For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A motor vehicle that is inoperable and more than eight years old and left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle left unattended on the right-of-way of a designated county, state or federal highway within the corporate limits of the city for more than 48 hours.
DIRECTOR. The Director of the Department of Public Safety of the City of Heath Department of Public Safety.
CONSENT TOW. Any tow conducted with the permission of, or at the direction of, the vehicle’s legal or registered owner or the owner’s authorized representative. Except as set forth in the definition of nonconsent tow in this section, a tow will be considered a CONSENT TOW where the owner is able to give consent.
DISABLED VEHICLE. A vehicle which has been rendered unsafe to be driven as a result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, vandalism or a vehicle which is in a safe driving condition, but the owner is not present, or able, or permitted to drive, so as to reasonably necessitate that the vehicle be removed by a wrecker.
NONCONSENT TOW. Any tow conducted without the permission of, or not at the direction of, the vehicle’s legal or registered owner, or the owner’s authorized representative, regardless of the vehicle’s location or condition. Towing the vehicle of a person who has been taken into custody by a law enforcement agency is considered a NONCONSENT TOW.
PERMIT. That a specific authorization, in writing, issued by the city, which allows a person to engage in the operation of a wrecker service within the corporate limits of the city.
PERMITTEE. A person authorized by permit to engage in wrecker service within the corporate limits of the city.
PERSON. An individual, partnership, joint venture, association, corporation or any other entity recognized by law.
STORAGE FACILITY. A vehicular storage facility which meets the guidelines of the State of Texas Department of Licensing and Regulation.
STREET. Any street, alley, avenue, lane or highway within the corporate limits of the city.
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks.
WRECKED VEHICLE. A vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a wrecker.
WRECKER. A vehicle designed or re-adopted to be used for removing wrecked or disabled vehicles.
WRECKER SERVICE. The business of towing, moving or removing wrecked or disabled vehicles for compensation, regardless of whether the purpose of the removal is to repair, wreck, store, transport, trade or purchase the wrecked or disabled vehicle.
(2005 Code, § 6-4-1)