For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENT. An occurrence in the operation of a motor vehicle that results in injury to any person or property.
CHIEF OF POLICE. Wherever the term CHIEF OF POLICE appears in this chapter, the same shall mean the chief police official of the city or such other Police Department official as he or she shall designate.
DISABLED. Any vehicle which had been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, reasonably requiring that such vehicle be removed by a wrecker.
HEAVY DUTY WRECKER. A wrecker not less than two tons in size.
HOLD. A request made to the wrecker company by a police officer on behalf of the Mount Pleasant Police Department to maintain custody of a vehicle until approval to release the vehicle to the proper owner is given by the Police Department.
MOTOR VEHICLE. Any vehicle which is self-propelled.
OWNER’S REQUEST. Operator or owner of a wrecked or disabled vehicle may select a wrecker company to remove his or her vehicle and authorizes the Police Department to call that wrecker company on behalf of the individual.
POLICE DEPARTMENT. The Police Department.
POLICE PULL. When the Police Department has called a wrecker company from the rotation list to remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition when the driver is absent, in custody or otherwise incapable of making authorization.
PRIVATE PROPERTY COMMONLY USED BY THE PUBLIC. Supermarkets or shopping center parking lots, parking areas provided by business establishments for the convenience of their customers, clients or patrons and parking areas owned and operated for the convenience of, and commonly used by the public.
PUBLIC PROPERTY. Any property owned by a governmental entity.
RESTRICTED USE WRECKER. A wrecker which otherwise complies with the terms and conditions of this chapter, including a current inspection certificate and all required equipment and insurance as set out in §§ 117.08 and 117.09, but which is operated by a company other than a wrecker company and is used exclusively for the purpose of hauling or towing vehicles owned or operated by the same company owning the wrecker.
ROLLBACK UNIT. A specific type of wrecker consisting of a drive-on-hydraulic-tilting, flat- surface bed truck equipped with a forward-mounted winch manufactured with the intent of being able to remove heavily damaged vehicles from the road surface by having the bed unit tilt to the surface and winching the vehicle up onto the flat surface bed. Any rollback unit used under this chapter shall meet all State of Texas tow truck requirements for its intended purpose. A rollback unit meeting all applicable requirements of this chapter and of state law shall be considered a qualified wrecker for the purpose of this chapter, subject to other limitations as set out herein; provided, however, that a rollback unit shall not qualify as a heavy-duty wrecker under this chapter.
ROTATION. When the operator of a wrecked or disabled vehicle fails to designate a specific wrecker operator to remove the vehicle and he or she has authorized the Police Department to call a wrecker or heavy duty wrecker from the appropriate rotation list, a police initiated pull will utilize the same rotation list. A separate rotation list will exist for both wreckers and heavy duty wreckers. The Chief of Police will establish the fair and equal rotation lists.
STREET. Any street, alley, avenue, lane, public place or highway within the corporate limits of the city.
TOW TRUCK. A vehicle equipped with a lifting device which is designed, made or adapted to tow or carry other vehicles but which does not meet the minimum requirements for a wrecker. Vehicles which are commonly referred to as “two-car haulers” or “three-car haulers” are included in this definition of TOW TRUCK.
VEHICLE. Any 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.
WRECKER. A motor vehicle used for the purpose of towing or removing disabled or wrecked vehicles which meets all the State of Texas tow truck requirements.
WRECKED. The status of any vehicle that has been damaged as the result of an accident so as to reasonably require that such vehicle be removed by a wrecker.
WRECKER BUSINESS. Any wrecker company that hauls, tows or in any way moves vehicles by the use of a wrecker or tow truck.
WRECKER COMPANY. Any individual, corporation, partnership or association engaged in the business of towing vehicles on public streets or highways for compensation or with the expectation of compensation for the towing, storage or repair of vehicles. The term WRECKER COMPANY includes the owner, operator, employee or agent or a towing company but does not include cities, counties or other political subdivisions of the state.
(`87 Code, § 17-51) (Am. Ord. 1999-7, passed 7-6-99)