For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICATION. The written application form approved by the TCPD and all required documentation and all applicable fees.
AUXILIARY TOW LIGHTS. A set of red lamps, connected to the wrecker, which are attached to the rear of the towed vehicle and, when lit, will signal stops and turn movements of the towed vehicle.
CONSENT TOW. Any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle if such tow is performed pursuant to this subchapter. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle, or a tow initiated by a city official pursuant to a court order.
COMMISSION. The Texas Commission of Licensing and Regulation.
CONVICTION. A finding of guilt by a judge or jury, or any plea of guilty or nolo contendere, unless such conviction has been held invalid by the courts or the proceedings against the defendant have been dismissed and the defendant discharged by the court.
DOING BUSINESS AS (DBA). The operating name of a company, as opposed to its legal name.
EMERGENCY LIGHTS. Flashing, rotating or strobe lights that are mounted above the roof of the wrecker. The lights shall be mounted as high and as wide as possible and visible in all directions when activated. EMERGENCY LIGHTS shall be amber only in color. No lamps or lenses other than amber may be displayed. A rearward-facing directional arrow panel, mounted contiguous with the EMERGENCY LIGHTS, is permitted.
EVIDENTIARY CRIME SCENE. A crime scene in the incorporated city that requires the response of a law enforcement agency’s specialized investigative unit(s). Examples include, but are not limited to, a homicide scene or an auto theft chop shop.
HEAVY-DUTY WRECKER. A wrecker having a chassis rated at five tons or greater by the vehicle manufacturer, equipped with a winch capable of lifting a minimum of 30,000 pounds as rated by the winch manufacturer, air brakes, and tandem axles. Except where a distinction is made, the term WRECKER includes HEAVY-DUTY WRECKER.
HIGH MOUNTED STOP LAMP. A lamp conforming to Lamps, Reflective Devices, and Associated Equipment (49 C.F.R. § 571.108).
INCIDENT. An unplanned, randomly occurring traffic event that adversely affects normal traffic operations.
INCIDENT MANAGEMENT TOW. Any tow of a vehicle in which the tow truck is summoned to the scene of a traffic accident or to an incident, including the removal of a vehicle, commercial cargo, and commercial debris from an accident or incident scene.
LAW ENFORCEMENT OFFICER. A city police officer, or a peace officer for a law enforcement agency located in the county or state. (See Tex. Code C.C.P. Ch. 2, Art. 2.12.)
LAW ENFORCEMENT SCENE. The scene of a crime, collision or custodial arrest, or the location of a vehicle that is a traffic hazard, a recovered stolen vehicle or an abandoned vehicle.
NO SHOW. When the TCPD dispatcher telephones a towing company on the rotation list to perform a non-consent tow, and the wrecker does not arrive on the scene within the 30-minute time limit. A towing company is allowed three “no shows” during the calendar year. Any violation of this provision shall result in suspension or revocation of that wrecker company’s permit for the remainder of the calendar year.
NON-CONSENT TOW. Any tow of a motor vehicle that is not a consent tow.
NON-CONSENT TOW LIST. The TCPD shall maintain a master list of all wrecker companies to be utilized in the event of a tow conducted not at the permission or direction of the motor vehicle’s legal or registered owner, or such owner’s authorized representative.
OPERATE. To drive or otherwise use a wrecker.
OPERATOR. Any person operating a wrecker, regardless of whether the person owns the truck.
OWNER. Any person who holds the legal title of the motor vehicle or who has the legal right of possession thereof.
PASS. When the TCPD dispatcher telephones a towing company on the rotation list to perform a non-consent tow, and is unable to contact the towing company, or the towing company refuses or declines to accept the telephone call, or the towing company refuses to accept the towing assignment. Each towing company shall be allowed ten passes during a calendar year. Any violation of this provision shall result in suspension or revocation of that wrecker company’s permit for the remainder of the calendar year.
PERSON. A sole proprietor, partnership, corporation, limited liability company (LLC), assumed name or doing business as (DBA) shall be considered a PERSON for the purposes of this subchapter.
PUBLIC ROADWAY. A public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.
STORAGE COMPANY. An individual, partnership, corporation or any other association that is engaged in the business of storing motor vehicles for compensation or the expectation of compensation. The term includes the owner, operator, employee and/or agent of the STORAGE COMPANY.
TCPD. The City of Texas City Police Department.
TOW. The movement of a motor vehicle by a wrecker.
TOWING COMPANY. An individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more tow trucks over a public roadway in this state, but does not include a political subdivision of the state.
VEHICLE. A device in, on, or by which a person or property may be transported on a public roadway. The term includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer, but does not include a device moved by human power or used exclusively on a stationary rail or track.
VEHICLE OWNER. The motor vehicle’s legal or registered owner, or such owner’s authorized representative who is physically present at the law enforcement scene.
VEHICLE STORAGE FACILITY. As defined by Tex. Transportation Code § 2303.002, and that is operated by a person who holds a license issued under Tex. Transportation Code Ch. 2303 to operate the facility.
VEHICLE STORAGE FACILITY OWNER. An individual, partnership, corporation or any other association (other than a governmental entity) that is engaged in the business of operating a garage, parking lot, storage lot or any type of facility to store motor vehicles subject to non-consent tows under this subchapter.
WORKING DAY. Any day that the TCPD conducts normal business, excluding holidays and weekends.
WRECKER. A commercial motor vehicle equipped with, or used in combination with a mechanical device adapted or used to tow, winch or otherwise move a motor vehicle, which, together with the towed vehicle, has a gross vehicular or actual weight of 26,000 pounds or less. For purposes of convenience, the term WRECKER, as used throughout this subchapter, shall be deemed to include both the defined terms HEAVY-DUTY WRECKER and WRECKER, unless a specific reference to the term HEAVY-DUTY WRECKER is made.
WRECKER PERMIT. A tag issued by the TCPD authorizing a specific wrecker to perform non-consent tows.
WRECKER SELECTION FORM. The form for selection of wrecker companies, prepared and used as provided by the city.
(1998 Code, § 126-31) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)