Accident.
Means any occurrence that renders a vehicle wrecked or disabled.
Chief of Police.
Means the head administrator of the police department of
the City of Hillsboro, Texas or his authorized representative.
City.
Means the City of Hillsboro, Texas.
Disabled Vehicle.
Means any motor propelled vehicle that has been rendered
unsafe to be driven, as the result of some occurrence, including but
not limited to the following: mechanical failure or breakdown; fire
or vandalism; or a motor vehicle that is in a safe driving condition
but whose owner or operator is not present, able or permitted to drive,
so as to reasonably necessitate the removal of the vehicle by a wrecker.
Emergency Wrecker Contract.
Means a contract by and between the city council of the City
of Hillsboro and a wrecker company for the business of performing
police pull services. Said contract shall be reviewed annually by
the city council.
Illegally or Unauthorized Parked Vehicle.
Means a vehicle parked, stored or situated in violation of
any state law or city ordinance, or a vehicle parked, stored or situated
without the effective consent of the owner of the premises where the
vehicle is parked, stored or situated.
Junked Vehicle.
Means a motor vehicle that is inoperative or that does not
have lawfully affixed to it both an unexpired license plate or plates
and a valid motor safety inspection certificate; or a vehicle that
is wrecked, dismantled, partially dismantled or discarded. "Junked
Vehicle" does not include the following: a vehicle or part thereof
which is completely enclosed within a building in a lawful manner,
where it is not visible from the street or other public or private
property; a vehicle or part thereof which is stored or parked in a
lawful manner on private property in connection with the business
of a licensed vehicle dealer, salvage dealer or junkyard; or antique
and special interest vehicles, stored by a collector on his property,
provided that the vehicles and the outdoor storage areas are maintained
in such a manner that they do not constitute a health hazard or a
public nuisance and thus are screened from ordinary public view by
means of a fence, rapidly growing trees, shrubbery or other means
of obscuring the vehicles from view.
Non-Consent Tow.
Means the towing of a vehicle without the prearranged knowledge
and consent of the owner or operator of the vehicle. Examples include
but are not limited to the following: vehicles towed when the driver
is incapacitated following an accident; vehicles towed when the driver
has been arrested; vehicles removed from public and private property
without pre-notification to the vehicle's owner; and vehicle repossessions
and seizures.
Person.
Means an individual, firm, partnership, association, corporation,
joint venture, company or organization of any kind.
Police Pull.
Means the towing or other transportation of a vehicle by
a wrecker, resulting from a police officer taking constructive custody
of said vehicle, pursuant to state law and this article, police pulls
shall include all instances where vehicles are adjudged disabled vehicles
after being involved in an accident. Police pulls do not include tows
resulting from customary requests, made through the police department,
by the owner or operator of a vehicle who is not involved in an accident
or a non-consent tow.
Police Pull Permit.
Means authorization, in the form of a certificate issued
by the chief of police, entitling a wrecker service to perform police
pulls within the corporate limits of City of Hillsboro pursuant to
certain terms, regulations and conditions herein provided.
Vehicle.
Means every mechanical device in, upon or by which any person
or property is or may be transported or drawn upon a street or roadway,
except devices moved by human power or used exclusively upon stationary
rails or tracks. The term includes an operable or inoperable automobile,
truck, motorcycle, recreational vehicle or trailer.
Vehicle Storage Facility.
Means a garage, parking lot or any type of facility owned
by a person other than a governmental entity for storing or parking
one or more vehicles per year.
Wrecker Service.
Means the business of towing, moving or removing vehicles
through the use of a wrecker.
Wrecker Service Permit.
Means authorization in the form of a certificate issued by
the chief of police, entitling the operation of a wrecker service
within the corporate limits of City of Hillsboro, pursuant to certain
terms, regulations and conditions herein provided.
Wrecker Vehicle Permit.
Means authorization in the form of a certificate issued by
the chief of police, entitling the operation of a specific wrecker
vehicle utilized in a wrecker service, within the corporate limits
of City of Hillsboro, pursuant to certain terms, regulations and conditions
herein provided.
(Ordinance 96-12-03 adopted 12/3/96)