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.
Motor Vehicle.
Means every vehicle which is self propelled.
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.
Non-Resident Wrecker or Tow Truck Operator.
Means a wrecker or tow truck operator registered with the State of Texas, who does not maintain a place of business within the corporate limits of the City of Hillsboro.
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)