In this article, the following words shall have the meanings ascribed to them below:
Accident.
Any occurrence that renders a vehicle wrecked or disabled.
Chief of police.
The chief of police of the city or his designated representative.
Consent tow.
The towing of a vehicle at the request of the owner or operator.
Disabled vehicle.
A motor vehicle that has been rendered unsafe to be driven as the result of some occurrence, including but not limited to 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 that the vehicle be removed by a wrecker.
Motor vehicle.
Every vehicle which is self-propelled.
Person.
An individual, firm, partnership, association, corporation, company or organization of any kind.
Police nonconsent tow.
The towing of a vehicle without the prearranged knowledge and consent of the owner or operator of said vehicle. Examples include, but are not limited to, vehicles towed when the driver is incapacitated following an accident, vehicles towed when the driver has been arrested, vehicles removed from public property without pre-notification of the vehicle owner, and seizures.
Vehicle.
Every mechanical device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
Wrecked vehicle.
A discarded, abandoned, junked, wrecked or worn-out motor vehicle that is not in a condition to be lawfully operated on a public road.
Wrecker
A vehicle designed to be used primarily for removing wrecked or disabled vehicles which is equipped with a mechanical device used to tow, winch, or otherwise move a vehicle, and which charges a fee for its services.
Wrecker or tow truck operator.
A person engaged in the business of using a wrecker to tow, winch or otherwise move a motor vehicle.
(Ordinance 2006-18, sec. 2, adopted 9/29/06)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 2006-18, sec. 6, adopted 9/29/06)
(a) 
A person commits an offense if the person operates or employs another to drive or operate any wrecker over any street in the city for the purpose of engaging in a police nonconsent tow, except as provided by this article.
(b) 
It is an affirmative defense to prosecution of a violation of subsection (a) hereof that the person is engaging in:
(1) 
The transportation of a vehicle by a nonresident wrecker operator from some point outside the city to some destination within the city;
(2) 
The transportation of a vehicle by a nonresident wrecker operator from some point outside the city and traversing the city to some other destination outside of the city;
(3) 
The transportation of a vehicle by a wrecker operator at the request of the owner or operator of that vehicle; or
(4) 
The transportation of a vehicle on the private property of another by a wrecker operator with the consent of the operator or owner of the vehicle, or of the owner of the private property.
(Ordinance 2006-18, sec. 1, adopted 9/29/06)
(a) 
The city shall have the right to contract with one or more wrecker service companies for the towing of city-owned vehicles or for the towing or impoundment of any vehicle made necessary in the exercise of the city’s police and governmental functions. Should the city contract with more than one wrecker company, the companies shall be called on a rotation basis. If the wrecker service is called to respond to a tow and is unavailable, the next company on the list shall be called.
(b) 
The city may call any wrecker company or use any wrecker in cases where the wrecker company is unable to respond as required by the agreement, when there exists an emergency situation or when deemed necessary by the chief of police or his authorized representative. In all cases, a report will be forwarded to the chief of police describing the circumstances involving such use.
(Ordinance 2006-18, sec. 3, adopted 9/29/06)