SEC. 48A-5. DEFINITIONS.
In this chapter:
(1) CITY means the city of Dallas, Texas.
(2) CHIEF OF POLICE means the chief of police for the city of Dallas or a designated representative.
(3) CONSENT TOW means any tow of a vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle.
(4) CONVICTION means a conviction in a federal court or court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned.
(5) DIRECTOR means the director of the department designated by the city manager to enforce and administer this chapter, and includes representatives, agents, and department employees designated by the director.
(6) DRIVER means an individual who drives or operates a wrecker.
(7) HEAVY DUTY WRECKER means a wrecker that has:
(A) a manufacturer’s gross vehicle weight rating of not less than 48,000 pounds; and
(B) either:
(i) a power operated winch, winch line, and boom, with a factory-rated lifting capacity of not less than 50,000 pounds and a dual line capacity of not less than 20,000 pounds; or
(ii) an underlift device with a factory-rated lifting capacity of not less than 10,000 pounds when extended.
(8) ILLEGALLY PARKED or UNAUTHORIZED VEHICLE means a vehicle that is:
(A) parked, stored, or located on private property without the consent of the property owner;
(B) parked in or obstructing a fire lane, aisle, entrance, exit, driveway, or other area not designated for the parking of vehicles; or
(C) parked in an area designated for the parking of vehicles but fails to display a valid parking decal, emblem, badge, sticker, ticket, or other identification required by the property owner for parking in a designated area or space.
(9) LAWFUL ORDER means a verbal or written directive that:
(A) is issued by the director in the performance of official duties in the enforcement of this chapter and any rules and regulations promulgated under this chapter; and
(B) does not violate the United States Constitution or the Texas Constitution.
(10) LICENSEE means a person licensed under this chapter to engage in vehicle tow service. The term includes any owner or operator of the licensed business, but does not include a subcontractor unless the use of the subcontractor is authorized pursuant to Section 48A-7(e) of this chapter.
(11) LIGHT DUTY WRECKER means a wrecker that has:
(A) a manufacturer’s gross vehicle weight rating of not less than 10,000 pounds; and
(B) either:
(i) a power operated winch, winch line, and boom, with a factory-rated lifting capacity of not less than 8,000 pounds, single line capacity; or
(ii) an underlift device with a factory-rated lifting capacity of not less than 3,000 pounds when extended.
(12) MEDIUM DUTY WRECKER means a wrecker that has:
(A) a manufacturer’s gross vehicle weight rating of not less than 18,000 pounds; and
(B) either:
(i) a power operated winch, winch line, and boom, with a factory-rated lifting capacity of not less than 24,000 pounds and a dual line capacity of not less than 8,000 pounds; or
(ii) an underlift device with a factory-rated lifting capacity of not less than 6,000 pounds when extended.
(13) NONCONSENT TOW means any tow of a vehicle that is not a consent tow.
(14) OPERATE means to drive or to be in control of a wrecker.
(15) OPERATOR means the holder of a vehicle tow service license.
(16) PERMITTEE means an individual who has been issued a wrecker driver’s permit under this chapter.
(17) PERSON means an individual, assumed name entity, partnership, joint-venture, association, corporation, or other legal entity.
(18) POLICE DEPARTMENT means the police department of the city of Dallas.
(19) PROPERTY ENTRANCE means any point located on private property that is designed to provide access by a vehicle to the private property.
(20) PROPERTY OWNER means a person, or the person’s agent or lessee, who holds legal title, deed, or right-of-occupancy to private property, but does not include a vehicle tow service licensee or an employee or representative of a vehicle tow service licensee.
(21) STREET means any public street, alley, road, right-of-way, or other public way within the corporate limits of the city. The term includes all paved and unpaved portions of the right-of-way.
(22) VEHICLE means a device in, on, or by which a person or property may be transported on a public street. The term includes, but is not limited to, 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.
(23) VEHICLE OWNER or OPERATOR means a person, or the designated agent of a person, who:
(A) holds legal title to a vehicle, including any lienholder of record; or
(B) has legal right of possession or legal control of a vehicle.
(24) VEHICLE STORAGE FACILITY has the meaning given that term in the Vehicle Storage Facility Act.
(25) VEHICLE STORAGE FACILITY ACT means Chapter 2303 of the Texas Occupations Code, as amended.
(26) VEHICLE TOW SERVICE means the business of towing an illegally parked or unauthorized vehicle from private property.
(27) WRECKER means a vehicle designed for the towing of other vehicles.
(28) WRECKER DRIVER’S PERMIT means a permit issued under this chapter to an individual by the director authorizing that individual to operate a wrecker for a vehicle tow service in the city. (Ord. Nos. 19099; 19312; 21435; 23106; 24175; 25812)
