§ 34-177 DEFINITIONS.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section or as they may otherwise be defined under state law governing the towing and storage of vehicles, including but not limited to Tex. Transportation Code Chapters 2303 and 2308, as they may be amended from time to time.
ACCIDENT. Any occurrence which renders a vehicle wrecked or disabled as defined in this section.
CONSENT TOW. Any tow of a motor vehicle in which the tow truck is summoned by the owner or operator of the vehicle or by a person who has possession, custody, or a legal right to control the vehicle, including tows for the repossession of vehicles. The term does not include a law enforcement purpose tow, an incident management tow, or a private property tow.
DISABLED. That status of any vehicle which has been rendered unsafe to be driven upon a public roadway as the result of some occurrence other than a wreck, including, but not limited to, mechanical failures or breakdowns, fire, or the elements or vandalism, so as to reasonably necessitate that such vehicle be removed by a tow truck.
DROP FEE. The fee charged for a private property tow while the towed vehicle is still on the premises from which it is being towed.
HAZARDOUS MATERIAL.
(1) Any substance classified as a hazardous material under state law or federal law or under a rule adopted pursuant to state or federal law; or
(2) A chemical, petroleum product, gas or other substance that, if discharged or released, will or is likely to create an imminent danger to individuals, property or the environment.
INCIDENT. A 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 an accident or to an incident, including the removal of a vehicle, commercial cargo, and debris from an accident or an incident.
LAW ENFORCEMENT PURPOSE TOW. Any tow of a vehicle, commercial cargo, or debris in which the tow truck is summoned at the request of the police department to remove a vehicle, commercial cargo, or debris for a law enforcement purpose, as determined by the police department. This term includes tows authorized under Tex. Transportation Code Chapter 545. The term also includes an incident management tow, other than a driver-designated tow under this article that results from an accident or incident to which a police officer was dispatched and was present at the scene for any amount of time and for which a tow was requested.
NONCONSENT TOW. Any tow of a motor vehicle that is not a consent tow, including:
(1) A law enforcement purpose tow;
(2) A private property tow; and
(3) An incident management tow.
OPERATE. To drive or to be in physical control of a tow truck.
PARKING FACILITY. Public or private property used, wholly or partly, for restricted or paid vehicle parking. The term includes:
(1) A restricted space on a portion of an otherwise unrestricted parking facility; and
(2) A commercial parking lot, a parking garage, and a parking area serving or adjacent to a business, church, school, home that charges a fee for parking, apartment complex, property governed by a property owners' association, or government owned property leased to a private person, including:
a. A portion of the right-of-way of a public roadway that is leased by a governmental entity to the parking facility owner; and
b. The area between the facility's property line abutting a county or municipal public roadway and the center line of the roadway's drainage way or the curb of the roadway, whichever is farther from the facility's property line.
POLICE CHIEF. The chief of police of the Fort Worth Police Department and any designees.
POLICE DEPARTMENT. The Fort Worth Police Department and any designees.
PRIVATE PROPERTY TOW. Any tow of a motor vehicle authorized by a parking facility owner without the consent of the owner or operator of the vehicle.
PUBLIC ROADWAY. A public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.
TOW TRUCK. A motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch, or otherwise move another motor vehicle. The term does not include:
(1) A motor vehicle owned and operated by a governmental entity, including a public school district;
(2) A motor vehicle towing:
a. A race car;
b. A motor vehicle for exhibition; or
c. An antique motor vehicle.
(3) A recreational vehicle towing another vehicle;
(4) A motor vehicle used in combination with a tow bar, tow dolly, or other mechanical device if the vehicle is not operated in the furtherance of a commercial enterprise;
(5) A motor vehicle that is controlled or operated by a farmer or rancher and used for towing a farm vehicle;
(6) A motor vehicle that:
a. Is owned or operated by an entity the primary business of which is the rental of motor vehicles; and
b. Only tows vehicles rented by the entity;
(7) A truck-trailer combination that is owned or operated by a dealer licensed under Tex. Occupations Code Chapter 2301 and used to transport new vehicles during the normal course of a documented transaction in which the dealer is a party and ownership or the right of possession of the transported vehicle is conveyed or transferred; or
(8) A car hauler that is used solely to transport, other than in a consent or nonconsent tow, motor vehicles as cargo in the course of a prearranged shipping transaction or for use in mining, drilling, or construction operations.
TOW TRUCK BUSINESS. The business of towing, moving or removing vehicles through the use of a tow truck for a commercial purpose.
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 this state.
TILT BED/ROLL BACK CAR CARRIER. A motor vehicle designed and equipped as to be capable of lifting another vehicle upon itself for the purpose of transporting a motor vehicle that cannot be safely transported by a tow truck.
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. A person:
(1) Named as the purchaser or transferee in the certificate of title issued for the vehicle under Tex. Transportation Code Chapter 501, or Tex. Parks and Wildlife Code Chapter 31, as applicable;
(2) In whose name the vehicle is titled under Tex. Transportation Code Chapter 502, or Tex. Parks and Wildlife Code Chapter 31, as applicable, or a member of the person's immediate family;
(c) Who holds the vehicle through a lease agreement;
(d) Who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or
(e) Who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle.
VEHICLE STORAGE FACILITY. A garage, parking lot, or other facility that is owned by a person other than a governmental entity, located no more than one mile outside the corporate limits of the City of Fort Worth, and used to store at least ten vehicles each year and is operated by a person who holds a license issued pursuant to Tex. Occupations Code Chapter 2303.
WRECKED. The status of any vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that such vehicle be removed by a tow truck.
(Ord. 23222-05-2018, § 1, passed 5-15-2018; Ord. 25674-08-2022, § 1, passed 8-23-2022, eff. 9-1-2022)
