§ 31-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Auto wrecker shall mean any automobile, truck or other motor vehicle used for the purpose of towing, carrying, pushing or otherwise transporting any motor vehicle, from one place to another for any purpose of wrecking, storing, or repairing the vehicle. The term "auto wrecker" shall not be constructed to include a service car or other vehicle not equipped with mechanical devices for transporting disabled vehicles and not used for such purposes, such as service cars equipped with compressed air containers and tools for performing minor repairs not involving towing or transportation of disabled vehicles. This exception shall not authorize evasion of this chapter, and if any vehicle, although not equipped with devices primarily used for towing vehicles through means of ropes, chains or otherwise, the same shall be considered in violation of this chapter. An auto wrecker can pick up vehicles for mechanical repair and body shop work and haul vehicles for any dealer as long as it does not appear at an accident scene, or police incident site. An auto wrecker towing a vehicle within the city limits of Pearland, Texas shall comply with all state and federal regulations governing said auto wrecker(s).

Director shall mean the City of Pearland employee appointed by the city manager who shall administrate the rules and regulations set forth by this chapter. The director shall report to the city manager.

Emergency auto wrecker shall mean an auto wrecker having a gross vehicle weight of twenty-six thousand (26,000) pounds or less, which holds a valid emergency auto wrecker permit from the city, and which lawfully appears at the scene of an accident or other police incident for the purpose or in expectation of towing, removing, or hauling away the vehicle from the scene of the accident or police incident site.

Heavy-duty wrecker shall mean an auto wrecker having a gross vehicle weight of twenty-six thousand one (26,001) pounds or more. A heavy-duty wrecker shall not operate as an emergency wrecker, but may operate as a private wrecker, contracted by the owner(s)/operator(s) or the city to tow a heavy disabled, wrecked, or illegally parked vehicle. Heavy-duty wreckers shall be required to have all safety devices, warning equipment, etc. as outlined in section 31-13 of this chapter.

Motor vehicle shall mean only motor vehicles subject to registration pursuant to the Texas Certificate of Title Act (V.T.C.A., Transportation Code ch. 501).

Owner where used in connection with the person(s) issued a permit under this chapter, shall be construed to mean any person, or his/her agent, engaged in the business of storing, wrecking or repairing motor vehicles for hire and who owns or is entitled to use any auto wrecker or emergency auto wrecker, and who uses the same in the conduct of his/her business or any part thereof, and the term "owner" shall extend and be applied to associations, corporations, and firms and partnerships as well as individuals.

Permit holder shall mean any person, partnership, corporation or other enterprise which has a valid auto wrecker or emergency auto wrecker permit issued by the city. This term shall be inclusive of the agents of any such person, partnership, corporation or other enterprise.

Police incident shall mean any activity requiring police involvement exercising responsibility or authority.

Wrecker driver means any individual who actually operates and/or drives any auto wrecker or emergency auto wrecker on the streets of the city, either on his/her own account or in the employ of another.

(Ord. No. 374-1, § 1, 6-24-91; Ord. No. 374-3, § 1, 10-27-03)