§ 23-110. Definitions.

Consent tow means any tow of a motor 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 the tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle.

Department means the City of Denton Police Department.

Driver's license has the meaning assigned by V.T.C.A., Transportation Code § 521.001.

Fully prepared for transport means a vehicle that is attached to a tow truck, is lifted, with tow lights and safety chains attached, and, if required, is placed on a dolly in a raised position.

Non-consent tow means any tow of a motor vehicle that is not a consent tow.

Parking facility means public or private property used, wholly or partly, for restricted or paid vehicle parking. The term includes:

(a)

A restricted space on a portion of an otherwise unrestricted parking facility; and

(b)

A commercial parking lot, a parking garage, and a parking area serving or adjacent to a business, church, school, apartment complex, property governed by a property owners' association, or government-owned property leased to a private person, including:

(1)

A portion of the right-of-way of a public roadway that is leased by a governmental entity to the parking facility owner; and

(2)

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.

Parking facility owner means:

(a)

An individual, corporation, partnership, limited partnership, limited liability company, association, trust, or other legal entity owning or operating a parking facility;

(b)

A property owners' association having control under a dedicatory instrument, as that term is defined in Section V.T.C.A., Property Code § 202.001, over assigned or unassigned parking areas; or

(c)

A property owner having an exclusive right under a dedicatory instrument, as that term is defined in V.T.C.A., Property Code § 202.001, to use a parking space.

Private property tow means any tow of a vehicle authorized by a parking facility owner without the consent of the owner or operator of the vehicle.

Property owners' association has the meaning assigned by V.T.C.A., Property Code § 202.001.

Public roadway means a public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.

Restricted space means a parking space that is properly marked in a parking facility that is properly signed according to state law.

Tow truck means any motor vehicle designed and used primarily for removing wrecked or disabled vehicles upon any street.

Tow truck operator means an individual operating a tow truck.

Tow truck operator's license means a license issued under this article.

Towing company means 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 the state.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks.

Vehicle storage facility means the site to which a permit holder tows and stores vehicles, which meets the requirements as required by the Texas Department of Transportation.

Vehicle owner means a person:

(a)

Named as the purchaser or transferee in the certificate of title issued for the vehicle under V.T.C.A., Transportation Code Ch. 501;

(b)

In whose name the vehicle is registered under V.T.C.A., Transportation Code Ch. 502, 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.

(Ord. No. 2015-335, § 1, 11-17-15)