§ 22-28. Definitions and rules of construction.

(a)

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

Affirmative defense has the same meaning as that ascribed to it in V.T.C.A., Penal Code § 2.04.

Motor vehicle means every self-propelled device in, upon or by which any person or property is or may be transported but does not include any device moved by human power to which no motor is attached or used exclusively upon stationary rails or tracks.

Other self-propelled vehicle means a motor vehicle, as herein defined, other than a truck, truck-tractor or any motor vehicle designed for carrying passengers when actually in use for the transportation of persons.

Truck means every motor vehicle designed, used or maintained primarily for the transportation of property, with a manufacturer's rated carrying capacity in excess of 2,000 pounds, but does not include those trucks having a smaller capacity and commonly known as pickup trucks, panel delivery trucks and carry-all trucks.

Truck-tractor means every motor vehicle designed or used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(b)

In any prosecution hereunder in the municipal court of the town, or any other court of competent jurisdiction, the complaint charging a violation of this article need not negate the existence of any affirmative defense contained herein but the existence of the same may be raised by the defendant in such prosecution by way of affirmative defense.

(Ord. No. 1985-04, § 2, 2-13-1985)