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Legislation #: 160671 Introduction Date: 9/1/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 70, Code of Ordinances, to give parking control officers the same authority as police officers when directing traffic at an emergency and to remove vehicles obstructing roadways by repealing Sections 70-71, 70-73 and 70-522 relating to traffic and vehicles and enacting in lieu thereof three new sections of like number and subject matter.

Legislation History
DateMinutesDescription
8/31/2016 Filed by the Clerk's office
9/1/2016 Referred to Transportation & Infrastructure Committee
9/8/2016 Do Pass as a Committee Substitute
9/8/2016 Assigned Third Read Calendar as Substituted
9/22/2016 Passed as Substituted

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160671.pdf Authenticated 269K Authenticated
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160671 Fact Sheet.pdf Fact Sheet 42K 160671 Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160671

 

Amending Chapter 70, Code of Ordinances, to give parking control officers the same authority as police officers when directing traffic at an emergency and to remove vehicles obstructing roadways by repealing Sections 70-71, 70-73 and 70-522 relating to traffic and vehicles and enacting in lieu thereof three new sections of like number and subject matter.

  

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 70, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended to give parking control officers the same authority as police officers when directing traffic at an emergency and to remove vehicles obstructing roadways by repealing Sections 70-71, 70-73 and 70-522 relating to traffic and vehicles and enacting in lieu thereof three new sections of like number and subject matter, to read as follows:

 

Sec. 70-71. Authority of police and fire department officers.

 

(a)    It shall be the duty of the officers of the police department or such other officers as are authorized by law to enforce all traffic laws of this city and all state vehicle laws.

 

(b)   Officers of the police department, parking control officers, or such officers as are assigned by the chief of police or authorized by law are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, such officers may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.

 

(c)    Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.

 

Sec. 70-73. Obedience to police and fire department officers.

 

No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer, parking control officer, firefighter or uniformed adult school crossing guard with authority to direct, control or regulate traffic.

 

Sec. 70-522. Authority to remove vehicles.

 

(a)    Whenever any police officer or parking control officer finds a vehicle in violation of any of the provisions of section 70-521 such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the vehicle, to a position off the roadway.

 

(b)   Any police officer or parking control officer is hereby authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any street or highway, bridge or causeway, or in any tunnel, in such position or under such circumstances as to obstruct the normal movement of traffic.

 

(c)    Any police officer or parking control officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a street or highway when:

 

(1)               Report has been made that such vehicle has been stolen or taken without the consent of its owner;

 

(2)               The persons in charge of such vehicle are unable to provide for its custody or removal; or

 

(3)               The person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.

 

____________________________________

 

Approved as to form and legality:

 

 

_________________________________

Alan L. Holtkamp

Assistant City Attorney