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Legislation #: 160873 Introduction Date: 11/10/2016
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SHIELDS AND COUNCILMEMBER JUSTUS
Title: Amending Chapter 70, Code of Ordinances, by repealing Section 70-642, Vehicles and property subject to impoundment, and enacting in lieu thereof a new section of like number and subject matter that allows vehicles with certain license plates or placards for physically disabled persons to remain parked in the same place on the streets continuously for 120 hours without impoundment.

Legislation History
DateMinutesDescription
11/9/2016 Filed by the Clerk's office
11/10/2016 Referred to Transportation & Infrastructure Committee
12/1/2016 Do Pass
12/1/2016 Assigned to Third Read Calendar
12/8/2016 Passed

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ORDINANCE NO. 160873

 

Amending Chapter 70, Code of Ordinances, by repealing Section 70-642, Vehicles and property subject to impoundment, and enacting in lieu thereof a new section of like number and subject matter that allows vehicles with certain license plates or placards for physically disabled persons to remain parked in the same place on the streets continuously for 120 hours without impoundment.

 

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 by repealing Section 70-642, Vehicles and property subject to impoundment, and enacting in lieu thereof a new section of like number and subject matter , to read as follows:

 

Sec. 70-642. Vehicles and property subject to impoundment.

 

(a) Any police officer is hereby authorized to remove a vehicle or other personal property to the nearest garage or other place designated by the city under the circumstances enumerated in this section:

 

(1) When any vehicle upon a street is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal.

 

(2) When any vehicle or other personal property is parked illegally or placed in such manner as to constitute a hazard or obstruction to the movement of traffic and when a citation or summons has been affixed to the vehicle or presented to the owner or operator.

 

(3) When a vehicle is parked on the streets in the same place continuously for 48 hours and a citation summons has been affixed to the vehicle or presented to the owner or operator; however, any vehicle bearing and properly displaying a valid distinguishing license plate or placard issued pursuant to RSMo 301.071, pertaining to license plates for physically disabled veterans, or 301.142, pertaining to license plates for physically disabled persons, as amended, or a valid duly registered equivalent license plate or placard issued by the state, country or other place of which the owner is a resident if the owner of that vehicle is a nonresident of the state, shall not be subject to impoundment under this subsection until it is parked on the streets in the same place continuously for 120 hours.

 

(4) When a vehicle is left unattended on an interstate highway or freeway for a period in excess of 10 hours and a summons has been affixed to the vehicle or presented to the owner or operator.

 

(5) When the driver of any vehicle is taken into custody by the police department and such vehicle would thereby be left unattended upon a street or highway.

 

(6) When any vehicle is found to be driven or moved on a street or highway which is in such unsafe condition as to endanger any person or property and a citation or summons has been presented to the owner or operator or affixed to the vehicle.

 

(7) When any vehicle is parked on private property or upon an area developed as an off-street parking facility without the consent of the owner, lessee or person in charge of any such property or facility, and upon complaint to the police department by the owner, lessee or person in charge of such property or facility, and a citation or summons has been presented to the owner or operator or affixed to the vehicle.

 

(8) When any vehicle is found, which the police have reasonable grounds to believe has been involved in an accident, and the driver, owner or person in charge thereof has failed to comply with the provisions of sections 70-211, 70-212 and 70-213.

 

(9) When any vehicle is found on the street, and the driver, owner or person in charge of such vehicle, while driving or in charge of such vehicle or while such vehicle was parked or stopped, has received a citation or summons to answer to a charge against him for violation of the traffic ordinance, and such driver, owner or person in charge has failed to appear and answer to such charge within the specified time.

 

(10) When any vehicle or personal property is directly interfering with the maintenance and care or the emergency use of the streets by any proper department of the city.

 

(11) When any vehicle is parked on the streets or any public place without valid license plates or with license plates reported stolen and when a citation or summons has been affixed to the vehicle or presented to the owner or operator.

 

(12) When a stolen motor vehicle or other personal property is found on a public street or private property.

 

(13) When removal is necessary in the interest of public safety because of fire, flood, storm or other emergency reason.

 

(14) When any vehicle is parked on the streets or any public place and bears a license plate or renewal decal which has been reported stolen or which has been issued to a motor vehicle other than that to which it is affixed, or which has been altered or counterfeited, and when a citation or summons has been affixed to the vehicle or presented to the owner or operator.

 

(b) The director of neighborhood and community services is authorized to remove from public or private property any vehicle that is derelict, junk, scrapped, disassembled or otherwise harmful to the public health under the terms of chapter 48, nuisances.

 

(c) The director of public works is authorized to remove from public property any vehicle that is left unattended in violation of local ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard.

 

_____________________________________________

 

Approved as to form and legality:

 

 

______________________________

Katherine Chandler

Assistant City Attorney