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