ORDINANCE NO. 060618
Amending Chapter 70, Code of
Ordinances, by repealing Section 70-270, Financial responsibility required;
proof of financial responsibility, and enacting in lieu thereof a new section
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 by repealing Section 70-270, Financial responsibility required; proof
of financial responsibility, and enacting in lieu thereof a new section of like
number and subject matter, to read as follows:
Sec. 70-270. Financial
responsibility required; proof of financial responsibility.
(a) No
person shall operate a motor vehicle registered in this state, required to be
registered in this state, registered in another state, or required to be
registered in another state, whether owned by such operator or by another, upon
the streets, alleys or highways of this city, unless such operator, or the
owner of the vehicle, maintains financial responsibility which covers the
operation of that vehicle by such operator.
(b) No
person shall operate a motor vehicle registered in this state, required to be
registered in this state, registered in another state, or required to be
registered in another state, whether owned by such operator or by another, upon
the streets, alleys or highways of this city, unless such operator exhibits
proof of financial responsibility upon demand of a police officer, which proof
covers the operation of that vehicle by such operator.
(c) For
purposes of this section, the term "financial responsibility" means
the ability to respond in damages for liability occurring after the effective
date of proof of such financial responsibility, arising out of the ownership,
maintenance or use of a motor vehicle, in the amount of $25,000.00 because of
bodily injury to or death of one person in any one accident, and, subject to
the limit for one person, in the amount of $50,000.00 because of bodily injury
to or death of two or more persons in any one accident, and in the amount of
$10,000.00 because of injury to or destruction of property of others in any one
accident.
(d) Proof
of financial responsibility may be shown by any of the following:
(1) An insurance identification card issued by a motor
vehicle insurer or by the director of revenue of the state for self-insurance,
as provided by R.S.Mo 303.024. A motor vehicle insurance policy, a motor
vehicle liability insurance binder or receipt which contains the name and
address of the insurer, the name and address of the named insured, the policy
number, the effective dates of the policy and a description by year and make of
the vehicle, or at least five digits of the vehicle identification number or the
word "fleet" if the insurance policy covers five or more vehicles,
shall be satisfactory evidence of insurance in lieu of an insurance
identification card.
(2) A certificate of the state treasurer of a cash
deposit as provided by R.S.Mo 303.240.
(3) A surety bond filed with the director of
revenue of the state as provided by R.S.Mo 303.230.
(e) Proof
of financial responsibility shall be carried at all times in the insured motor
vehicle or by the operator of the motor vehicle if the proof of financial
responsibility is effective as to the operator rather than to the vehicle. The
operator of the motor vehicle shall exhibit the proof of financial
responsibility on the demand of any police officer who lawfully stops such
operator while that officer is engaged in the performance of the duties of his
office.
(f) Failure
of any person who operates a motor vehicle on the streets, alleys or highways
of this city to exhibit proof of financial responsibility on the demand of any
police officer who lawfully stops such person shall be prima facie evidence
that such person, or that the owner of the vehicle, does not maintain financial
responsibility as required by this section. It shall be an absolute affirmative
defense to a violation charged under subsection (a) of this section that the
operator of a motor vehicle, or the owner of the vehicle, did maintain
financial responsibility which covered operation of the vehicle by such
operator on the date of the violation. It shall be a mitigating circumstance to
a violation charged under subsection (a) of this section that the operator,
subsequent to the date of the offense and prior to a trial or guilty plea,
obtained and maintained financial responsibility which covers operation of
motor vehicles by such operator.
__________________________________________________
Approved
as to form and legality:
___________________________
Beth
Murano
Assistant City Attorney