COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060816

 

Amending Chapter 54, Code of Ordinances, by repealing Article IV, Salvage Motor Vehicles and Salvage Motor Vehicle Parts Dealers and enacting in lieu thereof a new article of like number and subject matter and applying appropriate regulation and fees concerning the establishment of a salvage motor vehicle and salvager motor vehicle parts dealer license and permit.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 54, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Article IV, Salvage Motor Vehicles and Salvage Motor Vehicle Parts Dealers and enacting in lieu thereof a new article of like number and subject matter, to read as follows:

 

ARTICLE IV. SALVAGE MOTOR VEHICLES AND SALVAGE

MOTOR VEHICLE PARTS DEALERS*

 

Sec. 54-101. Purpose.

The purpose of this article is to provide for appropriate and reasonable regulation of salvage yards in light of the potential detrimental effects of improper operation, such as creating fire hazards, health hazards from vectors and general deterioration of property values.

Sec. 54-102. Definitions.

As used herein, the following words shall have the definitions as provided:

 

Director. Director shall mean the director of Neighborhood and Community Services Department or its designee.

Dwelling. A building or portion thereof designed exclusively for residential occupancy, but not including hotels or motels.

Fence. A solid barrier enclosing land and buildings constructed of wood, masonry, corrugated sheet metal, chain link or any combination thereof, provided that any chain link fence shall be constructed of galvanized steel with wood or metal slats or strips running through all links of the chain link fence.

Front clip. The two front fenders, hood, grill and front bumper of an automobile assembled as one unit.

Managing Officer. The individual designated by the licensee who is in actual management and control of a business licensed under this chapter.

 

Person. Any individual, estate, firm, corporation, association, partnership, cooperative or governmental agency.

Rear clip. Those body parts behind the rear edge of the back doors, including both rear quarter panels, the rear window, trunk lid, trunk floor panel and rear bumper, assembled as one unit.

Residential zoning. Any land zoned district R-1, RA, R-2, R-3, R-4, R-5, GP-6, GP-5, GP-4, GPR-1 and GPR-2.

 

Salvage vehicle. A motor vehicle, aircraft, boat, farming implement, industrial equipment, trailer or any other convenience used on roadways, which by reason of condition or circumstance, has been declared salvage, either by its owner, or by a person, firm, corporation or other legal entity exercising the right of security interest in such vehicle, or by an insurance company as a result of settlement of a claim for loss due to damage or theft and which has no use or resale value except as a source of parts; or a vehicle, ownership of which is evidenced by salvage title.

Salvage yard. A place that stores salvage vehicles or junk vehicles for more than 15 consecutive calendar days or dismantles salvage vehicles or junk vehicles for the sale of parts or buys and sells used motor vehicle parts and accessories or stores used motor vehicle parts and accessories for more than 15 consecutive calendar days.

 

Salvage yard permit. A document, approved by the director or his designee, issued to a person who has applied for and met the requirements for the operation of a salvage yard as defined in this chapter.

 

Sec. 54-103. Salvage yard permit required.

A person must obtain a salvage yard permit from the director or its designee to operate a salvage yard which shall be renewed annually. A separate salvage yard permit is hereby required for each place where salvage business is transacted. A new salvage yard permit or a renewal salvage yard permit where the applicant increases its business will not be issued for a business located in a floodplain as indicated by the official floodplain document unless the area is part of an existing city certified salvage yard or contiguous to an existing city certified salvage yard exclusive of right-of-way. Prior to issuance of the salvage yard permit, the director or its designee shall inspect and request other city departments to inspect the business premises to ensure compliance with other city ordinances. Permits will be reissued to reflect approved changes.

Sec. 54-104. Application for salvage yard permit.

Application for a Salvage Yard Permit or annual renewal shall be in writing and shall be accompanied by a fee of $100.00. The salvage yard permit fee shall be in addition to fees required by other ordinances. The salvage yard application shall contain the following information:

(1) The full name and place of residence of the applicant. If the applicant is a partnership, the full name and place of residence of each general partner shall be listed. If the general partner of a limited partnership is a corporation, then that corporation shall list the full name, position and place of residence of each officer and director of that corporation. If the applicant is a corporation, the full name, position, and place of residence of each officer and director shall be provided. If the applicant is doing business under a fictitious name, both legal and fictitious names shall be listed on the application.

(2) The street address and legal description where such business is to occur;

(3) The hours of operation and days of the week that the business will be open;

(4) Description of all the property and any improvements surrounding the property within 100 feet of the proposed salvage yard. A scale map of the area shall be submitted with the application which shows the location and type of fence surrounding the property and location of access drives and fire roads within the property.

 

(5) The name, telephone number and address of the person designated as the Managing Officer of the local office operations. The Managing Officer will be the individual authorized to receive notifications or tickets that may be issued by the City.

(6) The Missouri sales tax number and federal identification number of the business;

(7) A copy of the tax clearance letter issued by the finance department shall be attached to the application;

(8) Such further information as pertains to the operation of a salvage yard as may be required by the director or its designee.

(9) The owner of the salvage yard shall update the application or renewal in writing as changes occur.

(10) Dated and signed by an individual with authority to sign on behalf of the person requesting the Salvage Yard Permit.

 

(11) If the land for the Salvage Yard is not owned by the applicant, the name, address and telephone number of the land owner. Documentation that establishes the land owner authorizes the use of the land as a salvage yard.

 

Sec. 54-105. Salvage yard permit form.

Each salvage yard permit issued under this article shall state the name of the permit holder, the managing officer, the place of business, the street address where the business is located, and the hours and days the salvage yard permit holder is authorized to transact business. The permit is valid for one (1) year and expires as determined by the director or its designee.

Sec. 54-106. Salvage yard permit display.

The salvage yard permit issued pursuant to this article must be displayed in a conspicuous place in the salvage yards place of business.

Sec. 54-107. Salvage yard permit suspension, revocation, refusal to issue or renew

The director may, upon conducting a hearing after ten days have expired from the date of written notice, suspend for a period of 30 days or revoke for a period not to exceed one year a salvage motor yard permit for any of the following reasons:

(1) The making of any false statement in an application, renewal or hearing regarding a salvage yard permit.

 

(2) Failure to obtain a tax clearance letter from the finance department.

(3) Violation, on the premises, by the salvage yard permit holder or any of its employees of the salvage yard permit holder of any city ordinance, state or federal law.

(4) Any criminal activity on the premises.

(5) Failure to allow access to the licensed salvage yard during business hours or anytime the business is open, by authorized law enforcement and regulatory personnel

(6) Any false statement or failure to provide accurate information regarding the salvage yard and its operation.

Sec. 54-108. Inspections.

(a) A salvage yard permit holder or the Managing Officer or their representatives must make the premises available for inspection and shall accompany inspectors during inspections.

 

(1) Compliance. Inspections shall occur annually to insure compliance with this article. Written inspection notification shall be sent 14 days prior to the inspection and shall be mailed, electronically transmitted, or delivered in person to the person and address shown on the application as Managing Officer.

(2) Routine. The director or its designee shall during normal business hours, conduct periodic inspections of the entire salvage yard including but not limited to any buildings and surrounding property of the salvage yard.

(3) Complaint. Inspections will be performed when violations of this article are reported to the director or its designee.

(4) Reinspections. Inspections are scheduled bi-weekly when salvage yards fail routine or complaint inspections until compliance is reached.

(b) The fee for each inspection shall be as follows:

Routine inspection	No fee
Complaint inspections	No fee
Reinspection	$100.00

 

Sec. 54-109. Records required.

At the time of purchasing any salvage vehicle, the salvage yard permit holder is hereby required to:

 

(1) Inspect the item offered for sale to determine the correct vehicle identification number.

 

(2) Obtain a legal and properly executed vehicle title or Bill of Sale issued by the Kansas City vehicle impound facility.

 

(3) Accurately and legibly record at the time of sale, on a form established by the director, the following information:

 

a.                   The time, date and place of transaction;

 

b.                  The sellers name, address, telephone number, sex, date of birth, and the identifying number from the sellers drivers license, military identification card, passport, or personal identification permit; the identifying number from an official governmental document for a Country, other than the United States may be used to meet this requirement provided that a legible fingerprint is also obtained from the seller;

 

c.                   If a motor vehicle or a motor vehicle part is being bought or sold, a description of the motor vehicle, or part, including the make, model, color, vehicle identification number and/or serial number if applicable;

 

d.                  The amount of consideration given in a purchase transaction for the regulated salvage property;

 

e.                   The name of the individual acting on behalf of the dealer in making the purchase.

(4) Obtain from the seller on the form on which the above-listed information is recorded a signed statement that the item listed on that form is his or her own personal property, is free of encumbrances, is not stolen, or that he or she is acting for the owner and has permission to sell the item.

(5) Sign a statement on the directors form verifying that the correct vehicle identification number is listed.

 

Sec. 54-111. False information.

It shall be unlawful for any person to knowingly provide false information for any of the records required by this article or to provide false information upon any application for salvage yard permit or application for renewal of a salvage yard permit as required in this article or to knowingly sign as true any statement required herein if the same is not true.

Sec. 54-112. Records maintained.

The records required by sections 54-109 and 54-110 shall be maintained by the salvage yard permit holder for one year and shall be open for inspection to authorized law enforcement, city regulatory personnel, and the director or its designee or for other official use at any time, but shall not be open for general public inspection.

Sec. 54-113. Holding period required.

(a) It shall be unlawful for any salvage yard permit holder or its employees to sell, trade, melt or crush, or in any way dispose of, alter or destroy salvage motor vehicle, or parts thereof until 72 hours, exclusive of weekends and federally designated holidays, after the date of its purchase by such salvage yard permit holder.

(b) Upon notice from any law enforcement agency or any of their agents or employees, that have cause to believe an item has been stolen, a salvage yard permit holder shall hold any of the items listed in subsection 54-113(a) for thirty days, exclusive of weekends and federally designated holidays.

(c) All salvage vehicles and all salvage vehicle parts listed in subsection 54-113(a) shall be available for inspection by law enforcement, city regulatory personnel and/or director or its designee during the required holding period.

Sec. 54-114. Exceptions to holding period.

 

The holding period required by section 54-113 shall not apply to the following:

 

(1) Any transaction made in the normal course of business from a representative from any licensed industry in which the licensed industry is the direct owner of the salvage associated with the transaction.

 

(2) Any transaction made in the normal course of business with a salvage yard dealer located in the city of Kansas City, Missouri who holds a valid salvage yard permit;

 

(3) Any transaction made in the normal course of business with an insurance company legally registered to do business;

 

(4) Any transaction made in the normal course of business with the tow lot located in the city of Kansas City, Missouri and operated by the City of Kansas City, Missouri;

 

(5) Any transaction made in the normal course of business at a public auction conducted by a salvage broker who holds a valid salvage yard permit;

 

(6) Any transaction made in the normal course of business with concern to motor vehicles duly registered, licensed, and purchased from the registered owner thereof who has in his or her possession and who displays at the time of sale a valid permit of ownership issued by the director of Revenue of the State of Missouri, or its successor, or equivalent authority in any other state.

 

Sec. 54-115. Acts of employees.

The holder of a salvage yard permit shall be liable under this article for any and all acts of his or her employees and any violations of any provision of this article during business hours or while on the premises of the salvage yard.

Sec. 54-116. Operation of salvage yard.

Any salvage yard shall be located and operated in accordance with the following requirements:

(1) Every salvage yard must comply with the requirements of Chapter 26, Chapter 80, Chapter 48, and all other applicable City Ordinances.

(2) Every salvage yard must be enclosed with a fence (as defined in section 54-102) along all street frontage or public right-of-way and along any area within 100 feet of land under residential zoning or within 100 feet of any building occupied, in whole or in part, as a dwelling. Such fence shall be of a minimum height of eight feet and shall test plumb and square at all times. Gates in the fence are allowed provided such gates are of sound construction and are maintained in accordance with the requirements for a fence. Further, such gates shall be closed and securely locked at all times except during the business hours and days.

(3) All materials located in or on the land area devoted to the salvage yard, shall be arranged to allow reasonable access to and inspection of the premises by authorized law enforcement, regulatory personnel or director.

 

(4) Pets kept in or upon salvage yard property must be in compliance with City Ordinances, properly licensed and have adequate food and water.

(5) The height of any grass or other vegetation on the property of any salvage yard shall be no more than 10 inches above the ground surface.

(6) No more than two vehicles may be stacked upon each other, however, if racks are used to store salvage and junk inventory, three vehicles may be stacked in the racks.

(7) When a salvage vehicle or a junk vehicle is placed in the salvage yard, it shall be drained of all fluids except when a fluid is needed for the operation of a particular part. These fluids shall either be recycled or disposed of properly and in accordance with federal and state laws and city ordinances. Five gallons of fuel may be kept in vehicles with engines that are operable.

Sec. 54-117. Violations.

 

(a) It shall be unlawful for any person to operate a salvage yard without following all the requirements of this article.

(b) If the owner or occupant of the salvage yard is a corporation on which a violation of this article has been determined to exist, any officer of such corporation or the person in charge of the local office of such corporation shall be guilty of an ordinance violation.

(c) It shall be unlawful for any person or individual to operate a salvage yard without obtaining a salvage yard permit.

(d) It shall be unlawful to violate, fail to, neglect or refuse to comply with any provisions or requirements of this article.

(e) It shall be unlawful for any person to directly or indirectly purchase any property, motor vehicle or motor vehicle part, from any person that the permit holder, his agent or employee knows cannot rightfully or lawfully sell it.

(f) It shall be unlawful for any salvage yard permit holder to fail to notify the director or its designee within ten days of any change of control in ownership or managing officer of the business.

Sec. 54-118. Property owner responsibility.

The owner of any property on which a salvage yard is located but a current salvage yard permit is not maintained shall be responsible for any violation of this article that occurs on his or her property if the violation continues to exist 30 days after the date of the notice mailed to the owner informing him or her of the violation.

Sec. 54-119. Penalty.

(a) Any person convicted of an ordinance violation shall be punished for that violation by a fine of not less than $50.00, but not more than $500.00, or by imprisonment of not more than 180 days, or by both such fine and imprisonment. All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (b) herein.

(b) Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following schedule:

First offense . . . $50.00

Second offense . . . $100.00

Third offense . . . $300.00

Fourth and subsequent offenses . . . $500.00

In determining the applicable minimum fine, an offense shall be considered a second, third or fourth and subsequent offense only if the defendant has previously pleaded or been found guilty of the same violation at any location in the city.

Sec. 54-120. Informal disposition of contested cases.

Nothing contained in this chapter shall preclude the informal disposition of contested cases by stipulation, consent order or default, or by agreed settlement.

_____________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Kathy K. Adams

Assistant City Attorney