KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 180606 Introduction Date: 8/16/2018
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER
Title: Amending Chapter 54, “Pawnbrokers, Junk Dealers and Secondhand Dealers,” and Chapter 76, “Vehicles for Hire,” to strengthen ordinances regulating salvage yards, secondary metal recyclers and towing operations.

Legislation History
DateMinutesDescription
8/16/2018 Filed by the Clerk's office
8/16/2018 Referred to Neighborhoods and Public Safety Committee
8/22/2018 Hold On Agenda (9/12/2018)
9/12/2018 Hold On Agenda (10/10/2018)
10/10/2018 Hold On Agenda (10/31/2018)
11/28/2018 Hold On Agenda (12/5/2018)
12/5/2018 Hold On Agenda (12/12/2018)
12/12/2018 Do Pass as a Committee Substitute
12/13/2018 Assigned Third Read Calendar as Substituted
12/20/2018 Councilmember Canady (Second by McManus) Move to Amend
12/20/2018 Passed as Substituted and Amended

View Attachments
FileTypeSizeDescription
180606.pdf Authenticated 4888K Authenticated
180606 Fact Sheet.pdf Fact Sheet 38K 180606 Fact Sheet
180606 com ver.pdf Compared Version 718K 180606 Compared Version

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180606, AS AMENDED

 

Amending Chapter 54, “Pawnbrokers, Junk Dealers and Secondhand Dealers,” and Chapter 76, “Vehicles for Hire,” to strengthen ordinances regulating salvage yards, secondary metal recyclers and towing operations.

 

WHEREAS, since 2012, Kansas City has seen a 14% increase in auto theft; and

 

WHEREAS, there is a correlation between auto theft, theft of metal and the towing, salvage yards and secondary metal recycling industries; and

 

WHEREAS, criminals attempt to sell stolen autos and metals to salvage yards and secondary metals recycling facilities, members of both industries have joined together to collaborate with other interested parties including residents, neighborhood associations and law enforcement to eliminate these crimes; and

 

WHEREAS, the health, welfare and safety of citizens is jeopardized by the towing of vehicles by unscrupulous and unregulated tow operators; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Sections 54-102, 54-103, 54-104, 54-105, 54-106, 54-107, 54-108, 54-109, 54-202, 54-203, 54-221, 76-162, 76-281, 76-282, 76-289, 76-290, 76-291, 76-292, 76-293, 76-294, 76-311, 76-312, 76-342, 76-343, 76-344, 76-345, 76-346, 76-347, 76-348, 76-349, 76-350, 76-351, 76-352, 76-353, 76-402, 76-422, 76-426, 70-428 and 70-435 are hereby repealed and new sections of like number and title are hereby enacted; and that new Sections 54-110, 54-111, 54-112, 54-113, 54-114, 54-115, 54-116, 54-117, 54-118, 54-119, 54-120, 54-121, 54-204, 54-205, 54-206, 54-207, 54-208, 54-209, 54-210, 54-211, 54-212, 54-213, 54-214, 54-215, 54-216, 54-217, 54-218, 54-219, 54-220, and 76-311 are hereby enacted, with said revised and new sections to read as follows:

ARTICLE IV.

SALVAGE MOTOR VEHICLES AND SALVAGE

MOTOR VEHICLE PARTS DEALERS

 

Sec. 54-102. Definitions.

 

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

 

Catalytic converter. A device designed for use in a vehicle for purposes of chemically converting harmful exhaust gases, produced by the internal combustion engine, into harmless carbon dioxide and water vapor.

 

Designated agent. The individual designated by the permit holder who is in actual management control and responsibility of the business permitted under this article.

 

Director. Director shall mean the director of neighborhoods and housing services department or their 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.

 

Junk vehicle. A motor vehicle, aircraft, boat, farming implement, industrial equipment, trailer or any other convenience used on the highways and roadways, which has no use or resale value except as scrap.

 

Motor vehicle. A vehicle such as a car, truck or motorcycle that is powered by a motor.

 

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-0.3, R-0.5, R-0.75, R-1.5, R-2.5, R-5, R-6, R-7.5, R-10 and R-80.

 

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 their 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.

 

Seller. The individual presenting themselves in person at the business for the purpose of transacting a sale of property.

 

Vehicle part. Either the front clip consisting of the two front quarter panels, hood, grill and front bumper of an automobile assembled as one unit; or the rear clip consisting of 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.

Verified representative. An employee of the permit holder that has written authorization by the permit holder or permit holder’s designated agent to act on behalf of the permit holder.

 

Sec. 54-103. Salvage yard permit required.

 

A person must obtain a salvage yard permit from the director 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 and must conform to the standards provided in Section 28-51. 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 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, the property lines and ownership information along with any easements, the location of access drives and fire roads within the property and any FEMA-designated special flood hazard areas and floodway areas where present.

 

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

 

(6) The state 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.

 

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

 

(10) The application or renewal shall be 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 designated agent, 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 year and expires as determined by the director.

 

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 yard’s 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 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, the designated agent or any of their 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 salvage yard permit holder, the designated agent or their verified representative must make the premises available for inspections and shall accompany inspectors during inspections.

 

(1) Compliance. 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 the designated agent.

 

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

 

(3) Complaint. Complaint inspections will be performed when violations of this article are reported to the director.

 

(4) Re-inspections. Re-inspections are performed when salvage yards fail routine or complaint inspections and continue to be performed until compliance is reached.

 

Sec. 54-109. Records required.

 

At the time of purchasing any motor vehicle or junk vehicle, including a previously crushed vehicle, the salvage yard permit holder is hereby required to:

 

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

 

(2) Obtain 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.

 

(3) Accurately and legibly record at the time of sale the following information:

 

a. The time, date and place of transaction;

 

b. The seller’s name, address, telephone number, sex, date of birth and the identifying number from the seller’s driver’s 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. A description of the motor vehicle, junk vehicle or part, including the make, model, color and any vehicle identification number and/or serial number;

 

d. For motor vehicles or junk vehicles purchased on a bill of sale pursuant to Section 301.227.9, RSMo, or parts thereof, a photographic record of the identification required by Section 54-109(3)b.

 

e. If the motor vehicle or junk vehicle, purchased on a bill of sale pursuant to Section 301.227.9, RSMo, is delivered to the salvage yard by a person other than an employee or agent of the permit holder, a photographic record of identification of the type required by Section 54-109(3)b for the person delivering the vehicle;

 

f. A photograph of the motor vehicle;

 

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

 

h. The name of the individual acting on behalf of the salvage yard permit holder in making the purchase.

 

(4) For every transaction, by the end of the next business day, submit to the Kansas City Police Department in a manner approved by the chief of police the following information:

 

a. The time, date and place of transaction;

 

b. The seller’s name, address, telephone number, sex, date of birth and the identifying number from the seller’s driver’s 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. A description of the motor vehicle, junk vehicle, or part, including the make, model, color and any vehicle identification number or serial number.

 

(5) The seller must sign the director’s required statement verifying that the seller is the owner, that the item or items being sold are free of encumbrances, that the item or items are not stolen and that the seller has the legal authority to sell the item or items. If the seller is acting on behalf of the owner they must provide the name and address of the owner and submit a signed statement that states the item or items being sold are free of encumbrances, are not stolen and that they, the seller, has permission to sell the items on behalf of the owner.

 

(6) The designated agent for the permit holder or their verified representative must sign a statement that the correct vehicle identification number and photo of the vehicle is listed in the director’s required statement.

 


 

Sec. 54-110. Restrictions on catalytic converters.

 

A salvage yard permit holder shall not purchase, receive or keep any catalytic converters that are detached from a vehicle at the time of purchase unless accompanied by a receipt for the removal of the catalytic converter, or the title of the car that the catalytic converter was removed from, or proof or receipt documenting sale of the automobile from which the catalytic converter was removed to an auto salvage business or scrap metal recycler.

 

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 a salvage yard permit or application for renewal of a salvage yard permit as provided 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 Section 54-109 and 54-110 shall be maintained by the salvage yard permit holder for 36 months and shall be open for inspection to law enforcement personnel, city regulatory personnel and the director for other official use at any time but shall not be open for general public inspection.

 

Sec. 54-113. Holding period required for salvage vehicles purchased on a bill of sale.

 

(a) It shall be unlawful for any salvage yard permit holder, the designated agent or their employees to sell, trade, melt or crush, or in any way dispose of, alter or destroy a motor vehicle or junk vehicle purchased on a bill of sale pursuant to Section 301.227.9, RSMo, 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 salvage motor vehicle, or parts thereof, for 30 days, exclusive of weekends and federally designated holidays.

 

(c) All salvage vehicles, motor vehicles, junk vehicles and all salvage vehicle parts shall be available for inspection by law enforcement, city regulatory personnel and/or director during the required holding period.

 

Sec. 54.114. Holding period required for all salvage vehicles.

 

(a) It shall be unlawful for any salvage yard permit holder, the designated agent or their employees to sell, trade, dispose of, or destroy a motor vehicle or junk vehicle, 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 motor vehicle or junk vehicle, or parts thereof, for 30 days, exclusive of weekends and federally designated holidays. Upon notice from any law enforcement agency or their agents it shall be unlawful for any salvage yard permit holder, their designate agent or their employees to sell, trade, melt or crush, or in any way dispose of, alter or a destroy motor vehicle or junk vehicle, or parts thereof.

 

(c) All salvage vehicles, motor vehicles, junk vehicles and all salvage vehicle parts shall be available for inspection by law enforcement, city regulatory personnel and/or director during the required holding period.

 

Sec. 54-115. Exceptions to holding period.

 

The holding periods required by Sections 54-113 and 54-114 shall not apply to the following:

 

(1) Any transaction made in the normal course of business with a salvage yard or secondary metal recycler that holds a current valid city salvage yard or secondary metal recycler permit, provided that the seller presents a copy of the permit at the time of the transaction;

 

(2) Any transaction made in the normal course of business with a business located outside the city that holds an active National Motor Vehicle Title Information System (“NMVTIS”) Reporting ID and a current license with their state of origin as secondary metal recycler, salvage yard or equivalent, provided that the seller presents a copy of the license and their NMVTIS Reporting ID at the time of the transaction;

 

(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 operated by the city;

 

(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 with the city.


 

Sec. 54-116. Acts of employees.

 

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

 

Sec. 54-117. 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 all other applicable city ordinances.

 

(2) Every salvage yard must be enclosed with a fence 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 ten 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.

 

(8) 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, their agent or employee knows cannot rightfully or lawfully sell it.

 

(9) It shall be unlawful for any salvage yard permit holder to fail to notify the director within ten days of any change of control in ownership or designated agent of the business.

 

Sec. 54-118. Violations.

 

It is a violation of this article for any person, salvage yard permit holder or designated agent of a salvage yard to operate a salvage yard in a manner prohibited by any requirement of this article. Every day that a violation continues shall be considered a separate offense.

 

Sec. 54-119. 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 their property if the violation continues to exist 30 days after the date of the notice mailed to the owner informing them of the violation.

 

Sec. 54-120. Penalty.

 

(a) Any person convicted of an ordinance violation of this article shall be punished for that violation by a fine of not less than $200.00, but not more than $1000.00, 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:

 

No less than a $200.00 fine for the first conviction

 

No less than a $400.00 fine for the second conviction

 

No less than a $500.00 fine for the third and any subsequent conviction

 

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

 


 

Sec. 54-121. Informal disposition.

 

Nothing contained in this chapter shall preclude the informal disposition between the Director and any person by stipulation, consent order or default, or by agreed settlement.

 

ARTICLE V.

SECONDARY METAL RECYCLERS

 

Sec. 54-202. Definitions.

 

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

 

Bales of recycled metal. Regulated metal property processed with professional recycling equipment by compression, shearing or shredding, to a form in which it may be sold by a secondary metal recycler consistent with industry standards.

 

Catalytic converter. A device designed for use in a vehicle for purposes of chemically converting harmful exhaust gases, produced by the internal combustion engine, into harmless carbon dioxide and water vapor.

Designated agent. The individual designated by the permit holder who is in actual management control and responsibility of the business permitted under this article.

 

Director. The director of neighborhoods and housing services department or their designee.

 

Ferrous metal. A metal that contains iron or steel.

 

HVAC component. Any portion of an air conditioner evaporator coil or condenser used in connection with a residential, commercial or industrial building.

 

Junk vehicle. A motor vehicle, aircraft, boat, farming implement, industrial equipment, trailer or any other convenience used on the highways and roadways, which has no use or resale value except as scrap.

 

Motor vehicle. A vehicle such as a car, truck or motorcycle that is powered by a motor.

 

Nonferrous metal. A metal that does not contain iron or steel, including but not limited to, copper, brass, aluminum, platinum, bronze, lead, zinc, nickel and their alloys.

 

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

 

Regulated metal property. Any vehicle, junk vehicle, vehicle part and any item composed in whole or in part of any nonferrous metal, other than aluminum cans, as defined herein, that is purchased or otherwise acquired for the purpose of recycling or storage for later recycling.

 

Secondary metal recycler. Any person who:

 

(1) Is engaged in the business of purchasing, collecting or soliciting regulated metal property for the purpose of recycling; or

 

(2) Operates or maintains a facility where regulated metal property is purchased or kept for shipment, sale, transfer or recycling.

 

Secondary metal recycling permit. A document, approved by the director, issued to a person who has applied for and met the requirements to operate as a secondary metal recycler as defined in this article.

 

Secondary metal recycling yard. Any real property where regulated metal property is purchased or kept for shipment, sale, transfer or recycling.

 

Seller. The individual presenting themselves in person at the business for the purpose of transacting a sale of property.

 

Vehicle part. Either the front clip consisting of the two front quarter panels, hood, grill and front bumper of an automobile assembled as one unit; or the rear clip consisting of 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.

 

Verified representative. An employee of the permit holder that has written authorization by the permit holder or permit holder’s designated agent to act on behalf of the permit holder.

 

Sec. 54-203. Permit required.

 

It shall be unlawful for any person:

 

(1) To operate or maintain a secondary metal recycling yard in the city unless the owner, operator or lessee thereof has applied for and obtained a secondary metal recycling permit from the city; or

 

(2) To operate such business after such permit has expired or has been revoked or suspended by the city.

 

A permit shall be required for each location that a secondary metal recycling yard operates in the city. This permit shall be in addition to any other permit or license required by other local, state or federal government agencies. No permit shall be issued for any business seeking to operate at a location prohibited by any applicable local, state or federal law, statute, ordinance, rule or regulation; provided, however, that a business lawfully in existence on the date of adoption of such prohibition may be issued a permit if allowed by such provisions. Prior to issuance of the secondary metal recycling permit, the director shall request other city departments to inspect the business premises to ensure compliance with other city ordinances.

 

Sec. 54-204. Display of permit.

 

The secondary metal recycling permit issued pursuant to this article must be displayed in a conspicuous place open to public view in the secondary metal recycler’s place of business.

 

Sec. 54-205. Permit form and duration.

 

Each secondary metal recycling permit issued under this article shall state the name of the permit holder, the designated agent, the place of business, the street address where the business is located and the hours and days the secondary metal recycling permit holder is authorized to transact business. The secondary metal recycling permit shall be valid for a period of one year (or the remaining portion of the year for the initial permit) beginning on December 1 through November 30. The permit shall be renewed annually.

 

Sec. 54-206. Application for permit.

 

Application for a secondary metal recycling permit or annual renewal shall be made in writing to the director and shall contain the following information:

 

(1) The full name and place of business of the applicant. If the applicant is a limited liability company, the name of the managing member, if one is designated in the limited liability company documents, shall be provided. If the applicant is a partnership, the full name and place of residence/business of each general partner shall be listed. If the general partner of a 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; The street address and legal description where such business is to occur;

 

(2) The maximum hours of operation and days of the week that the business will be open to the public;

 

(3) The name, telephone number and address of the person designated as the designated agent of the local office operations. The designated agent will be authorized to receive notifications (including notification of violations) that may be issued by the city;

 

(4) The state sales tax number, if required by the state for the applicant to do business at the site that is the subject of the application and federal identification number of the business;

 

(5) Proof that the applicant has received a tax clearance from the finance department shall be attached to the application;

 

(6) Such further information that pertains to the operation of a secondary metal recycling yard as may be required by the director.

 

(7) The owner of the secondary metal recycling yard shall update the application or renewal in writing as changes occur.

 

(8) The application or renewal shall be dated and signed by an individual with authority to sign on behalf of the person requesting the secondary metal recycling permit.

 

(9) If the real estate for the secondary metal recycling yard is not owned by the applicant, the name, address and telephone number of the owner of the real estate. Documentation that establishes the real estate owner authorizes the use of the property as a secondary metal recycling yard shall be attached to the application.

 

Sec. 54-207. Permit renewal.

 

The renewal of the secondary metal recycling permit shall be made in writing and shall include the name of the permit holder and address of the premises. Permits shall expire on November 30 of each year and renewal applications for such permits shall be submitted between October 1 and November 1 of each year. Permits in good standing on the date of their expiration shall be eligible for renewal. In determining whether a renewal application shall be approved or disapproved, the director shall consider the following factors:

 

(1) If a permit holder has not violated the requirements of this article and has maintained the records required under Section 54-211.

 

(2) The frequency of disturbances or other incidents upon or in the immediate vicinity of the permitted premises by persons visiting the premises that have required police presence, response, investigation or other action.

 

(3) Whether the secondary metal recycler has received prior notice of violations of this article which may not justify renewal.

 

(4) Whether crimes or city ordinance violations have been committed upon or in the immediate vicinity of the permitted premises by persons visiting the premises or by the secondary metal recycler or their employees.

 

Sec. 54-208. Suspension, revocation, refusal to issue or renew permit.

 

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

 

(1) The making of any false statement in an application, renewal or hearing for a secondary metal recycling permit.

 

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

 

(3) Violation of any city ordinance, state law or federal law related to regulated metal property, on the premises, by the secondary metal recycling permit holder or any employee of the permit, except where the violations is caused by a force majeure or act of god and is immediately reported to the police department and the director.

 

(4) The occurrence of criminal activity on the premises as described in Section 54-207.

 

(5) Failure to allow access to the permit holder’s premises, during business hours or anytime the business is open to the public, by authorized law enforcement and regulatory personnel.

 

Sec. 54-209. Informal disposition.

 

Nothing contained in this article shall preclude the informal disposition between the Director and any person by stipulation, consent order or default, or by agreed settlement.

 

Sec. 54-210. Inspections.

 

(a) The director, their authorized agents or any member of law enforcement, shall have the right, at any reasonable time, to inspect any area of the permitted premises including all portions of the buildings thereof and the permit holder shall allow inspection of all premises used in connection with the operations carried on under the permit. A secondary metal recycling permit holder or the designated agent or their verified representatives must make the premises available for inspection and shall accompany inspectors during inspections. The following are the different types of inspections that may be made:

 

(1) Routine. The director, or their authorized agents, shall, during normal business hours, conduct periodic routine inspections of the entire secondary metal recycling yard and buildings and property thereof to ensure compliance with this article.

 

(2) Complaint. The director, or their authorized agents, shall, during normal business hours, conduct complaint inspections when violations of this article are reported to the director.

 

(3) Re-inspection. The director, or their authorized agents, shall, during normal business hours, conduct a re-inspection of a secondary metal recycler that fails a routine or complaint inspection until compliance is reached.

 

Sec. 54-211. Records required.

 

(a) A secondary metal recycler shall enter all transactions of all acquisitions of regulated metal property purchased into a third party database which has been approved by the chief of police by the end of the next business day. The secondary metal recycler is hereby required to accurately record the following information regarding the acquisition of any regulated metal property in the database:

 

(1) The time, date and place of transaction;

 

(2) The seller's name, address, photograph, sex, date of birth and the identifying number from the seller's driver's license, military identification card, passport or government issued personal identification card. The identifying number from an official governmental document that includes a photograph for a country other than the United States may be used as an identifying number provided that a legible thumbprint is also obtained;

 

(3) The license number, color and style or make of any motor vehicle that is used in delivering any regulated metal property;

 

(4) Any vehicle identification number or serial number for any motor vehicle, other junk vehicle or vehicle part, including previously crushed vehicles;

 

(5) A full description, made in accordance with the custom of the trade, of the predominant types of acquired regulated metal property, including specification of how many detached catalytic converters, if any;

 

(6) The weight, quantity or volume, made in accordance with the custom of the trade of the acquired regulated metal property;

 

(7) A description of the motor vehicle, junk vehicle or vehicle part, including the make, model, color and a photograph of the motor vehicle;

 

(8) The name of the individual acting on behalf of the secondary metal recycler in acquiring the regulated metal property.

 

(b) Every secondary metal recycler shall maintain a retrievable electronic database and a video or photo time-stamped recording system. The electronic database shall contain a distinct and consecutively numbered record of each and every purchase of ferrous and non-ferrous metals and shall be available for inspection at all times by police or other law enforcement officers during normal business hours. All secondary metal transactions must be recorded on camera where the seller's image is captured along with, and in conjunction with, a photographic image of the vehicle in which the seller delivered the items and the personal identification required by Section 54-211(b)(2)b. The photographic video image of each transaction and the photographic video image of the vehicle must be maintained for a minimum of 30 days. At the time of acquiring any regulated metal property, the secondary metal recycling permit holder is hereby required to:

 

(1) Obtain, for all vehicles, an appropriate vehicle title, junking certificate, bill of sale created by a government entity or any other proof of ownership as accepted by the State of Missouri, or bill of sale issued by a governmentally operated vehicle impound facility if the vehicle purchased has been impounded by such facility or agency.

 

(2) Accurately and legibly record the following information:

 

a. The time, date and place of transaction;

 

b. The seller's name, address, photograph, sex, date of birth and the identifying number from the seller's driver’s license, military identification card, passport or government issued personal identification card. The identifying number from an official governmental document that includes a photograph for a country other than the United States may be used as an identifying number provided that a legible thumbprint is also obtained;

 

c. The license number, color and style or make of any motor vehicle that is used in delivering any regulated metal property;

 

d. Any vehicle identification number or serial number for any motor vehicle, other junk vehicle or vehicle part, including previously crushed vehicles;

 

e. A full description, made in accordance with the custom of the trade, of the predominant types of acquired regulated metal property, including specification of how many detached catalytic converters, if any;

 

f. The weight, quantity or volume, made in accordance with the custom of the trade, of the acquired regulated metal property;

 

g. A description of the motor vehicle, other junk vehicle or vehicle part, including the make, model, color, and a photograph of the motor vehicle;

 

h. The consideration given in a purchase transaction for the regulated metal property;

 

i. The name of the individual acting on behalf of the secondary metal recycler in acquiring the regulated metal property.

 

(3) The seller must sign the director’s required statement verifying that the seller is the owner, that the item or items being sold are free of encumbrances, that the item or items are not stolen and that the seller has the legal authority to sell the item or items. If the seller is acting on behalf of the owner, they must provide the name and address of the owner and submit a signed statement that states the item or items being sold are free of encumbrances, are not stolen and that they, the seller, has permission to sell the item on behalf of the owner.

 

(4) The designated agent or their verified representative must sign a statement that the correct vehicle identification number and photo of the vehicle is listed in the director’s required statement.

 

(5) Make all payments which are $500.00 or more, by issuing a pre-numbered check drawn on a regular bank account in the name of the licensed scrap metal dealer and with such check made payable to the person documented as the seller in accordance with this section or by using a system for automated cash or electronic payment distribution which photographs or videotapes the payment recipient and identifies the payment with a distinct transaction in the register maintained in accordance with this chapter.

 

(c) With the exception of (1), (2) (3) and (4) of subsection (a) and (2)a, (2)b, (2)c, and 2(d) of subsection (b), the provisions of this section shall not apply to purchases from another secondary metal recycler that holds a current valid permit as described in this Chapter, a salvage yard that holds a current valid permit as described in this Chapter or a business located outside the city that holds an active National Motor Vehicle Title Information System (“NMVTIS”) Reporting ID and a current license with their state of origin as secondary metal recycler, salvage yard or equivalent.

 

(d) Not withstanding any other provision to the contrary, (4) of subsection (a) and 2(d) of subsection (b) shall not apply to purchases of crushed motor vehicles or crushed junk vehicles from another secondary metal recycler that holds a current valid permit as described in this Chapter, a salvage yard that holds a current valid permit as described in this Chapter or a business located outside the city that holds an active NMVTIS Reporting ID and a current license with their state of origin as secondary metal recycler, salvage yard or equivalent.

 

(e) For any transaction made according to the exceptions in subsections (c) and/or (d) the seller must provide at the time of the transaction a copy of the applicable permit or a copy of their license and NMVTIS Reporting ID. For all transactions for the purchase of three or fewer motor vehicles or other junk vehicles completed under subsections (c) and/or (d), payment shall be issued to the secondary metal recycler or salvage yard in the name of the business listed on their permit or license, via check mailed to the address on the permit or license or via electronic direct deposit to an account in the name of the business listed on the license or permit. A transaction shall be limited to a single truck load.

 

(f) With the exception of (1), (2) and (3) of subsection (a) and (2)a, (2)b and (2)c of subsection (b), the provisions of this section shall not apply to any transaction for which the regulated metal property is a minor part of a larger item, except for equipment used in the generation and transmission of electrical power or telecommunications.

 

(g) The provisions of this section shall not apply for the acquisition of tin cans or aluminum cans.

 

Sec. 54-212. Restrictions on transactions.

 

(a) A secondary metal recycler will only acquire regulated metal property from a person who brings or delivers it in a lawfully licensed motor vehicle.

 

(b) A secondary metal recycler shall not purchase, receive or keep any of the following items without obtaining proof that the seller is the verifiable owner or is an employee, agent, or person who is authorized, in writing on company letterhead, to sell the item on behalf of the owner:

 

(1) Utility access covers,

 

(2) Street light poles or fixtures,

 

(3) Road or bridge guard rails,

 

(4) Highway or street signs,

 

(5) Water meter covers,

 

(6) Traffic directional and traffic control signs,

 

(7) Traffic light signals,

 

(8) Any metal marked with any form of the name or initials of a governmental entity,

 

(9) Property owned and marked by a telephone, cable, electric, water or other utility provider,

 

(10) Property owned and marked by a railroad,

 

(11) Funeral markers and vases,

 

(12) Historical markers,

 

(13) Bales of regulated metal property,

 

(14) Beer kegs,

 

(15) Real estate signs,

 

(16) Bleachers or risers,

 

(17) Twisted pair copper telecommunications wiring of 25 pair or greater existing in 19, 22, 24 or 26 gauge.

 

(c) A secondary metal recycler shall not purchase, receive or keep any of the following items unless all of the following conditions have been met:

 

(1) Catalytic converters that are detached at the time of purchase unless accompanied by a receipt for the removal of the catalytic converter, or the title of the car that the catalytic converter was removed from, or proof or receipt documenting sale of the automobile from which the catalytic converter was removed to an auto salvage business or scrap metal recycler.

 

(2) HVAC components, other than residential window air conditioning units, unless they are purchased from a licensed business or the seller is a verifiable employee of the licensed business who is authorized, in writing on company letterhead to sell the HVAC components and a completed HVAC component verification form, as supplied by the director, has been submitted by the seller stating that the components were legally removed. The verification form shall include the name, address and phone number of the seller; address from which the HVAC components were removed; and a description of the HVAC components to include brand, size and serial number if applicable. It is an offense for a secondary metal recycler to knowingly accept any portion of an air conditioner evaporator coil or condenser unless the HVAC components are accepted in compliance with all applicable federal environmental laws.

 

(d) After June 30, 2019, a secondary metal recycler shall not purchase, receive or keep insulated metallic utility, communications or electrical wire that has been burned in whole or in part. Before July 1, 2019, secondary metal recycler shall not purchase, receive or keep insulated metallic utility, communications or electrical wire that has been burned in whole or in part, unless the wire is purchased from a corporation properly licensed by the State of Missouri or other state.

 

Sec. 54-213. 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 a secondary metal recycling permit or application for renewal of a secondary metal recycling permit, as provided in this article, or to knowingly sign as true any statement required herein if the same is not true.

 

Sec. 54-214. Records maintained.

 

The records required by Sections 54-211 and 54-212 shall be maintained by the secondary metal recycling permit holder for 36 months and shall be open for inspection to law enforcement personnel, city regulatory personnel and the director for other official use at any time, but shall not be open for general public inspection.

 

Sec. 54-215. Holding period required.

 

(a) It shall be unlawful for any secondary metal recycler, the designated agent or their employees to sell, trade, shred, melt or crush, or in any way dispose of, alter or destroy a motor vehicle, junk motor vehicle, or vehicle parts until 72 hours, exclusive of weekends and federally designated holidays, after the time and date of its purchase.

 

(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 secondary metal recycler shall hold a motor vehicle, junk motor vehicle or vehicle parts for 30 days, exclusive of weekends and federally designated holidays.

 

(c) All motor vehicle, junk motor vehicle or vehicle parts shall be available for inspection by law enforcement personnel, city regulatory personnel or the director during the required holding periods.

 


 

Sec. 54-216. Exceptions to holding period.

 

The holding period required by Section 54-215(a) shall not apply to the following:

 

(1)               Any transaction made in the normal course of business with a secondary metal recycler or salvage yard dealer that holds a current valid city secondary metal recycler or salvage yard permit, provided that the seller presents a copy of the permit at the time of the transaction;

 

(2)               Any transaction made in the normal course of business with a business located outside the city that holds an active NMVTIS Reporting ID and a current license with their state of origin as secondary metal recycler, salvage yard or equivalent, provided that the seller presents a copy of their license and their NMVTIS Reporting ID at the time of the transaction;

 

(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 operated by the city;

 

(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 with the city.

 

Sec. 54-217. Acts of employees.

 

The holder of a secondary metal recycling permit and the designated agent shall be liable under this article for any and all violations by their employees of any provisions of this article during business hours or while on the premises of the secondary metal recycling yard.

 

Sec. 54-218. Operation of secondary metal recycling yard.

 

Every secondary metal recycling yard shall be located and operated in accordance with the following requirements:

 

(1) Every secondary metal recycling yard must comply with the requirements of this chapter and all other applicable city ordinances;

 

(2) All materials located in or on the land area devoted to the secondary metal recycling yard shall be arranged to allow reasonable access to and shall be made available for inspection, and the permit holder, designated agent or their verified representative shall accompany the authorized law enforcement personnel, city regulatory personnel, city officials and the director during inspections.

 

(3) It shall be unlawful for any permit holder to fail to notify the director within ten days of any change of control in ownership or in the designated agent of the business.

 

(4) It shall be unlawful for any permit holder to fail to provide records for inspection upon the request of law enforcement, city regulatory personnel, city officials and the director.

 

Sec. 54-219. Violations.

 

It is a violation of this article for any person, secondary metal recycling permit holder or designated agent of a secondary metal recycling yard to operate a secondary metal recycling yard in a manner prohibited by any requirement of this article. Every day that a violation continues shall be considered a separate offense.

 

Sec. 54.220. Property owner responsibility.

 

The owner of any property on which a secondary metal recycling yard is located but a current secondary metal recycling permit is not maintained shall be responsible for any violation of this article that occurs on their property if the violation continues to exist 30 days after the date of the notice mailed to the owner informing them of the violation.

 

Sec. 54-221. Penalty.

 

(a) Any person convicted of a violation of this article shall be punished for that violation by a fine of not less than $200.00, but not more than $1000.00, or by imprisonment of up to 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:

 

No less than a $200.00 fine for the first conviction

 

No less than a $400.00 fine for the second conviction

 

No less than a $500.00 fine for the third and any subsequent conviction

 

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

 


 

CHAPTER 76. VEHICLES FOR HIRE

 

ARTICLE III.

VEHICLES FOR HIRE CODE

 

DIVISION 5

INSURANCE

 

Sec. 76-162. Amount; conditions.

 

Taxicabs, livery vehicles, pedicabs and sightseeing vehicles.

 

(1)               The vehicle permit holder or applicant for vehicle permits under this article shall maintain liability insurance with liability limits of at least $50,000.00 for injury to, or death of, one person, by reason of the carelessness or negligence of the driver or operator of such vehicle, and $100,000.00 for injury to, or death of, more than one person, resulting from a single accident, by reason of the carelessness or negligence of the driver or operator of such vehicle, and $25,000.00 for damage to property, including baggage or other property of a passenger carried in or on the vehicle, resulting from any single accident, by reason of the carelessness or negligence of the driver or operator of such vehicle, with a deductible, if any, not to exceed $500.00 and $50,000.00 for uninsured motorist coverage for passengers as that coverage is required in RSMo § 379.203. The vehicle permit holder or applicant for vehicle permits under this article shall agree to indemnify the City to the full policy limits, less any paid claims on the policy. All claims shall be referred to the insurance company for handling by an authorized claims representative.

 

(2)               Insurance shall be carried by an insurance company which has been duly licensed or approved to write insurance in the state of Missouri and shall be kept and maintained continually in force and effect so long as the applicant shall be licensed to operate on the streets of the city. The liability insurance required to be maintained under the provisions of this section shall be a policy under which the insurance company obligates itself to handle claims under the coverage thereof and to indemnify the vehicle permit holder and the driver or operator of the vehicle and pay to the claimant all amounts which the insured becomes legally obligated to pay under the policy, in excess of any applicable deductible. A certificate of insurance reflecting all endorsements shall be filed with the director, who shall have the authority to require a true copy of the insurance policy at his discretion.

 

(3)               The liability insurance policy shall contain a separate endorsement requiring the insurance company to notify the director in writing of any change in coverage, or cancellation of the policy, at least ten days prior thereto.

 

(4)               A valid certificate of insurance issued by a company providing the required insurance policy shall be available for inspection by the vehicle permit holder. The certificate shall include all of the following:

 

a. The full name of the insurer;

 

b. The name and address of the insured;

 

c. The insurance policy number;

 

d. The type and limits of coverage;

 

e. The specific vehicles insured;

 

f. The effective dates of the insurance policy; and

 

g. The certificate issue date.

 

ARTICLE III.

TOW VEHICLES

 

DIVISION 1.

GENERALLY

 

Sec. 76-281. Definitions.

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Boot means any wheel immobilization device that is attached to a vehicle that prevents the vehicle from being driven

 

City means the city of Kansas City, Missouri.

 

City tow means all tows ordered through the City dispatch system by the Kansas City, Missouri Police Department, City or any other regulatory agency.

 

Cruising means operating a tow vehicle on a public highway at a slow rate of speed or parked in a parking area near an accident scene for the purpose of soliciting business along said highway or accident scene.

 

Director means the director of neighborhoods and housing services or the director's designee.

 

Department means the neighborhoods and housing services department.

 

Emergent tow means a law enforcement directed movement of any vehicle by a tow vehicle in order to regulate, facilitate and provide for the proper and orderly flow of traffic upon the streets, alleys, road, highways and thoroughfares within the city when there is an emergency situation as defined in Section 76-282.

 

Highway means any highway, road, street or alley open to the use of the public for the purpose of vehicular traffic.

 

Motor vehicle or vehicle means:

 

(1) Any motor vehicle designed primarily for the transportation of no more than ten persons, including the operator, and having a registered gross weight of 7,500 pounds or less; and

 

(2) Any motor vehicle designed primarily for the transportation of property, such as pick-up trucks and panel trucks, and having a registered gross weight of 7,500 pounds or less.

 

Operator's certificate or operator's certificate holder means evidence of authorization to operate tow vehicles in the services authorized under this article.

 

Operating, operation of or to operate a tow vehicle means all acts and functions incident to the movement of a tow vehicle from place to place; as well as all acts involved in the undertaking of a tow, whether for hire or for personal or business use by the owner or individuals under the control of the owner of the tow vehicle; and the conducting of a business engaged in the operation of a tow vehicle.

 

Owner means any person who holds legal title to a vehicle or one who has the legal right to the control and possession thereof.

Person means any individual, assumed name entity, partnership, joint venture, association, corporation or other legal entity.

 

Registration holder or registrant number means the owner of a tow vehicle registered under this chapter.

 

Registration number means a permanent number assigned by the director to a specific tow vehicle.

 

Retrieval fee means the compensation payable for the retrieval of a towed motor vehicle, during the periods of time prescribed in Section 76-422, from a facility owned, operated, leased or used by a tow vehicle service, whether that facility is located within or beyond the city.

 

Storage fee means the compensation payable for the storage of a towed motor vehicle that has been stored at or in a facility owned, operated, leased or used by a tow vehicle service, whether that facility is located within or beyond the city.

 

Tow, tows or towing means the act of removing, by tow vehicle, a motor vehicle from public or privately-owned property. The mere preparation of a motor vehicle for removal by a tow vehicle or the attachment of a motor vehicle to a tow vehicle, or both, does not, for purposes of this chapter, constitute a "tow" or "towing."

 

Tow service business means any person, firm, association, corporation, partnership or organization engaged in the operation of one or more tow vehicles for a fee or as part of an auto salvage, auto repair or junk business.

 

Tow vehicle means any motor vehicle which is designed or equipped to or which does in fact provide any towing service, including but not limited to towing, pushing or car starting, for which a fee is charged or as part of an auto salvage, auto repair or junk business; except that vehicle transports or multicar hauling vehicles shall not be construed to mean tow vehicles for the purpose of this article; provided, however, rollback tow vehicles capable of towing two vehicles are not excluded from the definition of tow vehicles.

 

Tow vehicle operator means any individual who, as an employee of or otherwise for a tow service business, tows motor vehicles.

 

Towing fee means the compensation payable for the towing of a motor vehicle.

 

Vehicle immobilization means the impounding, incapacitating or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle by the use of any device, wheel clamp, object barrel, boot, mechanism or method, either attached to the vehicle or not, by the owner or agent of the property upon which the vehicle is parked, that does not allow the owner of the vehicle or authorized agent to freely move the vehicle from the place where it is immobilized.

 

Vehicle immobilization service means any person, firm, association, corporation, partnership or organization engaged in the operation of vehicle immobilization for a fee.

 

Sec. 76-282. Emergent tow.

 

To promote public safety, the following acts and circumstances shall be deemed an emergency situation which shall require the immediate removal of a vehicle from the streets, alleys, roads, highways and thoroughfares within the city limits:

 

(1) When a vehicle is parked, stopped or standing in violation of any regulation or ordinance of the city government and is obstructing the orderly flow of traffic;

 

(2) When a vehicle is parked, stopped or standing so as to obstruct the orderly flow of traffic;

 

(3) When a vehicle is disabled by an accident and constitutes an obstruction of traffic and its immediate removal or storage for safekeeping is necessary in the interest of public safety and protection of the property.

 

(4) When the owner or operator in control of the vehicle fails to call within ten minutes of being requested by law enforcement to make arrangements to have the vehicle removed or refuses to make arrangements to remove the vehicle or failure of the tow vehicle requested by the owner or operator in control of the vehicle to respond to the scene within 30 minutes.

 

(5) Consensual tows, when the owner or operator in control is able to consent, may be towed to a location of the owner or operator's choosing.

 

Sec. 76-289. Price schedule and authorization for tow.

 

(a) The owners of all tow vehicles operating in the city shall prepare and file with the director a schedule of prices to be charged for the towing and storage of vehicles. Such schedule may be based on the time, mileage, weight or a combination thereof. In addition, the schedule must include the minimum charge for any undertaking involving towing and storage. The director shall forward the schedule to the police department.

 

(b) It shall be unlawful to charge a sum in excess of that listed in the schedule filed with the director.

 

(c) Prior to the undertaking of any tow, the tow vehicle operator shall present the schedule of prices to the customer for their examination.

 

(d) The price schedule for a city tow will be determined by the director. Nothing in this article shall prevent the director from authorizing a contractor to oversee city tows of vehicles within the city.

 

Sec. 76-290. Statement required.

 

(a) Prior to the undertaking of a tow, the tow vehicle operator shall obtain the name and the business, home or cellular telephone number of the person authorizing the tow. Such tow vehicle operator shall supply this information, upon request, to any law enforcement officer or representative of the department.

 

(b) All persons operating a tow vehicle shall keep in their possession a pad of printed statements containing their name and the address of their place of business and immediately after towing a vehicle shall prepare one of said printed statements in duplicate and furnish the original to the owner of the vehicle or to their authorized representative. The statement shall contain the following information:

 

(1) The full name and address of the tow vehicle operator and driver number if applicable;

 

(2) The state license plate number and unit number of the tow vehicle;

 

(3) The state license number and the state vehicle identification number of the vehicle towed;

 

(4) The total amount charged for towing, including the number of miles towed and the storage rate per day or price thereof; and

 

(5) Any other information required by the director.

 

(c) A duplicate of each statement shall be retained by the tow vehicle operator for a period of three years and shall be exhibited by him upon demand by the director or their authorized representative.

 

Sec. 76-291. Insurance required for city tow.

 

No registration number to operate a tow vehicle for a city tow shall be issued until the applicant shall first obtain a policy of insurance from a company authorized to do business in the state or a bond of indemnity, acceptable to the director, with limits for bodily injury liability of at least $1,000,000.00 for each person, $1,000,000.00 for each accident and property damage liability of $1,000,000.00 for each accident, garage keepers legal liability insurance with limits of $150,000.00, on-hook liability policy of $150,000.00, and workers' compensation insurance as required by state law.

 

Sec. 76-292. Miscellaneous.

 

(a) The tow service business, at all times, is responsible for the conduct of their business and the acts and conduct of their employees and subcontractors which is in violation of the provisions of this chapter or the regulations of the director.

 

(b) The tow service business, at all times, is responsible for all tow vehicles and the tow vehicles are maintained in a clean and serviceable condition and in adequate repair.

 

(c) No tow vehicle operator shall engage in cruising.

 

(d) No tow vehicle operator shall invite or permit loitering within or near their tow vehicle.

 

(e) No tow vehicle operator shall seek employment by repeatedly driving their vehicle to and from in a short space on any highway or otherwise interfering with the proper and orderly progress of traffic along a pubic highway.

 

(f) No tow vehicle operator shall report for another operator's tow.

 

(g) No tow vehicle operator shall solicit or attempt to divert prospective patrons of an emergent tow.

 

(h) No tow vehicle operator shall solicit or divert prospective patrons at a given garage in the city to any other garage.

 

(i) No tow vehicle operator shall solicit, demand or receive from any person, any pay or commission or emolument whatsoever except the proper fare for transporting the city or emergent tow in accordance with the schedule of charges as determined by the director.

 

(j) All registration numbers shall promptly report all changes of address to the director.

 

(k) A tow vehicle operator shall not remove a vehicle involved in an accident in which a person has been killed or seriously injured unless such vehicle has been released by a law enforcement officer.

 

Sec. 76-293. Exemptions.

 

The provision of Section 76-290(b) of this chapter shall not be applicable to any person operating a tow vehicle under the terms of a written contract for a specific period of time with any person, firm or corporation to tow, transport, convey or move vehicles owned, controlled or in the custody of such person, firm or corporation to a specific location so designated, for consideration set forth in such contract; provided that the said person has in their possession at all times while towing, transporting, conveying or moving any such vehicle, such contract or an affidavit which shall recite the existence of the said contract, the name, address and phone number of the contracting parties, the term of the contract and the scope of services to be performed. Any person seeking exemption under this provision shall display such contract or affidavit when required to do so by any law enforcement officer.

 

Sec. 76-294. Informal disposition

 

Nothing contained in this chapter shall preclude the informal disposition between the director and any person by stipulation, consent order or default, or by agreed settlement.

 

DIVISION 2.

REGISTRATION NUMBER REQUIRED

 

Sec. 76-311. Registration number required for city tow.

 

It shall be unlawful for any person to report for or make a city tow or emergent tow unless the tow service business that owns the tow vehicle shall first have obtained a registration number for each tow vehicle from the director. Application for a registration number shall be made by the tow service business on a form furnished by the director, and any number issued shall be affixed to the vehicle as mandated by the director.

 

Sec. 76-312. Application for registration number.

 

Any tow service business desiring to operate a tow vehicle for the purpose of performing a city tow or emergent tow within the city shall make written application for a registration number or the renewal thereof to the director, which application shall set forth the following:

 

(1) A full identification of the applicant and all persons interested in the registration number, if granted, including the residence, business and email address of the applicant, and of all members of any firm, association or partnership, and of all principal shareholders, officers, directors and managers of any corporation applying;

 

(2) Whether or not the applicant has been convicted of violating any provision of the code or has ever had a certificate or registration number issued under this article revoked or suspended;

 

(3) Whether or not the applicant has unpaid claims or unsatisfied judgments against him or it for damages resulting from the negligent operation of a vehicle;

 

(4) The past experience, if any, that the applicant has had in rendering such tow service in the city and the period of time that the applicant has rendered such service;

 

(5) Such further information as the director may reasonably require.

 


 

DIVISION 3.

OPERATORS' AND EQUIPMENT REQUIREMENTS AND QUALIFICATIONS

 

Sec. 76-342. Operator's certificate required.

 

It shall be unlawful for any person, other than a tow business owner, to report for and make a city tow or emergent tow unless the operator of the vehicle shall have in their possession an operator's certificate issued under the provisions of this code.

 

Sec. 76-343. Requirements for tow vehicle operators.

 

(a) Any person who is to report for and make a city tow or emergent tow within the city shall:

 

(1) Be 18 years of age or older; and

 

(2) Be a person of good moral character and not convicted within ten years preceding the date of application for an operator’s certificate or for the renewal of an operator’s certificate or be on parole or a fugitive from justice for any federal, state or municipal offense involving auto theft or extortion involving an automobile; and

 

(3) Have a current commercial driver's license issued by the state pursuant to the licensing requirements of Chapter 302 of the Revised Statutes of Missouri or have a comparable commercial driver's license that is current and has been issued by another state.

 

(b) The tow vehicle owner shall provide proof to the director that the persons who will be operating the tow vehicle(s) possess a current commercial driver's license as required under this section.

 

Sec. 76-344. Qualifications of tow vehicle operator.

 

(a) Each applicant for an operator's certificate shall undergo an investigation to determine if a certificate will be issued. An operator’s certificate shall not be issued to any person who:

 

(1) Made intentional misstatements or misleading statements of fact in the application;

(2) Within five years of the date of application had an operator's certificate revoked;

 

(3) Within three years of the date of application has been found guilty of, pleaded guilty to, pleaded nolo contendere to or been convicted of a violation of Sections 70-273, 70-274 and 76-292;

 

(4) Within two years of the date of application had an operator's certificate suspended.

 

Sec. 76-345. Application for operator's certificate.

 

(a) Filing. Every person desiring to report for and make a city or emergent tow within the city shall file with the director a written application for an operator's certificate.

 

(b) Application form. The application for an operator's certificate shall be made upon a printed form to be provided by the director and shall request not less than the information specified in Section 76-343 and Section 76-344 and such other information as may be deemed proper by the director.

 

Sec. 76-346. Criminal background investigation.

 

After a complete and fully executed application for an operator's certificate has been filed with the director, the director shall cause the application to be investigated. The criminal background investigation shall include a review of all criminal records available including federal, all states and the records of all counties in the State of Missouri. The criminal background investigation shall also include an investigation of the applicant’s background of everything listed under Sections 76-343 and 76-344 of this division.

 

Sec. 76-347. Fee.

 

The operator's certificate shall not be issued or renewed until the fee for such certificate shall have been paid. A non-refundable fee will be assessed to the applicant to defray the cost of the background investigation and the application process.

 

Sec. 76-348. Granting or denial; appeals.

 

(a) After completing the investigation, the director shall determine whether an operator's certificate shall be granted to the applicant. Such certificate shall bear the genuine signature of the applicant.

 

(b) The director's grant or denial of an application for an operator's certificate or the renewal thereof shall be based on information provided in the application as well as any report submitted by an investigator, law enforcement or from the results of the background investigation. In addition to the qualifications set forth in Section 76-343 and Section 76-344 the director shall consider any cause that may exist for suspension or revocation under Section 76-402 in the determination of the renewal of an operator's certificate. Within ten days after issuance of notice by the director to deny such application, the applicant may submit a written request for a hearing, which shall be held in accordance with Section 76-403. Appeal of the director's decision following a hearing shall be affected pursuant to Section 76-316.

 

Sec. 76-349. Expiration.

 

All operators' certificates shall be valid for three years from the date of issuance.

 

Sec. 76-350. Renewal.

 

An operator's certificate may be renewed by the director upon a written application on a form provided by the director.

 

Sec. 76-351. Certificate.

 

An appropriate certificate shall be furnished to each tow vehicle operator by the director, showing their certificate number and the year for which the certificate is issued. Every tow vehicle operator, while on duty as such, shall have the certificate in their possession at all times and present it upon request.

 

Sec. 76-352. Submitting false information.

 

Any false statement or misrepresentation of a material fact, made by an applicant for the purpose of securing an operator's certificate, or any renewal thereof, shall be deemed good and sufficient cause for refusal to grant, or, if granted, for revocation of a certificate.

 

Sec. 76-353. Compliance with applicable laws.

 

Every holder of an operator's certificate issued under this code shall comply with all city, state and federal laws. Failure to do so will justify suspension or revocation of the certificate by the director.

 

Secs. 76-354 - 76-401. Reserved.

 

DIVISION 4.

SUSPENSION AND REVOCATION OF REGISTRATION NUMBER

AND OPERATOR CERTIFICATE

 

Sec. 76-402. Generally.

 

(a) Suspension. If the director holds a hearing in accordance with Section 76-403 and finds that:

 

(1) A holder of a registration number or an operator's certificate issued under this article has violated any provision of this code or any regulation properly issued by the director;

 

(2) A registrant under this article has employed or permitted an agent or employee to hire or employ or contract with, as a tow vehicle operator, any person not holding a valid operators' certificate issued under the provisions of this code, and has permitted such person to report for or make a city tow within the city;

 

(3) Someone other than the holder has made use of a registration number or certificate that has been granted pursuant to the provisions of this code;

 

(4) The holder of a registration number or an operator's certificate issued under this article has knowingly charged, for services provided in accordance with this tow vehicles code, a fare or charge in excess of that authorized; then the director may suspend the certificate or registration number issued under this article for a period not to exceed 90 days.

 

(5) Revocation.

 

a. The director may revoke any registration number or certificate if it is found, following a hearing held in accordance with Section 76-403, that:

 

i. A registrant or the holder of an operator's certificate issued under this article has committed three or more acts constituting grounds for suspension in accordance with subsections (a)(1) through (4) of this section within a 12- month period or has operated or allowed another to operate under their suspended registration number or certificate;

 

ii. An operator's certificate or one or more registration numbers issued there under were obtained by misrepresentation or fraud, including knowingly providing false information concerning matters covered in Section 76-312 on the application therefor; or

 

iii. The holder of an operator's certificate issued under this article has been convicted of committing a felony or any crime against a citizen involving a vehicle operated pursuant to this code or any crime involving moral turpitude.

 

b. Following a hearing held in accordance with Section 76-403, the director may revoke any registration number under which a number holder has discontinued their operations unless such registrant has surrendered the registration number within ten days after such discontinuance.

 

(6) Issuance of new registration number after suspension or revocation. No new registration number will be issued to a registrant while any of their registration numbers are under suspension. No new registration number may be issued to a registrant for a 12-month period following revocation of one or more of their registration numbers.

 

DIVISION 5.

NONCONSENT TOW AND BOOTING

 

Sec. 76-421. Applicability.

 

This division applies:

 

(1) To the towing, by a tow service business, of motor vehicles from privately-owned property within the city without the consent of the vehicle owner or duly authorized driver or a law enforcement officer being present;

 

(i) for purposes of this subsection, a duly authorized driver has permission or written authorization from the vehicle owner.

 

(2) To the fees that are charged for such towing of vehicles; and

 

(3) To the fees that are charged for the storage and retrieval of such towed vehicles.

 

The division does not apply to the towing of motor vehicles from public streets and other locations within the city that is performed pursuant to an ordinance or contract with the city, or to the storage of such vehicles.

 

Sec. 76-422. Towing and storage fees and regulations.

 

(a) The maximum fees that may be charged for the towing of motor vehicles and for the storage and, when specifically authorized by this section, the retrieval of such towed vehicles shall be established by the director annually and shall be comparable to the city tow and storage fees. The director may adjust the fees based upon the Consumer Price Index for all Urban Consumer (CPI-U).

 

(b) It shall be unlawful for any person to charge a towing fee, storage fee or retrieval fee that exceeds the fees established by subsection (a).

 

(c) If the owner of a motor vehicle is present and capable of removing the vehicle before it is removed by a tow vehicle operator, the vehicle shall not be towed; provided, that in such an event, the owner of the vehicle shall be liable for a reasonable fee, not to exceed one-half of the regular towing fee, in lieu of towing, payable to the tow vehicle operator. This fee shall only apply if the tow vehicle is attached to the offending vehicle and the offending vehicle has been lifted so at least two of the tires are off the ground and still on the premises.

 

(d) Except for the removal of motor vehicles authorized by a law enforcement agency, a towing company shall not remove or commence the removal of motor vehicles from private property without first obtaining written authorization from the property owner or lessee in lawful possession or the property manager or security manager of the real property, who must be present at the time of removal or commencement of the removal. A property manager or security manager must be a full-time employee of the business entity. All written authorizations shall be maintained for at least three years by the towing company. General authorization to remove or commence removal of motor vehicles at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of motor vehicles unlawfully parked within 15 feet of a fire hydrant or in a fire lane designated by a fire department or the state fire marshal as required by Section 304.158, RSMo.

 

Sec. 76-426. Receipt.

 

Upon payment of all towing, storage and, if applicable, retrieval fees, the tow service business or storage facility operator, as the case may be, shall immediately give the vehicle owner or custodian a written receipt that contains the following information:

 

(1) The name and address of the tow service business;

 

(2) The address from which the vehicle was towed;

 

(3) The date and time that the vehicle was towed;

 

(4) The date and time that the vehicle entered the facility at which it was placed for storage;

 

(5) An itemized list of all the fees that are being charged;

 

(6) A signature of an authorized representative or property owner who requested the tow; and

 

(7) A statement on the receipt that reads as follows: Please refer to Sections 76-425 and 76-426 of the Code of Ordinances of the City of Kansas City, Missouri for more information on payment options and receipt requirements regarding vehicle tows.

 

The receipt must be signed by the vehicle owner or custodian on the date that payment is made and a copy of the signed receipt must be given to the vehicle owner or custodian on the day the receipt is signed.

 

Sec. 76-427. Tow Service business requirements.

 

A tow service business operating a tow vehicle pursuant to the authority granted in this chapter shall:

 

(1) Have and occupy a verifiable business address; and

 

(2) Have a fenced, secure, and lighted storage lot or an enclosed, secure building for the storage of motor vehicles; and

 

(3) Be available 24 hours a day, seven days a week. Availability shall mean that an employee of the towing company or an answering service answered by a person is able to respond to a tow request; and

 

(4) Maintain a valid insurance policy issued by an insurer authorized to do business in this state, or a bond or other acceptable surety providing coverage for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of at least $750,000.00 per incident; and

 

(5) Provide workers' compensation insurance for all employees of the towing company if required by RSMo ch. 287; and

 

(6) Maintain current motor vehicle registrations on all tow vehicles currently operated within the tow service business fleet.

 

(7) Maintain the business name, address and phone number on all tow vehicles operated within the tow service business fleet.

 

Sec. 76-428. Towing log or similar record.

 

Every tow service business shall maintain a separate log or other document which shall show, for each motor vehicle that it has towed from a location within the city, the following information:

 

(1)               The date and time that the vehicle was towed;

 

(2) The tow vehicle operator’s first and last name;

 

(3) The name and the business, cellular or home phone telephone number of the person who ordered the tow:

 

(4) The date and time that the vehicle entered the facility at which it was placed for storage;

 

(5) The make, model, year, vehicle identification number and license plate number of the vehicle;

 

(6) The address of the property from which the vehicle was removed;

 

(7) The total mileage of the tow; and

 

(8) The towing, retrieval and storage fees actually charged.

 

Such log or record shall be maintained for a period of at least three years from the date of each tow and shall be made available, during normal business hours, for inspection by the city. In addition, the portion of such log or record pertaining to a particular motor vehicle shall be made available, during normal business hours, for inspection by the owner of the vehicle.

 

Sec. 76-429. Warning signs.

 

It shall be unlawful for any tow service business or tow vehicle operator to tow a motor vehicle unless the area in which the vehicle is parked has been posted by a sign, in plain view, at each entrance and exit that has been permanently installed for a minimum of 24 hours prior to any vehicle being removed. The legible sign shall be a minimum of 17 inches by 22 inches in size with lettering not less than one inch in height and posted so that the bottom of the sign is at least 36 inches, but no more than 72 inches off the ground and shall include:

 

(1) A pictorial symbol of a tow vehicle;

 

(2) A statement to the effect that any trespassing motor vehicle within the area is subject to towing and storage at the expense of the vehicle owner;

 

(3) If applicable, the hours and days of the week when trespassing vehicles are subject to towing;

 

(4) A telephone number, other than that of the police department, that may be called and answered 24 hours a day for information regarding the retrieval of a towed vehicle; and

 

(5) The maximum fee that will be charged for a towing fee, storage fee, retrieval fee and in lieu of towing fee.

 

Provided, that the requirements of this section shall not apply to areas providing parking for single-family, two-family and townhouse dwellings, as such dwellings are defined in the city zoning ordinance.

 


 

Sec. 76-430. Immobilizing vehicles on a private lot.

 

No one shall engage in vehicle immobilization within the city limits without complying with the provisions of this division. However, this division does not apply to any company that is acting on behalf of a governmental agency.

 

Sec. 76-431. Immobilizing vehicles on private parking lots; signs required.

 

(a) No one shall immobilize a vehicle, of any size or weight, parked in a private parking lot unless there is a sign conspicuously posted and clearly visible at each vehicle entrance and exit to the property that has been permanently installed for a minimum of 24 hours prior to any vehicle being immobilized. The legible sign shall be a minimum of 17 inches by 22 inches in size with lettering not less than one inch in height and posted so that the bottom of the sign is at least 36 inches, but no more than 72 inches off the ground.

 

(b) Each sign must provide, at minimum, the following information:

 

(1) In one-inch lettering:

 

a. Property is a private lot;

 

b. Vehicles not authorized to park will be immobilized at owner's expense.

 

c. Name and telephone number of person or company authorized to remove vehicle immobilization device. Vehicle immobilization device may be removed at any time, day or night, upon payment not to exceed $75.00.

 

Sec. 76-432. Notice of vehicle immobilization device; conditions.

 

(a) Notice. Immediately upon attaching a vehicle immobilization to the vehicle, the vehicle immobilization service shall affix a written notice to the driver's side window containing the following:

 

(1) A warning that any attempt to move the vehicle may result in damage to the vehicle;

 

(2) The name and telephone number of the licensee responsible for removing the device;

 

(3) The maximum fee, as established by ordinance, required to remove the vehicle immobilization device;

 

(4) The time and reason the vehicle was immobilized;

 

(5) Any complaints regarding excessive charges should be reported to the police department.

 

(b) Other conditions. Each vehicle immobilization service or employee or agent of the vehicle immobilization service shall observe the following:

 

(1) All vehicle immobilization devices used within the city shall be in safe and proper working condition.

 

(2) Signs identifying the name and phone number shall be affixed to both sides of any vehicle used by a vehicle immobilization service or its agent to perform vehicle immobilization services.

 

(3) All vehicle immobilization services shall have 24 hour service and access. All vehicle immobilization services shall respond to all calls for release of a vehicle within one hour of a request for response.

 

(4) Charges for damages to vehicle immobilization equipment shall not be governed by this division and shall not prevent the vehicle's release if the removal fee is paid, which is specified in Section 76-433.

 

Sec. 76-433. Fee charged for removing vehicle immobilization device.

 

(a) The fee for any and all charges to remove a vehicle immobilization device shall not exceed $75.00. The vehicle immobilization service shall accept Visa, Discover, or Master Card in addition to cash. There shall be no additional fee charged for the use of credit cards. The licensee shall provide a receipt upon request of the individual making payment for the removal of the immobilization device, once payment is made.

 

(b) It is unlawful for any person or entity, unless it is acting on behalf of a governmental agency, to place an immobilization device on a motor vehicle parked on the public right-of-way.

 

Sec. 76-434. Emergency vehicles.

 

Emergency vehicles used in police, fire or medical emergencies shall not be immobilized for any reason. Upon proof that an unmarked vehicle is used for the same purpose, the vehicle immobilization device shall be removed immediately at no charge.

 

76-435. Penalties.

 

(a) Any person violating a provision of this division shall, upon conviction, be punished by a fine not to exceed $250.00 for each violation; provided, that if, in any 12- month period, a person is convicted of having violated one or more provisions of this chapter in conjunction with the towing or vehicle immobilization of more than one motor vehicle, the punishment for each violation in conjunction with the second and any subsequent tow or booting violations in the 12-month period shall be a fine not to exceed $1,000.00 or by imprisonment of not more than 180 days, or by both such fine and imprisonment.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Martha Means

Assistant City Attorney