COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 991529

 

Amending Chapter 70, Code of Ordinances, by repealing Sections 70-642 through 70-648, and enacting in lieu thereof new sections of like number and subject matter dealing with abandoned vehicles.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 70, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 70-642 through 70-648, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 70_642. Vehicles and property subject to impoundment.

 

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

 

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

 

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

 

(3) When a vehicle is parked on the streets in the same place continuously for 48 hours or if it left unattended on an interstate highway or freeway for a period in excess of 10 hours and a summons has been affixed to the vehicle or presented to the owner or operator.

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sec. 70_643. Disposition of impounded property; prerequisites for release; collection of costs.

 

(a) Any vehicle or personal property removed or taken into custody under the provisions of section 70_642 shall be held, except as provided in this division, until the owner or his authorized agent applies for such vehicle or personal property and pays the costs of towing and storing such vehicle or personal property. Before releasing any vehicle on which a traffic ticket has been issued by the police department, the police shall require that a bond be posted for an appearance in court on such violation as well as on any other outstanding warrants. In lieu of a bond being posted, the police may accept the driver's license of a state resident, or they may accept payment of the satisfaction fine, penalties and costs of the offense if court appearance is not mandatory, and transmit such moneys to the traffic violations bureau. If the owner or authorized agent posts a bond for an appearance in court or, in lieu of posting a bond, deposits his license, the police department will prepare a statement of towing and storage charges and will forward it to the court. Upon a plea of guilty or a finding of guilty, after trial, the court shall collect the amount due for towing or storing the vehicle or property. If, after trial, a finding of not guilty is rendered, such towing and storage charges will not be collected. If no ticket was issued the owner and/or lienholder may request a hearing under RSMo 304.156.5. If the owner does not want to reclaim the vehicle, he/she can transfer title to the vehicle to the city or authorized city contractor. No additional storage charges will be assessed after the title is delivered and the vehicle will be sold in the next available sale. Except, if there is a lien against the vehicle, the vehicle must be held until the lienholder, after receiving notification as required by this article, fails to claim the vehicle or provides a written release of the lien against it.

 

(b) Each year, on or before May 1, the city manager, with the advice of the director of neighborhood and community services and the budget officer, shall determine the rate of tow_in and storage charges and shall notify the city council in a written communication of the rates. Calculation of storage charges shall commence immediately after the vehicle or personal property is impounded. No storage charge will be assessed if the vehicle or personal property is released to the owner within the first 24 hours after the property is impounded. The costs and expenses shall be a lien in favor of the city on the motor vehicle or personal property, provided that if at any time the vehicle or personal property is removed under the provisions of section 70_642 the neighborhood and community services department may, under the following guidelines, reduce or waive the cost for the release of the vehicle to the owner:

 

(1) The vehicle was towed under the provisions of section 70-642(9) and a traffic or parking ticket was not issued.

 

(2) The owner or operator is found not-guilty in court for the offense that caused the vehicle to be towed.

 

(3) The vehicle was towed and/or stored as evidence in conjunction with a law enforcement investigation that did not involve the arrest of the owner or operator of the vehicle.

 

(4) The vehicle was a recovered stolen vehicle.

 

(c) The police department may place a hold on a vehicle that is needed for evidence. Placing a vehicle on hold will prevent the release or sale of the vehicle while the hold is in effect. The police chief and director of neighborhood and community services or their designees will establish procedures for placing and removing holds on vehicles.

 

Sec. 70_644. Procedure for sale of impounded property.

 

Unless the police department has a current hold placed on the vehicle, the neighborhood and community services department may sell at public auction any motor vehicle or other personal property which has been impounded under the provisions of this article and held for a period of 30 days, unredeemed by its owner, after notification pursuant to RSMo 304.156.1 or vehicles where the owner has transferred title to the City.

 

Finance shall review and approve procedures utilized for the sale. The towing and storage fees assessed against the vehicle and costs associated with selling the vehicle shall be deducted from the proceeds of the sale. The balance remaining, if any, shall be made available to the owner as provided in section 70-646.

 

Sec. 70_645. Receipt for payment of impoundment charges; records of collections.

 

In accepting payment for removal and storage charges as provided in this article, after proof of ownership and before the sale, the person applying for the motor vehicle shall be given a printed cash register or accounting machine receipt showing the amount paid and the amount waived, if any which amounts shall at the same time automatically be recorded in the cash register or accounting machine. Such machine shall be so adjusted and arranged that daily and other periodical statements may be had therefrom of all such collections. The collections received at the city impound lot each day shall be paid to the city treasurer on or before the close of his office on the following day. The dockets, notices and cash register and statements therefrom, and all other files and papers relating to the items of business provided for in this article, shall at all times be open and shall be audited by the city auditor.

 

Sec. 70_646. Proof of ownership of impounded property; payment of proceeds of sale to owner.

 

Any person claiming to be the owner of any impounded property as provided in this article shall make written application therefore on forms furnished for this purpose, and shall furnish such additional proof as may be required to establish ownership. If he/she shall present proof of ownership of the impounded property prior to the date of actual sale thereof pursuant to the provisions of this article, the property itself shall be delivered to the owner under the conditions provided for in this article; but, if the property has been sold, the owner may present the application and proof of ownership; and, if presented within one year after the sale, then such balance of the proceeds of the sale, after deductions as provided in this article, shall be paid to the owner.

 

Sec. 70_647. Advertisement of sale of impounded property.

 

The director of neighborhood and community services shall publish the sale at least once in a newspaper published in the city at least five days before the sale. Such publication shall briefly describe the nature of the property, state the date, time and place of the sale, and state that the sale shall be made to the highest bidder at public auction.

 

Sec. 70_648. Report to state of sale of impounded motor vehicles.

 

The director of neighborhood and community services shall make a report of the sale of motor vehicles by the city under this article by appropriate affidavit, to the director of revenue of the state, fully identifying each motor vehicle sold and the identity of the purchaser thereof, in such form as may be required by such director of revenue.

 

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Approved as to form and legality:

 

 

 

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Assistant City Attorney