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Legislation #: 930366 Introduction Date: 4/8/1993
Type: Ordinance Effective Date: 5/30/1993
Sponsor: COUNCILMEMBERS WEBER, BACCHUS, COFRAN, SWOPE AND HERNANDEZ
Title: Amending Chapter 41, Code of General Ordinances of Kansas City, commonly known as the Tow Vehicle Ordinance, by repealing Sections 41.1 through 41.35, inclusive, and enacting in lieu of Sections 41.1 through 41.15 and 41.20 through 41.35 new sections of like numbers and subject matter and new sections 41.16, 41.18 and 41.19 providing for certification of tow vehicle drivers.

Legislation History
DateMinutesDescription
4/8/1993

Prepare to Introduce

4/8/1993

Referred Plans And Zoning Committee

4/14/1993

Hold On Agenda

4/28/1993

Do Pass as a Committee Substitute

4/29/1993

Assigned Third Read Calendar as Substituted

5/6/1993

Held on Docket

5/20/1993

Amended

5/20/1993

Passed as Substituted and Amended


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 930366, AS AMENDED

 

Amending Chapter 41, Code of General Ordinances of Kansas City, commonly known as the Tow Vehicle Ordinance, by repealing Sections 41.1 through 41.35, inclusive, and enacting in lieu of Sections 41.1 through 41.15 and 41.20 through 41.35 new sections of like numbers and subject matter and new sections 41.16, 41.18 and 41.19 providing for certification of tow vehicle drivers.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 41 of the Code of General Ordinances, entitled "Tow Vehicles", is hereby amended by repealing all of said Chapter 41, Sections 41.1 through 41.35 inclusive, and enacting in lieu thereof new sections of like numbers and subject matter, to read as follows:

 

"ARTICLE I. IN GENERAL

 

Sec. 41.1. Definitions.

 

As used in this chapter, the following words and phrases shall have the meanings set out herein:

 

Director: Director of finance.

 

Disabled vehicle: A vehicle which has been rendered unsafe to be driven as the result of some occurrence, including but not limited to an accident, mechanical failure or breakdown, fire or vandalism, or a vehicle which is in a safe driving condition, but whose owner is not present, able or permitted to drive, so as to reasonably necessitate that the vehicle be removed by a tow vehicle.

 

Person: Any individual, assumed name entity, partnership, joint venture, association, corporation or other legal entity.

 

Tow service business: Any person, firm, association, corporation, partnership or organization engaged in the operation of one (1) or more tow vehicles for a fee or as part of an auto salvage, auto repair or junk business.

 

Tow vehicle: 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 chapter; provided, however, rollback tow vehicles capable of towing two vehicles are not excluded from the definition of tow vehicles.
Sec. 41.2. Effective date and application.

 

The provisions of this Chapter shall become effective ninety (90) days after its passage and shall apply to all tow vehicles which are engaged in or being used for the conduct of tow service business on the street of Kansas City, Missouri.

 

Sec. 41.3. Exceptions.

 

The provisions and prohibitions of this chapter shall not apply to any person who necessarily must act immediately to prevent death, bodily injury or extract a person from an automobile wreckage.

 

Sec. 41.4. Penalty.

 

Any person who is found to have violated any provisions of this chapter, or who neglects or fails to comply with same, shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or by imprisonment of not more than one hundred eighty (180) days or by both such fine and imprisonment.

 

Sec. 41.5. Vehicle labeling.

 

There shall be legibly printed in letters not less than one and one-half (1 1/2) inches high on each side of a tow vehicle the following information:

 

(a) Name and address and business phone number of the permit holder.

 

(b) The phrase "Licensed by the City of Kansas City, Missouri."

 

(c) The phrase "Request schedule of prices before engaging this vehicle."

 

Sec. 41.6. Occupational license required.

 

No person shall operate or allow or cause to be operated for hire a tow vehicle unless an occupational license has been obtained for that tow vehicle from the director of revenue pursuant to section 21.437 of the Code of General Ordinances.

 

Sec. 41.7-41.9. Reserved.

 

ARTICLE II. PERMITS

 

Sec. 41.10. Tow vehicle permits required.

 

It shall be unlawful for any person to operate or allow or cause to be operated any tow vehicle, either for a fee or as part of any auto salvage, auto repair or junk business within the city, unless a permit for such vehicle has been issued by the director. All motor vehicles for which a permit must be obtained shall have that permit affixed and displayed on the lower right- hand corner of the vehicle's front windshield. All tow vehicle permits shall be renewed annually. No tow vehicle permit will be issued to an individual unless that individual has and operates from a bona fide, permanent place of business, including a proper, safe, and secure storage facility. Such storage facility must be open and have an attendant on duty to allow the owners of towed vehicles to retrieve their vehicles between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

 

Prior to the issuance or renewal of a permit, a permit fee of $100 per tow vehicle shall be paid.

 

Sec. 41.11. Permit application.

 

Application for a tow vehicle permit or renewal permit shall be made upon a form furnished by the director. The application for said permit shall contain the following information:

 

(a) Name and address of the applicant and the name and address of the person filing the application for a permit if it is different from the applicant as well as all persons who will operate tow vehicles on behalf of the applicant.

 

(b) The age, date of birth and place of birth and social security number of the applicant or that person filing the application for a permit as well as all persons who will operate tow vehicles on behalf of the applicant.

 

(c) The name under which the towing service business is to be operated, if different from the applicant's; the location and address of the business offices; and the names and addresses of the principal officers, directors, trustees, or managing agents or partners.

 

(d) If the applicant is a corporation, the state of incorporation, the date of incorporation, and the names and addresses of the officers and registered agent.

 

(e) Location and telephone number of all places of business from which each tow vehicle will be operated.

 

(f) The type of tow vehicle to be operated by the applicant or his employees, including the make, model and vehicle identification number; current state license plate number and year; and a description of the hoist and towing equipment.

 

(g) Location and telephone number of any automobile storage areas operated by the applicant and the hours of operation of that storage area, the minimum hours of operation are to be 8:00 a.m. to 5:00 p.m., Monday through Friday.

 

(h) Proof that the applicant and his employees who will drive tow vehicles are certified by the Missouri Department of Transportation, and have obtained a Class E commercial driver's license, or equivalent.

 

(i) Such other information as the director shall deem necessary.

 

(j) Whether the applicant has been convicted of violating any of the provisions of this chapter, or has had a tow vehicle permit suspended or revoked or has operated a tow vehicle for which no permit has been issued.

 

Sec. 41.12. Expiration and renewal of tow vehicle permits.

 

All tow vehicle permits shall expire on June 30 of each year. Tow vehicle permits shall be renewed from year to year upon written application. Such application for renewal shall be made on the same form as the original application and shall show thereon the date upon which the original permit was granted and the number thereof.

 

Permits suspended or revoked pursuant to Section 41.15 shall not be renewed or revoked during the period of such suspensions or revocation.

 

Sec. 41.13. Investigation by director.

 

The director shall cause an investigation to be made to ascertain if the vehicle for which a permit or renewal permit is sought is in such condition that it can be operated in a safe manner. No permit or renewal permit shall be issued unless the vehicle is in good operating condition.

 

Sec. 41.14. Transfer of permit prohibited.

 

No tow vehicle permit shall be transferred from one owner to another nor from the one tow vehicle to another tow vehicle.

 

Sec. 41.15. Suspension or revocation of tow vehicle permit.

 

(a) Whenever it shall be shown or whenever the director has knowledge that the owner or operator of any tow vehicle for which a permit has been issued hereunder has violated any of the pro- visions of this chapter, said permit shall be suspended by the director for a period not to exceed thirty (30) days.

 

(b) Whenever it shall be shown or whenever the director has knowledge that an individual driver or employee of a permittee under this chapter has violated the provisions of this chapter, said driver or employee shall be suspended by the director for a period not to exceed thirty (30) days.

 

(c) Whenever it shall be shown or whenever the director has knowledge that the owner of a permitted tow vehicle does not operate from a bona fide, permanent place of business, said owner shall not be permitted to operate until it has established, to the satisfaction of the director, that said owner does operate from a bona fide, permanent place of business.

 

(d) Whenever it shall be shown or whenever the director has knowledge that the owner or operator of any tow vehicle for which a permit has been issued hereunder has twice violated any of the provisions of this chapter within the period of six (6) months, the director shall revoke said permit for a period not to exceed one (1) year.

 

(e) The permit of any tow vehicle which is operated while said permit has been suspended shall be revoked for a period of one (1) year.

 

(f) Any material misrepresentation in the application for a permit shall result in the revocation of said permit.

 

(g) Prior to the revocation or suspension of any permit granted hereunder, the director shall give a permit holder written notice of the complaint or charge upon which such revocation or suspension may be based and shall affix the date for a public hearing not less than ten (10) days from the date of notice. The permit holder shall have the right to be represented by counsel and to produce witnesses in his behalf. The decision of the director to revoke or suspend a tow vehicle permit may be appealed by the permit holder within thirty (30) days to the circuit court as established in chapter 536 of the Revised Statutes of Missouri.

 

Sec. 41.16. Drivers' certificates.

 

Every person driving a tow vehicle shall have a certificate issued by the director. Each applicant for a driver's certificate shall:

 

(a) Be eighteen years of age or over, an American citizen (or have federal work authorization);

 

(b) Be a person of good moral character and demonstrate an acceptable motor vehicle driving record;

 

(c) Hold a valid Class E commercial driver's license authorizing him or her to operate a tow vehicle;

 

(d) Be of sound physique, have good eyesight and hearing and not subject to epilepsy, vertigo, heart trouble or any other infirmity of mind or boy which might render him unfit to drive and operate a tow vehicle;

 

(e) Be able to read and write the English language.

 

Sec. 41.17. Convictions barring issuance of certificate.

 

No driver's certificate provided for in section 41.16 shall be issued or renewed if the applicant therefor has been convicted of any of the following offenses:

 

(a) Manslaughter or negligent homicide, resulting from the operation of a motor vehicle;

 

(b) Driving a commercial motor vehicle while under the influence of intoxicating liquors or drugs. A conviction under this subsection shall not bar the issuance of a certificate if the conviction occurred more than five years prior to the date of application.

 

(c) Perjury or making a false statement under oath in connection with his or her application for a driver's license or this certificate.

 

(d) Possession by a tow vehicle driver, in his or her tow vehicle, of opened beer, whiskey or wine containers; of drugs or other stimulants not specifically prescribed for him or her by a medical doctor for his or her private use; or of stolen goods or contraband property of any kind within five years from the date the application is made.

 

(e) Whenever it shall be shown or whenever the director has knowledge that an individual driver or employee of a permittee under this chapter has violated the provisions of this chapter, said driver or employee shall be suspended by the director for a period not to exceed thirty (30) days.

 

Conviction of any of the above listed offenses shall also be grounds for revocation of a driver's certificate.

 

Sec. 41.18. Drivers' photographs and fingerprints.

 

(a) Each applicant for the driver's certificate provided for in section 41.16 shall file with his or her application two unmounted unretouched photographs of himself or herself taken within thirty days preceding the filing of his or her application. Photographs shall be of such a size as may be easily attached to his or her certificate. One photograph shall be attached to the certificate and the other retained by the director with the application.

 

(b) After an application has been signed by the applicant and filed with the director, the director shall submit one copy of the application to the board of police commissioners for the city for investigation and report thereon. It shall also be necessary for the applicant to submit his or her fingerprints to the police department.

 

Sec. 41.19. Issuance, form and term of certificate.

 

Upon satisfactory fulfillment of the applicable requirements of this chapter with respect to filing an application for a driver's certificate and payment of a fee of $50.00, there shall be issued to the applicant a certificate which shall be in such form as to contain the photograph and name of the applicant and other information prescribed by the director. A person who defaces, removes or obliterates an official entry made on his or her driver's certificate, shall have such certificate revoked. Driver's certificates shall be valid for one year after issuance and shall be subject to annual renewal thereafter, subject to the procedures and conditions set forth on sections 41.16 through 41.18.

 

 

ARTICLE III. PRICE SCHEDULES

 

Sec. 41.20. Filing of price schedule.

 

(a) Every owner of a tow vehicle shall prepare and file in triplicate with the director a schedule of prices to be charged for the towing and storage of disabled cars, light trucks (10,000 pounds gross vehicle weight or less) and light vans by that tow vehicle. The maximum prices to be charged are set forth in subsection (b) hereof. The maximum prices set forth in subsection (b) shall be reviewed annually by the director. The maximum prices set forth in subsection (b) shall not apply to large trucks or heavy equipment. Nothing in this chapter shall be construed to prohibit a tow vehicle owner from charging less than the maximum prices set forth in subsection (b) below.

 

(b) The maximum prices which can be charged by an owner or operator of a tow vehicle are as follows:

 

(1) Tows of vehicles involved in accidents: $50.00,

plus $2.00 per mile;

 

(2) Tow of vehicles not involved in accidents (i.e.,

stranded, arrest): $40.00, plus $2.00 per mile;

 

(3) Second tows and/or tow outs to alternate

locations: $40.00 plus $2.00 per mile;

 

(4) Additional labor charges other than clean up,

waiting time, or tow preparations: $15.00 for

each additional 1/4 hour;

 

(5) Additional necessary equipment: dollies - $25.00;

flatbed/wheel-lift - $10.00; drive lines - $20.00;

 

(6) Storage inside: $15.00/day;

 

(7) Storage outside: $12.00/day;

 

(8) Special extractions and recoveries not related to

vehicle accidents: $60.00/hour for labor

 

Provided, however, that the charges and fees for one tow and extraction shall not exceed $125.00 for a tow within a 20-mile radius. Additional mileage may be charged beyond 20 miles. The above maximum mileage charges of $2.00 per mile shall not apply when the vehicle owner is a member of a motor club which provides insurance coverage in excess of maximum permitted charge. In such cases the mileage charge permitted under the terms of the motor club coverage shall be the maximum allowable charge permitted under this chapter.

 

The maximum charge of $125.00 per tow shall be adjusted each year based on the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI) for Kansas City, specifically the percent change from one year ago for all items for all urban consumers, as issued for the month of February each year. To compute the CPI adjustment, the following formula shall be used:

 

The CPI maximum tow and extraction fee equals the basic tow and extraction fee ($125.00) multiplied by the percent change from one year ago for all items for all urban consumers in Kansas City; that figure shall be added to the maximum tow and extraction fee; the combined amount to be known as the "adjusted maximum tow and extraction fee."

 

 

An owner or operator of a tow vehicle shall not charge a customer for clean up, waiting time, tow preparations, or any other service not specified above.

 

Sec. 41.21. Presentation of price schedule to customer.

 

(a) Prior to the towing or storage of any vehicle, except as set out in section 40.21(b), the permit holder or his agent shall present the price schedule to the customer on a form established by the director. This form shall contain a printed statement "I have examined the schedule of prices and hereby authorize the towing of my vehicle" and must be signed by the customer or his authorized agent prior to the towing of that customer's vehicle. The form shall be in duplicate, and the permittee or his agent shall provide one (1) copy to the customer and shall retain the original for a period of six (6) months. Upon written demand, it shall be exhibited to the director or his authorized representative.

 

(b) Whenever the owner of a disabled vehicle or his authorized agent is not present at the location of the disabled vehicle at the time tow service is required or provided, the owner or authorized agent shall, if possible, be informed of the schedule of prices. The written copy of the price schedule shall be presented to the owner or his authorized agent at the time the vehicle is returned to that owner or his agent.

 

See. 41.22. Unlawful to charge in excess.

 

It shall be unlawful for any person to charge a fee which exceeds the maximum amount for that service as indicated in subsection 41.20(b).

 

Secs. 41.23-41.29. Reserved.

 

ARTICLE IV. INSURANCE

 

Sec. 41.30. Insurance required.

 

No permit to operate a tow vehicle shall be issued by the director unless a liability and property damage insurance policy has been issued by an insurance company authorized to do business in this state, or a bond of indemnity, acceptable to the di- rector, has been procured for that tow vehicle for which the permit is sought. Such policy shall be evidenced by a certificate of insurance, filed with the director before the permit is issued. An endorsement shall be included in any policy providing ten (10) days' notice to the city in the event of any material change or cancellation of the policy. The amount of recovery on each tow vehicle shall be not less than the following amounts:

 

Damages arising from bodily injury or death of one person in any one accident.............................$250,000.00

 

Damages arising from bodily injury or death of two or more persons in any one accident...................$500,000.00

 

Injury to or destruction of property in any one accident ..............................................$ 50,000.00

 

Coverage of towed vehicle both during towing and storage ..............................................$ 50,000.00

 

ARTICLE V. RESERVED

 

Secs. 41.31-41.34. Reserved.

 

ARTICLE VI. PROHIBITED ACTS

 

Sec. 41.35. Prohibited acts.

 

It shall be unlawful for the owner or operator of a tow vehicle to:

 

(a) Move a motor vehicle involved in an accident or collision being investigated by the police unless such vehicle has been released by an authorized member of the police department.

 

(b) Modify a tow vehicle for which a permit has been issued without notifying the director.

 

The director or his authorized representative shall inspect a tow vehicle which has been modified in order to determine if its permit should be continued, revoked, or if a new permit should be issued."

 

_______________________________________________________

 

Approved as to form and legality:

 

 

 

__________________________________

Assistant City Attorney