FOR ORDINANCE NO. 081186
Amending and adding a new section
to Chapter 70, Code of Ordinances, by repealing Sections 70-1, 70-273, 70-643
and 70-647 and enacting in lieu thereof new sections of like number and
subject matter and adding a new Section 70-274.
WHEREAS, the Council of the City of Kansas City
has determined that it is in the public interest, safety and welfare of the
City of Kansas City to amend Chapter 70 to regulate tow vehicles at any scene
of a fire or accident within the city limits of Kansas City; NOW, THEREFORE,
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 70-1, 70-273, 70-643 and 70-647 and enacting in
lieu thereof new sections of like number and subject matter and adding a new
Section 70-274, to read as follows:
Sec. 70-1. Definitions.
following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
means a collision between a vehicle and another vehicle, railroad train, person
or stationary object, or the overturn or upset of a vehicle which results in
property damage, personal injury or death; or any entry into or emerging from a
moving vehicle by a person which results in personal injury or death to such
means a street or highway intended to provide access to the rear or side of
lots or buildings in urban districts and not intended for the purpose of
through vehicular traffic.
vehicle means any motorized vehicle manufactured and used exclusively
for off-highway use which is 50 inches or less in width, with an unladen dry
weight of 600 pounds or less, traveling on three, four or more low-pressure
tires, with a seat designed to be straddled by the operator and handlebars for
means any motor vehicle constructed, reconstructed, arranged, equipped, used or
meant for use of transporting ill, injured or otherwise incapacitated persons
from one place to another.
emergency vehicle means such fire department vehicles, police
vehicles and ambulances as are publicly owned, and such other publicly or
privately owned vehicles as are designated such by law, or by the board of
police commissioners of the city.
traffic control system means a system consisting of devices with one
or more motor vehicle sensors working in conjunction with traffic control
signals to automatically produce photographs, micrographs, a videotape or other
recorded images of motor vehicles entering an intersection in violation of red
traffic signal indications or otherwise violating traffic control
traffic control system records means photographs, micrographs,
videotape or other recorded images of motor vehicles entering an intersection
in violation of red traffic signal indications or otherwise violating traffic
means every vehicle propelled solely by human power upon which any person may
ride, having two tandem wheels, except such vehicles with a seat height of no
more than 25 inches from the ground when the seat is adjusted to its highest
position, and except scooters and similar devices.
means a street which is under jurisdiction of the board of parks and recreation
means a motor vehicle designed and constructed for the general transportation
of passengers for hire and possessing a manufacturer's rated seating capacity
for a driver and eight or more passengers.
means the territory contiguous to and including a highway when within any 600
feet along such highway there are buildings in use for business or industrial
purposes, including but not limited to hotels, banks or office buildings,
railroad stations and public buildings which occupy at least 300 feet of
frontage on one side or 300 feet collectively on both sides of the
driver's license . See "License."
motor vehicle means any self-propelled or towed vehicle used on
public highways to transport passengers or property when:
(1) The vehicle has a gross vehicle weight rating
or gross combination weight rating of 10,001 or more pounds;
(2) The vehicle is designed to transport more than
15 passengers, including the driver; or
(3) The vehicle is used in the transportation of
hazardous materials in a quantity requiring placarding under regulations issued
by the secretary of transportation under the Hazardous Materials Transportation
Act (49 USC App. 1801-1813).
vehicle means a motor vehicle parked in an area where at least one
side or 50 percent of a street or block is zoned residential, by a person not a
zone , used interchangeably with " work zone
," in this chapter, means any area upon or around any highway as defined
in section 302.010, RSMo, which is visibly marked as an area where
construction, maintenance, or other work is occurring, and includes the lanes
of a highway leading up to the area upon which an activity described herein is
being performed, beginning at the point where appropriate signs directing motor
vehicles to merge from one lane into another lane are posted.
access street or highway means every highway,
street or roadway in respect to which owners or occupants of abutting lands and
other persons have no legal right of access to or from the highway, street or
roadway, except at such points only and in such manner as may be determined by
the public authority having jurisdiction over such highway, street or
(1) That part of a roadway at an intersection
included within the connections of the lateral lines of the sidewalks on
opposite sides of the highway measured from the curbs or, in the absence of
curbs, from the edges of the traversable roadway; and in the absence of a
sidewalk on one side of the roadway, that part of a roadway included within the
extension of the lateral lines of the existing sidewalk at right angles to the
(2) Any portion of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian crossing by lines or other
markings on the surface.
zone means a space adjacent to the curb reserved for the exclusive
use of vehicles during the loading or unloading of passengers or
means any person engaged in the sale or exchange of new, used or reconstructed
motor vehicles or trailers.
means the director of the public works department of this city.
street or highway means a street or highway
divided into two or more roadways by leaving an intervening space or by a
physical barrier or by a clearly indicated dividing section so constructed as
to impede vehicular traffic.
means the operation of two or more vehicles from a point side by side at
accelerating speeds in a competitive attempt to outdistance each other, or the
operation of one or more vehicles over a common selected course, from the same
point to the same point, for the purpose of comparing the relative speeds or
power of acceleration of such vehicle or vehicles within a certain distance or
means every person who drives or is in actual physical control of a
license means any license to operate a motor vehicle issued under the
laws of this state.
means a building or portion thereof designed exclusively for residential
occupancy by one family and provided with sanitation and cooking
vehicle . See "Authorized emergency vehicle."
means any chemical compound or mechanical mixture that is commonly used or
intended for the purpose of producing an explosion and which contains any
oxidizing and combustive units or other ingredients in such proportions, quantities
or packing that an ignition by fire, by friction, by concussion, by percussion
or by detonator of any part of the compound or mixture may cause such a sudden
generation of highly heated gases that the resultant gaseous pressures are
capable of producing destructive effects on contiguous objects or of destroying
life or limb.
means every motor vehicle designed and used primarily as a farm implement, for
drawing plows, mowing machines and other implements of husbandry.
means any liquid which has a flashpoint of 70 degrees Fahrenheit or less, as
determined by a Tagliabue or equivalent closed-cup test device.
combination weight rating (GCWR) means the value specified by the
manufacturer as the maximum loaded weight of a combination (articulated)
vehicle. In the absence of a value specified by the manufacturer, GCWR will be
determined by adding the GVWR of the power unit and the total weight of the
towed unit and any load thereon.
weight rating (GVWR) means the value specified by the manufacturer as
the maximum loaded weight of a single vehicle.
means the weight of a vehicle or vehicle combination without load plus the
weight of any load thereon.
means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes
of vehicular travel.
(1) A trailer or semitrailer which is designed,
constructed and equipped as a dwelling place, living abode or sleeping place,
either permanently or temporarily, and is equipped for use as a conveyance on
streets and highways; or
(2) A trailer or semitrailer whose chassis and
exterior shell is designed and constructed for use as a house trailer, as
defined in subsection (1) of this definition, but which is used instead,
permanently or temporarily, for the advertising, sale, display or promotion of
merchandise or services, or for any other commercial purpose except the
transportation of property for hire or the transportation of property for
distribution by a private carrier.
vehicle means every vehicle designed to be moved solely by human
husbandry means every vehicle designed or adapted and used
exclusively for agricultural operations and only incidentally operated or moved
upon the highways or streets.
(1) The area embraced within the prolongation or
connection of the lateral curb lines or, if none, then the lateral boundary
lines of the roadways of two highways which join one another at, or
approximately at, right angles, or the area within which vehicles traveling
upon different highways or streets joining at any other angle may come in
(2) Where a street or highway includes two
roadways 30 feet or more apart, then every crossing of each roadway of such
divided street or highway by an intersecting street or highway shall be
regarded as a separate intersection. If such intersecting street or highway
also includes two roadways 30 feet or more apart, then every crossing of two
roadways of such street or highway shall be regarded as a separate
(3) The junction of an alley with a street or highway
shall not constitute an intersection.
authority means the director or a person or party authorized by the
director to issue residential parking permits for a residential permit parking
area or street.
means a roadway which is divided into two or more clearly marked lanes for
and license to operate a motor vehicle means any driver's
license or any other license or permit to operate a motor vehicle issued under,
or granted by, the laws of this state, including:
temporary license or instruction permit.
(2) The privilege of any person to drive a motor
vehicle, whether or not such person holds a valid license.
nonresident's operating privilege as defined in this section.
(4) Commercial driver's license (CDL): a license
to operate any commercial motor vehicle issued by the driver's state of
(5) Class A CDL: required to operate any combination
of vehicles with a GCWR of 26,001 or more pounds provided the GVWR of the
vehicles being towed is in excess of 10,000 pounds.
(6) Class B CDL: required to operate any single
vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle
not in excess of 10,000 pounds GVWR.
(7) Class C CDL: required to operate any single
vehicle, or combination of vehicles, that meets neither the definition of Class
A nor that of Class B as contained in this section, but that either is designed
to transport 16 or more passengers including the driver, or is used in the
transportation of materials found to be hazardous for the purposes of the
Hazardous Materials Transportation Act and which require the motor vehicle to
be placarded under the Hazardous Materials Regulations as set out in 49 CFR
part172, subpart F.
(8) Class E license: required to operate any
vehicle for hire not required to have a Class A, B or C CDL.
(9) Class F license: required to operate any
private vehicle which is transporting less than 15 persons and not transporting
hazardous materials requiring placarding.
M license: required for operation of a motorcycle only.
means a person holding a security interest in a vehicle.
means a space reserved for the exclusive use of vehicles during the loading or
unloading of passengers or property.
means a room rented as sleeping and living quarters, but without kitchen
facilities, and with or without an individual bathroom. In a suite of rooms
without kitchen facilities, each room which provides sleeping accommodations
shall be counted as one lodging room for the purpose of this chapter.
means a building, other than a hotel, where a room without meals or cooking
privileges for five or more persons is provided for compensation.
means every tire the surface of which in contact with the highway or street is
wholly or partly of metal or other hard, nonresilient material.
means a motor-driven cycle both with pedals to permit propulsion by human power
and with a motor which produces not to exceed two brake horsepower and which is
not capable of propelling the vehicle at a speed in excess of 30 miles per hour
on level ground. If an internal combustion engine is used, the displacement
shall not exceed 50 cubic centimeters; and the moped shall have a power drive
system that functions directly or automatically without clutching or shifting
by the operator after the drive system is engaged.
means every motor vehicle designed, used or maintained primarily as a mobile
dwelling, office or commercial space.
means every vehicle which is self-propelled, and every vehicle which is
propelled by electric power obtained from overhead trolley wires but not
operated upon rails, except vehicles moved solely by human power.
means every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor.
cycle means every motorcycle, motor scooter or motorized bicycle
having an engine with less than 150 cubic centimeters displacement or with five
brake horsepower or less.
means every person who is not a resident of this state.
operating privilege means the privilege conferred upon a nonresident
by the laws of this state pertaining to the operation by such person of a motor
vehicle, or the use of a vehicle owned by such person, in this state.
standard means whenever certain hours are named in this chapter, they
shall mean standard time or daylight saving time, as may be in current use in
traffic control devices means all signs, signals, markings and
devices not inconsistent with this chapter placed or erected by authority of a
public body or official having jurisdiction, for the purpose of regulating,
warning or guiding traffic.
vehicle means any vehicle designed for or capable of cross-country
travel on or immediately over land, water, ice, snow, marsh, swampland or other
natural terrain without benefit of a road or trail:
without limitation, the following:
drive or low-pressure tire vehicles;
e. Vehicle using an endless belt or tread, or a
combination of tread and low-pressure tires;
trail bikes, minibikes and related vehicles; and
g. Any other means of transportation deriving
power from any other source other than muscle or wind; and
military, fire or law enforcement vehicle;
d. Farm-type tractors and other self-propelled
equipment for harvesting and transporting farm or forest products;
e. Any vehicle being used for farm purposes,
earth-moving or construction while being used for such purposes on the work
f. Self-propelled lawnmowers, or lawn or garden
tractors, or golf carts, while being used exclusively for their designed
g. Any vehicle being used for the purpose of
transporting a handicapped person.
means every person who drives or is in actual physical control of a
service means a temporary prohibition against the operation of a
particular commercial motor vehicle, or the operation of a particular motor
service order means a declaration by the Federal Highway
Administration or any authorized enforcement officer of a federal, state,
commonwealth or Puerto Rico, Canadian, Mexican or any local jurisdiction, that
a driver, or a commercial motor vehicle, or a motor carrier operation, is out
means a person, other than a lienholder, having a property interest in or title
to a vehicle. The term includes a person entitled to the use and possession of
a vehicle subject to a security interest in another person, but excludes a
lessee under a lease not intended as security.
and parking mean the standing of a vehicle, whether occupied
or not, otherwise than temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers.
means every motor vehicle, except motorcycles and motor-driven cycles, designed
for carrying ten passengers or less and used for the transportation of
loading zone means a place reserved for the exclusive use of vehicles
while receiving or discharging passengers.
means any person afoot.
identification card means a document issued by the department of
revenue of the state for the sole purpose of identifying the bearer and not
authorized for use as a driver's license.
means every vehicle without motive power designed to be drawn by another vehicle
and attached to the towing vehicle by means of a reach or pole, or by being
boomed or otherwise secured to the towing vehicle, and ordinarily used for
transporting long or irregularly shaped loads such as poles, pipes or
structural members capable, generally, of sustaining themselves as beams
between the supporting connections.
officer means every officer of the police department or any officer
authorized to direct or regulate traffic or to make arrests for violations of
or driveway means every way or place in private ownership
and used for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons.
means a carrier of persons or property upon cars operated upon stationary
or signal means any sign, signal or device erected by
authority of a public body or official or by a railroad intended to give notice
of the presence of railroad tracks or the approach of a railroad car.
train means a steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails.
means the registration certificate or certificates and registration plates
issued under laws pertaining to the registration of vehicles.
district means the territory contiguous to and including a street or
highway not comprising a business district when the property on such street or
highway for a distance of 300 feet or more is in the main improved with
residences or residences and buildings in use for business.
parking area means a contiguous or nearly contiguous area containing
public streets or parts thereof primarily abutted by residential property or
residential and nonbusiness property such as schools, parks, churches,
hospitals and nursing homes.
parking permit means a permit issued by the city or an issuing
authority which confers certain parking privileges upon the driver of the car
to which it is affixed.
permit parking area or street means a residential
parking area or a street where vehicles with an affixed residential parking
permit may be parked in excess of posted parking.
means the right of one vehicle or pedestrian to proceed in a lawful manner in
preference to another vehicle or pedestrian approaching under such
circumstances of direction, speed and proximity as to give rise to danger of
collision unless one grants precedence to the other.
means that portion of a street or highway improved, designed or ordinarily used
for vehicular travel, exclusive of the sidewalk, berm or shoulder, even though
such sidewalk, berm or shoulder is used by persons riding bicycles or other
human-powered vehicles. If a street or highway includes two or more separate
roadways, the term "roadway" as used in this chapter shall refer to
any such roadway separately but not to all such roadways collectively.
means the area or space officially set apart within a roadway for the exclusive
use of pedestrians and which is protected or is so marked or indicated by
adequate signs as to be plainly visible at all times while set apart as a
means every motor vehicle that complies with the provisions of this chapter and
is used to transport pupils to or from school or in connection with school
activities, but not including buses operated by common carriers in urban
transportation of pupils.
means every vehicle, with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that some part of its weight and that of its load
rests upon or is carried by another vehicle.
means that portion of a street between the curblines, or the lateral lines of a
roadway and the adjacent property lines, intended for use by pedestrians.
tire means every tire of rubber or other resilient material which
does not depend upon compressed air for the support of the load.
and standing mean the halting of a vehicle, whether occupied
or not, otherwise than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers.
required , means complete cessation of movement.
and stopping, when prohibited, mean any halting, even
momentarily, of a vehicle, whether occupied or not, except when necessary to
avoid conflict with other traffic or in compliance with the direction of a
police officer or traffic control sign or signal.
means the entire width between boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of
means a public passenger motor vehicle with a rated passenger-carrying capacity
of five or less, exclusive of the driver, furnished for hire on a call or
demand basis to transport persons, packages or messages where the route
traveled and trip destination are controlled by the passenger and at a charge
or fare based upon time and mileage and recorded and indicated on a
highway or street means every highway or street or
portion thereof on which vehicular traffic is given preferential right-of-way,
and at the entrances to which vehicular traffic from intersecting highways or streets
is required by law to yield the right-of-way to vehicles on such through
highway or street in obedience to a stop sign, yield sign or other official
traffic control device, when such signs or devices are erected as provided in
means any motor vehicle designed or equipped to, or which does in fact
provide for hire, and towing service, including but not limited to towing,
lifting, or extraction of any vehicle, pushing of vehicles, engine starting,
roll back pick up or recovery, and the carrying or transporting of any vehicle.
operator means any person who drives a tow vehicle, operates the equipment
mounted on or contained within a tow vehicle, or assists in the operation of a
tow vehicle or its equipment, including any and all acts and functions incident
to the movement of a tow vehicle from place to place, as well as all acts
involved in the towing of any vehicle by the tow vehicle.
means pedestrians, ridden or herded animals, vehicles and other conveyances,
either singly or together, while using any street or highway for purposes of
control signal means any device, whether manually, electrically or
mechanically operated, by which traffic is alternately directed to stop and
permitted to proceed.
means every vehicle with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor
vehicle and so constructed that no part of its weight rests upon the towing
means every motor vehicle designed, used or maintained primarily for the
transportation of property.
means every motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the
weight of the vehicle and load so drawn.
means every device in, upon or by which any person or property is or may be
transported or drawn upon a street or highway, excepting devices used
exclusively upon stationary rails or tracks.
identification number means the numbers and letters, if any,
designated for the purpose of identifying the vehicle or the unique identifier
assigned to each vehicle by the manufacturer pursuant to regulations.
any words and phrases used in this chapter are not defined in this section but
are defined in the state or federal laws regulating the operation of vehicles,
any such definition in the state or federal law shall be deemed to apply to
such words and phrases used in this chapter, except when the context otherwise
Sec. 70-273. Tow vehicles and accident scene.
(a) No owner of a tow vehicle or
tow vehicle operator shall:
(1) stop, stand or
park a tow vehicle at a location where an accident has occurred to solicit
(a) the owner of a
tow vehicle or tow vehicle operator has been requested by the police officer in
charge at the location where an accident has occurred; or
(b) the owner of a
tow vehicle or tow operator has been requested by one of the operators, owner,
or agent of the vehicles involved in the accident; or
(c) the owner of a
tow vehicle or tow operator has been requested by the dispatcher of the police
officer in charge at the location where an accident has occurred.
(2) remain at a
location where an accident has occurred after being directed to leave by a
(3) fail to provide
any police officer, upon request, at the location where an accident has
occurred with the name and telephone number of the person requesting the tow
truck operator , or the police officers name and serial number requesting the
tow truck operator or the dispatchers name and serial number requesting
the tow truck operator.
(b) Failure by the owner of a tow vehicle or
tow vehicle operator to provide the police officers name and serial number or
the police officers dispatchers name and serial number or the name and
telephone number of the operator of the vehicle involved in the traffic
accident requesting the tow truck operator to be present at the scene of the accident
to any police officer shall be prima facie evidence that the owner of a tow
vehicle or tow vehicle operator had not been requested to stop, stand or park a
tow vehicle at a location where an accident occurred.
(c) Any person operating a tow vehicle in
violation of any part of this section shall be punished by a fine of not less
than $250.00 and not more than $500.00, or by imprisonment of not more than 180
days, or by both such fine and imprisonment.
70-274. Solicitation of Tow Business.
No person shall,
while at the scene of a fire or traffic accident, solicit any person for the
purpose of procuring towing business or authorization or for an agreement for
hire or for a fee to tow, lift, extract, or push any vehicle, nor any engine
starting, nor any roll back pick up or recovery, nor transportation of any
Sec. 70-643. Disposition
of impounded property; prerequisites for release; collection
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 section
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.
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.
vehicle was a recovered stolen vehicle.
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.
Advertisement of sale of impounded property.
The director of
neighborhood and community services shall publish the sale on the Citys web
site 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
as to form and legality:
Assistant City Attorney