ORDINANCE NO. 970654
Amending Chapter 70, Code of Ordinances of the City of
Kansas City, Missouri, by repealing Sections 70-643 and 70-644 and enacting in
lieu thereof two new sections of like number and subject matter concerning
towing vehicles.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 70, Code of Ordinances of
the City of Kansas City, Missouri, is hereby amended by repealing Sections
70-643 and 70-644, and enacting in lieu thereof new sections, to read as
follows:
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 Section 304.156.5, RSMo.
(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
sections 70-642(9) and (11) the police department may release the vehicle
without cost to the owner.
Sec. 70-644. Procedure for sale of impounded
property.
On the first day of each month, the police
department, if applicable, and the neighborhood and community services
department shall forward to the department of finance a copy of its office
description and all other pertinent information which may be required by the
department concerning each 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 Section
304.156.1, RSMo. Thereafter, at such intervals as the director of finance may
determine, a public sale shall be had as required in this article; but
immediately before the actual making of any sale the director of finance shall
submit his list to the neighborhood and community services department and to
the police department, if applicable, of properties to be sold for the
elimination of any impounded articles redeemed and returned to their owners but
included within the published advertisement for sale; and immediately after the
sale the department of finance shall report to the neighborhood and community
services department and to the police department, if applicable, a complete
list of all the properties sold, including the sale price, all charges as
provided in this article, and the balance, if any, available to the
owner. ______________________________________________
Approved as to form and
legality:
________________________________
Assistant City Attorney