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:

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Assistant City Attorney