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Legislation #: 090255 Introduction Date: 4/2/2009
Type: Ordinance Effective Date: 5/10/2009
Sponsor: None
Title: Amending Section 70-179, Code of Ordinances, by repealing Section 70-179, Responsibility of registered owner for violations, and enacting a new section regarding the responsibility of registered owners of vehicles for violations.

Legislation History
DateMinutesDescription
3/30/2009 Filed by the Clerk's office
4/2/2009 Referred to Public Safety and Neighborhoods Committee
4/8/2009 Hold On Agenda (4/15/2009)
4/15/2009 Hold On Agenda (4/22/2009)
4/22/2009 Do Pass
4/23/2009 Assigned to Third Read Calendar
4/30/2009 Passed

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ORDINANCE NO. 090255

 

Amending Section 70-179, Code of Ordinances, by repealing Section 70-179, Responsibility of registered owner for violations, and enacting a new section regarding the responsibility of registered owners of vehicles for violations.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Section 70-179, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 70-179, and enacting in its place a new section, to read as follows:

 

Sec. 70-179.  Responsibility of registered owner for violations.

 

(a)   Except as provided in subsection (b) of this section, if any vehicle is found in violation of any provision of this chapter and the driver thereof is not present, the owner or person in whose name such vehicle is registered in the records of any city, county or state shall be responsible for such violation when such vehicle was being used with permission. Proof of the ownership as provided in this subsection shall be prima facie evidence that the vehicle with absent driver was being operated with permission of the owner.

 

(b)   No liability shall be imposed on the owner-lessor of a motor vehicle when the vehicle is being permissively used by a lessee and is illegally parked or operated if the registered owner-lessor of such vehicle furnishes the name, address and operator's license number of the person renting or leasing the vehicle at the time the violation occurred to the city prosecutor within three working days from the time of receipt of written request for such information. Any registered owner-lessor who fails or refuses to provide such information within the period required by this subsection shall be liable for the imposition of any fine established by municipal ordinance for the violation. However, if a leased motor vehicle is illegally parked due to a defect in such vehicle, which renders it inoperable, not caused by the fault or neglect of the lessee, then the lessor shall be liable on any violation for illegal parking of such vehicle.

 

________________________________________________

 

Approved as to form and legality:

 

 

______________________________
Heather A. Brown

Assistant City Attorney