ORDINANCE NO. 260993
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Sponsor: Mayor Quinton Lucas
Amending Chapter 70, Code of Ordinances, “Traffic and Vehicles,” by repealing and replacing Sections 70-81, 70-82, and 70-641 and amending Chapter 76, Code of Ordinances, “Vehicles for Hire,” by repealing and replacing Section76-287for the purpose of facilitating the removal of unlawful obstructions to the streetcar for the better functioning of public transportation that is vital to the health and welfare of the region.
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WHEREAS, vehicles parked on streetcar rails can halt streetcar operations entirely until the obstruction is removed; and
WHEREAS, public transportation, including the streetcar, is vital to the health, safety, and welfare of the City of Kansas City and the surrounding region, and the prompt removal of unlawful obstructions to the streetcar is necessary for its efficient and reliable operation; and
WHEREAS, Council desires to clarify that the public agencies authorized to request towing services include the Kansas City Streetcar Authority, the Kansas City Area Transportation Authority, the Public Works Department, the Neighborhoods Department, the Parks and Recreation Department, and their successor agencies, so that such agencies may facilitate the removal of unlawful obstructions to the streetcar and other public transportation; 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, “Traffic and Vehicles, is hereby amended by repealing Section 70-81, Authority of director of public works, Section 70-82, Authority, and Section 70-641, Abandonment prohibited; removal; presumption of abandonment, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:
Sec. 70-81. Authority of director of public works.
The director of public works acting through the director's delegates, including agents of the Kansas City Streetcar Authority, Kansas City Area Transportation Authority, Public Works Department, Neighborhoods Department, Parks and Recreation Department, and their successor agencies, is authorized to enforce all ordinances regulating parking and the abandonment of vehicles, articles V and VI of this chapter, within the right-of-way including city-owned parking lots, garages or other properties.
Sec. 70-82. - Authority.
The director of public works acting through the director's delegates, including agents of the Kansas City Streetcar Authority, Kansas City Area Transportation Authority, Public Works Department, Neighborhoods Department, Parks and Recreation Department, and their successor agencies is hereby authorized to direct and supervise a program of vehicle immobilization for the purpose of enforcing the on-street parking rules of the city. The program of vehicle immobilization shall provide for immobilizing any eligible vehicle parked on city property or right-of-way, by placement of an immobilization device in such a manner as to prevent the eligible vehicle's operation. If the eligible vehicle is subject to immediate towing under any other section of this code, the vehicle may be immediately towed or relocated, in lieu of immobilization. As part of the immobilization program, the director of public works may also establish a procedure for a self-release immobilization device, which may be removed by the registered owner, or his or her designee, in compliance with this division. Any police officer may also direct and supervise vehicle immobilization consistent with this Division.
Sec. 70-641. - Abandonment prohibited; removal; presumption of abandonment.
(a) No person shall abandon a motor vehicle or other personal property upon the streets or highways of this city.
(b) No person shall place or abandon a vehicle or other personal property upon any public or private property without the express or implied consent of the owner or person in lawful possession or control of such property.
(c) Any police officer or other authorized official who has reasonable grounds to believe that a vehicle or other personal property has been abandoned may remove the vehicle or other personal property, or cause it to be removed, at the expense of the owner, to the nearest garage or any other place designated by the city, and shall immediately send a written report of such removal to the police department, which report shall include a description of the vehicle or other personal property, the date, time and place of removal, the grounds for removal, and the name of the garage or place where the vehicle is located. Upon receipt of a report as provided in this subsection, the police department shall notify the registered owner of the vehicle, or any lienholder, giving the grounds for removal and the name of the garage or place where the vehicle is located. If the vehicle is not registered in this state, the police department shall make a reasonable effort to notify the registered owner or any lienholder of the removal and the location of the vehicle. The police department shall forward a copy of the notice to the owner or person in charge of the garage or place where the vehicle is located. The police department shall make all reports and inquiries as required by RSMo §§ 304.155 through 304.158.
(d) For purposes of this section, a vehicle or other personal property shall be presumed to be abandoned if it is left unattended on a street or highway for a period in excess of 48 hours, if it is left unattended on an interstate highway or freeway for a period in excess of ten hours, or is left on any public or private property without express or implied consent of the owner or person in lawful possession or control of such property; however, within the meaning of this section and that of section 70-642, a vehicle parked in a commercial parking station, as defined in section 52-4, without timely payment of the parking fee posted thereon pursuant to the provisions of section 52-72, shall be deemed prima facie to be parked thereon without the express or implied consent of the owner, lessee or person in lawful possession, charge or control of such commercial parking station.
(e) No tow fee, fine, or citation may be imposed upon owners of vehicles towed pursuant to this section.
Section 2. That Chapter 76, Code of Ordinances of the City of Kansas City, Missouri, “Vehicles for Hire,” is hereby amended by repealing Section 76-287, Prohibited Acts, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:
Sec. 76-287. Prohibited acts.
It shall be unlawful for the owner or operator of a tow vehicle to:
(1) 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.
(2) Stop at or proceed to the scene of an accident unless called to the scene, requested to stop, or flagged down by the owner or operator of a vehicle involved in an accident or requested to perform the service by a law enforcement officer or officer of a public agency pursuant to that agency’s procedures, including the Kansas City Streetcar Authority, Kansas City Area Transportation Authority, Public Works Department, Neighborhoods Department, Parks and Recreation Department, or their successor agencies.
(3) Move any vehicle from a highway, street or public property without the express authorization of the owner or operator of the vehicle or a law enforcement officer or officer of a public agency pursuant to that agency’s procedures, including the Kansas City Streetcar Authority, Kansas City Area Transportation Authority, Public Works Department, Neighborhoods Department, Parks and Recreation Department, or their successor agencies.
(4) Tow any vehicle from a highway, street or public property to a location not authorized by the owner of the towed vehicle or member of the police department or officer of a public agency pursuant to that agency’s procedures, including the Kansas City Streetcar Authority, Kansas City Area Transportation Authority, Public Works Department, Neighborhoods Department, Parks and Recreation Department, or their successor agencies.
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Approved as to form:
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Andrew Bonkowski
Assistant City Attorney