[1]
Editor's Note: Former §§ 630.320
through 630.390, which derived from CC 1968 §§ 11-81
— 11-88 and Ord. No. 2166 § 1, 1-20-1992, were repealed
4-5-2010 by Ord. No. 4294 § 1.
[R.O. 1996 § 630.320; Ord. No. 4294 § 1, 4-5-2010]
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Article III, except where the context clearly indicates a different meaning:
Any unattended motor vehicle, trailer, all-terrain vehicle,
outboard motor or vessel removed or subject to removal from public
or private property, whether or not operational.
Physical presence within five hundred (500) feet of any vehicle
or person involved in the accident.
Any wheel immobilization device that is attached to a vehicle
that prevents the vehicle from being driven.
The Chief of Police of the Blue Springs Police Department
or any person designated by said Chief.
The owner or driver of the motor vehicle to be towed or the
person, other than a Law Enforcement Officer, authorizing the towing
of the motor vehicle.
Any motor vehicle designed primarily
for the transportation of no more than ten (10) persons, including
the driver, and having a registered gross weight of seven thousand
five hundred (7,500) pounds or less; and
Any motor vehicle designed primarily
for the transportation of property, such as pick-up trucks and panel
trucks, and having a registered gross weight of seven thousand five
hundred (7,500) pounds or less.
Any individual, assumed name entity, partnership, joint venture,
association, corporation or other legal entity.
The compensation payable for the retrieval of a towed motor vehicle, during the periods of time prescribed in Section 630.360, from a facility owned, operated, leased or used by a tow truck service, whether that facility is located within or beyond the City of Blue Springs.
The compensation payable for the storage of a towed motor
vehicle that has been stored at or in a facility owned, operated,
leased or used by a tow truck service, whether that facility is located
within or beyond the City of Blue Springs.
The act of removing, by tow truck, a motor vehicle from privately-owned or publicly-owned property within the City of Blue Springs where it is parked. The mere preparation of a motor vehicle for removal by a tow truck or the attachment of a motor vehicle to a tow truck, or both, does not, for purposes of this Article III, constitute a "tow" or "towing."
Any person, firm, association, corporation, partnership or
organization engaged in the operation of one (1) or more tow vehicles
for a fee or as part of an auto salvage, auto repair or junk business.
Any motor vehicle which is designed or equipped to or which
does in fact provide any towing service, including, but not limited
to, towing, carrying, pushing or car starting, for which a fee is
charged or as part of an auto salvage, auto repair or junk business;
except that vehicle transports or multi-car hauling vehicles shall
not be construed to mean tow vehicles for the purpose of this Article;
provided, however, rollback tow vehicles capable of towing two (2)
vehicles are not excluded from the definition of tow vehicles.
Any individual who, as an employee of or otherwise for a
tow service business, tows motor vehicles.
The compensation payable for the towing of a motor vehicle.
The impounding, incapacitating or immobilizing of any vehicle,
whether motorized or not, without the permission of the owner or agent
of the owner of the vehicle by the use of any device, wheel clamp,
object barrel, boot, mechanism or method, either attached to the vehicle
or not, by the owner or agent of the property upon which the vehicle
is parked, that does not allow the owner of the vehicle or authorized
agent to freely move the vehicle from the place where it is immobilized.
Any person, firm, association, corporation, partnership or
organization engaged in the operation of vehicle immobilization for
a fee.
[R.O. 1996 § 630.330; Ord. No. 4294 § 1, 4-5-2010]
A.
The owners of all tow vehicles operating
in the City shall prepare and file in triplicate with the Chief of
Police a schedule of prices to be charged for the towing and storage
of vehicles. Such schedule may be based on time, mileage, weight,
or a combination of both. In addition the schedule must include the
minimum charge for any undertaking involving towing and storage. One
(1) copy of said schedule shall be retained by the Chief of Police,
one (1) copy shall be returned to the tow truck owner and one (1)
copy shall be forwarded to the Blue Springs Police Department. Whenever
any change is to be made in a schedule of prices, a new schedule reflecting
those changes shall be filed with the Chief of Police in the manner
described above. Price schedules from all Blue Springs tow services
shall be filed with the Chief of Police by the effective date of this
Article and annually thereafter on the first of July. All new tow
service businesses shall file a price schedule with the Chief of Police
at the same time the new tow service business applies for an occupational
license, if one is required, or whenever said business commences towing
within the City, whichever first occurs.
B.
It shall be unlawful to charge a sum in
excess of that authorized by the schedule filed with the Chief of
Police.
C.
Prior to the undertaking of any tow, the
tow vehicle operator shall present the schedule of prices to the customer
for their examination.
[R.O. 1996 § 630.340; Ord. No. 4294 § 1, 4-5-2010]
A.
All persons operating a tow vehicle shall
keep in their possession a pad of printed statements containing their
name and the address of their place of business, and after towing
a vehicle shall prepare one (1) of said printed statements in duplicate
and furnish the original to the owner of the vehicle or to their authorized
representative, if possible.
1.
The statement shall contain the following information:
a.
The full name and address of the
tow vehicle operator and driver number if applicable;
b.
The State license plate number and
unit number of the tow vehicle;
c.
The State license number and the
State vehicle identification number of the vehicle towed;
d.
The total amount charged for towing,
including the number of miles towed and the storage rate per day or
price thereof; and
e.
Any other information required by
the Chief of Police.
2.
A duplicate of each statement shall
be retained by the tow vehicle operator for a period of three (3)
years and shall be exhibited by them upon demand by the Chief of Police
or their authorized representative.
B.
The provision of Section 630.340(A) of this Chapter shall not be applicable to any person operating a tow vehicle under the terms of a written contract for a specific period of time with any person, firm or corporation to tow, transport, convey or move vehicles owned, controlled or in the custody of such person, firm or corporation to a specific location so designated, for consideration set forth in such contract; provided that the said person operating a tow vehicle has in their possession at all times while towing, transporting, conveying or moving any such vehicle, such contract or an affidavit which shall recite the existence of the said contract, the name, address and phone number of the contracting parties, the term of the contract and the scope of services to be performed. Any person seeking exemption under this provision shall display such contract or affidavit when required to do so by any Law Enforcement Officer. The parking of vehicle in a private-property parking lot does not give the owner of said parking lot control or custody of said vehicle for purposes of this exemption.
[R.O. 1996 § 630.350; Ord. No. 4294 § 1, 4-5-2010]
A.
Driving Tow Vehicle To Scene Of Accident
Prohibited — Exception. No person may drive a tow vehicle, licensed
or unlicensed, to the scene of an accident on the streets of the City
unless the person has been called to the scene by the Police, Police
dispatcher or by the owner or operator (or person asked by them to
call) of a vehicle disabled in the accident.
B.
Soliciting Tow Service Business At Scene
Of Accident Prohibited, Presence At Scene As Evidence Of Violation.
No person may solicit in any manner, directly or indirectly, on the
streets of the City, the business of towing a vehicle which is wrecked
or disabled on a street, regardless of whether the solicitation is
for the purpose of soliciting the business of towing, removing, repairing,
wrecking, storing, trading or purchasing the vehicle. Proof of the
presence of a person in the tow service business or the presence of
a tow service vehicle owned or operated by a person engaged in the
tow services business, either as owner, operator, employee or agents,
on a street in the City, stopped at the scene of an accident which
was not involved in the accident and whose driver or occupants were
not witnesses to the accident and which has not been called to the
scene by the Police, Police Dispatcher, or by the owner or operator
(or person asked by them to call) of the vehicle within one (1) hour
after the happening of an accident, is prima facie evidence of a solicitation
in violation of this Section.
C.
Soliciting By Advertising. No person may
solicit on the streets or sidewalks of the City any business at the
scene of an accident which deals directly or indirectly with the towing,
removing, repairing, wrecking, storing, trading or purchase of a wrecked
or disabled motor vehicle, vehicle trailer or semitrailer. Proof of
the presence of a person engaged in the tow service business, repairing,
wrecking, storing, or offering to purchase or trade for a wrecked
or disabled motor vehicle, vehicle trailer or semitrailer at the scene
of an accident is prima facie evidence of solicitation in violation
of this Section, unless such person was involved in the accident or
was a witness to the accident, or was called by the Police, Police
Dispatcher or by the owner or operator (or person asked by them to
call) of the vehicle.
D.
Response To Private Calls Permitted. A
tow service business may respond within the City to a private request
for tow service, when a wreck or collision in a street is involved.
A tow service business may respond to a private request for wrecker
service to a disabled vehicle not involved in a wreck.
[R.O. 1996 § 630.360; Ord. No. 4294 § 1, 4-5-2010]
A.
This Section 630.360 applies:
1.
To the towing, by a tow service business,
of motor vehicles from privately-owned property within the City of
Blue Springs without the consent of the vehicle owner or driver or
prior authorization by a Law Enforcement Officer;
2.
To the fees that are charged for
such towing of vehicles; and
3.
To the fees that are charged for
the storage and retrieval of such towed vehicles.
B.
This
Section does not apply to the towing of motor vehicles from public
streets and other locations within the City that is performed pursuant
to an ordinance or contract with the City of Blue Springs, or to the
storage of such vehicles.
C.
The owner of real property or lessee in
lawful possession of the real property or the property or security
manager of the real property may authorize a towing company to remove
abandoned property or vehicles parked in a restricted or assigned
area without authorization by a Law Enforcement Officer only when
the owner, lessee or property or security manager of the real property
is present. A property or security manager must be a full-time employee
of the business entity. An authorization to tow pursuant to this Subsection
may be made only under any of the following circumstances:
1.
There is displayed, in plain view
at all entrances to the property, a sign not less than seventeen (17)
by twenty-two (22) inches in size, with lettering not less than one
(1) inch in height, prohibiting public parking and, if applicable,
stating the hours and days of the week when trespassing vehicles are
subject to towing and indicating that unauthorized abandoned or unattended
property or property parked in a restricted or assigned area will
be removed or towed at the owner's expense, disclosing the maximum
fee for all charges related to towing, retrieval fees, in lieu of
towing fees and storage, and containing the telephone number of the
local traffic Law Enforcement Agency where information can be obtained
or a twenty-four (24) hour staffed emergency information telephone
number by which the owner of the abandoned property or property parked
in a restricted or assigned area may call to receive information regarding
the location of such owner's property;
2.
The abandoned property is left unattended
on owner-occupied residential property with four (4) residential units
or less, and the owner, lessee or agent of the real property in lawful
possession has notified the appropriate law enforcement agency, and
ten (10) hours have elapsed since that notification; or
3.
The abandoned property is left unattended
on private property, and the owner, lessee or agent of the real property
in lawful possession of real property has notified the appropriate
law enforcement agency, and ninety-six (96) hours have elapsed since
that notification.
D.
Towing And Storage Fees And Regulations.
1.
The maximum fees that may be charged
for the towing of motor vehicles and for the storage and, when specifically
authorized by this Section, the retrieval of such towed vehicles are
as follows:
a.
For the towing of a motor vehicle,
the maximum fee shall be one hundred fifty dollars ($150.00);
b.
For the storage of a towed motor
vehicle, the maximum fee for each twenty-four (24) hour period of
storage, or portion thereof, shall be thirty dollars ($30.00); and
c.
For the retrieval of a towed motor
vehicle during hours other than 8:00 A.M. to 5:00 P.M., Monday through
Friday, and 9:00 A.M. to 1:00 P.M., Saturday and Sunday, the maximum
fee shall be twenty-five dollars ($25.00). A retrieval fee may not
be charged for the retrieval of a towed motor vehicle during the hours
8:00 A.M. to 5:00 P.M. Monday through Friday, and 9:00 A.M. to 1:00
P.M. Saturday and Sunday.
2.
It shall be unlawful for any person to charge a towing fee, storage fee or retrieval fee that exceeds the fees established by Subsection (D)(1) above.
3.
If the owner of a motor vehicle is
present and capable of removing the vehicle before it is removed by
a tow vehicle operator, the vehicle shall not be towed; provided that
in such an event, the owner of the vehicle shall be liable for a reasonable
fee, not to exceed one-half (1/2) of the regular towing fee, in lieu
of towing, payable to the tow vehicle operator. This fee shall only
apply if the tow truck is attached to the offending vehicle and the
offending vehicle has been lifted so at least two (2) of the tires
are off the ground and is still on the lot.
4.
Except for the removal of motor vehicles
authorized by a law enforcement agency, a towing company shall not
remove or commence the removal of motor vehicles from private property
without first obtaining written authorization from the property owner
or lessee, or property or security manager thereof, who must be present
at the time of removal or commencement of the removal and who, if
a property or security manager, must be a full-time employee of the
business entity involved as owner or lessee. All written authorizations
shall be maintained for at least three (3) years by the towing company.
General authorization to remove or commence removal of motor vehicles
at the towing company's discretion shall not be delegated to a towing
company or its affiliates except in the case of motor vehicles unlawfully
parked within fifteen (15) feet of a fire hydrant or in a fire lane
designated by a fire department or the State Fire Marshal.
5.
The Chief of Police may review fees
established through this Section biannually, from the date of adoption
of this Section, and may adjust the fees based upon the Consumer Price
Index for all Urban Consumer (CPI-U).
6.
Prior to the undertaking of a tow
pursuant to this Section from private property, the tow vehicle operator
shall obtain the name, address and the business or home telephone
number of the person authorizing the tow. Such tow vehicle operator
shall supply this information, upon request, to any Law Enforcement
Officer and/or the owner or driver of any vehicle towed.
[R.O. 1996 § 630.370; Ord. No. 4294 § 1, 4-5-2010]
A.
Prior to towing any motor vehicle, the
tow service business or operator shall contact the City's Police Department
and provide the following information:
1.
The name of the tow service business
and operator;
2.
A description of the vehicle to be
towed, including its year, make, model, vehicle identification number
and license plate number;
3.
The date and time of the tow;
4.
The address of the location from
which the vehicle is being towed; and
5.
The name and address of the facility
to which the vehicle is to be delivered and stored, and from which
the vehicle may be retrieved.
B.
If
the vehicle to be towed is reported as stolen, the tow company shall
not remove the vehicle and shall provide the location and vehicle
description to Police. The tow company shall only remove the vehicle
after being authorized to do so by the Police.
[R.O. 1996 § 630.380; Ord. No. 4294 § 1, 4-5-2010]
Any tow service business that tows a motor vehicle from a location within the City shall take the vehicle to a storage facility from which towed vehicles may be retrieved twenty-four (24) hours a day, seven (7) days a week. It shall be unlawful to charge any additional fees, other than the fees allowed pursuant to Section 630.360(D)(1)(c), to retrieve/reclaim a vehicle.
[R.O. 1996 § 630.390; Ord. No. 4294 § 1, 4-5-2010]
[R.O. 1996 § 630.400; Ord. No. 4294 § 1, 4-5-2010]
A.
Upon payment of all towing, storage and,
if applicable, retrieval fees, the tow service business or storage
facility operator, as the case may be, shall immediately give the
vehicle owner or custodian a written receipt that contains the following
information:
1.
The name and address of the tow service
business;
2.
The address from which the vehicle
was towed;
3.
The date and time that the vehicle
was towed;
4.
The date and time that the vehicle
entered the facility at which it was placed for storage;
5.
An itemized list of all the fees
that are being charged; and
6.
A signature of an authorized representative
or property owner who requested the tow.
[R.O. 1996 § 630.410; Ord. No. 4294 § 1, 4-5-2010]
A.
A tow service business operating a tow truck pursuant to the authority granted in this Article III shall:
1.
Have and occupy a verifiable business
address.
2.
Have a fenced, secure, and lighted
storage lot or an enclosed, secure building for the storage of motor
vehicles.
3.
Be available twenty-four (24) hours
a day, seven (7) days a week. "Availability" shall mean that an employee
of the towing company or an answering service answered by a person
is able to respond to a tow request.
4.
Maintain a valid insurance policy
issued by an insurer authorized to do business in this State, or a
bond or other acceptable surety providing coverage for the death of,
or injury to, persons and damage to property for each accident or
occurrence in the amount of at least seven hundred fifty thousand
dollars ($750,000.00) per incident.
5.
Provide Workers' Compensation insurance
for all employees of the towing company if required by Chapter 287,
RSMo.
6.
Maintain current motor vehicle registrations
on all tow trucks currently operated within the tow service business
fleet.
7.
Maintain the business name, address
and phone number of the tow service legibly printed in letters not
less than one and one-half (1 1/2) inches high on each side on
all tow trucks operated within the tow service business fleet.
8.
Completely remove from the site of
an accident all resulting wreckage or debris, including all broken
glass, but excluding truck or vehicle cargoes, before leaving the
site.
9.
Fire Extinguishers. Each tow vehicle
shall have on hand at least one (1) fire extinguisher of a type recommended
by the manufacturer to put out gasoline fires and fires in automobiles.
At least one (1) such fire extinguisher shall also be in the garage
or other place where tow vehicles are stored. Such fire extinguisher
shall be in plain sight in an easily accessible location, and shall
be kept charged. Each employee shall be informed of the location of
the fire extinguisher and of the manufacturer's instructions for using
it.
[R.O. 1996 § 630.420; Ord. No. 4294 § 1, 4-5-2010]
A.
Every tow service business shall maintain
a separate log or other document which shall show, for each motor
vehicle that it has towed from a location within the City of Blue
Springs, the following information:
1.
The date and time that the vehicle
was towed;
2.
The date and time that the vehicle
entered the facility at which it was placed for storage;
3.
The make, model, year, vehicle identification
number, and license plate number of the vehicle;
4.
The address of the property from
which the vehicle was removed;
5.
The total mileage of the tow; and
6.
The towing, retrieval and storage
fees actually charged.
B.
Such
log or record shall be maintained for a period of at least three (3)
years from the date of each tow, and shall be made available, during
normal business hours, for inspection by the City. In addition, the
portion of such log or record pertaining to a particular motor vehicle
shall be made available, during normal business hours, for inspection
by the owner or lessee of the vehicle.
[R.O. 1996 § 630.430; Ord. No. 4294 § 1, 4-5-2010]
A.
No one shall engage in vehicle immobilization within the City limits without complying with the provisions of this Article III. However, this Article III does not apply to any company that is acting on behalf of a governmental agency.
1.
Immobilizing Vehicles On Private
Parking Lots — Signs Required.
a.
No one shall immobilize a vehicle,
of any size or weight, parked in a private parking lot unless there
is a sign conspicuously posted and clearly visible at each vehicle
entrance and exit to the property that has been permanently installed
for a minimum of twenty-four (24) hours prior to any vehicle being
immobilized. The legible sign shall be a minimum of seventeen (17)
inches by twenty-two (22) inches in size with lettering not less than
one (1) inch in height and posted so that the bottom of the sign is
at least thirty-six (36) inches, but no more than seventy-two (72)
inches off the ground.
2.
Notice Of Vehicle Immobilization
Device — Conditions.
a.
Notice. Immediately upon attaching
a vehicle immobilization to the vehicle, the vehicle immobilization
service shall affix a written notice to the driver's side window containing
the following:
(1)
A warning that any attempt
to move the vehicle may result in damage to the vehicle;
(2)
The name and telephone
number of the licensee responsible for removing the device;
(3)
The maximum fee, as
established by ordinance, required to remove the vehicle immobilization
device;
(4)
The time and reason
the vehicle was immobilized;
(5)
Any complaints regarding
excessive charges should be reported to the Blue Springs, Missouri
Police Department.
b.
Other Conditions. Each vehicle immobilization
service or employee or agent of the vehicle immobilization service
shall observe the following:
(1)
All vehicle immobilization
devices used within the City shall be in safe and proper working condition.
(2)
Signs identifying the
name and phone number shall be affixed to both sides of any vehicle
used by a vehicle immobilization service or its agent to perform vehicle
immobilization services.
(3)
All vehicle immobilization
services shall have twenty-four (24) hour service and access. All
vehicle immobilization services shall respond to all calls for release
of a vehicle within one (1) hour of a request for response.
(4)
Charges for damages
to vehicle immobilization equipment shall not be governed by this
Article and shall not prevent the vehicle's release if the specified
removal fee is paid.
3.
Fee Charged For Removing Vehicle
Immobilization Device.
a.
The fee for any and all charges to
remove a vehicle immobilization device shall not exceed seventy-five
dollars ($75.00). The vehicle immobilization service shall accept
Visa, Discover or Master Card in addition to cash. There shall be
no additional fee charged for the use of credit cards. The licensee
shall provide a receipt upon request of the individual making payment
for the removal of the immobilization device, once payment is made.
b.
It is unlawful for any person or
entity, unless it is acting on behalf of a governmental agency, to
place an immobilization device on a motor vehicle parked on the public
right-of-way.
4.
Emergency Vehicles. Emergency vehicles
used in police, fire or medical emergencies shall not be immobilized
for any reason. Upon proof that an unmarked vehicle is used for the
same purpose, the vehicle immobilization device shall be removed immediately
at no charge.
[R.O. 1996 § 630.440; Ord. No. 4294 § 1, 4-5-2010]
A.
Any person violating a provision of this Article III shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) for each violation; provided that if, in any twelve (12) month period, a person is convicted of having violated one (1) or more provisions of this Article III in conjunction with the towing or vehicle immobilization of more than one (1) motor vehicle, the punishment for each violation in conjunction with the second and any subsequent tow or booting violations in the twelve (12) month period shall be a fine not to exceed five hundred dollars ($500.00) or by imprisonment of not more than one hundred eighty (180) days, or by both such fine and imprisonment.
B.
The owner of a motor vehicle removed from
private property may recover for any damage to the motor vehicle resulting
from any act of any person authorizing or causing the removal of,
or removing, the motor vehicle.
C.
Any owner of any private property causing the removal of motor vehicles parked on that property is liable to the owner of the motor vehicles for double the storage or towing charges whenever there has been a failure to comply with the requirements of this Article III.
D.
Any tow service business, or any affiliate of a tow service business, which removes, or commences removal of, motor vehicles from private property without first obtaining written authorization from the property owner or lessee or property or security manager, which property owner or lessee or property or security manager thereof must be present at the time of removal or commencement of the removal, in accordance with Section 630.370 is liable to the owner of the motor vehicle for four (4) times the amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of this Article III.
E.
It shall be unlawful for any private property owner or lessee of said property or property or security manager of said private property to authorize, or attempt to authorize, the towing of a motor vehicle from said property without complying with all of the requirements set forth in Section 630.370.
