As used in this Chapter, the following terms shall have the
meanings set out herein:
ABANDONED PROPERTY
Any unattended or unlicensed motor vehicle, trailer, all-terrain
vehicle, outboard motor or vessel removed or subject to removal from
public or private property as provided in this Chapter, whether or
not operational. For any vehicle towed from the scene of an accident
at the request of law enforcement and not retrieved by the vehicle's
owner within five (5) days of the accident, the agency requesting
the tow shall be required to write an abandoned property report or
a criminal inquiry and inspection report.
BOOT
Any wheel immobilization device that is attached to a vehicle
that prevents the vehicle from being driven.
[Ord. No. 1819 §1, 3-22-2016]
PERSON
Any natural person, corporation or other legal entity.
RIGHT-OF-WAY
The entire width of land between the boundary lines of a
public road or State highway, including any roadway.
ROADWAY
That portion of a public road or State highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
TOWING COMPANY
Any person or entity which tows, removes or stores abandoned
property.
TOW, TOWS or TOWING
The act of removing by tow truck, a motor vehicle from privately-owned
property within the City of Platte City 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, does not, for the purposes of this
Chapter constitute a "tow" or "towing."
[Ord. No. 1819 §1, 3-22-2016]
VEHICLE IMMOBILIZATION
The impounding, incapacitating or immobilization 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.
[Ord. No. 1819 §1, 3-22-2016]
VEHICLE IMMOBILIZATION SERVICE
Any person, firm, association, corporation, partnership or
organization engaged in the operation of a vehicle immobilization
for a fee.
[Ord. No. 1819 §1, 3-22-2016]
No person shall abandon any motor vehicle or trailer on any
private real property owned by another without his/her consent.
[CC 1992 §215.080; Ord. No. 574 §2, 10-28-1991; Ord. No. 860 §3(215.510), 5-15-1996; Ord. No. 1398 §1(215.510), 12-15-2004]
Except where any damaged or unlicensed vehicle is kept upon
private property by a licensed and permitted body repair business
in a zoning district where such activity is permitted or by a licensed
and permitted motor vehicle sales business as a part of inventory
in a zoning district where such activity is permitted, any wrecked,
damaged, demolished, disabled or unlicensed vehicle, or part or portion
thereof, which is left or permitted to remain upon any property or
street is hereby declared to be a public nuisance unless such vehicle
is in a completely enclosed building.
[Ord. No. 1819 §2, 3-22-2016]
A. Generally. No one shall engage in vehicle immobilization within the City limits without complying with the provisions of this Chapter
217 of the City Code. However, this Chapter
217 does not apply to any individual or company that is acting on behalf of a government agency.
B. Booting Or Immobilization By Real Property Owner, Lessee,
Or Property Or Security Manager.
1.
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 booting or immobilization company to boot
or immobilize abandoned property or property 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 a business entity. An authorization to boot
or immobilize pursuant to this Chapter may be made only under any
of the following circumstances.
C. Immobilizing Vehicles On Private Parking Lots-Sign Required.
1.
No one shall boot or 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 of the ground.
2.
Each sign must provide at a minimum the following information
in one (1) inch lettering: Property is a private lot; Vehicles not
authorized to park shall be immobilized at owner's expense. Sign
must also include in one (1) inch lettering: name and phone number
of person or company authorized to remove boot or vehicle immobilization
device.
3.
Sign must also state the fee charged to remove boot or immobilization
device.
D. Notice Of Vehicle Boot Or Immobilization Device.
1.
Immediately upon attaching a vehicle immobilization to a vehicle,
the vehicle immobilization service shall affix a written notice on
the driver's side window containing the following information:
A warning that any attempt to remove the vehicle may result in damage
to the vehicle; the name and telephone number of the company or person
responsible for removing the device; the maximum fee, as established
by ordinance, required to remove the vehicle immobilization device;
the time and reason the vehicle was immobilized; any complaints regarding
excessive charges should be reported to the Platte City Police Department.
E. Other Conditions. Each vehicle immobilization service
or employee or agent of such service shall comply with the following:
1.
All boots or immobilization devices must be in safe and proper
working condition.
2.
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 the vehicle within one (1) hour
of the request for service.
3.
Charges for damages to boots or vehicle immobilization devices
shall not be governed by this Chapter and any such damage shall not
prevent the vehicle's release if the specified removal fee is
paid.
4.
It is unlawful for any person or entity, unless it is acting
on behalf of a governmental agency, to place a boot or immobilization
device on a motor vehicle parked on the public right of way.
5.
Emergency vehicles used by police, fire or medical emergencies
or any other government use shall not be immobilized for any reason.
Upon proof that an unmarked vehicle is used for a governmental purpose,
the immobilization device shall be removed immediately at no charge.
6.
A vehicle that has been immobilized shall not then be subject
to tow unless the owner has not redeemed the vehicle within ninety-six
(96) hours of the immobilization device being placed on the vehicle;
unless a Platte City Law Enforcement Officer determines that the vehicle
is an immediate hazard to public safety.
F. Fee Charged For Removing Vehicle Immobilization Device.
1.
The fee for any charges to remove a vehicle immobilization device
shall not exceed seventy-five ($75.00) dollars. The vehicle immobilization
service shall accept Visa and Mastercard in addition to cash and money
orders. The service may charge those using credit cards an additional
fee to cover the costs of using or processing such cards, however,
such fee shall not exceed five dollars ($5.00) per removal.