§ 76-281. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Boot means any wheel immobilization device that is attached to a vehicle that prevents the vehicle from being driven

City means the City of Kansas City, Missouri.

City tow means all tows ordered through the city dispatch system by the Kansas City, Missouri police department, city or any other regulatory agency.

Cruising means operating a tow vehicle on a public highway at a slow rate of speed or parked in a parking area near an accident scene for the purpose of soliciting business along said highway or accident scene.

Director means the director of neighborhoods and housing services or the director's designee.

Department means the neighborhoods and housing services department.

Emergent tow means a law enforcement directed movement of any vehicle by a tow vehicle in order to regulate, facilitate and provide for the proper and orderly flow of traffic upon the streets, alleys, road, highways and thoroughfares within the city when there is an emergency situation as defined in section 76-282.

Highway means any highway, road, street or alley open to the use of the public for the purpose of vehicular traffic.

Motor vehicle or vehicle means:

(1)

Any motor vehicle designed primarily for the transportation of no more than ten persons, including the operator, and having a registered gross weight of 7,500 pounds or less; and

(2)

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 7,500 pounds or less.

Operator's certificate or operator's certificate holder means evidence of authorization to operate tow vehicles in the services authorized under this article.

Operating, operation of or to operate a tow vehicle means all acts and functions incident to the movement of a tow vehicle from place to place; as well as all acts involved in the undertaking of a tow, whether for hire or for personal or business use by the owner or individuals under the control of the owner of the tow vehicle; and the conducting of a business engaged in the operation of a tow vehicle.

Owner means any person who holds legal title to a vehicle or one who has the legal right to the control and possession thereof.

Person means any individual, assumed name entity, partnership, joint venture, association, corporation or other legal entity.

Registration holder or registrant number means the owner of a tow vehicle registered under this chapter.

Registration number means a permanent number assigned by the director to a specific tow vehicle.

Retrieval fee means the compensation payable for the retrieval of a towed motor vehicle, during the periods of time prescribed in section 76-422, from a facility owned, operated, leased or used by a tow vehicle service, whether that facility is located within or beyond the city.

Storage fee means 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 vehicle service, whether that facility is located within or beyond the city.

Tow, tows or towing means the act of removing, by tow vehicle, a motor vehicle from public or privately-owned property. The mere preparation of a motor vehicle for removal by a tow vehicle or the attachment of a motor vehicle to a tow vehicle, or both, does not, for purposes of this chapter, constitute a "tow" or "towing."

Tow service business means any person, firm, association, corporation, partnership or organization engaged in the operation of one or more tow vehicles for a fee or as part of an auto salvage, auto repair or junk business.

Tow vehicle means any motor vehicle which is designed or equipped to or which does in fact provide any towing service, including but not limited to towing, 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 multicar 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 vehicles are not excluded from the definition of tow vehicles.

Tow vehicle operator means any individual who, as an employee of or otherwise for a tow service business, tows motor vehicles.

Towing fee means the compensation payable for the towing of a motor vehicle.

Vehicle immobilization means 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.

Vehicle immobilization service means any person, firm, association, corporation, partnership or organization engaged in the operation of vehicle immobilization for a fee.

(Ord. No. 120271, § 1, 3-29-12; Ord. No. 180606 , § 1, 12-20-18)

Cross reference

Definitions and rules of construction generally, § 1-10.