Kansas City leaders pass new rules against predatory towing, but there’s a catch
KANSAS CITY, Mo. (KCTV) - Members of the Kansas City council unanimously approved an ordinance creating a towed vehicle owner bill of rights and other safeguards May 1.
It is one step in a plan that will require city and county leaders to work together toward an end goal of preventing predatory towing.
On May 5, on the steps of Kansas City City Hall, an announcement that under the new ordinance, tow operators will have a list of requirements when towing a vehicle.
- Car owners have to be there in person to witness an authorized tow
- Operators have to document every tow through an electronic system, providing detailed information to law enforcement
- Before taking a vehicle away, the tow company has to contact the Kansas City Police
Moving forward, city representatives are hopeful that any violations of this ordinance will lead to a towing license being revoked. According to Missouri state law, only the county can authorize a towing license.
Chairman of the Jackson County Legislature, DaRon McGee, is hopeful Jackson County legislators can set up licensing guidelines in the near future.
“The state gives us authority to license, it doesn’t give the city the power to license,” McGee said. “That’s why they need us to license them so the city has some teeth to enforce their municipal code.”
McGee said legislators could vote on a licensing ordinance as soon as Monday, May 5.
Jackson County is the only Kansas City, Mo., county that doesn’t already require some kind of license for tow operators, according to Kansas City Councilman Darrell Curls, a co-sponsor of the ordinance.
“Clay, Cass and Platte Counties already have things on their books in regards to licenses. During our research we discovered Jackson County didn’t have anything,” Curls told other councilmembers Thursday afternoon.
Kansas City’s Regulated Industries will be responsible for establishing the towed vehicle owner bill of rights.
“The bill of rights will then be distributed to tow companies as well as being posted in the tow companies places of business so people will know what their bill of rights are when it comes to having their cars towed,” Curls said.
The city manager will be in charge of identifying an online platform for reporting tows. The city manager will also be in charge of working with Jackson County leaders to establish penalties for violators.
Kansas City police will be in charge of eventually enforcing any penalties if tow companies violate the ordinances.
“We are working with the county in regards to a companion ordinance over there. We are hoping and anticipating that that ordinance takes place and that’s in regards to licensing. The county would be enforcing the licensing aspect, but the city, KCPD and regulated industries would be enforcing it here,” Curls said.
But there is still a lot of work to do from a Jackson County standpoint.
Jackson County Proposal
License and Fees
The proposal calls for each business or independent tow driver either located in the county, or that does at least 50% of business in the county, to have a valid tow license from Jackson County.
The business license would be an annual fee of $1,000. In addition, each business would be charged a $250 fee for each tow truck or wrecker they use.
In addition to the tow license, each business or driver must have a valid paid personal property tax receipt from the county.
Revenue from the tow licensing fees would go to the Housing Resources Commission under the proposal.
Proposed Penalties
The proposal includes suspending licenses. The length would likely depend on a company or driver’s history.
- 45-90 day suspension
- Business or driver violates any part of the law in place
- Business or driver violates city ordinances that pertain to tows
- Business or driver has an active bench warrant
- 1 year suspension
- Business or driver violates ordinance two or more times in 12 months
- 2 year suspension
- Business or driver conducts tow operations while tow license is suspended
The proposal still needs to be approved by committee members, the full legislature, and finally signed by County Executive Frank White to take effect.
Some tow operators have said the licensing costs are too high and are not in line with other metro counties.
They are also concerned about the high fines and threats of severe suspensions if employees violate the ordinance.
Under the new ordinance, tow operators will have a list of requirements when towing a vehicle.
- Car owners have to be there in person to witness an authorized tow
- Operators have to document every tow through an electronic system, providing detailed infromation to law enforcement
- Before taking a vehicle away, the tow company has to contact Kansas City Police
Moving forward, city representatives are hopeful any violations to this ordinance will lead to a towing license being revoked. According to Missouri state law, only the county can authorize a towing license.
Chairman of the Jackson County Legislature, DaRon McGee, is hopeful Jackson County legislators can set up licensing guidelines in the near future.
“The state gives us authority to license, it doesn’t give the city the power to license,” McGee said. “That’s why they need us to license them so the city has some teeth to enforce their municipal code.”
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