Title 12 - Traffic

12.21.010 Purpose and Intent.

It is hereby declared that the purpose and intent of this chapter is to protect the public and the rights of persons whose motor vehicles may be towed and stored by private towing services at the request of third parties.

(History: PTR-1658 §1, 91)

Effective on: 1/1/1901

12.21.020 Definitions.

As used in this chapter, the words and phrases defined in this section shall have the following meanings, unless the context otherwise requires:

12.21.030 Unlawful Acts.

It shall be unlawful and a violation of this chapter for any person to fail to comply with the following regulations when involved in the towing or request of towing of motor vehicles from private property; provided that the provisions of this chapter are not applicable when the private motor vehicle has been left upon the private owner's premises for more than 24 hours:

1. A.
   Notification. The property owner or person requesting the towing of or the removal of a vehicle from private or public property shall, within one hour of completion of such towing or removal, notify the Overland Park, Kansas, Police Department of the following information concerning the tow or removal:

   1. 1.
      Vehicle make;
   2. 2.
      Vehicle model;
   3. 3.
      Vehicle year;
   4. 4.
      Vehicle VIN;
   5. 5.
      License plate number;
   6. 6.

      Ultimate destination where the vehicle is towed to and stored; and 

   7. 7.

      Person ordering the tow.

2. B.
   Notice and Sign Requirements. Except for property appurtenant to and obviously a part of a single-family residence, and except for instances when notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and thus are subject to being removed at the owner's or operator's expense, any property owner or person in legal possession of the property, prior to towing or removing any vehicle from private or public property without the consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements:

   1. 1.
      The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within five feet from the public right-of-way line. If there are no curbs or access barriers, the signs must be posted not less than one sign for each 25 feet of lot frontage.
   2. 2.
      The notice must clearly indicate, in not less than two inch high, light reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. The words "tow away zone" must be included on the sign in not less than four inch high letters.
   3. 3.
      The notice must also contain the following language:

      "If you believe your vehicle may have been towed from this property, please contact the Overland Park Police Department."

   4. 4.

      The sign structure containing the required notices must be permanently installed, with the bottom of the sign not less than four feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing or removal of vehicles.

   5. 5.

      A business with 20 or fewer parking spaces satisfies the notice requirements of this section by prominently displaying a sign stating "Reserved parking for customers only. Unauthorized vehicles will be towed away at the owner's expense." in light reflective letters on a contrasting background. In addition, the sign must include the information required in subparagraph (3) herein.

3. C.
   Owner Access. Any owner of a vehicle towed pursuant to this chapter shall have access to personal property in such vehicle for up to 48 hours after such vehicle has been towed, and such personal property shall be released to said owner unless it is being held or seized as evidence.  

(History: Ord. TC-1260,FFFF §78, 2022; Ord. PTR-2222 §1, 2000; PTR-1908 §1, 94; PTR-1658,A §1, 91; PTR-1658 §1, 91) (State Law: K.S.A. 8-1103)

Effective on: 1/1/1901

12.21.040 Maximum Tow and Storage Fees.

All wrecker or towing services shall charge for towing and storage services such fees and charges as are adopted by the City by resolution. The City shall not be responsible for unpaid towing and storage fees and charges except as provided by resolution of the City or as agreed to in writing by the Chief of Police. 

(History: Ord. TC-1260,FFFF §79, 2022; Ord. PTR-1908 §3, 94; PTR-1658 §1, 91) (State Law: K.S.A. 8-1103)

Effective on: 1/1/1901

12.21.050 Nonapplicability to Governmental Vehicles and Tows.

The provisions of this chapter shall not apply to law enforcement, firefighting, rescue squad, ambulance or other emergency vehicles, not to include tow trucks, which are marked as such or to property owned by any governmental entity or to any vehicle towed pursuant to Section 12.20.001 et seq.

(History: Ord. PTR-1658 §1, 91)

Effective on: 1/1/1901

12.21.060 Penalty.

Any person that violates the provisions of this chapter shall be fined not less than $500 nor more than $1,000. In addition to such fine the Court may sentence any person convicted hereunder to no more than 30 days in jail.

(History: Ord. PTR-1908 §2, 94; PTR-1658 §1, 91)

Effective on: 1/1/1901