TITLE 10. VEHICLES AND TRAFFICTITLE 10. VEHICLES AND TRAFFIC\Chapter 10.30 Private Towing Regulations

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.

(Ord. 1078)

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

A.    "Towing" means the moving or removing or the preparation therefor of a motor vehicle for which a service charge is made, either directly or indirectly, of a motor vehicle from private property without the knowledge and actual consent of the owner or the person in legal possession of the vehicle. 

B.    "Storage" means the custody and control of a vehicle by a tow truck operator as a result of a third-party ordered tow.

C.    "Tow operator" means any person engaged in the business of offering or providing a towing service for commercial purposes.

D.    "Private property" means all property privately owned regardless of whether the property is open to public access.

E.    "Person" means a natural person or a legal entity such as, but not limited to, an individual, firm, association, joint stock company, syndicate, partnership or corporation.

(Ord. 1078)

A.    The property owner or person requesting the towing of or the removal of a vehicle from private or public property shall, within two hours of completion of such towing or removal, notify the Police Department of the following information concerning the tow or removal:

(1)   Vehicle make, model, and year;

(2)   License plate number;

(3)   Ultimate destination where vehicle is towed to and stored;

(4)   Person ordering the tow;

(5)   Address from which the vehicle is towed.

B.    Any tow operator towing a vehicle from private property shall, within two hours of completion of such towing, notify the police department by providing the same information as required above in section A. 

(Ord. 1078)

The owner of a vehicle towed from private property shall have access to personal property in such vehicle for 48 hours after such vehicle has been towed and such personal property shall be released to the owner.

(Ord. 1078)

As required by K.S.A. 8-1103(c), the following maximum fees for towing services, provided pursuant to this Chapter, shall be established as follows:

(a)   Towing. There shall be a maximum charge of $125.00 for towing a vehicle from private property in the city. Beginning on or after January 1, 2026, maximum towing charges shall increase by two percent (2%) each year.

(b)   Heavy Duty Towing. There shall be a maximum charge of $312 per hour, with a two hour minimum, for towing a vehicle weighing more than 10,000 pounds in the city.  Beginning on or after January 1, 2026, maximum heavy duty towing charges will increase by two percent (2%) each year.

(c)   Mileage. In addition to the towing fees established, the maximum charge for mileage for towing a vehicle from private property shall be $5.00 for each mile that a vehicle is towed away from private property, commencing at the point of hookup. Towing shall be by way of the most reasonable direct route between the point of origination and destination.

(d)   Storage Fee. A maximum fee of $65.00 per day may be assessed for each 24-hour period or portion thereof for storage at the wrecker or tow company's facility. Beginning on or after January 1, 2026, maximum storage charges will increase by two percent (2%) each year.

(e)   Heavy Duty Storage Fee. A maximum fee of $100.00 per day may be assessed for each 24-hour period or portion thereof for storage of vehicles weighing more than 10,000 pounds at the wrecker or tow company's facility. Beginning on or after January 1, 2026, the maximum heavy duty storage charges will increase by two percent (2%) each year.

(f)   Towing service companies shall provide to each owner or other responsible person an itemized bill indicating the amount for each service provided.

(Ord. 1078)