Towed from a parking lot in Kansas City: what the law says on each side of the line

First, which side of the line was the lot on

You come back to a store, apartment or office lot and the car or pickup is gone. Check the sign at the lot entrance, which should name a number to call, and call the local police non-emergency line, because in Missouri a private-property tow has to be reported to police.

The rules depend on where the lot is. Missouri writes most of them into state statute, Kansas City, Missouri adds its own ordinance on top, and Kansas leaves most of the detail to each city or county. This post covers tows from private property without the vehicle owner's consent, not tows from the highway or ones an officer orders at a breakdown.

What Missouri requires before and after the tow

A law enforcement officer may authorize the tow at the property holder's request if the vehicle has been unattended for more than forty-eight hours, or is a safety hazard or unreasonably interferes with use of the property (RSMo 304.157.1). Without an officer, RSMo 304.157.4 lets the owner, the lessee in lawful possession or a property or security manager, who must be a full-time employee of a business entity, authorize the tow only while present, and only in one of three situations:

1. Signs at every entrance. In plain view, at least 17 by 22 inches with one-inch lettering, prohibiting public parking, warning of removal at the owner's expense, disclosing the maximum fee for towing and storage, and giving a police number or a 24-hour staffed number for finding the vehicle.
2. A small owner-occupied residence. Four units or fewer, ten hours after law enforcement was notified.
3. Any other private property. Ninety-six hours after law enforcement was notified.

The paper trail a Missouri tow leaves

Under RSMo 304.158.8, the tow company needs written authorization from the property owner before it starts, and keeps it for at least one year. It may not be given general authority to tow at its own discretion, except for vehicles within fifteen feet of a fire hydrant or in a designated fire lane.

The person requesting the tow completes an abandoned property report on a Department of Revenue form, which RSMo 304.157.5 treats as a legal declaration subject to criminal penalty. The tow company must deliver a copy to local law enforcement within two hours from a signed lot, or twenty-four hours otherwise (304.157.6).

Within five working days, RSMo 304.158.1 requires written notice to the registered owner and any lienholder of the removal, the grounds and where the vehicle went, from the tow company when a property owner authorized it. Under 304.158.2, the property owner must state the grounds if you ask.

What Kansas City, Missouri's code adds

Inside Kansas City, Missouri, Chapter 76, Article III, Division 5 of the Code of Ordinances covers tows from privately owned property without the consent of the owner or an authorized driver, or an officer, being present (Sec. 76-421).

• Signs. At each entrance and exit, installed at least 24 hours before a tow, 17 by 22 inches, with the bottom 36 to 72 inches off the ground, a tow-truck symbol, any hours towing applies, a 24-hour number other than the police department's, and the maximum fees (Sec. 76-429). Parking for single-family, two-family and townhouse dwellings is exempt.
• Police first. The tow business must contact the police department before towing, giving the vehicle, reason, address and storage facility, and must not tow a vehicle reported stolen (Sec. 76-423(a)). An online report to the city follows within two or 24 hours (76-423(b)).
• Fee caps. The director sets maximum towing, storage and retrieval fees each year, and charging more is an ordinance violation (Sec. 76-422(a), (b)).
• Records and hours. Authorizations are kept three years (76-422(f)), each tow is logged with the fees charged and you may inspect your entry (76-428), and the storage facility must allow retrieval 24 hours a day, seven days a week (76-424).

Kansas: the city ordinance does most of the work

K.S.A. 8-1102(b) makes it criminal trespass to abandon a vehicle on private property that is not open to the public and not yours, and lets the public agency remove it at the owner or occupant's request, without the forty-eight-hour wait. For ordinary private-lot towing, K.S.A. 8-1103(c) requires any city ordinance or county resolution authorizing it to set a maximum towing and storage rate, give the owner 48 hours of access to personal property in the vehicle, and require the tow service to report the location to local law enforcement within two hours. Signs and other details are in the local ordinance.

Statewide, K.S.A. 8-1103(b) requires written notice to the driver, if available, that a storage fee will be charged, or the storage lien is invalid, and 8-1103(d) bars towing a vehicle out of Kansas without consent from the driver or owner, their motor club or the insurer handling a claim.

Getting the vehicle back

Know what the law gives you before you reach the counter.

1. Proof it is yours. In Kansas City, Missouri, a title, bill of sale, temporary permit, lease or rental agreement or insurance documentation is enough, current registration is not required, and electronic proof of insurance must be accepted (Sec. 76-426(b)). In Kansas, K.S.A. 8-1102(e) requires proof of valid registration and ownership for a vehicle impounded by a public agency.
2. Payment. A Missouri storage facility must accept cash and make change (RSMo 304.158.7). Kansas City, Missouri adds money orders, traveler's checks and Visa, MasterCard or Discover, and no extra charge for paying by card (Sec. 76-425).
3. An itemized receipt. Sec. 76-426(a) requires the company's name and address, where and when the vehicle was towed, when it entered storage, every fee itemized, and the signature of whoever requested the tow.
4. No extra hoops. No appointment, no conditions beyond payment and proof of ownership, and no refusal over how you spoke to staff (76-426(b), (c)). Your title or keys cannot be demanded to inspect the vehicle or get your things (76-422(i)).
5. Medication. Belongings may be held until charges are paid, but prescribed medication is released on request (76-422(g)); in Kansas, personal medical supplies are (K.S.A. 8-1103(a)(4)).

If you catch it in time, or the tow was wrong

Return before the vehicle leaves the property and RSMo 304.158.6 caps the charge at one-half of the regular towing charge. In Kansas City, Missouri, a vehicle whose owner is present and able to move it shall not be towed, and the half fee applies only once it is hooked with two tires off the ground (Sec. 76-422(c)).

Missouri owners can recover for damage caused in the removal (304.158.3). A property owner who fails to comply is liable for double the towing or storage charges (304.158.4), and a tow company that tows without written authorization from someone present, four times (304.158.9). Knowing violations are a class A misdemeanor and a violation of section 407.020, with proceedings by the Attorney General (304.158.11). Within ten days of the tow company's notice, you may petition the associate circuit court where the vehicle is stored and get it released by posting a bond for the charges (304.156.5).

So in Missouri, complain to the police agency that received the report and to the Missouri Attorney General; in Kansas City, Missouri, breaches of Chapter 76 are ordinance violations (Sec. 76-284). The Kansas statutes read here name no complaint office, so start with the police and the city or county whose ordinance applies.

General information, and where Titan Tow & Repair fits

This is general information, not legal advice. It summarizes the sections listed below as they read on the publication date; the statute or ordinance text controls, and a lawyer is the right call when money or a vehicle is at stake.

Titan Tow & Repair tows at the request of vehicle owners and law enforcement from one yard in Liberty. If you get the car back and it will not start or roll, a rollback flatbed can take it to your mechanic, your dealer, your driveway or our yard. Our post on flatbed or wrecker explains which truck suits it, and light-duty towing covers the service. Call (816) 888-8732, any hour.

Sources

• RSMo 304.001, Definitions for chapter 304 and chapter 307
• RSMo 304.156, Notice to towing company, owner or lienholder; petition; storage charges
• RSMo 304.157, Vehicles left unattended or improperly parked on private property of another
• RSMo 304.158, Notice to owner of abandoned property; towing company and property owner duties
• K.S.A. 8-1102, Motor vehicle abandoned on public highway or private property; recovery from impoundment
• K.S.A. 8-1103, Towed motor vehicles; lien; personal property; ordinances authorizing towing from private property
• Kansas City, Missouri Code of Ordinances, Chapter 76, Article III, Division 5: Nonconsent Tow and Booting

Related reading

Flatbed or Wrecker? Which One Your Vehicle Needs — A flatbed carries the whole vehicle with all four wheels off the road; a wrecker lifts one axle and tows with the other two wheels rolling.

How a Bus or Motorcoach Gets Towed Safely — A bus is towed by a heavy wrecker, but not the way a semi is.

Can a Trailer Be Towed Without Its Tractor? — Yes.