Our law firm's Merriam traffic attorneys can help with Merriam speeding, red light, stop sign, turn violation, failure to yield and most other Merriam traffic tickets
The City of Merriam's police officers write thousands of speeding and other traffic tickets every year. The harmful effects of Merriam speeding/traffic tickets can go far beyond the fine(s) listed on the back of the infraction and can raise auto insurance premiums tremendously or even cause your driver's license to be suspended.
In many instances, you will also have to wait hours at a ticket docket in Merriam Municipal Court for your case to be called, necessitating time off from work or away from your family.
Merriam tickets do not have to simply be paid, however. Call our law firm at (913)764-5010 to speak to an experienced Merriam speeding/traffic ticket attorney who can help protect your rights, your insurance premiums, and your driving history.
Merriam speeding ticket amendments and moving violation amendments:
In many cases, hiring our law office's Merriam speeding/traffic ticket attorneys to represent you in Merriam Municipal Court may facilitate an agreement with Merriam prosecutors for an amendment of your speeding and/or traffic tickets.
For instance, this traffic law firm firm can often amend Merriam speeding and traffic tickets to non-moving violations such as illegal parking.
A ticket amendment in Merriam will usually insure that your insurance premiums are not negatively affected by the ticket. An amendment can also keep your driver's license from being suspended in some circumstances as well as it will not count as a moving violation on your driving record.
As a bonus, in almost all cases, we can appear in Court for you, saving your hours of time wasted getting to court and waiting for your case to be called.
Merriam, KS Driving While Suspended, Driving Without Proof of Insurance & Registration Violation legal representation:
We can assist people charged with DWS (driving while suspended) in Merriam. A conviction on a Kansas DWS charge can lead to jail time, house arrest, or both. If you've been charged with driving while suspended in Merriam, it is important to consult a Merriam traffic attorney to discuss your rights and your options. We may be able to secure a dismissal of the Merriam DWS charge in some cases, negotiate and amendment to another charge in other cases, and agree to a diversion (which does not count as a conviction if terms are met) in other circumstances. As with all cases, each Merriam DWS case is unique and must be individually evaluated by a Merriam traffic lawyer.
Other Merriam traffic charges such as no-insurance and/or registration violations can also lead to jail time which makes it important to hire a Merriam traffic attorney to help with these cases as well.
Contact us today at 913 764-5010 to schedule a free consultation to discuss your Merriam traffic matters with a attorney.
The City of Merriam's traffic code (laws/ordinances)
27-1
CHAPTER 27
TRAFFIC
Sec. 27-1. Incorporating the standard traffic ordinance.
SECTION 1.
(a) Incorporating Standard Traffic Ordinance. There is hereby incorporated by reference for
the purpose of regulating traffic within the corporate limits of the City of Merriam, Kansas,
that certain standard traffic ordinance known as the “Standard Traffic Ordinance for Kansas
Cities,” edition of 2009, prepared and published in book form by the League of Kansas
Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as
are hereafter omitted, deleted, modified or changed. At least one (1) copy of the “ Standard
Traffic Ordinance” shall be marked or stamped “Official Copy as Incorporated by Ordinance
No. 1623” with all sections or portions thereof intended to be omitted or changed clearly
marked to show any such omission or change and to which shall be attached a copy of this
Ordinance, and filed with the city clerk to be open to inspection and available to the public at
all reasonable hours. The police department, municipal judge and all administrative
departments of the city charged with enforcement of the Standard Traffic Ordinance shall be
supplied, at the cost of the city, such number of official copies of said Standard Traffic
Ordinance similarly marked, as may be deemed expedient. (Ord. No. 1085, § 2, 11-6-89;
Ord. No. 1101, § 1, 10-15-90; Ord. No. 1123, § 1, 1-20-92 Ord. No. 1151 § 1, 2-22-93, Ord.
No. 1175 § 1, 7-23-93, Ord. No. 1221 § 1, 8-22-94; Ord. No. 1254 § 1, 10-23-95; Ord. No.
1276 §1, 9-23-96, Ord. No. 1312 § 1, 9-22-97, Ord. No. 1350 § 1, 1-25-99, Ord. No. 1364 §
1, 10-25-99; Ord. No. 1387 § 1, 9-25-00, Ord. No. 1406, § 1, 6-29-01, Ord. No. 1429 § 1, 09-
23-02, Ord. No. 1455 § 1, 9-29-03, Ord. No. 1469, §1, 07-26-04; Ord. No. 1515, §1, 09-19-
05; Ord. No. 1549, §1, 08-21-06; Ord. No. 1571, §1, 08-21-07; Ord. No. 1606, § 1, 8-18-08;
1623 § 1, 8-24-09).
(b.) Traffic Infractions and Traffic Offenses.
1. An ordinance traffic infraction is a violation of any section of this Article that
prescribes or requires the same behavior as that prescribed or required by a statutory
provision that is classified a traffic infraction in K.S.A. 8-2118, or any amendments
thereto.
2. All traffic violations which are included within this Article, and which are not
ordinance traffic infractions as defined in subsection 1 of this section, shall be
considered traffic offenses.
(Ord. No. 1085, § 2, 11-6-89; Ord. 1101, § 2, 10-15-90; Ord. No. 1123, § 2, 1-20-92; Ord.
No. 1151 § 2, 2-22-93, Ord. No. 1175 § 2, 7-23-93. Ord. No. 1221 § 2, 8-22-94; Ord. No.
1254 § 2, 10-23-95; Ord. No. 1276 § 2, 9-23-96, Ord. No. 1312 § 2, 9-22-97, Ord. No. 1350
§ 2, 1-25-99, Ord. No. 1364 § 2, 10-25-99, Ord. No. 1387 § 2, 9-25-00, Ord. No. 1406, § 2,
MERRIAM CODE TRAFFIC
27-2
6-29-01, Ord. No. 1429 § 2, 09-23-02, Ord. No. 1455 § 2, 9-29-03, Ord. No. 1469, §1, 07-
26-04; Ord. No. 1515, § 2, 09-19-05; Ord. No. 1549, §1, 08-21-06; Ord. No. 1571, §1, 08-
21-07; Ord. No. 1606, § 1, 8-18-08; Ord. No. 1623 § 2, 8-24-09).
State law references--Traffic generally, K.S.A. Ch. 8; powers of local authorities,
K.S.A. Ch. 8, Art. 20.
(c) Penalty for Scheduled Fines in Merriam Municipal Court.
The fine for violation of an ordinance traffic infraction or any other traffic offense for which the municipal judge establishes a fine in a fine schedule
shall not be more than five hundred dollars ($500.00). A person tried and convicted for
violation of an ordinance, traffic infraction or other traffic offense for which a fine has been
established in a schedule of fines shall pay a fine fixed by the court not to exceed five
hundred dollars ($500.00).” (Ord. No. 829, § 1, 11-19-79; Ord. No. 936, § 1, 1-3-83; Ord.
No. 983, § 1, 1-7-85; Ord. No. 1034, §§ 1-3, 4-6-87; Ord. No. 1048, §§ 1-3, 12-7-87; Ord.
No. 1066, §§ 1-3, 11-7-88; Ord. No. 1085, § 1, 11-6-89; Ord. No. 1101, § 3, 10-15-90; Ord.
No. 1123, § 3, 1-20-92; Ord. No. 1151, § 3, 2-23-93, Ord. No. 1175, § 3; 7-23-93, Ord. No.
1221, § 3; 8-22-94; Ord. No. 1276 § 3, 9-23-96, Ord. No. 1312 § 3, 9-22-97, Ord. No. 1364 §
3, 10-25-99, Ord. No. 1387 § 3, 9-25-00, Ord. No. 1406, § 3, 6-29-01, Ord. No. 1429, § 3,
09-23-02, Ord. No. 1455 § 3, 9-29-03, Ord. No. 1469, §1, 07-26-04; Ord. No. 1515, § 3, 09-
19-05; Ord. No. 1549, §1, 08-21-06; Ord. No. 1571, §1, 08-21-07; Ord. No. 1606, § 1, 8-18-
08; Ord. No. 1623 § 3, 8-24-09).
State law reference--Adoption by reference, K.S.A. 12-3009--12-3012, 12-3301, 12-3302.
Sec. 27-2. Repealed Ord. No. 1623 § 2, 8-24-09
Sec. 27-3. Prosecution of juveniles.
Any person who has attained the age of fourteen (14) years shall be subject to prosecution in
the Municipal Court of Merriam, Kansas, and shall be subject to the penalties for violation of
the traffic laws and Standard Traffic Ordinance as adopted by the City of Merriam, Kansas.
(Ord. No. 797, §§ 1, 2, 8-21-78; Ord. No. 1125, § 1, 3-2-92)
Sec. 27-4. Reserved.
Sec. 27-5. Traffic signs, signals, etc.
The location and existence of all traffic-control signs, signals, marking and devices while in
place on the adoption date of this Code are hereby ratified and confirmed and shall be
considered to have been authorized by the governing body.
Sec. 27-6. Limited access streets.
Sixty-third Street within the city limits of the city be and is hereby designated a limited
access street, and that all future ingress and egress to said street be controlled through
independent access roads. (Code 1976, § 15-202)
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27-3
Sec. 27-7. Careless driving in Merriam, Kansas.
Any person operating a motor vehicle within the city limits of the city in a careless or
heedless manner so as to endanger the lives of persons or damage their property, upon
conviction, shall be deemed guilty of a misdemeanor. (Code 1976, § 15-104; Ord. No. 928,
§§ 1, 2, 9-20-82; Ord. No. 945, § 1, 10-3-83)
Sec. 27-8. Parking after snowfalls.
All persons having vehicles parked on the streets of the city shall remove the same therefrom
within two (2) hours after any snowfall which shall leave a covering of two (2) inches or
more, said covering to be measured and determined by the street department. Confirmation
of such determination by said street department may be obtained by any resident by calling
the city clerk, police department or the county sheriff's dispatcher, who shall have previously
been advised of the applicability of this article by the city street department. All cars
remaining in the street two (2) hours after such snowfall, and obstructing snow removal
operations of the street department, shall be towed off the street. All tow-in charges shall be
paid by the owner of any vehicle so removed from the street. (Code 1976, § 14-302)
Sec. 27-9. Operation of vehicle without license.
It shall be unlawful for any person to operate a motor vehicle upon the public streets of the
City of Merriam, Kansas, without having in his possession a current valid driver's license;
said operator shall upon demand by a law enforcement officer of the city display his
operator's license.
It shall be a defense to the charge of operating a motor vehicle while not having in
possession a valid driver's license if said person so charged presents to the judge of the
municipal court or the clerk of the municipal court a current driver's license that was valid at
the time of the alleged offense. (Ord. No. 880, §§ I, II, 3-16-81)
Sec. 27-10. Municipal parking lot; time limitation upon parking; penalty.
(a) Whenever any appropriate sign shall be placed and maintained by lawful
authority of the city giving notice that any of the following city-controlled
parking areas may be used for parking vehicles for a limited time only, it
shall be unlawful for any person to fail or refuse to comply with such sign:
(1) Streamway Trail access parking area, 75th Street and Wedd Street;
(2) Campbell Park parking area, 9500 W. 61st Street;
(3) Park property parking area, 5245 Merriam Drive;
(4) Downtown parking area located on the west side of the access drive
behind 5842 and 5844 Merriam Drive, adjacent to Turkey Creek.
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27-4
(b) Any person who violates subsection (a) of this section shall, upon
conviction, be liable to pay a fine not to exceed twenty-five dollars
($25.00).
(c) Any vehicle parked in violation of subsection (a) hereof shall be subject to
tow.
(d) For purposes of this section, the terms “park” or “parking”, “person,” and
“vehicle” shall have the meanings ascribed to them in Article 14 of
Chapter 8 of the Kansas Statutes Annotated, as amended.
(e) Kansas Statutes Annotated Sections 8-2112 through 8-2114, as amended,
shall govern the citation and prosecution of violations of this section.
(Ord. No. 1484, §1, 09-27-04)
Sec. 27-11. Truck routes.
It shall be unlawful for any truck, as defined in this Chapter, to enter upon or be operated
upon any street within the City of Merriam, Kansas, except those streets designated as and
identified as Truck Routes. (Ord. No. 1106, § 1, 1-7-91)
Sec. 27-12. Exceptions to Section 27-11.
The provisions of Section 27-11 shall not be applicable to those vehicles engaged in
repairing or construction of streets under the authority of the City or vehicles carrying goods,
wares or merchandise or other articles to and from any house, residence or business
establishment which is not on a street designated as a truck route, provided the vehicle takes
the most direct route to and from the facilities when entering or leaving the premises, and
utilizes truck routes when reasonably available. The provisions of Section 27-11 shall also
not apply to vehicles entering upon streets and areas under construction or where
construction and building are taking place for the purpose of delivering and receiving
construction goods or materials, provided the vehicle takes the most direct route to and from
the facilities when entering or leaving the construction area or area where building is taking
place. (Ord. No. 1371, δ1, 3-27-2000).
Sec. 27-13. Bridge and culvert load limits signs to have precedence.
On streets designated as Truck Routes, bridge and culvert load limit signs and regulations
shall be complied with and take precedence over Truck Route designations.
Sec. 27-14. Truck routes designated.
The following streets are hereby designated as Truck Routes within the limits and
jurisdiction within the City of Merriam, Kansas.
MERRIAM CODE TRAFFIC
27-5
East and westbound 75th Street, 67th Street (Farley to Antioch) Shawnee Mission Parkway,
Johnson Drive east of Merriam Drive, 47th Street; north and southbound Merriam Drive,
West Frontage Road, Carter and Antioch.
Sec. 27-15. Posting of signs.
The streets set forth in Section 27-14 shall be properly identified and posted as Truck Routes
within the limits and jurisdiction of the City.
Sec. 27-16. Truck Defined.
For purposes of this Chapter, "truck" shall mean every motor vehicle designed, used or
maintained primarily for the transportation of property that is registered for a gross weight
of more than 18,000 pounds (18M). (Ord. No. 1180, §1, 11-22-93)
Sec. 27-17. Violation, penalty.
Any person, firm or corporation violating the provisions of this Chapter relating to Truck
Routes is guilty of a public offense and upon conviction thereof shall be fined not less than
$50.00 nor more than $500.00 for each offense.
ARTICLE II. TOWING AND TOWING COMPANIES
Sec. 27-18. Authority to tow or impound.
The Police Department is authorized to remove and/or tow away, or have removed and towed
away by commercial towing service to an impound lot or other place designated by the City,
all motor vehicles found under the following enumerated circumstances:
a. When any motor vehicle upon a street is so disabled as to constitute an
obstruction to traffic and the person or persons in charge of the vehicle cannot
safely operate the motor vehicle or are unable to provide for its custody or
removal to a lawfully secure location. (Ord. No. 1241, § 1, 5-22-95)
b. When any motor vehicle is parked illegally in such a manner as to constitute a
hazard or obstruction to the safe movement of traffic. (Ord. No. 1241, § 1, 5-
22-95)
c. When the operator of any motor vehicle is arrested and taken into custody by
the Police Department and such vehicle would thereby be left unattended and
create a hazard or obstruction to the safe movement of traffic. (Ord. No. 1241,
§ 1, 5-22-95)
d. When any motor vehicle is abandoned or left unattended on a highway or
public road for a period of time in excess of 24 consecutive hours. (Ord. No.
1241, § 1, 5-22-95)
MERRIAM CODE TRAFFIC
27-6
e. When any vehicle is found being driven on the streets and is not in proper or
safe condition to be driven and cannot be removed safely to a lawfully secured
location by the owner or operator. (Ord. No. 1241, § 1, 5-22-95)
f. When any motor vehicle is determined to be stolen. (Ord. No. 1241, § 1, 5-22-
95, Ord. No. 1444, § 1, 5-19-03, Ord. No. 1445, § 1, 7-28-03)
Sec. 27-19. Notice to owner of vehicle to be towed or impounded in non-emergency
situation.
Vehicles that are subject to being towed and impounded under conditions that do not
constitute an immediate obstruction to the normal and safe movement of traffic and are
determined to be abandoned shall not be towed or impounded until the motor vehicle has
placed on its windshield or in another prominent location a sticker or placard indicating the
vehicle is in violation of Merriam City Code and shall be removed by the Merriam Police
Department after 24 hours from the time the sticker or placard was attached to the vehicle.
The sticker or placard shall include such other information as the Chief of Police determines
is necessary. (Ord. No. 1241, § 1, 5-22-95)
Sec. 27-20. Notice.
Whenever any motor vehicle is towed and impounded pursuant to the provisions of Section
27-18, notice, if possible, shall be given to the registered owner or person entitled to custody
thereof, that such vehicle has been towed and impounded, the reasons for the tow, how the
vehicle may be recovered, to include the right of hearing set out in Section 27-22. (Ord. No.
1241, § 1, 5-22-95)
Sec. 27-21. Recovery Procedures.
a. All motor vehicles towed and impounded pursuant to the provisions of this chapter
shall be surrendered to the owner or person entitled to custody of the vehicle subject
to the provisions of subparagraph b herein, upon presentation of the following to the
commercial tow service where the vehicle is impounded:
(1) Proof of ownership of the vehicle by lawful title or other proof of lawful
entitlement to the vehicle;
(2) Proof of liability insurance on the vehicle as required by the laws of the state
of Kansas;
(3) Proof of current registration of the vehicle as required by the laws of the state
of Kansas; and
b. Payment of all storage charges and towing fees incurred in the towing and
impounding of the vehicle must be made prior to release of the vehicle unless
MERRIAM CODE TRAFFIC
27-7
otherwise relieved of that requirement by application of the hearing provisions set
forth in Section 27-22.
Should a person seeking release of a motor vehicle impounded under the provisions
of this chapter not present proof of current registration and proof of insurance, the
vehicle will not be released to be driven away from the impound lot, but the vehicle
may be released to be towed from the tow lot if proof of ownership is shown and all
storage and towing charges are paid.
(Ord. No. 1241, § 1, 5-22-95)
Sec. 27-22. Hearing procedure.
a. Owners or persons entitled to the lawful custody of impounded motor vehicles who
wish to contest the validity of the motor vehicle tow may request a hearing for such
purpose by filing with the Merriam Police Department a request in writing upon
forms approved by the Chief of Police within thirty (30) days after the date of the
notice described in Section 27-20.
b. A hearing for the purpose of determining the validity of the tow shall be held by the
Municipal Court within a reasonable period after such hearing is requested, however
not greater than ten (10) days. The time of the hearing shall be set by the Clerk of the
Municipal Court.
c. Pending such hearing, the owner or person lawfully entitled to custody of any
impounded vehicle may retrieve the impounded vehicle upon posting bond with the
Clerk of the Court in the amount of the towing charge and storage fees. Upon
showing to the commercial tow service proof of posting of the bond, the motor
vehicle shall be released immediately. If a bond is not posted, the vehicle shall
remain in storage until the requested hearing is held.
d. If the Municipal Court Judge determines the vehicle was lawfully towed pursuant to
the provisions of Section 27-18 herein, then all charges shall be paid by the owner or
person lawfully entitled to custody of the vehicle. Such charges may be paid for
partly or in whole by the bond, if posted, and any surplus bond money shall be
returned.
e. If the Municipal Court Judge determines the vehicle was not towed pursuant to the
provisions of Section 27-18 herein, the Court shall order the immediate release of the
vehicle to its lawful owner without costs, and any bond posted shall be returned.
f. Should any owner or person lawfully entitled to custody of an impounded vehicle
post bond but fail to appear after being notified of the time of the hearing, such bond
shall be forfeited.
(Ord. No. 1241, § 1, 5-22-95)
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27-8
Sec. 27-23. Wrecker or tow service, foreclosure of lien.
Any person or commercial towing service that tows and impounds a motor vehicle pursuant
to this chapter or any other legal request for towing and impounding by a law enforcement
officer of the City shall have a possessory lien as provided for under Kansas law, and shall
comply with all notice and disposition provisions for foreclosure of the lien as provided by
law. (Ord. No. 1241, § 1, 5-22-95)
Sec. 27-24. Tow Service Regulation.
Any person, firm, partnership or corporation desiring to perform wrecker or towing service
for the Merriam Police Department shall first be approved by the Chief of Police before
being added to the list of companies authorized to respond for wrecker or towing service
requests by the Merriam Police Department on a rotation basis. Any such wrecker or towing
service that meets the requirements of Section 27-25 and all other provisions of this Article
shall be eligible to be placed on such list and be called on such rotation basis. (Ord. No.
1241, § 1, 5-22-95)
Sec. 27-25. Requirements for approval.
The following requirements and criteria shall be met by any wrecker or towing service
seeking approval to be authorized and listed as eligible to respond to requests for towing
services by the Merriam Police Department.
a. Exclusive of legal holidays, each wrecker or towing service shall be open and
have a representative actually on the premises of the location or area where
towed vehicles are stored or kept 9-1/2 hours per day, from 8 a.m. to 5:30
p.m. Monday through Friday and from 10:00 a.m. to Noon on Saturday. In
addition thereto, each wrecker or towing service shall conspicuously post a
sign at the front of their business stating the business name and a telephone
number where information can be obtained about any vehicle towed or stored
by the business. (Ord. No. 1241, § 1, 5-22-95)
b. Towing and wrecker services and drivers must be available on a 24-hour,
seven-days-a-week basis. (Ord. No. 1241, § 1, 5-22-95)
c. Each towing and wrecker service must have properly zoned adequate storage
facilities within a radius of five (5) miles of the City Limits of Merriam,
Kansas. All automobiles towed pursuant to this chapter shall be stored within
said radius. The outside storage areas shall be fenced and secured, with at
least six foot high chain link fence. (Ord. No. 1241, § 1, 5-22-95)
d. Each towing and wrecker service must have available storage area which is
totally enclosed within a building for the protection and security of recovered
MERRIAM CODE TRAFFIC
27-9
stolen property to be processed and valuable property left in vehicles. (Ord.
No. 1241, § 1, 5-22-95)
e. Each towing and wrecker service must provide the City with proof of the
following insurance protection:
(1) Garage Keepers Legal Liability insurance in the amount of at least
$50,000 on each vehicle. Coverage is to include the perils of collision,
fire, lightning, explosion, theft, windstorm, hail, earthquake, flood,
vandalism and, damage caused by the collision of any conveyance
transporting the vehicle. (Ord. No. 1241, § 1, 5-22-95, Ord. No. 1444,
§ 2, 5-19-03)
(2) Garage Liability insurance to include the following:
Limits: $500,000 Each accident, Combined Single Limits,
Bodily Injury and Property Damage
Conditions: Premises & Operations Products/Completed
Operations Automobile, including:
(i) Owned
(ii) Hired
(iii) Non-Owned
(Ord. No. 1241, § 1, 5-22-95, Ord. No. 1444, § 2, 5-19-03)
(3) Proof of insurance must be furnished to the City in such form as may
be required by the City Clerk. (Ord. No. 1241, § 1, 5-22-95)
f. Each towing and wrecker service must be certified and designated as an agent
and authorized representative for the City of Merriam for the purposes of
towing, removing, storing and selling of abandoned motor vehicles. In
addition thereto, each towing and wrecker service must enter into and sign a
hold harmless agreement with the City and provide a surety bond in the
amount of $10,000. (Ord. No. 1241, § 1, 5-22-95)
g. The criteria and requirements set forth in subsections (a) through (g) shall not
apply when the person whose vehicle is to be towed shall indicate a
preference as to which towing and wrecker service is to be utilized or when
the person whose vehicle is to be towed shall request a specific towing or
wrecker service. (Ord. No. 1241, § 1, 5-22-95)
Sec. 27-26. Fees and charges.
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27-10
All wrecker or towing services shall provide to the City a current schedule of charges for
towing services and storage fees. (Ord. No. 1241, § 1, 5-22-95)
Sec. 27-27. Medicine or medical supplies in towed vehicles.
No wrecker or towing service, or owner, employee or agent thereof, shall prohibit or refuse
to allow the owner, operator, person in charge or possession of the towed and stored vehicle,
who has proof of title or registration, to retrieve any medicine or medical supplies from such
towed and stored vehicle. (Ord. No. 1241, § 1, 5-22-95)
No wrecker or towing service shall require the payment of any fees or charges before
permitting access to a person retrieving medicine or medical supplies permitted to be
retrieved under this section. (Ord. No. 1241, § 1, 5-22-95)
Sec. 27-28. Enforcement authority.
The Chief of Police shall establish, distribute and cause the enforcement of reasonable rules
and regulations for wrecker or towing services, subject to the provisions of this chapter, as
from time to time he or she deems appropriate for the safety, well-being and protection of
citizens and their property within the City of Merriam, Kansas. (Ord. No. 1241, § 1, 5-22-95)
Sec. 27-29. Suspension or revocation of approval and authorization; grounds.
The Chief of Police may order that the approval and authority of a wrecker or towing service
to respond to requests of said Police Department be suspended or revoked and order such
wrecker or tow service be struck from the rotational call list. Any such suspension shall be
effective until the deficiency is corrected or for a maximum of 60 days, said period to be
determined by the Chief of Police. If such approval and authority is revoked, such wrecker
or towing service shall not be eligible for reinstatement for at least one year from the date of
revocation.
Such suspension or revocation shall be by written notice to the wrecker or towing service
advising such service of its failure to comply with any of the requirements of this chapter or
of the violation by such wrecker or towing service of the following provisions upon which a
suspension or revocation may be based:
a. Obtaining the approval and authority by fraudulent conduct or false
statements;
b. The wrecker or towing service violated the fee and charge schedule by
overcharge;
c. Such wrecker or towing service consistently refuses to respond to requests for
such service by said Police Department or consistently fails to answer
telephone calls from said Police Department at the telephone number supplied
by the business for towing services;
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27-11
d. the wrecker or towing service responds to the scene of an accident,
emergency, or impoundment situation, when not specifically called to do so,
and solicits wrecker or towing business;
e. Failure to comply with any rules or regulations governing towing services
established by the Chief of Police.
f. The City of Merriam is not satisfied with the general services of the owner
and/or employees or with the cooperation it has received from such wrecker
or towing service or other justifiable cause.
(Ord. No. 1241, § 1, 5-22-95)
Sec. 27-30. Appeal of suspension or revocation.
Any wrecker or towing service’s approval and authority to respond to police requests which
are suspended or revoked by the Chief of Police may appeal such suspension or revocation to
the Finance, Administration and Operations Committee of said city by filing a written notice
of appeal with the Chief of Police within five (5) days of receipt of the notice of suspension
or revocation. The filing of such notice of appeal shall stay the effect of such suspension or
revocation until a hearing is held before said committee at its next regular meeting; provided,
however, that if the committee renders a decision upholding the suspension or revocation, the
wrecker or towing service may appeal such decision to the entire governing body of said city
at its next regular meeting. (Ord. No. 1241, § 1, 5-22-95)
The Finance, Administration and Operations Committee shall have the power to reverse,
alter, modify, uphold or increase any suspension or revocation ordered by the Chief of
Police. The Governing body shall have the power to reverse, alter, modify, uphold, or
increase any suspension or revocation ordered by the Chief of Police or said committee.
(Ord. No. 1241, § 1, 5-22-95)
