[Code 1983; Ord. No. 643 §1, 1983; CC 2000 §14-501]
In the circumstances hereinafter enumerated, preservation of public safety and welfare requires that immediate action be taken to remove motor vehicles from the public right-of-way. Therefore, any Law Enforcement Officer acting in his/her official capacity is hereby authorized to exercise his/her discretion to order the towing or removal of any unoccupied vehicle from any street, alley, highway, sidewalk or any other public way or place or from any restricted or prohibited parking area, without notice to or permission of the owner or person using the motor vehicle, to a public or private garage or yard suitable for the storage of impounded vehicles under any of the following circumstances:
When any vehicle is left unattended on any bridge, causeway or viaduct where such vehicle constitutes an obstruction to the normal movement of traffic.
When a vehicle on a street is so disabled as to constitute an obstruction to traffic or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal.
When any vehicle is left unattended upon a street and is parked so illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
When the driver of a motor vehicle is taken into custody by the Police Department and such vehicle would thereby be left unattended on a street.
When removal is necessary in the interest of public safety because of fire, flood, storm or other emergency reasons.
When a driver, owner or person in charge of such vehicle fails to appear in Municipal Court after a warrant has been issued and served upon said owner or person charged with a violation of the provisions of any traffic or parking law of the City.
When such vehicle is subject to tow or removal under the provisions of any Section of this Code or other ordinances of the City.
When the driver of any vehicle or the vehicle in which he/she is in is reasonably suspected of having being involved in any hit-and-run accident.
When any vehicle is reasonably suspected of being a stolen vehicle or parts thereof to be stolen parts.
When the driver of any vehicle is taken into custody for suspected felony or misdemeanor or when the vehicle is suspected of containing stolen goods or other contraband.
When any vehicle is illegally left standing under such circumstances as to obstruct the normal movement of traffic from or to private property.
[Code 1983; Ord. No. 643 §2, 1983; CC 2000 §14-502]
Vehicles which are not subject to being impounded under the provisions of Section 325.010 may not be towed until the driver, owner or person in charge of such vehicle has been notified and given an opportunity to remove the vehicle within forty-eight (48) hours. However, where the driver, owner or person in charge of the vehicle cannot be located after a bona fide effort has been made to do so, then such vehicle may be towed and impounded as provided under this Article.
[Code 1997; CC 2000 §14-504]
Whenever, pursuant to the terms of this Chapter, at the direction of a Law Enforcement Officer of the City, a vehicle has been stored in any public or private garage or yard maintained or designated by the City for the storage of impounded vehicles for a period of sixty (60) days after the wrecker or towing service was provided, it may be sold to pay the reasonable or agreed charges for such recovery, transportation, protection, storage or safekeeping of such vehicle and personal property therein. The costs of such sale, the costs of notice to the owner of the vehicle and publication as required by this act, except that any such vehicle and personal property of a total value of less than one thousand dollars ($1,000.00) may be sold at any time, after giving the notices required by K.S.A. 8-1103 and any of its supplements or amendments, unless a court order has been issued to hold such vehicle for the purpose of a criminal investigation or for use as evidence at a trial. If a court orders any vehicle to be held for the purpose of a criminal investigation or for use as evidence at a trial, then such order shall be in writing; and the court shall assess as costs the reasonable or agreed charges for the protection, storage or safekeeping accrued while the vehicle was held pursuant to such written order.
Before any such vehicle and personal property is sold, the person intending to sell such vehicle shall request verification from the Division of Vehicles of the last registered owner and any lienholders, if any. Such verification requests shall be submitted to the Division of Vehicles no less than forty-five (45) days nor more than sixty (60) days after such person took possession of the vehicle, except that if the value of the vehicle and personal property is less than one thousand dollars ($1,000.00), the verification request shall be submitted to the Division of Vehicles within sixty (60) days after such person took possession of the vehicle. Notice of sale, as provided in K.S.A. 8-1102 and K.S.A. 8-1104, will be sent to the last registered owner and any lienholders(s) from the Division of Vehicles. The person intending to sell such vehicle and personal property shall cause a notice of the time and place of sale, containing a description of the vehicle and personal property, to be published at least weekly for three (3) weeks prior to the sale. Notices given under this Section shall state that if the amount due, together with storage, publication, notice and sale costs, is not paid within fifteen (15) days from the date of mailing, the vehicle and personal property will be sold at public auction.
All sales under this act shall be at public auction for cash.
The proceeds of such sale, after the payment of all charges and expenses of notice, publication and sale shall be paid to the City Clerk of the City. Copies of the notices and publication required by this act, K.S.A. 8-1102 and K.S.A. 8-1104 and an affidavit of the person providing wrecker or towing service setting forth the claim and actual expenses of notice, publication and sale shall also be filed with the City Clerk.