10.25.040 Notification of impoundment and procedure for claiming impounded vehicles.
(a) The City adopts the provisions of K.S.A. 8-1101 and 8-1102 and amendments thereto, with regard to impounding, storage, notification to owners and lienholders of record concerning the seizure and disposition of abandoned vehicles. Such notice is to be mailed before the close of the first full working day after the towing.
(b) Once a vehicle has been impounded, the owner/lienholder may:
(1) Immediately pay the accrued towing fee and storage charges, and thereby regain possession;
(2) Sign a signature bond in the amount of the accrued towing fee and storage charges, and thereby regain possession; or
(3) Refuse the options in subsections (b)(1) and (b)(2) of this section, and demand a hearing on the validity of the towing, to be held before the Municipal Court judge before the second full working day following such demand. Before the owner/lienholder can regain possession, however, the Municipal Court judge must determine whether or not there was probable cause for the towing. If there was probable cause, the judge will thereby order the owner/lienholder to comply with subsection (b)(1) or (b)(2) of this section before possession may be regained. If no probable cause for the towing can be shown, the vehicle shall be returned to the owner/lienholder.
No vehicle shall be returned until the owner/lienholder provides sufficient documentation to establish right to possession. After the vehicle is returned to the owner/lienholder pursuant to this subsection, trial on the traffic violation which led to the actual towing shall then be scheduled in accordance with the normal Municipal Court schedule. Nothing in this section shall prohibit the owner/lienholder from entering a plea of guilty, paying all fines and charges incurred and thus avoiding going to trial.
(c) Whenever a traffic violation is dismissed, or an owner/lienholder is acquitted, or it is otherwise determined that the towing of a vehicle was improper, and the owner/lienholder has already paid the towing fee and storage charges pursuant to subsection (b) of this section, such fees and charges shall be automatically refunded by the City. Refunds may be ordered by the Municipal Court, and the owner/lienholder shall not be required to resort to the procedure of submitting a claim for the City Council’s consideration.
(d) The right of the owner/lienholder, in addition to being set forth in the certified letter as provided for in subsection (a) of this section, shall be made known by the posting of prominent signs in English and Spanish at the Police Department impoundment lot and also at the police headquarters where the owner/lienholder may inquire as to the status of such vehicle. (Ord. 16436 § 1(43-405), 3-17-92. Code 1995 § 142-269.)
Cross References:Municipal Judge, TMC 2.20.060.