ORDINANCE NO.   8109

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING PORTIONS OF ARTICLE 2 OF CHAPTER XVII OF THE CODE OF THE CITY OF LAWRENCE, 2006 EDITION CONCERNING THE TOWING AND IMPOUNDMENT OF VEHICLES BY THE LAWRENCE POLICE DEPARTMENT

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Section 17-202 of the Code of the City of Lawrence, Kansas, 2006 Edition is amended to read as follows:

17-201             IMPOUNDMENT OF VEHICLES.

(A) The Police Department is hereby authorized and empowered to cause a vehicle to be removed and towed to and stored in a public garage or other depository provided by the City for such purposes when:

(1) A vehicle is parked in violation of this chapter and is likely to become an obstruction on a public way or is an obstruction or hazard in the event of fire or other emergency.

(2) A vehicle appears to be stolen, evidence of a crime, or abandoned, provided the Police Department has made a reasonable effort to contact the owner for immediate removal of the vehicle.

(3) A vehicle is driven by a person who has been arrested and taken into custody, provided no other authorized person is readily available to remove the vehicle or the vehicle is not lawfully parked at the time of the arrest.

(4) A vehicle is disabled by an automobile accident; or

(5) A vehicle is creating a serious safety hazard.

(6) Other reasonable grounds exist for impoundment of a vehicle following an arrest.

(B) Such garage or other depository shall not release a towed vehicle except upon receipt of written authorization from the Police Department.

Section 2.  Section 17-202 of the Code of the City of Lawrence, Kansas, 2006 Edition is amended to read as follows:

17-202              SAME; PARKED VEHICLES.

(A) Except for vehicles parked in compliance with Section 17-411, any vehicle parked for more than forty-eight (48) consecutive hours on a public street or parking lot in the City, and not included within the provisions of 17-201(A) may be removed and towed and stored in a public garage or other designated depository only after the owner or authorized operator has been given forty-eight (48) hours prior notice and an opportunity for hearing.  If the owner or authorized operator requests a hearing within the forty-eight (48) hour notice period, impoundment is prohibited pending an order of the court.

(B) Such notice shall be placed on a conspicuous spot on the vehicle in question and shall include:

(1) A declaration of the intent to impound;

(2) The basis for impoundment;

(3) The right to defer contest impoundment by request for a hearing; and

(4) The right to post bond for release of the a towed and impounded vehicle pending a hearing to contest the towing and impoundment.

Section 3.  Section 17-203 of the Code of the City of Lawrence, Kansas, 2006 Edition is amended to read as follows:

17-203 SAME; RELEASE OF VEHICLE.

Upon the posting of bond as established by the Municipal Judge and the showing of proof of valid registration and ownership of the motor vehicle to the Police Department, or upon posting of personal recognizance bond upon authorization by the Judge, the Police Department shall issue written authorization to release an impounded vehicle to the vehicle’s owner or other person lawfully entitled to the custody of the vehicle. The amount of the bond shall be substantially based on the costs of towing and storing the vehicle that were incurred prior to the posting of the bond.  If the person who posts bond fails to appear for a tow hearing as provided in this article then the bond shall be forfeited. authorized operator thereof.  Additionally and concurrently, the Police Department shall indicate in writing to the owner or authorized operator of a towed vehicle the right to contest the tow and impoundment date and time when the tow may be contested in Municipal Court.  The written release notification of the right to contest the tow and impoundment shall indicate that failure to appear at such date and time will result in bond forfeiture. 

Section 4.  Section 17-204 of the Code of the City of Lawrence, Kansas, 2006 Edition is amended to read as follows:

17-204 SAME; CONTACT OWNER.

Within forty-eight (48) hours after impoundment, the Chief of Police, or his authorized representative, shall diligently inquire as to the ownership of any unredeemed vehicle, shall use reasonable diligence to contact the owner by telephone and shall in all cases mail notice of vehicle impoundment to the registered owner thereof by certified mail. 

Section 5.  Section 17-204.1 of the Code of the City of Lawrence, Kansas, 2006 Edition is hereby enacted to read as follows:

17-204.1 SAME; TOW HEARINGS

(A) Owners or persons entitled to the lawful possession of a vehicle posted with a notice of intent to impound as set forth in Section 17-202(B) of this code or towed and impounded pursuant to this article may utilize the following procedure to request a hearing to contest the towing or impoundment of the vehicle in question.

(B) Hearings to contest a tow or impoundment shall be held in the Municipal Court.  A request for such a hearing must be filed in writing with the Clerk of the Municipal Court within the time limits specified below.  Hearings for vehicles that have been impounded and that have not been subsequently released to the vehicle’s owner or other person lawfully entitled to the possession of the vehicle shall be held within three business days of the filing of the request for hearing.  All other hearings under this article shall be held within ten business days unless continued for good cause.

(C) A request for hearing to contest a notice of intent to impound shall be filed prior to the expiration of the 48 hour notice period provided in Section 17-202(A).  In the event that an individual desires to request a hearing and if the Municipal Court will not open for business prior to the expiration of the 48 hour notice period, the request for hearing may be filed with a patrol supervisor of the Lawrence Police Department.  Such supervisor will forward the request to Municipal Court on the first day the Municipal Court is in session following receipt of the notice.  A request for hearing for a vehicle that has been towed or impounded shall be filed within ten days of the impounding of the vehicle or the mailing of the notice provided for in Section 17-204, whichever occurs last. 

(D) At any hearing under this section, the judge shall determine whether a sufficient factual basis exists to justify the towing and impoundment or the intended impoundment of the vehicle under the ordinances of the City of Lawrence. 

(1) In the case of the intended impoundment of a vehicle, if the judge determines that there is a sufficient factual basis to legally justify the intended impoundment of the vehicle under the ordinances of the City of Lawrence then the costs of any tow and impoundment based upon the facts and circumstances presented at the hearing shall be paid by the owner or other person entitled to the lawful possession of the vehicle before it will be released.  If the facts presented are found to be insufficient to justify the pending action then no City of Lawrence employee shall impound or order the impound of the vehicle based solely upon the facts and circumstances presented at the hearing.

(2) If a vehicle has been towed or impounded and the judge determines that there is a sufficient factual basis to legally justify the decision to tow and impound the vehicle under the ordinances of the City of Lawrence then the costs of the tow and impoundment shall be paid by the owner or other person entitled to the lawful possession of the car prior to its release.  If the facts presented are insufficient to lawfully justify the towing and impoundment of the vehicle then the vehicle shall be immediately released without the necessity of additional payment, and any bond posted in conjunction with the hearing shall be released.

(3) The costs of the impoundment shall include the towing charge, storage fees, publication fees, court costs and any other amounts reasonably incurred by the City in conjunction with the towing and impoundment of the vehicle.

(E) If a person requests and receives a hearing to contest the intended impoundment of a vehicle and the court finds that a sufficient factual basis for the intended impoundment exists, then that person is not entitled to subsequently contest at hearing the factual justification for a towing or impoundment of the vehicle ordered on the basis set forth in the intent to impound.  Further, no more than one hearing shall be held pursuant to this section for each incident where a vehicle has been towed.

(F) Owners of vehicles that are stolen and impounded under the provisions of this article shall be responsible for paying any charge for the towing or storage of the vehicle incurred by the City of Lawrence.

Section 6.  Section 17-205 of the Code of the City of Lawrence, Kansas, 2006 Edition is amended to read as follows:

17-205 SAME; MAIL NOTICE.

Any unredeemed motor vehicle which has been impounded as provided in this Section article for 30 days or more and which has been determined by the Chief of Police or his authorized representative to be either in a running condition or of a fair market value of not less than $100 shall be disposed of in the following manner:

If such motor vehicle has displayed thereon a registration plate issued by the Kansas Division of Vehicles and has been registered with said division, or if the vehicle bears no registration plate, the Chief of Police or his authorized representative shall request verification from the division of vehicles of the last registered owner and any lienholders. Such verification request shall be submitted to the Division of Vehicles not more than 30 days after the vehicle is impounded pursuant to this article.   The Chief of Police or his authorized representative shall, not more than 10 days after receipt of such verification mail a notice by certified mail to the last registered owner of the vehicle thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner resides, if registered in this state, stating that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred on the same within fifteen (15) days from the date of the mailing of the notice, the vehicle will be sold at public auction to the highest bidder for cash.  If the vehicle displays thereon a registration plate issued by any other state, the Chief of Police or his authorized representative shall use reasonable diligence in determining the title owner or if from a non-title state, the registered owner, of the vehicle, and shall reasonably attempt to provide the same notice specified above as for vehicles that are registered within the State of Kansas.  He shall inquire by mail of the office of the Register of Deeds of the county in which the title shows the owner resides, if registered in this state, as to whether there are any lienholders of record. 

Section 7.  Section 17-206 of the Code of the City of Lawrence, Kansas, 2006 Edition is amended to read as follows:

17-206              SAME; ADVERTISE SALE.

(A) After fifteen (15) days from the date of mailing notice, if the motor vehicle is more than four model years of age, or after thirty (30) days from the date of mailing notice, if the motor vehicle is four (4) model years of age or less, the Chief of Police or his authorized representative shall publish a notice for two (2) consecutive weeks in a newspaper of general circulation in the county where such motor vehicle was found which notice shall describe the motor vehicle by name of maker, model, serial number and owner, if known, and stating that the same has been impounded by said public agency the Lawrence Police Department and that the same will be sold at public auction to the highest bidder for cash if the owner thereof does not claim the same within ten (10) days of the date of the second publication of the notice and pay the removal and storage charges and publication costs incurred.

(B) If such motor vehicle does not display a registration plate issued by the Kansas Division of Vehicles and is not registered with said Division, the Chief of Police or his authorized representative after fifteen (15) days from the date of impoundment, may publish a notice in a newspaper of general circulation in the county where such motor vehicle was found, which notice shall describe the motor vehicle by maker, model, color and serial number and shall state that the same has been impounded and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim the same within ten (10) days of the date of the second publication of the notice and pay the removal and storage charges incurred. 

Section 8.  Section 17-208 of the Code of the City of Lawrence, Kansas, 2006 Edition is hereby repealed.

Section 9.   Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 10.  Repeal of Prior Law.  All previous versions of the sections of the Code of the City of Lawrence, Kansas amended in this ordinance are hereby repealed.

Section 11.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this  day of  , 2007.

PASSED:

Sue Hack, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Toni Ramirez Wheeler, Director of Legal Services