ORDINANCE NO.   8421

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTION 17-201 AND ENACTING SECTION 17-203.1 OF THE CITY CODE CONCERNING THE COST OF AND CONDITIONS FOR THE INVOLUNTARY TOWING OF VEHICLES FROM WITHIN THE CITY OF LAWRENCE.

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

Section 1.  Section 17-201 of the Code of the City of Lawrence, 2009 Edition and amendments thereto, is hereby 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.

(C)        Within two hours of any towing or removal of a vehicle under the authority of this section, the tow operator shall inform the Police Department of the location where the vehicle has been towed for storage.

(D)        The owner of any vehicle towed pursuant to this section shall have access to personal property in such vehicle on or before 48 hours after the vehicle is towed.

Section 2.  Section 17-203.1 of the Code of the City of Lawrence, 2009 Edition and amendments thereto, is hereby enacted to read as follows:

17-203.1            TOW AND STORAGE COSTS

(A)        The maximum tow fee for two, three and four wheeled passenger vehicles towed under the authority of this Article shall be $150.00.  The maximum tow fee for all other vehicles, including trucks with more than 4 wheels, shall be $600.00.

(B) The maximum storage fee for vehicles stored after being towed under the authority of this Article shall be $40.00 per day.

Section 3.  Repeal of Prior Law.  Section 17-201 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby repealed, the intent being to enact substitute provisions as provided by this ordinance.

Section 4.  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 5.  Effective Date.  This ordinance shall take effect and be in full force and effect on the first day of July, 2009 and following its adoption and publication as provided by law.

Adopted this  day of  , 2009.

PASSED:

Robert Chestnut, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

                                                                        _

Toni Ramirez Wheeler, Director of Legal Services