§ 31-34. Procedure for impounding motor vehicles.

(a)

The Riley County Police Department may impound and dispose of vehicles pursuant to and in compliance with K.S.A. 8-1101 et seq. or otherwise request for a vehicle to be moved as provided in K.S.A. 8-1103 et seq. pursuant to and in compliance with K.S.A. 8-1102. The governing body of the city hereby finds and determines that the absence of an engine in a vehicle in no way mitigates the effects of abandoning a vehicle or leaving a vehicle unattended in such a manner as to interfere with public highway operations and as a result the same public health, public safety and public welfare justifications which support and make necessary the motor vehicle impoundment and disposition authority and procedures set forth within K.S.A. 8-1101 et seq. support and make necessary the impoundment and disposition of any vehicle, as that term is defined in the Standard Traffic Ordinance for Kansas Cities as adopted and amended by the city, under the circumstances and for the reasons described for the impoundment and disposition of motor vehicles in K.S.A. 8-1101 et seq. These public health, public safety and public welfare justifications include the public's interest in the safe and orderly flow of traffic and the efficient and predictable removal of vehicles that have been abandoned or left on a public highway or other property open to use by the public or on other real property which is not owned or leased by the person abandoning or leaving the vehicle or by the owner or lessee of such vehicle. Therefore, the Riley County Police Department is hereby additionally empowered to impound and dispose of vehicles that are not motor vehicles under the circumstances described and pursuant to and in compliance with the procedures set forth within K.S.A. 8-1101 et seq. for motor vehicles. In the alternative, the Riley County Police Department may also, under the circumstances described and pursuant to and in compliance with the procedures set forth within K.S.A. 8-1102, request for such vehicles to be moved by a wrecker or towing service under the circumstances described and pursuant to and in compliance with the procedures set forth within K.S.A. 8-1103 et seq. The removal, recovery, release, transportation, protection, storage and safekeeping of a vehicle, including the personal property contained therein, that is requested to be removed by a wrecker or towing service pursuant to this section shall only be accomplished pursuant to and in accordance with the provisions of K.S.A. 8-1103 et seq.

(b)

The governing body of the city hereby finds and determines that unattended vehicles which are stopped, stood or parked in violation of the Standard Traffic Ordinance for Kansas Cities, as adopted and amended by the city, interfere with public highway operations in several ways, including:

(1)

Negatively affecting the safe and lawful use of the public sidewalks and highways of the city by pedestrians and impeding the safe and orderly flow of traffic alongside or opposite street excavations and obstructions, upon bridges and other elevated structures, within highway tunnels and over or near railroad tracks, railroad crossings and fire stations;

(2)

Preventing firefighting and emergency medical equipment, including vehicles used for firefighting or emergency medical purposes, from being maneuvered, parked, located and stood to maximize safe and orderly vehicular traffic upon the public highways or other property open to use by the public while maintaining the safety of emergency response personnel and other persons which may be present during an incident;

(3)

Causing an unusual delay to traffic that impedes the travel of persons, vehicles and emergency response personnel and equipment;

(4)

Preventing or otherwise frustrating the use of public highways or other property open to use by the public by adjacent private property owners and other users of such public highways and other property open to use by the public;

(5)

Creating a potentially hazardous condition; and

(6)

Endangering the safety and welfare of persons and property by forcing drivers or operators of vehicles which are empowered to stand and park in certain locations to seek other locations to stand and park such vehicles that may not offer the same safety and accommodation of surrounding traffic for the loading or unloading of merchandise or passengers.

Therefore, unattended vehicles which are stopped, stood or parked in violation of the Standard Traffic Ordinance for Kansas Cities, as adopted and amended by the city, are subject to immediate removal and impoundment pursuant to K.S.A. 8-1101 et seq.

(c)

The governing body of the city hereby finds and determines that unattended vehicles which are stopped, stood or parked in violation of section 31-203 of the Code of Ordinances, City of Manhattan, Kansas, interfere with public highway operations in several ways, including preventing the safe and orderly removal and remediation of snow upon the streets of the city which may cause a delay to traffic that impedes the travel of persons, vehicles and emergency response personnel and equipment thereby endangering the safety and welfare of persons and property. Therefore, unattended vehicles which are stopped, stood or parked in violation of section 31-203 of the Code of Ordinances, City of Manhattan, Kansas are subject to immediate removal and impoundment pursuant to K.S.A. 8-1101 et seq.

(d)

If an impounded vehicle is registered in another state or bears no registration plates and the Riley County Police Department impounds such vehicle, the Riley County Police Department shall, in addition to any and all procedures set forth in K.S.A. 8-1102, take prompt action that is reasonably calculated to apprise the owner and lienholder, if any, of the vehicle's location and potential disposition. Such action may include, but is not limited to, contacting the department of motor vehicles of other states to learn to whom the vehicle is registered, performing a check with the Federal Bureau of Investigation's National Crime Information Center to determine whether the vehicle has been stolen or obtaining a report from CARFAX or an equivalent entity which shows the state in which the vehicle is titled and/or registered and the presence of any liens. If a report from CARFAX or an equivalent entity is obtained, the Riley County Police Department shall subsequently inquire with the appropriate employees and officials of the state in which the vehicle is titled and/or registered to determine the names and addresses of its owner(s) and any lienholders. If the Riley County Police Department is unsuccessful in determining the name and address of the owner or any lienholder of the vehicle, they shall publish a notice once each week for two consecutive weeks in the official city newspaper describing the vehicle by name of maker, model, color and serial number (if any), and shall further state the reasons for the impoundment, information regarding the rights of the owner/lienholder in the recovery of the vehicle and a statement that unless the owner/lienholder takes action within ten days of the date of the second publication, the vehicle will be sold at public auction to cover the removal and storage costs and publication costs incurred by the Riley County Police Department. If the Riley County Police Department is successful in locating the name and address of the owner or any lienholder, they shall be afforded the same notice by certified mail as set forth in K.S.A. 8-1102(a)(2) for owners registered with the Kansas Department of Revenue Division of Vehicles.

(e)

Whenever the Riley County Police Department has complied with the foregoing provisions of K.S.A. 8-1102 and this section with respect to any impounded vehicle, and the owner or lienholder does not exercise any of his rights as set forth in K.S.A. 8-1102 and this section within the time stated in the notice, the Riley County Police Department may, pursuant to K.S.A. 8-1102 and this section, directly or through its designated agent sell the vehicle at public auction to the highest bidder for cash.

(f)

Once any vehicle has been impounded pursuant to K.S.A. 8-1102 and this section or moved as provided in K.S.A. 8-1103 et seq. in response to a request from an officer of the Riley County Police Department, the owner or lienholder may:

(1)

Immediately pay the accrued wrecker or towing service fees and storage fees, and thereby regain possession of the vehicle;

(2)

Provide a surety bond in the amount of the accrued wrecker or towing service fees and storage fees, and thereby immediately regain possession of the vehicle. Upon the posting of a surety bond, the clerk of the municipal court shall schedule a hearing on the validity of the removal or impoundment to be held before the municipal court on a regularly scheduled court day not more than ten calendar days following the posting of the surety bond. If the judge of the municipal court finds that there was no probable cause that the traffic violation attendant with the removal or impoundment occurred and the removal or impoundment was not otherwise justified pursuant to this section and K.S.A. 8-1102, the vehicle shall be immediately released to its lawful owner or possessor without the payment of wrecker or towing service fees and storage fees or any other costs, and the bond posted shall be returned. Upon such a finding, the city shall pay the wrecker or towing service fees and storage fees to the wrecker or towing service which had been in possession of the vehicle; or

(3)

Demand a hearing on the validity of the removal and impoundment, to be held before the municipal court on the next regularly scheduled court day following the demand. If the judge of the municipal court finds that there was no probable cause that the traffic violation attendant with the removal or impoundment occurred and the removal and impoundment was not otherwise justified pursuant to this section and K.S.A. 8-1102, the vehicle shall be immediately released to its lawful owner or possessor without the payment of wrecker or towing service fees and storage fees or any other costs. Upon such a finding, the city shall pay the wrecker or towing service fees and storage fees to the wrecker or towing service which had been in possession of the vehicle.

(g)

No vehicle shall be returned until the owner/lienholder provides proof of valid registration (if the vehicle is required to be registered by law) and ownership of the vehicle.

(Ord. No. 7144, § 1, 6-16-15)