§ 31-35. Parking on private property without authority prohibited; procedure for removal described.

(a)

Except as provided in subsection (b), it is unlawful for any person to park, store, leave or abandon a vehicle or cause a vehicle to be parked, stored, left or abandoned on real property without authority from the owner or occupant of such real property.

(b)

It shall not be a violation of this section to park a vehicle on public property, as long as such parking is in compliance with all applicable laws, ordinances, rules and regulations. It shall not be a violation of this section to park a vehicle on private property, which is both open to use by the public for such purpose and is designed and intended for the parking of motor vehicles. For the purposes of this section, private property is not "open to use by the public", if it is:

(1)

Being used as either single-family residential or two-family residential; or

(2)

Restricted to parking for a particular purpose, or to certain vehicles or users, and the public is notified of such restrictions by signs erected on the property in compliance with subsection (c) hereinafter.

Nothing contained within this section shall be deemed to permit the parking of motor vehicles at any location where such parking is otherwise prohibited by law.

(c)

Signs restricting parking pursuant to subsection (b)(2) shall comply with the following:

(1)

All such signs shall be at least 18 inches wide, and 24 inches tall, and shall be posted on a pole or other structure between four feet and eight feet above the ground.

(2)

The signs shall reasonably inform the users of the parking area of the restrictions as to its use. In addition to wording informing the users of such restrictions, such signs shall contain wording at the top stating "RESTRICTED PARKING" and shall contain wording at the bottom stating "VIOLATORS WILL BE TOWED AT VEHICLE OWNERS EXPENSE".

(3)

At least one sign shall be placed at all entrances to the parking area and positioned so that the operator of a vehicle entering the parking area can observe the sign. A minimum number of signs, equal to one for each ten parking spaces within the parking area, shall be located uniformly throughout the parking area. The requirements set forth in this subparagraph (3) shall not apply to parking areas that contain more than 50 parking spaces. In parking areas that contain more than 50 parking spaces, the number, and location, of such signs shall be established by the director of the Riley County Police Department, or his designee. The number and location of such signs shall be determined in a manner to reasonably notify the users of such parking area of the restrictions.

(d)

In any prosecution charging a violation of this section, proof that the particular vehicle described in the complaint was in violation of this section, together with proof that the defendant named in the complaint was at the time of the violation a registered owner of such vehicle, shall constitute a prima facie presumption that said registered owner of such vehicle was the person who parked such vehicle. In addition to all other penalties which are applicable to a conviction of this section, the judge of the municipal court may require a person convicted of this offense to reimburse any person who has incurred costs related to the removal and impoundment of such vehicle.

(e)

After issuing a citation for a violation of this section, the Riley County Police Department may request for a wrecker or towing service to remove the vehicle for which the citation was issued from the property. 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.

(f)

Any person who violates the provisions of this section shall, upon conviction thereof, be fined in any sum not exceeding $50.00.

(Ord. No. 7144, § 1, 6-16-15)