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(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"FIRE LANE." Any restricted street upon which a sign designating that the street or portion thereof is a fire lane in order to facilitate the providing of fire services in the city.
"PARK" or "PARKING." The standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs, or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle.
"SIGN." Any work, lettering, figures, numbers, phrases, sentences, devices, designs, and such which is affixed to or represented directly or indirectly upon a building, structure or piece of land and which directs attention to a place which is visible from any street, road, or highway in the city.
"STREET." Any public-city street, avenue, road, alley, highway, or other public place located in the city and established for the use of vehicles.
"VEHICLE." Any device in, upon, or by which any person or property is or may be transported upon a highway.
(B) As authorized by § 70.16, various named and described areas, streets, or portions of streets and such other areas, streets, or portions of streets as may hereafter be listed by inventory with the City Clerk-Treasurer, and lying within the corporate limits of the city, have been designated by the posting of the appropriate sign or signs as no parking or no parking - fire lane zones or have other parking restrictions. All frontages in these squares, streets, or avenues defining these zones to be included therein.
(C) No person shall permit a vehicle to remain or be placed in any zone designated by the posting of the appropriate signs as "No Parking" or designated with some other parking restriction other than "No Parking - Fire Lane" and thereby does violate or does fail to comply with any of the provisions of any relevant ordinance, or shall counsel, aid, or abet any such violation or shall fail to comply.
(D) No person shall permit a vehicle to remain or be placed in any zone designated by the posting of the appropriate signs as "No Parking - Fire Lane" or words of similar effect restricting parking in an area for the purpose of providing fire service and thereby does violate or does fail to comply with any of the provisions of any relevant ordinance or shall counsel, aid, or abet any such violation or shall fail to comply.
(Ord. 1978-3, passed 1-9-78; Am. Ord. 1992-20, passed - -) Penalty, see § 72.99
IMPOUNDING
(A) Any police officer may impound and cause to be towed any motor vehicle which falls within any of the following categories.
(1) Stolen.
(2) Parked in violation of law.
(3) Involved in an accident.
(4) Declared delinquent because of two or more outstanding traffic citations which have not been paid or registered for court in accordance with the provisions of the Code of Ordinances.
(5) Does not display currently valid license plates.
(6) Parked so as to block ingress or egress to a street, alley, roadway, driveway, parking facility, or loading facility.
(7) In the possession of a physically arrested person.
(8) Driven by a person who is under the influence of alcohol or drugs or a combination thereof.
(9) The person in possession of the motor vehicle requests it to be impounded for safekeeping.
(B) A motor vehicle which is subject to impoundment under divisions (A)(7) and (8) above shall not be impounded if title or right to possession of the motor vehicle can be readily established at the location where the motor vehicle, the person in possession of the motor vehicle, or the person to whom possession of the motor vehicle is to be given, and if the motor vehicle can be safely and legally parked at its location; or the driver is able to arrange for someone to take care of the motor vehicle after being given a reasonable opportunity to do so. However, the driver may request that the motor vehicle be impounded for safekeeping after being advised of his driver's rights under this division (B).
(C) A motor vehicle shall not be declared delinquent until written notice of at least two outstanding traffic citations have been given to the registered owner of the motor vehicle against which the traffic citations were issued. Notice, when practicable, shall be given by regular U.S. mail sent to the last known address of the registered owner. Notice by regular U.S. mail shall be deemed delivered unless the notice is returned as undeliverable within ten days of mailing. Where notice by mail is not practicable, written notice of possible impoundment placed on the motor vehicle at the time of citation shall be deemed to be sufficient notice. The written notice sent by regular U.S. mail shall include the following.
(1) Identity of the outstanding traffic citations.
(2) How information regarding the outstanding traffic citations can be obtained.
(3) Persons to whom evidence of prior disposition of the outstanding traffic citations may be submitted.
(4) A warning that failure to pay the traffic citations or to register the traffic citations for an appeal may subject the motor vehicle to impoundment.
(D) Any motor vehicle impounded as delinquent shall be released upon proof of payment or registration of the outstanding traffic citations for court, and payment of the accumulated impounding and storage fees.
(Ord. 1986-17, passed 6-4-86; Am. Ord. 2006-8, passed 8-14-06)
(A) (1) An abandoned or illegally parked vehicle may be removed by the owner or operator of the vehicle at any time prior to the vehicle becoming physically attached to a wrecker or tow truck.
(2) After a vehicle has been physically attached to a wrecker, but before the wrecker has left the scene, the owner or operator of the vehicle may take possession of the vehicle only on payment to the wrecker driver a fee set by the towing company in return for which the wrecker driver shall issue a receipt to the owner or operator.
(B) Neither the removal of a vehicle by an owner or operator as referred to in division (A)(1) nor the issuance of the release referred to in division (A)(2) shall be construed as relieving the owner or operator of any such vehicle from responsibility for any violation of the traffic code with which he may be charged.
(Ord. 2006-8, passed 8-14-06)
The Chief of Police shall contract with independent wreckers and award contracts for a one-year period. The independent wreckers shall furnish emergency wrecker services and these services shall be performed on a 24-hour basis. The wrecker's qualifications shall be determined by the Chief of Police. The wreckers shall be equipped to perform the services with efficiency. The contractor is to protect the city by furnishing insurance fully covered as to public liability, property damage, cargo, workman's compensation, and any other insurance necessary in the performance of its duties.
(Ord. 2006-8, passed 8-14-06)
Any person engaged in the business of storing or towing motor vehicles for the city shall have a lien on the motor vehicle for the reasonable or agreed charges for storing or towing the vehicle as long as it remains in his possession. If after a period of 45 days, the reasonable or agreed charges for storing or towing a motor vehicle have not been paid, the motor vehicle may be sold to pay the charges after the owner has been notified by certified mail ten days prior to the time and place of the sale. If the proceeds of the sale of any vehicle pursuant to this section are insufficient to satisfy accrued charges for towing, transporting, and storage, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of unpaid towing, transporting, and storage charges by the owner or responsible casualty insurer of the vehicle. This lien shall be subject to prior recorded liens.
(Ord. 2006-8, passed 8-14-06)
Cross-reference:
Sale of vehicle, see KRS 376.275(3)
PARKING VIOLATIONS; HEARING BOARD
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