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(A) Any person engaged in the business of storing or towing motor vehicles who has complied with notification requirements laid out in state law shall have a lien on the motor vehicle and its contents, except as set forth in KRS 376.275(2) for the applicable and reasonable charges assessed in accordance with KRS 376.275(5) and (8) as long as it remains in his or her possession.
(B) If, after a period of 45 days, the applicable and reasonable charges assessed in accordance with KRS 376.275(5) and (8) have not been paid, the motor vehicle and its contents, except in set forth in KRS 376.275(2), may be sold to pay the charges after the owner and any lienholder have been notified by certified mail at the addresses specified in state law, 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, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of unpaid charges by the owner or responsible casualty insurer of the vehicle. This lien shall be subject to prior recorded liens, unless released by any existing lienholder pursuant to this division (B).
(KRS 376.275(1))
SNOW EMERGENCY
Whenever the City Commission or any authorized city official finds that falling snow, sleet or freezing rain will create a condition which makes it necessary that the parking of motor vehicles on snow emergency routes be prohibited, or whenever it is found on the basis of a firm forecast of snow, sleet or freezing rain that the weather conditions so forecasted may create a condition making it necessary that parking be prohibited, the Commission or city official is authorized to announce the prohibition, to become effective at a time specified by him, her or it. After the effective time of the prohibition, no person shall park any vehicle or permit any vehicle to remain parked on a snow emergency route. However, if a fall of snow, sleet or freezing rain occurs after 11:00 p.m. and prior to 6:00 a.m., and the City Commission or any authorized city official has not announced prior to 11:00 p.m. that parking on snow emergency routes is to be prohibited after a specified time, a vehicle parked on a snow emergency route may remain so parked until 7:00 a.m. following the fall. The prohibition of parking announced by the City Commission or any authorized city official under the authority of this section shall remain in effect until the Commission or city official announces the termination of the snow emergency, in part or in whole, after which the prohibition of parking authorized by this section shall no longer be in effect.
Penalty, see § 72.99
Whenever the City Commission or any authorized city official shall find that some or all of the conditions which gave rise to the snow emergency prohibition no longer exist, the Commission or city official is authorized to declare the termination of the emergency, in part or in whole, effective immediately on announcement. If the announcement is made other than between 6:00 a.m. and 11:00 p.m., it shall be repeated between those hours.
(A) Any person receiving a citation for any parking violation in the city shall be deemed to have committed a violation and shall be fined in an amount not less than $20 nor more than $100 for each offense. Middletown Police Officers are hereby empowered to issue civil citations (parking tickets) for any violation of this chapter. The city shall promulgate a schedule of fines for each specific violation under this chapter.
(B) Impoundment of vehicles.
(1) In addition to any fine imposed, any vehicle abandoned or illegally parked on the public ways may be removed at the direction of the Chief of Police or his or her designated agent to a tow lot designated by the city. The vehicle may be reclaimed by the owner at the owner’s expense including all towing and storage charges and payment of all fines imposed by the city. The Chief of Police or his or her designated agent shall release a vehicle to its legal owner without fine if it has been determined by the city police that the vehicle was stolen,
(2) In addition to the penalties levied for the parking violations, the city hereby imposes towing, holding, and storage charges upon such impounded vehicle. In the event the condition of the vehicle or circumstances of the tow requires the employment of extraordinary services or equipment, the reasonable charges of the towing operator, as approved by the Chief of Police, for such shall be added to the fee. Release of an impounded vehicle is conditioned upon the payment of the penalty levied for the parking, violations and/or the towing, holding, and storage charges imposed thereon.
(3) Any vehicle remaining in the possession of the contracted tow lot to which it has been delivered and with which it has remained for a period of 60 days without being reclaimed by the rightful owner thereof, and without the payment of the towing and storage charges thereon, may after authorization of the Chief of Police or his or her designated agent, be sold to pay the towing and storage. The advertisement of the proposed sale shall be published as set forth in KRS 424.130. The last advertisement shall be made at least seven days before sale is held. Notice of sale shall be sent by registered mail to the owner of the motor vehicle, and to any other person known to have any interest therein, addressed to the person at their last known address at least ten days before the sale is held.
(C) Appeal. The citation as notice of the parking violation represents a determination that a violation has been committed, and such determination shall be final unless contested to the Code Enforcement Board, under the procedure set out in Chapter 39 of the City of Middletown Code of Ordinances.
(Ord. 03-08-18-D, passed 4-12-2018)