(A) The Police Department is authorized to remove and tow away, or have removed and towed away by a commercial towing service, any vehicle illegally parked in any place where the parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant, obstructs or may obstruct the movement of any emergency vehicle, or obstructs the entrance to any driveway or alley, or has been illegally parked for a period of over 24 hours on any city street, city parking lot or other city property.
(B) Vehicles towed away for being illegally parked shall be stored in a safe place and shall be restored to the owner or operator of the vehicle upon the payment of the traffic fine imposed plus the actual cost in towing and storing the vehicle.
(C) Any entity or person engaged in the business of storing or towing motor vehicles in either a private capacity or for the city who has substantially complied with the requirements of applicable law 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, her or its 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 10 days prior to the time and place of the sale. Should the proceeds of the sale of any vehicle pursuant to this section be insufficient to satisfy the accrued charges for towing, transporting and/or storage, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of unpaid towing, transporting and/or storage charges by the owner or responsible casualty insurer of the vehicle. This lien shall be subject to prior recorded liens.
(D) A lienholder having a prior recorded lien listed on the title issued by the Commonwealth of Kentucky shall be notified by certified mail within the first 15 days of impoundment. The letter shall include the make, model, license number, vehicle identification number, owner's name and last known address, and tentative date of sale for the vehicle. If the above-referenced certified letter is not sent within the 15 days by the towing and storage company, then only 15 days of storage may be charged. The lienholder has the right to take possession of the motor vehicle after showing proof of lien still in force, and paying the reasonable or agreed towing and storage charges on the motor vehicle. Nothing in this section shall allow the transfer of a vehicle subject to a lien, except as provided in KRS 186A.190.
(E) The term POLICE DEPARTMENT means any law enforcement agency which has agreed with the City Council to provide law enforcement services within the city.
(Ord. 2005-02, passed 1-4-2005; Am. Ord. 2019-015, passed 1-6-2020)