IMPOUNDING

§ 72.25 IMPOUNDMENT OF VEHICLES AUTHORIZED; REDEMPTION.

   (A)   All police officers are empowered to authorize the impoundment of a vehicle violating vehicle-related ordinances after a citation has been issued.

   (B)   A vehicle slated for impoundment will be tagged and placed under control of the Police Department. Should a vehicle be moved without the consent and approval of the Police Department, a warrant shall be issued immediately for the violator’s arrest.

   (C)   All fines, fees and charges must be paid in full before a release of impoundment can be issued for the vehicle’s release.

   (D)   At the discretion of the police officer, any vehicle parked in an area designated as no parking, parked in a manner blocking a portion of any street or alley, parked in a space designated for parking for persons with disabilities without a visible permit, parked in a space designated as two-hour parking for more than four hours or abandoned on any street or alley within the city, may be towed to a secure facility by an individual or corporation designated by the city for such service. The cost of towing and storing the vehicle shall be assessed against the registered owner of the vehicle and may be collected by the individual or corporation towing and storing same as provided in §§ 72.26 and 72.27 of this code.

(Prior Code, § 72.20) (Ord. 577, passed 5-2-1995)

§ 72.26 REQUIRED NOTICE TO OWNER.

   (A)   When a motor vehicle has been involuntarily towed or transported pursuant to order of police, other public authority or private person or business for any reason or when the vehicle has been stolen or misappropriated and its removal from the public ways has been ordered by police, other public authority or by a private person or business, or in any other situation where a motor vehicle has been involuntarily towed or transported by order of police, other authority or by a private person or business, the police, other authority or a private person or business shall attempt to ascertain from the state’s Transportation Cabinet the identity of the registered owner of the motor vehicle or lessor of a motor carrier as defined in KRS Chapter 281, and within ten business days of the removal shall, by certified mail, attempt to notify the registered owner at the address of record of the make, model, license number and vehicle identification number of the vehicle, of the location of the vehicle and the requirements for securing the release of the motor vehicle.

   (B)   If a vehicle described in division (A) above is placed in a garage or other storage facility, the owner of the facility shall attempt to provide the notice provided in division (A) above by certified mail to the registered owner at the address of record of the motor vehicle or lessor of a motor carrier as defined in KRS Chapter 281 within ten business days of recovery of, or taking possession of the motor vehicle. This notice shall contain the information as to the make, model, license number and vehicle identification number of the vehicle, the location of the vehicle and the amount of reasonable charges due on the vehicle. When the owner of the facility fails to provide notice as provided herein, the motor vehicle storage facility shall forfeit all storage fees accrued after ten business days from the date of tow. This division (B) shall not apply to a tow lot or storage facility owned or operated by the city.

(KRS 376.275(1), (2)) (Prior Code, § 72.21)

§ 72.27 SALE OF VEHICLE.

   (A)   Any 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 § 72.26 of this code, 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 or her possession.

   (B)   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.

   (C)   (1)   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.

      (2)   This lien shall be subject to prior recorded liens.

(KRS 376.275(3)) (Prior Code, § 72.22)

SNOW EMERGENCY

§ 72.40 ANNOUNCEMENT OF SNOW EMERGENCY.

   (A)   Whenever the Chief of Police or other 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 he or she finds 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 such parking be prohibited, he or she is authorized to announce such prohibition to become effective at a time specified by him or her. After the effective time of such 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 Chief of Police or other 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 such fall.

   (B)   The prohibition of parking announced by the Chief of Police or other authorized city official under the authority of this section shall remain in effect until he or she 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.

(Prior Code, § 72.35) Penalty, see § 72.99

§ 72.41 TERMINATION OF EMERGENCY.

   Whenever the Chief of Police or other authorized city official shall find that some or all of the conditions which gave rise to the snow emergency prohibition no longer exist, he or she is authorized to declare the termination of the emergency, in part or in whole, effective immediately on announcement. If such announcement is made other than between 6:00 a.m. and 11:00 p.m., it shall be repeated between those hours.

(Prior Code, § 72.36)