(A) (1) The city may impound any motor vehicle parked, stopped or standing upon a street or public way within the city in violation of any ordinance or statute prohibiting parking, stopping or standing in the location, manner or at the time the vehicle is cited for any other lawful reason.
(2) The city may also impound a motor vehicle or temporarily disable a motor vehicle with the use of the device intended to temporarily prevent a vehicle from being moved if said vehicle currently has three (3) unresolved violations for thirty (30) days, and the city has sent the owner of the vehicle as listed on the certificate of title a notice as provided for in § 72.991 (B) or if the vehicle has received greater than three (3) citations in a thirty (30) day period. Every owner of a vehicle who has received such notice or who allows his or her vehicle to receive three (3) citations in a thirty (30) day period will have been deemed to have knowledge of the city’s intention to collect delinquent fines, fees and penalties for parking citations through the impoundment or temporary disabling of the vehicle for which was issued a parking citation. The owner shall be considered to have been given his due process before impoundment or temporary disabling by virtue of his or her right to a hearing and notice thereof as provided in §§ 72.991 and 72.992.
(3) The city, in addition to the fines, fees and penalties levied for parking violations or hearing costs, shall be entitled to collect reasonable towing, handling and storage charges for impounded vehicles.
(4) The Police Department is hereby authorized to impound a motor vehicle pursuant to this section or have the vehicle moved and towed away by a commercial towing service. Cars so impounded shall be stored in a safe place and shall be returned to the owner or operator of such vehicle upon payment of an impoundment and/or disabling fee of one hundred dollars ($100.00), and all outstanding fines, fees and penalties assessed against the vehicle or its owner, in addition to reasonable charges for towing and storage. Towing and storage charges for commercial towing services shall be approved in advance by the City Manager. A vehicle may be released to the owner or other person entitled to possession only upon proof of ownership or right to possess. The city may require reasonable security, bond or other assurances of indemnification from a person who is not the registered owner of the vehicle prior to release of the vehicle to such person.
(5) The owner of the motor vehicle which has been impounded or disabled pursuant to this section or any other person entitled to possession, may challenge the validity of such impoundment or disablement by request, in writing, to the City Clerk for hearing before the hearing officer. The hearing shall be conducted within ten (10) business days of the date of the request, unless the owner or other person entitled to possession waives the limitation or the city shows good cause for such delay. The city may retain possession of the vehicle pending the hearing, unless the owner or other person claiming right of possession posts a bond, with surety or cash in an amount equal to the fines, fees, penalties and towing charges accrued against the vehicle or the owner thereof as of the date of the hearing request, or one hundred dollars ($100.00), whichever is less. If the owner or person claiming possession of the vehicle is unable to pay the amount of the bond, the hearing shall be held within seventy two (72) hours of the date the requests for hearing is received, unless such person requests or agrees to a continuance.
(a) No less than five (5) days prior to the date set for the hearing, the city shall notify the person requesting the hearing of the date, time and place of the hearing. In case the hearing is required to be held within seventy two (72) hours of the date of the request as provided for in division (A)(5) of this section, the person requesting the hearing shall be informed at the time of his request, or as soon thereafter as practical, of the date and time of the hearing.
(b) Any person who refuses, or except for good cause, fails to appear at the time and place set for the hearing shall be deemed to have conceded on his and the owner’s behalf the validity of the impoundment or disablement.
(c) At the hearing, after consideration of the evidence, the hearing officer shall determine whether the impoundment or disablement was valid and reasonable. Where it has not been established that the impoundment was justified, an order releasing the vehicle shall be entered. All towing and storage fees and towing and/or impoundment fees paid or amounts posted as bond because of the impoundment or disablement of the vehicle shall be returned. If the hearing officer also determines that violation was not committed, the fine and penalty shall also be returned. Where it has been established that the impoundment or disablement was justified, the hearing officer shall uphold the impoundment or disablement and condition the release of the vehicle upon payment of all fines, penalties and fees accruing thereto. If bond has been posted as security for release of the vehicle, the bond shall be forfeited to the city. Any fines or fees in excess to the amount of the bond posted shall be ordered to be paid by the owner of the vehicle to the city. The hearing officer shall furnish the owner or person appearing on the owner’s behalf with a copy of his or her order.
(d) A hearing officer may consider a parking citation and any other written report made under oath by the issuing officer in lieu of the officer’s personal appearance at the hearing.
(e) An appeal from the hearing officer's determination may be made as provided for in § 72.992(D).
(B) (1) If within ten (10) business days of the impoundment or temporary disablement a motor vehicle impounded or disabled by the city has not been claimed, or a hearing has not been requested pursuant to division (A), notice shall be mailed by certified mail to the registered owner, if known, and lienholders of record, if any, by affording such parties the right within ten (10) days from the date of notice to claim the vehicle or request a hearing pursuant to division (A). The notice shall state that, if no hearing is requested, the vehicle shall be deemed abandoned unless the charges thereon are paid within ninety (90) days of receipt of notice. Any vehicle temporarily disabled through the use of a disabling device may be impounded by the city if the disabled vehicle has not been claimed within twenty four (24) hours of the installation of the disabling device.
(2) After ninety (90) days from the date of notice required by, division (B)(1), an impounded or disabled motor vehicle shall be deemed abandoned and the vehicle shall escheat to the city.
(3) If the vehicle is judged suitable for use, the city may obtain a certificate of registration and ownership from the County Clerk pursuant to KRS 186.020 and either use the vehicle for governmental purposes or sell the vehicle at public auction to the highest bidder. If the vehicle is not suitable for use, it may be sold for scrap or junk value.
(C) The city shall possess a lien on a motor vehicle impounded or disabled pursuant to this section as permitted by KRS 82.635 for all fines, penalties, and towing, handling and storage charges and put fees imposed thereon. Such lien, shall be superior to and have priority over all other liens thereon.
(D) When an abandoned, intended, wrecked, or burned vehicle is creating a traffic or fire hazard because of its position in relation to the highway or its physical appearance causing or impeding traffic, the Police Department may authorize immediate removal from the public way by impoundment as provided herein.
(Ord. 0-90-008, passed 4-9-90; Am. Ord. 0-2007-013, passed 4-23-07; Am. Ord. 0-2008-021, passed 9-8-08; Am. Ord. O-2018-13, passed 7-23-18)