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(a) It is unlawful to park any motor vehicle along the south side of Seventh Street, from Lincoln Avenue westerly to the first alley west of Lincoln Avenue at all times except from midnight Saturday night to midnight Sunday night.
(b) Parking is prohibited along the east side of Balderson Boulevard, in the City of Wamego, Kansas, from Military Trail Road (Fourth Street) to Eighth Street, in order to enhance visibility for motorists, including drivers of trucks entering and exiting the Caterpillar Work Tools plant.
(Ord. 851, passed 1-8-1980; Ord. 1535, passed 1-6-2009)
Angle parking at the angle indicated on the curb, sidewalk or pavement or by signs is hereby permitted on the following streets:
(a) Lincoln Avenue from Seventh Street to Valley Street; and
(b) Lincoln Avenue, being a state highway connection link; the State Highway Commission has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
Section
14-501 Definitions
14-502 Impounding vehicles
14-503 Same
14-504 Notice of impoundment; storage of vehicle
14-505 Impoundment after request to leave motor vehicle
14-506 Release of motor vehicle from impoundment
14-507 Hearing
14-508 Charges constitute a lien
14-509 Satisfaction of lien; notice of public sale
14-510 Redemption
14-511 Sale proceeds
14-512 Statutory procedures
14-513 Implementation of article
14-514 Reimbursement for discharged liens
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. Where the word HIGHWAY or the word STREET is used in this article, it means street, avenue, boulevard, thoroughfare, alley and other public way for vehicular travel by whatever name, unless the context clearly indicates otherwise.
MOTOR VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively on stationary rails or tracks.
OWNER or OCCUPANT. A party having fee simple title in the real property, or a party having a leasehold interest in the real property, or a party who is the beneficiary of a private easement for the purpose of egress or ingress to or from real property.
The Police Department may cause to be impounded:
(a) Any motor vehicle unlawfully parked on a highway in violation of any provision of a city ordinance which prohibits the parking of vehicles at the place where or time when the impounded motor vehicle is found;
(b) Any motor vehicle that has been abandoned and left on a highway or other property open to use by the public for a period in excess of 48 hours pursuant to K.S.A. 8-1102;
(c) Any motor vehicle which:
(1) Is subject to removal pursuant to K.S.A. 8-1570 or 8-1102;
(2) Is subject to seizure and forfeiture under the laws of the state; or
(3) Is subject to being held for use as evidence in a criminal trial.
(d) Any motor vehicle, the continued presence of which, because of the physical location or condition of the motor vehicle, poses a danger to the public safety or to the motor vehicle; and
(e) Any motor vehicle which has been abandoned or parked on any real property, other than public property or property open to use by the public, may be moved and disposed of in accordance with the terms of this article by the Police Department upon the request of the owner or occupant of such real property. The real property referred to herein shall not be owned or leased by the person who abandons or parks said vehicle or by the owner or lessee of such vehicle. The city, or any person, partnership, corporation or their agent conducting a business enterprise for the purpose of towing vehicles which removes such vehicle from the real property at the request of the Police Department shall have a possessory lien on such vehicle for the cost incurred in removing, towing and storing such vehicle. For purposes of this article, common areas shall be construed not to mean public property or property open to the public.
(a) When owner present. When the Police Department intends to impound a motor vehicle pursuant to § 14-502 and the owner of the motor vehicle is then present, the Police Department shall before the motor vehicle is removed, provide the owner with a notice, in the form prescribed by the Police Department that the motor vehicle is being impounded, that towing and storage charges will be assessed against the impounded motor vehicle, that the owner may claim and regain possession of the impounded motor vehicle at the location to which it is being removed for storage without prepayment of towing and storage charges and that the owner may request a hearing as to the propriety of the impoundment and as to the amount of and the owner’s liability for the towing and storage charges.
(1) The notice shall also state the location where the impounded motor vehicle will be stored and the place where the owner may make his or her request for the hearing. The notice shall also state, in prominent language, that failure by the owner to request a hearing within five days after receipt of the notice may act as a waiver of his or her right to a hearing and that this may result in the placing of a lien against the motor vehicle for the towing and storage charges without further notice to the owner; and that the motor vehicle be sold at public auction to the highest bidder for cash after 15 days from the date of the mailing of the notice.
(2) The owner of the impounded motor vehicle shall sign the notice as an acknowledgment that he or she has received a copy of the notice and a copy of the notice shall be provided to the owner.
(b) When owner not present.
(1) When the Police Department impounds and remove a motor vehicle pursuant to § 14-502(a) and the owner of the motor vehicle is not present at the time of the impoundment, the Police Department shall, if such motor vehicle has displayed thereon a registration plate issued by the Division of Vehicles and has been registered with said Division, mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner resides, if registered in this state. The notice shall be in the form prescribed by the Police Department containing the same information as required by division (a) above.
(2) The Police Department shall use reasonable diligence in determining the title owner, or if from a non-title state, the registered owner, of the vehicle, and shall inquire by mail of the office of the Register of Deeds of the county in which the title shows the owner resides, if registered in this state, as to whether there are any lienholders of record. If the owner cannot be served by certified mail at the address on the motor vehicle registration and there is no other known address of the owner, the owner shall be deemed to be a resident of the state whose whereabouts are unknown and service shall be made on the Secretary of State as provided in K.S.A. 8-401.
(3) If the owner does not reside in the state, as appears from the motor vehicle registration and the owner cannot be served by certified mail at the address on the motor vehicle registration and there is no other known address of the owner, the owner shall be deemed a nonresident of the state and service shall be made on the Secretary of State as provided in K.S.A. 8-401.
(c) Failure or refusal to sign notice. If any person required by this section to sign a notice of impoundment willfully fails or refuses to do so, or if such person cannot be found, the Police Department shall note this fact on the face of the notice, which shall constitute prima facie evidence of delivery or service of notice as required by this section.
In all cases wherein the owner or operator of a motor vehicle which is on a public street has requested that the motor vehicle be left unattended at that location, in lieu of impoundment of the motor vehicle pursuant to § 14-502, the Police Department may honor said request for a period of time not exceeding 24 hours, after which time the motor vehicle shall either be removed from the location by the owner or operator or be impounded by the Police Department pursuant to § 14-504. The Police Department shall be immune from liability for any damage, loss or destruction of the motor vehicle occasioned by its being left unattended pursuant to the request of the owner or operator thereof, in lieu of impoundment. Nothing in this section shall be construed to limit the authority of the Police Department to order the removal of a motor vehicle by its owner or operator or to impound a motor vehicle pursuant to § 14-504 at any time whenever in his or her judgment the presence of the unattended motor vehicle constitutes a danger to the public safety.
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