The chief of police, or any law enforcement officer, or any person authorized to act thereunder may tow or caused to be towed and removed and impounded any vehicle from any street, alley, highway, sidewalk, or any public right of way, or public property without the permission of the owner, under the following circumstances:
(a) When any vehicle is left unattended upon any bridge, roadway, street, alley, public right of way or public property where such vehicle obstructs the normal traffic flow.
(b) When any vehicle is disabled and inoperable and such vehicle obstructs the normal traffic flow.
(c) When a vehicle is illegally parked and it constitutes a traffic hazard or disrupts the natural flow of the traffic.
(d) When the driver of a vehicle is taken into custody by law enforcement authorities and such vehicle would thereby remain unattended.
(e) When the removal of a vehicle is necessary in the public's interest because of snow, flood, fire, storm or other reasons that may constitute an emergency.
(f) When any vehicle is reasonably suspected of being a stolen vehicle, or contain stolen goods or contraband. .
(g) When any vehicle is parked upon private property without the permission of the property owner.
(h) When a vehicle is illegally parked or left standing so as to obstruct the normal movement of traffic to and from private property. .
Whenever vehicles are subject to being towed and impounded, as herein provided, the owner, driver or person in charge of such vehicle shall be notified and given a reasonable time under the circumstances involved to remove the vehicle; e.g. a 48 hour tow sticker. However, where the owner, driver or other person in charge of such vehicle cannot be located after a bona fide effort has been made to do so, then the vehicle may be towed and impounded as provided under this article.
(Code 1984; Code 2014)
(a) Whenever a vehicle which is registered in Kansas is impounded pursuant to this article the police department shall 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, stating the reason for the impoundment, the rights of the owner or lienholder as set forth in this chapter as to recovery of the vehicle, and a statement that unless the owner or lienholder exercises his or her rights within thirty (30) days from the date of the mailing of the notice, that the vehicle will be sold at public auction to cover the cost of towing and storage, as well as any fines accrued as of the date of the towing. Notice shall be mailed before the fifth full working day following the date of towing. Failure to receive such notice shall not invalidate any subsequent action taken.
(b) If the impounded vehicle is registered in another state, or bears no registration plates, the police department shall take prompt action, reasonable calculated to apprise the owner, or lienholder, if any, of the vehicles location and potential disposition. If the police department is unsuccessful in determining the name and address of the owner or any lienholder of the vehicle, the police department shall publish a notice once each week for two consecutive weeks in the official city newspaper describing the motor vehicle by name of make, model, color, and serial number, and also state the reasons for the impoundment, information regarding the right of the owner or lienholder in the recovery of the vehicle and a statement that unless the owner or lienholder takes action within 30 days of the date of the second publication, the vehicle will be sold at public auction to cover any towing and storage costs, as well as any fines accrued as to the date of towing. If the police department is successful in locating the name and address of the owner or any lienholder, the department shall afford the same notice to such person or persons set forth in the preceding subsection.
Once a vehicle has been impounded, the owner or lienholder may obtain release by:
(a) Presenting proof of ownership in the form of motor vehicle title or certificate of registration to the police department. The police department will advise the claimant of outstanding fines which shall be paid before release of the vehicle.
(b) If there are not fines accrued against an impounded vehicle, the claimant will be advised of the place of storage. The police department will then notify the storage yard and tow service that the vehicle may be released. Release may be accomplished by the claimant upon settlement of tow and storage charges with the tow service.
(c) The impounded vehicle may be withheld from release if needed for evidentiary purposes.
Whenever, pursuant to the terms of this article, a vehicle has been stored in any public or private garage or yard maintained or designed by the city for the storage of impounded vehicles for a period of 60 days, and no claim of ownership or the right to possession thereof has been made, or when such claim has been made but not established to the satisfaction of the chief of police, and no suit or action to determine such claim has been instituted, the chief of police shall order the appraisal of the value of the vehicle, shall declare the vehicle to be abandoned and shall dispose of the vehicle in the manner provided by K.S.A. 8-1102.