City of Mission, KS Chapter 325 Impoundment of Motor Vehicles

Section 325.010 Impoundment of Vehicles.

[Ord. No. 1518, 6-17-2020[1]]

A. The Police Department, and all members thereof are authorized to remove and/or tow away, or have removed and towed away by commercial towing service to an impound lot or other safe place designated by the City, all motor vehicles found under the hereinafter enumerated circumstances.

1. When any motor vehicle upon a street is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle cannot safely operate the motor vehicle or are unable to provide for its custody or removal to a lawfully secure location; or

2. When any motor vehicle is parked illegally in such a manner as to constitute a hazard or obstruction to the safe movement or traffic; or

3. When the operator of any motor vehicle is arrested and taken into custody by the Police Department and such vehicle would thereby be left unattended and create a hazard or obstruction to the safe movement of traffic; or

4. When any motor vehicle is abandoned or left unattended on a highway, public road or City-owned property for a period of time in excess of forty-eight (48) consecutive hours; or

5. When any vehicle is found being driven on the streets and is not in proper or safe condition to be driven and cannot be removed safely to a lawfully secured location by the owner or operator; or

6. When any motor vehicle determined to be stolen is found upon the public street; or

7. When any motor vehicle is subject to seizure as evidence in a criminal prosecution; or

8. When any motor vehicle is subject to seizure or forfeiture under the laws of the State or Federal law.

[1] Editor's Note: Former Chapter 325, Impoundment of Motor Vehicles, containing Sections 325.010 through 325.030, was repealed 6-17-2020 by Ord. No. 1518.

Section 325.020 Notice To Owner Of Vehicle To Be Towed Or Impounded In Non-Emergency Situation.

[Ord. No. 1518, 6-17-2020]

Vehicles that are subject to being towed and impounded under conditions that do not constitute an immediate obstruction to the normal and safe movement of traffic and are determined to be abandoned shall not be towed or impounded until the motor vehicle has placed on its windshield or in another prominent location a sticker or placard indicating the vehicle is in violation of the City Code and shall be removed by the City Police Department after forty-eight (48) hours from the time the sticker or placard was attached to the vehicle. The sticker or placard shall include such other information as the Chief of Police determines is necessary.

Section 325.030 Notice Of Impoundment; Disposition Of Vehicles.

[Ord. No. 1518, 6-17-2020]

A. Vehicle With Registration Plate. Any motor vehicle which has been impounded as provided in this Chapter for thirty (30) days or more and that has displayed thereon a registration plate issued by the Division of Vehicles and has been registered with the State as required by law shall be disposed of in the following manner:

1. The City shall request verification from the Division of Vehicles of the last registered owner and any lienholders, if any. Such verification request shall be submitted to the Division of Vehicles not more than thirty (30) days after such agency took possession of the vehicle.

2. The City 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, of record in the County in which the title shows the owner resides, if registered in this State. The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by such City on it within fifteen (15) days from the date of the mailing of the notice that it will be sold at public auction to the highest bidder for cash. The notice shall be mailed within ten (10) days after receipt of verification of the last owner and any lienholders, if any, as provided in this Subsection (A).

3. After fifteen (15) days from the date of mailing notice, the City shall publish a notice once a week for two (2) consecutive weeks in a newspaper of general circulation in the County where such motor vehicle was abandoned and left, which notice shall describe the motor vehicle by name of maker, model, serial number, and owner, if known, and stating that it has been impounded by the City and that it will be sold at public auction to the highest bidder for cash if the owner thereof does not claim it within ten (10) days of the date of the second publication of the notice and pay the removal and storage charges, and publication costs incurred by the City.

4. If thereafter the owner thereof does not claim it within the time stated in the notice and pay the removal and storage charges and publication costs incurred by the City on such motor vehicle, the City may sell the motor vehicle at public auction to the highest bidder for cash.

B. Vehicle Without Registration Plate. Any motor vehicle which has been impounded as provided in this Chapter for thirty (30) days or more and that does not have displayed thereon a registration plate issued by the Division of Vehicles and that has not been registered with the State as required by law shall be disposed of in the following manner:

1. The City after thirty (30) days from the date of impoundment, shall request verification from the Division of Vehicles of the last registered owner and any lienholders, if any. Such verification request shall be submitted to the Division of Vehicles no more than thirty (30) days after such agency took possession of the vehicle.

2. The City 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, of record in the County in which the title shows the owner resides, if registered in this State. The notice shall state that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by such City on it within fifteen (1)5 days from the date the mailing of the notice, it will be sold at public auction to the highest bidder for cash. The notice shall be mailed within ten (10) days after receipt of verification of the last owner and any lienholders, if any, as provided in this Subsection (B).

3. After fifteen (15) days from the date of mailing notice, the City shall publish a notice in a newspaper of general circulation in the County where such motor vehicle was abandoned and left, which notice shall describe the motor vehicle by name of maker, model, color and serial number and shall state that is has been impounded by said City and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim it within ten (10) days of the date of the second publication of the notice and pay the removal and storage charges incurred by the City.

4. If thereafter the owner thereof does not claim it within the time stated in the notice and pay the removal and storage charges and publication costs incurred by the City on such motor vehicle, the City may sell the motor vehicle at public auction to the highest bidder for cash.

Section 325.040 Recovery Procedures.

[Ord. No. 1518, 6-17-2020]

A. All motor vehicles towed and impounded pursuant to the provisions of this Chapter shall be surrendered to the owner or person entitled to custody of the vehicle subject to the provisions of Subsection (B) of this Section, upon presentation of the following to the commercial tow service where the vehicle is impounded:

1. Proof of ownership of the vehicle by lawful title or other proof of lawful entitlement to the vehicle;

2. Proof of liability insurance on the vehicle as required by the laws of the State;

3. Proof of current registration of the vehicle as required by the laws of the State; and

4. Payment of all storage charges and towing fees incurred in the towing and impounded of the vehicle must be made prior to release of the vehicle unless otherwise relieved of that requirement by application of the hearing provisions set forth in Section 325.050.

B. Should a person seeking release of a motor vehicle impounded under the provisions of this Chapter not present proof of current registration and proof of insurance, the vehicle will not be released to be driven away from the impound lot, but the vehicle may be released to be towed from the tow lot if proof of ownership is shown and all storage and towing charges are paid.

Section 325.050 Hearing Procedure.

[Ord. No. 1518, 6-17-2020]

A. Owners or persons entitled to the lawful custody of impounded motor vehicles who wish to contest the validity of the motor vehicle tow may request a hearing for such purpose by filing with the City Police Department a request, in writing, upon forms approved by the Chief of Police within ten (10) days after the date of the notice described in Section 325.030.

B. A hearing for the purpose of determining the validity of the tow shall be held by the Municipal Court within a reasonable period after such hearing is requested, however not greater than ten (10) days. The time of the hearing shall be set by the Clerk of the Municipal Court.

C. Pending such hearing, the owner or personal lawfully entitled to custody of any impounded vehicle may retrieve the impounded vehicle upon posting bond with the Clerk of the Court in the amount of the towing charge and storage fees. Upon showing to the commercial tow service proof of posting of the bond, the motor vehicle shall be released immediately. If a bond is not posted, the vehicle shall remain in storage until the requested hearing is held.

D. If the Municipal Court Judge determines the vehicle was lawfully towed pursuant to the provisions of Section 325.010, then all charges shall be paid by the owner or person lawfully entitled to custody of the vehicle. Such charges may be paid for partly or in whole by the bond, if posted, and any surplus bond money shall be returned.

E. If the Municipal Court Judge determined the vehicle was not towed pursuant to the provisions of Section 325.010, the court shall order the immediate release of the vehicle to its lawful owner without costs, and any bond posted shall be returned. Should any owner or person lawfully entitled to custody of an impounded vehicle post bond but fail to appear after being notified of the time of the hearing, such bond shall be forfeited.

Section 325.060 Wrecker Or Tow Service Foreclosure Of Lien.

[Ord. No. 1518, 6-17-2020]

Any person or commercial towing service that tows or impounds a motor vehicle pursuant to this Chapter or any other legal requests for towing and impoundment by a Law Enforcement Officer of the City shall have a possessory lien as provided for under State law and shall comply with all notice and disposition provisions for foreclosure of the lien as provided by law.

Section 325.070 Towing Of Vehicles From Private Property (Non-City Initiated).

[Ord. No. 1518, 6-17-2020]

A. It is hereby declared the purpose and intent of this Section to ensure that a private property owner or lessee has provided adequate authorization for the removal of the vehicle from his or her property, and to attempt to avoid towing mistakes and false vehicle theft reports, thereby promoting the safety of those persons involved in ordering the removal of the vehicle, as well as those persons removing, towing, and storing the vehicle.

B. It shall be unlawful and a violation of this Chapter for any person to fail to comply with the following regulations when involved in the towing or request of towing of motor vehicles from private property at the request of third parties and without the consent of the owner or operator of the vehicle:

1. Notification. Prior to the person or tow company towing or removing a vehicle from private property, they shall notify the Mission Police Department of their intent and of the following information concerning the tow or removal:

a. Vehicle make, model, style, color and year;

b. Vehicle Identification Number (VIN);

c. License plate number and State of issuance;

d. Ultimate destination where the vehicle is to be towed and stored, and a contact number for the owner to call for information regarding release of the vehicle;

e. Reason for the tow; and

f. Person ordering the tow.

2. Mandatory Disconnect. If the owner or other legally authorized person in control of the vehicle arrives at the scene prior to removal or towing of the vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle without interference upon the payment of a reasonable service fee of not more than one-half (1/2) of the posted rate for such towing or removal, for which a receipt shall be given unless that person refuses to remove the vehicle from the property where it is otherwise unlawfully parked. There shall be no charge if the vehicle has not been connected to the tow truck.

3. Notice And Sign Requirements. Except for property appurtenant to and obviously a part of a single-family residence, which shall include duplexes, townhomes, and residential planned unit developments, and except for instances when notice is personally given to a vehicle owner or operator that the area where the vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles which are subject to being towed at the owner or operator's expense, any private property owner or other person in legal possession of the property, prior to towing or removing any vehicle from private property without the consent of the owner or operator, must post a notice meeting the following requirements:

a. The notice must be prominently placed at each primary driveway access or curb cut allowing vehicular access to the property.

b. The notice must clearly indicate, in not less than four (4) inch high, light-reflective letters on a contrasting background, that "Unauthorized Vehicles Will Be Towed."

c. The sign structure containing the required notices shall not exceed three (3) square feet in area and must be permanently installed, with the bottom of the sign not less than four (4) feet and not more than five (5) feet above ground level and must be continuously maintained on the property for not less than twenty-four (24) hours prior to the towing or removal of vehicles.

4. Right To Enter Vehicle. A tow company may enter a vehicle for the sole purpose of removing the vehicle, provided reasonable care is used in entering the vehicle, and the tow company or person entering the vehicle is responsible for the security of the vehicle and its contents. The right of entry is conditioned on the tow service having the keys or other legal non-damaging means of entering the vehicle.

5. Owner Access. Any owner of a vehicle towed pursuant to Section 325.080 shall have access to personal property in such vehicle for up to forty-eight (48) hours after such vehicle has been towed, and such personal property shall be released to said owner unless it is being held or seized as evidence.

6. Report Of Location. No later than two (2) hours after the tow or removal of a vehicle, the tow company shall report the final location of the towed vehicle to the Mission Police Department.