The chief of police, or any law enforcement officer, or any person authorized to act thereunder may tow or cause to be towed and removed and impounded any vehicle from any street, alley, highway, sidewalk, or any public right of way, public property, or private 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; or
(i) When a motor vehicle is parked, stored or standing upon any public street or other public property in the city for more than 48 continuous hours.
(Code 1985; Ord. 786)
(a) Any vehicle parked for more than 48 consecutive hours on a public street or other public property in the city other than motor vehicles otherwise parked in violation of section 14-301(a) through and inclusive of (i) above, may be removed and towed and stored in a public garage or other depository only after the owner or authorized operator has been given 48 hours prior notice and an opportunity for hearing before the municipal judge. If the owner or authorized owner requests a hearing in a writing delivered to the office of the city clerk within the 48 hour notice period, impoundment is prohibited pending an order of the court.
(b) Such notice shall be placed on a conspicuous spot on the motor vehicle in question and shall include the following:
(1) A declaration of intent to impound;
(2) The reason for impoundment;
(3) The right to defer impoundment by request for a hearing as provided in section 14-302(a) above;
(4) The right to post bond for release of the motor vehicle if the motor vehicle is impounded.
(Code 1985; Ord. 786)
(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 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, reasonably 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 designated 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.
Work-site utility vehicle means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 135 inches, has a weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more low pressure tires, a steering wheel and bench or bucket-type seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials. Work-site utility vehicle does not include a micro utility truck.
(Ord. 1023; Code 2016)
(a) It shall be unlawful for any person to operate a work-site utility vehicle as defined in this article upon any highway, city street, sidewalk, or alley within the corporate limits of the City of Eudora.
(b) The provisions of subsection (a) shall not apply to work-site utility vehicles owned and operated by the city, county, state, or the United School District 491, when such vehicle is being used in an official capacity by employees of either organization who are conducting work assignments.
(c) No work-site utility vehicle shall be operated on any public highway, street, sidewalk, alley, or roadway between sunset and sunrise unless equipped with lights as required by laws for motorcycles.
(Ord. 1023; Code 2016)