84-9023 Traffic Motor VehiclesORDINANCE NUMBER 84-9023
( Published in The Salina Journal �y r�, 1984)
AN ORDINANCE MAKING IT UNLAWFUL TO PARK ON PRIVATE
PROPERTY WITHOUT THE CONSENT OF THE OWNER; PROVIDING PENALTIES
AND PROCEDURES FOR REMOVAL OF SAID VEHICLES; AMENDING SECTION
38-42 OF THE SALINA CODE AND REPEALING THE EXISTING SECTION.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 38-42 of the Salina Code is hereby amended to
read as follows:
"Sec. 38-42. Parking, on private property without
permission prohi prohibited.
(a) It shall be unlawful for any person to park, place
or leave standing, whether attended or unattended, any
vehicle upon the private real property of another, without
the consent of the owner or lessee of the real property.
(b) Whenever any person complains under oath that a
vehicle is standing on private real property in violation
of subsection (a), any police officer is hereby authorized
to provide for the removal of such vehicle to the nearest
garage or other place of safety as outlined herein.
Absent an emergency situation in which damage to property
or personal injury is likely if the vehicle is not removed
immediately, no vehicle shall be removed without either:
(1) Personally notifying the owner of the violation
and giving said person a reasonable time to move
said vehicle; or,
(2) Placing notice of the violation in a noticeable
place on the vehicle then waiting forty-eight
(48) hours, and making a reasonable attempt to
locate the owner of the illegally parked vehicle.
If an emergency situation exists, any police officer
is authorized to provide for the removal of such vehicle
immediately. The owner or other person entitled to the
possession of such vehicle shall be required to pay the
reasonable costs of such removal and storage before being
entitled to possession of such vehicle.
(c) It is declared to be a public offense for any person
to violate subsection (a) and any person convicted of such
violation thereof shall be punished by a fine of not more
than Fifty Dollars ($50.00).
(d) If any person contests validity of the towing of his
or her vehicle, or contests the costs and fees related to
towing his or her vehicle, said person is entitled to a
hearing on these issues within seventy-two (72) hours after
notifying the Clerk of the Municipal Court of the issue.
Said hearing shall be in the Municipal Court of the City
of Salina."
Section 2. That the existing Section 38-42 of the Salina Code is
hereby repealed.
Section 3.
That
this ordinance shall be in full
force and effect from
and after its adoption
and
publication once in the official
city newspaper.
[SEAL]
ATTEST
1
r,
C �
arrison, City Clerk
Introduced: May 7,1984
Passed: May 14, 1984
J
F
�u
Cha r es oth , Mayor
1
1
Affidavit of Publication
Following is a true and correct copy of Ordinance Number 84-9023
together with proof of publication of the same.
(Pubifshed+sn Jhe Salina Journal
May 18, 1984)
ORDINANCE' NO. 84.9023
AN ORDINANCE MAKING IT UN -
LAWFUL TO PARK ON TE
A F F I D A V I T
ERTY WITHOUT THE CONSENT OFF THE
THE
OWNER; PROVIDING PENALTIES AND
PROCEDURES FOR REMOVAL OF SAID
VEHICLES; AMENDWG SECTION 38.42
I, Pain G. Webb
OF THE SALINA CODE AND REPEAL-
ING THE EXISTING SECTION.
BE IT ORDAINED by the Governing
Body of the City of Salina, Kansas:
being first duly sworn to law declare I
Section 1. That Section the
ofded
according that am
Salina Code is hereby amenmen to
read as follows:
"Sec. 38.42. Parking on private
the Mark ting Director I
property without permission prohibit-
ed.
(a) It shall be unlawful for any per-
rAjijq/gk/,6f the Salina .1mi rna 1
,9,' torPlattended aro S��o -
tended, any vehicle upon thepri-
vote real property of dmother,
a newspaper published in the City of Salina, Saline
without the consent of the owner or
lessee of the real property.
(b) Whenever any person complains
County, Kansas, and of a general circulation in said city,
under oath that a vehicle is•stand-
Ing on private real property in vio-
lation of subsection (a), any police
n
officer is hereby authorized to pro -
n
and continually and uninterruptedly for
the removal of such vehicle
published more r
to the
to the nearest. garage or dther
I,
place of safety as outlined herein.
I-
Absent an emergency situation in
than one year prior to the date of the attached a
which damage to property or per-
sonal injury is likely if the vehicle is
t-
not removed immediately, no ve-
Ordinance Number 84-9023 e
,
hicle shall be removed without ei-
tf
ther:
(1) Personally notifying the own -
rf
and that said Ordinance Number 84-9023 d
er of the violation and giving,
I
was rrectly publis d of the date of
I said person a reasonable time
to move said vehicle; or,
•
(2) Placing notice of the violation
in a noticeable place on the
A
Ma 18 19 84 d f er I say not.
vehicle then waiting forty -
eight (48) hours, and making
a reasonable attempt to lo-
cate the owner of the illegally
parked vehicle.
If on emergency situation exists,
i any police officer is authorized to
provide for the removal of such ve-
hicle immediately. The owner or oth-
er person entitled to the possession
of such vehicle shall be required to
pay the reasonable costs of such re-
moval and storage beforebeing en-.
Subscr' ed and sworn to before me
titled to possession of such vehicle.
(c) It is declared to be a public of-
fense for any person to violate sub-
section (a) and any person con -
May 21 84
victed of such violation thereof
r 19
shall be punished by a" fine of not
more than Fifty Dollars ($50.00).
(d) If any person contests validity of
the towinof his or her vehicle, or
�
contests s d fees related
to towing orhervehicle, said
Notary Public
person is entitled to o hearing on
these issues within seventy-two (72)
hours after notifying the Clerk of
the Municipal Court of the issue.
Said hearing shall be in the Munici-
pal Court of the City of Salina."
Section 2. That the existing Section
��tsastAu
38-42 of the Salina Code is hereby re-
NL ` ANOW
Pealed.
Section 3. That this ordinance shall
NT�
be in full force and effect from and
x ilr�
after its adoption and publication
MY Alllil
once in the official city newspaper.
gXP4 fp AM& S
Introduced: May 7, 1984
Passed: May 14, 1984
/s/Charles B. Roth,
ATTEST Mayor
/s/D.L. Harrison
City Clerk
(SEAL) (lt)
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