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84-9022 Traffic Motor VehiclesORDINANCE NUMBER 84-9022 (Published in The Salina Journal 1984) AN ORDINANCE PROVIDING PROCEDURES FOR THE IMPOUNDMENT AND REMOVAL OF VEHICLES PARKED CONTINUOUSLY UPON ANY STREET FOR TWENTY-FOUR (24) HOURS OR MORE; AMENDING SECTION 38-43 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 38-43 of the Salina Code is hereby amended to read as follows: "Sec. 38-43. Impounding, removal of nuisance vehicles. (a) Any unoccupied vehicle left parked continuously upon any street of the city twenty-four (24) hours or more is hereby declared to be a nuisance. It shall be the duty of the Chief of Police to cause any such vehicle to be removed and impounded in a public vehicular garage. Said removal shall take place only after the following procedures: (b) Absent an emergency situation in which damage to property or personal injury is likely if the vehicle is not moved 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 vehicles, 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 to the nearest garage or other place of safety immediately. After towing a vehicle in an emergency situation, the Chief of Police is required to make a reasonable attempt to notify the owner of the towed vehicle of the location of said vehicle and the procedure for returning said vehicle to the owner or other person entitled to possession of said vehicle. Any vehicle towed in an emergency or non -emergency situation shall be surrendered to the identified owner thereof, only upon the payment of storage charge and towing fee, which is necessarily incurred by the Chief of Police, or any other department of the City for the towing and storage of such vehicle. (c) Any vehicle against which there have been issued three (3) or more traffic summons, either for exceeding the parking limit or for being parked at a place where parking is prohibited, either by this Chapter or any other ordinance of the City, and where the owner of such vehicle has failed to appear in Municipal Court for the disposition of such cases, is hereby declared to be a nuisance. It shall be the duty of the Chief of Police to cause such vehicle to be removed and impounded on sight, thereafter, such vehicle shall be surrendered to the duly identified owner thereof only upon payment of the storage charge and tow -in fee, which is necessarily incurred by the Chief of Police, or any other department of the City for towing and storage of said vehicle. (d) If any person contests validity of the towing of his or her vehicle, or contests the costs and fees related to the towing of his or her vehicle, under this Section, said person is entitled to a hearing on said matter within seventy-two (72) hours. Said hearing shall be in the Municipal Court of Salina, Kansas." Section 2. That the existing Section 38-43 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. Introduced: May 7, 1984 [SEAL] ATTEST: Harrison, City Clerk Passed: May 14, 1984 ares ofMayor Affidavit of Publication Following is a true and correct copy together with proof of publication of the same. AFFIDAVIT Ordinance Number 84-9022 I, Paul G. Webb being first duly sworn according to law declare that I am the Marketing Director "Aij4/of the Salina Journal a newspaper published in the City of Salina, Saline County, Kansas, and of a general circulation in said city, and continually and uninterruptedly published for more than one year prior to the date of the attached Ordinance Number 84-9022 and that said--8�� nance Number 84-9022 was c,,6rrectly publishecy of the date 18 ,1 19--§A—yld furder I say not. Subscri,ged and sworn to before me May 21 , 19 84 Notary Public M' E ABOOTT Mr APPT. STA E OF r TAlty LIC EXPIRES APRIL sAS 4, ltgg 1 s (Published in The Salina Jour r May IB; 1984) ` ' ORDINANCE N0. 84-9p22 3 AN ORDINANCE PROV1011M t PROCEDURES FOR THE 1MPOUM I MENT AND REMOVAL OF VEHICLE PARKED CONTINUOUSLY UPON AW i STREET FOR TWENTY-FOUR (24 HOURS OR MORE; AMENDING SEC TION 38-43 OF THE SALINA CODI AND REPEALING THE EXISTING SEC TION. BE IT ORDAINED by the Govemirq Body of the City of Salina, Kansas; Section 1. That Section 38-43 of tlst Salina Code is hereby amended is read as follows: "Sec. 38-43. Impounding, removes of nuisance vehicles. (a) Any unoccupied vehicle left parked continuously upon. an street of the city twenty-four (24j I hours or more is hereby declared to be a nuisance. It shall be the duty of the Chief of Police to cause any such vehicle to be removed and im. I- pounded in a public vehicular go. rage. Said removal shall take place only after the following procedures; (b) Absent an emergency situation in which damage to property or \ personal injury is likely if the ve- S hicle is not moved immediately, no vehicle shall be removed without either: y (1) Personally notifying the own- er of the violation and giving said person a reasonable time s to move said vehicles, or; y (2) Placing notice of the violation in a noticeable place_on the r vehicle then waiting forty. eight (48) hours, and making a reasonable attempt to lo. I cote the owner of the illegally parked vehicle. If an emer envy situation exists, any police officer is authorized to provide for the removal of such ve- hicle to the nearest garage or other place of safety immediately. ,After towing a vehicle in an emergency sit• uation, the Chief of Police is required to make a reasonable attempt to no- tify the owner of the towed vehicle of the location of said vehicle and the procedure for returning said vehicle to the owner or other person entitled to possession of said vehicle. Any vehicle towed in an emergency or non -emergency situation shall be surrendered to the identified owner thereof, only upon the payment of storage charge and towing fee, which is necessarily incurred by the Chief of Police, or any other department of the City for the towing and storage of such vehicle. (c) Any vehicle against which there hove been issued three (3) or more traffic summons, either for exceed. ing the parking limit or for being parked at a place where parking Is prohibited, either by this Chaptq/ or any other ordinance of the City, and where the owner of such, ve. hicle has failed to appear in Muhici- pal Court for the disposition of such cases, is hereby declared to be a nuisance. It shall be the duty of the Chief of Police to cause suchlIv�e• hicle to be removed and impounded on sight, thereafter, such vehicle shall be surrendered to the duly in- dentified owner thereof only upon payment of the storage charge and tow -in fee, which is necessarily in- curred bythe Chief of Police, or any ,her department of the City ! for towing and storage of said ve.I hicle. (d) If any person contests validity of the towing of his or her vehicl or contests the costs and fees rel to the towing of his or her vehkte, under this Section, said person is entitled to a hearing on said mgtW within seventy-two (72) hours. Said hearing shall be in the Municipal Court of Salina, Kansas." Section 2. That the existing Section 38-43 of the Salina Code is hereby re- pealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication in the official once in the official city newspaper. Introduced: May 7, 1984 Passed: Mc )4 1984 /s/Charles B. Roth, Mayor ATTEST: /s/D.L. Harrison City Clerk (SEAL)