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)