23-11164 Towing of Cars Parked on Private Property (Summary published in The Salina Journal on September 22, 2023.)
(Piihlished on the City of Salina's website fora minimum of one weekfrom SPptPmhPr 22 71)T )
LORDINANCE NUMBER 23-11164
AN ORDINANCE AMENDING SALINA CODE SECTION 38-42 PERTAINING TO
2 PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION AND REPEALING
EXISTING SECTION 38-42.
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BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Amendment. Section 38-42 of the Salina Code is amended to read as follows:
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Sec. 38-42 —Parking on Private Property Without Permission 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
Lreasonable 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) Pursuant to K.S.A. 8-1103 4(c)(1), as amended, any wrecker or towing service which
tows a vehicle from private property shall not charge wrecker or towing service and
storage fees in excess of the following amounts for the following types of vehicles:
Towing: Accident and Impound
Automobiles and Pickups (up to 12M) Light Duty $150.00
Motorcycles Light Duty $150.00
12M Trucks-24M Trucks Medium Duty $150.00
26M Trucks—85M Trucks Heavy Duty $250.00
8M— 12M Trailers Medium Duty $200.00
L Over 12M Trailers Heavy Duty $250.00
Storage/Impound Fees (per day)
Light Duty Outside/Inside $45.00/$55.00
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L Medium Duty Outside/Inside $55.00/$75.00
Heavy Duty Outside/Inside $85.00/$150.00
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Mileage (Outside City Limits) Portal to Portal
W Light Duty Unloaded/Loaded $4.00/$6.00
Medium Duty Unloaded/Loaded $4.00/$6.00
Heavy Duty Unloaded/Loaded $8.00/$8.00
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Other Services
After Hours Release (after normal operating hours) $65.00
On-Site Release (already off ground) $65.00
Driveline removal Light Duty $50.00
Medium Duty $50.00
Heavy Duty $85.00
Winching (1/2 hour minimum) Light Duty $85.00/hr
Medium Duty $125.00/hr
Heavy Duty $300.00/hr
Scene Cleanup Hourly rate $85.00/hr
(if applicable after first 15 minutes)
L Dolly/Go-Jacks $200.00
Service Call Minimum $85.50
Labor Hourly $125.00/hr
Standby Time (if applicable after first 30 Hourly $85.00/hr
minutes)
(d) Any wrecker or towing service which tows a vehicle from private property shall report
the location of such vehicle to the police department within two hours of such tow.
Such report shall be made either orally or in writing according to the policies and
procedures of the police department and shall include, at a minimum, a description of
the vehicle, its tag number (if any), the location from which the vehicle was moved,
the name of any owner or occupant of real property or agent of the same who requested
removal,the location at which the vehicle is stored, and any other information required
by the police department.
(e) The owner of a vehicle towed from private property shall have access to personal
property in such vehicle for 48 hours after such vehicle has been towed and such
personal property shall be released to the owner.
(f) 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).
(g) If any person contests validity of the towing of his or her vehicle, or contests the
L 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.
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Section 2. Repealer. Existing Salina Code Section 38-42 is repealed.
Section 3. Effective. This ordinance shall be in full force and effect from and after its adoption and
W publication once in the official city newspaper by the following summary:
Ordinance No. 23-11164 Summary
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On September 18, 2023, the City Commission passed Ordinance No. 23-11164. The
ordinance amends Salina Code Section 38-42 pertaining to parking of vehicles on private real
property without permission, by establishing the maximum rates that a wrecker or towing
service may charge for wrecker or towing service and storage fees and establishing certain
other requirements applicable to wrecker or towing service providers engaged in towing
vehicles from private property, and repeals the existing Section 38-42. A complete copy of
the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W.
Ash, free of charge. This summary is certified by the City's legal counsel.
Introduced: September 11, 2023
Passed: September 18, 2023
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Michael L. Hoppo , M,jr'
[SEAL]
ATTEST:
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City of alina, City Clerk 7
The publication summary set forth above is certified this / day of September, 2023.
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Gr- . Bengts. - ' Attorney
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