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Home My WebLink About2002-12-6601ORDINANCE NO. 2002-12-6601 AN ORDINANCE AMENDING AND CREATING NEW SECTIONS IN CHAPTER 110, "TRAFFIC AND VEHICLES", ARTICLE III, "PARKING REGULATIONS", DIVISION 2 "IMPOUNDING" OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, PERTAINING TO THE IMPOUNDMENT OF VEHICLES WITHIN THE CITY OF PADUCAH WHEREAS, it is the intent of the Board of Comrnissioners to comply with the provisions of the Kentucky Revised Statutes as it relates to the impoundment of vehicles; and WHEREAS, as such, it is the intent of the Board of Commissioners to enact an ordinance providing for a hearing procedure to those individuals whose vehicles have been impounded by the City of Paducah. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 110-201 is hereby amended to read as follows: Sec. 110-201. Authorized. ,(a) Any vehicle parked upon the public streets of the city at a place, in a manner or for a 425 length of time prohibited by any ordinance of the city is, if unoccupied, hereby declared to be an obstruction in the streets and a public nuisance, and any police officer of the city is hereby authorized to cause the same to be removed to and impounded in the depository provided by the city for such purposes. (h) Nothing in this section shall prevent a police officer from using a vehicle immobilizer I rather than impounding the vehicle. SECTION 2. That Section 110-202 is hereby amended to read as follows: Sec. 110-202. Notice to Vehicle Owner. (a) When a motor vehicle has been involuntarily towed or transported pursuant to order of the police, other public authority, or private person or business for any reason or when the vehicle has been stolen or misappropriated and its removal from the public ways has been ordered by the police, other public authority, or by private person or business, or in any other situation where a motor vehicle has been involuntarily towed or transported by order of the police, other authority, or private person or business, the police, other authority, or private person or business shall attempt to ascertain from the state Transportation Cabinet the identity of the registered owner of the motor vehicle or lessor of a motor carrier as defined in KRS ch. 281 and any lienholder of record, if any, and within ten business days of the removal shall, by certified mail, attempt to notify the registered owner and any lienholder of record, if any, of the make, model, license number, and vehicle identification number of the vehicle, of the location of the vehicle, and of the requirements for securing the release of the motor vehicle. In addition the notice shall inform the registered owner and the lienholder, if M, that the impoundment of said vehicle may be challenged pursuant to Section 110-204, by serving a request for hearing on the Hearing Board within ten days from the date of the notice. The notice shall farther state that if no hearingis s requuested the vehicle shall be deemed abandoned unless the charges thereon are paid within 45 days of the date of the notice. storage facility, the owner of the facility shall attempt to provide the notice provided in subsection (a) by certified mail to the registered owner at the address of record of the motor vehicle or lessor of the motor carrier as defined in KRS ch. 281 and any lienholder of record, if any, within ten business days of recovery of, or taking possession of, the motor vehicle. This notice shall contain the information as to the make, model, license number, and identification number of the vehicle, the location of the vehicle, and the amount of reasonable J charges due on the vehicle. _I_n addition, the notice shall inform the registered owner and the lienholder, if any, that the impoundment of said vehicle may be challenged pursuant to Section 110-204 by serving a request for hearing on the Hearing Board, within ten days from the date of the notice The notice shall further state that if no hearing is requested, the vehicle shall be deemed abandoned unless the charges thereon are paid within 45 days of the date of the notice. When the owner of the facility fails to provide notice as provided herein, the motor vehicle storage facility shall forfeit all storage fees accrued after ten business days from the date of tow. This subsection (b) shall not apply to a tow lot or storage facility owned or operated by the city. SECTION 3. That Section 110-203 is hereby amended to read as follows: Sec. 110-203. Maximum holding time; sale of vehicle. Any person engaged in the business of storing or towing motor vehicles in either a private capacity or for the city who has substantially complied with the requirements of section 110-202 shall have a lien on the motor vehicle for the reasonable or agreed charges for storing or towing the vehicle as long as it remains in his possession. If, after a period of 45 days, following the date of the notice as provided in Section. 110-202, the reasonable or agreed charges for storing or towing a motor vehicle have not been paid, the motor vehicle may be sold to pay the charges after the owner has been notified by certified mail ten days prior to the time and place of the sale. If the proceeds of the sale of any vehicle pursuant to this section are insufficient to satisfy accrued charges for towing, transporting, and storage, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of unpaid towing, transporting, and storage charges by the owner or responsible casualty insurer of the vehicle. This lien shall be subject to prior recorded liens. SECTION 4. A New Section. A new section shall be created in Chapter 110, Article III, Division 2, Impounding, Section 204 of the Paducah Code of Ordinances as follows: Challenges to Validity of Impoundment. (a) The owner of a motor vehicle which has been impounded pursuant to Section 110-201 or other person entitled to possession may challenge the validity of such impoundment and request in writing a hearing before the Hearing Board. L—) (b) The hearing shall be conducted within ten business days of the date of the request unless the owner or other person entitled to possession waives the limitation or the Hearing Board shows good cause for such delay. No less than five days prior to the date set for the hearing the Hearing Board shall notify the person requesting the hearing of the date time and place of the hearing_ 427 (c) The vehicle shall remain impounded pending the hearing, unless the owner or other person claiming right of possession posts a bond in an amount equal to the fines and fees accrued as of the date of the hearing request or seventy-five dollars ($75) whichever is less. If the owner or person claiming possession of the vehicle is unable to pay the amount of the bond the hearing shall be held within seventy-two (72) hours of the date the request for hearing is received unless such person requests or agrees to a continuance. Notice of the hearing in this instance shall be given to the person requesting the hearing as soon as practicable. (d) AU person who refuses or, except for good cause fails to appear at the time and place set for the hearing shall be deemed to have conceded on his and the owner's behalf of the validity of the impoundment. (e) At the hearingthe Hearing Board may consider a parking citation or any other written report made under oath by the issuing officer in lieu of the officer's personal appearance. After consideration of the evidence the Hearing Board shall determine whether the impoundment was valid and reasonable. Where it has not been established that the impoundment was justified an order releasing the vehicle shall be entered. All fines and fees paid or amounts posted as bond because of the impoundment of the vehicle shall be returned. The city shall be liable to the private person or business responsible for towing and storing the vehicle for reasonable or a rg eed upon towing and storage fees Where it is established that the impoundment is justified, the Board shall uphold the impoundment and condition the release of the vehicle upon payment of all fines and fees accruing thereto If bond has been posted as security for release of the vehicle said bond shall be forfeited to the City of Paducah Any fines or fees in excess of the amount of the bond posted shall be ordered to be paid by the owner of the vehicle to the City of Paducah and/or the private person or business responsible for towing or storing the vehicle The Board shall furnish the owner or person appearing on the owner's behalf with a copy of its order. (fl An appeal from the Hearing Board's determination may be made to McCracken District Court within seven (7) dys of the Board's determination. SECTION 4. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS ATTEST: I l City Clerk Z&ck Introduced by the Board of Commissioners, November 19, 2002 Adopted by the Board of Commissioners, December 17, 2002 Recorded by City Clerk, December 17, 2002 Published by The Paducah Sun, December 27, 2002 MITI M