In the circumstances hereinafter enumerated preservation of public safety and welfare requires that immediate action be taken to remove motor vehicles from the public right of way. Therefore, any law enforcement officer, acting in his or her official capacity, is hereby authorized to exercise his or her discretion to order the towing or removal of any unoccupied vehicle from any street, alley, highway, sidewalk, or any other public way or place or from any restricted or prohibited parking area, without notice to or permission of the owner or person using the motor vehicle, to a public or private garage or yard suitable for the storage of impounded vehicles under any of the following circumstances:

(a)   When any vehicle is left unattended on any bridge, causeway or viaduct, where such vehicle constitutes an obstruction to the normal movement of traffic.

(b)   When a vehicle on a street is so disabled as to constitute an obstruction to traffic or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal.

(c)   When any vehicle is left unattended upon a street and is parked so illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.

(d)   When the driver of a motor vehicle is taken into custody by the police department and such vehicle would thereby be left unattended on a street.

(e)   When removal is necessary in the interest of public safety because of fire, flood, storm or other emergency reasons.

(f)   When a driver, owner or person in charge of such vehicle fails to appear in municipal court after a warrant has been issued and served upon said owner or person charged with a violation of the provisions of any traffic or parking law of the city.

(g)   When such vehicle is subject to tow or removal under the provisions of any section of this code or other ordinances of the city.

(h)   When the driver of any vehicle or the vehicle in which he or he is in is reasonably suspected of having being involved in any hit-and-run accident.

(i)    When any vehicle is reasonably suspected of being a stolen vehicle, or parts thereof to be stolen parts.

(j)    When the driver of any vehicle is taken into custody for suspected felony or misdemeanor, or when the vehicle is suspected of containing stolen goods or other contraband.

(k)   When any vehicle is illegally left standing under such circumstances as to obstruct the normal movement of traffic from or to private property.

(Code 1985)

Once a vehicle has been impounded and no police investigative hold is outstanding, the owner or lienholder may:

(a)   Immediately pay the accrued towing fee and storage charges, and thereby regain possession of the vehicle;

(b)   Refuse the above option and demand a hearing on the validity of the towing, to be held by the municipal court which shall be provided at the next regularly scheduled court date. Prior to such hearing, the owner or any lienholder may retrieve the impounded vehicle upon posting bond in the amount of $250 and if such bond is posted, the vehicle shall be released immediately. If the owner or lienholder does not post bond, such vehicle will remain impounded until a hearing is held. If after hearing, the municipal court determines that there was no factual or legal basis for the impoundment for the vehicle, the vehicle will be released to the owner or lienholder without cost, and any bond, posted, will be returned. If after hearing it is determined that the vehicle was lawfully towed, all charges shall be paid by the owner or lienholder; such charges may be made for partly or in whole by the bond, if cash, and any surplus bond money will be returned. If any owner or lien holder posts bond but does not appear at the designated time for hearing, such bond shall be forfeited.

(Code 2004; Code 2019)

Whenever, pursuant to the terms of this article, a vehicle has been stored in any public or private garage or yard maintained or designated by the city for the storage of impounded vehicles for a period of 15 days, and no claim of ownership or the right to possession thereof has been made, or when such claim has been made but not established to the satisfaction of the chief of police, and no suit or action to determine such claim has been instituted, vehicle shall be declared abandoned and disposed of in the manner provided by K.S.A. 8- 1102.

(Code 1985)