CHAPTER 14. TRAFFICCHAPTER 14. TRAFFIC\Article 3. Abandoned Motor Vehicles on Public Property

The police department may cause to be impounded:

(a)   Any motor vehicle unlawfully parked on a highway in violation of any provision of a city ordinance which prohibits the parking of vehicles at the place where or time when the impounded motor vehicle is found.

(b)   Any motor vehicle that has been abandoned and left on a highway or other property open to use by the public for a period in excess of 48 hours pursuant to K.S.A. 8-1102.

(c)   Any vehicle which interferes with public highway operations.

(d)   Any motor vehicle which:

(1)   Is subject to removal pursuant to K.S.A. 8-1570, or 8-1102, or

(2)   Is subject to seizure and forfeiture under the laws of the state, or

(3)   Is subject to being held for use as evidence in a criminal trial.

(e)   Any motor vehicle, the continued presence of which, because of the physical location or condition of the motor vehicle, poses a danger to the public safety or to the motor vehicle.

(f)   Any motor vehicle which has been abandoned or parked on any real property, other than public property or property open to use by the public, may be moved and disposed of in accordance with the terms of this article by the police department upon the request of the owner or occupant of such real property. The real property referred to herein shall not be owned or leased by the person who abandons or parks said vehicle or by the owner or lessee of such vehicle. The city or any person, partnership, corporation or their agent conducting a business enterprise for the purpose of towing vehicles which removes such vehicle from the real property at the request of the police department shall have a possessory lien on such vehicle for the cost incurred in removing, towing and storing such vehicle. For the purposes of this article, common areas shall be construed not to mean public property or property open to the public. The cost of such impoundment shall be borne by the owner of the vehicle.

(Code 2004)

The police department may authorize storage of such impounded motor vehicles at any location, public or private, which is zoned for the storage of motor vehicles. Costs of such storage shall be paid by the owner of the vehicle prior to such vehicle being returned to such owner.

(Code 2004)

In all cases wherein the owner or operator of a motor vehicle which is on a public street has requested that the motor vehicle be left unattended at that location, in lieu of impoundment of the motor vehicle pursuant to section 14-302, the police department may honor said request for a period of time not exceeding 48 hours, after which time the motor vehicle shall either be removed from the location by the owner or operator or be impounded by the police department. The police department shall be immune from liability for any damage, loss or destruction of the motor vehicle occasioned by its being left unattended pursuant to the request of the owner or operator thereof, in lieu of impoundment.

(Code 2004)