The governing body may, by resolution, establish and fix the location of such traffic control devices as may be deemed necessary to guide and warn traffic under the provisions of this chapter, other traffic ordinances and the state laws. In addition, the governing body may, by resolution, delegate the responsibility for establishing and fixing the location of such devices to officials of the city. The city shall place and maintain such traffic control signs, signals and devices when and as may be required by the authority of the governing body to make effective the provisions of this chapter and other ordinances for the regulation of traffic. Any official traffic control device placed pursuant to this section shall be marked and labeled on a map of the City of Park City for the purpose of displaying all such traffic control devices and shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable hours of business.
(Ord. 990; Code 2021)
The maximum speed limits as set out in Section 33 of the currently adopted Standard Traffic Ordinance for Kansas Cities are hereby amended as follows:
Sec. 33. Maximum Speed Limits.
(a) Except as provided in subsection (b) and except when a special hazard exists that requires lower speed for compliance with K.S.A. 8-1557, and amendments thereto, the limits specified in this subsection or established as authorized by law shall be maximum lawful speeds, and no person shall operate a vehicle at a speed in excess of such maximum limits:
(1) On all streets within the city the maximum speed limit shall be twenty-five (25) miles per hour unless a different maximum speed limit is posted or established herein.
(2) On Broadway from the south city limits to 77th Street North, the maximum speed limit shall be forty (40) miles per hour.
(3) On Broadway from 77th Street North to a point two thousand six hundred forty (2,640) feet north of the intersection of Broadway and 85th Street North, the maximum speed limit shall be forty-five (45) miles per hour. A “Reduced Speed Ahead” sign shall be placed three thousand one hundred fifteen (3,115) feet north of the intersection of Broadway and 85th Street North facing north and located on the west side of Broadway.
(4) On Broadway from a point two thousand six hundred forty (2,640) feet north of the intersection of Broadway and 85th Street North to the north city limits the maximum speed limit shall be fifty-five (55) miles per hour.
(5) On Hydraulic Street from the south city limits to a point one hundred-seven (107) feet south of the intersection of Beaumont Street with Hydraulic Street the speed limit shall be forty (40) miles per hour. From that point one hundred-seven (107) feet south of the intersection of Beaumont Street with Hydraulic Street north to 61st Street North the speed limit shall be thirty-five (35) miles per hour. From the intersection of 61st Street North and Hydraulic Street north to a point on Hydraulic Street 1150 feet south of the northeast corner of Section 9, Township 26, Range 1E the speed limit shall be thirty-five (35) miles per hour. From that point 1150 feet south of the northeast corner of Section 9, Township 26, Range 1E on Hydraulic Street north to 69th Street the speed limit shall be forty (40) miles per hour. From 69th Street north to the north city limits the speed limit shall be fifty-five (55) miles per hour.
(6) On Mill Heights Drive, Blake Drive and Chuzy Drive the speed limit shall be thirty (30) miles per hour.
(7) On 53rd Street from the west city limits to the east city limits the speed limit shall be forty (40) miles per hour.
(8) On 61st Street from the west city limits to the east city limits the speed limit shall be thirty-five (35) miles per hour.
(9) On 63rd Street from the intersection of that street with Broadway Avenue to the intersection of that street with Newcastle Street and on that portion of Newcastle Street from 63rd Street to its intersection with Sioux Street the speed limit shall be fifteen (15) miles per hour.
(10) On 77th Street from the west city limits to the east city limits the speed limit shall be forty (40) miles per hour.
(11) On 85th Street from the west city limits to the east city limits the speed limit shall be fifty (50) miles per hour.
(12) On 101st Street from the west city limits to the east city limits the speed limit shall be fifty-five (55) miles per hour.
(13) Independence Street from 61st Street to Forestor Street and 61st Street from thirty-four (34) feet west of the west right-of-way of West Parkview west a distance of six hundred fifty-two (652) feet are designated as School Speed Zones. At all times that the traffic signal system alerting drivers to the presence of a School Speed Zone is activated along 61st Street or on Independence Street when a school child or children are occupying a marked crosswalk; are waiting at the curb or on the shoulder of the street; are about to cross the street by way of the marked crosswalk; or are present or walking along the street, either on the adjacent sidewalk or, in the absence of sidewalks, on the shoulder within the posted School Speed Zone, the speed limit shall be twenty (20) miles per hour.
(14) On any separated multilane highway, as designated and posted by the secretary of transportation.
(15) On any county or township highway the speed limit shall be fifty-five (55) miles per hour.
(b) No person shall drive a school bus to or from school, interschool or intraschool functions or activities, at a speed in excess of the maximum speed limits provided in subsection (a), except that the board of education of any school district may establish by board policy lower maximum speed limits for the operation of such district’s school buses. The provisions of this subsection relating to school buses shall apply to buses used for the transportation of students enrolled in the community colleges or area vocational schools, when such buses are transporting students to or from school, school functions or school activities.
(Ord. 988; Ord. 992; Ord. 993; Ord. 1043; Ord. 1112; Ord. 1116; Code 2021; Ord. 1130-2021; Ord. 1135-2021; Ord. 1156; Ord. 1157; Ord. 1158; Ord. 1179; Ord. 1194)
When stop signs are erected and maintained giving notice thereof, drivers of vehicles shall stop before entering intersecting or cross streets or portions of intersecting or cross streets. The determination of the location of stop signs in the City of Park City shall be made by the governing body or by the City Administrator in consultation with the Chief of Police if so directed by the governing body.
(Ord. 991; Code 2021)
When yield signs are erected and maintained giving notice thereof, drivers of vehicles shall yield at the following intersections before entering any of the following streets or portions of streets:
(a) 51st Street North-Traffic on 51st Street North shall yield to Primrose Street traffic prior to entering the intersection; Traffic on 51st Street North shall yield to Newton Circle traffic prior to entering the intersection;
(b) Newton Circle-Traffic on Newton Circle shall yield to Primrose Street traffic prior to entering the intersection;
(c) Lancaster at East Parkview-Traffic on Lancaster Street shall yield to East Parkview traffic prior to entering the intersection.
(d) Ashford at East Parkview-Traffic on Ashford Street shall yield to East Parkview traffic prior to entering the intersection.
(e) Hartford at Beaumont-Traffic on Hartford shall yield to Beaumont Street traffic prior to entering the intersection.
(f) Forestor at Beaumont-Traffic on Forestor shall yield to Beaumont traffic prior to entering the intersection.
(g) Beaumont at Independence-Traffic on Beaumont shall yield to Independence traffic prior to entering the intersection.
(h) Cloverdale at Beaumont-Traffic on Cloverdale shall yield to Beaumont traffic prior to entering the intersection.
(i) Judson at East Parkview-Traffic on Judson shall yield to East Parkview traffic prior to entering the intersection.
(j) East Parkview at Beaumont-Traffic on East Parkview shall yield to Beaumont traffic prior to entering the intersection.
(k) Gary Street-Traffic on Gary Street shall yield to Ulysses Street traffic prior to entering the intersection;
(l) Frontenac Street-Traffic on Frontenac Street shall yield to Scottsville Street traffic prior to entering the intersection;
(m) Randall Street-Where it intersects with Ventnor Street;
(n) Scottsville Street-Traffic on Scottsville Street shall yield to Ventnor traffic prior to entering the intersection.
(o) Tarrytown at Fairchild-Traffic on Tarrytown Street shall yield to Fairchild traffic prior to entering the intersection.
(a) Vehicular parking is prohibited in the following locations:
(1) On Connolly Court.
(2) On the West Side of Jacksonville Street from 61st Street North to north entrance of Connolly Court.
(3) On west side of Wichita Street beginning at 53rd Street North south to the end of Wichita Street.
(4) On the east side of Broadway Street beginning 372.5 feet north of the 63rd Street North right-of-way line to 224.10 feet south of the 63rd Street North right-of-way line.
(5) On the east side of Independence Drive beginning at the intersection of E. 61st Drive North Frontage Road and Independence Drive; thence northwesterly to the intersection of Independence Drive and Jacksonville Drive.
(6) On the south side of Denver Drive beginning at the intersection of West Parkview Drive and Denver Drive; thence west to the intersection of Denver Drive and Mobile Drive.
(7) On the west side of Evanston Drive beginning at the intersection of Mobile Drive; thence north and east to the intersection of Evanston Drive and West Parkview Street.
(8) On the west side of Mobile Drive beginning at the intersection of Jacksonville Drive and Mobile Drive; thence north to the intersection of Mobile Drive and Denver Drive.
(9) On the north side and the south side of the Park Road.
(10) On the east and west sides of Air Cap Drive.
(11) On Grove Street [from Charleston to Fairchild Street] adjacent to public parks from Midnight to 4:00 a.m., 7 days a week.
(12) On the west side of the access street east of Hydraulic, between Broadbeck and Ravena Streets.
(13) On the south side of the access road north of 61st Street, between Kerman and Grove Streets.
(14) On the south side of the access road on the north side of 61st street from East Parkview to Jacksonville Streets.
(15) On the north side of the access road on the south side of 61st street from Independence to Hydraulic.
(16) On any portion of any street within the city limits of the City of Park City where it is determined by the Chief of Police and the City Administrator that vehicular parking should be prohibited in the best interests of the health, safety and welfare of the citizens of the City; provided; however, that any such prohibition shall only become effective when a report of such a determination is made to the governing body and a sign is erected as set forth in subparagraph (c) below.
(b) In order to facilitate the safe and efficient collection of trash within the City, vehicular parking is prohibited between the hours of 8:00 am and 5:00 pm each and every Tuesday in the following locations:
(1) On the north side of Beaumont Street beginning thirty-seven feet west of the west line of the private drive of the property commonly identified as 1618 Beaumont Street and continuing west to the intersection of Beaumont Street and East Parkview Street.
(2) On the south side of Arlington Drive beginning at the intersection of East Parkview Street and Arlington Drive and continuing west to the intersection of Arlington Drive and West Parkview Drive.
(3) On the south side of Broadbeck Drive beginning at the intersection of East Parkview Street and Broadbeck Drive and continuing west to the intersection of Broadbeck Drive and West Parkview Drive.
(4) On the south side of Charleston Drive beginning at the intersection of East Parkview Street and Charleston Drive and continuing west to the intersection of Charleston Drive and West Parkview Drive.
(5) On the south side of Denver Drive beginning at the intersection of Hydraulic Avenue and Denver Drive and continuing west to the intersection of Denver Drive and West Parkview Drive.
(6) On the north side of Evanston Drive beginning at the intersection of Hydraulic Avenue and Evanston Drive and continuing west to the intersection of Evanston Drive and West Parkview Drive.
(7) On the north side of Frontenac Drive beginning at the intersection of East Parkview Street and Frontenac Drive and continuing west to the intersection of Frontenac Drive and West Parkview Drive.
(8) On the south side of Gary Drive beginning at the intersection of Hydraulic Avenue and Gary Drive and continuing west to the intersection of Gary Drive and Louisville Drive.
(9) On the north side of Beaumont Street beginning at the intersection of Hydraulic Avenue and Beaumont Street and continuing west to the intersection of Beaumont Street and East Parkview Street.
(10) On the north side of the 1400 block of Ashford Drive except for the west 195 feet and the west side of the 1500 block of Ashford Place.
(c) Appropriate signs indicating “No Parking” shall be posted along the affected length of each street set out in subparagraphs (a) and (b) above.
(d) No person shall leave a Recreational Vehicle parked on any street, highway or road within the corporate limits of the City of Park City except as provided below:
(1) A Recreational Vehicle left parked as a result of a mechanical breakdown so as to allow the performance of emergency repairs on such vehicle for a period not to exceed twenty-four (24) hours; provided the vehicle remains attached to a power unit and does not create a traffic hazard.
(2) A Recreational Vehicle parked on the street for the purpose of actively loading and unloading for a period not to exceed forty-eight (48) hours; provided the vehicle remains attached to a power unit and does not create a traffic hazard.
(3) “Recreational Vehicle” is defined for the purposes of this section as a vehicle which is primarily designed and used for travel, camping, recreation or temporary living quarters and is of such size and weight as not to require special highway movement permits when drawn by a motorized vehicle. Recreational Vehicles include motor homes, mini-motor homes, converted buses, converted camper vans, camping trailers, fifth-wheel trailers and other similar vehicles.
(4) “Loading and unloading” is defined as the loading and unloading of passengers, merchandise or other contents that facilitate the use of a Recreational Vehicle for its defined purposes.
(e) Any enforcement official may move, cause to be moved or impound a Recreational Vehicle found to be in violation of this regulation with any cost or expense associated therewith to be charged to the owner of the Recreational Vehicle.
(Ord. 889; Ord. 1097; Ord. 1110; Code 2021; Ord. 1131-2021)
(a) When “Do Not Enter” signs are erected and maintained giving notice thereof, drivers of vehicles shall not enter the following intersection or portion of Street:
(1) Beaumont Street-When entering the west end of Beaumont Street at the 1000 block.
(b) These “Do Not Enter” signal/signs shall be operational during school zone hours as established by the Board of Education for USD 259.
No parking for vehicles with a gross weight exceeding twelve thousand (12,000) pounds
(1) On the West side of the street from 61st street North, to the North entrance of Connolly Court.
(2) On the 1600 block of the 61st street access road and in the 6200 block of the Hydraulic access road.
(Ord. 1043; Code 2021)
Truck or other commercial vehicle traffic shall be limited to Interstate Highway I-135 and designated truck routes. The following are hereby designated and established as truck routes within the corporate limits of the City of Park City, Kansas, for the use of trucks and other commercial vehicles:
(a) Air Cap Drive;
(b) Beaumont Street west of Air Cap Drive;
(c) Broadway;
(d) Hydraulic, except that no through truck or other commercial vehicle traffic shall be permitted between 53rd Street North and 77th Street North;
(e) 53rd Street North;
(f) 61st Street North;
(g) 69th Street North, except that no through truck or other commercial vehicle traffic shall be permitted between Broadway and Hydraulic;
(h) 77th Street North; and
(i) 85th Street North.
(Ord. 1112)
For the purpose of this Article, the term “truck or other commercial vehicle” shall mean any truck, tractor, construction equipment such as motor graders, bulldozers of caterpillar-type tractors, or other device in, upon, or by which any person or property is or may be transported when such vehicle or combination of vehicles being towed or pushed has a gross weight in excess of sixteen thousand (16,000) pounds or more, and/or has assigned and affixed to it a vehicle tag bearing the weight class greater than “16W”.
Upon the posting of signs designating the truck routes as provided herein, every truck or other commercial vehicle as defined herein, except trucks or other equipment engaged in the construction, repair or maintenance of streets or other public utilities, shall use and follow such prescribed truck route or routes while within the City of Park City, Kansas, and shall not use any other roadway except those designated and marked as a truck route. Provided, that when it may be necessary for any such vehicle to deliver or unload cargo or to load or receive cargo at any destination within the city and the same is not prohibited by another ordinance, such vehicle may leave the truck route at the street intersection nearest to said destination and return to the truck route by the most direct street to said truck route. Provided further, that Park City Police Officers may direct the routing of such vehicles.
Any owner or operator of a truck or other commercial vehicle subject to this article, which is principally garaged, parked or kept on the premises or place of business of said owner or operator within the City of Park City, Kansas, may operate such vehicle from a designated truck route to the place such vehicle is to be garaged, parked or kept by the closest and most direct route. This does not authorize the parking of said truck or commercial vehicle upon the streets of the City of Park City, Kansas, or relieve said owner or operator from the provisions of any other applicable ordinances of the City of Park City, Kansas.
Any police officer having reasonable belief that the gross weight of a vehicle or combination of vehicles is unlawful, is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that such vehicle be driven to any scales suitable to this purpose within the corporate city limits of Park City, Kansas. However, no weighing of the vehicle shall be required if the legend of the tag of said vehicle is more than (16M) in order for said vehicle to be subject to the terms and penalties of this provision.
Any person, firm or corporation found guilty of violating the provisions of this article shall be subject to a fine of not more than Five Hundred Dollars ($500.00).
The governing body having determined that is in the best interest of the health, safety, and welfare of the citizens of Park City, Kansas, to designate bus street parking areas, hereby designates and establishes the following street parking areas within the City of Park City, Kansas, which may be utilized for the purpose of parking buses in addition to privately owned cars and pickups: Air Cap Drive, the west side of Independence Street between Beaumont Street and Forestor Street.
Beyond the parking of buses authorized in Section 14-215, the City further authorizes and allows the bus street parking at the home or residence of the bus operator between the hours of 8:00 a.m. and 3:00 p.m. on days that school is in session as designated by U.S.D. #259, Wichita Public Schools, Wichita, Kansas. Bus street parking other than in the areas designated above, at times other than specified herein shall be a violation of this provision.
(a) For the purpose of this article, the term “bus” shall mean every self-propelled vehicle originally designed for carrying more than ten (10) passengers.
(b) For the purpose of this article, the term “park”, “parked”, and “parking” shall mean the standing of a vehicle, whether occupied or not, other than temporarily being parked for the purpose and actually there being engaged in a loading or unloading of passenger(s) and/or property.
Upon the posting of signs designating bus street parking areas as provided herein, every bus, as defined herein, except as allowed in Section 14-216, shall only be parked within a designated bus street parking area. This language does not relieve the owner or operator of said bus(es) from the provisions of any other applicable ordinances of the City of Park City, Kansas.
Any owner or operator of a bus parked in violation of the provisions of this article upon being found guilty of violating the provisions of the same, shall be subject to a fine of not more than Twenty Dollars ($20.00) and court costs.
It shall be and is hereby declared unlawful to park any vehicle of any kind or nature in a designated construction zone within the corporate city limits of the City of Park City, Kansas. This restriction extends to the frontage streets and residential streets falling within a marked construction zone.
Any vehicle parked in a construction zone shall be subject to immediate towing, with the costs associated with the same to be paid by the owner of the vehicle, or his or her designated representative, prior to the vehicle being released to the owner or the owner’s designated representative.
Any person and/or owner of a motor vehicle illegally parked in a construction zone shall be subject to a fine of not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00) and the court costs of the action.
(a) Litter, for purposes of this section, means rubbish, refuse, waste material, garbage, trash or debris of whatever kind or description, including improperly discarded paper, metal, plastic or glass.
(b) No person shall throw, place or drop Litter or allow Litter to be thrown, placed or dropped from a Motor Vehicle onto or upon any Highway, Road or Street. The driver of the Motor Vehicle may be cited for any Litter thrown, placed or dropped from the Motor Vehicle unless any other person in the Motor Vehicle admits to or is identified as having committed the act.
(a) Except as provided herein, Criminal Littering is intentionally or recklessly depositing or causing to be deposited any object or substance into, upon or about: (1) any public Street, Highway, Alley, Road, Right-of-Way, Park or other public place, or any lake, stream, watercourse or other body of water, except by direction of some public officer or employee authorized by law to direct or permit such act; or (2) any private property without the consent of the owner or occupant of such property.
(a) Upon a first conviction of Littering from a Motor Vehicle or Criminal Littering, a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) and upon a second or subsequent conviction, a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00).
(b) In addition to the fine in this provision, a person convicted of Littering from a Motor Vehicle and/or Criminal Littering shall be required to pick up Litter for a time prescribed by and place within the corporate limits of Park City.
(a) That it is necessary and appropriate that provisions be made to allow the use of electric and/or gas assisted motorized scooters within the city limits of the City of Park City, Kansas
(b) That vehicle registration is not required on electric and/or gas motor scooters driven on residential streets only, but such electric motor and/or gas motor scooters are not permitted to be driven on arterial roadways. The driver of any such electric and/or gas motor scooter must be at least sixteen (16) years of age and have a valid driver’s license in possession. An instructional permit does not constitute a valid driver’s license.
(c) That the electric and/or gas motor scooter must have a headlight, tail light, brake light, turn signals and horn, all of which must be operational.
(d) That the electric and/or gas motor scooter shall follow all standard traffic ordinances for the State of Kansas and the City of Park City, Kansas.
It shall be unlawful for the driver of any truck as defined in this chapter to use or operate or cause to be used or operated within the City of Park City, Kansas, any mechanical exhaust device designed to aid in the braking or deceleration of any vehicle which results in the excessive, loud, unusual or explosive noise from such vehicle, or otherwise known as jake-braking.
(a) No person shall drive, stand or park any vehicle upon, across or onto the lawn, sidewalk, yard, farmland, crops or fence or other real or personal property of another person, without the consent of such property owner or person having lawful possession or control of such property.
(b) No person shall drive, stand or park any vehicle upon, across or onto any lawn, sidewalk, yard, park or other property, not intended for vehicular travel or parking, owned by or under the control of the City of Park City without consent of the Mayor of Park City, Kansas.
(c) Any person convicted of a violation of this section shall be deemed guilty of a misdemeanor and punished by a fine not to exceed five hundred dollars ($500.00) or by a term of imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Any police officer is hereby authorized to remove, or cause to be removed to a place of safety; any vehicle parked or left standing in violation of this section.
(a) No person shall leave abandoned or unattended, for a period in excess of 48 hours, any vehicle parked, stopped or left standing, in or upon any parking lot that is owned by or under the control of the City of Park City, without the consent of the Mayor or governing body of the City of Park City, Kansas.
(b) No person shall leave abandoned or unattended any vehicle parked, stopped, or left standing, on any street, alley, access easement, road, or drive which is owned by the City of Park City, which blocks, restricts or impedes the normal flow of vehicular traffic to other portions of any street, alley, access easement, road, or drive, or access to any building, facility, park field, or work site owned by, or under the control of the City of Park City.
(c) No person shall park, stop or leave standing or unattended, any vehicle on any street designated as an emergency snow route.
(d) Any police officer is hereby authorized to remove, or cause to be removed to a place of safety, any vehicle found to be in violation of this section.
(a) No person operating or occupying a motor vehicle on any street, highway, alley, parking lot, or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty (50) or more feet from the vehicle.
(b) Definitions.
(1) Sound Amplification System means any radio, tape player, compact disc player, loudspeaker, or other electronic device used for the broadcasting or amplification or sound.
(2) Plainly Audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty (50) or more feet. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked, or moving on any street, highway, alley, parking lot, or driveway.
(c) Affirmative Defense. It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
(1) The system was being operated to request medical or vehicular assistance, or to warn of a hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by the City of Park City, or a gas, electric, communications, or refuse company;
(4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in compliance with ordinances of the City of Park City;
(5) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions, and other activities which have the approval of the department of the city authorized to grant such approval.
(d) PENALTIES: Any person, individual, partnership, corporation, or association who violates any of the provisions of this section is guilty of an ordinance violation, and upon conviction, shall be punished by a fine not to exceed five hundred dollars, ($500.00), or by imprisonment of not more than six (6) months, or by both such fine or imprisonment. Each day any violation hereof is found to exist, or continues to exist, shall be a separate offense and punishable as such hereunder.
Whenever the person in possession or control of any private property used by the public for the purpose of vehicular traffic by permission of the owner, shall cause to be posted at each entrance thereto a permanently lettered clearly legible sign with the following legend:
“TRAFFIC REGULATIONS OF THE CITY OF PARK CITY ENFORCED ON THIS PROPERTY. SPEED LIMIT _____ M.P.H. (OR AS POSTED).”
Then such private property shall thereafter be deemed to be under the traffic regulations of the City of Park City, Kansas, as provided by law.
(a) It shall be unlawful for any person to abandon, park or leave unattended a vehicle on the property of another unless authorized by the owner or person in charge of such property to do so. Provided, however, that this section shall apply only when such property is clearly and visibly marked by a sign or signs having lettering of at least one and one-half inches high and one-half inches wide, specifically indicating that unauthorized parking is prohibited and further clearly and visibly marked with lettering at least one inch high and three-eighths inch wide indicating that unauthorized vehicles will be towed away at the vehicle owner’s expense.
(b) In any proceeding for the violation of this section, the registration plate displayed on the motor vehicle in violation shall constitute in evidence a prima facie presumption that the owner of such motor vehicle was the person who parked or placed such motor vehicle at the place where the violation occurred.
(c) For purposes of this article, the term “vehicle” shall include a semi-trailer or trailer that is not attached to a truck tractor or other motor vehicle capable of moving the semi-trailer or trailer.
(a) The police department, and all members thereof are authorized to remove and/or tow away, or have removed and towed away by commercial or city owned towing service to an impound lot or other safe place designated by the city, without notice to the owner or lawful custodian of such vehicle, all vehicles found under the hereinafter enumerated circumstances:
(1) a vehicle upon a street, highway, bridge, or in any tunnel, that is so disabled or unattended so as to constitute an obstruction to traffic and the person or persons in charge of the vehicle cannot safely operate the vehicle or are unable to provide for its custody or removal to a lawfully secure location; or
(2) a vehicle that is parked illegally in such a manner as to constitute a hazard or obstruction to the safe movement of traffic; or
(3) when the operator of any vehicle is arrested and taken into custody by the police department and such vehicle would thereby be left unattended and create a hazard or obstruction to the safe movement of traffic; or
(4) when a vehicle is found being driven on the streets and is not in proper or safe condition to be driven and cannot be removed safely to a lawfully secured location by the owner or operator; or
(5) when the driver of a vehicle is injured in an accident and is unable to provide for its custody or removal; or
(6) when a vehicle is parked on a snow emergency route; or
(7) when a vehicle is illegally parked on public property and in any area also designated by signs as a tow zone and to which a uniform traffic citation has been affixed to said vehicle or presented to the owner or operator of said vehicle; or
(8) when a vehicle is parked in violation of Section 14-233; or
(9) when a vehicle is reported or determined to be stolen and is recovered; or
(10) when a vehicle is subject to seizure as evidence in a criminal prosecution; or
(11) when a vehicle is subject to seizure or forfeiture under the laws of this state or federal law.
(b) Vehicles which are subject to being towed and impounded pursuant to this section under conditions that do not constitute an immediate obstruction to the normal and safe movement of traffic and are determined to be abandoned shall not be towed or impounded until the vehicle has placed on its windshield or in another prominent location a sticker or placard indicating the vehicle is in violation of this article and shall be towed by the police department after forty eight hours from the time the sticker or placard was attached to the vehicle. The sticker or placard shall include such other information as the chief of police determines is necessary.
Except when the provisions of the Kansas Standard Asset Seizure and Forfeiture Act apply, all motor vehicles towed and impounded pursuant to the provisions of this Code shall be surrendered to the owner upon presentation of the following to the commercial or city tow service where the vehicle is impounded:
1. Proof of ownership of the vehicle by lawful title or other proof of lawful entitlement to the vehicle;
2. Proof of a driver’s license or other valid photo identification;
3. Proof of valid registration and proof of current liability insurance coverage for the vehicle; and
4. Payment of all storage charges and towing fees incurred in the towing and impounding of the vehicle unless the owner is otherwise relieved of that requirement by application of the hearing provisions set forth in this chapter.
(a) Owners or persons entitled to the lawful custody of impounded vehicles who wish to contest the validity of the vehicle tow may request a hearing for such purpose by notifying the Park City Municipal Court Clerk of the request in writing. The request shall state the grounds upon which the person requesting the hearing believes the impoundment invalid or unjustified. Absent exigent circumstances, such request must be made no later than five business days from impoundment of the vehicle or receipt of the notice of impoundment, whichever is later.
(b) A hearing for the purpose of determining the validity of the tow shall be held by the municipal court within seven days of receipt of proper request filed pursuant to this section, except where a vehicle has not yet been released from impoundment, in which case the court will set and conduct the hearing within three working days after such hearing is requested. The times of the hearing shall be set by the Clerk of the Municipal Court.
(c) Pending such hearing, the owner or person lawfully entitled to custody of any impounded vehicle may retrieve the impounded vehicle upon payment of an amount equal to the towing and storage charges incurred by the vehicle. If such payment is made, the vehicle will be released immediately upon proof of entitlement thereof.
If the owner or person lawfully entitled to custody of any vehicle does not make advance payment of the charges, then such vehicle will remain in storage until a hearing is had.
(d) The owner(s) and any other person(s) who have an interest in the vehicle are only entitled to one hearing for each tow of that vehicle. Any person who fails to appear at the hearing without good cause will not be entitled to have such hearing rescheduled.
(e) If, after hearing, the court determines that there was no factual basis for the impoundment of said vehicle, then the vehicle will be released to the owner or person lawfully entitled to custody thereof without costs, and any amount previously paid by such person for towing and storage charges will be returned to them by the wrecker service operator. If after hearing it is determined that the vehicle was lawfully towed, and towing and storage charges have been previously paid by the owner or person having lawful custody of the vehicle, then such payment may be retained by the wrecker service operator.
(f) If any owner or person lawfully entitled to custody of any impounded vehicle makes an advance payment of all towing and storage costs but does not appear at the designated time for hearing, such payment shall be forfeited to the wrecker service operator.
(g) Owners of vehicles which are stolen and impounded under the provisions of this title shall be responsible for payment of any charges in connection with towing or storage of any stolen vehicle.
(h) An appeal from an order of a municipal court judge made pursuant to this section of the code shall be directed to the Eighteen Judicial District Court of the State of Kansas pursuant to K.S.A. 60-2101(d) and amendments thereto.
(Ord. 931)