Title 12 - Traffic

12.20.001 Authority to Tow or Impound.

The police department, and all members thereof, are authorized to remove or tow away, or have removed and towed away by a commercial towing service to an impound lot or other safe place designated by the City, all motor vehicles found under the hereinafter enumerated circumstances:

1. A.
   When any motor vehicle upon a street is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle cannot safely operate the motor vehicle or are unable to provide for its custody or removal to a lawfully secure location; or
2. B.
   When any motor vehicle is parked illegally in such a manner as to constitute a hazard or obstruction to the safe movement of traffic; or
3. C.
   When the operator of any motor 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. D.
   When any motor vehicle is abandoned or left unattended on a highway, public road or City-owned property for a period of time in excess of 48 consecutive hours; or
5. E.
   When any 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
6. F.
   When any motor vehicle determined to be stolen or taken without the consent of its owner is found upon the public street; or
7. G.
   When any motor vehicle is subject to seizure as evidence in a criminal prosecution; or
8. H.
   When any motor vehicle is subject to seizure or forfeiture under the laws of this state or federal law; or
9. I.
   When any motor vehicle is parked in violation of notice indicating that the area used as the Farmer’s Market is unavailable for parking during the hours posted and vehicles parked in that area during posted hours will be towed at the owner or operator’s expense. The notice must be posted at the two main points of entry to the Farmer’s Market and must meet the following additional requirements:

   1. 1.
      The notice must clearly indicate, in not less than two inch high, light reflective letters on a contrasting background, that vehicles will be towed at the owner’s expense.
   2. 2.
      The words "tow away zone" must be included on the sign in not less than four inch high letters.
   3. 3.
      The notice must contain the following language:

      "If you believe your vehicle may have been towed from this property, please contact the Overland Park Police Department."

   4. 4.
      The sign must be permanently installed, with the bottom of the sign not less than seven feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing or removal of vehicles.

(History: Ord. TC-1260,FFFF §76, 2022; Ord. TS-2457 §1, 2004; TS-1981 §1, 96; TS-1674 §1, 91; TS-1433 §1, 87) (State Law: K.S.A. 8-1102)