Title 12 - Traffic

12.20.004 Hearing Procedure.

1. A.
   Owners or persons entitled to the lawful custody of impounded motor vehicles who wish to contest the validity of the motor vehicle tow may request a hearing for such purpose by notifying the Overland Park police department of the request in writing.
2. B.
   A hearing for the purpose of determining the validity of the tow shall be held by the Municipal Court within three working days after such hearing is requested. The time of the hearing shall be set by the Clerk of the Municipal Court.
3. C.
   Pending such hearing, the owner or person lawfully entitled to custody of any impounded vehicle may retrieve the impounded vehicle upon posting bond with the Clerk of the Court or the police department in the amount of the towing charge and storage fees. Upon showing to the commercial tow service proof of the posting of the bond, the motor vehicle shall be released immediately. If a bond is not posted, the vehicle shall remain in storage until the requested hearing is held.
4. D.
   If the Municipal Court Judge determines the vehicle was lawfully towed pursuant to the provisions of 12.20.001 herein, then all charges shall be paid by the owner or person lawfully entitled to custody of the vehicle. Such charges may be paid for partly or in whole by the bond, if posted, and any surplus bond money shall be returned.
5. E.
   If the Municipal Court Judge determines the vehicle was not towed pursuant to the provisions of 12.20.001 herein, the Court shall order the immediate release of the vehicle to its lawful owner without costs, and any bond posted shall be returned.
6. F.
   Should any owner or person lawfully entitled to custody of an impounded vehicle post bond but fail to appear after being notified of the time for the hearing, such bond shall be forfeited.

(History: Ord. TS-1433 §4, 87)

Effective on: 1/1/1901