ORDINANCE NUMBER 25-11241
AN ORDINANCE AMENDING SALINA CODE SECTIONS 38-42 AND 38-56 PERTAINING TO PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION AND HEARING PROCEDURES FOR OWNERS OF IMPOUNDED VEHICLES, AND REPEALING EXISTING SECTIONS 38-42 AND 38-56.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Amendment. Section 38-42 of the Salina Code is amended to read as follows:
Sec. 38-42 – Parking on Private Property Without Permission Prohibited.
(a) It shall be unlawful for any person to park, place or leave standing, whether attended or unattended, any vehicle upon the private real property of another, without the consent of the owner or lessee of the real property.
(b) A private property owner or lessee is authorized to have a vehicle removed from their property, without involvement of a law enforcement officer, if the vehicle is parked in violation of subsection (a).
(c) Any dispute arising from the removal of a vehicle under this subsection shall be a civil matter between the vehicle owner and the private property owner or lessee who authorized the tow. The city shall not be responsible for adjudicating such disputes and shall not be liable for any claims arising from the towing of a vehicle at the request of a private property owner or lessee under this subsection.
(d) Pursuant to K.S.A. 8-1103(c), as amended, any wrecker or towing service which tows a vehicle from private property at the request of a private property owner or lessee shall comply with the following requirements:
(1) The wrecker or towing service shall not charge wrecker or towing service and storage fees in excess of the following amounts, which shall be included in the fee schedule pursuant to Section 2-2:
Towing: Accident and Impound |
Automobiles and Pickups (up to 12M) | Light Duty | $180.00 |
Motorcycles | Light Duty | $180.00 |
12M Trucks—24M Trucks | Medium Duty | $180.00 |
26M Trucks—85M Trucks (2 hour minimum) | Heavy Duty | $300.00 |
8M—12M Trailers | Medium Duty | $240.00 |
Over 12M Trailers | Heavy Duty | $300.00 |
Storage/Impound Fees (per day) |
Light Duty | Outside/Inside | $45.00/$65.00 |
Medium Duty | Outside/Inside | $55.00/$85.00 |
Heavy Duty | Outside/Inside | $85.00/$200.00 |
Mileage (Outside City Limits) Portal to Portal |
Light Duty | Unloaded/Loaded | $4.00/$6.00 |
Medium Duty | Unloaded/Loaded | $4.00/$6.00 |
Heavy Duty | Unloaded/Loaded | $8.00/$8.00 |
Other Services |
After Hours Release (after normal operating hours) | | $75.00 |
On-Site Release (already off ground) | | $90.00 |
Driveline removal |
Light Duty | | $75.00 |
Medium Duty | | $75.00 |
Heavy Duty | | $150.00 |
Winching (1/2 hour minimum) |
Light Duty | Hourly rate | $85.00 |
Medium Duty | Hourly rate | $125.00 |
Heavy Duty | Hourly rate, 2 hour minimum | $300.00 |
Scene Cleanup (if applicable after first 15 minutes) | Hourly rate | $100.00 |
Dolly/Go-Jacks |
| $250.00 |
Service Call | Minimum | $100.00 |
Service Call Enroute Mileage | Per mile | $4.00 |
Labor | Hourly | $100.00 |
Standby Time (if applicable after first 30 minutes) | Hourly | $100.00 |
(2) The owner of a vehicle towed from private property pursuant to this section shall have access to personal property at such times, and in such manner, as prescribed by section 38-52.
(3) The wrecker or towing service shall report to the police department within two (2) hours of such tow, in accordance with section 38-53.
(e) It is declared to be a public offense for any person to violate subsection (a) and any person convicted of such violation thereof shall be punished by a fine of not more than fifty dollars ($50.00).
Section 2. Amendment. Section 38-42 of the Salina Code is amended to read as follows:
Sec. 38-56. Hearing procedures.
(a) Owners or persons entitled to the lawful custody of motor vehicles impounded pursuant to this chapter by order of the police department and without the prior consent and authorization of the vehicle owner or operator who wish to contest the validity of the motor vehicle tow may request a hearing for such purpose by notifying the clerk of the municipal court 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 (5) business days from receipt of the notice of impoundment.
(b) A hearing for the purpose of determining the validity of the tow shall be held by the municipal court within seven (7) working days after such hearing is requested. The time of the hearing shall be set by the clerk of the municipal court.
(c) Pending the hearing, the owner or person lawfully entitled to custody of any vehicle impounded pursuant to this chapter may retrieve the impounded vehicle upon posting bond with the clerk of the municipal court in the amount of the towing charges, storage fees and, if applicable, parking fines. 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.
(d) If the municipal court judge determines the vehicle was lawfully towed pursuant to this chapter, then all charges shall be paid by the owner or person lawfully entitled to custody of the vehicle. The charges may be paid for partly or in whole by the bond, if posted, and any surplus bond money shall be returned.
(e) If the municipal court judge determines the vehicle was not lawfully towed pursuant to this chapter, the municipal court judge shall order the immediate release of the vehicle to its lawful owner without costs, and any bond posted shall be returned.
(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, the bond shall be forfeited.
Section 3. Repealer. Existing Salina Code Sections 38-42 and 38-56 are repealed.
Section 4. Effective. This ordinance shall be in full force and effect from and after publication.
Passed: April 28, 2025
Greg Lenkiewicz, Mayor
ATTEST:
Nikki Goding, City Clerk