§ 11.97.040. Hearing procedures.

(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 Wichita 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. No. 45-321 § 4; Ord. No. 42-460 § 3)