2022 Kentucky Revised Statutes Chapter 70 - Sheriffs, constables, and county police force 70.155 Motor vehicle impoundment -- Handling and storage fees -- Challenge to validity of impoundment -- Hearing -- Appeal.
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70.155 Motor vehicle impoundment -- Handling and storage fees -- Challenge
to validity of impoundment -- Hearing -- Appeal.
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As used in this section, "hearing board" or "board" means a body:
(a) Established by ordinance;
(b) Empowered to conduct hearings pursuant to this section; and
(c) Composed of one (1) or more persons appointed pursuant to ordinance
and any hearing officers appointed by the board.
Any actions of a hearing officer shall be deemed to be the action of the board.
A sheriff may impound a motor vehicle parked, stopped, or standing upon a
street or public way within its jurisdiction that is in violation of an ordinance or
statute prohibiting parking, stopping, or standing in the location, manner, or at
the time the vehicle is cited or for any other lawful reason.
A sheriff may condition the release of an impounded motor vehicle upon the
payment of the handling and storage fees imposed thereon, unless the owner
or other person entitled to possession challenges the validity of the
impoundment pursuant to subsection (4) of this section. A vehicle may be
released to the owner or other person entitled to possession only upon proof of
ownership or right to possession. The sheriff may require reasonable security,
bond, or other assurances of indemnification from a person who is not the
registered owner of the vehicle prior to releasing the vehicle to that person.
The owner of a motor vehicle which has been impounded pursuant to this
section or other person entitled to possession may challenge the validity of the
impoundment and request in writing a hearing before the hearing board. The
hearing shall be conducted within ten (10) business days of the date of the
request, unless the owner or other person entitled to possession waives the
right to the hearing or the sheriff shows good cause for the delay. The sheriff
shall retain possession of the vehicle pending the hearing, unless the owner or
other person claiming right of possession posts a bond in an amount equal to
the fees accrued as of the date of the hearing request, or seventy-five dollars
($75), whichever is less. If the owner or person claiming possession of the
vehicle is unable to pay the amount of the bond, the hearing shall be held
within seventy-two (72) hours of the date the request for the hearing is
received, unless that person requests or agrees to a continuance.
(a) At least five (5) days prior to the date set for the hearing, the sheriff shall
notify the person requesting the hearing of the date, time, and place of the
hearing. In the case of a hearing required to be held within seventy-two
(72) hours of the date of the request as provided in subsection (4) of this
section, the person requesting the hearing shall be informed at the time of
his or her request, or as soon thereafter as is practicable, of the date,
time, and place of the hearing.
(b) Any person who refuses or, except for good cause, fails to appear at the
date, time, and place set for the hearing shall be deemed to have
conceded on that person's and owner's behalf that the impoundment was
valid and reasonable.
(c) At the hearing, after consideration of the evidence, the board shall
determine whether the impoundment was valid and reasonable. If the
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board determines the impoundment was:
1.
Valid and reasonable, the board shall uphold the impoundment and
condition the release of the vehicle upon payment of all fees
accruing thereto. If a bond was posted as security for release of the
vehicle, the bond shall be forfeited to the sheriff. Any fees in excess
of the amount of the bond posted shall be ordered to be paid by the
owner of the vehicle to the sheriff; or
2.
Not valid and reasonable, an order releasing the vehicle shall be
entered. All fees paid or amounts posted as bond because of the
impoundment of the vehicle shall be returned.
The board shall furnish the owner or person appearing on the owner's
behalf with a copy of its order.
The board may consider a parking citation and any other written report
made under oath by the issuing officer in lieu of the officer's personal
appearance at the hearing.
An appeal from the hearing board's determination may be made to the
District Court of the county in which the sheriff is located within seven (7)
days of the board's determination. The appeal shall be initiated by the
filing of a complaint and a copy of the board's order in the same manner
as any civil action. The action shall be tried de novo and the burden shall
be on the sheriff to establish that the impoundment was valid and
reasonable. If the court finds that the impoundment was:
1.
Valid and reasonable, the owner shall be ordered to pay all fees
accruing thereto as of the date of judgment; or
2.
Not valid and reasonable, the sheriff shall be ordered to release the
vehicle, if applicable, and to return all fees paid as a result of the
impoundment and the plaintiff shall be authorized to recover his or
her costs.
The judgment of the District Court may be appealed to the Circuit Court in
accordance with the Rules of Civil Procedure.
Effective:March 22, 2019
History: Created 2019 Ky. Acts ch. 46, sec. 2, effective March 22, 2019.
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