{"data":{"id":"us-ky/krs-70.155","jurisdiction":"us-ky","citation":"KRS 70.155","heading":"Motor vehicle impoundment  -- Handling and storage fees -- Challenge","body":"to validity of impoundment  -- Hearing -- Appeal.\n(1) As used in this section, \"hearing board\" or \"board\" means a body:\n(a) Established by ordinance;\n(b) Empowered  to conduct hearings pursuant to this section; and\n(c) Composed  of one (1) or more persons appointed pursuant to ordinance\nand any hearing officers appointed by the board.\nAny actions of a hearing officer shall be deemed to be the action of the board.\n(2) A  sheriff may impound a motor vehicle parked, stopped, or standing upon a\nstreet or public way within its jurisdiction that is in violation of an ordinance or\nstatute prohibiting parking, stopping, or standing in the location, manner, or at\nthe time the vehicle is cited or for any other lawful reason.\n(3) A  sheriff may condition the release of an impounded motor vehicle upon the\npayment  of the handling and storage fees imposed thereon, unless the owner\nor  other person entitled to possession challenges the validity of the\nimpoundment  pursuant to subsection (4) of this section. A vehicle may  be\nreleased to the owner or other person entitled to possession only upon proof of\nownership or right to possession. The sheriff may require reasonable security,\nbond, or other assurances of indemnification from a person who is not the\nregistered owner of the vehicle prior to releasing the vehicle to that person.\n(4) The  owner of a motor vehicle which has been impounded pursuant to this\nsection or other person entitled to possession may challenge the validity of the\nimpoundment  and request in writing a hearing before the hearing board. The\nhearing shall be conducted within ten (10) business days of the date of the\nrequest, unless the owner or other person entitled to possession waives the\nright to the hearing or the sheriff shows good cause for the delay. The sheriff\nshall retain possession of the vehicle pending the hearing, unless the owner or\nother person claiming right of possession posts a bond in an amount equal to\nthe fees accrued as of the date of the hearing request, or seventy-five dollars\n($75), whichever is less. If the owner or person claiming possession of the\nvehicle is unable to pay the amount of the bond, the hearing shall be held\nwithin seventy-two (72) hours of the date the request for the hearing is\nreceived, unless that person requests or agrees to a continuance.\n(5) (a) At least five (5) days prior to the date set for the hearing, the sheriff shall\nnotify the person requesting the hearing of the date, time, and place of the\nhearing. In the case of a hearing required to be held within seventy-two\n(72) hours of the date of the request as provided in subsection (4) of this\nsection, the person requesting the hearing shall be informed at the time of\nhis or her request, or as soon thereafter as is practicable, of the date,\ntime, and place of the hearing.\n(b) Any person who refuses or, except for good cause, fails to appear at the\ndate, time, and place set for the hearing shall be deemed  to have\nconceded on that person's and owner's behalf that the impoundment was\nvalid and reasonable.\n(c) At the hearing, after consideration of the evidence, the board shall\ndetermine whether the impoundment  was valid and reasonable. If the\nboard determines the impoundment was:\n1. Valid and reasonable, the board shall uphold the impoundment and\ncondition the release of the vehicle upon  payment  of all fees\naccruing thereto. If a bond was posted as security for release of the\nvehicle, the bond shall be forfeited to the sheriff. Any fees in excess\nof the amount of the bond posted shall be ordered to be paid by the\nowner of the vehicle to the sheriff; or\n2. Not valid and reasonable, an order releasing the vehicle shall be\nentered. All fees paid or amounts posted as bond because of the\nimpoundment  of the vehicle shall be returned.\nThe  board shall furnish the owner or person appearing on the owner's\nbehalf with a copy of its order.\n(d) The  board may consider a parking citation and any other written report\nmade  under oath by the issuing officer in lieu of the officer's personal\nappearance at the hearing.\n(e) An  appeal from the hearing board's determination may be made  to the\nDistrict Court of the county in which the sheriff is located within seven (7)\ndays of the board's determination. The appeal shall be initiated by the\nfiling of a complaint and a copy of the board's order in the same manner\nas any civil action. The action shall be tried de novo and the burden shall\nbe  on the sheriff to establish that the impoundment  was  valid and\nreasonable. If the court finds that the impoundment was:\n1. Valid and reasonable, the owner shall be ordered to pay all fees\naccruing thereto as of the date of judgment; or\n2. Not valid and reasonable, the sheriff shall be ordered to release the\nvehicle, if applicable, and to return all fees paid as a result of the\nimpoundment  and the plaintiff shall be authorized to recover his or\nher costs.\n(f) The judgment of the District Court may be appealed to the Circuit Court in\naccordance with the Rules of Civil Procedure.","path":["KRS Chapter 70"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48538","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:32Z","sha256":"09ce9cb5e3c4823ec4d832b2e5b8dd1572421b5868721f87967d60276d464a23","source_id":"us-ky","stale":false,"prev":"us-ky/krs-70.150","next":"us-ky/krs-70.160"},"notice":"GroundRules: Original legal text. Not legal advice."}