{"data":{"id":"us-ky/krs-82.625","jurisdiction":"us-ky","citation":"KRS 82.625","heading":"Impoundment -- Charges for towing, handling and storage -- Hearing on","body":"validity of impoundment -- Appeal.\n(1) Any local government may impound a motor vehicle parked, stopped or standing\nupon a street or public way within its jurisdiction in violation o f an ordinance or\nstatute prohibiting parking, stopping or standing in the location, manner or at the\ntime the vehicle is cited or for any other lawful reason.\n(2) The local government, in addition to the fines levied for the parking or traffic\noffense, may by ordinance impose reasonable towing, handling and storage charges\nupon such impounded vehicle.\n(3) A local government may condition the release of an impounded vehicle upon the\npayment of the towing, handling and storage charges imposed thereon, unless  the\nowner or other person entitled to possession challenges the validity of the\nimpoundment pursuant to subsection (4) of this section. A vehicle may be released\nto the owner or other person entitled to possession only upon proof of ownership or\nright to possession. The local government may require reasonable security, bond or\nother assurances of indemnification from a person who is not the registered owner\nof the vehicle prior to releasing the vehicle to such person.\n(4) The owner of a motor vehicle which has been impounded pursuant to this section or\nother person entitled to possession, may challenge the validity of such\nimpoundment and request in writing a hearing before the hearing board. The\nhearing shall be conducted within ten (10) business days of t he date of the request,\nunless the owner or other person entitled to possession waives the limitation or the\nlocal government shows good cause for such delay. The local government shall\nretain possession of the vehicle pending the hearing, unless the owner  or other\nperson claiming right of possession posts a bond in an amount equal to the fines and\nfees accrued as of the date of the hearing request, or seventy -five dollars ($75)\nwhichever is less. If the owner or person claiming possession of the vehicle is\nunable to pay the amount of the bond, the hearing shall be held within seventy -two\n(72) hours of the date the request for hearing is received, unless such person\nrequests or agrees to a continuance.\n(5) (a) No less than five (5) days prior to the date set  for the hearing, the local\ngovernment shall notify the person requesting the hearing of the date, time and\nplace of the hearing. In the case of a hearing required to be held within\nseventy-two (72) hours of the date of the request as provided in subsectio n (4)\nof this section, the person requesting the hearing shall be informed at the time\nof his request, or as soon thereafter as is practicable, of the date and time of\nthe hearing.\n(b) Any person who refuses or, except for good cause, fails to appear at th e time\nand place set for the hearing shall be deemed to have conceded on his and the\nowner's behalf the validity of the impoundment.\n(c) At the hearing, after consideration of the evidence, the board shall determine\nwhether the impoundment was valid and re asonable. Where it has not been\nestablished that the impoundment was justified, an order releasing the vehicle\nshall be entered. All fines and fees paid or amounts posted as bond because of\nthe impoundment of the vehicle shall be returned. Where it has bee n\nestablished that the impoundment was justified, the board shall uphold the\nimpoundment and condition the release of the vehicle upon payment of all\nfines and fees accruing thereto. If bond has been posted as security for release\nof the vehicle, said bond  shall be forfeited to the local government. Any fines\nor fees in excess of the amount of the bond posted shall be ordered to be paid\nby the owner of the vehicle to the local government. The board shall furnish\nthe owner or person appearing on the owner's behalf with a copy of its order.\n(d) The board may consider a parking citation and any other written report made\nunder oath by the issuing officer in lieu of the officer's personal appearance at\nthe hearing.\n(e) An appeal from the hearing board's determination may be made to the District\nCourt of the county in which the local government is located within seven (7)\ndays of the board's determination. The appeal shall be initiated by the filing of\na complaint and a copy of the board's order in the same manner as any civil\naction. The action shall be tried de novo and the burden shall be on the local\ngovernment to establish that impoundment was justified. If the court finds that\nthe impoundment was justified, the owner shall be ordered to pay all fees and\nfines accruing as of the date of judgment. If the court finds that the\nimpoundment was not justified, the local government shall be ordered to\nrelease the vehicle, if applicable, and to return all fines and fees paid as a\nresult of the impoundment and the plaint iff shall be authorized to recover his\ncosts.\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 82"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=25077","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:43Z","sha256":"31bda515559f4825dcf97d68a2d24ea672a944a4e347a08f1fa17d2073c0ff2d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-82.620","next":"us-ky/krs-82.630"},"notice":"GroundRules: Original legal text. Not legal advice."}