Lyon County Sheriff’s Office Motor Vehicle Impound Lot Program Policy and Procedures
- Effective November 14, 2019, pursuant to Ordinance of the Lyon County Fiscal Court, KRS 64.090, KRS 70.155 and KRS 82.625.
- The owner of an impounded motor vehicle shall be responsible for the costs associated with (1) towing/recovery of the vehicle to the impound lot, (2) as well as the $25.00 handling fee pursuant to KRS 64.090, and (3) a $25.00 per day storage fee pursuant to KRS 64.090.
- For purposes of the per day storage fee, any hours prior to midnight on the day of impoundment shall constitute one day of storage. The following day starts at 0001 hours (12:01am).
- The owner of the impounded vehicle must contact the Lyon County Sheriff’sOffice and make an appointment for release of the impounded vehicle. The owner may allow an identified, third party as a proxy to releasing the vehicle and/or its contents with receipt of an original, notarized statement to the Sheriff’s Office designating such proxy. No personal property shall be released from an impounded vehicle unless consented to in this manner by the registered/lawful owner.
- No impounded vehicle will be released after 1500 hours (3:00pm), Monday through Friday. No impounded vehicle will be released on the weekend or on holidays unless an exigent circumstance exists and only with the consent and approval of the Lyon County Sheriff.
- Vehicles impounded pursuant to this policy will be stored on designated county- owned properties. Impound lots should be secured by fencing and should be posted with notice against trespass by unauthorized persons. Other security provisions shall be at the discretion of the Lyon County Sheriff.
- Any sworn employee of the Lyon County Sheriff’s Office may impound a motor vehicle found in violation of any applicable Kentucky Revised Statute (KRS) and/or any Kentucky Administration Regulation (KAR) where impoundment is appropriate and warranted. In addition, motor vehicles seized in the performance of official duties may include the following:
- When alleged to be or suspected of being the proceeds of a crime;
- When alleged to be or suspected of having been used to facilitate the commission of a crime;
- Which is subject to confiscation or forfeiture pursuant to KRS Chapter218A;
- Which is subject to confiscation or forfeiture pursuant to any other provision of the Kentucky Revised Statutes;
- Which is found parked, stopped or standing upon a street, roadway, highway, or public way in violation of an ordinance or Kentucky Revised Statute prohibiting parking, stopping, or standing in the location, manner or at the time the motor vehicle is cited or for any other lawful reason;
- Which are reported as stolen vehicles, trailers, or any component part of a stolen vehicle, pursuant to KRS 186A.320;
- Which is lost or abandoned and taken into custody by a sheriff’s deputy, or the courts; or
- Which is taken from persons who may be insane, intoxicated, or otherwise incapable of taking care of themselves.
- The Lyon County Sheriff may direct vehicles to be impounded for other reasons as applicable to state law or to enforce court orders.
- Any sworn employee of the Lyon County Sheriff’s Office who causes the impoundment of a motor vehicle pursuant to this policy, should record the impoundment on forms and/or electronic means provided by the Lyon County Sheriff, and forward the completed record to the Sheriff or his designee without delay.
- When a vehicle is impounded and the owner is not found with said vehicle, notice by way of a certified letter should be sent to the last known address of the registered owner advising the location of the impounded vehicle, and the recovery of this vehicle would involve their payment of towing/storage charges, within ten (10) business days.
- If after forty-five (45) days has passed, and the vehicle has not been claimed before said time, the vehicle may be sold or otherwise disposed of pursuant to KRS 376.275. The Sheriff’s Office is prohibited from selling/disposing of this vehicle until such time has passed.
- The Lyon County Sheriff or his designee shall ensure a lien holder having a prior recorded lien listed on the title issued by the Commonwealth of Kentucky will be notified by certified mail within the first fifteen days (15) of impoundment. The letter shall include the make, model, license number, VIN, owner’s name/last known address, and tentative date of sale for the vehicle. If the certified letter is not sent to the lien holder within the prescribed fifteen (15) days, then only fifteen (15) days of storage may be charged.
- The lien holder will be allowed to take possession of the motor vehicle after showing proof of lien still enforced, and paying the reasonable or agreed towing, handling, and storage charges on the motor vehicle pursuant to KRS 376.275(3)(d).
- No motor vehicles or property impounded shall be disposed of by the Lyon County Sheriff or his designated deputy except in a manner prescribed by law.
- All motor vehicles or property which has been seized and forfeited pursuant to law shall be disposed of as provided in any court order of forfeiture or as prescribed in any valid and applicable statute.
- In the event the owner of an impounded vehicle desires to challenge the validity of impoundment, he shall be entitled to a hearing and appeals process pursuant to the provisions of KRS 70.155.
- For purposes of payment received for the towing, handling, and storage of impounded motor vehicles pursuant to this program, payment restrictions are as follows:
- The Lyon County Sheriff’s Office will accept the following as forms of payment: cash, credit card, money order, cashier’s check; and
- The Lyon County Sheriff’s Office will only accept a personal check from Kentucky residents.
- The property constituting the Sheriff’s Office Impound Lot is not open for public visitation and shall be posted against trespass by fencing and/or signage. Only duly authorized law enforcement personnel and authorized wrecker/towing operators are allowed on these premises. Any other visitors to this location shall be with the prior approval of the Sheriff or with a court order from a Court of competent jurisdiction.
