(a)   Recreational Vehicle means a vehicular-type unit designed for temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.

(b)   The term “recreational vehicle” shall include, but not be limited to, the following:

(1)   Travel Trailer. A vehicular, portable structure built on a chassis and drawn by a motorized vehicle and which is designed to be used as a temporary dwelling for travel, recreational and vacation uses;

(2)   Camper. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational and vacation uses;

(3)   Motor Home. A portable, temporary dwelling to be used for travel, recreational and vacation uses and which is constructed as an integral part of a self-propelled vehicle;

(4)   Camping Trailer. A folding structure mounted on wheels and designed for travel, recreational and vacation uses.

(c)   Residential Structure. Any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.

The use of recreational vehicles as residential structures within the City limits of Yates Center is prohibited.

Nothing in this article shall prohibit the storage of recreational vehicles within the city limits.

(a)   Nothing in this article shall prohibit the use of recreational vehicles located within the city limits while located in a recreational vehicle park if one exists or exists in the future.

(b)   The use of recreational vehicles for a period not to exceed 72 hours is allowed.

Any person, firm or corporation violating any part of the provisions of this article shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed or permitted. Upon conviction of any such violation, such person shall be guilty of a misdemeanor and punished by up to a $500 fine plus court costs, a maximum of 30 days in jail, or both. Upon third conviction, camper or recreational vehicle may be impounded. Should a recreational vehicle be impounded under this section, it shall be impounded under the following conditions:

(a)   Storage. The police department may authorize storage of such impounded recreational vehicles at any location, public or private, which is zoned for the storage of motor or recreational vehicles.

(b)   Notice of impoundment; storage of recreational vehicle.

(1)   When Owner Present. When the police department intends to impound a recreational vehicle pursuant to section 4-505 and the owner of the recreational vehicle is then present, the police department shall before the recreational vehicle is removed, provide the owner with a notice, in the form prescribed by the police department that the recreational vehicle is being impounded, that towing and storage charges will be assessed against the impounded recreational vehicle, that the owner may claim and regain possession of the impounded recreational vehicle at the location to which it is being removed for storage without prepayment of towing and storage charges and that the owner may request a hearing as to the propriety of the impoundment and as to the amount of and the owner's li ability for the towing and storage charges. The notice shall also state the location where the impounded recreational vehicle will be stored and the place where the owner may make his or her request for the hearing. The notice shall also state, in prominent language, that failure by the owner to request a hearing within five days after receipt of the notice may act as a waiver of his or her right to a hearing and that this may result in the placing of a lien against the recreational vehicle for the towing and storage charges without further notice to the owner; and that the recreational vehicle be sold at public auction to the highest bidder for cash after 15 days from the date of the mailing of the notice. The owner of the impounded recreational vehicle shall sign the notice as an acknowledgment that he or she has received a copy of the notice and a copy of the notice shall be provided to the owner.

(2)   When Owner not Present. When the pol ice department impounds and remove a recreational vehicle pursuant to section 4-505 and the owner of the recreational vehicle is not present at the time of the impoundment, the police department shall, if such recreational vehicle has displayed thereon a registration plate issued by the division of vehicles and has been registered with said division, mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner res ides, if registered in this state. The notice shall be in the form prescribed by the police department containing the same information as required by section 4-505(b)(1). The police department shall use reasonable diligence in determining the title owner, or if from a non-title state, the registered owner, of the recreational vehicle, and shall inquire by mail of the office of the register of deeds of the county in which the title shows the owner resides, if registered in this state, as to whether there are any lienholders of record. If the owner cannot be served by certified mail at the address on the recreational vehicle registration and there is no other known address of the owner, the owner shall be deemed to be a resident of the state whose whereabouts are unknown and service shall be made on the Secretary of State as provided in K.S.A. 8-401.

       If the owner does not reside in the state, as appears from the recreational vehicle registration and the owner cannot be served by certified mail at the address on the recreational vehicle registration and there is no other known address of the owner, the owner shall be deemed a nonresident of the state and service shall be made on the Secretary of State as provided in K.S.A. 8-401.

(3)   Failure or Refusal to Sign Notice. If any person required by this section to sign a notice of impoundment willfully fails or refuses to do so, or if such person cannot be found, the police department shall note this fact on the face of the notice, which shall constitute prima facie evidence of delivery or service of notice as required by this section.

(Code 2021; Ord. 1157)