Topeka, KS Parking Rules: Towing & Impound Rights (2026)
Key Facts
- Warning before impound
- 48 hours from the notice affixed to the vehicle, except for STO 85 violations (TMC 10.25.020(b))
- Owner notice deadline
- Mailed before the close of the first full working day after the towing (TMC 10.25.040(a))
- Release without paying
- Signature bond in the amount of the accrued towing fee and storage charges (TMC 10.25.040(b)(2))
- Hearing deadline
- Before the Municipal Court judge, before the second full working day following the demand (TMC 10.25.040(b)(3))
- Refund if charge dismissed
- Automatic refund of towing and storage fees, with no claim to the City Council required (TMC 10.25.040(c))
- Police tow and storage rates
- Not printed in the code. Set by the Chief of Police, approved by the City Manager, filed with the City Clerk (TMC 10.25.050)
- Boot removal fee
- $35.00, reimbursed if the owner successfully contests the immobilization (TMC 10.60.640(b), 10.60.650(a))
- Boot to impound
- 3 or more unpaid parking tickets, then 48 hours immobilized; hearing before the seventh business day (TMC 10.60.620, 10.60.660)
- Junk threshold
- Not in running condition or fair market value under $50.00, sold after 10 days notice (TMC 10.25.060)
Summary
When Topeka police impound a vehicle, TMC 10.25.040 gives the owner or lienholder three ways out: pay the accrued towing fee and storage charges, sign a signature bond for the same amount and take the car home unpaid, or refuse both and demand a probable cause hearing before the Municipal Court judge, which must be held before the second full working day following the demand. If the underlying traffic charge is later dismissed or the driver is acquitted, TMC 10.25.040(c) requires the City to refund the towing and storage fees automatically.
[TMC 10.25.040] (a) The City adopts the provisions of K.S.A. 8-1101 and 8-1102 and amendments thereto, with regard to impounding, storage, notification to owners and lienholders of record ... Such notice is to be mailed before the close of the first full working day after the towing.
(b) Once a vehicle has been impounded, the owner/lienholder may: (1) Immediately pay the accrued towing fee and storage charges, and thereby regain possession; (2) Sign a signature bond in the amount of the accrued towing fee and storage charges, and thereby regain possession; or (3) Refuse the options in subsections (b)(1) and (b)(2) of this section, and demand a hearing on the validity of the towing, to be held before the Municipal Court judge before the second full working day following such demand.
(c) Whenever a traffic violation is dismissed, or an owner/lienholder is acquitted, or it is otherwise determined that the towing of a vehicle was improper, ... such fees and charges shall be automatically refunded by the City. Refunds may be ordered by the Municipal Court, and the owner/lienholder shall not be required to resort to the procedure of submitting a claim for the City Council’s consideration. [TMC 10.25.050] Fees for towing and storage shall be established by the Chief of Police and approved by the City Manager of the City. A schedule of all fees shall be filed with the City Clerk and posted prominently at police headquarters and the impoundment lot.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 20671, passed July 14, 2026).
Full Breakdown
Topeka splits its towing rules between two chapters, and the police impound side is Chapter 10.25. Before most impoundments the Police Department must affix a notice to the vehicle in a conspicuous and semipermanent manner telling the owner it will be impounded when 48 hours run from the time stated on the notice, and TMC 10.25.020(b) forbids towing inside that 48 hour window; the only carve out is a vehicle impounded for violations of STO 85. The 48 hour tag applies to Kansas plated vehicles, out of state plates, and vehicles with no plate at all.
Once the car is in the lot, TMC 10.25.040(a) adopts K.S.A. 8-1101 and 8-1102 for impoundment, storage and notification, and pins the mailing deadline to the close of the first full working day after the towing. The three release routes in subsection (b) matter because the signature bond option lets an owner recover the vehicle without producing cash, and the hearing option puts the burden of showing probable cause for the tow on the City rather than on the driver. If the judge finds no probable cause, the vehicle is returned. Either way, no vehicle is released until the claimant shows documentation establishing the right to possession, and the traffic case itself is then set on the normal Municipal Court calendar.
The refund clause is the strongest owner protection in the chapter. Under subsection (c) a dismissal, an acquittal, or any other determination that the tow was improper triggers an automatic refund of towing and storage charges already paid, and the ordinance says expressly that the owner does not have to file a claim for the City Council to consider. The Municipal Court can order the refund directly. Subsection (d) also requires the rights set out in the notice letter to be posted on prominent signs in English and Spanish both at the Police Department impoundment lot and at police headquarters.
What Chapter 10.25 does not do is print the police tow and storage rates. TMC 10.25.050 delegates them: fees for towing and storage are established by the Chief of Police and approved by the City Manager, and a schedule of all fees is filed with the City Clerk and posted prominently at police headquarters and the impoundment lot. The governing dollar figures for a police ordered tow therefore live in an administrative schedule rather than in the code, and the ordinance names only the towing fee and storage charges as what an owner must pay to get the vehicle back. No separate city release or administrative fee is written into the police impound chapter.
The one flat city charge that does appear sits on the parking ticket enforcement path. TMC 10.60.620 lets parking control officers and police officers boot a vehicle carrying three or more unpaid parking tickets, TMC 10.60.640(b) sets the removal fee for the immobilization device at $35.00, and TMC 10.60.650(a) reimburses that removal charge if the owner later wins a contest. A vehicle left booted for 48 hours is impounded under TMC 10.60.660, and at that point release requires all charges associated with the impoundment, which the ordinance lists as including the removal fee, parking fines, towing fees and storage charges. The hearing clock on that track runs longer than the traffic tow clock: before the seventh business day following the request, again on probable cause, with a refund if the impoundment was not warranted.
Private property tows are regulated separately. TMC 10.25.080, adopted as required by K.S.A. 8-1103, caps what a private wrecker may charge, requires the operator to report the vehicle location to local law enforcement within two hours, and guarantees the owner access to personal property in the vehicle for 48 hours after the tow. Where the City itself does the towing after a police or fire supervisor orders a legally parked vehicle moved for public safety, TMC 10.25.010(f)(2)(i) makes the City, not the driver, bear the expense of removal and storage.
Violations & Fines
00, imprisonment in jail for not more than 179 days, or both. 030 for a tow off private property is deemed to have promised to pay the towing and reasonable storage charges if the complaint is withdrawn, was made by mistake or error, or the vehicle goes unclaimed and the City is not otherwise reimbursed, and must indemnify the City including reasonable attorney fees. 060 and sold to a licensed junk dealer on the highest cash bid after 10 days notice. A. 670(b) directs the net proceeds to the fund for construction and maintenance of streets, expressly not to the payment of parking fines.
Frequently Asked Questions
How much does Topeka charge to tow and store an impounded vehicle?
Does Topeka add a city administrative or release fee on top of the tow bill?
If my ticket is dismissed, do I get the towing and storage money back?
Can I get my car back before I pay?
Does Topeka license tow companies or run a police wrecker rotation?
What happens if nobody claims the vehicle?
Sources & Official References
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