Chapter 8.15
IMPOUNDMENT OF UNAUTHORIZED VEHICLES ON PUBLIC PROPERTY AND
IN HIGHWAY RIGHT-OF-WAY
Sections:
8.15.010 Purpose.
8.15.020 Definitions.
8.15.030 Posting requirements for public parking facility – Exception.
8.15.040 Law enforcement impound – Public property.
8.15.050 Law enforcement impound – Unauthorized vehicle in highway right-of-way.
8.15.060 Additional enforcement procedure.
8.15.070 Constitutionality or invalidity.
8.15.080 Severability.
8.15.010 Purpose.
The purpose of this chapter is to preserve the character and safety of the city’s public property and highway rights-of-way by removing and impounding unauthorized vehicles thereon, and to provide procedures for the removal and impoundment of unauthorized vehicles as provided by Chapter 46.55 RCW. (Ord. 5207 § 2, 1999.)
8.15.020 Definitions.
For the purposes of this chapter, the following words shall have the following meaning:
A. “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
B. “Registered tow truck operator” or “operator” means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles. (RCW 46.55.010(6))
C. “Unauthorized vehicle” means a vehicle that is subject to impoundment after being left unattended in one of the following public locations for the indicated period of time: (RCW 46.55.010(12))
1. Public locations:
a. Constituting an accident or a traffic hazard as defined in RCW 46.55.113: Immediately.
b. On a highway and tagged as described in RCW 46.55.085: 24 hours.
c. In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070: Immediately. (Ord. 5207 § 2, 1999.)
8.15.030 Posting requirements for public parking facility – Exception.
A. No person may impound, tow, or otherwise disturb any unauthorized vehicle standing in a public parking facility for less than 24 hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park at such facility that clearly indicates:
1. The times a vehicle may be impounded as an unauthorized vehicle; and
2. The name, telephone number, and address of the towing firm(s) where the vehicle may be redeemed. (Ord. 5207 § 2, 1999.)
8.15.040 Law enforcement impound – Public property.
A. If a vehicle is in violation of the time restrictions contained in ACC 8.15.020(B), it may be impounded by a registered tow truck operator at the direction of a law enforcement officer or other public official with jurisdiction if the vehicle is on public property. A law enforcement officer may also direct the impoundment of a vehicle pursuant to a writ or court order.
B. The law enforcement officer or public official requesting a public impound shall provide a signed authorization for the impound at the time and place of the impound to the registered tow truck operator before the operator may proceed with the impound. A registered tow truck operator, employee, or his or her agent may not serve as an agent of a property owner for the purposes of signing an impound authorization or, independent of the property owner, identify a vehicle for impound. (Ord. 5207 § 2, 1999.)
8.15.050 Law enforcement impound – Unauthorized vehicle in highway right-of-way.
A. A law enforcement officer discovering an unauthorized vehicle left within a highway right-of-way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
1. The date and time the sticker was attached;
2. The identity of the officer;
3. A statement that if the vehicle is not removed within 24 hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense; and
4. The address and telephone number where additional information may be obtained.
B. If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
C. If the vehicle is not removed within 24 hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle’s removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside for more than 24 hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
D. For the purposes of this section, a place of safety includes the business location of a registered tow truck operator. (Ord. 5207 § 2, 1999.)
8.15.060 Additional enforcement procedure.
The provisions of this chapter are additional to other enforcement provisions authorized by state statute or city ordinance and are additional to any other remedy available to the city for damages it has suffered. (Ord. 5207 § 2, 1999.)
8.15.070 Constitutionality or invalidity.
If any section, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the sections, subsections, clauses or phrases. It is hereby expressly declared that each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 5207 § 2, 1999.)
8.15.080 Severability.
If any provision of the codes referenced in this chapter is held invalid or unenforceable, the remainder shall be valid. (Ord. 5207 § 2, 1999.)