Chapter 10.33
VEHICLE IMPOUNDMENT AND CRIMINAL VIOLATIONS
Sections:
10.33.010 Removal by police officer.
10.33.040 Owner of impounded vehicle to be notified.
10.33.050 Redemption of impounded vehicles.
10.33.060 Post-impoundment hearing procedure.
10.33.070 Rules and regulations.
10.33.010 Removal by police officer.
A. Whenever the driver of a vehicle is arrested or cited for a violation of RCW 46.20.342, 46.20.345, 46.61.502 or 46.61.504, which sections have been adopted as a part of the city’s Model Traffic Ordinance pursuant to Chapter 308-330 WAC as adopted through Chapter 10.04 BLMC, or subsequent amendments thereto, the vehicle may be subject to summary impoundment at the direction of a police officer. Any officer directing an impoundment pursuant to this chapter shall issue a uniform written notice clearly denoting the agency’s authorization to impound, the form of which shall be approved by the chief of police and may include a law enforcement notice of infraction or citation.
B. If the vehicle was impounded because the driver was arrested for a violation of driving while license suspended (DWLS) in the third degree, as defined in RCW 46.20.342(1)(c), and the records of the Washington State Department of Licensing (DOL) show the driver has no prior convictions of RCW 46.20.342 or other similar local ordinance, the impounded vehicle may be released as soon as all requirements of BLMC 10.33.030 and 10.33.050(A) are met.
C. If the vehicle was impounded because the driver was arrested for a violation of DWLS in the third degree, and the records of the DOL show that the driver has one or more prior convictions of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle may be impounded for 30 days.
D. If the vehicle was impounded because the driver was arrested for DWLS in the first or second degree, as defined in RCW 46.20.342(1)(a) or (1)(b), and the records of the DOL show that the driver has no prior convictions for a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle may be impounded for 30 days.
E. If the vehicle was impounded because the driver was arrested for DWLS in the first or second degree, as defined in RCW 46.20.342(1)(a) or (1)(b), and the records of the DOL show that the driver has one prior conviction for a violation of RCW 46.20.342(1)(a) or (1)(b) or similar local ordinance within the past five years, the vehicle may be impounded for 60 days.
F. If the vehicle was impounded because the driver was arrested for DWLS in the first or second degree, as defined in RCW 46.20.342(1)(a) or (1)(b), and the records of the DOL show that the driver has two or more prior convictions for a violation of RCW 46.20.342(1)(a) or (1)(b) or similar local ordinance within the past five years, the vehicle may be impounded for 90 days.
G. When an arrest is made for a violation of RCW 46.20.342, if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle, before the summary impoundment is directed, the police officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection or under BLMC 10.33.050.
H. If a vehicle driver is arrested for a violation of RCW 46.61.502 or 46.61.504, driving under the influence or having physical control of a vehicle while under the influence, as adopted by the Model Traffic Ordinance in WAC 308-330-307 through Chapter 10.04 BLMC, the vehicle shall be impounded, unless the vehicle is a commercial vehicle or farm vehicle as identified in subsection J of this section.
I. A vehicle impounded pursuant to subsection H of this section may not be redeemed within a 12-hour period following the time the impounded vehicle arrives at the operator’s storage facility, unless there are two or more registered owners of the vehicle or there is a legal owner of the vehicle that is not the driver of the vehicle. A registered owner or legal owner who was not the driver of the vehicle at the time of arrest may redeem the impounded vehicle after it arrives at the facility. Any other party redeeming the vehicle may do so after the 12-hour period has elapsed and the party has complied with the requirements of BLMC 10.33.030 and 10.33.050(A). All other procedures for notice, redemption, storage, auction, and sale shall remain the same as for other impounded vehicles under this chapter.
J. When an arrest is made for a violation of RCW 46.61.502 or 46.61.504, if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle, before the summary impoundment is directed, the police officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest.
K. A police officer directing that a vehicle be impounded when the driver is arrested for a violation of RCW 46.61.502 or 46.61.504 may leave a vehicle after placing a completed impound order and inventory inside a vehicle and securing the vehicle by closing the windows and locking the doors if:
1. The officer has waited 30 minutes after contacting a dispatcher to request an operator and the responding tow truck operator has not arrived; or
2. The officer is presented with exigent circumstances, including being called to another incident or being required to return to patrol due to limited available resources.
The city and its officers shall not be liable for any damages to the vehicle or for any theft of the vehicle or its contents that occurs between the time the officer leaves the vehicle and the time that the tow truck operator takes custody of the vehicle.
L. A rental car business or a motor vehicle dealer or lender with a perfected security interest may immediately redeem a vehicle it owns that has been impounded pursuant to this section by payment of the costs of removal, towing and storage. Upon such payment the vehicle will not be held for the period of impoundment stated in this section. (Ord. 1427 § 1, 2012).
10.33.020 Towing and storage.
The chief of police is authorized to prepare specifications for towing and storage of vehicles, including instructions to towing companies, containing such provisions as the chief of police shall deem advisable and not in conflict with this chapter. Such specifications shall require any tow truck operator performing impoundments authorized under this chapter to comply with all provisions of Chapter 46.55 RCW and Chapter 308-61 WAC. The specifications shall be subject to the review and approval of the city administrator. (Ord. 1427 § 1, 2012).
10.33.030 Administrative fee.
A. If a vehicle is impounded pursuant to the provisions of this chapter, an administrative fee of $100.00 shall be paid prior to the redemption of the vehicle as provided by this chapter.
B. The administrative fee shall be paid to the Bonney Lake finance department, and shall be redeemed to the finance department in the manner directed by the finance director. The administrative fee shall be for the purpose of off-setting, to the extent practical, the costs to the city for implementing, enforcing and administering the provisions of this chapter. (Ord. 1427 § 1, 2012).
10.33.040 Owner of impounded vehicle to be notified.
A. Not more than 24 hours after impoundment of any vehicle, the tow contractor shall mail a notice by first class mail to the last known legal and registered owners of the vehicles, as may be disclosed by the vehicle identification number, and as provided by the DOL. The notice shall include the name of the impounding tow firm, its address, and telephone number. The notice shall include the location and time of the impound, and by whose authority the vehicle was impounded. The notice shall include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment or the amount of towing and storage charges.
B. If a suspended license impound is ordered, the notice required in subsection A of this section must also state the length of the impound, that a person who desires to redeem a vehicle must pay a security deposit to the tow truck operator of at least half of the applicable impound storage rate for each day of the proposed suspended license impound to ensure payment of the costs of removal, towing, and storage, and notification that if the security deposit is not posted within five days of the impound the vehicle will immediately be processed and sold as an abandoned vehicle pursuant to RCW 46.55.130(1). The notice must also state the requirements of BLMC 10.33.050 regarding the payment of costs of removal, towing, and storage and proof of satisfaction of penalties, fines, and/or forfeitures prior to redemption. The notice must also state that the registered owner is ineligible to purchase the vehicle at the abandoned vehicle auction, if held.
C. If the date on which a notice required by subsection A of this section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
D. Similar notice shall be given to each person who seeks to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed.
E. The Bonney Lake police department shall give written notification to the last registered and legal owner that the investigatory hold has been removed, except that if a vehicle is redeemed following notice by telephone and prior to the mailing of notice, then notice need not be mailed. In addition, the police department shall notify the towing contractor, by telephone, fax or in writing, of the authorization to release such vehicle.
F. As provided for in RCW 46.55.120(4), as now stated or hereinafter amended, notwithstanding the statements contained in the notice described above, the legal owner of a vehicle or personal property subject to impound under this section may redeem such property before the start of an auction by payment of the applicable towing, administrative and storage fees, as well as all applicable or necessary fines and interest. (Ord. 1427 § 1, 2012).
10.33.050 Redemption of impounded vehicles.
A. Only the legal owner, registered owner, a person authorized by the registered owner or the vehicle’s insurer, or one who has purchased the vehicle from the registered owner, who produced proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this chapter must, prior to redemption, establish that he or she has a valid driver’s license and is in compliance with RCW 46.30.020. A vehicle impounded pursuant to this chapter can be released only pursuant to a written order from the police department or a court.
B. Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for costs of impoundment (towing and storage) and shall pay the city an administrative fee prior to redeeming such vehicle. Such towing contractor shall accept payment as provided in RCW 46.55.120(1)(b), as now or hereafter amended. The administrative fee stated in BLMC 10.33.030 shall be paid to the Bonney Lake finance department. If the vehicle was impounded pursuant to this chapter and was being operated by the registered owner when it was impounded, it may not be released to any person until any penalties, fines, or forfeitures owed by the registered owner have been satisfied.
C. The chief of police or designee may authorize release of a vehicle impounded pursuant to this chapter prior to the expiration of any period of impoundment when:
1. The spouse of the operator, through his or her own petition, establishes that he or she will suffer economic or personal hardship as a result of the unavailability of the vehicle. In authorizing a release under this subsection, the chief of police or designee shall consider the threat to public safety that may result from release of the vehicle, including but not limited to, the driver’s criminal history, driving record, license status and access to the vehicle. If such release is authorized, the person redeeming the vehicle still must satisfy all other requirements of this section; or
2. The owner of the vehicle was not the driver, the owner did not know the driver’s license was suspended or revoked, and the owner has not received a prior release under this section or under BLMC 10.33.010.
Other than for the reasons expressed above in subsections (C)(1) and (C)(2) of this section, the chief of police or designee shall deny early release of an impounded vehicle in all other circumstances without discretion in order to avoid discriminatory application.
D. Any person seeking to redeem a vehicle impounded pursuant this chapter has a right to a hearing, before the police chief or designee as the administrative hearings officer, to contest the validity of an impoundment or the amount of towing and storage charges. Any request for such a hearing shall be made in writing, signed by the person requesting such hearing, and be received by the chief of police within 10 calendar days (including Saturdays, Sundays, and holidays) of the date notice was given to such person by a registered tow truck operator pursuant to RCW 46.55.120(2)(a) or the date the notice was mailed to such person pursuant to BLMC 10.33.040, whichever is later. Such hearing shall be provided as follows:
1. If all the requirements to redeem the vehicle, including expiration of any period of impoundment under BLMC 10.33.010, have been satisfied, then the impounded vehicle shall be released immediately, and a hearing as provided for in BLMC 10.33.060 shall be held within 90 days of the written request for hearing.
2. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under BLMC 10.33.010, have not been satisfied, then the impounded vehicle shall not be released until after the hearing which, pursuant to BLMC 10.33.060, shall be held within 10 business days (excluding Saturdays, Sundays and holidays) of the written request for hearing.
3. The police chief or designee shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person(s) authorizing the impound in writing of the hearing date and time within five days of receiving request for a hearing.
4. Any person seeking a hearing who has failed to request such hearing within the time specified in this section, may petition the chief of police for an extension to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, good cause shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.
5. If a person fails to file a timely request for hearing, and an extension to file such a request has not been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and the city shall not be liable for towing and storage charges arising from the impoundment.
6. In accordance with RCW 46.55.240(1)(d), a decision made by the police chief or designee, as administrative hearings officer, may be appealed to the Bonney Lake municipal court for final judgment. The hearing on the appeal, under this subsection, shall be de novo. A person appealing such a decision must file a request for an appeal in the municipal court within 15 days after the decision of the administrative hearings officer, and must pay a filing fee in the same amount required for the filing of a suit in the Pierce County district court. If a person fails to file a request for an appeal within the time specified by this section, or does not pay the filing fee, the right to an appeal is waived and the administrative hearings officer’s decision is final. (Ord. 1427 § 1, 2012).
10.33.060 Post-impoundment hearing procedure.
Hearings requested pursuant to BLMC 10.33.050 shall be held by the police chief or designee, as administrative hearings officer, who shall determine whether the impoundment was proper, whether the associated towing and storage fees charged complied with posted rates, and who is responsible for payment of the fees.
A. At the hearing, an abstract of the driver’s driving record is admissible, without further evidentiary foundation, and is prima facie evidence of the status of the driver’s license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, police officers may testify as to whom they believe to be the legal or registered owner of the vehicle and the basis or source of the information upon which they base this belief. The police chief or designee, as administrative hearings officer, may consider a written report made under oath by the officer(s) authorizing the impoundment in lieu of the officer’s personal appearance at the hearing.
B. If the impoundment is found to be proper, the police chief or designee, as administrative hearings officer, shall enter an order so stating. In the event that the costs of impoundment (towing, storage, and special fees) have not been paid, or any other applicable requirements of BLMC 10.33.050 have not been satisfied, or any period of impoundment under BLMC 10.33.010 has not expired, the administrative hearings officer’s order shall also provide that the impounded vehicle shall be released only after payment to the city of any fines imposed on any underlying traffic infraction, satisfaction of any other applicable requirements of BLMC 10.33.050, after payment of the costs of impoundment to the towing company, and after the expiration of any period of impoundment under BLMC 10.33.010.
C. If the impoundment is found to be improper, the police chief or designee, as administrative hearings officer, shall enter an order so stating, and order the immediate release of the vehicle. The city shall be liable to the operator for any towing, storage, or impoundment fees and to the registered and legal owners for any administrative fee paid and reasonable damages for loss of use of the vehicle during the period of impoundment. If the costs of impoundment have already been paid, the police chief or designee, as administrative hearings officer, shall enter judgment in favor of the person who has paid such costs. If an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.345 is determined to violate this chapter, the city and its officers shall not be liable for damages if the officer relied in good faith and without gross negligence on the records of the DOL in ascertaining that the operator of the vehicle had a suspended or revoked license.
D. No determination of facts made at a hearing, under this section, shall have any collateral estoppel effect on a subsequent criminal prosecution, and shall not preclude litigation of those same facts in a subsequent criminal prosecution.
E. An appeal of the administrative hearings officer’s decision in the municipal court shall be subject to and conducted according to the procedures of this section. (Ord. 1427 § 1, 2012).
10.33.070 Rules and regulations.
The city administrator, in consultation with the finance director and the chief of police, shall promulgate rules and regulations consistent with this chapter to provide for the fair and efficient administration of this chapter and to provide for the fair and efficient administration of any vehicle impoundment, redemption, or release or any impoundment hearing under this chapter. (Ord. 1427 § 1, 2012).
10.33.080 Severability.
If any portion of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 1427 § 1, 2012).