Chapter 9.34
IMPOUND OF VEHICLES

Sections:

9.34.010    Notice to impound—Authority of contractor.

9.34.020    Procedure when no towing contract has been awarded.

9.34.010 Notice to impound—Authority of contractor.

If a towing contract has been awarded, the police officer ordering impounding shall immediately notify the contractor of the location of the impounded vehicle. Such contractor shall thereupon be authorized to seize and impound said vehicle and remove it to a city-approved vehicle impound station. (Ord. 1593 § 2, 2023).

9.34.020 Procedure when no towing contract has been awarded.

(a)    The chief of police shall maintain a list of all businesses within the city of Othello, which businesses are licensed, properly equipped, and otherwise qualified to engage in the occupation of vehicle towing and storage. As a condition precedent to the name of any such business appearing upon the list so compiled by the chief of police, each such business shall file with the finance director a bond in the sum of ten thousand dollars binding the business and its authorized representative, as principal, and also executed by a surety company authorized to do business in the state of Washington, which bond shall be conditioned upon the business faithfully performing impound and emergency towing pursuant to city ordinance when so authorized by the Othello police department. The bond shall be in a form approved by the city attorney, and the sufficiency of the surety shall be approved by the city administrator and finance director.

(b)    As an additional condition precedent to the name of any such business appearing on the list so compiled by the chief of police, each such business shall present to the finance director evidence, satisfactory to the finance director, reflecting that the business fully complies with all Washington State standards and requirements for towing businesses, including but not limited to those standards set forth in Chapter 204-91A WAC, as the same presently exists or may hereafter be amended; provided, however, that the requirement of compliance with Washington State standards shall not apply to any towing business licensed to do business by the city of Othello on the effective date of the ordinance amending and codified in this section. As a final condition precedent to the name of any such business appearing on the list so compiled by the chief of police, each such business shall present to the finance director a copy of a valid insurance certificate insuring the business against liability for loss or damage to the vehicle and its contents during impound, towing, or storage. Maintenance of the bond, insurance and compliance with state standards to the extent provided in this section shall be conditions precedent to the name of such business continuing to appear on the list compiled by the chief of police.

(c)    Vehicle impounds and emergency tows shall be assigned to the businesses named on the list so compiled by the chief of police, on a rotational basis; provided, that in the event that it is not possible to contact a business heading the list at any particular time, or such business is unwilling or unable to accept the impound or emergency tow, the next business appearing on the list shall be contacted until the impound or emergency tow is accepted. The police officer ordering the impound or emergency tow, or a member of the police department acting under the authority of the police officer ordering the impound or emergency tow, shall notify the business which has accepted the impound or emergency tow of the location of the vehicle to be impounded or towed. The business so notified shall thereupon be authorized to seize such vehicle and remove the same to the city vehicle pound or, in the case of an emergency tow, to another appropriate location.

(d)    Contesting Impoundment. Any person seeking to contest the validity of the impoundment or the amount of towing and storage charges has a right pursuant to the provisions of RCW 46.55.120 to a hearing in Othello Municipal Court.

(e)    Severability. If any provision of this section or its application to any person or circumstance is held invalid, the remainder of this section or the application of the provisions of other persons or circumstances is not affected. (Ord. 1593 § 2, 2023).