Chapter 10.59
VEHICLE IMPOUNDMENT
Sections:
10.59.010 Impoundment defined.
10.59.030 When a vehicle may be impounded without prior notice.
10.59.040 When a vehicle may be impounded after notice.
10.59.050 How impoundment is to be effected.
10.59.060 Owner of impounded vehicle to be notified.
10.59.070 Redemption of impounded vehicles.
10.59.080 Cancellation of hearing.
10.59.090 Post-impoundment hearing procedure.
10.59.110 Police department’s records of impounded vehicles.
10.59.120 Tow company duties and records.
10.59.010 Impoundment defined.
Impoundment defined. “Impoundment” as used in this chapter, means the removal of a vehicle to a storage facility either by an officer or authorized agent of the police department or by towing company for towing and storage in response to a request from an officer or authorized agent of the police department. (Ord. 606 §1, 1980).
10.59.020 Vehicle defined.
Vehicle defined. “Vehicle” as used in this chapter has the definition set forth in RCW chapter 46.04 and, in addition, shall include any vehicle hulk as the same as defined in RCW 46.52.102. (Ord. 606 §2, 1980).
10.59.030 When a vehicle may be impounded without prior notice.
A vehicle may be impounded without prior notice to its owner if:
A. The vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or
B. The vehicle is illegally parked in a conspicuously posted restricted zone where parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days, or at any time, and where the vehicle is interfering or likely to interfere with the intended use of such a zone; or
C. The vehicle poses an immediate danger to the public safety; or
D. A police officer has information sufficient to form a reasonable belief that the vehicle is stolen; or
E. A police officer has information sufficient to form a reasonable belief that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary to obtain or preserve such evidence. (Ord. 606 §3, 1980).
10.59.040 When a vehicle may be impounded after notice.
A vehicle not subject to impoundment under PMC 10.59.030 may be impounded after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of seventy-two hours prior to such impoundment, for the following reasons:
A. When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or
B. When such vehicle is abandoned, as defined in RCW 46.52.102; or
C. When such vehicle has been vandalized; or
D. When necessary for efficient snow removal operation by the city; or
E. When such vehicle is parked in the right-of-way to a city road, street or highway. (Ord. 606 §4, 1980).
10.59.050 How impoundment is to be effected.
When impoundment is authorized by this chapter, a vehicle may be impounded by a towing company whose principal established place of business is reasonably nearest the scene and available for towing and storage acting at the request of an officer or authorized agent of the police department. (Ord. 606 §5, 1980).
10.59.060 Owner of impounded vehicle to be notified.
A. Not more than forty-eight hours after impoundment of any vehicle, the police department shall mail a copy of the officer’s impound report, hereinafter referred to as the impound report, and notice of redemption and opportunity for hearing to the registered owner of an impounded vehicle, as may be disclosed by the vehicle license number, if such is obtainable, unless the impound report has been furnished to the registered owner prior to the end of such period. The impound report shall be mailed to the registered owner at the address provided by the Washington State Department of Motor Vehicles, or the corresponding agency of any other state or province. If the officer requesting the impound has reason believe that the registered owner is residing or is in custody at some different address known to the officer, a copy of the impound report and notice of redemption opportunity for a hearing shall be sent to that address. The impound report shall contain the particulars of the impoundment, the name and address of the tow company involved, and location of storage if not at the tow company’s address.
B. Written notice of redemption and opportunity for a hearing shall be given by the tow company as set forth on the request for hearing document to each person who seeks to redeem an impounded vehicle. The tow company shall maintain a record evidenced by the redeeming person’s signature that such notification was provided.
C. Similar written notice and record of notification for redemption and opportunity for a hearing shall likewise be given by the tow company at the time of releasing a vehicle impounded for investigatory purposes pursuant to PMC 10.59.030(E), and the police department shall notify the tow company of the authorization to release such vehicle. (Ord. 606 §6, 1980).
10.59.070 Redemption of impounded vehicles.
Vehicles impounded by the city shall be redeemed only under the following circumstances:
A. Only the registered owner, a person authorized by the registered owner, or one who has purchased a vehicle from a registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle.
B. Any person so redeeming a vehicle impounded by the city shall pay to the towing company the costs of impoundment (towing and storage) prior to redeeming such vehicle except as provided for by subsection (C) of this section.
C. Any person seeking to redeem an impounded vehicle has a right to a hearing to contest the validity of the impoundment or the amount of towing and storage charges. Such a person shall have his or vehicle released upon making a written request for a hearing and posting $100.00 cash or surety bond with the municipal court which shall be forfeited in the event such person either:
1. Fails to appear at the requested hearing; or
2. Fails to pay immediately after the hearing any towing and storage charges for which such person may be liable.
D. The surety bond shall be automatically canceled or the cash refunded when a person either:
1. Cancels his or her request for a hearing and pays the towing and storage charges and the cancellation fee as provided in PMC 10.59.080; or
2. Pays the towing and storage charges and other costs after having been found liable therefor at the hearing provided for in the section and PMC 10.59.090. (Ord. 606 §7, 1980).
10.59.080 Cancellation of hearing.
Any person redeeming an impounded vehicle in accordance with PMC 10.59.070(C) shall have until ten days after date of the request for a hearing to cancel the hearing and by making payment to the municipal court for the cost of towing and storage. If a hearing is canceled more than ten days after its request then a $10.00 cancellation fee must be paid to the municipal court in addition to the cost of towing and storage. (Ord. 606 §8, 1980).
10.59.090 Post-impoundment hearing procedure.
A. Hearings requested pursuant to PMC 10.59.060 shall be held in the municipal court.
B. The municipal court at least ten days after the request for a hearing shall notify the motor vehicle owner in writing of:
1. The hearing date and time; and
2. That is the owner of a the motor vehicle desires to have the officer responsible for the impoundment or a representative of the towing company present at the hearing, a written request on a document provided by the municipal court must be returned to the municipal court not later than ten days prior to the hearing date; and
3. That in absence of such a request, the officer’s impound report shall be received in evidence.
C. At the hearing, the police department may produce any relevant evidence to show that the impound was proper. In absence of a request by the vehicle owner pursuant to subsections (B) and (D) of this section, the officer’s impound report shall be received in evidence. In determining whether the fees charged were proper, the court may take notice of the tow company’s rages which shall be filed with the court and available for public inspection.
D. At the hearing, the owner of the motor vehicle impounded may produce any relevant evidence to show that the impound and/or towing and/or storage fees charged were not proper. Should the owner of the motor vehicle desire to have the officer responsible for the impoundment or a representative of the tow company present at the hearing, a written request pursuant to subsection (B) of this section must be made to the municipal court no later than ten days prior to the hearing date.
E. At the conclusion of the hearing the municipal court shall determine whether the impoundment, and/or towing, and/or storage fees charged were proper and provide both parties with a copy of its decision setting forth in writing the reasons for the determination reached. Should the municipal court determine that the towing and/or storage fees charged were not proper, then the court shall determine the proper amount and provide a copy of its decision to the tow company and the municipal court clerk.
F. If the impoundment is found proper, then the impoundment and/or towing and/or storage fees together with court costs shall be assessed as a civil penalty against the owner of the vehicle impounded.
G. If the impound is not found proper, then the owner of the vehicle shall bear no costs.
H. Nothing in this chapter shall be construed to prevent a court exercising discretion in assessing penalties, costs, or arranging time payments if justice so requires. (Ord. 606 §9, 1980).
10.59.100 Abandoned vehicles.
A. Any impounded vehicle not redeemed within fifteen days of mailing of the notice required by PMC 10.59.060 shall be deemed abandoned; provided that if the police department has reason to believe that the owner of such impounded vehicle is in the custody of the county sheriff, it shall be presumed that the vehicle is not abandoned until after the prisoner has had an opportunity to be heard regarding the propriety of the impoundment and circumstances giving rise to such impoundment; provided further, that in the case of a vehicle impounded by order of a city police officer and held pursuant to police order, the fifteen days shall not begin until forty-eight hours after the police department has notified both the owner and the towing company in accordance with PMC 10.59.060(C) that it has authorized the release of the vehicle. Any vehicle so determined to have been abandoned shall be deemed to be in custody of the police department pursuant to RCW 46.52.116.
B. No tow truck operator shall sell or otherwise dispose of an abandoned vehicle regardless of age unless he has first complied with the provisions of RCW 46.52.111. (Ord. 606 §10, 1980).
10.59.110 Police department’s records of impounded vehicles.
The police department shall keep and make available for inspection a record of all vehicles impounded under the provisions of this chapter. The record shall include at least the following information:
A. Vehicle make, year, model;
B. Vehicle license number and state of registration;
C. Vehicle identification number, if ascertainable;
D. Such other descriptive information as the police department deems useful for purposes of vehicle identification;
E. Name of impounding officer;
F. Reason for impoundment, and the time, date and location of the towing company which took custody. (Ord. 606 §11, 1980).
10.59.120 Tow company duties and records.
Each tow company contacted by the police department for removal of vehicles must:
A. Mail within twenty-four hours of each tow all but one fully completed and signed copy of any requests for hearing to the municipal court;
B. Keep, and make available for the police department a record of all vehicles which it impounds under the provisions of this chapter. The record shall include:
1. A copy of each tow and storage receipt which shall contain at least the following information:
a. Information on the person securing the release of a towed vehicle, including the person’s name, relationship to owner (if not the owner), driver’s license number, signature, and address;
b. Time, date, location of tow and distance towed;
c. Vehicle make, year, license, and identification numbers;
d. Any unusual circumstances of the tow;
e. Name of tow truck driver and his signature;
2. A copy of each request for a hearing for all vehicles redeemed, signed by the redeeming person;
3. A copy of each monthly notarized claim for reimbursement for towing, storage, and mailing costs. (Ord. 606 §12, 1980).