CHAPTER 5
IMPOUNDMENT AND REDEMPTION OF VEHICLES
SECTION:
10-5-1: Definitions
10-5-2: Impoundment Of Vehicles, Notice
10-5-3: Purpose And Intent
10-5-4: Owner Of Impounded Vehicle To Be Notified
10-5-5: Redemption Of Impounded Vehicles
10-5-6: Challenging The Impoundment – Requirements
10-5-7: Post Impoundment Hearing Procedure
10-5-8: Abandoned Vehicles
10-5-9: Record Of Impounded Vehicles
10-5-10: Approved Tow Company Duties And Records
10-5-11: Severability
10-5-12: Approved Tow Rates Required
10-5-13: Penalties For Violations By Approved Tow Agency
10-5-1 DEFINITIONS:
A. APPROVED TOW COMPANY: Any person, firm, partnership, tow operator, association or corporation approved by the Renton Police Department that engages in the impounding, transporting, or storage of vehicles, or the disposal of abandoned vehicles.
B. HIGHWAY: 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.
C. IMPOUNDMENT: As used in this Chapter, impoundment shall have the definition set forth in RCW 46.55 for “impound” and, in addition, shall include the removal of a vehicle to a storage facility either by an officer or authorized agent of the Renton Police Department or by an approved tow company for towing and storage in response to a request from an officer or agent of the Renton Police Department.
D. VEHICLES: As used in this Chapter, vehicle shall have the definition set forth in RCW 46.04 and, in addition, shall include any vehicle hulk as the same is defined in RMC 6-1. (Ord. 4496, 2-13-95; Ord. 5856, 6-18-18)
10-5-2 IMPOUNDMENT OF VEHICLES, NOTICE:
A. When A Vehicle May Be Impounded Without Prior Notice: A vehicle may be impounded with or without citation and without prior notice to its owner for any of the following reasons:
1. The vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or
2. 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
3. When a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person as defined under Chapter 46.16 RCW is parked in a stall or space clearly and conspicuously marked as provided in RMC Chapter 10-10, whether the space is provided on private property without charge or on public property; or
4. The vehicle poses an immediate danger to public safety; or
5. A police officer has information sufficient to form a reasonable belief that the vehicle is stolen; or
6. 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; or (Ord. 3826, 7-23-84)
7. The vehicle is parked on City property or right of way, properly posted to the extent required by RCW 46.55.070; or (Ord. 4496, 2-13-95)
8. The vehicle is parked on a Highway and its vehicle registration is expired by more than forty-five (45) days; or
9. The vehicle is a junk vehicle or vehicle hulk, as that term is defined by RMC 6-1, and is parked on a Highway, street, alley, or road open to the public or on municipal or other public property; or
10. Impound without notice is otherwise authorized by law. (Ord. 5622, 9-12-11)
Nothing in this Section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required.
B. When A Vehicle May Be Impounded After Notice: A vehicle not subject to impoundment under RMC 10-5-2.A may be impounded after notice of such proposed impoundment has been attached to and conspicuously displayed on the vehicle for a period of twenty-four (24) hours prior to such impoundment, for the following reasons: (Ord. 3826, 7-23-84)
1. When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or
2. Such vehicle is abandoned, as defined in Renton Municipal Code Section RMC 6-1; or (Amd. Ord. 4792, 9-13-99)
3. Such vehicle is left unattended without authorization on City owned non-highway property not posted in accordance with RCW 46.55.070; or
4. When such vehicle is so mechanically defective as to be unsafe for operation; provided, however, that this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in the manner directed by any police officer. (Ord. 4496, 2-13-95; Ord. 5856, 6-18-18)
10-5-3 PURPOSE AND INTENT:
All impoundments authorized by the City shall be conducted in accordance with state law, as prescribed by Chapter 46.55 RCW, which is hereby adopted by reference and incorporated into this chapter. This Chapter is not intended to replace or subvert the state law governing impoundments or apply to privately authorized impoundments. This ordinance is intended to supplement and complement existing state law. (Ord. 4262, 3-12-90; Ord. 5856, 6-18-18)
10-5-4 OWNER OF IMPOUNDED VEHICLE TO BE NOTIFIED:
A. Not more than twenty-four (24) hours after impoundment of any vehicle, a notice of impound, hereinafter referred to as the impound report, and notice of redemption and opportunity for a hearing shall be mailed to the registered owner and legal owner of an impounded vehicle, as may be disclosed by the vehicle license number, or vehicle identification number (VIN), if such be obtainable, unless the impound report shall be mailed to the registered owner at the address provided by the Washington State Department of Licensing, or the corresponding government agency. If the person requesting the impound has reason to believe that the registered owner is residing or is in custody at some different address known to the requestor, a copy of the impound report and notice of the right of redemption and opportunity for a hearing shall be sent to that address. The impound report shall contain the particulars of the impoundment, the name, phone number and address of the tow company involved, and location of storage of the vehicle if not that company’s address.
B. Written notice of redemption and opportunity for a hearing as set forth on a form with information required by Chapter 46.55 RCW and a copy of the tow and storage receipt shall be given by the tow company 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. (Ord. 4262, 3-12-90; Ord. 5856, 6-18-18)
10-5-5 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 the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. (Ord. 3826, 7-23-84)
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.
C. Any person seeking to redeem an impounded vehicle has a right to a hearing, conducted in accordance with this Chapter, to contest the validity of the impoundment or the amount of towing and storage charges, except no appeal shall be permitted when:
1. The appeal is to the tow company rates and the rates do not exceed those approved by the City.
2. The vehicle was impounded because it was stolen or used in the commission of a felony. (Ord. 4262, 3-12-90; Ord. 5856, 6-18-18)
10-5-6 CHALLENGING THE IMPOUNDMENT – REQUIREMENTS:
A. Statute Of Limitations: Pursuant to RCW 46.55.120, any person seeking to challenge the validity of an impoundment authorized by the City of Renton pursuant to this chapter or the amount of towing and storage charges therefor shall request a hearing by paying a filing fee and filing a request for hearing with the Renton Municipal Court no later than ten (10) days after receiving written notice of the right of redemption and opportunity for hearing and no less than six (6) days prior to the date the vehicle is scheduled to be sold at auction.
B. Waiver Of Hearing: If the hearing request or the applicable filing fee is not received by the Renton Municipal Court within the prescribed time, the right to a hearing is waived, and the registered owner (or entity) shall be liable for the charged towing, storage, or other impoundment fees. (Ord. 3914, 6-3-85; Ord. 5856, 6-18-18)
10-5-7 POST IMPOUNDMENT HEARING PROCEDURE:
A. The Renton Municipal Court is vested with jurisdiction over any hearings requested pursuant to this chapter or applicable state law governing impoundments authorized by the City of Renton or its authorized agents. (Ord. 3826, 7-23-84)
B. The Renton Municipal Court shall, within five (5) days after the request for a hearing, 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 or agency authorizing the impound in writing of:
1. The hearing date and time; and
2. If the owner of the motor vehicle desires to have the police officer responsible for the impoundment or a representative of the towing company present at the hearing, a written request must be returned to the Renton Municipal Court no later than ten (10) days prior to the hearing date;
3. In absence of such a request, the officer’s impound report and/or tow company’s tow and storage receipt shall be received in evidence. (Ord. 4089, 10-26-87)
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 RMC 10-5-7.B and RMC 10-5-7.D, the officer’s impound report and/or tow company’s tow and storage receipt shall be received in evidence. In determining whether the fees charged were proper, the Judge may take notice of the tow company’s rates which shall be filed with the Renton Muncipal Court and available for public inspection. (Ord. 3826, 7-23-84)
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.
E. At the conclusion of the hearing, and no later than thirty (30) days following the hearing, the Judge shall determine whether the impoundment, and any fees charged for towing and/or storage were proper and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates. Should the Judge determine that the towing and/or storage fees charged were not proper, then the Judge shall determine the proper amount. After each hearing, the court shall provide both parties with a copy of the court’s decision setting forth in writing the reasons for the determination reached, and provide a copy of the decision to the tow company and the Renton Police Department. (Ord. 4262, 3-12-90)
F. If the impoundment is found proper, any unpaid impoundment, towing, and storage fees as permitted under this chapter together with any applicable court costs shall be assessed against the person(s) or entity requesting the hearing, and no refund shall be granted.
G. If the City’s authorization to impound is determined to be in violation of this Chapter, the owner of the vehicle shall bear no costs, and the City shall refund any expenses incurred for the cost of towing and storage. (Ord. 3914, 6-3-85)
H. If the impoundment is determined to be in violation of this Chapter due to an error or omission of the tow company, or if the tow company is found to have charged excessive fees, the owner of the vehicle shall bear no costs, and the tow company shall refund any expenses incurred for the cost of towing and storage.
I. Decisions issued by the Renton Municipal Court in accordance with this Chapter may be appealed by filing a petition in King County Superior Court no later than thirty (30) days following the Renton Municipal Court’s entry of the decision.
J. Nothing in this Chapter shall be construed to prevent the Judge exercising discretion in assessing costs or arranging time payments if justice so requires.
K. No attorneys’ fees shall be awarded to any party, except where required by state or federal law. (Ord. 3826, 7-23-84; Ord. 5651, 2-6-12; Ord. 5856, 6-18-18)
10-5-8 ABANDONED VEHICLES:
Any impounded vehicle not redeemed within fifteen (15) days of mailing of the notice required by Section 10-5-4 of this Chapter shall be deemed abandoned; provided that, if the Police Department has reason to believe that the owner of such impounded vehicle is incarcerated, 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 police officer and held pursuant to police order, the fifteen (15) days shall not begin until forty-eight (48) hours after the Police Department shall have notified both the owner and the towing company in accordance with RMC 10-5-4.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 Chief of Police.
No tow truck operator shall sell or otherwise dispose of an abandoned vehicle regardless of its age unless he has first complied with the provisions of Chapter 46.55 RCW.
In the case of failure to redeem an abandoned vehicle under RCW 46.55.120 an officer shall send a notice of infraction by certified mail to the last known address of the registered owner of the vehicle. (Ord. 4496, 2-13-95; Ord. 5856, 6-18-18)
10-5-9 RECORD 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 and model;
B. Vehicle license number and state of registration;
C. Vehicle identification number, if ascertainable;
D. Such other descriptive information as the Chief of Police deems useful for purposes of vehicle identification;
E. Name of impounding officer and serial number;
F. Reason for impoundment, and the time, date and location the approved towing company took custody; and
G. The written tow authorization form, if applicable. (Ord. 3826, 7-23-84; Ord. 5856, 6-18-18)
10-5-10 APPROVED TOW COMPANY DUTIES AND RECORDS:
Each approved tow company as conditions of approval in addition to fully complying with the standards set by the Police Department must:
A. File its towing and storage rates with the Police Department.
B. Mail within twenty-four (24) hours of receipt thereof a fully completed and signed copy of any requests for hearing and promissory note and copy of the tow and storage receipt to the Renton Municipal Court.
C. Keep, and make available for Police Department inspection, 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. Vehicle make, year, license and identification numbers;
c. Any unusual circumstance of the tow;
d. Time, date, location of tow and distance towed;
e. Name of tow truck driver and his signature. (Ord. 3826, 7-23-84)
2. A copy of each request for a hearing for all vehicles redeemed, signed by the redeeming person. (Ord. 4262, 3-12-90)
3. A copy of each monthly notarized claim for reimbursement for towing, storage and mailing costs.
4. Copies of any notices and/or forms the Approved Tow Company was required to provide to the vehicle owner(s), pursuant to Chapter 46.55 RCW. (Ord. 3826, 7-23-84; Ord. 5856, 6-18-18)
10-5-11 SEVERABILITY:
Should any section, subsection, paragraph, sentence, clause or phrase of this Chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Chapter. (Ord. 3826, 7-23-84; Ord. 5856, 6-18-18)
10-5-12 APPROVED TOW RATES REQUIRED:
Each approved tow company shall have its tow rates approved by the Police Department, and an approved tow company shall not charge greater than its approved tow rates. To the greatest extent possible, the approved tow rates shall be equivalent to those approved by the State patrol for tows it initiates. (Ord. 4262, 3-12-90; Ord. 5856, 6-18-18)
10-5-13 PENALTIES FOR VIOLATIONS BY APPROVED TOW AGENCY:
Should any approved tow agency violate any section of this Chapter, including charging fees in excess of the approved tow rates, then it shall be subject to progressive penalties. For the first violation of this Chapter, the offending tow agency shall be charged a civil penalty of not more than two hundred fifty dollars ($250.00). For the second such violation within any calendar year, the tow agency shall be penalized up to five hundred dollars ($500.00). For the third and subsequent violations, the tow agency may be placed on probation, temporarily removed from the list of tow agencies, or removed from the list of approved tow agencies and not permitted to reapply for inclusion within that list for a period of one (1) year. Each penalty shall be determined by the Police Chief or designee after reviewing the available information. Should the tow agency be aggrieved by the decision of the Police Chief or designee, then the tow agency may appeal, within twenty (20) days of receipt of notification of any penalty, to the Hearing Examiner. Such appeal shall be in writing and shall state all reasons why the aggrieved agency is appealing. The Hearing Examiner’s decision shall be rendered not more than thirty (30) days after an appeal hearing to be established by the Hearing Examiner. Any appeal from the Hearing Examiner’s decision shall be filed with the King County Superior Court within twenty (20) days of the Hearing Examiner’s written decision. (Ord. 4262, 3-12-90; Ord. 5856, 6-18-18)