Chapter 10.68
IMPOUNDMENT AND REDEMPTION OF CERTAIN VEHICLES
Sections:
10.68.020 Impoundment – Without prior notice.
10.68.030 Impoundment – Prior notice required.
10.68.050 Notification of owner.
10.68.060 Redemption of impounded vehicles.
10.68.070 Post-impoundment hearing – Procedure.
10.68.080 Post-impoundment hearing – Notice.
10.68.090 Post-impoundment hearing – Evidence.
10.68.100 Post-impoundment hearing – Determination.
10.68.110 Post-impoundment hearing – Compensation.
10.68.120 Post-impoundment hearing – Court discretion.
10.68.130 Post-impoundment hearing – Appeal.
10.68.140 Sale of abandoned vehicles.
10.68.150 Tow truck operators.
10.68.160 Sumner police department records.
10.68.010 Definitions.
The definitions set forth in this section apply throughout this chapter:
“Impound” means to take and hold a vehicle in legal custody. There are two types of impounds, public and private:
1. “Public impound” means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located;
2. “Private impound” means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located.
“Impoundment” means removal of a vehicle to a storage facility either by an officer or authorized agent of the Sumner police department, or by an approved towing company for towing and storage in response to a request from an officer or authorized agent of the Sumner police department.
“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.
“Residential property” means property that has no more than four living units located on it.
“Tow truck” means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the State Patrol.
“Unauthorized vehicle” means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:
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Subject to removal after: |
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1. Public locations: |
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a. Constituting an accident or a traffic hazard as defined in RCW 46.55.113 |
Immediately |
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b. On a highway and tagged as described in RCW 46.55.085 |
24 hours |
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c. In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070 |
Immediately |
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d. In a posted tow-away zone or in violation of any posted parking regulation |
Immediately |
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2. Private locations: |
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a. On residential property |
Immediately |
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b. On private, nonresidential property, properly posted under RCW 46.55.070 |
Immediately |
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c. On private, nonresidential property, not posted |
24 hours |
“Vehicle” means the definition set forth in chapter 46.04 RCW, and shall include any automobile, truck, truck-trailer combination, semi-trailer or trailer. (Ord. 1783 § 1, 1996; Ord. 1710 § 1, 1995; Ord. 1470 § 1, 1989)
10.68.020 Impoundment – Without prior notice.
A. A vehicle may be impounded without prior notice to its owner as required in SMC 10.68.030 under the following circumstances:
1. When the vehicle is impeding or is likely to impede the normal flow of vehicle or pedestrian traffic; or
2. When the vehicle is illegally parked in a truck, bus, loading, taxi or other similar zone where parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, and where such vehicle is interfering with the proper and intended use of such zone; or
3. When the vehicle poses an immediate danger to the public safety; or
4. When a police officer has probable cause to believe that the vehicle is stolen; or
5. When a police officer has probable cause to believe that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or preserve such evidence; or
6. Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.500, 46.61.502 or 46.61.504, the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety; or
7. When the operator of the vehicle is arrested and placed in custody and is not in condition to drive the vehicle to a place of safety and there is no other person present who may properly act as agent for such operator to drive the vehicle to a place of safety; or
8. Whenever a vehicle without a special license plate, card or decal indicating that the vehicle is being used to transport a disabled person under chapter 46.16 RCW is parked in a stall or space clearly and conspicuously marked under chapter 46.61 RCW, which space is provided on private property without charge or on public property; or
9. Upon determining that a person is operating a motor vehicle without a valid driver’s license in violation of RCW 46.20.021 or with a license that has been expired for 90 days or more, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420; or
10. When a vehicle is found unattended in a posted tow-away zone or found to be in violation of any posted parking regulation.
B. Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required.
C. Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator. (Ord. 2778 § 1 (Exh. A), 2021; Ord. 2767 § 1 (Exh. A), 2021; Ord. 1783 § 2, 1996; Ord. 1765 § 1, 1996: Ord. 1470 § 2, 1989)
10.68.030 Impoundment – Prior notice required.
A. A vehicle not subject to impoundment under Section 10.68.020 may be impounded by the city only after notice of such proposed impoundment has been securely attached to and conspicuously displayed on such vehicle for a period of 24 hours prior to such impoundment. Such notice shall contain the following information:
1. The date and time the notice was attached;
2. The identity of the officer attaching the notice;
3. A statement that if the vehicle is not removed within 24 hours from the time the notice 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.
If the vehicle has current Washington registration plates, the police department shall check the records to learn the identity of the last owner of record and shall make a reasonable effort to contact the owner by telephone, by making not less than one attempt to call, in order to give the owner the information on the notice described in this subsection.
B. Impoundments under this section may be for the following reasons:
1. When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or
2. When such a vehicle is abandoned; or
3. 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 peace officer or representative of the State Commission on Equipment.
C. A vehicle is considered abandoned for purposes of this section if it is left within the limits of any street in the city of Sumner for a period of 24 hours or longer. A vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and has notified the Sumner police department and requests not more than 96 hours to remove the vehicle. (Ord. 1470 § 3, 1989)
10.68.040 Removal of vehicle.
If the vehicle is not removed within 24 hours from the time the notification notice 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 place of safety includes the business location of a tow truck operator. (Ord. 1470 § 4, 1989)
10.68.050 Notification of owner.
A. When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the unauthorized vehicle. Notification shall be sent by first class mail within 24 hours after the impoundment to the last known registered and legal owners of the vehicle, as provided by the law enforcement agency, and shall inform the owners of the identity of the person or agency authorizing the impound. Notification shall include the name of the impounding tow firm, its address and telephone number. The notice shall also include the location, time of the impoundment and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of impoundment pursuant to Section 10.68.070 of this chapter.
B. In the case of an abandoned vehicle, within 24 hours after receiving information on the vehicle owners from the department through the abandoned vehicle report, the tow company operator shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owners.
C. No notice need be sent to the legal or registered owners of an impounded vehicle if the vehicle has been redeemed. (Ord. 1470 § 5, 1989)
10.68.060 Redemption of impounded vehicles.
Vehicles impounded by the city shall be redeemed only under the following circumstances:
A. Only the legal owner, the registered owner, a person authorized in writing by the registered owner, the vehicle’s insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle, or one who has purchased a vehicle from a registered owner, who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle.
B. Any person so redeeming a vehicle impounded by the city or ordered to be impounded by the city shall pay to the towing company all of the related costs of impoundment (towing, standby and storage) prior to redeeming such vehicle.
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. (Ord. 1470 § 6, 1989)
10.68.070 Post-impoundment hearing – Procedure.
Hearings requested pursuant to Section 10.68.050 of this chapter shall be held before the administrative hearings officer of the city of Sumner. The municipal judge of the city shall serve as the administrative hearings officer. Any requests for a hearing shall be made in writing on the form provided for that purpose and must be received by the clerk of the Sumner municipal court within 10 days of the date the opportunity was provided for in Section 10.68.050A. If the hearing request is not received by the clerk of the Sumner municipal court within the 10-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage or other impoundment charges permitted under this chapter. (Ord. 1470 § 7 (A), 1989)
10.68.072 Filing fee.
If a vehicle is impounded pursuant to the above section(s), the person requesting a hearing to contest the validity of the impound shall pay a filing fee in the same amount required for the filing of a suit in courts of limited jurisdiction at the time the request for the hearing is filed with the Sumner municipal court. (Ord. 2639 § 1, 2018: Ord. 2233 § 1, 2007)
10.68.080 Post-impoundment hearing – Notice.
The clerk of the Sumner municipal court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle, and the persons or agency authorizing the impound in writing of:
A. The hearing date and time; and
B. If the owner of a 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 clerk of the Sumner municipal court must be returned to the clerk of the Sumner municipal court no later than 10 days prior to the hearing date;
C. In the 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. 1470 § 7 (B), 1989)
10.68.090 Post-impoundment hearing – Evidence.
A. At the hearing, the Sumner police department may provide any relevant evidence to show that the impound was proper. In absence of a request by the vehicle owner pursuant to Section 10.68.080 and subsection B of this section, 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 court may take notice of the tow company’s rates which shall be filed with the court and available for public inspection.
B. 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 Section 10.68.080 must be made to the clerk of the Sumner municipal court no later than 10 days prior to the hearing date. (Ord. 1470 § 7 (C), (D), 1989)
10.68.100 Post-impoundment hearing – Determination.
A. At the conclusion of the hearing, the administrative hearings officer 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 administrative hearings officer 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 Sumner police department.
B. If the impoundment is found proper, the impoundment and/or towing and/or storage fees, together with court costs and the expenses of the hearing, shall be assessed as a civil penalty against the owner of the vehicle impounded. The appearance cost of any approved tow company’s representative, if requested, shall be a cost assessed, Section 10.68.120 of this chapter notwithstanding.
C. If the impound is not found proper, then the owner of the vehicle shall bear no costs. (Ord. 1470 § 7 (E), (F), (G), 1989)
10.68.110 Post-impoundment hearing – Compensation.
Compensation for the court appearance of a representative of an approved tow company shall be paid at the rate of $25.00 for such person’s appearance, as well as travel expenses in accordance with the mileage rate established by the administrative hearings officer for witnesses. (Ord. 1470 § 7 (H), 1989)
10.68.120 Post-impoundment hearing – Court discretion.
Nothing in this chapter shall be construed to prevent a court from exercising discretion in assessing penalties, costs or arranging time payments if justice so requires. (Ord. 1470 § 7 (I), 1989)
10.68.130 Post-impoundment hearing – Appeal.
The decision of the administrative hearings officer may be appealed to the Pierce County district court No. 1 for final judgment. All appeals to Pierce County district court No. 1 shall be on the record. (Ord. 1913 § 1, 2000: Ord. 1470 § 7 (J), 1989)
10.68.140 Sale of abandoned vehicles.
A. Any impounded abandoned vehicle not redeemed within 15 days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all of the provisions and subject to all the conditions of RCW 46.55.130. A vehicle may be redeemed at any time before the start of the auction upon payment of towing and storage charges.
B. 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 RCW 46.55.100 and 46.55.110.
C. For the purposes of this section, “abandoned vehicle” means a vehicle that a registered tow truck operator has impounded and held in the operator’s possession for 96 consecutive hours. (Ord. 1470 § 8, 1989)
10.68.150 Tow truck operators.
Tow truck operators shall comply with all of the applicable provisions of chapter 46.55 RCW. (Ord. 1470 § 9, 1989)
10.68.160 Sumner police department records.
The Sumner 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 of the Sumner police department 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. (Ord. 1470 § 10, 1989)