Chapter 10.68
VEHICLE IMPOUNDMENT FACILITY
Sections:
10.68.040 Establishment of secure impound facilities.
10.68.050 Impounding, transporting vehicles.
10.68.060 Period of impoundment.
10.68.070 Notification of impound.
10.68.080 Redemption of impounded vehicles.
10.68.090 Administrative hearing.
10.68.100 Administrative hearing procedures.
10.68.110 Administrative hearing fee.
10.68.120 Abandonment and sale.
10.68.130 Release of personal property.
10.68.010 Authority.
The provisions of this chapter shall be deemed an exercise of the police powers of the city for the reasonable regulation of impounding motor vehicles as authorized by RCW 46.55.240, while at the same time providing for the health, safety, welfare, and general protection of the citizens of Zillah. Nothing contained in this chapter shall create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by this chapter. (Ord. 919 § 1, 2000)
10.68.020 Purpose.
It is the intent of the city council to allow for the impoundment of motor vehicles by law enforcement officers whenever the driver of a vehicle is taken into custody as specified in RCW 46.55.113 and to hold impounded vehicles whenever the driver is arrested for violation of RCW 46.20.342 for the below-specified time periods. It is the intent of the city council to adopt the legislative finding contained in RCW 46.55.105, “Findings – 1998 c 203.” It is the intent of the city council to simplify the process of impounding, holding and releasing the vehicles to their registered owners by establishing a city-operated secure impound facility where such a facility does exist within the city limits of the city of Zillah. (Ord. 919 § 2, 2000)
10.68.030 Definitions.
As used in this chapter, the following words and terms shall be defined as follows:
“Driving while license suspended or revoked” means whenever a person’s privilege to drive has been suspended or revoked by this state or any other state. Any person who has a valid Washington driver’s license shall not be considered to be driving with a suspended or revoked driver’s license.
“Impound” means to take and hold a vehicle in legal custody. For the purpose of this chapter, all vehicle “impounds” shall be public impounds.
“Law enforcement officer” means commissioned officers of the Zillah police department.
“Motor vehicle” means any vehicle which is self-propelled by the use of a mechanical motor, electrical motor or combustion motor.
“Public impounds” 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.
“Registered tow truck operator” or “operator” means any city licensed business that is licensed by the Department of Licensing to engage in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles. (Ord. 919 § 3, 2000)
10.68.040 Establishment of secure impound facilities.
This chapter authorizes the chief of police to establish a location within the city limits of the city of Zillah, that complies with the provisions of the WAC 308-61-026(2), as a secure impound area. The secure impound area shall be for the purpose of temporarily safeguarding vehicles while stored or held in compliance with this chapter.
A. The police department shall establish storage fees that are consistent with rates and fees charged within Yakima County. The police department shall post the fees in the lobby of the police department.
B. The impound yard shall have signs posted, visible to the outside that provide the following information:
City of Zillah Impound Area
No Trespassing or entrance by unauthorized persons
Contact: Zillah Police Department
111 7th Street, Zillah, WA
(509) 829-6100
(Ord. 919 § 4, 2000)
10.68.050 Impounding, transporting vehicles.
The chief of police shall enter into an agreement with a registered tow truck operator to impound vehicles to the secure impound facilities. The registered tow truck operator shall submit a claim to the city for payment after services are provided. (Ord. 919 § 5, 2000)
10.68.060 Period of impoundment.
Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.342, the following period of impoundment shall apply:
A. Whenever the driver of a vehicle is arrested for violation of RCW 46.20.342, the vehicle shall be impounded, except when circumstances exist that make it unsafe or impractical for the officer to impound the vehicle. Impractical situations include the need for the officer to respond to other calls for service or an emergency situation.
B. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342 and the Washington Department of Licensing records show that the driver’s status is suspended third degree, and the records show one previous violation of RCW 46.20.342 within five years, the vehicle shall be impounded for 15 days.
C. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342 and the Washington Department of Licensing records show that the driver’s status is suspended third degree, and the records show two or more previous violation of RCW 46.20.342 within five years, the vehicle shall be impounded for 30 days.
D. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342 and the Washington Department of Licensing records show that the driver’s status is suspended first or second degree, and the records show no previous violations of RCW 46.20.342 within five years, the vehicle shall be impounded for 30 days.
E. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342 and the Washington Department of Licensing records show that the driver’s status is suspended first or second degree, and the records show one previous violation of RCW 46.20.342 within five years, the vehicle shall be impounded for 30 days.
F. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342 and the Washington Department of Licensing records show that the driver’s status is suspended first or second degree, and the records show two or more previous violations of RCW 46.20.342 within five years, the vehicle shall be impounded for 30 days. (Ord. 919 § 6, 2000)
10.68.070 Notification of impound.
The Zillah police department shall notify the registered owner and legal owner of any vehicle impounded by written notification within 24 hours, excluding Saturdays, Sundays and holidays, of the impound, by first class mail. The written notification shall include the location of the vehicle, the address and telephone number of the Zillah police department for the owner to redeem their vehicle. The notice shall also include the written notice of the right of redemption and the opportunity for a hearing to contest the validity of the impoundment pursuant to ZMC 10.68.090 and 10.68.100.
A. No notices need to be sent to the legal or registered owners of an impounded vehicle if the vehicle has been redeemed. (Ord. 919 § 7, 2000)
10.68.080 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 in writing by the registered owner, or one who has purchased the vehicle from the registered owner, who produces ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342, and the operator was the driver at the time of impound, shall not be released until proof that all outstanding fines and/or failures to appear have been paid is presented. No person shall redeem a vehicle until payment has been made for towing fees, and storage fees or satisfactory arrangements have been made and approved by the chief of police.
B. The chief of police is authorized to release a vehicle impounded prior to the expiration period of impoundment upon written petition of a spouse or other adult person having a legal interest in the vehicle, based on economic or personal hardship to such spouse or other person resulting from unavailability of the vehicle and after consideration of the threat to public safety that may result from the 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 must satisfy all towing, administrative and storage fees.
C. A rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage fees, whereupon the vehicle will not be held for a suspended license impound.
D. A motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage fees whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound. However, this perfected security interest in the vehicle from repossessing the vehicle and the selling, leasing, or otherwise disposing of it in accordance with Chapter 62A.9A RCW, including providing redemption rights to the debtor under RCW 62A.9A-506. If the debtor is the registered owner of the vehicle, the debtor’s right to redeem the vehicle under RCW 62A.9A-506 is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound.
E. Persons seeking to redeem a vehicle held at the city secure impound facility shall be provided written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, and a copy of the towing and storage invoice. The police department shall maintain a record evidenced by the redeeming person’s signature that such notification was provided. (Ord. 919 § 8, 2000)
10.68.090 Administrative hearing.
Any person seeking to redeem a vehicle impounded as a result of this chapter has a right to a hearing before an administrative hearing officer to contest the validity of an impoundment or the amount of towing and storage charges if such request for a hearing is in writing, in a form approved by the chief of police and signed by such person, and received by the chief of police within 10 days (including Saturdays, Sundays and holidays) of the vehicle impound. Such hearing shall be provided as follows:
A. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under RCW 46.20.342, have been satisfied, then the impounded vehicle shall be released immediately and a hearing shall be held within 90 days of the written request for hearing.
B. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under RCW 46.20.342, have not been satisfied, then the impounded vehicle shall not be released until after the hearing which shall be held within two business days (excluding Saturdays, Sundays, and holidays) of the written request for hearing.
C. Any person seeking a hearing who has failed to request such hearing with 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 demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purpose 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.
D. If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper.
E. In accordance with RCW 46.55.240(1)(d), a decision made by an administrative hearing officer may be appealed to the Zillah municipal court for final judgement. 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 municipal court within 15 days after the decision of the administrative hearing officer and must pay a filing fee in the same amount required for the filing of a suit in 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 hearing officer’s decision is final. (Ord. 919 § 9, 2000)
10.68.100 Administrative hearing procedures.
Hearing requested pursuant to this chapter shall be held by an administrative hearing officer who shall determine whether the impoundment was proper and whether the associated towing, storage, and administrative fees were proper.
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, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.
B. If the impoundment is found to be proper, the administrative hearing officer shall enter an order so stating. In the event that the costs of impoundment (towing and storage fees) have not been paid or any other applicable requirements of this chapter have not be satisfied or any period of impoundment has not expired, the administrative hearing officer 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 violations are satisfied. The administrative hearing officer may grant time payments and release the vehicle after all other provisions are met. Time payments shall only be granted in cases of extreme financial need, and where there is an effective guarantee of payment.
C. If the impoundment is found to be improper, the administrative hearing officer shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the administrative hearing officer shall enter judgement against the city and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment.
D. In the event that the administrative hearing officer finds that the impoundment was proper, but that the towing and/or storage fees charged for the impoundment were improper, the administrative hearing officer shall determine the correct fees to be charged. If the costs of the impoundment have been paid, the administrative hearing officer shall enter a judgement against the city and in favor of the person who has paid the costs of impoundment for the amount of overpayment.
E. 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.
F. An appeal of the administrative hearing officer’s decision in municipal court shall be conducted according to, and is subject to, the procedures of this section. If the court finds that the impoundment or towing or storage fees are improper, any judgment entered against the city shall include the amount of the filing fee. (Ord. 919 § 10, 2000)
10.68.110 Administrative hearing fee.
Whenever a person requests an administrative hearing to contest the validity of an impound, and the administrative hearing officer finds that the impound was proper, the administrative hearing officer shall asses a fee of $50.00 against the person requesting the hearing. When the administrative hearing officer finds the impound to be improper, no fee shall be assessed. The fee shall be for the purpose of offsetting, to the extent practicable, the cost to the city of holding the hearing.
A. At the time an administrative hearing is requested, the person requesting the hearing shall deposit with the city the fee of $50.00. If the hearing officer finds the impound to be improper, the fee shall be refunded. (Ord. 919 § 11, 2000)
10.68.120 Abandonment and sale.
Five days after the date of notice was sent to the legal and registered owners or five days following the expiration of the impoundment period when the driver was arrested for violation of RCW 46.20.342, the vehicle shall be considered to be abandoned.
A. The police department shall submit an abandoned vehicle report to the Department of Licensing. The Department of Licensing shall return a record of ownership for the vehicle to the police department. Within 24 hours, exclusive of Saturday, Sunday and holidays, the police department shall mail, by certified mail, return receipt requested, a notice of custody and sale to the legal and registered owners.
B. If, after the expiration of 15 days from the date of mailing of notice of custody and sale to the registered and legal owners, the vehicle remains unclaimed and has not been listed as a stolen vehicle, then the city shall conduct a sale of the vehicle at public auction.
1. The police department shall publish a notice of the date, place and time of the auction in a newspaper of general circulation, not less than three days and not more than 10 days before the date of the auction. The notice shall contain a description of the vehicle including the make, model, year, and license number and a notification that a three-hour public viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day.
C. The following procedures are required in any public auction of such abandoned vehicles:
1. The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid;
2. All bidders must be present at the time of the auction unless they have submitted to the city a written bid on a specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid;
3. The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded;
4. The highest two bids received shall be recorded in written form and shall include the name, address, and telephone of each such bidder;
5. In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid;
6. The successful bidder shall apply for title within 15 days;
7. The city shall post a copy of the auction procedure at the bidding site. The police department shall notify all persons requesting such information of the auction site. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted;
8. All surplus monies derived from the auction after satisfaction of all fees, towing, storage and administrative, shall be remitted within 30 days to the Department of Licensing for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds;
9. If the city receives no bid, or if the city is the successful bidder at auction, the city shall, within 45 days, sell the vehicle to a licensed vehicle wrecker, bulk hauler or scrap processor by use of the abandoned vehicle report-affidavit of sale, or the city shall apply for title to the vehicle.
D. Vehicles shall not be held for longer than 90 days without holding an auction on the vehicle, except for vehicles that are under a police or judicial hold.
E. In no case may the accumulation of storage charges exceed 15 days from the date of receipt of the information by the police department from the Department of Licensing. (Ord. 919 § 12, 2000)
10.68.130 Release of personal property.
All personal belongings and contents in the vehicle, with the exception of those items that are attached or mounted onto or in the vehicle, shall be kept intact, and shall be returned to the vehicle’s owner or agent during normal business hours upon request and presentation of a driver’s license or other sufficient identification. Personal items, with the exception of those items that are attached or mounted onto or in the vehicle, shall not be sold at auction to satisfy a lien against the vehicle.
A. All personal belongings and contents that are not part of the vehicle shall be placed into custody and returned to the vehicle owner or their owner if one can be determined. The police department will handle the property in the same manner as found property.
B. Any person who shows proof of ownership or written authorization from the impounded vehicle’s registered owner or legal owner or the vehicle’s insurer may view the vehicle without charge during normal business hours. The police department may require scheduling prior to the viewing period. (Ord. 919 § 13, 2000)
10.68.140 Charges and fees.
The chief of police shall set reasonable charges and fees for towing and storage of motor vehicles. The chief of police shall survey licensed tow truck operators in the city and shall set the fees so that they are no higher than the most expensive fees and no lower than the lowest fees charged by those licensed tow truck operators. The fee for towing shall not be less than the fee charged by the contracted operator to tow the vehicle to the secure impound area. The towing fee charged shall be sufficient to cover the costs to the city, including the cost of the officer and the actual fee paid to the contracted operator. The police department shall compute the costs for the officer at one hour’s time at $20.00 to recover the expense of impounding the vehicle.
A. Whenever a vehicle is impounded to the secure impound area a minimum storage fee of one-day storage. The storage fees shall be computed so that part of one day shall be considered one full day. For the purposes of establishing a day, the police department shall use the time period of 12:00 noon to 12:00 noon. (Ord. 919 § 14, 2000)