CHAPTER 5
IMPOUNDMENT AND REDEMPTION OF VEHICLES
SECTION:
10-5-1: Definitions
10-5-2: Impoundment Of Vehicles, Notice
10-5-3: How Impoundment Is To Be Effected
10-5-4: Owner Of Impounded Vehicle To Be Notified
10-5-5: Redemption Of Impounded Vehicles
10-5-6: Cancellation Of Hearing
10-5-7: Post Impoundment Hearing Procedure
10-5-8: Abandoned Vehicles
10-5-9: Renton Police Department Record Of Impound 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:
APPROVED TOW COMPANY: Any person, firm, partnership, tow operator, association or corporation approved by the Renton Police Department. Approved tow companies must comply with all State laws, County ordinances, and any Federal law including antitrust laws.
IMPOUNDMENT: 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 towing company for towing and storage in response to a request from an officer or authorized agent of the Renton Police Department.
VEHICLES: As used in this Chapter shall have the definition set forth in RCW 46.04 and, in addition, shall include any vehicle hulk as the same is defined in Renton Municipal Code Section 6-1-1. (Ord. 4496, 2-13-95)
10-5-2 IMPOUNDMENT OF VEHICLES, NOTICE:
A. When A Vehicle May Be Impounded Without Prior Notice: A vehicle may be impounded 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;
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;
3. The vehicle poses an immediate danger to public safety;
4. A police officer has information sufficient to form a reasonable belief that the vehicle is stolen;
5. 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. 3826, 7-23-84)
6. The vehicle is parked without authorization on residential property.
7. The vehicle is parked on private, nonresidential property, properly posted under RCW 46.55.070. (Ord. 4496, 2-13-95)
8. Impound is required by law. (Ord. 5622, 9-12-11)
Nothing in such 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 Section 10-5-2A 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. Such vehicle is left unattended on a public highway.
2. Such vehicle is a junk or abandoned vehicle, as defined in Renton Municipal Code Section 6-1-1. (Amd. Ord. 4792, 9-13-99)
3. Such vehicle is left unattended on private property not posted in accordance with RCW 46.55.070. (Ord. 4496, 2-13-95)
10-5-3 HOW IMPOUNDMENT IS TO BE EFFECTED:
When impoundment is authorized by this Chapter, a vehicle may be impounded by an approved towing company at the request of an officer or authorized agent of the Renton Police Department. (Ord. 4262, 3-12-90)
10-5-4 OWNER OF IMPOUNDED VEHICLE TO BE NOTIFIED:
A. Not more than forty eight (48) hours after impoundment of any vehicle, the Renton Police Department shall mail a notice of impound, hereinafter referred to as the impound report, and notice of redemption and opportunity for a hearing 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 Motor Vehicles, or the corresponding agency of any other state or province. If the officer requesting the impound has reason to 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 and 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 company’s address.
B. Written notice of redemption and opportunity for a hearing as set forth on a form provided by the Renton Police Department 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.
C. Similar written notice and record of notification for redemption and opportunity for a hearing as set forth on a form provided by the Renton Police Department shall likewise be given by the tow company at the time of releasing a vehicle impounded for investigatory purposes pursuant to Section 10-5-2A5. Renton Police Department shall notify the tow company of the authorization to release such vehicle. (Ord. 4262, 3-12-90)
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 to contest the validity of the impoundment or the amount of towing and storage charges, except no appeal shall be had 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)
10-5-6 CANCELLATION OF HEARING:
Any person redeeming an impounded vehicle in accordance with Section 10-5-5C shall have until ten (10) days after the date of the request to cancel the hearing. If a hearing is cancelled more than ten (10) days after its request, then a ten dollar ($10.00) cancellation fee must be paid to the City. (Ord. 3914, 6-3-85)
10-5-7 POST IMPOUNDMENT HEARING PROCEDURE:
A. Hearings requested pursuant to Section 10-5-4 hereof shall be held by the City Hearing Examiner. (Ord. 3826, 7-23-84)
B. The Hearing Examiner within ten (10) days after the request for a hearing shall notify the motor vehicle owner in writing of:
1. The hearing date and time; and
2. If the owner of 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 Hearing Examiner must be returned to the Hearing Examiner 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 Section 10-5-7B and Section 10-5-7D 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 Hearing Examiner may take notice of the tow company’s rates which shall be filed with the Hearing Examiner 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. In lieu of a personal appearance, the owner of the motor vehicle impounded may provide the Hearing Examiner with a written statement of position which the Hearing Examiner may consider in the same manner as the officer’s impound report and the tow company’s tow and storage receipt.
F. At the conclusion of the hearing, and within thirty days, the Hearing Examiner shall determine whether the impoundment, and/or towing, and/or storage fees charged were proper and provide both parties with a copy of his decision setting forth in writing the reasons for the determination reached. Should the Hearing Examiner determine that the towing and/or storage fees charged were not proper, then the Hearing Examiner shall determine the proper amount and provide a copy of his decision to the tow company and the Police Department. (Ord. 4262, 3-12-90)
G. If the impoundment is found proper, the expense of the hearing shall be assessed as a civil penalty against the owner of the vehicle impounded. The appearance cost of an approved tow company’s representative if requested shall be a cost assessed, Section 10-5-7J of this Section notwithstanding.
H. If the impound is not found proper the owner of the vehicle shall bear no costs, and the City shall refund to the owner the cost of towing and storage. (Ord. 3914, 6-3-85)
I. Compensation for the hearing appearance of a representative of an approved tow company shall be paid by the City at the rate of fifteen dollars ($15.00) for such person’s appearance.
J. Nothing in this Chapter shall be construed to prevent the Hearing Examiner exercising discretion in assessing penalties, costs or arranging time payments if justice so requires. (Ord. 3826, 7-23-84; Ord. 5651, 2-6-12)
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 in custody of the Police Department jail, 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 Section 10-5-4C 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 RCW 46.52.120 and 46.55.130.
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)
10-5-9 RENTON POLICE DEPARTMENT RECORD OF IMPOUND 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. (Ord. 3826, 7-23-84)
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 Hearing Examiner.
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. (Ord. 3826, 7-23-84)
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)
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)
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 the Code the offending tow agency shall be charged a civil penalty of not more than one hundred dollars ($100.00). 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 year. Each penalty shall be determined by the Police Chief or his designee after reviewing the available information. Should the tow agency be aggrieved by the decision of the Police Chief or his 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 appeal decision shall be to Superior Court by Writ of Review brought within twenty (20) days of the Hearing Examiner’s written decision. (Ord. 4262, 3-12-90)