Chapter 10.20
IMPOUNDMENT OF VEHICLES INVOLVING DUI
Sections:
10.20.010 Impoundment of vehicles driven by drivers with suspended or revoked licenses.
10.20.020 Impoundment of vehicles driven by persons while under the influence, (DUI).
10.20.030 Holding vehicles impounded.
10.20.040 Redemption of impounded vehicles.
10.20.060 Fixing fees for impound, towing and storage of impounded vehicles.
10.20.010 Impoundment of vehicles driven by drivers with suspended or revoked licenses.
Pursuant to the authority of RCW 46.55.113, whenever a motor vehicle is found to be operated by a person with a suspended or revoked driver’s license in violation of RCW 46.20.342 (Driving while license suspended or revoked) or 46.20.420 (Operation of a vehicle under other license or permit prohibited while license suspended or revoked) the vehicle is subject to impoundment at the direction of a law enforcement officer. (Ord. 553 § 1, 2000)
10.20.020 Impoundment of vehicles driven by persons while under the influence, (DUI).
Pursuant to the authority of RCW 46.55.113, whenever a driver of a vehicle is arrested for driving while under the influence (DUI) in violation of RCW 46.61.502 or 46.61.504, the vehicle is subject to impoundment at the direction of a law enforcement officer. (Ord. 553 § 2, 2000)
10.20.030 Holding vehicles impounded.
(1) DWLS/DWLR First, Second and Third Degree.
(a) If the driver is arrested for a violation of RCW 46.20.342(1)(c) (3rd degree suspended/ revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be impounded, but no suspended driver hold shall be placed on the vehicle. If the driver is also the registered owner then the vehicle shall be held until all outstanding penalties, fines, and forfeitures owed by him/her are satisfied. The driver/registered owner must present proof from a court of law that he/she has no outstanding penalties, fines, or forfeitures.
(b) If the driver is arrested for a violation of RCW 46.20.342(1)(c) (3rd degree suspended/ revoked) and has any prior convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be held for 30 days.
(c) If the driver of the vehicle is arrested for a violation of RCW 46.20.342(1)(a) or (b) (1st or 2nd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be held for 30 days.
(d) If the driver of the vehicle is arrested for a violation of RCW 46.20.342(1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342(1)(a) or (b) in the past five years, the vehicle shall be held for 60 days.
(e) If the driver of the vehicle is arrested for a violation of RCW 46.20.342(1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342(1)(a) or (b) two or more times in the past five years, the vehicle shall be held for 90 days.
(2) DUI. When a person has been arrested for DUI and during the course of the investigation the arresting officer has information that:
(a) The person under arrest has one prior conviction for DUI in the last seven years, the officer shall serve on the driver a notice of possible forfeiture form as provided by the Coulee Dam police department. The vehicle at that time shall be impounded and held at a location designated by the chief of police, until such time as the vehicle is either forfeited through the forfeiture process as outlined in RCW 46.61.5058 or released to the registered owner if no forfeiture is granted.
(b) The person under arrest has two prior convictions for DUI in the last seven years, the officer shall serve on the arrested person a notice of seizure as provided for in RCW 46.61.5058.
Any appeal from this process shall be made according to RCW 46.61.5058(6).
(3) Impound Fees and Storage Costs.
(a) The fees for impoundment and storage under this section shall be set by ordinance, and may be updated within the town’s annual fee ordinance. Storage costs shall commence with the first full day after impoundment has taken place. All fees and storage costs shall be paid in full to the Coulee Dam police department during regular business hours prior to the release of any impounded vehicle pursuant to this chapter. The town council for the town of Coulee Dam may adopt additional fees for weekend, after-hours and holiday releases.
Fees for impoundment and storage shall be paid as required below.
(4) Hardship Release.
(a) The chief of the Coulee Dam police department or one of his officers may issue a written order to release the vehicle from impound before the expiration of the impound period on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator’s criminal history and driving record. (Ord. 553 § 3, 2000)
10.20.040 Redemption of impounded vehicles.
Vehicles impounded pursuant to CDMC 10.20.010 may be redeemed, after being held for the requisite number of days in impound under CDMC 10.20.030, upon the following conditions:
(1) The person redeeming the vehicle is an eligible person to redeem the vehicle under RCW 46.55.120(1)(a) and pays all towing, removal, and storage fees as provided in RCW 46.44.120(1)(b); and
(2) When the vehicle was impounded because the operator was in violation of RCW 46.20.342 and the operator is the registered owner, such registered owner establishes with the chief of the Coulee Dam police department that all fines, penalties, or forfeitures owned by him or her for traffic violations have been paid in full; and
(3) Issuance of a written order from the chief of the Coulee Dam police department or one of his officers directing release of the impounded vehicle. (Ord. 553 § 4, 2000)
10.20.050 Contesting hearing.
(1) Any person seeking to redeem a vehicle impounded under this ordinance has the right to a hearing in the district court contracted to hear Coulee Dam municipal cases, to contest the validity of the impoundment. Any request for a hearing shall be made in writing on the form provided for that purpose as specified in RCW 46.55.120(2)(a) and must be received by the court within 10 days of the date of the impoundment. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for filing a suit in district court. If the hearing request is not received by the 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.
(2) The chief of the Coulee Dam police department or his designated impoundment authorizing officer shall appear and represent the chief at the impoundment validity hearing in the district court. The town attorney for the town of Coulee Dam is not required to appear on behalf of the town at the hearing.
(3) 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 impoundment vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle. (Ord. 553 § 5, 2000)
10.20.060 Fixing fees for impound, towing and storage of impounded vehicles.
Drivers of impounded vehicles shall be charged the following fees, as related to the vehicle that is impounded:
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Impound |
Vehicle processing fee: |
$10.00 |
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Towing |
Towing company current fee |
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Storage |
Towing/storage company current fee to be paid directly to towing/storage company |
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Release |
During regular business hours |
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All other times, including nights, |
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(Ord. 554 § 1, 2001)