Chapter 10.21
VEHICLE IMPOUNDMENT – DUI ARRESTS
Sections:
10.21.010 Removal by police officer – Period of impoundment.
10.21.015 Owner of impounded vehicle to be notified.
10.21.020 Redemption of impounded vehicles.
10.21.030 Post-impoundment hearing procedure.
10.21.050 Impoundment when driver arrested for driving or physical control under the influence.
10.21.010 Removal by police officer – Period of impoundment.
A. Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.342 or 46.20.420, which sections have been adopted as part of the Eatonville traffic code under EMC 10.04.010, pursuant to the Washington Model Traffic Ordinance, Chapter 308-330 WAC, or subsequent amendments thereto, the vehicle is subject to summary impoundment at the direction of a police officer.
B. If a vehicle is impounded because the driver is arrested for a violation of driving while license suspended (DWLS) in the third degree, as defined in RCW 46.20.342(1)(c), and the records of the Washington Department of Licensing (DOL) show that the driver has no prior convictions of RCW 46.20.342 or other similar local ordinance, the impounded vehicle may be released as soon as all the requirements of EMC 10.21.020(A) and (B) are met.
C. If a vehicle is impounded because the driver is arrested for a violation of driving while license suspended (DWLS) in the third degree, as defined in RCW 46.20.342(1)(c), and the records of the DOL show that the driver has one or more prior convictions of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle may be impounded for 30 days.
D. If a vehicle is impounded because the driver was arrested for DWLS in the first or second degree, as defined in RCW 46.20.342(1)(a) or (1)(b), as amended, and the records of the DOL show that the driver has no prior convictions for a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle may be impounded for up to 30 days.
E. If the vehicle was impounded because the driver was arrested for DWLS in the first or second degree, as defined in RCW 46.20.342(1)(a) or (1)(b), and the records of the DOL show that the driver has one prior conviction for a violation of RCW 46.20.342(1)(a) or (1)(b) or similar local ordinance within the past five years, the vehicle may be impounded for 60 days.
F. If the vehicle was impounded because the driver was arrested for DWLS in the first or second degree, as defined in RCW 46.20.342(1)(a) or (1)(b), and the records of the DOL show that the driver has two or more prior convictions for a violation of RCW 46.20.342(1)(a) or (1)(b) or similar local ordinance within the past five years, the vehicle may be impounded for 90 days.
G. If the vehicle was impounded because the driver was arrested for a violation of RCW 46.20.345, which section has been adopted as part of the Eatonville traffic code under EMC 10.04.010, pursuant to the Washington Model Traffic Ordinance, WAC 308-330-307, or subsequent amendments thereto, the vehicle may be impounded for 30 days.
H. When an arrest is made for a violation of RCW 46.20.342, if the vehicle is a commercial vehicle or farm transport vehicle and the driver of the vehicle is not the owner of the vehicle, before the summary impoundment directed under subsection A of this section, the police officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection, RCW 46.55.120(1)(a)(ii), as amended, or this chapter.
I. A rental car business or a motor vehicle dealer or lender with a perfected security interest may immediately redeem a vehicle it owns that has been impounded pursuant to this section by payment of the costs of removal, towing and storage. Upon such payment the vehicle will not be held for the period of impoundment stated in this section. (Ord. 2012-05 § 1, 2012; Ord. 99-02 § 1, 1999).
10.21.015 Owner of impounded vehicle to be notified.
A. Not more than 24 hours after impoundment of any vehicle, the tow contractor shall mail a notice by first class mail to the last known legal and registered owners of the vehicles, as may be disclosed by the vehicle identification number, and as provided by the Department of Licensing. The notice shall include the name of the impounding tow firm, its address, and telephone number. The notice shall include the location and time of the impound, and by whose authority the vehicle was impounded. The notice shall include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impound or the amount of towing and storage charges. The notice shall state the length of the impound.
B. The notice required in subsection A of this section shall state that a person who desires to redeem a vehicle impounded must, within five days of the impound at the request of the tow truck operator, pay a security deposit to the tow truck operator of not more than half of the applicable impound storage rate for each day of the proposed suspended license impound to ensure payment of the costs of the removal, towing, and storage of the vehicle pursuant to RCW 46.55.120(1)(b).
C. The notification required in subsection A of this section shall state that if the security deposit is not posted within five days of the impound the vehicle will immediately be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130(1). The notice shall state the requirements set out in EMC 10.21.020 regarding the payment of the costs of removal, towing, and storage as well as providing proof of satisfaction of any penalties, fines, or forfeitures before redemption. The notice must also state that the registered owner is ineligible to purchase the vehicle at the abandoned vehicle auction, if held.
D. If the date on which a notice required by subsection A of this section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
E. Similar notice shall be given to each person who seeks to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed.
F. The Eatonville police department shall give written notification to the last registered and legal owner that the investigatory hold has been removed, except that if a vehicle is redeemed following notice by telephone and prior to the mailing of notice, then notice need not be mailed. In addition, the police department shall notify the towing contractor, by telephone, fax or in writing, of the authorization to release such vehicle.
G. As provided for in RCW 46.55.120(4), as now stated or hereinafter amended, notwithstanding the statements contained in the notice described above, the legal owner of a vehicle or personal property subject to impound under this section may redeem such property before the start of an auction by payment of the applicable towing, administrative and storage fees, as well as all applicable or necessary fines and interest. (Ord. 2012-05 § 2, 2012).
10.21.020 Redemption of impounded vehicles.
Vehicles impounded by the town shall be redeemed only under the following circumstances:
A. Only the legal owner, registered owner, a person authorized in writing by the registered owner, or one who has purchased the vehicle from the registered owner, who produces proof of ownership or written authorization and signs receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this chapter must, prior to redemption, establish that he or she has a valid driver’s license and is in compliance with RCW 46.30.020. A vehicle impounded pursuant to this chapter can be released only pursuant to a written order from the police department or a court of competent jurisdiction.
B. Any person so redeeming a vehicle impounded by the town shall pay the towing contractor for costs of impoundment (towing and storage) and shall pay the town the administrative fee established by this chapter prior to redeeming such vehicle. Such towing contractor shall accept payment as provided in RCW 46.55.120(1)(b), as now or hereafter amended. If the vehicle was impounded pursuant to this chapter and was being operated by the registered owner when it was impounded, it may not be released to any person until all penalties, fines, or forfeitures owed by the registered owner have been satisfied.
C. In accordance with RCW 46.55.120(2)(a), the registered towing operator shall give to each person who seeks to redeem an impounded vehicle 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, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered towing operator shall maintain a record evidenced by the redeeming person’s signature that such notification was provided. The towing operator shall accept payment as provided in RCW 46.55.120(1)(b), as now and hereafter amended.
D. The chief of police is authorized to release a vehicle impounded pursuant to this chapter prior to the expiration of any period of impoundment upon petition of the spouse or registered domestic partner of the driver, based on economic or personal hardship to such spouse or registered domestic partner resulting from the 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. A vehicle may be released prior to the expiration of the impound period if the owner of the vehicle was not the driver, the owner did not know the driver’s license was suspended or revoked, and the owner has not received a prior release under this section or under EMC 10.21.010. Other than for the reasons expressed above, in order to avoid discriminatory application, early release of an impounded vehicle shall be denied in all other circumstances without discretion.
E. Any person seeking to redeem a vehicle impounded as a result of a traffic arrest, pursuant to this chapter, has a right to a hearing, before the police chief or designee, as the administrative hearings officer, to contest the validity of an impoundment or the amount of towing and storage charges, if such request for hearing is in writing, in a form approved by the chief of police and signed by such person, and is received by the chief of police within 10 days (including Saturdays, Sundays, and holidays) of the latter of the date the notice was mailed to such person pursuant to EMC 10.21.015, or the date the notice was given to such person by the registered tow truck operator, pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:
1. If all the requirements to redeem the vehicle, including expiration of any period of impoundment under EMC 10.21.010, have been satisfied, then the impounded vehicle shall be released immediately, and a hearing as provided for in EMC 10.21.030 shall be held within 90 days of the written request for hearing.
2. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under EMC 10.21.010, have not been satisfied, then the impounded vehicle shall not be released until after the hearing which, pursuant to EMC 10.21.030, shall be held within 10 business days (excluding Saturdays, Sundays and holidays) of the written request for hearing.
3. Any person seeking a hearing who has failed to request such hearing within the time specified in EMC 10.21.030 may petition the chief of police for an extension to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes 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.
4. If a person fails to file a timely request for hearing, and an extension to file such a request has not been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and the town shall not be liable for towing and storage charges arising from the impoundment.
5. In accordance with RCW 46.55.240(1)(d), a decision made by the police chief or designee, as administrative hearings officer, may be appealed to the Pierce County district court for final judgment. 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 the district court within 15 days after the decision of the administrative hearings officer and pay the requisite filing fee. 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 within the time specified by this section, the right to an appeal is waived and the administrative hearings officer’s decision is final. (Ord. 2012-05 § 3, 2012; Ord. 99-02 § 2, 1999).
10.21.030 Post-impoundment hearing procedure.
Hearings requested pursuant to EMC 10.21.020 shall be held by the police chief or designee, as administrative hearings 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, police officers may testify as to whom they believe to be the legal or registered owner of the vehicle and the basis or source of the information upon which they base this belief.
B. If the impoundment is found to be proper, the police chief or designee, as administrative hearings officer, shall enter an order so stating. In the event that the costs of impoundment (towing, storage, and special fees, including administrative fee under EMC 10.21.040) have not been paid, or any other applicable requirements of EMC 10.21.020 have not been satisfied, or any period of impoundment under EMC 10.21.010 has not expired, the administrative hearings officer’s order shall also provide that the impounded vehicle shall be released only after payment to the town of any fines imposed on any underlying traffic infraction, satisfaction of any other applicable requirements of EMC 10.21.020 and 10.21.040, after payment of the costs of impoundment to the towing company, and after the expiration of any period of impoundment under EMC 10.21.010. In the event that the police chief or designee, as administrative hearings officer, grants time payments, the town shall be responsible for paying the costs of impoundment to the towing company. The police chief or designee, as administrative hearings officer, shall grant time payments only 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 police chief or designee, as administrative hearings 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 police chief or designee, as administrative hearings officer, shall enter judgment against the town and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment and any administrative fee.
D. In the event that the police chief or designee, as administrative hearings officer, finds that the impound was proper, but that the towing, storage, administrative and/or special fees charged for the impoundment were improper, the administrative hearings officer shall determine the correct fees to be charged. If the costs of impoundment have been paid, the administrative hearings officer shall notify the town to reimburse the person who has paid the costs of impoundment for the amount of overpayment and any filing fee.
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 hearings officer’s decision to the Pierce County district court shall be subject to and conducted according to the procedures of this section. (Ord. 2012-05 § 4, 2012; Ord. 99-02 § 3, 1999).
10.21.040 Administrative fee.
If a vehicle is impounded pursuant to the provisions of this chapter, an administrative fee of $50.00 shall be paid prior to the redemption of the vehicle as provided by this chapter. The fee shall be remitted to the Eatonville town clerk. The fee shall be for the purpose of offsetting, to the extent practicable, the cost to the town of implementing, enforcing, and administering the provisions of this chapter and shall be deposited in an appropriate account. (Ord. 2012-05 § 5, 2012; Ord. 99-02 § 4, 1999).
10.21.050 Impoundment when driver arrested for driving or physical control under the influence.
RCW 46.55.350, 46.55.360, and 46.55.370, also known as “Hailey’s Law,” are hereby adopted by reference and shall control whenever a driver of a vehicle is arrested for a violation of RCW 46.51.502 or 46.51.504, which sections have been adopted as part of the Eatonville traffic code under EMC 10.04.010, pursuant to the Washington Model Traffic Ordinance, Chapter 308-330 WAC, or subsequent amendments thereto, notwithstanding any provision of this chapter to the contrary. (Ord. 2012-05 § 6, 2012).