Chapter 10.32
IMPOUNDING VEHICLES
Sections:
10.32.030 Notice to impound – Authority of contractor.
10.32.060 Redemption – Procedure.
10.32.070 Payment of charges – City not liable.
10.32.080 Penalty for violation.
10.32.010 Impound defined.
“Impound” means to take possession of a thing under the authority of an ordinance of the city and thereafter to remove or have removed to a place of safety and there maintain it. (1958 Code § 8.42.010)
10.32.020 Authorized – When.
Officers of the police department are authorized to remove and have removed or cause to be removed vehicles from the public highways, streets, alleys, ways or other public location to the nearest garage or other place of safety or to a garage or location designated or maintained by the police department or otherwise maintained by this city under the following circumstances:
A. When any vehicle is left unattended upon any bridge, viaduct or causeway, where such vehicle constitutes an obstruction to traffic;
B. When a vehicle upon a highway (including bridges or approaches) is so disabled as to constitute an obstruction to traffic, or when the person in charge of the vehicle by reason of physical injury or intoxication is so incapacitated as to be unable to provide for its custody or removal;
C. When a vehicle parked illegally is left unattended and constitutes a definite hazard or obstruction to the normal movement of traffic, or a hazard to public safety;
D. When a vehicle parked illegally is left unattended on public property;
E. When an officer of the police department has reason believe that a vehicle is stolen or that a vehicle is needed for evidence in a criminal prosecution;
F. When in the judgment of an officer of the police department an unoccupied and unattended vehicle is in danger of being stripped, stolen or vandalized, or when there is reason to believe a vehicle has been abandoned;
G. When a wrecked and unattended vehicle has been left on public property;
H. When an unattended vehicle is parked and does not display valid current license plates. (1958 Code § 8.42.020).
10.32.030 Notice to impound – Authority of contractor.
If a towing contract has been awarded, or party designated to pick up vehicles as stated herein, the police officer ordering impounding shall immediately notify such contractor or designated party of the location of the impounded vehicle. Such contractor or towing concern shall thereupon be authorized to seize such vehicle and remove it to the designated place of safety. (1958 Code § 8.42.030).
10.32.040 Notice to owner.
A. The police department shall, as soon as practicable after impounding any vehicle, obtain the name and address of the registered owner of the impounded vehicle shown by the records of the authority last licensing the vehicle, and immediately after obtaining such information shall send a written notice to such owner that the vehicle has been impounded. In the event any such vehicle is stored in a privately operated garage, a copy of such notice shall be given to the proprietor of such garage.
B. Whenever the police department does not know and is not able to ascertain or obtain the name of the owner of an impounded vehicle, or for any reason is unable to give the notice to the owner within a period of three days, then the police department shall immediately send or cause to be sent written report of the impounding by mail to the state department or agency that has the duty to register motor vehicles and shall give a copy of such report to the proprietor of the garage in which the vehicle may be stored. Such report shall include a complete description of the vehicle, the date, time of removal, the place from which it was removed, the reason for such removal and the name and address of the garage or place where the vehicle is stored. (1958 Code § 8.42.040).
10.32.050 Abandoned vehicles.
The chief of police shall report to the Chief of the Washington State Patrol the facts with respect to the impounding of any vehicle by the police department on the ground of reasonable belief of an abandonment and shall surrender possession thereof to the sheriff of King County as required by the Washington Motor Vehicle Act. Copies of such report shall be sent to the sheriff and to the operator of the garage in which the vehicle is impounded. Any vehicle not redeemed within 15 days of sending the notice to the owner or report to the state department as required by EMC 10.32.040 shall be deemed abandoned for purposes of this section. (1958 Code § 8.42.050).
10.32.060 Redemption – Procedure.
Before the owner, claimant or his agent is permitted to remove a vehicle from the city garage or place of impounding, he shall furnish satisfactory evidence to the police department and the operator of such location and/or garage in which the vehicle is impounded of his identity and ownership and agency if represented by an agent, and pay all towing, hauling or storage charges incurred for the impounding of the vehicle, as provided in this chapter, and sign a written receipt for the vehicle and if there is yet doubt as to his ownership or authority thereof, he shall file with the city a surety bond executed by a company authorized to do business in the state of Washington, with the amount and sufficiency of surety approved by the chief of police, conditioned to defend and save the city and garage owner, party concerned or yard owner harmless on account of each removal. (1958 Code § 8.42.060).
10.32.070 Payment of charges – City not liable.
All towing and hauling and storage charges on each vehicle impounded pursuant to this chapter shall be paid by the owner thereof or his agent, or other persons redeeming the vehicle. If the vehicle is not redeemed, such charges shall be paid as provided in RCW 46.52.110. In no event shall the city be liable for any such charge, and the owner of each garage approved as a vehicle pound, pursuant to this chapter, by accepting his city contract shall be considered as so stipulating. (1958 Code § 8.42.070).
10.32.080 Penalty for violation.
Every person convicted of a violation of this chapter shall be punished as provided in Chapter 1.08 EMC. (Ord. 1079 § 2, 1973; 1958 Code § 8.42.080).