Chapter 8.15
IMPOUNDMENT FOR NO LICENSE
Sections:
8.15.030 Period of impoundment.
8.15.040 Notice of impoundment.
8.15.050 Redemption of impounded vehicles.
8.15.070 Post-impoundment hearing procedure.
8.15.090 Registered tow truck operators – Contracts, requirements.
8.15.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
“Authorization” means a notarized statement from a person with legal authority giving another person legal authority to act on his or her behalf.
“Costs of impoundment” means the costs of removal, towing and storage incurred by a registered tow truck operator in impounding a vehicle as provided for herein.
“Court” means the Federal Way municipal court.
“Department” means the Federal Way police department.
“Director” means the director of the Federal Way police department.
“DWLS 1” means RCW 46.20.342(1)(a).
“DWLS 2” means RCW 46.20.342(1)(b).
“DWLS 3” means RCW 46.20.342(1)(c).
“Local ordinance” means any ordinance or statute enacted by any town, city, municipality or county regardless of what state the ordinance or statute is enacted in.
“NVOL/No valid operator’s license” means RCW 46.20.005.
“Penalties, fines, and forfeitures” mean monetary obligations in addition to costs of removal, towing and storage of the vehicle (RCW 46.55.110).
“Registered tow truck operator” means the towing company awarded the contract for performance of impounds pursuant to FWRC 8.15.090(1), if the mayor exercises his or her option to seek bidders for an exclusive towing contract, or any towing company which the director requests pursuant to FWRC 8.15.090(2) to tow and impound vehicles.
(Ord. No. 11-684, § 8, 1-18-11; Ord. No. 09-593, § 13, 1-6-09; Ord. No. 07-572, § 8, 12-4-07; Ord. No. 01-393, § 1, 6-19-01. Code 2001 § 15-220.)
8.15.020 Impoundment.
Whenever the driver of a vehicle is arrested for violation of DWLS 1, DWLS 2, or DWLS 3, NVOL, or for violation of RCW 46.20.345, the vehicle is subject to impoundment at the discretion of an officer of the police department, by an authorized agent of the department, or by a registered tow truck operator acting at the request of an officer or authorized agent of the department. For purposes of this subsection, “arrested” includes, but is not limited to, being temporarily detained and served with a citation and notice to appear pursuant to RCW 46.64.015, as now or hereafter amended.
(Ord. No. 07-572, § 9, 12-4-07; Ord. No. 01-393, § 1, 6-19-01. Code 2001 § 15-221.)
8.15.030 Period of impoundment.
(1) If a vehicle is impounded because the driver is arrested for a violation of DWLS 3, NVOL, or RCW 46.20.345 and the Washington Department of Licensing’s records show that the driver has been convicted of a violation of DWLS 1, DWLS 2, DWLS 3, NVOL, RCW 46.20.342 or similar local ordinance one time or less within the last five years, there shall be no mandatory period of impoundment and the vehicle may be redeemed subject to the provisions of FWRC 8.15.050.
(2) If a vehicle is impounded because the driver is arrested for a violation of DWLS 3, NVOL, or RCW 46.20.345 and the Washington Department of Licensing’s records show that the driver has been convicted two or more times of a violation of DWLS 1, DWLS 2, DWLS 3, NVOL, RCW 46.20.345 or similar local ordinance within the last five years, the vehicle shall be impounded for 30 days subject to the provisions of FWRC 8.15.050.
(3) If a vehicle is impounded because the driver is arrested for a violation of DWLS 1 or DWLS 2 and the Washington Department of Licensing’s records show that the driver has not been convicted of a violation of DWLS 1 or DWLS 2 or similar local ordinance within the last five years, the vehicle shall be impounded for 30 days, subject to the provisions of FWRC 8.15.050.
(4) If a vehicle is impounded because the driver is arrested for a violation of DWLS 1 or DWLS 2 and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of DWLS 1 or DWLS 2 or similar local ordinance within the last five years, the vehicle shall be impounded for 60 days, subject to the provisions of FWRC 8.15.050.
(5) If a vehicle is impounded because the driver is arrested for a violation of DWLS 1 or DWLS 2 and the Washington Department of Licensing’s records show that the driver has been convicted two or more times of a violation of DWLS 1 or DWLS 2 or similar local ordinance within the last five years, the vehicle shall be impounded for 90 days, subject to the provisions of FWRC 8.15.050.
(6) Notwithstanding the provisions of subsections (1) through (5) of this section, a rental car business may immediately redeem a rented vehicle it owns by payment of the administrative fee and costs of impoundment, whereupon the vehicle will not be held for the mandatory period of impoundment. The officer or authorized agent of the department who directs the impound shall notify the rental car business as soon as practicable of the impound.
(Ord. No. 01-393, § 1, 6-19-01. Code 2001 § 15-222.)
8.15.040 Notice of impoundment.
(1) The person impounding the vehicle shall provide the driver of the impounded vehicle with a notice including the following:
(a) The name of the impounding registered tow truck operator, its address, and telephone number;
(b) The location and time of the impound, and by whose authority (including the name of the officer or authorized agent of the department) the vehicle was impounded;
(c) Notice that there may be a mandatory period of impoundment under FWRC 8.15.030 as determined by the municipal court; and
(d) A form, approved by the city, which describes the right to and process for vehicle redemption requirements as set forth in FWRC 8.15.050, and which describes the process of FWRC 8.15.060 for contesting an impound or the costs of impoundment.
(2) Not more than 24 hours after impoundment of any vehicle, the registered tow truck operator shall mail a copy of the notice described in subsection (1) of this section by first class mail to the last known address of the legal and registered owner(s) of the vehicle, as may be disclosed by the vehicle identification number and/or as provided by the Washington State Department of Licensing. If the vehicle is redeemed prior to the mailing of this notice, the notice need not be mailed. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court.
If the registered tow truck operator wishes to request that the person seeking redemption of the vehicle pay a security deposit, the notice shall also state that the person who desires to redeem an impounded vehicle at the end of the mandatory period must within five days of the impound pay a security deposit to the registered tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed period of impoundment, as set forth in FWRC 8.15.030, to ensure payment of the costs of impoundment. The notice shall state that if the security deposit is not posted within five days of the impound, the vehicle will be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130.
(3) The registered tow truck operator or the police department, as applicable, shall provide notice as described in subsection (1) of this section by first class mail to each person who contacts the department or the registered tow truck operator seeking to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming person’s signature that notice was provided directly to the person redeeming the vehicle. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court.
(4) If the date on which a notice required by subsection (2) 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.
(Ord. No. 07-572, § 10, 12-4-07; Ord. No. 03-456, § 1, 12-2-03; Ord. No. 01-393, § 1, 6-19-01. Code 2001 § 15-223.)
8.15.050 Redemption of impounded vehicles.
Vehicles impounded by the city in accordance with this title, as now or hereafter amended, shall be redeemed only under the following circumstances:
(1) Only the registered owner, a person with authorization from the registered owner, or one who has purchased the vehicle from the registered owner and who produces proof of ownership or authorization from the registered owner and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this title must, prior to redemption, establish that he or she has a valid driver’s license and is in compliance with RCW 46.30.020 and pay a $100.00 administrative fee to the municipal court, and obtain a receipt for release from the municipal court. If the vehicle was impounded pursuant to FWRC 8.15.020 and was being operated by the registered owner when it was impounded, the municipal court shall not issue a receipt for release until all penalties, fines, or forfeitures owed by the registered owner have been satisfied, or a time payment agreement (in a form approved by the municipal court) has been entered into providing for the satisfaction of all said penalties, fines or forfeitures. A vehicle impounded pursuant to this title for DWLS 1 or 2 can only be released pursuant to a written order from the court. A vehicle impounded pursuant to this title for DWLS 3 or NVOL may be released pursuant to the municipal court receipt.
(2) Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for the costs of impoundment 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.
(3) The municipal court is authorized to release a vehicle impounded pursuant to FWRC 8.15.020 prior to the expiration of any period of impoundment upon petition of the spouse of the driver, or the registered owner, provided the owner was not the driver, based on economic or personal hardship to such spouse, or registered owner resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from release of the vehicle, including, but not limited to, the driver’s criminal history, driving record, license status and access to the vehicle. The court is also authorized to release the vehicle upon petition of the driver where the driver has obtained a valid driver’s license and the driver was the registered owner or has the permission of the registered owner to redeem the vehicle. An individual may have only one such hardship petition granted. If such release is authorized, the person redeeming the vehicle must still satisfy the requirements of subsections (1) and (2) of this section.
(Ord. No. 03-456, § 2, 12-2-03; Ord. No. 01-393, § 1, 6-19-01. Code 2001 § 15-224.)
8.15.060 Hearing requests.
Any person seeking to redeem a vehicle impounded as a result of a parking citation, traffic citation, or pursuant to FWRC 8.15.020 has a right to a hearing before a municipal court commissioner to contest the validity of an impoundment or the amount of removal, towing, and storage charges and any administrative fee if such request is made in writing, in a form approved by the mayor and signed by such person, and received by the municipal court within 10 days (including Saturdays, Sundays, and holidays) of the date the notice was given to such person by the person impounding the vehicle or if the person seeking to contest the impound validity was not the driver, within 10 days (including Saturdays, Sundays and holidays) of the date the notice was mailed by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:
(1) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under FWRC 8.15.020, have been satisfied, then the impounded vehicle shall be released immediately, and a hearing as provided for in FWRC 8.15.040 shall be held within 90 days of the written request for hearing. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the 90-day period.
(2) If not all the requirements to redeem the vehicle, including expiration of any period of impoundment under FWRC 8.15.020, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to FWRC 8.15.040, which shall be held within two business days (excluding Saturdays, Sundays and holidays) of the written request to the municipal court for the hearing unless good cause as to the reason(s) for any delay is shown. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the two-day period.
(3) Any person seeking a hearing who has failed to request such hearing within the time specified in FWRC 8.15.040 may petition the municipal court commissioner for an extension of time to file such 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. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this title.
(4) 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 and administrative fees are deemed to be proper, and the city shall not be liable for removal, towing, and storage charges arising from the impoundment.
(5) In accordance with RCW 46.55.240(1)(d), a decision made by a municipal court commissioner may be appealed to the municipal court judge 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 within 15 days after the date of the decision of the municipal court commissioner 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 appeal is waived and the municipal court commissioner’s decision is final.
(Ord. No. 11-684, § 9, 1-18-11; Ord. No. 01-393, § 1, 6-19-01. Code 2001 § 15-225.)
8.15.070 Post-impoundment hearing procedure.
Hearings requested pursuant to FWRC 8.15.060 shall be held by a municipal court commissioner, who shall determine whether the impoundment was proper and whether the associated removal, towing, storage, and administrative fees were proper.
(1) 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, Department of Licensing vehicle registration records of the impounded vehicle are admissible without further evidentiary foundation and are prima facie evidence of the identity of the registered owner of the vehicle.
(2) If the impoundment is found to be proper, the municipal court commissioner shall enter an order so stating. In the event that the costs of impoundment (removal, towing and storage) and administrative fee have not been paid or any other applicable requirements of FWRC 8.15.050(1) or (2) have not been satisfied or any period of impoundment under FWRC 8.15.030 has not expired, the municipal court commissioner’s 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 or parking infraction and satisfaction of any other applicable requirements of FWRC 8.15.050(1) or (2) and after expiration of any period of impoundment under FWRC 8.15.030. The municipal court commissioner shall grant time payments only in cases of extreme financial need, and where there is an effective guarantee of payment. In any event, time payments shall not be granted if the person seeking time payments had failed to fully comply with the requirement to make any time payments previously granted under this section. In the event time payments are granted, the city shall advance the costs of impoundment to the towing company.
(3) If the impound is found to be improper, the municipal court commissioner shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the municipal court commissioner shall enter judgment against the city in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment.
(4) In the event that the municipal court commissioner finds that the impound was proper, but that the removal, towing, storage, or administrative fees charged for the impound were improper, the municipal court commissioner shall determine the correct fees to be charged. If the costs of impoundment have been paid, the municipal court commissioner shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment for the amount of any overpayment.
(5) 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.
(6) An appeal of the municipal court commissioner’s decision in municipal court shall be conducted according to, and is subject to, the procedures of this section. If the municipal court finds that the impoundment or the removal, towing, storage, or administrative fees are improper, any judgment entered against the city shall include the amount of the filing fee.
(7) As to any impoundment arising from an alleged violation under this chapter, if it is determined to be improper, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the Washington Department of Licensing in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license.
(Ord. No. 01-393, § 1, 6-19-01. Code 2001 § 15-226.)
8.15.080 Administrative fee.
An administrative fee of $100.00 shall be levied upon each vehicle redeemed under FWRC 8.15.050. The fee shall be remitted to the municipal court. The fee shall be for the purpose of offsetting, to the extent practicable, the cost to the city of implementing, enforcing, and administering the provisions of this title and shall be deposited in an appropriate account.
(Ord. No. 01-393, § 1, 6-19-01. Code 2001 § 15-227.)
8.15.090 Registered tow truck operators – Contracts, requirements.
(1) The mayor is authorized to seek a towing company or companies for one or more contracts to be a city registered tow truck operator to perform towing and impounds pursuant to this title. Award of any such contract or contracts shall be consistent with the city’s adopted purchasing policies and applicable state and local laws and policies, and be approved by the mayor or the city council, as applicable. Registered tow truck operators shall hold a valid city of Federal Way business license and be registered with the state of Washington pursuant to Chapter 46.55 RCW.
(2) If the mayor determines not to enter into a contract for registered tow truck operator services, the mayor may authorize the director to have any tow truck operator registered with the state of Washington perform towing and impounds pursuant to this title.
(3) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant to this title in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior to closing any sale of an auctioned, impounded vehicle or transferring title thereto, the registered tow truck operator shall release the vehicle to an individual possessing a valid Washington driver’s license or a valid driver’s license from another state.
(4) Records.
(a) With respect to any sale at auction of a vehicle impounded under this title, all registered tow truck operators shall record the date of sale, the vehicle identification number of each vehicle, the name, address and telephone number of the registered owner of the impounded vehicle being auctioned, as well as the name, address, driver’s license number and date of driver’s license expiration of each buyer. Said record shall be submitted to the director on or before December 31st of each calendar year.
(b) A registered tow truck operator shall maintain copies of all records of all sales required pursuant to this title, for at least six years, and such records shall be open at all reasonable times to the inspection of the designated official, or his or her duly authorized designees for inspection.
(Ord. No. 10-669, § 64, 9-21-10; Ord. No. 09-593, § 14, 1-6-09; Ord. No. 03-456, § 3, 12-2-03; Ord. No. 01-393, § 1, 6-19-01. Code 2001 § 15-228.)