Chapter 10.04
MOTOR VEHICLE CODE

Sections:

10.04.010    Adopted.

10.04.055    Advertising the sale or rent of vehicles or other property on city property prohibited.

10.04.060    Parking of vehicles or other property on city-owned parking lots for more than a twenty-four (24) hour period is prohibited.

10.04.080    Impoundment of vehicles.

10.04.085    Notice to legal and registered owners.

10.04.090    Redemption of impounded vehicles.

10.04.095    Post-impoundment hearing procedure.

10.04.105    School zone established.

10.04.110    Establishment of playground speed zone.

10.04.115    Signage.

10.04.010 Adopted.

The Washington Model Traffic Ordinance (“MTO”), Chapter 308-330 WAC, is adopted by reference as the traffic ordinances of the city. (Ord. 98-558 § 1, 1998)

10.04.055 Advertising the sale or rent of vehicles or other property on city property prohibited.

A.    It shall be unlawful to park or place any automobile, truck, recreational vehicle, trailer, boat, motorcycle, or any other type of vehicle or personal property, hereinafter “property,” advertising said property for sale or rent on real property owned, leased, managed, or maintained by the city, including parking lots, hereinafter “city property.” A violation of this section shall be a civil infraction, with a monetary penalty not to exceed two hundred fifty dollars ($250.00) per offense. For the purposes of this section, each day (twenty-four (24) hours) that a violation exists shall constitute a separate offense.

B.    In the event the registered owner of the property has not removed said property from any city property within twenty-four (24) hours after having received a notice of civil infraction, the city may impound the unlawful property pursuant to this chapter, and any charges or fees associated with such impoundment shall be in addition to any monetary penalties assessed with a civil infraction. For the purposes of this section, “notice” shall mean personal delivery to the registered owner, or placement on the property and mailing to the registered owner’s address as listed with the Department of Motor Vehicles via U.S. Mail. In the event that such property is not titled, mailing shall be made to the owner or reputed owner at their last known address, or at such address as listed on the Okanogan County tax rolls. (Ord. 05-640 § 1, 2005)

10.04.060 Parking of vehicles or other property on city owned parking lots for more than a twenty-four (24) hour period is prohibited.

A.    It shall be unlawful to park any automobile, truck, recreational vehicle, trailer, boat, motorcycle, or any other type of vehicle or personal property, hereinafter “property,” on city-owned parking lots for periods of twenty-four (24) hours or more. A violation of this section shall be a civil infraction, with a monetary penalty not to exceed two hundred fifty dollars ($250.00) per offense. For the purposes of this section, each day (twenty-four (24) hours) that a violation exists shall constitute a separate offense.

B.    In the event the registered owner of the property has not removed said property from any city property within twenty-four (24) hours after having received a notice of civil infraction, the city may impound the unlawful property pursuant to this chapter, and any charges or fees associated with such impoundment shall be in addition to any monetary penalties assessed with a civil infraction.

    For the purposes of this section, “notice” shall mean personal delivery to the registered owner, or placement on the property and mailing to the registered owner’s address as listed with the Department of Motor Vehicles via U.S. Mail. In the event that such property is not titled, mailing shall be made to the owner or reputed owner at their last known address, or at such address as listed on the Okanogan County tax rolls.

(Ord. 667 § 1, 2008)

10.04.080 Impoundment of vehicles.

The chief of police or any police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under the following circumstances:

A.    Whenever the chief of police or any police officer finds a vehicle standing on a street or roadway within the city limits of Pateros, and such vehicle is stopped, parked or left standing, attended or unattended, the chief of police or police officer may provide for the removal of the vehicle or require the driver or the person in charge of the vehicle to move the vehicle to a position off of the street or roadway; provided, however, this subsection shall not apply if any of the conditions exist in RCW 46.61.560(2), (3), or (4);

B.    Whenever the chief of police or any police officer finds a vehicle stalled, disabled, or unattended upon a street or roadway where the vehicle constitutes an obstruction to traffic or jeopardizes the public safety;

C.    Whenever the chief of police or any police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;

D.    Whenever the chief of police or any police officer finds a vehicle stopped, parked or standing in violation of any city ordinance or such vehicle constitutes a menace, danger, obstruction to traffic or to the safety of the general public;

E.    Whenever the driver of a vehicle is arrested and taken into custody by the chief of police or any police officer;

F.    Whenever the chief of police or any police officer discovers a vehicle that the chief of police or police officer determines to be a stolen vehicle;

G.    Whenever a vehicle without a special license plate, card, or decal indicating the vehicle is being used to transport a disabled person under RCW 46.16.381, as presently enacted or hereafter amended, is parked in a stall or space clearly and conspicuously marked under RCW 46.20.005, as presented enacted or amended, which space is provided on private property without charge or on public property;

H.    Upon determining that a person is operating a motor vehicle without a valid driver’s license in violation of RCW 46.20.005, as presently enacted or hereafter amended, or with a driver’s license that has been expired for ninety (90) days or more; or

I.    Whenever the chief of police or a police officer arrests a driver of a vehicle for a violation of RCW 46.62.502, 46.61.504, 46.20.342 or 46.20.420, as presently enacted or hereafter amended, the vehicle may be impounded as follows:

1.    If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c), as presently enacted or hereafter amended, and the Washington State Department of Licensing records show that the driver has been convicted one time of a violation of RCW 46.20.342, as presently enacted or hereafter amended, within the past five years, the vehicle may be held for up to fifteen (15) days, at the written directions of the police department;

2.    If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c), as presently enacted or hereafter amended, and the Washington State Department of Licensing records show that the driver has been convicted two or more times of a violation of RCW 46.20.342, as presently enacted or hereafter amended, in the past five years, the vehicle may be held for up to thirty (30) days, at the written direction of the police department;

3.    If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, and the Washington State Department of Licensing records show that the driver has not been convicted of a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, within the past five years, the vehicle may be held for up to thirty (30) days, at the written direction of the police department;

4.    If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, and the Washington State Department of Licensing records show the driver has been convicted one time of a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, within the past five years, the vehicle may be held for up to sixty (60) days, at the written direction of the police department;

5.    If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, and the Washington State Department of Licensing records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, two or more times within the past five years, the vehicle may be held for up to ninety (90) days, at the written direction of the police department;

J.    Nothing within this section may derogate from the powers of police officers under the common law;

K.    For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.

(Ord. 00-591§ 1 (part), 2000)

10.04.085 Notice to legal and registered owners.

A.    When a vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the vehicle. The notification shall be sent by first class mail within twenty-four (24) hours after the impoundment to the last known registered and legal owners of the vehicle reflected as indicated by the Washington State Department of Licensing records, and shall inform the owners that the police department authorized the impound. The notification shall include:

1.    The name of the impounding tow firm, its address, and telephone number;

2.    The location, time of the impound, and by whose authority the vehicle was impounded; and

3.    A notice of the owner’s right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to Section 10.04.095 of this chapter, as presently enacted or hereafter amended. The notice shall be accompanied by a form to be used for requesting a hearing, the name of the person authorizing impoundment, and a copy of the towing and storage invoice. If redeemed, the registered tow truck operator shall maintain record evidenced by the redeeming person’s signature that such notification was provided.

B.    No notices need to be sent to the legal or registered owners of an impounded vehicle if the vehicle has been redeemed.

(Ord. 00-591§ 1 (part), 2000)

10.04.090 Redemption of impounded vehicles.

Vehicles impounded by the city may be redeemed and released only pursuant to a written direction from the police department or court under the following circumstances:

A.    Only the legal owner, the registered owner, a person authorized in writing by the registered owner, the vehicle’s insurer, or one who has purchased the vehicle from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342, as presently enacted or hereafter amended, shall not be released until a person eligible to redeem it under this subsection satisfies the requirements of subsection B of this section, including paying all towing, removal and storage costs, notwithstanding the fact that the hold was ordered by the city. A person redeeming an impounded vehicle must, prior to redemption, establish that he or she has a valid driver’s license.

    If the Washington State Department of Licensing records show that the operator has been convicted of a violation of RCW 46.20.342, as presently enacted or hereafter amended, within the past five years, the vehicle may be held, at the written direction of the city, for the applicable time period specified in the Section 10.04.080(I) of this chapter, as presently enacted or hereafter amended.

B.    The towing company shall accept payment as provided in RCW 45.55.120(1)(b), as presently enacted or hereafter amended. In addition, if the vehicle was impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.420, as presently enacted or hereafter amended, 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.    The police department may release an impounded vehicle prior to the expiration of any period of impoundment upon petition of the spouse of the operator, based on economic or personal hardship to such spouse resulting from the unavailability of the vehicle and after consideration by the police department of the threat to public safety that may result from release of the vehicle, including, but not limited to, the operator’s criminal history, driving record, license status and access to the vehicle. If such release is authorized, the person redeeming the vehicle still must satisfy all the requirements of this section.

(Ord. 00-591§ 1 (part), 2000)

10.04.095 Post-impoundment hearing procedure.

A.    Any person seeking to redeem a vehicle impounded pursuant to this chapter as presently enacted or hereafter amended, has a right to a hearing in municipal court to contest the validity of the impoundment or the amount of the removal, towing, and storage charges. Such request for a hearing shall be made in writing, on a form provided for the court for that purpose, and such person shall within ten (10) calendar days of the date the opportunity for a hearing was mailed as specified in Section 10.04.085 of this chapter. If the hearing request is not received by the court within the ten (10) calendar day period, the right to a hearing is waived and the registered owner is liable for any towing, removal, storage or other impoundment charges.

B.    Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment. Upon receipt of a timely hearing request, the court, within five days after the request for a hearing, shall notify, in writing, the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle, and the police department of the hearing date and time.

C.    At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, removal or storage costs charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer’s personal appearance at the hearing.

D.    At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing, removal or storage costs charged were in compliance with the posted rates, and who is responsible for payment of the costs. The court may not adjust costs or charges that are in compliance with the posted or contracted rates.

E.    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 impounded vehicle is admissive without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.

F.    If the impoundment is found proper, the impoundment, towing, removal and storage costs as permitted under this chapter, together with court costs, shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from an officer authorized to make the impoundment.

G.    If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle shall bear no impoundment, towing, or storage fees as set forth in Section 10.04.090 of this chapter, and the police department may be liable for any towing, removal, storage, or other impoundment fees permitted under this chapter. The court may enter judgment in favor of the registered and legal owners of the vehicle for the amount of costs paid to the police department, as well as reasonable damages for the loss of the use of the vehicle during the time the same was impounded, for not more than twenty-five dollars ($25.00) each day, against the city. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation of this chapter, then the police officer directing the impoundment and the city will not be liable for any damages if the officer relied in good faith and without gross negligence on the records of the Washington State Department of Licensing in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license. If any judgment entered is not paid within fifteen (15) calendar days of notice, in writing, of its entry, the court shall award reasonable attorney fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:

TO: _______________________

YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the ______________ Court located at __________ in the sum of $ _____ in an action entitled Case No. _______

YOU ARE FURTHER NOTIFIED that attorneys’ fees and costs will be awarded against you under PMC __________ if the judgment is not paid within 15 calendar days of the date of this notice.

DATED this __________ day of ________ (year)

________________________________ Signature

Typed name and address of party mailing notice

H.    Any impounded abandoned vehicle that is not redeemed within fifteen (15) calendar days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle may be redeemed at any time before the start of the auction upon payment of the applicable towing, removal and storage costs.

I.    No determination of facts made at a hearing under this section shall have any collateral estoppels effect on subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution.

(Ord. 00-591§ 1 (part), 2000)

10.04.105 School zone established.

In accordance with RCW 46.61.440(2), as amended, there is hereby established a school speed zone on the following streets as follows:

A.    Ives Street from its intersection with North Street southwesterly to its intersection with Stadium Way;

B.    North Street from its intersection with Ives Street southeasterly to its intersection with Warren Avenue West;

C.    Beach Street from its intersection with North Street southwesterly to its intersection with Stadium Way;

D.    Stadium Way; and

E.    Chris Street.

(Ord. 777 § 2 (part), 2020)

10.04.110 Establishment of playground speed zone.

As authorized by RCW 46.61.440(2), as amended, there is hereby established a playground speed zone on the following street as follows:

A.    Lakeshore Drive West from its intersection with Commercial Street West northeasterly to its intersection with Dawson Street South.

(Ord. 777 § 2 (part), 2020)

10.04.115 Signage.

Appropriate signage designating the school or playground speed zones established in PMC 10.04.105 and 10.04.110 to designate such speed zones and speed limits will be placed along such streets as described. (Ord. 777 § 2 (part), 2020)