Chapter 10.18
ABANDONED, UNAUTHORIZED AND JUNK MOTOR VEHICLES ON PRIVATE PROPERTY
Sections:
10.18.010 Statutes adopted by reference.
10.18.015 Impoundment of vehicle.
10.18.025 Impoundment of vehicles where driver is arrested in violation of RCW 46.20.342.
10.18.010 Statutes adopted by reference.
The following statutes of the state of Washington, including all future amendments thereto, are adopted by reference:
RCW 46.55.010 Definitions.
RCW 46.55.070 Posting requirements—Exception.
RCW 46.55.080 Law enforcement impound, private impound.
RCW 46.55.085 Law enforcement impound—Abandoned vehicle.
RCW 46.55.090 Storage, return requirements—Personal belongings—Combination endorsement for tow truck drivers—Authority to view impounded vehicle.
RCW 46.55.100 Impound notice—Abandoned vehicle.
RCW 46.55.110 Notice to legal and registered owners.
RCW 46.55.113 Removal by police officer, when.
RCW 46.55.120 Redemption of vehicles—Sale of unredeemed vehicles.
RCW 46.55.130 Notice requirements—Public auction—Accumulation of storage charges.
RCW 46.55.140 Operator’s lien, deficiency claim, liability.
RCW 46.55.230 Junk vehicles—Certification, notification, removal, sale.
RCW 46.55.360 Impoundment, when required—Law enforcement powers, duties, and liability immunity—Redemption, when, by whom—Operator liability immunity—Definition.
RCW 46.55.370 Law enforcement liability immunity—Reasonable suspicion.
(Ord. 2023-10 § 4, 2023; Ord. 2012-08 § 1, 2012: Ord. 89-28 § 2, 1989: Ord. 86-35 § 1 (part), 1986)
10.18.015 Impoundment of vehicle.
Whenever an officer impounds a vehicle pursuant to the provisions of this chapter, the officer shall complete an authorization form approved by the chief of police which specifies the section of this chapter or Chapter 46.55 RCW authorizing the impound. The impound authorization form may consist of a law enforcement notice of infraction or citation for an offense for which an impound is authorized. (Ord. 89-29 § 1, 1989)
10.18.020 Hearings.
All hearings required by this chapter, including the hearing required by RCW 46.55.120, shall go before and be heard by the municipal court of the city of Poulsbo. (Ord. 2012-01 § 1, 2012: Ord. 86-35 § 1 (part), 1986)
10.18.025 Impoundment of vehicles where driver is arrested in violation of RCW 46.20.342.
A. Period of Impoundment. Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.342 as enacted or hereinafter amended, the vehicle is subject to impoundment at the direction of a police officer. Notwithstanding the provisions of RCW 46.55.120, the following shall be the applicable periods of impoundment:
1. Whenever the driver is arrested or cited for a violation of RCW 46.20.342(1)(c) and the driver has not been convicted of a violation of RCW 46.20.342 or similar local ordinance within the past five years, then the vehicle may be released as soon as all the requirements of this section are satisfied.
2. If the vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle shall be impounded for fifteen days.
3. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing’s records show that the driver has been convicted two or more times of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle shall be impounded for thirty days.
4. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has not been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance within the past five years, the vehicle shall be impounded for thirty days.
5. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance once within the past five years, the vehicle shall be impounded for sixty days.
6. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance two or more times within the past five years, the vehicle shall be impounded for ninety days.
B. Release. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the Poulsbo municipal court. All persons or entities attempting to redeem an impounded vehicle because the operator is arrested for a violation of RCW 46.20.342 shall be required to pay a one hundred dollar administrative fee to the Poulsbo municipal court. All other provisions regarding redemption of vehicles in RCW 46.55.120, as enacted or hereinafter amended, shall apply. (Ord. 2012-08 § 2, 2012)
10.18.030 Abatement and removal of unauthorized junk motor vehicles or parts thereof from private property.
A. The storage or retention of an unauthorized junk motor vehicle, as defined in RCW 46.55.010(5), on private property is prohibited and declared to constitute a public nuisance subject to removal and impoundment.
B. The enforcement officer (as defined in Section 9.50.010) shall be authorized to inspect and investigate complaints relative to unauthorized junk motor vehicles or parts thereof on private property. Upon discovery of such nuisance, the enforcement officer shall be authorized to issue a notice of violation (NOV) in writing to the last registered owner of record and the property owner of record. In addition to descriptions of violations and required corrections, and assessed penalties, if any, the NOV shall include notice that a hearing may be requested before the municipal court of the city of Poulsbo and that if no hearing is requested within ten days, the vehicle will be removed and assessed penalties, if any, will be final.
C. If a request for a hearing is received, a notice giving a time, location and date of the hearing on the questions of abatement and removal of the vehicle or part thereof as a public nuisance, and of any assessed penalty, shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll contained in the county assessor’s office and to the last registered and legal owner of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership.
D. The owner of the land on which the vehicle is located may appear in person at the hearing, or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced in its presence, then the municipal court of the city of Poulsbo shall not assess penalties, costs of administration or removal of the vehicles against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner.
E. Penalties and costs of removal of vehicles or parts thereof under this section shall be assessed against the last registered owner of the vehicle or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk has complied with RCW 46.12.101, or the penalties and costs may be assessed against the owner of the property on which the vehicle is stored, unless the property owner establishes the facts set forth in subsection C of this section.
F. This section shall not apply to:
1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.
G. After notice has been given of the city’s intent to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of an enforcement officer and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. (Ord. 2012-01 § 2, 2012: Ord. 86-35 § 1 (part), 1986)
10.18.040 Violation—Penalty.
A. Any violation of Section 10.18.030(A) constitutes a civil violation for which a monetary penalty of two hundred fifty dollars may be assessed and abatement may be required as provided therein. Each day that a violation exists constitutes a separate offense.
B. In addition to or as an alternative to a civil penalty, any person who violates Section 10.18.030(A) shall be guilty of a misdemeanor pursuant to Section 9.01.050. (Ord. 2012-01 § 3, 2012)