CHAPTER 5
VEHICLE IMPOUNDMENT AND REDEMPTION
SECTION:
7-5-2: Impounding Without Prior Notice
7-5-5: Notice To Owner Of Impounded Vehicle; Right To Hearing
7-5-6: Redemption Of Impounded Vehicle
7-5-7: Post Impoundment Hearing Procedure
7-5-10: Record Of Impounded Vehicles
7-5-1 DEFINITIONS:
The definitions set forth in this section apply throughout this chapter:
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IMPOUND: |
To take and hold a vehicle in legal custody. There are two (2) types of impounds - public and private. |
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A. Public Impound: The vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located. |
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B. Private Impound: The vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. |
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IMPOUNDMENT: |
Removal of a vehicle to a storage facility either by an officer or authorized agent of the Roy police department, or by an approved towing company for towing and storage in response to a request from an officer or authorized agent of the Roy police department. |
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REGISTERED TOW TRUCK OPERATOR OR OPERATOR: |
Any person who engages in the impounding, transporting or storage of unauthorized vehicles or the disposal of abandoned vehicles. |
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RESIDENTIAL PROPERTY: |
Property that has no more than four (4) living units located on it. |
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TOW TRUCK: |
A motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the state patrol. |
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UNAUTHORIZED VEHICLE: |
A vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time: |
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Subject To Removal After |
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A. Public Locations: |
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1. Constituting an accident or a traffic hazard as defined in RCW 46.55.113 |
Immediately |
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2. On a highway and tagged as described in RCW 46.55.085 |
24 hours |
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3. In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070 |
Immediately |
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B. Private Locations: |
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1. On residential property |
Immediately |
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2. On private, nonresidential property, properly posted under RCW 46.55.070 |
Immediately |
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3. On private, nonresidential property, not posted |
24 hours |
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VEHICLE: |
The definition set forth in Revised Code of Washington chapter 46.04. (Ord. 380, 4-9-1990) |
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7-5-2 IMPOUNDING WITHOUT PRIOR NOTICE:
A. Conditions For Impounding: A vehicle may be impounded without prior notice to its owner as required in section 7-5-3 of this chapter under the following circumstances:
1. When the vehicle is impeding or is likely to impede the normal flow of vehicle or pedestrian traffic.
2. When the vehicle is illegally parked in a truck, bus, loading, taxi or other similar zone where parking is limited or restricted to designated classes of vehicles or is prohibited during certain hours, on designated days, or at all times, and where such vehicle is interfering with the proper and intended use of such zone.
3. When the vehicle poses an immediate danger to the public safety.
4. When a police officer has probable cause to believe that the vehicle is stolen.
5. When a police officer has probable cause to believe that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or preserve such evidence.
6. When the driver of the vehicle is arrested and placed in custody and is not in condition to drive the vehicle to a place of safety and there is no other person present who may properly act as agent for such driver to drive the vehicle to a place of safety.
7. Whenever a vehicle without a special license plate, card or decal indicating that the vehicle is being used to transport a disabled person under Revised Code of Washington chapter 46.16 is parked in a stall or space clearly and conspicuously marked under Revised Code of Washington chapter 46.61, which space is provided on private property without charge or on public property. (Ord. 731, 8-8-2005)
B. Warrant Required: Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required. (Ord. 380, 4-9-1990)
7-5-3 PRIOR NOTICE REQUIRED:
A. Notice Displayed On Vehicle; Contents Of Notice:
1. A vehicle not subject to impoundment under section 7-5-2 of this chapter may be impounded by the city only after notice of such proposed impoundment has been securely attached to and conspicuously displayed on such vehicle for a period of twenty four (24) hours prior to such impoundment. Such notice shall contain the following information:
a. The date and time the notice was attached;
b. The identity of the officer attaching the notice;
c. A statement that if the vehicle is not removed within twenty four (24) hours from the time the notice is attached, the vehicle may be taken into custody and stored at the owner’s expense;
d. A statement that if the vehicle is not removed within twenty four (24) hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense; and
e. The address and telephone number where additional information may be obtained.
2. If the vehicle has current Washington registration plates, the police department shall check the records to learn the identity of the last owner of record and shall make a reasonable effort to contact the owner by telephone, by making not less than one attempt to call, in order to give the owner the information on the notice described in this subsection.
B. Reasons For Impoundment:
1. Impoundment under this section may be for the following reasons:
a. When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or
b. When such a vehicle is abandoned; or
c. When such vehicle is so mechanically defective as to be unsafe for operation; provided, however, that this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in the manner directed by any peace officer or representative of the state commission on equipment.
2. A vehicle is considered abandoned for purposes of this section if it is left within the limits of any street in the city for a period of twenty four (24) hours or longer. A vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and has notified the police department and requests not more than ninety six (96) hours to remove the vehicle. (Ord. 731, 8-8-2005)
7-5-4 REMOVAL OF VEHICLE:
If the vehicle is not removed within twenty four (24) hours from the time the notification notice is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle’s removal to a place of safety. A place of safety includes the business location of a tow truck operator. (Ord. 380, 4-9-1990)
7-5-5 NOTICE TO OWNER OF IMPOUNDED VEHICLE; RIGHT TO HEARING:
When an operator impounds an unauthorized or abandoned vehicle, the operator shall notify the vehicle’s legal and registered owner of the impoundment in accordance with Revised Code of Washington chapter 46.55. The notice shall include the owner’s right of redemption and opportunity for a hearing to contest the validity of the impoundment. (Ord. 758, 1-9-2006)
7-5-6 REDEMPTION OF IMPOUNDED VEHICLE:
Vehicles impounded by the city shall be redeemed only under the following circumstances:
A. Owner Or Owner’s Representative: Only the legal owner, the registered owner, a person authorized in writing by the registered owner, the vehicle’s insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle, or one who has purchased a vehicle from a registered owner, who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle.
B. Payment Of Costs Required: Any person so redeeming a vehicle impounded by the city or ordered to be impounded by the city shall pay to the towing company all of the related costs of impoundment (towing, standby and storage) prior to redeeming such vehicle.
C. Right To Hearing: Any person seeking to redeem an impounded vehicle has a right to a hearing to contest the validity of the impoundment or the amount of towing and storage charges. (Ord. 380, 4-9-1990)
7-5-7 POST IMPOUNDMENT HEARING PROCEDURE:
A. Request For Hearing: Hearings requested pursuant to section 7-5-5 of this chapter shall be held before the administrative hearings officer of the city. Any requests for a hearing shall be made in writing on the form provided for that purpose and must be received by the chief of police within ten (10) days (including Saturdays, Sundays and holidays) of the latter of the date the notice was mailed to such person pursuant to subsection 7-5-5A of this chapter, or the date the notice was given to such person by the registered tow truck operator pursuant to Revised Code of Washington 46.55.120(2)(a). If the hearing request is not received by the chief of police within the ten (10) day period, the right to a hearing is waived and the registered owner is liable for any towing, storage or other impoundment charges permitted under this chapter.
B. Notice Of Hearing To Affected Parties: The chief of police, within five (5) days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owner of the vehicle, and the person or agency authorizing the impound in writing of:
1. The hearing date and time; and
2. If the owner of a motor vehicle desires to have the officer responsible for the impoundment or a representative of the towing company present at the hearing, a written request on a document provided by the chief of police must be returned to the chief of police no later than ten (10) days prior to the hearing date;
3. In the absence of such a request, the officer’s impound report and/or tow company’s tow and storage receipt shall be received in evidence.
C. Evidence Showing Proper Charges: At the hearing, the police department may provide any relevant evidence to show that the impound was proper. In absence of a request by the vehicle owner pursuant to subsections B and D of this section, the officer’s impound report and/or tow company’s tow and storage receipt shall be received in evidence. In determining whether the fees charged were proper, the court may take notice of the tow company’s rates which shall be filed with the court and available for public inspection.
D. Evidence Showing Improper Charges: At the hearing, the owner of the motor vehicle impounded may produce any relevant evidence to show that the impound and/or towing and/or storage fees charged were not proper.
E. Decisions Of Administrative Hearings Officer: At the conclusion of the hearing, the administrative hearings officer shall determine whether the impoundment and/or towing and/or storage fees charged were proper and provide both parties with a copy of its decision setting forth in writing the reasons for the determination reached. Should the administrative hearings officer determine that the towing and/or storage fees charged were not proper, then he shall determine the proper amount and provide a copy of its decision to the tow company and the police department.
F. Findings And Determinations:
1. If the impoundment is found proper, the impoundment and/or towing and/or storage fees, together with the costs and the expenses of the hearing, shall be assessed as a civil penalty against the owner of the vehicle impounded. The appearance cost of any approved tow company’s representative, if requested, shall be a cost assessed, subsection H of this section notwithstanding.
2. If the impound is not found proper, then the owner of the vehicle shall bear no costs.
G. Tow Truck Representative, Compensation For Appearance: Compensation for the appearance of a representative of the towing company shall be paid at the rate of twenty five dollars ($25.00) for such person’s appearance, as well as travel expenses in accordance with the mileage rate established by the administrative hearings officer for witnesses.
H. Discretionary Action Of Court: Nothing in this chapter shall be construed to prevent a court from exercising discretion in assessing penalties, costs or arranging time payments if justice so requires.
I. Appeal Decision To Municipal Court: A decision made by the administrative hearings officer may be appealed to the municipal court for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such decision must file a request for an appeal in the municipal court within fifteen (15) days after the decision of the administrative hearings officer and must pay a filing fee in the same amount required for the filing of a suit in district court. If the person fails to file the 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 administrative hearings officer’s decision is final. (Ord. 578, 6-14-1999)
7-5-8 ABANDONED VEHICLES:
A. Sale At Auction: Any impounded abandoned vehicle not redeemed within fifteen (15) days of mailing of the notice of custody and sale as required by Revised Code of Washington 46.55.110(2) shall be sold at public auction in accordance with all of the provisions and subject to all the conditions of Revised Code of Washington 46.55.130. A vehicle may be redeemed at any time before the start of the auction upon payment of towing and storage charges.
B. Compliance With State Law, Tow Truck Operator: No tow truck operator shall sell or otherwise dispose of an abandoned vehicle, regardless of its age, unless he has first complied with the provisions of Revised Code of Washington 46.55.100 and 46.55.110. For the purposes of this section, "abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the operator’s possession for ninety six (96) consecutive hours. (Ord. 380, 4-9-1990)
7-5-9 TOW TRUCK OPERATORS:
Tow truck operators shall comply with all of the applicable provisions of Revised Code of Washington chapter 46.55. (Ord. 380, 4-9-1990)
7-5-10 RECORD OF IMPOUNDED VEHICLES:
The police department shall keep, and make available for inspection, a record of all vehicles impounded under the provisions of this chapter. The record shall include at least the following information:
A. Vehicle make, year and model.
B. Vehicle license number and state of registration.
C. Vehicle identification number, if ascertainable.
D. Such other descriptive information as the chief of police of the police department deems useful for purposes of vehicle identification.
E. Name of impounding officer and vehicle serial number.
F. Reason for impoundment, and the time, date and location the approved towing company took custody. (Ord. 380, 4-9-1990)