Chapter 10.04
MODEL TRAFFIC ORDINANCE
Sections:
10.04.010 Adoption by reference of WAC Chapter 308-330.
10.04.030 Filing of Model Traffic Ordinance.
10.04.040 Adoption by reference of RCW Chapter 47.50.
10.04.050 Impoundment of vehicle where driver is arrested—Period of impoundment.
10.04.010 Adoption by reference of WAC Chapter 308-330.
The “Washington Model Traffic Ordinance,” Chapter 308-330 Washington Administrative Code, including amendments subsequent hereto, is adopted by reference as and for the traffic ordinance of this city as though set forth in full in this chapter. (Ord. 1205 § 2, 1994)
10.04.030 Filing of Model Traffic Ordinance.
Incident to the adoption of the Model Traffic Ordinance by reference, by the ordinance codified in this chapter, copies of the text of the adopted Model Traffic Ordinance and of other adopted statutes shall be filed as required by RCW 35.21.180 for use and examination by the public. (Ord. 1205 § 4, 1994)
10.04.040 Adoption by reference of RCW Chapter 47.50.
A. RCW Chapter 47.50 is adopted by reference to provide for the regulation and control of vehicular access and connection points of ingress to, and egress from, the state highway system within the incorporated area of the city of Sedro-Woolley.
B. Pursuant to the requirements and authority of RCW 47.50, the provisions of Chapter 468-51 and Chapter 468-52 of the Washington Administrative Code, together with all future amendments, are adopted by reference in order to implement the requirements of Chapter 47.50 RCW. (Ord. 1229-95 §§ 1, 2, 1995)
10.04.050 Impoundment of vehicle where driver is arrested—Period of impoundment.
A. Impoundment Authorized When.
1. Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.005, 46.20.015, 46.20.342(1), 46.20.420, 46.61.502 or 46.61.504, the vehicle is subject to impoundment at the direction of a police officer.
2. Whenever the driver of a vehicle is arrested or cited for a violation of RCW 46.20.005, 46.20.015, 46.20.342(1), 46.20.420, 46.61.502 or 46.61.504, then the vehicle may be released as soon as all the requirements of subsection (B)(1) of this section are satisfied.
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 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.
4. 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.
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 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.
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 one time 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.
7. 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. Redemption of Impounded Vehicles. Vehicles impounded by the city shall be redeemed only under the following circumstances:
1. Only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to subsection A of this section must prior to redemption establish that he or she has a valid driver’s license and is in compliance with RCW 46.30.020. A vehicle impounded pursuant to subsections (A)(3) to (A)(7) of this section can be released only pursuant to a written order from the court.
2. Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for costs of impoundment removal, towing and storage prior to redeeming such vehicle, except as provided for by subsection (B)(3) of this section. Such towing contractor shall accept payment as provided in RCW 46.55.120(1)(b) as now or hereafter amended. If the vehicle was impounded pursuant to subsection A of this section 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.
3. The Municipal Court is authorized to release a vehicle impounded pursuant to subsections (A)(3) through (A)(7) of this section prior to the expiration of any period of impoundment upon petition of the spouse of the driver based on economic or personal hardship to such spouse 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. If such release is authorized, the person redeeming the vehicle still must satisfy the requirements of subsections (A)(1) and (A)(2) of this section.
4. Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a Municipal Court hearing to contest the validity of an impoundment or the amount of removal, towing and storage charges if such request for hearing is in writing, in a form approved by the Municipal Court and signed by such person, and is received by the Municipal Court within ten days (including Saturdays, Sundays and holidays) of the date the notice was given to such person by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:
a. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under subsection A of this section, have been satisfied, then the impounded vehicle shall be released immediately and a hearing as provided for in subsection C of this section shall be held within ninety days of the written request for hearing.
b. If not all of the requirements to redeem the vehicle, including expiration of any period of impoundment under subsection A of this section, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to subsection C of this section, which shall be held within two business days (excluding Saturdays, Sundays and holidays) of the written request to the court for hearing.
c. Any person seeking a hearing who has failed to request such hearing within the time specified in subsection (A)(4) of this section may petition the Municipal Court for an extension of time to file 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 that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.
d. 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 are deemed to be proper, and the city shall not be liable for removal, towing and storage charges arising from the impoundment.
C. Post-Impoundment Hearing Procedure. Hearings requested pursuant to subsection B of this section shall be held in the Municipal Court, which court shall determine whether the impoundment was proper and whether the associated removal, towing, and/or storage 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, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.
2. If the impoundment is found to be proper, the court shall enter an order so stating. In the event that the costs of impoundment, removal, towing and storage have not been paid or any other applicable requirements of subsection (A)(2) of this section have not been satisfied or any period of impoundment under subsection A of this section has not expired, the court’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 subsection (A)(2) of this section.
3. If the impoundment is found to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the court shall enter judgment against the city and 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 court finds that the impound was proper, but that the removal, towing and/or storage fees charged for the impoundment were improper, the court shall determine the correct fees to be charged. If the costs of impoundment have been paid, the court shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment for the amount of the 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 such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution.
6. As to any impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420, 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 department in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license. (Ord. 1332-99 §§ 1—3, 1999)