Chapter 10.72
IMPOUNDING VEHICLES FOR DRIVING WHILE LICENSE SUSPENDED1
Sections:
10.72.020 Owner of impounded vehicle to be notified.
10.72.030 Redemption of impounded vehicles.
10.72.040 Post-impoundment hearing procedure.
10.72.050 Contract for towing and storage – Administrative fee.
10.72.060 Rules and regulations.
10.72.010 Impoundment of vehicle where driver is arrested for a violation of driving while license suspended (DWLS) – Period of impoundment.
A. Whenever the driver of a vehicle is arrested for a violation of driving while license suspended (DWLS), the vehicle is subject to impoundment at the discretion of a police officer.
B. If a vehicle is impounded because the driver is arrested for a violation of DWLS, third degree, 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 DWLS, third degree, within the past five years, the vehicle may be impounded for 15 days.
C. If a vehicle is impounded because the driver is arrested for a violation of DWLS, third degree, 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 DWLS, third degree, within the past five years, the vehicle may be impounded for 30 days.
D. If a vehicle is impounded because the driver is arrested for a violation of DWLS, first degree or second degree, 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 DWLS, first degree or second degree, within the past five years, the vehicle may be impounded for 30 days.
E. If a vehicle is impounded because the driver is arrested for a violation of DWLS, first degree or second degree, 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 DWLS, first degree or second degree, once within the past five years, the vehicle may be impounded for 60 days.
F. If a vehicle is impounded because the driver is arrested for a violation of DWLS, first degree or second degree, 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 DWLS, first degree or second degree, two or more times within the past five years, the vehicle may be impounded for 90 days. (Ord. 1914 § 1, 2000: Ord. 1866 § 2, 1999)
10.72.020 Owner of impounded vehicle to be notified.
A. Not more than 24 hours after impoundment of any vehicle, the tow contractor shall mail a notice by first class mail to the last known and legal owners of the vehicle, as may be disclosed by the vehicle identification number, and as provided by the Washington State Department of Licensing. The notice shall contain the full particulars of the impoundment, redemption, and opportunity for hearing to contest the propriety of the impoundment as hereinafter provided.
B. Similar notice shall be given to each person, who seeks to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. (Ord. 1914 § 2, 2000; Ord. 1866 § 3, 1999)
10.72.030 Redemption of impounded vehicles.
Vehicles impounded by the city shall be redeemed only under the following circumstances:
A. 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 the above section must, prior to redemption, establish that he or she has a valid driver’s license.
B. Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for the costs of impoundment, including removal, towing and storage. The administrative fee shall be paid to the city of Sumner at the finance department prior to redeeming such vehicle. The 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 the above 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 chief of police is authorized to release a vehicle impounded prior to the expiration of any period of impoundment upon petition of the spouse of the driver based upon 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 the 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 must satisfy the requirements of this section.
D. Any person seeking to redeem a vehicle impounded as a result of a traffic citation has a right to a hearing before an administrative hearings officer to contest the validity of the impoundment or the amount of removal, towing and storage charges or the administrative fee if such request for hearing is in writing, in the form approved by the chief of police and signed by such person, and is received by the chief of police within 10 days (including Saturdays, Sundays and holidays) of the latter of the date the notice was mailed to such person pursuant to the above section, or 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:
1. If all of the requirements to redeem the vehicle, including the expiration of any period of impoundment have been satisfied, then the impounded vehicle shall be released immediately and a hearing shall be held within 90 days from the written request for hearing.
2. If not all of the requirements to redeem the vehicle, including the expiration of any period of impoundment, have been satisfied, then the impounded vehicle shall not be released until after the hearing, which shall be scheduled within two business days (excluding Saturdays, Sundays and holidays) of the written request for the hearing.
3. Any person seeking a hearing who has failed to request such hearing within the time specified may petition the chief of police for an extension to file a request for hearing. Such extension shall be granted only upon the demonstration of good cause as to the reason(s) the request for the 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.
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 fee 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 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 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 at the time of said request. 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 administrative hearings officer’s decision is final. (Ord. 1914 § 3, 2000: Ord. 1866 § 4, 1999)
10.72.040 Post-impoundment hearing procedure.
Hearings requested shall be held by an administrative hearings officer, who shall determine whether the impoundment was proper and whether the associated removal, towing, storage and administrative fees were proper.
A. 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.
B. If the impoundment is found to be proper, the administrative hearings officer shall enter an order so stating. In the event the costs of impoundment (removal, towing and storage) and the administrative fee have not been paid or any other applicable requirements have not been satisfied or any period of impoundment has not expired, the administrative hearings officer’s order shall also provide that the impounded vehicle shall be released only after payment to the city of the administrative fee and any fines imposed upon any of the underlying traffic citations and satisfaction of all other applicable requirements and payment of the costs of impoundment to the towing company and after the expiration of any period of impoundment set forth above.
C. If the impoundment is found to be improper, the administrative hearings officer shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment and administrative fee have already been paid, the administrative hearings officer shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment and administrative fee in the amount of the costs of this impoundment and administrative fee.
D. In the event the administrative hearings officer finds that the impoundment was proper, but the removal, towing, storage or administrative fee charged for impoundment were improper, the administrative hearings officer shall determine the correct fees to be charged. If the costs of impoundment and the administrative fee have been paid, the administrative hearings officer shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment and administrative fee for the amount of the overpayment.
E. 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.
F. An appeal of the administrative hearings officer’s decision in municipal court shall be conducted according to, and is subject to, the procedures of this section. If the 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. (Ord. 1914 § 4, 2000: Ord. 1866 § 5, 1999)
10.72.050 Contract for towing and storage – Administrative fee.
A. If a vehicle is impounded pursuant to the above section, the administrative fee of $75.00 shall be levied when the vehicle is redeemed under the specifications of the contract provided for.
B. The administrative fee shall be collected by the city of Sumner at the finance department in the manner directed by the city administrator. The administrative fee shall be for the purpose of offsetting, to the extent practical, the cost of the city of implementing, enforcing and administering the provisions of this chapter and shall be deposited in the appropriate account. (Ord. 1914 § 5, 2000: Ord. 1866 § 6, 1999)
10.72.060 Rules and regulations.
The chief of police is authorized to promulgate rules and regulations consistent with this chapter and the Sumner Municipal Code to provide for the fair and efficient administration of any contract or contracts awarded pursuant to the contract for towing and to provide for the fair and efficient administration of any vehicle impoundment, redemption, or release of any impoundment hearing under this chapter. (Ord. 1866 § 7, 1999)
10.72.070 Administration.
The mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. (Ord. 1866 § 9, 1999)
Code reviser’s note: Ordinance 1866 adds these provisions as chapter 10.68. The chapter has been editorially renumbered to prevent duplication of numbering.