Title 10 VEHICLES AND TRAFFIC
Chapter 10.14 IMPOUNDING VEHICLES AFTER ARREST FOR DRIVING WITHOUT A VALID DRIVER’S LICENSE AND UNDER THE INFLUENCE
10.14.010 Impoundment of vehicle where driver is arrested for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504--Period of impoundment.
10.14.020 Redemption of impounded vehicles.
10.14.030 Post-impoundment hearing procedure.
10.14.010 Impoundment of vehicle where driver is arrested for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504--Period of impoundment.
A. Whenever the driver of a vehicle is arrested for a violation of RCW
46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504, the vehicle is
subject to impoundment at the direction of a police officer.
B. Whenever the
driver of a vehicle is arrested or cited for a violation of RCW 46.20.005,
46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504, then the vehicle may be
released as soon as all the requirements of Section 10.14.020 are
satisfied.
C. 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.
D. If a vehicle is
impounded because the driver is arrested for a violation of RCW 46.20.341(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.
E. 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 once within
the past five years, the vehicle shall be impounded for thirty days.
F. 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.
G. 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. (Ord. 1023 § 1,
1999).
10.14.020 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 Section 10.14.010 must, prior to the 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 Section 10.14.010(C) through (G) can
be released only pursuant to a written order from the court.
B. 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 C 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 Section 10.14.010
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 Municipal Court is authorized
to release a vehicle impounded pursuant to Section 10.14.010(C) through (G)
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 Section 10.14.020(A) and
(B).
D. 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:
1. If all of the requirements to redeem the vehicle, including
expiration of any period of impoundment under Section 10.14.010, have been
satisfied, then the impounded vehicle shall be released immediately and a
hearing as provided for in Section 10.14.030 shall be held within ninety days of
the written request for hearing.
2. If not all of the requirements to redeem
the vehicle, including expiration of any period of impoundment under Section
10.14.010, have been satisfied, then the impounded vehicle shall not be released
until after the hearing provided pursuant to Section 10.14.030, which shall be
held within five business days (excluding Saturdays, Sundays and holidays) of
the written request to the court for hearing.
3. Any person seeking a
hearing who has failed to request such hearing within the time specified in
Section 10.14.020(D) 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.
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 are deemed to be proper, and the city shall not
be liable for removal, towing and storage charges arising from the impoundment.
(Ord. 1023 § 2, 1999).
10.14.030 Post-impoundment hearing procedure.
Hearings requested pursuant to Section 10.14.020 shall be held in the
Municipal Court, which could shall determine whether the impoundment was proper
and whether the associated removal, towing and/or storage 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 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 Section 10.14.020(B) have not been
satisfied or any period of impoundment under Section 10.14.010 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 Section 10.14.020(B).
C. 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.
D. 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.
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. 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. 1023 §
3, 1999).
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