HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 02/14/2012 (3) Public Safety Committee Agenda
Councilmembers Les Thomas • Dana Ralph • Bill Boyce, Chair
KENT
WI.SMINGTDN
February 14, 2012
4:30 p.m.
Item Description Action Speaker Time Pg
1. Approval of Minutes 01/10/12 Yes Bill Boyce 3 min 1
2. Washington Traffic Safety Commission Yes Ken Thomas 5 min 3
grant application - AUTHORIZE Sara Wood
3. Washington Association of Sheriffs and Yes Ken Thomas 5 min 7
Police Chiefs grant- ACCEPT and Establish budget Debra LeRoy
4. Amend KCC 9.39 - Towing - Ordinance - Yes Julie Stormes 5 min 11
ADOOPT
5. Police Department Update - INFO ONLY No Ken Thomas 15 min 27
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Unless otherwise noted, the Public Safety Committee meets the 2""Tuesday of each month at 4:30 p.m.
in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895
For information please contact the Police Administration at (253) 856-5890.
Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For
TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
January 10, 2012
COMMITTEE MEMBERS: Les Thomas, Dana Ralph, and Bill Boyce, Chair
• The meeting was called to order by Chair Boyce at 5:01 PM.
• Chair Boyce called for changes or additions to the agenda. Chair Boyce added one
discussion item.
1. Approval of Minutes
L. Thomas moved to approve the minutes of the November 8, 2011 meeting.
The motion was seconded by D. Ralph and passed 3-0.
2. Washington Traffic Safety Commission grant — ACCEPT and Establish budget
Chief of Police Ken Thomas and Research and Development Analyst Debra LeRoy explained
the funds will be used to purchase one school zone flashing light assembly for Park Orchard
Elementary School.
D. Ralph moved to recommend that City Council accept the Washington Traffic
Safety Commission grant in the amount of $7,500 and establish the budget.
The motion was seconded by L. Thomas and passed 3-0.
3. _Washington Auto Theft Prevention Authority grant — ACCEPT and Amend the
budget.
Chief Thomas and Debra LeRoy explained the additional funds will be used by the PATROL
Task Force in its effort to combat auto theft and associated crimes. The grant award is
effective January 1, 2012 and expires June 30, 2013.
L. Thomas moved to recommend that Council authorize the Kent Police
Department to accept the Washington Auto Theft Prevention Authority grant on
Behalf of the PATROL Task Force in an amount not to exceed $55,000 and amend
the budget.
The motion was seconded by D. Ralph and passed 3-0.
4. Police Department Updates — INFO ONLY
• Chief Thomas acknowledged and thanked Debra LeRoy for her grant research,
development, writing and processing for the Kent Police Department over many years.
• Assistant Chief Mike Painter will be retiring from his position on January 315t, after nearly
32 years with the Department. Mike will be taking a position with Washington
Association of Sheriffs and Police Chiefs in Lacey, WA on February 1st. Chief thanked AC
Painter for his leadership and the legacy he leaves at Kent PD Mike thanked the City of
Kent for the opportunity to work here, stating it has been a very good place to work.
• Commander Pat Lowery was introduced and will be promoted to Assistant Chief effective
February 1st, replacing Mike Painter. Pat's duties will include the Investigations Division,
various task forces and Public Information Officer.
• Commander Tracey Gurr will become the Detective Commander effective February 1", as
well as the Kent School District liaison.
• Assistant Chief Jon Straus will now manage the budget process, as well as the city's Jail
facility, Records, Evidence, Recruitment, Training departments and other administrative
staff. AC Straus has worked with AC Painter over the past year on the department's
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budget He stated lateral and entry level police officer testing and oral boards will
continue to work to attract a strong diverse pool of applicants.
• As the Assistant Chief over the Patrol Division, Randy Bourne's primary mission is to keep
the community safe and keep officers safe in order to do their Jobs for the community.
AC Bourne congratulated the new committee members and welcomed them to ask
questions at any time or to do a ride-along.
• Chief stated the recruiting officer is working diligently to find qualified and diverse
applicants to staff the open police officer positions.
• Detective Wayne Himple will retire in February after over 30 years with the Department.
Detective Sgt Brian Jones will retire in March after over 35 years with the Department.
• Retirements will result in promotions and lateral moves to fill positions.
• The gang task force is comprised of detectives from Auburn, Renton, Kent, Port of
Seattle, Department of Homeland Security and King County Metro Police. Kent PD
Commander Rafael Padilla will oversee the task force.
• Chief will present his Public Safety Report, including several department awards, at the
City Council meeting on January 17cn
Discussion item:
Chair Boyce proposed changing the start time for future Public Safety Committee meetings. The
other committee members agreed on 4:30 PM as the new start time effective with next month's
meeting on February 14tn
The meeting adjourned at 5:35 PM.
J Thompson,
Public Safety Committee Secretary
Public Safety Committee Minutes 2
January 10, 2012
3
POLICE DEPARTMENT
S7��� Kenneth E. Thomas, Chief of Police
KENT Phone: 253-856-5888
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 14, 2012
TO: Public Safety Committee
SUBJECT: Washington Traffic Safety Commission grant - AUTHORIZE
MOTION: I move to authorize the Kent Police Department to apply for the
Washington Traffic Safety Commission mini-grant in the amount of $500 and
accept the funds, if awarded.
SUMMARY: If awarded, the funds would provide the Kent Youth Board an opportunity to
tackle the distracted driving problem.
EXHIBITS: Notification to apply for High School Distracted Driving Grant Project
BUDGET IMPACT: None.
BACKGROUND:
Public Safety Committee WTSC mini-grant app
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High School Distracted Driving Grant Project
Organized by the Washington Traffic Safety Commission and paid for in the public interest by State Farm Insurance
Companies.
Background:
State Farm Insurance Companies and the Washington Traffic Safety Commission have teamed up to
provide teens with an opportunity to tackle the distracted driving problem, and obtain a $500 no-
strings-attached grant for a school group, such as the cheerleading squad or basketball team.
Here's how:
Working with a school advisor or teacher, a group of teens agree to do five activities (from the
following list) that promote awareness among teens and the community about the dangers of
distracted driving.
Action Steps:
Step one: with your Advisor, write a plan (see attached sample) and submit this to WTSC for
approval. Submit to. Jonna VanDyk, WTSC Program Manager, P.O Box 40944, Olympia, WA 98504-
0944 or FAX to 360-586-6489 or email to: lvandyk(awtsc.w i gov.
Step two: once your plan has been approved by WTSC, do your five activities. Take photos.
Step three: submit a letter to WTSC from your Advisor stating what activities you did and include
photos and samples. WTSC will send your Advisor a check for $500.
Develop a plan that includes at least five activities from the following list:
1. Develop a brochure or flyer that describes the dangers of distracted driving. Working with
your fellow students, hand out 100 of these brochures to other students and community
members. Make it personal, with photos of your fellow students and their opinions about
distracted driving.
2. Develop a poster about the dangers of distracted driving. Put up 12 posters in your high
school.
3. Develop a commitment poster (see sample) —have 100 students sign the poster where they
make a commitment to not talk on the cell phone or send text messages while driving.
4. Write an article about the dangers of distracted driving. Submit it to your school newspaper
and your community newspaper.
5. Write a press release about your efforts to engage your fellow students in the battle against
distracted driving and send it to your local news media.
State Farm-WTSC Grant Protect Page 1
6
6. Develop two large banners. The first one says "Distracted Driving Kills." The second one says:
"Place Cell Phones in Trunk" and hold these banners in a visible location for passing motorists
to see (for a minimum of one hour).
7. Develop a powerpoint presentation about the dangers of distracted driving and sponsor a
meeting of law enforcement where you give this presentation and encourage them to enforce
Washington's cell phone law.
8. Develop and give a powerpoint presentation on the dangers of distracted driving to your local
service clubs such as the Kiwanis or the Chamber of Commerce.
9. Write a song or poem about distracted driving and present it to your class.
10. Build a memory wall with photos from young people who have been hurt or killed in vehicle
collisions. Include information about the importance of not driving while talking on a cell
phone or texting.
11. Work with your fellow students and teachers to develop an anti-distracted driving program
for the entire school. Bring in a guest speaker.
12. Working with your speech or debate team, sponsor a speaking contest among your fellow
students about traffic safety and distracted driving.
13. Develop a script for a T.V. commercial and a script for a radio commercial on distracted
driving.
14. Develop a script for an educational video on distracted driving.
15. Conduct a survey of at least 50 students from your school about their opinions about
distracted driving Compile the results into a report.
Please note:
Who can apply: organizations with non-profit or not-for-profit (501C(3) tax status, schools and local
government agencies. All organizations need to have a statewide vendor number and a filled out A-
19 form. Jonna will send you these forms--which are very simple to fill out--when you send her
your commitment letter (lvandyk0)wtsc.wa.gov). The forms may seem odd to you, but your school
accounting people will probably be familiar with them.
State Farm-WTSC Grant Project Page 2
POLICE DEPARTMENT
\ Kenneth E. Thomas, Chief of Police
v KENT Phone: 253-856-5888
Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 14, 2012
TO: Public Safety Committee
SUBJECT: Washington Association of Sheriffs and Police Chiefs grant - ACCEPT and
Establish the budget
MOTION: I move to recommend that City Council accept the Washington
Association of Sheriffs and Police Chiefs grant in the amount of $11,550 and
establish the budget.
SUMMARY: The funds from the WASPC Traffic Safety Equipment Grant will be used to
purchase the following equipment: (1) Lidar, (2) Radars, (10) Sector Scanners and (10)
Sector Printers.
EXHIBITS: WASPC award letter dated 01/27/12, grant CFDA#20.600
BUDGET IMPACT: None.
BACKGROUND:
Public Safety Committee WASPC 11550 award
February 14, 2012
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WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS 9
3060 Willamette Drive NE Lacey,WA 98516—Phone (360)486-2380—Fax (360)486-2381—Webstte www wasp
erving the Law Enforcement Community and the Citrzens of Washrne o�°x0cm s8po,
January 27, 2012 a'� y
Chief Ken Thomas
Kent Police Department
220 4th Avenue South
Kent, WA 98032
Dear Chief Thomas,
Thank you for applying for a WASPC Traffic Safety Equipment Grant. We are pleased to
inform you that your agency has been approved to receive $11,550.00 to purchase the following
equipment: (1) Lidar $3,000.00, (2) Radars $2,000 00, and Sector (10) Scanners $2,550 00 &
(10) Printers $4,000.00
The Federal Identification number for this grant is CFDA#20.600. Invoices must be submitted
to WASPC no later than May 1, 2012. Any invoices not received by the deadline will not be
reimbursed and the award money will be forfeited. Please note: WASPC is responsible for the
amount of your grant award only. Any expense in excess of the grant award must be paid by
your agency.
A report is required for the Traffic Safety Equipment Grant funds awarded to your department.
The 2011-2012 Traffic Safety Equipment Grant reports are due by October 15, 2012. Failure to
report will result in denial of 2012—2013 grant funds. For your convenience, the report form
is enclosed with this letter. Your agency is responsible for subscribing to the following
commitments:
• Support statewide/national traffic safety initiatives, projects, and programs
• Report grant results to WASPC in a timely manner
• Subscribe and commit to aggressive traffic enforcement
Also attached is a revised Equipment Grant Agreement form. It was revised to include
information pertaining to the Buy America Act. Please sign and return the form to Nancy
Morris.
Thank you for your dedication to traffic safety in the State of Washington. If you have any
questions please contact Nancy Morris at(360) 486-2387. If you would like more information
regarding state or federal traffic safety grant funding,please contact the Washington Traffic
Safety Commission at(360) 725-9896.
Sincerely,, /
Mitch Barker
Executive Director
Prcsidect President Elect V ce President Pest President Treasure
SUERAHR ED HOLMES OZZIE KNEZOVICH BRUCEBJORK PAUL AYERS
Shenff-King Comtry Chref-Mercerhiand Sheriff-Spokane(oratry Chief-IVA FW,&Midllfe Chref-Issaquah
Executive Board
ERIC OLSEN TOM SCHLICKER KEN HORENHERG STEVE BOYER BILL ELFO
Chief-Kirklotd Chief-Svhimmsh Chief-Kenilemrck Sherff-Kusap Courtly Sherlff-H'hatem Comity
RICHARD LATHIM RANDY STEGME[ER JOHN BATISTE LAURA LAUGHLIN MITCH BARKER
Aer ff-Fronkha Comity Chief-IVesterrr)YA UnivershP Chief-WA State Patrol SAC-FBI,Seattle Erectativ Director
10
WASPC EQUIPMENT GRANT AGREEMENT FORM
IN ACCEPTING A WASPC EQUIPMENT GRANT,THE KENT POLICE DEPARTMENT
AGREES TO COMPLY WITH THE FOLLOWING GRANT CONDITIONS:
1. The equipment received as a result of this grant will be used as part of a department safety program.
2. The equipment received as a result of this project will be distributed as part of an agency's commitment to traffic
safety and active traffic enforcement. Agencies receiving grants are required (when possible)to support statewide
traffic safety initiatives to include.
♦ Three Flags Enforcement Blitzes(10 days in February,July, and October)
♦ Holiday Safety Emphasis Patrols(Memorial Day, Labor Day, and Christmas/New Year's)
Statewide activities will focus on Impaired Driving, Seatbelt/Child Car Seat Enforcement, and Speed Enforcement.
Results of Blitz/Emphasis activity will be reported on quarteily activity reports.
3. Equipment purchases must comply with the provisions of the Buy America Act(49 U.S.C. 53230))which contains
the following requirements Only steel, iron and manufactured products produced in the United States may be
purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would
be inconsistent with the public interest;that such materials are not reasonably available and of a satisfactory quality;
or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.
Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and
approved by the Secretary of Transportation
4. Reports describing the use of the equipment and related enforcement activity will be submitted to WASPC. Reports
are due no later than:
♦ October 15,2012
Reports will contain the following information:
A) Recap of current traffic safety enforcement and educational activities
B) Identified traffic safety issue addressed with this particular grant
C) Identified target audience
D) Equipment acquired with WASPC Equipment Grant
E) Enforcement activities conducted
F) Program success/Outcome(Final Report)
G) Problems Encountered
H) Department contact for program Phone
SIGNED: DATE:
(Chief or S eriffi
SIGNED: DATE: 1/27/12
Mitch Barker, Executive Director
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LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone: 253-856-5782
KENT Fax: 253-856-6770
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
February 14, 2012
To: Public Safety Committee
From: Julie Stormes, Prosecutor
Regarding: Amend KCC 9.39 - Towing - Ordinance-Adopt
MOTION: Recommend council adopt Ordinance No. , amending
Chapter 9.39 of the Kent City Code, entitled "Towing."
SUMMARY:
On April 21, 2009, the United States Supreme Court ruled that warrantless
searches of a motor vehicle after a driver's arrest and detention were violative of
Amend. IV of the United States Constitution. Later that same year, the Washington
State Supreme Court similarly ruled that warrantless searches violated article I, §7
of the Washington Constitution.
This City's decision to amend the code by removing the provision allowing for
a search incident to the arrest of the driver reflects these changes to the federal and
state law.
The city of Kent recognizes a hardship exists for the legal owner of a motor
vehicle when his or her vehicle is impounded for a set period of time after a driver is
arrested for violation of RCW 46.20.342 (1)(a) (driving while license suspended or
revoked in the first degree) or (1)(b) (driving while license suspended or revoked in
the second degree). In those circumstances where the legal owner of motor vehicle
impounded after the driver is arrested for violation of RCW 46.20.342(1)(a) or (b),
and the legal owner was neither the arrested driver nor aware the arrested driver
was so suspended, the City seeks to create a one-time hardship exemption whereby
the legal owner may immediately redeem his or her motor vehicle upon satisfaction
of certain conditions as well as payment of all costs and fees associated with towing,
impound, and storage.
BUDGET IMPACT: None
P\Clvd\Motions-BlueSheets\Amend 9 39 Towing Motion docx
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.39
of the Kent City Code, entitled "Towing," updating
provisions in order to be consistent with current
state law and recent Supreme Court decisions.
RECITALS
1
A. On April 21, 2009, the United States Supreme Court ruled
that warrantless searches of a motor vehicle after a driver's arrest and
detention were violative of Amend. IV of the United States Constitution.
Later that same year, the Washington State Supreme Court similarly ruled
that warrantless searches violated article I, §7 of the Washington
Constitution.
B. This City's decision to amend the code by removing the
provision allowing for a search incident to the arrest of the driver reflects
these changes to the federal and state law.
C. The city of Kent recognizes a hardship exists for the legal
owner of a motor vehicle when his or her vehicle is impounded for a set
period of time after a driver is arrested for violation of RCW 46.20.342
(1)(a) (driving while license suspended or revoked in the first degree) or
(1)(b) (driving while license suspended or revoked in the second degree).
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Towing Ordinance
14
In those circumstances where the legal owner of motor vehicle impounded
after the driver is arrested for violation of RCW 46.20.342(1)(a) or (b),
and the legal owner was neither the arrested driver nor aware the arrested
driver was suspended, the City seeks to create a one-time hardship
exemption whereby the legal owner may immediately redeem his or her
motor vehicle upon satisfaction of certain conditions as well as payment of
all costs and fees associated with towing, impound, and storage.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 9.39 of the Kent City Code is
amended as follows:
Sec. 9.39.010. Title and purpose. This chapter shall be known
and cited as the towing ordinance and shall supplement Chapter 46.55
RCW which is currently adopted in KCC 9.36.010 (Model Traffic
Ordinance). In the event that a conflict exists between the provisions of
this chapter and Chapter 46.55 RCW, this chapter shall prevail.
Sec. 9.39.020. Removal by police officer. In addition to the
provisions of RCW 46.55.113, a police officer may take custody of a vehicle
and provide for its prompt removal to a place of safety whenever a police
officer finds a vehicle standing or parked in violation of RCW 46.61.570.
Sec. 9.39.030. Impoundment of vehicles when driver
arrested for violation of driving while license suspended or revoked
or operation of motor vehicle under other license while suspended.
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Towing Ordinance
15
A. Impoundment of vehicles authorized.
1. Whenever the driver of a vehicle is arrested for a violation of
driving while license suspended or revoked (RCW 46.20.342) or operation
of motor vehicle under other license or permit prohibited while license is
suspended or revoked (RCW 46.20.345), as these provisions are currently
enacted or hereafter amended, the vehicle is subject to impoundment at
the direction of a law enforcement officer.
2. It shall be the responsibility of the owner or other person
lawfully charged with possession of a vehicle to ensure that any person
driving such vehicle has a valid license. It shall not be a defense to
impoundment or to the payment of any of the costs of impound that the
owner or other person lawfully charged with the vehicle was not aware
that the driver's license was suspended, revoked, or otherwise invalid.
B. Impoundment periods.
1. If a vehicle is impounded because the driver is arrested for a
violation of RCW 46.20.342 (1)(c) (driving while license suspended or
revoked in the third degree) or 46.20.345, the vehicle shall be redeemable
immediately pursuant to subsection (13)(6) of this section.
2. If a vehicle is impounded because the driver is arrested for a
violation of RCW 46.20.342 (1)(a) (driving while license suspended or
revoked in the first degree) or 46.20.342(1)(b) (driving while license
suspended or revoked in the 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 equivalent local
3 Revise KCC 9.39
Towing Ordinance
16
ordinance within the past five (5) years, the vehicle shall be impounded for
thirty (30) days.
3. 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 (1) time
of a violation of RCW 46.20.342(1)(a) or (b) or equivalent local ordinance
within the past five (5) years, the vehicle shall be impounded for sixty (60)
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 been convicted of a
violation of RCW 46.20.342(1)(a) or (b) or equivalent local ordinance two
(2) or more times within the past five (5) years, the vehicle shall be
impounded for ninety (90) days.
5. At the conclusion of the applicable period of impoundment, if
any, 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 towing contractor may use any
reasonable means necessary to confirm that the person redeeming the
vehicle is authorized to redeem the vehicle, and neither the city nor the
tow company shall be responsible for any loss resulting from a delay
during the time in which the towing contractor is confirming authorization.
6. Prior to redeeming the impounded vehicle, any person
redeeming a vehicle impounded pursuant to this section shall pay the
towing contractor for the costs of impoundment, including removal,
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Towing Ordinance
17
towing, and storage fees accrued as a result of the impoundment. The
towing contractor shall accept payment as provided in RCW 46.55.120 and
other applicable statutes as currently enacted or hereafter amended. If the
vehicle was impounded pursuant to this section and was being operated by
the registered owner when it was impounded, it may not be released to
any person until all traffic-related penalties, fines, and forfeitures owed by
the registered owner have been satisfied.
7. A vehicle impounded pursuant to this section may be
seaFehed uneident te the affest E)F the dFmveF eF inventoried incident to the
impound of the vehicle pursuant to the laws of the state of Washington
and the United States. With the exception of personal property seized by a
police officer, personal property contained within an impounded vehicle
shall continue to be the responsibility of its owner, or the person driving
the vehicle, and shall be dealt with pursuant to the requirements of RCW
46.55.090 and other applicable statutes as now enacted or hereafter
amended. Property which is attached to the vehicle with electronic wiring,
or by bolts, screws, glue, or other adhesive material, shall be considered a
component of, or a part of, the vehicle for purposes of impoundment.
C. Impound hearing.
1. When a vehicle is impounded pursuant to this section, the tow
truck operator shall send notice to the legal and registered owners as
required by RCW 46.55.110 and other applicable statutes as now enacted
or hereafter amended.
2. Any person seeking to redeem a vehicle impounded pursuant
to this section has a right to a hearing in the Kent municipal court without
a jury. The purpose of this hearing is solely to contest the validity of the
5 Revise KCC 9.39
Towing Ordinance
18
impoundment or the amount of removal, towing, and storage fees. A
person may waive the right to a hearing and, subject to the requirements
of subsection (B) of this section, redeem the vehicle at the end of the
applicable period. Failure to request a hearing pursuant to this subsection
(C) shall constitute a waiver of the hearing.
3. A request for a hearing must: (a) be in writing in a form
approved by the administrator of the Kent municipal court, (b) be signed
by the person contesting the impound, and (c) be received by the Kent
municipal court within ten (10) days of the date the notice of
impoundment was mailed or given to such person pursuant to RCW
46.55.110 or 46.55.120(2)(a), whichever is later. At the time of the filing
of the request for hearing, the petitioner must pay to the court a filing fee
in the amount of thirty-nine dollars ($39.00).
4. The hearing shall be provided as follows:
a. The court, within five (5) days after a proper request
for a hearing has been received, shall set the hearing date and send notice
of the date, time, and location of the hearing to the registered and legal
owners of the vehicle or other item of personal property registered or titled
with the Department of Licensing, the person requesting the hearing if not
the owner, the tow truck operator, and the person or agency authorizing
the impound.
b. If the vehicle is still impounded at the time the written
request is received, the court shall set the hearing within seven (7) days of
receipt of the written request. If the vehicle has been released from
impound at the time the written request is received, the court shall set the
hearing within forty-five (45) days.
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Towing Ordinance
19
C. Any person seeking a hearing who has failed to request
such hearing within the time requirements set forth in subsection (C)(3) of
this section may petition the court 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 hearing was not timely filed
and only in the event that notice of the auction of the vehicle has not been
published by the tow truck operator pursuant to the requirements of RCW
46.55.110, 46.55.130, and other applicable statutes as now enacted or
hereafter amended. 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 date of granting the
extension shall be treated as the date the hearing request was received. In
the event that an extension is granted, additional fees resulting from the
storage of the vehicle caused by the delay in the hearing shall be paid by
the person requesting the extension, regardless of whether the impound is
determined to be lawful or unlawful.
d. If a person fails to file a request for hearing within the
time periods required, and no extension to file 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 any charges arising from the impound.
e. For the purposes of this section, any computation of
time shall be in accordance with Civil Rule 6(a) of the Washington Court
Rules.
f. Delivery of notices required by this section shall be
deemed proper three (3) calendar days after the date such notice is sent
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Towing Ordinance
26
by regular first class mail, or in any other manner reasonably calculated to
reach the intended recipient. For the purposes of delivering notices
required by this section, the address of the intended recipient which is
either listed on a citation issued by a police officer, or which appears on
any record maintained by or for the Department of Licensing, or which
appears on any document or correspondence filed with the court by the
intended recipient, shall be an appropriate and accurate address of the
intended recipient.
5. Hearings shall, at the discretion of the court, be held by a
judge, commissioner, judge pro tempore, or magistrate of the Kent
municipal court, who shall determine whether the impoundment was
proper and/or whether the associated removal, towing, storage, and any
administrative fees were proper. The court may not adjust fees or charges
that are in compliance with the posted or contracted rates.
6. The court may consider the criminal citation, the notice of
traffic infraction, the authorization to impound created pursuant to KCC
9.39.040, and any other written report made under penalty of perjury
submitted by the city of Kent or other impounding agency in lieu of the
officer's personal appearance at the hearing. The court may also consider
an abstract of driving record and electronically printed registration
information, without further evidentiary foundation. Such records shall
constitute prima facie evidence of the status of the driver's or contestant's
license to drive a motor vehicle, the proper period of impoundment, or the
ownership of the impounded motor vehicle. The person named in the
notice may subpoena witnesses, including the officer, and has the right to
present evidence and examine witnesses present in court.
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Towing Ordinance
21
7. The burden of proof is upon the city to establish that the
impound was proper by a preponderance of the evidence.
8. If the impoundment is found to be proper, the court shall
enter an order so stating. The court's order shall provide that the
impounded vehicle shall be released only after the applicable impound
period has expired and the redemption requirements of subsections (13)(5)
and (6) of this section have been satisfied. The court shall grant time
payments only in the cases of extreme financial need, and only after a
finding of such extreme financial need, and only where there is an assured
and effective guarantee of payment.
9. 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 order
the refund by the city of the costs of impoundment. If the impoundment is
determined to be improper, and a filing fee was paid, the filing fee shall be
returned to the payor.
10. In the event the court finds that the impoundment was
proper, but the removal, towing, storage, or administrative fees charged
for impoundment were not in compliance with the posted or contracted
rates, the court shall determine the correct fees to be charged. If the costs
of impoundment have been overpaid, the court shall order a refund by the
towing company of the costs of impoundment for the amount of the
overpayment. If the costs of impoundment have been overpaid, and a
filing fee was paid, the filing fee shall be returned to the payor.
11. No determination of facts made at a hearing under this
section shall have any collateral estoppel effect on a subsequent criminal
9 Revise KCC 9.39
Towing Ordinance
22
prosecution and such determination shall not preclude litigation of those
same facts in a subsequent criminal prosecution.
12. The hearing procedures set forth in this subsection shall apply
only to hearings set pursuant to this section.
13. The court, in its discretion, may waive the filing fee required
by subsection (C)(3) of this section upon proof by competent evidence that
the person who is requesting the hearing is indigent as that term is defined
in RCW 10.101.010(1).
D. Economic or personal hardship - Rental cars - Vehicle dealer or
lender with perfected security interest - Commercial or farm transport
vehicles - Exceptions.
1. The court is authorized to release a vehicle impounded
pursuant to this section prior to the expiration of any period of
impoundment upon petition of the owner of the motor vehicle who was not
the driver, provided he or she states under penalty of per]ury that he or
she was unaware the driver was suspended or revoked at the time of
impoundment, or of a family member or dependent person of the driver
based upon economic or personal hardship to such family member or
dependent person 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
redemption requirements of subsection (B)(5) and (6) of this section. The
decision to release the vehicle pursuant to this subsection shall not create
any duty to protect any individual,_—nor shall it impart any costs, fees, or
10 Revise KCC 9.39
Towing Ordinance
23
other financial obligations associated with the removal, towing, and/or
storage of the vehicle to the City, provided the removal, towing, and/or
storage were lawful under the Kent Municipal Code or the Revised Code of
Washington. Further, neither the decision to release the vehicle nor any
determination of facts at a hearing under this section, shall provide a
defense in any subsequent criminal prosecution, or have any collateral
estoppel effect or preclude litigation of those same facts in a subsequent
criminal prosecution. The release of a vehicle pursuant to this subsection
shall be available to an owner or —relative or dependent person of the
driver one (1) time only.
2. Pursuant to RCW 46.55.120, as now enacted or hereafter
amended, a rental car business may immediately redeem a rental vehicle it
owns upon payment of the costs of removal, towing, and storage.
3. Pursuant to RCW 46.55.120, as now enacted or hereafter
amended, a motor vehicle dealer or lender with a perfected security
interest in the vehicle may immediately redeem or repossess a vehicle it
owns upon payment of the costs of removal, towing, and storage.
4. Pursuant to RCW 46.55.113(3), as now enacted or hereafter
amended, before the summary impoundment of a commercial vehicle or
farm transport vehicle when the driver is not the owner of the vehicle, the
police officer shall attempt in a reasonable and timely manner to contact
the owner of the vehicle and may release the vehicle to the owner, or
designee of the owner, if either is reasonably available, as long as the
owner or designee states under penalty of penury that he or she was
unaware the driver was suspended or revoked. This remedy shall not be
available when the owner has received a prior release under this
subsection or RCW 46.55.120(1)(a)(ii). In the event that the owner or
11 Revise KCC 9.39
Towing Ordinance
24
designee cannot be contacted in a reasonable and timely manner, or is not
reasonably available, then he or she may immediately redeem the vehicle
he or she owns upon payment of towing, removal, and storage costs.
5. Nothing in this section may derogate from the powers of
police officers under the common law.
6. For the purposes of this section, "farm transport vehicle"
means a motor vehicle owned by a farmer and that is being actively used
in the transportation of the farmer's or another farmer's farm, orchard,
aquatic farm, or dairy products, including livestock and plant or animal
wastes, from point of production to market or disposal, or supplies or
commodities to be used on the farm, orchard, aquatic farm, or dairy, and
that has a gross vehicle weight rating of 7,258 kilograms (16,001 pounds)
or more.
E. Sale of vehicle. Any vehicle impounded pursuant to this section shall
be subject to the sale provisions of RCW 46.55.130 and other applicable
statutes, as now enacted or hereafter amended.
F. Authority to enforce. The chief of police, or his or her designee, and
the court are hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this section.
Sec. 9.39.040. Authorization to impound. When an officer
authorizes the impound of a motor vehicle pursuant to this chapter, such
authorization shall state the basis for the impound; the ordinance or
statute which authorizes the impound; the date, time, and place of the
impound; and the officer who authorized the impound. Such authorization
shall be delivered to the towing contractor within twenty-four (24) hours of
12 Revise KCC 9.39
Towing Ordinance
25
the impoundment. The towing contractor shall deliver the authorization to
impound to the registered and legal owners of the vehicle with the other
required information and within the time period required by RCW
46.55.110.
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA ]ACOBER, CITY CLERK
APPROVED AS TO FORM:
13 Revise KCC 9.39
Towing Ordinance
26
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2012.
APPROVED: day of , 2012.
PUBLISHED: day of , 2012.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\QvAOrdmance\Towing Ordinance Amend 9 39 docx
14 Revise KCC 9.39
Towing Ordinance
27
POLICE DEPARTMENT
Ken Thomas, Chief of Police
\
Z KFNT Phone: 253-856-5888
w ,....... Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: February 14, 2012
TO: Public Safety Committee
SUBJECT: Police Department Update - INFO ONLY
MOTION: NONE
SUMMARY: Chief of Police, Ken Thomas, will provide an update on the Police
Department.
Public Safety Committee KPD update
February 14, 2012
r
28
This page intentionally left blank.
Thompson, Jolene
From: Thompson, Jolene
Sent: Monday, February 13, 2012 12 46 PM
To: Albertson, Elizabeth, Boyce, William, Higgins, Dennis, Ranniger, Deborah, Ralph, Dana;
Perry, Jamie, Thomas, Les, Steve Hunter (shunter@kentreporter com),
'DBox@kentreporter com'
Cc: Jacober, Brenda, Simmons, Mary
Subject City of Kent Public Safety Committee meeting time change 2012
Attachments: NOTICE OF COUNCIL COMMITTEE meeting changes doc
Please note the time change for the future Public Safety Committee meetings from 5 :00 PM to
4:30 PM the second Tuesday of the month, effective February 14, 2012.
Please contact me if you have any questions.
i
to Thompson, Administrative Assistant
Administrationl Police Department
220 Fourth Avenue South, Kent, WA 98032
ram ' Main 253-856-5800 1 Direct 253-856-5890
_ KENT ithompson@KentWA gov
k. ,.a.�. www.KentWA.gov r]7, a
PLEASE CONSIUkh ,z I rNVIRONMENT BEFORE PRINTING THIS E-MAIL
1
�••/ KENT
NOTICE OF COUNCIL COMMITTEE
MEETING CHANGE
NOTICE IS HEREBY GIVEN that the Public Safety Committee
of the Kent City Council is changing its regular meeting time
from 5:00 p.m. on the second Tuesday of each month to
4:30 p.m. on the second Tuesday of each month, beginning
February 14, 2012.
NOTICE IS ALSO GIVEN that the Public Safety Committee of
the City Council has changed its membership. The Chair of
the Committee is now Bill Boyce, and members are Les
Thomas and Dana Ralph effective January 3, 2012.
All committee meetings are held in the Council Chambers
East, Kent City Hall, 220 4th Avenue South, Kent, unless
otherwise noted.
Any person requiring a disability accommodation should
contact the City Clerk's Office in advance at 253-856-5725.
For TDD relay service, call Washington Telecommunications
Relay Service at 1-800-833-6388.
Jo Thompson, Secretary
Public Safety Committee
i
{
i
III
Thompson, Jolene
From: Thompson, Jolene
Sent: Monday, February 13, 2012 12 46 PM
To. Albertson, Elizabeth, Boyce, William, Higgins, Dennis, Ranniger, Deborah, Ralph, Dana,
Perry, Jamie, Thomas, Les, Steve Hunter(shunter@kentreporter com),
DBox@kentreporter com
Cc: Jacober, Brenda, Simmons, Mary
Subject: City of Kent Public Safety Committee meeting time change 2012
Attachments: NOTICE OF COUNCIL COMMITTEE meeting changes doc
Please note the time change for the future Public Safety Committee meetings from 5 :00 PM to
4.30 PM the second Tuesday of the month, effective February 14, 2012.
Please contact me if you have any questions.
I
Jo Thompson, Administrative Assistant
Administration) Police Department
!717lil 220 Fourth Avenue South, Kent, WA 98032
o Main 253-856-5800 1 Direct 253-856-5890
KE14T )thomoson@KentWA gov
#63Ys1.4'/d.f
www.KentWA.gov
PLEASE CONSIULti THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL
t