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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 1 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. This page intentionally left blank• 1 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 2 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 4 This page intentionally left blank. 5 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 8 This page intentionally left blank 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 ' 11 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 12 This page intentionally left blank. , I 13 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). 1 Revise KCC 9.39 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. 2 Revise KCC 9.39 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, 4 Revise KCC 9.39 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. 6 Revise KCC 9.39 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 7 Revise KCC 9.39 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. 8 Revise KCC 9.39 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