HomeMy WebLinkAbout3004Ordinance No. 3004
["Beginning July 1, 199811]
(Amending or Repealing Ordinances)
Repealed by Ord. 3464
ORDINANCE NO. 3 0 0 7
AN ORDINANCE of the City of Kent,
Washington, relating to the towing and
impoundment of vehicles, authorizing local
impound situations upon the public right-of-
way or other publicly controlled property,
establishing a written form of the City's
authority to impound, and directing the
adherence by towing operators of all other
procedures related to towing, impound,
storage, redemption and sale of impound
vehicles as set forth in Chapter 46.55 RCW.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY
ORDAINS AS FOLLOWS:
Section 1. Title and Purpose. This ordinance shall be
known and cited as the Kent Towing Ordinance. The purpose of this
ordinance is to set forth certain situations in which unauthorized
or illegally parked vehicles shall be towed and impounded. This
ordinance shall supplement the authority granted to police officers
under Chapter 46.55 of the Revised Code of Washington (RCW).
Section 2. Definitions. The definitions set forth in
this section will apply throughout this ordinance:
A. "Abandoned vehicle" means a vehicle that a
registered tow truck operator has impounded and held in the
operator's possession for ninety-six consecutive hours.
B. "Impound" means the removal of a vehicle to a
storage facility upon the direction of either a public officer or
authorized agent of the Kent Police Department or by a contractor
for towing and storage in response to a request from a public
officer or authorized agent of the Kent Police Department.
C. "Vehicle" shall mean every device capable of being
moved upon a street or alley and in, upon, or by which any person
or property is or may be transported or drawn upon a street or
alley excepting devices moved exclusively by human or animal power
or used exclusively upon stationary tracks or rails.
Section 2. When a Vehicle May be Impounded Without Prior
Notice. A vehicle may be impounded with or without citation and
without giving prior notice to its owner as required in Section 5
of this ordinance only under the following circumstances:
A. When the vehicle is impeding or is likely to impede
the normal flow of vehicular or pedestrian traffic, or whenever a
police officer finds a vehicle standing upon the roadway in
violation of any of the provisions of RCW 46.61.560 (or as it may
be hereafter amended), the officer may provide for the removal of
the vehicle or require the driver or other person in charge of the
vehicle to move the vehicle to a position off the roadway; or
B. When the vehicle is illegally occupying a tow -away
zone, fire lane, loading zone, bus, hooded -meter, taxi, or other
similar zone, where, by order of the Director of Public Works, or
Chiefs of Police or Fire, parking is limited to designated classes
of vehicles or is prohibited during certain hours, on designated
days or at all times, and where such vehicle is interfering with
the proper and intended use of such zones; or
C. When the vehicle poses an immediate danger to the
public safety; or
D. Whenever a police officer finds an unattended
vehicle at the scene of an accident or when the driver of a vehicle
involved in an accident is physically or mentally incapable, or too
intoxicated, to decide upon steps to be taken to protect his or her
property; or
E. Whenever the driver of a vehicle is arrested and
taken into custody by a police officer, and the driver, because of
intoxication or otherwise, is mentally incapable of deciding upon
steps to be taken to safeguard his or her property; or
F. Whenever a police officer discovers a vehicle that
the officer determines to be a stolen vehicle; or
G. Whenever a police officer has probable cause to
believe that the vehicle constitutes evidence of a crime or
contains evidence of a crime, if impoundment is reasonably
necessary in such instance to obtain or preserve such evidence; or
H. Whenever a vehicle without a special license plate,
card, or decal indicating that the vehicle is being used to
transport a disabled person pursuant to RCW 46.16.381, is parked in
a stall or space clearly and conspicuously marked under RCW
46.61.381 which space is provided on private property without
charge or on public property; or
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I. Whenever a police officer directs impoundment
pursuant to a court order; or
J. When the unauthorized vehicle is parked on private
residential property, and the owner or his/her designee authorizes
its removal in writing; or
K. When the unauthorized vehicle is parked on private,
nonresidential property, which has been properly posted pursuant to
RCW 46.55.070.
L. Nothing in this section may derogate from the powers
of police officers under the common law. Nothing in this section
shall be construed to authorize seizure of a vehicle without a
warrant where a warrant would otherwise be required.
Section 3. When a Vehicle May be Impounded After Notice.
A vehicle not subject to impoundment under Section 2 of this
ordinance may be impounded after notice of such proposed
impoundment has been securely attached to and conspicuously
displayed on the vehicle for a period of twenty-four (24) hours
prior to such impoundment, for the following reasons:
A. When such vehicle is parked and/or used in violation
of any law, ordinance or regulation; or
B. When such vehicle is so mechanically defective as to
be unsafe for operation; provided, however, that this section shall
not be construed to prevent the operation of any such defective
vehicle to a place for correction of the equipment defect in the
manner directed by any police officer; or
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C. When such vehicle has been abandoned or left
unattended on a highway and tagged as described in RCW 46.55.085;
or
D. When such vehicle has been parked or stored on
private, nonresidential property, which property has not been
posted in the manner described in RCW 46.55.070.
Section 4. How Impoundment is to be Effected._
A. When impoundment is authorized by this ordinance, a
vehicle may be impounded either by an officer, an authorized agent
of the Police Department, other public official with jurisdiction,
or by a contractor for towing and storage acting at the request of
such officer or official.
B. The officer, authorized agent of the Police
Department or public official of the City requesting the impound
shall provide a signed authorization for the impound at the time
and place of the impound to the registered tow truck operator
before the operator may proceed with the impound.
Section 5. Owner of Impounded Vehicle to be Notified.
At the time of impoundment, the towing operator shall
notify the vehicle's owner and the Police Department, all as
provided in Chapter 46.55 RCW.
Section 6. Redemption Abandonment and Sale of Impounded
Vehicles. Vehicles impounded by the towing operator shall be
redeemed or sold as set forth in Chapter 46.55 RCW.
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Section 7. Violations Constituting Abandoning --
Evidence -- Penalty.
A. No person shall wilfully leave an abandoned vehicle
on private property for more than twenty-four (24) hours without
the permission of the person having the right to possession of the
property, or a wrecked, dismantled or inoperative vehicle or
automobile hulk on a street, alley or way open to the public for
twenty-four (24) hours or longer without notification to the Chief
of Police of the reasons for leaving the motor vehicle in such a
place. Any such vehicle or hulk may be cited, towed and impounded
as provided for in this ordinance. For the purposes of this
section, the fact that a motor vehicle has been so left without
permission or notification is prima facie evidence of abandonment.
B. Any person found to have abandoned a vehicle or hulk
shall, in addition to any penalty imposed, also be assessed any
costs incurred by the City in towing or disposing of such abandoned
vehicles or hulks, less any monies accruing to the City from such
disposal.
Section 8. Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, section or portion
of this ordinance, or the invalidity of the application thereof to
any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to
other persons or circumstances.
N.
Section 9. Effective Date. This ordinance shall take
effect thirty (30) days from and fter its passage, approval and
publication as provided by law. \t
KELLEHER, MAYOR
IATTEST:
/J `r
BRENDA JACOBER, DE TY CITY CLERK
i
APPROVED AS TO FORM:
-1�05d%k A. LLTDOVT®RRSY
PASSED the je day of 7 l�` �, 1991.
APPROVED the day of (' ��-� , 1991.
PUBLISHED the day of , 1991.
I hereby ce tify that this is a true and correct 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.
I
r
I t �� :. z_- CL L `�`a •' (SEAL)
BRENDA JACO$R, EPUTY CITY CLERK
towing.ord /
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