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HomeMy WebLinkAbout3004Ordinance No. 3004 ["Beginning July 1, 199811] (Amending or Repealing Ordinances) Repealed by Ord. 3464 ORDINANCE NO. 3 0 0 7 AN ORDINANCE of the City of Kent, Washington, relating to the towing and impoundment of vehicles, authorizing local impound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 3 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 4 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. 5 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 / 7