HomeMy WebLinkAbout3569Ordinance No. 3569
(Amending or Repealing Ordinances)
CFN-122 = Police/Fire Department
Passed 8/7/2001
Amending Sec. 9.39.030 relating to the 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.
Amends Ord. 3464
Amended by Ord. 4030
ORDINANCE NO. 3 5 6
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section 9.39.030
of the Kent City Code relating to the 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.
WHEREAS, Ordinance No. 3464, adopted July 6, 1999, repealed the
existing Chapter 9.39 of the Kent City Code and enacted a new Chapter 9.39 relating
to the towing of vehicles, including those vehicles driven by persons with suspended
licenses; and
WHEREAS, Section 9.39.030 of the Kent City Code makes numerous
references to RCW 46.20.420; and
WHEREAS, in the Fall of 1999, the Office of the Code Reviser
recodified RCW 46.20.420 to RCW 46.20.345. Accordingly, it is now necessary to
reflect this recodification in the Kent City Code;
WHEREAS, the removal of mandatory impound periods for persons
who drive with a suspended license in the third degree will deter such drivers from
committing future violations and will encourage them to obtain a valid license in a
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short period of time to prevent the additional costs for storage of the vehicle; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.39.030 of the Kent City Code, entitled
"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," is hereby amended to read as follows:
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.
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
6.''-.0 X420 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�0 RCW 46.20.345, and the W.,shingt,-.,, DepaFtme t of Lieensing
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r-eeer-ds show that the driver- has net been eeffvieted fer- a vielatien ef RCAA1 4 6.20.3 42-
46.20.420,er- e a en4 lege ,l efid .,. nee ,;d i the past five (5) year-,, the vehicle
shall be redeemable immediately pursuant to subsection (B)(9�6) of this section.
Milli
I M. -
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IN M.-
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, . ,IN
AWA
r ; r-eeefds show that the drive,. has been , lete two (2)er- more fif es of
a violation of RGW 46.20.342 ar- 46.20.420, er- eqttivaleii4 lieleal er-dinanee within the
past five (5) years,
42. 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 ordinance within the past five (5) years, the vehicle shall be impounded for
thirty (30) days.
-53. 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.
64. 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.
3 Towing/Impoundment
-75. 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 no
the tow company shall be responsible for any loss resulting from a delay during the
time in which the towing contractor is confirming authorization. A per -sell redeeming
a vehiele impounded pufsuant to this seetion must, prior- to r-edemptien, establish t
96. 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, towing, and storage fees accrued as a
result of the impoundment-peried. 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.and the
registered ownef establishes that heor- she h a valid driver's 1;
97. A vehicle impounded pursuant to this section may be searched
incident to the arrest of the driver, or 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.
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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 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.
5 Towing/Impoundment
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 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
6 Towing/Impoundment
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.
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 (B)(-7) (5) and (8) (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
7 Towing/Impoundment
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 eitytowing 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 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 — 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 a
family member or dependent person the-speuse of the driver based upon economic or
personal hardship to such family member or dependent person spettse 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 (8) L6) of this section. The
8 Towing/Impoundment
decision to release the vehicle pursuant to this subsection shall not create any duty to
protect any individual. The release of a vehicle pursuant to this subsection shall be
available to a relative or dependent person of the driver one (1) time only.
2. Pursuant to RCW 46.55.120, as now enacted or hereafter amended,
and netwithstanding the provisions of subseefien (B) ef this seetiei+, a rental car
business may immediately redeem a rental vehicle it owns prior to the expiration of
any period of impoundment 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 prior to the expiration of any period of
impoundment upon payment of the costs of removal, towing, and storage.
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.
SECTION Z — Severability. If any one or more sections,
subsections, or sentences of this Ordinance are 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.
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SECTION 3. Effective Date. This Ordinance shall take effect and be
in force thirty (30) days from and after its passage as provided
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, UTY CLERK
APPROVED AS TO FORM:
ER LUBOVICH, CITY A
PASSED: _7 day of '2001.
APPROVED: % day of , 2001.
PUBLISHED: /0 day of , 2001.
I hereby certify that this is a true copy of Ordinance No. 3-56
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
P \evil\Ordinance\Tow mglmpound-Revteion2 doc
11 7
4(SEAL)
BRENDA JACOV, CITY CLERK
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