HomeMy WebLinkAbout4427ORDINANCE NO. 4427
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.39 of
the Kent City Code, entitled "Towing," to make
clarifying revisions to the City's local code
provisions.
RECITALS
A. In the event vehicles are located within public areas where they
present a hazard to the public who use roadways or other public spaces,
block driveway access, or unlawfully occupy parking reserved for the public,
police officers must evaluate and determine if it is necessary to have them
towed. In making that determination, officers apply the provisions of
Chapter46.55 of the Revised Code of Washington ("RCW"), adopted through
the Model Traffic Ordinance in Chapter 308-330 of the Washington
Administrative Code (*WAC') and Kent City Code (*KCC') section 9.36.010'
Those provisions include a right for the vehicle's registered owner, or others
authorized under the law to redeem a towed vehiclel, to request a non-jury
hearing before the Kent Municipal Court to challenge the validity of the tow
or the impound and storage costs imposed by the tow company. See, KCC
9.36.010, WAC 308-330-406, and RCW 46'55.L2O.
I Vehicles towed under Ch.46.55 RCW may be redeemed by, among others: the registered owner; the
legal owner; a person authorized in writing by the registered owner; the vehicle's insurer or its
au'thorized u"ndo.; and a person who has purchased the vehicle and provides proof of ownership or
written authorization and signs a receipt. See RCW 46.55.120(l).
Amend Ch.9.39 KCC
Re: Towing
1
B. Chapter 9.39 of the KCC, entitled "Towing", is where Kent's
local tow provisions are located, including the process for requesting a tow
hearing in the Kent Municipal Court. Specifically, the provisions currently
codified at KCC 9.39,030 address the period of impoundment that may be
imposed when a driver is arrested for driving while their license is suspended
or revoked in the first or second degree, or driving under another
jurisdiction's license when their license to drive in Washington has been
suspended or revoked. To ensure it is clear that this right to a hearing is
enjoyed by all individuals whose vehicles are towed, this ordinance amends
Ch. 9.39 of the KCC to create a new standalone section concerning the
appeal rights afforded to all tows and impounds made within the City of
Kent.
C. This ordinance also amends KCC 9.39,020 to clarify that an
officer's decision to tow a vehicle is remedial in nature and not intended to
punish the driver or registered owner, unless the tow also involves a
mandatory hold as the law may authorize for some criminal law violations.
Instead, the goal served by an officer's decision to tow a vehicle is to
preserve the public health, safety, and welfare by removing obstructions,
hazards in public ways and parks, and securing and protecting personal
property, As such, amended KCC 9.39.020 provides that if an officer elects
to tow a vehicle, the officer shall not additionally issue an infraction for any
civil violation that may also exist at the time the tow decision is made and
related solely to the manner in which the vehicle is parked or otherwise
located. The tow remedy is simply to free the public way or space of the
hazard or obstruction created by unauthorized or abandoned vehicles. Costs
associated with a vehicle's tow and impoundment are not paid to or
recovered by the City and are simply meant to allow a private tow company
to recoup its costs of performing a public service. The state legislature has
Amend Ch.9.39 KCC
Re: Towing
2
determined that the financial responsibility for these costs presumptively
rests with the registered owner of the vehicle towed, as opposed to the
public.
NOW, THEREFORE, THE CIry COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 7. - Amendment - KCC 9.39. Chapter 9,39 of the Kent City
Code, entitled "Towing," is amended as follows:
chapter 9.39
Towing
Sec. 9.39.O1O. +i+le+na+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.Other tha imoounds
licensing, registration, inspection, or insurance violations.
3 Amend Ch.9.39 KCC
Re: Towing
Sec. 9.39.O2O. Removal by police officer. The law allows a police
needed
ereffieFreme\d to a place of safety= In addition to those tows and impounds
be towed if it is found anding or
parked in violation of RCW 46.6L.57O
Sec, 9.39.O3O. Impoundment for ffiivet
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 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.
Z. 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.
Amend Ch.9.39 KCC
Ret Towing
4
B, Impoundment Periods.
1. If a vehicle is impounded because the driver is arrested for a
violation of RCW 46.20.3a2(1Xc) (driving while license suspended or
revoked in the third degree) or 46.2O.345, the vehicle shall be redeemable
immediately pursuant to subsection (B)(6) of this section'
2. If a vehicle is impounded because the driver is arrested for a
violation of RCW 46.20.3a2(1Xa) (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 46.2O.342(1Xa) or (b) or equivalent local
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 46.2O.3a2G)G) or (b) and the Washington Department of
Licensing's records show that the driver has been convicted of a violation of
RCW 46.2O.342(L)(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
Amend Ch.9.39 KCC
Re: Towing
5
an impounded vehicle. A towing com NV €entFaeEer-ma y 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 towit+g company eentraeteris confirming authorization.
6. Prior to redeeming the impounded vehicle, any person
redeeming a vehicle impounded pursuant to this section shall pay the towing
comD anv €entFaeteFfor the costs of impoundment, including removal,
towing, and storage fees accrued as a result of the impoundment. The
towing company €entFEleteF-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
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.
Winq.-
Amend Ch,9.39 KCC
Re: Towing
6
ffi
to this seetion has a righE to a hearhrg in the l(ent munieipal eourE withoHt a
impoundment or the amount ef removal; towing; and storag€ feeS, A F€rson
ing'
munieipal eourt within ten (10) days of the date the notiee of impoundment
46,55,12e(2)(a), whiehever is later, At the time ef the filing of the re9uest
the date, time, and loeatien of the hearing to the registered and legal owners
of the vehiele or other item of personal property registered or titled with the
+ftg
Amend Ch.9.39 KCC
Re: Towing
7
e: Any person seeking a hearing who has failed to reqHest
46:55:119r 46:55;13er and other applieable StatHtes as now enaeted or
hereafEer amended, For the purposes of this seetion; "good eause" shall be
In the event sueh extension is granted; the date of granting the extension
shall be treated as
the vehiele eaused by the delay in the hearing shall be paid by the person
ffi
d, If a person fails to file a request for hearing within the
Amend Ch.9.39 KCC
Re: Towing
B
deeument er eerres
munieipal eourt, who shall determine whether the impsundment was FroPer
traffie infraetion; the authorization to impound ereated pursuant to l(€€
t{rry
rnformatien; witn
lieense to drive a motor vehiele; the proper period of impoundment; or the
may subpoena witnesses; ineluding the offieer; and has the right to present
7. The burden of proof is upon the eity to establish that the
impound was proper by a preponderanee ef the evidenee,
vehiele shall be released only after the applieable impound period has
this seetion have been satisfied, The eourE shall grant time payments onlY
in the eases of extreme finaneial need; and only after a finding of sueh
Amend Ch.9.39 KCC
Re: Towing
9
refund by the eity of the eosts of impoundment' If the impoundment is
@
but the removal, towing; storage; or administrative fees eharged for
the eourt shall determine the eorreet fees to be eharged, If the eosts of
tfig
ion=
E-.e. Economic or personat hardship Petition
er rcnaer witn eerfe
vee+ercs--fxeeetiens.-*. The court is authorized to release a vehicle towed
Amend Ch.9.39 KCC
Re: Towing
10
and impounded pursuant to this section prior to the expiration of any period
of impoundment
under KCC 9.39.030:
a. Tthe owner of the motervehicle who was not the driver,
p rovi d ed ne-or-sne-Lhefstates u n d e r pe n a lty of pe rj u ry th at*eorshev*as
thev were unaware the driver was sus pended or revoked at the time of
impoundment, or
b. of-a-A family member or dependent person of the driver
who is suffering based-r*pen-economic or personal hardship-Mamiry
member or dependent person resulting from due to the unavailability of the
vehicle,;-an#fEer
hearings requested under this chapter.
?Ma rc nanciAarart hv fha ttrl Tn nnncirlarinn a n afil-inn filarl
under th is section. the co rt shall consideration: (i) any Prior econ
hardship petition that may have been filed; (ii) otrthe threat to public safety
thatmayresultfromthereleaSeofthevehicle,includingffi
without limitation, the driver's criminal history, driving record, license status,
and access to the vehicle; and (iii) any other evidence relevant to the
petitioner's economic or personal hardship petition. If sceh-+elease-is
impound hold, the person redeeming the vehicle must satisfy the redemption
requirements of ion KCC
e.3e,030(BXs) and (6).
4. No duty created. The court's 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 other financial obligations
Amend Ch.9.39 KCC
Re: Towing
11
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-t#s-seetien KCC 9.39.050, 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 vehiele pursuant to this subseetion shall be available to an
owner or relative or dependent person of the driver one (1) time only:
owns upon payment of the eosts of removalr towingr and storage'
in the vehiele may immediately redeem or repossess a vehiele it owns HFon
farm transporE vehiele when the driver is not the owner of the vehiele; the
the owner has reeeived a prior release under this subseetion or R€W
Amend Ch.9.39 KCC
Re: Towing
T2
6, l-or the purposes of this seetion; "farm transport v€hiel€" rneans
vehiele weight rating of seven thousand two hundred fifty eight (7;258)
kilograms (sixteen thousand one (16r0e1) poHnds) or more;
E, Sa/e of yefir'ele, Any vehiele impounded pursuant to this seetion shall
Sec. 9.39.O4O. Notice of impouncl. When a vehicle is impounded.
or hereafter amended,
Sec. 9.39.O5O. Hearing to contest imoound or charoes. In
n
shall constitute a waiver of the right to a hearing.
Amend Ch.9.39 KCC
Re: Towing
13
A. A reouest for a hearing must:
Kent municioal court.
4. Bea moanied with the uired fi inq fee. At ime of filinq
10.101.010(3), as currently enacted or later amended.
B. The hearing shall be provided as follows:
date, ti e. and locatio of the hearin to the reqiste and leoal o ners of
V
(45) days of receipt of the written request.
Amend Ch.9.39 KCC
Re: Towing
I4
?A nrr nn caalzinn r harri na rrrhn lrrc frilad fn r racl- cr trh
and other applicable statutes as now enacted or hereafter amended'
a Fnr {-ha nr rrn^cac nf thic canfinn \\nnnrl n:t I
tt chall ha
rlafinad ac n irarrmc{-an^ac harrnnrl th aan{-rnl nf l-ha riarcrrn caalzinn fha
to be lawful or unlawful.
h lfa naFcnn frilc fn fila :ranr racf fnr ha.arinn rrritlrin fha
ch. 46.55 RCW.
c. For the purposes of this section, any computation of time
shall be in accordance with RCW 1.12.040.
r
Amend Ch.9.39 KCC
Re: Towing
15
document or correspondence filed with the court by the intended reciPient,
shall be an aooropriate and accurate address of the intended reciPient'
4. Hea nos qhall- at the disc on of the court.held hv a
municipal court, who shall determine whether the impoundment was ProPer
q Tha aar rrl. m2\, rnncir{ar {- lra nriminrl nifrfinn - nv nirril
4
facie evidence of the status of the driver's or contestant's license to drive a
infrrnf inn t n ar r{-hnrizrlinn fn imnnt t A rra>faA nr rrcr r>nl ln VC ao?onAn
rrahial #Ln nranar narinrl nf i narrndmanf nr fha nrrrn rclrin nf fha
cn c{.r{-inn Fnr inrnnt ,nr{c mrr{a r rnr{ar VCC O "o n?n fha
r
section may subpoena witnesses, including the officer. and has the right to
present evidence and examine witnesses present in court.
anfar ln
Amend Ch.9.39 KCC
Re: Towing
16
requirements of KCC 9.39.030(8)(5) and (6) have been satisfied. The court
T
Municipal Court under Ch. 9.39 KCC.
reimburse the filing fee to the payor.
same facts in a subsequent criminal prosecution'
only to hearings set pursuant to this section'
Sec. 9.39.O6OQ4O. Authorization to impound. When an officer
authorizes the impound of a motor vehicle pursuant to this chapter, such
Amend Ch.9.39 KCC
Re: Towing
t7
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 company eontraeterwithin twenty-four (24) hours
of the impoundment. The towing companyeontraeter 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.
Sec. 9.39.O7O. Authority to enforce. The chief of police. or their
resoond to calls for service.
SECTION 2, - Severabitity. 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'
E0TION 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; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
Amend Ch.9.39 KCC
Re: Towing
1B
SECTION 4. - Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage as provided by law.
DANA RALPH, M
Aoril 5. 2022
Date Approved
ATTEST:
KIMBERLEY MOTO, C RK
AP D AS TO FORM:
WHITE, ACTING CITY ATTORNEY
April 5,2O22
Date Adopted
April 8,2O22
Date Published
. A-l ...:'|1
. ,1,, .'1..1.'.-.-'.r>
. ,,i'.",:
Amend Ch. 9,39 KCC
Re: Towing
19
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subsuibers during the below stated period. The annexed
notice, a:
Public Notice #KENe518o4
was published on April 8, 2022
The full amount of the fee charged for said foregoing publication is the
sum of $73.96
Rudi
Vice President, Advertising
Subscribed and sworn to me this 8ft day of April'2022.
otary Public for the State of Washington, Residing in
Orting,Washington
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCE
PASSED BY THE CITY
COUNCIL
The following is the sum-
mary of an ordinanoe
passed by the Kent CitY
Councilon Apnl5,2O22.
ORDINANCE NO. 1427
-AN ORDINANCE ofthe
Gity Counoil of the Cityof Kent, Washington,
arnending Chapter 9.39
of the Kent City Code,
entitled Towing," lo
make clarifying revisions
to the City's local code
provisions. This ordi-
nance shall take effect
and be in loroe 30 daYs
fiom and afier its Pas-
sage as provided by law.
A copy of lhe compl€te
toxl of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komoto,
City Clerk
Kkomoto@KentWA.qov
253456-5725
#
4t8t22
Proofed by Jennifer Tribbett, 03/31/2022 03:38:03 pm Page:2