011-05 - Ordinance - Amending Section 10.72.030 Impoundment of Vehicles of Persons ArrestedNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held June 13, 2005,
ORDINANCE NO. 011-05
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING SECTION 10.72.030 OF THE PORT ORCHARD MUNICIPAL
CODE REGARDING IMPOUNDMENT OF VEHICLES OF PERSONS
ARRESTED.
Copies of Ordinance No. 011-05 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 011-05 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish. Port Orchard Independent
June 22, 2005
KitsaVj"als@soundpub ishing.corn
ORDINANCE NO. 011-05
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING SECTION 10,72.030 OF THE PORT ORCHARD
MUNICIPAL CODE REGARDING IMPOUNDMENT OF VEHICLES OF
PERSONS ARRESTED
WHEREAS, RCW 46.55.113 give police officers the discretion to impound a
vehicle when the driver is arrested for a violation of RCW 46.61.502, 46.61.504. 46.20.342 or
46.20.345` and
WHEREAS, it is necessary to amend POMC 10.72,030 to clarify that police
officers have such discretion, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Section 10.72.030 of the Port Orchard Municipal Code is amended
to read as follows:
10.72.030 Impoundment of vehicle where driver is arrested for
violation of RCW 9.68A.100, 9A.88.110, 46.20.005, 46.20.015,
46.20.342, 46.20.345, 46.61.502, 46.61.504 — Period of impoundment.
(1) Whenever the driver of a vehicle is arrested or cited for a violation of
RCW 46.20,005, 46.20.015, 46,20.342, 46.20.345, 46.61.502, 46.61.504, the
vehicle is subject to summary impoundment, pursuant to the terms and
conditions of this chapter or state agency rule at the direction of a police officer.
Upon an arrest for a suspected violation of either RCW 9.68A.100 or 9A.88.110
where a motor vehicle was used in the commission of that crime, if the person
has previously been convicted under either statute, the police officer will
impound the vehicle.
(2) When an arrest is made for a violation of RCW 46.20.342, if the vehicle
is a commercial vehicle and the driver of the vehicle is not the owner, before the
summary impoundment directed under subsection (1) of this section, 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 if the owner is reasonably
available, as long as the owner was not in the vehicle at the time of the stop and
arrest and the owner has not received a prior release under this subsection or RCW
46.55.120(a)(ii).
(3) Whenever the driver of a vehicle is arrested or cited for a violation of
RCW 46,20.005, 46.20,015, 46.30.345, 46.61,502, 46,61.504, or 46.20.342(1)(c)
and the driver has not been convicted one or more times of a violation of RCW
Ordinance No. 011-05
Page 2 of 3
46,20.342 or similar local ordinance within the past five years, then the vehicle may
be released as soon as ail the requirements of POMC 10.72.040 are satisfied.
(4) If a vehicle is impounded because the driver is arrested for a
violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing's
records show that the driver has been convicted one time of a violation of RCW
46.20.342 or similar local ordinance within the past five years, the vehicle may
be impounded for 15 days.
(5) If a vehicle is impounded because the driver is arrested for a
violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing's
records show that the driver has been convicted two or more times of a violation
of RCW 46.20.342 or similar local ordinance within the past five years, the
vehicle may be impounded for 30 days.
(6) 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 not been convicted of a violation of
RCW 46.20.342(1)(a) or (b) or similar local ordinance within the past five years,
the vehicle may be impounded for 30 days.
(7) 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 time of a
violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance once within the
past five years, the vehicle may be impounded for 60 days.
(8) 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 similar local ordinance two or more times within the
past five years, the vehicle may be impounded for 90 days.
(9) If a vehicle is impounded because the driver is arrested for a
suspended repeat violation of either RCW 9.68A.100 or 9A.88.110, the vehicle may
be impounded for up to 30 days.
SECTION 2. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this ordinance.
SECTION 3. This ordinance shall be in full force and effect five (5) days after
publication as required by law. A summary of this ordinance may be published in lieu of the
entire ordinance, in its entirety.
Ordinance No. 011-05
Page 3 of 3
PASSED by the City Council of the City of Port Orchard, signed by the Mayor and
attested by the City Clerk in authentication of such passage this 13th day of June 2005.