1915 - Ordinance - Amending Chapter 10.72 Removal and Redemption of Impounded VehiclesORDINANCE NO. 191S
AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING
CHAPTER 10.72 OF THE MUNICIPAL CODE REGARDING THE
REMOVAL AND REDEMPTION OF IMPOUNDED VEHICLES IN
COMPLIANCE WITH REVISED CHAPTER 46.55 RCW.
WHEREAS, the Washington legislature has enacted and the Governor has
signed into law certain amendments to chapter 46.55 RCW regarding the requirements for
removal and redemption of impounded vehicles; and
WHEREAS, the City Council desires to amend chapter 10.72 of Port Orchard
Municipal Code in order to conform to the amended state law•, now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES 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 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, 46.20.345, 46.61.502,
Ordinance No. 1915
Page 2 of 5
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 46.20.342 or similar local
ordinance within the past five years, then the vehicle may be released
as soon as all 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 shall 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 shall 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 shall 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 shall
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
shall 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. Section 10.72.035 of the Port Orchard Municipal Code is
amended to read as follows:
Ordinance No. 1915
Page 3 of 5
10.72.035 Authority to impound — Additional situations.
In addition to the situations set forth in RCW 9A.88.140 and RCW
46.55.113, a vehicle may be impounded at the discretion of the law
enforcement officer, with or without citations and without giving prior
notice to its owner, when the vehicle is stopped, standing, or parked in
violation of WAC 308-330-439, 308-330-442, 308-330-445, 308-330-
457, or POMC 10.60.030.
SECTION 3. Section 10.72.040 of the Port Orchard Municipal Code is
amended to read as follows:
10.72.040 Redemption of impounded vehicles.
Vehicles impounded by the city shall be redeemed only under the
following circumstances:
(1) Only 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
person redeeming a vehicle impounded pursuant to POMC 10.72.030
must, prior to redemption, establish that he or she has a valid driver's
license, is in compliance with RCW 46.30.020 and has paid a $100.00
administrative fee to the Port Orchard municipal court. A vehicle
impounded pursuant to POMC 10.72.030(4) through (9) can be
released only pursuant to a written order from the court.
(2) Any person so redeeming a vehicle impounded by the city
shall pay the towing contractor for costs of impoundment removal,
towing and storage prior to redeeming such vehicle, except as provided
for by subsection (3) of this section. Such towing contractor shall
accept payment as provided in RCW 46.55.120(1)(b) as now or
hereafter amended. If the vehicle was impounded pursuant to POMC
10.72.035 and was being operated by the registered owner when it
was impounded, it may not be released to any person until all
penalties, fines or forfeitures would by the registered owner have been
satisfied.
(3) Either the agency that ordered the vehicle impounded or
the Port Orchard municipal court is authorized to release a vehicle
impounded pursuant to POMC 10.72.030(4) through (8) prior to the
expiration of any period of impoundment. However, the agency may
only order early release upon the basis of the following:
Ordinance No. 1915
Page 4 of 5
(a) A petition of the spouse of the driver based on economic or
personal hardship to such spouse resulting from the
unavailability of the vehicle and after consideration of the threat
of public safety that may result from release of the vehicle
including, but not limited to, the driver's criminal history, driving
record, license is authorized; or
(b) The owner of the vehicle was not the driver, the owner did
not know that the driver's license was suspended or revoked,
and the owner has not received a prior release under this
subsection or POMC 10.72.030(2).
Other than for the reasons for release set forth in (3)(a) and
(3)(b) of this subsection, the agency shall deny release in all
other circumstances without discretion. The person redeeming
the vehicle still must satisfy the requirements of subsections (1)
and (2) of this section. The court may waive any or all of the
administrative fee.
(4) Any person seeking to redeem a vehicle impounded as a
result of a parking or traffic citation has aright to a municipal court
hearing to contest the validity of an impoundment or the amount of
removal, towing, and storage charges is such request for hearing is in
writing, in a form approved by the Port Orchard municipal court and
signed by such person, and is received by the Port Orchard municipal
court within 10 days (including Saturdays, Sundays, and holidays) of
the date the notice was given to such person by the registered tow
truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall
be provided as follows:
(a) If all of the requirements to redeem the vehicle, including
expiration of any period of impoundment under POMC
10.72.030, have been satisfied, then the impounded vehicle
shall be released immediately and a hearing as provided in
POMC 10.72.050 shall be held within 90 days of the written
request for hearing.
(b) If not all of the requirements to redeem the vehicle,
including expiration of any period of impoundment under POMC
10.72.030, have been satisfied, then the impounded vehicle
shall not be released until after the hearing provided pursuant
to POMC 10.72.050, which shall be held within five business
days (excluding Saturdays, Sundays, and holidays) of the
written request to the court for hearing.
Ordinance No. 1915
Page 5 of 5
(c) Any person seeking a hearing who has failed to request
such hearing within the time specified in subsection (4) of this
section may petition the Port Orchard municipal court for an
extension of time to file a request for hearing. Such extension
shall only be granted upon the demonstration of good cause as
to the reason(s) the request for hearing was not timely filed.
For 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 person
receiving such extension shall be granted a hearing in
accordance with this chapter.
(d) If a person fails to file a timely request for hearing and no
extension to file such a request has been granted, the right to a
hearing is waived, the impoundment and the associated costs
of impounded are deemed to be proper, and the city shall not
be liable for removal, towing, and storage charges arising from
the impoundment.
SECTION 4. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance is declared unconstitutional or invalid for any reason, such
invalidity shall not affect the validity or effectiveness of the remaining portions of this
ordinance.
SECTION S. This Ordinance shall be in full force and effect five (5)
days after posting and publication as required by law. A summary of this Ordinance may be
published in lieu of the entire Ordinance, as authorized by State law.
PASSED by the City Council of the City of Port Orchard, APPROVED by
the Mayor and attested by the Clerk in authentication of such passage this 13th day of
October, 2003.
ATTEST:
t
arol 0tgein, CitljClerk
APPROVED AS TO FORM:
i
A;
-D4 L4�
LESLIE J. WEATHERILL, MAYOR
Sponsored by:
Todd Cramer, Councilman
NOTICE 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 October 13, 2003.
ORDINANCE NO. 1915
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 10.72 OF THE MUNICIPAL CODE REGARDING
THE REMOVAL AND REDEMPTION OF IMPOUNDED VEHICLES IN
COMPLIANCE WITH REVISED CHAPTER 46.55 RCW.
Copies of Ordinance No. 1915 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. 1915 will be
provided at a nominal charge.
City ofPort
pOrrchh�ard (t
X„/` Ill ^'�\'
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
October 22, 2003
I{1�ealsidiisc>vadr��ins'biir� cam.. _