Chapter 10.02
CIVIL IMPOUND AUTHORIZATION, NOTICES, AND STATE MONETARY PENALTY SCHEDULE FOR INFRACTIONS
Sections:
10.02.010 Authority and written notice requirement.
10.02.020 Notice posting periods.
10.02.010 Authority and written notice requirement.
A. Law enforcement officers commissioned by the city of Blaine are authorized to impound vehicles on public rights-of-way and public property that are in violation of any part of this chapter upon certification the officer had cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter, and subject to the limitations of this chapter.
B. To conduct an impound the Blaine police must issue a written notice of infraction or citation for a violation under this chapter which can be effected by delivery of the notice or citation to the owner, driver or person in charge of the vehicle, or the conspicuous posting of the parking citation or notice on the vehicle or trailer. This requirement does not apply to impounds related to criminal investigations or intended to affect or change any requirements involving the taking of property into custody or impound pursuant to a criminal or state licensing violation. This requirement does not apply to emergencies per BMC 10.02.020(E). (Ord. 2998 § 1 (Exh. A), 2023)
10.02.020 Notice posting periods.
A. Except for violations otherwise specified below, if the vehicle or trailer is again, or continues to be, in violation 24 hours subsequent to the issuance of an infraction or notice, it may be impounded at the direction of any authorized law enforcement officer.
B. In regard to vehicles or trailers parked in violation of disability parking regulations, they may be impounded 30 minutes subsequent to the issuance of an infraction or notice at the direction of any authorized law enforcement officer.
C. In regard to vehicles parked in violation of BMC 10.12.050 regarding fire safety markings and infrastructure, they may be immediately impounded at the direction of any authorized law enforcement officer.
D. In regard to vehicles parked in violation of BMC 10.12.080(B) regarding automobiles, trucks, vehicles, or trailers stored on city streets, they may be impounded 72 hours subsequent to the issuance an infraction or notice at the direction of any authorized law enforcement officer.
E. In the event of a public emergency, such as crime, fire or medical necessity, any vehicle in violation of this chapter may be impounded or moved immediately upon the public need for the space and may be cited after the immediate emergency passes.
F. The owner of any vehicle or trailer impounded under this section shall be responsible for all costs associated with the removal and storage as provided in Chapter 46.55 RCW, herein adopted. These costs shall be in addition to any fines and penalties assessed for the parking violation. (Ord. 2998 § 1 (Exh. A), 2023)
10.02.030 Monetary penalties – State statute regarding civil infraction penalty classifications and restitution adopted.
RCW 7.80.120, as drafted and amended hereafter, is adopted by reference into the Blaine Municipal Code and applicable throughout wherever Class 1, Class 2, Class 3, or Class 4 infractions are explicitly referenced. (Ord. 2998 § 1 (Exh. A), 2023)