Chapter 10.08
IMPOUNDMENT OF VEHICLE FOR LICENSING AND DUI VIOLATIONS
Sections:
10.08.020 Impound authority of police department.
10.08.030 Impound for driving while license suspended requirements.
10.08.050 Redemption of impounded vehicle.
10.08.060 Spouse of operator – Request for release based on hardship.
10.08.070 Deposit for removal, towing and storage cost.
10.08.090 Holders of perfected security interests in vehicle.
10.08.110 Notice of right to hearing.
10.08.130 Disposal of impounded vehicle not claimed.
10.08.140 Auction requirements.
10.08.150 Adoption of Chapter 46.55 RCW.
10.08.010 Definitions.
Except as otherwise provided, the definitions set forth in RCW 46.55.010 are adopted for use in this chapter.
A. “Department” means the state of Washington Department of Licensing. (Ord. 2469 § 1(A), 2000)
10.08.020 Impound authority of police department.
For purposes of this chapter, whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 (driving under the influence), RCW 46.61.504 (physical control of a vehicle while under the influence), RCW 46.20.005 (operating a vehicle without a valid driver’s license), RCW 46.20.005 (operating a motor vehicle while driver’s license expired more than 90 days), RCW 46.20.342 (driving while license suspended or revoked), or RCW 46.20.420 (operation of motor vehicle under other license or permit while license is suspended or revoked), the vehicle is subject to impoundment. Nothing in this section shall be construed to limit any officer’s authority to impound a vehicle for other lawful reasons as provided by law. [See RCW 46.55.113] (Ord. 2469 § 1(B), 2000)
10.08.030 Impound for driving while license suspended requirements.
If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1)(a) or (1)(b) (driving while license suspended/revoked), the vehicle may be held for 30 days at the written direction of the Blaine police department. However, if the Department’s records, or the records of an agency in a jurisdiction other than Washington with authority to issue or suspend or revoke a driver’s license, show that the operator has been convicted of a violation of RCW 46.20.342(1)(a) or (1)(b) or a similar local ordinance within the past five years, the vehicle shall be held at the written direction of the Blaine police department for up to 60 days, and for up to 90 days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342 (driving while license suspended/revoked), the vehicle may not be released until a person eligible to redeem it under this chapter satisfies the requirements of this chapter, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by the Blaine police department. [See RCW 46.55.120(1)(a)] (Ord. 2469 § 1(C), 2000)
10.08.040 Impound requirements for driving under the influence or physical control of a vehicle while under the influence.
If the driver of a vehicle is arrested for a violation of RCW 46.61.502 (driving under the influence) or RCW 46.61.504 (physical control of a vehicle while under the influence) and is the registered owner of the vehicle, the vehicle shall be held for not less than 48 hours at the written direction of the Blaine police department. Notwithstanding this section, a tow operator shall not release a vehicle to any person he knows or should know is under the influence of alcoholic beverages or controlled substances. The vehicle may not be released until the owner or a person eligible to redeem it under this chapter satisfies the requirements of this chapter, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by the Blaine police department. (Ord. 2469 § 1(D), 2000)
10.08.050 Redemption of impounded vehicle.
Vehicles or other items of personal property registered or titled with the Department that are impounded by registered tow truck operators pursuant to BMC 10.08.020 may be redeemed only under the following circumstances:
Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle’s insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the Department, or one who has purchased a vehicle or item of personal property registered or titled with the Department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the Department. A vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) (driving while license suspended or revoked) shall not be released until a person eligible to redeem it under this chapter satisfies the requirements of this chapter including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered the Blaine police department.
If the Department’s records show that the operator has been convicted of a violation of RCW 46.20.342 (driving while license suspended or revoked) or a similar local ordinance within the past five years, the vehicle shall be held for 30 days at the written direction of the Blaine police department. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the Blaine police department or from a court having jurisdiction. (Ord. 2469 § 1(E), 2000)
10.08.060 Spouse of operator – Request for release based on hardship.
The spouse of an operator of a vehicle impounded for a violation of RCW 46.20.342 may petition the chief of the Blaine police department in writing for a release of the impounded vehicle on the basis of economic or personal hardship to the spouse. The chief of police of the Blaine police department or his/her designee may issue a written order to release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator’s criminal history and driving record. If a vehicle is released pursuant to this section, the spouse or owner shall remain liable and pay any removal, towing, storage fees along with any and all penalties, fines or forfeitures that are owed by the registered owner prior to the vehicle being released. [See RCW 46.55.120(1)(a)] (Ord. 2469 § 1(F), 2000)
10.08.070 Deposit for removal, towing and storage cost.
If the vehicle is directed to be held for a suspended license impound, a person who desires to redeem the vehicle at the end of the period of impound shall within five days of the impound at the request of the tow truck operator pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed suspended license impound. The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW 46.55.130(1). The security deposit required by this section may be paid and must be accepted at any time up to 24 hours before the beginning of the auction to sell the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner. [See RCW 46.55.120(1)(b)] (Ord. 2469 § 1(G), 2000)
10.08.080 Rental cars.
Notwithstanding other provisions of this chapter, a rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound or a driving while under the influence or physical control of a vehicle while under the influence. [See RCW 46.55.120(c)] (Ord. 2469 § 1(H), 2000)
10.08.090 Holders of perfected security interests in vehicle.
Notwithstanding of this chapter, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with Chapter 62A.9 RCW, including providing redemption rights to the debtor under RCW 62A.9-506. If the debtor is the registered owner of the vehicle, the debtor’s right to redeem the vehicle under Chapter 62A.9 RCW is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. [See RCW 46.55.120(d)] (Ord. 2469 § 1(I), 2000)
10.08.100 Release of vehicle.
The vehicle or other item of personal property registered or titled with the Department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle, with credit being given for the amount of any security deposit paid under chapter. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.420 and was being operated by the registered owner when it was impounded under this chapter, it must not be released to any person until the registered owner establishes with the Blaine police department or the court having jurisdiction that any penalties, fines, or forfeitures owed by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer’s bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within 10 days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney’s fees. [See RCW 46.55.120(1)(e)] (Ord. 2469 § 1(J), 2000)
10.08.110 Notice of right to hearing.
The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the Department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person’s signature that such notification was provided. [See RCW 46.55.120(2)(a)] (Ord. 2469 § 1(K), 2000)
10.08.120 Hearings.
Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the Blaine municipal court to contest the validity of the impoundment or the amount of towing and storage charges. The Blaine municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the city of Blaine. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the clerk of the Blaine municipal court within 10 days of the date the opportunity was provided for in this chapter and more than five days before the date of the auction. At the time of the filing of the hearing request, the petitioner shall pay to the of clerk the Blaine municipal court a filing fee in the same amount required for the filing of a suit in Whatcom County district court. If the hearing request is not received by the court within the 10-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely written hearing request, the court shall proceed to hear and determine the validity of the impoundment. [See RCW 46.55.120(2)(b)]
The Blaine municipal court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the Department, and the person or agency authorizing the impound in writing of the hearing date and time. [See RCW 46.55.120(3)(a)]
At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer’s personal appearance at the hearing. [See RCW 46.55.120(3)(b)]
At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates. [See RCW 46.55.120(3)(c)]
If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing. [See RCW 46.55.120(3)(d)]
If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the Department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the city of Blaine shall be liable for any towing, storage, or other impoundment fees permitted under this section. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the Department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than $50.00 per day, against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the city of Blaine are not liable for damages if the officer relied in good faith and without gross negligence on the records of the Department in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license. If any judgment entered is not paid within 15 days of notice in writing of its entry, the court shall award reasonable attorneys’ fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: _______
YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the Blaine Municipal Court located at _______ in the sum of $____, in an action entitled __________, Case No. ____. YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW _____ if the judgment is not paid within 15 days of the date of this notice.
DATED this ___ day of _____, (year) ___.
Signature _________________
Typed name and address of party
mailing notice
[See RCW 46.55.120(3)(e)] (Ord. 2469 § 1(L), 2000)
10.08.130 Disposal of impounded vehicle not claimed.
Any impounded abandoned vehicle or item of personal property registered or titled with the Department that is not redeemed within 15 days of mailing of the notice of custody and sale as required by RCW 46.55.110(3) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the Department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees. [See RCW 46.55.120(4)] (Ord. 2469 § 1(M), 2000)
10.08.140 Auction requirements.
The notice and auction requirements for impounded vehicles contained in RCW 46.55.130 are hereby adopted. [See RCW 46.55.130] (Ord. 2469 § 1(N), 2000)
10.08.150 Adoption of Chapter 46.55 RCW.
Except as specifically provided to the contrary, the provisions of Chapter 46.55 RCW apply to the towing and impounded of motor vehicles. (Ord. 2469 § 1(O), 2000)