Chapter 10.10
IMPOUNDING OF VEHICLES FROM PUBLIC STREETS OR PUBLIC PROPERTY
Sections:
10.10.010 Applicable state law.
10.10.030 Impoundment without prior notice.
10.10.040 Impoundment after notice.
10.10.050 Notice of redemption of towed vehicles.
10.10.060 Hearing rights and procedures.
10.10.070 Impoundment provisions implemented.
10.10.010 Applicable state law.
The provisions of this chapter are intended to authorize the impoundment of the vehicles in situations which may arise upon public rights-of-way or publicly owned or controlled property within the city limits of Castle Rock, including those authorized under Chapter 46.55 RCW. Applicable provisions of Chapter 46.55 RCW as now or hereafter amended, which have been adopted by reference pursuant to this title, apply to this chapter. [Ord. 2009-04 § 2, 2009].
10.10.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
“Impoundment” means the removal of a vehicle to a storage facility by a requested tow truck operator in response to a request from a law enforcement officer or a community service officer, according to the procedures set forth in this chapter and in Chapter 46.55 RCW.
“Law enforcement officer” means any commissioned police officer of the city or a community service officer authorized under the Castle Rock Municipal Code to enforce the provisions of this title.
“Registered tow truck operator” means the registered tow truck operator appointed in accordance with the Castle Rock police department policy.
“Unauthorized vehicle” means a vehicle which is parked in excess of 24 hours on a city street or on a city right-of-way or other publicly owned or controlled property within the city limits of Castle Rock, or a vehicle parked in violation of any law, ordinance or regulation.
“Vehicle” shall have the definitions set forth in RCW 46.04.670 and in addition shall include any junk vehicle as defined in RCW 46.55.010(4), as such statutes currently exist or as may be hereafter amended. [Ord. 2009-04 § 2, 2009].
10.10.030 Impoundment without prior notice.
A vehicle may be impounded with or without giving prior notice to its registered or legal owner under the following circumstances:
A. Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.342, 46.20.346, 46.61.502, or 46.61.504, the vehicle is subject to summary impoundment, pursuant to the terms and conditions of an applicable local ordinance or state agency rule at the direction of a law enforcement officer;
B. Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
C. Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
D. Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;
E. Whenever the driver of a vehicle is arrested and taken into custody by a police officer;
F. Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;
G. Whenever a vehicle without a special license plate, placard, or decal indicating that the vehicle is being used to transport a person with disabilities under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581, which space is provided on private property without charge or on public property;
H. Upon determining that a person is operating a motor vehicle without a valid license and, if required, a specially endorsed driver’s license or with a license that has been expired for 90 days or more;
I. When a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading, hooded-meter, taxis, street construction or maintenance, or other similar zone where, by order of the director of transportation of the chiefs of police or fire or their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the zone has been established with signage for at least 24 hours and where the vehicle is interfering with the proper and intended use of the zone. Signage must give notice to the public that a vehicle will be removed if illegally parked in the zone;
J. When a vehicle with an expired registration of more than 45 days is parked on a public street. [Ord. 2009-04 § 2, 2009].
10.10.040 Impoundment after notice.
A vehicle not subject to impoundment under CRMC 10.10.030 may be impounded under the following circumstances:
A. A law enforcement officer discovering an unauthorized vehicle shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
1. The date and time the sticker was attached;
2. The identity of the officer;
3. A statement that if the vehicle is not removed within 24 hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense;
4. A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the registered owner will have committed the traffic infraction of littering – abandoned vehicle; and
5. The address and telephone number where additional information may be obtained.
B. If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
C. If the vehicle is not removed within 24 hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle’s removal to a place of safety.
D. For the purposes of this section, a place of safety includes the business location of a registered tow truck operator. [Ord. 2009-04 § 2, 2009].
10.10.050 Notice of redemption of towed vehicles.
A. Within 24 hours after the impoundment of any vehicle, the registered tow truck operator shall mail a notice by first-class mail to the last known registered owner and legal owners of the vehicle. The notice shall contain the identity of the person or agency authorizing the impoundment, the name of the registered tow truck operator, its address and telephone number and the location and time of the impound. The notice shall also include written notice of the right of redemption and of the opportunity to contest the validity of the impoundment pursuant to RCW 46.55.120. If a vehicle is redeemed prior to the mailing of the notice, the notice need not be mailed.
B. The procedure for redemption of impounded vehicle shall be in accordance with Chapter 46.55 RCW. [Ord. 2009-04 § 2, 2009].
10.10.060 Hearing rights and procedures.
A. Any party whose vehicle has been impounded pursuant to this chapter may request a hearing in Castle Rock municipal court to contest the validity of the impoundment. The registered tow truck operator shall provide forms for requesting such hearings. All requests for hearing shall be made in writing and on the form so provided, and must be received by the Castle Rock municipal court within 10 days (including Saturdays, Sundays, and holidays) of the latter of the date on which written notice was mailed or given to the party whose vehicle was impounded. If the request for a hearing is not received by the Castle Rock municipal court within the 10-day period, then the right to a hearing is waived and the registered owner is liable for any towing, storage, or other charges as permitted under Chapter 46.55 RCW.
B. Procedure for the conduct of hearings to contest the validity of an impoundment shall be set forth in Chapter 46.55 RCW. [Ord. 2009-04 § 2, 2009].
10.10.070 Impoundment provisions implanted.
Pursuant to RCW 46.55.133, city law enforcement officers are authorized to direct the impoundment of vehicles whenever the driver of the vehicle is arrested for a violation of RCW 46.61.420, 46.61.502 or 46.61.504. The chief of police or his designee is authorized to provide written directions to hold the vehicle for the time periods provided for and specified in RCW 46.55.120(1)(a) if such vehicle was impounded as a result of the driver being arrested for a violation of RCW 46.20.342. [Ord. 2009-04 § 2, 2009].