Chapter 11.07
VEHICLE IMPOUNDS
Sections:
11.07.030 Impoundment authorized.
11.07.040 Continued impoundment.
11.07.050 Release of impounded vehicles.
11.07.060 Early release of impounded vehicles.
11.07.070 Financial responsibility.
11.07.010 Statutes adopted.
For the purpose of this chapter, RCW 46.20.342 and 46.20.345 as in existence now or hereafter amended are adopted by reference. (Ord. 2345 § 1 (part), 2015: Ord. 2278 § 1 (part), 2012).
11.07.020 Purpose.
The purpose of this chapter is to provide for implementation of the state of Washington legislative intent to provide law enforcement with a mechanism to address the high number of individuals habitually driving without driver’s licenses during a time that their license and privilege to drive has been revoked or suspended.
This chapter also provides the authority under RCW 46.55.113 to implement the impoundment of vehicles operated on public streets by individuals driving without licenses or while their privilege to drive has been suspended or revoked.
Additionally, the purpose of this chapter is to provide an incentive for individuals who have had their license and privilege to drive revoked or suspended to obtain a valid driver’s license. (Ord. 2345 § 1 (part), 2015: Ord. 2278 § 1 (part), 2012).
11.07.030 Impoundment authorized.
A. When a driver of a vehicle is arrested for a violation of: RCW 46.20.342, Driving while license invalidated, including driving while license suspended or revoked, driving under other license or permit while license suspended or revoked, the arresting officer may, in his/her own discretion, considering reasonable alternatives, cause the vehicle to be impounded. When an arrest is made for violation of RCW 46.20.342 and the vehicle is a commercial vehicle, the driver of the vehicle is not the owner of the vehicle, the owner was not in the vehicle at the time, and the owner has not received a prior release under RCW 46.55.113(3) or 46.55.120(1)(a)(ii), prior to impounding the vehicle the 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.
B. When a driver of a vehicle is arrested for a violation of: RCW 46.20.345, Operation under other license or permit while license suspended or revoked, the arresting officer may, in his/her own discretion, considering reasonable alternatives, cause the vehicle to be impounded. When an arrest is made for violation of RCW 46.20.342 and the vehicle is a commercial vehicle, the driver of the vehicle is not the owner of the vehicle, the owner was not in the vehicle at the time, and the owner has not received a prior release under RCW 46.55.113(3) or 46.55.120(1)(a)(ii), prior to impounding the vehicle the 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. (Ord. 2345 § 1 (part), 2015: Ord. 2278 § 1 (part), 2012).
11.07.040 Continued impoundment.
A. If the driver is arrested for a violation of RCW 46.20.342(1)(c) (third degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle may be impounded, but no suspended driver hold shall be placed on the vehicle. If the driver is also the registered owner then the vehicle shall be held until all outstanding penalties, fines, and forfeitures owed by him/her are satisfied. The driver/registered owner must present proof from a court of law that he/she has no outstanding penalties, fines, or forfeitures.
B. If the driver is arrested for a violation of RCW 46.20.342(1)(c) (third degree suspended/revoked) and has any prior convictions for violations of RCW 46.20.342 in the past five years, the vehicle may be held for thirty days.
C. If the driver of the vehicle is arrested for a violation of RCW 46.20.342(1)(a) or (b) (first or second degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle may be held for thirty days.
D. If the driver of the vehicle is arrested for a violation of RCW 46.20.342(1)(a) or (b) (first or second degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342(1)(a) or (b) in the past five years, the vehicle may be held for sixty days.
E. If the driver of the vehicle is arrested for a violation of RCW 46.20.342(1)(a) or (b) (first or second degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342(1)(a) or (b) two or more times in the past five years, the vehicle may be held for ninety days. (Ord. 2345 § 1 (part), 2015: Ord. 2278 § 1 (part), 2012).
11.07.050 Release of impounded vehicles.
The release of all vehicles impounded under this chapter shall be governed by RCW 46.55.120. Commercially rented vehicles may be impounded; however, no suspended driver holds shall be placed upon these vehicles. (Ord. 2345 § 1 (part), 2015: Ord. 2278 § 1 (part), 2012).
11.07.060 Early release of impounded vehicles.
A vehicle may be released prior to the hold period upon a showing 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; or that 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 RCW 46.55.120(1)(a)(ii) or 46.55.113(3). Release shall be denied in all other circumstances; provided, that a vehicle may be released upon presentation of a valid and current driver’s license and proof of liability insurance for the impounded vehicle by the driver who is the registered owner. All release requests shall be in writing. Any denial or approval of a release shall be in writing and shall include factors considered in reaching the decision. (Ord. 2345 § 1 (part), 2015: Ord. 2278 § 1 (part), 2012).
11.07.070 Financial responsibility.
Reserved. (Ord. 2345 § 1 (part), 2015: Ord. 2278 § 1 (part), 2012).