Chapter 11.08 MOTOR VEHICLE IMPOUNDMENT

Chapter 11.08
MOTOR VEHICLE IMPOUNDMENT

Sections:

11.08.020 Redemption of impounded vehicles.

11.08.030 Post-impoundment hearing procedure.

11.08.010 Period of impoundment.

(1) Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.342, the vehicle is subject to impoundment at the direction of a police officer.

(2) If a vehicle is towed because the driver is arrested for a violation of RCW 46.20.342 and the Washington Department of Licensing’s records show that the driver’s status is suspended third degree, within the last five years, the vehicle shall be impounded for 30 days.

(3) If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342 and the Washington Department of Licensing’s records show that the driver’s status is suspended second degree, within the last five years, the vehicle shall be impounded for 60 days.

(4) If a vehicle is impounded because the driver is arrested for violation of RCW 46.20.342 and the Washington Department of Licensing’s records show that the driver’s status is suspended first degree, within the last five years, the vehicle shall be impounded for 90 days. [Ord. 1355 § 1, 2002.]

11.08.020 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 in writing and verified or notarized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to CMC 11.08.010 must, prior to redemption, establish that he or she has a valid driver’s license. A vehicle impounded pursuant to CMC 11.08.010 can be released only pursuant to a written order from the Clarkston police department or a court.

(2) Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for costs of impoundment. 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 CMC 11.08.010 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 owed by the registered owner have been satisfied.

(3) The Clarkston chief of police is authorized to release a vehicle impounded pursuant to CMC 11.08.010 prior to the expiration of any period of impoundment upon petition of the spouse of the driver, or the person registered as the domestic partner of the driver, based on economic or personal hardship to such spouse or domestic partner resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from the release of the vehicle, including, but not limited to, the driver’s criminal history, driving records, license status, and access to the vehicle. If such release is authorized, the person redeeming the vehicle still must satisfy the requirements of subsections (1) and (2) of this section.

(4) Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a hearing before an administrative hearings officer to contest the validity of an impoundment or the amount of towing and storage charges, if such request for hearing is in writing, in a form approved by the Clarkston chief of police, and signed by such person, and received by the Clarkston chief of police within 10 days (including Saturdays, Sundays and holidays). 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 RCW 46.20.342 have been satisfied, then the impounded vehicle shall be released immediately, and a hearing shall be held within 90 days of the written request for hearing.

(b) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under RCW 46.20.342, have not been satisfied, then the impounded vehicle shall not be released until after the hearing which shall be held within two business days (excluding Saturdays, Sundays, and holidays) of the written request for hearing.

(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 Clarkston chief of police for an extension 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 the purpose 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 impoundment are deemed to be proper, and the city shall not be liable for towing and storage charges arising from the impoundment.

(e) In accordance with RCW 46.55.240(1)(d), a decision made by an administrative hearings officer may be appealed to the municipal court for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such a decision must file a request for an appeal in municipal court within 15 days after the decision of the administrative hearings officer, and must pay a filing fee in the same amount required for the filing of a suit in district court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to an appeal is waived and the administrative hearings officer’s decision is final. [Ord. 1355 § 2, 2002.]

11.08.030 Post-impoundment hearing procedure.

(1) At the hearing, an abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.

(2) If the impoundment is found to be proper, the administrative hearings officer shall enter an order so stating. In the event that the costs of impoundment (removal, towing and storage) and the administrative storage/filing fee have not been paid, or any other applicable requirements of CMC 11.08.020(1) and (2) have not been satisfied, or any period of impoundment has not expired, the administrative hearings officer’s order shall also provide that the impounded vehicle shall be released only after:

(a) Payment of any fines imposed upon any underlying traffic citations;

(b) Satisfaction of all other applicable requirements;

(d) Expiration of any period of impoundment set forth in CMC 11.08.010.

(3) If the impoundment is found to be improper, the administrative hearings officer shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the administrative hearings officer shall enter judgment against the city and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment.

(4) In the event that the administrative hearings officer finds that the impound was proper, but that the towing, storage, or administrative fees charged for the impoundment were improper, the administrative hearings officer shall determine the correct fees to be charged. If the costs of impoundment have been paid, the administrative hearings officer shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment for the amount of the overpayment.

(5) No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution.

(6) An appeal of the administrative hearings officer’s decision in municipal court shall be conducted according to, and is subject to, the procedures of this section. If the court finds that the impoundment or towing, storage or administrative fees are improper, any judgment entered against the city shall include the amount of the filing fee. [Ord. 1355 § 3, 2002; Ord. 1350 § 3, 2001.]

11.08.040 Administrative filing fees.

A filing fee of $100.00 shall be paid prior to the filing of a written request for a hearing as may be provided for under CMC 11.08.020. The filing fee shall be remitted to the Clarkston city clerk, Clarkston City Hall. The filing fee shall be for the purpose of offsetting, to the extent practicable, administrative hearings costs, including appeals records, document retention, and handling costs for the enforcement and administration of appeals arising from the provisions of this chapter, and shall be deposited in the appropriate account. [Ord. 1355 § 4, 2002; Ord. 1350 § 4, 2001.]