Chapter 10.35
IMPOUNDMENT AND REDEMPTION
OF CERTAIN VEHICLES
Sections:
10.35.020 When a vehicle may be impounded without prior notice.
10.35.030 When a vehicle may be impounded after notice.
10.35.050 Owner of impounded vehicle to be notified.
10.35.060 Redemption of impounded vehicles and hearing request.
10.35.070 Post impoundment hearing procedure.
10.35.090 Police department record of impounded vehicles.
10.35.100 Contracts for towing and storage.
10.35.110 Additional towing contractor duties and records.
10.35.120 Towing contractor standards.
10.35.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. “Impoundment” means the removal of a vehicle to a storage facility either by an officer or authorized agent of the City of Kenmore police department or by a towing contractor in response to a request from an officer or authorized agent of the City of Kenmore police department.
B. “Towing contractor” means any firm, partnership, tow operator, association, or corporation duly licensed by the State of Washington to perform towing and storage services that enters into a contract with the City of Kenmore police department to perform towing and storage services under the provisions of this chapter.
C. “Vehicle” shall have the definition set forth in RCW 46.04.670, and, in addition, shall include any junk vehicle as defined in RCW 46.55.010(4) as they currently exist or may thereafter be amended.
D. “Workday” means Monday through Friday, not including Saturday and Sunday or legal holidays as defined in RCW 1.16.050. [Ord. 02-0131 § 3 (KCC 46.08.010).]
10.35.020 When a vehicle may be impounded without prior notice.
A vehicle may be impounded with or without citation and without giving prior notice to its owner as required in KMC 10.35.030 under the following circumstances:
A. The vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic;
B. The vehicle is illegally parked in a conspicuously posted restricted zone where parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at any time when the vehicle is interfering or likely to interfere with the intended use of such a zone;
C. The vehicle poses an immediate danger to the public safety;
D. A police officer has information sufficient to form a reasonable belief that the vehicle is stolen;
E. A police officer has information sufficient to form a reasonable belief that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary to obtain or preserve such evidence;
F. 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, or too intoxicated, to decide upon steps to be taken to protect his or her property;
G. Whenever the driver of a vehicle is arrested and taken into custody by a police officer, and the driver, because of intoxication or otherwise, is mentally incapable of deciding upon steps to be taken to safeguard his or her property;
H. Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.62.581 which space is provided on private property without charge or on public property;
I. Whenever a mobile home is subject to removal from a mobile home park pursuant to a writ of restitution, provided such writ is attached to a police department impound report.
Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required. Nothing in this section may derogate from the powers of police officers under the common law or other statute or ordinance. [Ord. 02-0131 § 3 (KCC 46.08.040).]
10.35.030 When a vehicle may be impounded after notice.
A vehicle not subject to impoundment under KMC 10.35.020 may be impounded after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of 24 hours prior to such impoundment if such vehicle is parked and/or used in violation of any law, ordinance or regulation; provided, that if the vehicle has current Washington registration plates the officer or the City of Kenmore police department shall check the records to learn the identity of the last owner of record and shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notice of proposed impoundment. [Ord. 02-0131 § 3 (KCC 46.08.050).]
10.35.040 Impound procedure.
When impoundment is authorized by this chapter, a vehicle may be impounded by a towing contractor acting at the request of an officer or authorized agent of the City of Kenmore police department. Such officer or authorized agent shall provide to the towing contractor a signed authorization for the tow and the impound before the towing contractor may proceed with the impound. [Ord. 02-0131 § 3 (KCC 46.08.060).]
10.35.050 Owner of impounded vehicle to be notified.
A. When a vehicle is impounded, the impounding towing contractor shall notify the legal and registered owner(s) of the impoundment of the vehicle. The notification shall be sent by first-class mail within 24 hours after the impoundment to the last known registered and legal owner(s) of the vehicle, as identified by the City of Kenmore police department, and shall inform the owners of the identity of the person or agency authorizing the impound. The notification shall include the name of the impounding tow firm, its address, and telephone number, the location and time of the impound, and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to KMC 10.35.070, as set forth on a form to be provided by the City of Kenmore police department.
B. In the case of an abandoned vehicle, as defined in RCW 46.55.010(1), within 24 hours after receiving information on the vehicle owner(s) from the Department of Licensing through the abandoned vehicle report, the towing contractor shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owner(s).
C. No notices need be sent to the legal or registered owner(s) of an impounded vehicle if the vehicle has been redeemed.
D. When a person seeks to redeem an impounded vehicle, the towing contractor shall give said person a copy of the towing and storage receipt as well as written notice of the right of redemption and opportunity for a hearing, as set forth on a form provided by the City of Kenmore police department. The towing contractor shall maintain a record evidenced by the redeeming person’s signature that such notification was provided.
E. Similar written notice and record of notification for redemption and opportunity for a hearing, as set forth on a form provided by the City of Kenmore police department, shall be given by the towing contractor at the time of releasing a vehicle impounded for investigatory purposes pursuant to KMC 10.35.020(E), following authorization by the City of Kenmore police department to release such vehicle. [Ord. 02-0131 § 3 (KCC 46.08.070).]
10.35.060 Redemption of impounded vehicles and hearing request.
Vehicles impounded by the City shall be redeemed under the following circumstances:
A. Only the registered owner, a person authorized in writing by the registered owner, or one who has purchased a vehicle from the registered owner and who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle.
B. Any person so redeeming a vehicle impounded by the City must pay the towing contractor for costs of impoundment (towing and storage) before the vehicle will be released from impound. Such towing contractor shall accept only cash, major bank credit cards, certified bank drafts, money orders, and personal checks drawn on in-state banks in payment for such costs; provided, however, that if such a personal check is offered in payment for such costs, the person so offering the same may be required to show evidence of his or her identity by two pieces of identification which may include a driver’s license, Washington State Identification Card issued by the Washington State Department of Motor Vehicles, other credit cards or similar forms of identification; provided further, however, that if the contractor has reasonable cause to believe the tendered check is uncollectable, acceptance of such check may be refused in accordance with such standards as may be promulgated in accordance with KMC 10.35.120 or as may be set forth in a contract entered into pursuant to KMC 10.35.100.
C. 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, or in any other manner defrauds the towing contractor in connection with services rendered pursuant to this section shall be liable to the towing contractor for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney’s fees.
D. Any person seeking to redeem an impounded vehicle has a right to a hearing pursuant to KMC 10.35.070 before an administrative hearing officer to contest the validity of the impoundment or the amount of towing and storage charges. Any request for a hearing shall be made in writing on a form provided for that purpose by the City of Kenmore police department signed by such person and must be received by the City of Kenmore police department within 10 days (including Saturdays, Sundays and holidays) of the later of the date the notice of right of redemption and opportunity for hearing was mailed to such person pursuant to KMC 10.35.050(A), or the date such notice was given to such person by the towing contractor pursuant to KMC 10.35.050(D). If the hearing request is not received by the City of Kenmore police department 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.
E. If a hearing as provided for in KMC 10.35.070 is requested, such hearing shall be held within two working days of the receipt of the written request for the hearing by the City of Kenmore police department. [Ord. 02-0131 § 3 (KCC 46.08.080).]
10.35.070 Post impoundment hearing procedure.
A. In accordance with RCW 46.55.240(1)(d), the City of Kenmore police department shall appoint one or more administrative hearing officers to conduct the post impound hearings requested pursuant to KMC 10.35.060. Such hearing officer shall determine whether the impoundment was proper and whether the towing and/or storage fees charged in connection with the impound were proper.
B. At the hearing, the City of Kenmore police department may produce any relevant evidence to show that the impound and/or fees were proper. The officer’s impound report and the towing contractor’s impound receipts may be received in evidence. In determining whether the fees charged were proper, the hearing officer may take notice of the towing contractor’s rates.
C. At the hearing, the person who requested the hearing may produce any relevant evidence to show that the impound and/or fees were not proper.
D. If the impoundment is found to be proper, the hearings officer shall enter an order so stating. If the costs of impoundment have not been paid, the hearing officer’s order shall also provide that the impounded vehicle shall be released only after payment of the costs of impoundment to the towing contractor.
E. If the impoundment is found to be improper, the hearing officer shall enter an order so stating and shall order the immediate release of the vehicle. If the costs of impoundment have already been paid, the hearing officer shall enter an order 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 plus interest at the rate of 12 percent per annum from the date that person paid such costs, and the City shall comply with such order. If the costs of impoundment have not been paid, the hearing officer shall enter an order directing the City to pay such costs to the towing contractor, and the City shall comply with such order.
F. If the hearing officer finds that the impoundment was proper, but that the towing and/or storage fees were improper, the hearing officer shall determine the correct fees to be charged. If the costs of impoundment have not been paid, the hearing officer shall order the release of the vehicle upon payment of the correct impoundment fees as determined by the hearing officer. If the costs of impoundment have been paid, the hearing officer shall enter an order against the City and in favor of the person who has paid the costs of impoundment for the amount of the overpayment plus interest at the rate of 12 percent per annum on the overpayment from the date that person paid such costs, and the City shall comply with such order. The towing contractor shall be liable to the City for the amount of such overpayment and interest at the rate of 12 percent per annum. The towing contractor shall make such payment to the City no later than 60 days after it receives notice of such requirement to pay. The City may bring an action in the King County district court against the towing contractor to recover such overpayment plus interest at the rate of 12 percent per annum.
G. In accordance with RCW 46.55.240(1)(d), a decision made by an administrative hearing officer may be appealed to the King County district court for final judgment. [Ord. 02-0131 § 3 (KCC 46.08.100).]
10.35.080 Unclaimed vehicles.
A. Any impounded vehicle not redeemed within 15 days of mailing of the notice required by KMC 10.35.050 and not listed as a stolen vehicle, shall be deemed unclaimed and shall be sold at a public auction in accordance with the provisions and subject to all conditions of RCW 46.55.130; provided, that in the case of a vehicle impounded and held pursuant to order of a City police officer, the 15 days shall not begin until 48 hours after the City of Kenmore police department shall have notified both the owner and the towing company that it has authorized the release of the vehicle; provided further, that when a timely request for a post impound hearing has been made pursuant to KMC 10.35.060, the sale of the vehicle at public auction shall not take place until after the hearing has been conducted and the hearing officer has entered an order. Prior to sale at public auction, the towing contractor shall confirm with the City of Kenmore police department that no hearing is pending.
B. When an unclaimed vehicle is sold at public auction pursuant to subsection (A) of this section, the towing contractor may recover its towing and storage charges from the proceeds of the sale. Such towing and storage charges shall be limited to the contract rates established pursuant to KMC 10.35.100. [Ord. 02-0131 § 3 (KCC 46.08.110).]
10.35.090 Police department record of impounded vehicles.
The City of Kenmore police department shall keep, and make available for inspection, a record of all vehicles impounded under the provisions of this chapter. The record shall include at least the following information:
A. Vehicle make, year, and model;
B. Vehicle license number and state of registration;
C. Vehicle identification number, if ascertainable;
D. Such other descriptive information as the City of Kenmore police department deems useful for purposes of vehicle identification;
E. Name of impounding officer and serial number;
F. Reason for impoundment, and the time, date and location the approved towing company took custody. [Ord. 02-0131 § 3 (KCC 46.08.120).]
10.35.100 Contracts for towing and storage.
The city manager, or his designee, may enter into contracts with towing contractors to provide towing and storage services on request of the City of Kenmore police department pursuant to this chapter. Such contracts shall be at no cost to the City and shall provide that the towing contractor may recover the costs of towing and storage only from the person seeking to redeem the impounded vehicle, or from the proceeds of sale of an unclaimed vehicle pursuant to KMC 10.35.080, and that the City shall not be responsible for payment of such costs except upon order of the administration hearing officer pursuant to KMC 10.35.070. The sheriff may specify that towing services obtained by the City of Kenmore police department will be on a rotational or other basis in specific geographic areas in the City. The sheriff may specify the rates towing contractors may charge persons seeking to redeem impounded vehicles for towing and storage services provided pursuant to this chapter. [Ord. 02-0131 § 3 (KCC 46.08.130).]
10.35.110 Additional towing contractor duties and records.
Each towing contractor, in addition to fully complying with the standards set by the City of Kenmore police department must:
A. File its towing and storage rates with the City of Kenmore police department;
B. Maintain all vehicle transaction files for three years. [Ord. 02-0131 § 3 (KCC 46.08.132).]
10.35.120 Towing contractor standards.
The City of Kenmore police department is authorized and directed to adopt standards that carry out the provisions and intent of this chapter. Towing contractors are required to comply with such standards. [Ord. 02-0131 § 3 (KCC 46.08.134).]
10.35.130 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. [Ord. 02-0131 § 3 (KCC 46.08.140).]