Chapter 9.39
TOWING*
Sections:
9.39.010 Purpose.
9.39.020 Removal by police officer.
9.39.030 Impoundment for driving while license suspended or revoked or operation of motor vehicle under other license while suspended.
9.39.040 Notice of impound.
9.39.050 Hearing to contest impound or charges.
9.39.060 Authorization to impound.
9.39.070 Authority to enforce.
*Cross reference(s) – Duties of the parking enforcement aide, § 2.22.060.
9.39.010 Purpose.
This chapter shall be known and cited as the towing ordinance and shall supplement Chapter 46.55 RCW which is currently adopted in KCC 9.36.010 (Model Traffic Ordinance). In the event that a conflict exists between the provisions of this chapter and Chapter 46.55 RCW, this chapter shall prevail. Other than impounds authorized under RCW 46.55.113(1) and (2)(e) which include a mandatory period of impoundment, an officer’s decision to have a vehicle towed and impounded under Chapter 46.55 RCW is remedial in order to preserve the public health, safety, and welfare by removing obstructions and hazards in public ways and spaces, and securing and protecting property, both public and private. An impound decision is not punitive in nature. Therefore, if a police officer elects to have a vehicle towed and impounded under Chapter 46.55 RCW, the police officer shall not also issue an infraction for any civil violation that relates solely to the manner in which the vehicle is parked, stopped, or otherwise located. This limitation, however, does not apply to any criminal charges or to any infractions issued for moving, licensing, registration, inspection, or insurance violations.
(Ord. No. 3464, § 2, 7-6-99; Ord. No. 4030, § 1, 2-21-12; Ord. No. 4427, § 1, 4-5-22)
9.39.020 Removal by police officer.
The law allows a police officer to tow and impound vehicles in a number of circumstances, including when a vehicle is located within a public space, the vehicle’s removal is needed to preserve public health, safety, and welfare, and the police officer has first pursued reasonable alternatives before exercising their discretion to have the vehicle removed and towed to a place of safety. In addition to those tows and impounds generally authorized under the law or the Model Traffic Ordinance adopted through KCC 9.36.010, a police officer may additionally authorize a vehicle be towed if it is found standing or parked in violation of RCW 46.61.570.
(Ord. No. 3464, § 2, 7-6-99; Ord. No. 4030, § 1, 2-21-12; Ord. No. 4427, § 1, 4-5-22)
9.39.030 Impoundment for driving while license suspended or revoked or operation of motor vehicle under other license while suspended.
A. Impoundment of vehicles authorized.
1. Whenever the driver of a vehicle is arrested for a violation of driving while license suspended or revoked (RCW 46.20.342) or operation of motor vehicle under other license or permit prohibited while license is suspended or revoked (RCW 46.20.345), as these provisions are currently enacted or hereafter amended, the vehicle is subject to impoundment at the direction of a law enforcement officer.
2. It shall be the responsibility of the owner or other person lawfully charged with possession of a vehicle to ensure that any person driving such vehicle has a valid license. It shall not be a defense to impoundment or to the payment of any of the costs of impound that the owner or other person lawfully charged with the vehicle was not aware that the driver’s license was suspended, revoked, or otherwise invalid.
B. Impoundment periods.
1. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) (driving while license suspended or revoked in the third degree) or 46.20.345, the vehicle shall be redeemable immediately pursuant to subsection (B)(6) of this section.
2. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) (driving while license suspended or revoked in the first degree) or 46.20.342(1)(b) (driving while license suspended or revoked in the second degree) and the Washington Department of Licensing’s records show that the driver has not been convicted of a violation of RCW 46.20.342(1)(a) or (b) or equivalent local ordinance within the past 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(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of RCW 46.20.342(1)(a) or (b) or equivalent local ordinance within the past five years, the vehicle shall be impounded for 60 days.
4. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b) or equivalent local ordinance two or more times within the past five years, the vehicle shall be impounded for 90 days.
5. At the conclusion of the applicable period of impoundment, if any, the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A tow company may use any reasonable means necessary to confirm that the person redeeming the vehicle is authorized to redeem the vehicle, and neither the city nor the tow company shall be responsible for any loss resulting from a delay during the time in which the tow company is confirming authorization.
6. Prior to redeeming the impounded vehicle, any person redeeming a vehicle impounded pursuant to this section shall pay the tow company for the costs of impoundment, including removal, towing, and storage fees accrued as a result of the impoundment. The tow company shall accept payment as provided in RCW 46.55.120 and other applicable statutes as currently enacted or hereafter amended. If the vehicle was impounded pursuant to this section and was being operated by the registered owner when it was impounded, it may not be released to any person until all traffic-related penalties, fines, and forfeitures owed by the registered owner have been satisfied.
7. A vehicle impounded pursuant to this section may be inventoried incident to the impound of the vehicle pursuant to the laws of the state of Washington and the United States. With the exception of personal property seized by a police officer, personal property contained within an impounded vehicle shall continue to be the responsibility of its owner, or the person driving the vehicle, and shall be dealt with pursuant to the requirements of RCW 46.55.090 and other applicable statutes as now enacted or hereafter amended. Property which is attached to the vehicle with electronic wiring, or by bolts, screws, glue, or other adhesive material, shall be considered a component of, or a part of, the vehicle for purposes of impoundment.
C. Economic or personal hardship petition. The court is authorized to release a vehicle towed and impounded pursuant to this section prior to the expiration of any period of impoundment provided for under subsection (B) of this section.
1. Persons who may file a petition. The following individuals may file a petition seeking early release of a vehicle subject to a mandatory hold under this section:
a. The owner of the vehicle who was not the driver, provided they state under penalty of perjury that they were unaware the driver was suspended or revoked at the time of impoundment; or
b. A family member or dependent person of the driver who is suffering economic or personal hardship due to the unavailability of the vehicle.
2. Manner in which petition filed. A petition under this section shall be filed in accordance with the provisions set forth in KCC 9.39.050 for other hearings requested under this chapter.
3. Matters considered by the court. In considering a petition filed under this section, the court shall consider: (a) any prior economic or hardship petition that may have been filed; (b) the threat to public safety that may result from the release of the vehicle, including, without limitation, the driver’s criminal history, driving record, license status, and access to the vehicle; and (c) any other evidence relevant to the petitioner’s economic or personal hardship petition. If the court authorizes a vehicle’s release prior to expiration of the impound hold, the person redeeming the vehicle must satisfy the redemption requirements of subsections (B)(5) and (6) of this section.
4. No duty created. The court’s decision to release the vehicle pursuant to this section shall not create any duty to protect any individual, nor shall it impart any costs, fees, or other financial obligations associated with the removal, towing, and/or storage of the vehicle to the city, provided the removal, towing, and/or storage were lawful under the Kent City Code or the Revised Code of Washington. Further, neither the decision to release the vehicle, nor any determination of facts at a hearing under KCC 9.39.050, shall provide a defense in any subsequent criminal prosecution, or have any collateral estoppel effect or preclude litigation of those same facts in a subsequent criminal prosecution.
(Ord. No. 3464, § 2, 7-6-99; Ord. No. 3569, § 1, 8-7-01; Ord. No. 4030, § 1, 2-21-12; Ord. No. 4427, § 1, 4-5-22)
9.39.040 Notice of impound.
When a vehicle is impounded, the tow truck operator shall send notice to the legal and registered owners as required by RCW 46.55.110 and other applicable statutes as now enacted or hereafter amended.
(Ord. No. 4427, § 1, 4-5-22)
9.39.050 Hearing to contest impound or charges.
In accordance with RCW 46.55.120, any person seeking to redeem an impounded vehicle has a right to request a hearing, without a jury, in the Kent municipal court to contest the validity of the impound or the amount of towing and storage costs. Absent good cause as provided for in subsection (B)(3) of this section, failure to timely request a hearing pursuant to this section shall constitute a waiver of the right to a hearing.
A. A request for a hearing must:
1. Be in writing in a form approved by the administrator of the Kent municipal court;
2. Be signed by the person contesting the impound;
3. Be received by the Kent municipal court within 10 days of the date the notice of impoundment was mailed or given to such person pursuant to RCW 46.55.110 or 46.55.120(2)(a), whichever is later, and more than five days before the date of the auction; and
4. Be accompanied with the required filing fee. At the time of filing the request for hearing, the petitioner must pay to the court a filing fee in the amount of $39. The court, in its discretion, may waive this filing fee upon proof by competent evidence that the person who is requesting the hearing is indigent as that term is defined in RCW 10.101.010(3), as currently enacted or later amended.
B. The hearing shall be provided as follows:
1. The court, within five days after a proper request for a hearing has been received, shall set the hearing date and send notice of the date, time, and location of the hearing to the registered and legal owners of the vehicle or other item of personal property registered or titled with the Department of Licensing, the person requesting the hearing if not the owner, the tow truck operator, and the person or agency authorizing the impound.
2. If the vehicle is still impounded at the time the written request for a hearing is received, the court shall set the hearing within seven days of receipt of the written request. The hearing, however, may be set beyond this time period if reasonably necessary to secure the presence of witnesses. If the vehicle has been released from impound at the time the written request is received, the court shall set the hearing within 45 days of receipt of the written request.
3. Any person seeking a hearing who has failed to request such hearing within the time requirements set forth in subsection (A) of this section may petition the court for an extension to file a request for hearing. Such extension shall be granted only upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed and only in the event that notice of the auction of the vehicle has not been published by the tow company pursuant to the requirements of RCW 46.55.110, 46.55.130, and other applicable statutes as now enacted or hereafter amended.
a. For the purposes 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 date of granting the extension shall be treated as the date the hearing request was received. In the event that an extension is granted, additional fees resulting from the storage of the vehicle caused by the delay in the hearing shall be paid by the person requesting the extension, regardless of whether the impound is determined to be lawful or unlawful.
b. If a person fails to file a request for hearing within the time periods required, and no extension to file 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 registered owner is liable for any towing, storage, or other impoundment charges as provided for by Chapter 46.55 RCW.
c. For the purposes of this section, any computation of time shall be in accordance with RCW 1.12.040.
d. Delivery of notices required by this section shall be deemed proper three calendar days after the date such notice is sent by regular first class mail, or in any other manner reasonably calculated to reach the intended recipient. For the purposes of delivering notices required by this section, the address of the intended recipient which is either listed on a citation issued by a police officer, or which appears on any record maintained by or for the Department of Licensing, or which appears on any document or correspondence filed with the court by the intended recipient, shall be an appropriate and accurate address of the intended recipient.
4. Hearings shall, at the discretion of the court, be held by a judge, commissioner, judge pro tempore, or magistrate of the Kent municipal court, who shall determine whether the impoundment was proper and/or whether the associated removal, towing, storage, and any administrative fees were proper. The court may not adjust fees or charges that are in compliance with the posted or contracted rates; the purpose of these fees is to cover tow and impound costs associated with remedial tows authorized under Chapter 46.55 RCW and not to punish the individual.
5. The court may consider the criminal citation, any civil infraction, the authorization to impound created pursuant to KCC 9.39.060, and any other written report made under penalty of perjury submitted by the city of Kent or other impounding agency in lieu of the officer’s personal appearance at the hearing. In evaluating any tow or impound under KCC 9.39.030, the court may also consider an abstract of driving record and electronically printed registration information, without further evidentiary foundation, which collectively with any other records, shall constitute prima facie evidence of the status of the driver’s or contestant’s license to drive a motor vehicle, the proper period of impoundment, or the ownership of the impounded motor vehicle. The person requesting a hearing under this section may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court.
6. The burden of proof is upon the city to establish that the tow and impound were proper by a preponderance of the evidence.
7. If the tow and impound are found to be proper, the court shall enter an order so stating. For impounds made under KCC 9.39.030, the court’s order shall provide that the impounded vehicle shall be released only after the applicable impound period has expired and the redemption requirements of KCC 9.39.030(B)(5) and (6) have been satisfied. The court shall grant time payments only in cases of extreme financial need, and only after a finding of such extreme financial need, and only where there is an assured and effective guarantee of payment. Tow companies who contract with the city are required to abide by any orders issued by the Kent municipal court under this chapter.
8. If the tow and impound decision of the police officer is found to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. If the tow and impound costs have already been paid, the court shall order the city to refund the person who previously paid those costs. If the tow and impound is determined to be improper, and a filing fee was paid, the city shall also refund the filing fee to the payor.
9. In the event the court finds that the tow and impound was proper, but the costs associated with the vehicle’s removal, towing, storage, or administrative fees were not in compliance with the posted or contracted rates, the court shall determine the correct fees to be charged. If the tow and impound costs have been overpaid, the court shall order a refund by the tow company of the tow and impound costs that were overpaid. If the tow and impound costs are found to have been overpaid, the city shall reimburse the filing fee to the payor.
10. No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution, and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution.
11. The hearing procedures set forth in this subsection shall apply only to hearings set pursuant to this section.
(Ord. No. 4427, § 1, 4-5-22)
9.39.060 Authorization to impound.
When an officer authorizes the impound of a motor vehicle pursuant to this chapter, such authorization shall state the basis for the impound; the ordinance or statute which authorizes the impound; the date, time, and place of the impound; and the officer who authorized the impound. Such authorization shall be delivered to the tow company within 24 hours of the impoundment. The tow company shall deliver the authorization to impound to the registered and legal owners of the vehicle with the other required information and within the time period required by RCW 46.55.110.
(Ord. No. 3464, § 2, 7-6-99; Ord. No. 4030, § 1, 2-21-12; Ord. No. 4427, § 1, 4-5-22. Formerly 9.39.040)
9.39.070 Authority to enforce.
The chief of police, or their designee, and the court are hereby authorized to implement such administrative procedures as may be necessary to carry out the provisions of this chapter, including any necessary contracts with tow companies to respond to calls for service.
(Ord. No. 4427, § 1, 4-5-22)