Chapter 8.54
VEHICLE IMPOUNDMENT

Sections:

8.54.010    Officers authorized to remove certain vehicles.

8.54.010 Officers authorized to remove certain vehicles.

A. Impoundments. Any officer of the Chelan County sheriff’s and/or police department may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:

1. Whenever such officer finds a vehicle stopped or parked upon the roadway, whether attended or unattended, the officer is authorized to 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 or away from the main traveled portion thereof;

2. Whenever such officer finds a vehicle unattended upon any highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;

3. Whenever such officer finds an unattended vehicle at the scene of an accident or when the driver of any 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;

4. Whenever the driver of a vehicle is arrested and taken into custody by an 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;

5. Whenever such officer discovers a vehicle which is determined to be a stolen vehicle;

6. Whenever such officer finds a vehicle in violation of Chapter 10.08 LMC;

7. 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 the city’s parking ordinance on public property or on private property without charge;

8. Whenever such officer finds a vehicle standing or parked in a fire lane or within 15 feet of any fire hydrant whether on public or private property.

B. Vehicles subject to impoundment under this or other sections of this code are declared to be public nuisances which may be summarily abated as provided in each instance and except where prohibited by law. Nothing in this section shall derogate from the powers of the Chelan County sheriff’s and/or police department under the common law. For purposes of this section, a place of safety may include the business location of a registered tow truck operator as defined in RCW 46.55.010. A written form of authorization to impound is established which may include a law enforcement notice of infraction or citation. Such written form of authorization shall clearly denote the city’s authorization to impound as set forth in this chapter.

C. Towing and Impoundment.

1. The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person’s signature that such notification was provided.

2. Within 10 working days of the notice, or any longer period of time provided by law, any person seeking to redeem an impounded vehicle under this section shall be entitled to a hearing to contest the validity of the impoundment or the amount of towing and storage charges in the district court for Chelan County in accordance with the requirements of state law and the court’s rules. [Ord. 1457 § 1 (Att. A), 2013; Ord. 980 § 1, 1995; Ord. 974 § 1, 1995.]