Chapter 11.16
IMPOUNDING OF VEHICLES FROM PUBLIC STREETS OR PUBLIC PROPERTY
Sections:
11.16.010 Applicable state law.
11.16.030 Impoundment without prior notice.
11.16.040 Impoundment after notice.
11.16.050 Notice of redemption of towed vehicles.
11.16.060 Hearing rights and procedures.
11.16.070 Impoundment provisions implemented.
11.16.010 Applicable state law.
The provisions of this chapter are intended to authorize the impoundment of vehicles in situations which may arise upon public rights of way or publicly owned or controlled property within the city limits of Longview, other than those authorized under Chapter 46.55 RCW. Applicable provisions of Chapter 46.55 RCW, as now or hereafter amended, which have been adopted by reference pursuant to LMC 11.02.010, apply to this chapter. (Ord. 2746 § 1, 1999).
11.16.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(1) “Impoundment” means the removal of a vehicle to a storage facility by a registered tow truck operator in response to a request from a law enforcement officer or a community service officer, according to the procedures set forth in this chapter and in Chapter 46.55 RCW.
(2) “Law enforcement officer” means a commissioned police officer of the city of Longview, a parking enforcement officer, or a community service officer authorized under LMC 1.30.045 to enforce the provisions of this title.
(3) “Registered tow truck operator” means the registered tow truck operator appointed in accordance with LMC 11.12.170.
(4) “Unauthorized vehicle” is a vehicle which is parked for any length of time on the public right-of-way, publicly owned or controlled parking facility, or other publicly owned or controlled property within the city limits of Longview in violation of any law, ordinance, or regulation.
(5) “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 such statutes currently exist or as may be hereafter amended. (Ord. 2865 § 1, 2003; Ord. 2746 § 1, 1999).
11.16.030 Impoundment without prior notice.
A vehicle may be impounded with or without citation and without giving prior notice to its registered or legal owner under the following circumstances:
(1) When authorized under Chapter 46.55 RCW;
(2) When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic;
(3) When the vehicle is illegally parked in a posted restricted zone where parking is limited to designated classes of vehicles, or is prohibited during certain hours, or on designated days, or at any time when the vehicle is interfering, or is likely to interfere with the intended use of such a restricted zone;
(4) When a vehicle poses an immediate danger to public safety;
(5) When a law enforcement officer has probable cause to believe that the vehicle is stolen;
(6) When a law enforcement officer has probable cause to believe that the vehicle or its contents constitutes evidence of a crime, if impoundment necessary in such instance to obtain or preserve such evidence;
(7) When a vehicle is parked in a public right-of-way or other publicly owned or controlled property in violation of any law, ordinance or regulation, and there are four or more notices of parking infraction issued against the vehicle and for each of which no person has responded, appeared at a requested hearing, or paid an adjudicated parking infraction for at least 45 days from the date of the filing of the notice of parking infraction. (Ord. 2746 § 1, 1999).
11.16.040 Impoundment after notice.
A vehicle, not subject to impoundment under LMC 11.16.030, may be impounded under the following circumstances:
(1) As authorized under Chapter 46.55 RCW.
(2) By a law enforcement officer, or by a registered tow truck operator in response to a request from a law enforcement officer, when it is an unauthorized vehicle that is left unattended upon a city street, publicly owned or controlled parking facility, or publicly owned property in violation of this code or in violation of any other ordinance, law or regulation, after the owner or operator of such vehicle has been cited for such violation and after a notice of impoundment, pursuant to RCW 46.55.085, has been securely attached to and conspicuously displayed on such vehicle for a period of 24 hours prior to impoundment; provided, that if the vehicle has current vehicle license and tabs, the law enforcement officer shall also check electronic and/or other appropriate reasonably available records to ascertain the identity of the last owner of record and shall make a reasonable effort to contact the owner in person or by telephone to notify the owner of the proposed impoundment. (Ord. 2746 § 1, 1999).
11.16.050 Notice of redemption of towed vehicles.
(1) Within 24 hours after impoundment of any vehicle, the registered tow truck operator shall mail a notice by first-class mail to the last known registered and legal owners of the vehicle. The notice shall contain the identity of the person or agency authorizing the impoundment, the name of the registered tow truck operator, its address and telephone number and the location and time of the impound. The notice shall also include written notice of the right of redemption and of the opportunity to contest the validity of the impoundment pursuant to RCW 46.55.120. If a vehicle is redeemed prior to the mailing of notice, the notice need not be mailed.
(2) The procedure for redemption of impounded vehicles shall be in accordance with Chapter 46.55 RCW. (Ord. 2746 § 1, 1999).
11.16.060 Hearing rights and procedures.
(1) Any party whose vehicle has been impounded pursuant to this chapter may request a hearing in Longview municipal court to contest the validity of the impoundment. The registered tow truck operator that impounded the vehicle shall provide forms for requesting such hearings. All requests for hearing shall be made in writing and on the form so provided, and must be received by the Longview municipal court within 10 days (including Saturdays, Sundays and holidays) of the latter of the date in which written notice was mailed or given to the party whose vehicle was impounded. If the request for a hearing is not received by the Longview municipal court within the 10-day period, then the right to a hearing is waived and the registered owner is liable for any towing, storage or other charges as permitted under Chapter 46.55 RCW.
(2) Procedure for the conduct of hearings to contest the validity of an impoundment shall be as set forth in Chapter 46.55 RCW. (Ord. 2746 § 1, 1999).
11.16.070 Impoundment provisions implemented.
Pursuant to RCW 46.55.113, city of Longview law enforcement officers are authorized to direct the impoundment of vehicles whenever the driver of the vehicle is arrested for a violation of RCW 46.61.502, 46.61.504, 46.20.342 or 46.20.420. The chief of police or his designee is authorized to provide written directions to hold the vehicle for the time periods provided for and specified in RCW 46.55.120(1)(a) if such vehicle was impounded as a result of the driver being arrested for a violation of RCW 46.20.342. (Ord. 2761 § 1, 2000).