Chapter 10.06 TOWING AND IMPOUNDMENT

Chapter 10.06
TOWING AND IMPOUNDMENT

Sections:

10.06.010 When a vehicle may be impounded without prior notice.

10.06.020 When a vehicle may be impounded after notice.

10.06.030 Definition of junk motor vehicle.

10.06.040 Junk vehicles – Removal, disposal, sale – Penalties – Cleanup restitution payment.

10.06.050 Junk vehicles – Notice before impound, disposal and sale.

10.06.010 When a vehicle may be impounded without prior notice.

A. A vehicle may be impounded with or without citation and without giving prior notice to the owner as required in MVMC 10.06.020 only under the following circumstances:

1. When the vehicle is unattended and is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or

2. When the vehicle is illegally occupying a truck, commercial load zone, restricted parking zone, bus, loading, hooded-meter, taxi, or other similar zone where, by order of the city council, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, and where such vehicle is interfering with the proper and intended use of such zones and where such zone is clearly and conspicuously marked; or

3. When a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person as defined under Chapter 46.16 RCW, as now or hereafter amended, is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property; or

4. When the vehicle poses an immediate danger to the public safety; or

5. When a police officer has probable cause to believe that the vehicle is stolen; or

6. When a police officer has probable cause to believe that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or preserve such evidence; or

7. When a vehicle is parked in a publicly owned or controlled parking facility, properly posted under RCW 46.55.070; or

8. When a vehicle is parked on private, nonresidential property, properly posted under RCW 46.55.070; or

9. When a vehicle is left unattended on residential property without consent of the property owner or agent; or

10. When the vehicle is a “junk motor vehicle” as defined in MVMC 10.06.030, and is parked on a street, alley, or way open to the public, or on municipal or other public property;

11. Whenever a police officer or parking enforcement officer finds a vehicle parked in a public right-of-way or on other publicly owned or controlled property in violation of any law, ordinance or regulation and there are four or more parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay an adjudicated parking infraction for at least 45 days from the date of the filing of the notice of infraction.

B. Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required. (Ord. 3304 § 2, 2005; Ord. 3151 § 1, 2003).

10.06.020 When a vehicle may be impounded after notice.

A vehicle not subject to impoundment under MVMC 10.06.010 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 impoundment if such vehicle is parked and/or used in violation of any law, ordinance or regulation. The notice must comply with the provisions of RCW 46.55.085. A presumption that the notice has been securely and conspicuously attached exists when the notice is secured by placing it under the vehicle windshield wiper blade. (Ord. 3151 § 1, 2003).

10.06.030 Definition of junk motor vehicle.

A. “Junk vehicle” means a vehicle certified under MVMC 10.06.040 as meeting at least three of the following requirements:

1. Is three years old or older;

2. Is extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission;

3. Is apparently inoperable;

4. Has an approximate fair market value equal only to the approximate value of the scrap in it.

B. Junk vehicles are subject to impoundment as provided for in MVMC 10.06.010 in addition to any other penalty provided for by law. (Ord. 3151 § 1, 2003).

10.06.040 Junk vehicles – Removal, disposal, sale – Penalties – Cleanup restitution payment.

A.1. Notwithstanding any other provision of law, any law enforcement officer having jurisdiction, or any employee or officer of a jurisdictional health department acting pursuant to RCW 70.95.240, or any other person authorized by the chief law enforcement officer shall inspect and may authorize the disposal of a junk vehicle pursuant to MVMC 10.06.010(A)(10). The person making the inspection shall record the make and vehicle identification number or license number of the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equal only to the approximate value of the scrap in it.

2. A tow truck operator may authorize the disposal of an abandoned junk vehicle if the vehicle has been abandoned two or more times, the registered ownership information has not changed since the first abandonment, and the registered owner is also the legal owner.

B. Law enforcement or department representative shall provide information on the vehicle’s registered and legal owner to the landowner.

C. If a junk vehicle is subject to impound the landowner shall:

1. Upon receiving information on the vehicle’s registered and legal owner, the landowner shall mail a notice to the registered and legal owners shown on the records of the department. The notification shall describe the redemption procedure and the right to arrange for the removal of the vehicle.

2. If the vehicle remains unclaimed more than 15 days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an affidavit of sale to be used as a title document.

3. If no information on the vehicle’s registered and legal owner is found in the records of the department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.

4. Pursuant to MVMC 10.06.010(A)(10), the city retains the discretion to impound all junk vehicles parked on a street, alley, or way open to the public, or on municipal or other public property without prior notice. If the registered and legal owner(s) of the vehicle is provided with notice that the vehicle has been declared a junk vehicle by law enforcement or any employee or officer of a jurisdictional health department acting pursuant to RCW 70.95.240, or any other person authorized by the chief law enforcement officer 15 days prior to the impound pursuant to MVMC 10.06.050, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.

D. It is a gross misdemeanor for a person to abandon a junk vehicle on property. If a junk vehicle is abandoned, the vehicle’s registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle. The court shall distribute one-half of the restitution payment to the landowner of the property upon which the junk vehicle is located, and one-half of the restitution payment to the law enforcement agency or jurisdictional health department investigating the incident.

E. For the purposes of this section, the term “landowner” includes a legal owner of private property, a person with possession or control of private property, or a pubic official having jurisdiction over public property.

F. A person complying in good faith with the requirements of this section is immune from any liability arising out of an action taken or omission made in the compliance. (Ord. 3151 § 1, 2003).

10.06.050 Junk vehicles – Notice before impound, disposal and sale.

If the landowner provides notice before impounding the junk vehicle pursuant to 10.06.040(C)(4) so that immediate disposal or sale can occur after impound, then the notice shall direct the registered and legal owner of the vehicle to remove the vehicle from the landowner’s property within 15 calendar days after the notice was mailed. This notice shall be mailed to the registered and legal owners shown on the records of the department and securely attached to and conspicuously displayed on the vehicle. The notice shall include a completed junk vehicle verification, notification and affidavit form provided by the Mount Vernon police department. The notice shall be substantially as the following forms:

NOTICE TO REMOVE JUNK VEHICLE FROM CITY PROPERTY

(Name and address of person notified)

As the legal or registered owner of this vehicle you are hereby notified that the undersigned, pursuant to MVMC 10.06.010 (A)(10), has determined that this vehicle is a junk vehicle as defined by MVMC 10.06.030.

You are hereby notified to remove said vehicle from all city streets, alleys, or ways open to the public, or on municipal or other public property within the City of Mount Vernon to the satisfaction of the undersigned within 15 days of the date of this notice. If you do not remove the vehicle within 15 days, the City of Mount Vernon will remove the vehicle and immediately dispose of the vehicle pursuant to MVMC 10.06.040(C)(4) at your expense.

You have the right to appeal the determination of the vehicle as a junk vehicle to the Mount Vernon Municipal Court by filing a written request with the City Attorney’s office at PO Box 809, 910 Cleveland Avenue, Mount Vernon, WA 98273 and the Mount Vernon Municipal Court 1805 Continental Place, Mount Vernon, WA 98273 within 15 days of the date this notice was mailed or served. If no appeal is made within 15 days the vehicle will be subject to immediate removal from City property and disposal.

Dated:

By:

NOTICE TO REMOVE JUNK VEHICLE FROM PROPERTY

(Name and address of person notified)

You are hereby notified to remove said vehicle from this property to the satisfaction of the undersigned within 15 days of the date of this notice. If you do not remove the vehicle within 15 days, the landowner will remove the vehicle and immediately dispose of the vehicle pursuant to MVMC 10.06.040(C)(4) at your expense.

You have the right to appeal the determination of the vehicle as a junk vehicle to the Mount Vernon Municipal Court by filing a written request with the [landowner’s name and address] and the Mount Vernon Municipal Court 1805 Continental Place, Mount Vernon, WA 98273 within 15 days of the date this notice was mailed or served. If no appeal is made within 15 days the vehicle will be subject to immediate removal from the property and disposal.

Dated:

By:

(Ord. 3151 § 1, 2003).