Chapter 10.45
VEHICLE IMPOUND UPON ARREST OF DRIVER FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED
Sections:
10.45.010 Appointment of Newcastle police department as agent for the city.
10.45.020 Impoundment authorized.
10.45.040 Owner of impounded vehicle to be notified.
10.45.050 Redemption of impounded vehicles.
10.45.060 Post-impoundment hearing procedure.
10.45.070 Contracts for towing and storage.
10.45.010 Appointment of Newcastle police department as agent for the city.
King County and the King County sheriff’s office and/or its designees, which are also referenced in this chapter as the Newcastle police department, are appointed and authorized to act as agents of the city in regard to all impoundments and actions permitted by this chapter. (Ord. 2019-590 § 1 (Exh. 1)).
10.45.020 Impoundment authorized.
A. When the driver of a motor vehicle is arrested for a violation of driving while license suspended (“DWLS”) in the third degree, as defined in RCW 46.20.342(1)(c), as written or hereafter amended, or if the driver is arrested for driving when his or her privilege to drive is suspended or revoked in any other state, the vehicle is subject to summary impoundment, at the discretion of a law enforcement officer.
B. When the driver of a motor vehicle is arrested for a violation of DWLS in the second degree, as defined in RCW 46.20.342(1)(b), as written or hereafter amended, the vehicle is subject to summary impoundment, at the discretion of a law enforcement officer. The period of impoundment shall be for five days.
C. When the driver of a motor vehicle is arrested for a violation of DWLS in the first degree, as defined in RCW 46.20.342(1)(a), as written or hereafter amended, the vehicle is subject to summary impoundment, at the discretion of a law enforcement officer. The period of impoundment shall be for 30 days.
D. When the driver of a commercial motor vehicle is arrested for violation of RCW 46.20.342, and the driver of the vehicle is not the owner, the police officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle before the summary impoundment authorized by this section. The police officer may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest, and the owner has not received a prior release under this subsection or RCW 46.55.120(1)(a)(ii).
E. When the driver of a motor vehicle is arrested for violation of driving while under the influence pursuant to RCW 46.61.502, 46.61.503 or 46.61.504, the arresting officer will impound the vehicle in accordance with RCW 46.55.360. (Ord. 2019-590 § 1 (Exh. 1)).
10.45.030 Administrative fee.
If a vehicle is impounded pursuant to the provisions of this chapter, an administrative fee of $100.00 shall be paid to the city prior to redemption of the vehicle as provided by this chapter. The administrative fee shall be for the purpose of offsetting, to the extent practicable, the cost to the city of implementing, enforcing and administering this chapter and must be deposited in an appropriate account. (Ord. 2019-590 § 1 (Exh. 1)).
10.45.040 Owner of impounded vehicle to be notified.
A. Not more than 24 hours after impoundment of any vehicle, the tow truck operator shall mail a notice by first class mail to the last known address of the legal and registered owner(s) of the vehicle, as may be disclosed by the vehicle identification number, and as provided by the Washington State Department of Licensing. The notice shall include the name of the impounding tow firm, its address, and telephone number. The notice shall include the location and time of the impound, and by whose authority the vehicle was impounded. The notice also shall include written notice of the right of redemption and opportunity for a hearing to contest the validity of the impound or the amount of towing and storage charges pursuant to this chapter, as set forth on a form provided by the Newcastle police department. The notice shall state any mandatory length of the impound. The notice shall state that a person who desires to redeem an impounded vehicle at the end of any mandatory period must, within five days of the impound, at the request of the tow truck operator, pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed suspended license impound to ensure payment of the costs of the removal, towing, and storage of the vehicle pursuant to RCW 46.55.120(1)(b). The notification shall state that if the security deposit is not posted within five days of the impound, the vehicle will be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130. The notice shall set forth the requirements of NMC 10.45.050 regarding the payment of the costs of removal, towing, and storage as well as providing proof of payment of the administrative fee and proof of satisfaction of any penalties, fines, or forfeitures before redemption. The notice must also state that the registered owner is ineligible to purchase the vehicle at the abandoned vehicle auction, if held.
B. Notwithstanding subsection (A) of this section, a rental car business may immediately redeem a rented vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. The officer directing the impound shall notify the rental car business as soon as practicable of the impound.
C. Notwithstanding subsection (A) of this section, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with Chapter 62A.9A RCW, including providing redemption rights to the debtor under RCW 62A.9A.623. If the debtor is the registered owner of the vehicle, the debtor’s right to redeem the vehicle under Chapter 62A.9A RCW is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound.
D. If the date on which a notice required by subsection (A) of this section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
E. Similar notice shall be given to each person who seeks to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. The tow truck operator shall maintain a record evidenced by the redeeming person’s signature that the notification was provided. (Ord. 2019-590 § 1 (Exh. 1)).
10.45.050 Redemption of impounded vehicles.
Vehicles impounded pursuant to this chapter shall be redeemed only under the following circumstances:
A. Only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this chapter must, prior to redemption, establish that he or she has a valid driver’s license and insurance.
B. Any person so redeeming a vehicle impounded under this chapter shall pay the tow truck operator for costs of impoundment (removal, towing, and storage) and the administrative fee prior to redeeming such vehicle. The tow truck operator shall accept payment as provided in RCW 46.55.120(1)(e), as now or hereafter amended. If the vehicle was impounded pursuant to this chapter and was being operated by the registered owner when it was impounded, it may not be released to any person until all penalties, fines, or forfeitures owed by the registered owner have been satisfied. A vehicle impounded pursuant to this chapter can be released only pursuant to written order from the King County sheriff’s office or a court.
C. Any person seeking to redeem a vehicle impounded pursuant to this chapter has a right to a hearing in the Mercer Island municipal court to contest the validity of an impoundment or the amount of removal, towing and storage charges or administrative fee. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the court within 10 days (including Saturdays, Sundays and holidays) of the date the notice of right of redemption and opportunity for hearing was mailed to the person or the date the notice was given to the person by the tow truck operator. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for filing of a suit in district court.
Such hearing shall be provided as follows:
1. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under NMC 10.45.020, have been satisfied, then the impounded vehicle shall be released immediately and a hearing shall be held within 90 days of the written request for hearing.
2. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under NMC 10.45.020, have not been satisfied, then the impounded vehicle shall not be released until after the hearing, which shall be held within two business days (excluding Saturdays, Sundays, and holidays) of the written request for hearing.
3. If the hearing request is not received by the court 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. The impoundment and the associated costs of impoundment are deemed to be proper, and neither the city nor towing entity shall be liable for removal, towing and storage charges arising from the impoundment.
D. The Newcastle police chief, or designee, is authorized to release a vehicle impounded pursuant to this chapter prior to the expiration of any period of impoundment upon petition of the spouse or domestic partner of the registered owner of the vehicle, based on economic or personal hardship to such spouse or domestic partner resulting from the unavailability of the vehicle, and after consideration of the threat to public safety that may result from the release of the vehicle, including, but not limited to, the driver’s criminal history, driving record, license status and access to the vehicle. If such release is authorized, the person redeeming the vehicle must satisfy the requirements of subsections (A) and (B) of this section, with the exception of payment of the penalties, fines, or forfeitures owed by the driver, and with the exception of the administrative fee.
E. The Newcastle police chief, or designee, is authorized to release a vehicle impounded pursuant to this chapter prior to the expiration of any period of impoundment upon the petition of the registered owner of the vehicle based upon economic or personal hardship or equity, provided the registered owner was not the operator of the vehicle at the time of the impound, the owner did not know that the operator’s driver’s license and/or driving privilege was suspended or revoked, and the owner has not received a prior release under this subsection. If such release is authorized, the registered owner must satisfy the requirements of subsections (A) and (B) of this section, with the exception of the administrative fee, in order to redeem the vehicle.
F. In order to avoid discriminatory application, the Newcastle police chief, or designee, shall deny release in all circumstances without discretion, except as set forth in subsections (D) and (E) of this section. (Ord. 2019-590 § 1 (Exh. 1)).
10.45.060 Post-impoundment hearing procedure.
A. Hearings requested pursuant to NMC 10.45.050 shall be held in the Mercer Island municipal court, which court shall determine whether the impoundment was proper and whether the associated removal, towing and storage fees charged were proper.
B. At the hearing, the person requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were improper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer’s personal appearance at the hearing. An abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit or privilege to drive and that the driver was in fact convicted of each offense listed on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle. At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
C. If the impoundment is found to be proper, the court shall enter an order so stating. In the event that the costs of impoundment (removal, towing and storage fees) have not been paid, the court’s order shall provide that the impounded vehicle shall be released only after payment to the city of any fines imposed on the underlying citation and the costs of impoundment to the towing company, as well as payment of all court costs associated with the hearing. In the event that the court grants time payments, the city shall ensure that the costs of impoundment are ultimately paid to the towing company. The court may waive the underlying infraction fines imposed, and grant time payments for the costs of impoundment only upon a showing of extreme financial need.
D. If the impoundment is determined to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. The court shall order that the registered and legal owner of the vehicle shall bear no impoundment, towing, or storage fees, and that the city shall be liable for any such fees. The court shall enter judgment in favor of the towing contractor against the city for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owner of the vehicle and against the city for the amount of the filing fee for the impound hearing petition as well as reasonable damages for loss of use for the vehicle during the time it was impounded. Said loss of use damages shall not be less than $50.00 per day. (Ord. 2019-590 § 1 (Exh. 1)).
10.45.070 Contracts for towing and storage.
The Newcastle police department, and the city manager and/or designees, are authorized and directed to implement this chapter, enter into appropriate agreements, and to promulgate rules and regulations to provide for the fair and efficient administration of any contract(s) awarded to registered tow truck operators pursuant to this chapter. Such contracts shall be at no cost to the county and the city and shall provide that the tow truck operator 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 RCW 46.55.130, and that the county and city shall not be responsible for payment of such costs except upon order of the court pursuant to NMC 10.45.060. (Ord. 2019-590 § 1 (Exh. 1)).