Chapter 12.26
IMPOUNDMENT OF VEHICLES
Sections:
Article I. Vehicles Driven by Persons with Suspended or Revoked Licenses or Persons Driving While Under the Influence
12.26.010 Impoundment of vehicles driven by suspended/revoked drivers.
12.26.020 Impoundment of vehicles driven by persons while under the influence (DUI).
12.26.030 Holding vehicles impounded.
12.26.040 Redemption of impounded vehicles.
Article II. Reserved
Article I. Vehicles Driven by Persons with Suspended or Revoked Licenses or Persons Driving While Under the Influence
12.26.010 Impoundment of vehicles driven by suspended/revoked drivers.
Pursuant to the authority of RCW 46.55.113, whenever a motor vehicle is found to be operated by a person with a suspended or revoked driver’s license in violation of RCW 46.20.342, (Driving while license suspended or revoked (DWLS/DWLR)) or 46.20.420 (Operation of a vehicle under other license or permit prohibited while license suspended or revoked) the vehicle is subject to impoundment at the direction of a law enforcement officer. (Ord. 1399 § 1, 1999).
12.26.020 Impoundment of vehicles driven by persons while under the influence (DUI).
Pursuant to the authority of RCW 46.55.113, whenever a driver of a vehicle is arrested for driving while under the influence (DUI) in violation of RCW 46.61.502 or 46.61.504, the vehicle is subject to impoundment at the direction of a law enforcement officer. (Ord. 1399 § 2, 1999).
12.26.030 Holding vehicles impounded.
(a) If the driver is the registered owner of the vehicle and is arrested for a violation of RCW 46.20.342(1)(c) (3rd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be impounded, but no suspended driver hold shall be placed on the vehicle. If the driver is also the registered owner, then the vehicle shall be held until all outstanding penalties, fines, and forfeitures owed by him/her are satisfied. The driver/registered owner must present proof from a court of law that he/she has no outstanding penalties, fines, or forfeitures.
(b) If the driver is the registered owner of the vehicle and is arrested for a violation of RCW 46.30.342(1)(c) (3rd degree suspended/revoked) and has any prior convictions for violations of RCW 46.20.342 in the past, the vehicle shall be held for thirty days.
(c) If the driver is the registered owner of the vehicle and is arrested for a violation of RCW 46.20.342(1)(a) or (b) (1st or 2nd degree suspended/revoked) and has no convictions for violations of RCW 46.20.342 in the past five years, the vehicle shall be held for thirty days.
(d) If the driver is the registered owner of the vehicle and is arrested for a violation of RCW 46.20.342(1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342(1)(a) or (b) in the past five years, the vehicle shall be held for sixty days.
(e) If the driver is the registered owner of the vehicle and is arrested for a violation of RCW 46.20.342(1)(a) or (b) (1st or 2nd degree suspended/revoked) and has been convicted of a violation of RCW 46.20.342(1)(a) or (b) two or more times in the past five years, the vehicle shall be held for ninety days.
(f) DUI. When a person has been arrested for DUI and during the course of the investigation the arresting officer has information that:
(1) The person under arrest has one prior conviction for DUI in the last seven years, the officer shall serve on the driver a notice of possible forfeiture form as provided by the Omak police department. The vehicle at that time shall be impounded and held at a location designated by the chief of police, until such time as the vehicle is either forfeited through the forfeiture process as outlined in RCW 46.61.5058 or released to the registered owner if no forfeiture is granted.
(2) The person under arrest has two prior convictions for DUI in the last seven years, the officer shall serve on the arrested person a notice of seizure as provided for in RCW 46.61.5058.
Any appeal from this process shall be made according to RCW 46.61.5058(6).
(g) Impound Fees and Storage Costs.
(1) The fees for impoundment and storage under section 12.26.030(c) shall be set by council resolution. Storage costs shall commence with the first full day after impoundment has taken place. All fees and storage costs shall be paid in full to the Omak police department during regular business hours prior to the release of any impounded vehicle in subsection (c) of this section. The city council for the city of Omak may adopt additional fees for weekend, after-hours and holiday releases.
(2) Fees for impoundment and storage under subsections (a) and (b) of this section shall be paid as required in 12.26.040(a) of this chapter.
(h) Hardship Release. The chief of the Omak police department or one of his officers may issue a written order to release the vehicle from impound before the expiration of the impound period on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator’s criminal history and driving record. (Ord. 1495 § 1, 2003; Ord. 1459 § 1, 2001; Ord. 1399 § 3, 1999).
12.26.040 Redemption of impounded vehicles.
Vehicles impounded pursuant to Section 12.26.010 may be redeemed, after being held for the requisite number of days in impound under Section 12.26.030, upon the following conditions:
(a) The person redeeming the vehicle is an eligible person to redeem the vehicle under RCW 46.55.120(1)(a) and pays all towing, removal, and storage fees as provided in RCW 46.55.120(1)(b); and
(b) When the vehicle was impounded because the operator was in violation of RCW 46.20.342 and the operator is the registered owner, such registered owner establishes with the chief of Omak police department that all fines, penalties or forfeitures owned by him or her for traffic violations have been paid in full; and
(c) Issuance of a written order from the chief of the Omak police department or one of his officers directing release of the impounded vehicle. (Ord. 1399 § 4, 1999).
12.26.050 Contesting hearing.
(a) Any person seeking to redeem a vehicle impounded under this chapter has the right to a hearing in the Omak municipal court to contest the validity of the impoundment. Any request for a hearing shall be made in writing on the form provided for that purpose as specified in RCW 46.55.120(2)(a) and must be received by the court within ten days of the date of the impoundment. 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 a suit in district court. If the hearing request is not received by the court within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage or other impoundment charges permitted.
(b) The chief of the Omak police department or his designated impoundment authorizing officer shall appear and represent the chief at the impoundment validity hearing in the Omak municipal court. The city attorney for the city of Omak is not required to appear on behalf of the city at the hearing.
(c) 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 convicted of each offense shown on the abstract. In addition, a certified vehicle registration of the impoundment vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle. (Ord. 1399 § 5, 1999).
12.26.060 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 1399 § 6, 1999).
Article II. (Reserved)