Chapter 11.34
IMPOUND OF VEHICLES

Sections:

11.34.010    Notice to impound – Authority of contractor.

11.34.020    Procedure when no towing contract has been awarded.

11.34.030    Impoundment for driving while license suspended/revoked (DWLS/DWLR).

11.34.010 Notice to impound – Authority of contractor.

If a towing contract has been awarded, the police officer ordering impounding shall immediately notify the contractor of the location of the impounded vehicle. Such contractor shall thereupon be authorized to seize and impound said vehicle and remove it to a city-approved vehicle impound station. [Ord. 78-77 § 1.11; Ord. 2022-29 § 23].

11.34.020 Procedure when no towing contract has been awarded.

A. The chief of police shall maintain a list of all businesses within the city of Richland, which businesses are licensed, properly equipped, and otherwise qualified to engage in the occupation of vehicle towing and storage. As a condition precedent to the name of any such business appearing upon the list so compiled by the chief of police, each such business shall file with the finance director a bond in the sum of $10,000 binding the business and its authorized representative, as principal, and also executed by a surety company authorized to do business in the state of Washington, which bond shall be conditioned upon the business faithfully performing impound and emergency towing pursuant to city ordinance when so authorized by the Richland police department. The bond shall be in a form approved by the city attorney, and the sufficiency of the surety shall be approved by the city manager and finance director.

B. As an additional condition precedent to the name of any such business appearing on the list so compiled by the chief of police, each such business shall present to the finance director evidence, satisfactory to the finance director, reflecting that the business fully complies with all Washington State standards and requirements for towing businesses, including but not limited to those standards set forth in Chapter 204-91A WAC, as the same presently exists or may hereafter be amended; provided, however, that the requirement of compliance with Washington State standards shall not apply to any towing business licensed to do business by the city of Richland on the effective date of the ordinance amending and codified in this section. As a final condition precedent to the name of any such business appearing on the list so compiled by the chief of police, each such business shall present to the finance director a copy of a valid insurance certificate insuring the business against liability for loss or damage to the vehicle and its contents during impound, towing, or storage. Maintenance of the bond, insurance and compliance with state standards to the extent provided in this section shall be conditions precedent to the name of such business continuing to appear on the list compiled by the chief of police.

C. Vehicle impounds and emergency tows shall be assigned to the businesses named on the list so compiled by the chief of police, on a rotational basis; provided, that in the event that it is not possible to contact a business heading the list at any particular time, or such business is unwilling or unable to accept the impound or emergency tow, the next business appearing on the list shall be contacted until the impound or emergency tow is accepted. The police officer ordering the impound or emergency tow, or a member of the police department acting under the authority of the police officer ordering the impound or emergency tow, shall notify the business which has accepted the impound or emergency tow of the location of the vehicle to be impounded or towed. The business so notified shall thereupon be authorized to seize such vehicle and remove the same to the city vehicle pound or, in the case of an emergency tow, to another appropriate location. [Ord. 78-77 § 1.11; Ord. 5-78 § 1.01; Ord. 23-95; Ord. 2022-29 § 23].

11.34.030 Impoundment for driving while license suspended/revoked (DWLS/DWLR).

A. Authority. Pursuant to the authority of RCW 46.55.113, whenever the driver of a vehicle is arrested for violation of RCW 46.20.342, driving while license suspended or driving while license revoked, or RCW 46.20.345, operation of vehicle under other license or permit prohibited while license suspended or revoked, the vehicle is subject to impoundment at the direction of the Richland police department or one of its officers for a length of time provided by this section. Towing operators impounding vehicles pursuant to this chapter must comply with all the statutory requirements established in RCW 46.55.110, 46.55.120 and 46.55.130 relating to notification of impound and sale of vehicle to the registered or legal owner.

B. Vehicle Impound – DWLS/DWLR First or Second Degree. When a vehicle is impounded because the operator is arrested for violation of RCW 46.20.342(1)(a), DWLS first degree, or RCW 46.20.342(1)(b), DWLS second degree, the vehicle will be held in impound, at the written direction of the Richland police department, for a period of time set forth below:

1. Thirty days when the Department of Licensing’s records show that the operator has no prior conviction of RCW 46.20.342(1)(a), DWLS first degree, or RCW 46.20.342(1)(b), DWLS second degree, within the past five years; or

2. Sixty days when the Department of Licensing’s records show that the operator has been convicted once for RCW 46.20.342(1)(a), DWLS first degree, or RCW 46.20.342(1)(b), DWLS second degree, within the past five years; or

3. Ninety days when the Department of Licensing’s records show that the operator has been convicted two or more times for RCW 46.20.342(1)(a), DWLS first degree, or RCW 46.20.342(1)(b), DWLS second degree, within the past five years.

C. Vehicle Impound – DWLS/DWLR Third Degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.342(1)(c), third degree, the vehicle will be held in impound or immediately released, at the written direction of the Richland police department, as set forth below:

1. Immediate release when the Department of Licensing’s records show that the operator has no prior convictions of RCW 46.20.342(1)(a), DWLS first degree, RCW 46.20.342(1)(b), DWLS second degree, RCW 46.20.342(1)(c), DWLS third degree, or similar local ordinance within the past five years; or

2. Thirty days when the Department of Licensing’s records show that the operator has one or more convictions of RCW 46.20.342(1)(a), DWLS first degree, RCW 46.20.342(1)(b), DWLS second degree, RCW 46.20.342(1)(c), DWLS third degree, or similar local ordinance within the past five years.

D. Redemption of Vehicle. Vehicles impounded pursuant to this section may be redeemed after being held for the requisite impoundment period as set forth in subsections (B) and (C) of this section and the following conditions have been satisfied:

1. Eligible person as established in RCW 45.55.120 pays all towing, removal, storage and administrative fees of $50.00 in commercially reasonable tender as provided in RCW 46.55.120; and

2. In addition, when the vehicle was impounded because the operator was in violation of RCW 46.20.342 and the operator was the registered owner of the vehicle at the time of the impound, such registered owner shall pay all penalties, fines, and forfeitures owed by him or her. The Richland police department, or designee, shall issue a written order directing the release of the impounded vehicle when all the terms and conditions of redeeming such vehicle, as set forth in this section, are satisfied.

E. Early Release of Vehicle. The spouse of the operator, registered owner of a company vehicle, representative of a rental car agency when ownership of the impounded vehicle has been determined to be in its name, lending institution with a security interest in the impounded vehicle, owner of the vehicle who was not the operator at the time of the impound, or any other allowable party under the provision of RCW 46.55.120, may petition the Richland city attorney’s office, as designee of the Richland police department, during normal business hours for early release of the impounded vehicle before the expiration of the impound period on the basis of economic or personal hardship taking into consideration public safety, the operator’s criminal history and driving record. If the Richland city attorney’s office grants the petitioner’s request for early release of the impounded vehicle, the petitioner must pay all towing, removal, storage and administrative fees, including the administrative fee of $50.00 to the impound revenue fund, in commercially reasonable tender as provided in RCW 46.55.120 before the impounded vehicle will be released.

F. Contesting Impoundment. Any person seeking to contest the validity of the impoundment or the amount of towing and storage charges has a right pursuant to the provisions of RCW 46.55.120 to a hearing in Benton County district court.

G. Severability. If any provision of this section or its application to any person or circumstance is held invalid, the remainder of this section or the application of the provisions of other persons or circumstances is not affected. [Ord. 19-00; Ord. 15-06; Ord. 2022-29 § 23].