Chapter 9.20
VEHICLE IMPOUNDMENT
AND REDEMPTION1
Sections:
9.20.010 Authority to impound.
9.20.030 Impoundment without prior notice.
9.20.050 Impound procedure by a law enforcement officer or authorized City employee.
9.20.070 Redemption of impounded vehicles and hearing request.
9.20.080 Post impoundment hearing procedure in Municipal Court.
9.20.090 Sale of unclaimed vehicles.
9.20.005 Purpose and intent.
This chapter shall supplement Chapter 46.55 RCW which is currently adopted in SMC 9.05.011 (Model Traffic Ordinance). In the event a conflict exists between the provisions of this chapter and Chapter 46.55 RCW, this chapter shall prevail. (Ord. 20-1016 § 1 (part))
9.20.010 Authority to impound.
The City of SeaTac Police and authorized City employees are authorized to act as agents of the City in regard to all vehicle impoundments and actions permitted by this chapter. (Ord. 20-1016 § 1 (part): Ord. 92-1014 § 1)
9.20.020 Definitions.
In addition to the definitions set forth in RCW 46.55.010, the following definitions shall apply in the interpretation and enforcement of this chapter:
A. “Authorized City employee” means an employee of the City of SeaTac who has been designated by the City Manager to request an impound of unauthorized, abandoned, and illegally parked vehicles on City of SeaTac property.
B. “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 subsequently amended. (Ord. 20-1016 § 1 (part): Ord. 92-1014 § 2)
9.20.030 Impoundment without prior notice.
A. A vehicle may be impounded with or without citation and without giving prior notice to its registered or legal owner, pursuant to RCW 46.55.113(2) or under the following circumstances:
1. The vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or
2. Whenever a mobile home is subject to removal from a mobile home park pursuant to a writ of restitution, provided such writ is attached to a SeaTac Police impound report.
B. Nothing in this section shall derogate from the powers of police officers under the common law, or other statutes or ordinances. (Ord. 20-1016 § 1 (part): Ord. 92-1014 § 3)
9.20.040 Impoundment after notice.
Repealed by Ord. 20-1016. (Ord. 92-1014 § 4)
9.20.050 Impound procedure by a law enforcement officer or authorized City employee.
A. When impoundment is authorized by this chapter, a vehicle may be impounded by a registered tow truck operator at the direction of a law enforcement officer or authorized City employee. The law enforcement officer or authorized City employee shall provide to the registered tow truck operator a form authorizing impound of a vehicle before the registered tow truck operator may proceed with the impound.
B. An authorization to impound form required in subsection (A) of this section shall be approved by either the King County Sheriff’s Office (as provided in King County Code Section 14A.60.060), the SeaTac Chief of Police, or the City Manager or designee, and shall denote the authority to impound in Chapter 46.55 RCW. (Ord. 20-1016 § 1 (part): Ord. 92-1014 § 5)
9.20.060 Notification to owner of impounded vehicle.
Repealed by Ord. 20-1016. (Ord. 92-1014 § 6)
9.20.070 Redemption of impounded vehicles and hearing request.
Vehicles impounded shall be redeemed as provided in Chapter 46.55 RCW, and in accordance with the following provisions:
A. Vehicles impounded under authority of this chapter by a registered tow truck operator, at the direction of a law enforcement officer, may be redeemed in accordance with Chapter 14.60A of the King County Code and the policies and procedures of the King County Sheriff’s Office.
B. Vehicles impounded under authority of this chapter by a registered tow truck operator, at the direction of an authorized City employee, may be redeemed only by the persons or entities listed in RCW 46.55.120(1)(a). (Ord. 20-1016 § 1 (part): Ord. 92-1014 § 7)
9.20.080 Post impoundment hearing procedure in Municipal Court.
A. In accordance with RCW 46.55.120(2)(b), any person seeking to redeem an impounded vehicle under SMC 9.20.070(A) has a right to a hearing in the SeaTac Municipal Court to contest the validity of the impoundment or the amount of towing and storage charges. Any request for a hearing shall:
1. Be in writing in a form approved by the administrator of the SeaTac Municipal Court; and
2. Be received by the SeaTac Municipal Court within ten (10) days of the date the notice of impoundment was mailed or given to such person pursuant to RCW 46.55.110 or 46.55.120(2)(a), whichever is later, and more than five (5) days before the auction.
B. At the time of the filing of the hearing request, the person requesting a hearing shall pay to the SeaTac Municipal Court a filing fee in an amount established in the City’s schedule of fees. However, the Court, in its discretion, may reduce or waive the filing fee upon proof by competent evidence that the person who is requesting the hearing is indigent as that term is defined in RCW 10.101.010(1).
C. If a hearing request is not received by the Court within the ten (10) day period specified in subsection (A)(2) of this section, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under Chapter 46.55 RCW.
D. The Court, within five (5) days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, the person or agency authorizing the impound, and the City Attorney, in writing of the hearing date and time.
E. If the vehicle has been released from impound at the time the written request is received, the hearing date must be scheduled within thirty (30) days of receipt of the written request.
F. If the vehicle is still impounded at the time the written request for a hearing is received, the hearing date must be scheduled within seven (7) days of receipt of the written request.
G. The hearing shall be conducted in accordance with any applicable court rules, state law, and City ordinances, including the provisions of RCW 46.55.120(3)(b) through (e). The Court may also consider any notice of traffic or parking infraction, the authorization to impound created pursuant to SMC 9.20.050, and any other written report made under penalty of perjury and submitted by the City in lieu of the authorized City employee’s personal appearance at the hearing.
H. In the event that the hearing is continued or rescheduled, additional fees resulting from the storage of the vehicle caused by the delay in the hearing shall be paid by the person requesting the extension, if the impound is determined to be lawful. (Ord. 20-1016 § 1 (part): Ord. 92-1014 § 8)
9.20.090 Sale of unclaimed vehicles.
Any vehicle impounded pursuant to this chapter shall be subject to the sale provisions of RCW 46.55.130 and other applicable statutes, as now enacted or hereafter amended. (Ord. 20-1016 § 1 (part): Ord. 92-1014 § 9)
9.20.100 Contracts for towing and storage.
Repealed by Ord. 20-1016. (Ord. 92-1014 § 10)
9.20.110 Additional towing contractor duties and records.
Repealed by Ord. 20-1016. (Ord. 92-1014 § 11)
9.20.120 Standards.
Repealed by Ord. 20-1016. (Ord. 92-1014 § 12)
Cross reference: See Ch. 7.25 SMC for provisions on junk vehicle storage.