This chapter identifies the authority for the impoundment of vehicles. Furthermore, this chapter supplements Chapter 46.55 RCW of the Model Traffic Ordinance entitled "Towing and Impoundment" ("MTO"), adopted by the City of Bremerton in BMC § 10.04.010, by adding provisions relating to impounds of vehicles for violations of driving while license is suspended or revoked ("DWLS") and redemption of impounded vehicles. In the event that a conflict exists between the provisions of this chapter and Chapter 46.55 RCW, this chapter shall prevail.
(Ord. 5216 § 1 (part), 2013)
(a) 
DWLS Impoundment. Whenever the driver of a vehicle is arrested for a violation of driving while license is suspended or revoked pursuant to RCW 46.20.342, or operation of motor vehicle under other license or permit while license is suspended or revoked pursuant to RCW 46.20.345, the vehicle is subject to summary impoundment at the discretion and direction of a law enforcement officer as authorized pursuant to RCW 46.55.113.
(b) 
Owner of Vehicle Responsible. It shall be the responsibility of the owner or other person lawfully charged with possession of a vehicle to ensure that any person driving such vehicle has a valid license. It shall not be a defense to impoundment or to the payment of any of the costs of impound that the owner or other person lawfully charged with the vehicle was not aware that the driver's license was suspended, revoked, or otherwise invalid.
(Ord. 5216 § 1 (part), 2013)
(a) 
DWLS in Third Degree and Operation under Other License. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) (driving while license suspended or revoked in the third degree) or RCW 46.20.345 (operation under other license or permit while license suspended or revoked), the vehicle shall be immediately redeemable, pursuant to BMC § 10.08.050(b).
(b) 
DWLS in First or Second Degree. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) (driving while license suspended or revoked in the first degree) or RCW 46.20.342(1)(b) (driving while license suspended or revoked in the second degree), the vehicle shall be impounded for fourteen (14) days.
(c) 
Exception to Impound Period. Notwithstanding the fourteen (14) day impoundment period set forth in subsection (b) of this section, an impounded vehicle may be redeemed upon payment of the costs of removal, towing, storage and applicable fees, including the administrative fee set forth in BMC § 10.08.050(b)(3), under the following circumstances:
(1) 
Due to economic or personal hardship to the spouse or when the owner of the vehicle was not the driver pursuant to RCW 46.55.120(1)(a), as now enacted or hereafter amended;
(2) 
A rental car business that owns an impounded vehicle or a motor vehicle dealer or lender with a perfected security interest in an impounded vehicle may immediately redeem the vehicle pursuant to RCW 46.55.120(1)(c) and (d), as now enacted or hereafter amended; or
(3) 
An impounded vehicle may also be immediately redeemed as otherwise required by law.
Early redemption of a vehicle impounded pursuant to the provisions of this subsection may be authorized by the Chief of Police or designee.
(Ord. 5216 § 1 (part), 2013)
(a) 
Inventory of Vehicle and Property. A vehicle impounded pursuant to BMC § 10.08.020 may be inventoried incident to impoundment pursuant to the laws of the State of Washington and the United States. With the exception of personal property seized by a police officer, personal property contained within an impounded vehicle shall continue to be the responsibility of its owner, or the person driving the vehicle, and shall be dealt with pursuant to the requirements of RCW 46.55.090 and other applicable statutes as now enacted or hereafter amended.
(b) 
Redemption of Vehicle. The redemption of impounded vehicles shall be as set forth in RCW 46.55.120, except as otherwise provided for in this chapter. An impounded vehicle may be redeemed as follows:
(1) 
Redemption. At the conclusion of the applicable period of impoundment, if any, the registered owner, a person authorized by the registered owner, or one (1) who has purchased the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A towing contractor may use any reasonable means necessary to confirm that the person redeeming the vehicle is authorized to redeem the vehicle, and neither the City nor the tow company shall be responsible for any loss resulting from a delay during the time in which the towing contractor is confirming authorization.
(2) 
Payment of Impound Costs. Prior to redeeming the impounded vehicle, any person redeeming a vehicle impounded pursuant to this section shall pay the towing contractor for the costs of impoundment, including removal, towing, and storage fees accrued as a result of the impoundment. The towing contractor shall accept payment as provided in RCW 46.55.120 and other applicable statutes as currently enacted or hereafter amended.
(3) 
Administrative Fee and Costs - DWLS Impounds. Any person redeeming a vehicle impounded pursuant to the provisions of BMC § 10.08.030(a) (DWLS Impoundment) shall pay an administrative fee of one hundred dollars ($100.00) to the City prior to the redemption of the vehicle.
(Ord. 5216 § 1 (part), 2013)
Any person seeking to redeem an impounded vehicle under this chapter has a right to a hearing in the Bremerton Municipal Court to contest the validity of the impound or the amount of towing or storage charges pursuant to RCW 46.55.120(2), as now enacted or hereafter amended. Any request for a hearing shall be made within ten (10) calendar days from the date of receipt of the notice of right of redemption and opportunity for a hearing pursuant to RCW 46.55.120(2)(b). A vehicle impounded pursuant to this chapter shall remain impounded for the required impound period regardless of the filing of a request for a hearing, unless otherwise released by the Chief of Police or the Bremerton Municipal Court.
(Ord. 5216 § 1 (part), 2013)