(1) 
The Lewis County Board of Commissioners finds that the regulation of public roadways within Lewis County is necessary to protect the health and safety of the public; to this end, the Board finds that good cause exists to provide for the impoundment of motor vehicles when said vehicles present a danger to the public health and safety.
(2) 
The Board further adopts the legislative findings of Washington Laws of 1998, Chapter 203, section 1.
(Ord. 1162A § 1, 1998)
The definitions set forth in this section apply throughout this chapter:
(1) 
"Department"
at all times refers to the Department of Licensing of the state of Washington.
(2) 
"Sheriff"
at all times refers to the Lewis County Sheriff and shall include the Sheriff's representative.
(3) 
"Impound"
means to take and hold a vehicle in legal custody. There are two types of impounds–public and private. This chapter applies only to public impounds
(4) 
"Public impound"
means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located.
(5) 
"Master log"
means the document or an electronic facsimile prescribed by the Sheriff in which an operator records transactions involving impounded vehicles; PROVIDED, however, that the Sheriff will prescribe the master log currently utilized by the Department of Licensing.
(6) 
"Registered tow truck operator" or "operator"
means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned and unclaimed vehicles.
(7) 
"Tow truck"
means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the state patrol.
(8) 
"Tow truck number"
means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.
(9) 
"Tow truck permit"
means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it.
(10) 
"Tow truck service"
means the transporting upon the public streets and highways of this state of vehicles, together with personal effects and cargo, by a tow truck of a registered operator.
(11) 
"Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in a public place for the indicated period of time. Vehicles are subject to removal when:
(a) 
The provisions of LCC § 9.20.020 are satisfied---immediately.
(b) 
The provisions of LCC § 9.20.030 are satisfied---24 hours.
(Ord. 1162A § 2, 1998)
Whenever the driver of a vehicle is arrested within Lewis County for a violation of RCW 46.61.502 or 46.61.504 or of RCW 46.20.342 or 46.20.420, the vehicle is subject to impoundment at the direction of a law enforcement officer. In addition, such officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:
(1) 
Whenever the officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
(2) 
Whenever the officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
(3) 
Whenever the officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;
(4) 
Whenever the driver of a vehicle is arrested and taken into custody by an officer;
(5) 
Whenever the officer discovers a vehicle that the officer determines to be a stolen vehicle;
(6) 
Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;
(7) 
Upon determining that a person is operating a motor vehicle without a valid driver's license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more.
Nothing in this section may derogate from the powers of law enforcement officers under the common law. For the purposes of this section, a place of safety may include the business location, within Lewis County, of a registered tow truck operator.
(Ord. 1162A § 3, 1998)
(1) 
If a vehicle is in violation of the time restrictions of LCC § 9.20.010(11), it may be impounded by a registered tow truck operator at the direction of a law enforcement officer or other public official with jurisdiction if the vehicle is on public property. A law enforcement officer may also direct the impoundment of a vehicle pursuant to a writ or court order.
(2) 
A law enforcement officer or public official requesting a public impound shall provide a signed authorization for the impound at the time and place of the impound to the registered tow truck operator before the operator may proceed with the impound.
(3) 
A registered tow truck operator shall record and keep in the operator's files the date and time that a vehicle is put in the operator's custody and released. The operator shall make an entry into a master log regarding transactions relating to impounded vehicles. The operator shall make this master log available, upon request, to the Sheriff's representative.
(4) 
A person who engages in or offers to engage in the activities of a registered tow truck operator may not be associated in any way with a person or business whose main activity is authorizing the impounding of vehicles.
(5) 
A law enforcement officer discovering an unauthorized vehicle left within a highway right of way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
(a) 
The date and time the sticker was attached;
(b) 
The identity of the officer;
(c) 
A statement that if the vehicle is not removed within twenty-four hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner's expense; and
(d) 
The address and telephone number where additional information may be obtained.
(6) 
If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
(7) 
If the vehicle is not removed within twenty-four hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle's removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside for more than twenty-four hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
(8) 
For the purposes of this section a place of safety includes the business location, within Lewis County, of a registered tow truck operator.
(Ord. 1162A § 4, 1998)
(1) 
All vehicles impounded shall be taken to the nearest storage location that has been inspected and is listed on the application filed with the Sheriff.
(2) 
All vehicles shall be handled and returned in substantially the same condition as they existed before being towed.
(3) 
All personal belongings and contents in the vehicle, with the exception of those items of personal property that are registered or titled with the department, shall be kept intact, and shall be returned to the vehicle's owner or agent during normal business hours upon request and presentation of a valid driver's license or other sufficient identification. Personal belongings, with the exception of those items of personal property that are registered or titled with the department, shall not be sold at auction to fulfill a lien against the vehicle.
(4) 
All personal belongings not claimed before the auction, with the exception of those items of personal property that are registered or titled with the department, shall be turned over to the Sheriff. Such personal belongings shall be disposed of pursuant to Chs. 63.32 or 63.40 RCW.
(5) 
Tow truck drivers shall have a Washington state driver's license endorsed for the appropriate classification under chapter 46.25 RCW or the equivalent issued by another state.
(6) 
Any person who shows proof of ownership or written authorization from the impounded vehicle's registered or legal owner or the vehicle's insurer may view the vehicle without charge during normal business hours.
(Ord. 1162A § 5, 1998)
(1) 
When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the unauthorized vehicle and the owners of any other items of personal property registered or titled with the department. The notification shall be sent by first-class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the vehicle, and the owners of any other items of personal property registered or titled with the department, as provided by the law enforcement agency, and shall inform the owners of the identity of the person or agency authorizing the impound. The notification shall include the name of the impounding tow firm, its address, and telephone number. The notice shall also include the location, time of the impound, and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment, pursuant to LCC § 9.20.060.
(2) 
If the date on which a notice required by subsection (1) of this section is to be mailed falls upon a Saturday, Sunday, or a postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
(3) 
No notices need be sent to the legal or registered owners of an impounded vehicle or other item of personal property registered or titled with the department, if the vehicle or personal property has been redeemed.
(Ord. 1162A § 6, 1998)
(1) 
Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to LCC § 9.20.020 or .030 may be redeemed only under the following circumstances:
(a) 
Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner, who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (1)(f) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.
(b) 
A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the Sheriff. The Sheriff may issue a written order to release a vehicle impounded under this chapter prior to the expiration of any period of impoundment upon: (1) petition of the spouse of the driver based upon economic or personal hardship, resulting from the unavailability of the vehicle; and, (2) after consideration of the threat to public safety that may result from release of the vehicle, including, but not limited to, the driver's criminal history, driving record, license status, and access to the vehicle. The spouse receiving the released vehicle must present a valid driver's license to the Sheriff at the time such release is requested.
(c) 
If a vehicle is impounded because the operator is currently in violation of RCW 46.20.342(1) (a) or (b), the vehicle may be held for up to thirty days at the written direction of the Sheriff.
(d) 
If a vehicle is impounded because the operator is currently in violation of, and also has been convicted of a violation of RCW 46.20.342(1)(a) or (b) within the past five years, the vehicle may be held at the written direction of Sheriff for up to sixty days, and for up to ninety days if the operator has two or more such prior offenses.
(e) 
If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of (f) of this subsection, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency.
(f) 
The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.420 and was being operated by the registered owner when it was impounded, it must not be released to any person until the registered owner establishes with the Sheriff that any and all penalties, fines, or forfeitures owed by him or her have been satisfied. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer's bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section, or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section, shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney's fees.
(2) 
(a) 
The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a permanent record evidenced by the redeeming person's signature that such notification was provided.
(b) 
Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the district court for Lewis County to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents, including the Sheriff. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the appropriate court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section. 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 the filing of 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 under this chapter. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment. The Sheriff shall represent the county at the hearing before the district court. The Prosecuting Attorney's Office may represent the county in the event of appeals from judgments of the district court.
(3) 
(a) 
The court shall timely 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, and the person or agency authorizing the impound in writing of the hearing date and time.
(b) 
At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. 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.
(c) 
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.
(d) 
If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a public agency or official.
(e) 
If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the agency who authorized the impoundment shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition, as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys' fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice.
(4) 
Any impounded unclaimed vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale, as required by LCC § 9.20.050, shall be sold at public auction in accordance with all the provisions and subject to all the conditions of LCC § 9.20.070. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.
(Ord. 1162A § 7, 1998)
(1) 
If after the expiration of fifteen days from the date of mailing of notice of custody and sale required in LCC § 9.20.050 to the registered and legal owners, the vehicle remains unclaimed and has not been listed as a stolen vehicle, then the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle and process the vehicle in accordance with the applicable provisions and requirements of RCW 46.55.130.
(2) 
All surplus moneys derived from the auction after satisfaction of the registered tow truck operator's lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund, pursuant to RCW 46.55.130(2)(h). A report identifying the vehicles resulting from any surplus shall accompany the remitted funds. If the Sheriff subsequently receives a valid claim from the registered vehicle owner of record, as determined by records of the department within one year from the date of the auction, the surplus moneys shall be remitted to such owner.
(3) 
In no case may the accumulation of storage charges exceed fifteen days from the date of receipt of the information by the operator from department records, as provided in LCC § 9.20.050. The failure of the registered tow truck operator to comply with the time limits provided in this chapter limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incomplete identifying information to the sheriff in the unclaimed vehicle report shall be considered a failure to comply with these time limits if correct information is available.
(Ord. 1162A § 8, 1998)
(1) 
The registered tow truck operator who has a valid and signed impoundment authorization shall possess an operator's lien upon the impounded vehicle, and such other rights, responsibilities and liabilities as set forth in RCW 46.55.140.
(2) 
The registered tow truck operator shall keep a permanent transaction file on each vehicle, in accordance with the provisions of RCW 46.55.150, and containing both those items required for disposition of the vehicle under LCC § 10.30.070 and the impoundment authorization under LCC § 10.30.030.
(3) 
The registered tow truck operator's records, equipment, and facilities shall be subject to inspection and audit by the sheriff in accordance with the provisions of RCW 46.55.160.
(4) 
Complaints involving the operation, conduct, or equipment of a registered tow truck operator shall be forwarded to the sheriff in accordance with the provisions of RCW 46.55.170.
(Ord. 1162A § 9, 1998)
(1) 
The Lewis County board of commissioners may enter into contracts with towing contractors to provide towing and storage services on request of the Lewis County sheriff's office, pursuant to this chapter. Such contracts shall be at no cost to the county and shall provide that the towing contractor may recover the costs of towing and storage only from the person seeking to redeem the impounded vehicle, or from the sale of an unclaimed vehicle, pursuant to LCC § 10.30.070, and that the county shall not be responsible for payment of such costs, except upon order of the district court for Lewis County.
(2) 
The commissioners may specify that towing services obtained by the county will be on a rotational basis, or other basis in specific areas of the county. The commissioners may specify the rates that towing contractors may charge persons seeking to redeem impounded vehicles for towing and storage services provided pursuant to this chapter.
(3) 
Towing contractors shall be licensed and registered with the state of Washington, shall comply with the provisions of Chapter 46.55 RCW, and shall file their storage and towing rates with the sheriff. The sheriff shall develop relevant forms and notices and shall adopt the standards and policies necessary to carry out the provisions and intent of this chapter.
(Ord. 1162A § 10, 1998)