See also Chapter 7-5.
A. 
Vehicle Subject To Impoundment: Whenever the driver of a vehicle is arrested for a violation of DWLS, the vehicle is subject to impoundment at the discretion of a police officer.
B. 
Past Record:
1. 
If a vehicle is impounded because the driver is arrested for a violation of Revised Code of Washington 46.20.342(1)(c), DWLS third degree, and the Washington department of licensing’s records show that the driver has been convicted of a violation of Revised Code of Washington 46.20.342(1)(c), DWLS third degree, once within the past five (5) years, the vehicle shall be impounded for fifteen (15) days.
2. 
If a vehicle is impounded because the driver is arrested for a violation of Revised Code of Washington 46.20.342(1)(c), DWLS third degree, and the Washington department of licensing’s records show that the driver has been convicted two (2) or more times of a violation of Revised Code of Washington 46.20.342(1)(c), DWLS third degree, within the past five (5) years, the vehicle shall be impounded for thirty (30) days.
3. 
If a vehicle is impounded because the driver is arrested for a violation of Revised Code of Washington 46.20.342(1)(a) or (b), DWLS first degree or second degree, and the Washington department of licensing’s records show that the driver has not been convicted of a violation of Revised Code of Washington 46.20.342(1)(a) or (b), DWLS first degree or second degree, within the past five (5) years, the vehicle shall be impounded for thirty (30) days.
4. 
If a vehicle is impounded because the driver is arrested for a violation of Revised Code of Washington 46.20.342(1)(a) or (b), DWLS first degree or second degree, and the Washington department of licensing’s records show that the driver has been convicted of a violation of Revised Code of Washington 46.20.342(1)(a) or (b), DWLS first degree or second degree, once within the past five (5) years, the vehicle shall be impounded for sixty (60) days.
5. 
If a vehicle is impounded because the driver is arrested for a violation of Revised Code of Washington 46.20.342(1)(a) or (b), DWLS first degree or second degree, and the Washington department of licensing’s records show that the driver has been convicted of a violation of Revised Code of Washington 46.20.342(1)(a) or (b), DWLS first degree or second degree, two (2) or more times within the past five (5) years, the vehicle shall be impounded for ninety (90) days.
(Ord. 576, 6-14-1999, eff. 7-1-1999)
A. 
Notice To Owner: Not more than twenty four (24) hours after impoundment of any vehicle, the impounding tow truck operator shall mail a notice by first class mail to the last known and legal owner of the vehicle, as may be disclosed by the vehicle identification number, and as provided by the Washington state department of licenses. The notice shall contain the full particulars of the impoundment, redemption, and opportunity for hearing to contest the propriety of the impoundment as hereinafter provided.
B. 
Notice To Others: Similar notice shall be given to each person who seeks to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed.
C. 
Notice Of Removal Of Investigatory Hold: The police department shall give written notification to the last registered and legal owner that the investigatory hold has been removed. Notice shall be given not more than twenty four (24) hours after the investigatory hold has been removed; except that if a vehicle is redeemed following notice by telephone and prior to the mailing of notice, then notice need not be mailed. In addition, the police department shall notify the towing firm, by telephone or in writing, of the authorization to release such vehicle.
(Ord. 576, 6-14-1999, eff. 7-1-1999)
Vehicles impounded by the city shall be redeemed only under the following circumstances:
A. 
Registered Owner Or Representative: Only the registered owner, a person authorized by the registered owner or one 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 person redeeming a vehicle impounded pursuant to the above section must, prior to redemption, establish that he or she has a valid driver’s license.
B. 
Payment Of Towing Charges: Any person so redeeming a vehicle impounded by the city shall pay the towing firm for the costs of impoundment, including removal, towing and storage, and pay the administrative fee to the city clerk-treasurer or his/her designee prior to redeeming such vehicle. The towing firm shall accept payment as provided in Revised Code of Washington 46.55.120(1)(b), as now or hereafter amended. If the vehicle was impounded pursuant to the above and was being operated by the registered owner when it was impounded, it may not be released to any person until all penalties, fines or forfeitures owed by the registered owner have been satisfied.
C. 
Redemption; Petition Of Spouse: The chief of police is authorized to release a vehicle impounded pursuant to the above section prior to the expiration of any period of impoundment upon petition of the spouse of the driver based upon economic or personal hardship to such spouse resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from the release of the vehicle, including, but not limited to, the driver’s criminal history, driving record, license status and access to the vehicle. If such release is authorized, the person redeeming the vehicle must satisfy the requirements of this section.
D. 
Impoundment For Traffic Citation; Right To Hearing: Any person seeking to redeem a vehicle impounded as a result of a traffic citation has a right to a hearing before an administrative hearings officer to contest the validity of the impoundment or the amount of removal, towing and storage charges or the administrative fee if such request for hearing is in writing, in the form approved by the chief of police and signed by such person, and is received by the chief of police within ten (10) days (including Saturdays, Sundays and holidays) of the latter of the date the notice was mailed to such person pursuant to the above section, or the date the notice was given to such person by the registered tow truck operator pursuant to Revised Code of Washington 46.55.120(2)(a). Such hearing shall be provided as follows:
1. 
If all of the requirements to redeem the vehicle, including the expiration of any period of impoundment have been satisfied, then the impounded vehicle shall be released immediately and a hearing shall be held within ninety (90) days from the written request for hearing.
2. 
If not all of the requirements to redeem the vehicle, including the expiration of any period of impoundment have been satisfied, then the impounded vehicle shall not be released until after the hearing, which shall be held within two (2) business days (excluding Saturdays, Sundays and holidays) of the written request for the hearing.
3. 
Any person seeking a hearing who has failed to request such hearing within the time may petition the chief of police for an extension to file a request for hearing. Such extension shall be granted only upon the demonstration of good cause as to the reason(s) the request for the hearing was not timely filed. For the purposes of this section, good cause shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this article.
4. 
If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment and administrative fee are deemed to be proper, and the city shall not be liable for removal, towing and storage charges arising from the impoundment.
5. 
In accordance with Revised Code of Washington 46.55.240(1)(d), a decision made by the administrative hearings officer may be appealed to the municipal court for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such decision must file a request for an appeal in the municipal court within fifteen (15) days after the decision of the administrative hearings officer and must pay a filing fee in the same amount required for the filing of a suit in district court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to appeal is waived and the administrative hearings officer’s decision is final.
(Ord. 581, 9-13-1999)
Hearings requested shall be held by an administrative hearings officer, who shall determine whether the impoundment was proper and whether the associated removal, towing, storage and administrative fees were proper.
A. 
Driving Record Admissible: 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 impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.
B. 
Findings, Proper Impoundment: If the impoundment is found to be proper, the administrative hearings officer shall enter an order so stating. In the event the costs of impoundment (removal, towing and storage) and the administrative fee have not been paid or any other applicable requirements have not been satisfied or any period of impoundment has not expired, the administrative hearings officer’s order shall also provide that the impounded vehicle shall be released only after payment to the city of any fines imposed upon any of the underlying traffic citations and satisfaction of all other applicable requirements and payment of the costs of impoundment and administrative fee to the towing firm and after the expiration of any period of impoundment set forth above.
C. 
Findings, Improper Impoundment: If the impoundment is found to be improper, the administrative hearings officer shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment and administrative fee have already been paid, the administrative hearings officer shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment and administrative fee in the amount of the costs of this impoundment and administrative fee.
D. 
Impoundment Proper; Fees Improper: In the event the administrative hearings officer finds that the impoundment was proper, but the removal, towing, storage or administrative fee charged for impoundment were improper, the administrative hearings officer shall determine the correct fees to be charged. If the costs of impoundment and the administrative fee have been paid, the administrative hearings officer shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment and administrative fee for the amount of the overpayment.
E. 
Effect On Subsequent Criminal Prosecution: No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution.
F. 
Appeal Decision To Municipal Court: An appeal of the administrative hearings officer’s decision in the municipal court shall be conducted according to, and is subject to, the procedures of this section. If the court finds that the impoundment or the removal, towing, storage or administrative fees are improper, any judgment entered against the city shall include the amount of the filing fee.
(Ord. 576, 6-14-1999, eff. 7-1-1999)
A. 
Redemption Fee Established: If a vehicle is impounded pursuant to the above section, the administrative fee of one hundred dollars ($100.00) shall be levied when the vehicle is redeemed under the specifications of the contract provided for.
B. 
Disposition Of Fee: The administrative fee shall be paid to the city clerk-treasurer or his/her designee. The administrative fee shall be for the purpose of off setting, to the extent practical, the cost of the city of implementing, enforcing and administering the provisions of this article and shall be deposited in the appropriate account.
(Ord. 581, 9-13-1999)
The chief of police is authorized to promulgate rules and regulations consistent with this article and other ordinances of the city to provide for the fair and efficient administration of this article.
(Ord. 576, 6-14-1999, eff. 7-1-1999)