Whenever the driver of a vehicle is arrested for a violation of DUI (RCW 46.61.502) or physical control while under the influence (RCW 46.61.504) or driving while license suspended or revoked (RCW 46.20.342) or operation of motor vehicle under other license or permit prohibited while license is suspended or revoked (RCW 46.20.345), the vehicle shall be impounded at the direction of a West Richland police officer pursuant to the authority of RCW 46.55.113. The authority as contained herein is in addition to other statutory provisions authorizing police officers to take into custody other vehicles.
(Ord. 425 § 1, 1981; Ord. 19-99 § 2, 1999)
The impoundment authorized by this chapter shall be:
A. 
Vehicle Impound – DWLS/DWLR First or Second Degree. When a vehicle is impounded because the operator is arrested for a violation of DWLS first degree (RCW 46.20.342(1)(a)) or a violation of DWLS second degree (RCW 46.20.342(1)(b)), the vehicle will be held in impound, at the written direction of the West Richland police department, for a period of time as set forth below:
1. 
Thirty days if the records of the Department of Licensing show that the operator has no prior conviction of DWLS first degree (RCW 46.20.342(1)(a)) or DWLS second degree (RCW 46.20.342(1)(b)) within the past five years; or
2. 
Sixty days if the records of the Department of Licensing show that the operator has been convicted once for DWLS first degree (RCW 46.20.342(1)(a)) or DWLS second degree (RCW 46.20.342(1)(b)) within the past five years; or
3. 
Ninety days if the records of the Department of Licensing show that the operator has been convicted two or more times for DWLS first degree (RCW 46.20.342(1)(a)) or DWLS second degree (RCW 46.20.342(1)(b)) within the past five years.
B. 
Vehicle Impound – DWLS/DWLR Third Degree. When a vehicle is impounded because the operator is arrested for a violation of DWLS third degree (RCW 46.20.342(1)(c)), the vehicle will be held in impound or immediately released at the written direction of the West Richland police department; as set forth below:
1. 
Immediate release if the records of the Department of Licensing show that the operator has no prior convictions of DWLS first degree (RCW 46.20.342(1)(a)), DWLS second degree (RCW 46.20.342(1)(b)), DWLS third degree (RCW 46.20.342(1)(c)) or similar local ordinances within the past five years; or
2. 
Thirty days if the records of the Department of Licensing show that the operator has one or more convictions of DWLS first degree (RCW 46.20.342(1)(a)) or DWLS second degree (RCW 46.20.342(1)(b)) within the past five years.
C. 
Vehicle Impound – DUI or Physical Control. When a vehicle is impounded because the operator is arrested for a DUI (RCW 46.61.502), where the operator at the same time is not in violation of RCW 46.20.342, or when a vehicle is impounded because the operator is arrested for physical control while under the influence (RCW 46.61.504), the vehicle will be subject to immediate release at the written direction of the West Richland police department.
(Ord. 425 § 2, 1981; Ord. 19-99 § 2, 1999)
Vehicles impounded pursuant to this chapter may be released from impoundment and redeemed after being held for the requisite impoundment period as set in WRMC 10.20.020 and when the following conditions have been satisfied:
A. 
Eligible persons as established in RCW 46.55.120(1) pay all towing, removal, and storage fees, as well as an administrative fee as set by city council in the master fee schedule.
B. 
When a vehicle is impounded because the operator is in violation of RCW 46.20.342 or 46.20.345 and the operator is a registered owner of the vehicle at the time of impound, such registered owner shall establish that all penalties, fines, and forfeitures owed by the operator have been satisfied.
The West Richland police department shall issue a written order directing the release of the impounded vehicle when all the terms and conditions of redeeming said vehicle, as set forth in this section, have been satisfied.
(Ord. 425 § 3, 1981; Ord. 19-99 § 2, 1999; Ord. 16-14 § 1 (Att. A), 2014)
The spouse of the operator, the registered owner of a company vehicle, a representative of a rental car agency when ownership of the impounded vehicle has been determined to be in its name, a lending institution with security interest in the impounded vehicle, the owner of the vehicle who was not the operator at the time of the impound, or any other allowable party under the provisions of RCW 46.55.113, may petition the West Richland police department during normal business hours for early release of an 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 West Richland police department grants the petitioner's request for early release of the impounded vehicle, the petitioner must pay all towing, removal, and storage fees, as well as an administrative fee as set by city council in the master fee schedule, before the impounded vehicle can be released.
(Ord. 425 § 4, 1981; Ord. 19-99 § 2, 1999; Ord. 16-14 § 1 (Att. A), 2014)
Any person seeking to contest the validity of the impound or the amount of the towing, storage or administrative fee, has a right to a hearing in the Benton County district court in accordance with the provisions of RCW 46.55.120. The petitioner shall pay to the court clerk a filing fee in the amount required for the filing of a suit in district court. At the time of 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 copy of the 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. A representative from the West Richland police department may appear at the hearing to represent the city of West Richland. In lieu of personal appearance by the West Richland police department, the court may consider the written report made under oath by the officer who authorized the impoundment of the vehicle.
(Ord. 19-99 § 2, 1999)
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. 19-99 § 2, 1999)