HomeMy WebLinkAbout3405 Ordinance ORDINANCE NO. 3405
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING AND UPDATING CHAPTER 10.18 OF THE PASCO
MUNICIPAL CODE TO PROMOTE CONTINUITY WITHIN THE
CODE AND WITH SELECTED PROVISIONS OF THE REVISED
CODE OF WASHINGTON AND EASE OF ADMINISTRATION.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS (deletions by interlineation;
additions by underlining):
Section 1. All sections of Chapter 10.18 of the Pasco Municipal Code
are hereby amended, created, or repealed to read as follows:
CHAPTER 10.18
IMPOUND OF VEHICLES
Sections:
10.18.010 Authority to impound vehicles.
10.18.020 Period of impoundment.
10.18.030 Redemption of impounded vehicles.
10.18.031 Early release of impounded vehicles.
10.18.032 Request for hearing.
10.18.040 Impoundment hearing process.
10.18.045 Appeal.
10.18.050 Administrative fees.
10.18.060 Severability.
10.18.010 AUTHORITY TO IMPOUND VEHICLES. (A) Grant of
Authorily AutheFh6ed. Members of the Pasco Police Department are hereby
authorized to remove, tow and impound a vehicle from a street or highway to a
designated vehicle impound facility including the business location of a
registered tow truck operator, under the circumstances hereinafter
enumerated:
(1) Whenever a driver of a vehicle is arrested in violation of RCW
46.61.502 (Driving Under the Influence); or RCW 46.61.503 (Driver
Under twenty-one Consuming Alcohol); or RCW 46.61.504 (Physical
Control of a Vehicle Under the Influence);
(2) Whenever a vehicle without a special license, card, plate, or
decal, indicating 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 as handicapped or
disabled parking space, which space is provided on private property
without charge or on public property;
(3) Whenever a police officer finds a vehicle standing upon the
roadway in violation of any of the provisions of RCW 46.61.560
(Stopping, Standing, or Parking Outside Business or Residence Districts)
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;
(4) Whenever a police officer finds a vehicle unattended upon a
highway where the vehicle constitutes an obstruction to traffic or
jeopardizes public safety;
(5) Whenever a police 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 deeiding upon taking
steps to be taken to protect his or her property;
(6) Whenever the driver of a vehicle is arrested and taken into
custody by a police officer;
(7) Whenever a police officer discovers a vehicle that the officer
reasonably determines to be a stolen vehicle;
(8) Upon determining that a person is operating a motor vehicle
without a valid driver's license in violation of RCW 46.20.005 (Driving
Without a License) or with a license that has expired for ninety (90) days
or more.
(9) Whenever the driver of a vehicle is arrested for violation of
RCW 46.20.342 (Driving While License Suspended or Revoked) or RCW
46.20.420 (Operation of a Vehicle Under Other License or Permit
Prohibited While License Suspended or Revoked).
Nothing in this section may derogate from the powers of police officers
under the Revised Code of Washington, anv other sections of the Pasco
Municipal Code, or the comm_on law.
(B) Notice to Owner of Liability for Costs and Fees. When any vehicle
1-,.+s been parked on any pubile highway of the City f longer time than allowed
by the pr-ep4siens-ef is removed, towed or impounded pursuant to this chapter
the owner of the vehicle shall pay the towing and storage costs against the
vehicle, as well as any costs and fees assessed pursuant to this chapter, before
said vehicle is released. Notice of impound required by RCW 46.55.110 shall
be given by the tow truck operator. the e^f the may 1-AhA4�o
removal of the veh4ele and the owner- Off 0:1@ vehiele shaH pay the tem4fig
sti-.Fage against the yehlele befgr-e its rnt»m
vaTiiiz
(gJ Tow Truck Operator. The City shall appoint by competitive bid,
contract, rotational call agreement, or any combination of these methods, one
or more properly licensed tow truck operator registered with the State of
Washington to provide such services. The Police Department shall arrange for
towing and storage of the impounded vehicle through a properly licensed tow
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truck operator registered with the State of Washington and contracted with the
Cily of Pasco. It is re uired that the tow truck operators who contract with the
City have a city business license. A copy of the Towing Contractors current
towing and storage rates shall be on file with the Chief of Police and the
Administrator of Pasco Municipal Court. An appointment maV be rescinded by
the City upon evidence that the appointed tow truck operator is not complying
with the laws or rules relatina to removal and storage of vehicles or this
chapter. The rates for towing and storage shall be imposed in accordance with
the rate schedules on file with the Chief of Police and the Administrator for
Pasco Municipal Court.
U Costs. Any costs incurred in the removal ther-ee€ of an impounded
vehicle shall be paid by the owner of the vehicle so removed, and the same
shall be a lien upon such vehicle. (Ord. 3341 Sec. 1, 1998.)
10.18.020 PERIOD OF IMPOUNDMENT. (A) Impoundment for Driving
While License Suspended Revoked. Pursuant to the authority of RCW
46.55.113, whenever the driver of a vehicle is arrested for violation of RCW
46.20.342 (Driving While License Suspended or Revoked) or RCW 46.20.420
(Operation of Vehicle Under Other License or Permit Prohibited While License
Suspended or Revoked), the vehicle is subject to impoundment in a designated
vehicle impound facility including the business location of a registered tow
truck operator at the direction of a police officer.
(D)W If a vehicle is impounded because the driver is arrested for a
violation of RCW 46.20.342 and the Washington Department of Licensing
records show that the driver's status is suspended third degree, the
vehicle shall be impounded for thirty (30) days.
(G)(2 If a vehicle is impounded because the driver is arrested for a
violation of RCW 46.20.342 and the Washington Department of Licensing
records show that the driver's status is suspended second degree, the
vehicle shall be impounded for sixty (60) days.
(I3)(3� If a vehicle is impounded because the driver is arrested for
violation of RCW 46.20.342 and the Washington Department of Licensing
records show that the driver's status is suspended first degree, the
vehicle shall be impounded for ninety (90) days.
L) Impoundment for Other Violations. Pursuant to the authority of
RCW 46.55.113, whenever the driver of a vehicle is arrested for a violation of
any of the provisions of PMC 10.18.010 not listed in section (A) above, or a
vehicle is towed and impounded pursuant to any of the provisions of PMC
10.18.010 not listed in section (A) above, the vehicle shall be impounded until
such time as the registered or legal owner of said vehicle, a person authorized
by the registered or legal owner, or one who has purchased the vehicle for value
from the registered or legal owner, who produces ownership or authorization
and signs a receipt therefore appears in person to redeem said vehicle. (Ord.
3341 Sec. 1, 1998.)
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10.18.030 REDEMPTION OF IMPOUNDED VEHICLES. Vehicles
impounded at the direction of the City shall be redeemed only under the
following circumstances:
(A) Only the registered or—legal eyyne T°r en authorized by +ham
registered or- legal owner-, or one who has pur-ehased the vehiele fol F 1 —;4111 Q
the registered OF 1@gOA sus a r�eeipi- herefere, mayFede°�. --�r„rt, vehicle.
Fedemption, and in addition to the r-equir-ements aabEwe, establish that he or- she
14:4k ;4 valid liceiise. A vel-Aele impounded ptir-suant to PMG 10.18.0
ean be r-eleased only purs44ant to a Yw-itten or-der- from the police depa#ment e
An impounded vehicle may be redeemed only by:
1 The registered or legal owner or their spouse or member of
their immediate family,
2) A person authorized, in writing, by the registered or legal
owner,
3 A bona fide purchaser of the vehicle for value roducin
documents of ownership,
4) A rental car a ena redeeming a rental fleet vehicle,
5) A motor vehicle dealer or lender with a perfected security
interest in the vehicle conditioned upon pqMent of the costs of removal
towin and stora e.
A vehicle redeemed by a person described in subsections (4) and (5) shall
not be held for a suspended license impound and may be_immediately released.
(B) Any p@Fsen so redeeming a vehicle impetit4ded by the G" shall
pay the--to%ing cofactor-€er eests of
administrative fee + ede inri ��ehiele Sueh fry„zinit Gentr.�ete
Te t'__ono�a�
shall ce t payment •-+ nr � 'r1@ in RGW 4655120 (l) (b) as .y i or- h°r°nft°r
• • Iy..1t..IAZ I.LZ
amended. if the °hiel° was impounded pursuant to PMC 10.1 s2 020 and was
being aper-ated by the r-eg4steFed evmer- when it was impeunded, it may not be
r-egi ter-e ry„>4er- have been satisfied. A_ person redeeming a vehicle impounded_
must, prior to redemption, establish that he or she has a valid driver's license.
The my Muni. ',-..-,1 /�`euF it ut d f release o _sz�liiP-lo
(C) �-��-��n -I�--a�e�a��e—r yeas
,
must at f,. the air°m ?n s of PMC 1 0.18.030 (Al and (B). A vehicle
impounded pursuant to PMC 10.18.020(N can be released only when the
person seeking to redeem the vehicle meets the conditions listed in (A) and (B)
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shall accept payment as provided in RCW 46.55.120(1)(b), as now or hereafter
amended.
10.18.031 EARLY RELEASE OF IMPOUNDED VEHICLES. An person
seekina to redeem a vehicle impounded pursuant to this chapter may request a
hearing before the Hearing Officer designated by the City Manager. A hearing
may only be requested:
(1) To request early release due to personal or economic
hardship;
2 To contest the validity of the impoundment, or
3 To challen a or dispute the amount of the towing and
storage charges.
(A) Personal or Economic Hardship. The Hearing Officer is authorized
to release a vehicle impounded pursuant to PMC 10.18.020(A) prior to the
expiration of any period of impoundment upon petition of the spouse of the
driver, the domestic partner of the driver, a member of the driver's immediate
family, or the owner of the vehicle who was not the operator at the time of
impoundment based on economic or personal hardship to such person or
entity resulting from the unavailability of the vehicle and after consideration of
any threat to the 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 still satisfy the requirements of PMC
10.18.030 (A) (B) and (E).
(B) Contesting the Validity of Impound. A person seeking to redeem a
vehicle impounded pursuant to this chapter may petition for a hearing before
the Hearing Officer to contest the validity of the impoundment. The petitioner
should be prepared to show at the hearing why the impoundment was not
proper.
(C) Challenging the Impoundment Costs and Storage Fees. A person
who seeks to challenge the cost of towing and the storage fees ma y petition for
a hearing before the Hearing Officer to do so. The petitioner should be
prepared to show at the hearing why the costs and fees charged are not proper
and should not be imposed.
10.18-032 REQUEST FOR HEARING. Any request for a hearing shall be
made in writing, on a form provided for that purpose. The request must be
received by the Chief of Police within ten (10) days of the receipt of notice from
the re istered tow truck operator that effected the impoundment together with
an administrative fee. If the hearing request is not received-by-the Chief of
Police within the ten (10) 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.
Only upon a showing of good cause will a late request for a hearing be
considered. For the purpose of this section good cause shall_be defined as
circumstances beyond the control of the person seeking the hearing that
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prevented such person from filing a timely request for hearing. In the event
such extension is granted, the person receiving such extension shall be jzranted
a hearing in accordance with this chapter.
Upon receipt of timely hearing request, the Hearing Officer shall proceed
to hear and determine:
A Whether an economic or ersonal hardship exists 'usti the
early release of the vehicle; or
(B) The validity of the impoundment, towing and storage fees.
10.18.040 IMPOUNDMENT HEARING PROCEDURE. Hearings
requested pursuant to PMC 10.18.030 shall be held before the
Hearing Officer who shall determine the impound.ment was,
a_P_e_A_FA_w:R_e_e mAth these rates en-1 fi-lea ;A4104 the GiAef of Pehee as pr-&A
'r. Con+inn 10.18.117 fl in .-.r...r.a n.-�eo 1»i+�, +moo fi�llet:�i r�_d_r..+i+.-.off ,res.
(A) , %ithin five (5) days oA@r- the request
-ed tow tPze epemter-, the per-se-n-
iva -h ring, shall er
requesting the heaFing, if the registered eviner- of the Thiel
impound of the heeAng date —and-tifne. Whether a personal or economic
hardship exists justifying an early release of the vehicle;
(B)
of the of the driver's heense,permi+ or .,Av ege-te dry e .,.,a +h,.,+ +�,o
ee ted-31 rel3i-cle-registFaki of the impounded vehicle isadF-R-issible vAthou
the the impoundment was proper, or
(C) if ttie impoundment is fel-un-��opL�3io Pasee Munieipal
1,pvuT btlttt CiSte)=' G}rd°'cT-vI�T staking. —tt3—ti'3G e�F°r�+ h.,+ +7-.e r�entn �f
impoundment ineluding f , and administmtive fees have net been
paid or any other- applieable ints AfM,4C 10.18.030 W and (P) have
-not bie-e- , satisfied -or any ner-LA-rl of iM--po ,,-,Amen+ hoo _nn+ e ire.a the Pasee
7�� shall ,
3Y1' ieipal r,-.,,** shall..'ais@ pre�rirle + ��lpgllnded yehi'elta roll•Z"
R..1. tir„.n are satisfied. :ist fees or ehC ges that ar-e J:n
impoundment is found f the GouRt shag assess Geur-t eests against the
per-son persens r-eguest' . Whether the associated towing fees,
storage costs and administrative fees are in accordance with those rates on file
with the Chief of Police and Court Administrator as provided in section
10.18.010 in accordance with the following procedure:
(1) The Hearing Officer shall within five (5) days of the request for
hearing;, notify the registered tow truck operator, the person requesting the
hearing, (if not the owner), the registered or legal owner of the vehicle, and the
person or agency authorizing the impound of the hearing date and time.
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(2) At the hearing, the person or persons requesting the hearing may
produce any relevant evidence to show ownership of the impounded vehicle
and to show that the impoundment, towing or storage fees charged_were not
proper. The Hearing Officer shall consider a written report made under enal
of perjury by the officer who authorized the impoundment in lieu of the officer's
personal appearance at the hearing. If-the person or persons requesting the
hearing requires the presence of the officer who authorized the impoundment,
they must subpoena the officer and may be responsible for witness fees relating
to the officer's presence. Any person requiring the services of an interpreter
shall arrange, at their cost for the presence of a certified interpreter at the
hearing. 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 Department of
Licensing abstract of the vehicle registration of the impounded vehicle is
admissible without further evidentiM foundation and is evidence of the
identity of the registered owner of the vehicle.
(D) if the impoun4ment is found to be tmpFoper-, the Pasee Mui-Aeolpal
Court shall enter- A—:n- e-F-dew, so stating, order- the r-taleaGe of t
Tl h4elo,i2"'stM impounded, and order- th-at intororl or- legal owners of the
vehieles sin-all be required to pay impound, tuw4ng, or- storage fees. if the
enter- judgemefA i-:R- of the -tnaek op,�e„-a er +against +�>,o]
per-son a� a>_>..t together l+r�ri ni s-+ri LfYc a impE 7�FElment, tov , and
storage €ees�jj�������pai wzt amount y l to �'tYhe filing and
rn'r+' tr o {�-@Ep"Fe l by law for the irna f�,^'impound pe'tttri7n' L7r.yknller,
'x�cnrr+ po�+r,i'1r+9eC.ii-aGaZVeO-?'.7 .-.... —an nllaged--i`elatio�n of RCIA t6.hn QAn
46.a� 2v--a=rl-t is Eletof*niaed to be in '�i{�i�-of this ehapteef, then t e 1n.,r
,--;-q- offleer direeting the impound and the City eff?�ploying the offleer
are not liai-,lo f_r damages if the eftieer relied in geed faith and yAtho++t Fec'+c.
nertli`ter+ee or the reeor-ds of the department in a ee..tair,ing that the operator of
e e l-.arl a suspender) or revoked driver-' lieense At the conclusion of
the hearing, the Hearing Officer shall determine whether the impoundment was
proper; whether an economic or personal hardship exists justifying early
release of the impounded vehicle; whether the towing and storage fees charged
were in accordance with the posted rates filed with the Chief of Police and
Court Administrator; and who is responsible for payment of the fees. The
Hearing Officer mM not adjust fees or charges that are in compliance with the
posted or contracted rates that are on file with the Chief of Police and Court
Administrator.
(E) in the ewnt that the Pasee ManieipW Ceu-r _ f-ads } See
iknpound was.roper' but t�-:h -the -tam4ng, sta Fagg, or administrative
ehar-ged for- the knpoundment were ki exeess of the rates posted in Seetio
1n 1Q nln tl-,e Ua�
zv.z��r , ca�czzsvee M lniepW-GeuF vla a(:titcP., Ie E6= eE rees U4�c
charged prior- te releaase-of tie veah , or- if Qhip- va-64gtoq af impoundment have
been paid, sha4l enter a judgement against the tow tFuek operator- and iff favof
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ef the per-san "o has paid the eosts of hmpowadim-en-t foar the amount of the
If the impoundment is found to be proper, the Hearing Officer
shall enter an order so stating. Additionally, the Hearing Officer shall order the
impoundment, towing and storage fees as permitted under this chapter
together with administrative fees to be assessed against the person or persons
requesting the hearing.
(F)
sh ", have any ealfeet of: eetla4eFa4 estoppel an a subsequent ^firm a
If the impoundment is found to be improper,
the Hearina Officer shall enter an order so statinj4, order the immediate release
of the vehicle, if still impounded, and order that the registered or legal owners
of the vehicle shall not be required to pay impound, towing or storage fees, any
security shall be returned or discharged as appropriate, and the person or
a ency who authorized the impoundment shall be liable for any towing, storage
or other impoundment fees permitted under this chapter. The Hearing Officer
shall enter an order in favor of the registered tow truck operator against the
person or agency authorizing the impound or the impoundment, towing and
storage fees paid, together with an amount equal to the administrative fees
required by law for the impound hearing petition. However, if an impoundment
arises from an alleged violation of RCW 46.20.342 or 46.20.420 and is
determined to be in violation of this chapter, the Police Officer directing the
impoundment and the City employing the officer shall not be liable for the
ordered amount if the officer relied in good faith and without gross negligence
on the records of the Department of Licensing in ascertaining that the operator
of the vehicle had a suspended or revoked driver's license.
(G) In the event the Hearing Officer finds that the impound was
proper, but that the towing, storage or administrative fees charged for the
impoundment were in excess of the rates posted in section 10.18.010, the
Hearing Officer shall determine the correct fees to be charged prior to the
release of the vehicle, or if the costs of impoundment have been paid, shall
enter an order against the towing contractor and in favor of the person who has
paid the costs of impoundment for the amount of the overpayment.
(H) No determination of facts made at a hearing under this section
shall have any effect of collateral estoppel on a subsequent criminal
prosecution and shall not preclude litigation of those same facts in a
subsequent criminal prosecution.
10.18.045 APPEAL. Any decision of the Hearing Officer may be appealed
to the Pasco Municipal Court for final iudEement. The hearing on the appeal
shall be de novo, subject to the admission of the officer's written report,
abstract of driving record and vehicle registration as provided in PMC
10.18.040 which shall be permitted. A person appealing such a decision must
file a request for an appeal with the Clerk of the Pasco Municipal Court within
thirty (30) days after the Hea.rinj� Officer's decision and must pay a filina fee of
thirty-one dollars ($31.00). If a person fails to timely file a request for appeal or
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pay the filing fee, the right to appeal is waived and the Hearing Officer's
decision is final.
10.18.050 ADMINISTRATIVE FEE. An administrative fee of Fifty
Dollars ($50.00) shall be levied upon each vehicle redeemed pursuant to PMC
10.18.030. The fee shall be remitted to the Police Department. The fee shall be
for the purpose of offsetting, to the extent practicable, the cost to the City of
implementing, enforcing, and administering the provisions of this chapter.
(Ord. 3341 Sec. 1, 1998.)
10.18.060 SEVERABILITY. The provisions of this Ordinance are
declared to be separate and severable. If any clause, sentence, paragraph,
subdivision, section, subsection or portion of this Ordinance, or the application
thereof to any person or circumstance, is held to be invalid, it shall not affect
the validity of the remainder of this Ordinance, or the validity of its application
to other persons or circumstances. (Ord. 3341 Sec. 1, 1998.)
Section 2. This Ordinance shall take full force and effect five (5) days
after its approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, at a
regular meeting and approved as provided by law this 18th day of January,
2000.
Michael Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Leland B. Kerr, City Attorney
Deputy City Clerk
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