HomeMy WebLinkAbout4016 Ordinance ORDINANCE NO. qQl _&
AN ORDINANCE of the City of Pasco, Washington, amending
Section 10.18.010 "Authority to Impound Vehicles"; and creating a new
Section 10.18.015 "Mandatory Impound" providing for mandatory impound
upon arrest for driving while under the influence (RCW 46.61,502) and
physical control of a vehicle under the influence (RCW 46.61.504)
WHEREAS, the Washington State legislature has by the adoption of "Hailey's Law"
required the mandatory impound of vehicles to those who are arrested for driving under the
influence of alcohol (RCW 46.61.502), and having physical control of a vehicle while under the
influence of alcohol or drugs (RCW 46.61.504); and
WHEREAS, it is necessary to bring the Pasco Municipal Code in compliance with these
changes in the State law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 10.18.010 entitled "Authority to Impound Vehicles" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
10.18.010 AUTHORITY TO IMPOUND VEHICLES.
(A) Grant of authority. City law enforcement officers are hereby authorized and
empowered to remove, tow and impound a vehicle from a public street, highway or right-of-way
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 RGIAL 46.61.
influenee) RCW 46,20.342 (Driving While License Invalidated); or RCW 46.20.345
(Operation Under Other License or Permit While License Suspended or Revoked) such
vehicle is subject to summary impoundment pursuant to the terms of this Chapter at the
direction of a law enforcement officer.
(2) In addition, a law enforcement officer may take custody of a vehicle, at his
or her discretion after consideration of reasonable alternatives, and provide for its prompt
removal to a place of safety or designated vehicle impound facility under any of the
following circumstances:
(a) Whenever a law enforcement officer finds a vehicle standing upon
the roadway in violation of any of the provisions of RCW 46.61,570 (Stopping,
Standing, or Parking Prohibited in Specified Places), 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;
(b) Whenever a law enforcement officer finds a vehicle unattended
upon a public street, highway or right-of-way where the vehicle constitutes an
obstruction to traffic or jeopardizes public safety;
(c) Whenever a law enforcement 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;
(d) Whenever the driver of a vehicle is arrested and taken into custody
by a law enforcement officer;
(e) Whenever a law enforcement officer discovers a vehicle that the
officer determines to be a stolen vehicle;
(f) Whenever a vehicle without a special license plate, plaque, or
decal indicating that the vehicle is being used to transfer a person with disabilities
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 the public property;
(g) Upon determining that a person is operating a motor vehicle
without a valid and, if required, specially endorsed driver's license in violation of
RCW 46.20.005, or with a license that has been expired for ninety (90) days or
more;
(h) Whenever a vehicle is illegally occupying a restricted parking zone
including, but not limited to, truck or commercial loading zone, bus or taxi
loading zone, posted street construction or maintenance, or other similar zone,
where, by order of the Director of Public Works, Chief of Police or Fire Chief, of
or their designees, parking is limited to designated classes of vehicles or is
prohibited during certain hours, on designated days or at all times, if the zone has
been established with signage restricting parking for at least twenty-four (24)
hours giving notice to the public that a vehicle will be removed if illegally parked
in the zone, and where the vehicle is interfering with the proper and intended use
of the zone. Signage must give notice to the public that a vehicle will be removed
if illegally parked in that zone;
(i) Whenever the driver of a vehicle is arrested for violation of RCW
46.61.503 (Driver Under Twenty-One Consuming Alcohol);
(J) When a vehicle with an exj2ired registration of more than forty-five
(45)days is parked on a public street.
Ordinance Amending Section 10.18.0 10
and Creating Section I O.18.0 15 -2
Nothing in this section may derogate from the powers of a law enforcement
officer under the Revised Code of Washington, including but not limited to RCW
46.55.080, RCW 46.55.085, RCW 46.55.113 or RCW 9A.88.140, any other section of
the Pasco Municipal Code, or the common law.
(3) When an arrest is made for violation of RCW 46.20.342 (DWLS), if the
vehicle is a commercial vehicle or farm transport vehicle and the driver of the vehicle is
not the owner of the vehicle, before summary impoundment directed under subsection (1)
of this section, the law enforcement officer shall attempt in a reasonable and timely
manner to contact the owner of the vehicle and may release the vehicle to the owner if the
owner is reasonably available, as long as the owner was not in the vehicle at the time of
the stop and arrest and the owner has not received a prior release under this subsection or
RCW 46.55.120 (1)(a)(ii). Farm transport vehicle means a motor vehicle owned by a
farmer and that is being actively used in the transportation of the farmer's or another
farmer's farm, orchard, aquatic farm, or dairy products, including livestock and plant or
animal wastes, from point of production to market or disposal, or supplies or
commodities to be used on the farm, orchard, aquatic farm, or dairy, and that has a gross
vehicle weight rating of 7,258 kilograms (16,001 pounds) or more.
(B) Notice to Owner of Liability for Costs and Fees. When any vehicle is removed,
towed or impounded pursuant to this chapter the owner of the vehicle shall pay the towing and
storage costs against the said 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.
(C) 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 truck operator registered with the State of Washington and contracted with the City
of Pasco. It is required 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
may be rescinded by the City upon evidence that the appointed tow truck operator is not
complying with the laws or rules relating 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.
(D) Costs. Any costs incurred in the removal 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.
3796, 2006; Ord. 3405 Sec.1, 2000; Ord. 3341 Sec. 1, 1998.)
Section 2. That a new Section 10.18.015 entitled "Mandatory Impound" of the Pasco
Municipal Code shall be and hereby is created and shall read as follows:
Ordinance Amending Section 10.18.010
and Creating Section 10.18.015 -3
10.18.015 MANDATORY IMPOUND
(A) When a driver of the vehicle is arrested for a violation of RCW 46 61 502
(Driving Under the Influence) or RCW 46 61 504 (Physical Control of Vehicle Under the
Influence) as adopted by reference in PMC 10.05.010, the vehicle is subject to summary
impound and except for a commercial or a farm transportation vehicle under subsection (E) of
this section, the vehicle must be impounded With the exception of the 12-hour hold as provided
in subsection (C) below, procedures for notice redemption storage—auction and sale shall
remain the same as for other impounded vehicles under this chapter.
(B) If the police officer directing;that a vehicle be impounded under this section has:
(1) Waited thirty minutes after the police officer contacted the police
dispatcher requesting a registered tow truck operator and the tow truck responding has
not arrived, or
(2) If the police officer is presented with exigent circumstances such as being
called to another incident or due to limited available resources being required to return to
patrol, the police officer may place the completed impound order and inventory inside the
vehicle and secure the vehicle by-closing the windows and locking the doors before
leaving. Neither the City nor the police officer shall be liable for any dames to or theft
of the vehicle or its contents that occur between the time the officer leaves and the time
that the registered tow truck operator takes custody of the vehicle or for the actions of
any person who takes or removes the vehicle before the re istered tow truck operator
arrives upon securing the vehicle as provided above.
(C) When a driver of a vehicle is arrested for a violation of RCW 46.61.502 {Driving
Under the Influence) or RCW 46.61.504 (Physical Control of Vehicle Under the Influence), and
the driver is the registered owner of the vehicle, the impounded vehicle may not be redeemed
within a 12-hour period following, the time the impounded vehicle arrives at the registered to
truck operator's storage fg acility_as noted in the registered tow truck operator's master log, unless
there are two or more registered owners of the vehicle or there is a legal owner of the vehicle that
is not the driver of the vehicle, either whom may redeem the impounded vehicle after it arrives at
the registered tow truck operator's storage facility as noted in the registered tow truck operator's
master log. The driver of such vehicle shall be notified that the impounded vehicle may not be
redeemed within a 12-hour period following the time the impounded vehicle arrives at the
registered tow truck operator's storage facility unless there are two or more registered owners or
there is a legal owner who is not the driver of the vehicle. The police officer shall notify the
driver that the impounded vehicle may be redeemed by either a registered owner or le ag 1 owner,
who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow
truck operator's storage f, acility.
(D) When a driver of a vehicle is arrested for violation of RCW 46.61.502 {Driving
Under the Influence or RCW 46.61.504 (Physical Control of Vehicle Under the Influence) and
the driver is not a registered owner of the vehicle the impounded vehicle may be redeemed by a
registered owner or legal owner, who is not the driver of the vehicle, after the impounded vehicle
Ordinance Amending Section 10.18.010
and Creating Section 10.18.015 -4
arrives at the registered tow truck operator's storage facility as noted in the registered tow truck
operator's master log. The police officer directing the impound shall notify the driver that the
impounded vehicle may be redeemed by a registered owner or legal owner who is not the driver
of the vehicle after the impounded vehicle arrives at the registered tow truck operator's storage
facility.
(E) If the vehicle is a commercial vehicle or farm transport vehicle and the driver of
the vehicle is not the owner of the vehicle, before the summary impoundment directed under
subsection (A) of this section, the police officer shall attempt in a reasonable and timely manner
to contact the owner of the vehicle and may release the vehicle to the owner if the owner is
reasonably available, as long as the owner is not in the vehicle at the time of the stop and arrest.
(F) The registered tow truck operator shall notify the Pasco Police Department when
the vehicle arrives at the registered tow truck operator's storage facility and has been entered into
the master lop,starting.the 12-hour period.
Section 3. 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 ity of Pasco, Washington, and approved as
provided by law this_�day of_J V 511 2011.
Matt Watkins, Mayor
ATTEST: APPID'A AS TO FORM:
De ie L. ark, City Clerk Leland B. Kerr,City Attorney
Ordinance Amending Section 10.18.010
and Creating Section 10.18.015 -5