HomeMy WebLinkAbout3341 OrdinanceORDINANCE NO. 51g
AN ORDINANCE of the City of Pasco, Washington
creating a new chapter "Impound of Vehicles" as Chapter
10.18 of the Pasco Municipal Code providing for the
impound of vehicles of drivers operating a motor vehicle
while that privilege is suspended or revoked
WHEREAS, the 1998 Washington Legislature has provided, as an enhanced penalty,
for the violation of certam crimes, impound of the perpetrator's vehicle under RCW
46 55 120, and
WHEREAS, RCW 46 55 240 mandates the adoption of an Ordinance providmg the
policy and authonty for the impoundment and redemption of said vehicles impounded
pursuant to RCW 46 20 342
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section L That a new Chapter 10 18 entitled "Impound of Vehicles" shall be and hereby is
adopted and shall read as follows
CHAPTER 10 18
IMPOUND OF VEHICLES
10 18 010 AUTHORITY TO IMPOUND VEHICLES
10 18 020 PERIOD OF IMPOUNDMENT
10 18 030 REDEMPTION OF IMPOUNDED VEHICLES
10 18 040 IMPOUNDMENT HEARING PROCEDURE
10 18 050 ADMINISTRATIVE FEES
10 18 060 SEVERABILITY
10 18 010 AUTHORITY TO IMPOUND VEHICLES
(A) Authorized Members of the police department are authonzed to remove and
impound a vehicle from a street or highway to a designated vehicle impound facility
mcludmg the business location of a registered tow truck operator under the circumstances
hereinafter enumerated
Impound of Vehicles Ordinance - 1
(1) Whenever a dnver of a vehicle is arrested in violation of RCW 46 61 502
(Driving Under the Influence), or RCW 46 61 503 (Dnver 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 bemg 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, which space is provided on pnvate property
without charge or on public property,
(3) Whenever a police officer finds a vehicle standmg upon the roadway in
violation of any of the provisions of RCW 46 61 560 (Stoppmg, 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 deciding upon steps to be taken to protect his or her property,
(6) Whenever the dnver 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
dnver's license m violation of RCW 46 20 005 (Dnving Without a License) or with
a license that has expired for mnety (90) days or more
(9) Whenever the dnver of a vehicle is arrested for violation of RCW 46 20 342
(Dnvmg 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)
(B) Notice to Owner. When any vehicle has been parked on any public highway
of the City for longer time than allowed by the provisions of this title, the police of the City
Impound of Vehicles Ordinance - 2
may authorize removal of the vehicle and the owner of the vehicle shall pay the towmg and
storage against the vehicle before its return It is required that tow trucks have a city license
Current towing and storage rates are to be on file with the Chief of Police
(C) Costs. Any costs mcurred m the removal thereof shall be paid by owner of the
vehicle so removed, and the same shall be a lien upon such vehicle
10 18 020 PERIOD OF IMPOUNDMENT
(A) Pursuant to the authonty of RCW 46 55 113, whenever the driver of a vehicle
is arrested for violation of RCW 46 20 342 (Dnvmg 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 m a designated
vehicle impound facility mcludmg the business location of a registered tow truck operator
at the direction of a police officer
(B) If a vehicle is impounded because the dnver is arrested for a violation of RCW
46 20 342 and the Washmgton Department of Licensmg's records show that the driver's
status is suspended third degree, the vehicle shall be impounded for thirty (30) days
(C) If a vehicle is impounded because the dnver is arrested for a violation of RCW
46 20 342 and the Washington Department of Licensing's iecords show that the driver's
status is suspended second degree, the vehicle shall be impounded for sixty (60) days
(D) If a vehicle is impounded because the driver is arrested for violation of RCW
46 20 342 and the Washington Department of Licensing's records show that the driver's
status is suspended first degree, the vehicle shall be impounded for nmety (90) days
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 owner, 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, may redeem
an impounded vehicle A person redeeming a vehicle impounded pursuant to PMC
10 18 020 must, pnor to redemption, and m addition to the requirements above, establish that
he or she has a vahd dnver's license A vehicle impounded pursuant to PMC 10 18 020 can
be released only pursuant to a written order from the police department or a court
(B) Any person so redeeming a vehicle impounded by the City shall pay the towing
contractor for costs of towmg impoundment and any administrative fee prior to redeeming
Impound of Vehicles Ordinance -3
such vehicle Such towing contractor shall accept payment as provided m RCW 46 55 120
(1) (b), as now or hereafter amended If the vehicle was impounded pursuant to PMC
10 18 020 and was bemg 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) The Pasco Municipal Court is authonzed to release a vehicle impounded
pursuant to PMC 10 18 020 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 is not the operator at the time of
impoundment based on economic or personal hardship to such person or entity resulting from
the unavailabihty of the vehicle and after consideration of any threat to the public safety that
may result from the release of the vehicle, mcludmg, but not lumted to, the driver's criminal
history, dnvmg record, hcense status and access to the vehicle If such release is authonzed,
the person redeeming the vehicle still must satisfy the requirements of PMC 10 18 030 (A)
and (B)
(D) Any person seeking to redeem a vehicle impounded pursuant to this chapter
has a right to a hearing before the Pasco Municipal Court to contest the validity of the
impoundment or the amount of towing and storage charges Any request for a hearing shall
be made m wntmg on a form provided for that purpose, and must be received by the Pasco
Municipal Court within ten (10) days of the receipt of notice from the registered tow truck
operator which effected the impoundment together with a filing fee of $31 00 Such hearing
shall be provided as follows
(1) If all of the requirements to redeem the vehicle, mcludmg expiration of any
penod of impoundment under RCW 46 20 342 have been satisfied, then the
impounded vehicle shall be released immediately and a hearing shall be held withm
ninety (90) days of the written request for hearing
(2) If all of the requirements to redeem the vehicle, mcluding expiration of any
period of impoundment under RCW 46 20 342, have not been satisfied, then the
impounded vehicle shall not be released until after the hearing which shall be held
within seven (7) business days (excluding Saturdays, Sundays, and holidays) of the
receipt of the written request for hearing
(3) Any person seeking a hearing who has failed to request such hearing within the
tune specified m Section (D) may petition the Pasco Municipal Court for an extension
of time to file a request for a hearing Such extension shall only be granted upon the
demonstration of good cause as to the reason(s) the request for hearing was not timely
filed For the purpose of this section, good cause shall be defined as circumstances
Impound of Vehicles Ordinance -4
beyond the control of the person seelang 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 chapter
(4) If a person fails to file a timely request for hearing and no extension to file
such a request has been granted, the nght to a hearing is waived, the impoundment
and the associated costs of impoundment are deemed to be proper, and the City shall
not be liable for towing and storage charges arising from the impoundment
10 18 040 IMPOUNDMENT HEARING PROCEDURE Hearings requested pursuant
to PMC 10 18 030 shall be held before the Pasco Municipal Court who shall detemune
whether the impoundment was proper and whether the associated towing, storage, and
administrative fees were in accordance with those rates on file with the Chief of Police as
provided in Section 10 18 010 in accordance with the following procedures
(A) The Pasco Mumcipal Court, within five (5) days after the request for hearmg,
shall notify the registered tow truck operator, the person requesting the hearing, if the
registered or legal owner of the vehicle is not the person requesting the hearing, and the
person or agency authonzmg the impound of the hearing date and time
(B) At the hearing, an abstract of the dnver's driving record is adnussible without
further evidentiary foundation and is prima facie evidence of the status of the driver's license,
permit or pnvilege to dnve 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
(C) If the impoundment is found to be proper, the Pasco Municipal Court shall
enter an order so stating In the event that the costs of impoundment including towing,
storage, and administrative fees have not been paid or any other applicable requirements of
PMC 10 18 030 (A) and (B) have not been satisfied or any penod of impoundment has not
expired, the Pasco Municipal Court shall also provide that the impounded vehicle shall be
released only after payment of any fines imposed and any underlying traffic violations are
satisfied The Court may not adjust fees or charges that are m compliance with the posted
rates provided in Section 10 18 010 If the impoundment is found proper, the Court shall
assess Court costs against the person or persons requestmg the hearing
(D) If the impoundment is found to be improper, the Pasco Municipal Court shall
enter an order so stating, order the immediate release of the vehicle, if still impounded, and
order that the registered or legal owners of the vehicles shall not be required to pay impound,
towing, or storage fees If the costs of impoundment have already been paid, the Pasco
Impound of Vehicles Ordinance - 5
Municipal Court shall enter judgement m favor of the registered tow truck operator against
the person or agency authorizing the impound or the impoundment, towmg, and storage fees
paid together with an amount equal to the filmg and adinuustrative fee required by law for
the impound hearing petition However, if an impoundment anses from an alleged violation
of RCW 46 20 342 or 46 20 420 and is determined to be in violation of this chapter, then the
law enforcement officer directing the impound and the City employing the officer are not
liable for damages if the officer relied m good faith and without gross negligence on the
records of the department m ascertaining that the operator of the vehicle had a suspended or
revoked driver's license
(E) In the event that the Pasco Municipal Court finds that the impound was proper,
but that the towmg, storage, or administrative fees charged for the impoundment were m
excess of the rates posted in Section 10 18 010, the Pasco Municipal Court 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 a judgement against the tow truck operator and m
favor of the person who has paid the costs of impoundment for the amount of the
overpayment
(F) 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 m a subsequent criminal prosecution
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 City Clerk The fee shall be for the purpose of offsetting, to the extent
practicable, the cost to the City of implementing, enforcmg, and administering the provisions
of this chapter
10 18 060 SE'VERABILITY 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
mvalid, it shall not affect the validity of the remamder of this Ordmance, or the validity of
its application to other persons or circumstances
Section 2. That PMC 10 16 130 entitled "Authonty to Impound Vehicles" shall be and
hereby is repealed in its entirety
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 thy City of Pasco, Washington and approved as
provided by law this /6. day of Fe , , 1999
Impound of Vehicles Ordinance -6
Charles D Ktlbury
Mayor
ATTEST APPROVED AS TO FORM
Cathenne D Seaman Leland B Kerr
Deputy City Clerk City Attorney
Impound of Vehicles Ordinance -7
- P0 BOX 2608
PASCO, WASHINGTON 99302-2608
PHONE (509) 582 1500
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II
0
ORDINANCE NO 3341
AN ORDINANCE of the
City of Pasco Washington
creating a new chapter Im
pound of Vehicles as Chap
ter 10 18 of the Pasco
Municipal Code providing
for the impound of vehicles
of drivers operating a motor
vehicle while that privilege
is suspended or revoked
WHEREAS the 1998
Washington Legislature
has provided as an en
hanced penalty for the vio
lation of certain crimes im
pound of the perpetrator s
vehicle under ROW
46 55 120 and
WHEREAS ROW
46 55 240 mandates the
adoption of an Ordinance
providing the policy and
authority for the im
poundment and redemp
tion of said vehicles im
pounded pursuant to ROW
46 20 342
NOW THEREFORE THE
CITY COUNCIL OF THE
CITY OF PASCO
WASHINGTON DO OR
DAIN AS FOLLOWS
Section 1 That a new
Chapter 10 18 entitled Im
pound of Vehicles shall be
and hereby Is adopted and
shall read as follows
CHAPTER 10 18
IMPOUND OF VEHICLES
10 18 010 AUFHORITY TO
IMPOUND VEHICLES
10 18 020 PERIOD OF IM-
POUNDMENT
10 18 030 REDEMPTION
OF IMPOUNDED VE-
HICLES
10 18 0 4 0 I M -
POUNDMENT HEARING
PROCEDURE
10 18 050 ADMINISTRA
TIVE FEES
10 18 060 SEVERABILITY
10 18 010 AUTHORITY TO
IMPOUND VEHICLES
(A) Authorized Members
of the police department
are authorized to remove
and impound a vehicle
from a street or highway to
a designated vehicle im
pound facility including the
business location of a reg
lstered tow truck operator
under the circumstances
hereinafter enumerated
(1) Whenever a driver of a
vehicle is arrested in viola
tion of ROW 46 61 502
(Driving Under the Influ
ence) or ROW 46 61 503
(Driver Under Twenty One
Consuming Alcohol) or
ROW 46 61 504 (Physical
Control of a Vehicle Under
the Influence)
+ (2) Whenever a vehicle
without a special license
card plate or decal in
dicating the vehicle is being
used to transport a
disabled person under
ROW 46 16 381 Is parked
in a stall or space clearly
and conspicuously marked
under ROW 46 61 581 as
handicapped or disabled
parking which space is
provided on private prop
erty without charge or on
public property
(3) Whenever a police of-
ficer finds a vehicle
standing upon the roadway
In violation of any of the
provisions of ROW
46 61 560 (Stopping
Standing or Parking Out
side Business or Res!
dence Districts) the officer
may provide for the re
moval of the vehicle or re
quire the driver or other
person in charge of the ve
hide to move the vehicle to
a position off the roadway
(4) Whenever a police of
ficer finds a vehicle un-
attended upon a highway
where the vehicle con-
stitutes an obstruction to
traffic or jeopardizes public
safety
(5) Whenever a police of
ficer 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
(6) Whenever the driver of
a vehicle is arrested and
taken into custody by a po
lice officer
(7) Whenever a police of-
ficer discovers a vehicle
that the officer reasonably
determines to be a stolen
vehicle
(8) Upon determining that
a person is operating a mo-
tor vehicle without a valid
driver s license in violation
of ROW 46 20 005 (Driving
Without a License) or with
a license that has expired
for ninety (90) days or
TOM
(9) Whenever the driver of
a vehicle is arrested for
violation of ROW 46 20 342
(Driving While License
Suspended or Revoked) or
ROW 46 20 420 (Operation
of a Vehicle Under Other
License or Permit Prohib
rted While License Sus
pended or Revoked)
(B) Notice to Owner When
any vehicle has been
parked on any public high
way of the City for longer
time than allowed by the
provisions of this title the
police of the City may au
thonze removal of the ve
hide and the owner of the
vehicle shall pay the towing
and storage against the ve-
hicle before its return It Is
required that tow trucks
have a city license Current
towing igild storage rates
are to bi"/ on file with the
Chief of Police
(C) Costs Any costs in-
curred in ? the removal
thereof si all be paid by
owner of 4\ le vehicle so re
moved and the same shall
be a lien upon such ve-
hicle
10 18 020 PERIOD OF IM
POUNDMENT
(A) Pursuant to the author
ity of ROW 46 55 113
whenever the driver of a
vehicle is arrested for vio
lation of ROW 46 20 342
(Driving While License
Suspended or Revoked) or
ROW 46 20 420 (Operation
of Vehicle Under Other Li
cense or Permit Prohibited
While License Suspended
or Revoked) the vehicle is
subject to impoundment in
a designated vehicle im
pound facility including the
business location of a reg
'stared tow truck operator
at the direction of a police
officer
(B) If a vehicle is im
pounded because the
driver Is arrested for a vio-
lation of ROW 46 20 342
and the Washington
Department of Licensing s
records show that the dri
ver s status Is suspended
third degree the vehicle
shall be impounded for
thirty (30) days
(C) If a vehicle is Im
pounded because the
driver Is arrested for a vio-
lation of ROW 46 20 342
and the Washington
Department of Licensing s
records show that the dri-
ver s status is suspended
second degree the vehicle
shall be Impounded for
sixty (60) days
(D) If a vehicle is im
pounded because the
driver is arrested for viola
tlon of ROW 46 20 342 and
the Washington Depart
ment of Licensing s
records show that the dri
ver s status is suspended
first degree the vehicle
shall be impounded for
ninety (90) days
10 18 030 REDEMPTION
OF IMPOUNDED VE
HICLES Vehicles im
pounded at the direction of
the City shall be redeemed
only under the following cir
cumstances
(A) Only the registered or
legal owner a person au-
thorized by the registered
or legal owner or one who
has purchased the vehicle
for valu* from the regis-
tered or legal owner who
produces ownership or au
thorlzation and signs a re-
ceipt therefore may re-
deem an impounded
vehicle A person redeem-
ing a vehicle impounded
pursuant to PMC
10 18 020 must prior to re-
demption and in addition
to the requirements above
establish that he or she has
a valid driver s license A
vehicle impounded pursu
ant to PMC 10 18 020 can
be released only pursuant
to a written order from the
police department or a
court
(B Any person so redeem
ing a vehicle impounded by
the City shall pay the tow
ing contractor for costs of
towing impoundment and
any administrative fee prior
to redeeming such vehicle
Such towing contractor
shall accept payment as
provided In ROW
46 55 120 (1)(b) as now or
hereafter amended If the
vehicle was imppounded
pursuant to PMC
10 18 020 and was being
operated by the registered
owner when it was im-
pounded it may not be re
leased to any person until
all penalties fines or for
feitures owed by the regis
tered owner have been sat
isfied
(0)The Pasco Municipal
Court Is authorized to re
lease a vehicle impounded
pursuant to PMC
10 18 020 prior to the ex
Oration 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 Is not the operator at
the time of impoundment
based on economic or per
sonal hardship to such per-
son or entity resulting from
the unavailability of the ve
hide and after consider
ation of any threat to the
public safety that may re
sult from the release of the
vehicle including but not
limited to the driver s crim
inal history driving record
license status and access
to the vehicle If such re
lease is authorized the
person redeeming the ve
hide still must satisfy the
requirements of PMC
10 18 030 (A) and (B)
(D) Any person seeking to
redeem a vehicle im
pounded pursuant to this
chapter has a right to a
hearing before the Pasco
Municipal Court to contest
the validity of the im
poundment or the amount
of towing and storage
char9es Any request for a
hearing shall be made in
writing on a form provided
for that purpose and must
be received by the Pasco
Municipal Court within ten
(10) days of the receipt of
notice from the registered
tow truck operator which
effected the impoundment
together with a filing fee of
$31 00 Such hearing shall
be provided as follows
(1) If all of the requirements
to redeem the vehicle
including expiration of any
period of impoundment un
der ROW 46 20 342 have
been satisfied then the im
pounded vehicle shall be
released immediately and
a hearing shall be held
within ninety (90) days of
the written request for
hearing
(2) If all of the requirements
to redeem the vehicle
including expiration of any
period of impoundment un-
der ROW 46 20 342 have
not been satisfied then the
impounded vehicle shall
not be released until after
the hearing whic,a shall be
held within sever, (7) busi-
ness days (excluding Sat-
urdays Sundays and holi-
days) of the rel-eipt of the
written request f< y hearing
(3) Any person seeking a
hearing who has failed to
request such hearing within
the time specified in Sec
tion (D) may petition the
Pasco Municipal Court for
an extension of time to file
a request for a hearing
Such extension shall only
be granted upon the dem
onstration of good cause
as to the reason(s) the re
guest for hearing was not
timely filed For the pur
pose of this section good
cause shall be defined as
circumstances beyond the
control of the person seek-
ing the hearing that pre-
vented 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 chapter
(4) If a person falls to file
a timely request for hearing
and no extension to file
such a request has been
9ranted the right to a hear
ing is waived the im
poundment and the asso
clated costs of
Impoundment are deemed
to be proper and the City
shall not be liable for tow
ing and storage charges
arising from the im
poundment
10 18 0 4 0 IM
POUNDMENT HEARING
PROCEDURE Hearings
requested pursuant to
PMC 10 18 030 shall be
held before the Pasco
Municipal Court who shall
determine whether the im-
poundment was proper and
whether the associated
towing storage and
administrative fees were in
accordance with those
rates on file with the Chief
of Police as provided in
Section 10 18 010 in accor-
dance with the following
procedures
(A) The Pasco Municipal
Court within five (5) days
after the request for hear
ing shall notify the regis
tered tow truck operator
the person requesting the
hearing if the registered or
legal owner of the vehicle
is not the person re
questing the hearing and
the person or agency au-
thorizing the impound of
the hearing date and time
(B) At the hearing an
abstract of the driver s driv
ing record is admissible
without further evidentiary
foundation and is prima
facie evidence of the status
of the driver s license per
mit or privilege to drive and
that the driver was con
victed of each offense
shown on the abstract In
addition a certified vehicle
registration of the im
pounded vehicle is admis
sible without further
evidentiary foundation and
is prima facie evidence of
the identity of the regis
tared owner of the vehicle
(C) If the impoundment is
found to be proper the
Pasco Municipal Court
shall enter an order so stat
ing In the event that the
costs of impoundment
Including towing storage
and administrative fees
have not been paid or any
other applicable
requirements of PMC
10 18 030 (A) and (B) have
not been satisfied or any
period of impoundment has
not expired the Pasco
Municipal Court shall also
provide that the impounded
vehicle shall be released
only after payment of any
fines imposed and any
underlying traffic violations
are satisfied The Court
may not adjust fees or
charges that are In oomph
ance with the posted rates
provided in Section
10 18 010 If the im
poundment is found proper
the Court shall assess
Court costs against the
person or persons re
questing the hearing
(D) If the impoundment is
found to be improper the
Pasco Municipal Court
shall enter an order so stat
ing order the immediate
release of the vehicle if still
impounded and order that
the registered or legal own
ers of the vehicles shall not
be required to pay im
pound towing or storage
fees If the costs of im
poundment have already
been paid the Pasco
Municipal Court shall enter
jud9ement in favor of the
registered tow truck oper-
ator against the person or
agency authorizing the im-
pound or the im
poundment towing and
storage fees paid together
with an amount equal to
the filing and administrative
fee required by law for the
impound hearing petition
However if an im
poundment arises from an
alleged violation of ROW
46 20 342 or 46 20 420
and is determined to be in
violation of this chapter
then the law enforcement
officer directing the im-
pound and the City employ
ing 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 ve-
hicle had a suspended or
revoked driver s license
(E) In the event that the
Pasco Municipal Court
finds that the impound was
proper but that the towing
storage or administrative
fees charged for the im
poundment were in excess
of the rates posted in Sec
bon 10 18 010 the Pasco
Municipal Court shall deter
mine the correct fees to be
charged prior to the release
of the vehicle or if the
costs of impoundment
have been paid shall enter
a judgement against the
tow truck operator and in
favor of the person who
has paid the costs of im
poundment for the amount
of the overpayment
(F) 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 l 'gallon
of those same facts in a
subsequent criminal pros
ecution
10 18 050 ADMINISTRA
TIVE FEE An administra
bye fee of Fifty Dollars
($50 00) shall be levied
upon each vehicle re
deemed pursuant to PMC
10 18 030 The fee shall be
remitted to the City Clerk
The fee shall be for the
purpose of offsetting to the
extent practicable the cost
to the City of implementing
enforcing and administer
ing the provisions of this
chapter
10 18 060 SEVERABILITY
The provisions of this Ord'
nance are declared to be
separate and severable If
any clause sentence
paragraph subdivision
section subsection or por
tion of this Ordinance or
the application thereof to
any person or cir
cumstance is held to be
invalid It shall not affect the
validity of the remainder of
this Ordinance or the valid-
ity of its application to other
persons or circumstances
Section 2 That PMC
10 16 130 entitled Authority
to Impound Vehicles shall
be and hereby is repealed
in its entirety
Section 3 This Ordinance
shall take full force and ef-
fect five (5) days after Its
approval passage and
publication as required by
PASSED by the City Coun-
cil of the City of Pasco
Washington and approved
as provided by law this
16th day of February 1999
Charles D Kilbury Mayor
ATTEST
Catherine 0 Seaman
Deputy City Clerk
Approved as to Form
Leland B Kerr
City Attorney
#0282 2/21/99