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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 L VENTll llide INVOICE DATE' 12 ' r .21 1-1, II LEGAL NO H.( ra:Cl i .1 ACCOUNT NO DESCRIPTION 441 ).---)C-"? DR 1-11. "fkiNIC.F- ID + --di 1 TIMES LINES -1() SOLD TO F k.71170 CI N-t' OF i EnAL FO.. PM< Ac-A.7.0 J1 74 -1- j TOME, NOTOCIE: This Is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFilDAKY OF PUE3ILICA71100 COUNTY OF BENTON SS STATE OF WASHINGTON (iric, Ex.ni , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy o f a ti ORE! PO 7.714 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, time(s), I , I J commencing on .) , and ending on (0/01, 17i -4 , and that said newspaper was regulary distributed to its subscribers during all of this period MEV :Ern:SI u" FE@ 2 ') 1999 FINANCE DEPT SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF Notary public in and for the State of Wash- ington, residing at r„ (-1,1 -,,,j COMMISSION EXPIRES ('`i I L." '1' 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