646 YMC 10.26 Impound Vehicle CITY OF YELM
ORDINANCE NO. 646
AN ORDINANCE PROVIDING GUIDELINES FOR IMPOUNDING THE
VEHICLE OF DRIVERS OPERATING A MOTOR VEHICLE WHILE THAT
PERSON IS IN A SUSPENDED OR REVOKED STATUS OR WHEN HIS OR
HER PRIVILEGE TO DRIVE IS SUSPENDED OR REVOKED UNDER THE
PROVISIONS OF RCW 46.20.342 AND CREATING A NEW CHAPTER
YMC 10.26 IN THE YELM MUNICIPAL CODE.
WHEREAS, municipalities have been provided with provisions to impound
vehicles of drivers driving with a suspended or revoked license; and
WHEREAS, a policy to manage the redemption of vehicles impounded under
RCW 46.30.342 is necessary;
NOW, THEREFORE, the City Council of the City of Yelm, Washington, does
ordain as follows:
10.26.010 PERIOD OF IMPOUNDMENT.
A. Whenever the driver of a vehicle is arrested for a violation of RCW
46.20.342 the vehicle is subject to impoundment at the direction of a police officer.
B. If a vehicle is impounded because the driver is arrested for a violation of
RCW 46.20.342 and the Washington Department of Licensing's records show that the
driver's status is suspended third degree, the vehicle shall be impounded for fifteen (15)
days.
C. If a vehicle is impounded because the driver is arrested for a violation of
RCW 46.20.342 and the Washington Department of Licensing's records show that the
driver's status is suspended second degree, the vehicle shall be impounded for thirty (30)
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 ninety (90)
days.
10.26.020 REDEMPTION OF IMPOUNDED VEHICLES -Vehicles impounded by
the City shall be redeemed only under the following circumstances:
A. Only the registered owner, a person authorized by the registered owner, or
one who has purchased the vehicle from the registered owner, who produces ownership
or authorization and signs a receipt therefor, may redeem an impounded vehicle. A
person redeeming a vehicle impounded pursuant to YMC Section 10.26.010 must, prior
Ord 646 Page 1
ab/mso/lega1.98/ord646. doc
to redemption, establish that he or she has a valid driver's license. A vehicle impounded
pursuant to YMC Section 10.26.010 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 impoundment (towing) and any administrative fee prior to
redeeming such vehicle. Such towing contractor shall accept payment as provided in
RCW 46.55.120 (1) (b), as now or hereafter amended. If the vehicle was impounded
pursuant to YMC Section 10.26.010 of this Ordinance and was being 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 Chief of Police is authorized to release a vehicle impounded pursuant
to YMC Section 10.26.010 prior to the expiration of any period of impoundment upon
petition of the spouse of the driver, or the person registered as the domestic partner of the
driver, based on economic or personal hardship to such spouse or domestic partner
resulting from the unavailability of the vehicle and after consideration of the threat to
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 still must satisfy the
requirements of YMC Section 10.26.020, Subsections A and B.
D. Any person seeking to redeem a vehicle impounded as a result of a
parking or traffic citation has a right to a hearing before an administrative hearings officer
to contest the validity of an impoundment or the amount of towing and storage charges if
such request for hearing is in writing, in a form approved by the Chief of Police and
signed by such person, and received by the Chief of Police within ten (10) days
(including Saturdays, Sundays and holidays). Such hearing shall be provided as follows:
1. If all of the requirements to redeem the vehicle, including
expiration of any period of impoundment under RCW 46.20.342 have been satisfied, then
the impounded 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 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 two (2) business days (excluding Saturdays, Sundays, and holidays) of the
written request for hearing.
3. Any person seeking a hearing who has failed to request such
hearing within the time specified in Section D may petition the Chief of Police for an
extension to file a request for 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
beyond the control of the person seeking the hearing that prevented such person from
Ord 646 Page 2
ab/mso/lega1.98/ord646. doc
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 right 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.
5. In accordance with RCW 46.55.240(1)(4), adecision made by an
administrative hearings officer maybe appealed to Municipal Court for final judgment.
The hearing on the appeal under this subsection shall be de novo. A person appealing
such a decision must file a request for an appeal in Municipal Court within fifteen (15)
days after the decision of the administrative hearings officer and must pay a filing fee in
the same amount required for the filing of a suit in district court. If a person fails to file a
request for an appeal within the time specified by this section or does not pay the filing
fee, the right to an appeal is waived and the administrative hearings officer's decision is
final.
10.26.030 POST-IMPOUNDMENT HEARING PROCEDURE -Hearings requested
pursuant to YMC Section 10.26.020 shall be held by an administrative hearings officer
who shall determine whether the impoundment was proper and whether the associated
towing, storage, and administrative fees were proper.
A. 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 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.
B. If the impoundment is found to be proper, the administrative hearings
officer shall enter an order so stating. In the event that the costs of impoundment
(towing, storage, and administrative fees) have not been paid or any other applicable
requirements of YMC Section 10.26.020 Subsections A and B have not been satisfied or
any period of impoundment has not expired, the administrative hearings officer's order
shall also provide that the impounded vehicle shall be released only after payment to the
City of any fines imposed on any underlying traffic violations are satisfied. In the event
that the administrative hearings officer grants time payments, the City shall be
responsible for paying the costs of impoundment to the towing company. The
administrative hearings officer shall grant time payments only in cases of extreme
financial need, and where there is an effective guarantee of payment.
C. If the impoundment is found to be improper, the administrative hearings
officer shall enter an order so stating and order the immediate release of the vehicle. If
the costs of impoundment have already been paid, the administrative hearings officer
shall enter judgement against the City and in favor of the person who has paid the costs
Ord 646 Page 3
ab/mso/lega1.98/ord646. doc
of impoundment in the amount of the costs of the impoundment.
D. In the event that the administrative hearings officer finds that the impound
was proper, but that the towing, storage, or administrative fees charged for the
impoundment were improper, the administrative hearings officer shall determine the
correct fees to be charged. If the costs of impoundment have been paid, the
administrative hearings officer shall enter a judgment against the City and in favor of the
person who has paid the costs of impoundment for the amount of the overpayment.
E. No determination of facts made at a hearing under this section shall have
any collateral estoppel effect on a subsequent criminal prosecution and shall not preclude
litigation of those same facts in a subsequent criminal prosecution.
F. An appeal of the administrative hearings officer's decision in Municipal
Court shall be conducted according to, and is subject to, the procedures of this section. If
the court finds that the impoundment or towing, storage or administrative fees are
improper, any judgment entered against the City shall include the amount of the filing
fee.
10.26.040 ADMINISTRATIVE FEE (STORAGE) - A storage fee of Eight Dollars
($8.00) per day shall be levied upon each vehicle redeemed under the specifications of
YMC Section 10.26.020. The fee shall be remitted to the Yelm City Clerk. 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 and shall be
deposited in an appropriate account.
Effective Date: This ordinance shall become effective on and after January 1, 1999.
ADOPTED this 9th day of December, 1998.
(/C/
Kathryn M. Wolf, Mayor
Attest:
1 tr/
Agn P. Bennick, City Clerk
PASSED and APPROVED: December 9, 1998
EFFECTIVE: January 1, 1999
PUBLISHED: Nisqually Valley News, December 11, 1998
Ord 646 Page 4
ab/mso/lega1.98/ord646. doc