986 Tracking CopyCITY OF YELM
ORDINANCE NO. 986
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YELM,
WASHINGTON, AMENDING CHAPTER 10.26 OF THE YELM
MUNICIPAL CODE REGARDING MOTOR VEHICLE IMPOUNDMENT
WHEREAS, pursuant to Chapter 35A.13 of the Revised Code of
Washington, the City Council is charged with the legislative authority of
the City of Yelm;
WHEREAS, the City of Yelm desires to adopt standards in accordance
with Chapter 46.55 of the Revised Code of Washington ; and
WHEREAS, the City Council has determined that adopting standards in
accordance with Chapter 46.55 is in the best interest of the residents of
the City of Yelm and will promote the general health, safety, and welfare ;
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF YELM, WASHINGTON, as follows:
Section 1. 10.26.010 Period of impoundment.
A. Whenever the driver of a vehicle is arrested for a violation of section RGW 46.20.342,
46.20.345, 46.61.502, 46.61:504 or 46.61.506 of the Revised Code of Washington (RCW),
which sections have been adopted as a part of the City's Model Traffic Ordinance pursuant
to Chapter 308 -330 of the Washington Administrative Code (WAC) through Chapter 10.04 of
the Yelm Municipal Code (YMC), or subsequent amendments thereto, the vehicle may be is
subject to impoundment at the direction of a police officer.
B. If thea vehicle wasis impounded because the driver wasi6 arrested for a violation of
Driving While License Suspended (DWLS) in the Third Degree. as defined in RCW
46.20.342(1)(c) and the Washington Department of Licensing (DOL)4 records show that
the driver has no prior convictions of RCW 46.20.342 or other similar local ordinance, the
ipounded vehicle may be released as soon as all requirements of YMC sections 10.26.030
and 10.26.050 are met. '
fGF 15 days.
C. If thea vehicle wasis impounded because the driver was is arrested for a violation of
DWLS in the Third Degree, RGW 46.'42 and the Washington Department of Licensing's
records show that the driver has one or more prior convictions of a violation of RCW
46.20.342 or similar local ordinance within the past 5 years, the vehicle may be impounded
for thirty (30) days. '
msss.
D. If a vehicle wasis impounded because the driver was is arrested for DWLS in the First or
Second Degree, as defined in violation of RCW 46.20.342(1)(a) or RCW 46.20.342(1)(b),
and the Washington Department of Licensing's records show that the driver has no prior
convictions for a violation of RCW 46.20.342 or similar local ordinance within the past five
years, the vehicle may be impounded for thirty (30) days. '
the VehiGIe shall be impounded fer 90 days.
E. If the vehicle was impounded because the driver was arrested for DWLS in the First or
Second Degree, as defined by RCW 46.20.342(1)(a) or RCW 46.20.342(1)(b), and the
Washington Department of Licensing's records show that the driver has one prior conviction
for a violation of RCW 46.20.342(1)(a) or 46.20.342(1)0 or similar local ordinance within the
past five years, the vehicle may be impounded for sixty (60) days.
F. If the vehicle was impounded because the driver was arrested for DWLS in the First or
Second Degree, as defined in RCW 46.20.342(1)(a) or 46.20.342(1)(b), and the Washington
Department of Licensing's records show that the driver has two or more prior convictions for
a violation of RCW 46.20.342(1)(a) or 46.20.342(1)(b) or similar local ordinance within the
past five years, the vehicle may be impounded for ninety (90) days.
G. If the vehicle was impounded because the driver was arrested for a violation of RCW
46.20.345, the vehicle may be impounded for thirty (30) days.
H. If the vehicle was impounded because the driver was arrested for a violation of RCW
46.61.502 or 46.61.504. Driving Under the Influence or having Physical Control of a Vehicle
While under the Influence. as adopted by the Model Traffic Ordinance in WAC 308 - 330 -307
through YMC 10.04, the vehicle may be impounded for a period of twelve (12) hours. The
vehicle may be released after this twelve (12) hour impound as soon as the requirements of
YMC 10.26.030 and YMC 10.26.050 are met.
I. When an arrest is made for a violation of RCW 46.20.342, if the vehicle is a commercial
vehicle and the driver of the vehicle is not the owner of the vehicle, before 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 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 under subsection 10.26.030 of this section.
J. A rental car business or a motor vehicle dealer or lender with a perfected security interest
may immediately redeem a vehicle it owns that has been impounded pursuant to this section
by payments of the costs of removal . towina and storage. Upon such payment the vehicle
will not be held for the period of impoundment stated in this section.
10.26.020 Owner of Impounded Vehicle to be Notified Formatted: Font: Bold
A. In accordance with RCW 46.55.110, within twenty -four (24) hours after impoundment of
any vehicle, the tow contractor shall mail a notice by first class mail to the last known legal
and registered owners of the vehicles, as may be disclosed by the vehicle identification
number, and as provided by DOL. The notice shall include the name of the impounding tow
firm its address, and telephone number. The notice shall include the location, time of the
impound, and by whose authority the vehicle was impounded. The notice shall include the
written notice of the right of redemption and opportunity for a hearing to contest the validity of
the impound or the amount of towing and storage charges. The notice shall state the length
of the impound.
B. The notice reauired in subsection A of this section shall state that a person who desires to
redeem a vehicle impounded must within five (5) days of the impound at the request of the
tow truck operator, pay a security deposit to the two truck operator of not more than half of
the applicable impound storage rate for each day of the proposed suspended license
impound to ensure payment of the costs of the removal towing and storage of the vehicle
pursuant to RCW 46.55.120(1)(c).
C. The notification required in subsection A of this section shall state that if the security
deposit is not posted within 5 days of the impound the vehicle will immediately be processed
and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130(1). The notice
shall state the requirements set out in YMC 10.26.030 regarding the oayment of the costs of
removal, towing, and storage as well as providing proof of satisfaction of any penalties, fines
or forfeitures before redemption. The notice must also state that the registered owner is
ineligible to purchase the vehicle at the abandoned vehicle auction. if held.
D. If the date on which a notice required by subsection A of this section is to be mailed falls
upon a Saturday. Sunday, or postal holiday, the notice may be mailed on the next day that is
neither a Saturday. Sunday, or a postal holiday.
E. The registered tow truck operator shall give to each person who seeks to redeem an
impounded vehicle, or item or personal property registered or titled with the department,
written notice of the right of redemption and opportunity for a hearing, which notice shall be
accompanied by a form to be used for requesting a hearing, the name of the person or
agency authorizing the impound, and a copy of the towing and storage invoice. The
registered tow truck operator shall maintain a record evidenced by the redeeming person's
signature that such notification was provided.
F. The Yelm Police Department shall give written notification to the last registered and legal
owner that the investigatory hold has been removed, except that if a vehicle is redeemed
following notice by telephone and prior to the mailing of notice, then notice need not be
mailed. In addition. the Police Department shall notify the towing contractor, by telephone.
fax or in writing, of the authorization to release such vehicle.
G. As provided for in RCW 46.55.120(4), as now stated hereinafter amended
notwithstanding the statements contained in the notice described above. the legal owner of a
vehicle or personal property subiect to impound under this section may redeem such
property before the start of an auction by payment of the applicable towing administrative
and storage fees, as well as all applicable or necessary fines and interest.
10.26 0300 Redemption of impounded vehicles.
Vehicles impounded by the city shall be redeemed only under the following circumstances:
A. Only the legal owner, registered owner, a person authorized in writing by the registered
owner, the vehicle's insurer or a vendor working on behalf of the vehicle's insurer 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 10.26.010 must, prior to redemption,
establish that he or she has a valid driver's license. A vehicle impounded pursuant to YMC
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 10.26.010 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 Cshief of Ppolice is authorized to release a vehicle impounded pursuant to YMC
10.26.010 prior to the expiration of any period of impoundment based on the following:
(i) Economic or personal hardship to the spouse, or the person registered as the
domestic partner of the driver, taking into consideration public safety factors, including the
operator's criminal history and driving_ record: or
Iii) The owner of the vehicle was not the driver, the owner did not know that the
driver's license was suspended or revoked, and the owner has not received a prior release
under RCW 46.55.113(3)
In order to avoid discriminatory application, other than for the reasons for release set
forth in (c)(i) and (ii) of this subsection. the Police Chief or designee, will deny release in all
other circumstances without discretion.
D. Any person seeking to redeem a vehicle impounded under this section as a Fesali of a
has a right to a hearing, before the Police Chief or designee, as the
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, OR a f0ffn appFgyed by the Ghief of polirse and signed by sursh peFsen,
and received by the Chief of Police sbie€ of-peliee within 10 days (including Saturdays,
Sundays and holidays) of the latter of the date the notice was mailed to such person
pursuant to Section YMC 10.26.020, or the date the notice was given to such person by the
registered tow truck operator, Pursuant to RCW 46.55.120(2)(a). 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 YMC 10.26.010-RGVV 46.20.342 have been
satisfied, then the impounded vehicle shall be released immediately and a
hearing shall be held within 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 YMC 10.26.010 , have not been
satisfied, then the impounded vehicle shall not be released until after the
hearing which shall be held within two 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 subsection D of this section 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 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)(d), a decision made by the Police
Chief or designee, asp administrative hearings officer, may be appealed to
Yelm Municipal Court muniGipal GeuFt 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 ffwnisipal Csourt within
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 the Thurston
!a n Ddistrict Csourt. 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.
10.26.04036 Post - impoundment hearing procedure.
Any person seeking to redeem an impounded vehicle under this section has a right to a
hearing with the Police Chief or designee, as the administrative hearings officer, to contest
the validity of the impoundment or the amount of towing and storage charges. The Police
Chief or designee, as the administrative hearings officer, has jurisdiction to determine the
issues involving all impoundments including those authorized by officers of the City of Yelm.
Any request for a hearing shall be made in writing on the form provided for that purpose and
must be received by the Police Chief within ten days of the date the opportunity was
provided for in YMC 10.26.020 and more than five (5) days before the date of the auction. If
the hearing reauest is not received by the Police Chief within the ten -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. Upon receipt of a timely hearing request.
the Police Chief or designee, as the administrative hearings officer, shall proceed to hear and
determine the validity of the impoundment.
fees were prepeF.
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. At the hearing, the person or persons requesting the hearing may produce any relevant
evidence to show that the impoundment, towing, or storage fees charged were not proper.
The Police Chief or designee may consider a written resort made under oath by the office r
who authorized the impoundment in lieu of the officer's personal appearance at the hearing,
C. B. At the conclusion of the hearing. the Police Chief or designee shall determine whether
the impoundment was proper, whether the towing or storage fees charged were in
compliance with the posted rates, and who is responsible for payment of the fees. The Police
Chief or designee may not adjust fees or charges that are in compliance with the posted or
contracted rates.
In the event that the costs of impoundment (towing,
storage, and administrative fees) have not been paid or any other applicable requirements of
YMC 10.26.030 have not been satisfied or any period of impoundment
under section 10.26.010 has not expired, the Police Chief or designee, as the administrative
hearings offi.
cer shall alse provide that the impounded
vehicle shall only be released e* after payment to the city of any fines imposed on any
underlying traffic violations, satisfaction of any other applicable requirements of section YMC
10.26.030, after payment of the costs of impoundment to the towing company, and after the
expiration of any period of impoundment under YMC 10.26.010. In the event that the Police
Chief or desginee grants time payments the City shall be responsible for paying the costs of
impoundments to the towing company. The Police Chief or designee, as the administrative
hearings officer, shall grant time payments only in cases of extreme financial need, and
where there is an effective guarantee of payment. are tsatigfiedl IR he eveRt that the
gFant time payments only in rases Of e)dFeMKR- fin-MrDma-1 Reed, and wheFe theFe is an e#e
guaFaRtee of payment.
D. G. If the impoundment is found to be improper, the Police Chief or designee, as 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 Police Chief or designee, as the administrative hearings officer. 4he
shall enter judgment against the city and in favor of the person
who has paid the costs of impoundment iR the aFneunt of the eest6 ef the impouRdment and
any administrative fee.-
E. B. In the event that the Police Chief or designee, as 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 and any filing fee,
F. S. 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.
D.. 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.
10.26.05040 Administrative fee (storage).
A storage fee of $50.00 shall be levied upon each vehicle redeemed under the specifications
of YMC 10.26.020. The fee shall be remitted to the Yelm city clerk /treasurer. 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.
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance or a summary thereof consisting of the title
shall be published in the official newspaper of the City, and shall take effect and be in
full force five (5) days after publication.
PASSED by the City Council of Yelm this 25`h day of March, 2014.
Mayor r -a
AUTHENTICATED:
INAU2 0/�,-
rSchnepf, City Clerk.
APPROVED AS TO FORM:
Office of the City Attorney
Brent Dille, City Attorney
PUBLISHED: Nisqually Valley News, April 4, 2014
EFFECTIVE DATE: April 9, 2014