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AGENDA
Public Safety Committee Regular Meeting
4:00 PM - Monday, November 13, 2017
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. Amending RMC 10-5, Vehicle Impoundment
a) AB - 1963 Police Department recommends approval of an amendment to Renton
Municipal Code 10-5, Impoundment and Redemption of Vehicles, to reassign post-
impoundment jurisdiction from the City Hearing Examiner to the Renton Municipal Court.
2. Recruitment Bonus for Non-commissioned Police Department
Employees
a) AB - 2017 Police Department requests authorization to implement a $500 bonus program
for non-commissioned employees who successfully recruit either lateral police officers or
experienced non-commissioned staff, effective November 13, 2017.
3. Police Department Reorganization
a) AB - 2016 Police Department requests authorization of a department reorganization that
eliminates a Police Commander position and adds a second Deputy Chief position. The
fiscal impact is approximately $10,000 per year and will be absorbed by the department's
existing budget, effective January 1, 2018.
4. Emerging Issues in Public Safety
AB - 1963
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Amending Renton Municipal Code 10-5, Vehicle Impoundment
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Chad Karlewicz, Commander
EXT.: 7640
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Amend Renton Municipal Code (RMC) 10-5, Vehicle Impoundment to align RMC to State law and assign post-
impoundment jurisdiction from the City Hearing Examiner to the Renton Municipal Court.
EXHIBITS:
A. Draft Ordinance
STAFF RECOMMENDATION:
Approve the recommended amendment to Renton Municipal Code 10-5.
AGENDA ITEM #1. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
10‐5 OF THE RENTON MUNICIPAL CODE, CLARIFYING IMPOUNDMENT AND
REDEMPTION OF VEHICLE REGULATIONS, DESIGNATING THE RENTON
MUNICIPAL COURT AS THE POST IMPOUNDMENT HEARING VENUE, AND
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 10‐5 of the Renton Municipal Code, is amended as follows:
CHAPTER 5
IMPOUNDMENT AND REDEMPTION OF VEHICLES
SECTION:
10‐5‐1: Definitions
10‐5‐2: Impoundment Of Vehicles, Notice
10‐5‐3: How Impoundment Is To Be Effected
10‐5‐4: Owner Of Impounded Vehicle To Be Notified
10‐5‐5: Redemption Of Impounded Vehicles
10‐5‐6: Cancellation Of Hearing Reserved
10‐5‐7: Post Impoundment Hearing Procedure
10‐5‐8: Abandoned Vehicles
10‐5‐9: Renton Police Department Record Of Impounded Vehicles
10‐5‐10: Approved Tow Company Duties And Records
10‐5‐11: Severability
10‐5‐12: Approved Tow Rates Required
10‐5‐13: Penalties For Violations By Approved Tow Agency
10‐5‐1 DEFINITIONS:
APPROVED TOW COMPANY: Any person, firm, partnership, tow operator,
association or corporation approved by the Renton Police Department that
engages in the impounding, transporting, or storage of unauthorized vehicles, or
the disposal of abandoned vehicles. Approved tow companies must comply with
all State laws, County ordinances, and any Federal law including antitrust laws.
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HIGHWAY: The entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of
vehicular travel.
IMPOUNDMENT: As used in this Chapter, impoundment shall have the definition
set forth in RCW 46.55 for “impound” and, in addition, shall include tThe removal
of a vehicle to a storage facility either by an officer or authorized agent of the
Renton Police Department or by an approved towing company for towing and
storage in response to a request from an officer or authorized agent of the Renton
Police Department.
VEHICLES: As used in this Chapter, vehicle shall have the definition set forth in
RCW 46.04 and, in addition, shall include any vehicle hulk as the same is defined
in Renton Municipal Code Section RMC 6‐1‐1.
10‐5‐2 IMPOUNDMENT OF VEHICLES, NOTICE:
A. When A Vehicle May Be Impounded Without Prior Notice: A vehicle may
be impounded without prior notice to its owner for any of the following reasons:
1. The vehicle is impeding or is likely to impede the normal flow of
vehicular or pedestrian traffic;
2. The vehicle is illegally parked in a conspicuously posted restricted zone
where parking is limited to designated classes of vehicles or is prohibited during
certain hours, on designated days or at any time and where the vehicle is
interfering or likely to interfere with the intended use of such a zone;
3. The vehicle poses an immediate danger to public safety;
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4. A police officer has information sufficient to form a reasonable belief
that the vehicle is stolen;
51. A police officer has information sufficient to form a reasonable belief
that the vehicle constitutes evidence of a crime or contains evidence of a crime, if
impoundment is reasonably necessary to obtain or preserve such evidence.
62. The vehicle is parked without authorization on residential property.
73. The vehicle is parked on private, nonresidential property, properly
posted under RCW 46.55.070.
84. Impound is authorized or required by law.
Nothing in such this Section shall be construed to authorize seizure of a
vehicle without a warrant where a warrant would otherwise be required.
B. When A Vehicle May Be Impounded After Notice: A vehicle not subject
to impoundment under Section RMC 10‐5‐2.A may be impounded after notice of
such proposed impoundment has been attached to and conspicuously displayed
on the vehicle for a period of twenty‐four (24) hours prior to such impoundment,
for the following reasons:
1. Such vehicle is left unattended on a public hHighway.
2. Such vehicle is a junk or abandoned vehicle, as defined in Renton
Municipal Code Section RMC 6‐1‐1.
3. Such vehicle is left unattended on private property not posted in
accordance with RCW 46.55.070.
AGENDA ITEM #1. a)
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10‐5‐3 HOW IMPOUNDMENT IS TO BE EFFECTED:
When impoundment is authorized by this Chapter, a vehicle may be impounded
by an approved towing company at the request of an officer or authorized agent
of the Renton Police Department.
10‐5‐4 OWNER OF IMPOUNDED VEHICLE TO BE NOTIFIED:
A. Not more than forty‐eight (48) twenty‐four (24) hours after impoundment
of any vehicle, the Renton Police Department shall mail cause a notice of impound,
hereinafter referred to as the impound report, and notice of redemption and
opportunity for a hearing to be mailed to the registered owner and legal owner of
an impounded vehicle, as may be disclosed by the vehicle license number, or
vehicle identification number (VIN), if such be obtainable, unless the impound
report shall be mailed to the registered owner at the address provided by the
Washington State Department of Motor Vehicles Licensing, or the corresponding
agency of any other state or province. If the officer requesting the impound has
reason to believe that the registered owner is residing or is in custody at some
different address known to the officer, a copy of the impound report and notice
of redemption and opportunity for a hearing shall be sent to that address. The
impound report shall contain the particulars of the impoundment, the name and
address of the tow company involved, and location of storage if not that
company’s address.
B. Written notice of redemption and opportunity for a hearing as set forth
on a form provided by the Renton Police Department and a copy of the tow and
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storage receipt shall be given by the tow company to each person who seeks to
redeem an impounded vehicle. The tow company shall maintain a record
evidenced by the redeeming person’s signature that such notification was
provided.
C. Similar written notice and record of notification for redemption and
opportunity for a hearing as set forth on a form provided by the Renton Police
Department shall likewise be given by the tow company at the time of releasing a
vehicle impounded for investigatory purposes pursuant to Section RMC 10‐5‐
2.A.5. The Renton Police Department shall notify the tow company of the
authorization to release such vehicle.
10‐5‐5 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 a vehicle from the registered owner, who produces
proof of ownership or authorization and signs a receipt therefor, may redeem an
impounded vehicle.
B. Any person so redeeming a vehicle impounded by the City shall pay to the
towing company the costs of impoundment (towing and storage) prior to
redeeming such vehicle.
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C. Any person seeking to redeem an impounded vehicle has a right to a
hearing to contest the validity of the impoundment or the amount of towing and
storage charges, except no appeal shall be had when:
1. The appeal is to the tow company rates and the rates do not exceed
those approved by the City.
2. The vehicle was impounded because it was stolen or used in the
commission of a felony.
10‐5‐6 RESERVED CANCELLATION OF HEARING:
Any person redeeming an impounded vehicle in accordance with Section RMC 10‐
5‐5.C shall have until ten (10) days after the date of the request to cancel the
hearing. If a hearing is cancelled more than ten (10) days after its request, then a
ten dollar ($10.00) cancellation fee must be paid to the City.
10‐5‐7 POST IMPOUNDMENT HEARING PROCEDURE:
A. Hearings requested pursuant to Section RMC 10‐5‐4 hereof shall be held
by the City Hearing Examiner Renton Municipal Court.
B. The Hearing Examiner Renton Municipal Court shall, within ten five (510)
days after the request for a hearing, notify the registered tow truck operator, the
person requesting the hearing if not the owner, the registered and legal owners
of the vehicle or other item of personal property registered or titled with the
department, and the person or agency authorizing the impound shall notify the
motor vehicle owner in writing of:
1. The hearing date and time; and
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2. If the owner of the motor vehicle desires to have the police officer
responsible for the impoundment or a representative of the towing company
present at the hearing, a written request on a document provided by the Hearing
Examiner must be returned to the Hearing Examiner Renton Municipal Court no
later than ten (10) days prior to the hearing date;
3. In absence of such a request, the officer’s impound report and/or tow
company’s tow and storage receipt shall be received in evidence.
C. At the hearing, the Police Department may produce any relevant evidence
to show that the impound was proper. In absence of a request by the vehicle
owner pursuant to Section RMC 10‐5‐7.B and Section RMC 10‐5‐7.D of this
Section, the officer’s impound report and/or tow company’s tow and storage
receipt shall be received in evidence. In determining whether the fees charged
were proper, the Hearing Examiner Judge may take notice of the tow company’s
rates which shall be filed with the Hearing Examiner Renton Municipal Court and
available for public inspection.
D. At the hearing, the owner of the motor vehicle impounded may produce
any relevant evidence to show that the impound and/or towing and/or storage
fees charged were not proper.
E. In lieu of a personal appearance, the owner of the motor vehicle
impounded may provide the Hearing Examiner with a written statement of
position which the Hearing Examiner may consider in the same manner as the
officer’s impound report and the tow company’s tow and storage receipt.
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F. At the conclusion of the hearing, and within no later than thirty (30) days
following the hearing, the Hearing Examiner Judge shall determine whether the
towing or storage fees charged were in compliance with the posted rates and who
is responsible for payment of the fees. The court may not adjust fees or charges
that are in compliance with the posted or contracted rates. whether the
impoundment, and/or towing, and/or storage fees charged were proper and
provide both parties with a copy of his decision setting forth in writing the reasons
for the determination reached. Should the Hearing Examiner Judge determine
that the towing and/or storage fees charged were not proper, then the Hearing
Examiner Judge shall determine the proper amount. After each hearing, the court
shall provide both parties with a copy of the court’s decision setting forth in
writing the reasons for the determination reached, and provide a copy of the
decision to the tow company and the Renton Police Department. and provide a
copy of his decision to the tow company and the Police Department.
G. If the impoundment is found determined to be proper, the expense of the
hearing shall be assessed as a civil monetary penalty against the owner of the
vehicle impounded. The appearance cost of an approved tow company’s
representative if requested shall be a cost assessed, Section RMC 10‐5‐7.I of this
Section notwithstanding.
H. If the impound is not found determined to be proper the owner of the
vehicle shall bear no costs, and the City shall refund to the owner shall be refunded
the cost of towing and storage.
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I. Compensation for the hearing appearance of a representative of an
approved tow company shall be paid by the City at the rate of fifteen dollars
($15.00) for such person’s appearance.
JI. Nothing in this Chapter shall be construed to prevent the Hearing
Examiner Judge exercising discretion in assessing penalties, costs or arranging
time payments if justice so requires.
10‐5‐8 ABANDONED VEHICLES:
Any impounded vehicle not redeemed within fifteen (15) days of mailing of the
notice required by Section 10‐5‐4 of this Chapter shall be deemed abandoned;
provided that, if the Police Department has reason to believe that the owner of
such impounded vehicle is in custody of the Police Department jail incarcerated,
it shall be presumed that the vehicle is not abandoned until after the prisoner has
had an opportunity to be heard regarding the propriety of the impoundment and
circumstances giving rise to such impoundment; provided further that, in the case
of a vehicle impounded by order of a police officer and held pursuant to police
order, the fifteen (15) days shall not begin until forty‐eight (48) hours after the
Police Department shall have notified both the owner and the towing company in
accordance with Section RMC 10‐5‐4.C that it has authorized the release of the
vehicle. Any vehicle so determined to have been abandoned shall be deemed to
be in custody of the Chief of Police.
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No tow truck operator shall sell or otherwise dispose of an abandoned vehicle
regardless of its age unless he has first complied with the provisions of
RCW 46.52.120 and 46.55.130.
In the case of failure to redeem an abandoned vehicle under RCW 46.55.120 an
officer shall send a notice of infraction by certified mail to the last known address
of the registered owner of the vehicle.
10‐5‐9 RENTON POLICE DEPARTMENT RECORD OF IMPOUNDED VEHICLES:
The Police Department shall keep, and make available for inspection, a record of
all vehicles impounded under the provisions of this Chapter. The record shall
include at least the following information:
A. Vehicle make, year and model;
B. Vehicle license number and state of registration;
C. Vehicle identification number, if ascertainable;
D. Such other descriptive information as the Chief of Police deems useful for
purposes of vehicle identification;
E. Name of impounding officer and serial number; and
F. Reason for impoundment, and the time, date and location the approved
towing company took custody.
10‐5‐10 APPROVED TOW COMPANY DUTIES AND RECORDS:
Each approved tow company as conditions of approval in addition to fully
complying with the standards set by the Police Department must:
A. File its towing and storage rates with the Police Department.
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B. Mail within twenty‐four (24) hours of receipt thereof a fully completed
and signed copy of any requests for hearing and promissory note and copy of the
tow and storage receipt to the Hearing Examiner Renton Municipal Court.
C. Keep, and make available for Police Department inspection, a record of all
vehicles which it impounds under the provisions of this Chapter. The record shall
include:
1. A copy of each tow and storage receipt which shall contain at least the
following information:
a. Information on the person securing the release of a towed vehicle,
including the person’s name, relationship to owner (if not the owner), driver’s
license number, signature and address;
b. Vehicle make, year, license and identification numbers;
c. Any unusual circumstance of the tow;
d. Time, date, location of tow and distance towed;
e. Name of tow truck driver and his signature.
2. A copy of each request for a hearing for all vehicles redeemed, signed
by the redeeming person.
3. A copy of each monthly notarized claim for reimbursement for towing,
storage and mailing costs.
10‐5‐11 SEVERABILITY:
AGENDA ITEM #1. a)
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Should any section, subsection, paragraph, sentence, clause or phrase of this
Chapter be declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining portions of this Chapter.
10‐5‐12 APPROVED TOW RATES REQUIRED:
Each approved tow company shall have its tow rates approved by the Police
Department, and an approved tow company shall not charge greater than its
approved tow rates. To the greatest extent possible, the approved tow rates shall
be equivalent to those approved by the State patrol for tows it initiates.
10‐5‐13 PENALTIES FOR VIOLATIONS BY APPROVED TOW AGENCY:
Should any approved tow agency violate any section of this Chapter, including
charging fees in excess of the approved tow rates, then it shall be subject to
progressive penalties. For the first violation of the Code this Chapter, the
offending tow agency shall be charged a civil penalty of not more than one two
hundred fifty dollars ($100250.00). For the second such violation within any
calendar year, the tow agency shall be penalized up to five hundred dollars
($500.00). For the third and subsequent violations, the tow agency may be placed
on probation, temporarily removed from the list of tow agencies, or removed from
the list of approved tow agencies and not permitted to reapply for inclusion within
that list for a period of one (1) year. Each penalty shall be determined by the Police
Chief or his designee after reviewing the available information. Should the tow
agency be aggrieved by the decision of the Police Chief or his designee, then the
tow agency may appeal, within twenty (20) days of receipt of notification of any
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penalty, to the Hearing Examiner. Such appeal shall be in writing and shall state
all reasons why the aggrieved agency is appealing. The Hearing Examiner’s
decision shall be rendered not more than thirty (30) days after an appeal hearing
to be established by the Hearing Examiner. Any appeal from the Hearing
Examiner’s decision shall be to Superior Court within twenty (20) days of the
Hearing Examiner’s written decision.
SECTION II. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION III. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
AGENDA ITEM #1. a)
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Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1968:10/30/17:scr
AGENDA ITEM #1. a)
AB - 2017
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Non-Commissioned Employee Recruitment Bonus
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Kevin Milosevich, Police Chief
EXT.: 7503
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The best recruiters for new employees are our current employees. Currently, commissioned officers receive a
$500 bonus should they successfully recruit a lateral officer to join the Department. We want to provide this
same bonus to non-commissioned employees who successfully recruit either lateral police officers or
experienced non-commissioned staff. The reduced time in training experienced personnel easily outweighs
the recruitment bonus received by the current employee.
EXHIBITS:
N/A
STAFF RECOMMENDATION:
Approve and authorize the recruitment bonus for non-commissioned employees.
AGENDA ITEM #2. a)
AB - 2016
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Police Department Reorganization
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Kevin Milosevich, Police Chief
EXT.: 7503
FISCAL IMPACT SUMMARY:
An approximate increase of $10,000 per year.
SUMMARY OF ACTION:
In an effort to more efficiently manage the Police Department, a change in the organizational structure of the
Department is requested by eliminating a Commander position and adding a second Deputy Chief position.
To effectively guide the Department, we must focus our efforts in a wide array of disciplines. These disciplines
include traditional police work, both reactive and proactive; community outreach by being present at events
and through various social media platforms; recruitment and retention of a highly qualified and trained
workforce; and by working collaboratively with groups, neighborhoods, and business leaders to provide
outstanding service to our community.
This reorganization will:
• Lead to a reduced span of control for the current Deputy Chief.
• Separate the divisions into effective work groups by function that will increase effectiveness.
• Enable the Administration in meeting needs of both the Department and the Community.
EXHIBITS:
N/A
STAFF RECOMMENDATION:
Approve and authorize the reorganization of the Police Department by eliminating a Commander position and
adding a second Deputy Chief position.
AGENDA ITEM #3. a)