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AGENDA
Public Safety Committee Regular Meeting
5:00 PM - Monday, June 11, 2018
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. Vehicle Impoundment and Redemption Code Amendment
a) AB - 2152 City Clerk submits the staff recommendation to amend Renton Municipal Code
(RMC) 10-5, Vehicle Impoundment and Redemption, to conform the RMC to State law,
clarify when notice is required prior to impoundments, and to confer jurisdiction of
impoundment hearings from the City Hearing Examiner to the Renton Municipal Court.
2. Emerging Issues in Public Safety
AB - 2152
City Council Regular Meeting - 14 May 2018
SUBJECT/TITLE: Amending Renton Municipal Code 10-5, Vehicle Impoundment and
Redemption
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
On November 6, 2017, the administration referred an ordinance amending Renton Municipal Code (RMC) 10-
5, Vehicle Impoundment and Redemption, to the Public Safety Committee for review. However, prior to
adoption of the ordinance, it was pulled from consideration and has since undergone several revisions. In
order to fully apprise Council of the new revisions, the administration is requesting this item be re-referred to
the Public Safety Committee. This ordinance conforms the Renton Municipal Code to State law, clarifies when
notice is required prior to impoundments, and confers jurisdiction of impoundment hearings 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)
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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 Purpose and Intent
10‐5‐4: Owner Of Impounded Vehicle To Be Notified
10‐5‐5: Redemption Of Impounded Vehicles
10‐5‐6: Cancellation Of Hearing Challenging the Impoundment –
Requirements
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:
A. 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 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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B. 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.
C. IMPOUNDMENT: As used in this Chapter, impoundment shall have the
definition set forth in RCW 46.55 for “impound” and, in addition, shall include the
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.
D. 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 with or without citation and 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; or
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; or
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3. When a vehicle without a special license plate, card, or decal
indicating that the vehicle is being used to transport a disabled person as defined
under Chapter 46.16 RCW is parked in a stall or space clearly and conspicuously
marked as provided in RMC Chapter 10‐10, whether the space is provided on
private property without charge or on public property; or
4. The vehicle poses an immediate danger to public safety; or
45. A police officer has information sufficient to form a reasonable belief
that the vehicle is stolen; or
56. 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; or.
6. The vehicle is parked without authorization on residential property.
7. The vehicle is parked on private, nonresidential City property or right
of way, properly posted under to the extent required by RCW 46.55.070; or.
8. The vehicle is parked on a Highway and its vehicle registration is
expired by more than forty‐five (45) days; or
9. The vehicle is a junk vehicle or vehicle hulk, as that term is defined by
RMC 6‐1, and is parked on a Highway, street, alley, or road open to the public or
on municipal or other public property; or
8.10. Impound without notice is otherwise authorized 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.
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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 highway. When such
vehicle is parked and/or used in violation of any law, ordinance or regulation; or
2. Such vehicle is a junk or abandoned vehicle, as defined in Renton
Municipal Code Section RMC 6‐1‐1.; or
3. Such vehicle is left unattended without authorization on private City
owned non‐highway property not posted in accordance with RCW 46.55.070; or
4. When such vehicle is so mechanically defective as to be unsafe for
operation; provided, however, that this section shall not be construed to prevent
the operation of any such defective vehicle to a place for correction of
equipment defect in the manner directed by any police officer.
10‐5‐3 HOW IMPOUNDMENT IS TO BE EFFECTED: PURPOSE AND INTENT:
All impoundments authorized by the City shall be conducted in accordance with
state law, as prescribed by Chapter 46.55 RCW, which is hereby adopted by
reference and incorporated into this chapter. This Chapter is not intended to
replace or subvert the state law governing impoundments or apply to privately
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authorized impoundments. This ordinance is intended to supplement and
complement existing state law.
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 a notice of impound,
hereinafter referred to as the impound report, and notice of redemption and
opportunity for a hearing shall 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
government agency of any other state or province. If the officer person 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 requestor, a copy of the
impound report and notice of the right 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, phone number and address of the tow
company involved, and location of storage of the vehicle if not that company’s
address.
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B. Written notice of redemption and opportunity for a hearing as set forth
on a form provided by the Renton Police Department with information required
by Chapter 46.55 RCW and a copy of the tow and 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 10‐5‐2A.
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, conducted in accordance with this Chapter, to contest the validity of the
impoundment or the amount of towing and storage charges, except no appeal
shall be had permitted 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 CANCELLATION OF HEARING: CHALLENGING THE IMPOUNDMENT –
REQUIREMENTS:
A. Statute Of Limitations: Pursuant to RCW 46.55.120, any person seeking to
challenge the validity of an impoundment authorized by the City of Renton
pursuant to this chapter or the amount of towing and storage charges therefore
shall request a hearing by paying a filing fee and filing a request for hearing with
the Renton Municipal Court no later than ten (10) days after receiving written
notice of the right of redemption and opportunity for hearing and no less than six
(6) days prior to the date the vehicle is schedule to be sold at auction.
B. Waiver Of Hearing: If the hearing request or the applicable filing fee is not
received by the Renton Municipal Court within the prescribed time, the right to a
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hearing is waived, and the registered owner (or entity) shall be liable for the
charged towing, storage, or other impoundment fees.
Any person redeeming an impounded vehicle in accordance with Section 10‐
5‐5C 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. The Renton Municipal Court is vested with jurisdiction over any hHearings
requested pursuant to Section 10‐5‐4 this chapter or applicable state law
governing impoundments authorized by the City of Renton or its authorized
agents hereof shall be held by the City Hearing Examiner.
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
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
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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.
F.E. 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
impoundment, and/or towing, and/or storage any fees charged for towing and/or
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storage were proper 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 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 his the decision to the tow company and the Renton Police
Department.
G.F. If the impoundment is found proper, any unpaid impoundment, towing,
and storage fees as permitted under this chapter together with any applicable
court costs shall be assessed against the person(s) or entity requesting the
hearing, and no refund shall be granted. the expense of the hearing shall be
assessed as a civil 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 10‐5‐7J of this Section notwithstanding.
H.G. If the City’s authorization to impound is not found determined to be
proper in violation of this Chapter, the owner of the vehicle shall bear no costs,
and the City shall refund to the owner any expenses incurred for the cost of towing
and storage.
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H. If the impoundment is determined to be in violation of this Chapter due to
an error or omission of the tow company, or if the tow company is found to have
charged excessive fees, the owner of the vehicle shall bear no costs, and the tow
company shall refund any expenses incurred for the cost of towing and storage.
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. Decisions issued by the Renton Municipal
Court in accordance with this Chapter may be appealed by filing a petition in King
County Superior Court no later than thirty (30) days following the Renton
Municipal Court’s entry of the decision.
J. 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.
K. No attorneys’ fees shall be awarded to any party, except where required
by state or federal law.
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
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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.
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 Chapter 46.55 RCW.
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;
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E. Name of impounding officer and serial number;
F. Reason for impoundment, and the time, date and location the approved
towing company took custody.; and
G. The written tow authorization form, if applicable.
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.
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;
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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.
4. Copies of any notices and/or forms the Approved Tow Company was
required to provide to the vehicle owner(s), pursuant to Chapter 46.55 RCW.
10‐5‐11 SEVERABILITY:
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
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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
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 appeal decision shall be to filed with the King County Superior Court
by Writ of Review brought 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.
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PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2018.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2018.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1968:5/1/18:scr
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