Loading...
HomeMy WebLinkAboutORD 3826 Repeals Ordinance No. 3176 Amended by Ordinance No. 3914, 4089, 4262 CITY OF RENTON, WASHINGTON ORDINANCE N0. 3826 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON REPEALING EXISTING CHAPTER 17 , TITLE X (TRAFFIC) OF ORDINANCE NO . 1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" RELATING TO VEHICLE IMPOUND REGULATIONS AND CREATING A NEW CHAPTER 17 RELATING TO VEHICLE IMPOUND REGULATIONS THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I : Existing Chapter 17 of Title X (Traffic) of Ordinance No . 1628 entitled "Code of General Ordinance of the City of Renton" is hereby repealed in its entirety . SECTION II : A new Chapter 17 of Title-.X (Traffic.) of Ordinance No . 1628 entitled "Code of General Ordinances of the City of Renton" entitled "Impoundment andRedemption of Certain Vehicles" is hereby established as follows : Section 10-1701 DEFINITIONS 1 . Impoundment : Impoundment as used in this Chapter shall mean 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. 2 . Approved Tow Company : Approved tow company as used in this Chapter shall mean any person, firm, partnership , tow operator -1- . , I 1 association or corporation approved by the Renton Police Department . Approved tow companies must comply with all state laws , county ordinances , and any federal law including antitrust laws . 3. Vehicles : Vehicle as used in this Chapter shall have the definition set forth in RCW 46 . 04 and, in addition, shall include any vehicle hulk as the same as defined in RCW 46 . 52 . 200 . Section 10-1702 : When a vehicle may be impounded without prior notice. Vehicle may be impounded without prior notice to its owner for any of the following reasons : A. The vehicle is impeding or is likely to impede the normal flow of vehicular or edestrial traffic ; p B . 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 ; C. The vehicle poses an immediate danger to public safety; D. A police officer has information sufficient to form a reasonable belief that the vehicle is stolen; E. 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. Nothing in such section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required. Section 10-1703 When a vehicle may be impounded after notice. A vehicle not subject to impoundment under Section 10-1702 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 hours prior to such impoundment , -2- i for the following reasons : A. Such vehicle is parked and/or used in violation of any law, ordinance or regulation; B . Such vehicle is abandoned, as defined in RCW 46 .52 .102 . C . Such vehicle is abandoned onrivate property P P P Y in violation of City Ordinance . Section 10-170f: 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 . g P Section 10-1705: Owner of impounded vehicle be p to notified. A. Not more than forty-eight 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 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 , 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 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 storage receipt shall be given by the tow company to -3- each person who seeks to redeem an impound 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 SectLor_" 1Q-1.7021 E;-_ -renton Police Department shall notify the tow company of the authorization to release such vehicle. Section 10-1706: 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 signes 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 impound- ment (towing and storage) prior to redeeming such vehicle except as provided for by Subsection C of this section. 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 . Such person shall have his or her vehicle released upon making a written request for a hearing and executing a promissory note on a form provided by the City of Renton Police Department , naming the City of Renton as payee , in an amount to include both the costs of towing and storage plus a civil penalty of two-hundred fifty dollars ($250. 04) . The promissory note shall immediately become due and owing in the event such a person either 1 . fails to appear at the requested hearing, or 2 . fails to pay immediately after the hearing any towing and storage charges for which such person may be found liable. The promissory note shall be automatically cancelled and discharged when a person either 1 . cancels his or her request for a hearing and pays the towing and storage charges and the cancellation fee as provided in Section 10-1707 hereof, or -4- 2. pays the towing and storage charges and other costs after having been found liable therefor at the hearing provided for in this Section and Section 10-1706. Section 10-1707. Cancellation of Hearing. Any person redeeming an impounded vehicle in accordance with Subsection C of Section 10-1706 shall have until ten days after the date of the request to cancel the hearing by making payment to the City of Renton for the cost of towing and storage. If a hearing is cancelled more than ten days after its request , then a ten dollar cancellation fee must be paid to the City of Renton in addition to the cost of towing and storage. Section 10-1708 : Post Impoundment Hearing Procedure . A. Hearings requested pursuant to Section 10-1706 hereof shall be held by the City of Renton Hearing Examiner . B . The Hearing Examiner at least ten days after the request for a hearing 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 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 no later than ten 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 Renton 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 subsections B and D of this section, the officer ' s impound report and/or tow company' s tow -5- and storage receipt shall be received in evidence . In determining whether the fees charged were proper , the Hearing Examiner may take notice of the tow company' s rates which shall be filed with the Hearing Examiner 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. Should the owner of the motor vehicle desire to have the officer responsible for the impoundment or a representative of the tow company present at the hearing, a written request pursuant to subsection B of this section must be made to the Hearing Examiner no later than ten days prior to the hearing date. E. At the conclusion of the hearing the Hearing Examiner shall determine 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 determine that the towing and/or storage fees charged were not proper , then the Hearing Examiner shall determine the proper amount and provide a copy of his decision to the tow company and the Renton Police Department . F. If the impoundment is found proper , the impoundment and/or towing and/or storage fees together with 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 re-quested shall be a cost assessed, subsection I of this Section notwithstanding. G. If the impound is not found proper then the owner of the vehicle shall bear no costs . H. Compensation for the hearing appearance of a representative of an approved tow company shall be paid by the City of Renton at the rate of fifteen dollars for such person' s appearance. I. Nothing in this ordinance shall be construed to prevent the Hearing Examiner exercising discretion in assessing penalties , costs or arranging time payments if justice so required. . -6- v Section 10-1709: Abandoned Vehicles . Any impounded vehicle not redeemed within fifteen days of mailing of the notice required by Section 10-1705 of this chapter shall be deemed abandoned; provided that , if the Renton Police Department has reason to believe that the owner of such impounded vehicle is in custody of the Renton Police Department Jail , it shall be presumed that the vehicle is not abandoned until after the prisoner has had an opportunity to be heard regarding the properiety of the impoundment and circumstances giving rise to such impoundment ; provided further that , in the case of a vehicle impounded by order of a Renton Police Officer and held pursuant to police order, the fifteen days not not begin until forty- eight hours after the Renton Police Department shall have notified both the owner and the towing company in accordance with Section 10-17Q-5 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 pursuant to RCW 46 . 52 . 116 . No tow truck operator shall sell or otherwise dispose of an abandoned vehicle regardless of its age unless he has first complied with the provides of RCW 46 . 52 . 111 . Section 10-17/0 : Renton Police Department Record of Impound Vehicles . Renton 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; -7- P 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 ; F. Reason for impoundment, and the time, date and location the approved towing company took custody. Section 10-1711 : 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 Renton Police Department must : A. File its towing and storage rates with the Renton Police Department . B . Mail within twenty-four 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 ; C. Keep , and make available for Renton 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 identifi- cation 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 and promissory note document for all vehicles redeemed, signed by the redeeming person. 3. A copy of each monthly notarized claim for reimburse- ment for towing, storage and mailing costs . 4- I Y Section 10-1712 : Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION III: This ordinance shall be. effective upon its passage, approval and thirty days after publication. PASSED BY THE CITY COUNCIL this 23rd day of July 1984. Maxine E. Motor , City Clerk APPROVED BY THE MAYOR this 23rd day of July 1984 . &Abc#,qcj . %4L LrtaoLQ^ Barbara Y. 5hinpoch , Mayor Approved as to form: Lawrence J. -W r n, City, Attorney Date of Publication: July 27, 1984