Chapter 8.48
PARKING

Sections:

8.48.110  Application.

8.48.120  Regulations not exclusive.

8.48.125  Parking within 30 feet of private driveway prohibited.

8.48.130  Parking prohibited at all times on certain streets.

8.48.135  Angle parking required – Designation of affected streets.

8.48.137  Other than angle parking prohibited.

8.48.140  Parking prohibited during certain hours on certain streets.

8.48.145  Stopping, standing or parking prohibited during certain hours on certain streets.

8.48.150  Stopping, standing or parking prohibited during certain hours on certain streets.

8.48.155  Parking time limited on certain streets for certain time periods.

8.48.160  Parking time limited on certain streets.

8.48.161  Parking time limited for short-term parking for specific on-street parking stalls.

8.48.162  Moving vehicle to avoid limit.

8.48.165  Removal of chalk marks prohibited.

8.48.166  Motorcycle parking only.

8.48.167  Parking within spaces required.

8.48.168  Parking of unlicensed vehicle.

8.48.169  Parking for disabled persons.

8.48.170  Parking signs or other notice required.

8.48.175  Restriction of parking time on certain public property.

8.48.180  Overnight parking prohibited in residential areas.

8.48.190  Stopping, standing or parking prohibited along certain roadways.

8.48.200  Parking – Notice of violation.

8.48.210  Failure to respond to notice of parking infraction.

8.48.215  Parking infraction penalties.

8.48.220  Presumption in reference to illegal parking.

8.48.300  Pay parking lot defined.

8.48.320  Pay parking stall defined.

8.48.330  Monthly parking permits.

8.48.340  Permit required.

8.48.350  Overtime parking prohibited.

8.48.380  Designation of pay parking lots.

8.48.390  Placement of parking permits.

8.48.400  Reserved parking spaces.

8.48.410  Alteration prohibited.

8.48.500  Parking in fishing pier parking lot.

8.48.600  Authority to impound.

8.48.601  Impoundment defined.

8.48.602  Applicable state law adopted by reference.

8.48.603  Impound without prior notice.

8.48.604  Impound after notice.

8.48.605  How impoundment is to be effected.

8.48.606  Notice to owner.

8.48.607  Redemption of impounded vehicles.

8.48.608  Post-impound hearing procedure.

8.48.610  Contract for towing and storage.

8.48.611  Contract for towing and storage – Financial responsibility.

8.48.613  Record of impounded vehicles.

8.48.614  No impermissible regulation of consensual tows.

8.48.110 Application.

The provisions of ECC 8.48.110 through 8.48.170 prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. [Ord. 3564 § 1, 2005].

8.48.120 Regulations not exclusive.

The provisions of ECC 8.48.110 through 8.48.170 imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. [Ord. 3564 § 1, 2005].

8.48.125 Parking within 30 feet of private driveway prohibited.

The traffic engineer is authorized to prohibit parking within 30 feet on either side of private driveways entering onto any street. The “no parking zone” shall be designated by appropriate yellow markings on the curb on either side of the driveway. [Ord. 3564 § 1, 2005].

8.48.130 Parking prohibited at all times on certain streets.

When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described in ECC 8.64.030. [Ord. 3564 § 1, 2005].

8.48.135 Angle parking required – Designation of affected streets.

In accordance with the provisions of RCW 46.61.575(3) and 46.90.270(4), angle parking is permitted and required on the following streets in the designated areas and locations:

A. The west side of Sunset Avenue from Edmonds Street, north for a distance of 330 feet;

B. The north side of Bell Street from Fifth Avenue North, east for a distance of 150 feet; and

C. The south side of Bell Street from Fifth Avenue North, east for a distance of 150 feet. [Ord. 3564 § 1, 2005].

8.48.137 Other than angle parking prohibited.

When the city council by ordinance has designated that angle parking is required along any street or portion thereof, and when signs are erected in each block of said street or portion thereof, giving notice of such requirement, no person shall stop, stand or park any vehicle except in conformance with angle parking requirements and the markings established by the traffic engineer to regulate said parking. [Ord. 3564 § 1, 2005].

8.48.140 Parking prohibited during certain hours on certain streets.

When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified in ECC 8.64.040 on any day except Sundays and public holidays within the district or upon any of the streets described in ECC 8.64.040. “Public holidays” within the meaning of this section embrace only days for the observance of the following:

January 1st (New Year's Day); February 12th (Lincoln's Birthday); third Monday of February (Washington's Birthday); last Monday of May (Memorial Day); July 4th (anniversary of Declaration of Independence); first Monday of September (Labor Day); November 11th (Veteran's Day); fourth Thursday of November (Thanksgiving Day); and December 25th (Christmas Day).

If any of these public holidays falls upon any Sunday, the day next following such date shall be the holiday therefor. [Ord. 3564 § 1, 2005].

8.48.145 Stopping, standing or parking prohibited during certain hours on certain streets.

When signs are erected in each block giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified in ECC 8.64.045 on any Friday, Saturday or Sunday, or the day immediately preceding those public holidays set forth in ECC 8.48.140 or on public holidays as set forth in ECC 8.48.140 within the district or upon any of the streets described in ECC 8.64.045. [Ord. 3564 § 1, 2005].

8.48.150 Stopping, standing or parking prohibited during certain hours on certain streets.

A. When signs are erected in each block giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified in ECC 8.64.050(A) on any day except Saturdays, Sundays and the public holidays specified in ECC 8.48.140, within the district or upon any of the streets described in ECC 8.64.050(A).

B. When signs are erected in each block giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified in ECC 8.64.050(B) on any day whatsoever within the district or upon any of the streets described in ECC 8.64.050(B). [Ord. 3564 § 1, 2005].

8.48.155 Parking time limited on certain streets for certain time periods.

When signs are erected on any streets or roads or portions thereof giving notice of a limitation of a period of time for parking, no person shall stop, stand or park a vehicle for longer than the designated period of time prescribed, or between the hours designated in such sign or signs, if any, upon any of the roads or streets described in ECC 8.64.065. [Ord. 3564 § 1, 2005].

8.48.160 Parking time limited on certain streets.

When signs are erected in each block giving notice thereof, no person shall park a vehicle on the streets between the hours or on the days specified in ECC 8.64.060. [Ord. 3564 § 1, 2005].

8.48.161 Parking time limited for short-term parking for specific on-street parking stalls.

When signs are erected at each specific on-street parking stall giving notice thereof, no person shall park a vehicle on the streets any longer than the specified time limit as specified in ECC 8.64.068. Official city of Edmonds vehicles and service vehicles will be exempt from this time restriction. [Ord. 3564 § 1, 2005].

8.48.162 Moving vehicle to avoid limit.

No person shall move and repark a vehicle on either side of a street within the same block in order to avoid a parking time limit. A violation of this section constitutes a parking infraction subject to the penalties and processes of this chapter. [Ord. 3564 § 1, 2005].

8.48.165 Removal of chalk marks prohibited.

It is unlawful for any person to alter or remove a chalk mark placed upon a vehicle tire by a parking enforcement officer to monitor and enforce the parking time limits set forth in this chapter when the alteration or removal is intended to extend the period of parking time authorized. [Ord. 3564 § 1, 2005].

8.48.166 Motorcycle parking only.

The public works director is authorized to designate certain areas of any street, road or portion thereof for motorcycle parking exclusively. When signs are erected on any street or road or portion thereof giving notice of parking exclusively for motorcycles, no person shall stop, stand or park any other type of vehicle thereon. [Ord. 3667 § 1, 2007].

8.48.167 Parking within spaces required.

No person shall park a vehicle such that it occupies more than one marked parking space within the limited parking areas set forth in ECC 8.48.160. [Ord. 3564 § 1, 2005].

8.48.168 Parking of unlicensed vehicle.

A. No person shall stop, stand or park a vehicle on a publicly maintained street, highway, alley or public property within the city limits of Edmonds unless such vehicle possesses a proper and current vehicle license plate or plates, and such plate or plates are properly mounted on the vehicle in accordance with the State of Washington Department of Licensing rules and regulations.

B. Penalty. Any violation of this section shall be an infraction and punishable by a monetary penalty as provided under ECC 8.48.215. [Ord. 3564 § 1, 2005].

8.48.169 Parking for disabled persons.

A. A person who has received a current and valid special disabled person's card, decal or license plate from the Washington State Department of Licensing under RCW 46.16.381 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (B) of this section. This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be permitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46.16.381.

B. No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on-street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46.16.381; provided, pursuant to RCW 46.16.381 a time limitation of four hours is imposed on the use of such parking spaces for on-street parking when so signed and a time restriction of four hours is imposed on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards when such time restriction is clearly posted.

C. A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581 including fine, time limitation (if applicable), and tow-away information. Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infraction.

D. No person shall make inaccessible the access aisle located next to a space reserved for physically disabled persons.

E. Notwithstanding any provision in this chapter, the city's police department is authorized to appoint volunteers, with a limited commission, to issue notices of infractions for violations of the city's disabled parking regulations. Volunteers must be at least 21 years of age and meet such additional qualifications as established by the city's police department. A notice of infraction issued by a volunteer appointed under this section has the same force and effect as a notice of infraction issued by police officers and parking enforcement officers for a violation of the city's disabled parking regulations.

F. The following on-street parking stalls are designated as parking for disabled persons only:

1. The south side of James Street, 160 feet west of Sunset Avenue;

2. The west side of Railroad Avenue, 45 feet south of Main Street;

3. The west side of Second Avenue South, 102 feet south of James Street;

4. The west side of Fifth Avenue North, 85 feet south of Bell Street;

5. The west side of Sixth Avenue North, 40 feet north of Bell Street;

6. The west side of Seventh Avenue North, four stalls, 165 feet south of Sprague Street;

7. The north side of Main Street, two stalls, directly in front of Francis Anderson Center main entry;

8. The north side of Dayton Street, directly across from 720 Dayton;

9. The west side of Fifth Avenue, 30 feet south of Howell Way;

10. The west side of Second Avenue South, 32 feet south of Main Street;

11. The east side of Third Avenue South, 110 feet south of Main Street;

12. The west side of Fourth Avenue South, 95 feet south of Main Street;

13. The north side of Bell Street, 34 feet west of Fourth Avenue North;

14. The northbound Sixth Avenue, directly across from 411 Sixth Avenue, 16 feet south of alley;

15. The westbound Edmonds Street, 30 feet west of Third Avenue North; and

16. The south side of Main Street, directly in front of 414 Main Street. [Ord. 3564 § 1, 2005].

8.48.170 Parking signs or other notice required.

Whenever by this title or any other ordinance of this city any parking time limit is imposed or parking prohibited on designated streets, it shall be the duty of the city traffic engineer to erect appropriate signs giving notice thereof; provided, however, that the city traffic engineer may designate such no parking zone by painting the curb yellow, in lieu of or in addition to posting no parking signs. The words “no parking” may also be painted on such yellow curb. No regulations imposing parking time limits or prohibiting parking shall be effective unless the signs and/or curb markings authorized herein are in place at the time of any alleged infraction. The words “Tow Away Zone” shall be added to signs in areas where impoundment is authorized under this chapter. [Ord. 3564 § 1, 2005].

8.48.175 Restriction of parking time on certain public property.

When parking signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than the posted time limit at the following listed public properties within the city:

A. Public property adjacent to the west side of the area known as Olympic View Drive, at 18200 Olympic View Drive.

B. Public Safety Building parking lot on the northeast corner of 5th Avenue North and Bell Street, except for emergency vehicles and juror parking. [Ord. 3667 § 2, 2007; Ord. 3564 § 1, 2005].

8.48.180 Overnight parking prohibited in residential areas.

It is unlawful and a violation of the traffic code to park or otherwise leave overnight, or between the hours of one minute after 12:00 midnight and 6:00 a.m., on any street or highway in the city of Edmonds within or abutting an area classified as residential (RS, RD, RML, or RMH) or open space (OS) by the official zoning ordinance the following types of trailers and/or vehicles:

A. All types of trailers designed to be drawn by a motor vehicle including but not limited to boat trailers, trailer homes and mobile homes; and

B. Vehicles over 10,000 pounds licensed gross vehicle weight, the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, vehicles, passengers for hire, or which are used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes.

It is not necessary that restricted parking or other traffic signs be erected for the purpose of enforcing this section. [Ord. 3564 § 1, 2005].

8.48.190 Stopping, standing or parking prohibited along certain roadways.

A. Except as otherwise permitted by the Edmonds City Code, no person may stop, park or leave standing any vehicle, whether attended or unattended, upon any paved portion of an uncurbed street.

B. Except as otherwise permitted by the Edmonds City Code, no person may stop, park or leave standing any vehicle, whether attended or unattended, upon any paved portion of a curbed street in the following manner:

1. Upon street lanes, when such action reduces the street lane width to less than 10 feet for vehicles traveling in the same direction; or

2. Upon cul-de-sacs, when such action reduces the radius of the cul-de-sac to less than 35 feet. [Ord. 3564 § 1, 2005].

8.48.200 Parking – Notice of violation.

A. Whenever any motor vehicle without an operator is found parked, standing or stopped in violation of any of the parking regulations or time limits of this title, the officer finding it shall complete a notice of parking violation and affix the same in a conspicuous place on the motor vehicle.

B. The notice of parking violation shall be in a form approved by the chief of police and shall advise the operator to answer the charges against him within seven days at a place and manner specified in the notice. The notice of parking infraction shall be filed in the traffic violations bureau no later than 48 hours after issuance.

C. If a violator of any provision of this title regulating stopping, standing or parking does not answer to the charges set forth in the notice of parking violation affixed to such motor vehicle within a period of seven days, the chief of police shall send to the owner of the motor vehicle to which the notice was affixed a letter informing him of the violation warning him that in the event such letter is disregarded for a period of seven days, a criminal complaint will be filed and a summons to appear or a warrant for arrest may be issued. [Ord. 3564 § 1, 2005].

8.48.210 Failure to respond to notice of parking infraction.

RCW 46.64.020 is hereby adopted by this reference as if set forth in full herein. Pursuant to such statute and this chapter, any person who has been issued a notice of parking infraction and who willfully fails to respond as provided in this chapter shall be guilty of a misdemeanor regardless of the disposition of the notice of parking infraction. [Ord. 3564 § 1, 2005].

8.48.215 Parking infraction penalties.

A. Any person who commits a parking infraction shall be assessed the following civil penalty, unless otherwise provided herein:

1. All parking infractions, whether on public streets or within lots, except as detailed in subsection (A)(2) of this section: $40.00;

2. Unauthorized handicapped zone parking: $250.00.

B. All persons who have committed a parking infraction and are issued a notice of infraction for a violation of subsection (A)(1) of this section shall be assessed a reduced fine of $20.00 for that violation if:

1. It is their first violation; and

2. The individual pays the penalty within 24 hours of the issuance of the notice of infraction.

C. Repeat Violations Within One Calendar Year.

1. For persons who commit repeated parking violations within one calendar year, there shall be no opportunity for reduction and the penalty shall stand as stated in subsection (A) of this section regardless of when the penalty is paid; provided, however, that nothing herein shall be interpreted to prohibit the court from imposing additional penalties and costs for late payment.

2. After the second violation, the penalty listed in subsection (A) of this section, with the exception of subsection (A)(2) of this section, shall be increased to $40.00 with no reduction. After the third violation, the penalty listed in subsection (A) of this section shall be increased to $80.00 and all subsequent violations within one calendar year shall pay a civil penalty equal to $160.00 per violation.

3. Each subsequent violation of the posted period of parking time constitutes another violation. Calculation of the new period of parking time begins immediately after a notice of infraction has been issued.

4. Any person who remains free of parking infractions for one calendar year shall revert to the base fine set forth in subsection (A) of this section to the end that, after a one-year period free of violation, the offense shall be considered a first offense and subject to reduction as provided above if paid within 24 hours.

D. Any person who commits a parking infraction, and who fails to respond to the notice of that infraction within 15 days of its issuance, shall be assessed twice the civil penalty for such infraction as is set forth in subsections (A) and (B) of this section. Such penalty shall be in addition to any other penalties or fines imposed for failure to respond to a notice of parking infraction.

E. “Person” as used in this section shall refer to the registered owner of the vehicle found to be in violation of the parking provisions of this chapter. [Ord. 3653 § 1, 2007; Ord. 3564 § 1, 2005].

8.48.220 Presumption in reference to illegal parking.

A. In any prosecution for a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

B. The foregoing stated presumption shall apply only when the procedure as prescribed in ECC 8.48.200 has been followed. [Ord. 3564 § 1, 2005].

8.48.300 Pay parking lot defined.

For the purposes of this chapter, “pay parking lot” means any parking lot owned or operated by the city of Edmonds which is designated by appropriate signs as a pay parking lot. [Ord. 3564 § 1, 2005].

 

8.48.320 Pay parking stall defined.

As used in this chapter, “pay parking stall” means a space in a pay parking lot designated by appropriate markings as a parking space. [Ord. 3564 § 1, 2005].

8.48.330 Monthly parking permits.

Monthly parking permits shall be obtained from the city clerk upon payment of the applicable fee. The monthly fee for the public parking lot located near the intersection of Fourth Avenue and Main Street known as “the Fourth Avenue lot” shall be $100.00 per space. The permit shall contain a permit number and the expiration date when issued by the city clerk. The monthly parking permit shall authorize a vehicle to park in a pay parking lot space in accordance with the following provisions:

A. Permits issued on the first day of each month, for the one-month period ending on the expiration date set forth on the permit; or

B. Individual monthly parking permits, for a 30-day period ending on the expiration date set forth on the permit. [Ord. 3704 § 1, 2008; Ord. 3564 § 1, 2005].

8.48.340 Permit required.

No person shall park a vehicle in a pay parking stall unless a monthly parking permit is obtained from the city clerk and the monthly parking permit is placed on the windshield of the vehicle on the passenger side. [Ord. 3564 § 1, 2005].

8.48.350 Overtime parking prohibited.

No person shall park a vehicle in a pay parking space for a period of time longer than the period authorized by the monthly parking permit as specified in this chapter.

Each subsequent two-hour period of time lapsing following affixing of a notice of overtime parking to a vehicle shall constitute a further violation of this section. [Ord. 3564 § 1, 2005].

8.48.380 Designation of pay parking lots.

The superintendent of public works is authorized to designate pay parking lots, designate certain pay parking stalls for monthly parking permit only, and erect suitable signs advising the public of the requirements of purchasing monthly parking permits from the city clerk. [Ord. 3564 § 1, 2005].

8.48.390 Placement of parking permits.

Monthly parking permits shall be valid only when placed on the windshield of the vehicle on the passenger side. Failure to place a monthly parking permit in the manner specified in this section shall invalidate the authorization to park for the time otherwise designated on the parking permit. [Ord. 3564 § 1, 2005].

8.48.400 Reserved parking spaces.

Vehicles displaying valid monthly parking permits shall be entitled to park in pay parking stalls specially designated by the superintendent of public works for permit parking only.

No person shall park a vehicle in a pay parking stall specially designated for permit parking only unless a valid monthly parking permit is displayed as set forth in this chapter. [Ord. 3564 § 1, 2005].

8.48.410 Alteration prohibited.

It is unlawful for any person to alter a monthly parking permit in any way, such as to extend the period of parking time authorized, or to place a fictitious monthly parking permit in place of or as a substitute for a monthly parking permit as specified in this chapter. [Ord. 3564 § 1, 2005].

8.48.500 Parking in fishing pier parking lot.

A. “Fishing pier parking lot” means that parking lot owned jointly by the city of Edmonds and the port of Edmonds and located immediately adjacent to the Edmonds fishing pier at the western end of Dayton Street, on Railroad Avenue in the Edmonds waterfront district.

B. Except when parking is prohibited during the hours specified in subsection (C) of this section, no person shall park an automobile in excess of three consecutive hours in the fishing pier parking lot; provided, however, that vehicles displaying a valid permit issued by the city to the senior center staff shall be exempt from this three-hour restriction.

C. When signs are erected giving notice thereof, no person shall park a vehicle in the fishing pier parking lot on Friday of each week between the hours of 4:00 a.m. and 7:00 a.m. Vehicles displaying a valid senior center staff permit are not exempt from this requirement.

D. Any vehicle parked in violation of this section may be towed from the fishing pier parking lot when signs are posted in a conspicuous location within the fishing pier parking lot giving the name of the agency at whose direction vehicles are towed for violation of this section and the phone number and address where information regarding the recovery of such vehicles may be obtained. The owner of any vehicle towed from the fishing pier parking lot for violation of this section shall be liable for the entire cost of such towing. Neither the city of Edmonds, nor any of its agents, shall be liable for any damage to any vehicle towed pursuant to this section.

E. Violation of the subsections of this section shall constitute a parking infraction punishable as set forth in ECC 8.48.215. [Ord. 3593 § 1, 2006; Ord. 3564 § 1, 2005].

8.48.600 Authority to impound.

The Edmonds police department is hereby authorized to impound vehicles parked in violation of this chapter; provided, that proper notice is given pursuant to ECC 8.48.170 or 8.48.604. The police department is authorized to impound vehicles without notice as provided under ECC 8.48.603. [Ord. 3564 § 1, 2005].

8.48.601 Impoundment defined.

“Impoundment” means removal of a vehicle to a storage facility either by an officer or authorized agent of the Edmonds police department or by a contractor for towing and storage in response to a request from an officer or authorized agent of the Edmonds police department. [Ord. 3564 § 1, 2005].

8.48.602 Applicable state law adopted by reference.

All applicable provisions of Chapter 46.55 RCW*, as now or hereafter amended, are hereby incorporated into this chapter by this reference. In the event that any provision of this chapter may conflict with any provision of Chapter 46.55 RCW or other applicable state law, the state law provision will control. [Ord. 3564 § 1, 2005].

*Code reviser's note: A true and correct copy of Chapter 46.55 RCW is attached as Exhibit A to Ordinance 3364, which is on file in the office of the city clerk.

8.48.603 Impound without prior notice.

A. A vehicle may be impounded with or without citation and without giving prior notice to its owner as otherwise required by this chapter under the following circumstances:

1. When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or

2. When the vehicle is illegally occupying a truck, commercial load, bus, loading, or other similar zone where, by order of the director of engineering or chiefs of police or fire, parking is limited to designated classes of vehicles or is prohibited during certain hours, or designated days, or at all times, and where such vehicle is interfering with the proper and intended use of such zones; or

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 RCW 46.16.381, as now or hereafter amended, is parked in a stall or space clearly and conspicuously marked as being reserved for disabled persons, whether the space is located on private property without charge or on public property; or

4. When the vehicle poses an immediate danger to public safety; or

5. When a police officer has probable cause to believe that the vehicle is stolen; or

6. When a police officer has probable cause to believe that the vehicle constitutes or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or preserve the evidence.

B. Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required by law. [Ord. 3564 § 1, 2005].

8.48.604 Impound after notice.

A. A vehicle not subject to impoundment under ECC 8.48.603 may be impounded after notice of the proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of 24 hours prior to such impoundment for the following reasons:

1. When such vehicle is parked in violation of any law, ordinance, or regulation; or

2. 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 a manner directed by any law enforcement officer.

B. The provisions of this section shall not apply to vehicles impounded under ECC 8.50.030 and 8.50.040. [Ord. 3564 § 1, 2005].

8.48.605 How impoundment is to be effected.

When impoundment is authorized by this chapter, a vehicle may be impounded either by an officer or authorized agent of the police department, or by a contractor for towing and storage services acting at the request of an officer or authorized agent of the police department, and in accordance with a city contract. [Ord. 3564 § 1, 2005].

8.48.606 Notice to owner.

A. Not more than 24 hours after impoundment of any vehicle, the towing contractor shall mail a notice by first class mail to the last known and legal owners of the vehicle, as may be disclosed by the vehicle identification number, and as provided by the Washington State Department of Licensing. The notice shall contain the full particulars of the impoundment, procedures for redemption, a copy of the invoice for towing and storage, an opportunity for a hearing to contest the propriety of the impoundment, and a form to be submitted for requesting such a hearing.

B. Similar notice shall be given to each person who seeks to redeem an impounded vehicle except that if a vehicle is redeemed prior to the mailing of notice, then such notice need not be mailed.

C. The Edmonds police department shall give written notification to the vehicle's last registered and legal owner that an 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 or in writing, of the authorization to release such vehicle. [Ord. 3564 § 1, 2005].

8.48.607 Redemption of impounded vehicles.

Vehicles impounded by the city pursuant to this chapter shall be redeemed only under the following circumstances:

A. An impounded vehicle may be redeemed only by the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified to have the permission of the registered owner of the vehicle, or one who has purchased a vehicle from the registered owner and who produces either proof of ownership or written authorization and signs a receipt therefor.

B. Any person redeeming a vehicle properly impounded by the city shall pay the towing contractor for the costs of impoundment (removal, towing and storage) prior to redeeming such vehicle. The towing contractor shall accept payment as provided in RCW 46.55.120, as now or hereafter amended.

C. Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a municipal court hearing to contest the validity of the impoundment or the amount of towing and storage charges imposed. Any such request for hearing must be in writing, in a form approved by the municipal court and signed by such person, and received by the municipal court within 10 days after the requesting person received notice of the impound and opportunity for a hearing. Such hearing shall be provided as follows:

1. The court, within five days after receiving the request for a hearing, shall, in writing, notify the towing contractor, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle, and the person or agency authorizing the impound of the hearing date and time.

2. If all the requirements to redeem the vehicle have been satisfied, the impounded vehicle shall be released to such person immediately, and a hearing as provided for in ECC 8.48.608 shall be held within 90 days of the written request for a hearing.

3. If all the requirements to redeem the vehicle have not been satisfied, the impounded vehicle shall not be released to such person until after the hearing provided pursuant to ECC 8.48.608. Such person shall have the right to a hearing within seven business days (Monday through Friday, excluding court holidays) of the court's receipt of the written request for a hearing.

4. Any person seeking a hearing who has failed to request such hearing within 10 days of receiving notice of the opportunity therefor shall be deemed to have waived the right to a hearing, and the registered owner of the impounded vehicle shall be liable for any towing and storage fees incurred in relation to the vehicle.

5. Redemption of vehicles impounded for violations of driving with an invalidated license shall be as provided under RCW 46.55.120. [Ord. 3564 § 1, 2005].

8.48.608 Post-impound hearing procedure.

Hearings requested pursuant to ECC 8.48.607 shall be held in the Edmonds municipal court, which court shall determine whether the impoundment was proper and whether the associated removal, towing and storage fees charged were proper.

A. At the hearing, the person requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were improper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance 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 in fact convicted of each offense listed 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 court shall enter an order so stating. In the event that the costs of impoundment (removal, towing and storage fees) have not been paid, the court's order shall provide that the impounded vehicle shall be released only after payment to the city of any fines imposed on the underlying citation and the costs of impoundment to the towing company, as well as payment of all court costs associated with the hearing. In the event that the court grants time payments, the city shall ensure that the costs of impoundment are ultimately paid to the towing company. The court shall grant time payments only upon a showing of extreme financial need, and where there is an effective guaranty of payment.

C. If the impoundment is determined to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. The court shall order that the registered and legal owner of the vehicle shall bear no impoundment, towing, or storage fees, and that the city shall be liable for any such fees. The court shall enter judgment in favor of the towing contractor against the city for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owner of the vehicle and against the city for the amount of the filing fee for the impound hearing petition as well as reasonable damages for loss of use for the vehicle during the time it was impounded. Said loss of use damages shall not be less than $50.00 per day.

D. In the event that the court finds that the impoundment was proper but that the removal, towing and storage fees charged for the impoundment were improper, the court shall determine the correct fees to be charged. If the costs of impoundment have been paid, the court 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 any subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution. [Ord. 3564 § 1, 2005].

8.48.610 Contract for towing and storage.

A. The finance director is authorized to prepare specifications for towing and storage of vehicles, including instructions to bidders, containing such provisions as the director shall deem advisable and not in conflict with this chapter. The specifications shall be subject to the review and approval of the budget director and the approval of the city council by resolution passed for such purpose.

B. In lieu of the individual bidding process authorized under subsection (A) of this section, the city may, at its discretion, establish a rotational list of contractors to provide towing services. Said alternative process may proceed either according to contract specifications developed by the director or pursuant to an existing bidding and contractual arrangement utilized by another municipality with which the city has entered into an interlocal agreement providing for the reciprocal use of each jurisdiction's bids for services. [Ord. 3564 § 1, 2005].

8.48.611 Contract for towing and storage – Financial responsibility.

Any contract for towing and storage under the provisions of this chapter shall require the contractor to demonstrate proof of financial responsibility for any liability which the city may have as a result of any negligence, willful conduct, or breach of contract by the contractor, and for any damage which the owner of an impounded vehicle may sustain as a result of damage to or loss of the vehicle. Proof of financial responsibility shall be furnished either by proof of insurance, filing a surety bond and/or by depositing cash in such amounts as the finance director shall determine necessary. [Ord. 3564 § 1, 2005].

8.48.613 Record of impounded vehicles.

A. The police department shall keep, and make available for public inspection, a record of all vehicles impounded under the provisions of this chapter. The record shall include, but is not necessarily limited to, the following information:

1. Manufacturer's trade name or make;

2. Vehicle license number and state of registration;

3. Vehicle identification number;

4. Such other descriptive information as the chief of police deems useful for purposes of vehicle identification;

5. Basis for impoundment, including reference to the appropriate section or sections of this chapter; and

6. Disposition of the vehicle and date of disposition.

B. The police department shall furnish to the towing contractor, upon request, the name of the registered owner of any vehicle impounded by such contractor pursuant to this chapter. [Ord. 3564 § 1, 2005].

8.48.614 No impermissible regulation of consensual tows.

The provisions of this chapter that establish requirements and performance standards for tow contractors are limited in effect to those contractors operating pursuant to an agreement with the city to provide nonconsensual, rather than consensual, tows. Nothing in this chapter shall be construed as an attempt by the city to regulate, in violation of any applicable federal or state law, the service or route of towing contractors in providing consensual tows. [Ord. 3564 § 1, 2005].