Chapter 10.04
ADMINISTRATION AND ENFORCEMENT
Sections:
10.04.010 Repealed.
10.04.020 Authority to direct traffic.
10.04.030 Repealed.
10.04.040 Model Traffic Ordinance adopted by reference.
10.04.045 MTO sections not adopted.
10.04.050 Statutes regarding traffic-control devices.
10.04.060 Statutes regarding limited access highway facilities.
10.04.070 Statute regarding disabled veterans’ license plates.
10.04.080 Statute regarding commercial vehicles.
10.04.090 Statute regarding impoundment of vehicle of person patronizing a prostitute.
10.04.300 Impoundment of vehicle where driver is arrested for a violation of RCW 9.68A.100, 9A.88.110, 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504 – Period of impoundment.
10.04.310 Redemption of impounded vehicles.
10.04.320 Post-impoundment hearing procedure.
10.04.010 Enforcement authority.
Repealed by Ord. 1096. (Ord. 555 § 1(a), 1980).
10.04.020 Authority to direct traffic.
Police officers, firefighters when responding to a fire, emergency aid, accident or other emergency situation, and flagmen directing traffic for persons lawfully working in street rights-of-way, are hereby authorized to direct traffic in such manner as necessary to protect the public health and safety, traffic laws notwithstanding. (Ord. 1096 § 3, 1991; Ord. 555 § 1(b), 1980).
10.04.030 Authority of fire department to direct traffic.
Repealed by Ord. 1096. (Ord. 555 § 1(c), 1980).
10.04.040 Model Traffic Ordinance adopted by reference.
The Washington Model Traffic Ordinance as set forth in Chapter 308-330 WAC is hereby adopted by reference, except for those provisions referenced in FMC 10.04.045. (Ord. 1245 § 1, 1996; Ord. 1180 § 6, 1994; Ord. 1176 §§ 1, 2, 3, 1994; Ord. 1097 § 1, 1991; Ord. 1035 § 10, 1990; Ord. 1017 § 1, 1990; Ord. 969 § 1, 1988; Ord. 892 § 1, 1986; Ord. 846 § 1, 1986; Ord. 777 § 1, 1984; Ord. 751 § 1, 1984; Ord. 709 § 1, 1983; Ord. 690 § 1, 1982; Ord. 660 § 1, 1982; Ord. 581 § 1, 1980; Ord. 555 § 28, 1980).
10.04.045 MTO sections not adopted.
The following sections of the Model Traffic Ordinance as set forth in Chapter 308-330 WAC are not adopted by reference and are expressly deleted:
WAC
308-330-200 308-330-230 308-330-235
308-330-240 308-330-245 308-330-250
308-330-260 308-330-265 308-330-270
308-330-275 308-330-327 308-330-406
308-330-469 308-330-505 308-330-510
308-330-515 308-330-520 308-330-525
308-330-530 308-330-535 308-330-540
308-330-600 308-330-620 308-330-630
308-330-640 308-330-660
(Ord. 1245 § 2, 1996).
10.04.050 Statutes regarding traffic-control devices.
The following sections of the Revised Code of Washington regarding traffic-control devices are hereby adopted by reference:
RCW
47.36.110 47.36.130 47.36.180
47.36.200 47.36.210 47.36.220
47.36.230 47.36.250 47.52.200
Provided, that any action commenced under a previous codification of the statute adopted herein shall not be affected by this recodification, but shall remain in full force and effect. (Ord. 1040 § 1, 1990; Ord. 1035 § 11, 1990).
10.04.060 Statutes regarding limited access highway facilities.
The following sections of the Revised Code of Washington regarding limited access highway facilities are hereby adopted by reference as though fully set forth herein; provided, this recodification of any statute previously adopted by reference shall have no affect upon any action commenced under a prior codification. Rather, the action shall remain in full force and effect.
RCW
47.52.120 47.52.200
(Ord. 1035 § 12, 1990).
10.04.070 Statute regarding disabled veterans’ license plates.
RCW 73.04.110 regarding disabled veterans’ license plates is hereby adopted by reference as though fully set forth herein. (Ord. 1035 § 13, 1990).
10.04.080 Statute regarding commercial vehicles.
Statutes Regarding Commercial Vehicles Adopted by Reference. Pursuant to the authority contained in RCW 35A.12.140, the following sections of the Washington Administrative Code are hereby adopted by reference:
WAC
173-303-950 173-304-190 204-24-050
204-44-010 204-44-020 204-90-040
204-91A-180 308-96A-295 446-65-005
446-65-010 446-65-020 468-38-100
468-38-140 468-38-180 468-38-190
468-38-230 468-38-260 468-38-310
468-38-340 468-38-390 480-14-070
480-14-100 480-14-110 480-14-300
480-14-320 480-14-340 480-14-360
480-14-370 480-14-380 480-14-390
480-14-400 480-30-030 480-30-090
480-30-095 480-30-097 480-30-100
480-31-999
(Ord. 1498-03 § 1, 2003; Ord. 1180 § 7, 1994; Ord. 1035 § 14, 1990).
10.04.090 Statute regarding impoundment of vehicle of person patronizing a prostitute.
RCW 9A.88.140 is hereby adopted by reference. (Ord. 1378 § 1, 2000).
10.04.300 Impoundment of vehicle where driver is arrested for a violation of RCW 9.68A.100, 9A.88.110, 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504 – Period of impoundment.
A. Whenever the driver of a vehicle is arrested or cited for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504, the vehicle is subject to impoundment at the direction of a police officer. Upon an arrest for a suspected violation of either RCW 9.68A.100 or 9A.88.110 where a motor vehicle was used in the commission of that crime, if the person arrested is the owner of the vehicle and the person has previously been convicted under either statute, the police officer will impound the vehicle.
B. Whenever the driver of a vehicle is arrested or cited for a violation of RCW 46.20.005, 46.20.015, 46.20.420, 46.61.502, 46.61.504, or 46.20.342(1)(c) and the driver has not been convicted one or more times of a violation of RCW 46.20.342 or similar local ordinance within the past five years, then the vehicle may be released as soon as all the requirements of FMC 10.04.310(A) are satisfied.
C. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle shall be impounded for 15 days.
D. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing’s records show that the driver has been convicted two or more times of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle shall be impounded for 30 days.
E. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has not been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance within the past five years, the vehicle shall be impounded for 30 days.
F. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance once within the past five years, the vehicle shall be impounded for 60 days.
G. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance two or more times within the past five years, the vehicle shall be impounded for 90 days.
H. If a vehicle is impounded because the driver is arrested for a suspected repeat violation of either RCW 9.68A.100 or 9A.88.110, the vehicle may be impounded for up to 30 days. (Ord. 1378 §§ 2, 3, 4, 2000; Ord. 1332 § 1, 1998).
10.04.310 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 the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to FMC 10.04.300 must, prior to redemption, establish that he or she has a valid driver’s license and is in compliance with RCW 46.30.020. A vehicle impounded pursuant to FMC 10.04.300(C) through (H) can be released only pursuant to a written order from the court.
B. Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for costs of impoundment removal, towing and storage prior to redeeming such vehicle, except as provided for by subsection (C) of this section. Such towing contractor shall accept payment as provided in RCW 46.55.120(1)(b) as now or hereafter amended. If the vehicle was impounded pursuant to FMC 10.04.300 and was being operated by the registered owner when it was impounded, it may not be released to any person until all penalties, fines or forfeitures owed by the registered owner have been satisfied.
C. The Fife municipal court is authorized to release a vehicle impounded pursuant to FMC 10.04.300(C) through (G) prior to the expiration of any period of impoundment upon petition of the spouse of the driver based on economic or personal hardship to such spouse resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from release of the vehicle including, but not limited to, the driver’s criminal history, driving record, license status, and access to the vehicle. If such release is authorized, the person redeeming the vehicle still must satisfy the requirements of subsections (A) and (B) of this section.
D. 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 an impoundment or the amount of removal, towing, and storage charges if such request for hearing is in writing, in a form approved by the Fife municipal court and signed by such person, and is received by the Fife municipal court within 10 days (including Saturdays, Sundays and holidays) of the date the notice was given to such person by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:
1. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under FMC 10.04.300, have been satisfied, then the impounded vehicle shall be released immediately and a hearing as provided in FMC 10.04.320 shall be held within 90 days of the written request for hearing.
2. If not all of the requirements to redeem the vehicle, including expiration of any period of impoundment under FMC 10.04.300, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to FMC 10.04.320, which shall be held within five business days (excluding Saturdays, Sundays and holidays) of the written request to the court for hearing.
3. Any person seeking a hearing who has failed to request such hearing within the time specified in subsection (D) of this section may petition the Fife municipal court for an extension of time to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, good cause shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.
4. If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and the city shall not be liable for removal, towing, and storage charges arising from the impoundment. (Ord. 1378 § 5, 1999; Ord. 1332 § 2, 1998).
10.04.320 Post-impoundment hearing procedure.
Hearings requested pursuant to FMC 10.04.310 shall be held in the Fife municipal court, which court shall determine whether the impoundment was proper and whether the associated removal, towing, and/or storage fees were proper.
A. At the hearing, an abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.
B. 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 have not been paid or any other applicable requirements of FMC 10.04.310(A) and (B) have not been satisfied or any period of impoundment under FMC 10.04.300 has not expired, the court’s order shall also provide that the impounded vehicle shall be released only after payment to the city of any fines imposed on any underlying traffic or parking infraction and satisfaction of any other applicable requirements of FMC 10.04.310(A) and (B).
C. If the impoundment is found to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the court shall enter judgment against the city and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment.
D. In the event that the court finds that the impound was proper, but that the removal, towing, 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 a subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution.
F. As to any impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420, if it is determined to be improper, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license. (Ord. 1332 § 3, 1998).