Title 9
VEHICLES AND TRAFFIC¹

Chapters:

9.05 Traffic Code

9.10 Repealed

9.15 Miscellaneous Driving Regulations

9.20 Vehicle Impoundment and Redemption

9.25 Vehicle Impoundment Upon Arrest of Driver for Driving While License Suspended or Revoked

9.30 Mandatory Helmet Requirements

Chapter 9.05
TRAFFIC CODE

Sections:

9.05.010 Repealed.

9.05.011 Adoption of Model Traffic Ordinance (after July 1, 1994).

9.05.015 Additional code sections adopted by reference.

9.05.016 Repealed.

9.05.020 Repealed.

9.05.030 Repealed.

9.05.040 Repealed.

9.05.050 Commercial parking prohibited.

9.05.060 Parking wide vehicles on certain streets.

9.05.062 Repealed.

9.05.065 Interference with postal service.

9.05.070 Pedestrian obstruction of traffic.

9.05.080 Parking a motor vehicle on the roadway or in a manner which impedes traffic – Exceptions.

9.05.090 Parking restrictions – Authority to identify restrictive zones.

9.05.010 Adoption of the Model Traffic Ordinance.

Repealed by Ord. 94-1021. (Ord. 90-1030 § 1)

9.05.011 Adoption of Model Traffic Ordinance (after July 1, 1994).

The “Washington Model Traffic Ordinance”, as set forth in Chapter 308-330 WAC, is adopted by reference as the traffic ordinances of the City of SeaTac, as set forth in full. (Ord. 94-1021 § 1)

9.05.015 Additional code sections adopted by reference.

The following sections of Title 46 of the Revised Code of Washington, as currently enacted and as may be amended in the future, not having been included in the MTO, are hereby adopted by reference into the SeaTac Traffic Code:

46.09.030 Use permits – Issuance – Fees.

46.09.040 Use permit prerequisite to operation.

46.09.050 Vehicles exempted from ORV use permits and tags.

46.09.070 Application for ORV use permit.

46.09.080 ORV dealers – Permits – Fees – Number plates – Title application – Violations.

46.09.110 Disposition of ORV moneys.

46.09.150 Motor vehicle fuel excise taxes on fuel for nonhighway vehicles not refundable.

46.09.170 Refunds from motor vehicle fund – Distribution – Use.

46.09.200 Enforcement.

46.10.030 Ownership or operation of snowmobiles without registration prohibited – exceptions.

46.10.050 Snowmobile dealers’ registration – Fee – Dealer number plates, use – Sale or demonstration unlawful without registration.

46.20.205 Failure to notify DOL of address change.

46.20.720 Ignition interlocks, biological, technical devices – Drivers convicted of alcohol offenses.

46.20.730 Ignition interlock device – Definition.

46.29.620 Forge proof of financial responsibility – Penalty.

46.61.5056 Alcohol violators – Information school – Evaluation and treatment.

46.70.090 Unlawful/improper use of dealer license plates.

46.80.020 Wrecker license required – Penalty.

(Ord. 96-1013 § 1: Ord. 94-1027 § 2; Ord. 93-1011 § 1)

9.05.016 Adoption of additional code sections by reference pending inclusion in MTO.

Repealed by Ord. 96-1013. (Ord. 94-1027 § 1)

9.05.020 Certain sections deleted.

Repealed by Ord. 94-1021. (Ord. 90-1030 § 2)

9.05.030 Speed limit revisions.

Repealed by Ord. 96-1013. (Ord. 95-1012 § 1: Ord. 94-1021 § 3; Ord. 90-1030 § 3)

9.05.040 Decrease of State law maximum speed.

Repealed by Ord. 96-1013. (Ord. 94-1021 § 3; Ord. 90-1030 § 4)

9.05.050 Commercial parking prohibited.

No person shall park a commercial vehicle which is more than eighty (80) inches wide overall on any street or alley in residentially zoned areas between the hours of midnight and six a.m. (Ord. 96-1013 § 4: Ord. 94-1021 § 4; Ord. 90-1030 § 5)

9.05.060 Parking wide vehicles on certain streets.

It is a traffic infraction for any person to park any vehicle as defined in RCW 46.04.670 which is ninety (90) inches wide or wider on or along any City street, road, alley or right-of-way other than 12th Place South between 16th Avenue South and 12th Avenue South, 12th Avenue South between 12th Place South and South 192nd Street, South 192nd Street between 12th Avenue South and 16th Avenue South, and 16th Avenue South between South 192nd Street and 12th Place South; provided, that this section shall not apply to momentary stops and parking for loading, unloading and making deliveries to residences and businesses in the vicinity, or instances when an emergency exists and the vehicle is parked no longer than necessary. It is further provided that this section shall not be construed to grant any person a right to park any vehicle in any location in the City, and this section does not relieve the driver or operator of any vehicle of the responsibility to park a vehicle in a safe manner and in accordance with applicable traffic codes. (Ord. 96-1013 § 4: Ord. 92-1054 § 1)

9.05.062 Penalty for violation of disabled parking spaces.

Repealed by Ord. 96-1013. (Ord. 95-1015 § 1; Ord. 94-1037 § 1; Ord. 93-1011 § 2)

9.05.065 Interference with postal service.

A. It shall be unlawful for any person to park any vehicle in front of, adjacent or in such proximity to any mail box, postal drop box, or other similar postal receptacle so as to interfere with the delivery of mail by the United States Postal Service.

B. The penalty for parking in violation of this section shall be thirty-five dollars ($35.00). A violation of this section shall be considered an infraction and shall be processed in accordance with the State statutes regarding infractions. (Ord. 93-1011 § 3)

9.05.070 Pedestrian obstruction of traffic.

It shall be unlawful for any pedestrian to walk or be on a public roadway in a manner which unnecessarily or unreasonably interferes with, delays, obstructs or halts the travel of vehicles over and/or across the public roadway. Violation of this section shall constitute a misdemeanor punishable through applicable criminal process. (Ord. 93-1017 § 1)

9.05.080 Parking a motor vehicle on the roadway or in a manner which impedes traffic – Exceptions.

A. It shall be unlawful for any driver or operator of a vehicle to stop, park or leave standing any vehicle, whether attended or unattended, on the traveled portion of any public roadway or park, to stop or leave standing any motor vehicle in any other location which impedes, restricts or prevents travel over or across any public roadway. Violation of this section shall constitute a traffic infraction punishable by a penalty not to exceed fifty-seven dollars ($57.00).

B. It is provided, however, that this section shall not apply to the driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop; and, this section shall not apply to the driver of a solid waste collection company or recycling company vehicle who temporarily stops the vehicle as close as practical to the right edge of the right-hand shoulder of the roadway or right edge of the roadway if no shoulder exists for the purpose of and while actually engaged in collection of solid waste or recyclables, or both under Chapters 81.77, 35.21, and 35A.21 RCW or by contract under RCW 36.58.030. (Ord. 96-1013 § 6: Ord. 93-1017 § 2)

9.05.090 Parking restrictions – Authority to identify restrictive zones.

The City Manager or designee is authorized to identify and designate by appropriate signage parking restrictions, time limitations and parking prohibitions for certain streets of the City, to include restriction to parking by local residents only, in order to provide for reasonable parking availability and safe use of City streets. The penalty for violations of parking restrictions, prohibitions, or time periods shall be fifty dollars ($50.00). It is provided, however, that the provisions of this section shall not apply to violations of parking regulations specifically set forth and provided for in other sections of the City Code. (Ord. 96-1013 § 7: Ord. 93-1039 § 1)

Chapter 9.10
MOTOR VEHICLE LIABILITY INSURANCE

(Repealed by Ord. 96-1013)

Chapter 9.15
MISCELLANEOUS DRIVING REGULATIONS

Sections:

9.15.010 Cutting corners prohibited.

9.15.020 Inattentive driving prohibited.

9.15.021 Monetary penalty imposed.

9.15.030 Refusal of blood alcohol or breath test – Admissibility.

9.15.040 Parking in fire lanes prohibited.

9.15.010 Cutting corners prohibited.

It shall be unlawful for any person operating a motor vehicle upon the streets or highways of the City to turn such vehicle either to the right or to the left upon approaching or leaving an intersection and to proceed across any private property for the purpose of avoiding the intersection or any traffic-control device controlling the intersection, unless so directed by proper authorities. Violation of this section is a traffic infraction. (Ord. 90-1056 § 1)

9.15.020 Inattentive driving prohibited.

It is a traffic infraction for any person to operate a motor vehicle within the City in an inattentive manner. For purposes of this section, “inattentive manner” means the operation of a motor vehicle in a manner which evidences a lack of that degree of attentiveness required to safely operate the vehicle under the prevailing conditions, including but not limited to the nature and condition of the roadway, presence of other traffic, presence of pedestrians and weather conditions. (Ord. 91-1044 § 1)

9.15.021 Monetary penalty imposed.

A monetary penalty of seventy dollars ($70.00), plus statutory assessments, shall be imposed for every violation of SMC 9.15.020. (Ord. 91-1044 § 2)

9.15.030 Refusal of blood alcohol or breath test – Admissibility.

RCW 46.61.517 is hereby adopted as follows:

The refusal of a person to submit to a test of the alcohol content of the person’s blood or breath under RCW 46.20.308 is admissible into evidence at a subsequent criminal trial.

(Ord. 91-1045 § 1)

9.15.040 Parking in fire lanes prohibited.

Any person who parks a vehicle in, or allows the parking of a vehicle in, a designated fire lane, as defined in Chapter 13.16 SMC, shall be guilty of a parking infraction and shall be subject to a monetary penalty in the sum of fifty dollars ($50.00). (Ord. 98-1013 § 1)

Chapter 9.20
VEHICLE IMPOUNDMENT
AND REDEMPTION²

Sections:

9.20.010 Appointment of King County as agent of the City.

9.20.020 Definitions.

9.20.030 Impoundment without prior notice.

9.20.040 Impoundment after notice.

9.20.050 Impound procedure.

9.20.060 Notification to owner of impounded vehicle.

9.20.070 Redemption of impounded vehicles and hearing request.

9.20.080 Post impoundment hearing procedure.

9.20.090 Sale of unclaimed vehicles.

9.20.100 Contracts for towing and storage.

9.20.110 Additional towing contractor duties and records.

9.20.120 Standards.

9.20.010 Appointment of King County as agent of the City.

King County and the King County Department of Public Safety are appointed and authorized to act as agent of the City in regard to all impoundments and actions permitted by this chapter. In addition, authorized City employees of the Fire Department and Department of Public Works are empowered to request of police officers impoundments pursuant to this chapter. (Ord. 92-1014 § 1)

9.20.020 Definitions.

The following definitions shall apply in interpretation and enforcement of this chapter:

A. “Impoundment” means the removal of a vehicle to a storage facility either by an officer or authorized agent of the City including the King County Department of Public Safety, or by a towing contractor in response to a request from a police officer.

B. “Towing contractor” means any firm, partnership, tow operator, association, or corporation duly licensed by the State of Washington to perform towing and storage services that enters into a contract with the King County Department of Public Safety to perform towing and storage services under the provisions of this chapter, or similar provision of the King County Code.

C. “Vehicle” shall have the definition set forth in RCW 46.04.670, and, in addition, shall include any junk vehicle as defined in RCW 46.55.010(4) as such statutes currently exist or as may subsequently be amended.

D. “Workday” means Monday through Friday, not including Saturday and Sunday or legal holidays as defined in RCW 1.16.050. (Ord. 92-1014 § 2)

9.20.030 Impoundment without prior notice.

A. A vehicle may be impounded with or without citation and without giving prior notice to its registered or legal owner under the following circumstances:

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

2. The vehicle is illegally parked in a posted restricted zone where parking is limited to designated classes of vehicles, or is prohibited during certain hours, or on designated days, or at any time when the vehicle is interfering, or likely to interfere with, the intended use of such a restricted zone;

3. The vehicle poses an immediate danger to the public safety;

4. A police officer has information sufficient to form a reasonable belief that the vehicle is stolen;

5. 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;

6. Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable, or too intoxicated, to rationally decide upon steps to be taken to protect his or her property;

7. Whenever the driver of a vehicle is arrested or taken into custody by a police officer, and the driver is physically or mentally incapable, or too intoxicated, to rationally decide upon steps to be taken to protect his or her property;

8. Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person pursuant to RCW 46.16.381 is parked in a stall or space properly marked, as required by RCW 46.61.581, which space is provided on private property without charge or is on public property;

9. Whenever a mobile home is subject to removal from a mobile home park pursuant to a writ of restitution, provided such writ is attached to a King County Department of Public Safety impound report.

B. Nothing in this section shall derogate from the powers of police officers under the common law or other statute or ordinance. (Ord. 92-1014 § 3)

9.20.040 Impoundment after notice.

A vehicle not subject to impoundment under Section 9.20.030 may be impounded after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of twenty-four (24) hours prior to such impoundment if such vehicle is parked and/or used in violation of any law, ordinance or regulation; provided that if the vehicle has current vehicle license and tabs, an officer or authorized agent of the King County Department of Public Safety shall check the computer records to ascertain the identity of the last owner of record of the vehicle and shall make a reasonable effort to contact the owner in person or by telephone in order to notify the owner of the proposed impoundment. (Ord. 92-1014 § 4)

9.20.050 Impound procedure.

When impoundment is authorized by this chapter, a vehicle may be impounded by a towing contractor acting at the request of a police officer. Such officer shall provide to the towing contractor a signed authorization for the tow and the impound before the towing contractor may proceed with the impound. (Ord. 92-1014 § 5)

9.20.060 Notification to owner of impounded vehicle.

A. When a vehicle is impounded, the impounding towing contractor shall provide notification of the impoundment to the legal and registered owner(s) of the vehicle. The notification shall be sent by first-class mail within twenty-four (24) hours after the impoundment to the last known name and address of the owner(s) of the vehicle, as identified by the Washington State Department of Licensing, and shall inform the owner(s) of the identity of the agency authorizing the impound. The notification shall include the name of the towing contractor, its address and telephone number, the location and time of the impound, and that the vehicle was impounded by authority of the King County Department of Public Safety. The notice shall also include written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to this chapter, as set forth on a form to be provided by the King County Department of Public Safety, in its capacity as agent of the City.

B. In the case of an abandoned vehicle, as defined in RCW 46.55.010(1), within twenty-four (24) hours after receiving information as to the vehicle owner(s) from the State Department of Licensing, the towing contractor shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owner(s).

C. No notices need be sent to the legal or registered owner(s) of an impounded vehicle if the vehicle has been redeemed.

D. When a person seeks to redeem an impounded vehicle, the towing contractor shall give said person a copy of the towing and

storage invoice as well as a written notice of the right of redemption and opportunity for a hearing, as set forth on a form developed by the King County Department of Public Safety. The towing contractor shall maintain a record evidenced by the redeeming person’s signature that such notification was provided.

E. Similar written notice and record of notification for redemption and opportunity for a hearing, as set forth on a form provided by the King County Department of Public Safety, shall be given by the towing contractor at the time of releasing a vehicle impounded for investigatory purpose following authorization by the King County Department of Public Safety to release such vehicle. (Ord. 92-1014 § 6)

9.20.070 Redemption of impounded vehicles and hearing request.

Vehicles impounded shall be redeemed under the following circumstances:

A. Only the registered owner, the legal owner, or a person authorized in writing by the registered or legal owner, or one (1) who purchased a vehicle from the registered owner and who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle.

B. Any person so redeeming an impounded vehicle must pay the towing contractor for costs of impoundment (towing and storage) before the vehicle will be released from impound. Such towing contractor shall accept only cash, major bank credit cards, certified bank drafts, money orders, and personal checks drawn on in-State banks in payment for such costs; provided, however, that if such a personal check is offered in payment for such costs, the person so offering the same may be required to show evidence of his or her identity by two pieces of identification which may include a driver’s license, Washington State Identification Card issued by the Washington State Department of Motor Vehicles, other credit cards or similar forms of identification; provided, further, however, that if the contractor has reasonable cause to believe the tendered check is uncollectible, acceptance of such check may be refused in accordance with such standards as may be promulgated in accordance with Section 9.20.120, or as may be set forth in a contract entered into pursuant to Section 9.20.100.

C. Any person who stops payment on a personal check or credit card, or does not make restitution within ten (10) days from the date a check becomes insufficient due to lack of funds, or in any other manner defrauds the towing contractor in connection with services rendered pursuant to this chapter shall be liable to the towing contractor for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney’s fees.

D. Any person seeking to redeem an impounded vehicle has a right to a hearing pursuant to Section 9.20.080 before an administrative hearing officer to contest the validity of the impoundment or the amount of towing and storage charges. Any request for a hearing shall be made in writing on a form provided for that purpose by the King County Department of Public Safety signed by such person and must be received by the King County Department of Public Safety within ten (10) days (including Saturdays, Sundays, and holidays) of the later of the date the notice of right of redemption and opportunity for hearing was mailed to such a person pursuant to subsection A and B of Section 9.20.060, or the date such notice was given to such person by the towing contractor pursuant to subsection D of Section 9.20.060. If the hearing request is not received by the King County Department of Public Safety within the ten (10) day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter.

E. If a hearing as provided for in Section 9.20.080 is requested, such hearing shall be held within two (2) working days of the receipt of the written request for the hearing by the King County Department of Public Safety. (Ord. 92-1014 § 7)

9.20.080 Post impoundment hearing procedure.

A. In accordance with RCW 46.55.240 (1)(d), the Sheriff-Director of the King County Department of Public Safety shall appoint one (1) or more administrative hearing officers to conduct the post-impound hearings requested pursuant to Section 9.20.070. Such hearing officer shall determine whether the impoundment was proper and whether the towing and/or storage fees charged in connection with the impound were proper.

B. At the hearing, the Department may produce any relevant evidence to show that the impound and/or fees were proper. The officer’s impound report and the towing contractor’s impound receipts may be received in evidence. In determining whether the fees charged were proper, the hearing officer may take notice of the towing contractor’s rates.

C. At the hearing, the person who requested the hearing may produce any relevant evidence to show that the impound and/or fees were not proper.

D. If the impoundment is found to be proper, the hearing officers shall enter an order so stating. If the costs of impoundment have not been paid, the hearing officer’s order shall also provide that the impounded vehicle shall be released only after payment of the costs of impoundment to the towing contractor.

E. If the impoundment is found to be improper, the hearing officer shall enter an order so stating and shall order the immediate release of the vehicle. If the costs of impoundment have already been paid, the hearing officer shall enter an order against the County and in favor of the person who has paid the costs of impoundment in the amount of costs of the impoundment plus interest at the rate of 12.0 percent per annum from the date on which that person paid such costs, and the County shall comply with such order. If the costs of impoundment have not been paid, the hearing officer shall enter an order directing the County to pay such costs to the towing contractor, and the County shall comply with such order.

F. If the hearing officer finds that the impoundment was proper, but that the towing and/or storage fees were improper, the hearing officer shall determine the correct fees to be charged. If the costs of impoundment have not been paid, the hearing officer shall order the release of the vehicle upon payment of the correct impoundment fees as determined by the hearing officer. If the costs of impoundment have been paid, the hearing officer shall enter an order against the County and in favor of the person who has paid the costs of impoundment for the amount of the overpayment plus interest at the rate of 12.0 percent per annum on the overpayment from the date on which that person paid such costs, and the County shall comply with such order. The towing contractor shall be liable to the County for the amount of such overpayment and interest at the rate of 12.0 percent per annum. The towing contractor shall make payment to the County no later than sixty (60) days after it receives notice of such requirement to pay. The County may bring an action in the King County District Court against the towing contractor to recover such overpayment plus interest at the rate of 12.0 percent per annum.

G. In accordance with RCW 46.55.240 (1)(d), a decision made by an administrative hearing officer may be appealed to the King County District Court for final judgment. (Ord. 92-1014 § 8)

9.20.090 Sale of unclaimed vehicles.

A. Any impounded vehicle not redeemed within fifteen (15) days of mailing of the notice required by Section 9.20.060 and not listed as a stolen vehicle, shall be deemed unclaimed and shall be sold at a public auction in accordance with the provisions and subject to all conditions of RCW 46.55.130; provided that, in the case of a vehicle impounded and held pursuant to order of a police officer as authorized by subsection D or E of Section 9.20.030, the fifteen (15) days shall not begin until forty-eight (48) hours after the King County Department of Public Safety shall have notified both the owner and towing contractor that it has authorized the release of the

vehicle; provided further that when a timely request for a post-impound hearing has been made pursuant to SMC 9.20.070, the sale of the vehicle at public auction shall not take place until after the hearing has been conducted and the hearing officer has entered an order. Prior to sale at public auction, the towing contractor shall confirm with the King County Department of Public Safety that no hearing is pending.

B. When an unclaimed vehicle is sold at public auction pursuant to subsection A of this section, the towing contractor may recover its towing and storage charges from the proceeds of sale. Such towing and storage charges shall be limited to the contract rates established pursuant to SMC 9.20.100. (Ord. 92-1014 § 9)

9.20.100 Contracts for towing and storage.

The County executive, or designee, may enter into contracts with towing contractors to provide towing and storage services on request of the King County Department of Public Safety, which contracts shall be applicable to this chapter. Such contracts shall be at no cost to the County and City and shall provide that the towing contractor may recover the costs of towing and storage only from the person seeking to redeem the impounded vehicle, or from the proceeds of sale of an unclaimed vehicle pursuant to SMC 9.20.090, and that the County shall not be responsible for payment of such costs except upon order of the administrative hearing officer pursuant to SMC 9.20.080. The Sheriff-Director may specify that towing services obtained by the Department of Public Safety will be on a rotational or other basis within the City. The Sheriff-Director may specify the rates towing contractors may charge persons seeking to redeem impounded vehicles for towing and storage services provided pursuant to this chapter. (Ord. 92-1014 § 10)

9.20.110 Additional towing contractor duties and records.

Each towing contractor, in addition to fully complying with the standards set by the King County Department of Public Safety must:

A. File its towing and storage rates with the King County Department of Public Safety;

B. Maintain all vehicle transaction files for three (3) years. (Ord. 92-1014 § 11)

9.20.120 Standards.

The Sheriff-Director of the King County Department of Public Safety is authorized and directed to adopt standards that carry out the provisions and intent of this chapter. Towing contractors are required to comply with such standards. (Ord. 92-1014 § 12)

Chapter 9.25
VEHICLE IMPOUNDMENT UPON ARREST OF DRIVER FOR DRIVING WHILE LICENSE SUSPENDED
OR REVOKED

Sections:

9.25.010 Appointment of King County as agent for the City.

9.25.020 Impoundment authorized.

9.25.030 Administrative fee.

9.25.040 Owner of impounded vehicle to be notified.

9.25.050 Redemption of impounded vehicles.

9.25.060 Post-impoundment hearing procedure.

9.25.070 Contracts for towing and storage.

9.25.080 Severability.

9.25.010 Appointment of King County as agent for the City.

King County and the King County Sheriff’s Office and/or its designees are appointed and authorized to act as agent of the City in regard to all impoundments and actions permitted by this chapter. (Ord. 00-1008 § 1)

9.25.020 Impoundment authorized.

A. If a vehicle is impounded because the driver is arrested for a violation of Driving While License Suspended (“DWLS”) in the third degree, as defined in RCW 46.20.342, or if the driver is arrested for driving with a license suspended in another State, the vehicle shall be impounded.

B. If a vehicle is impounded because the driver is arrested for a violation of DWLS second degree, as defined in RCW 46.20.342, the vehicle shall be impounded for thirty (30) days.

C. If a vehicle is impounded because the driver is arrested for a violation of DWLS first degree, as defined in RCW 46.20.342, the vehicle shall be impounded for thirty (30) days. (Ord. 00-1008 § 1)

9.25.030 Administrative fee.

If a vehicle is impounded pursuant to the provisions of this chapter, an administrative fee of one hundred dollars ($100.00) shall be paid to the City of SeaTac Finance Department, prior to redemption of the vehicle as provided by this chapter. The administrative fee shall be for the purpose of offsetting, to the extent, practicable, the cost to the City of implementing, enforcing and administering this chapter and must be deposited in an appropriate account. (Ord. 00-1008 § 1)

9.25.040 Owner of impounded vehicle to be notified.

A. Not more than twenty-four (24) hours after impoundment of any vehicle, the tow truck operator shall mail a notice by first class mail to the last known address of the legal and registered owner(s) 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 include the name of the impounding tow firm, its address, and telephone number. The notice shall include the location and time of the impound, and by whose authority the vehicle was impounded. The notice also shall include written notice of the right of redemption and opportunity for a hearing to contest the validity of the impound or the amount of towing and storage charges pursuant to this chapter, as set forth on a form provided by the King County Sheriff’s Office. The notice shall state the mandatory length of the impound. The notice shall state that a person who desires to redeem an impounded vehicle at the end of the mandatory period must, within five (5) days of the impound, at the request of the tow truck operator, pay a security deposit to the tow truck operator of not more than one-half (1/2) of the applicable impound storage rate for each day of the proposed suspended license impound to ensure payment of the costs of the removal, towing, and storage of the vehicle pursuant to RCW 46.55.120(1)(b). The notification shall state that if the security deposit is not posted within five (5) days of the impound, the vehicle will be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130. The notice shall set forth the requirements of SMC 9.25.050 regarding the payment of the costs of removal, towing, and storage as well as providing proof of payment of the administrative fee and proof of satisfaction of any penalties, fines, or forfeitures before redemption. The notice must also state that the registered owner is ineligible to purchase the vehicle at the abandoned vehicle auction, if held.

B. Notwithstanding subsection A of this section, a rental car business may immediately redeem a rented vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. The officer directing the impound shall notify the rental car business as soon as practicable of the impound.

C. If the date on which a notice required by subsection A of this section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.

D. 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 notice need not be mailed. The tow truck operator shall maintain a record evidenced by the redeeming person’s signature that the notification was provided. (Ord. 00-1008 § 1)

9.25.050 Redemption of impounded vehicles.

Vehicles impounded pursuant to this chapter shall be redeemed only under the following circumstances, and pursuant to agreement between the City and the King County Sheriff’s Office:

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 ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this chapter must, prior to redemption, establish that he or she has a valid driver’s license and insurance.

B. Any person so redeeming a vehicle impounded under this chapter shall pay the tow truck operator for costs of impoundment (removal, towing, and storage) and the administrative fee prior to redeeming such vehicle. The tow track operator shall accept payment as provided in RCW 46.55.120(1)(e), as now or hereafter amended. If the vehicle was impounded pursuant to this chapter 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. A vehicle impounded pursuant to this chapter can be released only pursuant to written order from the King County Sheriff’s Office or a court.

C. The King County Sheriff’s Office shall assign an administrative hearings officer(s) to conduct post-impoundment hearings pursuant to this chapter. Any person seeking to redeem a vehicle impounded pursuant to this chapter has a right to a hearing before an administrative hearings officer to contest the validity of an impoundment or the amount of removal, towing and storage charges or administrative fee. Any request for a hearing shall be made in writing, on a form provided by the King County Sheriff’s Office and signed by such person, and received by the King County Sheriff’s Office within ten (10) days (including Saturdays, Sundays and holidays) of the latter of the date the notice of right of redemption and opportunity for hearing was mailed to the person or the date the notice was given to the person by the tow track operator. 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 SMC 9.25.020 have been satisfied, then the impounded vehicle shall be released immediately and a hearing shall be held within ninety (90) days of the written request for hearing.

2. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under SMC 9.25.020, have not been satisfied, then the impounded vehicle shall not be released until after the hearing which shall be held within two (2) business days (excluding Saturdays, Sundays, and holidays) of the written request for hearing.

3. Any person seeking a hearing who has failed to request such hearing within the time specified in this section may petition the King County Sheriff’s Office for an extension 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 purpose 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 neither the City or County shall be liable for removal, towing and storage charges arising from the impoundment.

D. The SeaTac Police Chief, or designee, is authorized to release a vehicle impounded pursuant to this chapter prior to the expiration of any period of impoundment upon petition of the spouse or domestic partner of the registered owner of the vehicle, based on economic or personal hardship to such spouse or domestic partner resulting from the unavailability of the vehicle and, after consideration of the threat to public safety that may result from the 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 must satisfy the requirements of SMC 9.30.040(A) and (B), with the exception of payment of the penalties, fines, or forfeitures owed by the driver, and with the exception of the administrative fee.

E. The SeaTac Police Chief, or designee, is authorized to release a vehicle impounded pursuant to this chapter prior to the expiration of any period of impoundment upon the petition of the registered owner of the vehicle based upon economic or personal hardship or equity, provided the registered owner was not the operator of the vehicle at the time of the impound. If such release is authorized, the registered owner must satisfy the requirements of SMC 9.25.020(A) and (B), with the exception of the administrative fee, in order to redeem the vehicle. (Ord. 00-1008 § 1)

9.25.060 Post-impoundment hearing procedure.

Hearings requested pursuant to SMC 9.25.050 shall be held by an administrative hearings officer who shall determine whether the impoundment was proper and whether the associated towing and storage and administrative fees charged were proper.

A. At the hearing, the King County Sheriff’s Office may produce any relevant evidence to show that either the impound or fees, or both, were proper. 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. At the hearing, the person who requested the hearing may produce any relevant evidence to show that either the impound or fees or both were not proper.

C. If the impoundment is found to be proper, the administrative hearings officer shall enter an order so stating. In the event that the costs of impoundment (removal, towing, storage, and administrative fees) have not been paid or any other applicable requirements of SMC 9.25.050(A) or (B) satisfied, or any period of impoundment has not expired, the administrative hearings officer’s order shall also provide that the impounded vehicle shall be released only after payment of any fines imposed on any underlying traffic violations.

D. If the impoundment is found to be improper, the administrative hearings officer shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the administrative hearings officer shall enter judgment against the County and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment, which are removal, towing, storage and administrative fees, plus interest at the rate of twelve percent (12%) per year from the date that person paid the costs, and the County shall comply with the order. If the costs of impoundment, which are removal, towing and storage, have not been paid, the hearings officer shall enter an order directing the County to pay the costs to the tow truck operator, and the County shall comply with the order. The County and City are not liable for damages if the police officer who ordered the impound relied in good faith and without gross negligence, on the records of the Department of Licensing in ascertaining whether the operator of the vehicle had a suspended or revoked driver’s license.

E. In the event that the administrative hearings officer finds that the impound was proper, but that the removal, towing or storage fees charged for the impoundment were improper, the administrative hearings officer shall determine the correct fees to be charged. If the costs of impoundment have been paid, the administrative hearings officer shall enter a judgment against the County and in favor of the person who has paid the costs of impoundment for the amount of the overpayment plus interest at the rate of twelve percent (12%) per year on the overpayment from the date that person paid the costs, and the County shall comply with the order. The tow truck operator is liable to the County for the amount of the overpayment and interest at the rate of twelve percent (12%) per year. The tow truck operator shall make the payment to the County no later than sixty (60) days after the tow truck operator receives notice of the requirement to pay. The County may bring an action in the King County District Court against the tow truck operator to recover the overpayment plus interest at the rate of twelve percent (12%) per year.

F. No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution.

G. An appeal of the administrative hearings officer’s decision shall be conducted according to, and is subject to, the procedures of this section. In accordance with RCW 46.55.240(1)(d), a decision made by an administrative hearings officer may be appealed to the King County District Court for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such a decision must file a request for an appeal in district court within fifteen (15) days after the decision of the administrative hearings officer and must pay a filing fee in the same amount required for the filing of a suit in District Court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to an appeal is waived and the administrative hearings officer’s decision is final. (Ord. 00-1008 § 1)

9.25.070 Contracts for towing and storage.

The King County Sheriff’s Office, and the City Manager and/or designees, are authorized and directed to enter into appropriate agreements and to promulgate rules and regulations to provide for the fair and efficient administration of any contract(s) awarded to registered tow truck operators pursuant to this chapter. Such contracts shall be at no cost to the County and the City and shall provide that the tow truck operator may recover the costs of towing and storage only from the person seeking to redeem the impounded vehicle, or from the proceeds of sale of an unclaimed vehicle pursuant to RCW 46.55.130, and that the County and City shall not be responsible for payment of such costs except upon order of the administrative hearing officer pursuant to SMC 9.25.060. (Ord. 00-1008 § 1)

9.25.080 Severability.

If any portion of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 00-1008 § 1)

Chapter 9.30
MANDATORY HELMET REQUIREMENTS

Sections:

9.30.010 Definitions.

9.30.020 Approved protective helmet required.

9.30.030 Parental responsibility.

9.30.040 Bicycle races and events – Helmet required.

9.30.050 Bicycle leasing or lending – Helmet required.

9.30.060 Penalties.

9.30.010 Definitions.

As used herein, the following terms shall have the meanings indicated below:

A. “Approved protective helmet” means a head covering that meets or exceeds safety standards adopted by the Consumer Product Safety Commission (CPSC), or the American Society for Testing and Materials (ASTM), or the Snell Memorial Foundation (Snell), or the American National Standards Institute (ANSI), or the Shell Foundation, or such subsequent nationally recognized standard for bicycle helmet performance as the City Council may adopt.

B. “Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two (2) tandem wheels, either of which is sixteen (16) inches or more in diameter, or three (3) wheels, any one of which is more than twenty (20) inches in diameter. Within this chapter, the term “bicycle” shall include a bicycle with training wheels, or any attached trailer, side car, and/or other device designed to be, and being, towed by a bicycle. The term bicycle specifically excludes tricycles.

C. “Electric-assisted bicycle” means a bicycle with two (2) or three (3) wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle’s electric motor must have a power output of no more than one thousand (1,000) watts, be incapable of propelling the device at a speed of more than twenty (20) miles per hour on level ground, and be incapable of further increasing the speed of the device when human power is applied to propel the device beyond twenty (20) miles per hour.

D. “Roller blades” or “roller skates” means a skate with at least four (4) wheels, for skating on surfaces other than ice.

E. “Skateboard” means a short, narrow board to which roller skate wheels are attached.

F. “Public area” means public rights-of-way, streets, roads, alleys, bicycle paths, parks, publicly owned facilities, or privately owned property open to the public as invitees or for recreational use. (Ord. 99-1011 § 1)

9.30.020 Approved protective helmet required.

A. Any person one (1) year of age or older bicycling, skateboarding, roller blading, roller skating or riding as a bicycle passenger on or in tow of a bicycle upon any public area in the City of SeaTac shall wear an appropriate protective helmet which must be equipped with a neck or chin strap which shall be fastened securely while the bicycle is in motion.

B. No person shall transport another person on or in tow of a bicycle upon any public area in the City, unless the passenger, if one (1) year of age or older, is wearing a securely fastened protective helmet. (Ord. 99-1011 § 1)

9.30.030 Parental responsibility.

A parent or guardian is responsible for requiring that a child under the age of eighteen (18) years wears an approved protective helmet while bicycling, skateboarding, roller blading, roller skating or riding as a passenger on a bicycle in any public area in the City. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. (Ord. 99-1011 § 1)

9.30.040 Bicycle races and events – Helmet required.

A. Any person managing a bicycle race, an organized event involving bicycling, or a bicycle tour in the public area of the City shall require that all participants on or in tow of bicycles wear bicycle helmets.

B. The person managing any such event shall include notice of the bicycle helmet requirement in any promotional brochures and on registration materials. (Ord. 99-1011 § 1)

9.30.050 Bicycle leasing or lending – Helmet required.

A. Any person engaging in the business of renting or loaning any bicycle, skateboard, roller blades, or roller skates for use in any public area in the City shall supply the persons leasing or using such bicycles, skateboard, roller blades, or roller skates with approved protective helmets unless the renters and passengers possess approved protective helmets of their own.

B. Any rental papers, including contracts, agreements, or receipts must provide notice to the person renting the bicycle, skateboard, roller blades, or roller skates of the approved protective helmet requirements of this chapter. (Ord. 99-1011 § 1)

9.30.060 Penalties.

A. Any person violating any of the provisions of this chapter commits a traffic infraction and shall be liable for a monetary penalty of twenty-five dollars ($25.00) for each infraction.

B. The court may waive, reduce, or suspend the penalty, or require community service or bicycle or skating training, and clear the notice of violation as a warning for an individual who has not received a prior notice of violation of this chapter, and provides proof that he or she has acquired an approved protective helmet at the time of appearance in court.

C. Each rental and each event under SMC 9.30.050 shall be a separate infraction. (Ord. 99-1011 § 1)

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Footnotes

1. Copies of all Revised Code of Washington provisions adopted by reference in this title are available in the office of the City Clerk for use and examination by the public.

2. Cross reference: See Ch. 7.25 of this code for provisions on junk vehicle storage.