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Chapter 16.55
Towing and ImpoundmentSections:
16.55.010 Definitions.
16.55.070 Posting Requirements – Exception.
16.55.080 Law Enforcement Impound, Private Impound – Master Log – Certain Associations Restricted.
16.55.085 Law Enforcement Impound – Unauthorized Vehicle in Right-of-way.
16.55.090 Storage, Return Requirements – Personal Belongings – Combination Endorsement for Tow Truck Drivers – Viewing Impounded Vehicle.
16.55.100 Impound Notice – Abandoned Vehicle Report – Owner Information – Disposition Report.
16.55.105 Responsibility of Registered Owner.
16.55.110 Notice to Legal and Registered Owners.
16.55.113 Removal by Law Enforcement Officer.
16.55.120 Redemption of Vehicles – Sale of Unredeemed Property – Improper Impoundment.
16.55.130 Notice Requirements – Public Auction Accumulation of Storage Charges.
16.55.140 Operator’s Lien, Deficiency Claim, Liability.
16.55.150 Vehicle Transaction File.
16.55.160 Availability of Records, Equipment and Facilities for Audit and Inspection.
16.55.230 Junk Vehicles – Removal, Disposal, Sale.
16.55.010 Definitions.
The definitions set forth in this section apply throughout this chapter:
A. “Abandoned vehicle” means a vehicle that a registered tow truck operator has impounded and held in the operator’s possession for one hundred twenty consecutive hours.
B. “Abandoned vehicle report” means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned.
C. “Impound” means to take and hold a vehicle in legal custody. There are two types of impounds: public and private.
1. “Public impound” means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located.
2. “Private impound” means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located.
D. “Junk vehicle” means a vehicle certified under RCW 46.55.230, or the equivalent provisions of this title, as meeting at least three of the following requirements:
1. Is three years old or older;
2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
E. “Master log” means the document or an electronic facsimile prescribed by the department and the Washington State Patrol in which an operator records transactions involving impounded vehicles.
F. “Registered tow truck operator” or “operator” means any person who engages in the impounding, transporting or storage of unauthorized vehicles or the disposal of abandoned vehicles.
G. “Residential property” means property that has no more than four living units located on it.
H. “Suspended license impound” means an impound ordered under RCW 46.55.113, or the equivalent provisions of this title, because the operator was arrested for a violation of RCW 46.20.342 or 46.20.420, or the equivalent provisions of this title.
I. “Tow truck” means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the state patrol.
J. “Tow truck number” means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.
K. “Tow truck permit” means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it.
L. “Tow truck service” means the transporting upon the public streets and highways of this state of vehicles, together with personal effects and cargo, by a tow truck of a registered operator.
M. “Unauthorized vehicle” means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time: Subject to removal after:
1. Public locations:
a. Constituting an accident or a traffic hazard or other circumstances, as defined in RCW 46.55.113, SMC 16.55.113, or other equivalent provisions of SMC title 16: Immediately.
b. On a highway or city street and tagged as described in RCW 46.55.085, or the equivalent provisions of this title: Twenty-four (24) hours.
c. In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070, or the equivalent provisions of this title: Immediately.
d. On a highway or city street in violation of overtime parking (defined in SMC 16.61.561(1)): Twelve hours.
2. Private locations:
a. On residential property: Immediately.
b. On private, nonresidential property, properly posted under RCW 46.55.070, or the equivalent provisions of this title: Immediately.
c. On private, nonresidential property, not posted: Twenty-four (24) hours.
[Ord. C33390 § 1; Passed: 3/29/2004]
16.55.070 Posting Requirements – Exception.
1. No person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential private property or in a public parking facility for less than twenty-four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates:
a. The times a vehicle may be impounded as an unauthorized vehicle; and
b. The name, telephone number, and address of the towing firm where the vehicle may be redeemed.
2. The requirements of subsection (1) of this section do not apply to residential property. Any person having charge of such property may have an unauthorized vehicle impounded immediately upon giving written authorization.
3. Reserved.
4. Reserved.
[Ord. C31398 § 250; Passed: 6/5/1995]
16.55.080 Law Enforcement Impound, Private Impound – Master Log – Certain Associations Restricted.
A. If a vehicle is in violation of the time restrictions of RCW 46.55.010(13), SMC 16.55.010(M), or other equivalent provisions of this title, it may be impounded by a registered tow truck operator at the direction of a law enforcement officer or other public official with jurisdiction if the vehicle is on public property, including the right-of-way, or at the direction of the property owner or an agent if it is on private property. A law enforcement officer may also direct the impoundment of a vehicle pursuant to a writ or court order.
B. The person requesting a private impound or a law enforcement officer or public official requesting a public impound shall provide a signed authorization for the impound at the time and place of the impound to the registered tow truck operator before the operator may proceed with the impound, which may include a law enforcement notice of infraction or citation, clearly denoting the agency’s authorization to impound. A registered tow truck operator, employee, or his or her agent may not serve as an agent of a property owner for the purposes of signing an impound authorization or, independent of the property owner, identify a vehicle for impound.
C. In the case of a private impound, the impound authorization shall include the following statement: “A person authorizing this impound, if the impound is found in violation of RCW chapter 46.55, may be held liable for the costs incurred by the vehicle owner.”
D. A registered tow truck operator shall record and keep in the operator’s files the date and time that a vehicle is put in the operator’s custody and released. The operator shall make an entry into a master log regarding transactions relating to impounded vehicles. The operator shall make this master log available, upon request, to representatives of the department or the state patrol.
E. A person who engages in or offers to engage in the activities of a registered tow truck operator may not be associated in any way with a person or business whose main activity is authorizing the impounding of vehicles.
[Ord. C33390 § 2; Passed: 3/29/2004]
16.55.085 Law Enforcement Impound – Unauthorized Vehicle in Right-of-way.
1. A law enforcement officer discovering an unauthorized vehicle left within a highway right-of-way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
a. The date and time the sticker was attached;
b. The identity of the officer;
c. A statement that if the vehicle is not removed within twenty-four hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense;
d. A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the registered owner will have committed the traffic infraction of littering – abandoned vehicle; and
e. The address and telephone number where additional information may be obtained.
2. If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
3. If the vehicle is not removed within twenty-four hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle’s removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside for more than twenty-four hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
4. For the purposes of this section a place of safety includes the business location of a registered tow truck operator.
[Ord. C33037 § 12; Passed: 6/10/2002]
16.55.090 Storage, Return Requirements – Personal Belongings – Combination Endorsement for Tow Truck Drivers – Viewing Impounded Vehicle.
1. All vehicles impounded shall be taken to the nearest storage location that has been inspected and is listed on the application filed with the department.
2. All vehicles shall be handled and returned in substantially the same condition as they existed before being towed.
3. All personal belongings and contents in the vehicle shall be kept intact, and shall be returned to the vehicle’s owner or agent during normal business hours upon request and presentation of a driver’s license or other sufficient identification. Personal belongings shall not be sold at auction to fulfill a lien against the vehicle.
4. All personal belongings not claimed before the auction shall be turned over to the local law enforcement agency to which the initial notification of impoundment was given. Such personal belongings shall be disposed of pursuant to RCW chapter 63.32 or 63.40.
5. Tow truck drivers shall have a Washington state driver’s license endorsed for the appropriate classification under RCW chapter 46.25 or the equivalent issued by another state.
6. Any person who shows proof of ownership or written authorization from the impounded vehicle’s registered or legal owner or the vehicle’s insurer may view the vehicle without charge during normal business hours.
[Ord. C31398 § 253; Passed: 6/5/1995]
16.55.100 Impound Notice – Abandoned Vehicle Report – Owner Information – Disposition Report.
1. At the time of impoundment the registered tow truck operator providing the towing service shall give immediate notification, by telephone or radio, to a law enforcement agency having jurisdiction who shall maintain a log of such reports. A law enforcement agency, or a private communication center acting on behalf of a law enforcement agency, shall within six to twelve hours of the impoundment, provide to a requesting operator the name and address of the legal and registered owners of the vehicle, and the registered owner of any personal property registered or titled with the department that is attached to or contained in or on the impounded vehicle, the vehicle identification number, and any other necessary, pertinent information. The initial notice of impoundment shall be followed by a written or electronic facsimile notice within twenty-four hours. In the case of a vehicle from another state, time requirements of this subsection do not apply until the requesting law enforcement agency in this state receives the information.
2. The operator shall immediately send an abandoned vehicle report to the department for any vehicle, and for any items of personal property registered or titled with the department, that are in the operator’s possession after the one-hundred-twenty hour abandonment period. Such report need not be sent when the impoundment is pursuant to a writ, court order, or police hold that is not a suspended license impound. The owner notification and abandonment process shall be initiated by the registered tow truck operator immediately following notification by a court or law enforcement officer that the writ, court order, or police hold that is not a suspended license impound is no longer in effect.
3. Reserved.
4. Within fourteen days of the sale of an abandoned vehicle at public auction, the towing operator shall send a copy of the abandoned vehicle report showing the disposition of the abandoned vehicle and any other items of personal property registered or titled with the department to the crime information center of the Washington state patrol.
5. If the operator sends an abandoned vehicle report to the department and the department finds no owner information, an operator may proceed with an inspection of the vehicle and any other items of personal property registered or titled with the department to determine whether owner identification is within the vehicle.
6. If the operator finds no owner identification, the operator shall immediately notify the appropriate law enforcement agency, which shall search the vehicle and any other items of personal property registered or titled with the department for the vehicle identification number or other appropriate identification numbers and check the necessary records to determine the vehicle’s or other property’s owners.
[Ord. C32489; Passed: 9/13/1999]
16.55.105 Responsibility of Registered Owner.
1. The abandonment of any vehicle creates a prima facie presumption that the last registered owner of record is responsible for the abandonment and is liable for costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
2. If an unauthorized vehicle is found abandoned under subsection (1) of this section and removed at the direction of law enforcement, the last registered owner of record is guilty of a traffic infraction, unless the vehicle is redeemed as provided in RCW 46.55.120, or the equivalent provisions of this title. In addition to any other monetary penalty payable under RCW chapter 46.63, the court shall not consider all monetary penalties as having been paid until the court is satisfied that the person found to have committed the infraction has made restitution in the amount of the deficiency remaining after disposal of the vehicle under RCW 46.55.140, or the equivalent provisions of this title.
3. A vehicle theft report filed with a law enforcement agency relieves the last registered owner of liability under subsection (2) of this section for failure to redeem the vehicle. However, the last registered owner remains liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle under subsection (1) of this section. Nothing in this section limits in any way the registered owner’s rights in a civil action or as restitution in a criminal action against a person responsible for the theft of the vehicle.
4. Properly filing a report of sale or transfer regarding the vehicle involved in accordance with RCW 46.12.101(1) relieves the last registered owner of liability under subsections (1) and (2) of this section. If the date of sale as indicated on the report is on or before the date of impoundment, the buyer identified on the last properly filed report of sale with the department is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction. If the date of sale is after the date of impoundment, the previous registered owner is assumed to be liable for such costs. A licensed vehicle dealer is not liable under subsections (1) and (2) of this section if the dealer, as transferee or assignee of the last registered owner of the vehicle involved, has complied with the requirements of RCW 46.70.122 upon selling or otherwise disposing of the vehicle, or if the dealer has timely filed a transitional ownership record or report of sale under RCW 46.12.103. In that case the person to whom the licensed vehicle dealer has sold or transferred the vehicle is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.
5. For the purposes of reporting notices of traffic infraction to the department under RCW 46.20.270 and section 4 of chapter 86, Laws of 1999, and for purposes of reporting notices of failure to appear, respond, or comply regarding a notice of traffic infraction to the department under RCW 46.63.070(5), a traffic infraction under subsection (2) of this section is not considered to be a standing, stopping, or parking violation.
6. A notice of infraction for a violation of this section may be filed with a court of limited jurisdiction organized under RCW title 3, 35, or 35A, or with a violations bureau subject to the court’s jurisdiction.
[Ord. C32489 § 13; Passed: 9/13/1999]
16.55.110 Notice to Legal and Registered Owners.
1. When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the unauthorized vehicle and the owners of any other items of personal property registered or titled with the department. The notification shall be sent by first class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the vehicle, and the owners of any other items of personal property registered or titled with the department, as provided by the law enforcement agency, and shall inform the owners of the identity of the person or agency authorizing the impound. The notification shall include the name of the impounding tow firm, its address, and telephone number. The notice shall also include the location, time of the impound, and by whose authority the vehicle was impounded. The notice shall also include the written notice of the right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120.
2. In addition, if a suspended license impound has been ordered, the notice must state the length of the impound, the requirement of the posting of a security deposit to ensure payment of the costs of removal, towing, and storage, notification that if the security deposit is not posted the vehicle will immediately be processed and sold at auction as an abandoned vehicle, and the requirements set out in RCW 46.55.120(1)(b) regarding the payment of the costs of removal, towing, and storage as well as providing 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.
3. In the case of an abandoned vehicle, or other item or personal property registered or titled with the department, within twenty-four hours after receiving information on the vehicle owners from the department through the abandoned vehicle report, the tow truck operator shall send by certified mail, with return receipt requested, a notice of custody and sale to the legal and registered owners.
4. If the date on which a notice required by subsection 3 of this section is to be mailed falls upon a Saturday, Sunday, or a postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
5. No notices need be sent to the legal or registered owners of an impounded vehicle or other item of personal property registered or titled with the department, if the vehicle or personal property has been redeemed.
[Ord. C32489; Passed: 9/13/1999]
16.55.113 Removal by Law Enforcement Officer.
A. Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, or of RCW 46.20.342 or 46.20.420, or the equivalent provisions of this title, the vehicle is subject to impoundment, pursuant to applicable local ordinance or state agency rule at the direction of a law enforcement officer. In addition, a law enforcement officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:
1. Whenever a law enforcement officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, 46.61.570, or the equivalent provisions of this title, the law enforcement officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway.
2. Whenever a law enforcement officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety.
3. Whenever a law enforcement 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 of deciding upon steps to be taken to protect his or her property.
4. Whenever the driver of a vehicle is arrested and taken into custody by a law enforcement officer.
5. Whenever a law enforcement officer discovers a vehicle that the officer determines to be a stolen vehicle.
6. Whenever a vehicle without a special license plate, card or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property.
7. Upon determining that a person is operating a motor vehicle without a valid drivers license in violation of RCW 46.20.005, or the equivalent provisions of this title, or with a license that has been expired for ninety days or more.
8. Whenever any law enforcement officer finds a vehicle or device parked, angle parked, or so used as to endanger any user or potential user of any public street or way open to the public.
9. Whenever any law enforcement officer finds a vehicle stalled, disabled, unattended or unable to move under its own power on or in any public facility, including streets, roads or highways, tunnels, bridges or approaches thereto in the city, and such an occurrence is or may be a menace or obstruction to the safety of the general public.
10. Whenever any law enforcement officer finds a vehicle operating upon the streets and highways of this city which is defective in equipment in such a manner that it is unsafe. Said vehicle shall be an unlawful vehicle and may be prevented from further operation until the equipment defect is corrected and it satisfactorily passes inspection as directed by the chief of police or his designee. The provisions of this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of the equipment defect in the manner directed by any peace officer or representative of the state Commission on Equipment.
11. Whenever any law enforcement officer or duly authorized city employee finds a vehicle standing, parked or stopped in a place designated a tow-away zone.
12. Whenever a law enforcement officer finds a vehicle parked on a highway or city street in violation of overtime parking (defined in SMC 16.61.561(1)): Twelve hours.
B. With respect to any of the above grounds for impoundment, if in the discretion of a law enforcement officer, a delay in the impoundment and removal of the vehicle would not unduly inconvenience or endanger the public safety and health, he may make or cause to be made efforts of notification of an identifiable owner. Such efforts of notification may include canvassing the area, telephone calls or application of a twenty-four-hour notification sticker referenced in SMC 16.55.085 or a shorter time period notification.
C. In addition, a law enforcement officer may take custody of a vehicle and provide for its prompt removal to a place of safety whenever the officer finds a vehicle parked or used in violation of any of the following sections and subject to any additional conditions specified therein: SMC 16.61.564, 16.61.565, 16.61.566, 16.61.563, 16.61.5703, 16.61.5704, 16.61.5705, 16.61.570(1)(a) or (1)(b)(i) or (1)(b)(ii); Provided, that in addition to the particular requirements of the sections listed, if not otherwise addressed therein, prior to the impoundment, a reasonable effort under the circumstances shall be made to notify the registered owner or person in control of the vehicle by canvassment of the area, by telephone or other means.
D. Vehicles subject to impoundment under this section are declared to be public nuisances which may be summarily abated as provided herein or as specifically provided in each instance and except where prohibited by law. Junk vehicle nuisance impounds are addressed in SMC 16.55.230 and RCW 46.55.240. Nothing in this section may derogate from the powers of police officers under the common law or as otherwise authorized under state statutes. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.
[Ord. C33390 § 3; Passed: 3/29/2004]
16.55.120 Redemption of Vehicles – Sale of Unredeemed Property – Improper Impoundment.
1. Vehicles or other items of personal property registered or titled with the department that are impounded by registered tow truck operators pursuant to RCW 46.55.080, 46.55.085, 46.55.113 or 9A.88.140, or the equivalent provisions of this title, may be redeemed only under the following circumstances:
a. Only 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 by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the department, or one who has purchased a vehicle or item of personal property registered or titled with the department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefore, may redeem an impounded vehicle or items of personal property registered or titled with the department. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) shall not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of subsection (1)(e) of this section, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by a government agency. If the department’s records show that the operator has been convicted of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the agency that ordered the vehicle impounded or from the court having jurisdiction. An agency may issue a written order to release pursuant to a provision of an applicable state agency rule or local ordinance authorizing release on the basis of economic or personal hardship to the spouse of the operator, or the legal or registered owner, taking into consideration public safety factors, including the operator’s criminal history and driving record. If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1)(a) or (1)(b), the vehicle may be held for up to thirty days at the written direction of the agency ordering the vehicle impounded. However, if the department’s records show that the operator has been convicted of a violation of RCW 46.20.342(1)(a) or (1)(b) or a similar local ordinance within the past five years, the vehicle may be held at the written direction of the agency ordering the vehicle impounded for up to sixty days, and for up to ninety days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342, the vehicle may not be released until a person eligible to redeem it under this subsection (1)(a) satisfies the requirements of subsection (1)(e) of this section, including paying all towing, removal, and storage fees, and an administrative fee, notwithstanding the fact that the hold was ordered by a government agency.
b. If the vehicle is directed to be held for a suspended license impound, a person who desires to redeem the vehicle at the end of the period of impound shall within five 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 of the applicable impound storage rate for each day of the proposed suspended license impound. The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW 46.55.130(1). The security deposit required by this section may be paid and must be accepted at any time up to twenty-four hours before the beginning of the auction to sell the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner.
c. Notwithstanding subsection (1)(b) of this section, a rental car business may immediately redeem a rental 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.
d. Notwithstanding subsection (1)(b) of this section, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing and storage, whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing or otherwise disposing of it in accordance with RCW chapter 62A.9, including providing redemption rights to the debtor under RCW 62A.9-506. If the debtor is the registered owner of the vehicle, the debtor’s right to redeem the vehicle under RCW chapter 62A.9 is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound.
e. The vehicle or other item of personal property registered or titled with the department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage or other services rendered during the course of towing, removing, impounding or storing any such vehicle, with credit being given for the amount of any security deposit paid under subsection (1)(b) of this section. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.345, or the equivalent provisions of this title, and was being operated by the registered owner when it was impounded, it must not be released to any person until the registered owner establishes with the agency that ordered the vehicle impounded or the court having jurisdiction that any penalties, fines or forfeitures owed by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards issued by financial institutions, or personal checks drawn on Washington state branches of financial institutions if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm cannot determine through the customer’s bank or a check verification service that the presented check would be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within ten days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney’s fees.
f. The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person’s signature that such notification was provided.
g. Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the Spokane County District Court to contest the validity of the impoundment or the amount of towing and storage charges. The district court has jurisdiction to determine the issues involving impoundments authorized by agents of the municipality. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the court within ten days of the date the opportunity was provided for in subsection (2)(a) of this section and more than five days before the date of the auction. At the time of the filing of the hearing request, the petitioner shall pay to the court clerk a filing fee in the same amount required for the filing of a suit in district court. If the court does not receive the hearing request within the ten-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 or RCW chapter 46.55. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment. If the vehicle was impounded because the operator’s driving privilege was in suspended status under RCW 46.20.342, or SMC 16.20.342, the court shall set a hearing to determine the validity of the impound within seventy-two hours of the person requesting a hearing. The seventy-two hour time period does not include weekends or legal holidays.
h. The court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound in writing of the hearing date and time.
i. At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing or storage fees charged were not proper. 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.
j. At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.
k. If the impoundment is found proper, the impoundment, towing and storage fees as permitted under this chapter or RCW chapter 46.55 together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.
l. If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the department shall bear no impoundment, towing or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment shall be liable for any towing, storage or other impoundment fees permitted under this chapter or RCW chapter 46.55. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.345, or the equivalent provisions of this title, is determined to be in violation of this chapter or RCW chapter 46.55, 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. If any judgment entered is not paid within fifteen days of notice in writing of its entry, the court shall award reasonable attorneys’ fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:
TO: . . . . . . YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the . . . . . . Court located at . . . . . . in the sum of $. . . . . ., in an action entitled . . . . . ., Case No. . . . . . YOU ARE FURTHER NOTIFIED that attorney’s fees and costs will be awarded against you under RCW . . . if the judgment is not paid within 15 days of the date of this notice.
DATED this . . . . day of . . . . . ., (year) . . .
Signature . . . . . . . .
Typed name and address of party mailing notice
2. Any impounded abandoned vehicle or item of personal property registered or titled with the department that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by RCW 46.55.1103 shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees.
[Ord. passed: 6/7/2004]
16.55.130 Notice Requirements – Public Auction Accumulation of Storage Charges.
1. If, after the expiration of fifteen days from the date of mailing of notice of custody and sale required in RCW 46.55.110(3) to the registered and legal owners, the vehicle remains unclaimed and has not been listed as a stolen vehicle, or a suspended license impound has been directed, but no security paid under RCW 46.55.120, then the registered tow truck operator having custody of the vehicle shall conduct a sale of the vehicle at public auction after having first published a notice of the date, place, and time of the auction in a newspaper of general circulation in the county in which the vehicle is located not less than three days and no more than ten days before the date of the auction. The notice shall contain a description of the vehicle including the make, model, year, and license number and a notification that a three-hour public viewing period will be available before the auction. The auction shall be held during daylight hours of a normal business day.
2. The following procedures are required in any public auction of such abandoned vehicles:
a. The auction shall be held in such a manner that all persons present are given an equal time and opportunity to bid;
b. All bidders must be present at the time of auction unless they have submitted to the registered tow truck operator, who may or may not choose to use the pre auction bid method, a written bid on a specific vehicle. Written bids may be submitted up to five days before the auction and shall clearly state which vehicle is being bid upon, the amount of the bid, and who is submitting the bid;
c. The open bid process, including all written bids, shall be used so that everyone knows the dollar value that must be exceeded;
d. The highest two bids received shall be recorded in written form and shall include the name, address, and telephone number of each such bidder;
e. In case the high bidder defaults, the next bidder has the right to purchase the vehicle for the amount of his or her bid;
f. The successful bidder shall apply for title within fifteen days;
g. The registered tow truck operator shall post a copy of the auction procedure at the bidding site. If the bidding site is different from the licensed office location, the operator shall post a clearly visible sign at the office location that describes in detail where the auction will be held. At the bidding site a copy of the newspaper advertisement that lists the vehicles for sale shall be posted;
h. All surplus moneys derived from the auction after satisfaction of the registered tow truck operators lien shall be remitted within thirty days to the department for deposit in the state motor vehicle fund. A report identifying the vehicles resulting in any surplus shall accompany the remitted funds. If the director subsequently receives a valid claim from the registered vehicle owner of record as determined by the department within one year from the date of the auction, the surplus moneys shall be remitted to such owner;
i. If an operator receives no bid, or if the operator is the successful bidder at auction, the operator shall, within forty-five days sell the vehicle to a licensed vehicle wrecker, hulk hauler, or scrap processor by use of the abandoned vehicle report-affidavit of sale, or the operator shall apply for title to the vehicle.
3. In no case may an operator hold a vehicle for longer than ninety days without holding an auction on the vehicle, except for vehicles that are under a police or judicial hold.
4.
a. In no case may the accumulation of storage charges exceed fifteen days from the date of receipt of the information by the operator from the department as provided by RCW 46.55.110(3).
b. The failure of the registered tow truck operator to comply with the time limits provided in this chapter or RCW chapter 46.55 limits the accumulation of storage charges to five days except where delay is unavoidable. Providing incorrect or incomplete identifying information to the department in the abandoned vehicle report shall be considered a failure to comply with these time limits if correct information is available. However, storage charges begin to accrue again on the date the correct and complete information is provided to the department by the registered tow truck operator.
[Ord. C32707; Passed: 9/5/2000]
16.55.140 Operator’s Lien, Deficiency Claim, Liability.
1. A registered tow truck operator who has a valid and signed impoundment authorization has a lien upon the impounded vehicle for services provided in the towing and storage of the vehicle, unless the impoundment is determined to have been invalid. The lien does not apply to personal property in or upon the vehicle that is not permanently attached to or is not an integral part of the vehicle except for items of personal property registered or titled with the department. The registered tow truck operator also has a deficiency claim against the registered owner of the vehicle for services provided in the towing and storage of the vehicle not to exceed the sum of three hundred dollars less the amount bid at auction, and for vehicles of over ten thousand pounds gross vehicle weight, the operator has a deficiency claim of one thousand dollars less the amount bid at auction, unless the impound is determined to be invalid. The limitation on towing and storage deficiency claims does not apply to an impound directed by a law enforcement officer. In no case may the cost of the auction or a buyer’s fee be added to the amount charged for the vehicle at the auction, the vehicle’s lien, or the overage due. A registered owner who has completed and filed with the department the seller’s report as provided for by RCW 46.12.101 and has timely and properly filed the seller’s report is relieved of liability under this section. The person named as the new owner of the vehicle on the timely and properly filed seller’s report shall assume liability under this section.
2. Any person who tows, removes, or otherwise disturbs any vehicle parked, stalled, or otherwise left on privately owned or controlled property, and any person owning or controlling the private property, or either of them, are liable to the owner or operator of a vehicle, or each of them, for consequential and incidental damages arising from any interference with the ownership or use of the vehicle which does not comply with the requirements of this chapter.
[Ord. C31398 § 260; Passed: 6/5/1995]
16.55.150 Vehicle Transaction File.
The registered tow truck operator shall keep a transaction file on each vehicle. The transaction file shall contain as a minimum those of the following items that are required at the time the vehicle is redeemed or becomes abandoned and is sold at a public auction:
1. A signed impoundment authorization as required by RCW 46.55.080;
2. A record of the twenty-four hour written impound notice to a law enforcement agency;
3. A copy of the impoundment notification to registered and legal owners, sent within twenty-four hours of impoundment, that advises the owners of the address of the impounding firm, a twenty-four hour telephone number, and the name of the person or agency under whose authority the vehicle was impounded;
4. A copy of the abandoned vehicle report that was sent to and returned by the department;
5. A copy and proof of mailing of the notice of custody and sale sent by the registered tow truck operator to the owners advising them they have fifteen days to redeem the vehicle before it is sold at public auction;
6. A copy of the published notice of public auction;
7. A copy of the affidavit of sale showing the sales date, purchaser, amount of the lien, and sale price;
8. A record of the two highest bid offers on the vehicle, with the names, addresses, and telephone numbers of the two bidders;
9. A copy of the notice of opportunity for hearing given to those who redeem vehicles;
10. An itemized invoice of charges against the vehicle.
The transaction file shall be kept for a minimum of three years.
[Ord. C31398 § 261; Passed: 6/5/1995]
16.55.160 Availability of Records, Equipment and Facilities for Audit and Inspection.
Records, equipment, and facilities of a registered tow truck operator shall be available during normal business hours for audit or inspection by the department of licensing, the Washington state patrol, or any law enforcement agency having jurisdiction.
[Ord. C31398 § 262; Passed: 6/5/1995]
16.55.230 Junk Vehicles – Removal, Disposal, Sale.
1. Notwithstanding any other provision of law, any law enforcement officer having jurisdiction or any person authorized by the director shall inspect and may authorize the disposal of an abandoned junk vehicle. The person making the inspection shall record the make and vehicle identification number or license number of the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent only to the approximate value of the scrap in it.
2. The law enforcement officer or department representative shall provide information on the vehicle’s registered and legal owner to the landowner.
3. Upon receiving information on the vehicle’s registered and legal owner, the landowner shall mail a notice to the registered and legal owners shown on the records of the department. The notification shall describe the redemption procedure and the right to arrange for the removal of the vehicle.
4. If the vehicle remains unclaimed more than fifteen days after the landowner has mailed notification to the registered and legal owner, the landowner may dispose of the vehicle or sign an affidavit of sale to be used as a title document.
5. If no information on the vehicle’s registered and legal owner is found in the records of the department, the landowner may immediately dispose of the vehicle or sign an affidavit of sale to be used as a title document.
6. The landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle’s registered owner any costs incurred in the removal of the junk vehicle.
7. For the purposes of this section, the term “landowner” includes a legal owner of private property, a person with possession or control of private property, or a public official having jurisdiction over public property.
8. A person complying in good faith with the requirements of this section is immune from any liability arising out of an action taken or omission made in the compliance.
[Ord. C31398 § 263; Passed: 6/5/1995]
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