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RESEARCH TOOLS › SAMPLE DOCS › ORDINANCES › Island County Code Chapter 10.06
 
Island County Code Chapter 10.06 - Traffic Regulation

Not an official copy.

Island County Ordinance No. C-105-98

Authorizing impoundment of vehicles driven by suspended or revoked drivers and making technical amendments to Chapter 10.06, ICC Traffic Regulations, adopted September 14, 1998.

Island County, WA Code Chapter 10.06
Traffic Regulation

Sections

    10.06.010 - Repeal
    10.06.020 - Model Traffic Ordinance Adopted
    10.06.030 - Deletions
    10.06.040 - Amendment
    10.06.050 - Speed Limits
    10.06.060 - Impoundment of Vehicles Driven by Suspended/Revoked Drivers
    10.06.070 - Holding Vehicles Impounded
    10.06.080 - Redemption of Impounded Vehicles 10.06.090 - Contesting Impoundment or Towing and Storage Charges
    10.06.100 - Severability
    10.06.110 - Effective Date

10.06.010 Repeal

Island County Ordinance No. PA-74-2, passed September 5, 1974, is repealed.

10.06.020 Model Traffic Ordinance Adopted

The "Washington Model Traffic Ordinance," chapter 308-330 of the Washington Administrative Code, hereinafter referred to as the "MTO," is adopted by reference as if fully set forth, except as provided by other sections of this chapter, as the traffic ordinance for Island County.

10.06.030 Deletions

The following sections of the MTO are not adopted by reference and are expressly deleted: WAC 308-333-210, 308-333-215, 308-333-225, 308-333-230, 308-333-235, 308-333-240, 308-333-245, 308-333-250, 308-333-436, 308-333-500 through section -540.

10.06.040 Amendment

MTO section 46.90.275 308-330-275 is amended to delete a representative of the county prosecuting attorney’s office as a member of the traffic safety commission.

10.06.050 Speed Limits

The adoption of the MTO shall not be deemed to affect speed limits established by prior ordinances.

10.06.060 Impoundment of Vehicles Driven by Suspended/Revoked Drivers

Pursuant to the authority of RCW 46.55.113, whenever the driver of a vehicle is arrested for violation of RCW 46.20.342 (Driving while license suspended or revoked (DWLS/DWLR)) or 46.20.420 (Operation of vehicle under other license or permit prohibited while license suspended or revoked) the vehicle is subject to impoundment at the business location of a registered tow truck operator at the direction of the Island County Sheriff or one of his deputies.

10.06.070 Holding Vehicles Impounded

A. DWLS/DWLR First Degree or Second Degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.342(1)(a) or (b) (DWLS/DWLR First or Second Degree), the vehicle will be held, at the written direction of the Island County Sheriff or one of his deputies, in impound before it may be redeemed for:

  1. Seventy-two (72) hours when the Department of Licensing’s records show that the operator has no prior conviction of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five (5) years;

  2. Ten (10) days when the Department of Licensing’s records show that the operator has been convicted once of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five (5) years; and

  3. Thirty (30) days when the Department of Licensing’s records show that the operator has been convicted two or more times of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five (5) years.

B. DWLS/DWLR Third Degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.342(1)(c) (DWLS/DWLR Third Degree), the vehicle will be held, at the written direction of the Island County Sheriff or one of his deputies, in impound before it may be redeemed, as follows:

  1. The Sheriff shall issue an immediate written order of release of the vehicle from impound upon compliance with the provisions of section 10.06.080.A and B. when the Department of Licensing’s records show that the operator has no prior convictions of RCW 46.20.342(1)(a), (b), or (c) or a similar local ordinance within the past five (5) years; and

  2. Seventy-two (72) hours when the Department of Licensing’s records show that the operator has one or more convictions of RCW 46.20.342(1)(a), (b) or (c) or a similar local ordinance within the past five (5) years.

C. Hardship Release. The Island County Sheriff or one of his deputies may issue a written order to release the vehicle from impound before the expiration of the impound period on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator’s criminal history and driving record.

10.06.080 Redemption of Impounded Vehicles

Vehicles impounded pursuant to Section 10.06.060 may be redeemed, after being held for the requisite number of days in impound under Section 10.06.070, upon the following conditions:

A. The person redeeming the vehicle is an eligible person to redeem the vehicle under RCW 46.55.120(1)(a) and pays all towing, removal, and storage fees in commercially reasonable tender as provided in RCW 46.55.120(1)(b); and

B. When the vehicle was impounded because the operator was in violation of RCW 46.20.342 and the operator is the registered owner, such registered owner establishes with the Island County Sheriff that all penalties, fines, or forfeitures owed by him or her for traffic violations have been paid in full; and

C. Issuance of a written order from the Island County Sheriff or one of his deputies directing release of the impounded vehicle.

10.06.090 Contesting Impoundment or Towing and Storage Charges

A. Any person seeking to redeem a vehicle impounded under this chapter has a right pursuant to the provisions of RCW 46.55.120(2)(b) to a hearing in the Island County District Court to contest the validity of the impoundment or the amount of the towing and storage charges.

B. The Island County Sheriff or his designated impoundment authorizing deputy shall appear and represent the Sheriff at the impoundment validity hearing in the District Court. The Prosecuting Attorney is not required to represent the Sheriff at the hearing.

10.06.100 Severability

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected.

10.06.110 Effective Date

This chapter and the MTO shall take effect April 1, 1982.