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Marysville, WA Ordinance No. 2221 - vehicle impounds

Not an official copy.

Marysville, WA
Ordinance No. 2221

AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON ADDING NEW SECTIONS TO CHAPTER 11.04 OF THE MARYSVILLE MUNICIPAL CODE TO ADDRESS IMPOUNDS AFTER DRIVING WITHOUT A VALID DRIVER'S LICENSE AND UNDER THE INFLUENCE ARRESTS.

THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS:

Section 1. A new Section 11.04.100 is hereby added to the Marysville Municipal Code as follows:

11.04.100. Impoundment of vehicle where driver is arrested for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504 -- Period of impoundment.

    (1) Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504, the vehicle is subject to impoundment at the direction of a police officer.

    (2) Whenever the driver of a vehicle is arrested or cited for a violation of RCW 46.20.005, 46.20.015, 46.20.3421 46.20.420, 46.61.502, 46.61.504, then the vehicle may be released as soon as all the requirements of MMC § 11.04.110(1) are satisfied.

    (3) If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing's records show that the driver has been convicted one (1) time of a violation of RCW 46.20.342 or similar local ordinance within the past five (5) years, the vehicle shall be impounded for fifteen (15) days.

    (4) If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing's records show that the driver has been convicted two (2) or more times of a violation of RCW 46.20.342 or similar local ordinance within the past five (5) years, the vehicle shall be impounded for thirty (30) days.

    (5) If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342 (1) (a) or (b) and the Washington Department of Licensing's records show that the driver has not been convicted of a violation of RCW 46. 20.342 (1) (a) or (b) or similar local ordinance within the past five (5) years, the vehicle shall be impounded for thirty (30) days.

    (6) If a vehicle is impounded because we driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing's records show that the driver has been convicted one (1) time of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance once within the past five (5) years, the vehicle shall be impounded for sixty (60) days, (7) If a vehicle is impounded because-the driver is arrested for a violation of RCW 46.20.342(1)(a) or (h) and the Washington Department of Licensing's records show that the driver has been convicted of a violation of RCW 46.20.342 (1) (a) or (b) or similar local ordinance two (2) or more times within the past five (5) years, the vehicle shall be impounded for ninety (90) days.

Section 2. A new Section 11.04.110 is hereby added to the Marysville Municipal Code as follows:

11.04.110 Redemption of impounded vehicles.

Vehicles impounded by the City shall be redeemed only under the following circumstances:

    (1) only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to Section 11.04.100 MMC must prior to redemption establish that he or she has a valid driver's license and is in compliance with RCW 46.30.020. A vehicle impounded pursuant to Subsection (3) to (7) of MMC § 11.04.100 can be released only pursuant to a written order from the court.

    (2) Any person so redeeming a vehicle impounded by the City shall pay the towing contractor for costs of impoundment removal, towing and storage prior to redeeming such vehicle, except as provided for by subsection (3) of this section. Such towing contractor shall accept payment as provided in RCW 46.55.120 (1) (b) as now or hereafter amended. If the vehicle was impounded pursuant to Section 11.04.100 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.

    (3) The Municipal Court is authorized to release a vehicle impounded pursuant to MMC 11.04.100 (3) through (7) prior to the expiration of any period of impoundment upon petition of the spouse of the driver based on economic or personal hardship to such spouse resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from release of the vehicle including, but not limited to, the driver's criminal history, driving record, license status, and access to the-vehicle. if such release is authorized, the person redeeming the vehicle still must satisfy the requirements of MMC 11.04.110(1) and (2).

    (4) Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a Municipal Court hearing to contest the validity of an impoundment or the amount of removal, towing, and storage charges if such request for hearing is in writing, in a form approved by the municipal Court and signed by such person, and is received by the Municipal Court within ten (10) days (including Saturdays, Sundays and holidays) of the date the notice was given to such person by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:

      (a) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under MMC 11.04.100, have been satisfied, then the impounded vehicle shall be released immediately and a hearing as provided for in MMC 11.04.120 shall be held within ninety (90) days of the written request for hearing.

      (b) If not all of the requirements to redeem the vehicle, including expiration of any period of impoundment under MMC 11.04.100, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to MMC 11.04.120, which shall be held within two (2) business days (excluding Saturdays, Sundays and holidays) of the written request to the court for hearing.

      (c) Any person seeking a hearing who has failed to request such hearing within the time specified in MMC 11.04.110(4) may petition the Municipal Court for an extension of time to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, good cause shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with-this chapter.

      (d) If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and the City shall not be liable for removal, towing, and storage charges arising from the impoundment.

Section 3. A new Section 11.04.120 is hereby added to the Marysville Municipal Code as follows:

11.04.120 Post-impoundment hearing procedure.

Hearings requested pursuant to MMC 11.04.110 shall be held in the Municipal Court, which court shall determine whether the impoundment was proper and whether the associated removal, towing, and/or storage fees were proper.

    (1) At the hearing, an abstract of the driver's driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver's license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.

    (2) If the impoundment is found to be proper, the court shall enter an order so stating. In the event that the costs of impoundment, removal, towing, and storage have not been paid or any other applicable requirements of MMC 11.04.110(2) have not been satisfied or any period of impoundment under MMC 11.04.100 has not expired, the court's order shall also provide that the impounded vehicle shall be released only after payment to the City of any fines imposed on any underlying traffic or parking infraction and satisfaction of any other applicable requirements of MMC 11.04.110(2).

    (3) If the impoundment is found to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the court shall enter judgment against the City-and in-favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment.

    (4)In the event that the court finds that the impound was proper, but that the removal, towing, storage fees charged for the impoundment were improper, the court shall determine the correct fees to be charged. If the costs of impoundment have been paid, the court shall enter a judgment against the City and in favor of the person who has paid the costs of impoundment for the amount of the overpayment.

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

    (6) As to any impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420, if it is determined to be improper, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license.

Section 4. A new Section 11.04.130 is hereby added to the Marysville Municipal Code as follows:

11.04.130. This ordinance shall take effect and be in force as of Midnight between December 31, 1998 and January 1, 1999.

PASSED by the City Council and APPROVED by the Mayor this 14th day of December 1998.

CITY OF MARYSVILLE

___________________________
By MAYOR

ATTEST:

___________________________
By CITY CLERK

Approved as to form:

___________________________
By CITY ATTORNEY

Date of Publication: 12/23/98


Effective Date: See Section 11.04.130