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ORDINANCE NO. 5 2 0 7
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING
PRESENT AUBURN CITY CODE CHAPTER 10.48 ENTITLE[) "ABANDONED
VEHICLES ON PUBLIC PROPERTY" ENACTED BY ORDINANCF NO. 2408 AND
ENACTING A NEW CHAPTER 8.15 ENTITLED "IMPOUNDMENT OF
UNAUTHORIZED VEHICLES ON PUBLIC PROPERTY AND IN HIGHWAY RIGHT
OF WAY" WHICH PROVIDES DEFINITIONS AND PROCEDURES FOR
REMOVAL.
WHEREAS, statutory provisions contained in RCW 46.55.010(12),
46.55.070(1) and (3), 46.55.080(1) and (2) and 46.55.085(1)-(4) relating to the
removal and disposition of unauthorized vehicles on public property and in the right
of way have replaced provisions previously contained in RCW 46.52. which were
relied upon for the enactment of Auburn City Code (ACC) Chapter 10.48 entitled
"Abandoned Vehicles on Public Property"; and
WHEREAS, it is necessary for the public health, safety and general welfare
of the citizens of the City of Auburn that regulations regarding the removal and
disposition of unauthorized vehicles on public property and in the right of way be in
place;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5207
January 19, 1999
Page I
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Section t. REPEAL OF AUBURN CITY CODE CHAPTER 10.48
ENTITLED "ABANDONED VEHICLES ON PUBLIC PROPERTY" ENACTED IN
ORDINANCE 2408. Chapter 10.48 entitled "Abandoned Vehicles on Public
Property" enacted by Ordinance 2408 relating to the impoundment and removal of
abandoned vehicles on public property is hereby repealed.
Section 2. ENACTMENT OF A NEW AUBURN CITY CODE
CHAPTER 8.15 ENTITLED "IMPOUNDMENT OF UNAUTHORIZED VEHICLES
ON PUBLIC PROPERTY AND IN HIGHWAY RIGHT OF WAY". A new chapter
8.15 entitled "Impoundment of unauthorized vehicles on public property and in
highway right of way", a copy of which is attached hereto as Exhibit "A" and by this
reference incorporated herein as if fully set forth, is hereby enacted and added to
the .Auburn City Code.
Section 3. AUTHORIZATION. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 4. This Ordinance shall take effect and be in force five (5) days from
and after its passage, approval and publication, as provided by law.
Ordinance No. 5207
January 19, 1999
Page 2
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ATTEST:
v,,~ ...... Cathy Richardson,
Deputy City Clerk
APPROVED AS TO FORM:
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Michael J. Reynolds,
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City Attorney
Published:
Ordinance No. 5207
January 19, 1999
Page 3
INTRODUCED:
PASSED:
APPROVED:
February 16, 1999
February 16, 1999
February 16, 1999
CHARLES A. BOOTH
MAYOR
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EXHIBIT "A"
Chapter 8.15
IMPOUNDMENT OF UNAUTHORIZED VEHICLES ON PUBLIC PROPERTY AND
IN HIGHWAY RIGHT OF WAY
8.15.010. Purpose.
The purpose of this chapter is to preserve the character and safety of the
city's public property and highway right of ways by removing and impounding
unauthorized vehicles thereon, and to provide procedures for the removal and
impoundment of unauthorized vehicles as provided by RCW 46.55.
8.15.020. Definitions.
For the purposes of this chapter, the following words shall have the following
meaning:
A. Highway means the entire width between the boundary lin~es of every way
publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel.
B. 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. (RCW 46.55.010(6))
C. Unauthorized vehicle means a vehicle that is subject to impoundment after
being left unattended in one of the following public locations for the indicated period
of time: (RCW 46.55.010(12))
(a)
(b)
(c)
Public locations:
Constituting an accident or a traffic hazard as defined in
RCW 46.55.113 ....................................... Immediately
On a highway and tagged as described in RCW 46.55.085 ..... 24 hours
In a publicly owned or controlled parking facility, properly
Ordinance No. 5207
January 19, 1999
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posted under RCW 46.55.070 ........................... Immediately
8.15.030.
Posting requirements for public parking facility---Exception.
A. No person may impound, tow, or otherwise disturb any unauthorized vehicle
standing 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 at such facility that clearly indicates:
1. The times a vehicle may be impounded as an unauthorized vehicle;
and
2. The name, telephone number, and address of the towing firm(s)
where the vehicle may be redeemed.
8.15.040.
Law enforcement impound--public property.
A. If a vehicle is in violation of the time restrictions contained in 8.15.020(B), 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. A law enforcement officer may also direct the impoundrnent of a vehicle
pursuant to a writ or court order.
B. The 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. 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 vehic, le for impound.
8.15.050.
right of way.
Law enforcement impound--unauthorized vel~icle in highway
A. 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:
1. The date and time the sticker was attached;
2. The identify of the officer;
3. 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; and
Ordinance No. 5207
January19,1999
Page 5
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4. The address and telephone number where additional information may
be obtained.
B. 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.
C. 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 rnore 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.
D. For the purposes of this section a place of safety includes the business
location of a registered tow truck operator.
8.15.060.
Additional enforcement procedure.
The provisions of this chapter are additional to other enforcement provisions
authorized by state statute or city ordinance and are additional to eny other remedy
available to the city for damages it has suffered.
8.15.070.
Constitutionality or invalidity.
If any section, clause or phrase of this chapter is for any reason held to be
invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of the sections, subsections,
clauses or phrases. It is hereby expressly declared that each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed, adopted
and approved and ratified irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
8.15.080.
Severability.
If any provision of the codes referenced in this chapter is held invalid or
unenforceable, the remainder shall be valid.
Ordinance No. 5207
January 19, 1999
Page 6