HomeMy WebLinkAbout6787 ORDINANCE NO. 6787
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS
10.36.360 AND 10.40.010 OF THE AUBURN CITY CODE
RELATING TO VEHICLE IMPOUNDS
WHEREAS, Auburn City Code (ACC) sections 10.36.360 and 10.40.010 provide
for City impoundment of vehicles parked in violation of those code sections; and
WHEREAS, these ACC sections require payment of vehicle impound and related
charges before release of an impounded vehicle to its owner or operator; and
WHEREAS, in City of Seattle v. Lonq, No. 78230-4-I (Wash. Ct. App. May 4, 2020),
the Washington Court of Appeals ruled that impounded vehicles may not be withheld for
payment of such charges in violation of Washington's Homestead Act (RCW 6.13); and
WHEREAS, it is necessary to revise these ACC sections to ensure their
consistency with the Lonq court decision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 10.40.010 of the Auburn City
Code is amended to read as follows:
10.36.360 — Penalty
Any vehicle parked in violation of ACC 10.36.190 through 10.36.520 may be
impounded by the chief of police or designee, and the cost of such impounding
shall be paid by the owner or operator of such vehicle. Unless otherwise provided
by law, such cost shall be paid before the vehicle same is released. Any motor
vehicle owner or operator who violates any of the terms of ACC 10.36.250 through
10.36.350, except ACC 10.36.205 and 10.36.265, has committed an infraction and
shall pay a fine of$30.00 within 15 days from the date of issuance of such notice,
or in the sum of $40.00 if paid after the fifteenth day from the issuance of such
notice. f-ines shall be paid directly to the Auburn municipal court.
Ordinance No. 6787
August 20, 2020
Page 1 of 3 Rev 2019
Section 2. Amendment to City Code. Section 10.40.010 of the Auburn City
Code is amended to read as follows:
10.40.010 — Parking during certain hours prohibited — Penalties for violation.
Any vehicle parked in violation of ACC 10.36.190 through 10.36.520 may be
impounded by the chief of police or designee, and the cost of such impounding
shall be paid by the owner or operator of such vehicle. Unless otherwise provided
by law, such cost shall be paid before the vehicle same is released. Any motor
vehicle owner or operator who violates any of the terms of ACC 10.36.250 through
10.36.350, except ACC 10.36.205 and 10.36.265, has committed an infraction and
shall pay a fine of$30.00 within 15 days from the date of issuance of such notice,
or in the sum of $40.00 if paid after the fifteenth day from the issuance of such
notice. F - .- - - - •- • - - - • - • - e- -e -
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 5. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: SEP f 9920
PASSED: SEP 0 8 2020
SiP 0 8 2020
APPROVED:
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4ANC : AT S, A'OR
Ordinance No. 6787
August 20, 2020
Page 2 of 3 Rev.2019
ATTEST: APPROVED AS TO FORM:
Shawn Campbell,-MMC, City Clerk Kendra Comeau, City Attorney
Published: �? sZ �"< � �� •..� N
Ordinance No. 6787
August 20, 2020
Page 3 of 3 Rev.2019