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HomeMy WebLinkAbout5165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 5 1 6 5 · AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AUTHORIZING THE IMPOUND OF VEHICLES WHEN THE OPERATOR IS DRIVING WHILE LICENSE SUSPENDED, PROVIDING FOR REQUIREMENTS OF REDEMPTION, PROVIDING FOR A HEARING, ESTABLISHING ADMINISTRATIVE FEES, AND ADOPTING THE STATE LEGISLATIVE FINDINGS OF WASHINGTON STATE LAWS OF 1998, CHAPTER 203, SECTION 1. WHEREAS, the State Legislature in the Laws of 1998, Chapter 203, provided an option to municipalities of impounding vehicles being operated by a person that was driving while license suspended; and WHEREAS, the term "Driving While License Suspended" (DWLS) includes Driving While License Suspended First Degree, Second Degree and Third Degree; and WHEREAS, the State Legislature promulgated findings in the Laws of 1998, Chapter 203, Section 1 which are hereby adopted by reference; and WHEREAS, the City has found that the current methodology of dealing with Driving While License Suspended cases has not been totally effective and has agreed to adopt ordinances authorized by the State Legislature above, and has worked in conjunction with other municipalities to arrive at a similar ordinance to allow for uniformity throughout neighboring municipalities; and Ordinance No. 5165 October 2, 1998 Page 1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 WHEREAS, a progressive minimum necessary to encourage compliance; and WHEREAS, a longer 2°, relative to DWLS 3° of the offense; and minimum impound is appropriate impound period is period for DWLS 1o or considering the nature is found that an ($75.00) is enforcing and WHEREAS, the implementation of this Ordinance will result in additional costs to the City and in an attempt to recoup some of the additional costs it administrative fee of Seventy-five Dollars enforceable to offset the City costs of administrating the Ordinance; and date WHEREAS, to give the public ample warning an effective of January 1, 1999 is established by this Ordinance; and WHEREAS, the use of an administrative hearings officer is appropriate because of the possible unavailability of the municipal court judge; and WHEREAS, the administrative hearings officer may be the same person as the municipal court judge. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter is added to the Auburn City Code under Title 9 entitled "Impounding Vehicles for Driving While License Suspended". Ordinance No. 5165 October 2, 1998 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 2. Impoundment of vehicle where driver is arrested for a violation of Drivin9 While License Suspended (DWLS)-Period of impoundment. A. Whenever the driver of a vehicle is arrested for a violation of Driving While License Suspended (DWLS) the vehicle is subject to impoundment at the discretion of a police officer. B. If a vehicle is impounded because the driver is arrested for a violation of DWLS 3° 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 DWLS 3° within the past five (5) years, the vehicle shall be impounded for fifteen (15) days. C. If a vehicle is impounded because the driver is arrested for a violation of DWLS 3° 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 DWLS 3° within the past five (5) years, the vehicle shall be impounded for thirty (30) days. D. If a vehicle is impounded because the driver is arrested for a violation of DWLS 1° or 2° 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 Ordinance No. 5165 October 2, 1998 Page 3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 DWLS 1° or 20 within the past five (5) years, the vehicle shall be impounded for thirty (30) days. E. If a vehicle is impounded because the driver is arrested for a violation of DWLS 1° or 2° and the Washington Department of Licensing's records show that the driver has been convicted one time of a violation of RCW 46.20.342(1) (a) or (b) or DWLS 1° or 2° once within the past five (5) years, the vehicle shall be impounded for sixty (60) days. F. If a vehicle is impounded because the driver is arrested for a violation of DWLS 1° or 2° 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 DWLS 1° or 2° two (2) or more times within the past five (5) years, the vehicle shall be impounded for ninety (90) days. Section 3. Redemption of impounded vehicles. Vehicles impounded by the City shall be redeemed only under the following circumstances: A. 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 the above section must prior to redemption establish that he or she has a valid driver's license. Ordinance No. 5165 October 2, 1998 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 B. Any person so redeeming a vehicle impounded by the City shall pay the towing contractor for the costs of impoundment, including removal, towing and storage, and the administrative fee prior to redeeming such vehicle. Towing in RCW the vehicle operated by may not be fines, or contractor shall accept payment as provided 46.55.120(1) (b), as now or hereafter amended. If was impounded pursuant to the above and was being the registered owner when it was impounded, it released to any person until all penalties, forfeitures owed by the registered owner have been satisfied. C. The Chief of Police is authorized to release a vehicle impounded pursuant to the above section prior to the expiration of any period of impoundment upon petition of the spouse of the driver based upon 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 the 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 must satisfy the requirements of this section. D. Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a hearing before an administrative hearings officer Ordinance No. 5165 October 2, 1998 Page 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 to contest the validity of the impoundment or the amount of removal, towing and storage charges or the administrative fee if such request for hearing is in writing, in the form approved by the Chief of Police and signed by such person, and is received by the Chief of Police within ten (10) days (including Saturdays, Sundays and holidays) of the latter of the date the notice was mailed to such person pursuant to the above section, or 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: 1. If all of the requirements to redeem the vehicle, including the expiration of any period of impoundment have been satisfied, then the impounded vehicle shall be released immediately and a hearing shall be held within ninety (90) days from the written request for hearing. 2. If not all of the requirements to redeem the vehicle, including the expiration of any period of impoundment have been satisfied, then the impounded vehicle shall not be released until after the hearing, which shall be held within two (2) business days (excluding Saturdays, Sundays and holidays) of the written request for the hearing. 3. Any person seeking a hearing who has filed to request such hearing within the time may petition the Chief of Police for an extension to file a request for hearing. Ordinance No. 5165 October 2, 1998 Page 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 Such extension shall be 9ranted only upon the demonstration of good cause as to the reason(s) the request for the 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. 4. 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 and administrative fee deemed to be proper, and the City shall not be liable removal, towing and storage charges arising from impoundment. are for the 5. In accordance with RCW 46.55.240(1) (d), a decision made by the administrative hearings officer may be appealed to the Municipal Court for final judgment. The hearin9 on the appeal under this subsection shall be de novo. A person appealing such decision must file a request for an appeal in the Municipal Court within fifteen (15) days after the decision of the administrative hearings officer and must pay a filing fee in the same amount required for the filing of a suit in district court. If a person fails to file a request Ordinance No. 5165 October 2, 1998 Page 7 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 for an appeal within the time specified by this section or does not pay the filing fee, the right to appeal is waived and the administrative hearings officer's decision is final. Section 4. Post-impoundment hearing procedure. Hearings requested shall be held by an administrative hearings officer, who shall determine whether the impoundment was proper and whether the associated removal, towing, storage and administrative fees were proper. The administrative hearings officer shall not have the authority to determine the commission or mitigation of timely response was filed requesting a hearing and the has not passed, in which case, the officer has discretion to consolidate and the notice of infraction hearing. any parking infraction unless a to that notice of infraction hearing date for that infraction administrative hearings the impoundment hearing A. 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. Ordinance No. 5165 October 2, 1998 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 B. If the impoundment is found to be proper, the administrative hearings officer shall enter an order so stating. In the event the costs of impoundment (removal, towing and storage) and the administrative fee have not been paid or any other applicable requirements have not been satisfied or any period of impoundment has not expired, the administrative hearings officer's order shall also provide that the impounded vehicle shall be released only after payment to the City of any fines imposed upon any of the underlying traffic or parking infractions and satisfaction of all other applicable requirements and payment of the costs of impoundment and administrative fee to the towing company and after the expiration above. In the event grants time payments, of any period of impoundment set forth that the administrative hearings officer the City shall be responsible for paying the costs of impoundment to the towing company. The administrative hearings officer shall grant time payments only in the cases of extreme financial need, and where there is an effective guarantee of payment. C. If the impoundment is found to be improper, the administrative hearings officer shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment and administrative fee have already been paid, the administrative hearings officer shall enter a Ordinance No. 5165 October 2, 1998 Page 9 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 judgment against the City and in favor of the person who has paid the costs of impoundment and administrative fee in the amount of the costs of the impoundment and administrative fee. D. In the event the administrative hearings officer finds that the impoundment was proper, but the removal, towing, storage or administrative fee charged for impoundment were improper, the administrative hearings officer shall determine the correct fees to be charged. If the costs of impoundment and the administrative fee have been paid, the administrative hearings officer shall enter a judgment against the City and in favor of the person who has paid the costs of impoundment and administrative fee for the amount of the overpayment. E. No determination of facts made at a hearing this section shall have any collateral estoppel effect under on a subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution. F. An appeal of the administrative hearings officer's decision in Municipal Court shall be conducted according to, and is subject to, the procedures of this section. If the court finds that the impoundment or the removal, towing, storage or administrative fees are improper, Ordinance No. 5165 October 2, 1998 Page 10 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 any judgment of the filin~ fee. Section 5. Contract for towing and storage- Administrative fee. A. If a vehicle is impounded pursuant to the above section, the administrative fee of Seventy-five Dollars ($75.00) shall be levied when the vehicle is redeemed under the specifications of the contract provided for. B. The administrative fee shall be collected by the contractor performing the impound, and shall be redeemed to the Finance Department in the manner directed by the Finance Director. The administrative fee shall be for the purpose of off-setting, to the extent practical, the cost of the City of implementing, in enforcing and administering the provisions of this chapter and shall be deposited in the appropriate account. Section 6. 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 thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. entered against the City shall include the amount Ordinance No. 5165 October 2, 1998 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 Section 7.~ The Mayor is hereby authorized to such administrative procedures as may be necessary out the directions of this legislation. Section 8. This Ordinance shall take effect force January 1, 1999. implement to carry and be in INTRODUCED: October 19, 1998 PASSED: October 19, 1998 APPROVED: October 19, 1998 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J.~ Reynolds, City Attorney Ordinance No. 5165 October 2, 1998 Page 12