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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
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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
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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
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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
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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
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October 2, 1998
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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.
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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
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October 2, 1998
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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.
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October 2, 1998
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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
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October 2, 1998
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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,
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October 2, 1998
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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
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October 2, 1998
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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
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