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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: �. .. • •111041 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