ORD 95-24 IMPOUNDMENT OF VESSELSORDINANCE NO. 95-24
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to appeals of the impoundment of vessels and watercraft;
adding a new section 12.24.085 to the Bainbridge Island Municipal Code.
WHEREAS Chapter 12.24, of the Bainbridge Island Municipal Code authorizes the City
to impound vessels and watercraft; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
provide for appeals to the Municipal Court of decisions to impound vessels and watercraft; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN as follows:
12.24.085
Impound Hearing.
1) Any person whose vessel or watercraft (including dinghies) has
been impounded pursuant to this Chapter is entitled to a court heating in
the Bainbridge Island Municipal Court to contest the propriety of the
impound and/or the amount of the impound or storage fees.
2(a) The Bainbridge Island Police Department shall give to each person
who seeks to redeem an impounded vessel or watercraft written notice of
the right of redemption and opportunity for a heating, which notice shall
be accompanied by a form to be used for requesting a heating, the name
of the person or agency authorizing the impound, and a copy of the
impound and storage invoice. The Bainbridge Island Police Department
shall maintain a record evidenced by the redeeming person' s signature that
such notification was provided.
Co) Any request for a hearing shall be made in writing on the form
provided for that purpose and must be received by the municipal court
within ten days of the date the opportunity was provided for in subsection
(2)(a) of this section. If the heating request is not received by the
municipal court within the ten-day period, the right to a hearing is waived
and the owner is liable for any towing, storage, or other impoundment
charges permitted under this chapter. Upon receipt of a timely hearing
request, the municipal court shall proceed to hear and determine the
validity of the impoundment.
(c) The municipal court, within five days after the request for a
heating, shall notify the person requesting the hearing if not the owner,
the legal owners of the vessel or watercraft, and the Bainbridge Island
Police Department in writing of the hearing date and time.
3(a) At the hearing, the person or persons requesting the hearing may
produce any relevant evidence to show that the impoundment, towing, or
storage fees charged were not proper. The City shall produce evidence
and has the burden of proving a valid impound and reasonable fees by a
preponderance of the evidence.
(b) At the conclusion of the heating, the municipal court shall
determine whether the impoundment was proper, whether the towing or
storage fees charged were in compliance with the posted rates and who is
responsible for the payment of the fees.
(c) If the impoundment is found proper, the impoundment, towing, and
storage fees as permitted under this chapter together with court costs may
be assessed against the person or persons requesting the hearing.
(d) If the impoundment is determined to be in violation of this chapter,
then the registered and legal owners of the vehicle shah bear no
impoundment, towing, or storage fees, and any security shall be returned
or discharged as appropriate, and the person or agency who authorized the
impoundmerit shall be liable for any towing, storage, or other
impoundment fees permitted under this chapter. In addition, the court
shall enter judgment in favor of the registered and legal owners of the
vehicle for reasonable damages for loss of the use of the vessel or
watercraft during the time the same was impounded against the person or
agency authorizing the impound.
PASSED by the City Council this 15th day of June , 1995.
APPROVED by the Mayor this 16 th day of
ATTEST/AUTHENTICATE:
p~ AS~p'ER~
June , 1995.
JANET K. WEST, Mayor
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: June 21, 1995
EFFECTIVE DATE: June 21, 1995
ORDINANCE NO. 95-24
June 15. 1995