ORD 2003-04 VEHICLE CITATION & IMPOUNDMENT ON CITY ROW AND PROPERTY ORDINANCE NO. 2003 - 04
AN ORDINANCE of the City of Bainbridge Island, Washington,
authorizing the citation and impoundment of vehicles parked on
city right-of-way and city property, and adding a new Chapter
10.32 to the Bainbridge Island Municipal Code.
WHEREAS, the city council has determined that city officials should have the a{lthority
to cite and/or impound vehicles when doing so would serve the public interest; NOW,
THEREFORE
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A new Chapter 10.32 is added to the Bainbridge Island Municipal Code
as follows:
10.32.010 Purpose - Applicable state law.
The provisions of this chapter authorize the impoundment of vehicles upon city
right-of-way and city owned, leased or operated property, in accordance with
Chapter 46.55 RCW. Applicable provisions of Chapter 46.55 RCW, as now or
hereafter amended, are incorporated into this chapter by reference.
10.32.020 Impoundment Authorization.
Any vehicle parked on any city right-of-way or city owned, leased or operated
property in violation of any law, ordinance or regulation is subject to citation by
a law enforcement officer, and/or impoundment in accordance with this chapter
by the law enforcement officer or a public official having jurisdiction over the
right-of-way or property upon which the vehicle is located.
10.32.030 Impoundment without prior notice.
A vehicle subject to impoundment under this chapter may be impounded
without citation and without prior notice to its registered and legal owners under
the following circumstances:
A. When the vehicle is impeding, or is likely to impede, the normal flow of
vehicular or pedestrian traffic;
B. When the vehicle is parked in violation of a parking restriction sign, or
when the vehicle is interfering, or is likely to interfere, with the intended use of
the restricted parking zone;
C. When the vehicle poses an immediate danger to public safety;
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D. When a law enforcement officer has probable cause to believe that the
vehicle is stolen;
E. When a law enforcement officer has probable cause to believe that the
vehicle constitutes evidence of a crime or contains evidence of a crime, if
impoundment is reasonably necessary to obtain or preserve such evidence; or
F. When the vehicle is parked in violation of any city ordinance, and has
been issued four or more notices of the same parking violation, none of which
have been responded to in accordance with city ordinance for at least 45 days
from the issuance of the notice of violation.
10.32.040 Impoundment after notice.
A vehicle not subject to impoundment under Section 10.32.030 may be
impounded after it has been cited for a violation of any law, ordinance or
regulation, or when it is deemed a junk vehicle, as defined in RCW
46.55.010(4). A notice of impoundment, pursuant to RCW 46.55.085, shall be
securely attached to, and conspicuously displayed on, the vehicle for a period of
24 hours prior to impoundment.
10.32.050 Impoundment procedure.
A vehicle impounded pursuant to this chapter shall be towed and stored by a
tow operator selected in accordance with Section 10.32.090.
10.32.060 Notice of impoundment - Procedure for redemption.
A. Not more than 24 hours after impounding a vehicle, the tow operator
shall send by first- class mail to the last known registered and legal owners of
the vehicle (1) a notice containing the full particulars of the impoundment, the
redemption procedure, and the opportunity for a hearing to contest the validity
of the impoundment pursuant to RCW 46.55.120 and (2) forms for requesting
the hearing. The tow operator also shall give the notice and forms to any person
redeeming the vehicle within the 24-hour period.
B. The procedure for redemption of an impounded vehicle shall be in
accordance with Chapter 46.55 RCW.
10.32.070 Post impoundment hearing rights and procedure.
A. The registered or legal owner of the vehicle may request a hearing in the
city municipal court to contest the validity of the impoundment. The request for
a hearing shall be made on the form provided by the tow operator, and shall be
received by the city municipal court within 10 days (including Saturdays,
Sundays and holidays) of the date on which the notice and forms were mailed.
If the request for such a hearing is not received by the city municipal court
within the 10-day period, then the right to a hearing shall be deemed waived
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and the registered and legal owners shall be liable for any towing, storage and
other charges authorized by Chapter 46.55 RCW.
B. The procedure for the hearing to contest the validity of an impoundment
shall be in accordance with Chapter 46.55 RCW.
10.32.080 Other available remedies.
A citation issued to and/or impoundment of a vehicle pursuant to this chapter'
does not preclude the institution and prosecution of charges in the city
municipal court or other appropriate court for violation of any other provision
of this code.
10.32.090 Contract for towing and storage.
A. The finance director is authorized and directed to prepare specifications
for, and documents related to, the selection of tow operators for the towing and
storage of vehicles under this chapter. The specifications and documents shall
be approved by the city administrator.
B.. In awarding a contract to a tow operator, the finance director shall
consider, among other relevant factors, the following:
1. General experience in providing towing and storage services;
2. Conduct and performance with a city of similar size and job
scope or under a previous city towing contract demonstrating honesty,
promptness, skill, efficiency and vehicle owner satisfaction;
3. Existing availability of equipment, facilities, services and
personnel; and
4. Financial ability, storage capacity, location(s), types of services
and willingness to improve or expand available equipment, facilities and/or
services.
The contract shall be contingent upon proof that the tow operator is properly
licensed to do business in the city and registered and licensed by the state in
accordance with Chapter 46.55 RCW.
C. Subsequent to award of the contract, the finance director shall file a
written statement with the city clerk providing the name, address, telephone
number, facsimile number and email address of the contractor and the address
of each storage place. The finance director shall administer and enforce the
contract.
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D. The tow operator shall comply with all applicable laws, ordinances and
regulations, including Chapter 46.55 RCW and any regulations promulgated by
the finance-director for the handling and disposing of towed vehicles. The
finance director may cancel the contract upon evidence that the tow operator has
failed to comply with such laws, ordinances and regulations.
Section 2. This ordinance shall take effect and be in force on June 9, 2003.
PASSED by the City Council this 28th day of May, 2003.
APPROVED by the Mayor this 29th day of May, 2003.
b'~lene Kordo~'o~, Mayor
ATTEST/AUTHENTICATE:
Su~an Kasper, City Clerk
APPROVED AS TO FORM:
Rod Kaseguma, City Attorney
FILED WITH THE CITY CLERK: January 17, 2003
PASSED BY THE CITY COUNCIL: May 28, 2003
PUBLISHED: June 4, 2003
EFFECTIVE DATE: June 9, 2003
ORDINANCE NUMBER: 2003-04
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