HomeMy WebLinkAbout1977-2126 ORDINANCE NO.
AN ORDINANCE relating to public safety and morals; prohibiting the
placing or leaving of a vehicle or vehicle hulk on
the private property of another and prohibiting the
abandonment of a vehicle or vehicle hulk on public
property, and regulating the keeping of vehicle
11, hulks on private property; authorizing and adopting
procedures for impounding vehicles and vehicle hulks
and providing for their redemption; amending Sections
6.84.010, 6.84.020, 6.84.030, 6.84.040, 6.84.050,
6.84.080, 6.84.090, 6.84.100, 6.84.110 and Subsection
6.84.120 B, and enacting new Sections 6.84.035, 6.84.085
and 6.84.105, and repealing Sections 6.84.060, 6.84.130
an“.84.140, all of the City of Yakima Municipal Code;
and declaring an emergency.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.84.010 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"6.84.010 Definitions. As used in this chapter, unless
a different meaning clearly appears from the context, the
following terms shall have the following meaning ascribed
to them:
1. 'Abandoned vehicle on private property' means
any vehicle which remains for a period of twenty-
four hours or longer on, private property, in the
city, owned or occupied by a person other than
the vehicle owner without the express or implied
consent of the owner or occupant of the private
property.
2. 'Highway' shall mean the entire width between
the boundary lines of every way publicly main-
tained when any part thereof is open to the use
of the public for purposes of vehicular travel.
3. 'Impoundment' means the removal of a vehicle
or vehicle hulk to a storage facility or to
such safe place as the Chief of Police or his
agent may direct.
4. 'Owner' means the registered owner.
5. 'Vehicle' shall mean every device capable of
being moved upon a public highway and in, upon,
or by which any persons or property is or may
be transported or drawn upon a public highway,
excepting devices moved by human or animal power
or used exclusively upon stationary rails or tracks.
6. 'Vehicle hulk' shall mean the remnant or remains
of a motor vehicle which is inoperative and cannot
be mechanically operatad without the addition
of vital parts or mechanism and the application
of a substantial amount of labor to effect repairs,
or any wrecked, dismantled or inoperative vehicle,
or any part thereof."
Section 2. Section 6.84.020 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"6.84.020 Abandonment of vehicle or vehicle hulk and keep-
in: of vehicle hulk .rohibited--Exceetions--Penalt .
A. It is unlawful for any person to intentionally place and
411 leave any vehicle or vehicle hulk on private property owned or
occupied by a person other than the owner of the vehicle or vehicle
hulk without the express or implied consent of such owner or occu-
pant of the private property.
B. It is unlawful for any person to intentionally place or
leave a vehicle hulk on a highway or portion thereof.
C. It is unlawful for any person, firm or corporation, as
owner or occupant of private property, to place or keep any vehicle
hulk upon such private property unless:
1. Such vehicle hulk is completely enclosed within a building,
or the property is otherwise screened or fenced so that such
vehicle hulk is not visible from other private or public
property; or
2. The vehicle hulk is stored or parked on private property in
connection with the business of a licensed dismantler or
dealer and such property is fenced according to the provisions
of R.C.W. 46.80.130.
D. Each separate day of any continuing violation of Subsec-
tion A through C of this section constitutes a separate offense.
E. It is unlawful to in any way hinder or obstruct any tow
truck operator while taking custody of or towing any vehicle or
vehicle hulk impounded pursuant to this chapter.
F. Any person convicted of violating any provision of this
section shall be punished by a fine of not more than $250 or by
imprisonment in the city jail facility for not more than 90 days."
Section 3. Section 6.84.030 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"6.84.030 Vehicle impoundment without prior notice.
A. Any vehicle may be impounded without giving prior notice
to its owner under the following circumstances:
1. When any vehicle is impeding or may impede the flow of traffic; or
2. When any vehicle poses an immediate danger to the public safety;
• or
3. When any police officer has probable cause to believe that
the vehicle is stolen; or
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4. When the operator of any vehicle is arrested or
placed in custody, or in the event that the operator
of a vehicle has been incapacitated, and the opera-
tor is physically or mentally incapable of decid-
ing or is unwilling to decide upon steps to be
taken for its care and keeping and there is no
411 other willing person present with authority to
take custody of the vehicle or decide upon steps
to be taken for its care and keeping; or
5. When any vehicle is mechanically defective so as
to be an immediate danger to persons or property;
or
6. When any vehicle is blocking any driveway; or
7. When any vehicle is blocking ingress or egress
to City of Yakima property or to any part thereof;
or
8. When any vehicle is parked or left unattended on
a highway and is impeding or may impede construc-
tion, maintenance or repair of such highway or
utility therein, in violation of any temporary
sign or barricade prohibiting parking on or entry
into such highway, or any portion thereof, when
such sign or barricade has been placed under the
direction of the City of Yakima Director of Public
Works or his designee to facilitate construction,
repair or maintenance of such public highway or any
utility within such public highway, and when such
sign or barricade notifies that vehicles parked
or left unattended in violation thereof are sub-
ject to impound by inclusion of the words 'subject
to impound', 'tow away zone' or words of similar
import; or
9. When any vehicle is parked or left unattended in
violation of any provision of Section 9.50.510
of the City of Yakima Municipal Code and such
vehicle is impeding or may impede street cleaning;
or
10. When any vehicle is parked or left unattended in
a marked loading zone posted with a sign notify-
ing that vehicles parked in violation thereof
are subject to impound by the inclusion on the
sign of the words 'subject to impound', 'tow
away zone' or words of similar import."
Section 4. Section 6.84.035 is hereby enacted as a new section
of the City of Yakima Municipal Code to read as follows:
"6.84.035 Abandoned vehicle and vehicle hulk impound-
ment after notice.
A. Any vehicle not subject to impoundment under Sec-
tion 6.84.030 of the City of Yakima Municipal Code, or vehicle
hulk may be impounded as a nuisance provided:
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1. Such vehicle or any portion thereof or vehicle
hulk or any portion thereof remains in substan-
tially the same location upon any portion of
a highway for twenty-four consecutive hours or
longer; and
411 2. Such vehicle or vehicle hulk remains in substantially
the same location for an additional fourteen conse-
cutive days after notice is given by the Chief
of Police or his agent pursuant to Subsections
C, D or E of this section, and such notice is
prominently displayed upon such vehicle or vehicle
hulk.
B. No vehicle or vehicle hulk shall be impounded pur-
suant to this section if the owner or operator of such vehicle
or vehicle hulk is unable to remove such vehicle or vehicle
hulk from the highway where it is located and notifies the
Chief of Police or his agent and requests assistance, or
such owner or person authorized by the owner makes timely
request for a hearing as provided in this section.
C. When any vehicle or vehicle hulk subject to impound-
ment under Subsection A of this section displays proper cur-
rent registration or license plates so that the owner may
be ascertained, or when the owner of the vehicle or vehicle
hulk is determined by the Police Department from other infor-
mation available, then the Chief of Police or his agent shall
send notice, substantially as appears below, to such owner
by certified mail, return receipt requested:
NOTICE OF IMPOUNDMENT
Notice is hereby given to the owner,
of a vehicle or vehicle hulk described as a
(description--make, model, year, license number and
motor number)
located at that it will be
(address)
impounded by authority of City of Yakima Municipal Code,
Section 6.84.035 A, if such vehicle or vehicle hulk is
not removed from its present location within fourteen
days of
(date)
You are further notified that such vehicle or vehicle
hulk will not be impounded if you request a hearing by
personally delivering to, or by mailing to, the Yakima
Police Department, 129 N. 2nd Street, Yakima, Washing-
. ton, 98901, a copy of the following 'Request for Pre-
Impoundment Hearing' within fourteen days from the
date specified above.
Signed:
Chief of Police of the City
of Yakima
By
Agent
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IN THE YAKIMA COUNTY DISTRICT COURT
CITY OF YAKIMA, a
municipal corporation, ) REQUEST FOR PRE-IMPOUNDMENT
)) HEARING
v .
) No.
(owner s name)
I, as owner of the vehicle or vehicle hulk listed
above, request a hearing to contest the validity of
the proposed impoundment of the vehicle or vehicle hulk
described in the foregoing Notice of Impoundment; and
I understand that this request must be returned to
the Yakima Police Department before the date listed
in the 'Notice of Impoundment'.
Dated:
(signature of owner)
(address and telephone)
Upon timely receipt of any request for pre-impoundment
hearing, the vehicle or vehicle hulk listed therein
shall not be impounded and the Chief of Police or his
agent shall cause such request to be filed in court
on the next court day, following receipt of the notice.
D. If the Chief of Police or his agent has actual
knowledge that an owner of a vehicle or vehicle hulk
subject to impound under Subsection A of this section
is residing at an address different from that ascer-
tained from the vehicle registration certificate,
license plate information, or other public record, and
if such different address is known to the Chief of
Police or his agent who gives the notice, then a copy
of the notice contained in Subsection C of this sec-
tion shall be mailed by certified mail, return receipt
requested, addressed to that known address, or personally
served upon such owner.
E. When any vehicle or vehicle hulk subject to
impound under this Subsection A of this section does
not contain proper current registration or license
information or when the owner of the vehicle or vehicle
hulk cannot be found from information available, the
• Chief of Police or his agent shall cause notice to be
published once in the City's legal newspaper. Such
notice shall be substantially as follows:
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IMPOUNDMENT NOTICE
Notice is hereby given to the owner of the follow-
ing described vehicle or vehicle hulk:
111 (make, model,
year of vehicle or vehicle hulk, motor number and
abandoned upon a highway within the City
license number)
of Yakima that such vehicle or vehicle hulk shall be im-
pounded by authority of City of Yakima Municipal Code
Section 6.84.035 A if such vehicle or vehicle hulk is
not removed from its present location within 14 days of
the date of publication of this notice.
Said vehicle or vehicle hulk will not be impounded
if its owner personally delivers to, or mails to, the
Yakima Police Department, 129 North 2nd Street, Yakima,
Washington, 98901, a Request for Pre-Impoundment Hear-
ing in substantially the form provided by Section
6.84.035 C of the City of Yakima Municipal Code, within
14 days of the date of publication of this notice.
Signed:
Chief of Police of the
City of Yakima
By
Agent"
Section 5. Section 6.84.040 of the City of Yakima Municipal Code
is hereby amended to read as follows:
"6.84.040 Impounded vehicle--Storage. Vehicles
and vehicle hulks impounded pursuant to Sections 6.84.030
or 6.84.035 of this chapter shall be removed to a place
of storage designated or maintained by the Police Depart-
ment or to such other place of safety as the Chief of
Police may direct. In the event private towage and storage
services are used the Police Department shall provide the
private firm with a written order to tow and store the vehicle
or vehicle hulk."
Section 6. Section 6.84.050 of the City of Yakima Municipal Code
410 is hereby amended to read as follows:
"6.84.050 Impounded vehicle--Report and notice. When
a vehicle or vehicle hulk is impounded pursuant to this chap-
ter, the Chief of Police shall report the same to the Chief
of the Washington State Patrol and the Sheriff of Yakima
County, and shall give notice to the registered or legal owner
thereof, if the name and address of the owner can be ascer-
tained or is otherwise known."
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Section 7. Section 6.84.080 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"6.84.080 Redemption of impounded vehicle or vehicle
hulk.
111 A. Any vehicle impounded pursuant to Section 6.84.030
of the City of Yakima Municipal Code shall be redeemed
only under the following circumstances:
1. Only the owner, a person authorized in writing
by the owner, or a person who has purchased a
vehicle from the owner, who produces proof of
ownership or authorization satisfactory to
the Chief of Police or his agent and to the
operator of the impounding facility may redeem
an impounded vehicle on the signing of a receipt
therefor.
2. Any person so redeeming a vehicle impounded
pursuant to this chapter shall pay to the tow
truck operator the costs of impoundment, towing
and storage prior to redeeming such vehicle,
and the operator of the impounding facility
shall accept commercially reasonable tender,
which tender shall include but shall not be
limited to cash, personal checks drawn on local
banks with proper identification and valid and
appropriate credit cards; provided, that no
such payment need be made to redeem the vehicle
on the exercise of the procedure prescribed
by sub-paragraph 3 of this Subsection A.
3. Any person seeking to redeem a vehicle impounded
pursuant to Section 6.84.030 of the City of Yakima
Municipal Code has a right to a hearing to con-
test the validity of the impoundment and/or
the amount of towing and storage fees, and such
person shall have his or her vehicle released
when such person files with the Police Department
a written and signed request for a post impound-
ment hearing which request shall read substantially
as follows:
'IN THE YAKIMA COUNTY DISTRICT COURT
CITY OF YAKIMA, a )
municipal corporation, ) REQUEST FOR POST
) IMPOUNDNENT HEARING
v. )
)
)
(Name of owner or agent) )
as owner or owner's
(full name)
agent of a
(vehicle description-make-model-year-license
number and motor number)
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hereby request a hearing to contest the validity
of its impoundment on at
(date)
and/or the amount
(place - street address)
of towing and storage fees.
Grounds for contesting the validity of the impound-
ment or amount of fees:
I understand that if I fail to appear at the time
set for hearing, in accordance with a notice to be
furnished me by the court, judgment will be entered
against me for the amount of my promissory note payable
to the City of Yakima, given in connection with this
request for hearing, together with towing and storage
fees and additional court costs.
Dated
(signature of owner or agent)
(address)
(telephone number)
The Chief of Police or his agent shall cause such
request to be filed in court on the next court
day. At the time of requesting such hearing, such
person shall also execute a promissory note in
the sum of Three Hundred Dollars, in addition
to the actual towing and storage fees incurred,
which note shall become due and owing as a civil
• penalty to the City of Yakima in the event such
person either:
a. fails to appear at the post impoundment hear-
ing, or
b. fails to pay immediately upon judgment any
towing or storage fees for which such person
may be found liable at such hearing.
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Such promissory note shall be deemed cancelled
when such person either cancels his request for
post impoundment hearing and pays the towing
and storage charges plus court costs, or immediate-
ly after judgment pays the towing and storage
fees together with court costs after having been
41 1- found liable therefor at the post impoundment
hearing.
B. Any vehicle or vehicle hulk impounded pursuant to
Section 6.04.035 of the City of Yakima Municipal Code shall
be redeemable by its owner, a person authorized in writing
by the owner, or a person who has purchased the vehicle
or vehicle hulk from the owner, who produces proof of
ownership or authorization satisfactory to the Chief of
Police or his agent and the tow truck operator, and com-
plies with the following conditions:
1. Such person makes payment of towing and storage
fees. The tow truck operator shall accept com-
mercially reasonable tender, which tender shall
include but shall not be limited to cash, personal
checks drawn on local banks with proper identi-
fication and valid and appropriate credit cards.
2. Such person signs a receipt for such vehicle or
vehicle hulk."
Section 8. Section 6.84.085 is hereby enacted as a new section
of the City of Yakima Municipal Code to read as follows:
"6.84.085 Pre and post impoundment hearing procedure.
Venue for hearings requested pursuant to this chapter shall
be in the Yakima County District Court which shall determine
whether the impoundment was valid and/or the towing and
storage fees charged in such connection were reasonable."
Section 9. Section 6.84.090 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"6.84.090 Tow truck operator as agent of Police Chief.
The Chief of Police may appoint any tow truck operator
engaged in removing and storing vehicles and vehicle hulks
and operation of an impoundment facility for vehicles and
vehicle hulks as agent of the Chief of Police for the pur-
pose of impounding, holding, and storing and disposing
of vehicles and vehicle hulks impounded pursuant to this
chapter. Each such appointment shall be contingent upon
• the submission of an application to the Chief of Police
and the making of subsequent reports in such form and
frequency as may be required by rule and regulation adopted
by the Chief of Police, and upon the posting with the City
Clerk of a surety bond in the amount of Three Thousand
Dollars, subject to approval as to form by the City Attor-
ney, to insure compliance with the provisions and require-
ments of this chapter and conditioned to compensate the
owner of any vehicle or vehicle hulk which may be unlawfully
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sold as the result of any negligence or misconduct of
the tow truck operator. Any such appointment may be
cancelled by the Chief of Police upon his determination
that the appointed tow truck operator is not complying
with all laws, rules and regulations relative to the
handling and disposition of abandoned vehicles and vehicle
111 hulks."
Section 10. Section 6.84.100 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"6.84.100 Tow truck operators--Notice of custody
of impounded vehicle.
A. When any tow truck operator shall take custody
of any vehicle or vehicle hulk for which he has a written
order to tow and store pursuant to Section 6.84.040 of
the City of Yakima Municipal Code, the operator shall
remove such vehicle or hulk to the impounding facility
for storage without delay.
B. Within five days after receiving custody of a
vehicle or vehicle hulk impounded pursuant to this chapter,
the tow truck operator shall give notice of his custody
to the Department of Motor Vehicles and the Chief of the
Washington State Patrol and within five days after having
received the name and address of the owner, he shall then
ascertain from the Chief of Police or his agent if he has
actual knowledge that a legal or registered owner is resid-
ing at some address different from that contained in Depart-
ment of Motor Vehicles records and such tow truck operator
shall notify the registered and legal owner, at the owner's
most current address, of the impoundment, with copies of
such notice being sent to the Chief of Police, the Chief
of the Washington State Patrol and the Department of Motor
Vehicles. The notice to the legal and registered owner
shall be sent by the tow truck operator to the last known
address of each owner appearing on the records of the Depart-
ment of Motor Vehicles, and such notice shall be sent by
registered or certified mail with a return receipt requested.
Such notice shall contain a description of the vehicle
or vehicle hulk including its license numbers and/or motor
number if obtainable and shall state the amount due the
tow truck operator for towing and storage, the method
of redemption of such vehicle or vehicle hulk and the time
and place of public sale if the vehicle or vehicle hulk
remains unredeemed.
C. When any vehicle or vehicle hulk is impounded
• pursuant to this chapter and such vehicle does not con-
tain proper current registration or license information
or when the owner cannot be found from information avail-
able, then the tow truck operator having custody of such
vehicle or vehicle hulk shall, within 10 days of taking
custody of such vehicle or vehicle hulk, cause a notice
to be published once in the City's legal newspaper, which
notice shall read substantially as follows:
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NOTICE OF VEHICLE IMPOUNDMENT AND SALE
Notice is hereby given to the legal and registered
owner of the following described vehicle or vehicle
hulk:
(make, model, year of vehicle or vehicle
110 hulk, motor no. and license no.)
that the vehicle or hulk has been impounded and will
be sold at public auction on
(date and time)
at unless redeemed by contact-
(place)
ing the Yakima Police Department within 15 days of the
date of publication of this notice. The amount owed
for towing and storage is $
(amount)
tt
(name and address of tow truck
opera tor)
Section 11. Section 6.84.105 is hereby enacted as a new section
of the City of Yakima Municipal Code to read as follows:
"6.84.105 Impounded vehicle--Disposition. Any vehicle
or vehicle hulk impounded pursuant to this chapter and
left unclaimed for a period of fifteen days shall be deemed
to be abandoned, and at the expiration of such period
said vehicle or vehicle hulk shall be deemed to be in
the custody of the sheriff of Yakima County, and said
sheriff or his designee shall deliver the vehicle or
vehicle hulk to a tow truck operator who shall dispose
of such vehicle or vehicle hulk in the manner provided
in R.C.W. 46.52.111 and 46.52.112, provided, that if the
vehicle is of a model year ten or more years prior to the
calendar year in which such vehicle is stored, the sheriff
of Yakima County is authorized to declare that such
vehicle is a public nuisance and may dispose of such
vehicle without notice of sale, and in such case the
Director of Motor Vehicles shall issue an appropriate
bill of sale to the tow truck operator to dispose of the
vehicle as he may determine."
Section 12. Section 6.84.110 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"6.84.110 Tow truck operator--Sale of impounded vehicle or
vehicle hulk--Proceeds of sale. If, after the expiration of
411 fifteen days from the date of mailing of notice, as provided
in Section 6.84.100 of this chapter, to the registered and
legal owner, the vehicle or vehicle hulk remains unclaimed
and has not been listed as a stolen or recovered vehicle
then the tow truck operator having custody of such vehicle
or vehicle hulk shall conduct a sale of the same at public
auction after having first published a notice of the
date, place and time of such auction in a newspaper of
general circulation in the county in which the vehicle
is located not less than three days before the date of
such auction. Such vehicle or vehicle hulk shall be sold
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at such auction to the highest bidder. The proceeds
of such sale, after deducting the towing and storage
charges due the tow truck operator, including the costs
of sale, which shall be computed as in a public auction
of personal property by the sheriff, shall be certified
one-half to the County Treasurer of Yakima County to be
410 credited to the county current expense fund, and one-half
to the State Treasurer to be credited to the Highway
Safety Fund. If the amount bid at the auction is insuf-
ficient to compensate the tow truck operator for his
towing and storage charges and the costs of sale, such
tow truck operator shall be entitled to assert a claim
for any deficiency, not to exceed one hundred dollars,
less the amount bid at the auction, against whomever may
under this chapter be liable therefor. A registered owner
who has complied with R.C.W. 46.52.104 shall be relieved
of liability under this section."
Section 13. Subsection 6.84.120 B of the City of Yakima
Municipal Code is hereby amended to read as follows:
"6.84.120 Abandoned vehicle and vehicle hulk on
Private property--Declaration of nuisance--Abatement pro-
cedure.
B. Notice of intent to abate. Before the removal
and impoundment of any such abandoned vehicle or vehicle
hulk, the Chief of the Yakima Police Department shall
cause written notice to be given substantially in the
form hereinafter provided to the last registered owner
of record of such abandoned vehicle or vehicle hulk,
or to such other current owner as may be determined by
the Police Department from the information available,
and to the property owner of record upon whose property
the abandoned vehicle or vehicle hulk is located that
a public hearing may be requested before the City Council,
and that if no hearing is requested the abandoned vehicle
or vehicle hulk will be removed and impounded and costs
assessed in accordance with this chapter. Such notice
shall be in substantially the following form:
'NOTICE OF INTENTION TO ABATE NUISANCE
City of Yakima (Date of mailing)
v.
Ilk
and
NOTICE IS HEREBY GIVEN that the storage or retention of the
abandoned vehicle or vehicle hulk described as follows:
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(Description of vehicle)
at
(Location where vehicle is found)
constitutes a public nuisance in violation of the laws
of the City of Yakima and the City intends to remove and
abate said nuisance.
You are hereby advised that a public hearing before the
Yakima City Council may be held on the issues of impound-
ment and liability for the costs therefor. Recipients
of this notice have, as a matter of right, 15 days from
the above mailing date to request a public hearing before
the Yakima City Council by filing such a request with the
Yakima City Clerk. This hearing is NOT automatic and if
no request for a hearing is received by the Yakima City
Clerk either by letter or in person within the time
specified above, the vehicle will be removed, and liability
for costs of abatement or impound will be assessed against
one or both of the above-named individuals in accordance
with Chapter 6.84 of the City of Yakima Municipal Code.
Chief of Police for the City of
Yakima"
Section 14. Sections 6.84.060, 6.84.130 and 6.84.140 of the
City of Yakima Municipal Code are hereby repealed.
Section 15. This ordinance is one to provide for the immediate
preservation of the public peace, property, health, safety and wel-
fare of the people of the City of Yakima and an emergency is hereby
declared to exist and this ordinance shall be in full force and
effect immediately upon its passage, approval and publication as
provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 3/ day
of ct , 1977.
a 92e,721-den
411 V Mayor
ATTEST:
w I
City Clerk
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