HomeMy WebLinkAbout2007-041 Unauthorized Vehicle Impounds; YMC Amendment 9.47.040ORDINANCE NO. 2007 - 41
AN ORDINANCE relating to vehicle impounds; amending section 9.47.040 to be
consistent with the numbering of the ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Section 9.47.040 of the City of Yakima Municipal Code is amended to read as
follows:
9.47.040 Unauthorized vehicle.
A. Immediate Public Impound. Unauthorized vehicles pursuant to Section
9.47.010(J)(1)(a) may be immediately impounded by a registered tow truck operator at the
direction of a law enforcement officer. A public works department employee under written
designation by the public works director may authorize impoundment of vehicles pursuant to
Section 9.47.010(J)(1)(a)(i), (v) or (vi) in accord with procedures of this chapter or other
applicable code sections.
B. Public Impound after Forty -Eight Hours. Unauthorized vehicles pursuant to Section
9.47.010(J)(1)(a)(ii)(b) may be impounded when the vehicle has remained substantially in that
same location for an additional forty-eight hours after notice is given by a law enforcement
officer pursuant to subsections (1) and (2) as follows:
(1) The law enforcernent officer shall securely attach to and conspicuo=_isly aispiay on
the vehicle a notification sticker. The chief of police or an autnorized designee shaii
design the sticker in compliance with ROW 46.55.085
(2) If the vehicle has current registration plates, the officer shall check the records to
learn the identity of the last owner of record and the officer or the agency shall make
a reasonable effort to contact the owner by telephone in o; der to give the owner the
information on the notification sticker.
C. Immediate Private Impound. Unauthorized vehicles pursuant to Section 9.47.010(J)(2)
may be immediately impounded by a registered tow truck operator at the direction of the
property owner or his agent. A law enforcement officer may also direct the impoundment
pursuant to a writ or court order.
D. Posting Requirements—Exception. No person may impound, tow, or otherwise
disturb any unauthorized vehicle standing in nonresidential private property or in a public
parking facility for less than twenty-four hours unless a sign is posted near each entrance and
on the property in a clearly conspicuous and visible location to all who park on such property
that clearly indicates:
(1) The times a vehicle may be impounded as an unauthorized vehicle;
(2) The name, telephone number and address of the towing firm where the vehicle may
be redeemed; and
(3) Such signs shall be of a type, size and placed so as to conform with department
rules and regulations.
E. Signed Authorization. The person requesting a private impound or the law
enforcement officer or the public official requesting a public impound shall provide a signed
authorization for the impound at the time and place of the impound to the registered tow truck
operator before the operator may proceed with the impound. A registered tow truck operator
may not serve as an agent of a property owner for the purposes of signing an impound
authorization.
F. Other Violations. A law enforcement officer may authorize impoundment of vehicles
on public or private property for other violations, in accord with the procedures of this chapter or
other applicable code sections.
G. Notice of Impound. The impounding towing operator, shall notify the legal and
registered owners of the impoundment of the vehicle as shown on department records. The
notification shall be sent by first-class mail within twenty-four hours after the impoundment to
the last known registered and legal owners of the vehicle, the addresses of whom shall be
provided by the chief of police or an authorized designee. The notification shall include the
name of the impounding tow firm, its address and telephone number. the location and time of
the impound, and by whose authority the vehicle was impounded. The notice shall also include
the written notice of the right of redemption and opportunity for a hearing to contest the validity
of the impoundment pursuant to Section 9.47.040(H), (I), (J) and (K).
H. Redemption. Vehicles may be redeemed from such operator only under the following
circumstances:
(1) Impounded vehicle may be redeemed by only:
a. A legal owner; or
b. The registered owner; or
c. A person authorized in writing by the registered owner or the vehicle's insurer; or
c d_One who has purchased the vehicle from the registered owner and who
produces proof of ownership or written authorization, and who signs a receipt
acknowledging delivery of the vehicle; provided, that a person redeeming a
vehicle pursuant to subsection (1)(b), (c) or (d) of this subsection shall sign an
agreement in the following form.
RECEIPT/HOLD HARMLESS AGREEMENT
I claim a present right of possession as (circie one) (registered owner) (person
authorized in writing by the registered owner) (person authorized in writing by the
vehicle's insurer) (one who has purchased the vehicle from the registered owner) in
(vehicle make, model, year, license number, and motor number)
and, I acknowledge receipt of this vehicle from
tow truck operator -business name
I understand that by allowing me to redeem this vehicle the City may be subject to
liability for damages to the legal owner. I agree to defend, indemnify, and hold
harmless the City of Yakima, its officers, agents, and employees against all claims of
liability involving release of the vehicle to me.
Date of signature
Signature
(Address)
Witness:
(2) No vehicles impounded pursuant to Section 9.47.010(J)(1)(a)(i)-(xvi) of this chapter
shall be released without written authorization for release by the chief of police or
and authorized designee.
(3) The vehicle shall be released upon conditions stated herein, including the
presentation to any person having custody of the vehicle of commercially reasonable
tender sufficient to cover the costs of towing, storage, or other services rendered
during the course of towing, removing, impounding, or storing any such vehicle
(4) In accord with RCW 46 55 120(1)(e), any person who stops payment on a personal
check, or does not make restitution within ten days from the date a check becomes
insufficient due to lack of funds, to a towing firm that has provided a service pursuant
to this section or in any other manner defrauds the towing firm in connection with
services rendered pursuant to this section shall be liable for damages in the amount
of twice the towing and storage fees, plus costs and reasonable attorney's fees
I. Hearings. The registered tow truck operator shall give to each person who seeks to
redeem an impounded vehicle written notice of the right of redemption and opportunity for a
hearing, which notice shall be accompanied by a form to be used for requesting a hearing, and
a copy of the towing and storage invoice The notice shall further reflect that the written hearing
request must be received by the City of Yakima Municipal Court within ten days of date of
issuance, that the consequence of failing to request a hearing is waiver of that right and the
registered owner's liability for all towing, storage and related costs and that the party requesting
the hearing may be found liable for said costs. The registered tow truck operator shall maintain
a record evidenced by the redeeming person's signature that such notification was provided
and the date it was provided
(1) Any person seeking to redeem an impounded vehicle under this section has a right
to a hearing in Yakima County Municipal Court to contest the validity of the
impoundment or the amount of towing and storage charges. Any request for a
hearing shall be made in writing on the form provided for that purpose and must be
received by the court within ten calendar days of the date the notice was provided
for in subsection (1) of this section. If the hearing request is not received by the court
within the ten-day period, the right to a hearing is waived and the registered owner is
liable for any towing, storage, or other impoundment charges permitted under this
chapter Upon receipt of a timely hearing request, the court shall proceed to hear
and determine the validity of the impoundment.
(2) The court, within five days after the request for a hearing, shall notify the registered
tow truck operator, the person requesting the hearing if not the owner, the city
attorney in the event of public impound, the registered and legal owners of the motor
vehicle, and the person or agency authorizing the impound in writing of the hearing
date, time and place
(3) 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
(4) At the conclusion of the hearing, the 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 payment of the fees.
(5) If the impoundment is found proper, the impoundment, towing and storage fees as
permitted under this chapter together with court costs of $40 00 shall be assessed
against the person or persons requesting the hearing, registered owner or other
responsible party unless the operator did not have a signed and valid impoundment
authorization from a private property owner or an authorized agent. In that case, or
for just cause, the operator forfeits towing and storage fees.
(6) If the impoundment is determined to be invalid, then the registered and legal owners
of the vehicle shall bear no impoundment, towing, or storage fees, and any bond or
other security shall be returned or discharged as appropriate, and the person or
agency who authorized the impoundment, or other responsible party, shall be liable
for any towing, storage, or other fees permitted under this chapter, unless fees are
adjudged forfeited or ordered paid by another
(7) The city shall have no obligation to pay any impoundment, storage, penalty, or other
charges incurred where the registered tow truck operator fails to give proper notices,
furnish forms, maintain records, or furnish, without charge, proper documentation of
the same when required in any hearing to determine liability, or where the towing
company otherwise violates the provisions of this chapter
(8) The court may assess, allocate, or deny fees in whole or part against any party or
may impose conditions on payment.
J Promissory Note In the event a legal or registered owner requests a hearing under
the terms of this section, the impounded vehicle shall be released to such owner without
charge, provided, that such owner requests such release and executes a promissory note to the
city of Yakima sufficient to cover the costs of towing, storage, or other services rendered during
the course of towing, removing, impounding or storing any motor vehicle plus a penalty for
failure to make timely payment. Such promissory note shall be in substantially the following
form.
VEHICLE IMPOUNDMENT PROMISSORY NOTE
I promise to pay to the City of Yakima, at its police department offices at 200 South
Third Street, Yakima, Washington, the sum of
(total amount of all towing, impoundment, storage and related fees)
within thirty days of the date set by the Yakima Municipal Court for the impounded
vehicle hearing which I have requested concerning the impoundment of the following
described motor vehicle
(Vehicle make, model, year, license number)
I further promise to pay the City of Yakima at its police department office the additional
penalty amount of three hundred dollars in the event that I fail to pay the amount listed
in the preceding paragraph when due Notice of default and demand are hereby waived
In the event court action is necessary to collect this note the City of Yakima shall be
entitled to court costs and reasonable attorney fees
Signature
Address
Telephone Number
Name and Address of Employer
Driver's License Number
In the event the signator of a vehicle impoundment promissory note shall appear at a
hearing and pay immediately any judgment rendered against him, such promissory note shall
be deemed cancelled.
K. Sale Any impounded abandoned vehicle not redeemed within fifteen days of mailing
of the notice of custody and sale as required by RCW 46.55 110(2) shall be sold at public
auction in accordance with all the provisions and subject to all the conditions of RCW
46 55 130 A vehicle may be redeemed any time before the start of the auction upon payment
of towing, storage and the related fees.
Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval,
and publication as provided by law and by the City Charter
ADOPTED BY THE CITY COUNCIL this 7th day of Au• t, 2007
ATTEST
City Clerk
Publication Date August 10, 2007
Effective Date September 9, 2007
David Edler, Mayor
7
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No tr$_
For Meeting of August 7, 2007
ITEM TITLE Relating to vehicle impounds, amending section 9 47 040 to be consistent with the
numbering of the ordinance
SUBMITTED BY Assistant City Attorney Bronson Faul
CONTACT PERSON/TELEPHONE. Assistant City Attorney Bronson Faul, 575-6033
SUMMARY EXPLANATION This is a technical housekeeping matter The city ordinance
relating to vehicle impounds was completely reorganized in 2006 There is currently one
citation that needs amended to be consistent with the numbering of the remainder of the
ordinance
Resolution Ordinance X_Contract _ Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL. �� 1
City Manager
STAFF RECOMMENDATION It is recommended that the Council adopt the changes
being proposed
BOARD/COMMISSION RECOMMENDATION The Council Public Safety Committee
unanimously recommends that the Council adopt the changes
COUNCIL ACTION