HomeMy WebLinkAbout1988-3075 REGULATING VEHICLE IMPOUNDMENT �� �� �� ��
ORDINANCE NO. ���� � ��
AN ORDINANCE relating to traffic; regulating vehicle impoundment;
exercising municipal powers in accord with RCW Chapter 46.55;
repealing Chapter 6.84 of the City of Yakima Municipal Code
and all its sections; amending subsection B of section
9.46.020 of the City of Yakima Municipal Code; and enacting
���N
��� Chapter 9.48 "Vehicle Impounds" as a new chapter and sections
=�' thereof of the City of Yakima Municipal code.
BE IT 0BDAI0TD BY THE CITY OF YAKIMA:
Section 1. Chapter 6.84 of the City of Yakima Municipal Code and each
and every section thereof, are hereby repealed.
Section 2. Simultaneous with the repeal of Chapter 6.84 of the City of
Yakima Municipal Code, as effected by Section 1 of this ordinance, Chapter
9.48 "Vehicle Impounds" is hereby enacted which shall consist of the
following sections:
"Chapter 9.48
Vehicle Impounds
9,48.010 Definitions. The definitions set forth in this section apply
throughout this chapter:
1. 'Abandoned vehicle' means a vehicle that a registered tow truck
operator has impounded and held in his possession for ninety-six consecutive
hours.
2. 'Abandoned vehicle report' means the document prescribed by the
state that the towing operator forwards to the department after a vehicle has
become abandoned.
3. 'Commission' means the State Commission on Equipment established
under RCW 46.37.005.
3a. 'Department' is Washington State Department of Licensing.
4. 'Impound' means to take and hold a vehicle in legal custody. There
are two types of impounds -- public and private.
a. 'Public impound' means that the vehicle has been impounded at
the direction of a law enforcement officer or by a public official having
jurisdiction over the public property upon which the vehicle was located.
b. `Private impound' means that the vehicle has been impounded at
the direction of a person having control or possession of the private
property upon which the vehicle was located.
5. 'Junk vehicle' means a motor vehicle certified by the chief of
police or his designee as meeting all the following requirements:
a. Is three years old or older;
b. Is extensively damaged, such damage including, but not limited
to, any of the following: A broken window or windshield or missing wheels,
tires, motor, or transmission;
c. Is apparently inoperable;
d. Is without a valid, current registration plate;
e. Has a fair market value equal only to the value of the scrap
in it.
6. 'Registered tow truck operator' or 'operator' means any person who
engages in the impounding, transporting, or storage of unauthorized vehicles
or the disposal of abandoned vehicles. Registered operators are registered
under RCW 46.55.020,
7. 'Residential property' means property that has no more than four
living units located on it.
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' —
8. 'Tow truck' means a motor vehicle that is equipped for and used in
the business of towing vehicles with equipment as approved by the commission.
9. 'Tow truck number' means the number issued by the department to tow
trucks used by a registered tow truck operator in the state of Washington.
10. 'Tow truck permit' means the permit issued annually by the
department that has the classification of service the tow truck may provide
stamped upon it.
11. 'Tow truck service' means the transporting upon the public streets
and highways of this state of vehicles, together with personal effects and
cargo, by a tow truck of a registered operator.
12. 'Unauthorized vehicle' means a vehicle that is subject to
impoundment after being left unattended in one of the following public or
private locations for the indicated period of time:
subject to
removal
after:
a. Public locations:
i. As described in
Section 9.48.565 of this Immediately
chapter
ii. In a publicly owned or
controlled public parking Immediately
facility, properly posted
under Section 9.48.070
of this chapter
b. Private locations:
i, On residential property Immediately
ii. On private, nonresidential
property, properly posted Immediately
under Section 9.48.070 of
this chapter, or other
applicable authority
iii. On private, nonresidential
property, not posted 24 hours
c. Nothing herein precludes impoundment or removal of vehicles or
other personal property pursuant to other lawful authority.
13. 'Unattended nuisance vehicle' means a vehicle not within the
meaning of Section 9.48.010 (12) but which hereby is subject to impound after
remaining in substantially the same location for twenty -four consecutive
hours or longer upon any portion of a highway or a parking lot operated by
the City for public parking and after the vehicle has remained substantially
in that same location for an additional fourteen consecutive days after
notice is given by the chief of police or his agent pursuant to subsections a
or b as follows:
a. When the vehicle displays proper current registration or
license plates so that the owner may be ascertained, or when the owner of the •
vehicle is determined by the police department from other information avail-
able, then the chief of police or his agent shall send notice, substantially
as appears below, to such owner by certified mail, five -day return receipt
requested:
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"NOTICE OF IMPOUNDMENT"
"Notice is hereby given to the owner,
of a vehicle described as a
(description -- make, model, year, license number and motor numter) located
at (address) that it will be
impounded by authority of City of Yakima Municipal Code, Section 9.48.010
(13), if such vehicle is not removed from its present location within
fourteen days of _ _ (date) .
You are further notified that such vehicle 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, Washington, 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
"IN THE YAKIMA COUNTY DISTRICT COURT
"CITY OF YAKIMA, a )
municipal corporation, ) REQUEST FOR PRE -
v. ) IMPOUNDMENT HEARING
)
) No.
(owner's name) )
)
)
"I, as owner of the vehicle listed above, request a hearing to contest
the validity of the proposed impoundment of the vehicle 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)
n
(address and telephone)
b. If the chief of police or his agent has actual knowledge that
the owner of the vehicle is residing at an address different from that as-
certained from the vehicle registration certificate, license plate infor-
mation, 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 a above shall be mailed by certified mail, return
• receipt requested, addressed to that known address, or personally served upon
such owner.
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9.48.020 Tow truck operator as agent of police chief. The chief of
police may appoint any tow truck operator engaged in removing and storing
unauthorized vehicles and operation of an impoundment facility for such
vehicles as agent of the chief of police for the purpose of impounding,
holding and storing and disposing of unauthorized vehicles. 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 five thousand dollars, subject to approval as to form by the city
attorney, to insure compliance with the provisions and requirements of this
chapter and conditioned to compensate the owner of any vehicle which may be
unlawfully 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 unauthorized vehicles.
9.48.026 Eligibility for municipal referrals; Assurance; Revocation.
A. In addition to requirements imposed pursuant to RCW Chapter 46.55
and this chapter, registered tow truck operators shall, pursuant to Section
9.48.020 of this chapter, as a condition of appointment for municipal impound
referrals, list the City of Yakima as an additional insured upon any
insurance coverage obtained in fulfillment of RCW 46.55.030(3)(b).
B. The chief of police may request assurances and proof of compliance
with this chapter and other applicable laws from registered tow truck
operators as a condition of continued eligiblity for municipal impound
referrals. The chief of police may revoke or suspend such eligibility for
failure to supply the same.
9.48.070 Posting requirements -- exception.
A. No person may impound, tow, or otherwise disturb any unauthorized
vehicle standing on 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.
B. The requirements of subsection (A) of this section do not apply to
residential property. Any person having charge of such property may have an
unauthorized vehicle impounded immediately upon giving written authorization.
C. This section applies to all signs erected after the effective date •
of this section. All other signs shall meet the requirements of this section
by July 1, 1989.
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9.48.080 Law enforcement impound, private impound.
A. If a vehicle is in violation of the time restrictions of Section
9.48.010(12) of this chapter, it may be impounded by a registered tow truck
operator at the direction of a law enforcement officer or other public
official with jurisdiction if the vehicle is on public property, or at the
direction of the property owner or his agent if it is on private property. A
law enforcement officer may also direct the impoundment of a vehicle pursuant
to a writ or court order.
B. The person requesting a private impound or a law enforcement
officer or 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.
C. A law enforcement officer may authorize impoundment of vehicles on
public or private property for other violations of the municipal code, in
accord with the procedures of this chapter or other applicable code sections.
9.48.090 Storage, return requirements -- Personal
belongings -- Combination endorsement for tow
truck drivers -- Authority to view impounded vehicle.
A. All vehicles which are impounded shall be taken to the tow truck
operator's nearest storage location that has been inspected and is listed on
the application filed with the department.
B. All vehicles shall be handled and returned in substantially the
same condition as they existed before being towed.
C. All personal belongings and contents in the vehicle shall be kept
intact, and shall be returned to the vehicle's owner, agent, or other lawful
redemptor during normal business hours upon request and presentation of a
driver's license or other sufficient identification; provided, that
reasonable care shall be taken by the towing operator to return said property
to its rightful owner. Personal belongings shall not be sold at auction to
fulfill a lien against the vehicle.
D. All personal belongings not claimed before the auction shall be
turned over to the chief of police or his designee. Such personal belongings
shall be disposed of pursuant to Chapter 63.32 or 63.40 RCW.
E. After the effective date of this chapter, tow truck drivers shall
have a Washington State driver's license endorsed for vehicle combinations
under RCW 46.20.440 or the equivalent issued by another state.
F. Any person who shows proof of ownership or written authorization
from the impounded vehicle's registered or legal owner or the vehicle's
insurer may view the vehicle without charge during normal business hours.
9.48.100 Impound Notice -- Abandoned vehicle report --
Disposition report.
A. At the time of impoundment the registered tow truck operator
providing the towing service shall give immediate notification, by telephone
or radio, to the chief of police or his designee, who shall maintain a log of
such reports, unless the impoundment was requested by the police department.
Within twenty -four hours of the initial notice of impoundment the registered
tow truck operator shall give written notice of such impound to the chief of
• police or his designee.
B. The operator shall immediately send an abandoned vehicle report to
the department for any vehicle in the operator's possession after the
ninety -six hour abandonment period. Such report need not be sent when the
impoundment is pursuant to a writ, court order, or police hold. The owner
notification and abandonment process shall be initiated by the registered tow
truck operator immediately following notification by a court or law
enforcement officer that the writ, court order, or police hold is no longer
in effect.
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Following the submittal of an abandoned vehicle report, the
department shall provide the registered tow truck operator with owner
information within seventy -two hours.
C. Within fifteen days of the sale of an abandoned vehicle at a public
auction, the operator shall send a copy of the abandoned vehicle report
showing the disposition of the abandoned vehicle to the crime information
center of the Washington State Patrol.
D. If the operator sends an abandoned vehicle report to the department
and the department finds no owner information, an operator may proceed with
an inspection of the vehicle to determine whether owner identification is
within the vehicle.
9.48.110 Notice to legal and registered owners.
A. In the case of an unauthorized vehicle impounded from public
property, or otherwise at the direction of a law enforcement officer, the law
enforcement agency or other public official directing the impoundment, or in
the case of a vehicle impounded from private property, 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 his designee. The notification
shall include the name of the impounding tow firm, its address and telephone
number. The notice shall also include the location, 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 9.48.120.
B. In the case of an abandoned vehicle, within twenty -four hours after
receiving information on the vehicle owners from the department through the
abandoned vehicle report, the tow truck operator shall send by certified
mail, with a return receipt requested, a notice of custody and sale to the
legal and registered owners, as shown on department records.
9.48.120 Redemption of vehicles -- Hearing rights --
Sale of unredeemed vehicles.
A. Redemption. Vehicles impounded by registered tow truck operators
pursuant to Sections 9.48.565, or 9.48.080 may be redeemed from such operator
only under the following circumstances:
(1) Impounded vehicles 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
(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 category b, c, or d above shall sign
an agreement in the following form:
•
STLIII F6
RECEIPT/HOLD HARMLESS AGREEMENT
I claim a present right of possession as (circle one) ( legal 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 registered owner. I agree to defend,
indemnify, and hold harmless the City of Yakima, its officers, agents, and
employees against any and all claims of liability involving release of the
vehicle to me.
Date of Signature Signature
(Address)
Witness
(2) No vehicles impounded pursuant to Section 9.48.565 of this
chapter shall be released without written authorization for release by the
chief of police or his 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. Commercially reasonable tender
shall include, without limitation, cash, major bank credit cards, or personal
checks drawn on in-state banks if accompanied by two pieces of valid
identification, one of which may be required by the operator to have a
photograph.
(4) In accord with RCW 46.55.120(1)(b), 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.
B. 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 Yakima County District Court
Clerk within ten (10) 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 to seeking redeem an impounded vehicle under this
section has a right to a hearing in Yakima County District 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
STLIII F7
that purpose and must be received by the court within ten (10) calendar days
of the date the notice was provided for in subsection B 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
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.
C. 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.
1
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VEHICLE IMPOUNDMENT PROMISSORY NOTE
I promise to pay to the City of Yakima, at its police department offices
at 129 North 2nd 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 County District 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
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.
D. Sale. Any impounded abandoned vehicle not redeemed within fifteen
(15) 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.
9.48.150 Vehicle transaction file.
The registered tow truck operator shall keep a transaction file on each
vehicle. The transaction file shall contain as a minimum those of the
following items that are required at the time the vehicle is redeemed or
becomes abandoned and is sold at a public auction:
1. A signed impoundment authorization as required by Section
9.48.080;
2. A record of the twenty -four hour written impound notice to a
law enforcement agency;
410 3. A copy of the impoundment notification to registered and legal
owners, sent within twenty -four hours of impoundment, that advises the owners
of the address of the impounding firm, a twenty -four hour telephone number,
and the name of the person or agency under whose authority the vehicle was
impa unded ;
4. A copy of the abandoned vehicle report that was sent to and
returned by the department;
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5. A copy and proof of mailing of the notice of custody and sale
sent by the registered tow truck operator to the owners advising them they
have fifteen (15) days from the date of issuance, reflected in the notice, to
redeem the vehicle before it is sold at public auction;
6. A copy of the published notice of public auction;
7. A copy of the affidavit of sale showing the sales date,
purchaser, amount of the lien and sale price;
8. A record of the two highest bid offers on the vehicle;
9. A copy of the notice of opportunity for hearing given to those
who redeem vehicles.
10. An itemized invoice of charges against the vehicle.
The transaction file shall be kept for a minimum of three years.
9.48.230 Vehicle hulk -- Definition -- Declaration of nuisance --
Abatement procedure.
A. Declaration of Nuisance -- Authority for Abatement. The storage,
retention, or presence of any vehicle hulk is declared to constitute a public
nuisance subject to abatement by removal and impoundment as hereinafter
provided. The costs of such removal and impoundment may be assessed against
the last registered owner of the vehicle hulk if the identity of such owner
can be determined, unless such owner in the transfer of ownership of the
vehicle hulk has complied with the provisions of RCW 46.12.101, or such costs
may be assessed against the owner of the non - city -owned property on which the
vehicle hulk is stored and, if so assessed, constitute a lien thereon.
B. Notice of Intent to Abate. Before the removal and impoundment of
any such 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 the vehicle hulk, unless the vehicle
is in such condition that identification numbers are not available, or to
such other current owner as may be determined by the police department from
the information available, and to the property owner as shown on the last
equalized assessment roll upon whose property the vehicle hulk is located
that a public hearing may be requested before the District Court, and that if
no hearing is requested the vehicle hulk will be removed and impounded and
costs assessed in accordance with this section. This notice shall also be
affixed to the vehicle hulk. Such notice shall be in substantially the
following form:
NOTICE OF INTENTION TO ABATE NUISANCE
City of Yakima (Date of Mailing)
v.
and
NOTICE IS HEREBY GIVEN that the presence, storage, or retention of a
vehicle hulk described as follows:
(Description of vehicle hulk)
at
(location where vehicle hulk 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 County
District Court may be had on the issues of impoundment and liability for the
costs therefor. Recipients of this notice have 15 days from the above
mailing date to request a public hearing before the district court by filing
such a request with the Yakima City Clerk. This hearing is NOT automatic and
STLIII F10
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 hulk 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 Section
9.48.230 of the city of Yakima Municipal Code.
Chief of Police for
• the City of Yakima
C. Request for Hearing. A person to whom such notice is given may
obtain a hearing before the Yakima County District Court on the issue of the
removal and impoundment of the vehicle hulk as a public nuisance, and on the
issue of liability for costs of abatement, by making a request, in person or
in writing, within fifteen (15) days from the mailing date of the notice set
forth in subsection B above, to the city clerk for such hearing. If such a
request is made in a timely manner, the city clerk shall mail by certified
mail with a five -day return requested, to the owner of the real property as
shown on the last equalized assessment roll and to the last registered and
legal owner of record of the vehicle hulk, unless the vehicle hulk is in such
condition that identification numbers are not available to determine
ownership, a notice giving the time, location and date of the hearing by the
district court. Said hearing shall be scheduled to be held not less then ten
days nor more than thirty days following the receipt of the request for such
hearing.
D. Hearing by District Court. The applicant for hearing may appear in
person at such hearing, or present a written statement in time for considera-
tion at the hearing, and deny responsibility for the presence of such vehicle
or parts on the land, with his reasons for such denial. If it is determined
at the hearing that the vehicle hulk was placed on the land without the
consent of the land owners, and that he has not subsequently intentionally
acquiesced to its presence, then the district court shall not assess costs of
abatement against the real property upon which the vehicle hulk is located or
otherwise attempt to collect such costs from said land owner.
E. Impoundment and Disposal. After notice has been given of the
intent of the city to remove and impound the vehicle hulk, and after a
hearing has been held, if requested, the vehicle hulk shall be removed and
impounded at the direction of the chief of the Yakima police department, and .
shall be disposed of to a licensed auto wrecker with notice to the Washington
State Patrol and the department that the vehicle hulk has been wrecked. The
city may operate such a disposal site when the City Council determines that
commercial channels of disposition are not available or are inadequate, and
it may make final disposition of the vehicle hulk to another governmental
body, provided such disposal shall be only as scrap.
F. Lien for Abatement Costs. Within thirty days after the removal and
impoundment of a vehicle hulk from non - city -owned property, the city may file
for record with the Yakima County Auditor a claim for lien for the cost of
removal which shall be in substance in accordance with provisions covering
mechanic's liens in RCW Chapter 60.04, and said lien shall be foreclosed in
the same manner as provided by law for foreclosure of mechanic's liens.
G. Exemption to Certain Owners. This section shall not apply to any
vehicle hulk kept on private property:
1. Where the vehicle hulk is completely enclosed within a
building in a lawful manner where it is not visible from the street or other
public or private property;
• 2. Where the vehicle hulk is stored or parked in a lawful manner
on private property in connection with the business of a licensed dismantler
or licensed vehicle dealer and such property is fenced according to the
provisions of RCW 46.30. 130.
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9.48.235 Criminal storage and retention of vehicle hulks
on private property.
A. It is unlawful for the owner or occupier of private property after
forty -eight hours notice as provided in subsection B of this section to store
or retain a vehicle hulk on such property which vehicle hulk is not
completely enclosed within a building or otherwise lawfully screened or
fenced so that it is not visible from other public or private property.
Any person convicted of this offense shall be fined no more than two •
hundred fifty dollars. Each day that any person continues to violate this
section shall constitute a separate offense.
It shall not be a defense to this charge that the owner or occupier of
private property has been required to abate the vehicle hulk in question
pursuant to the provisions of this chapter.
B. As a prerequisite to commencing a criminal action under subsection
A of this section, the owner or occupier of private property, upon which the
vehicle hulk is located, shall be personally served with a notice from the
chief of police or his designee which shall read substantially as follows:
VEHICLE HULK NOTICE
TO:
(full name of owner or occupier of property)
RE:
(vehicle hulk description)
Pursuant to Section 9.48.235 of the City of Yakima Municipal Code, a copy of
which is attached, you are hereby requested to remove the vehicle hulk
described above from
(location by street address)
Yakima, within forty -eight hours of receiving this notice.
You may also comply with Section 9.48.235 of the City of Yakima Municipal
Code by moving the above referenced vehicle hulk to a building which
completely encloses it so that such vehicle hulk is not visible from other
private or public property.
You may be charged with a criminal law violation of Section 9.48.235 of the
City of Yakima Municipal Code if you fail to comply with this notice.
Dated:
By:
C. Vehicle hulk, for the purposes of this section, shall mean the
remnant or surplus of a motor vehicle which is inoperative and cannot be
mechanically operated without addition of vital parts of mechanism and the
application of a substantial amount of labor to effect repairs, or any
wrecked, dismantled, or inoperative vehicle or any part thereof.
9.48.240 Construal, severability; Non - waiver; No rights
created.
A. This chapter shall be construed, where required by statutory
pre - emption, consistent with state law and any other lawful requirement.
B. If any provision of this chapter or other provisions of the City of
Yakima Municipal Code affected hereby, or their application to any person or
circumstance is held invalid, the remainder of the provisions, or application
of the provision to other persons or circumstances is not affected.
C. Failure of any city official to enforce any right or perform any
act referenced herein in any one circumstance or in any individual case is no
waiver of the right to do so in any other circumstance or case.
STLIII F12
D. No provision of this chapter or sections affected thereby shall be
deemed to create any duty on the part of any city official to any particular
individual or entity.
9.48.242 General administrative, interpretive authority.
The chief of police has general administrative and interpretive
authority to carry out the provisions of this chapter and sections affected
• thereby. He may interpret provisions in case of doubt, conflict, or
ambiguity.
9.48.565 Vehicle impoundment without prior notice.
A. A vehicle may be impounded without giving prior notice to its owner
under the following circumstances:
(1) When a vehicle is impeding the flow of traffic or entry or
exit into any driveway, including access to City of Yakima property; or
(2) When a vehicle poses an immediate danger to public safety
including but not limited to danger arising from mechanical defect(s); or
(3) When a police officer has probable cause to believe that the
vehicle is stolen; or
(4) When a law enforcement officer has contact with a vehicle
operator on public property or highway for purposes of arrest, placement into
custody, investigatory stop, accident scene investigation, or voluntary
contact by the operator, and the officer observes that the operator is
physically or mentally incapable of deciding or refuses to decide upon steps
to be taken to protect the vehicle and its contents; or
(5) When a vehicle is left unattended on a highway and is impeding
construction, maintenance or repair of the highway, in violation of a
temporary sign or barricade prohibiting parking on or entry into the highway,
or a portion thereof, when the 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 the public highway and when
the sign or barricade notifies that vehicles parked or left unattended in
violation thereof are subject to impound by inclusion of the words "subject
to impound", "tow away zone", or words of similar import; or
(6) When a vehicle is left unattended in violation of a provisions
of Section 9.50.060 of this code and the vehicle is impeding street cleaning;
Or
(7) When a vehicle is left unattended in a marked loading zone
posted with a sign notifying 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; or
(8) When a vehicle must be removed from a fire zone established in
Section 9.50.240 of the City of Yakima Municipal Code, as determined by a
commanding officer; or
(9) Whenever a vehicle without a special license plate, card, or
decal indicating that the vehicle is being used to transport a disabled
person under RCW 46.16.381 is parked in a stall or space clearly and
conspicuously marked under RCW 46.61.581 which space is provided on private
property without charge or on public property."
Section 3. Subsection B of section 9.46.020 of the City of Yakima
Municipal Code is hereby amended to read as follows:
"B. Modifications.
(1) RCW 46.90.300 as adopted by the City of Yakima is hereby
modified to read as follows:
The following sections of the Revised Code of Washington as
now or hereafter amended are hereby adopted by reference as a
part of this chapter in all respects as though such sections
41 0 were set forth herein in full: 46.12.300, 46.16.010,
46.16.025, 46.16.030, 46.16.135, 46.16.140, 46.16.145,
46.16.170, 46.16.180, 46.16.240, 46.16.260, 46.16.290,
46.16.380, 46.16.500, 46.16.505, 46.20.011, 46.20.021,
46.20.022, 46.20.025, 46.20.027, 46.20.041, 46.20.045,
46.20.190, 46.20.220, 46.20.336, 46.20.342, 46.20.343,
STLIII F13
46.20.344, 46.20.410, 46.20.420, 46.20.500, 46.20.510,
46.20.550, 46.29.605, 46.32.060, 46.32.070, 46.37.010,
46.37.020, 46.37.030, 46.37.040, 46.37.050, 46.37.060,
46.37.070, 46.37.080, 46.37.090, 46.37.100, 46.37.110,
46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160,
46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186,
46.37.187, 46.37.188, 46.37.190, 46.37.196, 46.37.200,
46.37.210, 46.37.215, 46.37.220, 46.37.230, 46.37.240,
46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300,
46.37.31.0, 46.37.340, 46.37.351, 46.37.360, 46.37.365,
46.37.369, 46.37.375, 46.37.380, 46.37.390, 46.37.400,
46.37.410, 46.37.420, 46.37.425, 46.37.430, 46.37.440,
46.37.450, 46.37.460, 46.37.465, 46.37.467, 46.37.480,
46.37.490, 46.37.500, 46.37.510, 46.37.513, 46.37.517,
46.37.520, 46.37.522, 46.37.523, 46.37.524, 46.37.525,
46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535,
46.37.537, 46.37.539, 46.37.600, 46.44.010, 46.44.020,
46.44.030, 46.44.034, 46.44.036, 46.44.037, 46.44.041,
46.44.042, 46.44.047, 46.44.050, 46.44.060, 46.44.070,
46.44. 120, and 46.52. 200.
(2) RCW 46.90.406 as adopted by the City of Yakima is hereby
modified to read as follows:
46.90.406 Certain RCW sections adopted by reference.
The following sections of the Revised Code of Washington as
now or hereafter amended are hereby adopted by reference as a
part of this chapter in all respects as though such sections
were set forth herein in full: 46.61.015, 46.61.020,
46.61.021, 46.61.022, 46.61.025, 46.61.030, 46.61.035,
46.61.050, 46.61.055, 46.61.060, 46.61.065, 46.61.070,
46.61.072, 46.61.075, and 46.61.080.
(3) RCW 46.90.427 as adopted by the City of Yakima is hereby
modified to read as follows:
46.90.427 Certain RCW sections adopted by reference.
The following sections of the Revised Code of Washington as
now or hereafter amended are hereby adopted by reference as a
part of this chapter in all respects as though such sections
were set forth herein in full: RCW 46.61.300, 46.61.305,
46.61.310, 46.61.315, 46.61.340, 46.61.345, 46.61.350,
46.61.355, 46.61.365, 46.61.370, 46.61.375, 46.61.385,
46.61.400, 46.61.425, 46.61.440, 46.61.445, 46.61.455,
46.61.460, 46.61.465, 46.61.500, 46.61.502, 46.61.504,
46.61.515, 46.61.519, 46.61.525, 46.61.530, 46.61.540, and
subsections 1, 2, and 3 of 46.61.575.
(4) RCW 46.90.463 as adopted by the City of Yakima is hereby
modified to read as follows:
46.90.463 Certain RCW sections adopted by reference..
The following sections of the Revised Code of Washington as
now or hereafter amended are hereby adopted by reference as a
part of this chapter in all respects as though such sections
were set forth herein in full: RCW 46.61.590, 46.61.600,
46.61.605, 46.61.606, 46.61.608, 46.61.610, 46.61.611,
46.61.612, 46.61.614, 46.61.615,., 46.61.620, 46.61.625,
46.61.630, 46.61.635, 46.61.640, 46.61.645, 46.61.655,
46.61.660, 46.61.665, 46.61.670, 46.61.675, 46.61.680,
46.61.685, and 46.61.687.
(5) RCW 46.90.700 as adopted by the City of Yakima is hereby
modified to read as follows:
46.90.700 Certain RCW sections adopted by reference.
The following sections of the Revised Code of Washington as
now or hereafter amended are hereby adopted by reference as a
part of this chapter in all respects as though such sections
were set forth herein in full: RCW 46.64.010, 46.64.015,
46.64.020, 46.64.030, and 46.64.048.
STLIII F14
. ,
(6) RCW 46.90.900 as adopted by the City of Yakima is hereby
modified to read as follows:
46.90.900 Certain RCW sections adopted by reference.
The following sections of the Revised Code of Washington as
now or hereafter amended are hereby adopted by reference as a
part of this chapter in all respects as though such sections
were set forth herein in full: RCW 46.98.020, 46.98.030,
46.98.040, 47.36.110, 47,52.010, 47.52.120, 66.44.240,
66, 44.250, 70.84.020, 70.84.040, and 70.93.060.
Section 4. Section 9.50.150 of the City of Yakima Municipal Code is
hereby amended to read as follows:
"9.50.150 Blocking Traffic. No person shall stop or leave any
vehicle either attended or unattended, in any public highway
in such a manner so as to unreasonably block or obstruct ve-
hicles lawfully traveling on such public highway. Said
vehicles are subject to impoundment as authorized by Section
9.48.565 of this code."
Section 5. Subsection D of Section 9.50.230 of the City of Yakima
Municipal Code is hereby amended to read as follows:
9.50.230 City Hall Parking Lot -- Parking Regulated -- Parking
Permit -- Enforcement.
"D. The procedures for enforcing the parking prohibitions of
this section shall be those procedures provided by Chapter 9.60 of the city
code as applicable to parking violations; provided, that the chief of police
or his agent is authorized to immediately impound or cause to be impounded
any unauthorized vehicle parked in City Hall parking lots described in
subsection A of this section. The applicable provisions of Chapter 9.48 of
the city code shall govern towing, storage, redemption, or other disposition
of any vehicle impounded pursuant to this section."
Section 6. This ordinance shall be in full force and effect thirty
days after its passage, approval and publication as provided by law and by
the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of
, 1982.
g t
YOR
ATTEST:
CITY CLERK
Publication Date: JAN 1 519 •
Effective Date: FEB 1 4 1988
STLIII F15