HomeMy WebLinkAbout09/17/2019 12 Vehicle Impounds Related to Unlicensed Vehicles; YMC Amendment 9.47 a\'4\lyy bxk ik 1
PPd
+� PPP
d g.
P A
9
PPPPPP+Pd '
lii it
tYlltYlA.\ta.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12.
For Meeting of: September 17, 2019
ITEM TITLE: Ordinance amending City of Yakima Municipal Code Chapter 9.47
Vehicle Impounds relating to unlicensed vehicles
SUBMITTED BY: Brooke Goosman, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The City of Yakima Municipal Code Chapter 9.47, "Vehicle Impounds" covers different types of
vehicles and when they may be impounded. The proposed ordinance would amend Chapter
9.47.010 by adding a definition of"Unlicensed Vehicles", and prohibit unlicensed vehicles from
parking on a public street. This amendment would provide for the immediate impoundment of the
violator vehicle and includes a monetary penalty.
Another proposed amendment in this section, 9.47.010(J)(1)(b), would clarify that any vehicle
cannot be parked for longer than 24 hours "on any one block face" on a public roadway. Thus,
9.47.040(B), the section allowing for these vehicles to be impounded, should be amended.
Currently, this section allows for Unauthorized Vehicles to be impounded if they have been
parked for 24 hours on the roadway, and, after notice plus an additional 48 hours, remain
substantially in the same location. The phrase "substantially in the same location" does not clearly
define how far a vehicle must be moved in order to avoid impoundment. This amendment would
clarify that a vehicle may be impounded after failing to move the vehicle "one block face" after
being provided the proper notice.
Allowing the city to impound vehicles that are parked on the roadway and are 1) unlicensed or 2)
parked for more than 24 hours would help preserve the public peace, health, safety and
economic welfare of the City of Yakima.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
, � ,! am=
APPROVED FOR / l
Interim City Manager
SUBMITTAL: , ,,--
2
STAFF RECOMMENDATION:
Pass ordinance
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Ordnance- MC 9 47 VC Net Imuouricts-track
EV30/2019 Ordnance
changar
Ordnance- MC 9 47 Vehicle Imuouricts-changes
EV30/2019 Ordnance
accreted
3
ORDINANCE NO. 2019-
AN ORDINANCE relating to Traffic; amending the City of Yakima Municipal Code, Chapter
9.47, Vehicle Impounds, adding a definition of "Unlicensed Vehicles" and
prohibiting the parking of Unlicensed Vehicles, for which the penalty is a
civil infraction; and, amending 9.47.010(J)(1)(b) and 9.47.040(B) for the
purpose of clarifying a vehicle cannot be parked longer than 24 hours on
one block face.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 9.47 of the Yakima Municipal Code is hereby amended to read as
follows:
Chapter 9.47
VEHICLE IMPOUNDS
Sections:
9.47.010 Definitions.
9.47.020 Tow truck operators.
9.47.030 Junk vehicle.
9.47.040 Unauthorized vehicle.
9.47.050 Storage, return requirements—Authority to view impounded vehicle.
9.47.060 Criminal storage and retention of vehicle hulks on private property.
9.47.070 Abandoned vehicle.
9.47.071 Prohibition against parking Unlicensed Vehicle.
9.47.072 Towing and Impound of Unlicensed Vehicle.
9.47.073 Civil Infraction-Violation-Unlicensed Vehicle.
9.47.080 General administrative, interpretive authority.
9.47.090 Construal, severability—Nonwaiver—No rights created.
9.47.010 Definitions.
The definitions set forth in this section apply throughout this chapter:
A. "Abandoned vehicle" means a vehicle that a registered tow truck operator has
impounded and held in the operator's possession for one hundred twenty consecutive
hours.
B. "Abandoned vehicle report" means the document prescribed by the state that the
towing operator forwards to the Department after a vehicle has become abandoned.
C. "Department' means the Washington State Department of Licensing.
D. "Highway" means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of
vehicular travel.
E. "Impound" means to take and hold a vehicle in legal custody. There are two types of
impounds, public and private.
1
*
(1) "Public impound" means that the vehicle has been impounded at the direction ufa
law enforcement officer or by a public official having jurisdiction over the public property
upon which the vehicle was located.
(2) "Private impound" means that the vehicle has been impounded at the direction of
person having control or possession of the private property upon which the vehicle was
located.
F. "Junk vehicle" means a motor vehicle certified by the chief of police or his designee
as meeting at least three of the following requirements:
(1) |n three years orolder;
(2) 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
trononniooinn�
.
(3) |s apparently inoperable;
(4) Has a fair market value equal only to the value uf the scrap init.
G. "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.
H. "Residential property" means property that has nn more than four living units
located on it.
|. "Tow truck" means a motor vehicle that is equipped for and used in the business of
towing vehicles with equipment as approved by the State Patrol.
J. "Unauthorized vehicle" means a vehicle, motor home as defined in RCW 46.04.305,
camper as defined in RCW 46.04.085 or trailer as defined in RCW 46.04.620 which is
parked or left standing for the indicated period of time. There are two types of
unauthorized vehicles, public and private.
(1) Public Locations.
a. Avehiu|e is an unauthorized vehicle immediately when:
(i) The vehicle is impeding the flow of traffic or entry or exit into any driveway, including
access to city of Yakima property; or
(ii) A vehicle poses an immediate danger to public safety including but not limited to
danger arising from a mechanical dofect(s); ur
(iii) A law enforcement officer has probable cause to believe that the vehicle is stolen;
or
(iv) 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
2
s
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 tnbe taken tn protect the vehicle and its contents; or
(v) A vehicle is left unattended ona highway and itiu 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 orbarricade notifies that vehicles parked or left unattended
in violation thereof are subject to impound by inclusion of the words "subject to
impound''' "tow away znne'" nr words of similar import; nr
(vi) A vehicle io left unattended in violation ofYMC9.5O.OSO and the vehicle io
impeding street cleaning; ur
(vii) 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
(/iii) A vehicle must be removed from o fire zone established inYMCU.5O24O. 00
determined bya commanding officer; or
(ix) A vehicle without a special license plate, card, or decal indicating that the vehicle is
being used to transport u disabled person under RCVV4G.lG28l is parked ina stall ur
space clearly and conspicuously marked under RCW 46.61.581 which space is provided
un private property without charge oron public property; or
(x) The driver ofo vehicle is arrested for o violation ofRCVV4S2O.342' 4S.20345.
46.61.502nr46.61.504; or
(xi) A law enforcement officer finds a vehicle standing upon the roadway in violation of
any of the provisions of RCW 46.61.560, the officer may provide for the removal of
vehicle or may require the driver or other person in charge of the vehicle to move the
vehicle tna position of safety off the roadway; nr
('ii) A law enforcement officer finds a vehicle unattended upon a highway where the
vehicle jeopardizes public safety; ur
(xiii) A law enforcement officer a vehicle unattended at scene of accident;` '
or
(xiv) The driver of vehicle is arrested and taken into custody by a law enforcement
officer; or
.
(xv) Upon determining that a person is operating u motor vehicle without uvalid
driver's license in violation of RCW 46.20.005 or with a license that has been expired for
ninety days ur more; ur
(xvi) A law enforcement officer finds an unauthorized vehicle parked in violation of
YMC9.5ODS0(C) and/or YMCU.5O.O5O(55)' provided the location is posted with a sign
3
s
notifying that vehicles parked during the dates and times specified therein are subject to
immediate impound by the inclusion on the sign of the words "subject to impound," "tow
ovvoy zone.` or words of similar import; or
(xvii) |fina publicly owned or controlled parking facility, properly posted under
'
Yy�CU.47.O4O(D)� ur
(xviii) Constituting an accident oru traffic hazard.
b. After twenty-four hours onony one block face ifono highway not subject tn
subsection (l)(o) uf this section.
(2) Private Locations.
a. Immediately ifun residential property.
b. After twenty-four hours ifon private, nonresidential property.
K. "Un|icenxedVehic|n' fortheVurVnsexofthiochapterisonycor. truck. van. nontnr
home, camper, trailer, motorcycle or other vehicle not displaVinq a proper, current proof
of licensiN from the state of license plate issuance or anv car, truck, van, motor home,
camper, trailer, motorcycle or other vehicle not bearinq license plates.
L.-4. "Vehicle hulk" means the remnant or surplus of a motor vehicle which is
inoperative and cannot be mechanically operated without addition to vital parts of
mechanism and the application of a substantial amount of labor to effect repairs, or any
wrecked, dismantled, ur inoperative vehicle or any part thereof.
S.47.U4O Unauthorized Vehicle.
A. Immediate Public Impound. Unauthorized vehicles pursuant tu
YMCU.47.OlOUUlXa) may bo immediately impounded bya 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 YMC 9.47.01 O(J)(1)(a)(i), (v) or (vi) in accord with
procedures of this chapter ur other applicable code sections.
B. Public Impound After Forty-Eight Hours. Unauthorized vehicles pursuant to
YMCU.47.OlO(J)(l)(b) may bm impounded when the vehicle has
�n that same location failed to move one block face for an additional forty-eight hours
after notice is given by a law enforcement officer pursuant to subsections (13)(1) and (2)
of this section oofollows:
(l) The law enforcement officer shall securely attach to and conspicuously display on
the vehicle a notification sticker. The chief of police or an authorized designee shall
design the sticker in compliance with RCVV4G.55.O85.
(3) 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 order to give the owner the
information nn the notification sticker.
4
7
C. Immediate Private Impound. Unauthorized vehicles pursuant to YMC 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 off icer may also direct the impoundment
pursuant tno 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:
(l) The times a vehicle may be impounded asun unauthorized vehicle;
(Z) The name, telephone number and address uf the towing firm where the vehicle
may bo 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 o 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 nf signing on 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 nr 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 toYK4CU.47.O4O(H). (|). (J) and (k).
H. Redemption. Vehicles may be redeemed from such operator only under the
following circumstances:
(l) Impounded vehicle may ba redeemed byonly:
a. /\ legal owner; ur
b. The registered owner; or
5
u
u. 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
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 (circle 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, / 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. | agree to defond, indomnifv, and hold
harmless the City of Yakima, its officers, agents, and employees against all
claims uf liability involving release uf the vehicle tome.
(Date of signature)
(Signature)
(Address)
Witness:
(2) No vehicles impounded pursuant to YMC 9.47.01 O(J)(1)(a)(i) through (xvi) shall be
released without written authorization for release by the chief of police or an 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, ur other services rendered during
the course of towing, removing, impounding, or storing any such vehicle.
(4) In accord with RCW 46.55.120(l)(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
6
9
this section or in any other manner defrauds the towing firm in connection with services
rendered pursuant tu this section shall be liable for damages in the amount uf twice the
towing and storage fees, plus costs and reasonable ottornoy'ofees.
|. 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 ofissuance; that the consequence of failing tn request ohearing
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
toa hearing in Yakima County municipal court to contest the validity uf 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 I 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) /\t the conclusion of the hearing, the court shall determine whether the
impoundment was proper, whether the towing ur 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 forty dollars 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.
(5) If the impoundment is determined tobe 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
7
1^
any towing, storage, or other fees permitted under this chapter, unless fees are
adjudged forfeited urordered paid by another.
(7) The uih/ shall have no obligation to pay any innpoundnnent, 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 unpayment.
J. Promissory Note. In the event legal or registered owner requests u 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, of 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 boin 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 ofthe date set by the Yakima Municipal Court for the
impounded vehicle hearing which I have requested concerning the impoundment
nf the following described motor vehicle:
(Vehicle make, model, year, license number)
| further promise to pay the City ufYakima ut 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
fmmc
(Signature)
(Address)
(Telephone Number)
(Name and Address ufEmployer)
(Driver's License Number)
8
11
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 tn 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.
9,47,U71 Prohibition against parking Unlicensed Vehicle,
No unlicensed vehicle as described in YMC 9.47.010(K) shall be permitted to park on
any public street, parking lot v| parking strip in the CitynfYakima.
9,47,072 Towing and impound of Unlicensed Vehicle,
Ariv unlicensed vehicle parked on a public street or parking lot within the Citv of Yakima
shall be towed and impounded at owner's risk and expense bv a registered tow truck
operator at the direction efa law enforcement officer eran authorized designee.
9,4T.073 Civil |nfracnon'Vio|ation`Un|icensedVehicle
Foi|u|etnperfnrnoonyoctrequired. nrtheperfv|nooncenfanyactV|nhibitnd. hythio
chapter is designated as a civil infraction, and anV person, firm or corporation found to
have committed such a civil infraction shall be assessed a monetary penaltv of$50.
Each day during which o violation continuos shall be deemed o separate offense.
Whenever a monetary penaltv is imposed bV a court for violation of a citv ordinance it
,hall bepayab|eimmediately.
Section2. This ordinance shall be in full force and effect 3O days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BBYTHE CITY COUNCIL, signed and approved this 171h day ofSeptember,
2019.
ATTEST: Kathy Coffey, Mayor
Sonya C|aar Tee, City Clerk
Publication Date:
Effective Date:
9
12
ORDINANCE NO. 2019-
AN ORDINANCE relating to Traffic; amending the City of Yakima Municipal Code, Chapter
9.47, Vehicle Impounds, adding a definition of "Unlicensed Vehicles" and
prohibiting the parking of Unlicensed Vehicles, for which the penalty is a
civil infraction; and, amending 9.47.010(J)(1)(b) and 9.47.040(B) for the
purpose of clarifying a vehicle cannot be parked longer than 24 hours on
one block face.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 9.47 of the Yakima Municipal Code is hereby amended to read as
follows:
Chapter 9.47
VEHICLE IMPOUNDS
Sections:
9.47.010 Definitions.
9.47.020 Tow truck operators.
9.47.030 Junk vehicle.
9.47.040 Unauthorized vehicle.
9.47.050 Storage, return requirements—Authority to view impounded vehicle.
9.47.060 Criminal storage and retention of vehicle hulks on private property.
9.47.070 Abandoned vehicle.
9.47.071 Prohibition against parking Unlicensed Vehicle.
9.47.072 Towing and Impound of Unlicensed Vehicle.
9.47.073 Civil Infraction-Violation-Unlicensed Vehicle.
9.47.080 General administrative, interpretive authority.
9.47.090 Construal, severability—Nonwaiver—No rights created.
9.47.010 Definitions.
The definitions set forth in this section apply throughout this chapter:
A. "Abandoned vehicle" means a vehicle that a registered tow truck operator has
impounded and held in the operator's possession for one hundred twenty consecutive
hours.
B. "Abandoned vehicle report" means the document prescribed by the state that the
towing operator forwards to the Department after a vehicle has become abandoned.
C. "Department" means the Washington State Department of Licensing.
D. "Highway" means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of
vehicular travel.
E. "Impound" means to take and hold a vehicle in legal custody. There are two types of
impounds, public and private.
13
(1) "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.
(2) "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.
F "Junk vehicle" means a motor vehicle certified by the chief of police or his designee
an meeting ot least three of the following requirements:
(1) |s three years orolder;
(2) 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;
(3) /s apparently inoperable;
(4) Has a fair market value equal only tu the value uf the scrap init.
G. "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.
H. "Residential property" means property that has no more than four living units
located onit.
|. "Tow truck" means a motor vehicle that is equipped for and used in the business of
towing vehicles with equipment as approved by the State Patrol.
J. "Unauthorized vehicle" means a vehicle, motor home as defined in RCVV 46.04.305,
camper as defined in RCVV 46.04.085 or trailer as defined in RCVV 46.04.620 which is
parked or left standing for the indicated period of time. There are two types of
unauthorized vehicles, public and private.
(1) Public Locations.
a. A vehicle isun unauthorized vehicle immediately when:
(i) The vehicle is impeding the flow of traffic or entry or exit into any driveway, including
access to city of Yakima property; or
(ii) A vehicle poses an immediate danger to public safety including but not limited to
danger arising from a mechanical dofect(n); nr
(iii) A law enforcement officer has probable cause to believe that the vehicle is stolen;
or
(iv) 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
1*
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 tnbe taken tn protect the vehicle and its contents; or
(v) /\ vehicle in left unattended ono highway and itia 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
innpound''' "tow away zone'" nr words nf similar import; nr
(vi) A vehicle io left unattended in violation ofYMC9.5U.0GU and the vehicle io
impeding street cleaning; or
(vii) 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 unthe
sign of the words "subject to impound," "tow away zone," or words of similar import; or
(viii) A vehicle must be removed from a fire zone established inYMCU.5O.24O. 00
determined bya commanding officer; nr
(ix) A vehicle without a special license plate, card, or decal indicating that the vehicle is
being used tu transport a disabled person under RCVV4G.lG.38l is parked ina stall ur
space clearly and conspicuously marked under RCW 46.61.581 which space is provided
un private property without charge oron public property; or
(x) The driver ofa vehicle is arrested for a violation ofRCVV4S.2O.342' 4S.2U.345.
46.61.502ur46.61.504; or
(xi) A law enforcement officer finds a vehicle standing upon the roadway in violation of
any of the provisions of RCVV 46.61.560, the officer may provide for the removal of
vehicle or may require the driver or other person in charge of the vehicle to move the
vehicle tna position of safety off the roadway; nr
(xii) A law enforcement officer finds a vehicle unattended upon a highway where the
vehicle jeopardizes public safety; or
(xiii\ A |avvonfnrcennontnMicerfindsavohideuna�endoda�thescenonfanaccident
` ' '
or
(xiv) The driver of a vehicle is arrested and taken into custody by a law enforcement
officer; or
'
(xv) Upon determining that a person is operating a motor vehicle without avalid
driver's license in violation of RCW 46.20.005 or with a license that has been expired for
ninety days ur more; or
(xvi) A law enforcement officer finds an unauthorized vehicle parked in violation of
Y[NC9.5O.O8O(C) and/or Y[NCU.5O.O5O(55)' provided the location ia posted with asign
1s
notifying that vehicles parked during the dates and times specified therein are subject to
immediate impound by the inclusion on the sign of the words "subject to impound," "tow
away zone." nr words of similar import; nr
(xvii) |fina publicly owned or controlled parking facility, properly posted under
YMCU.47.O4O(D); ur
(xviii) Constituting on accident nro traffic hazard.
b. After twenty-four hours on any one block face ifona highway not subject to
subsection (l)(a) uf this section.
(2) Private Locations.
a. Immediately Jon residential property.
b. After twenty-four hours ifon private, nonresidential property.
K. "Unlicensed Vehicle"for the purposes of this chapter in any car, truck, van, motor
home, camper, trailer, motorcycle or other vehicle not displaying a proper, current proof
of licensing from the state of license plate issuance or any car, truck, van, motor home,
camper, trailer, motorcycle or other vehicle not bearing license plates.
L44. "Vehicle hulk" means the remnant or surplus ofo motor vehicle which io
inoperative and cannot be mechanically operated without addition to vital parts of
mechanism and the application of substantial amount nf labor tn effect repairo, or any
wrecked, dismantled, ur inoperative vehicle or any part thereof.
S.47.U4O Unauthorized Vehicle.
A. Immediate Public Impound. Unauthorized vehicles pursuant to
YMC 9.47.01 O(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 YMC 9.47.01 O(J)(1)(a)(i), (v) or (vi) in accord with
procedures of this chapter ur other applicable code sections.
B. Public Impound After Forty-Eight Hours. Unauthorized vehicles pursuant to
YMC 9.47.01 O(J)(1)(b) may be impounded when the vehicle has failed to move one
block face for an additional forty-eight hours after notice is given by a law enforcement
officer pursuant to subsections (B)(l} and (2) uf this section asfollows:
(l) The law enforcement officer shall securely attach to and conspicuously display on
the vehicle a notification sticker. The chief of police or an authorized designee shall
design the sticker in compliance with RCVV4G.55.O85.
(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 order tn give the owner the
information un the notification sticker.
1s
C. Immediate Private Impound. Unauthorized vehicles pursuant to YMC 9.47.01 O(J)(2)
may be immediately impounded bya registered tow truck operator at the direction ufthe
property owner or his agent. A law enforcement officer may also direct the impoundment
pursuant tum 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 asan unauthorized vehicle;
(2) The name, telephone number and address of the towing firm where the vehicle
may bo redeemed; and
(5) 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 ur 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 uf 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 ur 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 tu 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 tocontest the validity uf the impoundment
pursuant tnYMCU.47.O4O(H)' (|)' (J) and (K).
H. Redemption. Vehicles may bo redeemed from such operator only under the
following circumstances:
(1) Impounded vehicle may be redeemed byonly:
o. A legal owner; or
b. The registered owner; nr
n. A person authorized in writing by the registered owner or the vehicle's insurer; or
17
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 (circle 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, | acknowledge receipt nf 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 tome.
(Date ufsignature)
(Signature)
(Address)
Witness:
(2) Nu vehicles impounded pursuant tuYMCU.47.OlO(J)(lXa)(i) through (xvi) shall be
released without written authorization for release by the chief of police or an 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 RCVV 46.55.120(l)(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
18
rendered pursuant to this section shall be liable for damages in the amount of twice the
towing and storage fees, plus costs and reasonable aUorney'sfees.
|. 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 ofissuance; that the consequence of failing tu request mhearing
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 bm 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 vvtas
provided.
(1) Any person seeking to redeem an impounded vehicle under this section has a right
toa hearing in Yakima County municipal court to contest the validity nf 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 I of this section.
If the hearing request is not received by the court within the ten-day period, the fight 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 toWng 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 forty dollars 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.
(S) 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
19
any towing, storage, or other fees permitted under this chapter, unless fees are
adjudged forfeited ur ordered paid byanother.
(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 Men required in any hearing to determine liability, or where
the towing company otherwise violates the provisions nf this chapter.
(8) The court may assess, allocate, or deny fees in whole or part against any party or
may impose conditions onpayment.
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 uf Yakima sufficient to cover the costs of towing, storage, urother
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 boin 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
uf 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 ofYakima shall be entitled to court costs and reasonable attorney
fees.
(Signature)
(Address)
(Telephone Number)
(Name and Address ufEmployer)
(Driver's License Number)
20
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
ROW 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.
9.47.071 Prohibition against parking Unlicensed Vehicle.
No unlicensed vehicle as described in YMC 9.47.010(K) shall be permitted to park on
any public street, parking lot or parking strip in the City of Yakima.
9.47.072 Towing and impound of Unlicensed Vehicle.
Any unlicensed vehicle parked on a public street or parking lot within the City of Yakima
shall be towed and impounded at owner's risk and expense by a registered tow truck
operator at the direction of a law enforcement officer or an authorized designee.
9.47.073 Civil Infraction-Violation-Unlicensed Vehicle
Failure to perform any act required, or the performance of any act prohibited, by this
chapter is designated as a civil infraction, and any person, firm or corporation found to
have committed such a civil infraction shall be assessed a monetary penalty of $50.
Each day during which a violation continues shall be deemed a separate offense.
Whenever a monetary penalty is imposed by a court for violation of a city ordinance it
shall be payable immediately.
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.
PASSED BY THE CITY COUNCIL, signed and approved this 17'h day of September,
2019.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date: