Ord 03-456
ORDINANCE NO. 03-456
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING ARTICLE
VIII, CHAPTER 15 OF THE FEDERAL WAY CITY CODE-
IMPOUNDMENT OF VEHICLES DRIVEN BY
SUSPENDEDfREVOKED DRIVERS (AMENDING
ORDINANCE NO. 01-393).
WHEREAS, in 2001 the City of Federal Way adopted an impound ordinance relating to
vehicles driven by suspended or revoked drivers; and
WHEREAS, recent case law has determined that the impound period for the vehicle should
be at the discretion of the court; and
WHEREAS, currently the impound periods for vehicles are mandatory; and
WHEREAS, it is impractical for the registered tow truck operator to verify with the
Department of Licensing whether the bidder has a valid driver's license because most auctions occur
on the weekend; and
WHEREAS, the amendment is necessary to comply with recent case law and to provide a
practical avenue for the registered tow truck operator;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15, Article VIII, Section 15-223 ofthe Federal Way City Code
is hereby amended to read as follows:
ORD # 03-456
,PAGE 1
ORIGINAL
Section 15-223. Notice of Impoundment.
(a) The person impounding the vehicle shall provide the driver of the impounded vehicle
with a notice including the following:
(1) the name of the impounding registered tow truck operator, its address, and
telephone number;
(2) the location and time of the impound, and by whose authority (including the name
of the officer or authorized agent of the Department) the vehicle was impounded;
(3) the notice that there may be a mandatory period of impoundment under Section
15-222 as determined by the Municipal Court; and
(4) a form, approved by the City, which describes the right to and process for vehicle
redemption requirements as set forth in Section 15-224, and which describes the process of Section
15-225 for contesting an impound or the costs of impoundment.
(b) Not more than twenty-four (24) hours after impoundment of any vehicle, the registered
tow truck operator shall mail a copy ofthe notice described in subsection (a) of this section by first
class mail to the last known address ofthe legal and registered owner(s) ofthe vehicle, as may be
disclosed by the vehicle identification number and/or as provided by the Washington State
Department of Licensing. If the vehicle is redeemed prior to the mailing of this notice, the notice
need not be mailed. A proof of mailing form shall be completed by the registered tow truck operator
and filed with the Municipal Court.
If the registered tow truck operator wishes to request that the person seeking redemption of
the vehicle pay a security deposit, the notice shall also state that the person who desires to redeem an
impounded vehicle at the end of the mandatory period must within five days of the impound pay a
security deposit to the registered tow truck operator of not more than one-half of the applicable
impound storage rate for each day ofthe proposed period of impoundment, as set forth in Section 15-
222, to ensure payment of the costs of impoundment. The notice shall state that if the security
deposit is not posted within five days of the impound, the vehicle will be processed and sold at
auction as an abandoned vehicle pursuant to RCW 46.55.130.
(c) The registered tow truck operator or the Department of Public Safety, as applicable, shall
provide notice as described in subsection (a) of this section by first class mail to each person who
contacts the Department or the registered tow truck operator seeking to redeem an impounded
vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be
mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming
person's signature that notice was provided directly to the person redeeming the vehicle. A proof of
mailing form shall be completed by the registered tow truck operator and filed with the Municipal
Court.
(d) lithe date on which a notice required by subsection (b) of this section is to be mailed falls
upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a
Saturday, Sunday, nor a postal holiday.
ORD # 03-456
, PAGE 2
SECTION 2. Chapter 15, Article VIII, Section 15-224 of the Federal Way City Code
is hereby amended to read as follows:
Section 15-224. Redemption of impounded vehicles.
Vehicles impounded by the City in accordance with this Chapter, as now or hereafter amended, shall
be redeemed only under the following circumstances:
(a) Only the registered owner, a person with authorization from the registered owner, or one
who has purchased the vehicle from the registered owner and who produces proof of ownership or
authorization from the registered owner and signs a receipt therefor, may redeem an impounded
vehicle. A person redeeming a vehicle impounded pursuant to this Chapter must, prior to
redemption, establish that he or she has a valid driver's license and is in compliance with RCW
46.30.020 and pay a $100.00 administrative fee to the Municipal Court, and obtain a receipt for
release from the Municipal Court. lithe vehicle was impounded pursuant to FWCC 15-221 and was
being operated by the registered owner when it was impounded, the Municipal Court shall not issue a
receipt for release until all penalties, fines, or forfeitures owed by the registered owner have been
satisfied, or a time payment agreement (in a form approved by the Municipal Court) has been entered
into providing for the satisfaction of all said penalties, fines or forfeitures. A vehicle impounded
pursuant to this Chapter for DWLS 1 or 2, or NVOL, can only be released pursuant to a written order
from the Court. A vehicle impounded pursuant to this Chapter for DWLS 3 or NVOL may be
released pursuant to the Municipal Court receipt.
(b) Any person so redeeming a vehicle impounded by the City shall pay the towing contractor
for the costs of impoundment prior to redeeming such vehicle. Such towing contractor shall accept
payment as provided in RCW 46.55.120 (1) (b), as now or hereafter amended.
(c) The Municipal Court is authorized to release a vehicle impounded pursuant to FWCC 15-
221 prior to the expiration of any period of impoundment upon petition ofthe spouse ofthe driver, or
the registered owner provided the owner was not the driver, based on economic or personal hardship
to such spouse, or registered owner resulting from the unavailability of the vehicle and after
consideration ofthe threat to public safety that may result from release of the vehicle, including, but
not limited to, the driver's criminal history, driving record, license status and access to the vehicle.
The court is also authorized to release the vehicle upon petition of the driver where the driver has
obtained a valid driver's license and the driver was the registered owner or has the permission of the
registered owner to redeem the vehicle. An individual may have only one such hardship petition
granted. If such release is authorized, the person redeeming the vehicle must still satisfy the
requirements ofFWCC 15-224 (a) and (b).
SECTION 3. Chapter 15, Article VIII, Section 15-228 of the Federal Way City Code
ORD # 03-456
,PAGE 3
is hereby amended to read as follows:
Section 15-228. Registered Tow Truck Operators - Contracts, Requirements.
( a) The City Manager is authorized to seek a towing company or companies for a one or more
contracts to be a City registered tow truck operator to perform towing and impounds pursuant to this
Chapter. A ward of any such contract or contracts shall be consistent with the City's adopted
purchasing policies and applicable state and local laws and policies, and be approved by the City
Manager or the City Council, as applicable.
(b) If the City Manager determines not to enter into a contract for registered tow truck
operator services, the City Manager may authorize the Director to have any tow truck operator
registered with the State of Washington perform towing and impounds pursuant to this Chapter.
(c) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant
to this Chapter in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior
to closing any sale of an auctioned, impounded vehicle or transferring title thereto, the registered tow
truck operator shall first confJml with the \Vashington Department of Licensing (or the applicable
licensing agency of another state) that the successfùl bidder at the auction has release the vehicle to
an individual possessing a valid Washington driver's license or a valid driver's license from another
state.
(d) Records.
(1) With respect to any sale at auction of a vehicle impounded under this Chapter, all
registered tow truck operators shall record the date of sale, the vehicle identification number of each
vehicle, the name, address and telephone number ofthe registered owner ofthe impounded vehicle
being auctioned, as well as the name, address, driver's license number and date of driver's license
expiration of each buyer. Said record shall be submitted to the Director on or before December 31 5t
of each calendar year.
(2) A registered tow truck operator shall maintain copies of all records of all sales
required pursuant to this Chapter, for at least six (6) years, and such records shall be open at all
reasonable times to the inspection of the designated official, or his or her duly authorized designees
for inspection.
Section 2. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance
ORD # 03-456
, PAGE 4
or the invalidity ofthe application thereofto any person or circumstance, shall not affect the validity
ofthe remainder ofthe ordinance, or the validity of its application to other persons or circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
December
PASSED by the City Council of the City of Federal Way this
,2003.
2nd
day of
CITY OF FEDERAL WAY
,
MA~~~
~EST:
)2/ (t¡~
CI CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~~¡r. '-/d~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11 / 12/03
PASSED BY THE CITY COUNCIL: 12/02/03
PUBLISHED: 12/06/03
EFFECTIVE DATE: 01/05/04
ORDINANCE NO. 03-456
K: \ORD IN\D WLSimpoundordinance2003. doc
Revised 1-13-02
ORD # 03-456
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