Ord 01-393
ORDINANCE NO. 01-393
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADDING A NEW
ARTICLE TO CHAPTER 15 OF THE FEDERAL WAY CITY
CODE AUTHORIZING IMPOUNDMENT OF VEHICLES
DRIVEN BY SUSPENDED OR REVOKED DRIVERS.
WHEREAS, in Washington Laws 1998, Ch. 203, section 4, the Legislature adopted certain
findings concerning the threat to public safety posed by drivers with suspended and/or revoked
drivers' licenses and, in order to protect public safety, the need to provide authorization to local
governments to impound any vehicle when it is found to be operated by a driver with a suspended or
revoked license; and
WHEREAS, RCW 46.55.113 authorizes Washington cities and towns to adopt ordinance
providing for the impoundment of vehicles of drivers arrested for driving with a suspended or
revoked license; and
WHEREAS, the City of Federal Way City CoUllcil does hereby adopt by reference the
findings contained in Washington Laws 1998, Ch. 203, section 4; and
WHEREAS, notwithstanding the threat of criminal punishment, drivers arrested and cited for
driving with a suspended or revoked license in Federal Way ftequentIy fail to appear for court
appearances, leading to the issuance of a bench warrant for their arrest and subsequent incarceration;
and
WHEREAS, the City of Federal Way'sjail costs have increased an average ofI04% per year
ftom 1991 to 2000; and
ORD # 01-393
,PAGEl
C~~y
WHEREAS, the City Council desires to exercise the authority granted it under RCW
46.55.113, to protect the public safety against the threat posed by drivers with suspended or revoked
licenses, provide for immediate and certain consequences in the form of impoundment of vehicles
driven by drivers with suspended or revoked licenses, deter future such violations, reduce the
incidence of future driving while suspended violations, and halt the increase of jail costs;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Creation. A new article entitled: Article VIII. Impoundment of Vehicles Driven
By SuspendedlRevoked Drivers is added to Chapter 15 of the Federal Way City Code as follows:
Section 15-220. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Authorization means a notarized statement from a person with legal authority giving another
person legal authority to act on his or her behalf.
Costs of Impoundment means the costs of removal, towing and storage incurred by a
registered tow truck operator in impounding a vehicle as provided for herein.
Court means the Federal Way Municipal Court.
Department means the Federal Way Department of Public Safety.
Director means the Director of the Federal Way Department of Public Safety.
DWLS 1 means RCW 46.20.342 (1) (a) or as hereafter amended.
DWLS 2 means RCW 46.20.342 (1) (b) or as hereafter amended.
DWLS 3 means RCW 46.20.342 (1) (c) or as hereafter amended.
Local ordinance means any ordinance or statute enacted by any town, city, municipality or
county regardless of what state the ordinance or statute is enacted in.
ORD # 01-393
, PAGE 2
NVOL / No Valid Operator's License means RCW 46.20.005. or as hereafter amended.
Penalties, fines, and foifeitures mean monetary obligations in addition to costs of removal,
towing and storage of the vehicle. (RCW 46.55.110).
Registered tow truck operator means the towing company awarded the contract for
performance of impounds pursuant to FWCC Section l5-228(a), if the City Manager exercises his or
her option to seek bidders for an exclusive towing contract, or any towing company which the
Director requests pursuant to FWCC Section 15-228(b) to tow and impound vehicles. Registered
tow truck operators shall hold a valid City of Federal Way business license and be registered with the
State of Washington pursuant to RCW 46.55.
Section 15-221. Impoundment.
Whenever the driver of a vehicle is arrested for violation ofDWLS 1, DWLS 2, or DWLS 3, NVOL,
or for violation ofRCW 46.20.345, the vehicle is subject to impoundment at the discretion of an
officer of the Department of Public Safety, by an authorized agent of the Department, or by a
registered tow truck operator acting at the request of an officer or authorized agent of the
Department. For purposes of this subsection, arrested includes, but is not limited to, being
temporarily detained and served with a citation and notice to appear pursuant RCW 46.64.015, as
now or hereafter amended.
Section 15-222. Period ofImpoundment.
(a) If a vehicle is impounded because the driver is arrested for a violation of DWLS 3,
NVOL, or RCW 46.20.345 and the Washington Department of Licensing's records show that the
driver has been convicted of a violation ofDWLS 1, DWLS 2, DWLS 3, NVOL, RCW 46.20.342 or
similar local ordinance one (1) time or less within the last five (5) years, there shall be no mandatory
period of impoundment and the vehicle may be redeemed subject to the provisions ofFWCC 15-224.
(b) If a vehicle is impounded because the driver is arrested for a violation of DWLS 3,
NVOL, or RCW 46.20.345 and the Washington Department of Licensing's records show that the
driver has been convicted two (2) or more times of a violation of DWLS 1, DWLS 2, DWLS 3,
NOVL, RCW 46.20.345 or similar local ordinance within the last five (5) years, the vehicle shall be
impounded for thirty (30) days subject to the provisions ofFWCC 15-224.
(c) If a vehicle is impounded because the driver is arrested for a violation of DWLS 1 or
DWLS 2 and the Washington Department of Licensing's records show that the driver has not been
convicted of a violation ofDWLS 1 or DWLS 2 or similar local ordinance within the last five (5)
years, the vehicle shall be impounded for thirty (30) days, subject to the provisions ofFWCC 15-
224.
(d) If a vehicle is impounded because the driver is arrested for a violation ofDWLS 1 or
DWLS 2 and the Washington Department of Licensing's records show that the driver has been
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convicted one (1) time ofa violation ofDWLS 1 or DWLS 2 or similar local ordinance within the
last five (5) years, the vehicle shall be impounded for sixty (60) days, subject to the provisions of
FWCC 15-224.
(e) If a vehicle is impoUllded because the driver is arrested for a violation ofDWLS lor
DWLS 2 and the Washington Department of Licensing's records show that the driver has been
convicted two (2) or more times of a violation of DWLS 1 or DWLS 2 or similar local ordinance
within the last five (5) years, the vehicle shall be impoUllded for ninety (90) days, subject to the
provisions of FWCC 15-224.
(f) Notwithstanding the provisions of subsections (a) - (e) of this section, a rental car business
may immediately redeem a rented vehicle it owns by payment of the administrative fee and costs of
impoUlldment, whereupon the vehicle will not be held for the mandatory period of impoUlldment.
The officer or authorized agent of the Department who directs the impoUlld shall notify the rental car
business as soon as practicable ofthe impound.
Section 15-223. Notice of Impoundment.
(a) The person impoUllding the vehicle shall provide the driver of the impoUllded vehicle
with a notice including the following:
(1) the name of the impoUllding 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 mandatory period of impoundment under Section 15-222; 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 impoUlld or the costs of impoUlldment.
(b) Not more than twenty-four (24) hours after impoUlldment 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 of the legal and registered owner(s) of the 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 ofthe 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
impoUlld storage rate for each day of the proposed period of impoUlldment, as set forth in Section 15-
222, to ensure payment of the costs of impoundment. The notice shall state that if the security
ORD # 01-393
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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) Ifthe date on which a notice required by subsection (b) ofthis 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.
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. Ifthe 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 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 of the spouse of the 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 ftom the unavailability of the vehicle and after
ORD # 01-393
,PAGES
consideration ofthe threat to public safety that may result fÌ'om release of the vehicle, including, but
not limited to, the driver's criminal history, driving record, license status and access to 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 15-225. Hearing requests.
Any person seeking to redeem a vehicle impounded as a result of a parking citation, traffic
citation, or pursuant to FWCC 15-221 has a right to a hearing before a Municipal Court
Commissioner to contest the validity of an impoUlldment or the amount or removal, towing, and
storage charges and any administrative fee if such request is made in writing, in a form approved by
the City Manager and signed by such person, and received by the MUIlicipal Court within ten (10)
days (including Saturdays, Sundays, and holidays) of the date the notice was given to such person by
the person impounding the vehicle or if the person seeking to contest the impoUlld validity was not
the driver, within 10 days (including Saturdays, Sundays and holidays) of the date the notice was
mailed by the registered tow truck operator pursuant to RCW 46.55.120 (2) (a). Such hearing shall
be provided as follows:
(a) If all of the requirements to redeem the vehicle, including expiration of any period of
impoundment under FWCC 15-221, have been satisfied, then the impounded vehicle shall be
released immediately, and a hearing as provided for in FWCC 15-223 shall be held within ninety
(90) days of the written request for hearing. Any delay attributable to the person requesting the
hearing, including but not limited to continuances of the hearing date, shall be excluded from the
ninety (90) day period.
(b) If not all the requirements to redeem the vehicle, including expiration of any period of
impoUlldment under FWCC 15-221, have been satisfied, then the impoUllded vehicle shall not be
released until after the hearing provided pursuant to FWCC 15-223, which shall be held within two
(2) business days (excluding Saturdays, SUIldays and holidays) of the written request to the
MUIlicipal Court for the hearing UIlless good cause as to the reason(s) for any delay is shown. Any
delay attributable to the person requesting the hearing, including but not limited to continuances of
the hearing date, shall be excluded fÌ'om the two (2) day period.
(c) Any person seeking a hearing who has failed to request such hearing within the time
specified in FWCC 15-223 may petition the MUIlicipal Court Commissioner for an extension of time
to file such a request for hearing. Such extension shall only be granted upon the demonstration of
good cause as to the reason(s) the request for hearing was not timely filed. For the purposes ofthis
section, "good cause" shall be defined as circumstances beyond the control ofthe person seeking the
hearing. In the event such extension is granted, the person receiving such extension shall be granted
a hearing in accordance with this chapter.
(d) If a person fails to file a timely request for hearing and no extension to file such a request
has been granted, the right to a hearing is waived, the impoundment and the associated costs of
impoundment and administrative fees are deemed to be proper, and the City shall not be liable for
removal, towing, and storage charges arising ftom the impoundment.
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(e) In accordance with RCW 46.55.240 (1) (d), a decision made by a Municipal Court
Commissioner may be appealed to the Municipal Court Judge for final judgment. The hearing on
the appeal UIlder this subsection shall be de novo. A person appealing such a decision must file a
request for an appeal within fifteen (15) days after the date of the decision of the Municipal Court
Commissioner and must pay a filing fee in the same amount required for the filing of a suit in district
court. If a person fails to file a request for an appeal within the time specified by this section or does
not pay the filing fee, the right to appeal is waived and the Municipal Court Commissioner's
decision is final.
Section 15-226. Post-impoundment hearing procedure.
Hearings requested pursuant to FWCC 15-225 shall be held by a MUIlicipal Court Commissioner,
who shall determine whether the impoUlldment was proper and whether the associated removal,
towing, storage, and administrative fees were proper.
(a) At the hearing, an abstract of the driver's driving record is admissible without further
evidentiary foundation and is prima facie evidence of the status of the driver's license, permit, or
privilege to drive and that the driver was convicted of each offense shown on the abstract. In
addition, Department of Licensing vehicle registration records of the impounded vehicle are
admissible without further evidentiary foundation and are prima facie evidence of the identity of the
registered owner of the vehicle.
(b) If the impoundment is found to be proper, the Municipal Court Commissioner shall enter
an order so stating. In the event that the costs of impoundment (removal, towing and storage) and
administrative fee have not been paid or any other applicable requirements ofFWCC 15-224(a) or
(b) have not been satisfied or any period ofimpoUlldment under FWCC 15-222 has not expired, the
Municipal Court Commissioner's order shall also provide that the impounded vehicle shall be
released only after payment to the City of any fines imposed on any underlying traffic or parking
infraction and satisfaction of any other applicable requirements ofFWCC 15-224(a) or (b) and after
expiration of any period ofimpoUlldment under FWCC 15-222. The MUIlicipal Court Commissioner
shall grant time payments only in cases of extreme financial need, and where there is an effective
guarantee of payment. In any event, time payments shall not be granted if the person seeking time
payments had failed to fully comply with the requirement to make any time payments previously
granted under this section. In the event time payments are granted, the City shall advance the costs
ofimpoUlldment to the towing company.
(c) Ifthe impoUlld is foUlld to be improper, the Municipal Court Commissioner shall enter an
order so stating and order the immediate release of the vehicle. If the costs of impoundment have
already been paid, the Municipal Court Commissioner shall enter judgment against the City in favor
of the person who has paid the costs of impoundment in the amoUlltofthe costs of the impoUlldment.
(d) In the event that the Municipal Court Commissioner finds that the impound was proper,
but that the removal, towing, storage, or administrative fees charged for the impoUlld were improper,
the Municipal Court Commissioner shall determine the correct fees to be charged. If the costs of
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impoundment have been paid, the Municipal Court Commissioner shall enter a judgment against the
City and in favor of the person who has paid the costs of impoundment for the amount of any
overpayment.
(e) No determination of facts made at a hearing under this section shall have any collateral
estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same
facts in a subsequent criminal prosecution.
(f) An appeal ofthe Municipal Court Commissioner's decision in Municipal Court shall be
conducted according to, and is subject to, the procedures of this section. Ifthe Municipal Court finds
that the impoundment or the removal, towing, storage, or administrative fees are improper, any
judgment entered against the City shall include the amount ofthe filing fee.
(g) As to any impoundment arising ITom an alleged violation under this article, if it is
determined to be improper, then the law enforcement officer directing the impoundment and the
government employing the officer are not liable for damages if the officer relied in good faith and
without gross negligence on the records of the Washington Department of Licensing in ascertaining
that the operator of the vehicle had a suspended or revoked driver's license.
Section 15-227. Administrative Fee.
An administrative fee of$100.00 shall be levied upon each vehicle redeemed under FWCC 15-224.
The fee shall be remitted to the Municipal Court. The fee shall be for the purpose of offsetting, to
the extent practicable, the cost to the City of implementing, enforcing, and administering the
provisions ofthis chapter and shall be deposited in an appropriate account.
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. Award 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) Ifthe 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 confirm with the Washington Department of Licensing (or the applicable
ORD # 01-393
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licensing agency of another state) that the successful bidder at the auction has 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 ofa 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 of the 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 "
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 ofthe 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 ofthis
ordinance or the invalidity ofthe application thereofto any person or circumstance, shall not affect
the validity of the remainder of the 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
ofthis ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force sixty (60) days
from and after its passage and publication, as provided by law.
June
PASSED by the City Council of the City of Federal Way this
,2001.
19th
day of
CITY OF FEDERAL WAY
~~
MAYOR, MI
ORD # 01-393
, PAGE 9
)7.. '(?A-~~A~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
---ßJ1-~. ~
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
OS/29/01
06/19/01
06/23/01
08/l2 /01
01-393
K: \0 RD IN\D WLS impo UIldordinance6. doc
Revised 5-7-01
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01-393
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