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HomeMy WebLinkAbout5216 ORDINANCE NO. 5216 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 10.08 of the Bremerton Municipal Code entitled "Impoundment of Vehicles." WHEREAS, the City Council desires to create a new chapter, Chapter 10.08 of the Bremerton Municipal Code, relating to the impoundment of vehicles and to amend BMC 2.62.045 relating to appeals to the Bremerton Municipal Court to clarify appeal periods for impound hearings and to make related changes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Anew chapter, Chapter 10.08, entitled "Impoundment of Vehicles" is hereby added to the Bremerton Municipal Code to read as follows: Chapter 10.08 EMPOUNDMENT OF VEHICLES 10.08.010 PURPOSE. This chapter identifies the authority for the impoundment of vehicles. Furthermore, this chapter supplements Chapter 46.55 RCW of the Model Traffic Ordinance entitled "Towing and Impoundment" ( "MTO' ), adopted by the City of Bremerton in BMC 10.04.040, by adding provisions relating to impounds of vehicles for violations of driving while license is suspended or revoked ("DWLS ") and redemption of impounded vehicles. In the event that a conflict exists between the provisions of this chapter and Chapter 46.55 RCW, this chapter shall prevail. 10.08.020 IlKPOUNDMENT BY POLICE OFFICER AUTHORIZED. A police officer may impound a vehicle for; (a) Incidents and circumstances as set forth in RCW 46.55.113, (b) Parking violations set forth in RCW 46 61.570, (c) Parking violations set forth in the City's Parking Code, Chapter 10.10 BMC, and (d) Any other violation for winch a vehicle impound is authorized by law. 10.08.030 01POUNDMENTS FOR DRIVING WHILE LICENSE SUSPENDED. (a) DWLS Impoundment Whenever the driver of a vehicle is arrested for a violation of driving while license suspended or revoked pursuant to RCW 46.20.342, or operation of motor vehicle under other license or permit while license is suspended or revoked pursuant to RCW 46.20.345, the vehicle is subject to summary impoundment at the discretion and direction of a law enforcement officer as authorized pursuant to RCW 46.55.113. (b) Owner of Vehicle Responsible It shall be the responsibility of the owner or other person lawfully charged with possession of a vehicle to ensure that any person driving such vehicle has a valid license. It shall not be a defense to impoundment or to the payment of any of 1 Impoundment of Vehicles the costs of impound that the owner or other person lawfully charged with the vehicle was not aware that the driver's license was suspended, revoked, or otherwise invalid. 10.08.040 DWLS EVIPOUNDIVIENT PERIODS. (a) DWLS in Third Degree and Operation under other License If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) (driving while license suspended or revoked in the third degree) or RCW 46.20.345 (operation under other license or pernut while license suspended or revoked), the vehicle shall be immediately redeemable, pursuant to BMC 10.08.050(b) below. (b) DWLS in Fist or Second Degree If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) (driving while license suspended or revoked in the first degree) or RCW 46.20.342(1)(b) (driving while license suspended or revoked in the second degree), the vehicle shall be unpounded for fourteen (14) days. (c) Exception to Impound Period Notwithstanding the fourteen (14) day unpoundment period set forth in BMC 10.08.040(b), an unpounded vehicle may be redeemed upon payment of the costs of removal, towing, storage and applicable fees, including the administrative fee set forth in BMC 10.08.050(b)(3) below, under the following circumstances; (1) Due to economic or personal hardship to the spouse or when the owner of the vehicle was not the driver pursuant to RCW 46.55.120(1)(a), as now enacted or hereafter amended, (2) A rental car business that owns an impounded vehicle or a motor velucle dealer or lender with a perfected security interest in an impounded vehicle may immediately redeem the vehicle pursuant to RCW 46.55.120(1)(c) and (d), as now enacted or hereafter amended, or (3) An impounded vehicle may also be immediately redeemed as otherwise required by law. Early redemption of a vehicle impounded pursuant to the provisions of this subsection may be authorized by the Chief of Police, or designee. 10.08.050 STORAGE AND REDEMPTION OF IMPOUNDED VEHICLES. (a) Inventory of Vehicle and Pmperty A vehicle impounded pursuant to BMC 10.08.020 above may be inventoried incident to impoundment pursuant to the laws of the State of Washington and the United States. With the exception of personal property seized by a police officer, personal property contained within an impounded vehicle shall continue to be the responsibility of its owner, or the person driving the vehicle, and shall be dealt with pursuant to the requirements of RCW 46.55 090 and other applicable statutes as now enacted or hereafter amended. (b) Redemption of Vehicle. The redemption of impounded vehicles shall be as set forth in RCW 46.55.120, except as otherwise provided for in this chapter. An impounded vehicle may be redeemed as follows: (1) Redemption At the conclusion of the applicable period of unpoundment, if any, the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A towing contractor may use any reasonable means necessary to confirm that the person redeeming the vehicle is authorized to redeem the vehicle, and neither the City nor the tow company shall be 2 Impoundment of Vehicles responsible for any loss resulting from a delay during the time in which the towing contractor is confirming authorization. (2) Payment of Impound Costs Prior to redeeming the impounded vehicle, any person redeeming a vehicle impounded pursuant to this section shall pay the towing contractor for the costs of impoundment, including removal, towing, and storage fees accrued as a result of the impoundment. The towing contractor shall accept payment as provided in RCW 46.55.120 and other applicable statutes as currently enacted or hereafter amended. (3) Administrative Fee and Costs - DWLS Impounds Any person redeeming a vehicle impounded pursuant to the provisions of BMC 10.08.030(a) above (DWLS unpound) shall pay an administrative fee of One Hundred Dollars ($100.00) to the City prior to the redemption of the vehicle. 10.08.060 HEARING. Any person seeking to redeem an unpounded vehicle under this chapter has a right to a hearing in the Bremerton Municipal Court to contest the validity of the impound or the amount of towing or storage charges pursuant to RCW 46.55.120(2), as now enacted or hereafter amended. Any request for a hearing shall be made within ten (10) calendar days from the date of receipt of the notice of right of redemption and opportunity for a hearing pursuant to RCW 46.55.120(2)(b). A vehicle impounded pursuant to this chapter shall remain impounded for the required impound period regardless of the filing of a request for a hearing, unless otherwise released by the Chief of Police or the Bremerton Municipal Court. SECTION Z. Section 2 62.045 of the Bremerton Municipal Code entitled "Municipal Court Hearing Examiner — Procedure — Appeal" is hereby amended as follows: 2.62.045 MUNICIPAL COURT HEARING EXAMINER — PROCEDURE — APPEAL. The Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Department Director or designee. Appeals to the Municipal Court Hearing Examiner from any final administrative decision covered by the provisions of this chapter shall be made within seven (7) working days, unless a different appeal period is specifically provided for in the Bremerton Mumcnpal Code relatin to o the appeal from the date of appellant's notification of the decision. Date of marling shall be considered date of notification Appeals shall include the appellant's name, address and telephone number, the written decision being appealed and the municipal code section establishing the appeal. Appeals shall be accompanied by a filing fee, pursuant to Chapter 3 01 BMC, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings. Unless otherwise provided by state law or the Bremerton Mumcrpal Code Enfememeat enforcement of the administrative decision being appealed to the Municipal Court Hearing Examiner shall be stayed during the pendency of an appeal which has been properly and timely filed, provided there is not imminent threat to the public's safety and welfare. The Municipal Court Hearing Examiner's decision shall be final and conclusive unless the appellant or the City files for a writ of certiorari in Kitsap County Superior Court within thirty (30) days. Procedures of this section including filing fee and appeal of the Municipal Court 3 Impoundment of Vehicles Hearing Examiner's decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal. The Municipal Court Hearing Examiner shall have jurisdiction to hear and rule on complaints referred under the City's Code of Ethics, Chapter 2.96 BMC, and to receive and rule on appeals of administrative decisions specified in the following titles of the Bremerton Municipal Code: (1) Animals and BMC Title 7; (2) Traffic, BMC Title 10. All references to Hearing Examiner in Chapter 2.96 BMC and these titles shall mean Municipal Court Hearing Examiner. SECTIONS. Severability If anyone or more sections, subsections, or sentences of tins Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the 5 day of J ape." . 7 2013 '&" wu'-a� GREG ELER, Council President Approved this of -J ! 'e, , 2013 P TTY LE ayor ATTEST: APPROVED AS TO FORM: ON CORIN, City Clerk ROGER A. LUBOVICH, City Atto PUBLISHED the day of 2013 EFFECTIVE the day of " , 2013 ORDINANCE NO. 5216 R\Legal \Legal \Ordmances\Pohce\BMC 10 08 Impoundment of Velucles -Final doc 4 Impoundment of Vehicles AFFIDAVIT OF PUBLICATION Account #42742 AD# 20133932 STATE OF WASHINGTON COUNTY OF KITSAP I, Rolene Buswell, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on June 8, 2013 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $35 60 This amount has not been paid in full ,- 2� 2L ti (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 18, 2013 NOTARY PUBLIC STATE OF WASHINGTON CHRISTY M MOFFITT My Appointment Expires July 08, 2016 ORDINANCE NO 5216 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 10 08 of the Bremerton Municipal Code entitled "Impoundment of Vehicles " PASSED by the City Council on the 5th day of June, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 June 8, 2013 AD# 20133932