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
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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
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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
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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
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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