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(1) Impoundment.

(a) If a vehicle is in violation of the time restrictions of §12.14.010(5), it may be impounded by a registered tow truck operator at the direction of a law enforcement officer or other public official with jurisdiction if the vehicle is on public property, or at the direction of the property owner or an agent if it is on private property. A law enforcement officer may also direct the impoundment of a vehicle pursuant to a writ or court order.

(b) The person requesting a private impound or a law enforcement officer or 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.

(2) Law Enforcement Impound – Unauthorized Vehicle in Right-of-Way.

(a) A law enforcement officer discovering an unauthorized vehicle left within a highway right-of-way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:

(i) The date and time the sticker was attached;

(ii) The identity of the officer;

(iii) A statement that if the vehicle is not removed within twenty-four hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense; and

(iv) The address and telephone number where additional information may be obtained.

(b) If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.

(c) If the vehicle is not removed within twenty-four hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle’s removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside for more than twenty-four hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.

(d) For the purposes of this section a place of safety includes the business location of a registered tow truck operator.

(3) Storage.

(a) All vehicles impounded shall be taken to the nearest storage location that has been inspected as required by RCW 46.55 and is listed on the application filed with the Department of Licensing.

(b) All vehicles shall be handled and returned in substantially the same condition as they existed before being towed.

(c) All personal belongings and contents in the vehicle, with the exception of those items of personal property that are registered or titled with the department, shall be kept intact, and shall be returned to the vehicle’s owner or agent during normal business hours upon request and presentation of a driver’s license or other sufficient identification. Personal belongings, with the exception of those items of personal property that are registered or titled with the department, shall not be sold at auction to fulfill a lien against the vehicle.

(d) All personal belongings, with the exception of those items of personal property that are registered or titled with the department, not claimed before the auction shall be turned over to the Garfield Town Marshal. Such personal belongings shall be disposed of pursuant to Chapter 63.32 or 63.40 RCW.

(4) Impound Notice – Abandoned Vehicle Report – Owner Information – Disposition Report. The registered tow truck operator providing the towing service shall comply with RCW 46.55.100. The Garfield Police Department shall be responsible for providing all owner information required under this section and RCW 46.55.100.

(5) Responsibility of Registered Owner.

(a) The abandonment of any vehicle creates a prima facie presumption that the last registered owner of record is responsible for the abandonment and is liable for costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction.

(b) If an unauthorized vehicle is found abandoned under subsection (5)(a) of this section and removed at the direction of law enforcement, the last registered owner of record is guilty of a traffic infraction, unless the vehicle is redeemed as provided in RCW 46.55.120. In addition to any other monetary penalty payable under chapter 46.63 RCW, the court shall not consider all monetary penalties as having been paid until the court is satisfied that the person found to have committed the infraction has made restitution in the amount of the deficiency remaining after disposal of the vehicle under RCW 46.55.140.

(c) A vehicle theft report filed with a law enforcement agency relieves the last registered owner of liability under subsection (5)(b) of this section for failure to redeem the vehicle. However, the last registered owner remains liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle under subsection (5)(a) of this section. Nothing in this section limits in any way the registered owner’s rights in a civil action or as restitution in a criminal action against a person responsible for the theft of the vehicle.

(d) Properly filing a report of sale or transfer regarding the vehicle involved in accordance with RCW 46.12.101(1) relieves the last registered owner of liability under subsections (5)(a) and (5)(b) of this section. If the date of sale as indicated on the report of sale is on or before the date of impoundment, the buyer identified on the latest properly filed report of sale with the department is assumed liable for costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized at auction. If the date of sale is after the date of impoundment, the previous registered owner is assumed liable for all such costs. A licensed vehicle dealer is not liable under subsections (5)(a) and (5)(b) of this section if the dealer, as transferee or assignee of the last registered owner of the vehicle involved, has complied with the requirements of RCW 46.70.122 upon selling or otherwise disposing of the vehicle, or if the dealer has timely filed a transitional ownership record or report of sale under RCW 46.12.103. In that case the person to whom the licensed vehicle dealer has sold or transferred the vehicle is assumed liable for the costs incurred in removing, storing, and disposing of the abandoned vehicle, less amounts realized in auction.

(6) Notice to Legal and Registered Owners. When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the vehicle as required by RCW 46.55.110 and shall otherwise comply with all requirements of RCW 46.55.110.

(7) Removal by Police Officer. Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety. In addition, a police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under any of the following circumstances:

(a) Whenever a police 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 the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway:

(b) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic of jeopardizes public safety:

(c) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;

(d) Whenever the driver of a vehicle is arrested and taken into custody by a police officer:

(e) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;

(f) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;

(g) Upon determining that a person is operating a motor vehicle without valid driver’s license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more.

Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.

(8) Redemption of vehicles and sale of unredeemed property.

(a) Vehicles or other items of personal property registered with the Department of Licensing that are impounded pursuant to this Chapter may be redeemed as provided under RCW 46.55.120;

(b) Any impounded abandoned vehicle or item of personal property registered or titled with the Department of Licensing that is not redeemed within fifteen days of mailing of the notice of custody and sale as required by §12.14.040(6) of this Chapter and RCW 46.55.110(3) shall be sold at public auction in accordance with all the provisions and subject to all conditions of §12.14.040(9) of this Chapter and RCW 46.55.130. A vehicle or item of personal property registered or titled with the Department may be redeemed any time before the start of the auction upon payment of the applicable towing and storage fees.

(9) Sale of Impounded Vehicles. Impounded vehicles may be sold at public auction subject to the notice requirements, procedures and provisions of RCW 46.55.130.

(10) Tow Truck Operator’s Lien and Deficiency Claim. A registered tow truck operator who has a valid and signed impoundment authorization has a lien and a deficiency claim for services provided in the towing and storage of the vehicle as provided in the towing and storage of the vehicle as provided in RCW 46.55.140. (Ord. 280-N, §5, 2001)