HomeMy WebLinkAbout2023-04, Ordinance Revise Chapter 10.20 of EWMC (impound)City of East Wenatchee Ordinance 2023-04 and Exhibit A Page 1 of 3
City of East Wenatchee, Washington
Ordinance No. 2023-04
An Ordinance of the City of East Wenatchee amending Chapter 10.20 of the
East Wenatchee Municipal Code (EWMC) to accommodate new options for
removing parked recreational vehicles to a place of safety.
Una Ordenanza de la Ciudad de East Wenatchee que modifica el capítulo
6.04.230 del Código Municipal de East Wenatchee (EWMC) que cambia la
pena por cometer infracciones relacionadas con animales, que contiene una
cláusula de divisibilidad y establece una fecha de vigencia.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz
alta, etc.), comuníquese con la secretaria de la Ciudad al
alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.),
please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509)
884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated
and operating under the laws of the State of Washington.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
4. Purpose. The purpose of this ordinance is to amend Chapter 10.20 of the East
Wenatchee Municipal Code (EWMC) to accommodate new options for removing
parked recreational vehicles to a place of safety.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5. Amendment. The City Council amends EWMC Chapter 10.20 as set forth in
Exhibit A.
6. Findings of Fact. The City Council adopts as its findings of fact the recitals set
forth above.
7. Repeal. The City Council repeals those provisions of any ordinance that are in
conflict with the language of this Ordinance.
8. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of the
other provisions of this Ordinance.
Page 1/6
10.20.010 Definitions.
A.The definitions contained in RCW 46.55.010, as the same now exists or as may be hereafter amended, are
adopted by reference and incorporated herein and shall apply to all words and phrases contained in this chapter.
B. Subject to amendment by RCW 46.55.010, as set forth in subsection A of this section, the definitions set forth in
this section apply throughout the chapter:
1. “Abandoned vehicle” means a vehicle that a registered tow truck operator has impounded and held in his
possession for 120 consecutive hours.
2. “Abandoned vehicle report” means the document prescribed by the state that the towing operator forwards to
the Department after a vehicle has become abandoned.
3.“Department” means the Washington State Department of Licensing.
4. “Impound” means to take and hold a vehicle in legal custody. There are two types of impounds – public and
private.
a. “Public impound” means that the vehicle has been impounded at the direction of a law enforcement
officer or other public official having jurisdiction over the public property upon which the vehicle was
located.
b. “Private impound” means that the vehicle has been impounded at the direction of a person having
control or possession of the private property upon which the vehicle was located.
5. “Junk vehicle” means a motor vehicle certified under EWMC 10.20.050 and RCW 46.55.230 as meeting at
least three of the following requirements:
a. Is three years old or older;
b. Is extensively damaged, such damage including but not limited to any of the following: a broken
window or windshield or missing wheels, tires, motor, or transmission;
c. Is apparently inoperable;
d.Has an approximate fair market value equal only to the approximate value of the scrap in it.
6.“Master log” means the document or an electronic facsimile prescribed by the Department and the
Washington State Patrol in which an operator records transactions involving impounded vehicles.
7. “Place of safety” means any of
a. The business location of a registered tow truck operator;
b. a lawful parking location; and
c. A publicly owned or controlled property that is an area enclosed by a fence at least six feet high and
constructed to prevent access by the general public with a gate that can be locked, or storage within an enclosed
building.
78. “Registered tow truck operator” or “operator” means any person who engages in the impounding,
transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles.
89. “Residential property” means property that has no more than four living units located on it.
910.“Tow truck” means a motor vehicle that is equipped for and used in the business of towing vehicles with
equipment as approved by the State Patrol.
EXHIBIT A
East Wenatchee Ordinance 2023-04 Exhibit A
Page 2/6
1011. “Tow truck number” means the number issued by the Department to tow trucks used by a registered tow
truck operator in the state of Washington.
1112. “Tow truck permit” means the permit issued annually by the Department that has the classification of
service the tow truck may provide stamped upon it.
1213. “Tow truck service” means the transporting upon the public streets and highways of this state of vehicles,
together with personal effects and cargo, by a tow truck of a registered operator.
1314. “Unauthorized vehicle” means a vehicle that is subject to impoundment after being left unattended in one
of the following public or private locations for the indicated period of time:
Subject to removal after:
a. Public locations:
(1) Constituting an accident or a traffic hazard as defined in RCW 46.55.113: immediately.
(2) On a highway or pleasure vehicles on a public right of way and tagged as described in RCW
46.55.085: 24 hours.
(3) In a publicly owned or controlled parking facility, properly posted under EWMC 10.20.020(A) and
RCW 46.55.070: immediately.
b. Private locations:
(1)On residential property: immediately.
(2)On private, nonresidential property, properly posted under EWMC 10.20.020(A) and RCW
46.55.070: immediately.
(3)On private, nonresidential property, not posted: 24 hours. (Ord. 99-9 § 1, 1999)
10.20.020 Impounding unauthorized vehicles.
A. Posting Requirements – Exception.
1.No person may impound, tow, or otherwise disturb any unauthorized vehicle standing on nonresidential
private property or in a public parking facility for less than 24 hours unless a sign is posted near each entrance
and on the property in a clearly conspicuous and visible location to all who park on such property that clearly
indicates:
a. The times a vehicle may be impounded as an unauthorized vehicle; and
b.The name, telephone number and address of the towing firm where the vehicle may be redeemed.
2.The requirements of subsection (A)(1) of this section do not apply to residential property. Any person having
charge of such property may have an unauthorized vehicle impounded immediately upon giving written
authorization.
3.All signs required by subsection (A)(1) of this section shall conform to rules relating to the size of the sign,
its lettering, placement, and the number required, adopted by the Department.
B. Impoundment.
1.If a vehicle is in violation of the time restrictions of EWMC 10.20.010(B)(13), it may be impounded by a
registered tow truck operator at the direction of a law enforcement officer or the mayor or his or her designee, if
the vehicle is on public property, or at the direction of the property owner or his agent if it is on private
EXHIBIT A
East Wenatchee Ordinance 2023-04 Exhibit A
Page 3/6
property. A law enforcement officer may also direct the impoundment of a vehicle pursuant to a writ or court
order.
2. 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. A registered tow truck
operator, employee, or his or her agent may not serve as an agent of a property owner for the purposes of
signing an impound authorization, or independent of the property owner, identify a vehicle for impound.
3.In the case of a private impound, the impound authorization shall include the following statement: “A person
authorizing this impound, if the impound is found in violation of Chapter 46.55 RCW, may be held liable for
the costs incurred by the vehicle owner.”
4.A registered tow truck operator shall record and keep in the operator’s files the date and time that a vehicle is
put in the operator’s custody and released. The operator shall make an entry into a master log regarding
transactions relating to impounded vehicles. The operator shall make this master log available, upon request, to
representatives of the Department or the State Patrol.
5. A person who engages in or offers to engage in the activities of a registered tow truck operator may not be
associated in any way with a person or a business whose main activity is authorizing the impounding of
vehicles.
C.Law Enforcement Impound – Unauthorized Vehicle in Right-of-Way.
1. A law enforcement officer discovering an unauthorized vehicle left within a highway or other public right-
of-way shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following
information:
a. The date and time the sticker was attached;
b.The identity of the officer;
c. A statement that if the vehicle is not removed within 24 hours from the time the sticker is attached, the
vehicle may be taken into custody and stored at the owner’s expense; and
d.The address and telephone number where additional information may be obtained.
2.If the vehicle has current Washington registration plates, the officers 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.
3. If the vehicle is not removed within 24 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 24 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.
4.For the purposes of this section, a place of safety includes the business location of a registered tow truck
operator.
D. Storage.
1.Except for vehicles removed to a place of safety, All all vehicles impounded shall be taken to the nearest
storage location that has been inspected and is listed on the application filed with the Department.
EXHIBIT A
East Wenatchee Ordinance 2023-04 Exhibit A
Page 4/6
2. All vehicles stored under this section shall be handled and returned in substantially the same condition as
they existed before being towed.
3.All personal belongings and contents in the a vehicle stored under this section, 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.
4.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 East Wenatchee police
department. Such personal belongings shall be disposed of pursuant to Chapter 63.32 or 63.40 RCW.
5.Tow truck drivers shall have a Washington State driver’s license endorsed for the appropriate classification
under Chapter 46.25 RCW or the equivalent issued by another state.
6.Any person who shows proof of ownership or written authorization from the impounded vehicle’s registered
or legal owner or the vehicle’s insurer may view the vehicle without charge during normal business hours.
E.Impound Notice – Abandoned Vehicle Report – Owner Information – Disposition – Report.
1. At the time of impoundment, the registered tow truck operator providing the towing service shall give
immediate notification, by telephone or radio, to the East Wenatchee police department who shall maintain a
log of such reports. The East Wenatchee police department, or a private communication center acting on behalf
of the East Wenatchee police department, shall, within six to 12 hours of the impoundment, provide to a
requesting operator the name and address of the legal and registered owners of the vehicle, and the registered
owner of any personal property registered or titled with the Department that is attached to or contained in or on
the impounded vehicle, the vehicle identification number, and any necessary, pertinent information. The initial
notice of impoundment shall be followed by a written or electronic facsimile notice within 24 hours. In the case
of a vehicle from another state, time requirements of this subsection do not apply until the East Wenatchee
police department receives the information.
2.The tow truck operator shall immediately send an abandoned vehicle report to the Department for any
vehicle, and for any items of personal property registered or titled with the Department, that are in the
operator’s possession after the 120-hour abandonment period. Such report need not be sent when the
impoundment is pursuant to a writ, court order, or police hold. The owner notification and abandonment
process shall be initiated by the registered tow truck operator immediately following notification by a court or
law enforcement officer that the writ, court order, or police hold is no longer in effect.
3. Following the submittal of an abandoned vehicle report, the Department shall provide the registered tow
truck operator with owner information within 72 hours.
4.Within 14 days of the sale of an abandoned vehicle at public auction, the towing operator shall send a copy
of the abandoned vehicle report showing the disposition of the abandoned vehicle and any other items of
personal property registered or titled with the Department to the Crime Information Center and the Washington
State Patrol.
5. If the operator sends an abandoned vehicle report to the Department and the Department finds no owner
information, an operator may proceed with an inspection of the vehicle and any other items of personal
property registered or titled with the Department to determine whether owner identification is within the
vehicle.
6. If the operator finds no owner identification, the operator shall immediately notify the appropriate law
enforcement agency, which shall search the vehicle and any other items of personal property registered or titled
with the Department for the vehicle identification number or other appropriate identification numbers and
check the necessary records to determine the vehicle’s or other property’s owners.
EXHIBIT A
East Wenatchee Ordinance 2023-04 Exhibit A
Page 5/6
F. Responsibility of Registered Owner.
1.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.
2.If an unauthorized vehicle is found abandoned under subsection (F)(1) 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.
3. A vehicle theft report filed with a law enforcement agency relieves the last registered owner of liability under
subsection (F)(2) 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
(F)(1) 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.
4.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 (F)(1) and (2) 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 the costs incurred in removing,
storing and disposing of the abandoned vehicle, less amounts realized at auction. If the date of the sale is after
the date of impoundment, the previous registered owner is assumed to be liable for such costs. A licensed
vehicle dealer is not liable under subsections (F)(1) and (2) 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 at auction.
5.For the purposes of reporting notices of traffic infraction to the Department under RCW 46.20.270 and
46.52.100, and for purposes of reporting notices of failure to appear, respond, or comply regarding a notice of
traffic infraction to the Department under RCW 46.63.070(5), a traffic infraction under subsection (F)(2) of this
section is not considered to be a standing, stopping, or parking violation.
6. A notice of infraction for a violation of this section may be filed with the East Wenatchee municipal court.
G.Notice to Legal and Registered Owners.
1. When an unauthorized vehicle is impounded, the impounding towing operator shall notify the legal and
registered owners of the impoundment of the unauthorized vehicle and the owners of any other item of personal
property registered or titled with the Department. The notification shall be sent by first-class mail within 24
hours after the impoundment to the last known registered and legal owners of the vehicle, and the owners of
any other items of personal property registered or titled with the Department, as provided by the law
enforcement agency, and shall inform the owners of the identity of the person or agency authorizing the
impoundment. The notification shall include the name of the impounding tow firm, its address and telephone
number. The notification shall also include the location, time of the impoundment, and by whose authority the
vehicle was impounded. The notification shall also include the written notice of the right of redemption and the
opportunity for a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120.
2. In the case of an abandoned vehicle, or other item of personal property registered or titled with the
Department, within 24 hours after receiving information on the owners from the Department through the
abandoned vehicle report, the tow truck operator shall send by certified mail, with return receipt requested, a
notice of custody and sale to the legal and registered owners.
EXHIBIT A
East Wenatchee Ordinance 2023-04 Exhibit A
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3. If the date on which a notice required by subsection (G)(2) of this section is to be mailed falls upon a
Saturday, Sunday or a postal holiday, the notice may be mailed on the next day that is neither a Saturday,
Sunday nor a postal holiday.
4.No notices need to be sent to the legal and registered owners of an impounded vehicle or other item of
personal property registered or titled with the Department, if the vehicle or personal property has been
redeemed.
5.If the vehicle is removed to a place of safety, the city, and not the tow truck operator, must provide any
written notices required herein and by RCW 46.55.110(1) and (3), and 46.55.120(2), and maintain any records
stated therein.
H. Removal by Police Officer.
1.Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 or of RCW
46.20.342 or 46.20.420, the vehicle is subject to impoundment, pursuant to applicable local ordinance at the
direction of a law enforcement officer. 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 a 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 or 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 46.61.581 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 a valid driver’s license in violation
of RCW 46.20.005 or with a license that has been expired for 90 days or more.
2.Nothing in this section may derogate from the powers of police officers under the common law. For purposes
of this section, a place of safety may include the business location of a registered tow truck operator. (Ord. 99-9
§1, 1999)
EXHIBIT A
East Wenatchee Ordinance 2023-04 Exhibit A