Seattle City Council Bills and Ordinances
Information modified on December 8, 2010; retrieved on March 28, 2024 10:23 PM
Ordinance 123447
Introduced as Council Bill 117025
Title | |
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AN ORDINANCE relating to enforcement and timely payment of parking infractions; providing authority for the Seattle Police Department to immobilize and impound vehicles with four or more outstanding parking infractions when in a public right-of-way or on public property; establishing notice, payment, vehicle release, public education and administrative review requirements and procedures; adding a new Chapter 11.35 to the Seattle Municipal Code; and, amending Seattle Municipal Code Sections 11.30.040 and 11.30.120. |
Description and Background | |
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Current Status: | Passed |
Fiscal Note: | Fiscal Note to Council Bill No. 117025 |
Index Terms: | PARKING, FINES |
Legislative History | |
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Sponsor: | GODDEN | tr>
Date Introduced: | October 25, 2010 |
Committee Referral: | Budget |
City Council Action Date: | November 22, 2010 |
City Council Action: | Passed |
City Council Vote: | 9-0 |
Date Delivered to Mayor: | November 23, 2010 |
Date Signed by Mayor: (About the signature date) | December 2, 2010 |
Date Filed with Clerk: | December 2, 2010 |
Signed Copy: | PDF scan of Ordinance No. 123447 |
Text | |
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AN ORDINANCE relating to enforcement and timely payment of parking infractions; providing authority for the Seattle Police Department to immobilize and impound vehicles with four or more outstanding parking infractions when in a public right-of-way or on public property; establishing notice, payment, vehicle release, public education and administrative review requirements and procedures; adding a new Chapter 11.35 to the Seattle Municipal Code; and, amending Seattle Municipal Code Sections 11.30.040 and 11.30.120. WHEREAS, RCW 46.55.240(1)(a) authorizes a city to authorize by ordinance the impoundment of vehicles from the public right-of-way or other publicly owned or controlled property in such situations as the city may prescribe; and WHEREAS, parking in the public right-ofway is regulated to promote traffic safety, enhance traffic flow and, in certain areas of high demand for parking such as business and residential districts, to fairly allocate parking spaces by regulating, charging for or limiting parking time; and WHEREAS, a more efficient enforcement program for those vehicles in scofflaw with four or more outstanding parking citations, is necessary to better allocate limited parking resources; and WHEREAS, although the great majority of those receiving parking citations respond appropriately, some vehicles are repeatedly ticketed for parking violations that are then not paid, thereby, negatively impacting traffic flow, access to curbspace, and parking turnover; and WHEREAS, the nature of these parking problems calls for efforts, in certain cases, to immobilize or remove these vehicles from the public right-of-way to allow others to make lawful use of available parking spaces; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. A new Chapter 11.35 is added to the Seattle Municipal Code as follows: 11.35 IMMOBILIZATION 11.35.010 Scofflaw list A. When there are four or more parking citations issued against a vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay amounts due for at least 45 days from the date of the filing of each of those citations, the Seattle Municipal Court shall place the vehicle on a list of scofflaws, and shall mail, by first class mail, a notice to the last known registered owner of the vehicle, as disclosed by the vehicle license number as provided by the Washington State Department of Licensing or equivalent vehicle licensing agency of the state in which the vehicle is registered. B. The registered vehicle owner may request an administrative review at the Seattle Municipal Court at any time that the vehicle is on the scofflaw list until the vehicle has been immobilized or impounded. The review should only examine whether the vehicle is properly on the scofflaw list and shall not review the underlying citations that caused the vehicle to be included on the scofflaw list. The vehicle shall be removed from the list only upon a showing by the registered owner that either: 1. fewer than four of the citations that caused the vehicle to be included on the scofflaw list were committed while the current registered owner was the legal owner of the vehicle; or 2. all amounts due pertaining to the citations that met the criteria for scofflaw under Section 11.35.010 A have been satisfied in full. C. A vehicle shall remain on the scofflaw list until all penalties, fines, or fees owed relating to all parking citations, plus all immobilization, towing, and storage charges and administrative fees have been paid, or a time payment plan has been arranged with the Seattle Municipal Court or authorized agent. D. When a time payment plan is created, the subject vehicle shall be temporarily removed from the scofflaw list and the payment amounts shall be applied on a pro rata basis until all penalties, fines or fees owed relating to all parking citations are satisfied. A vehicle that has been temporarily removed from the scofflaw list shall be returned to the list if the owner defaults on the time payment agreement, in accordance with guidelines adopted by the Seattle Municipal Court. 11.35.020 Immobilization A. Effective July 1, 2011 and thereafter, if the notice requirements under Section 11.35.010 A have been met, and if parked in public right-of-way or on other publicly owned or controlled property, a vehicle on the scofflaw list may be immobilized by installing on such vehicle a device known as a "boot," which clamps and locks onto the vehicle wheel and impedes vehicle movement. If a vehicle is immobilized, it shall not be released until full payment has been made, or a time payment agreement has been entered into for all outstanding penalties, fines, or fees owed for all parking citations, plus all immobilization, towing, and storage charges and administrative fees. B. Any vehicle that remains booted for 48 hours or more, not including any of the 48 hours from the beginning of Saturday until the end of Sunday, or which becomes illegally parked while booted, shall be subject to towing and impoundment pursuant to Section 11.30.040. The Seattle Department of Transportation and Seattle Police Department shall issue joint guidelines for vehicle towing related to immobilization, based on Sections 11.30.040 and 11.16.320. C. The person installing the boot shall leave under the windshield wiper or otherwise attach to the vehicle a notice advising the owner that the vehicle has been booted by the City of Seattle for failure to respond, failure to appear at a requested hearing, and failure to pay amounts due for four or more adjudicated parking infractions for at least 45 days from the date of the last such adjudication issued against the vehicle; that release of the boot may be obtained by paying all outstanding penalties, fines, or forfeitures owed relating to all adjudicated violations, plus all booting, removal, towing, and storage charges and administrative fees; that unless such payment is made within two business days of the date of the notice, the vehicle will be impounded; that it is unlawful for any person to remove or attempt to remove the boot, to damage the boot, or to move the vehicle with the boot attached, unless authorized by the Seattle Police Department or an authorized agent of the City; and that the owner may seek an administrative review of the booting by submitting a request to the Seattle Municipal Court within thirty days of the release of the boot. The notice shall further state that the vehicle remains subject to impoundment regardless of whether the owner requests an appeal. D. The vehicle may be released from immobilization when the vehicle owner or an agent of the owner pays all outstanding penalties, fines, or fees owed for all parking citations, plus all immobilization, towing, and storage charges and administrative fees, or enters into a time payment agreement for the payment thereof. Upon full payment or upon entry into a time payment agreement, the Seattle Police Department or other authorized agent of the City shall promptly remove or enable the removal of the boot from the vehicle. If payment is made in full, the vehicle shall be removed from the scofflaw list and shall not be subject to immobilization or impoundment for the paid citations. Upon entry into a time payment agreement, the vehicle shall be temporarily removed from the scofflaw list and shall not be subject to immobilization, provided, however, that the vehicle shall be returned to the scofflaw list and be subject to immobilization if the owner defaults on the time payment agreement. A registered owner who defaults on a time payment agreement shall not be given another opportunity to make a time payment arrangement and therefore, payment for all penalties, fines, or fees owed for all parking citations, plus all immobilization, towing, and storage charges and administrative fees shall be made in full before the vehicle may be removed from the scofflaw list or released from immobilization or impound. E. No person other than an authorized employee of the Seattle Police Department or an authorized agent of the City shall remove or enable the removal of the boot described in subsection A of this Section from any vehicle on which it has been installed unless the requirements of subsection D have been met. F. If the Seattle Police Department or an authorized agent of the City enables the vehicle owner to remove the boot, the owner shall return the boot to a location designated by the Department within two calendar days of the removal. G. No person, other than an authorized employee of the Seattle Police Department or other authorized agent of the City, shall move, by towing or other means, any vehicle after it has been immobilized but before the boot has been removed. H. The Director of Finance and Administrative Services shall determine and set an immobilization fee and an administrative fee in amounts such that the sum of such fees do not exceed the administrative fee for vehicle impoundment under Section 11.30.120. An administrative fee, if any, shall be levied when the boot is removed. The administrative fee shall be collected by the contractor releasing the vehicle from immobilization, shall be remitted to the Department of Finance and Administrative Services, and shall be deposited in an appropriate account. I. A person who fails to return the booting device within the time frame required by subsection F of this section may be charged a late fee as determined by the Director of Finance and Administrative Services. J. A person who intentionally damages the booting device may be charged a replacement fee as determined by the Director of Finance and Administrative Services and also may be prosecuted for the crime of property destruction under section 12A.08.020. K. The Director of Finance and Administrative Services shall adopt rules governing the imposition of fees under this Section 11.35.020. 11.35.030 Post-immobilization review The registered vehicle owner may seek a post-deprivation review of the immobilization by submitting a written request to the Seattle Municipal Court within ten days of the placement of the notice on the vehicle, as established by the notice date. Upon timely receipt of such written request, the Seattle Municipal Court shall, within a reasonable time as established by the Court, conduct a review on the issue of whether the immobilization was proper and shall issue a written decision setting forth the reasons on which the decision is based, provided, however, that any previously adjudicated parking infractions that formed the basis of the vehicle's scofflaw status shall not be subject to the review. The person seeking review shall have an opportunity to present evidence on his or her behalf in accordance with requirements established by the Court. Section 2. Effective July 1, 2011, Section 11.30.040, as last amended by Ordinance 121525, is amended as follows: 11.30.040 When a vehicle may be impounded without prior notice. A. A vehicle may be impounded with or without citation and without giving prior notice to its owner as required in Section 11.30.060 hereof only under the following circumstances: ***
7. When a vehicle is parked in a public right-of-way or on other publicly owned or controlled property (( *** Section 3. Effective July 1, 2011, Section 11.30.120, as last amended by Ordinance 121525, is amended as follows: 11.30.120 Redemption of impounded vehicles. Vehicles impounded by the City shall be redeemed only under the following circumstances:
A. Only 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 therefore, may redeem an impounded
vehicle. A person redeeming a vehicle impounded pursuant to Section 11.30.105 must prior to redemption establish that he or she has a valid driver's license and is in compliance with Section 11.20.340. A vehicle impounded pursuant to (( B. Any person so redeeming a vehicle impounded by the City shall pay the towing contractor for costs of impoundment (removal, towing, and storage) and administrative fee 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. If the vehicle was impounded pursuant to Section 11.30.105 and was being operated by the registered owner when it was impounded, it may not be released to any person until all penalties, fines, or fees owed by the registered owner to the City of Seattle have been satisfied by payment in full, by establishment of a time payment agreement with the Municipal Court, or by other means acceptable to the Municipal Court. If the vehicle was impounded pursuant to Section 11.30.040.A.7, it may not be released to any person until all penalties, fines, or fees on all parking infractions described in that section, and all booting, removal, towing, storage, lost boot, and administrative fees charged against the vehicle and owed by the registered owner to the City of Seattle have been satisfied by payment in full or through a time payment plan. Upon payment in full or time payment arrangement of such obligations, the court may issue a written release authorization allowing the vehicle to be released from impoundment. *** Section 4. Prior to the initiation of booting procedures on July 1, 2011, the Seattle Department of Transportation shall develop and implement a public education campaign to highlight the City's parking enforcement laws and rules, including the consequences of vehicle immobilization for not paying citations. Section 5. This ordinance shall take effect and be in force 30 days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020. Passed by the City Council the ____ day of ________________________, 2010, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2010. _________________________________ President __________of the City Council Approved by me this ____ day of _____________________, 2010. _________________________________ Michael McGinn, Mayor Filed by me this ____ day of __________________________, 2010. ____________________________________ City Clerk (Seal) Mary Catherine Snyder / Peter Harris SDOT Scofflaw Booting Program ORD November 17, 2010 Version #6 Form Last Revised on December 31, 2007 9 |
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