CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the regulation of the tow industry; revising tow industry regulations; repealing Sections 6.214.010, 6.214.020, 6.214.030, 6.214.040, 6.214.050, 6.214.060, 6.214.070, 6.214.080, 6.214.090, 6.214.100, 6.214.110, 6.214.120, 6.214.130, 6.214.140, 6.214.150, 6.214.160, 6.214.170, and 6.214.180 of the Seattle Municipal Code; adding new sections to chapter 6.214; and amending the 2012 budget, Ordinance 123758, to appropriate funds and create a new position; all by a three-fourths vote of the City Council.

WHEREAS, while the majority of tow companies are reputable service providers, some unscrupulous companies have engaged in predatory pricing practices for vehicles impounded from private property; and

WHEREAS, predatory towing practices include charging unwarranted or excessive fees, particularly in connection with impounding vehicles from private parking lots that may not display warnings to the vehicle owners, or overcharging consumers for towing services provided under circumstances where consumers have no meaningful opportunity to withhold consent; and

WHEREAS, the legitimate business interests of tow truck companies and the needs of private property owners for relief from unauthorized parking must be balanced with the public interest in providing appropriate protection to consumers; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. The City Council finds that it is in the public interest to prevent predatory towing practices, including charging unwarranted or excessive fees in connection with impounding vehicles from private parking lots or overcharging consumers for towing services provided under circumstances where the consumer has no meaningful opportunity to withhold consent. The City Council further finds that a maximum tow rate based on the highest towing rate allowed in Seattle Police Department contracts for public impounds and adjusted for costs applicable to private property impounds and a margin of profit is reasonable and compensatory.

Section 2: Sections 6.214.010, 6.214.020, 6.214.030, 6.214.040, 6.214.050, 6.214.060, 6.214.070, 6.214.080, 6.214.090, 6.214.100, 6.214.110, 6.214.120, 6.214.130, 6.214.140, 6.214.150, 6.214.160, 6.214.170, and 6.214.180 of the Seattle Municipal Code, which relate to towing operators and tow truck licenses, and which were last amended by Ordinances 110373, 109080, 109622, and 117242, and which are shown in Attachment A, are repealed.

Section 3: The name of Chapter 6.214 of the Seattle Municipal Code is amended as follows: (( TOWING OPERATOR AND TOW TRUCK LICENSES )) TOW COMPANY LICENSES AND REGULATIONS

Section 4: New Sections 6.214.200 through 6.214.360 are added to the Seattle Municipal Code as follows:

6.214.200 Definitions

For the purpose of this Chapter 6.214:

"Class A", "Class D" and "Class E" tow trucks have the same meaning as defined in Section 204-91A-170 of the Washington Administrative Code

"Director" means the Director of Finance and Administrative Services or his or her authorized representative.

"Impound" means to take and hold a vehicle in legal custody.

"Office", "business office", and "place of business" have the same meaning as "office" and "place of business" as defined in Section 5.30.040.

"Person" means an individual, a sole proprietorship, partnership, corporation, limited liability company or any other business entity.

"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.

"Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over public property upon which the vehicle was located.

"Tow company" means a person engaged in the business of impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles for compensation, but does not include an employee of such a business who does not have an ownership interest.

"Towing service" means the public or private impound of a vehicle by a tow company.

"Tow truck" means a vehicle used to render towing service but shall not include a vehicle used by a vehicle repossessor working on contract for the owner of the legal title to a vehicle.

"Tow truck driver" means any individual who operates or uses a tow truck on behalf of a tow company for the purpose of providing towing service.

"Uncompleted tow" means a situation in which the tow truck driver has not completed all of the necessary steps associated with preparing a vehicle for a tow and has not yet begun to operate the tow truck with the vehicle in tow.

"Vehicle" means every device capable of being moved upon a street and in, upon, or by which any person or property is or may be transported or drawn upon a street.

"Vehicle operator" means any person operating a vehicle with legal authority to do so.

6.214.210 Tow company operating requirements

A. As of March 1, 2013, it is unlawful for any tow company to operate or cause to operate within Seattle city limits any tow truck for the purpose of providing towing service unless:

1. The tow company has a valid tow company license issued under this Chapter 6.214.

2. The tow company has a current registration certificate required by RCW 46.55.020.

B. Any tow company engaging in or offering to engage in towing service within Seattle city limits in violation of this Section 6.214.210 is guilty of a misdemeanor.

6.214.220 Maximum private impound fees for towing service, uncompleted tow, storage, and after-hours release

A. Towing service fee: The maximum hourly fee that tow companies may charge for towing service for private impounds shall be no more $183 for the first hour and $130.60 for the second and subsequent hours for tows conducted with a Class A, D, or E tow truck. The Director shall adjust this rate by rule for inflation on an annual basis following publication of the preceding year's percentage change in the annual SeattleTacoma-Bremerton Consumer Price Index for all Urban Consumers (CPI-U) Transportation, or a successor index thereto, as determined by the U.S. Department of Labor, Bureau of Labor Statistics. All towing service fees must be based on a flat, hourly rate only and will apply without regard to the hour of day, day of the week or whether the service was performed on a Saturday, Sunday, or state recognized holiday. The hourly fee for each class of truck must:

1. Be the only basis used by the tow company to compute total charges for private impound towing services, other than the uncompleted tow, storage and after-hours release fees allowed in subsections 6.214.220.B, C, and D.

2. Include all ancillary activities including, but not limited to necessary winching, dolly service, drive line removal, installation of chains on the tow truck, installation of portable lights, vehicle hookup for towing or transporting, tire replacement and standby time.

3. Include the labor of one person per truck. No charges for additional labor are allowed for Class A, D, and E private impound tows.

4. The hourly fee must be applied to the resulting net time and, after the first hour, must be rounded to the nearest fifteen minutes. A tow company may charge the hourly fee for the first hour or any portion thereof. After the first hour, no more than one-quarter of the hourly fee may be charged for each fifteen minutes of towing service work performed.

B. Uncompleted tow fee: Tow companies may charge no more than the maximum hourly towing service fee specified in subsection 6.214.220.A for an uncompleted tow. Beginning with the first hour, no more than one quarter of the hourly fee may be charged for each fifteen minutes of towing service work performed. Reimbursement for time spent on an uncompleted tow can only be computed from the time of dispatch to the time the car is released to the vehicle operator.

C. Storage fee: The maximum storage fee that tow companies may charge for storing a private impound vehicle shall be no more than $15.50 for each 12-hour increment. The Director shall revise by rule the maximum storage fee for private property impounds to match the maximum storage fee allowed under the City towing contracts relating to public impounds performed for the Seattle Police Department made pursuant to Chapter 11.30, whenever there is a change to the storage rates under those contracts.

D. After hours release fee: The maximum fee that a tow company may charge to release a privately impounded vehicle outside of normal business hours may not exceed $100. The Director may adjust the maximum fee by rule upon written findings by the Director that reasons to do so exist. The Director shall consider the number and frequency of afterhours releases, the effect of the fee on consumers, the costs to tow companies, and any other factors related to after-hours releases.

The limitations set out in this Section 6.214.220 only apply if the towed vehicle is parked and upright, has all its wheels and tires attached, does not have a broken axle, and has not been involved in an accident at the location from which it is being impounded.

6.214.230 Consent required for towing from privatelyowned property

A. No tow company shall perform any private impound without the consent of the vehicle operator, unless:

1. the tow company has entered into a contract for private impounds with the owner of the property;

2. signs are posted in compliance with Chapter 46.55 RCW;

3. the property owner has authorized the tow company to remove the particular motor vehicle in accordance with RCW 46.55.080;

4. the tow company tows the motor vehicle to a secure storage facility that is located within a reasonable distance of the property from which the vehicle was towed;

5. the tow company has taken digital photographs to demonstrate that the vehicle as parked was subject to impound, showing: 1) the date and time; 2) the impounded vehicle as parked prior to being hooked to a tow truck; 3) that the vehicle, as parked, was on the property governed by the contract between the private property owner or agent and the tow company; and 4) that appropriate signs were posted pursuant to Chapter 46.55 RCW.

B. No person in possession or control of private property shall authorize the towing of any motor vehicle parked for an unauthorized purpose or at a time during which such parking is not permitted on the private property without the consent of the vehicle operator, unless:

1. the person in possession or control of the private property has contracted with a towing company for removal of vehicles parked on the property without authorization.

2. signs are posted in conformance with Chapter 46.55 RCW.

Each violation of this subsection 6.214.230.B shall be a Class 1 civil infraction under Chapter 7.80 RCW.

C. This Section 6.214.230 shall not apply to a motor vehicle parked in front of any driveway or garage entrance where the motor vehicle is blocking access to that driveway or garage entrance.

6.214.240 Receipt required

A. The tow company, or his/her agent, shall prepare a receipt for all services charged for in duplicate, using sequentially numbered forms for every towing service provided within Seattle city limits. The receipt will contain the following:

1. Name, address, telephone number, and place of business of the operator;

2. Washington State license number or fleet number of the towing service vehicle used in providing the service;

3. Name and address of every person engaging the operator's service;

4. License number, year, make, model and color of the vehicle towed;

5. Name and address of the vehicle's registered owner, if known, or, in cases of an uncompleted tow, the name, address, and driver's license number of the person paying the fee for the uncompleted tow;

6. Date, time and place service commenced, and terminated;

7. Specific service(s) rendered;

8. Total amount to be charged for all services, itemized by each particular service rendered (e.g. towing service, storage, after-hours release) and indicating the time spent for each if the service fee is calculated by time;

9. The signature of the operator, driver, agent or employee providing the service;

10. The signature of the person to whom the towing service was provided or to whom the vehicle was released or delivered, unless refused.

11. Whether the tow service was voluntary or involuntary and if involuntary, if it was requested by a private or public entity.

The tow company, or his/her agent, shall deliver a copy of the receipt to the person paying the fee for an uncompleted tow or the person redeeming the vehicle from the operator's custody, and shall keep one copy, filed serially in order of the receipt number.

6.214.250 Records to be kept

A. Each tow company shall keep, maintain and store complete records, invoices and receipts for each transaction involving any towing service performed within Seattle city limits for a period of three years at the operator's place of business.

B. Each tow company shall maintain a log of, and forward to the Director upon request, each written complaint that the tow company receives. The tow company must include a notice of the action taken by the tow company to resolve the complaint and the disposition.

C. Each tow company shall keep all records required to be kept under this Section 6.214.250 for a period of three years and shall permit the Director to carry out inspections of such records without notice.

D. Each tow company shall comply with the record requirements of Chapter 46.55 RCW and permit the Director to carry out inspections of such records without notice.

6.214.260 Unlawful Acts

As of January 1, 2013, it is unlawful for any tow company, tow truck driver, or any agent of a tow company to:

A. Misdemeanors

1. Demand or collect for towing service in excess of the maximum rates specified in Section 6.214.220.

2. Demand or collect for towing service in excess of time spent providing the towing service or for services not rendered.

3. In the case of an uncompleted tow, fail to release a vehicle when a person shows reasonable proof of ownership or authorization to operate the vehicle and provides payment of the fee allowed under Section 6.214.220.B. The tow truck driver must provide an itemized receipt in accordance with Section 6.214.240.

B. Civil Infractions

1. Require any vehicle owner or operator to make any statement or sign any document promising not to dispute the validity of the tow or fees assessed or relieving the tower from responsibility for the condition of the vehicle or its contents.

2. Fail to release a vehicle pursuant to RCW 46.55.120 to any person authorized to redeem a vehicle under that section.

3. Remove a vehicle from any location unless:

a. The conditions of Section 6.214.230 are met;

b. Requested to so remove by a police officer or appropriate governmental official acting in his/her official capacity; or

c. The vehicle's registered owner, or the owner's authorized agent, engages the operator's service.

4. Block or otherwise interfere with the removal of a vehicle by a person properly claiming such vehicle.

5. Be beneficially interested in a contract, agreement, or understanding that may be made by or between a person having control or possession of private property and any agent of such person where the agent has been granted authority to sign an impound authorization.

6. Have a financial, equitable, or ownership interest in a firm, partnership, association, limited liability company, or corporation whose functions include acting as an agent or a representative of a property owner for the purpose of signing impound authorizations.

7. Enter into any contract or agreement or offer any program that provides an incentive to a person authorized to order a private impound to authorize an impound or number of impounds.

8. Go to the site of a vehicle accident for purposes of soliciting or procuring towing service business unless called by the owner of a vehicle, the rightful occupier of property from which a vehicle is to be removed, or a police officer.

9. Fail to provide a receipt with all charges itemized as specified in Section 6.214.240.

10. Fail to comply with record requirements as specified in Section 6.214.250.

C. Each violation of subsection 6.214.260.A shall be a misdemeanor and upon conviction punishable by a civil fine or forfeiture not to exceed $1,000, or by incarceration for a term not to exceed 90 days, or by both such fine and incarceration, provided, however, that for each violation of subsection 6.214.260.A, restitution shall be mandatory.

D. Each violation of subsection 6.214.260B shall be a Class 1 civil infraction under Chapter 7.80 RCW.

6.214.270 Tow company license

A. A tow company license is valid for no more than one year and expires on December 31st.

B. A tow company shall obtain a separate tow company license for each separate office location.

C. The annual license fee is $500.

6.214.280 Tow company license renewal

A. If intending to renew its license, each tow company shall submit a renewal application, pursuant to the application requirements specified in Section 6.214.290, at least 60 days prior to license expiration.

B. No tow company license shall be renewed unless the renewal fee has been paid and all outstanding penalties and interest assessed against the tow company have been paid.

C. A late penalty shall be assessed on all renewal applications received later than ten working days after the due date specified in this Section 6.214.280.A. The amount of the late penalty shall be 15 percent of the application fee required under subsection 6.214.270.C.

D. For all tow company license renewal applications received by the due date specified in Section 6.214.280, the Director shall issue a new license or notice of denial, to be effective upon the expiration of the tow company's existing license, at least 10 days prior to the expiration of the tow company's existing license.

6.214.290 Tow company license application

A. Any person desiring to conduct business as a tow company within Seattle city limits shall file with the Director a signed and notarized tow company application on forms approved by the Director. The application shall include, but not be limited to, the following information:

1. The tow company's business or company name, business office street address and post office box address (if any), business facsimile number, business phone number, and email address where the tow company representative can generally be reached between 9:00 a.m. and 5:00 p.m. on all non-holiday weekdays. For purposes of this Section 6.214.290, the business office street address that the tow company lists on its application shall be the business office where its files are kept.

2. The form of business entity under which the tow company will operate (e.g. corporation, etc.).

3. If the tow company is individually owned, the name, business office street address (or home address if no office address), telephone number and date of birth of the owner, or if the applicant tow company is a corporation, partnership, limited liability company, or other business entity, the names, home and business addresses, telephone numbers, and dates of birth of all officers, directors, general and managing partners, registered agents, and of all other persons vested with authority to manage or direct the affairs of the legal entity or to bind the legal entity in dealings with third parties; the entity's true legal name, state of incorporation, or registration with the Secretary of State of the State of Washington (if any); State of Washington Unified Business Identifier; and any other information that the Director may reasonably require.

4. The name, address, phone number and date of birth of a tow company representative who is authorized by the tow company to act on its behalf in all business matters.

5. All locations of secure areas used by the tow company for vehicle storage and redemption.

6. The vehicle license and vehicle identification numbers of all tow trucks of which the applicant is the registered owner.

7. The rates that will be charged by the tow company subject to the maximum rates allowed by SMC 6.214.220.

8. Proof that all lots used for vehicle storage have been inspected and approved by the Washington State Patrol (most recent annual inspection) as required by RCW 46.55.060.

9. Copies of the most recent annual tow truck permits issued by the Washington State Patrol for each tow truck, pursuant to RCW 46.55.040.

10. Any other information required by Director's Rule or under regulations adopted pursuant to this Chapter 6.214.

B. An applicant or licensee shall inform the Director in writing within seven days of any change in the information required under this Section 6.214.290.

C. Each application submitted to the Director must be accompanied by the license fee set forth in subsection 6.214.270.C.

6.214.300 Standards for license denial

The Director shall deny any tow company license application if the Director determines that:

A. A tow company license issued to the applicant or to any company in which the applicant was an owner, officer or other principal has been revoked within one year of the application; or

B. Grounds exist for denial of a license under Section 6.202.230; or

C. The tow company does not have a current registration certificate as required by RCW 46.55.020.

6.214.310 Standards for license suspension or revocation

A. Suspension Standards. The Director shall suspend any tow company license issued under this Chapter 6.214 if the Director determines that:

1. The tow company or any tow truck driver or any person employed, acting as an independent contractor for, or otherwise associated with the tow company has had one or more convictions of any unlawful act contained in subsection 6.214.260.A occurring during the preceding twelve month period. All suspensions issued under this subsection 6.214.310.A.1 shall extend for one month or until expiration of the license, whichever occurs first.

2. The tow company or any tow truck driver or any person employed, acting as an independent contractor for, or otherwise associated with the tow company has had two or more convictions of any unlawful act contained in paragraphs 1 through 9 of subsection 6.214.260.B occurring during the preceding twelve month period. All suspensions issued under this subsection 6.214.310.A.2 shall extend for one month or until expiration of the license, whichever occurs first.

3. The tow company or any tow truck driver or any person employed, acting as an independent contractor for, or otherwise associated with the tow company has been determined by the Director to have three or more violations of any provision of this Chapter 6.214 other than those contained in Section 6.214.260.

4. The tow company has failed to keep and maintain records required under Section 6.214.250 or has failed to allow the inspection by the Director of such records. Suspensions issued under this subsection 6.214.310.A.3 shall continue until the violation is cured.

5. The tow company does not maintain a City of Seattle business license issued under Chapter 5.55. Suspensions issued under this subsection 6.214.310.A.4 shall continue until the violation is cured.

6. The tow company has been adjudicated to have committed one or more violations of the requirements of Chapter 46.55 RCW during the preceding twelve month period.

B. Revocation standards. The Director shall revoke a tow company license issued under this Chapter 6.214 if the Director determines that:

1. The tow company has had three or more convictions of any unlawful act contained in subsection 6.214.260.A occurring during the preceding twelve month period.

2. The tow company has had four or more convictions of any unlawful act contained in subsection 6.214.260.B occurring during the preceding twelve month period.

3. The tow company or any tow truck driver or any person employed, acting as an independent contractor for, or otherwise associated with the tow company has been determined by the Director to have five or more violations of any provision of this Chapter 6.214 other than those contained in Section 6.214.260.

4. The tow company has been adjudicated to have committed three or more violations of Chapter 46.55 RCW during a twelve month period.

5. Any one or more of the grounds exists for a revocation of license under Section 6.202.230.

C. Effective date of suspensions or revocations.

1. Suspension or Revocation. Suspensions or revocations become effective upon the date of any notice of suspension or revocation or, in the event of an appeal, when a ruling on appeal affirming the Director's findings is issued.

D. Lengths of suspension and revocations.

1. Unless a time period is specified in a particular section of this Chapter 6.214, suspensions shall extend one month or until the license expires, or until evidence is produced to the Director showing by preponderance that the violation is cured, whichever occurs first. Revocations shall extend until the end of the annual license period.

2. Whenever a timely appeal is filed pursuant to Section 6.214.320, a licensee may continue to engage in the activity for which the license is required pending a final decision on appeal.

6.214.320 Notice and hearing for denials, suspensions and revocations.

A. If the Director determines there are grounds to deny, suspend, or revoke a tow company license, the Director shall give written notice to a tow company. The notice shall be delivered either personally or by first class mail to the address provided on the most recent license application by the tow company. The notice shall state that the tow company is entitled to appeal the Director's findings to the Hearing Examiner, in accordance with Chapter 3.02, within 15 days of the notice date.

B. If a tow company files a timely notice of appeal pursuant to Chapter 3.02, a hearing shall be scheduled and conducted by the Hearing Examiner according to the Hearing Examiner Rule of Practice and Procedure. At the Hearing Examiner hearing, the Director shall have the burden of proving by a preponderance of the evidence that grounds for denying, suspending, or revoking a tow company license existed.

C. The Hearing Examiner may affirm, modify or reverse the decisions of the Director.

D. In cases where the Director determines that a tow company has demonstrated a good faith intent to come into compliance with the requirements of this Chapter 6.214, in lieu of proceedings to deny, suspend or revoke a tow company license, the Director may enter into an agreement with the tow company concerning appropriate action to cure the grounds on which a license denial, suspension or revocation is based.

6.214.330 Complaint hotline

The Director may establish a complaint telephone number.

6.214.340 Complaint process

A. Upon receiving a complaint alleging a possible violation of this Chapter 6.214, the Director shall determine whether there are reasonable grounds to believe that a violation has occurred. If the Director determines that there are no reasonable grounds to believe that a violation occurred, or that the violation was inadvertent and minor, the Director shall dismiss the complaint. If the Director does so dismiss the complaint, he or she shall do so in writing, setting forth the reasons for the dismissal. If the Director determines that there are reasonable grounds to believe that a violation has occurred and that the violation was not inadvertent and minor, the Director may do one or more of the following:

1. Issue a notice of complaint to the applicable tow company representative advising such person of the allegation(s) made in the complaint.

2. Require the company to respond in writing to the allegation(s) in the notice of complaint within ten business days of receipt of the notice of complaint, including:

a. digital photographs to demonstrate that the vehicle as parked was subject to impound, showing: 1) the date and time; 2) the impounded vehicle as parked prior to being hooked to a tow truck; 3) that the vehicle, as parked, was on the property governed by the contract between the private property owner or agent and the tow company; and 4) that appropriate signs were posted pursuant to Chapter 46.55 RCW.

b. A copy of the contract between the tow company and property owner that was in effect at the time of impound;

c. Proof of written authorization with a signature, from the property owner requesting that the vehicle be impounded;

d. A copy of the invoice given to the vehicle owner showing details of all charges made for the private impound and storage; and

e. A written response to the specific allegations made in the complaint.

3. Require the tow company to investigate the allegation(s) in the notice of complaint.

4. Order the tow company to take appropriate action to resolve the complaint if the tow company is adjudicated by a court or determined by the Director to be in violation of this Chapter 6.214. The tow company shall notify the Director of the action taken.

B. For any violation of this Chapter 6.214, the Director may enter into an agreement with the tow company concerning appropriate action to resolve the complaint. For any act deemed unlawful under this Section 6.214.260, the Director may enter into such agreements in lieu of prosecution.

C. The tow company may request a hearing to contest any complaint or order of the Director made pursuant to this Section 6.214.340 by filing a written request for review with the Director, submitted by the person named in the order, within ten business days after the date of the order. Any such complaint or order shall state that the tow company is entitled to a hearing to introduce any evidence to refute or mitigate the allegations relating to the complaint or order. Upon receipt of a written request for review, the Director shall set a hearing date and time to be held as soon as possible and not more than 30 calendar days from the date of the request or the next business day after that if the 30th day falls on a weekend or holiday. The hearing shall be held by the Director or the Director's designee provided that the designee may not be a person who directly supervises the person who issued the complaint or order. The hearing shall be informal, but shall be recorded by electronic means provided by the Director. Within 20 calendar days of the hearing, the Director shall issue a written ruling including factual findings and the Director's conclusion with supporting reasons that affirm, modify or reverse the complaint or order. The decision shall be mailed by first class mail to each affected licensee at the address listed on the application.

D. Failure to respond in writing within ten business days to a notice of complaint or order of the Director shall constitute a waiver of the tow company's right to contest the allegation(s) in the complaint or order.

E. Nothing in this Section 6.214.340 shall be construed to limit the Director's authority to prosecute any criminal or civil action in an appropriate court for any act made unlawful under this Chapter 6.214.

6.214.350 City impound fee

A. The City shall levy a City impound fee on all private impounds conducted in the city when the vehicle is redeemed. The amount of the fee shall be set by the Director by rule but shall not exceed more than $15 per vehicle redemption.

B. The City impound fee shall be collected by the tow company performing the impound and shall be remitted to the Department of Finance and Administrative Services in the manner directed by the Director. The City impound fee shall be for the purpose of offsetting, to the extent practicable, the cost to the City of implementing, enforcing, and administering the provisions of this Chapter 6.214 and shall be deposited in an appropriate account to be specified by rule.

6.214.360 Rule-making authority

The Director is authorized to promulgate and adopt rules pursuant to SMC Chapter 3.02 to implement the provisions of this Chapter 6.214.

Section 5. To pay for necessary costs and expenses incurred or to be incurred in 2012, but for which insufficient appropriations were made due to causes that could not reasonably have been foreseen at the time the 2012 Budget was adopted, appropriations for the following items in the 2012 Budget are increased from the funds shown as follows:

Section 6. To implement the regulations in Chapter 6.214, the following new position will be created in Department of Finance and Administrative Services:

The Director of Finance and Administrative Services is authorized to fill this position subject to civil service and personnel rules and laws.

Section 7. Sections five and six of this ordinance shall take effect on the effective date of this ordinance or November 1, 2012, whichever is later.

Section 8. The several provisions of this ordinance are declared to be separate and severable and an order of any court of competent jurisdiction holding invalid any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or holding invalid the application thereof to any person or circumstance, shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances.

Section 9. This ordinance shall take effect and be in force 30 days 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 a 3/4 vote of all the members of the City Council the ____ day of ________________________, 2012, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment A: Towing operators and towing licenses, repealed code sections.

Valles,C Private Impound Regulation ORD September 121, 2012 Version #11

Attachment A: Towing operators and towing licenses, repealed code sections.

Attachment A: Repealed Code Sections

The repealed sections of the Seattle Municipal Code are shown below in numerical order.

Chapter 6.214 TOWING OPERATOR AND TOW TRUCK LICENSES

SMC 6.214.010

Definitions.

For the purpose of this chapter:

A. "Impound" means removal of a vehicle to a storage facility by request of

any person except the vehicle's registered owner, or authorized agent.

B. "Operator" means any person engaged in the business of offering or

providing a towing service except "operator" shall not include a vehicle

repossessor working exclusively on contract for the owner of the legal title

to a vehicle.

C. "Towing service" means use of a vehicle by which other vehicles

including, but not limited to, abandoned, disabled, inoperable, or

improperly parked vehicles are towed or impounded.

D. "Tow truck" means a vehicle used to render towing service except "tow

truck" shall not include a vehicle used by a vehicle repossessor working on

contract for the owner of the legal title to a vehicle.

E. "Vehicle" means every device capable of being moved upon a street and in,

upon, or by which any person or property is or may be transported or drawn

upon a street.

(Ord. 110373 Section 1, 1982; Ord. 109080 Section 1(part),

1980: Ord. 108934 Section 7.020, 1980.)

SMC 6.214.020

License - Expiration date.

Towing operator licenses and tow truck licenses expire annually on August

31st.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.024,

1980.)

SMC 6.214.030

License - Operator - Required.

It is unlawful for any person to engage in the towing service business

without first obtaining a towing operator license in accordance with the

provisions of the New License Code.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.030,

1980.)

SMC 6.214.040

License - Tow truck - Required.

It is unlawful for any person to operate a tow truck without first obtaining

a tow truck license in accordance with the provisions of the New License

Code.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.035,

1980.)

SMC 6.214.050

Incorporation of state law and Washington Administrative Code provisions.

Whenever state law or Washington Administrative Code provisions are

incorporated by reference into this chapter, the effect is to govern all

operators licensed by the City, whether or not state law or regulations by

their terms govern all operators.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.100,

1980.)

SMC 6.214.060

Unlawful acts.

It is unlawful for any operator, or his/her agent to:

A. Demand or collect for towing service in excess of the rates filed;

B. Fail to provide a receipt with all charges itemized;

C. Fail to release a vehicle to its rightful owner if the appropriate charge

to which the person is entitled has been tendered in a form acceptable under

RCW Chapter 46.52 and regulations promulgated thereunder, and the person

making such tender promises to remove or promptly secure removal of the

towed vehicle;

D. Remove a vehicle from any location unless:

1. Requested to so remove by a police officer or appropriate governmental

official acting in his/her official capacity, or

2. The vehicle's registered owner, or the owner's authorized agent, engages

the operator's service, or

3. A written contractual agreement exists between the operator and the real

property owner, or rightful occupier of real property, and provides for tow

services to remove vehicles from the real property, or

4. The operator has a signed authorization from the rightful occupier of

real property for each such vehicle removed in accordance with RCW

46.52.118, 46.52.119, and 46.52.119 (2) and with WAC 308-62-020;

E. Charge any fee or other remuneration for attempting to tow a vehicle

unless:

1. The licensee has gained custody of a vehicle to be towed by hooking it to

the tow truck and raising the vehicle's wheels off the ground, in which

event no more than fifty percent (50%) of the impound fee, plus charges for

other service actually performed may be charged, or

2. The licensee has completed the process of preparing the vehicle for

towing, and the licensee has begun to operate the tow truck with the vehicle

in tow, in which event the total amount of the impound fee and other

allowable charges may be charged;

F. Block or otherwise interfere with the removal of a vehicle by a person

properly claiming such vehicle;

G. Go to the site of a vehicle accident for purposes of soliciting or

procuring towing service business unless called by the owner of a vehicle,

the rightful occupier of property from which a vehicle is to be removed, or

a police officer.

(Ord. 109622 Section 1, 1981: Ord. 109080 Section 1(part),

1980: Ord. 108934 Section 7.140, 1980.)

SMC 6.214.070

Financial responsibility.

Each tow truck operator shall submit to the Director for filing by the City

Clerk, a copy of public liability insurance in the minimum amount of One

Hundred Thousand Dollars ($100,000.00) for any one (1) person killed or

injured in any one (1) accident or occurrence and Three Hundred Thousand

Dollars ($300,000.00) for more than one (1) person killed or injured in any

one (1) accident or occurrence, and Ten Thousand Dollars ($10,000.00) of

garage keeper legal liability insurance.

(Ord. 117242 Section 11, 1994: Ord. 109080 Section 1(part),

1980: Ord. 108934 Section 7.170, 1980.)

SMC 6.214.080

Failure to satisfy judgment.

If a licensee fails to satisfy a judgment arising out of the tow truck

business prior to license renewal, the license may be denied, unless a stay

of denial is procured during the pendency of a court appeal.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.180,

1980.)

SMC 6.214.090

License plates.

For each tow truck, the Director shall issue to an operator tow truck

license plates, to be at all times prominently displayed as required by the

Director.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.210,

1980.)

SMC 6.214.100

Marking towing service vehicles.

Every tow truck shall be marked in compliance with WAC 308-61-110(7).

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.215,

1980.)

SMC 6.214.110

Rates - Filing.

The rates for towing or storing vehicles charged by an operator shall be

filed with the Director on a form as prescribed by the Director.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.220,

1980.)

SMC 6.214.120

Rates - Posting.

Rates shall be posted, conspicuously, exactly as filed, at all locations of

the towing business from which towed vehicles are released. The sign shall

be of sufficient contrast in color to be clearly readable, and be in such

form, location, and size as required by the Director.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.225,

1980.)

SMC 6.214.130

Rates - Quoting orally.

Rates shall be orally quoted by the operator, or his agent to any member of

the public upon request. The operator shall disclose both towing and storage

fees.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.230,

1980.)

SMC 6.214.140

Rates - Publishing.

A schedule of tow rates will be maintained on file by the Department and

furnished to any person on request.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.231,

1980.)

SMC 6.214.150

Rates - Changing.

An operator may file new rates at any time. New rates shall become effective

fifteen (15) days after filing.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.235,

1980.)

SMC 6.214.160

Direct route.

Any operator, or his/her agent, when engaged in towing a vehicle to a

definite location, shall take the most direct route possible consistent with

public safety.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.250,

1980.)

SMC 6.214.170

Removing vehicles from private property - Releasing such vehicles --

Selling impounded vehicles.

Any towing operator or agent removing a vehicle from private property,

releasing such vehicle, or selling any abandoned vehicle shall comply with

the requirements of RCW Chapter 46.52 and regulations promulgated pursuant

thereto.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.260,

1980.)

SMC 6.214.180

Receipt required - Records to be kept.

The operator, or his/her agent, shall prepare a receipt for all services

charged for in duplicate, using sequentially numbered forms for every towing

service provided within or from the City. The receipt will contain the

following:

A. Name, address, telephone number, and place of business of the operator;

B. Washington State license number or fleet number of the towing service

vehicle used in providing the service;

C. Name and address of every person engaging the operator's service;

D. License number, year, make, model and color of the vehicle towed;

E. Name and address of the vehicle's registered owner, if known;

F. Date, time and place service commenced, and terminated;

G. Specific service(s) rendered;

H. Total amount to be charged for all services including storage;

I. The signature of the operator, driver, agent or employee providing the

service;

J. The signature of the person to whom the towing service was provided or to

whom the vehicle was released or delivered, unless refused.

The operator, or his/her agent, shall deliver a copy of the receipt to the

person redeeming the vehicle from the operator's custody, and shall keep one

(1) copy, filed serially in order of the receipt number. Such filed receipts

shall be retained for a period of one (1) year at the operator's place of

business.

(Ord. 109080 Section 1(part), 1980: Ord. 108934 Section 7.270,

1980.)