AN ORDINANCE relating to the impoundment of vehicles, amending Sections 11.30.040, 11.30.120, 11.30.160, 11.30.290, and 11.30.320 and adding a section to Chapter 11.30 of the Seattle Municipal Code.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City adopts the legislative findings of Washington Laws of 1998, chapter 203, section 1.

Section 2. The City Council finds that parking on the public rightofway is regulated to promote traffic safety, enhance the smooth flow of traffic and, in certain areas of high demand for parking such as business districts, to fairly allocate parking spaces among the public by limiting parking time. Parking is also metered or limited in business districts to facilitate commerce by promoting frequent turnover for shopping rather than commuter or long-term parking, as well as to generate revenue from the use of the public right-of-way. Although the great majority of those receiving parking tickets respond appropriately, some vehicles are repeatedly ticketed for uncontested parking violations which are then not paid. Not only do such repeated violations defeat the purposes of the parking regulations, but they also deprive the City of significant revenue. In 1997, vehicles with three or more delinquent parking tickets owed the City more than $19 million in unpaid fines and penalties, including $7.5 million accrued by vehicles with 13 or more delinquent parking tickets each. Further revenue is lost insofar as many of these violations reflect parking at meters that were thus unavailable to drivers who would have paid for their parking had the space been available. The magnitude and intractability of this parking scofflaw problem has made it a local situation calling for a solution that will remove these vehicles from the public right-of-way to allow others to make lawful use of available parking spaces. Because a substantial number of parking violations are accrued by chronic offenders whose violations remain delinquent despite efforts by the Municipal Court to collect unpaid fines it is necessary to authorize impoundment of illegally parked vehicles with multiple outstanding delinquent tickets in order to effectively enforce the City's parking regulations.

Section 3. Section 11.30.040 of the Seattle Municipal Code (Ordinance 108200 Section 2 (11.30.040), as last amended by Ordinance 117306 Section 3) is further amended to read 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:

1. When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or

2. When the vehicle is illegally occupying a truck, commercial load zone, bus, loading, hooded-meter, taxi, or other similar zone where, by order of the Director of Engineering or Chiefs of Police or Fire, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, and where such vehicle is interfering with the proper and intended use of such zones; or

3. When a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person as defined under Chapter 46.16 RCW, as now or hereafter amended, is parked in a stall or space clearly and conspicuously marked as provided in Section 11.72.065 A, as now or hereafter amended, whether the space is provided on private property without charge or on public property; or

4. When the vehicle poses an immediate danger to the public safety; or

5. When a police officer has probable cause to believe that the vehicle is stolen; or

6. When a police officer has probable cause to believe that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or preserve such evidence; or

7. When a vehicle is parked in a public right-of-way or on other publicly owned or controlled property in violation of any law, ordinance, or regulation and there are three (3)four (4) or more parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay an adjudicated parking infraction for at least forty-five (45) days from the date of the filing of the notice of infraction.

B. Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required.

Section 4. Chapter 11.30 of the Seattle Municipal Code (Ordinance 108200, as amended) is further amended by adding the following section:

11.30.105 Impoundment of vehicle where driver is arrested for a violation of Section 11.56.320 or 11.56.340 -Period of impoundment.

A. Whenever the driver of a vehicle is arrested for a violation of Section 11.56.320 or 11.56.340, the vehicle is subject to impoundment at the direction of a police officer.

B. If a vehicle is impounded because the driver is arrested for a violation of Section 11.56.320 D and the Washington Department of Licensing's records show that the driver has been convicted one (1) time of a violation of RCW 46.20.342 or similar local ordinance within the past five (5) years, the vehicle shall be impounded for fifteen (15) days.

C. If a vehicle is impounded because the driver is arrested for a violation of Section 11.56.320 D and the Washington Department of Licensing's records show that the driver has been convicted two (2) or more times of a violation of RCW 46.20.342 or similar local ordinance within the past five (5) years, the vehicle shall be impounded for thirty (30) days.

D. If a vehicle is impounded because the driver is arrested for a violation of Section 11.56.320 B or C and the Washington Department of Licensing's records show that the driver has not been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance within the past five (5) years, the vehicle shall be impounded for thirty (30) days.

E. If a vehicle is impounded because the driver is arrested for a violation of Section 11.56.320 B or C and the Washington Department of Licensing's records show that the driver has been convicted one (1) time of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance once within the past five (5) years, the vehicle shall be impounded for sixty (60) days.

F. If a vehicle is impounded because the driver is arrested for a violation of Section 11.56.320 B or C and the Washington Department of Licensing's records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance two (2) or more times within the past five (5) years, the vehicle shall be impounded for ninety (90) days.

Section 5. Section 11.30.120 of the Seattle Municipal Code (Ordinance 108200 Section 2 (11.30.120), as last amended by Ordinance 117306 Section 7) is further amended to read 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 therefor, 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 Subsection 11.30.040 A7 or Section 11.30.105 can be released only pursuant to a written order from the police department or a court.

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 , except as provided for by subsection C of this section. 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 forfeitures owed by the registered owner have been satisfied.

C. The Chief of Police is authorized to release a vehicle impounded pursuant to Section 11.30.105 prior to the expiration of any period of impoundment upon petition of the spouse of the driver, or the person registered pursuant to Ordinance 117244 as the domestic partner of the driver, based on economic or personal hardship to such spouse or domestic partner resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from release of the vehicle, including, but not limited to, the driver's criminal history, driving record, license status, and access to the vehicle. If such release is authorized, the person redeeming the vehicle still must satisfy the requirements of Section 11.30.120 A and B.

D. C. Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a Municipal Court hearing before an administrative hearings officer to contest the validity of an impoundment or the amount of removal, towing, and storage charges or administrative fee if such request for hearing is in writing, in a form approved by the Chief of Police Municipal Court and signed by such person, and is received by the Chief of Police within ten (10) days (including Saturdays, Sundays, and holidays) of the latter of the date the notice was mailed to such person pursuant to Section 11.30.100 A or B, or the date the notice was given to such person by the registered tow truck operator pursuant to RCW 46.55.120(2)(a) Municipal Court within the time period specified in SMC Section 11.31.050 A, as now or hereafter amended. Such hearing shall be provided as follows:

1. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under Section 11.30.105, have been satisfied, then In the event that the person seeking to redeem an impounded vehicle pays the costs of impoundment (towing and storage), the impounded vehicle shall be released to such person immediately and a hearing as provided for in Section 11.30.160 shall be held within ninety (90) days of the written request for hearing.

2. If not all of the requirements to redeem the vehicle, including expiration of any period of impoundment under Section 11.30.105, have been satisfied, then In the event that the person seeking to redeem an impounded vehicle does not pay the costs of impoundment (towing and storage), the impounded vehicle shall not be released to such person until after the hearing provided pursuant to Section 11.30.160, which shall be held . Such person shall have the right to a hearing within two (2) business days (excluding Saturdays, Sundays and holidays) Monday through Friday) of the written request to the court for hearing.

3. Any person seeking a hearing who has failed to request such hearing within the time specified in Section 11.30.120 D SMC Section 11.31.050 A, as now or hereafter amended, may petition the Chief of Police Municipal Court for an extension to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, good cause shall be defined as one (1) or more circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing within the time specified in SMC Section 11.31.150 A, as now or hereafter amended . In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.

4. If In the event a person fails to file a timely request for hearing and no within the time specified by SMC Section 11.31.050 A, as now or hereafter amended, and/or has not received an extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment and administrative fee are deemed to be proper, and for such hearing as provided in this section, the City shall not be liable for removal, towing, and storage charges arising from the impoundment.

5. In accordance with RCW 46.55.240(1)(d), a decision made by an administrative hearings officer may be appealed to Municipal Court for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such a decision must file a request for an appeal in Municipal Court within fifteen (15) days after the decision of the administrative hearings officer and must pay a filing fee in the same amount required for the filing of a suit in district court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to an appeal is waived and the administrative hearings officer's decision is final.

Section 6. Section 11.30.160 of the Seattle Municipal Code (Ordinance 108200 Section 2 (11.30.160), as last amended by Ordinance 115634 Section 3) is further amended to read as follows:

11.30.160 Post-impoundment hearing procedure.

Hearings requested pursuant to Section 11.30.120 shall be held by an administrative hearings officer, who in the municipal court, which court shall determine whether the impoundment was proper and whether the associated removal, towing, and/or storage, and administrative fees and/or special fees charged in such connection were proper. The administrative hearings officer shall not have the authority to determine the commission or mitigation of any parking infraction unless a timely response under Section 11.31.050 A was filed to that notice of infraction requesting a hearing and the hearing date for that infraction has not passed, in which case the administrative hearings officer has discretion to consolidate the impoundment hearing and the notice of infraction hearing.

A. At the hearing, an abstract of the driver's driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver's license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.

B. A. If the impoundment is found to be proper, the administrative hearings officer court shall enter an order so stating. In the event that the costs of impoundment removal, towing, and storage , and special fees) and administrative fee have not been paid or any other applicable requirements of Section 11.30.120 B have not been satisfied or any period of impoundment under Section 11.30.105 has not expired, the administrative hearings officer's , the court's order shall also provide that the impounded vehicle shall be released only after payment to the City of any fines imposed on any the underlying traffic or parking infraction and satisfaction of any other applicable requirements of Section 11.30.120 B citation and payment of the costs of impoundment and administrative fee to the towing company and after expiration of any period of impoundment under Section 11.30.105. In the event that the administrative hearings officer court grants time payments, the City shall be responsible for paying the costs of impoundment to the towing company. The administrative hearings officer court shall grant time payments only in cases of extreme financial need, and where there is an effective guarantee of payment.

C. B. If the impoundment is found to be improper, the administrative hearings officer court shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment and administrative fee have already been paid, the administrative hearings officer court shall enter judgment against the City and in favor of the person who has paid the costs of impoundment and administrative fee in the amount of the costs of the impoundment and administrative fee.

D. C. In the event that the administrative hearings officer court finds that the impound was proper, but that the removal, towing, storage, or administrative and/or special fees charged for the impoundment were improper, the administrative hearings officer court shall determine the correct fees to be charged. If the costs of impoundment and administrative fee have been paid, the administrative hearings officer court shall enter a judgment against the City and in favor of the person who has paid the costs of impoundment and administrative fee for the amount of the overpayment.

E. No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution.

F. An appeal of the administrative hearings officer's decision in Municipal Court shall be conducted according to, and is subject to, the procedures of this section. If the court finds that the impoundment or the removal, towing, storage, or administrative fees are improper, any judgment entered against the City shall include the amount of the filing fee.

Section 7. Section 11.30.290 of the Seattle Municipal Code (Ordinance 117306 Section 11) is amended to read as follows:

11.30.290 Contract for towing and storage -Administrative Impound fee.

A. If a vehicle is impounded pursuant to Section 11.30.105, an administrative fee of (reserved) Dollars ($ reserved) shall be levied when the vehicle is redeemed under the specifications of the contract provided for by Section 11.30.220.

B. If a vehicle is impounded pursuant to Subsection 11.30.040 A7, an administrative fee of (reserved) Dollars ($ reserved) shall be levied when the vehicle is redeemed under the specifications of the contract provided for by Section 11.30.220.

C. If a vehicle is impounded other than pursuant to Subsection 11.30.040 A7 or Section 11.30.105, an administrative A fee of (reserved) Dollars ($ reserved) shall be levied when the upon each vehicle is redeemed under the specifications of the contract provided for by SMC Section 11.30.220.

D. The administrative fee shall be collected by the contractor performing the impound, and shall be remitted to the Executive Services Department in the manner directed by the Finance Director and as specified in the contract provided by SMC Section 11.30.220 A. The administrative 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 City's tow contract administration costs and shall be deposited in an appropriate account. The administrative fee shall be set by rule by the Finance Director in an amount not to exceed One Hundred Dollars ($100).

Section 8. Section 11.30.320 of the Seattle Municipal Code (Ordinance 108200 Section 2 (11.30.320), as last amended by Ordinance 117169 Section 131) is further amended to read as follows:

11.30.320 Rules and regulations.

The Finance Director and the Chief of Police are is authorized and directed to promulgate rules and regulations consistent with this chapter, the Charter of the City, and the Administrative Code of the City, to provide for the fair and efficient administration of any contract or contracts awarded pursuant to Section 11.30.220 and to provide for the fair and efficient administration of any vehicle impoundment, redemption, or release or any impoundment hearing under this chapter.

Section 9. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 1998, and signed by me in open session in authentication of its passage this _____ day of _________________, 1998.

_____________________________________ President _______ of the City Council

Approved by me this _____ day of _________________, 1998.

___________________________________________ Mayor

Filed by me this _____ day of ____________________, 1998.

___________________________________________ City Clerk

(Seal)

RG: rg September 11, 1998 112327.DOC (Ver. 9)