Ordinance 2396-99 - Laserfiche WebLink

.f • require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway or away from the main traveled portion thereof; 2. Whenever any police officer finds a vehicle unattended upon any highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety; 3. Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of any vehicle involved in an accident is physically or mentally incapable, or too intoxicated, to decide upon steps to be taken to protect his or her property; 4. Whenever the driver of a vehicle is arrested and taken into custody by a police officer, and the driver, because of intoxication or otherwise, is mentally incapable of deciding upon steps to be taken to safeguard his or her property; 5. Whenever a police officer discovers a vehicle which he determines to be a stolen vehicle; 6. Whenever any police officer finds a vehicle standing or parked in a designated tow-away zone; 7. Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.380 is parked in a stall or space clearly and conspicuously marked under the city's parking ordinance on public property or on private property without charge; and 8. Whenever any police officer finds a vehicle standing or parked in a fire lane or within fifteen feet of any fire hydrant whether on public or private property. Vehicles subject to impoundment under these or other sections are declared to be public nuisances which may be summarily abated as provided in each instance and except where prohibited by law. Nothing in this section shall derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator as defined in RCW 46.55.010.B. B. Towing. 1. The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that such notification was provided. 2. Any person seeking to redeem an impounded vehicle under this section shall be entitled to a hearing to contest the validity of the impoundment or the amount of towing and storage charges. The mayor or his designee (hereafter referred to as mayor) shall serve as the city's administrative hearings officer therefor. The mayor has jurisdiction to determine the issues involving all impoundments including those authorized by the state or its agents. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the mayor within ten days of the date the opportunity was provided for in subsection B1 of this section. If the hearing request is not received by the mayor within the ten-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted. Upon receipt of a timely hearing request, the mayor or his designee shall proceed to hear and determine the validity of the impoundment. 2