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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 (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 (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. If a vehicle is in violation of the time restrictions of BMC 8.22.010(O), it may be impounded by a registered tow truck operator at the direction of a law enforcement officer or other public official with jurisdiction if the vehicle is on public property, or at the direction of the property owner or the owner’s agent if it is on private property. A law enforcement officer may also direct the impoundment of a vehicle pursuant to a writ or court order.

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 their 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.

C. Law Enforcement Impound – Unauthorized Vehicle in Right-of-Way.

1. A law enforcement officer discovering an unauthorized vehicle left within a highway 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 the officer’s 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. 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.

2. All vehicles shall be handled and returned in substantially the same condition as they existed before being towed.

3. All personal belongings and contents in the vehicle, 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 Bothell 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 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 Bothell police department who shall maintain a log of such reports. The Bothell police department, or a private communication center acting on behalf of the Bothell 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 Bothell police department receives the information.

2. The 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 96-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 15 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.

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 authorized vehicle is found abandoned under subsection (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. Filing a report of sale or transfer regarding the vehicle involved in accordance with RCW 46.12.101(1) or a vehicle theft report filed with a law enforcement agency relieves the last registered owner of liability under subsections (1) and (2) of this section.

4. 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 (2) of this section is not considered to be a standing, stopping, or parking violation.

5. A notice of infraction for a violation of this section may be filed with the Bothell 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 items 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.

3. 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.

H. Removal by Police Officer. Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the arresting officer may take custody of the vehicle and provide for its prompt removal to a place of safety. 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:

1. 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;

2. Whenever a police officer finds a vehicle unattended upon a 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 a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect the driver’s property;

4. Whenever the driver of a vehicle is arrested and taken into custody by a police officer;

5. Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;

6. 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 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property; and

7. Upon determining that a person is operating a motor vehicle without a valid driver’s license in violation of RCW 46.20.021 or with a license that has been expired for 90 days or more, or with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420.

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. 1687 § 1, 1997).