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Ordinance 27360006.16096 RPB/tw 07/28/89 ORDINANCE NO. 2736 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW SECTION 8.50.125 TO THE EDMONDS CITY CODE TO ESTABLISH A WRITTEN IMPOUND AUTHORIZATION FORM; AMENDING SECTION 8.50.010 TO INCLUDE THE STATE STATUTES AUTHORIZING IMPOUNDS; CONTAINING A SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE DATE. WHEREAS, the Edmonds City Council acknowledges that the Washington State Legislature amended RCW 46.55.240 during its 1989 session to require cities which have adopted ordinances governing unauthorized, abandoned or impounded vehicles to establish by ordinance a written impound authorization form, and WHEREAS, this ordinance is necessary to comply with the 1989 amendment to RCW 46.55.240, and WHEREAS, the Edmonds City Council also wishes to adopt the state statute governing impounds, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. There is hereby added to the Edmonds City Code a new section 8.50.125 to read as follows: Whenever an officer impounds a vehicle pursuant to the provisions of this chapter, the officer shall complete an authorization form approved by the Chief of Police which specifies the section of this chapter or RCW 46.55 authorizing the impound. In the alternative, a law enforcement notice of infraction or citation for an offense which authorizes the impound may be substituted at the officer's discretion. RPBO15910 -1- Section 2. Section 8.50.010 of the Edmonds City Code is hereby amended to read as follows: 8.50.010 Statutes adopted by reference. The following statutes of the state of Washington, including all future amendments thereto, are adopted by reference: A. RCW 46.55.010 Definitions B. RCW 46.55.070 Posting requirements- -Exception C. RCW 46.55.080 Law enforcement impound, private impound. D. RCW 46.55.085 Law enforcement impound --Abandoned vehicle. E. RCW 46.55.090 Storage, return F. RCW 46.55.100 G. RCW 46.55.110 H. RCW 46.55.113 I. RCW 46.55.120- J. RCW 46.55.130 requirements -- Personal belongings - Combination endorsement for tow truck drivers -- Authority to view impounded vehicle. Impound notice -- Abandoned vehicle. Notice to legal and registered owners. Removal by police officer, when Redemption of vehicles --Sale of unredeemed vehicles. Notice requirements - Public auction -- Accumulation of storage charges. RPB01591O -2- K. RCW 46.55.140 Operator's lien, deficiency claim, liability. L. RCW 46.55.230 Junk vehicles -- Certification, notification, removal, sale. Section 3. Incident to the adoption by reference of certain state laws under Title 46 of the Revised Code of Washington, one copy of the text of the statutes adopted by reference in this ordinance shall be authenticated and recorded by the City Clerk and filed in the office of the City Clerk as required by RCW 35A.12.140 for use and examination by the public. Section 4. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5), days after this ordinance or a summary thereof consisting of the title is published. RPB01591O -3- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BYv FILED WITH THE CITY CLERK: July 28, 1989 PASSED BY THE CITY COUNCIL: August 22, 1989 PUBLISHED: August 27, 1989 EFFECTIVE DATE: September 3, 1989 ORDINANCE NO. 2736 RPB01591O —4— Case No. Impound Authorization Form Date/Time of Impound Location of Impound Description of Vehicle Basis of Impound: [ ] The vehicle is in violation of the time restrictions of RCW 46.55.010. Authority: RCW 46.55.080. The vehicle has not been removed within 24 hours from the time a notification sticker is attached. Authority: RCW 46.55.085. [ ] The vehicle is standing on a roadway in violation of 46.61.560. Authority: RCW 46.55.113(1). [ ] The vehicle is unattended on a highway and is obstructing traffic or jeopardizing public safety. Authority: RCW 46.55.113(2). [ ] The vehicle is unattended at an accident scene or the driver is unable to decide on steps to protect a vehicle involved in accident due to physical or mental or intoxicated condition. RCW 46.55.113(3). [ ] Driver is arrested and unable to decide on steps to protect property due to intoxication or otherwise. Authority: RCW 46.55.113(4). [ ] The vehicle is stolen. Authority: RCW 46.55.113.(5). [ ] The vehicle is parked in a properly marked disabled person stall and it does not contain a special plate or decal. Authority: RCW 46.55.113(6). [ ] Other Signed by Officer: RPB01591X STATE OF WASHINGTON, COUNTY OF SNOHOMISH, Jr SUMMARY OF ORDINANCE NO, 2736 of the CITY of Edmonds WaBh€n n On the 226d day of Au4UST. 1484 the City Council of the City of E=dmonds passed Ordinance, Na. 2736, +� summary of the content o! said ordln0 Co, ctln%t%tlri0 of R1e title, provide% as te""a AN ORDNANCE OF THE CITY OF EDMONOS WASHINGTON ADDING A �lEW SECTION 5.5a.125 TO THE EDMONDS SECTION 030,010 TO INCLUDE THE STATE STATUTES AUT-HORIZING IMPOUNDS•. NTAIN NrG—A--aVeAA—fo 7Y CLAUSE AND SETTING AN EFFECTIVE OATE.. The full text at this Ordinance will be rrdled upon request. DATED this, 22nd day of AUPust 1909. r JAt4UFLINE G. PARRETT CHY Clerk Published: Auqust 27, 19". Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ...................... --- ....... ... --S-ummaxy-----a-f .. 0-r d iRan.Q e-. Ro.j... 2 7.3 6-----------------------............:.,.:..: a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: August 2......1.9$9... .................... and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this28th ..- County, B-2-1