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.
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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.
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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