10.36.040 Additional Impound Situations:
A. In addition to any other provision of law or ordinance authorizing impound of vehicles, a law enforcement officer may provide for the prompt removal of a vehicle to a place of safety, including authorizing its summary impoundment, in any of the following situations that may arise locally upon the public right-of-way or other publicly owned or controlled property:
1. The vehicle is stopped, standing, or parked in violation of Sections 8.52.040, 10.12.020, 10.12.025, 10.12.035, 10.12.037, 10.12.038, 10.12.040, 10.12.045, 10.12.050, 10.12.060, 10.12.070, 10.14.050, 10.16.010, 10.16.015, 10.16.020, and 12.36.040(B)(5) and (B)(9);
2. The vehicle is parked in a public parking lot or facility posted in accordance with RCW 46.55.070 exceeding the period posted;
3. The vehicle is parked in a public parking lot or facility other than one posted in accordance with RCW 46.55.070 exceeding twenty-four (24) consecutive hours;
4. The vehicle is stopped, standing, or parked in a public right-of-way at a location posted “no parking” pursuant to Section 10.12.030; or
5. The vehicle is parked in violation of any City ordinance, and has been issued three (3) or more notices for traffic infractions under Title 10, none of which have been responded to in accordance with Section 10.12.090 and remain in default.
B. Vehicles impounded pursuant to this section shall be subject to the same redemption rights and hearing procedures of RCW 46.55.120; provided, that any hearing specified in RCW 46.55.120(2) shall be conducted by an administrative hearing officer instead of the Moses Lake Municipal Department of the Grant County District Court as authorized by Section 10.36.060.
C. If the vehicle is impounded and stored at a publicly owned or controlled property, as described in subsection (D)(3) of this section, then the City, and not the tow truck operator, must provide any written notices required by RCW 46.55.110(1) and (3), and 46.55.120(2), and maintain any records stated therein.
D. For purposes of this section, “a place of safety” means:
1. The business location of a registered tow truck operator;
2. A lawful parking location; or
3. A publicly owned or controlled property that is an area completely enclosed by a fence that is at least six (6) feet high, and constructed to prevent access by the general public, with a gate that can be locked, or storage within an enclosed building. (Ord. 3027, 5/23/23)