10.25.020 Mandatory impound.
(1) When a driver of the vehicle is arrested for a violation of RCW 46.61.502 (Driving under the influence) or RCW 46.61.504 (Physical control of vehicle under the influence) as adopted by reference in PMC 10.10.010, the vehicle is subject to summary impound, and except for a commercial or a farm transport vehicle under subsection (5) of this section, the vehicle must be impounded. With the exception of the 12-hour hold as provided in subsection (3) of this section, procedures for notice, redemption, storage, auction, and sale shall remain the same as for other impounded vehicles under this chapter.
(2) If the police officer directing that a vehicle be impounded under this section has:
(a) Waited 30 minutes after the police officer contacted the police dispatcher requesting a registered tow truck operator and the tow truck responding has not arrived; or
(b) If the police officer is presented with exigent circumstances such as being called to another incident or due to limited available resources being required to return to patrol, the police officer may place the completed impound order and inventory inside the vehicle and secure the vehicle by closing the windows and locking the doors before leaving. Neither the City nor the police officer shall be liable for any damages to or theft of the vehicle or its contents that occur between the time the officer leaves and the time that the registered tow truck operator takes custody of the vehicle, or for the actions of any person who takes or removes the vehicle before the registered tow truck operator arrives upon securing the vehicle as provided above.
(3) When a driver of a vehicle is arrested for a violation of RCW 46.61.502 (Driving under the influence) or RCW 46.61.504 (Physical control of vehicle under the influence), and the driver is the registered owner of the vehicle, the impounded vehicle may not be redeemed within a 12-hour period following the time the impounded vehicle arrives at the registered tow truck operator’s storage facility as noted in the registered tow truck operator’s master log, unless there are two or more registered owners of the vehicle or there is a legal owner of the vehicle that is not the driver of the vehicle, either of whom may redeem the impounded vehicle after it arrives at the registered tow truck operator’s storage facility as noted in the registered tow truck operator’s master log. The driver of such vehicle shall be notified that the impounded vehicle may not be redeemed within a 12-hour period following the time the impounded vehicle arrives at the registered tow truck operator’s storage facility unless there are two or more registered owners or there is a legal owner who is not the driver of the vehicle. The police officer shall notify the driver that the impounded vehicle may be redeemed by either a registered owner or legal owner, who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator’s storage facility.
(4) When a driver of a vehicle is arrested for violation of RCW 46.61.502 (Driving under the influence) or RCW 46.61.504 (Physical control of vehicle under the influence) and the driver is not a registered owner of the vehicle, the impounded vehicle may be redeemed by a registered owner or legal owner, who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator’s storage facility as noted in the registered tow truck operator’s master log. The police officer directing the impound shall notify the driver that the impounded vehicle may be redeemed by a registered owner or legal owner who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator’s storage facility.
(5) If the vehicle is a commercial vehicle or farm transport vehicle and the driver of the vehicle is not the owner of the vehicle, before the summary impoundment directed under subsection (1) of this section, the police officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner is not in the vehicle at the time of the stop and arrest.
(6) The registered tow truck operator shall notify the Pasco Police Department when the vehicle arrives at the registered tow truck operator’s storage facility and has been entered into the master log, starting the 12-hour period. [Ord. 4016, 2011; Code 1970 § 10.18.015.]