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Ordinance 13-019 Amends Towing Regs CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 13-019 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,WASHINGTON ADOPTING SPOKANE VALLEY MUNICIPAL CODE SECTION 9.10.125 RELATING TO TOW OPERATORS PERFORMING PRIVATE IMPOUNDS,AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 9.10.150(A)RELATING TO PENALTIES,AND OTHER MATTERS RELATED THERETO. WHEREAS, Spokane Valley Municipal Code Chapter 9.10 applies to all persons performing police-initiated impounds within the corporate limits of the City; and WHEREAS, the City currently has no regulations regarding private impounds of stolen vehicles, including no requirement for towing operators to check with the City Police Department before impounding an abandoned vehicle; and WHEREAS, this Ordinance seeks to assist victims of stolen vehicles from being further victimized. The requirement of towing operators to receive prior clearance from the City Police Department is likely to help avoid further inconvenience and monetary impact for victims of such crimes; and WHEREAS, this Ordinance would change the penalty section so that a violation constitutes a Class 1 civil infraction enforceable by District Court, rather than through the City's code compliance office; and WHEREAS, the City Police Department recommends adopting these provisions; and WHEREAS, this Ordinance is in the best interest of the health, safety and welfare of the citizens of the City. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Adoption. Spokane Valley Municipal Code 9.10,125 is hereby adopted as follows: 9.10.125 Tow operators performing private impounds—Requirements. Any tow truck operator impounding a vehicle from private property is required to notify the City Police Department and wait for clearance to proceed prior to impounding an abandoned motor vehicle. Impoundment of stolen vehicles is only authorized by law enforcement. In the event that the reported stolen vehicle subsequently requires impoundment, the reporting/posted tow company shall receive the tow. Towing operators shall otherwise comply with all towing and impoundment provisions in chapter 46.55 RCW. Ordinance 13-019 Amending Towing Regulations Page 1 of 2 Section 2. Amendment. Spokane Valley Municipal Code 9.10.050 is hereby amended as follows: 9.10.150 Violation—Penalty. A. Civil Infractions. Any person violating or failing to comply with any provision of this chapter shall be subject to a Class 1 civil infraction pursuant to chapter 7.80 RCW. B. Suspension/Revocation. Any violation of the provisions of this chapter may be grounds for suspension or revocation of a tow operator's registration with the City pursuant to this chapter. C. Provision Nonexclusive. Penalty and enforcement provisions provided in this chapter are not exclusive, and the City may pursue any remedy or relief it deems appropriate. Section 3. Severability. 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 4. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed this 10th day of December,2013. Iayor,Thomas E. Towey .- ATTEST: J A .allek , -.1/1 iii 4 "i Clerk, Christine :ain:ridge Approved As To Form:.,'‘,-44,V Office f he City tt my Date of Publication: 12-13-13 Effective Date: 12-18-13 Ordinance 13-019 Amending Towing Regulations Page 2 of 2