HomeMy WebLinkAboutOrdinance No. 2020-002 An Ordinance of the City of Arlington, Washington Amending and Repealing Certain Criminal Code Sections of the Arlington Municipal Code Titles 6, 8, 9 and 10 ORDINANCE NO. 2020--002
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING AND REPEALING CERTAIN CRIMINAL CODE SECTIONS OF THE ARLINGTON
MUNICIPAL CODE TITLES 6, 8, 9 AND 10
WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote
and protect the public safety; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council believes that its ordinances should be brought current with
requirements of state law and changes to the City's municipal court;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. A new Arlington Municipal Code section 6.08.046 shall be and hereby is
adopted to read as follows:
6.08.046—Adoption of state statutes—Generally
The following state statutes, including all future amendments, additions or deletions are
adopted by reference:
(a) RCW 70.93.059 — Littering prohibited—Penalties—Litter cleanup restitution
payment.
(b) RCW 70.93.110—Removal of litter—Responsibility.
(c) RCW 70.54.010—Polluting water supply—Penalty.
Section 2. Arlington Municipal Code section 6.08.080 shall be and hereby is repealed in
its entirety.
Section 3. Arlington Municipal Code section 6.08.140 shall be and hereby is amended
to read as follows:
6.08.140-Vehicle loads dropping on street.
The following state statutes, including all future amendments, additions or deletions,
are adopted by reference:
(a) RCW 46.61.655—Dropping load, other materials—Covering.
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Section 4. Arlington Municipal Code section 6.08.170 shall be and hereby is amended
to read as follows:
6.08.170- Penalty for violation.
Unless otherwise provided, a person convicted of violating the provisions of this chapter
will be guilty of a misdemeanor and will be punished by a fine not to exceed one
thousand dollars or by imprisonment in jail for a term not to exceed ninety days, or both
such fine and imprisonment.
Section 5. Arlington Municipal Code section 8.10.010 shall be and hereby is amended
to read as follows:
8.10.010- Obstructing an officer or concealing an animal.
No person shall conceal any animal, or deny, prevent or obstruct a police officer, a
properly designated city employee, or an animal control officer from enforcing any
provisions of this title. The officer, or animal control authority, shall have the power to
issue a citation, on the same forms as are used by members of the police department, to
any violator of this chapter. A violation of this section shall be a gross misdemeanor
punishable by up to three hundred and sixty-four days in jail, a fine not to exceed five
thousand dollars, or both imprisonment and fine.
Section 6. Arlington Municipal Code section 8.10.040(d) shall be and hereby is
amended to read as follows:
(d) Appeal. An appeal of a potentially dangerous dog declaration must be served upon
the city of Arlington police chief within five days of service of the potentially dangerous
dog declaration. Appeals shall be heard by the judge of the Snohomish County District
Court—Cascade Division and conducted in accordance with AMC 8.10.140.
Section 7. Arlington Municipal Code section 8.10.045(e) shall be and hereby is
amended to read as follows:
(e) Appeal. An appeal of a dangerous dog declaration must be served upon the city of
Arlington police chief within five days of service of the potentially dangerous dog
declaration. Appeals shall be heard by the judge of the Snohomish County District Court
—Cascade Division and conducted in accordance with AMC 8.10.140.
Section 8. Arlington Municipal Code section 8.10.070 shall be and hereby is amended
to read as follows:
8.10.070- Injury to property.
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It is unlawful for an owner of an animal other than cats and pigeons to suffer or permit
the animal to trespass on the property of another so as to cause one hundred dollars or
more in damage to property of another, or to spill or to spread garbage.
Section 9. Arlington Municipal Code section 8.10.110(i) shall be and hereby is amended
to read as follows:
A first offense of this section is a class 1 civil infraction under RCW 7.80.120(1)(a). A
second or subsequent offense is a misdemeanor as defined by RCW 9A.20.010..
Section 10. Arlington Municipal Code section 8.10.140(a) shall be and hereby is
amended to read as follows:
(a) Filing. A notice of appeal, substantially in the form prescribed, shall be filed with
the Snohomish County District Court—Cascade Division and the chief of police not more
than five business days after service of the order to abate a nuisance, potentially
dangerous dog declaration, or dangerous dog declaration. Failure to timely file a notice
of appeal shall constitute a waiver of the right to appeal the determination of the order
to abate a nuisance, potentially dangerous dog declaration, or dangerous dog
declaration.
Section 11. Arlington Municipal Code section 8.10.140(d) shall be and hereby is
amended to read as follows:
(d) Enforcement Stayed During Pendency of Appeal. Unless otherwise determined by
the judge of the Snohomish County District Court — Cascade Division, enforcement of
the order to abate a nuisance or declaration of dangerous dog shall be stayed during the
pendency of the appeal. However, if a dog is declared dangerous and impounded by
animal control, the court may require the continued impoundment of the dog during
the pendency of the appeal, or set conditions for the dog's release. If the appeal is
denied,the owner shall be liable for all costs incurred by the city for the impound.
Section 12. Arlington Municipal Code section 8.10.140(f) shall be and hereby is
amended to read as follows:
(f) Decision of the Court. The judge of the Snohomish County District Court — Cascade
Division may uphold, dismiss, or modify the order to abate a nuisance, potentially
dangerous dog declaration, or declaration of dangerous dog. A written order shall be
prepared and signed by the judge. The decision of the judge of the Snohomish County
District Court — Cascade Division shall be a final administrative decision,appealable to
the Snohomish County superior court within thirty days of the final written order.
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Section 13. Arlington Municipal Code section 8.10.150 shall be and hereby is amended
to read as follows:
8.10.150- Disposition of seized and removed animals—Bond requirements.
Any owner whose domestic animal is seized and removed pursuant to AMC 8.21.010
(Humane Care); 8.21.020 (Animal cruelty), AMC 8.10.040 (Potentially Dangerous) or
AMC 8.10.045 (Dangerous dogs) shall, upon a finding of probable cause by the
Snohomish County District Court — Cascade Division, be required to post a bond or
security within five days of such probable cause finding in an amount sufficient to
provide for the animal's care for a minimum of sixty days from the seizure date. Failure
to post such bond or security shall authorize the city of Arlington or its agent to
euthanize the animal or find a responsible person to adopt the animal. The city of
Arlington may euthanize severely injured, diseased, or suffering animals at any time.
Section 14. Arlington Municipal Code section 8.10.160(h) shall be and hereby is
repealed.
Section 15. A new Arlington Municipal Code section 8.21.005 shall be and hereby is
adopted to read as follows:
8.21.005 -Adoption of state statutes
The following state statutes, including all future amendments, additions or deletions,
are hereby adopted by reference:
(a) RCW 16.52.011—Definitions—Principles of Liability.
(b) RCW 16.52.015 — Enforcement—Law enforcement agencies and animal
care and control agencies.
(c) RCW 16.52.020—Humane Societies—Enforcement authority.
(d) RCW 16.52.025—Humane Societies—Animal control officers.
(e) RCW 16.52.080—Transporting or confining in unsafe manner—Penalty.
(f) RCW 16.52.085 — Removal of animals for feeding and care—
Examination—Notice—Euthanasia.
(g) RCW 16.52.090—Docking horses—Misdemeanor.
(h) RCW16.52.095—Cutting ears—Misdemeanor.
(i) RCW 16.52.100 — Confinement without food and water—Intervention by
others.
(j) RCW 16.52.110—Old or diseased animals at large.
(k) RCW 16.52.165—Punishment—Conviction of misdemeanor.
(1) RCW 16.52.180— Limitations on application of chapter.
(m) RCW 16.52.185—Exclusions from chapter.
(n) RCW 16.52.190—Poisoning animals—Penalty.
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(o) RCW 16.52.193 — Poisoning animals—Strychnine sales—Records—Report
on suspected purchases.
(p) RCW 16.52.200 — Sentences—Forfeiture of animals—Liability for costs—
Penalty—Education, counseling.
(q) RCW 16.52.207—Animal cruelty in the second degree—Penalty.
(r) RCW 16.52.210 — Destruction of animal by law enforcement officer—
Immunity from liability.
(s) RCW 16.52.225 — Nonambulatory livestock—Transporting or accepting
delivery—Gross misdemeanor—Definition.
(t) RCW 16.52.230— Remedies not impaired.
(u) RCW 16.52.300— Dogs or cats used as bait—Seizure—Limitation.
(v) RCW 16.52.305— Unlawful use of hook—Gross misdemeanor.
(w) RCW 16.52.310— Dog breeding—Limit on the number of dogs—Required
conditions—Penalty—Limitation of section—Definitions.
(x) RCW 16.52.340 — Leave or confine any animal in unattended motor
vehicle or enclosed space—Class 2 civil infraction—Officers' authority to
reasonably remove animal.
Section 16. Arlington Municipal Code section 8.21.100 shall be and hereby is amended
to read as follows:
8.21.100-Violation and penalty.
Unless otherwise set forth in the chapter, failure to comply with any provision of this
chapter shall be a gross misdemeanor subject to a term of not more than three hundred
and sixty-four days, a fine of not more than five thousand dollars, any fees incurred by
the city in the course of the impound, or both a fine and imprisonment.
Section 17. Arlington Municipal Code section 9.04.060 shall be and hereby is amended
to read as follows:
9.04.060- Penalty.
(a) Any person convicted of a gross misdemeanor will be punished by a fine not to
exceed five thousand dollars or by imprisonment in jail for a term not to exceed three
hundred and sixty-four days, or by both such fine and imprisonment.
(b) Unless otherwise provided, any person convicted of violating the provisions of this
chapter will be guilty of a misdemeanor and will be punished by a fine not to exceed one
thousand dollars or by imprisonment in jail for a term not to exceed ninety days, or by
both such fine and imprisonment.
Section 18. A new Arlington Municipal Code section 9.04.070 shall be and hereby is
adopted to read as follows:
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9.04.070 Adoption of state code generally.
All misdemeanor and gross misdemeanor criminal behavior and the penalties therefore
as defined by the state of Washington, Revised Code of Washington, are adopted by
reference by the city of Arlington.
There are adopted by reference all provisions of any enactment of the State Legislature
not previously adopted by reference, and establishing a misdemeanor or gross
misdemeanor, otherwise enforceable by the state of Washington within the city of
Arlington, to become a misdemeanor or gross misdemeanor of the city of Arlington, and
to the extent otherwise enforceable by the state of Washington, shall likewise be
enforceable by the city of Arlington, through its police department and its prosecuting
authority, all in the same manner and fashion as such enactment may be enforced or
prosecuted in the name of the state.
Section 19. Arlington Municipal Code section 9.08.060 shall be and hereby is amended
to read as follows:
9.08.060-Violation of civil anti-harassment orders.
The following state statutes, including all future amendments, additions or deletions,
are hereby adopted by reference:
(a) RCW Ch. 10.14
Section 20. Arlington Municipal Code section 9.16.020 shall be and hereby is amended
to read as follows:
9.16.020- Indecent exposure.
The following state statutes, including all future amendments, additions or deletions,
are hereby adopted by reference:
(a) RCW 9A.88.010, Indecent exposure.
Section 21. Arlington Municipal Code section 9.16.050 shall be and hereby is repealed.
Section 22. Arlington Municipal Code section 9.16.070 shall be and hereby is amended
to read as follows:
9.16.070- Patronizing a prostitute.
The following state statutes, including all future amendments, additions or deletions,
are hereby adopted by reference:
(a) RCW 9A.88.110, Patronizing a prostitute
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Section 23. Arlington Municipal Code section 9.28.020 shall be and hereby is amended
to read as follows:
9.28.020- Malicious mischief and obscuring identity of machines.
The following state statutes, including all future amendments, additions or deletions,
are adopted by reference:
(1) RCW 9A.48.090, Malicious mischief in the third degree.
(2) RCW 9A.48.100(I), Malicious mischief—"Physical damage" defined.
(3) RCW 9A.48.105, Criminal street gang tagging and graffiti.
(4) RCW9A.48.110, Defacing a state monument.
(5) RCW 9A.56.180, Obscuring identity of a machine.
Section 24. Arlington Municipal Code section 9.28.030 shall be and hereby is amended
to read as follows:
9.28.030-Trespass and related crimes.
The following state statutes, including all future amendments, additions or deletions,
are adopted by reference:
(1) RCW 9A.52.010, Definitions.
(2) RCW 9A.52.060, Making or having burglar tools.
(3) RCW 9A.52.070, Criminal trespass in the first degree.
(4) RCW 9A.52.080, Criminal trespass in the second degree.
(5) RCW 9A.52.090, Criminal trespass—Defenses.
(6) RCW 9A.52.100, Vehicle prowling in the second degree.
(7) RCW 9A.52.120, Computer trespass in the second degree.
(8) RCW 9A.52.130, Computer trespass—Commission of other crime.
(9) RCW 9A.52.105, Removal of unauthorized persons—Declarations—Liability—
Rights.
(10) RCW 9A.52.115, Removal of unauthorized persons—Declaration form—
Penalty for false swearing.
Section 25. Arlington Municipal Code section 9.36.010 shall be and hereby is repealed.
Section 26. Arlington Municipal Code section 9.36.020 shall be and hereby is amended
to read as follows:
9.36.020- Public servant defined.
Public servant, as used in this article, means any person other than a witness who
presently occupies the position of or has been elected, appointed, or designated to
become any officer or employee of government, including but not limited to a legislator,
judge, judicial officer, juror, and any person participating as an advisor, consultant, or
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otherwise performing a governmental function.
Section 27. Arlington Municipal Code section 9.36.050 shall be and hereby is amended
to read as follows:
9.36.050-Vehicles resembling police or fire vehicles.
No person may operate a motor vehicle within the city which is painted and contains
decals, numbers, name or insignia so as to simulate a city or county police or fire
department vehicle, or city vehicle, without prior authorization from the police chief,
fire chief, city manager, or their designees. Violation of this section is a gross
misdemeanor.
Section 28. Arlington Municipal Code section 9.36.060 shall be and hereby is amended
to read as follows:
9.36.060- Interference with and abuse of police dogs prohibited.
It is a gross misdemeanor for any person to willfully or maliciously interfere with,
obstruct, torture, beat, kick, strike, or in any way abuse or harass any dog used by any
police officer in discharging or attempting to discharge any legal duty or power of his or
her office, under circumstances not amounting to "Harming a Police Dog," as defined in
RCW 9A.76.200.
Section 29. Arlington Municipal Code section 9.40.010 shall be and hereby is amended
to read as follows:
9.40.010-Statutes adopted.
The following state statues, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 69.41.030, Sale, delivery, or possession of legend drug without
prescription or order prohibited—Exceptions—Penalty.
(2) RCW 69.41.350(1), Steroids—Penalties.
(3) RCW 69.50.101, Definitions.
(4) RCW 69.50.102, Drug paraphernalia - Definitions.
(5) RCW 69.50.201, Authority to control.
(6) RCW 69.50.202, Nomenclature.
(7) RCW 69.50.204, Schedule 1--Marijuana defined as a controlled substance.
(8) RCW 69.50.309, Containers.
(9) RCW 69.50.401, Prohibited Acts: A—Penalties.
(10) RCW 69.50.412, Prohibited acts: E—Penalties.
(11) RCW 69.50.4121, Drug paraphernalia—Selling or giving—Penalty.
(12) RCW 69.50.445, Opening package of or consuming marijuana, useable
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marijuana, marijuana-infused products, or marijuana concentrates in view of
general public or public place—Penalty.
(13) RCW 69.50.505, Seizure and forfeiture.
(14) RCW 69.50.506, Burden of proof; liabilities.
(15) RCW 69.50.509, Search and seizure of controlled substances.
Section 30. Arlington Municipal Code section 9.40.020 shall be and hereby is amended
to read as follows:
9.40.020- Drug paraphernalia—Possession prohibited.
No person may possess any drug paraphernalia, as defined in RCW 69.50.102, with the
intent to use or employ the same for manufacturing and/or consuming a controlled
substance. Possession of drug paraphernalia is a misdemeanor.
Section 31. Arlington Municipal Code section 9.40.030 shall be and hereby is repealed.
Section 32. Arlington Municipal Code section 9.40.090 shall be and hereby is amended
to read as follows:
9.40.090-Violation: penalty.
Any person convicted of having violated section 9.40.040, 9.40.050, 9.40.060, or
9.40.070 will be guilty of a gross misdemeanor and will be punished by a fine of not
more than five thousand dollars or imprisonment for not more than three hundred and
sixty four days, or both such fine and imprisonment. In addition, a second subsequent
conviction of section 9.40.040, 9.40.050, 9.40.060, or 9.40.070 may result in revocation
of the business license of the place of business where the violations occurred.
Section 33. Arlington Municipal Code section 9.48.030 shall be and hereby is amended
to read as follows:
9.48.030-Weapons prohibited on liquor sale premises.
It is a gross misdemeanor for anyone, on or in any premises classified by the state liquor
board as off-limits to persons under twenty-one years of age to:
(1) Carry in any manner any firearm, rifle or handgun, whether such person has a
license or permit to carry such firearm or not, and whether such firearm is
concealed or not; or
(2) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a
blade of a length of three inches or more, or any razor with an unguarded blade,
whether such weapon or instrument is concealed or not; or
(3) Carry any instrument or weapon of the kind usually known as a slingshot,
taser, throwing star, bow, sand club, blackjack, metal knuckles, or any stick,
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chain, metal pipe, bar, club or combination thereof including a device known as
nunchuk sticks, or any like device having the same or similar components or
parts, whether or not connected by a rope, chain or other device, or any
explosive or any poison or injurious gas, or any other instrument or weapon
apparently capable of producing bodily harm, whether such instrument or
weapon is concealed or not.
The provisions of Subsection (1) of this section will not apply to or affect the following:
(1) Any lawful act committed by a person while in his or her fixed place of
business; or
(2) Any person who by virtue of his or her office or public employment is vested
by law with a duty to preserve public safety, maintain public order, or to make
arrests for offenses, whether during regular duty hours or not; or
(3) Any person making or assisting in making a lawful arrest for the commission
of a felony.
Upon conviction, the weapon or instrument involved may be confiscated by order of the
court and disposed of in accordance with statutes or ordinances governing the disposal
of confiscated or found property.
Section 34. A new Arlington Municipal Code section 9.48.060 shall be and hereby is
adopted to read as follows:
9.48.060—Extreme Risk Protection Orders
The following state statutes, including all future amendments, additions or deletions,
are adopted by reference:
(1) RCW Ch. 7.94
Section 35. Arlington Municipal Code section 9.52.050 shall be and hereby is amended
to read as follows:
9.52.050-Throwing objects at moving vehicles.
Any person who knowingly throws, pushes, rolls, drops, swings or otherwise propels or
projects any object, thing or substance in such a manner as to strike or be likely to strike
any moving vehicle on the public highways or streets is guilty of a gross misdemeanor.
Section 36. Arlington Municipal Code section 9.60.010 shall be and hereby is amended
to read as follows:
9.60.010- Orders—Conditions.
Any judge or judge pro tempore of the Snohomish County District Court — Cascade
Division may issue written orders to criminal defendants describing conditions of their
pretrial release or the post-conviction conditions of suspension or deferral of their
sentences. Orders must be substantially in the form described in this chapter.
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Section 37. A new Arlington Municipal Code section 10.54.015 shall be and hereby is
adopted to read as follows:
10.54.015 — Adoption of State Statutes — Special parking privileges for person with
disabilities.
The following statutes of the state of Washington, including all future amendments
thereto, are adopted by reference:
(1) 46.19.030 Display and design of placards, license plates, and year
tabs.
(2) 46.19.050 Restrictions—Prohibitions—Violations—Penalties.
(3) 46.19.070 Special plate or card issued by another jurisdiction.
Section 38. Arlington Municipal Code section 10.54.030 shall be and hereby is
amended to read as follows:
10.54.030- Parking prohibited for more than seventy-two hours.
Time Restriction - No Repark. The parking or storage of any vehicle, trailer, camper,
motor home or over-sized vehicle in the same parking location on a street in excess of
72 consecutive hours without movement shall be unlawful. If any time after the initial
72 consecutive hour period the vehicle is still parked in the same location on the street
in violation of the 72 consecutive hours parking restriction and is then re-parked on the
street within the same block for any period of time up to twenty-four (24) hours, it shall
be considered to be parked in the same location within the street and therefore still in
violation of the 72 consecutive hours parking restriction.
"Vehicle" means any motor vehicle, car, truck, vehicle, van, tractor, bus, trailer
(including boat trailer with or without a boat situated thereon), recreational vehicle,
tractor or semi-trailer, motorcycle or boat or vessel (trailered or non-trailered), whether
licensed or unlicensed, or motorized or nonmotorized, unless otherwise defined.
Section 39. Arlington Municipal Code section 10.54.060 shall be and hereby is
amended to read as follows:
10.54.060—Applicable state law adopted by reference
All applicable provisions of Chapter 46.55 RCW, as now or hereafter amended, are
hereby incorporated into this chapter by this reference. In the event that any provision
of this chapter may conflict with any provision of Chapter 46.55 RCW or other applicable
state law, the state law provision will control.
Section 40. Arlington Municipal Code section 10.54.070 shall be and hereby is
amended to read as follows:
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10.54.070 — Abandoned and junk vehicle motor vehicles — Statutes adopted by
reference.
The following statutes of the state of Washington, including all future amendments
thereto, are adopted by reference:
(1) 46.55.010 Definitions
(2) 46.55.070 Posting requirements—Exception
(3) 46.55.080 Law enforcement impound, private impound
(4) 46.55.085 Law enforcement impound—Abandoned vehicle
(5) 46.55.090 Storage, return requirements — Personal belongings — Combination
endorsement for tow truck drivers—Authority to view impounded vehicle
(6) 46.55.100 Impound notice—Abandoned vehicle
(7) 46.55.110 Notice to legal and registered owners
(8) 46.55.113 Removal by police officer, when
(9) 46.55.120 Redemption of vehicles—Sale of unredeemed vehicles
(10) 46.55.130 Notice requirements — Public auction — Accumulation of storage
charges
(11) 46.55.140 Operator's lien, deficiency claim, liability
(12) 46.55.230 Junk vehicles—Certification, notification, removal, sale
Section 41. Arlington Municipal Code section 10.54.080 shall be and hereby is
amended to read as follows:
10.54.080—Impound without notice
(A) A vehicle may be impounded with or without citation and without giving prior
notice to its owner as otherwise required by this chapter under the following
circumstances:
1. When the vehicle is impeding or is likely to impede the normal flow of
vehicular or pedestrian traffic; or
2. When the vehicle is illegally occupying a truck, commercial load, bus, loading,
or other similar zone where, by order of the director of engineering or chiefs of police or
fire, parking is limited to designated classes of vehicles or is prohibited during certain
hours, or designated days, or at all times, and where such vehicle is interfering with the
proper and intended use of such zones; or
3. When a vehicle without a special license plate, card, or decal indicating that
the vehicle is being used to transport a disabled person as defined under Chapter 46.19
RCW, as now or hereafter amended, is parked in a stall or space clearly and
conspicuously marked as being reserved for disabled persons, whether the space is
located on private property without charge or on public property; or
4. When the vehicle poses an immediate danger to public safety; or
5. When a police officer has probable cause to believe that the vehicle is stolen;
or
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6. When a police officer has probable cause to believe that the vehicle
constitutes or contains evidence of a crime, if impoundment is reasonably necessary in
such instance to obtain or preserve the evidence.
(B) Nothing in this section shall be construed to authorize seizure of a vehicle
without a warrant where a warrant would otherwise be required by law.
Section 42. A new Arlington Municipal Code section 10.54.090 shall be and hereby is
adopted to read as follows:
10.54.090—Impound after notice
A vehicle not subject to impoundment under AMC 10.54.080 may be impounded after
notice of the proposed impoundment has been securely attached to and conspicuously
displayed on the vehicle for a period of 24 hours prior to such impoundment for the
following reasons:
1. When such vehicle is parked in violation of any law, ordinance, or regulation;
or
2. When such vehicle is so mechanically defective as to be unsafe for operation;
provided, however, that this section shall not be construed to prevent the operation of
any such defective vehicle to a place for correction of equipment defect in a manner
directed by any law enforcement officer.
Section 43. A new Arlington Municipal Code section 10.54.100 shall be and hereby is
adopted to read as follows:
10.54.100— How impound is to be effected
When impoundment is authorized by this chapter, a vehicle may be impounded either
by an officer or authorized agent of the police department, or by a contractor for towing
and storage services acting at the request of an officer or authorized agent of the police
department, and in accordance with a city contract.
Section 44. A new Arlington Municipal Code section 10.54.110 shall be and hereby is
adopted to read as follows:
10.54.110—Notice to owner
(A) Not more than 24 hours after impoundment of any vehicle, the towing
contractor shall mail a notice by first class mail to the last known and legal owners of the
vehicle, as may be disclosed by the vehicle identification number, and as provided by
the Washington State Department of Licensing. The notice shall contain the full
particulars of the impoundment, procedures for redemption, a copy of the invoice for
towing and storage, an opportunity for a hearing to contest the propriety of the
impoundment, and a form to be submitted for requesting such a hearing.
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(B) Similar notice shall be given to each person who seeks to redeem an impounded
vehicle except that if a vehicle is redeemed prior to the mailing of notice, then such
notice need not be mailed.
(C) The Arlington police department shall give written notification to the vehicle's
last registered and legal owner that an investigatory hold has been removed, except
that if a vehicle is redeemed following notice by telephone and prior to the mailing of
notice, then notice need not be mailed. In addition, the police department shall notify
the towing contractor, by telephone or in writing, of the authorization to release such
vehicle.
Section 45. A new Arlington Municipal Code section 10.54.120 shall be and hereby is
adopted to read as follows:
10.54.120—Redemption of impounded vehicles
Vehicles impounded by the city pursuant to this chapter shall be redeemed only under
the following circumstances:
(A) An impounded vehicle may be redeemed only by the legal owner, the registered
owner, a person authorized in writing by the registered owner or the vehicle's insurer, a
person who is determined and verified to have the permission of the registered owner
of the vehicle, or one who has purchased a vehicle from the registered owner and who
produces either proof of ownership or written authorization and signs a receipt
therefor.
(B) Any person redeeming a vehicle properly impounded by the city shall pay the
towing contractor for the costs of impoundment (removal, towing and storage) prior to
redeeming such vehicle. The towing contractor shall accept payment as provided in
RCW 46.55.120, as now or hereafter amended.
(C) Any person seeking to redeem a vehicle impounded as a result of a parking or
traffic citation has a right to a hearing to contest the validity of the impoundment or the
amount of towing and storage charges imposed. Any such request for hearing must be
in writing, in a form approved by the Snohomish County District Court — Cascade
Division, and signed by such person, and received by the court within 10 days after the
requesting person received notice of the impound and opportunity for a hearing. Such
hearing shall be provided as follows:
1. The court, within five days after receiving the request for a hearing, shall, in
writing, notify the towing contractor, the person requesting the hearing if not the
owner, the registered and legal owners of the vehicle, and the person or agency
authorizing the impound of the hearing date and time.
2. If all the requirements to redeem the vehicle have been satisfied, the
impounded vehicle shall be released to such person immediately, and a hearing as
provided for in AMC 10.54.130 shall be held within 90 days of the written request for a
hearing.
ORDINANCE NO. 2020-002 14
3. If all the requirements to redeem the vehicle have not been satisfied, the
impounded vehicle shall not be released to such person until after the hearing provided
pursuant to AMC 10.54.130. Such person shall have the right to a hearing within seven
business days (Monday through Friday, excluding court holidays) of the court's receipt
of the written request for a hearing.
4. Any person seeking a hearing who has failed to request such hearing within 10
days of receiving notice of the opportunity therefor shall be deemed to have waived the
right to a hearing, and the registered owner of the impounded vehicle shall be liable for
any towing and storage fees incurred in relation to the vehicle.
5. Redemption of vehicles impounded for violations of driving with an
invalidated (i.e., suspended or revoked) license shall be as provided under RCW
46.55.120.
Section 46. A new Arlington Municipal Code section 10.54.130 shall be and hereby is
adopted to read as follows:
10.54.130—Post-impound hearing procedure
Hearings requested pursuant to AMC 10.54.120 shall be held in the Snohomish County
District Court — Cascade Division, which court shall determine whether the
impoundment was proper and whether the associated removal, towing and storage fees
charged were proper.
(A) At the hearing, the person requesting the hearing may produce any relevant
evidence to show that the impoundment, towing, or storage fees charged were
improper. The court may consider a written report made under oath by the
officer who authorized the impoundment in lieu of the officer's personal
appearance at the hearing. An abstract of the driver's driving record is
admissible without further evidentiary foundation and is prima facie evidence of
the status of the driver's license, permit or privilege to drive and that the driver
was in fact convicted of each offense listed on the abstract. In addition, a
certified vehicle registration of the impounded vehicle is admissible without
further evidentiary foundation and is prima facie evidence of the identity of the
registered owner of the vehicle.
(B) If the impoundment is found to be proper, the court shall enter an order so
stating. In the event that the costs of impoundment (removal, towing and
storage fees) have not been paid, the court's order shall provide that the
impounded vehicle shall be released only after payment to the city of any fines
imposed on the underlying citation and the costs of impoundment to the towing
company, as well as payment of all court costs associated with the hearing. In
the event that the court grants time payments, the city shall ensure that the
costs of impoundment are ultimately paid to the towing company. The court
shall grant time payments only upon a showing of extreme financial need, and
ORDINANCE NO. 2020-002 15
where there is an effective guaranty of payment.
(C) If the impoundment is determined to be improper, the court shall enter an order
so stating and order the immediate release of the vehicle. The court shall order
that the registered and legal owner of the vehicle shall bear no impoundment,
towing, or storage fees, and that the city shall be liable for any such fees. The
court shall enter judgment in favor of the towing contractor against the city for
the impoundment, towing, and storage fees paid. In addition, the court shall
enter judgment in favor of the registered and legal owner of the vehicle and
against the city for the amount of the filing fee for the impound hearing petition.
(D) In the event that the court finds that the impoundment was proper but that the
removal, towing and storage fees charged for the impoundment were improper,
the court shall determine the correct fees to be charged. If the costs of
impoundment have been paid, the court shall enter a judgment against the
towing company and in favor of the person who has paid the costs of
impoundment for the amount of the overpayment.
(E) No determination of facts made at a hearing under this section shall have any
collateral estoppel effect on any subsequent criminal prosecution and such
determination shall not preclude litigation of those same facts in a subsequent
criminal prosecution.
Section 47. A new Arlington Municipal Code section 10.54.140 shall be and hereby is
adopted to read as follows:
10.54.140—Record of impounded vehicles
(A) The police department shall keep, and make available for public inspection, a
record of all vehicles impounded under the provisions of this chapter. The record shall
include, but is not necessarily limited to,the following information:
1. Manufacturer's trade name or make;
2. Vehicle license number and state of registration;
3. Vehicle identification number;
4. Such other descriptive information as the chief of police deems useful for
purposes of vehicle identification;
5. Basis for impoundment, including reference to the appropriate section or
sections of this chapter; and
6. Disposition of the vehicle and date of disposition.
(B) The police department shall furnish to the towing contractor, upon request, the
name of the registered owner of any vehicle impounded by such contractor pursuant to
this chapter.
Section 48. Arlington Municipal Code section 10.54.150 shall be and hereby is
amended to read as follows:
ORDINANCE NO. 2020-002 16
10.54.150- Registered owner responsible—Presumption.
(a) Every person in whose name a vehicle is registered shall be responsible for any
violation of this chapter caused by the parking, standing or stopping of said vehicle in
violation hereof. It shall be no defense that the vehicle was parked illegally by another,
unless proof is presented that said vehicle had been stolen and had not been returned
to the registered owner by the date of the violation. This section shall not apply to
registered owners transferring vehicle ownership who have complied with RCW
46.52.104 prior to the date of the violation.
(b) In any parking violation case involving a violation of this chapter relating to the
stopping, standing or parking of a vehicle, proof that the particular vehicle described in
the notice of parking violation was stopping, standing or parking in violation of any such
provision of this chapter, together with proof of registered ownership of the vehicle at
the time of the violation, shall constitute in evidence a prima facie presumption that the
registered owner of the vehicle was the person who parked or placed the vehicle at the
point where, and for the time during which, the violation occurred provided the
procedure for issuing a parking violation set forth in this chapter has been followed.
Section 49. Arlington Municipal Code section 10.54.160 shall be and hereby is
amended to read as follows:
10.54.160- Violation—Infraction.
A person violating any provision of this chapter commits an infraction, for the violation
of which they shall pay a civil penalty in a sum to be set by city resolution, plus court
fees, where applicable.
(A) Parking infractions shall be paid at the City of Arlington Finance Department at
city hall, 238 N. Olympic Avenue, Arlington in person or by mail within fifteen
days of issuance.
(B) The fine for all parking infractions paid on the city's next full business day after
the citation is given shall be reduced by one-half the fine amount.
(C) For payments made by mail, a postmark shall serve as the date the payment is
made.
(D) A parking infraction may be contested by notifying the finance department
within fifteen days of issuance and requesting a hearing.
(E) Requests to contest infractions must be made in writing and signed by the owner
of the vehicle.
(F) When a request for a contested hearing is made, the finance department will
forward a notice of infraction to the municipal court for a hearing.
(G) The fine for parking infractions that are neither contested nor paid within fifteen
days of issuance shall be doubled.
(H) Failure to remit the fine within fifteen days of receiving a reminder notice from
the municipal court that the fine is due will result in the inability to renew the
ORDINANCE NO. 2020-002 17
vehicle registration without remitting the fine.
(1) If no response or payment is made within fifteen calendar days from the date of
issuance of the notice of parking violation, the penalty for each violation may be
referred to a collection agency thirty days from the due date, or fifteen days
after the penalty is due, pursuant to RCW 3.02.045 and 19.16.500. The violator
may be liable for any and all collection costs.
0) For all infractions that are neither contested nor paid within fifteen days of
issuance, the municipal court shall send the vehicle owner a reminder notice
stating that payment has not been made and describing the consequences of
non-payment set forth in subsections (g) through (i).
Section 50. Arlington Municipal Code sections 10.84.060 through 10.84.090 shall be
and hereby are repealed.
Section 51. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 52. Effective Date. This ordinance or a summary thereof consisting of the title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after publication.
PASSED BY the City Council and APPROVED by the Mayor this 18th day of February,
2020.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
Attest:
JLe
Wendy Van Der Meersche, City Clerk
Approved as to form:
Ste . ei _ e
City Attorney
ORDINANCE NO. 2020-002 18
CERTIFICATION OF ORDINANCE
1, Wendy Van Der Meersche, being the duly appointed and City Clerk of the City of
Arlington, Washington, a municipal corporation, do hereby certify that the following
Ordinance No. 2 was approved at the February 18, 2020 City Council meeting.
ORDINANCE NO. 2020-002
AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING AND REPEALING CERTAIN CRIMINAL CODE SECTIONS OF THE ARLINGTON
MUNICIPAL CODE TITLES 6, 8, 9 AND 10
A true and correct copy of the original ordinance is attached.
Dated this 19th day of February 2020.
Wendy VA Der Meersche
City Clerk for the City of Arlington