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A. Whenever the driver of a vehicle is arrested or cited for a violation of RCW 46.20.342, 46.20.345, 46.61.502 or 46.61.504, which sections have been adopted as a part of the City’s Model Traffic Ordinance pursuant to Chapter 308-330 WAC through Chapter 10.04 LMC, or subsequent amendments thereto, the vehicle may be subject to summary impoundment at the direction of a police officer.

B. If the vehicle was impounded because the driver was arrested for a violation of driving while license suspended (DWLS) in the third degree, as defined in RCW 46.20.342(1)(c), and the records of the Washington State Department of Licensing (DOL) show the driver has no prior convictions of RCW 46.20.342 or other similar local ordinance, the impounded vehicle may be released as soon as all requirements of LMC 10.28.030 and 10.28.050(A) are met.

C. If the vehicle was impounded because the driver was arrested for a violation of DWLS in the third degree, and the records of the DOL show that the driver has one or more prior convictions of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle may be impounded for 30 days.

D. If the vehicle was impounded because the driver was arrested for DWLS in the first or second degree, as defined in RCW 46.20.342(1)(a) or 46.20.342(1)(b), and the records of the DOL show that the driver has no prior convictions for a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle may be impounded for 30 days.

E. If the vehicle was impounded because the driver was arrested for DWLS in the first or second degree, as defined in RCW 46.20.342(1)(a) or 46.20.342(1)(b), and the records of the DOL show that the driver has one prior conviction for a violation of RCW 46.20.342(1)(a) or 46.20.342(1)(b) or similar local ordinance within the past five years, the vehicle may be impounded for 60 days.

F. If the vehicle was impounded because the driver was arrested for DWLS in the first or second degree, as defined in RCW 46.20.342(1)(a) or 46.20.342(1)(b), and the records of the DOL show that the driver has two or more prior convictions for a violation of RCW 46.20.342(1)(a) or 46.20.342(1)(b) or similar local ordinance within the past five years, the vehicle may be impounded for 90 days.

G. If the vehicle was impounded because the driver was arrested for a violation of RCW 46.20.345, the vehicle may be impounded for 30 days.

H. If the vehicle was impounded because the driver was arrested for a violation of RCW 46.61.502 or 46.61.504, driving under the influence or having physical control of a vehicle while under the influence, as adopted by the Model Traffic Ordinance in WAC 308-330-307 through LMC 10.04, the vehicle may be impounded for a period of 12 hours. The vehicle may be released after this 12-hour impound as soon as the requirements of LMC 10.28.030 and 10.28.050(A) are met.

I. When an arrest is made for a violation of RCW 46.20.342, if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle, before the summary impoundment directed under subsection A 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 was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection or under LMC 10.28.050.

J. A rental car business or a motor vehicle dealer or lender with a perfected security interest may immediately redeem a vehicle it owns that has been impounded pursuant to this section by payment of the costs of removal, towing and storage. Upon such payment the vehicle will not be held for the period of impoundment stated in this section. [Ord. 511 § 1, 2010; Ord. 316 § 1, 2003; Ord. 194 § 1, 1999.]