AN ACT Relating to public parking facilities; amending RCW 46.55.010 and 46.55.070; and adding new sections to chapter 46.55 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 46.55 RCW to read as follows:

The owner or operator of a public parking facility may not tow, remove, impound, prevent the removal of, block the exit passageways for, or otherwise disturb any motor vehicle that may be parked, stalled, or otherwise left at the parking facility, unless adequate parking charges have not been paid and each parking customer is provided a dated and timed receipt or ticket to verify the payment of parking fees or charges by the customer.

Sec. 2. Section 1, chapter 377, Laws of 1985 and RCW 46.55.010 are each amended to read as follows:

The definitions set forth in this section apply throughout this chapter:

(1) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in his possession for ninety-six consecutive hours.

(2) "Abandoned vehicle report" means the document prescribed by the state that the towing operator forwards to the department after a vehicle has become abandoned.

(3) "Commission" means the state commission on equipment established under RCW 46.37.005.

(4) "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds--public and private.

(a) "Public impound" means that the vehicle has been impounded at the direction of a law enforcement officer or other public official having jurisdiction over the public property upon which the vehicle was located.

(b) "Private impound" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located.

(5) "Junk vehicle" means a motor vehicle certified under RCW 46.55.230 as meeting all the following requirements:

(a) Is three years old or older;

(b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission;

(d) Is without a valid, current registration plate;

(e) Has a fair market value equal only to the value of the scrap in it.

(6) "Registered tow truck operator" or "operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles.

(7) "Residential property" means property that has no more than four living units located on it.

(8) "Tow truck" means a motor vehicle that is equipped for and used in the business of towing vehicles with equipment as approved by the commission.

(9) "Tow truck number" means the number issued by the department to tow trucks used by a registered tow truck operator in the state of Washington.

(10) "Tow truck permit" means the permit issued annually by the department that has the classification of service the tow truck may provide stamped upon it.

(11) "Tow truck service" means the transporting upon the public streets and highways of this state of unauthorized vehicles, together with personal effects and cargo, by a tow truck of a registered operator.

(12) "Unauthorized vehicle" means a vehicle that is subject to impoundment, except as provided in section 1 of this act, after being left unattended in one of the following public or private locations for the indicated period of time:

!tp3,1 !tcSubject!sc ,1to!sc ,1removal!sc ,1after:

!ix(a) Public locations:

!ix(i) Constituting a traffic hazard as

!sc ,3defined in RCW 46.61.565!w× !tlImmediately

!ix(ii) On a highway and tagged as

!sc ,3described in RCW 46.52.170 !w× !tl24 hours

!ix(iii) In a publicly owned or controlled

!sc ,3parking facility, properly posted

!sc ,3under RCW 46.55.070!w× !tlImmediately

!ix(b) Private locations:

!ix(i) On residential property!w× !tlImmediately

!ix(ii) On private, nonresidential property,

!sc ,3properly posted under RCW 46.55.070!w× !tlImmediately

!ix(iii) On private, nonresidential property,

!sc ,3not posted!w× !tl24 hours!te

!ix

(13) "Public parking facility" means a lot, structure, or other facility, whether publicly or privately owned, offering off-street parking for motor vehicles to the general public, where prepaid parking fees or charges are imposed on a daily or less than daily basis.

Sec. 3. Section 7, chapter 377, Laws of 1985 and RCW 46.55.070 are each amended to read as follows:

(1) No person may impound, tow, or otherwise disturb any motor vehicle standing on nonresidential private property ((~~or in a public parking facility~~)) for less than twenty-four hours unless a sign is posted near each entrance and on the property in a clearly conspicuous and visible location to all who park on such property that clearly indicates:

(a) The times a vehicle may be impounded as an unauthorized vehicle; and

(b) The name, telephone number, and address of the towing firm where the vehicle may be redeemed.

(2) The requirements of subsection (1) of this section do not apply to residential property. Any person having charge of such property may have an unauthorized vehicle impounded immediately upon giving written authorization.

(3) The requirements of subsection (1) of this section only apply to public parking facilities as provided in section 1 of this act.

(4) The department shall adopt rules relating to the size of the sign required by subsection (1) of this section, its lettering, placement, and the number required.

((~~(4)~~)) (5) This section applies to all new signs erected after July 1, 1986. All other signs must meet these requirements by July 1, 1989.

NEW SECTION. Sec. 4. A new section is added to chapter 46.55 RCW to read as follows:

Any motor vehicle that is prevented from being removed from a public parking facility is deemed to have been impounded.