HomeMy WebLinkAbout13 - MOTOR VEHICLES & TRAFFIC
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Chapter 13
MOTOR VEHICLES AND TRAFFIC*
Article I. In General
Sec. 13-1. Standard manual.
Sec. 13-2. Model traffic code.
Sec. 13-3. Certification of emissions control required.
See. 13-4. Incorrect registration of a motor vehicle.
Sec. 13-5. Prohibited areas for operation of motor vehicles.
Sec. 13-6. Safety standards and specifications.
Sec. 13-7. Reserved.
Sec. 13-8. Parking in alleys.
Sees. 13-9-13-20. Reserved.
Article II. Vehicle Emission Control
Sec. 13-21. Definitions.
Sec. 13~22. Violation and penalty.
Sec. 13-23, Enforcement by qualified observers.
Sec, 13-24. Misrepresentation.
Sec. 13-25. Diesel-powered engines.
See. 13-26. Gasoline-powered engines.
Sec. 13-27, Repair of vehicle.
Sees. 13-23-13-40. Reserved.
Article III. Abandoned Vehicles and Towing
Definitions.
Abandonment of motor vehicles.
Removal and impoundment.
Report of abandoned motor vehicle.
Appraisal of abandoned motor vehicles; sale.
Liens; perfection of foreclosure.
Proceeds of sale.
Authority to establish tow list and rules and regulations with
operator.
See. 13-49. Exemptions.
Sec. 13-50. Violations; penalty.
Sec. 13-51. Parking on city-owned property.
Sees. 13-52-13-60. Reserved.
See.
See.
Sec.
Sec.
Sec.
See.
Sec.
Sec.
13-4l.
13-42.
13-43.
13-44.
13-45.
13-46.
13-47.
13.48.
Sec. 13-6l.
Sec. 13-62.
Sec. 13.63.
Sec. 13-64.
Sec. 13-65.
Article rv:. Parking Permits in Restricted Areas
Parking permits authorized.
Description of restriction.
Restricted parking area defined.
Signs.
Permit application and fees,
>IoCr05S references-Towing vehicles, ~ 16-66; using certain equipment on vehicles, S 16~159; motor vehicles in parks generally,
i 17-36.
State law references-Home rule powers, Col. Canst. Art. XX, ~ 6; Uniform Safety Code of 1935, C.R.S. S 42-2-101 et seq.,
42-4-101 et seq.; general authority to regulate traffic, C,R.S. *9 42~4-108, 42-4-109.
Supp. No. 18
847
Supp. No. 18
Sec. 13,66.
Sec. 13-67.
Sec. 13-68.
Sec. 13-69.
WHEAT RIDGE CITY CODE
.
Removal of designation as restricted parking area.
Violation.
Penalty.
Permit cancellation.
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MOTOR VEHICLES AND TRAFFIC
~ 13.6
except a designated parking lot when used
for that purpose, unless such operation is
specifically permitted by written permis-
sion of the district superintendent of schools
or his designated representative.
(4) On any private property within the city
except private parking lots open to the
public, unless by specific written permis-
sion of the owner or designated represen-
tative of the owner of such property to the
individual operating the vehicle.
All written pennission from owner, city adminis-
trator or his designated representative specified
herein must be in the possession of the person
operating a motor vehicle in prohibited areas
during the time of such operation.
(Code 1977, ~ 12-6)
Sec. 13-6. Safety standards and specifica-
tions.
(a) Adopted. The "Rules and Regulations Gov-
erning the Safety Standards and Specifications of
All Commercial Vehicles," as promulgated by the
Colorado Department of Public Safety, and as the
same may be amended from time to time, are
hereby adopted. Copies of said rules and regula-
tions are available for inspection at the office of
the city clerk.
(b) Penalties. Any person, firm or corporation
violating any of the provisions of subsection (a) of
this section or Part 5 of the Model Traffic Code for
Colorado Municipalities, as amended, upon a plea
of guilty or no contest, or upon a conviction
thereof, shall be fined in a sum not to exceed nine
hundred ninety-nine dollars ($999.00) for each
violation. In the alternative, any person, firm or
corporation violating any of the provisions of
subsection (a) of this section or Part 5 of the
Model Traffic Code, as amended, may be fined a
penalty assessment fme of seventy-five dollars
($75.00) for each violation. Each and every day
which a violation is permitted to exist shall con-
stitute a separate and distinct offense. The pen-
alties herein shall not preclude the city from
initiating any other action to abate or prevent the
occurrence of any violation of the provisions spec-
ified in this section.
Supp. No. 18
(c) Immobilization. Police officers are hereby
authorized to immobilize, impound or otherwise
direct the disposition of commercial vehicles when
it is determined that the motor vehicle or opera-
tion thereof is unsafe and when such immobiliza-
tion, impoundment or disposition is appropriate
under the "Rules and Regulations Governing the
Safety Standards and Specifications of All Com-
mercial Vehicles," as promulgated by the Colo-
rado Department of Safety, and as the same may
be amended from time to time.
(d) Excess weight-Penalty assessment. Anyper-
son who pleads guilty or is convicted of violating
the weight limitations of either section 507 or
section 508 of the Model Traffic Code, as amended,
shall be subject to the penalties of subsection (b)
of this section and for each axle and/or gross
weight violation an additional penalty assess-
ment fme according to the following schedule:
Excess Weight
in Pounds
Penalty Assessment
Fine Amount
1 to 3,000
3,001 to 4,250
4,251 to 4,500
4,501 to 4,750
4,751 to 5,000
5,001 to 5,250
5,251 to 5,500
5,501 to 5,750
5,751 to 6,000
6,001 to 6,250
6,251 to 6,500
6,501 to 6,750
6,751 to 7,000
7,001 to 7,250
7,251 to 7,500
7,501 to 7,750
7,751 to 8,000
8,001 to 8,250
8,251 to 8,500
8,501 to 8,750
8,751 fo 9,000
9,001 to 9,250
9,251 to 9,500
9,501 to 9,750
9,751 to 10,000
10,001 to 10,250
10,251 to 10,500
$ 50.00
65.00
80.00
95.00
110.00
125.00
140.00
155.00
170.00
185.00
210.00
235.00
260.00
285.00
325.00
365.00
405.00
445.00
495.00
545.00
595.00
645.00
705.00
765.00
825.00
885.00
920.00
857
~ 13-6
WHEAT RIDGE CITTCODE
Excess Weight
in Pounds
Penalty Assessment
Fine Amount
10,501 to 10,750
10,751 to 11,000
11,001 and over
955.00
990:00
999.00
(Ord. No. 1990-842, ~ 3, 9-24-90; Ord. No. 1996-
1063,_~ 1, 1-13-97)
Sec_ 13-7. Reserved.
Editor's note-Section 2 of Ord. No. 1996-1032, adopted
June 24, 1996, repealed ~ 13-7, which pertained to driving
through private property or driveways, and derived from Ord.
No. 1991-879, ~ 1, adopted Oct. 14, 1991.
Sec_ 13-S.uParking in alleys.
(a) No person shall park a vehicle within an
alley except during the necessary and expeditious
loading and unloading of merchandise or freight.
(b) No person shall stop, stand or park a vehi-
cle within an alley in such a position as to block
the driveway entrance to any abutting property.
(c) A violation of this section constitutes a
traffic infraction the violation of which is subject
to the provisions and penalties of section 1701 of
the 1995 edition of the Model Traffic Code as
amended.
(Ord. No. 1996-1063, ~ 2, 1-13-97)
Secs. 13-9-13-20. Reserved.
ARTICLE II. VEmCLE EMISSION
CONTROL
Sec. 13-21. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Air contaminant (pollutant) shall mean any
fume, odor, smoke, particulate matter, vapor, gas
or any combination thereof, but not including
water, vapor or steam condensate.
Chief of police shall mean the chief of police of
the city's police department, or his designee.
Supp. No. 18
Cold engine start up shall mean initial start up
of an engine until it reaches normal operating
temperature as suggested by manufacturer's spec-
ifications.
Emission shall mean the discharge or release
of one (1) or more air contaminants into the
atmosphere.
Emit shall mean to discharge, release, or to
permit or cause the discharge or release of one (1)
or more air contaminants into the atmosphere.
Engine shall mean any internal combustion
machine such as found in motor vehicles, aircraft,
watercraft, locomotives, and stationary power units
which utilizes gas or liquid fuel for combustion
energy.
Licensed repair garage shall mean an inspec-
tion and readjustment station as defined by sec-
tion 42-4-307, C.R.S.
Opacity shall mean the degree to which an air
contaminant emission obscures the view of a
trained observer, expressed in percentage of the
obscuration, or the degree (percentage) to which
transmittance of light is reduced by an air con-
taminant emission.
Owner shall mean the person or entity who
holds or possesses title to any vehicle or other
means of transportation, conveyance or machine
whose engine is emitting air contaminants as
described herein.
Qualified observer shall mean a person who is
certified by the state department of health to be
trained in the area of odor ancl/or opacity identi-.
fication of air pollutants.
Vehicle shall mean any device which is capable
of moving itself, or of being moved, from place to
place upon wheels and which contains an engine.
(Code 1977, ~ 12-10)
Sec. 13-22. Violation and penalty.
Any person owning ancl/or operating a vehicle
not in compliance with the provisions of this
article shall be guilty of a misdemeanor and, upon
conviction thereof, shall be subject to a penalty
not to exceed five hundred dollars ($500.00). Sep-
arate incidents shall constitute separate viola-
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MOTOR VEHICLES AND TRAFFIC
~ 13-26
tions, which may be separately and individually
punished, except no such incident shall constitute
a separate violation if said subsequent incident
occurs within the time period described in section
13-27 hereof. Authority is expressly provided to
the judge of the municipal court to reduce or to
suspend all or any part of fmes in the event that
the person charged with the violation provides
proof to the court that the vehicle which emitted
the pollutant resulting in the violation has been
repaired as provided in section 13-27 hereof.
(Code 1977, g 12-16)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 13-23. Enforcement by qualified observ-
ers.
The provisions of this article shall be enforced
by qualified observers, who are defined as persons
certified by the state department of health to be
trained in the area of odor and/or opacity identi-
fication of air pollutants. Any such qualified ob-
server may exercise his discretion and issue a
warning rather than a summons. Any warning so
issued shall notify the individual of the nature of
the violation and recommend that the cause of the
violation be remedied as soon as possible. No
other person may stop a vehicle for a violation of
this article, or make an arrest for a violation of
this article, unless such person is so empowered
bylaw.
(Code 1977, g 12-15)
Sec_ 13-24. Misrepresentation.
(a) It shall be unlawful for any person to
misrepresent or give any false or inaccurate in-
formation or in any other way attempt to deceive
a licensed repair garage or the qualified observer
in order to avoid compliance with the provisions
of this article.
(b) It shall be unlawful for any licensed repair
garage or its agents to misrepresent any fact,
falsely certify any repair or in any other way
attempt to mislead the qualified observer into
believing that air pollution standards are being
met.
(Code 1977, g 12-14)
Supp. No. 18
Sec. 13-25. Diesel-powered engines.
No person shall cause to be emitted into the
atmosphere from any vehicle with a diesel-
powered engine any visible emission for a period
greater than ten (10) consecutive seconds, which
is of forty (40) percent opacity, or greater. Such
emissions that are a direct result of cold engine
startup to reach a normal operating temperature
shall be exempt. Regardless of who is operating a
vehicle at the time of violation of this article, it is
the legal responsibility of the owner thereof to
provide for compliance with the provisions of this
article. Any summons issued for violation of this
section shall likewise be issued to the owner of the
vehicle.
(Code 1977, g 12-11)
Sec. 13-26. Gasoline-powered engines.
No person shall cause to be emitted into the
atmosphere from any vehicle with a gasoline-
powered engine any visible emission. Such emis-
sions that are a direct result of cold engine
startup to reach a normal operating temperature
shall be exempt. Regardless of who is operating a
vehicle at the time of violation of this article, it is
the legal responsibility of the owner thereof to
provide for compliance with the provisions of this
article. Any summons issued for violation of this
[The next page is 863 J
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MOTOR VEHICLES AND TRAFFIC
~ 13-1
ARTICLE I. IN GENERAL
Sec. 13-1. Standard manual.
(a) Adopted. The city does hereby adopt, by
reference, the most recent edition of the "Manual
on Uniform Traffic Control Devices for Streets
and Highways," and other related standards is-
sued or endorsed by the federal highway admin-
istrator, except as specifically amended hereby.
Copies of such manual shall be available from the
department of public works, which shall maintain
in its offices no less than three (3) current copies,
any of which may be purchased by members of the
general public for a price to be established by the
department of public works.
(b) Amendments. The provisions relating to war-
rants for stop signs and/or traffic-control devices
which are listed in the traffic manual adopted in
subsection (a) hereof specified in the preceding
section are hereby amended by the adoption of the
following standards which shall be applicable to
all streets and highways within the city, with the
city council specifically acknowledging that Stan-
dard No.5 set forth herein is applicable solely to
local streets, being defined as streets which are
not state highways or county highways:
(1) Intersection of a less important road with a
main road where application of the normal
right-of-way rule is unduly hazardous:
This warrant indicated that stop signs
should only be placed at intersections that
either have high accident rates or where
sight distance problems indicate a high
potential for accidents. An existing high
accident rate would be a location where
three (3) or more accidents have occurred
during a twelve-month period of the type
susceptible to correction by the installation
of a stop sign, each accident involving a
personal injury or property damage greater
than one hundred dollars ($100.00) aggre-
gate total. A location with a high potential
"for accidents will be determined based upon
Figure 2-5a and Figure 2-5b of the "Traffic
Control Service Handbook" and the proce-
dure therein listed.
Supp. No. 17
(2) Street entering a through highway or street:
This warrant is applicable where a local
street enters a higher volume collector or
arterial street. Traffic volume on the through
street would be greater than five thousand
(5,000) average annual daily traffic.
(3) Unsignalized intersection in a signalized
area:
This warrant refers to streets which have
frequent signals (four (4) per mile or more).
This is primarily intended to assure smooth
traffic flow through coordinated traffic sig-
nal systems.
(4) Other intersections where a combination of
high speed restricted view, and serious
accident record indicates the need for con-
trol by the stop sign:
This warrant covers areas which do not
meet the other warrants, yet exhibit seri-
ous accident records (personal injury and/or
fatalities) which may be correctable by the
installation of a stop sigu.
(5) Other intersections on local streets (being
defined as streets which are not state high-
ways or streets maintained by the state or
county) where the reasonable possibility or
potential for accident exists and indicates
the need for control by the stop sign or
traffic-control signal devices:
For the purposes of this section, the
phrase "reasonable possibility or potential
for accident" shall be determined by a con-
sideration of pedestrian safety, sight dis-
tance, speed and neighborhood safety con-
siderations. This warrant covers areas which
do not meet other warrants yet exhibit the
reasonable possibility or potential for acci-
dent, based upon the factors described above,
which may be correctable by the installa-
tion of a signal.
(c) Review for compliance; requests for place-
ment or removal; appeals. All traffic regulatory
signs and control devices shall be reviewed by the
director of public works or his designee for com-
pliance with the warrants stated in subsection (b)
above. Any requests for placement or removal of
regulatory signs (being defined as stop or yield
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~ 13-1
WHEAT RIDGE CITY CODE
signs) shall be completed by any person request-
ing review, and review shall be made by the public
works director, or his designee, indicating what
criteria or warrants as specified above have been
met, or not met, which review shall contain a
recommended action to be taken. All such recom-
mendations shall be submitted to the street com-
mittee of the city council, which shall review and
discuss the recommendation. Any person ag-
grieved by the decision ofthe city council's street
committee to approve or disapprove said recom-
mendation may appeal such decision to the city
council for the purpose of obtaining a final deci-
sion from the city council. It is expressly stated
herein that the appeal process shall relate only to
Warrant No. (5) specified in subsection (b).
(Code 1977, ~~ 20-35-20-37)
Charter reference-Adoption by reference, S 5.16.
State law reference-Adoption by reference. C.R.S. S
31-16-201 et seq.
Sec. 13-2. Model Traffic Code.
(a) Adopted. Pursuant to Title 31, Article 16,
Parts 1 and 2, C.R.S., there is hereby adopted by
reference Articles I and II, inclusive, of the 1995
edition of the Model Traffic Code for Colorado
Municipalities, promulgated and published as such
by the Colorado Department of Transportation,
Staff Traffic and Safety Projects Branch, 4201
East Arkansas Avenue, Denver, Colorado 80222.
The subject matter of the Model Traffic Code
relates primarily to comprehensive traffic control
regulations for the city. The purpose ofthis article
and the code adopted herein is to provide a system
of traffic regulations consistent with state law
and generally confonuing to similar regulations
throughout the state and the nation. Three (3)
copies of the Model Traffic Code adopted herein
are filed in the office of the city clerk and may be
inspected during regular business hours. The
1995 edition of the Model Traffic Code is adopted
as if set put at length, with amendments as set
forth herein.
(b) Amendments. The 1995 Model Traffic Code
is subject to the following additions or modifica-
tions:
(1) Section 501, concerning the penalty for size
and weight violations, is hereby amended
to read as follows:
"501. Size and weight violations.
Supp. No. 17
"(1) Except as provided in this Part 5, it is a
traffic iJ:rl':raction for any person to drive or move
or for the owner to cause or knowingly penuit to
be driven or moved on any street or highway .
within the city any vehicle or vehicles of a size
or weight exceeding the limitations set forth in
this Part 5.
"(2) The provisions of subsection (1) of this
section 501 s!1all not apply to fire apparatus,
mobile machinery, self-propelled construction
equipment, or to implements of husbandry tem-
porarily moved upon a city-maintained street
or to a vehicle operated under the tenus of a
special penuit issued pursuant to section 510 of
the Model Traffic Code."
(2) Subsection 507(3), concerning wheel and
axle loads of self-compactor vehicles, is
hereby amended to read as follows:
"(3) Vehicles equipped with a self-compactor
and used solely for the transportation of trash
are exempted from the provisions of paragraph
(b) of subsection (2) of this sectiol\ only when
such vehicles are travelling on a state-main-
tained secondary state highway within city
limits."
(3) Section 509, el\titled ''Vehicles weighed-
Excess removed," is hereby amended by the .
addition of a new subsection (4), which
subsection shall read as- follows:
"(4) In the event that a police officer or other
city employee must take any action in shifting
or removing any portion of an excess load, the
driver and/or owner of such vehicle shall reim-
burse the city for the officer's or employee's
efforts in removing or shifting such load at the
rate of one hundred dollars ($100.00) per hour
or a minimum of one hundred dollars ($100.00)
for any efforts- lasting less than one (1) hour."
(4) Subsections (a) through (f}ofSection.ll01(2)
of the Model Traffic Code, concerning speed
limits, are hereby repealed and a new Sub-
section (a) is added to read as follows:
"(a) TwentY-flve (25) miles per hoqr on all
streets within the City of Wh",,,t ~idge boul\d-
aries unless otherwise posted."
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MOTOR VEHICLES AND TRAFFIC
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(5) Subsection (4) of Section 1101 of the Model
Traffic Code, concerning speed limits, is
hereby repealed and a new subsection (4) is
added to read as follows:
"(4) The speed limits specified in subsection
(2) hereof shall be considered maximum lawful
speed limits and not prima facie speed limits."
(6) Section 1203, concerning parking, is hereby
amended by the addition of the following
language:
"1203. Parking of major vehicles.
"(1) It shall be unlawful for any person to
park or store, or allow the parking or storing of,
a major vehicle upon any dedicated public street
or road, or private drive, street or road, or
public right-of-way or easement or park within
the City of Wheat Ridge, except as hereinafter
specified.
"(2) For the purposes of this section 1203,
'major vehicle' is defined as any vehicle:
"(a) Eight (8) feet or more in width, and/or
"(b) Twenty-five (25) feet or more in length,
or
"(c) Regardless of size, a truck tractor or
semi -trailer, or
"(d) Any vehicle licensed in the State of
Colorado, or required to be licensed by
the Colorado Department of Motor Ve-
hicles in Colorado, or, if not a Colorado
vehicle, which would otherwise be re-
quired to be licensed by the Depart-
ment of Motor Vehicles in Colorado
under any of the categories COMM,
GTM, Metro, apportioned, or farm.
"(3) Notwithstanding the foregoing provi-
sions, the following exceptions apply to the
provisions of this section 1203:
"(a) Any major vehicle in immediate and
active use, or in the process of actively
being loaded or unloaded;
"(b) Fire trucks, ambulances, emergency
rescue vehicles, tow trucks, and other
emergency vehicles in use;
"(c) Passenger buses or vehicles owned or
operated by regulated or governmental
Supp. No. 17
or quasi-governmental corporations or
entities or agencies or public or private
schools and/or churches; provided, that
said buses or vehicles are parked on
the property owned by the governmen-
tal or quasi-governmental corporation
or entity or agency, or church or school;
"(d) Motor homes or recreational vehicles if
parked or stored upon the property of
the owner, or if said vehicles are owned
by one other than the property owner
where parked, if said motor vehicles or
recreational vehicles are stored or
parked on said private property with
the knowledge and consent of the prop-
erty owner; provided that no more than
two (2) such vehicles are stored on any
such lot or parcel at anyone (1) time,
and said vehicle is parked six (6) feet
or more inside the front property line;
except that, for the purpose of allowing
the loading or unloading of any motor
home or recreational vehicle, such mo-
tor home or recreational vehicle may
be lawfully parked on a public street
directly in front of the property of the
owner of the vehicle, or directly in
front of the property of the person or
persons being visited by the owner or
operator of the vehicle, for a maximum
period of seventy-two (72) hours, no
more frequently than once in each two-
week period;
"(e) Passenger or other vans or pickup
trucks bearing COMM, Metro, or farm
license plates if the vehicle in question
is used by the owner as a personal
transportation vehicle when the same
is not being utilized for business or
commercial purposes;
"(D Any major vehicle parked in or upon
property upon which a special use per-
mit is granted authorizing the parking
of commercial semitrailers and trailers
pursuant to the zoning ordinance;
"(g) Any equipment, implements, machin-
ery, and/or large trucks, trailers and/or
semi-tractor trailers authorized pursu-
ant to the zoning ordinance;
851
~ 13-2
WHEAT RIDGE CITY CODE
"(h) Any maj or vehicle parked or stored
upon property wherein the use or stor-
age of said major vehicle is related to
the transportation needs of the busi-
ness conducted on such property;
"(i) No provision of section 1203 of this
code shall apply upon state highways
within this municipality.
"(4) Enforcement. Notwithstanding any other
provisions of this Model Traffic Code or of the
Wheat Ridge City Code, any major vehicle as
defined herein which is parked or stored in
violation of the provisions of section 1203 ofthis
code shall be subject to being towed and stored,
at the owner's sole expense, by a towing con-
tractor selected by the chief of police of the City
of Wheat Ridge. The towing of illegally parked
vehicles is necessary to eusure traffic and pe-
destrian safety by removing the view impedi-
ment created by the illegally parked major
vehicles. In addition to the right to tow said
illegally parked major vehicles, authority is
granted to impose administrative charges upon
the owner or operator of said illegally parked
vehicle, or the owner of property allowing or
permitting such illegal parking, subject to the
following requirements:
"(a) 'Ib defray the cost of enforcement of
this provision, a charge of fifty dollars
($50.00) shall be imposed for the first
offense, one hundred dollars ($100.00)
for the second offense, two hundred
dollars ($200.00) for the third offense,
and three hundred dollars ($300.00)
for the fourth or subsequent offenses;
"(b) Any person subjected to said adminis-
trative charges who objects thereto shall
be entitled to either:
"1. Request a hearing before the mu-
nicipal court referee appointed pur-
suant to section 14-10 of the Wheat
Ridge Code of Laws, which hear-
ing shall be held no less than sev-
enty-two (72) hours after the mak-
ing of said request; or
"2. Have a summons and complaint
issued directing such person to
appear in the Wheat Ridge Munic-
Supp. No. 17
ipal Court to answer charges of
violating section 1203 of this code.
If found guilty in the Wheat Ridge
Municipal Court of such charges
or if a guilty plea is entered, the
court shall impose fines as speci-
fied in subsection 1203( 4)(a) herein.
"(c) No vehicle shall be released from stor-
age after towing unless and until all
towing and storage charges have been
paid, and all administrative charges
specified in this section 1203 have been
paid, or evidence is presented by the
Wheat Ridge Police Department in the
municipal court that the rights granted
under section 1203(4)(b)(2) ofthis code
have been invoked. In the event any
towing is found to be improper all costs
for towing and storage shall be reim-
bursed by the city to the owner."
(7) Section 1204, concerning stopping, stand-
ing or parking in specified places, shall be
modified by the addition of subsection
1204(1)(1) to read as follows:
"(1) Within designated and marked emer-
gency access lanes so as to obstruct such access
lanes anywhere within the municipality of the
City of Wheat Ridge, whether upon public or
private property, except emergency vehicles (i.e.,
police cars, fire department vehicles, ambu-
lances, EMT vehicles, etc.) during the answer-
ing of an emergency call."
(8) Section 1208, concerning parking privi-
leges for persons with disabilities, is hereby
amended by deleting Subsection (7) and
amending the language of subsections (5)
and (6) to read as follows:
"(5) No person shall stop, stand or park a
vehicle, except when necessary to avoid conflict
with other traffic or in compliance with direc-
tions of a police officer, in a zone that is desig-
nated as a handicapped parking area in a
manner which obstructs or may obstruct the
use of the designated handicapped parking area
by a vehicle with distinguishing license plates
or by a vehicle with an identifYing placard
indicating that the occupant of said vehicle is a
person with a disability as defined herein un-
852
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MOTOR VEffiCLES AND TRAFFIC
~ 13-2
less the vehicle has a distinguishing license
plate or an identifying placard indicating that
the occupant of said vehicle is a person with a
disability.
"(6) Any person convicted of violating any
provision of this section commits a traffic in-
fraction and is subject to the following penal-
ties: Afine of not less than fifty dollars ($50.00),
nor more than three hundred dollars ($300.00).
In enforcing this section of this code, the mu-
nicipal court shall not have the authority to
suspend all or any part of any fine for violation
hereof so as to result in a fine of less than fifty
dollars ($50.00), it being the intent of the city
council of the City of Wheat Ridge that this
section of the code be strictly and diligently
enforced so as to provide adequate parking for
persons with disabilities free from interference
by those not so disabled."
(9) Section 1407 of the Model Traffic Code,
concerning spilling loads on highways is
amended to read as follows:
"1407. Spilling loads on streets or highways
prohibited.
"(1) No vehicle shall be driven or moved on
any street or highway unless such vehicle is
constructed or loaded or the load thereof se-
curely covered to prevent any of its load from
dropping, sifting, leaking or otherwise escap-
ing therefrom; except that sand may be dropped
for the purpose of securing traction, or water or
other. substance may be sprinkled on a road-
way in cleaning or maintaining such roadway.
"(2) Violation of this section constitutes a
traffic infraction. In the event that a vehicle
unlawfully spills its load on public property,
the driver and/or owner of such vehicle shall be
liable to the city for any damages caused by
such spill. In addition, if city employees must
take any action in removal or mitigation of
such a spill, the driver and/or owner shall also
reimburse the city or its employees' removal or
mitigation efforts at the rate of one hundred
dollars ($100.00) for any response lasting less
than one (1) hour."
Supp. No. 22
(10) Section 1410 shall be modified by the
addition of the following language:
"1410. Driving within bike lanes.
"(1) It shall be unlawful for the driver of any
motor vehicle to drive such vehicle within the
boundaries of posted bicycle pathways except
under the following conditions:
"(a) As may be necessary to execute an
otherwise lawful turn; or
"(b) As may be necessary in an emer-
gency or in compliance with direc-
tions of a police officer.
"(2) A driver of any motor vehicle who shall
drive his vehicle into a bicycle pathway in
accordance with one (1) of the exceptions pro-
vided above in subsection (1) shall operate his
motor vehicle with such degree of skill and care
as is necessary to avoid colliding with any
person or object within the bicycle pathway."
(11) Part 14, concerning other offenses, is
hereby amended by the addition of a new
section 1415, which section shall read as
follows:
"1415. Driving through private property or
driveways.
"(1) It is unlawful for any person to drive
from a public street or public way of this city
over, across or through any private driveway to
avoid traffic-control signals, stop signs or other
traffic-control devices or as a route or shortcut
from one (1) public street or public way to
another.
"(2) As used in subsection (1) of this section,
'private property' includes, but is not limited
to, any property not dedicated as a public street
or public way, alley, right-of-way or easement.
"(3) It shall be an affirmative defense to a
charge of violating subsection (1) that the per-
son charged is the owner of or has a leasehold
interest in or an easement on or the right to the
possession or use of the property or driveway
through or across which the motor vehicle is
driven.11
853
* 13-2
WHEAT RIDGE CITY CODE
(12) Section 1701 of the Model Traffic Code,
concerning the classification of traffic of-
fenses and schedule of fines, is hereby
amended to read as follows:
"(1) Except as set forth herein, it is a traffic
infraction for any person to violate any of the
provisions ofthis code. Such a traffic infraction
shall constitute a civil matter. The Colorado
Rules of Municipal Procedure shall apply to
traffic infraction proceedings, except that no
warrant for arrest shall be issued for the
defendant's failure to appear when the only
violation charged would constitute a noncrim-
inal traffic infraction and the defendant's driver's
license is issued by the State of Colorado or any
other state which participates in the Interstate
Nonresident Violator Compact, as codified at
C.R.S. S 24-60-2101. Instead, the court may
enter a judgment of liability by default against
the defendant for failure to appear, assess any
penalty and costs established by law and report
the judgment to the appropriate state motor
vehicle department which may assess points
against the defendant's driver's license and
may take appropriate action to ensure that the
judgment is satisfied. There is no right to a
trial by jury for any noncriminal traffic infrac-
tion.
"(2) The following violations constitute crim-
inal traffic offenses:
"(a) A violation of section 1101 involving
driving twenty-five (25) or more miles
in excess of the lawful speed limit.
"(b) A violation of section 1101(8)(a) in-
volving driving twenty-five (25) miles
or more in excess of the speed limit
on any interstate highway.
"(c) Violations of sections 1105 (speed
contests), 1401 (reckless driving),
1402 (careless driving), 1409 (failure
to show compulsory insurance), 1413
(eluding a police officer), 1703 (aid-
ing and abetting a traffic offense)
and 1903 (failing to stop for a school
bus) of the Model Traffic Code, as
amended.
Supp. No. 22
"(3) Traffic infractions as provided in this
code shall be subject to the following penalties:
"Minimum Penalty Maximum Penalty
"Fine of $25.00 Fine of $1,000.00
"Court costs as authorized by state law
shall be added to the fine.
"(4) Criminal traffic offenses as pro-
vided in this code shall be subject to the
following penalties:
"Minimum
Sentence
Maximum Sentence
"1 day imprison- 1 year imprisonment or
ment or a fine of a fine of $1,000.00, or
$10.00, or both both
"Court costs as authorized by state law shall be
added to the fine."
(13) Section 1709 of the Model Traffic Code,
concerning penalty assessment notices, is
amended by the addition of new subsec-
tions (6) arid (7), which subsections shall
read as follows:
"(6) Payment of a penalty assessment notice
by the person to whom the notice is tendered
shall constitute an acknowledgment of guilt by
such person of his or her violation of the offense
stated in such notice.
"(7) Payment of the prescribed fine shall be
deemed a complete satisfaction for the viola-
tion, and the city, upon accepting the pre-
scribed fine, shall issue a receipt to the violator
acknowledging payment thereof if requested.
Checks tendered and accepted and on which
payment is received shall be deemed sufficient
receipt."
(14) Part 14, concerning other offenses, is
hereby amended by the addition of a new
section 1416, which section shall read as
follows:
"1416. Traffic Violations Committed in Certain
Zones
"(1) Any person who commits a moving traf-
fic violation in a school, maintenance, repair, or
construction zone, which zone has been marked
or posted as such, is subject to double the
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MOTOR VEHICLES AND TRAFFIC
~ 13-3
amount of penalty and surcharge imposed. For
the purposes of this section, "school zone" means
an area that is designated as a school zone with
signs posted on the public right-of-way. If the
penalty and surcharge has been doubled be-
cause a violation occurred within a highway
maintenance, repair, or construction zone which
was also a designated school zone, the penalty
and surcharge shall not be doubled twice."
(c) Purpose; rules of interpretation. This sec-
tion shall be so interpreted and construed as to
effectuate its general purpose tn make uniform
the local traffic regulations contained herein. The
purpose of this section and the code adopted
herein is to provide a system of traffic regulations
consistent with state law and generally conform-
ing to similar regulations throughout the state
and nation. Article and section headings of this
section and adopted Model Traffic Code shall not
be deemed tn govern, limit, .modify or in aIlY
manner affect the scope, meaning or extent of the
provisions of any article or section thereof.
(d) Application. ';!'he provisions of the adopted
Model Traffic Code, as amended, shall apply to
every street, alley, sidewalk area, driveway, park,
and to every other public way or public parking
area, either within or outside the corporate limits
of this city, the use of which this city has jurisdic-
tion and authority to regulate. The provisions of
sections 606, 1204, 1208, 1211, 1401, 1402, 1409
and 1413, of the adopted Model Traffic Code,
respectively, concerning unauthorized devices, park-
ing, parking for persons with disabilities, limita-
tions on backing, reckless driving, careless driv-
ing, failing tn show compulsory insurance and
eluding an officer shall apply not only tn public
places and ways, but also throughout this city.
(e) Penalties. Except as otherwise provided in
sections 13-6(b) and (d), any person convicted of
any violation of the provisions of this chapter
shall be subject to penalties as set forth in section
1701 of the Model Traffic Code, as amended.
(Code 1977, gg 12-1-12-5; Ord. No. 1989-793, g 1,
5-8-89; Ord. No. 1989-810,~ 2, 10-9-89; Ord. No_
1990-842, gg 1,2,9'24-90; Ord. No. 1991-857, g 1,
2-7-91; Ord. No. 1994-965, g 1,6-27-94; Ord. No.
1995-1001, g 1, 5-8-95; Ord. No. 1996-1032, g 1,
6-26-96; Ord. No. 1998-1120, g 8, 6-8-98; Ord. No.
1998-1130, gg 1, 2, 9-14-98)
Charter reference-Adoption by reference, ~ 5-16.
State law reference-Adoption by reference authorized,
C.R.S. ~ 31-16-201 et seq.
Supp. No. 22
Sec. 13-3. Certification of emissions control
required.
(a) It shall be unlawful for any person tn drive,
stop, park, or for the owner or a person in charge
of a vehicle tn cause or knowingly permit to be
driven, stopped or parked on any street or high-
way within the city, any vehicle which is required
under the laws of the state to be inspected pursu-
ant to the automobile inspection and readjust-
ment program, established pursuant to C.RS_ g~
42-4-306.5 to 42-4-316, or as same may be amended
from time to time, unless such vehicle has been
inspected at an authorized inspection station and
has attached thereto in proper position a valid
and unexpired certification of emissions control
as required by the laws of the state.
(b) In any prosecution for an alleged violation
of any ofthe provisions of this section, proof that
the vehicle described in the complaint was driven,
parked or stopped in violation of this section,
tngether with proof that the defendant named in
the complaint was, at the time of such driving,
stnpping, or parking, a registered owner of the
vehicle, shall constitute prima facie evidence that
the defendant was the person who drove, parked,
stnpped, or knowingly permitted to be driven,
stnpped, or parked, such vehicle at the place
where, and for the time which such violation
occurred.
(c) Any person who violates any provisions of
this section is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of
not less than twenty-five dollars ($25.00) or more
than three hundred dollars ($300.00).
(d) Any law enforcement officer observing a
vehicle in the city which is in apparent violation
of this section, may place upon such vehicle, or
serve upon the owner or operator of any such
vehicle:
(1) A summons and complaint; or
(2) A penalty assessment notice indicating
the offense and directing the owner or
operator of such vehicle to either remit a
penalty assessment of twenty-five dollars
($25.00) tn the city or to appear at the
municipal court violations bureau within
855
~ 13-3
WHEAT RlDGE C1TY CODE
seven (7) days of the date of issuance of
the penalty assessment notice to begin
proceedings to protest the charge.
(Code 1977, ~ 12-7)
Sec. 13-4. Incorrect registration of a motor
vehicle.
(a) Definitions. In this section:
(1) City treasurer shall mean the elected trea-
surer of the city or his designee.
(2) Penalty assessment notice means the writ-
ten notice of the city treasurer's determi-
nation that a violation of C.R.S. ~ 42-6-
137(2), has occurred and assessment and
demand for the payment of the civil pen-
alty provided for in subsection (3) of this
section.
(3) Notice of deficiency means the notice is-
sued by the city treasurer pursuant to
section 22-43 of this Code for failure,
neglect or refusal to pay any sales or use
tax due or any penalties or interest thereon.
(b) Registration in violation of state law pro-
hibited. No person shall register a motor vehicle
in violation of the provisions of C.R.S_ ~ 42-6-
137(2).
(c) Penalty; procedure for assessment. Aperson
who registers a motor vehicle in violation of the
provisions of C.R.S. section 42-6-137(2), shall be
subject to a five hundred dollar ($500.00) civil
penalty pursuant to the authority granted in
C.R.S. ~ 42-6-137(4). The procedure for the assess-
ment of such civil penalty shall be as follows:
(1) When the city treasurer determines on
such information as is available that a
person has registered a motor vehicle in
violation of the provisions of C.R.S. .~
42-6-137(2), the city treasurer shall pro-
vide to such person a penalty assessment
notice. Ifthe city treasurer also has deter-
mined pursuant to section 22-43 of this
Code that sales or use tax as is due to the
city on such motor vehicle, such penalty
assessment notice shall be included in the
notice of deficiency.
Supp. No. 22
(2) Such person shall pay such civil penalty
within the same time period provided
pursuant to section 22-43 for payment of
-any amounts due pursuant to the notice of
deficiency, unless such person files a writ-
ten protest pursuant to paragraph (3) of
this subsection.
(3) If such person desires to protest the pen-
alty assessment notice, such person shall
file a written protest with. tlie city trea-
surer within the time period provided
pursuant to section 22-43 for protesting a
notice of deficiency. The protest shall set
forth the facts which show that a violation
of C.R.S. ~ 42-6-137(2), did not occur. The
city treasurer shall issue a written deci-
sion affirming or withdrawing such pen-
alty assessment notice within the same
time period and in the same manner as
provided pursuant to section 22-43 on a
protest on a notice of deficiency. If the
decision affirms the p<:,nalty assessment
notice, such persons shall pay such civil
penalty within the time period provided
for payment of a final assessment pursu-
ant to section 22-43_
(4) Such person may seek judicial review of
the city treasurer's decision pursuant to
C.R.C.P. 106(a)(4). No such judicial re-
view shall be available if a written protest
was not timely flled in the manner pro-
vided for in paragraph (3) above.
(5) The city treasurer may enforce collection
of the civil penalty provided for in this
subsection (c) in the manner provided in
section 22-43 of the Wheat Ridge City
Code for the collection of unpaid sales or
use taxes, penalties or interest.
(d) Violation and penalty. Any person violating
any of the provisions of this section shall be
suQject, upon conviction of said violation, to a fine
not to exceed nine hundred ninety-nine dollars
($999.00). In addition, nothing in this section
shall be deemed to preclude the collection of any
tax or fee or penalties or interest thereon pro-
vided by law, or the imposition of any other civil or
criminal penalty provided by law. Authority is
856
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MOTOR VEHICLES AND TRAFFIC
~ 13-5
specifically granted to the court to impose both a
criminal fine and a civil penalty for violation of
the provisions hereof.
(Code 1977, ~~ 12-8, 12-9)
Sec. 13-5. Prohibited areas for operation of
motor vehicles.
(a) Definitions. As used in this section, the
term "motor vehicle" shall mean any self-pro-
pelled vehicle which is capable of moving from
place to place on wheels and which is designed to
transport persons and property.
(b) Restriction. It shall be unlawful for any
person to operate a motor vehicle in any of the
following places without first obtaining the per-
mission or authorization hereinafter required:
(1) On any property owned by the city, except
public rights-of-way and parking lots, un-
less such property is specifically posted
for such operation.
(2) Upon or within any city park property or
other recreational facility within the city,
except in an area specifically posted for
such use, or except when such operation is
specifically permitted by written permis-
sion of the city administrator or his des-
ignated representative.
(3) On any property owned by a school dis-
trict or any public school grounds or cam-
pus
Supp. N Q. 22
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MOTOR VEHICLES AND TRAFFIC
~ 13-6
except a designated parking lot when used
for that purpose, unless such operation is
specifically permitted by written permis-
sion of the district superintendent of schools
or his designated representative.
(4) On any private property within the city
except private parking lots open to the
public, unless by specific written permis-
sion of the owner or designated represen-
tative of the owner of such property to the
individual operating the vehicle.
All written permission from owner, city adminis-
trator or his designated representative specified
herein must be in the possession of the person
operating a motor vehicle in prohibited areas
during the time of such operation.
(Code 1977, ~ 12-6)
Sec. 13-6_ Safety standards and specifica-
tions.
(a) Adopted. The "Rules and Regulations Gov-
erning the Safety Standards and Specifications of
AH Commercial Vehicles," as promulgated by the
Colorado Department of Public Safety, and as the
same may be amended from time to time, are
hereby adopted. Copies of said rules and regula-
tions are available for inspection at the office of
the city clerk.
(b) Penalties. Any person, firm or corporation
violating any ofthe provisions of subsection (a) of
this section or Article XVIII of the Model Traffic
Code for Colorado Municipalities, as amended,
upon a plea of guilty or no contest, or upon a
conviction thereof, shall be fined in a sum not to
exceed nine hundred ninety-nine dollars ($999.00)
for each violation. In the alternative, any person,
firm or corporation violating any of the provisions
of subsection (a) of this section or Article XVIII of
the Model Traffic Code, as amended, may be fined
a penalty assessment fine of seventy-five dollars
($75.00) for each violation. Each and every day
which a violation is permitted to exist shall con-
stitute a separate and distinct offense. The pen-
alties herein shall not preclude the city from
initiating any other action to abate or prevent the
occurrence of any violation of the provisions spec-
ified in this section.
Supp. No. 17
(c) Immobilization. Police officers are hereby
authorized to immobilize, impound or otherwise
direct the disposition of commercial vehicles when
it is determined that the motor vehicle or opera-
tion thereof is unsafe and when such immobiliza-
tion, impoundment or disposition is appropriate
under the "Rules and Regulations Governing the
Safety Standards and Specifications of All Com-
mercial Vehicles," as promulgated by the Colo-
rado Department of Safety, and as the same may
be amended from time to time.
(d) Excess weight-Penalty assessment. Any per-
son who pleads guilty or is convicted of violating
the weight limitations of either section 18-7 or
section 18-8 of the Model Traffic Code, as amended,
shaH be subj ect to the penalties of subsection (b)
of this section and for each axle and/or gross
weight violation an additional penalty assess-
ment fine according to the following schedule:
Excess Weight
in Pounds
1 to 3,000
3,001 to 4,250
4,251 to 4,500
4,501 to 4,750
4,751 to 5,000
5,001 to 5,250
5,251 to 5,500
5,501 to 5,750
5,751 to 6,000
6,001 to 6,250
6,251 to 6,500
6,501 to 6,750
6,751 to 7,000
7,001 to 7,250
7,251 to 7,500
7,501 to 7,750
7,751 to 8,000
8,001 to 8,250
8,251 to 8,500
8,501 to 8,750
8,751 to 9,000
9,001 to 9,250
9,251 to 9,500
9,501 to 9,750
9,751 to 10,000
10,001 to 10,250
10,251 to 10,500
Penalty Assessment
Fine Amount
$ 50.00
65.00
80.00
95.00
110.00
125.00
140.00
155.00
170.00
185.00
210.00
235.00
260.00
285.00
325.00
365.00
405.00
445.00
495.00
545.00
595.00
645.00
705.00
765.00
825.00
885.00
920.00
857
~ 13-6
WHEAT RIDGE CITY CODE
:Excess Weight
in Pounds
Penalty Assessment
Fine Amount
10,501 to 10,750
10,751 to 11,000
11,001 and over
(Ord. No. 199(}-842, ~ li, 9-24-90)
955.00
990.00
999.00
Sec. 13-7. Reserved.
Editor's note-Section 2 of Ord. No. 1996-1032, adopted
June 24, 1996, repealed ~ 13.7, which pertained to driving
through private property or driveways, and derived from Ord.
No. 1991-879, ~ 1, adopted Oct. 14, 1991.
Secs. 13-8-13-20. Reserved.
ARTICLE II. VEmCLli: EMrSSION
CONTROL
Sec. 13-21. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Air contaminant (pollutant) shall mean any
fume, odor, smoke, particulate matter, vapor, gas
or any combination thereof, but not including
water, varror--or steam condensate.
Chief of police shall mean the chief of police of
the city's police department, or his designee.
Cold engine start up shall mean initial start up
of an engine until it reaches normal operating
temperature as suggested by manufacturer's spec-
ifications.
Emission shall mean the discharge or release of
one (n or-more air contaminants into the atmo-
sphere.
Emit shall mean to discharge, release, or to
permit or cause the discharge or release of one (1)
or more air contaminants into the atmosphere.
Engine shall mean any internal combustion
machine such a.s found in motor vehicles, aircraft,
watercraft, locomotives, and stationary power units
which utilizes gas or liquid fuel for combustion
energy.
Supp. No. 17
Licensed repair garage shall mean an inspec-
tion and readjustment station as defined by sec-
tion 42-4-307, C.R.S.
Opacity shall mean the degree to which an air
contatnfuant emission obscures the view of a
trained observer, expressed in percentage of the
obscuration, or the degree (percentage) to which
transmittance of light is reduced by an air con-
taminant emission.
Owner shall mean the person or entity who
holds or possesses title to any vehicle or other
means of transportation, conveyance or machine
whose engine is emitting air contaminants as
described herein.
Qualified observer shall mean a person who is
certified by the state department of health to be
trained in the area of odor and/or opacity identi-
fication of air pollutants.
Vehicle shall mean any device which is capable
of moving itself, or of being moved, from place to
place upon wheels and which contains an engine.
(Code 1977, ~ 12-10)
Sec. 13-22. Violation and penalty.
Any person owning and/or operating a vehicle
not in compliance with the provisions of this
article shall be gnilty of a misdemeanor and, upon
conviction thereof, shall be subject to a penalty
not to exceed five hundred dollars ($500.00). Sep-
arate incidents shall constitute separate viola-
tions, which may be separately and individually
punished, except no such incident shall constitute
a separate violation if said subsequent incident
occurs within the time period described in section
13-27 hereof. Authority is expressly provided to
the judge of the municipal court to reduce or to
suspend all or any part of fines in the event that
the person charged with the violation provides
proof to the court that the vehicle which emitted
the pqllutant resulting in the violation has been
repaired as provided in se'Ction 13-27 hereof.
(Code 1977, ~ 12-16)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
858
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MOTOR VEHICLES AND TRAFFIC
~ 13-26
Sec. 13-23. Enforcement by qualified observ-
ers.
The provisions of this article shall be enforced
by qualified observers, who are defined as persons
certified by the state department of health to be
trained in the area of odor anclJor opacity identi-
fication of air pollutants. Any such qualified ob-
server may exercise his discretion and issue a
warning rather than a summons. Any warning so
issued shall notify the individual ofthe nature of
the violation and recommend that the cause of the
violation be remedied as soon as possible. No
other person may stop a vehicle for a violation of
this article, or make an arrest for a violation of
this article, unless such person is so empowered
by law.
(Code 1977, ~ 12-15)
Sec. 13-24. Misrepresentation.
(a) It shall be unlawful for any person to mis-
represent or give any false or inaccurate infonna-
tion or in any other way attempt to deceive a
licensed repair garage or the qualified observer in
order to avoid compliance with the provisions of
this article.
(b) It shall be unlawful for any licensed repair
garage or its agents to misrepresent any fact,
falsely certify any repair or in any other way
attempt to mislead the qualified observer into
believing that air pollution standards are being
met.
(Code 1977, ~ 12-14)
Sec. 13-25. Diesel-powered engines.
No person shall cause to be emitted into the
atmosphere from any vehicle with a diesel-
powered engine any visible emission for a period
greater than ten (10) consecutive seconds, which
is of forty (40) percent opacity, or greater. Such
emissions that are a direct result of cold engine
startup to reach a nonnal operating temperature
shall be exempt. Regardless of who is operating a
vehicle at the time of violation oftbis article, it is
the legal responsibility of the owner thereof to
provide for compliance with the provisions of this
Supp. No. 17
article. Any summons issued for violation of this
section shall likewise be issued to the owner of the
vehicle.
(Code 1977, ~ 12-11)
Sec. 13-26. Gasoline-powered engines.
No person shall cause to be emitted into the
atmosphere from any vehicle with a gasoline-
powered engine any visible emission. Such emis-
sions that are a direct result of cold engine
startup to reach a nonnal operating temperature
shall be exempt. Regardless of who is operating a
vehicle at the time of violation of this article, it is
the legal responsibility of the owner thereof to
provide for compliance with the provisions of this
article. Any summons issued for violation of this
[The next page is 863J
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MOTOR VEHICLES AND TRAFFIC
~ 13.41
section shall likewise be issued to the owner of
the vehicle.
(Code 1977, Ii 12-12)
Sec. 13-27. Repair of vehicle.
(a) Any individual who is given a summons for
a violation of this article shall be required to ap-
pear in municipal court on the regular court ar-
raignment date next closest to the expiration of
thirty (30) days thereafter to answer charges of
the violation of this article. Within the period set
forth above the person summoned shall either re-
pair the vehicle to comply with the provisions of
this article or cease operating the vehicle within
the city.
(b) If prior to the court appearance date, the
vehicle which is the subject of the summons is
repaired and found to be in compliance with the
provisions of this article after a test conducted by
a licensed repair garage or a qualified observer as
herein defined, the summons shall be dismissed
without further proceedings. Such compliance
shall be evidenced by an appropriate written doc-
ument. The chief of police must be presented a
written statement that fully describes the work
performed and certifies that the vehicle meets the
requirements of this chapter.
(c) The qualified observer may, upon request,
extend the compliance period for a period of not to
exceed fifteen (15) days from the date of request.
The court shall be notified of the extension.
(Code 1977, Ii 12-13)
Sees. 13.28-13-40. Reserved.
ARTICLE TII. ABANDONED VEHICLES
AND TOWING
Sec. 13-41. Definitions.
As used in this article:
Abandoned motor vehicle shall mean and in-
clude:
(1) Any motor vehicle left unattended on pri-
vate property for a period of twenty-four
Supp. No. 15
(24) hours or longer without the consent of
the owner or lessee of such property or his
legally authorized agent.
(2) Any motor vehicle left unattended on any
public property including, but not limited
to, any portion of a highway, street or public
right-of-way within the limits of the city for
a period of twenty-four (24) hours or longer
unless the owner or driver thereof has con-
spicuously affixed thereto a dated notice in-
dicating his intention to return or shall
have otherwise notified the Wheat Ridge
Police of his intention to remove same
within seventy-two (72) hours of the dated
notice or of such other notice to the Wheat
Ridge Police.
(3) Any motor vehicle left unattended on any
public property including, but not limited
to, a street, highway or other public right-
of-way within the limits of the city in such
a manner or under such conditions as to
interfere with the free movement of vehic-
ular traffic, or as to interfere with proper
street or highway maintenance, or as to in-
terfere with the construction or mainte-
nance of any public improvement, or
threatens public safety.
(4) Any motor vehicle stored in a police im-
poundment lot at the request of its owner
or the owner's agent, or the police depart-
ment, and not removed from a police im-
poundment lot according to the agreement
with the owner or agent or within
seventy-two (72) hours of the time the de-
partment notifies the owner or agent that
the vehicle is available for release upon pay-
ment of any applicable charges or fees. If
the ~epartment requested the storage, the
proVlslOns governing public tows under this
article apply as of the time of abandonment
and the department shall be deemed the
responsible law enforcement agency. Oth-
erwise, private tow provisions of any appli-
cable Wheat Ridge ordinances or state stat-
utes shall apply.
Appraisal means a bona fide estimate of reason-
able market value made by any motor vehicle
dealer licensed in this state or by any employee of
863
~ 13.41
WHEAT RIDGE CITY CODE
the Colorado State Patrol or of the Wheat Ridge
Police Department whose appointment for such
purpose has been reported by the chief of police to
the executive director of the Colorado Depart-
ment of Revenue.
Chief of police or chief shall mean the chief of
the Wheat Ridge Police Department or his des-
ignee.
City means the City of Wheat Ridge, Colorado.
Department means the Wheat Ridge Police De-
partment.
Disabled motor !lehicle meMS any motor ve-
hicle which is stopped or parked, either attended
or unattended, upon a public right-of-way and
which is, due to any mechanical failure or any
inoperability because of a collision, a fIre or any
other such damage, temporarily inoperable under
its own power.
Motor vehicle means any vehicle classifIed as a
motor vehicle under the laws of the State of Col-
orado.
Operator means a person or a fIrm licensed by
the public utilities commission as a towing car-
rier.
Police impound lot or impound lot means and
includes any building, enclosure or other parcel of
real property designated by the chief or by an
ordinance or resolution of the city council for the
storage of impounded motor vehicles by the city,
and specifically includes privately owned garages
or other privately owned locations designated as a
police impound lot pursuant to this article, which
provide appropriate protection for impounded
motor vehicles.
Private property means any real property which
is not public property.
Private tow means any tow of an abandoned
motor vehicle not requested by a law enforcement
agency.
Public property means any real property having
its title, ownership, use or possession held by the
federal government, this state or any county; mu-
nicipality, as defIned in section 31-1-101(6), Colo-
rado Revised Statutes, or other governmental en-
tity of this state.
Supp. No. 15
Public tow me.ans any tow of an abandoned
motor vehicle requested by a law enforcement
agency.
Purchasing agent shall mean the purchasing
agent of the city or his designee.
Responsible law enforcement agency shall mean:
(1) In the case of a public tow, the law enfOrce-
ment agency authorizing the original tow
of an abancJ.oned mQtor vehicle, whether or
not the vehicle is towed to another law en-
forcement agency's jurisdiction;
(2) In the case of a private tow, the law enforce-
ment agency having jurisdiction over the
private property where the motor vehicle
becomes abandoned.
(Ord. No. 1995-994, ~ 2, 4-10-95)
Sec. 13-42. Abandonment of motor vehicles.
(a) No person shall abandon any motor vehicle
upon public property or upon private property
within the city.
. (h) Any motor vehicle left on private property
without the private property owner's consent shall
be presumed to be abandoned. In the event a motor
vehicle is abandoned on private property, the
owner or lessee. of such property or his legally
authorized agent may have it removed from his
property by having it towed and impounded by an
operator chosen and paid by the owner or lessee or
a legally authorized agent.
(c) Any motor vehicle left unattended within
any portion of a highway, street or public right-
of-way within the city limits for a period of twenty-
four (24) hours shall be presumed abandoned un-
less the owner or operator thereof shall have
conspicuously affIxed thereto a dated notice indi-
cating his intention to return or shall have oth.
erwise notifIed the department of his intention to
move the same within seventy-two (72) hours. Not-
withstanding the foregoing, any such motor ve-
hicle shall immediately be presumed abandoned
if such vehicle is parked in such a manner or under
such conditions as to interfere with the free move-
ment of vehicular traffic, or as to interfere with
proper street or highway maintenance, or as to
interfere with the construction or maintenance of
864
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MOTOR VEIDCLES AND TRAFFIC
~ 13.44
any public improvement, or threatens public
safety. Moreover, any such motor vehicle shall
immediately be presumed abandoned ifit has been
stopped, parked or left standing upon any public
street or highway in a manner as to block the
driveway or other entrance to any property abut-
ting the street or highway.
(d) Where possible, a police officer of the depart-
ment shall make a bona fide effort to contact the'
owner or operator of a vehicle before presuming it
is abandoned.
(Ord. No. 1995-994, ~ 2, 4-10-95)
Sec. 13-43. Removal and impoundment.
(a) Whenever any police officer of the depart-
ment finds a motor vehicle, attended or unat-
tended, standing upon any portion of a street or
highway right-of-way or other public place in such
a manner as to constitute an obstruction to traffic
or proper highway maintenance, or the construc-
tion of any public improvement, or threatens
public safety, such officer is authorized to cause
the motor vehicle to be moved forthwith to elim-
inate any such obstruction, and neither the officer
nor anyone acting under his direction shall be
liable for any damage to such motor vehicle occa-
sioned by such removal.
(b) Any motor vehicle impounded pursuant to
the provisions of sections 22-20 and 22-21 of the
Model Traffic Code, 1977 edition, shall be subject
to the provisions of sections 13-42 and 13-43 of
this article, which sections 13-42 and 13-43 shall
take precedence over and supersede any related
or inconsistent provisions of the Model Traffic
Code.
(Ord. No. 1995-994, ~ 2, 4-10-95)
Sec. 13-44. Report of abandoned motor ve-
hicle.
(a) Ascertaining ownership:
(1) Upon having an abandoned motor vehicle
towed, the department shall ascertain, if
possible, whether or not the motor vehicle
has been reported stolen, and if so reported,
the department shall recover and secure the
motor vehicle and notify its rightful owner
or the responsible law enforcement agency
Supp. No. 15
which has reported the vehicle as stolen
and terminate the abandonment proceeding
under this article. The department shall
have the right to recover from the owner its
reasonable costs to recover and secure the
motor vehicle.
(2) As soon as possible, but in no event later
than three (3) working days after having
an abandoned motor vehicle towed, the de-
partment shall report the same to the Col-
orado Department of Revenue by first-class
or certified mail or by personal delivery,
which report shall be on a form prescribed
and supplied by the Department of Rev-
enue. Such report shall contain the infor-
mation required by section 42-4-1804(1)(c),
Colorado Revised Statutes (as amended), or
other applicable state law.
(3) Upon its receipt of such report, the Depart-
ment of Revenue shall ascertain, if pos-
sible, the last known owner of record of the
abandoned motor vehicle and any lienholder
and shall transmit such relevant informa-
tion to the department pursuant to section
42-4-1804(2), Colorado Revised Statutes as
amended.
(b) Notices to owners and interested parties; hear-
ings:
(1) Should the Department of Revenue report
the vehicle as stolen, the department shall
notify the rightful owner and the respon-
sible law enforcement agency which has re-
ported the vehicle as stolen as required by
subsection (a)(l) above. Otherwise, the de-
partment, within five (5) working days of
receiving the report of the Department of
Revenue as to the vehicle, shall notify by
certified mail, return receipt requested, the
owner of record, if ascertained, or the re-
sponsible law enforcement agency which
has reported the vehicle as stolen and any
lienholder, if ascertained, of the fact of such
report and the claim, if any, of a lien under
section 13-47 and shall send a copy of such
notice to the operator. The notice shall con-
tain information that the identified motor
vehicle has been reported abandoned to the
department, the location of the motor ve-
865
* 13-44
WHEAT RIDGE CITY CODE
hicle and the location, from which it was
towed, and that, unless claimed within
thirty (30) calendar days from the date the
notice was sent as determined from the post-
mark on the notice, the motor vehicle is
subject to sale.
(2) Such notice shall also inform the owner of
record of his opportunity to request a
hearing conc~rning the legality of the
towing of his abandoned motor vehicle. The
notice shall contain hearing information
which substantially complies with the fol-
lowing: "If there is a question concerning
the legality of the towing of the vehicle, a
written request for hearing may be made
by the owner or lienholder of the towed ve-
hicle to the law enforcement agency within
ten (10) days of the postmark date of this
notice." If the department shall file the re-
quest with the Wheat Ridge Municipal
Court for a hearing regarding the propriety
of the questioned impoundment. If the de-
partment does not receive a written hearing
request within ten (10) days of the post-
marked date of the notice, a lienholder or
the owner shall be deemed to have waived
the right to a hearing.
(3) Upon receipt of a proper hearing request, a
hearing shall be conducted before the Wheat
Ridge Municipal Court within six (6) days
of receipt of a written demand therefor from
the person seeking the hearing, unless such
person waives the right to a speedy hearing
in writing. Saturdays, Sundays and city hol-
idays are to be excluded from the calcula-
tion of the six-day period. The sole issue
before the court shall be whether there was
probable cause to impound the vehicle in
question. "Probable cause to impound" shall
mean such a. state of facts as would lead a
person of ordinary care and prudence to be-
lieve that there was sufficient breach oflaw
to grant legal authority for the removal of
the vehicle. The court shall conduct the
hearing in an informal manner and shall
not be bound by technical rules of evidence.
The person demanding the hearing shall
carry the burden of establishing that such
person has the right to possession of the
Supp. No. 15
vehicle. The city shall carry the burden of
establishing that there was probable cause
to impound the vehicle in question. The
burden of proof shall be by a preponderance
of the evidence. The decision shall be a fmal
decision of the Wheat Ridge Municipal
Court. Failure of the registered or legal
owner, or its agent, or any lienholder, to
request or attend a scheduled post seizure
hearing shall be deemed a waiver of the
right to such hearing.
(4) Upon a determination by the court that the
subject vehicle was improperly impounded,
the city shall fully reimburse the owner of
the impounded vehicle for all towing and
storage fees paid by the owner.
(5) The hearing and reimbursement provisions
contained in this section shall only be ap-
plicable to vehicles which have been im-
pounded by order of the department.
(c) . Duties of operators:
(1) Any operator having in his possession any
abandoned motor vehicle from a private tow
from within the city shall immediately no-
tify the chief of police, or his designee, as to
the name of the operator and the location of
the impoundment lot to which the vehicle
has been towed. The operator shall also pro-
vide a description of the abandoned motor
vehicle, including the make, model, color
and year; the number, issuing state, and
expiration date of the license plate; and the
vehicle identification number. Upon such
notifications, the department shall ascer-
tain, if possible, whether or not the motor
vehicle has been reported stolen and, if so
reported, shall notify the responsible law
enforcement agency which has reported the
vehicle as stolen and terminate any aban-
donment proceedings under this article.
(2) Any operator shall, as soon as possible, but
in no event later than seventy-two (72)
hours after the receipt of determination that
such motor vehicle has not been reported
stolen, report the same to the Colorado De-
partment or Revenue by first-class or cer-
tified mail or by personal delivery, which
866
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MOTOR VEHICLES AND TRAFFIC
~ 13.45
report shall be on a form prescribed and
supplied by the Colorado Department of
Revenue. Such report shall contain the in-
formation required by section 42-4-
1805(3)(b), Colorado Revised Statutes (as
amended) or other applicable state law.
(3) Upon its receipt of such a report, the Colo-
rado Department of Revenue shall ascer-
tain, if possible, the last known owner of
record of the abandoned motor vehicle and
any lienholder and shall transmit such rel-
evant information to the department pur-
suant to section 42-4-1804(2), Colorado Re-
vised Statutes (as amended). In the event
the vehicle is determined by the Colorado
Department of Revenue not to be regis-
tered in the State of Colorado, the report
shall state that no Colorado title records
exist regarding the vehicle.
(4) Within five (5) working days of the receipt
of such report from the Colorado Depart-
ment of Revenue, the operator shall notify
the owner of record and any lienholder and
the department by certified mail Or by per-
sonal delivery that:
a. The' identified motor vehicle has been
reported abandoned to the Colorado De-
partment of Revenue.
b. The claim, if any, of a lien under sub-
section 13-46(a) of this article.
c. The location of the motor vehicle and
the location from which it was towed.
d. Unless claimed within thirty (30) cal-
endar days from the date the notice was
sent as determined from the postmark
on the notice, the motor vehicle is sub-
ject to sale.
(Ord. No. 1995-994, ~ 2, 4-10-95)
Sec. 13-45. Appraisal of abandoned motor ve-
hicles; saIe.
(a) Public tow abandoned motor vehicles or
motor vehicles abandoned in the police impound-
ment lot subsequent to a public tow shall be ap-
praised and sold by the purchasing agent according
to the city's ordinances not less than thirty (30)
nor more than sixty (60) days after the date the
notice required by subsection 13-44 was mailed.
Supp. No. 15
Any vehicle appraised at a value of less than one
thousand dollars ($1,000.00) shall become the prop-
erty of the operator in full satisfaction of the costs
or recovery, towing and/or storage for that vehicle
and shall discharge the city of any further respon-
sibility in connection with such vehicle.
(b) If the appraised value of an abandoned motor
vehicle sold pursuant to this article is two hun-
dred dollars ($200.00) Or less, the sale shall be
made only for the purpose of junking, scrapping
Or dismantling such motor vehicle, and the pur-
chaser thereof shall not, under any circumstances,
be entitled to a Colorado certificate of title. The
chief shall cause to be executed and delivered a
bilI of sale, together with a copy of the report de-
scribed in subsection 13-44(a)(2), to the person pur-
chasing such motor vehicle. The bilI of sale shall
state that the purchaser acquires no right to a
certificate of title for such vehicle. The chief shall
promptly submit a report of sale, with a copy of
the bill of sale, to the Colorado Department of
Revenue and shall deliver a copy of such report of
sale to the purchaser of the motor vehicle.
(c) If the appraised value of an abandoned motor
vehicle sold pursuant to this article is more than
one thousand dollars ($1,000.00), the sale may be
made for any intended use by the purchaser
thereof. The chief shall cause to be executed and
delivered a bill of sale, together with a copy of the
report described in subsection 13-44(a)(2) and an
application for a Colorado certificate of title signed
by a legally authorized representative of the de-
partment, to the person purchasing such motor
vehicle. The purchaser of the abandoned motor
vehicle shall be entitled to a Colorado certificate
of title upon application and proof of compliance
with the applicable provision of the "Certificate
of Title Act," section 42-6-101, Colorado Revised
Statutes (as amended), and the applicable regula-
tions of the Colorado Department of Revenue.
(d) Any vehicle appraised at a value, of one thou-
sand dollars ($1,000.00) or more shall be sold by
the purchasing agent or his designee at public
auction. Prior to the public auction, the purchasing
agent or his designee shall cause a notice of sale
to be published describing the vehicle to be sold,
the names of all persons, if any, known to claim
an interest in the vehicle, and the times and place
867
~ 13-45
WHEAT RIDGE CITY CODE
of the sale. The notice of sale shall be at least once
in a newspaper of general circulation in the city.
The sale shall be held within ten (10) days of the
date of the fIrst publication. The purchasing agent
may contract with any person or party to conduct
the public auction authorized by this section.
(e) The purchasing agent shall issue a bill of
sale without warranty to the purchaser of a ve-
hicle at an auction held pursuant to subsection (d)
ofthis section. There shall be no right of redemp-
tion from any sale made pursuant to this section,
nor shall the city or any of its officers, agents or
employees be liable for the failure to deliver a
vehicle to any person or party other than the pur-
chaser at such auction.
(I) In the event the chief enters an agreement
as authorized in section 13-48 hereunder, the du-
ties and responsibilities specifIed in this section
13-45 may be specifIcally delegated to an operator
under the agreement, and the tow operator shall
agree to indemnify and hold the city, the chief
and the purchasing agent harmless for or on ac-
count of any act or omission of the tow operator in
the performance of said duties.
(Ord. No. 1995-994, ~ 2, 4-10-95)
Sec. 13-46. Liens; perfection and foreclosure.
(a) Liens upon towed motor vehicles. Whenever
an operator recovers, removes, or stores a motor
vehicle upon instructions from the owner of record
thereof or any other legally authorized person in
control of such motor vehicle from the owner or
lessee of real property upon which a motor vehicle
is illegally parked or his agent authorized in
writing or from any responsible law enforcement
agency or peace officer of the department who has
determined that such motor vehicle is an aban-
doned motor vehicle, such operator shall have a
possessory lien upon such motor vehicle and its
attached accessories or equipment for all costs of
recovery, towing and storage as authorized in sec-
tion 13-47. Such lien shall be a fIrst and prior lien
on the motor vehicle, and such lien shall be sat-
isfIed before all other charges against such motor
vehicle.
(b) Perfection of lien. The li,'m provided for in
subsection (a) of this section shall be perfected by
taking physical possession of the motor vehicle
Supp. No. 15
and its attached accessories or equipment and by
sending to the department within three (3)
working days of the time possession was taken a
notice containing the information required in the
report to be made under the provision of section
42-4-1804 or section 42-4-1805, Colorado Revised
Statutes (as amended). In addition, such report
shall contain a declaration by the operator that a
possessory lien is claimed for all past, present and
future charges, up to the date of redemption and
that the lien is enforceable and may be foreclosed
pursuant to the provisions ofthls article.
(c) Foreclosure of lien. Any motor vehicle and
its attached accessories and equipment subject to
the possessory lien provided for in subsection (b)
ofthis section and not redeemed by the last-known
owner of record or lienholder within thirty (30)
days after such owner or lienholder has been sent
notice of such lien by the operator shall be sold in
accordance with the provisions of section 13-45 of
this article.
(Ord. No. 1995-994, ~ 2, 4-10-95)
Sec. 13-47. Proceeds of sale.
(a) If the sale of any motor vehicle and its at-
tached accessories or equipment under the provi-
sions of section 13-45 produces an amount less
than or equal to the sum of all charges of the
operator who has perfected a lien, then the oper-
ator shall have a valid claim against the owner of
record for the full amount of such charges, less
the amount received upon the sale of such motor
vehicle. Such charges shall be assessed in the
manner provided for in the provisions of any
towing agreement in force between the city and
an operator. If no such towing agreement is in
force, the charges shall be assessed in the manner
provided for in section 42-4-1810(2)(a), Colorado
Revised Statutes (as amended).
(b) If the sale of any motor vehicle and its at-
tached accessories or equipment under the provi-
sions of section 13-45 of this article produces an
amount greater than the sum of all charges of the
operator who has perfected a lien, any balance
then remaining shall be forwarded to th~ Colo-
rado Department of Revenue, and the Depart-
ment of Revenue may recover from such balance
any taxes, fees and penalties due and payable to it
with respect to stich motor vehicle.
868
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MOTOR VEHICLES AND TRAFFIC
~ 13-51
(c) Any balance then remaining shall be paid
by the Colorado Department of Revenue as fol-
lows: First, to any lien holder of record as his
interest may appear upon the records of the
Department of Revenue; second, to any owner of
record as his interest may so appear; and then to
any person submitting proof of his interest in
such motor vehicle upon the application of such
lienholder, owner or person. If such payments are
not requested and made within one hundred
twenty (120) days of the sale of the abandoned
motor vehicle, the balance shall be transmitted to
the state treasurer, who shall credit the same to
the highway users fund.
(Ord. No. 1995-994, ~ 2, 4-10-95)
Sec. 13-48. Authority to establish tow list
and rules and regulations with
operator.
Authority is hereby expressly delegated to the
chief of police to maintain a rotating tow list
pursuant to the rules and regulations for the
licensing and operation of licensed tow operators
in the city, with one or more operators for the
purpose of carrying out the duties specified. Pur-
suan t to these rules and regulations, the chief
may delegate the authority and responsibility to
the operator to investigate the question of owner-
ship of any vehicle and to complete such admin-
istrative functions as required. Pursuant to these
rules and regulations the administrative respon-
sibilities delegated to the operator shall be spec-
ified and shall also specifically provide for the
indemnification of the city by the operator for or
on account of any liability accruing from any error
in the execution of, or failure to execute, any of
the duties and responsibilities specified in these
sections 13-14 through 13-48, inclusive, which are
assigned and delegated to the operator pursuant
to said rules and regulations.
(Ord. No. 1995-994, ~ 2, 4-10-95)
Sec. 13-49. Exemptions.
(a) Nothing in this article shall be construed to
include or apply to the driver of any disabled
motor vehicle who temporarily leaves such vehi-
cle on the paved or improved and main-traveled
portion of a roadway, subject, when applicable, to
Supp. ~o. 18
the emergency lighting requirements set forth in
section 42-4-230, Colorado Revised Statutes (as
amended).
(b) Nothing in this article shall be construed to
include or apply to authorized emergency motor
vehicles while such vehicles are actually and
directly engaged in, coming from, or going to an
emergency.
(e) Nothing in this article shall be construed to
include or apply to abandoned vehicles kept as
evidence for either criminal or civil cases by the
department.
(Ord. No. 1995-994, ~ 2, 4-10-95)
Sec. 13-50. Violations; penalty.
Any person who violates any of the provisions
of section 13-42 shall, upon conviction, be pun-
ished by a fine of not more than four hundred
ninety-nine dollars ($499.00). Any person violat-
ing the provisions of section 13-42 hereof shall be
subject to the following minimum fines, which
may not be suspended in whole or in any part by
the Court:
(1) Fifty dollars ($50.00) for the first offense.
(2) One hundred dollars ($100.00) for the
second offense.
(3) Two hundred dollars ($200.00) for the
third offense.
(4) Three hundred dollars ($300.00) for the
fourth or subsequent offense(s).
(Ord. No. 1995-994, ~ 2, 4-10-95)
Sec. 13-51. Parking on city-owned property.
(a) The public works director is authorized to
promulgate regulations governing the parking of
motor vehicles on city-owned property and to
provide for the enforcement of such regulations by
towing and storing the motor vehicle at the ex-
pense of the registered owner of the vehicle or by
imposing an administrative fine not to exceed
twenty-five dollars ($25.00) against the registered
owner. Any regulations promulgated by the public
works director shall be ratified by resolution of
the city council.
(b) If the public works director or the director's
designee elects to tow and store a vehicle as
869
~ 13-51
WHEAT RIDGE CITY CODE
provided by subsection (a) of this section, such
towing and storage shall be undertaken in accor-
dance with the procedures applicable to aban-
doned vehicles contained in subsection (b)(I)
through and including (b)(4) of section 13-44 of
the Wheat Ridge Code of Laws. Any vehicle towed
pursuant to subsection (a) of this section and not
claimed by the registered owner within thirty (30)
days following such towing may be declared aban-
doned and treated in accordance with the provi-
sions of this chapter pertaining to abandoned
vehicles.
(c) A violation of any regulations promulgated
in accordance with this section or a failure of any
registered owner to. pay an administrative fine
imposed pursuant to subsection (a) of this section
shall constitute a violation of this section.
(d) In lieu of the imposition of an administra-
tive fine or towing as provided in subsection (a),
or in the event of nonpayment of an administra-
tive fine imposed pursuant to this section, and at
the discretion of the public works director, the
public works director may file a complaint in the
municipal court charging a violation of this sec-
tion. The municipal court shall have the jurisdic-
tion to hear and decide all such complaints filed
with the municipal court and, upon conviction of
the defendant, may impose punishment as pro-
vided at sections 1-5 and 1-6 of this Code.
Sees. 13-52-13-60. Reserved.
ARTICLE IV. PARKING PERMITS IN
RESTRICTED AREAS*
Sec. 13-61. Parking permits authorized.
The director of public works is hereby autho-
rized to issue parking permits in accordance with
the provisions of this section to allow the on -street
'Editor's note-Ord. No. 1996-1041, ~ I, adopted Aug. 12,
1996. amended the Code by adding provisions designated Art.
Iv, ~~ 13-51-13-59. Inasmuch as Ch. 13, Art. 1II already
contained provisions designated as ~ 13-51, the editor, at his
discretion. ha_s renumbEu;ed these new provisions as S~ 13-61-
13-69. The original numbers are retained in the history Dote.S_
following each section and in the Code Comparative Table at
the back of this volume in order to facilitate tracking.
Supp. No. 18
parking of motor vehicles by residents of blocks
designated by the director of public works as
restricted parking areas.
(Ord. No. 1996-1041, ~ 1(13-51), 8-12-96)
Sec. 13-62. Description of restriction.
(a) In a block which has been designated by
the director of public works as a restricted park-
ing area and on which have been erected signs
that conform to the requirements oflaw, on-street
parking of motor vehicles shall be prohibited
unless there is properly displayed in the vehicle
the permit provided for in section 13-65. For
purposes of this section, such a permit is properly
displayed only when affixed to the front wind-
shield of the driver's side of the vehicle, or it is
located on the dashboard of the vehicle in front of
the driver's seat and is clearly visible through the
windshield of the vehicle.
(b) The owner, driver, or both, of any vehicle
that is parked in violation of this section shall be
subject to the penalty provided for in section
13-68_
(c) Motorcycles, mopeds, and other two-wheeled
vehicles shall be exempt from this section.
(d) The director of public works shall deter-
mine the dates and times of day that the restric-
tions are in effect based upon the dates and hours
of operation of the senior high school in the
neighborhood.
(Ord. No. 1996-1041, ~ 1(13-52), 8-12-96)
Sec. 13-63. Restricted parking area defined.
In order to qualify as a "restricted parking
area," the block shall meet the following criteria:
(1) The block or some part thereof shall fall
within one-half mile of the closest prop-
erty line of a senior high school; and
(2) A written petition, on forms provided by
the city, signed by the property owners of
two-thirds of the dwellings with frontage
on the block shall be submitted to the
director of public works requesting that
the block be designated as a restricted
parking area; and
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(3) The block cannot be part of the state
highway system as that term is defmed in
C.R.S. ~ 43-2-101, as amended.
(Ord. No. 1996-1041, ~ 1(13-53), 8-12-96)
Sec. 13-64. Signs.
Signs indicating the parking restrictions shall
be erected in a block designated by the director of
public works as a restricted parking area. The
signs shall give notice that parking is prohibited
unless there is a valid permit that is issued
pursuant to section 13-63 and shall indicate the
dates and times of day that the restrictions apply.
(Ord. No. 1996-1041, ~ 1(13-54), 8-12-96)
Sec. 13-65. Permit application and fees.
(a) Upon application to the director of public
works on forms provided by the city, the director.
of public works shall issue no more than five (5)
permits per residence when the address of the
applicant is within a restricted parking area. The
applicant shall establish that his or her residence
is within the restricted parking area.
(b) The director of public works shall have the
option to allow a neighborhood organization to
self,administer the parking permit system. The
neighborhood organization must demonstrate to
the director of public works their capacity to
administer the system, which will include at a
minimum the ability tn provide for timely issu-
ance of requested permits and record-keeping
capability. In the event self-administration of a
permit parking system is allowed, the city shall
provide to the neighborhood organization suffi-
cient permits and application forms. In the event
neighborhood self-administration is permitted, the
neighborhood organization shall have the ability
to establish the appropriate number of permits to
be issued per residence. The director of public
works shall also have the authority to rescind a
neighborhood organization's self-administration
of the .permit parking system in the event said
neighborhood fails to properly administer the
system and/or abuses occur.
(Ord. No. 1996-1041, ~ 1(13-55), 8-12-96)
Supp. No. 18
Sec. 13-66. Removal of designation as re-
stricted parking area.
The directnr of public works shall have the
discretion to remove the designation of a block as
a restricted parking area if anyone ofthe follow-
ing conditions occurs:
(1) By virtue of closure of the school or change
in use of the property, the block or some
part thereof is no longer located within
one-half mile of the closest property line
of a senior high school; or
(2) A written petition signed by the property
owners of one-half of the dwellings with
frontage on the block is submitted to the
director of public works requesting that
designation of the block as a restric~ed
parking area be removed; or
(3) The block becomes part of the state high-
way system as that term is defined in
C.R.S. ~ 43-2-101, as amended.
(Ord. No. 1996-1041, ~ 1(13-56),8-12-96)
Sec. 13-67. Violation.
Vehicles parked in violation of this section may. .
be towed and impounded. In any prosecution of
the provisions of this section, proof that the vehi-
cle described in the complaint was parking or
stopped in violation of this section, together with
proof that the defendant named in the complaint
was at the time of such stopping or parking the
registered owner of the vehicle, shall constitute
prima facie evidence that the defendant was the
person who parked or stopped, or knowingly per-
mitted to be parked or stopped, such unattended
vehicle at the place where and for the time in
which such violation occurred.
(Ord. No. 1996-1041, ~ 1(13-57), 8-12-96)
Sec. 13-68. Penalty.
A violation of this section shall be punishable
by a fine as established by the municipal court.
(Ord. No. 1996-1041, ~ 1(13-58),8-12-96)
Sec_ 13-69. Permit cancellation.
Parking permits are considered to be the prop-
erty of the City of Wheat Ridge. Unauthorized
reproduction or sale of the parking permits is not
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WHEAT RIDGE CITY CODE
allowed and said actions may be the basis for
cancellation of a permit and/or prosecution. Park-
ing permits may be cancelled by the director of
public works in the event said permits are used or
allowed to be used by other than authorized
visitors or occupants of the dwelling to which the
permit has been assigned. Neighborhood organi-
zations administering a parking permit system
shall notif'y the director of public works of any
violations or abuses of said system to effect per-
mit cancellation or other enforcement action.
(Ord. No. 1996-1041, ~ 1(13-59), 8-12-96)
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