HomeMy WebLinkAboutOrdinance 1843 - Vehicular public nuisance
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER LARSON
Council Bill No. 10
Ordinance No. 1843
Series 2026
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING VEHICULAR PUBLIC NUISANCE
WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority, the City Council has previously adopted
Ordinance No. 1737, Series 2022, which ordinance enacted Article V of Chapter 13 of the
Wheat Ridge Code of Laws concerning vehicular public nuisances; and
WHEREAS, Article V addresses the threats to public safety arising from the
operation of motor vehicles in various illegal and dangerous ways; and
WHEREAS, Article V further provides various remedies, but does not specifically
address the ability of the police department to request tow and impound of vehicles
known to have been used in eluding or attempting to elude a peace officer; and
WHEREAS, the City Council finds that revising the definition of vehicular public
nuisances will enhance public safety by removing such vehicles from circulation, will serve as a deterrent to future use of vehicles for eluding, will aid in the preservation of
evidence and aid investigation of crimes committed in association with such vehicles,
and enhance efficiency in the use of police officer time.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
Section 1. The definition of “Vehicular public nuisance” in Section 13-81 of the
Wheat Ridge Code of Laws is hereby amended as follows:
(a) Vehicular public nuisance means any motor vehicle used to commit, conduct, promote, facilitate or aid in the commission of illegal street racing activity. For
purposes of this section the underlying criminal or traffic violation forming
the basis of the illegal street racing activity shall have the same definition as
that contained in the pertinent section(s) of the Colorado Revised Statutes
(C.R.S.), as amended, the pertinent section(s) of this Code as amended, the
pertinent section(s) of this article, or the pertinent section(s) of the Model
Traffic Code as amended. Evidence of the existence of a vehicular public nuisance shall include, but not be limited to, evidence that the motor vehicle
was used in one (1) or more of the following street racing related illegal
activities:
(1) All acts defined as illegal street racing in this article;
(2) Careless driving as prohibited in Model Traffic Code section 1402 and/or C.R.S. 42-4-1402;
(3) Eluding or attempting to elude a police officer as prohibited in Model
Traffic Code section 1413 and/or C.R.S. 42-4-1413;
(4) Vehicular eluding as prohibited in C.R.S. 18-9-116.5;
(5) Minimum speed regulations as described in Model Traffic Code section 1103 and/or C.R.S. 42-4-1103;
(6) Obstructing highways or other passageways as prohibited in C.R.S.
18-9-107;
(7) Reckless driving as prohibited in Model Traffic Code section 1401
and/or C.R.S. 42-4-1401;
(8) Speed contests—speed exhibitions—aiding and facilitating as
prohibited in Model Traffic Code section 1105 and/or C.R.S. 42-4-
1105;
(9) Trespassing as prohibited in Code section 16-46.
(b) VEHICULAR PUBLIC NUISANCE ALSO INCLUDES ANY MOTOR VEHICLE REASONABLY IDENTIFIED BY A POLICE OFFICER HAVING PROBABLE CAUSE
TO BELIEVE THE VEHICLE HAS BEEN USED IN THE COMMISSION OF A
CRIME, OR HAS BEEN OTHERWISE IDENTIFIED, INCLUDING BUT NOT
LIMITED TO:
(1) ELUDING OR ATTEMPTING TO ELUDE A POLICE OFFICER UNDER
MODEL TRAFFIC CODE SEC.14.13 AND/OR CRS 42-4-1413;
(2) ELUDING AS PROHIBITED BY CRS 18-9-116.5; OR
(3) HAS BEEN IDENTIFIED BY A POLICE OFFICER AS A VEHICLE
SUBJECT TO AN ATTEMPT TO LOCATE (ATL) REPORT.
Section 2. Section 13-84(a) of the Code of Laws is amended to read:
(a) If the chief of police finds and determines upon probable cause that a vehicle
is a nuisance vehicle and that the driver's continued use of the vehicle would cause a threat to public health, safety, and welfare; the chief of police may
immediately seize the vehicle at the time of the offense without prior notice to
the record owner.
Section 3. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect upon adoption at
second reading as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on this 27th day of April 2026, ordered published in full on the City’s website as provided by the
Home Rule Charter, and Public Hearing and consideration on final passage set for May
11, 2026, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 11th day of May 2026.
SIGNED by the Mayor on this 12th day of May 2026.
Korey Stites, Mayor
ATTEST:
__________________________________________
Janeece Hoppe, City Clerk
Approved as to Form:
Gerald E. Dahl, City Attorney
First Publication: April 28, 2026 Second Publication: May 12, 2026
Effective Date: May 11, 2026
Published:
Jeffco Transcript and www.ci.wheatridge.co.us