HomeMy WebLinkAboutOrdinance-1986-0688INTRODUCED BY COUNCILMEMBER WEST
Ordinance No. 688
Series of 1986
TITLE: AN ORDINANCE REPEALING SECTION 13-17, ABANDONED VEHICLES,
OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO,
AND AMENDING SAID CODE OF LAWS BY ENACTING SECTIONS 13-19
THROUGH 13-27 INCLUSIVE, RELATING TO THE TOWING OF
ABANDONED VEHICLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 13-17 of the Code of Laws of the City of
Wheat Ridge is hereby repealed.
Section 2. The Code of Laws of the City of Wheat Ridge is
hereby amended by adding thereto the following Sections 13-19
through 13-27 inclusive:
Section 13-19. Abandoned vehicles - definitions. As used
in Sections 13-19 through 13-26 of this ordinance:
(a) The term "abandoned motor vehicle" shall mean and
include:
(1) Any motor vehicle left unattended on private
property for a period of seventy-two (72) 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 public
property, including any portion of a highway, street, or public
right-of-way within the limits of the City of Wheat Ridge for a
period of twenty-four (24) hours or longer unless the owner or
driver thereof has conspicuously affixed thereto information
indicating his intention to return or shall have otherwise
notified the Wheat Ridge Police of his intention to remove same.
(3) Any motor vehicle left unattended on a street,
highway, or public right-of-way within the limits of the City of
Wheat Ridge in such a manner or under such conditions as to
interfere with the free movement of vehicular traffic or proper
street or highway maintenance.
(4) Any motor vehicle stored in the police car pound
at the request of its owner or the owner's agent or the
Wheat Ridge Police Department and not removed from the police car
pound according to the agreement with the owner or agent or
within seventy-two (72) hours of the time the Department notifies
the owner or agent that the vehicle is available for release upon
payment of any applicable charges or fees. If the Wheat Ridge
Police Department requested the storage, the provisions governing
public tows under this article apply as of the time of
abandonment, and the Department shall be deemed the responsible
law enforcement agency.
(b) The term "appraisal" means a bona-fide estimate of
reasonable market value made by any motor vehicle dealer licensed
in this state or by any employee of 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 Department of Revenue.
(c) Chief of Police shall mean the Chief of the Wheat Ridge
Police Department or his designee.
(d) The term "department" means the Wheat Ridge Police
Department.
(e) The term "disabled motor vehicle" means any motor
vehicle 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 injury, temporarily inoperable under its
own power.
(f) The term "motor vehicle" means any vehicle classified
as a motor vehicle under the laws of the State of Colorado.
(g) The term "operator" means a person or a firm licensed
by the public utilities commission as a towing carrier.
(h) The term "police car pound" means and includes any
building, enclosure, or place designated by the City
Administrator, the Chief of Police, or by an ordinance or
resolution of the City Council for the storage of impounded motor
vehicles by the City of Wheat Ridge, and specifically includes
privately owned garages or other privately owned locations
designated as a police car pound.
(i) The term "private property" means any real property
which is not public property.
(j) The term "private tow" means any tow of an abandoned
motor vehicle not requested by a law enforcement agency.
(k) The term "public property" means any real property
having its title, ownership, use, or possession held by the
federal government, this state, or any county, municipality, as
defined in Section 31-1-101(6), C.R.S. or other governmental
entity of this state.
(1) The term "public tow" means any tow of an abandoned
motor vehicle requested by a law enforcement agency.
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Section 13-20. Abandonment of motor vehicles.
(a) No person shall abandon any motor vehicle upon public
property or upon private property other than his own without the
consent of the owner thereof, in the City of Wheat Ridge.
(1) Any motor vehicle left on private property without
the 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 or he may notify the Department to
request removal of such vehicle.
(2) Any motor vehicle left unattended within any
portion of a highway, street or public right-of-way within the
Wheat Ridge city limits for a period of twenty-four (24) hours
shall be presumed abandoned unless the owner or operator thereof
shall have conspicuously affixed thereto a dated notice
indicating his intention to return or shall have otherwise
notified the Department of his intention to move the same. Any
such motor vehicle shall immediately be presumed abandoned if
such vehicle is parked in such a manner or under such conditions
as to interfere with the free movement of vehicular traffic or
proper street or highway maintenance.
(3) A motor vehicle shall not be presumed abandoned
until a bona-fide effort is made by the police officer to contact
the owner or operator of the vehicle.
Section 13-21. Removal and impoundment.
(a) Any police officer who finds a vehicle standing upon
any portion of a highway right-of-way, or upon private property
without the consent of the owner, in violation of any of the
provision of this article and who has reasonable grounds to
believe has been abandoned shall require such motor vehicle to be
removed or cause the same to be removed and placed in the police
car pound.
(b) Whenever any police officer finds a motor vehicle,
attended or unattended, standing upon any portion of a highway
right-of-way in such a manner as to constitute an obstruction to
traffic or proper highway maintenance, such officer is authorized
to cause the motor vehicle to be moved to eliminate any such
obstruction; and neither the officer nor anyone acting under his
direction shall be liable for any damage to such motor vehicle
occasioned by such removal.
(c) 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 13-20 and
13-21 of this article, which sections 13-20 and 13-21 shall take
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precedence over any related or inconsistent provisions of the
Model Traffic Code.
Section 13-22. Report of abandoned motor vehicles.
(a) Owner's opportunity to request hearing.
(1) Upon having an abandoned motor vehicle towed, the
police department shall ascertain, if possible, whether or not
the motor vehicle has been reported stolen, and, if so reported,
the police department shall recover and secure the motor vehicle
and notify its rightful owner or the law enforcement agency which
has reported the vehicle as stolen and terminate the abandonment
proceedings under this article. The police 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 police department shall report the same to the
Colorado 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 Revenue. Such
report shall contain the information required by C.R.S.
X42-4-1604(l)(c) or other applicable state law.
(3) Upon its receipt of such report, the Department of
Revenue shall search its records or make other inquiries to
ascertain, if possible, the last known owner of record of the
abandoned motor vehicle and any lienholder as those persons are
represented in Department of Revenue records. In the event the
vehicle is determined by the Department of Revenue not to be
registered in the state of Colorado, the report required by this
article shall state that no Colorado title record exists
regarding the vehicle. Within ten (10) working days of such
receipt, the Department of Revenue shall complete its search and
shall transmit such report, together with all relevant
information thereon, to the Wheat Ridge Police Department.
(4) Should the Department of Revenue report the
vehicle as stolen, the police department shall notify the
rightful owner or the law enforcement agency which has reported
the vehicle as stolen as required by subsection 13-22(a)(1) above.
Otherwise, the police department, within five (5) working days of
receiving the report of the Department of Revenue as to the
vehicle, shall notify by certified mail the owner of record, if
ascertained, or the 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
13-24 shall send a copy of such notice to the operator. The
notice shall contain information that the identified motor
vehicle has been reported abandoned to the police department, the
location of the motor vehicle and the location from which it was
towed, and that, unless claimed within thirty (30) calendar days
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from the date the notice was sent as determined from the postmark
on the notice, the motor vehicle is subject to sale. Such notice
shall also inform the owner of record of his opportunity to
request a hearing concerning the legality of the towing of his
abandoned motor vehicle. Such request shall be made in writing
to the police department within ten (10) days of the postmarked
date of sending such notice. Such hearing, if requested, shall
be conducted pursuant to the provisions of Section 11-4 of the
Model Traffic Code, as amended in Section 12-2 of the Code of
Laws of the City of Wheat Ridge, with the Chief of Police or his
designee to act as hearing officer. The issue at such hearing
shall be limited to whether the vehicle was legally towed. The
Chief of Police is expressly authorized and delegated authority
to formulate Rules and Regulations for the conduct of such
hearing, provided that a copy of said Rules and Regulations shall
be provided to each person requesting such a hearing at some time
prior to the commencement of the hearing. In the event it is
determined at the hearing that the motor vehicle was illegally
towed, all towing charges and storage fees assessed against the
vehicle shall be forgiven.
(b) Duties of operators.
(1) Any operator having in his possession any
abandoned motor vehicle from a private tow from the City of
Wheat Ridge shall immediately notify the Chief of Police of the
City of Wheat Ridge, or his designee, as to the name of the
operator and the location of the impound lot to which the vehicle
is towed. The operator shall also provide 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
notification, the police department shall ascertain, if possible,
whether or not the vehicle has been reported stolen and, if so
reported, shall recover and secure the motor vehicle and notify
its rightful owner or the law enforcement agency which has
reported the vehicle as stolen and terminate the abandonment
proceedings under this article. The police department shall have
the right to recover from the owner its reasonable costs to
recover and secure the vehicle.
(2) Any operator shall, as soon as possible, but in no
event later than seventy-two (72) hours after receipt of
determination that such motor vehicle has not been reported
stolen, report the same to the 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 Revenue. Such report shall contain the information
required by C.R.S. X42-4-1605(3)(b) or other applicable state
law.
(3) Upon its receipt of such a report, the Department
of Revenue shall search its records or make other inquiries to
ascertain, if possible, the last known owner of record of the
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abandoned motor vehicle and any lienholder as those persons are
represented in Department of Revenue records. In the event the
vehicle is determined by the Department of Revenue not to be
registered in the State of Colorado, the report required by this
article shall state that no Colorado title records exists
regarding the vehicle. Within ten (10) working days of such
receipt, the Department of Revenue shall complete its search and
shall transmit such report, together with all relevant
information thereon, to the operator.
(4) Within five (5) working days of the receipt of
such report from the Department of Revenue, the operator shall
notify the owner of record and any lienholder and the Wheat Ridge
Police Department by certified mail or by personal delivery that:
a. The identified motor vehicle has been
reported abandoned to the Department of Revenue.
b. The claim, if any, of a lien under
subsection 13-24(a).
C. The location of the motor vehicle and the
location from which it was towed; and
d. Unless claimed within thirty (30) calendar
days from the date the notice was sent as determined from the
postmark on the notice, the motor vehicle is subject to sale.
Section 13-23. Appraisal of abandoned motor vehicles -
sale.
(a) Public tow abandoned motor vehicles or motor vehicles
abandoned in the police car_ pound subsequent to a public tow
shall be appraised and sold by the Wheat Ridge Police Department
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 13-22(a)(4) above was mailed.
(b) If the appraised value of an abandoned motor vehicle
sold pursuant to this article is two hundred dollars ($200.00) or
less, the sale shall be made only for the purpose of junking,
scrapping, or dismantling such motor vehicle, and the purchaser
thereof shall not, under any circumstances, be entitled to a
Colorado certificate of title. The Wheat Ridge Police Department
shall cause to be executed and delivered a bill of sale, together
with a copy of the report described in subsection 13-22(a)(2), to
the person purchasing such motor vehicle. The bill of sale shall
state that the purchaser acquires no right to a certificate of
title for such vehicle. The Chief of Police shall promptly
submit a report of sale, with a copy of the bill of sale, to the
Department of Revenue and shall deliver a copy of such report of
sale to the purchaser of the motor vehicle.
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(c) If the appraised value of an abandoned motor vehicle
sold pursuant to this article is more than two hundred dollars
($200.00), the sale may be made for any intended use by the
purchaser thereof. The Wheat Ridge Police Department shall cause
to be executed and delivered a bill of sale, together with a copy
of the report described in subsection 13-22(a)(2) and an
application for a Colorado certificate of title signed by a
legally authorized representative of the Department, 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,"
C.R.S. §42-6-101, and regulations of the Department of Revenue.
(d) In the event the Chief of Police enters into a contract
(or contracts) as authorized in Section 13-26 hereunder,
the duties and responsibilities specified in this Section 13-23
may be specifically delegated to an operator thereunder.
Section 13-24. Proceeds of sale.
(a) If the sale of any motor vehicle and its attached
accessories or equipment under the provisions of section 13-23
produces an amount less than or equal to the sum of all charges
of the operator who has perfected a lien, then the operator 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 contract in force
between the City of Wheat Ridge and its authorized operator.. If
no such towing contract is in force, the charges shall be
assessed in the manner provided for in C.R.S. X42-4-1610(2)(a).
(b) If the sale of any motor vehicle and its attached
accessories or equipment under the provisions of section 13-23
produces an amount greater than the sum of all charges of the
operator who has perfected a lien, then the provisions of any
towing contract in force between the City of Wheat Ridge and its
authorized operator shall prevail. If no such towing contract is
in force, the charges shall be assessed in the manner provided
for in C.R.S. §42-4-1610(2)(a).
(c) Any balance then remaining shall be forwarded to the
Department of Revenue, and the Department of Revenue may recover
from such balance any taxes, fees, and penalties due and payable
to it with respect to such motor vehicle.
(d) Any balance then remaining shall be paid by the
Department of Revenue: First, to any lienholder 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
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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.
Section 13-25. 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 vehicle on the paved or improved and
main-traveled portion of a roadway, subject, when applicable,
to the emergency lighting requirements set forth in C.R.S.
§42-4-227.
(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.
(c) 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.
Section 13-26. Authority to Contract With Operator.
Authority is hereby expressly delegated to the Chief of
Police to enter into a contract with one or more operators for
the purpose of carrying out the duties herein specified. Any
such contract may delegate the authority and the responsibility
to the operator to investigate the question of ownership of any
vehicle, and to complete such administrative functions as the
Chief of Police shall require. Any contract entered into by
virtue of this section 13-26 shall specifiy any administrative
responsibilities delegated to the operator, and shall
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 13-19
through 13-26, inclusive, which are assigned and delegated to the
operator pursuant to said contract.
Section 13-27. Violations-penalty.
Any person who violates any of the provisions of section
13-20 shall, on conviction, be punished by a fine of not more
than nine hundred ninety nine dollars ($999.00) or by
imprisonment for not more than one hundred eighty days, (180) or
by both such fine and imprisonment. Any person violating the
provisions of section 13-20 hereof shall be subject to the
following minimum fines, which may not be suspended in whole or
in any part;
a. $50.00 for the first offense.
b. $100.00 for the second offense.
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C. $200.00 for the third offense.
Section 3. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 4. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 5. This ordinance shall take effect one (1) day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 1 on this 22nd day of September , 1986,
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for Or.t. 13, 1986 , 1986, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado
d. $300.00 for the fourth or subsequent offense(s).
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 6 to 2 this 13th day of Octobdr
. 1986.
1986.
SIGNED by the Mayor on this 14th day of
October
Frank Stites, Mayor
ATTEST: f
n
A:
/X" Z"- d
`Wanda Sang,,'-City rerk
1st Publication: Oct. 2, 1986
2nd Publication: Oct. 16 1986
Wheat Ridge Sentinel:
Effective Date:Oct. 17 1986
APPROVED TO FRRM BY
OFFICE I AT NEY:
John Hay s
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