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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 Section 13-17 of the Code of Laws of the City of Wheat Ridge is hereby repealed.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. 2 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 3 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 4 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 5 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. 6 (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 7 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. 8 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 9