HomeMy WebLinkAboutOrdinance-2006-1374
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No. 26
Ordinance No. 1 ~v.
Series of 2006
TITLE: AN ORDINANCE AMENDING CHAPTER 13, ARTICLE III,
SECTIONS 41 THROUGH 60 OF THE WHEAT RIDGE CODE
OF LAWS CONCERNING ABANDONED VEHICLES AND
TOWING
WHEREAS, the City of Wheat Ridge, acting through its City Council, has
authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia,
C.R.S. 9931-15-401 and 31-15-702 to regulate the use of public streets and alleys; and
WHEREAS, the City has previously adopted regulations concerning abandoned
vehicles and towing as codified in Chapter 13, Article III of the Code of Laws of the City
of Wheat Ridge (the "Code"); and
WHEREAS, the City Council of the City of Wheat Ridge (the "Council") has
previously adopted Rules and Regulations concerning abandoned vehicles and towing
pursuant to Chapter 13, Article III, Section 48 of the Code; and
WHEREAS, the City's Police Department has determined that updating Chapter
13, Article III, Sections 41 through 49 of the Code will provide for a more efficient and
comprehensive regulation of abandoned vehicles and towing services within the City;
and
WHEREAS, the Council desires to amend the Code pursuant to the suggestions
of the Police Department.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. The Code of Laws, Chapter 13, Article III, Sections 41 through 60, is
hereby repealed reenacted to read in its entirety as set forth in Exhibit A, attached
hereto.
Section 2. The Rules and Regulations promulgated pursuant to the Code of
Laws, Chapter 13, Article III, Section 48, is hereby revised to read in its entirety as set
forth in Exhibit B.
Section 3. Safetv 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 4. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of A to
o on this 25th day of September 2006, 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 October 9, 2006, at 7:00 o'clock 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 9th day of October 2006.
SIGNED by the Mayor on this 10thdayof October 2006.
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Gernfd E. Dahl, City Attorney
First Publication: September 28, 2006
Second Publication: October 12, 2006
Wheat Ridge Transcript
Effective Date: October 27, 2006
Exhibit A
Sec. 13-41. Definitions
As used in this article:
Abandoned motor vehicle or trailer shall mean and include:
(1) Any motor vehicle or trailer left unattended on private property for a period of
twenty-four (24) hours or longer without the consent of the owner or lessee of
such property or his legally authorized agent.
(2) Any motor vehicle or trailer 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 conspicuously affixed thereto a dated notice indicating 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 or trailer 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 vehicular traffic, or as to interfere with proper street or highway
maintenance, or as to interfere with the construction or maintenance of any
public improvement, or threatens public safety.
(4) Any motor vehicle or trailer stored in a police impoundment lot at the request of
its owner or the owner's agent, or the police department, and not removed from a
police impoundment lot 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 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.
Otherwise, private tow provisions of any applicable Wheat Ridge ordinances or
state statutes shall apply.
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 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.
Chief of police or chief shall mean the chief of the Wheat Ridge Police Department
or his designee.
Page 1 of9
City means the City of Wheat Ridge, Colorado.
Department means the Wheat Ridge Police Department.
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 damage,
temporarily inoperable under its own power.
Motor vehicle means any motor vehicle classified as a motor vehicle under the laws
of the State of Colorado.
Operator means a person or a firm licensed by the public utilities commission as a
towing carrier.
Public 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, municipality, as
defined in ~31-1-101 (6), Colorado Revised Statutes, or other governmental entity of
this state.
Public tow means 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 enforcement agency authorizing the original
tow of an abandoned motor vehicle.
(2) In the case of a private tow, the law enforcement agency having jurisdiction over
the private property where the motor vehicle becomes abandoned.
(Ord. No. 1995-994, & 2,4-10-95)
Page 2 of9
Sec. 13-42. Abandonment of motor vehicles - Public tow.
(a) No person shall abandon any motor vehicle upon public property. Any member
of the police department who finds a motor vehicle, which he 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 storage in any impound lot designated or
maintained by the city.
(b) Whenever any member of the police department finds a motor vehicle, attended
or unattended, standing upon any portion of a public 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) Where possible, a police officer of the department 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. 13-42.5 Abandonment of motor vehicles - Private tow
(a) No person shall abandon any motor vehicle upon property that does not belong
to them (private property). Any owner or lessee, or his agent authorizing in writing, may
have an abandoned motor vehicle removed from his property by having it towed and
impounded by an operator.
(b) Any operator having in his possession any abandoned motor vehicle from a
private tow shall immediately notify the police department of the name of the operator,
the location of the impound lot where the vehicle is located, and a description of the
abandoned motor vehicle, including the make, model, color, 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, the police department shall
recover and secure the motor vehicle and notify its rightful owner 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.
(c) 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, comply with the provisions of the Statutes of the State of Colorado (C.R.S. ~ 42-
4-2101, et seq. as amended) for disposition of such motor vehicle.
Sec. 13-43. Removal and impoundment.
Page 3 of9
(a) Whenever any police officer or community services officer finds a motor vehicle,
attended or unattended, 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 construction of any public improvement, or threatens
public safety, such officer is authorized to cause the motor vehicle to be moved forthwith
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.
(b) Any motor vehicle impounded pursuant to Sections 1802 & 1803 of the Model
Traffic Code, 2003 edition, shall be subject to the provisions of section 13-42, 13-42.5
and 13-43 of this article, which sections 13-42, 13-42.5 and 13-43 shall take
precedence over and superseded any related or inconsistent provision of the Model
Traffic Code.
(Ord. No. 1995-994, & 2,4-10-95; Ord. No. 2001-1220, & 3,5-21-01)
Sec. 13-44. Report of abandoned motor vehicle
(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 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, after having an abandoned motor vehicle towed, the
department shall report the same to the department of revenue by first class or
certified mail, via the web, 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 the laws of the State of Colorado.
(3) Upon its receipt of such report, the department of revenue shall ascertain, if
possible, the last known owner of record of the abandoned motor vehicle and
any lienholder and shall transmit such relevant information to the department.
(b) Notices to owners and interested parties; hearings:
(1) The police department, upon its receipt of a response from the department of
revenue, shall determine, from all available information and after reasonable
inquiry, whether or not the abandoned 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 and terminate the abandonment proceedings
Page 4 of9
under this article. The department shall have the right to recover from the
owner the cost to recover and secure the motor vehicle.
(2) The police department, within ten (10) working days of the receipt of a response
from the department of revenue, shall notify by certified mail or personal
delivery the owner of record, if ascertained, and any lienholder, if ascertained, of
the fact of such response from the department of revenue and the claim, if any,
of a lien on the vehicle, and shall send a copy of such notice to the operator.
The notice shall contain information that the identified motor vehicle has been
reported to the department of revenue, the location of the motor vehicle 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
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, and to
contact the police department for that purpose. 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 by the
chief or his designee in accord with the following minimum due process
procedures:
The owner shall be entitled to be represented by legal counsel of his choosing
and to call such witnesses for relevant testimony and to produce such relevant
evidence as he desires.
The owner shall be entitled to review any evidence presented against him and
to rebut the same.
The record of the entire proceedings shall be made as determined by the
hearing officer.
Oral evidence need not be taken on oath or affirmation, unless requested by the
owner or the hearing officer.
The decision shall be made within three (3) days of the hearing and shall be in
writing and shall determine all issues presented.
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.
(Ord. No. 1995-994, & 2, 4-10-95)
Sec. 13-45. Appraisal, sale.
(a) Public tow abandoned motor vehicles or motor vehicles abandoned in an
impound lot subsequent to a public tow shall be appraised and sold by the purchasing
agent at a public or private sale, as determined in his sole discretion, held not less than
Page 5 of9
thirty (30) days after the date of the notice required by section 13-44 was mailed. Any
vehicle appraised at a value of less than one-thousand dollars ($1,000.00) shall become
the property of the operator in full satisfaction of the costs of recovery, towing and/or
storage for that vehicle and shall discharge the city of any further responsibility in
connection with such vehicle.
(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 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), 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 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
section is less than one-thousand dollars ($1,000), 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 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," 9~ 42-6-101, et seq., Colorado Revised Statutes (as amended),
and the applicable regulations of the Colorado Department of Revenue.
(d) Any vehicle appraised at a value of one-thousand dollars ($1,000.00) or more
may be sold by the purchasing agent at public auction. Prior to the public auction, the
purchasing agent 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 of the sale. The notice of sale shall be at least once in the
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 vehicle at an auction held pursuant of subsection (d) of this section. There shall be
no right of redemption 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 purchaser at such auction.
Sec. 13.46. Liens upon towed motor vehicles.
(a) Liens upon towed motor vehicles. Whenever an operator recovers, removes or
stores a motor vehicle upon instructions from any duly authorized member of the police
Page 6 of9
department who has determined that such motor vehicle is an abandoned 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, storage and
appraisal. Such lien shall be a first and prior lien on the motor vehicle, and such lien
shall be satisfied before all other charges against such motor vehicle.
(b) Perfection oflien. The lien referenced in section 13-46 (a) shall be perfected by
taking physical possession of the motor vehicle and its attached accessories or
equipment.
(c) Foreclosure of lien. Any motor vehicle and its attached accessories and
equipment subject to the possessory lien provided for in section 13-46 (b) and not
redeemed by the last known owner of record or lienholder, after such owner or
lienholder has been sent notice of such lien by the Chief or designee shall be sold in
accordance with the provisions of sections 13-46 and 13-47 of this article.
Sec. 13-47. Proceeds of sale.
(a) If the sale of any motor vehicle and its attached accessories or equipment under
the provision of section 13-46 produces an amount less than or equal to the sum of the
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 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 C.R.S. S 42-4-1810 (2) (a), (as amended).
(b) If the sale of any motor vehicle and its attached accessories or equipment under
the provisions of section 13-46 of this article produces an amount greater that the sum
of all charges, any balance remaining shall be transmitted to the department of finance
of the city, which shall credit the same to the general fund of the city
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, should he so desire, 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. Pursuant to these rules and regulations,
the chief may delegate the authority and responsibility to the operator to investigate the
question of ownership of any vehicle and to complete such administrative functions as
required. Pursuant to these rules and regulations the administrative responsibilities
delegated to the operator shall be specified and shall also specifically provide for
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
Page 7 of9
specified in these sections 13-41 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 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.RS. S 42-4-230, (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.
(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.
(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 punished by a fine of not more than four hundred ninety-nine dollars ($499.00). Any
person violating 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 expense 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.
Page 8 of9
(b) If the public works director or the director's designee elects to tow and store a
vehicle as provided by subsection (a) of this section, such towing and storage shall be
undertaken in accordance with the procedures applicable to abandoned vehicles
contained in subsection (b)(1) 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 abandoned and treated in accordance with the provisions 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 administrative fine or towing as provided in
subsection (a), or in the event of nonpayment of an administrative 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
section. The municipal court shall have the jurisdiction to hear and decide all such
complaints filed with the municipal court and, upon conviction of the defendant, may
impose punishment as provided at sections 1-5 and 1-6 of this Code.
Secs. 13-52--13-60. Reserved.
Page 9 of9
Exhibit B
RULES AND REGULATIONS
FOR THE LICENSING AND OPERATION OF LICENSED
TOW OPERATORS IN THE CITY OF WHEAT RIDGE, COLORADO
CONTENTS
I. INTRODUCTIONS
II. RULES AND REGULATIONS GENERALLY
A. Standards of Conduct
B. Laws, Ordinances, and Regulations
C. Licenses and Permits
D. Cooperation with the Department
E, Limitations
F. Disputes
G. Supervision and Rule Making Power
III. METHODS OF OPERATION
A. Protection and Handling of Vehicles
B. Removing Debris
C. Property in Vehicles
D. Response Time
E. Business Hours
F. Collection of Fees
G. Rates and Charges
H. Disposal of Abandoned Vehicles
I. Reclaimed Vehicles when Owner/Authorized Agent Refuses to Pay Towing and Storage
J. Tow Authorization
K. Repair Authorization
L. Inventory List
IV. LAND AND EQUIPMENT REQUIREMENTS
A. Storage Lot
B. Towing Units Required
C. Communication Equipment
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V. INSURANCE REQUIREMENTS
VI. EQUAL OPPORTUNITY EMPLOYER
VII. EMPLOYMENT
VIII. RESPONSIBILITY OF OFFICIAL POLICE CONTRACTOR TO READ,
UNDERSTAND AND COMPLY WITH REGULATIONS
IX. HOLD HARMLESS CLAUSE
X. PRICE SHEET (ATTACHMENT B)
2
RULES AND REGULATIONS
FOR THE LICENSING AND OPERATION OF LICENSED
TOW OPERATORS IN THE CITY OF WHEAT RIDGE, COLORADO
I. INTRODUCTION
These rules and regulations constitute the rules of operation to which the Contractor will be subject.
The specifications are intended to outline basic requirements designed to ensure a high degree of
citizen protection.
Official Police Contractor (hereinafter called Contractor) will be responsible for the towing, storing,
and safeguarding of abandoned motor vehicles taken into custody, and all motor vehicles held for
investigation by the Wheat Ridge Police Department. At the request of the police department, the
Contractor will also tow and store any disabled vehicle.
These rules and regulations are promulgated by the City of Wheat Ridge, Colorado, pursuant to the
authority contained in the towing contract Code of Laws of the City of Wheat Ridge, Section 13-48.
The rules and regulations set forth herein are determined by the City of Wheat Ridge to be
necessary to ensure the inhabitants of and other persons within the City of Wheat Ridge safe,
efficient, and dependable towing and impounding service.
The Chief of Police shall have the authority to appoint a department liaison(s) as his official
representative in matters dealing with the Contractor.
II. RULES AND REGULATIONS GENERALLY
A. Standards of Conduct
The Contractor shall conduct its business in an ethical, orderly manner and shall at all times
maintain a courteous and helpful attitude toward all citizens and City officials. Impound
Facilities will be held responsible for the acts of their agents, servants, operators, and
employees in the performance of any service for the City of Wheat Ridge.
B. Laws. Ordinances. and Reaulations
The Contractor shall abide by all applicable laws and ordinances regulating tow units and
impound, towing, storage, and disposition of vehicles. The Contractor shall also abide by
any regulations made pursuant to the authority granted under the provisions of this
document.
C. Licenses and Permits
The Contractor must have or obtain a valid and current City Business/Use Tax License to do
business in the City of Wheat Ridge. The Contractor must also have and keep in full effect
and force, a valid and current Public Utilities Commission permit to operate a wrecker
service. Impound Facilities shall be subject to all statutes and all rules and regulations of the
Public Utilities Commission applicable to the operation of a wrecking service as are now or
hereafter shall be in force.
D. Coooeration with the Deoartment
Tow operators shall abide by all lawful instructions of employees of the police department
and shall be required to cooperate with the police department in removing hazards, illegally
parked motor vehicles, and in impounding motor vehicles. Police department employees
shall likewise recognize the limitations of tow operations, and shall cooperate With the tow
operator to the extent necessary to complete the task at hand.
D. Limitations
3
Nothing contained herein shall restrict, or be construed to restrict, the right of the Contractor
to provide towing services to persons other than the City of Wheat Ridge, so long as the
provision of such services does not interfere with the efficient performance of the duties of
the Contractor according to the specifications stated in this document.
E. Disputes
The Chief of Police, or his designee, shall resolve any disputes arising under the terms of
this document.
F. Supervision and Rule Makino Power
All records, equipment, and storage facilities used to conduct the business of the Contractor
shall be subject to periodic inspection and approval by the Chief or his designee.
III. METHODS OF OPERATION
A. Protection and Handlinq of Vehicles
It shall be the duty of the Contractor to protect all motor vehicles in its custody and the
Contractor shall be liable for any loss or damage caused by negligence of its employees,
agents, or servants.
Vehicles to be stored at the Impound Facility shall be reasonably secured at the scene of the
tow and removed directly to the lot. Upon arrival at the lot, entrance to the vehicle shall be
limited to that required to remove wheel tie-down equipment, locking the transmission gear,
or only as required by the performance of legitimate business.
The Contractor is required to store all other vehicles impounded during the term of the
Contractor's agreement with the City, until such vehicles are lawfully released, sold, or
disposed of. The City will pay no tow or storage on said vehicles, except in accordance with
the rules and fees in effect at the time of expiration of the agreement.
The Contractor shall allow the registered owner to view the abandoned or disabled vehicle to
enable the registered owner to decide whether or not he desires to claim the vehicle.
B. Removinq Debris
The Contractor shall be required to remove glass and debris deposited upon the roadway by
the disabled vehicle for which he has received authorization to tow. In addition, any grease
or oil slick deposited on the roadway must be adequately covered with dirt or grease
absorbing chemical.
C. Propertv in Vehicles
The Contractor shall immediately notify the police department on-duty watch supervisor of
the existence of any property of value, weapons, or contraband which is found in any
vehicle towed at the request of the Wheat Ridge Police Department Officers shall conduct a
vehicle inventory per departmental policy. The vehicle inventory shall be listed on the tow
sheet.
All other property of little or no monetary value left inside abandoned vehicles may be
disposed of at the discretion of the Contractor after the abandoned vehicle process is
completed and the vehicle is available for sale or destruction.
The Contractor shall allow the registered owner or designee to view the vehicle and retrieve
any personal property left inside any abandoned or disabled vehicle ordered towed by the
police department regardless of whether or not the registered owner, has paid fees owed for
the towing and storage of said vehicle. The registered owner or deSignee may n,ot remove
any items attached to or part of the vehicle. The registered owner shall not be given access
4
to property contained in any vehicle held for investigation by the Police Department unless
specifically authorized by the Police Department.
The Contractor shall allow the registered owner or designee to take still photographs and/or
video tapes of both the interior and exterior of only their vehicle.
In those cases where the registered owner chooses to designate another person to view the
vehicle, retrieve personal property or take photographs/video of the vehicle, the registered
owner shall provide to the Contractor a notarized letter naming his/her designee.
The registered owner or designee shall not be given access to property contained in any
vehicle held for investigation by the police department unless specifically authorized by the
police department.
D. ResDonse Time
The Contractor does hereby agree to respond to a call within thirty (30) minutes. If for any
reason, a towing unit is unable to respond within thirty (30) minutes to any official request for
activity, the Contractor shall so inform the Wheat Ridge Police Department, and shall state
the reasons for inability to respond to the request and the estimated time when a response
can be made. If necessary, the Police Department may then request that another tow
Contractor be requested to respond and the Contractor shall bear any additional expense of
hiring the other tow unit.
E. Business Hours
Impound Facilities shall be open a designated minimum of forty (40) hours per week (during
reasonable, standard business hours) to release vehicles to persons authorized in writing to
receive them. If a vehicle release is requested during other than normal business hours, the
Contractor may charge a reasonable service charge, as set forth on the attached Quotation
Sheet, for the release in addition to normal storage and towing charges. During reasonable
business hours, the registered owner or designee may view the vehicle at no charge.
Any after-hours release shall be at the discretion of the Contractor, unless the release is
specifically requested by a Command Officer of the Wheat Ridge Police Department.
F. Collection of Fees
The Contractor shall collect fees for the towing and storage of vehicles requested to be
impounded by the Police Department. The fees collected shall be in the amounts set forth
on the attached Quotation Sheet except as specified in Section III., H. All fees shall be
collected at the office of the Contractor.
No fees shall be accepted by the Contractor on any vehicle impounded by the police
department unless the proper authorization for release has been obtained for the vehicle.
G. Rates and Charqes
Any motor vehicle ordered to be held pending investigation by the Wheat Ridge Police
Department or other lawenforcement agency shall accrue no storage charge during the
period for which the vehicle is so held. When a vehicle is released from a hold by the Wheat
Ridge Police Department, storage charges will not accrue until 5:30 p.m. that day. Towing
charges on vehicles pending investigation shall be paid by the vehicle owner or other person
authorized to receive the vehicle, unless, because of extenuating circumstances, a
command officer of the Wheat Ridge Police Department determines that these charges
should be paid by the City.
There is no charge for towing city-owned vehicles except that a tow of a city vehicle beyond
25 miles extended from any Wheat Ridge City limit will be charged at $1.00 per mile beyond
the 25-mile limit.
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H. Disposal of Abandoned Vehicles
1 . Appraisals
Upon receipt of a completed copy of the Title Impound Vehicle Information Request
(DR2008) with Section 5 signed and the date of notification to the owner included,
the Contractor shall prepare the Bill of Sale for Abandoned or Towed Vehicles
(DR2173) to include the Wheat Ridge Police Department case report number, the
vehicle identification number, and vehicle description section of the form. The
vehicle identification number and vehicle description shall be filled in from the signed
copy of the DR2008.
There are to be NO STRIKE OVERS, and handwriting must be neat and legible.
The Bill of Sale for Abandoned or Towed Vehicles (DR2173) shall be provided by
the Contractor to the appraiser of choice of the Wheat Ridge Police Department.
The Contractor shall locate and clearly mark the vehicles to facilitate timely
completion of the appraisal process.
2. Vehicles Valued at $1000 or More
Any motor vehicle with an appraised value of One Thousand and no/100 Dollars
($1,000.00) or more, which is impounded by the Wheat Ridge Police Department
and which is not claimed within thirty (30) calendar days of the date upon which
notice of the impoundment is given to the owner of record, may be sold by the City
of Wheat Ridge. The City of Wheat Ridge may choose to apply for title and keep the
vehicle or the City may contract with a private auctioneering firm to conduct any
public sale of abandoned vehicles. Vehicles to be auctioned may be removed from
the Contractor by the City to another facility. The Contractor will be reimbursed
towing charges.
3. Vehicles Valued at less than $1.000
Any motor vehicle with an apprised value at less than One Thousand and no/100
Dollars ($1,000.00) which is impounded by the City of Wheat Ridge, and which is
not claimed within thirty (30) days of the date upon which notice of impoundment
was given to the owner of record, shall be turned over to the Contractor. Vehicles
appraised at $200 or less may be used only for parts or scrap, and no title shall be
applied for to the State of Colorado for any such vehicle.
The release of these vehicles to the Contractor shall satisfy in full all costs of
handling, storage, and towing services of the vehicle.
4. Reauired Forms
The Contractor shall within 72 hours after impounding of any vehicle initiate a form
DR2008, and forward to the Wheat Ridge Police Department.
5. Confiscated Vehicles
Any motor vehicle taken into custody as a result of an arrest or seizure made
incident to a federal drug, liquor or firearm violation, or any vehicle declared by a
court of competent jurisdiction to be a Class I public nuisance is subject to
confiscation, and may thereby become the property of the confiscating jurisdiction.
When any such vehicle becomes the property of the Wheat Ridge Police
Department, the City shall not be obligated to pay any storage charges accrued on
said vehicle.
6. Private Tow
A private tow is defined as any tow the Contractor performs in which no Impound
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Report is created by the Wheat Ridge Police Department. Towing of any city vehicle
is not considered a private tow.
Processing under the State Abandoned Vehicle Laws of Private Tow Vehicles is the
sole responsibility of the Contractor.
I. Reclaimed Vehicles When Owner/Authorized Aoent Refuses to Pav Towino and Storaoe
Charaes
The Contractor shall not be required to release any vehicle until the lien granted by C.R.S. ~
42-4-1807 has been satisfied.
J. Tow Authorization
Before the Contractor may commence a tow within the City of Wheat Ridge, he shall secure
the consent of the registered owner, legal owner, person in control, driver, or authorized
agent of any of then, or other person having a legal right to possess the vehicle, or from a
Wheat Ridge police officer, or from the owner or person in lawful possession of private
property where the vehicle is located or the agent or employee of either of them for the
towing of a parked vehicle parked in violation of the terms of the Wheat Ridge Municipal
Code.
K. Reoair Authorization
No Contractor employee shall make any repair of a vehicle without written authorization of
such repair by the person to be charged therefor, and in compliance with applicable state
law on motor vehicle repair charges.
The Contractor shall make no charge for towing services other than as specifically stated in
the tow bill and towing authorization form furnished by the person authorizing the tow prior to
the commencement of the tow; provided, however, that an additional charge for a service
performed may be made if occasioned by an emergency or other unforeseen circumstance
which occurs after the commencement of the tow. It shall be the responsibility of the
Contractor to provide to the person authorizing the tow a statement of any such additional
charges together with a clear, concise written statement of the circumstances which gave
rise to the need for the additional service and reasons why these circumstances could not
have been reasonably anticipated or discovered before the commencement of the tow.
The burden of establishing the validity of such additional charges shall be upon the
Contractor. No alteration, change or amendment in any tow bill or towing authorization,
which results in additional charges, shall be allowed except as provided in this section.
The Contractor may make emergency alterations necessary to remove a vehicle from the
scene by towing, but shall not make any charge for any such alteration unless such charge
is listed upon the tow bill and furnished to the other person authorizing the tow prior to the
commencement of the tow.
L. Inventorv List
The Contractor shall provide a complete accrual inventory of all impounded vehicles, and a
list of all released vehicles for the current week to the Wheat Ridge Police Department by
5:00 p.m. each Thursday. The inventory shall include all activity through the previous day at
5:30 p.m.
The inventory shall include as a minimum of the following information:
a. Wheat Ridge Police Department case report number
b. Year, Make, Model, Color of vehicle
c. Vehicle Identification Number
d. License number
e. Impound Date
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f. Status (i.e., Hold)
g. 2006 Form to Wheat Ridge Police Department - date
h. Appraisal date/value
i. Date Bill of Sale received or vehicle auctioned
NOTE: Each inventory shall include "a" through "f" above with "g" through "I" added the
week each of these dates occur for each impounded vehicle.
IV. LAND AND EQUIPMENT REQUIREMENTS
A. Storaqe Lot
Impound Facilities shall provide a storage lot. The storage lot shall be graded, provided with
sufficient drainage to prevent accumulation of standing water, enclosed with a security fence
at least six feet (6') high, and should be lighted during hours of darkness. Impound Facilities
shall also provide an enclosed garage with locking doors capable of holding at least two full-
sized vehicles and work space to process vehicles to be separately and safely secured upon
request of the police department. The garage shall be lighted and shall have a floor of
concrete or similar material. Impound Facilities and storage lots will comply with all zoning
ordinances and regulations of the jurisdiction where located. Vehicles shall be processed by
the police department as soon as is practicable.
Impound facilities shall be inspected and approved by the Chief or his designee prior to
authorization of a towing contract.
B. Towinq Units Required
The Contractor operator shall have at least three towing vehicles including immediate
access to one heavy duty towing unit. A heavy duty towing unit will be used: 1) whenever a
vehicle to be towed has three to more axles or has a gross weight in excess of 10,000
pounds, and 2) whenever an officer of the police department determines after investigation
that a heavy duty tow unit is necessary.
Towing units shall comply with all applicable safety standards as required by the Department
of Transportation and State of Colorado.
Tow units will be equipped with all applicable tools and equipment as necessary to perform
the function of a professional tow company.
C. Communication Equipment
Each towing unit of the Contractor shall be equipped with a two-way radio or telephone.
Each unit shall be capable of communicating with the office of the Contractor either by radio
or telephone. A dispatcher capable of communicating with each unit shall be available by
telephone at all times.
V. INSURANCE REQUIREMENTS
A. The Contractor, prior to commencing work, shall provide (at its own cost and expense) proof
of the following insurance to the City of Wheat Ridge. Such insurance shall be obtained
from financially responsible insurance companies licensed in the State of Colorado and
acceptable to the City of Wheat Ridge. Prior to cancellation of or material change in any
required policy, a minimum of thirty (30) days written notice shall be given to the Risk
Manager of the City of Wheat Ridge by means of registered mail - return receipt requested.
B, Required Coverage shall be as required by the Department of Transportation and Public
Utilities Commission rules and regulations.
1.
All policies and/or certificates of insurance shall include the City of Wheat Ridge as
an additional named insured.
2.
Underwriters shall have no right of recovery or suborgation against the City of Wheat
Ridge; it being the intent of the parties that the insurance policies in effect shall
protect both parties and be primary coverage for any and all losses covered by the
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described insurance.
3. The clause entitled "Other Insurance Provisions" contained in any policy including
the City of Wheat Ridge as an additional named insured shall not apply to the City of
Wheat Ridge,
4. The insurance companies issuing the policy or policies shall have no recourse
against the City of Wheat Ridge for payment of any premiums due or for any
assessments under any forms of any policy.
5. Any and all deductibles contained in any insurance policy shall be assumed by and
at the sole risk of the contractor.
All insurance policies and/or certificates of insurance shall be approved by the City of Wheat
Ridge prior to the inception of work.
Additional coverage and/or higher limits of liability may be required by the City of Wheat
Ridge dependent on the particular services contracted for.
If any of the said policies shall be or at any time become unsatisfactory to the City as to form
or substance or if a company issuing any such policy shall be or at any time becomes
unsatisfactory to the City, the Contractor shall promptly obtain a new policy and submit same
to the Risk Manager of the City of Wheat Ridge for approval and thereafter submit a
certificate of insurance as herein above provided. Upon failure of the Contractor to furnish,
deliver, and maintain such insurance as provided herein, this contract, at the election of the
City of Wheat Ridge, may be immediately declared suspended, discontinued or terminated.
Failure of the Contractor in obtaining and/or maintaining any required insurance shall not
relieve the contractor from any liability under the contract, nor shall the insurance
requirements be construed to conflict with the obligations of the contractor concerning
indemnification,
VI. EQUAL OPPORTUNITY EMPLOYER
Official Police Impound Facilities will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin, nor will Impound Facilities
illegally discriminate against such persons because of age. Impound Facilities will take affirmative
action to ensure that such applicants are employed. Impound Facilities agree to post in conspicuous
places available to employees and applicants for employment, notices to be provided by an agency
of the Federal Government setting forth the provisions of the Equal Opportunity laws.
VII. EMPLOYMENT
No person shall be employed in any capacity or function of an a Contractor until an initial background
investigation has been completed and his character and fitness to participate in towing operations of
the Contractor have been established to the satisfaction of the Chief of Police of the Wheat Ridge
Police Department or his designated representative. This may require investigation by the police
department. The owners and managers of the Contractor shall be responsible for the quality,
character and actions of their employees.
VIII. RESPONSIBILITY OF OFFICIAL POLICE IMPOUND FACILITIES TO READ, UNDERSTAND,
AND COMPLY WITH REGULATIONS
A copy of these regulations and all amendments thereto shall be furnished to the Contractor. The
owners and managers of the Contractor shall familiarize themselves with these regulations and it
shall be their duty to require their agents, servants, operators, and employees to comply strictly and
fully with the terms of these regulations.
IX. HOLD HARMLESS CLAUSE
All Police Impound Facilities agree and covenant to save and hold harm.less the ~ity of Wheat Ridge,
its police department, agents, employees, and Contractor from and against all claims, damages,
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causes of action and suits which may arise by reason of the acts, omissions, or failures to act, of
said Contractor, its agents, employees or contractors.
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