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HomeMy WebLinkAbout13 - MOTOR VEHICLES & TRAFFIC . e . e . Chapter 13 MOTOR VEHICLES AND TRAFFIC* Article I. In General Sec. 13-1. Standard manual. Sec. 13-2. Model traffic code. Sec. 13-3. Certification of emissions control required. See. 13-4. Incorrect registration of a motor vehicle. Sec. 13-5. Prohibited areas for operation of motor vehicles. Sec. 13-6. Safety standards and specifications. Sec. 13-7. Reserved. Sec. 13-8. Parking in alleys. Sees. 13-9-13-20. Reserved. Article II. Vehicle Emission Control Sec. 13-21. Definitions. Sec. 13~22. Violation and penalty. Sec. 13-23, Enforcement by qualified observers. Sec, 13-24. Misrepresentation. Sec. 13-25. Diesel-powered engines. See. 13-26. Gasoline-powered engines. Sec. 13-27, Repair of vehicle. Sees. 13-23-13-40. Reserved. Article III. Abandoned Vehicles and Towing Definitions. Abandonment of motor vehicles. Removal and impoundment. Report of abandoned motor vehicle. Appraisal of abandoned motor vehicles; sale. Liens; perfection of foreclosure. Proceeds of sale. Authority to establish tow list and rules and regulations with operator. See. 13-49. Exemptions. Sec. 13-50. Violations; penalty. Sec. 13-51. Parking on city-owned property. Sees. 13-52-13-60. Reserved. See. See. Sec. Sec. Sec. See. Sec. Sec. 13-4l. 13-42. 13-43. 13-44. 13-45. 13-46. 13-47. 13.48. Sec. 13-6l. Sec. 13-62. Sec. 13.63. Sec. 13-64. Sec. 13-65. Article rv:. Parking Permits in Restricted Areas Parking permits authorized. Description of restriction. Restricted parking area defined. Signs. Permit application and fees, >IoCr05S references-Towing vehicles, ~ 16-66; using certain equipment on vehicles, S 16~159; motor vehicles in parks generally, i 17-36. State law references-Home rule powers, Col. Canst. Art. XX, ~ 6; Uniform Safety Code of 1935, C.R.S. S 42-2-101 et seq., 42-4-101 et seq.; general authority to regulate traffic, C,R.S. *9 42~4-108, 42-4-109. Supp. No. 18 847 Supp. No. 18 Sec. 13,66. Sec. 13-67. Sec. 13-68. Sec. 13-69. WHEAT RIDGE CITY CODE . Removal of designation as restricted parking area. Violation. Penalty. Permit cancellation. e . e . 848 . e . . . MOTOR VEHICLES AND TRAFFIC ~ 13.6 except a designated parking lot when used for that purpose, unless such operation is specifically permitted by written permis- sion of the district superintendent of schools or his designated representative. (4) On any private property within the city except private parking lots open to the public, unless by specific written permis- sion of the owner or designated represen- tative of the owner of such property to the individual operating the vehicle. All written pennission from owner, city adminis- trator or his designated representative specified herein must be in the possession of the person operating a motor vehicle in prohibited areas during the time of such operation. (Code 1977, ~ 12-6) Sec. 13-6. Safety standards and specifica- tions. (a) Adopted. The "Rules and Regulations Gov- erning the Safety Standards and Specifications of All Commercial Vehicles," as promulgated by the Colorado Department of Public Safety, and as the same may be amended from time to time, are hereby adopted. Copies of said rules and regula- tions are available for inspection at the office of the city clerk. (b) Penalties. Any person, firm or corporation violating any of the provisions of subsection (a) of this section or Part 5 of the Model Traffic Code for Colorado Municipalities, as amended, upon a plea of guilty or no contest, or upon a conviction thereof, shall be fined in a sum not to exceed nine hundred ninety-nine dollars ($999.00) for each violation. In the alternative, any person, firm or corporation violating any of the provisions of subsection (a) of this section or Part 5 of the Model Traffic Code, as amended, may be fined a penalty assessment fme of seventy-five dollars ($75.00) for each violation. Each and every day which a violation is permitted to exist shall con- stitute a separate and distinct offense. The pen- alties herein shall not preclude the city from initiating any other action to abate or prevent the occurrence of any violation of the provisions spec- ified in this section. Supp. No. 18 (c) Immobilization. Police officers are hereby authorized to immobilize, impound or otherwise direct the disposition of commercial vehicles when it is determined that the motor vehicle or opera- tion thereof is unsafe and when such immobiliza- tion, impoundment or disposition is appropriate under the "Rules and Regulations Governing the Safety Standards and Specifications of All Com- mercial Vehicles," as promulgated by the Colo- rado Department of Safety, and as the same may be amended from time to time. (d) Excess weight-Penalty assessment. Anyper- son who pleads guilty or is convicted of violating the weight limitations of either section 507 or section 508 of the Model Traffic Code, as amended, shall be subject to the penalties of subsection (b) of this section and for each axle and/or gross weight violation an additional penalty assess- ment fme according to the following schedule: Excess Weight in Pounds Penalty Assessment Fine Amount 1 to 3,000 3,001 to 4,250 4,251 to 4,500 4,501 to 4,750 4,751 to 5,000 5,001 to 5,250 5,251 to 5,500 5,501 to 5,750 5,751 to 6,000 6,001 to 6,250 6,251 to 6,500 6,501 to 6,750 6,751 to 7,000 7,001 to 7,250 7,251 to 7,500 7,501 to 7,750 7,751 to 8,000 8,001 to 8,250 8,251 to 8,500 8,501 to 8,750 8,751 fo 9,000 9,001 to 9,250 9,251 to 9,500 9,501 to 9,750 9,751 to 10,000 10,001 to 10,250 10,251 to 10,500 $ 50.00 65.00 80.00 95.00 110.00 125.00 140.00 155.00 170.00 185.00 210.00 235.00 260.00 285.00 325.00 365.00 405.00 445.00 495.00 545.00 595.00 645.00 705.00 765.00 825.00 885.00 920.00 857 ~ 13-6 WHEAT RIDGE CITTCODE Excess Weight in Pounds Penalty Assessment Fine Amount 10,501 to 10,750 10,751 to 11,000 11,001 and over 955.00 990:00 999.00 (Ord. No. 1990-842, ~ 3, 9-24-90; Ord. No. 1996- 1063,_~ 1, 1-13-97) Sec_ 13-7. Reserved. Editor's note-Section 2 of Ord. No. 1996-1032, adopted June 24, 1996, repealed ~ 13-7, which pertained to driving through private property or driveways, and derived from Ord. No. 1991-879, ~ 1, adopted Oct. 14, 1991. Sec_ 13-S.uParking in alleys. (a) No person shall park a vehicle within an alley except during the necessary and expeditious loading and unloading of merchandise or freight. (b) No person shall stop, stand or park a vehi- cle within an alley in such a position as to block the driveway entrance to any abutting property. (c) A violation of this section constitutes a traffic infraction the violation of which is subject to the provisions and penalties of section 1701 of the 1995 edition of the Model Traffic Code as amended. (Ord. No. 1996-1063, ~ 2, 1-13-97) Secs. 13-9-13-20. Reserved. ARTICLE II. VEmCLE EMISSION CONTROL Sec. 13-21. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Air contaminant (pollutant) shall mean any fume, odor, smoke, particulate matter, vapor, gas or any combination thereof, but not including water, vapor or steam condensate. Chief of police shall mean the chief of police of the city's police department, or his designee. Supp. No. 18 Cold engine start up shall mean initial start up of an engine until it reaches normal operating temperature as suggested by manufacturer's spec- ifications. Emission shall mean the discharge or release of one (1) or more air contaminants into the atmosphere. Emit shall mean to discharge, release, or to permit or cause the discharge or release of one (1) or more air contaminants into the atmosphere. Engine shall mean any internal combustion machine such as found in motor vehicles, aircraft, watercraft, locomotives, and stationary power units which utilizes gas or liquid fuel for combustion energy. Licensed repair garage shall mean an inspec- tion and readjustment station as defined by sec- tion 42-4-307, C.R.S. Opacity shall mean the degree to which an air contaminant emission obscures the view of a trained observer, expressed in percentage of the obscuration, or the degree (percentage) to which transmittance of light is reduced by an air con- taminant emission. Owner shall mean the person or entity who holds or possesses title to any vehicle or other means of transportation, conveyance or machine whose engine is emitting air contaminants as described herein. Qualified observer shall mean a person who is certified by the state department of health to be trained in the area of odor ancl/or opacity identi-. fication of air pollutants. Vehicle shall mean any device which is capable of moving itself, or of being moved, from place to place upon wheels and which contains an engine. (Code 1977, ~ 12-10) Sec. 13-22. Violation and penalty. Any person owning ancl/or operating a vehicle not in compliance with the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty not to exceed five hundred dollars ($500.00). Sep- arate incidents shall constitute separate viola- 858 . e . . . . e . . . MOTOR VEHICLES AND TRAFFIC ~ 13-26 tions, which may be separately and individually punished, except no such incident shall constitute a separate violation if said subsequent incident occurs within the time period described in section 13-27 hereof. Authority is expressly provided to the judge of the municipal court to reduce or to suspend all or any part of fmes in the event that the person charged with the violation provides proof to the court that the vehicle which emitted the pollutant resulting in the violation has been repaired as provided in section 13-27 hereof. (Code 1977, g 12-16) Cross reference-Definitions and rules of construction generally, ~ 1-2. Sec. 13-23. Enforcement by qualified observ- ers. The provisions of this article shall be enforced by qualified observers, who are defined as persons certified by the state department of health to be trained in the area of odor and/or opacity identi- fication of air pollutants. Any such qualified ob- server may exercise his discretion and issue a warning rather than a summons. Any warning so issued shall notify the individual of the nature of the violation and recommend that the cause of the violation be remedied as soon as possible. No other person may stop a vehicle for a violation of this article, or make an arrest for a violation of this article, unless such person is so empowered bylaw. (Code 1977, g 12-15) Sec_ 13-24. Misrepresentation. (a) It shall be unlawful for any person to misrepresent or give any false or inaccurate in- formation or in any other way attempt to deceive a licensed repair garage or the qualified observer in order to avoid compliance with the provisions of this article. (b) It shall be unlawful for any licensed repair garage or its agents to misrepresent any fact, falsely certify any repair or in any other way attempt to mislead the qualified observer into believing that air pollution standards are being met. (Code 1977, g 12-14) Supp. No. 18 Sec. 13-25. Diesel-powered engines. No person shall cause to be emitted into the atmosphere from any vehicle with a diesel- powered engine any visible emission for a period greater than ten (10) consecutive seconds, which is of forty (40) percent opacity, or greater. Such emissions that are a direct result of cold engine startup to reach a normal operating temperature shall be exempt. Regardless of who is operating a vehicle at the time of violation of this article, it is the legal responsibility of the owner thereof to provide for compliance with the provisions of this article. Any summons issued for violation of this section shall likewise be issued to the owner of the vehicle. (Code 1977, g 12-11) Sec. 13-26. Gasoline-powered engines. No person shall cause to be emitted into the atmosphere from any vehicle with a gasoline- powered engine any visible emission. Such emis- sions that are a direct result of cold engine startup to reach a normal operating temperature shall be exempt. Regardless of who is operating a vehicle at the time of violation of this article, it is the legal responsibility of the owner thereof to provide for compliance with the provisions of this article. Any summons issued for violation of this [The next page is 863 J 859 . . . . . MOTOR VEHICLES AND TRAFFIC ~ 13-1 ARTICLE I. IN GENERAL Sec. 13-1. Standard manual. (a) Adopted. The city does hereby adopt, by reference, the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways," and other related standards is- sued or endorsed by the federal highway admin- istrator, except as specifically amended hereby. Copies of such manual shall be available from the department of public works, which shall maintain in its offices no less than three (3) current copies, any of which may be purchased by members of the general public for a price to be established by the department of public works. (b) Amendments. The provisions relating to war- rants for stop signs and/or traffic-control devices which are listed in the traffic manual adopted in subsection (a) hereof specified in the preceding section are hereby amended by the adoption of the following standards which shall be applicable to all streets and highways within the city, with the city council specifically acknowledging that Stan- dard No.5 set forth herein is applicable solely to local streets, being defined as streets which are not state highways or county highways: (1) Intersection of a less important road with a main road where application of the normal right-of-way rule is unduly hazardous: This warrant indicated that stop signs should only be placed at intersections that either have high accident rates or where sight distance problems indicate a high potential for accidents. An existing high accident rate would be a location where three (3) or more accidents have occurred during a twelve-month period of the type susceptible to correction by the installation of a stop sign, each accident involving a personal injury or property damage greater than one hundred dollars ($100.00) aggre- gate total. A location with a high potential "for accidents will be determined based upon Figure 2-5a and Figure 2-5b of the "Traffic Control Service Handbook" and the proce- dure therein listed. Supp. No. 17 (2) Street entering a through highway or street: This warrant is applicable where a local street enters a higher volume collector or arterial street. Traffic volume on the through street would be greater than five thousand (5,000) average annual daily traffic. (3) Unsignalized intersection in a signalized area: This warrant refers to streets which have frequent signals (four (4) per mile or more). This is primarily intended to assure smooth traffic flow through coordinated traffic sig- nal systems. (4) Other intersections where a combination of high speed restricted view, and serious accident record indicates the need for con- trol by the stop sign: This warrant covers areas which do not meet the other warrants, yet exhibit seri- ous accident records (personal injury and/or fatalities) which may be correctable by the installation of a stop sigu. (5) Other intersections on local streets (being defined as streets which are not state high- ways or streets maintained by the state or county) where the reasonable possibility or potential for accident exists and indicates the need for control by the stop sign or traffic-control signal devices: For the purposes of this section, the phrase "reasonable possibility or potential for accident" shall be determined by a con- sideration of pedestrian safety, sight dis- tance, speed and neighborhood safety con- siderations. This warrant covers areas which do not meet other warrants yet exhibit the reasonable possibility or potential for acci- dent, based upon the factors described above, which may be correctable by the installa- tion of a signal. (c) Review for compliance; requests for place- ment or removal; appeals. All traffic regulatory signs and control devices shall be reviewed by the director of public works or his designee for com- pliance with the warrants stated in subsection (b) above. Any requests for placement or removal of regulatory signs (being defined as stop or yield 849 ~ 13-1 WHEAT RIDGE CITY CODE signs) shall be completed by any person request- ing review, and review shall be made by the public works director, or his designee, indicating what criteria or warrants as specified above have been met, or not met, which review shall contain a recommended action to be taken. All such recom- mendations shall be submitted to the street com- mittee of the city council, which shall review and discuss the recommendation. Any person ag- grieved by the decision ofthe city council's street committee to approve or disapprove said recom- mendation may appeal such decision to the city council for the purpose of obtaining a final deci- sion from the city council. It is expressly stated herein that the appeal process shall relate only to Warrant No. (5) specified in subsection (b). (Code 1977, ~~ 20-35-20-37) Charter reference-Adoption by reference, S 5.16. State law reference-Adoption by reference. C.R.S. S 31-16-201 et seq. Sec. 13-2. Model Traffic Code. (a) Adopted. Pursuant to Title 31, Article 16, Parts 1 and 2, C.R.S., there is hereby adopted by reference Articles I and II, inclusive, of the 1995 edition of the Model Traffic Code for Colorado Municipalities, promulgated and published as such by the Colorado Department of Transportation, Staff Traffic and Safety Projects Branch, 4201 East Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the city. The purpose ofthis article and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally confonuing to similar regulations throughout the state and the nation. Three (3) copies of the Model Traffic Code adopted herein are filed in the office of the city clerk and may be inspected during regular business hours. The 1995 edition of the Model Traffic Code is adopted as if set put at length, with amendments as set forth herein. (b) Amendments. The 1995 Model Traffic Code is subject to the following additions or modifica- tions: (1) Section 501, concerning the penalty for size and weight violations, is hereby amended to read as follows: "501. Size and weight violations. Supp. No. 17 "(1) Except as provided in this Part 5, it is a traffic iJ:rl':raction for any person to drive or move or for the owner to cause or knowingly penuit to be driven or moved on any street or highway . within the city any vehicle or vehicles of a size or weight exceeding the limitations set forth in this Part 5. "(2) The provisions of subsection (1) of this section 501 s!1all not apply to fire apparatus, mobile machinery, self-propelled construction equipment, or to implements of husbandry tem- porarily moved upon a city-maintained street or to a vehicle operated under the tenus of a special penuit issued pursuant to section 510 of the Model Traffic Code." (2) Subsection 507(3), concerning wheel and axle loads of self-compactor vehicles, is hereby amended to read as follows: "(3) Vehicles equipped with a self-compactor and used solely for the transportation of trash are exempted from the provisions of paragraph (b) of subsection (2) of this sectiol\ only when such vehicles are travelling on a state-main- tained secondary state highway within city limits." (3) Section 509, el\titled ''Vehicles weighed- Excess removed," is hereby amended by the . addition of a new subsection (4), which subsection shall read as- follows: "(4) In the event that a police officer or other city employee must take any action in shifting or removing any portion of an excess load, the driver and/or owner of such vehicle shall reim- burse the city for the officer's or employee's efforts in removing or shifting such load at the rate of one hundred dollars ($100.00) per hour or a minimum of one hundred dollars ($100.00) for any efforts- lasting less than one (1) hour." (4) Subsections (a) through (f}ofSection.ll01(2) of the Model Traffic Code, concerning speed limits, are hereby repealed and a new Sub- section (a) is added to read as follows: "(a) TwentY-flve (25) miles per hoqr on all streets within the City of Wh",,,t ~idge boul\d- aries unless otherwise posted." 850 . . . . . . e . . . MOTOR VEHICLES AND TRAFFIC ~ 13-2 (5) Subsection (4) of Section 1101 of the Model Traffic Code, concerning speed limits, is hereby repealed and a new subsection (4) is added to read as follows: "(4) The speed limits specified in subsection (2) hereof shall be considered maximum lawful speed limits and not prima facie speed limits." (6) Section 1203, concerning parking, is hereby amended by the addition of the following language: "1203. Parking of major vehicles. "(1) It shall be unlawful for any person to park or store, or allow the parking or storing of, a major vehicle upon any dedicated public street or road, or private drive, street or road, or public right-of-way or easement or park within the City of Wheat Ridge, except as hereinafter specified. "(2) For the purposes of this section 1203, 'major vehicle' is defined as any vehicle: "(a) Eight (8) feet or more in width, and/or "(b) Twenty-five (25) feet or more in length, or "(c) Regardless of size, a truck tractor or semi -trailer, or "(d) Any vehicle licensed in the State of Colorado, or required to be licensed by the Colorado Department of Motor Ve- hicles in Colorado, or, if not a Colorado vehicle, which would otherwise be re- quired to be licensed by the Depart- ment of Motor Vehicles in Colorado under any of the categories COMM, GTM, Metro, apportioned, or farm. "(3) Notwithstanding the foregoing provi- sions, the following exceptions apply to the provisions of this section 1203: "(a) Any major vehicle in immediate and active use, or in the process of actively being loaded or unloaded; "(b) Fire trucks, ambulances, emergency rescue vehicles, tow trucks, and other emergency vehicles in use; "(c) Passenger buses or vehicles owned or operated by regulated or governmental Supp. No. 17 or quasi-governmental corporations or entities or agencies or public or private schools and/or churches; provided, that said buses or vehicles are parked on the property owned by the governmen- tal or quasi-governmental corporation or entity or agency, or church or school; "(d) Motor homes or recreational vehicles if parked or stored upon the property of the owner, or if said vehicles are owned by one other than the property owner where parked, if said motor vehicles or recreational vehicles are stored or parked on said private property with the knowledge and consent of the prop- erty owner; provided that no more than two (2) such vehicles are stored on any such lot or parcel at anyone (1) time, and said vehicle is parked six (6) feet or more inside the front property line; except that, for the purpose of allowing the loading or unloading of any motor home or recreational vehicle, such mo- tor home or recreational vehicle may be lawfully parked on a public street directly in front of the property of the owner of the vehicle, or directly in front of the property of the person or persons being visited by the owner or operator of the vehicle, for a maximum period of seventy-two (72) hours, no more frequently than once in each two- week period; "(e) Passenger or other vans or pickup trucks bearing COMM, Metro, or farm license plates if the vehicle in question is used by the owner as a personal transportation vehicle when the same is not being utilized for business or commercial purposes; "(D Any major vehicle parked in or upon property upon which a special use per- mit is granted authorizing the parking of commercial semitrailers and trailers pursuant to the zoning ordinance; "(g) Any equipment, implements, machin- ery, and/or large trucks, trailers and/or semi-tractor trailers authorized pursu- ant to the zoning ordinance; 851 ~ 13-2 WHEAT RIDGE CITY CODE "(h) Any maj or vehicle parked or stored upon property wherein the use or stor- age of said major vehicle is related to the transportation needs of the busi- ness conducted on such property; "(i) No provision of section 1203 of this code shall apply upon state highways within this municipality. "(4) Enforcement. Notwithstanding any other provisions of this Model Traffic Code or of the Wheat Ridge City Code, any major vehicle as defined herein which is parked or stored in violation of the provisions of section 1203 ofthis code shall be subject to being towed and stored, at the owner's sole expense, by a towing con- tractor selected by the chief of police of the City of Wheat Ridge. The towing of illegally parked vehicles is necessary to eusure traffic and pe- destrian safety by removing the view impedi- ment created by the illegally parked major vehicles. In addition to the right to tow said illegally parked major vehicles, authority is granted to impose administrative charges upon the owner or operator of said illegally parked vehicle, or the owner of property allowing or permitting such illegal parking, subject to the following requirements: "(a) 'Ib defray the cost of enforcement of this provision, a charge of fifty dollars ($50.00) shall be imposed for the first offense, one hundred dollars ($100.00) for the second offense, two hundred dollars ($200.00) for the third offense, and three hundred dollars ($300.00) for the fourth or subsequent offenses; "(b) Any person subjected to said adminis- trative charges who objects thereto shall be entitled to either: "1. Request a hearing before the mu- nicipal court referee appointed pur- suant to section 14-10 of the Wheat Ridge Code of Laws, which hear- ing shall be held no less than sev- enty-two (72) hours after the mak- ing of said request; or "2. Have a summons and complaint issued directing such person to appear in the Wheat Ridge Munic- Supp. No. 17 ipal Court to answer charges of violating section 1203 of this code. If found guilty in the Wheat Ridge Municipal Court of such charges or if a guilty plea is entered, the court shall impose fines as speci- fied in subsection 1203( 4)(a) herein. "(c) No vehicle shall be released from stor- age after towing unless and until all towing and storage charges have been paid, and all administrative charges specified in this section 1203 have been paid, or evidence is presented by the Wheat Ridge Police Department in the municipal court that the rights granted under section 1203(4)(b)(2) ofthis code have been invoked. In the event any towing is found to be improper all costs for towing and storage shall be reim- bursed by the city to the owner." (7) Section 1204, concerning stopping, stand- ing or parking in specified places, shall be modified by the addition of subsection 1204(1)(1) to read as follows: "(1) Within designated and marked emer- gency access lanes so as to obstruct such access lanes anywhere within the municipality of the City of Wheat Ridge, whether upon public or private property, except emergency vehicles (i.e., police cars, fire department vehicles, ambu- lances, EMT vehicles, etc.) during the answer- ing of an emergency call." (8) Section 1208, concerning parking privi- leges for persons with disabilities, is hereby amended by deleting Subsection (7) and amending the language of subsections (5) and (6) to read as follows: "(5) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with direc- tions of a police officer, in a zone that is desig- nated as a handicapped parking area in a manner which obstructs or may obstruct the use of the designated handicapped parking area by a vehicle with distinguishing license plates or by a vehicle with an identifYing placard indicating that the occupant of said vehicle is a person with a disability as defined herein un- 852 . . . . . . e . e . MOTOR VEffiCLES AND TRAFFIC ~ 13-2 less the vehicle has a distinguishing license plate or an identifying placard indicating that the occupant of said vehicle is a person with a disability. "(6) Any person convicted of violating any provision of this section commits a traffic in- fraction and is subject to the following penal- ties: Afine of not less than fifty dollars ($50.00), nor more than three hundred dollars ($300.00). In enforcing this section of this code, the mu- nicipal court shall not have the authority to suspend all or any part of any fine for violation hereof so as to result in a fine of less than fifty dollars ($50.00), it being the intent of the city council of the City of Wheat Ridge that this section of the code be strictly and diligently enforced so as to provide adequate parking for persons with disabilities free from interference by those not so disabled." (9) Section 1407 of the Model Traffic Code, concerning spilling loads on highways is amended to read as follows: "1407. Spilling loads on streets or highways prohibited. "(1) No vehicle shall be driven or moved on any street or highway unless such vehicle is constructed or loaded or the load thereof se- curely covered to prevent any of its load from dropping, sifting, leaking or otherwise escap- ing therefrom; except that sand may be dropped for the purpose of securing traction, or water or other. substance may be sprinkled on a road- way in cleaning or maintaining such roadway. "(2) Violation of this section constitutes a traffic infraction. In the event that a vehicle unlawfully spills its load on public property, the driver and/or owner of such vehicle shall be liable to the city for any damages caused by such spill. In addition, if city employees must take any action in removal or mitigation of such a spill, the driver and/or owner shall also reimburse the city or its employees' removal or mitigation efforts at the rate of one hundred dollars ($100.00) for any response lasting less than one (1) hour." Supp. No. 22 (10) Section 1410 shall be modified by the addition of the following language: "1410. Driving within bike lanes. "(1) It shall be unlawful for the driver of any motor vehicle to drive such vehicle within the boundaries of posted bicycle pathways except under the following conditions: "(a) As may be necessary to execute an otherwise lawful turn; or "(b) As may be necessary in an emer- gency or in compliance with direc- tions of a police officer. "(2) A driver of any motor vehicle who shall drive his vehicle into a bicycle pathway in accordance with one (1) of the exceptions pro- vided above in subsection (1) shall operate his motor vehicle with such degree of skill and care as is necessary to avoid colliding with any person or object within the bicycle pathway." (11) Part 14, concerning other offenses, is hereby amended by the addition of a new section 1415, which section shall read as follows: "1415. Driving through private property or driveways. "(1) It is unlawful for any person to drive from a public street or public way of this city over, across or through any private driveway to avoid traffic-control signals, stop signs or other traffic-control devices or as a route or shortcut from one (1) public street or public way to another. "(2) As used in subsection (1) of this section, 'private property' includes, but is not limited to, any property not dedicated as a public street or public way, alley, right-of-way or easement. "(3) It shall be an affirmative defense to a charge of violating subsection (1) that the per- son charged is the owner of or has a leasehold interest in or an easement on or the right to the possession or use of the property or driveway through or across which the motor vehicle is driven.11 853 * 13-2 WHEAT RIDGE CITY CODE (12) Section 1701 of the Model Traffic Code, concerning the classification of traffic of- fenses and schedule of fines, is hereby amended to read as follows: "(1) Except as set forth herein, it is a traffic infraction for any person to violate any of the provisions ofthis code. Such a traffic infraction shall constitute a civil matter. The Colorado Rules of Municipal Procedure shall apply to traffic infraction proceedings, except that no warrant for arrest shall be issued for the defendant's failure to appear when the only violation charged would constitute a noncrim- inal traffic infraction and the defendant's driver's license is issued by the State of Colorado or any other state which participates in the Interstate Nonresident Violator Compact, as codified at C.R.S. S 24-60-2101. Instead, the court may enter a judgment of liability by default against the defendant for failure to appear, assess any penalty and costs established by law and report the judgment to the appropriate state motor vehicle department which may assess points against the defendant's driver's license and may take appropriate action to ensure that the judgment is satisfied. There is no right to a trial by jury for any noncriminal traffic infrac- tion. "(2) The following violations constitute crim- inal traffic offenses: "(a) A violation of section 1101 involving driving twenty-five (25) or more miles in excess of the lawful speed limit. "(b) A violation of section 1101(8)(a) in- volving driving twenty-five (25) miles or more in excess of the speed limit on any interstate highway. "(c) Violations of sections 1105 (speed contests), 1401 (reckless driving), 1402 (careless driving), 1409 (failure to show compulsory insurance), 1413 (eluding a police officer), 1703 (aid- ing and abetting a traffic offense) and 1903 (failing to stop for a school bus) of the Model Traffic Code, as amended. Supp. No. 22 "(3) Traffic infractions as provided in this code shall be subject to the following penalties: "Minimum Penalty Maximum Penalty "Fine of $25.00 Fine of $1,000.00 "Court costs as authorized by state law shall be added to the fine. "(4) Criminal traffic offenses as pro- vided in this code shall be subject to the following penalties: "Minimum Sentence Maximum Sentence "1 day imprison- 1 year imprisonment or ment or a fine of a fine of $1,000.00, or $10.00, or both both "Court costs as authorized by state law shall be added to the fine." (13) Section 1709 of the Model Traffic Code, concerning penalty assessment notices, is amended by the addition of new subsec- tions (6) arid (7), which subsections shall read as follows: "(6) Payment of a penalty assessment notice by the person to whom the notice is tendered shall constitute an acknowledgment of guilt by such person of his or her violation of the offense stated in such notice. "(7) Payment of the prescribed fine shall be deemed a complete satisfaction for the viola- tion, and the city, upon accepting the pre- scribed fine, shall issue a receipt to the violator acknowledging payment thereof if requested. Checks tendered and accepted and on which payment is received shall be deemed sufficient receipt." (14) Part 14, concerning other offenses, is hereby amended by the addition of a new section 1416, which section shall read as follows: "1416. Traffic Violations Committed in Certain Zones "(1) Any person who commits a moving traf- fic violation in a school, maintenance, repair, or construction zone, which zone has been marked or posted as such, is subject to double the 854 . e . e . l- ie . e - MOTOR VEHICLES AND TRAFFIC ~ 13-3 amount of penalty and surcharge imposed. For the purposes of this section, "school zone" means an area that is designated as a school zone with signs posted on the public right-of-way. If the penalty and surcharge has been doubled be- cause a violation occurred within a highway maintenance, repair, or construction zone which was also a designated school zone, the penalty and surcharge shall not be doubled twice." (c) Purpose; rules of interpretation. This sec- tion shall be so interpreted and construed as to effectuate its general purpose tn make uniform the local traffic regulations contained herein. The purpose of this section and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally conform- ing to similar regulations throughout the state and nation. Article and section headings of this section and adopted Model Traffic Code shall not be deemed tn govern, limit, .modify or in aIlY manner affect the scope, meaning or extent of the provisions of any article or section thereof. (d) Application. ';!'he provisions of the adopted Model Traffic Code, as amended, shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public parking area, either within or outside the corporate limits of this city, the use of which this city has jurisdic- tion and authority to regulate. The provisions of sections 606, 1204, 1208, 1211, 1401, 1402, 1409 and 1413, of the adopted Model Traffic Code, respectively, concerning unauthorized devices, park- ing, parking for persons with disabilities, limita- tions on backing, reckless driving, careless driv- ing, failing tn show compulsory insurance and eluding an officer shall apply not only tn public places and ways, but also throughout this city. (e) Penalties. Except as otherwise provided in sections 13-6(b) and (d), any person convicted of any violation of the provisions of this chapter shall be subject to penalties as set forth in section 1701 of the Model Traffic Code, as amended. (Code 1977, gg 12-1-12-5; Ord. No. 1989-793, g 1, 5-8-89; Ord. No. 1989-810,~ 2, 10-9-89; Ord. No_ 1990-842, gg 1,2,9'24-90; Ord. No. 1991-857, g 1, 2-7-91; Ord. No. 1994-965, g 1,6-27-94; Ord. No. 1995-1001, g 1, 5-8-95; Ord. No. 1996-1032, g 1, 6-26-96; Ord. No. 1998-1120, g 8, 6-8-98; Ord. No. 1998-1130, gg 1, 2, 9-14-98) Charter reference-Adoption by reference, ~ 5-16. State law reference-Adoption by reference authorized, C.R.S. ~ 31-16-201 et seq. Supp. No. 22 Sec. 13-3. Certification of emissions control required. (a) It shall be unlawful for any person tn drive, stop, park, or for the owner or a person in charge of a vehicle tn cause or knowingly permit to be driven, stopped or parked on any street or high- way within the city, any vehicle which is required under the laws of the state to be inspected pursu- ant to the automobile inspection and readjust- ment program, established pursuant to C.RS_ g~ 42-4-306.5 to 42-4-316, or as same may be amended from time to time, unless such vehicle has been inspected at an authorized inspection station and has attached thereto in proper position a valid and unexpired certification of emissions control as required by the laws of the state. (b) In any prosecution for an alleged violation of any ofthe provisions of this section, proof that the vehicle described in the complaint was driven, parked or stopped in violation of this section, tngether with proof that the defendant named in the complaint was, at the time of such driving, stnpping, or parking, a registered owner of the vehicle, shall constitute prima facie evidence that the defendant was the person who drove, parked, stnpped, or knowingly permitted to be driven, stnpped, or parked, such vehicle at the place where, and for the time which such violation occurred. (c) Any person who violates any provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars ($25.00) or more than three hundred dollars ($300.00). (d) Any law enforcement officer observing a vehicle in the city which is in apparent violation of this section, may place upon such vehicle, or serve upon the owner or operator of any such vehicle: (1) A summons and complaint; or (2) A penalty assessment notice indicating the offense and directing the owner or operator of such vehicle to either remit a penalty assessment of twenty-five dollars ($25.00) tn the city or to appear at the municipal court violations bureau within 855 ~ 13-3 WHEAT RlDGE C1TY CODE seven (7) days of the date of issuance of the penalty assessment notice to begin proceedings to protest the charge. (Code 1977, ~ 12-7) Sec. 13-4. Incorrect registration of a motor vehicle. (a) Definitions. In this section: (1) City treasurer shall mean the elected trea- surer of the city or his designee. (2) Penalty assessment notice means the writ- ten notice of the city treasurer's determi- nation that a violation of C.R.S. ~ 42-6- 137(2), has occurred and assessment and demand for the payment of the civil pen- alty provided for in subsection (3) of this section. (3) Notice of deficiency means the notice is- sued by the city treasurer pursuant to section 22-43 of this Code for failure, neglect or refusal to pay any sales or use tax due or any penalties or interest thereon. (b) Registration in violation of state law pro- hibited. No person shall register a motor vehicle in violation of the provisions of C.R.S_ ~ 42-6- 137(2). (c) Penalty; procedure for assessment. Aperson who registers a motor vehicle in violation of the provisions of C.R.S. section 42-6-137(2), shall be subject to a five hundred dollar ($500.00) civil penalty pursuant to the authority granted in C.R.S. ~ 42-6-137(4). The procedure for the assess- ment of such civil penalty shall be as follows: (1) When the city treasurer determines on such information as is available that a person has registered a motor vehicle in violation of the provisions of C.R.S. .~ 42-6-137(2), the city treasurer shall pro- vide to such person a penalty assessment notice. Ifthe city treasurer also has deter- mined pursuant to section 22-43 of this Code that sales or use tax as is due to the city on such motor vehicle, such penalty assessment notice shall be included in the notice of deficiency. Supp. No. 22 (2) Such person shall pay such civil penalty within the same time period provided pursuant to section 22-43 for payment of -any amounts due pursuant to the notice of deficiency, unless such person files a writ- ten protest pursuant to paragraph (3) of this subsection. (3) If such person desires to protest the pen- alty assessment notice, such person shall file a written protest with. tlie city trea- surer within the time period provided pursuant to section 22-43 for protesting a notice of deficiency. The protest shall set forth the facts which show that a violation of C.R.S. ~ 42-6-137(2), did not occur. The city treasurer shall issue a written deci- sion affirming or withdrawing such pen- alty assessment notice within the same time period and in the same manner as provided pursuant to section 22-43 on a protest on a notice of deficiency. If the decision affirms the p<:,nalty assessment notice, such persons shall pay such civil penalty within the time period provided for payment of a final assessment pursu- ant to section 22-43_ (4) Such person may seek judicial review of the city treasurer's decision pursuant to C.R.C.P. 106(a)(4). No such judicial re- view shall be available if a written protest was not timely flled in the manner pro- vided for in paragraph (3) above. (5) The city treasurer may enforce collection of the civil penalty provided for in this subsection (c) in the manner provided in section 22-43 of the Wheat Ridge City Code for the collection of unpaid sales or use taxes, penalties or interest. (d) Violation and penalty. Any person violating any of the provisions of this section shall be suQject, upon conviction of said violation, to a fine not to exceed nine hundred ninety-nine dollars ($999.00). In addition, nothing in this section shall be deemed to preclude the collection of any tax or fee or penalties or interest thereon pro- vided by law, or the imposition of any other civil or criminal penalty provided by law. Authority is 856 . e . . . . Ie . e . MOTOR VEHICLES AND TRAFFIC ~ 13-5 specifically granted to the court to impose both a criminal fine and a civil penalty for violation of the provisions hereof. (Code 1977, ~~ 12-8, 12-9) Sec. 13-5. Prohibited areas for operation of motor vehicles. (a) Definitions. As used in this section, the term "motor vehicle" shall mean any self-pro- pelled vehicle which is capable of moving from place to place on wheels and which is designed to transport persons and property. (b) Restriction. It shall be unlawful for any person to operate a motor vehicle in any of the following places without first obtaining the per- mission or authorization hereinafter required: (1) On any property owned by the city, except public rights-of-way and parking lots, un- less such property is specifically posted for such operation. (2) Upon or within any city park property or other recreational facility within the city, except in an area specifically posted for such use, or except when such operation is specifically permitted by written permis- sion of the city administrator or his des- ignated representative. (3) On any property owned by a school dis- trict or any public school grounds or cam- pus Supp. N Q. 22 856.1 . e . . . MOTOR VEHICLES AND TRAFFIC ~ 13-6 except a designated parking lot when used for that purpose, unless such operation is specifically permitted by written permis- sion of the district superintendent of schools or his designated representative. (4) On any private property within the city except private parking lots open to the public, unless by specific written permis- sion of the owner or designated represen- tative of the owner of such property to the individual operating the vehicle. All written permission from owner, city adminis- trator or his designated representative specified herein must be in the possession of the person operating a motor vehicle in prohibited areas during the time of such operation. (Code 1977, ~ 12-6) Sec. 13-6_ Safety standards and specifica- tions. (a) Adopted. The "Rules and Regulations Gov- erning the Safety Standards and Specifications of AH Commercial Vehicles," as promulgated by the Colorado Department of Public Safety, and as the same may be amended from time to time, are hereby adopted. Copies of said rules and regula- tions are available for inspection at the office of the city clerk. (b) Penalties. Any person, firm or corporation violating any ofthe provisions of subsection (a) of this section or Article XVIII of the Model Traffic Code for Colorado Municipalities, as amended, upon a plea of guilty or no contest, or upon a conviction thereof, shall be fined in a sum not to exceed nine hundred ninety-nine dollars ($999.00) for each violation. In the alternative, any person, firm or corporation violating any of the provisions of subsection (a) of this section or Article XVIII of the Model Traffic Code, as amended, may be fined a penalty assessment fine of seventy-five dollars ($75.00) for each violation. Each and every day which a violation is permitted to exist shall con- stitute a separate and distinct offense. The pen- alties herein shall not preclude the city from initiating any other action to abate or prevent the occurrence of any violation of the provisions spec- ified in this section. Supp. No. 17 (c) Immobilization. Police officers are hereby authorized to immobilize, impound or otherwise direct the disposition of commercial vehicles when it is determined that the motor vehicle or opera- tion thereof is unsafe and when such immobiliza- tion, impoundment or disposition is appropriate under the "Rules and Regulations Governing the Safety Standards and Specifications of All Com- mercial Vehicles," as promulgated by the Colo- rado Department of Safety, and as the same may be amended from time to time. (d) Excess weight-Penalty assessment. Any per- son who pleads guilty or is convicted of violating the weight limitations of either section 18-7 or section 18-8 of the Model Traffic Code, as amended, shaH be subj ect to the penalties of subsection (b) of this section and for each axle and/or gross weight violation an additional penalty assess- ment fine according to the following schedule: Excess Weight in Pounds 1 to 3,000 3,001 to 4,250 4,251 to 4,500 4,501 to 4,750 4,751 to 5,000 5,001 to 5,250 5,251 to 5,500 5,501 to 5,750 5,751 to 6,000 6,001 to 6,250 6,251 to 6,500 6,501 to 6,750 6,751 to 7,000 7,001 to 7,250 7,251 to 7,500 7,501 to 7,750 7,751 to 8,000 8,001 to 8,250 8,251 to 8,500 8,501 to 8,750 8,751 to 9,000 9,001 to 9,250 9,251 to 9,500 9,501 to 9,750 9,751 to 10,000 10,001 to 10,250 10,251 to 10,500 Penalty Assessment Fine Amount $ 50.00 65.00 80.00 95.00 110.00 125.00 140.00 155.00 170.00 185.00 210.00 235.00 260.00 285.00 325.00 365.00 405.00 445.00 495.00 545.00 595.00 645.00 705.00 765.00 825.00 885.00 920.00 857 ~ 13-6 WHEAT RIDGE CITY CODE :Excess Weight in Pounds Penalty Assessment Fine Amount 10,501 to 10,750 10,751 to 11,000 11,001 and over (Ord. No. 199(}-842, ~ li, 9-24-90) 955.00 990.00 999.00 Sec. 13-7. Reserved. Editor's note-Section 2 of Ord. No. 1996-1032, adopted June 24, 1996, repealed ~ 13.7, which pertained to driving through private property or driveways, and derived from Ord. No. 1991-879, ~ 1, adopted Oct. 14, 1991. Secs. 13-8-13-20. Reserved. ARTICLE II. VEmCLli: EMrSSION CONTROL Sec. 13-21. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Air contaminant (pollutant) shall mean any fume, odor, smoke, particulate matter, vapor, gas or any combination thereof, but not including water, varror--or steam condensate. Chief of police shall mean the chief of police of the city's police department, or his designee. Cold engine start up shall mean initial start up of an engine until it reaches normal operating temperature as suggested by manufacturer's spec- ifications. Emission shall mean the discharge or release of one (n or-more air contaminants into the atmo- sphere. Emit shall mean to discharge, release, or to permit or cause the discharge or release of one (1) or more air contaminants into the atmosphere. Engine shall mean any internal combustion machine such a.s found in motor vehicles, aircraft, watercraft, locomotives, and stationary power units which utilizes gas or liquid fuel for combustion energy. Supp. No. 17 Licensed repair garage shall mean an inspec- tion and readjustment station as defined by sec- tion 42-4-307, C.R.S. Opacity shall mean the degree to which an air contatnfuant emission obscures the view of a trained observer, expressed in percentage of the obscuration, or the degree (percentage) to which transmittance of light is reduced by an air con- taminant emission. Owner shall mean the person or entity who holds or possesses title to any vehicle or other means of transportation, conveyance or machine whose engine is emitting air contaminants as described herein. Qualified observer shall mean a person who is certified by the state department of health to be trained in the area of odor and/or opacity identi- fication of air pollutants. Vehicle shall mean any device which is capable of moving itself, or of being moved, from place to place upon wheels and which contains an engine. (Code 1977, ~ 12-10) Sec. 13-22. Violation and penalty. Any person owning and/or operating a vehicle not in compliance with the provisions of this article shall be gnilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty not to exceed five hundred dollars ($500.00). Sep- arate incidents shall constitute separate viola- tions, which may be separately and individually punished, except no such incident shall constitute a separate violation if said subsequent incident occurs within the time period described in section 13-27 hereof. Authority is expressly provided to the judge of the municipal court to reduce or to suspend all or any part of fines in the event that the person charged with the violation provides proof to the court that the vehicle which emitted the pqllutant resulting in the violation has been repaired as provided in se'Ction 13-27 hereof. (Code 1977, ~ 12-16) Cross reference-Definitions and rules of construction generally, ~ 1-2. 858 . . . . . . e . . . MOTOR VEHICLES AND TRAFFIC ~ 13-26 Sec. 13-23. Enforcement by qualified observ- ers. The provisions of this article shall be enforced by qualified observers, who are defined as persons certified by the state department of health to be trained in the area of odor anclJor opacity identi- fication of air pollutants. Any such qualified ob- server may exercise his discretion and issue a warning rather than a summons. Any warning so issued shall notify the individual ofthe nature of the violation and recommend that the cause of the violation be remedied as soon as possible. No other person may stop a vehicle for a violation of this article, or make an arrest for a violation of this article, unless such person is so empowered by law. (Code 1977, ~ 12-15) Sec. 13-24. Misrepresentation. (a) It shall be unlawful for any person to mis- represent or give any false or inaccurate infonna- tion or in any other way attempt to deceive a licensed repair garage or the qualified observer in order to avoid compliance with the provisions of this article. (b) It shall be unlawful for any licensed repair garage or its agents to misrepresent any fact, falsely certify any repair or in any other way attempt to mislead the qualified observer into believing that air pollution standards are being met. (Code 1977, ~ 12-14) Sec. 13-25. Diesel-powered engines. No person shall cause to be emitted into the atmosphere from any vehicle with a diesel- powered engine any visible emission for a period greater than ten (10) consecutive seconds, which is of forty (40) percent opacity, or greater. Such emissions that are a direct result of cold engine startup to reach a nonnal operating temperature shall be exempt. Regardless of who is operating a vehicle at the time of violation oftbis article, it is the legal responsibility of the owner thereof to provide for compliance with the provisions of this Supp. No. 17 article. Any summons issued for violation of this section shall likewise be issued to the owner of the vehicle. (Code 1977, ~ 12-11) Sec. 13-26. Gasoline-powered engines. No person shall cause to be emitted into the atmosphere from any vehicle with a gasoline- powered engine any visible emission. Such emis- sions that are a direct result of cold engine startup to reach a nonnal operating temperature shall be exempt. Regardless of who is operating a vehicle at the time of violation of this article, it is the legal responsibility of the owner thereof to provide for compliance with the provisions of this article. Any summons issued for violation of this [The next page is 863J 859 I. . . . . MOTOR VEHICLES AND TRAFFIC ~ 13.41 section shall likewise be issued to the owner of the vehicle. (Code 1977, Ii 12-12) Sec. 13-27. Repair of vehicle. (a) Any individual who is given a summons for a violation of this article shall be required to ap- pear in municipal court on the regular court ar- raignment date next closest to the expiration of thirty (30) days thereafter to answer charges of the violation of this article. Within the period set forth above the person summoned shall either re- pair the vehicle to comply with the provisions of this article or cease operating the vehicle within the city. (b) If prior to the court appearance date, the vehicle which is the subject of the summons is repaired and found to be in compliance with the provisions of this article after a test conducted by a licensed repair garage or a qualified observer as herein defined, the summons shall be dismissed without further proceedings. Such compliance shall be evidenced by an appropriate written doc- ument. The chief of police must be presented a written statement that fully describes the work performed and certifies that the vehicle meets the requirements of this chapter. (c) The qualified observer may, upon request, extend the compliance period for a period of not to exceed fifteen (15) days from the date of request. The court shall be notified of the extension. (Code 1977, Ii 12-13) Sees. 13.28-13-40. Reserved. ARTICLE TII. ABANDONED VEHICLES AND TOWING Sec. 13-41. Definitions. As used in this article: Abandoned motor vehicle shall mean and in- clude: (1) Any motor vehicle left unattended on pri- vate property for a period of twenty-four Supp. No. 15 (24) hours or longer without the consent of the owner or lessee of such property or his legally authorized agent. (2) Any motor vehicle left unattended on any public property including, but not limited to, any portion of a highway, street or public right-of-way within the limits of the city for a period of twenty-four (24) hours or longer unless the owner or driver thereof has con- spicuously affixed thereto a dated notice in- dicating his intention to return or shall have otherwise notified the Wheat Ridge Police of his intention to remove same within seventy-two (72) hours of the dated notice or of such other notice to the Wheat Ridge Police. (3) Any motor vehicle left unattended on any public property including, but not limited to, a street, highway or other public right- of-way within the limits of the city in such a manner or under such conditions as to interfere with the free movement of vehic- ular traffic, or as to interfere with proper street or highway maintenance, or as to in- terfere with the construction or mainte- nance of any public improvement, or threatens public safety. (4) Any motor vehicle stored in a police im- poundment lot at the request of its owner or the owner's agent, or the police depart- ment, and not removed from a police im- poundment lot according to the agreement with the owner or agent or within seventy-two (72) hours of the time the de- partment notifies the owner or agent that the vehicle is available for release upon pay- ment of any applicable charges or fees. If the ~epartment requested the storage, the proVlslOns governing public tows under this article apply as of the time of abandonment and the department shall be deemed the responsible law enforcement agency. Oth- erwise, private tow provisions of any appli- cable Wheat Ridge ordinances or state stat- utes shall apply. Appraisal means a bona fide estimate of reason- able market value made by any motor vehicle dealer licensed in this state or by any employee of 863 ~ 13.41 WHEAT RIDGE CITY CODE the Colorado State Patrol or of the Wheat Ridge Police Department whose appointment for such purpose has been reported by the chief of police to the executive director of the Colorado Depart- ment of Revenue. Chief of police or chief shall mean the chief of the Wheat Ridge Police Department or his des- ignee. City means the City of Wheat Ridge, Colorado. Department means the Wheat Ridge Police De- partment. Disabled motor !lehicle meMS any motor ve- hicle which is stopped or parked, either attended or unattended, upon a public right-of-way and which is, due to any mechanical failure or any inoperability because of a collision, a fIre or any other such damage, temporarily inoperable under its own power. Motor vehicle means any vehicle classifIed as a motor vehicle under the laws of the State of Col- orado. Operator means a person or a fIrm licensed by the public utilities commission as a towing car- rier. Police impound lot or impound lot means and includes any building, enclosure or other parcel of real property designated by the chief or by an ordinance or resolution of the city council for the storage of impounded motor vehicles by the city, and specifically includes privately owned garages or other privately owned locations designated as a police impound lot pursuant to this article, which provide appropriate protection for impounded motor vehicles. Private property means any real property which is not public property. Private tow means any tow of an abandoned motor vehicle not requested by a law enforcement agency. Public property means any real property having its title, ownership, use or possession held by the federal government, this state or any county; mu- nicipality, as defIned in section 31-1-101(6), Colo- rado Revised Statutes, or other governmental en- tity of this state. Supp. No. 15 Public tow me.ans any tow of an abandoned motor vehicle requested by a law enforcement agency. Purchasing agent shall mean the purchasing agent of the city or his designee. Responsible law enforcement agency shall mean: (1) In the case of a public tow, the law enfOrce- ment agency authorizing the original tow of an abancJ.oned mQtor vehicle, whether or not the vehicle is towed to another law en- forcement agency's jurisdiction; (2) In the case of a private tow, the law enforce- ment agency having jurisdiction over the private property where the motor vehicle becomes abandoned. (Ord. No. 1995-994, ~ 2, 4-10-95) Sec. 13-42. Abandonment of motor vehicles. (a) No person shall abandon any motor vehicle upon public property or upon private property within the city. . (h) Any motor vehicle left on private property without the private property owner's consent shall be presumed to be abandoned. In the event a motor vehicle is abandoned on private property, the owner or lessee. of such property or his legally authorized agent may have it removed from his property by having it towed and impounded by an operator chosen and paid by the owner or lessee or a legally authorized agent. (c) Any motor vehicle left unattended within any portion of a highway, street or public right- of-way within the city limits for a period of twenty- four (24) hours shall be presumed abandoned un- less the owner or operator thereof shall have conspicuously affIxed thereto a dated notice indi- cating his intention to return or shall have oth. erwise notifIed the department of his intention to move the same within seventy-two (72) hours. Not- withstanding the foregoing, any such motor ve- hicle shall immediately be presumed abandoned if such vehicle is parked in such a manner or under such conditions as to interfere with the free move- ment of vehicular traffic, or as to interfere with proper street or highway maintenance, or as to interfere with the construction or maintenance of 864 . . . . . . . . . . MOTOR VEIDCLES AND TRAFFIC ~ 13.44 any public improvement, or threatens public safety. Moreover, any such motor vehicle shall immediately be presumed abandoned ifit has been stopped, parked or left standing upon any public street or highway in a manner as to block the driveway or other entrance to any property abut- ting the street or highway. (d) Where possible, a police officer of the depart- ment shall make a bona fide effort to contact the' owner or operator of a vehicle before presuming it is abandoned. (Ord. No. 1995-994, ~ 2, 4-10-95) Sec. 13-43. Removal and impoundment. (a) Whenever any police officer of the depart- ment finds a motor vehicle, attended or unat- tended, standing upon any portion of a street or highway right-of-way or other public place in such a manner as to constitute an obstruction to traffic or proper highway maintenance, or the construc- tion of any public improvement, or threatens public safety, such officer is authorized to cause the motor vehicle to be moved forthwith to elim- inate any such obstruction, and neither the officer nor anyone acting under his direction shall be liable for any damage to such motor vehicle occa- sioned by such removal. (b) Any motor vehicle impounded pursuant to the provisions of sections 22-20 and 22-21 of the Model Traffic Code, 1977 edition, shall be subject to the provisions of sections 13-42 and 13-43 of this article, which sections 13-42 and 13-43 shall take precedence over and supersede any related or inconsistent provisions of the Model Traffic Code. (Ord. No. 1995-994, ~ 2, 4-10-95) Sec. 13-44. Report of abandoned motor ve- hicle. (a) Ascertaining ownership: (1) Upon having an abandoned motor vehicle towed, the department shall ascertain, if possible, whether or not the motor vehicle has been reported stolen, and if so reported, the department shall recover and secure the motor vehicle and notify its rightful owner or the responsible law enforcement agency Supp. No. 15 which has reported the vehicle as stolen and terminate the abandonment proceeding under this article. The department shall have the right to recover from the owner its reasonable costs to recover and secure the motor vehicle. (2) As soon as possible, but in no event later than three (3) working days after having an abandoned motor vehicle towed, the de- partment shall report the same to the Col- orado Department of Revenue by first-class or certified mail or by personal delivery, which report shall be on a form prescribed and supplied by the Department of Rev- enue. Such report shall contain the infor- mation required by section 42-4-1804(1)(c), Colorado Revised Statutes (as amended), or other applicable state law. (3) Upon its receipt of such report, the Depart- ment of Revenue shall ascertain, if pos- sible, the last known owner of record of the abandoned motor vehicle and any lienholder and shall transmit such relevant informa- tion to the department pursuant to section 42-4-1804(2), Colorado Revised Statutes as amended. (b) Notices to owners and interested parties; hear- ings: (1) Should the Department of Revenue report the vehicle as stolen, the department shall notify the rightful owner and the respon- sible law enforcement agency which has re- ported the vehicle as stolen as required by subsection (a)(l) above. Otherwise, the de- partment, within five (5) working days of receiving the report of the Department of Revenue as to the vehicle, shall notify by certified mail, return receipt requested, the owner of record, if ascertained, or the re- sponsible law enforcement agency which has reported the vehicle as stolen and any lienholder, if ascertained, of the fact of such report and the claim, if any, of a lien under section 13-47 and shall send a copy of such notice to the operator. The notice shall con- tain information that the identified motor vehicle has been reported abandoned to the department, the location of the motor ve- 865 * 13-44 WHEAT RIDGE CITY CODE hicle and the location, from which it was towed, and that, unless claimed within thirty (30) calendar days from the date the notice was sent as determined from the post- mark on the notice, the motor vehicle is subject to sale. (2) Such notice shall also inform the owner of record of his opportunity to request a hearing conc~rning the legality of the towing of his abandoned motor vehicle. The notice shall contain hearing information which substantially complies with the fol- lowing: "If there is a question concerning the legality of the towing of the vehicle, a written request for hearing may be made by the owner or lienholder of the towed ve- hicle to the law enforcement agency within ten (10) days of the postmark date of this notice." If the department shall file the re- quest with the Wheat Ridge Municipal Court for a hearing regarding the propriety of the questioned impoundment. If the de- partment does not receive a written hearing request within ten (10) days of the post- marked date of the notice, a lienholder or the owner shall be deemed to have waived the right to a hearing. (3) Upon receipt of a proper hearing request, a hearing shall be conducted before the Wheat Ridge Municipal Court within six (6) days of receipt of a written demand therefor from the person seeking the hearing, unless such person waives the right to a speedy hearing in writing. Saturdays, Sundays and city hol- idays are to be excluded from the calcula- tion of the six-day period. The sole issue before the court shall be whether there was probable cause to impound the vehicle in question. "Probable cause to impound" shall mean such a. state of facts as would lead a person of ordinary care and prudence to be- lieve that there was sufficient breach oflaw to grant legal authority for the removal of the vehicle. The court shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the Supp. No. 15 vehicle. The city shall carry the burden of establishing that there was probable cause to impound the vehicle in question. The burden of proof shall be by a preponderance of the evidence. The decision shall be a fmal decision of the Wheat Ridge Municipal Court. Failure of the registered or legal owner, or its agent, or any lienholder, to request or attend a scheduled post seizure hearing shall be deemed a waiver of the right to such hearing. (4) Upon a determination by the court that the subject vehicle was improperly impounded, the city shall fully reimburse the owner of the impounded vehicle for all towing and storage fees paid by the owner. (5) The hearing and reimbursement provisions contained in this section shall only be ap- plicable to vehicles which have been im- pounded by order of the department. (c) . Duties of operators: (1) Any operator having in his possession any abandoned motor vehicle from a private tow from within the city shall immediately no- tify the chief of police, or his designee, as to the name of the operator and the location of the impoundment lot to which the vehicle has been towed. The operator shall also pro- vide a description of the abandoned motor vehicle, including the make, model, color and year; the number, issuing state, and expiration date of the license plate; and the vehicle identification number. Upon such notifications, the department shall ascer- tain, if possible, whether or not the motor vehicle has been reported stolen and, if so reported, shall notify the responsible law enforcement agency which has reported the vehicle as stolen and terminate any aban- donment proceedings under this article. (2) Any operator shall, as soon as possible, but in no event later than seventy-two (72) hours after the receipt of determination that such motor vehicle has not been reported stolen, report the same to the Colorado De- partment or Revenue by first-class or cer- tified mail or by personal delivery, which 866 . . . . . . . . . . MOTOR VEHICLES AND TRAFFIC ~ 13.45 report shall be on a form prescribed and supplied by the Colorado Department of Revenue. Such report shall contain the in- formation required by section 42-4- 1805(3)(b), Colorado Revised Statutes (as amended) or other applicable state law. (3) Upon its receipt of such a report, the Colo- rado Department of Revenue shall ascer- tain, if possible, the last known owner of record of the abandoned motor vehicle and any lienholder and shall transmit such rel- evant information to the department pur- suant to section 42-4-1804(2), Colorado Re- vised Statutes (as amended). In the event the vehicle is determined by the Colorado Department of Revenue not to be regis- tered in the State of Colorado, the report shall state that no Colorado title records exist regarding the vehicle. (4) Within five (5) working days of the receipt of such report from the Colorado Depart- ment of Revenue, the operator shall notify the owner of record and any lienholder and the department by certified mail Or by per- sonal delivery that: a. The' identified motor vehicle has been reported abandoned to the Colorado De- partment of Revenue. b. The claim, if any, of a lien under sub- section 13-46(a) of this article. c. The location of the motor vehicle and the location from which it was towed. d. Unless claimed within thirty (30) cal- endar days from the date the notice was sent as determined from the postmark on the notice, the motor vehicle is sub- ject to sale. (Ord. No. 1995-994, ~ 2, 4-10-95) Sec. 13-45. Appraisal of abandoned motor ve- hicles; saIe. (a) Public tow abandoned motor vehicles or motor vehicles abandoned in the police impound- ment lot subsequent to a public tow shall be ap- praised and sold by the purchasing agent according to the city's ordinances not less than thirty (30) nor more than sixty (60) days after the date the notice required by subsection 13-44 was mailed. Supp. No. 15 Any vehicle appraised at a value of less than one thousand dollars ($1,000.00) shall become the prop- erty of the operator in full satisfaction of the costs or recovery, towing and/or storage for that vehicle and shall discharge the city of any further respon- sibility in connection with such vehicle. (b) If the appraised value of an abandoned motor vehicle sold pursuant to this article is two hun- dred dollars ($200.00) Or less, the sale shall be made only for the purpose of junking, scrapping Or dismantling such motor vehicle, and the pur- chaser thereof shall not, under any circumstances, be entitled to a Colorado certificate of title. The chief shall cause to be executed and delivered a bilI of sale, together with a copy of the report de- scribed in subsection 13-44(a)(2), to the person pur- chasing such motor vehicle. The bilI of sale shall state that the purchaser acquires no right to a certificate of title for such vehicle. The chief shall promptly submit a report of sale, with a copy of the bill of sale, to the Colorado Department of Revenue and shall deliver a copy of such report of sale to the purchaser of the motor vehicle. (c) If the appraised value of an abandoned motor vehicle sold pursuant to this article is more than one thousand dollars ($1,000.00), the sale may be made for any intended use by the purchaser thereof. The chief shall cause to be executed and delivered a bill of sale, together with a copy of the report described in subsection 13-44(a)(2) and an application for a Colorado certificate of title signed by a legally authorized representative of the de- partment, to the person purchasing such motor vehicle. The purchaser of the abandoned motor vehicle shall be entitled to a Colorado certificate of title upon application and proof of compliance with the applicable provision of the "Certificate of Title Act," section 42-6-101, Colorado Revised Statutes (as amended), and the applicable regula- tions of the Colorado Department of Revenue. (d) Any vehicle appraised at a value, of one thou- sand dollars ($1,000.00) or more shall be sold by the purchasing agent or his designee at public auction. Prior to the public auction, the purchasing agent or his designee shall cause a notice of sale to be published describing the vehicle to be sold, the names of all persons, if any, known to claim an interest in the vehicle, and the times and place 867 ~ 13-45 WHEAT RIDGE CITY CODE of the sale. The notice of sale shall be at least once in a newspaper of general circulation in the city. The sale shall be held within ten (10) days of the date of the fIrst publication. The purchasing agent may contract with any person or party to conduct the public auction authorized by this section. (e) The purchasing agent shall issue a bill of sale without warranty to the purchaser of a ve- hicle at an auction held pursuant to subsection (d) ofthis section. There shall be no right of redemp- tion from any sale made pursuant to this section, nor shall the city or any of its officers, agents or employees be liable for the failure to deliver a vehicle to any person or party other than the pur- chaser at such auction. (I) In the event the chief enters an agreement as authorized in section 13-48 hereunder, the du- ties and responsibilities specifIed in this section 13-45 may be specifIcally delegated to an operator under the agreement, and the tow operator shall agree to indemnify and hold the city, the chief and the purchasing agent harmless for or on ac- count of any act or omission of the tow operator in the performance of said duties. (Ord. No. 1995-994, ~ 2, 4-10-95) Sec. 13-46. Liens; perfection and foreclosure. (a) Liens upon towed motor vehicles. Whenever an operator recovers, removes, or stores a motor vehicle upon instructions from the owner of record thereof or any other legally authorized person in control of such motor vehicle from the owner or lessee of real property upon which a motor vehicle is illegally parked or his agent authorized in writing or from any responsible law enforcement agency or peace officer of the department who has determined that such motor vehicle is an aban- doned motor vehicle, such operator shall have a possessory lien upon such motor vehicle and its attached accessories or equipment for all costs of recovery, towing and storage as authorized in sec- tion 13-47. Such lien shall be a fIrst and prior lien on the motor vehicle, and such lien shall be sat- isfIed before all other charges against such motor vehicle. (b) Perfection of lien. The li,'m provided for in subsection (a) of this section shall be perfected by taking physical possession of the motor vehicle Supp. No. 15 and its attached accessories or equipment and by sending to the department within three (3) working days of the time possession was taken a notice containing the information required in the report to be made under the provision of section 42-4-1804 or section 42-4-1805, Colorado Revised Statutes (as amended). In addition, such report shall contain a declaration by the operator that a possessory lien is claimed for all past, present and future charges, up to the date of redemption and that the lien is enforceable and may be foreclosed pursuant to the provisions ofthls article. (c) Foreclosure of lien. Any motor vehicle and its attached accessories and equipment subject to the possessory lien provided for in subsection (b) ofthis section and not redeemed by the last-known owner of record or lienholder within thirty (30) days after such owner or lienholder has been sent notice of such lien by the operator shall be sold in accordance with the provisions of section 13-45 of this article. (Ord. No. 1995-994, ~ 2, 4-10-95) Sec. 13-47. Proceeds of sale. (a) If the sale of any motor vehicle and its at- tached accessories or equipment under the provi- sions of section 13-45 produces an amount less than or equal to the sum of all charges of the operator who has perfected a lien, then the oper- ator shall have a valid claim against the owner of record for the full amount of such charges, less the amount received upon the sale of such motor vehicle. Such charges shall be assessed in the manner provided for in the provisions of any towing agreement in force between the city and an operator. If no such towing agreement is in force, the charges shall be assessed in the manner provided for in section 42-4-1810(2)(a), Colorado Revised Statutes (as amended). (b) If the sale of any motor vehicle and its at- tached accessories or equipment under the provi- sions of section 13-45 of this article produces an amount greater than the sum of all charges of the operator who has perfected a lien, any balance then remaining shall be forwarded to th~ Colo- rado Department of Revenue, and the Depart- ment of Revenue may recover from such balance any taxes, fees and penalties due and payable to it with respect to stich motor vehicle. 868 . . . . . . e . . . MOTOR VEHICLES AND TRAFFIC ~ 13-51 (c) Any balance then remaining shall be paid by the Colorado Department of Revenue as fol- lows: First, to any lien holder of record as his interest may appear upon the records of the Department of Revenue; second, to any owner of record as his interest may so appear; and then to any person submitting proof of his interest in such motor vehicle upon the application of such lienholder, owner or person. If such payments are not requested and made within one hundred twenty (120) days of the sale of the abandoned motor vehicle, the balance shall be transmitted to the state treasurer, who shall credit the same to the highway users fund. (Ord. No. 1995-994, ~ 2, 4-10-95) Sec. 13-48. Authority to establish tow list and rules and regulations with operator. Authority is hereby expressly delegated to the chief of police to maintain a rotating tow list pursuant to the rules and regulations for the licensing and operation of licensed tow operators in the city, with one or more operators for the purpose of carrying out the duties specified. Pur- suan t to these rules and regulations, the chief may delegate the authority and responsibility to the operator to investigate the question of owner- ship of any vehicle and to complete such admin- istrative functions as required. Pursuant to these rules and regulations the administrative respon- sibilities delegated to the operator shall be spec- ified and shall also specifically provide for the indemnification of the city by the operator for or on account of any liability accruing from any error in the execution of, or failure to execute, any of the duties and responsibilities specified in these sections 13-14 through 13-48, inclusive, which are assigned and delegated to the operator pursuant to said rules and regulations. (Ord. No. 1995-994, ~ 2, 4-10-95) Sec. 13-49. Exemptions. (a) Nothing in this article shall be construed to include or apply to the driver of any disabled motor vehicle who temporarily leaves such vehi- cle on the paved or improved and main-traveled portion of a roadway, subject, when applicable, to Supp. ~o. 18 the emergency lighting requirements set forth in section 42-4-230, Colorado Revised Statutes (as amended). (b) Nothing in this article shall be construed to include or apply to authorized emergency motor vehicles while such vehicles are actually and directly engaged in, coming from, or going to an emergency. (e) Nothing in this article shall be construed to include or apply to abandoned vehicles kept as evidence for either criminal or civil cases by the department. (Ord. No. 1995-994, ~ 2, 4-10-95) Sec. 13-50. Violations; penalty. Any person who violates any of the provisions of section 13-42 shall, upon conviction, be pun- ished by a fine of not more than four hundred ninety-nine dollars ($499.00). Any person violat- ing the provisions of section 13-42 hereof shall be subject to the following minimum fines, which may not be suspended in whole or in any part by the Court: (1) Fifty dollars ($50.00) for the first offense. (2) One hundred dollars ($100.00) for the second offense. (3) Two hundred dollars ($200.00) for the third offense. (4) Three hundred dollars ($300.00) for the fourth or subsequent offense(s). (Ord. No. 1995-994, ~ 2, 4-10-95) Sec. 13-51. Parking on city-owned property. (a) The public works director is authorized to promulgate regulations governing the parking of motor vehicles on city-owned property and to provide for the enforcement of such regulations by towing and storing the motor vehicle at the ex- pense of the registered owner of the vehicle or by imposing an administrative fine not to exceed twenty-five dollars ($25.00) against the registered owner. Any regulations promulgated by the public works director shall be ratified by resolution of the city council. (b) If the public works director or the director's designee elects to tow and store a vehicle as 869 ~ 13-51 WHEAT RIDGE CITY CODE provided by subsection (a) of this section, such towing and storage shall be undertaken in accor- dance with the procedures applicable to aban- doned vehicles contained in subsection (b)(I) through and including (b)(4) of section 13-44 of the Wheat Ridge Code of Laws. Any vehicle towed pursuant to subsection (a) of this section and not claimed by the registered owner within thirty (30) days following such towing may be declared aban- doned and treated in accordance with the provi- sions of this chapter pertaining to abandoned vehicles. (c) A violation of any regulations promulgated in accordance with this section or a failure of any registered owner to. pay an administrative fine imposed pursuant to subsection (a) of this section shall constitute a violation of this section. (d) In lieu of the imposition of an administra- tive fine or towing as provided in subsection (a), or in the event of nonpayment of an administra- tive fine imposed pursuant to this section, and at the discretion of the public works director, the public works director may file a complaint in the municipal court charging a violation of this sec- tion. The municipal court shall have the jurisdic- tion to hear and decide all such complaints filed with the municipal court and, upon conviction of the defendant, may impose punishment as pro- vided at sections 1-5 and 1-6 of this Code. Sees. 13-52-13-60. Reserved. ARTICLE IV. PARKING PERMITS IN RESTRICTED AREAS* Sec. 13-61. Parking permits authorized. The director of public works is hereby autho- rized to issue parking permits in accordance with the provisions of this section to allow the on -street 'Editor's note-Ord. No. 1996-1041, ~ I, adopted Aug. 12, 1996. amended the Code by adding provisions designated Art. Iv, ~~ 13-51-13-59. Inasmuch as Ch. 13, Art. 1II already contained provisions designated as ~ 13-51, the editor, at his discretion. ha_s renumbEu;ed these new provisions as S~ 13-61- 13-69. The original numbers are retained in the history Dote.S_ following each section and in the Code Comparative Table at the back of this volume in order to facilitate tracking. Supp. No. 18 parking of motor vehicles by residents of blocks designated by the director of public works as restricted parking areas. (Ord. No. 1996-1041, ~ 1(13-51), 8-12-96) Sec. 13-62. Description of restriction. (a) In a block which has been designated by the director of public works as a restricted park- ing area and on which have been erected signs that conform to the requirements oflaw, on-street parking of motor vehicles shall be prohibited unless there is properly displayed in the vehicle the permit provided for in section 13-65. For purposes of this section, such a permit is properly displayed only when affixed to the front wind- shield of the driver's side of the vehicle, or it is located on the dashboard of the vehicle in front of the driver's seat and is clearly visible through the windshield of the vehicle. (b) The owner, driver, or both, of any vehicle that is parked in violation of this section shall be subject to the penalty provided for in section 13-68_ (c) Motorcycles, mopeds, and other two-wheeled vehicles shall be exempt from this section. (d) The director of public works shall deter- mine the dates and times of day that the restric- tions are in effect based upon the dates and hours of operation of the senior high school in the neighborhood. (Ord. No. 1996-1041, ~ 1(13-52), 8-12-96) Sec. 13-63. Restricted parking area defined. In order to qualify as a "restricted parking area," the block shall meet the following criteria: (1) The block or some part thereof shall fall within one-half mile of the closest prop- erty line of a senior high school; and (2) A written petition, on forms provided by the city, signed by the property owners of two-thirds of the dwellings with frontage on the block shall be submitted to the director of public works requesting that the block be designated as a restricted parking area; and 870 . . . . . . e . e . MOTOR VEHICLES AND TRAFFIC ~ 13-69 (3) The block cannot be part of the state highway system as that term is defmed in C.R.S. ~ 43-2-101, as amended. (Ord. No. 1996-1041, ~ 1(13-53), 8-12-96) Sec. 13-64. Signs. Signs indicating the parking restrictions shall be erected in a block designated by the director of public works as a restricted parking area. The signs shall give notice that parking is prohibited unless there is a valid permit that is issued pursuant to section 13-63 and shall indicate the dates and times of day that the restrictions apply. (Ord. No. 1996-1041, ~ 1(13-54), 8-12-96) Sec. 13-65. Permit application and fees. (a) Upon application to the director of public works on forms provided by the city, the director. of public works shall issue no more than five (5) permits per residence when the address of the applicant is within a restricted parking area. The applicant shall establish that his or her residence is within the restricted parking area. (b) The director of public works shall have the option to allow a neighborhood organization to self,administer the parking permit system. The neighborhood organization must demonstrate to the director of public works their capacity to administer the system, which will include at a minimum the ability tn provide for timely issu- ance of requested permits and record-keeping capability. In the event self-administration of a permit parking system is allowed, the city shall provide to the neighborhood organization suffi- cient permits and application forms. In the event neighborhood self-administration is permitted, the neighborhood organization shall have the ability to establish the appropriate number of permits to be issued per residence. The director of public works shall also have the authority to rescind a neighborhood organization's self-administration of the .permit parking system in the event said neighborhood fails to properly administer the system and/or abuses occur. (Ord. No. 1996-1041, ~ 1(13-55), 8-12-96) Supp. No. 18 Sec. 13-66. Removal of designation as re- stricted parking area. The directnr of public works shall have the discretion to remove the designation of a block as a restricted parking area if anyone ofthe follow- ing conditions occurs: (1) By virtue of closure of the school or change in use of the property, the block or some part thereof is no longer located within one-half mile of the closest property line of a senior high school; or (2) A written petition signed by the property owners of one-half of the dwellings with frontage on the block is submitted to the director of public works requesting that designation of the block as a restric~ed parking area be removed; or (3) The block becomes part of the state high- way system as that term is defined in C.R.S. ~ 43-2-101, as amended. (Ord. No. 1996-1041, ~ 1(13-56),8-12-96) Sec. 13-67. Violation. Vehicles parked in violation of this section may. . be towed and impounded. In any prosecution of the provisions of this section, proof that the vehi- cle described in the complaint was parking or stopped in violation of this section, together with proof that the defendant named in the complaint was at the time of such stopping or parking the registered owner of the vehicle, shall constitute prima facie evidence that the defendant was the person who parked or stopped, or knowingly per- mitted to be parked or stopped, such unattended vehicle at the place where and for the time in which such violation occurred. (Ord. No. 1996-1041, ~ 1(13-57), 8-12-96) Sec. 13-68. Penalty. A violation of this section shall be punishable by a fine as established by the municipal court. (Ord. No. 1996-1041, ~ 1(13-58),8-12-96) Sec_ 13-69. Permit cancellation. Parking permits are considered to be the prop- erty of the City of Wheat Ridge. Unauthorized reproduction or sale of the parking permits is not 871 ~ 13-69 WHEAT RIDGE CITY CODE allowed and said actions may be the basis for cancellation of a permit and/or prosecution. Park- ing permits may be cancelled by the director of public works in the event said permits are used or allowed to be used by other than authorized visitors or occupants of the dwelling to which the permit has been assigned. Neighborhood organi- zations administering a parking permit system shall notif'y the director of public works of any violations or abuses of said system to effect per- mit cancellation or other enforcement action. (Ord. No. 1996-1041, ~ 1(13-59), 8-12-96) [The next page is 9091 Supp. No. 18 872 . _ . _ .