Loading...
HomeMy WebLinkAboutOrdinance-1995-0994 INTRODUCED BY COUNCILMEMBER SOLANO COUNCIL BILL NO. 11 Ordinance No. 994 Series of 1995 TITLE: AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 15, SECTIONS 15-40 TO 15-48, AND ENACTING ARTICLE III OF CHAPTER 13, SECTIONS 13-41 TO 13-50, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE,COLORADO, THEREBY ADDING PROVISIONS CONCERNING THE TOWING OF ABANDONED AND OTHER VEHICLES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Chapter 15 of the Code of Laws of the City of Wheat Ridge is hereby amended by repealing Article III, Sections 15-40 through 15-48 inclusive. Section 2. Chapter 13 of the Code of Laws of the City of Wheat Ridge is hereby amended by adding thereto Article III, Sections 13- 41 through 13-50, inclusive, as follows: ARTICLE III. ABANDONED VEHICLES AND TOWING Sec. 13-41. Definitions. (a) Abandoned motor vehicle shall mean and include: (1) Any motor vehicle 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 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 of Wheat Ridge, 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 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 of Wheat Ridge 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. 1 (4) Any motor vehicle stored in a pOlice impound lot at the request of its owner or the owner's agent, or the Wheat Ridge Police Department, and not removed from a police impound 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. (b) Appraisal means a bona fide estimate of reasonable market value made by any motor vehicle dealer licensed in this state or by any employee of the Colorado State Patrol or of the Wheat Ridge Police Department whose appointment for such purpose has been reported by the chief of police to the executive director of the Colorado Department of Revenue. (c) Chief of police or chief shall mean the chief of the Wheat Ridge Police Department or his designee. (d) City means the City of Wheat Ridge, Colorado. (e) Department means the Wheat Ridge Police Department. ( f) 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. (g) Motor vehicle means any vehicle classified as a motor vehicle under the laws of the State of Colorado. (h) Operator means a person or a firm licensed by the public utilities commission as a towing carrier. (i) 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 of Wheat Ridge, 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. (j) Private property means any real property which is not public property. 2 (k) priyate tow means any tow of an abandoned motor vehicle not requested by a law enforcement agency. (1) Public property means any real property having its title, ownership, use or possession held by the federal government, this state or any county, municipality, as defined in Section 31-1- 101(6), Colorado Revised Statutes, or other governmental entity of this state. (m) Public tow means any tow of an abandoned motor vehicle requested by a law enforcement agency. (n) Purchasinq aqent shall mean the purchasing agent of the City of Wheat Ridge or his designee. (0) Responsible law enforcement aqency shall mean: (1) In the case of a pUblic tow, the law enforcement agency authorizing the original tow of an abandoned motor vehicle, whether or not the vehicle is towed to another law enforcement agency's jurisdiction; (2) In the case of a private tow, the law enforcement agency having jurisdiction over the private property where the motor vehicle becomes abandoned. 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 of Wheat Ridge. (b) 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 wi thin any portion of a highway, street or public right-of-way within the Wheat Ridge city limits for a period of twenty-four (24) hours shall be presumed abandoned unless the owner or operator thereof shall have conspicuously affixed thereto a dated notice indicating his intention to return or shall have otherwise notified the department of his intention to move the same within seventy-two (72) hours. Notwithstanding the foregoing, any such motor vehicle shall immediately be presumed abandoned if such vehicle is parked in such a manner or under such conditions as to interfere with the free movement of vehicular traffic, or as to interfere with proper street or highway maintenance, or as to interfere with the construction or maintenance of any pUblic improvement, or threatens 3 public safety. Moreover, any such motor vehicle shall immediately be presumed abandoned if it 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 abutting the street or highway. (d) 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. Sec. 13-43. Removal and impoundment. (a) Whenever any police officer of the department 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 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. Sec. 13-44. Report of abandoned motor vehicle. (a) Ascertaininq 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 proceedings 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 department shall report the same to the Colorado Department of Revenue by first-class or certified mail or by personal delivery, which report shall be on a form prescribed and supplied by the Department of Revenue. Such report shall contain the information required by Section 42-4-1804(1)(c), 4 Colorado Revised Statutes (as amended), or other applicable state law. (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 pursuant to Section 42-4-1804(2), Colorado Revised Statutes (as amended). (b) Notices to owners and interested parties; hearinqs. (1) Should the Department of Revenue report the vehicle as stolen, the department shall notify the rightful owner and the responsible law enforcement agency which has reported the vehicle as stolen as required by subsection (a) (1) above. Otherwise, the department, 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 responsible 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 contain information that the identified motor vehicle has been reported abandoned to the department, the location of the motor vehicle and the location from which it was towed, and that, unless claimed wi thin 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. (2) 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. The notice shall contain hearing information which substantially complies with the following: "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 vehicle to the law enforcement agency within ten (10) days of the postmark date of this Notice." If the department receives a written request for hearing, the department shall file the request with the Wheat Ridge Municipal Court for a hearing regarding the propriety of the questioned impoundment. If the department does not receive a written hearing request within ten (10) days of the postmarked 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 5 person seeking the hearing, unless such person walves the right to a speedy hearing in writing. Saturdays, Sundays and city holidays are to be excluded from the calculation 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 believe that there was sufficient breach of law 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 vehicle. The City of Wheat Ridge 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 final 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 vehicle was improperly impounded, the City of shall fully reimburse the owner of the impounded all towing and storage fees paid by the owner. the sUbject Wheat Ridge vehicle for (5) The hearing and in this section shall have been impounded by reimbursement provisions contained only be applicable to vehicles which 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 notify the chief of police, or his designee, as to the name of the operator and the location of the impound lot to which the vehicle has been towed. The operator shall also provide a description of the abandoned motor vehicle, including the make, model, color and year; the number, issuing state, and expiration date of the license plate, and the vehicle identification number. Upon such notification, the department shall ascertain, if possible, whether or not the 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 abandonment 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 Department of Revenue 6 by first-class or certified mail or by personal delivery, which report shall be on a form prescribed and supplied by the Colorado Department of Revenue. Such report shall contain the information 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 Colorado 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 pursuant to Section 42-4-1804(2), Colorado Revised Statutes (as amended). In the event the vehicle is determined by the Colorado Department of Revenue not to be registered 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 Department of Revenue, the operator shall notify the owner of record and any lienholder and the department by certified mail or by personal delivery that: (a) The identif ied motor vehicle has been reported abandoned to the Colorado Department of Revenue. (b) The claim, if any, of a lien under subsection 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) calendar days from the date the notice was sent as determined from the postmark on the notice, the motor vehicle is subject to sale. Sec. 13-45. Appraisal of abandoned motor vehicles; sale. (a) Public tow abandoned motor vehicles or motor vehicles abandoned in the police impound lot subsequent to a public tow shall be appraised 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. Any vehicle appraised at a value of less than one thousand dollars ($1000.00) shall become the property 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 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) or less, the sale shall be made only for the purpose of junking, scrapping or dismantling such motor vehicle, and the purchaser thereof shall 7 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 descr ibed 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 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 s~le 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 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," Section 42-6-101, 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 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 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 wi thin 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 to 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. (f) In the event the chief enters an agreement as authorized in Section 13-48 hereunder, the duties 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 account of any act or omission of the tow operator in the performance of said duties. 8 - - 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 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, and storage as authorized in Section 13-47. 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 of lien. The lien provided for in subsection (a) of this section shall be perfected by taking physical possession of the motor vehicle 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 of this article. (c) Foreclosure of lien. Any motor vehicle and its attached accessories and equipment sUbject to the possessory lien provided for in subsection (b) of this 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. Sec. 13-47. Proceeds of sale. (a) If the sale of any motor vehicle and its attached accessories or equipment under the provisions 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 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 Section 42- 4-1810(2)(a), Colorado Revised Statutes (as amended). 9 (b) If the sale of any motor vehicle and its attached accessories or equipment under the provisions 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 the Colorado Department of Revenue, and the Department of Revenue may recover from such balance any taxes, fees and penalties due and payable to it with respect to such motor vehicle. (c) Any balance then remaining shall be paid by the Colorado Department of Revenue as follows: 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. 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 of Wheat Ridge, Colorado, 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 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 13-41 through 13-48, inclusive, which are assigned and delegated to the operator pursuant to said rules and regulations. 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 Section 42-4-230, Colorado Revised Statutes (as amended). 10 (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 ln this article shall be construed to include or apply to abandoned vehicles kept as evidence for either criminal or civil cases by the department. 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: (a) Fifty dollars ($50.00) for the first offense. (b) One hundred dollars ($100.00) for the second offense. (c) Two hundred dollars ($200.00) for the third offense. (d) Three hundred dollars ($300.00) for the fourth or subsequent offense(s). Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such jUdgment shall not affect application to other persons or circumstances. Section 4. Safe tv Clause. The City Council hereby finds, determines, and declares that this ordinance in 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 property legislative object sought to be attained. Section 5. This ordinance shall become effective ~l~__ days (s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this -1.0th ~ day of March , 1995, ordered publlshed in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, April 10 , 1995, at 7: 0 o'clock p.m., in the Councll Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 11 READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7 to __L this _10th_~ day of _--fuLri l~______, 1995. SIGNED by the Mayor on this 1995. 11 th day of Apri 1 ~~ Dan Wilde, Mayor ATTEST: . Ji "; '" rti-l.../L....., ~ t~_H<-{ Wanda Sang, Clt c~e~k APPROVED AS TO FORM BY CITY ATTORNEY ,-. ";/ ,; /- ,'" / / ~ .-~fk~:!/ ..:~ ~(/ Gerald E. Dahl ' Clty Attorney 1st Publication: March 30, 1995 2nd Publication: April 20, 1995 Jefferson Sentinel: Effective Date: May 5, 1995 12