HomeMy WebLinkAbout1013 Adopting Ch. 10.12 Abandoned Vehicles in Municipal Code 06-08-2022ORDINANCE NO. 1013
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, ADOPTING CHAPTER 10.12, ENTITLED
"ABANDONED VEHICLES" OF THE FIRESTONE MUNICIPAL CODE
tiVHFR�;AS, the Board of 1 rlrstees of the Town of Firestone ("Town") has deterrn�ned that
the Town's current regulations are inadequate to properly address; the abatement and removal of
abandoned or inoperative vehicles within the Town; and
WHEREAS, the Town folds that enacting a new Chapter 10.12 of the Firestone Municipal
Code regarding the abatement and removal of abandoned or inoperative vehicles within the Town
proinotes the public health, safety, and general welfare.
DF FIRESTONE,• AD•
Section 1. Title 10, Vehicles and Traffic, of the Firestone Municipal Code is hereby amended
by the addition of a new Chapter 10.12, entitled "Abandoned Vehicles," to read as follows:
CHAPTER 10.12 -ABANDONED VEHICLES
Sec. 10.12.010. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
�ibnt��Xo�l ve.Iricle. means:
(1) Any vehicle left unattended on private property for a period of 48 hours or longer
without the consent of the owner, occupant or tenant of such property or such
person's agent;
(2) Any vehicle left unattended on public property, including any portion of a street
or highway right-of-way, within the limits of the town for a period of 24 hours or
longer, which is not removed within forty-eight (48) hours from the date of
service of the notice specified in section 8.03.050(b),
(3) Any "jury vehicle" as defined in section 8.03.020; or
(4) Any vehicle stored in an impound lot at the request of its owner or the owner's
agent or the police department and not removed from the irupound lot according
to the agreement with the owner or agent or within 72 hours of the time the police
department notifies the owner or agent that the vehicle is available for release
upon payment of any applicable charges or fees. If the police department
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requested the storage, the provisions of this article governing public tows apply
as of the time of abandonment, and the police department shall be deemed the
responsible law enforcement agency. Otherwise, the private tow provisions of this
chapter apply as of the time of abandonment.
Appraisal means a bona fide estimate of reasonable market value made by any vehicle dealer
licensed in this state or by any employee of the state patrol, the county sheriffs department or
the police department whose appointment for such purpose has been reported by the head of the
appointing agency to the executive director of the department of revenue of the state.
Conmrtr�rity services officer means any person empowered by the Town of Firestone to enforce
the provisions of this chapter, including peace officers, as defined in C.R.S. §§ 18-3-201(2) and
3045405.
Depar•trrrerrt means the state department of revenue acting directly or tluough its duly authorized
officers and agents.
Disabled vehicle. means any vehicle which is stopped or parked, either attended or unattended,
upon a street, highway or right-of-way generally open to the use of the public and which is, due
to any mechanical failure or any inoperability because of a collision, a fire or any other such
damage, temporarily inoperable tinder its own power.
Inrporrrrcl lot means a parcel of real property that is owned or leased by the town or an operator
at which motor vehicles are stored under appropriate protection.
Neighborhood services officer means any employee of the Town designated or authorized by the
town manager or such person's authorized representative to enforce the provisions of this
chapter.
Operator means a person or firm licensed by the public utilities commission of the state as a
towing carrier.
Private. propert>> means any real property that is not public property.
Private. tow means any tow of an abandoned vehicle not requested by the police department.
Public to,v means any tow of an abandoned vehicle requested by the police department.
Vehicle means any machine propelled by power other than human power, designed to travel
along the ground by use of wheels, heads, runners or slides to transport persons or property or
pull machinery and includes, without limitation, automobile, airplane, buck, trailer, motorcycle,
motor scooter, tractor, buggy and wagon.
Sec. 10.12.020. Abandonment; authority to impound; public tow.
Any police or neighborhood or connmunity services officer who finds a vehicle which such
officer has probable cause to believe has been abandoned on public property may, without further
notice or delay, require such vehicle to be removed or cause the same to be removed and placed
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in storage in any impound lot designated or maintained by the town or to any other place under
any of the circumstances hereinafter described:
(1) The driver of the vehicle is taken into custody by the police department and it is
necessary to tow the vehicle to a storage lot to secure it and its contents.
(2) Removal of the vehicle is necessary in the interest of public health or safety
because of fire, flood, snow, storm or other natural or manmade disaster or
emergency.
(3) There is probable cause to believe the vehicle is stolen.
(4) The vehicle is parked in a designated no parking or tow -away zone.
(5) The vehicle is illegally parked in a designated handicapped parking space or zone.
(6) There is probable cause to believe the vehicle has been vandalized or its parts
stolen.
(7) The engine number, vehicle identification number or manufacturer's serial
number has been altered, changed or obliterated.
(8) The vehicle is parked, stopped or standing in a manner which creates an
obstruction or hazard or potential obstruction or hazard to any lawfiil fiunetion or
use of any public street or other public or private property.
(9) The vehicle is blocking access to fire hydrants, fire standpipe outlets or fire
sprinklers.
(10) The vehicle is parked, stopped or standing in designated safety zones or safety
lanes.
(11) The vehicle is parked in a designated fire lane.
Sec. 10.12.030. Report; notice; public tow.
(a) Upon having an abandoned vehicle towed, the police department shall ascertain, if
possible, whether or not the vehicle has been reported stolen, and, if so reported, t11e
police department shall recover and secure the vehicle, notify its owner and terminate the
abandonment proceedings under this article. The police department shall have the right
to recover from the owner its reasonable costs to recover and secure the vehicle.
(b) As soon as possible, but in no event later than ten working days after having an
abandoned vehicle towed, the police department shall report the same to the department
by first class or certified mail, personal delivery or internet communication, which report
shall be on a form prescribed and supplied by the department. The report shall contain
the following information:
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(1) The fact of possession, including the date possession was taken, the location of
storage of the abandoned vehicle and the location from which it was towed, the
business address, telephone number and the name and signature of a
representative from the police department;
(2) If applicable, the identity of the operator possessing the abandoned vehicle,
together with such person's business address and telephone number and the carrier
number assigned by the public utilities commission; and
(3) A description of the abandoned vehicle, including the make, model, color, and
year of such vehicle; the license number, issuing state, and the expiration date of
the license plate; the vehicle identification number$ and a list of the names and
addresses of any known owners.
(c) The police department, upon receiving the department's report as required by state stahite,
shall determine, from all available information and after reasonable inquiry, whether or
not the abandoned vehicle has been reported stolen, and, if so reported, shall recover and
secure the vehicle and notify its owner and terminate the abandonment proceedings tinder
this article. The police department shall have the right to recover from the owner its
reasonable costs to recover and secure the vehicle.
(d) As required by state statute, the police department, �vitlnin ten working days of the receipt
of the department's report, shall notify by certified mail or personal service, the owner of
record, if ascertained, and any lien holder, if ascertained, of the fact of such report and
the claim, if any, and shall send or serve 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 vehicle, and the location from which it was towed,
and that, unless claimed within 30 calendar days from the date the notice was sent or
served as determined from the postmark on the notice, the vehicle is subject to sale.
(e) Such notice shall also inform the owner of record of such person's opportunity to request
a hearing concerning the legality of the towing of the abandoned vehicle, pursuant to this
chapter, and the fact that the owner must contact the police department to request, in
writing, a hearing within ten days of the postmarked date or date of service of the sending
of the notice required by subsection (d) of this section.
Sec. 10.12.040. Hearing.
(a) Any hearing requested under this chapter shall be conducted before the municipal judge
or a hearing officer appointed by the municipal judge, within 72 hours (excluding
Saturdays, Sundays and town holidays) of receipt of a written demand for such hearing,
unless the person requesting the hearing waives the right to a speedy hearing. The sole
issue before the municipal judge or hearing officer shall be whether there was probable
cause to impound the vehicle. hi this section the term "probable cause to impound" means
a state of facts to allow a person of ordinary care and prudence to believe that there was
a sufficient breach of municipal, state or federal laws, ruffles or regulations to grant legal
authority for the removal of the vehicle.
(b) The hearing shall be conducted in an informal manner and shall not be governed by the
formal rules of evidence. The person demanding the hearing shall have the burden of
establishing that such person has the right to possession of the vehicle. The police
department shall have the burden of establishing that there was probable cause to
impound the vehicle. The municipal judge or hearing officer shall only determine that
either there was probable cause to impound the vehicle, or there was not probable cause
to impound the vehicle. The decision of the municipal judge or hearing officer shall be a
final judgment.
(c) Upon a finding of no probable cause, towing and storage fees shall be paid by the town
in accordance with arrangements made between the town and the operator. If the
possessor of the vehicle fails to claim the vehicle from the operator within 24 hours of a
finding of no probable cause, excluding hours when the operator is not open for business,
the possessor shall assume liability for all subsequent storage charges. It shall be the
responsibility of the police department to notify the operator in writing of a finding of no
probable cause within one working day after such finding is made.
(d) Failure of the owner of the vehicle:
(1) To request a hearing in writing to the police department within ten days of the
postmarked date of service of the notice; or
(2) To attend a scheduled post -seizure hearing,
shall be deemed a waiver of the right to such hearing.
Sec. 10.12.050. Abandonment; private tow.
(a) Any owner, tenant, lessee or such person's authorized agent may have an abandoned
vehicle removed from such persons property by having it towed and impounded by an
operator.
(b) Any operator in possession of any abandoned vehicle from a private tow shall
inullediately notify the police department as to the operator's name and the location of
the impound lot where the vehicle is located and a description of the abandoned vehicle,
including make, model, color and year of such vehicle; the license number, issuing state
and expiration date of the license plate, and the vehicle identification number. Upon such
notification, the police department shall ascertain, if possible, whether or not the vehicle
has been reported stolen and, if so reported, shall recover and secure the vehicle and
notify its owner and terminate the abandonment proceedings under this article. The police
department shall have the right to recover from the owner its reasonable costs to recover
and secure the vehicle.
Sec. 10.12.060. Appraisal and sale of impounded vehicles.
(a) Public tow abandoned vehicles or vehicles abandoned in an impound lot subsequent to a
public tow shall be appraised and sold by the police department or its designated
representative at a public or private sale held not less than 30 nor more than 90 days after
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the date of issuance of the notice required by section 10.12.030.
(b) If the appraised value of an abandoned vehicle sold pursuant to this section is'5200.00 or
less, the sale shall be made only for the purpose of junkring, scrapping or dismantling
such vehicle, and the purchaser thereof shall not, under any circumstances, be entitled to
a state certificate of title. The police department shall cause to be executed and delivered
a bill of sale, together with a copy of the required state report to the person purchasing
such vehicle. The bill of sale shall state that the purchaser acquires no right to a certificate
of title for such vehicle. The police department shall promptly submit a report of sale,
with a copy of the bill of sale, to the department and shall deliver a copy of such report
of sale to the purchaser of the vehicle.
(c) If the appraised value of an abandoned vehicle sold pursuant to this section is more than
$200.00, the sale may be made for any intended use by the purchaser thereof. The police
department shall cause to be executed and delivered a bill of sale, together with a copy
of the required state report and application for a state certificate of title signed by a legally
authorized representative of the police department.
Sec. 10.12.070. Proceeds of sale.
(a) If the sale of any vehicle and its attached accessories or equipment under the provisions
of this chapter realizes a monetary amount less than or equal to the sum of all charges of
the operator who has perfected a lien pursuant to state statute, then the operator shall
have a valid claim against the owner of record for the frill amount of such charges, less
the amount received upon the sale of such vehicle
(b) If the sale of any vehicle and its attached accessories or equipment under the provisions
of this chapter realizes a monetary amount greater than the sum of all charges of the
operator who has perfected a lien pursuant to state statute, then the proceeds of the sale
shall be distributed as provided by state statute unless the town has entered into a towing
agreement with an operator which provides for a specified contractual distribution.
Section 2. If any article, section, paragraph, sentence, clause, or please of this ordinance is
held to be uuiconstihutional or invalid for any reason, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The Board of Trustees Hereby declare
it would have passed this ordinance and each part or parts hereof irrespective of the fact that any
one part or parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinance shall be punishable in accordance with Section
1.16.010 of the Municipal Code of the Town of Firestone, Colorado.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
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INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUB.ISHED IN
FULL this Vh day of Jtlt)L 2022.
TO OFF TONE, COLORADO
Peterson, Mayor
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