Chapter 10.04
GENERAL PROVISIONS
Sections:
10.04.010 Use of speed check devices authorized.
10.04.040 Parking citations—Impoundment.
10.04.050 Impoundment—Authorized when.
10.04.060 Release of impounded vehicle—Fees and charges.
10.04.070 Impoundment—Notification.
10.04.080 Impoundment—Hearing.
10.04.090 Unclaimed vehicles—Disposition.
10.04.100 Sale of impounded vehicles—Proceeds.
10.04.120 No right of redemption—Nonliability.
10.04.130 Certification of emissions testing.
10.04.010 Use of speed check devices authorized.
A. Any officer whose duties include the enforcement of traffic laws may, in the performance of such duties, use electric timers, radar or other special speed check devices.
B. The enumeration of any of the aforesaid devices shall not limit the generality of any of the terms in the preceding section.
C. The testimony of any officer that any such device was calibrated within ninety (90) days of the time the alleged offense was committed and that he has no reason to question the accuracy of the calibration, and that he knows of no circumstances which would have caused the device to become inaccurate after such calibration shall be prima facie evidence of the accuracy thereof at the time the alleged offense was committed. (Prior code § 17-1)
10.04.040 Parking citations—Impoundment.
A. The Police Department is authorized to cause to be towed, impounded and stored any motor vehicle issued a parking citation when there are two (2) or more city of Glendale parking citations against the motor vehicle which are outstanding and unpaid at that time.
B. Such an impounded motor vehicle shall be released only upon payment by the registered owner of the towing, impounding and storage charges, the assessments for the parking violations and any other penalties now provided for parking violations. (Prior code § 17-3)
10.04.050 Impoundment—Authorized when.
Police officers or other employees of the city, acting in their official capacity, are authorized to remove, or have removed, any vehicle from any street, highway, sidewalk or other public way or place, and from any restricted or prohibited parking area, to the lot maintained by the city for the storage of impounded vehicles, or to any other place of safety, under any of the circumstances described as follows:
A. When a vehicle upon a street is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal;
B. When a vehicle is found being driven upon the streets and is not in proper condition to drive;
C. When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic or street maintenance;
D. When the driver of such vehicle is taken into custody by the Police Department and such vehicle would thereby be left unattended upon a street;
E. When the driver of any vehicle or the vehicle which he is driving is reasonably suspected of having been involved in any hit-and-run accident;
F. When any vehicle is reasonably suspected of being a stolen vehicle or parts thereof to be stolen parts;
G. When the driver of any vehicle is taken into custody for a suspected felony or misdemeanor, or when the vehicle is suspected of containing stolen goods or other contraband;
H. When removal is necessary in the interest of public safety because of fire, flood, storm or other emergency or disaster;
I. When any vehicle is parked or left standing upon any area or portion of a public street in violation of or contrary to a parking limitation or prohibition established by the city Public Works Director, provided such area or portion of such public street has been posted with an official sign giving notice both of such limitation or prohibition and of the fact that such area or portion of such street is a “Tow Away” zone;
J. It shall be unlawful for any person to park or allow to be parked:
1. A large vehicle exceeding six thousand (6,000) pounds or twenty (20) feet in length, an automobile trailer and/or boat trailer not attached to a licensed vehicle, a truck-tractor or semi-trailer, or a disabled or inoperative vehicle for a period of time for longer than two (2) hours during any given week on a public right-of-way, except where such vehicles are engaged in rendering services in the immediate area;
2. A large vehicle containing an attached camper with a combined overall length exceeding twenty (20) feet, a recreation vehicle exceeding twenty (20) feet in length or an automobile trailer and/or boat trailer attached to a licensed vehicle for a period of time longer than twenty-four (24) hours during any given week on a public right-of-way, except when such vehicles are engaged in rendering services in the immediate area. (Ord. 2002-10; Ord. 2002-9; Ord. 1994-1 §§ 1, 2; prior code § 17-4(a))
10.04.060 Release of impounded vehicle—Fees and charges.
A. No vehicle so removed and stored or impounded shall be released until the charge for towing or otherwise removing such vehicle, together with the charge for storage of the same, shall have been paid.
B. Charges accrued by authorized employees or agents of the city for towing and storage of impounded vehicles shall be fixed by the contract between the city and the city-approved towing service and/or storage facility. Such charges shall be available for public inspection in the office of the authorized garage and at the Glendale Police Department. The individual tow truck operator shall also carry in his/her tow vehicle a list of the charges for services. (Ord. 1994-1 § 3; prior code § 17-4(b), (h))
10.04.070 Impoundment—Notification.
A. Whenever an officer removes a vehicle from the street under the provisions of Sections 10.04.050 through 10.04.120 and does not know and is not able to ascertain the name of the owner, or for any reason is unable to give notice to the owner, as provided in this chapter, then, and in that event, the Chief of Police, or his authorized agent, shall send, or cause to be sent, a written report of such removal by mail to the motor vehicle division of the State Department of Revenue, prior to the vehicle being declared abandoned and delivered to the authority of the city. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and the location or place where the vehicle is stored.
B. Whenever, as authorized by Sections 10.04.050 through 10.04.120, an officer or employee of the city removes a vehicle from the place where it was left, and the officer or employee knows or is able to ascertain from the license or registration the name and address of the owner thereof, and if the vehicle is not reclaimed within three (3) business days of impoundment, such officer or employee shall give, or cause to be given, on the first business day subsequent to the first three (3) days of impoundment, a notice by mail or other means to such owner of the fact of such impoundment, the reason therefor, and the place to which the vehicle has been removed. Unless reasonable attempts to provide such notice have been made, the city shall be responsible for unnecessary storage charges, but nothing more. (Prior code § 17-4 (c))
10.04.080 Impoundment—Hearing.
As to any vehicle impounded pursuant to Sections 10.04.050 through 10.04.120 a person having legal entitlement to possession of the vehicle has the right to an administrative hearing to determine whether there was probable cause to impound the vehicle.
A. Such person must file a written demand with the City Manager within ten (10) days following the mailing of the required notice of impoundment as specified in Section 10.04.070.
B. A hearing shall be conducted by the City Manager within two (2) business days following receipt of the demand for such hearing unless the person demanding the hearing waives the right to a speedy hearing. The sole purpose of the hearing shall be to establish whether or not probable cause existed for the impoundment.
C. The hearing shall be conducted 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 Police Department shall carry the burden of establishing that there was probable cause to impound the vehicle in question. At the conclusion of the hearing, the City Manager shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and the registered owner of the vehicle (if not the person requesting the hearing). The decision of the City Manager is final. Failure of the registered or legal owner, or their agent to request or attend a scheduled post-impoundment hearing shall be deemed a waiver of the right to such hearing.
D. If a finding of no probable cause for impoundment is established, the vehicle in question shall be released without cost to the person having legal entitlement to possession. If probable cause for the impoundment is substantiated, all applicable costs, fees and further disposition proceedings of the vehicle as set forth in Sections 10.04.050 through 10.04.120 shall apply. (Prior code § 17-4 (d))
10.04.090 Unclaimed vehicles—Disposition.
Whenever, pursuant to the terms of Sections 10.04.050 through 10.04.120, a vehicle has been stored in the city garage or in any other lot maintained or designated by the Chief of Police, or his authorized agent, for the storage of impounded vehicles, for a period of thirty (30) days, and no claim of ownership or the right to possession thereof has been made, or when such claim has been made but not established to the satisfaction of the Chief of Police, or his authorized agent, and no suit or action to determine such claim has been instituted and is pending, the Chief of Police, or his authorized agent, shall appraise the value of the vehicle and make a record thereof and shall thereafter dispose of such vehicle in the manner following:
A. The Chief of Police, or his authorized agent, shall cause written notice to be given to all persons known by him to claim an interest in the vehicle. Such notice shall be given by delivery in person, or by registered mail addressed to the last known address of the business or abode of the person to be notified. The notice shall contain:
1. An itemized statement of the amount due the city for removal and storage of the vehicle, showing the amount due at the time of notice;
2. A description of the vehicle;
3. A demand that the amount due the city as stated in the notice, and such further claims as shall accrue, shall be paid, and the right to the possession of the vehicle shall be established to the satisfaction of the Chief of Police or his authorized agent on or before a date mentioned, not less than ten (10) days from the date of the delivery of the notice if it is personally delivered, or from the time the notice should reach by mail;
4. A statement that unless the amount due the city is paid and the right to possession of the vehicle is established to the satisfaction of the Chief of Police, or his authorized agent, within the time specified, the vehicle will be advertised for sale and sold at auction or otherwise at a specified time and place; and
5. Notice of the right to a post-impoundment hearing to establish probable cause for the impoundment.
B. The Chief of Police, or his authorized agent, in accordance with the terms of a notice so given, or without the giving of such notice if no person claiming an interest in the vehicle is known to the Chief of Police or his authorized agent, shall declare the vehicle abandoned and shall thereafter deliver custody of such vehicle to the office of the City Manager, or his authorized agent, together with a transcript of the information and proceedings concerning such vehicle. The Chief of Police, or his authorized agent, shall, not less than thirty (30) days nor more than sixty (60) days thereafter, conduct a sale of the vehicle by public auction or private sale to satisfy any valid claims of the city for the removal and storage of the vehicle, and to discharge the city from further responsibility in connection with the vehicle and from any duty to further retain or store the same. The auction or sale shall be held in the place where the vehicle is stored or impounded or at such other location as the Chief of Police, or his authorized agent, deems advisable. The Chief of Police, or his authorized agent, shall publish at least once, in a newspaper legally qualified for city publication as provided in the City Charter, a notice of public auction, describing the vehicle to be sold, and stating where and when the auction will take place. The auction shall be had not less than ten (10) days from the date of the first publication.
C. If the appraised value of an abandoned vehicle sold pursuant to this section is two hundred dollars ($200.00) or less, the sale shall be only for the purpose of junking, scrapping or dismantling and no Colorado certificate of title shall issue. If the appraised value is more than two hundred dollars ($200.00), the sale may be made for any intended use and a Colorado certificate of title may be applied for by the purchaser. The Chief of Police, or his authorized agent, shall provide the purchaser an appropriate bill of sale and notice of appraised value of the vehicle sold. Notice shall be provided to the State of Colorado Department of Motor Vehicles of all vehicles sold having an appraised value of two hundred dollars ($200.00) or less and not entitled to be issued a new Colorado certificate of title.
D. If any vehicle is offered for sale at auction pursuant to the provisions of this chapter and there is no bid or offered bid for the same, the vehicle shall be retained by the city-approved towing service and/or storage facility, who shall thereafter dispose of the vehicle subsequent to public auction, private sale, or otherwise, if no sale can be accomplished within a reasonable time.
E. All vehicles purchased at any auction or sale held in conformity with this chapter shall be removed by the purchaser from the custody and premises of the city, or its authorized agent, within forty-eight (48) hours from the date of the auction or sale. If any purchaser fails to remove his/her vehicle within such time, a reasonable daily storage charge shall be made and collected; and, if not redeemed, the vehicle may be included in any subsequent auction or destroyed. (Ord. 1994-1 §§ 4, 5; prior code § 17-4 (e))
10.04.100 Sale of impounded vehicles Proceeds.
A. The city shall receive a percentage of the gross proceeds from the sale of each vehicle sold at public auction in conformity with this chapter, as provided in the city’s contract with the city-approved and authorized towing service and/or storage facility, which amount shall be paid into the general fund of the city. The balance of the proceeds shall be retained by the city’s authorized agents pursuant to such contract.
B. Within one (1) year from the date of any sale of a vehicle in conformity with this chapter, resulting in the payment of a percentage of the proceeds into the general fund of the city, any person claiming to be entitled to the same may request the City Manager to initiate a refund to him. A thorough examination into the merits of such requested refund shall be made to determine whether it is justified, and whether to approve or disapprove the same. For any such requested refund so approved, a refund voucher shall be prescribed for the amount received by the city. Failure on the part of any person to request the initiation of a refund to him within one (1) year from the date of sale shall be conclusive evidence that he has no meritorious claim for such refund, and he shall not thereafter be entitled thereto, and in the absence of such timely request for the initiation of a refund within the same period of one (1) year from the date of sale, he shall not thereafter commence or maintain any action, suit, or proceeding whatsoever to obtain the same and the city shall be under no liability to him whatsoever, by reason of the sale or the payment of part of the proceeds of the sale into the general fund of the city. (Ord. 1994-1 § 6)
10.04.120 No right of redemption—Nonliability.
There shall be no right of redemption from any sale made pursuant to the terms of this chapter, and after a vehicle has been sold pursuant to such terms, neither the city, nor any officer, agent or employee thereof shall be liable for a failure to deliver such vehicle to any one other than the purchaser or purchasers at such sale. (Ord. 1994-1 § 8; prior code § 17-4 (i))
10.04.130 Certification of emissions testing.
A. It is unlawful for any person to drive, stop, park, or for the owner or a person in charge of a vehicle to cause or knowingly permit to be driven, stopped or parked on any street or highway within the city, any vehicle which is required under the laws of the state to be inspected pursuant to the Automobile Inspection and Readjustment Program, established pursuant to Sections 42-4-306.5 through 42-4-316, C.R.S., 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 of the provisions of this section, proof that the vehicle described in the complaint was driven, parked or stopped in violation of this section, together with proof that the defendant named in the complaint was, at the time of such driving, stopping or parking, a registered owner of the vehicle, shall constitute prima facie evidence that the defendant was the person who drove, parked, stopped, or knowingly permitted to be driven, stopped or parked, such vehicle at the place where, and for the time which, such violation occurred.
C. Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of twenty-five dollars ($25.00).
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 a summons and complaint to either remit twenty-five dollars ($25.00) to the city or to appear at the Glendale Municipal Court within ten (10) days of the date of issuance of the summons and complaint to begin proceedings to protest the charge. (Prior code § 17-5)