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Help & SupportChapter 2-4: Police Administration22
The purpose of this chapter is to define the duties and powers of the chief of police and city police officers and to provide a procedure for disposing of lost, abandoned, or recovered stolen property.
2-4-2 Commissioning of Police Officers.
The city manager shall issue a commission card to each city police officer before the officer commences official duties, which identifies the holder as a currently employed city police officer.
2-4-3 General Duties of Police Officers.
(a) City police officers shall perform under the direction of the city manager and chief of police. Police officers shall possess all powers conveyed to peace officers under state statutes and to police or peace officers under municipal ordinances.
(b) Police officers shall investigate, make arrests, issue summonses, sign complaints, and assist in prosecutions for violations of state or federal statutes and municipal ordinances. Police officers shall suppress all riots and breaches of the peace and apprehend persons fleeing from justice.23
2-4-4 Duties of the Chief of Police.
(a) Subject to the powers of the city manager pursuant to charter section 72, the chief of police shall have general charge and supervision of city police officers and be responsible for the administration of the city police department.
(b) The chief of police may establish rules and regulations, subject to the approval of the city manager, for the administration of the police department.
(c) The chief of police shall receive and retain on file all traffic accident reports made to the chief under state law or this code for use by the city manager or the Department of Motor Vehicles of the Colorado State Department of Revenue.
2-4-5 Custody of Lost, Abandoned, and Recovered Stolen Property.
(a) The chief of police has custody of all lost, abandoned, and recovered stolen personal property coming into the possession of the city. The chief shall keep a record of all property taken into custody, and shall, pending disposal of the property, cause the property to be stored on property owned or leased by the city or with a private person engaged in the business of storing personal property.
(b) If the finder of lost, abandoned, or stolen property is an officer or employee of the city and takes possession of such property, the city shall be deemed the finder and the property shall be placed in the custody of the chief of police.
(c) Whenever a private person brings property to any city employee that the person has found, the property shall be placed in the custody of the chief of police. Upon the finder's making a report concerning the location and circumstances of the finding, the manager shall issue a receipt for the property, which shall declare the finder's contingent right to reclaim the possession thereof.
(d) Upon coming into possession of personal property that has no known owner, the chief of police shall make reasonable efforts to ascertain the ownership of the property.
(e) If the chief of police ascertains the owner of lost, abandoned, or stolen personal property, except a motor vehicle, the chief shall give notice in writing to the owner that the property is in the possession of the police department, that it may now be reclaimed, and that it will be sold or otherwise disposed of by the city unless the owner reclaims the property in the manner prescribed by law within sixty days after the date the notice is deposited in the mail, postage prepaid, to the owner at the owner's last known address.
(f) If the owner of the lost, abandoned, or stolen property cannot be ascertained by the chief of police, the chief shall periodically, and not less than once each year, cause notice containing the following information to be published on three different days, with the last day of publication to be no less than ten days prior to the auction, in a newspaper of general circulation in the city:
(1) Locations, electronic or physical, where descriptions of the lost, abandoned, or stolen personal property then in the possession of the chief of police may be viewed; and
(2) A statement that the property will be disposed of by the city or its designee unless the owner thereof reclaims the property in the manner provided for by law within ten days after the last publication of the notice.
(g) The chief of police may immediately dispose of any property that reasonably appears to pose a sanitary or health hazard if stored, and shall keep a log describing all property disposed of for these reasons.
(h) This section applies only to tangible personal property. Lost and found currency turned in to the chief of police by city employees or private persons shall be deemed tangible personal property.
(Ordinance Nos. 5472 (1992); 7464 (2006))
2-4-6 Disposition of Property Other Than Motor Vehicles.
(a) If, at any time prior to the city's disposition of any found personal property, except a motor vehicle, in the manner provided by this section, a person claims to be the property owner, the chief of police shall return the property to such claimant if the claimant submits written evidence of ownership that is sufficient to satisfy the chief that the claim is rightful and if the claimant pays the city for all reasonable costs incurred by the city in obtaining possession of the property, storing the property, and publishing or mailing notice relating to the property.
(b) If an apparent owner has not made claim to the property by the expiration of the time period set forth in the mailed or published notice, the finder of record shall be notified by mail that the finder has ten days to claim the property. If within said ten-day period, the finder makes a demand for the property and tenders payment to the city for all reasonable costs incurred by the city in connection with the possession, and storage, and publication and mailing of notices regarding the property, the property shall be returned to the finder.
(c) If the found personal property remains unclaimed after the time following the notice as required by subsections 2-4-5(e) and (f), B.R.C. 1981, and after giving the finder notice and opportunity to reclaim the property under this section, the city manager shall cause the property to be disposed of by sale, unless, upon the recommendation of the manager, the city council, by ordinance, motion, or resolution, provides for a different manner of disposition.
(d) If property is to be disposed of by sale, the city manager shall:
(1) Cause a notice of such sale to be published on three different days in a newspaper of general circulation in the city setting forth the date, time, and place of the sale at least ten days after the last publication of notice of sale; locations, electronic or physical, at which descriptions of the property to be sold may be viewed; and a statement that the property will be sold at public auction to the highest bidder for cash;
(2) At the date and place designated for the sale of said lost, abandoned, or recovered stolen personal property described in the notice of sale, cause said property to be sold at public auction to the highest bidder for cash. No money or negotiable instruments shall be sold at such a sale; they shall become the property of the city if unclaimed by the owner thereof. If a bid is not made for an article of personal property offered at such sale, said article of personal property shall become the property of the city;
(3) Utilize on-line auction procedures as an alternative to traditional auction procedures if the manager determines that such action is consistent with the objectives of this section. In the event that on-line auction procedures are used, newspaper publication and on-line item description provisions of this section shall be utilized to provide notice of such on-line auctions in addition to, but not in lieu of, the notice procedures set forth in this section. In such instance, payment by credit card, debit card, or equivalent means will be permitted;
(4) Upon consummation of the sale of said lost, abandoned, or recovered stolen property, issue a receipt to the successful bidder that indicates the article of personal property sold and the amount paid therefor. Upon exhibiting said receipt to the chief of police, the purchaser shall be entitled to possession of the article so purchased; and
(5) Apply proceeds of the sale of said lost, abandoned, or recovered stolen property first to costs of storage, towing, publication, and other costs of the keeping and sale of said property, and place the balance of said proceeds in the general fund of the city.
(e) There is no right of redemption from a sale and conveyance of said lost, abandoned, or recovered stolen property.
(Ordinance No. 7464 (2006))
2-4-7 Disposition of Motor Vehicles.
The city manager may dispose of impounded motor vehicles in any of the following ways:
(a) By following the procedures provided by state law24 for disposal of abandoned vehicles; or
(b) If the manager determines that some other method of disposal is more efficient, the manager may adopt such a method. Such method shall provide:
(1) Reasonable notice to the owner and any lienholders of record by mail or publication at least thirty days before disposition of the vehicle. But if the vehicle has been appraised to determine its reasonable market value by the chief of police, by any employee of the police department designated by the chief, or by a licensed Colorado motor vehicle dealer as having a value of less than $200.00, then the vehicle may be disposed of no less than fifteen days after the date of the notice. Notice is deemed given on the date it is delivered, mailed, or published, whichever is earliest. The notice shall indicate whether the holding period is fifteen or thirty days. Before giving notice, the manager shall make inquiry through the licensing authority of the state of registration of the vehicle, if that can be ascertained from the license plate or vehicle identification number, if any, as to the name and mailing address of the owner and lienholders of record. Notice shall be delivered or sent by first class or certified mail to such persons. If the manager's inquiries produce no information, the manager shall publish the notice at least once in a newspaper of general circulation in the city. The notice shall state the grounds upon which impoundment was authorized, the location of the vehicle, and the person to whom the owner or lienholder may apply to reclaim the vehicle prior to its disposal. Notice given to the owner pursuant to subsection 7-7-2(b) or 7-7-3(d), B.R.C. 1981, satisfies the requirement of this section for notice to the owner.
(2) For disposition of the vehicle:
(A) If the vehicle has been appraised, and the towing and storage charges at the end of the applicable holding period exceed the appraised value, then the manager may sell the vehicle to the towing and impoundment lot operators, if such were involved, for the amount of the accrued charges;
(B) At a private sale; or
(C) At a public sale.
(3) For delivery of a bill of sale to the purchaser. The manager shall send a copy of such bill of sale, together with a written report of the sale, to the Colorado Department of Revenue. If the appraised value of the vehicle was less than $200.00, or if, in the case of a vehicle sold without appraisal, the sale was for less than $200.00, the bill of sale shall state that the vehicle is sold only for the purpose of junking or dismantling the vehicle, and that the purchaser acquires no right to a certificate of title for such vehicle. Such purchaser shall also be given a copy of the report which is sent to the Colorado Department of Revenue.
(4) For disposition of the proceeds from a sale pursuant to subparagraph (b)(2)(B) or (b)(2)(C) of this section in the following manner:
(A) The costs of towing and storage in an impound lot shall be paid to the towing and impound lot operators in accordance with the contract such operators may have with the city for such services. Such contract may provide, without limitation, that the towing and impound lot operator will receive only a percentage of the proceeds, but not to exceed such costs. If such services were not performed pursuant to a contract with the city, payment shall be calculated in the manner provided by state law.
(B) From the balance, if any, there shall be deposited into the general fund of the city reasonable expenses to the city on account of the abandonment of the vehicle, including, without limitation, the costs of the search for owners and lienholders, notice, appraisal, advertising, sale, and any other fees or penalties, including, without limitation, those on account of parking infractions pursuant to chapter 7-6, "Parking Infractions," B.R.C. 1981, due with respect to the vehicle.
(C) The remaining balance, if any, shall then be paid first to any lienholder of record and, second, to any owner of record as their interests may appear on such records, or to any person submitting proof of an enforceable interest in such vehicle as of the date of sale. If no such person is known to the manager, such balance shall be deposited into the general fund of the city.
(D) There is no right of redemption from any sale made pursuant to this section. After a vehicle has been sold pursuant to such terms, neither the city nor any officer, agent, or employee thereof is liable for any failure to deliver such vehicle to any person other than the purchaser at such sale.
(Ordinance Nos. 4917 (1985); 5039 (1987); 5848 (1996); 7190 (2002))
2-4-8 Holding Property as Evidence.
In the event that the city attorney, district attorney, or other person charged with the duty of prosecuting violations of the city, state, or federal laws, requests that any of the lost, abandoned, or recovered stolen property be held by the chief of police because it is required in a criminal prosecution, the chief shall retain custody and shall not sell the same until written notice is received that the property is no longer needed for prosecution purposes.
(a) If the city manager determines that a substantial danger to the preservation of public health or safety exists as a result of a parade or demonstration or counter-demonstration or planned or threatened parade or demonstration or counter-demonstration, the manager may set up a police line or lines for the purpose of effecting a clearing; to separate parade participants or demonstrators, counter-demonstrators, and passers-by; to allow for the movement of pedestrian and vehicular traffic; to exclude the public from the vicinity of a riot or disorderly gathering; or to protect persons and property. Such police line shall be set up in a manner which represents the least restrictive alternative reasonably necessary to cope with the danger posed, in the judgment of the manager, and by any means which the manager determines gives reasonable notice of the existence of the police line.
(b) Such lines shall at all times provide reasonable space for the parade, demonstration, or counter-demonstration. More restrictive lines intended to cope with a riot or disorderly gathering shall be set up only after the riot or disorderly gathering has begun, and shall not be set up based upon mere threat of such arising out of a parade or threatened parade or demonstration or counter-demonstration.
(c) In the case of a riot or disorderly gathering, any police officer of the rank of sergeant or higher may establish a police line at locations reasonably related to the termination of the unlawful behavior.
(d) When incidents occur involving fires, floods, accidents, wrecks, explosions, imminent collapse of buildings or other structures, movement of the earth, damage to public utilities, hazardous materials incidents, crimes in progress, crime scenes, barricaded persons with weapons or threatening use of weapons, or hostage situations, any peace officer or firefighter may establish police lines to afford a clearing for the operation of police, fire, and emergency medical personnel and their equipment, and of wreckers or other heavy equipment necessary to deal with the emergency, or to keep the public from the zone of danger. The location and duration of such lines shall be reasonably related to their purpose, and they shall be effectuated by a means which gives reasonable notice of their existence and location.
(Ordinance Nos. 4980 (1986); 7129 (2001))
22 Adopted by Ordinance No. 4653. Amended by Ordinance No. 4704. Derived from Ordinance Nos. 1734, 2477, 4054, 4432.
23 For the description of procedures to detain, charge, arrest, incarcerate, book, release, and use force, see sections 2-6-16 through 2-6-22, B.R.C. 1981.
24 42-4-1801 et seq., C.R.S.