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Help & SupportChapter 7-7: Towing and Impoundment
The purpose of this chapter is to protect the public health, safety, and welfare by prohibiting the storage of abandoned or inoperable vehicles on public property or private property and to establish procedures for removing from such property any vehicle that is abandoned or inoperable, obstructs traffic, is so defective as to pose a safety hazard, is involved in criminal conduct, or whose impoundment is otherwise authorized.
7-7-2 Authority of City to Impound Vehicle.
(a) A peace officer is authorized to remove or cause to be removed a vehicle from any public or private property when:
(1) A vehicle is situated in a manner that obstructs the normal movement of traffic or creates a hazard to other traffic on a public street, public alley, or public parking lot and the person in possession of the vehicle is not present or is unwilling or unable to provide for its immediate removal;
(2) A vehicle being driven on a street is so defective as to pose an imminent hazard to the public safety;
(3) A vehicle is found unattended and situated in a manner that obstructs the commencement or ongoing operation of a public construction, maintenance, or repair project or street closure; seventy-two hours' advance notice of the parking prohibition, the time it is effective, and that vehicles will be towed away at the owner's expense has been conspicuously posted and reasonable efforts have been made to maintain notice on the site;
(4) The driver of a vehicle is taken into custody by the police department;
(5) Removal of a vehicle is necessary in the interest of the public health or safety because of fire, flood, snow, storm, or other emergency, and the person in possession of the vehicle is not present or is unwilling or unable to provide for its immediate removal;
(6) There is probable cause to believe that the operator's license of the driver of a vehicle is suspended, revoked, denied, or cancelled;
(7) There is probable cause to believe that a vehicle is stolen;
(8) A vehicle blocks ingress to or egress from a public or private driveway, and the person in possession of the vehicle is not present or is unwilling or unable to provide for its immediate removal;
(9) (A) A vehicle has been found upon a street, public parking lot, or other public property in a signed "tow away zone," and the person in possession of the vehicle is not present or is unwilling or unable to provide for its immediate removal;
(B) A vehicle has been found parked at a metered parking space on a street or a metered parking space in a public parking lot for seventy-two or more hours without being moved, there is a warning on the parking meter or a sign which indicates that such a vehicle may be towed, and the person in possession of the vehicle is not present or is unwilling or unable to provide for its immediate removal;
(10) Impoundment is authorized by sections 2-6-7, "Parking Infraction Office and Scofflaw List," and 2-6-8, "Booting," B.R.C. 1981, except that if, but for a ticket or tickets issued to the vehicle while it was being operated under a lease whose term was less than thirty days, impoundment or immobilization of such vehicle would not have been authorized under said sections, then no such vehicle shall be impounded or immobilized under the authority of this paragraph after the municipal court has been notified of such lease;
(11) A vehicle is parked in a space designated for handicapped parking pursuant to section 7-6-22, "Parking in Handicapped Space Prohibited," B.R.C. 1981, without displaying the placard or license plate required by that section; such space is also designated as a "tow away" space by any sign or pavement marking on or near the space using the term "tow away," displaying a tow away symbol, or otherwise reasonably indicating that vehicles illegally parked in such space or spaces will be towed away; and the person in possession of the vehicle is not present or is unwilling or unable to provide for its immediate removal;
(12) There is probable cause to believe that a vehicle is being vandalized or its parts are being stolen, and reasonable inquiries have been made on abutting properties in an effort to locate the person in possession of the vehicle; or
(13) Towing is authorized by subsection 8-3-6(b), B.R.C. 1981, concerning towing of vehicles from any posted "tow away" no-parking zone within any park, parkway, recreation area, or open space to clear off-street parking areas after designated hours of operation and to clear designated fire roads and other emergency access routes.
(b) Within seventy-two hours of the time that a motor vehicle is impounded pursuant to subsection (a) of this section, the city manager shall give notice by certified or first class mail to the registered owner of such motor vehicle:
(1) That the motor vehicle has been removed and impounded;
(2) Of the reason therefor;
(3) Of the location of the vehicle;
(4) That the vehicle owner has a right to contest the validity of the impoundment by requesting a prompt hearing within fifteen days from the date on which such notice is mailed;
(5) That if the vehicle is not claimed by the owner or the owner's authorized agent and any accrued removal and storage charges are not paid in full within thirty days of the date on which the notice is mailed, the vehicle will be sold. If the vehicle has been appraised pursuant to section 2-4-7, "Disposition of Motor Vehicles," B.R.C. 1981, at a reasonable market value of less than $200.00, the notice shall so state and shall indicate that the period for payment and reclaiming of the vehicle before sale is fifteen days;
(6) If the vehicle is not registered in Colorado, or if the license plate or vehicle identification number is expired, altered, or missing, the city manager shall send the notice required in this section as soon as reasonably practicable, but without regard to the seventy-two-hour limit;
(7) If the vehicle was impounded pursuant to sections 2-6-7, "Parking Infraction Office and Scofflaw List," and 2-6-8, "Booting," B.R.C. 1981, the notice shall also specify the total amount of fines, late fees, scofflaw fees, and administrative impound fees which must also be paid before the vehicle may be reclaimed; and
(8) If the vehicle was reclaimed from impoundment or a hearing concerning the impoundment was set before the notice required by this section was sent, then no such notice need be given.
(c) Nothing in this chapter shall be deemed to restrict the authority possessed by any peace officer under other provisions of law to seize any motor vehicle or part thereof if it is or contains evidence or is an instrumentality of a crime. Such provisions include, without limitation, the authority to seize a vehicle when there is probable cause to believe that a vehicle has been involved in a hit and run accident or contains stolen parts,9 or when a search of a vehicle has been authorized by court order. The release of any vehicle so seized shall be governed by the provisions of law under which it was seized.10 When such vehicle is released pursuant to such provisions, its owner shall be notified and shall not be liable for the towing or storage charges attributable solely to such seizure, but shall be liable for such costs to the extent attributable to any charge which arose concurrently under this chapter. Any vehicle not retrieved within seventy-two hours of notice under this subsection shall be deemed abandoned, and the city manager shall dispose of such vehicle in accordance with section 2-4-7, "Disposition of Motor Vehicles," B.R.C. 1981.
(d) This section does not apply to bicycles.11
(Ordinance Nos. 4903 (1985); 4917 (1985); 5546 (1993); 5686 (1994); 5920 (1997); 7190 (2002))
7-7-3 Abandoned and Inoperable Vehicle.
(a) Any vehicle left in one location upon any public property or on any private property, without the consent of the property owner, for a continuous period of more than seventy-two hours constitutes an abandoned vehicle, which is a public nuisance. Proof that the vehicle's odometer shows movement of no more than two-tenths of a mile during a period of at least seventy-two hours shall constitute prima facie evidence that the vehicle was left in one location.
(b) Any inoperable vehicle or any parts thereof left on any public property or on any private property other than the person's property, without the consent of the property owner, constitutes an inoperable vehicle, which is a public nuisance.12
(c) If a peace officer has probable cause to believe that a vehicle left unattended on public or private property is an abandoned or inoperable motor vehicle, the officer shall leave under the windshield wiper or otherwise attach to the vehicle a conspicuous warning notice that:
(1) States the date and the time that the notice was attached to the motor vehicle;
(2) Orders removal of an inoperable vehicle, as prescribed by subsection (b) of this section, or the moving of an abandoned vehicle, as prescribed by subsection (a) of this section, from the location within seven days of the notice;
(3) Warns that, if the vehicle is still parked in violation of subsection (a) or (b) of this section after seven days from the date of the notice, it may be impounded by order of the police department and that the vehicle owner will be liable for the expenses of such impoundment; and
(4) Advises the person in possession of the vehicle that such person has a right to a prompt hearing to determine whether or not the vehicle has been parked in violation of subsection (a) or (b) of this section, if such person requests such hearing within seven days from the date and time that such notice is attached to the vehicle.
(d) Within forty-eight hours of the time that a notice is attached to a vehicle under subsection (c) of this section, the city manager shall give written notice by certified or first class mail to the registered owner of the vehicle containing all of the information described in subsection (c) of this section. The notice shall also advise the owner that if the vehicle is towed and is not claimed by the owner or the owner's authorized agent and the amount of any accrued removal and storage charges and the impoundment fee are not paid within thirty days from the date and time that the vehicle is impounded, the vehicle will be sold. If the vehicle has been appraised pursuant to section 2-4-7, "Disposition of Motor Vehicles," B.R.C. 1981, at a reasonable market value of less than $200.00, the notice shall so state and shall indicate that the period for payment and reclaiming of the vehicle before sale is fifteen days.
(e) If the vehicle is not registered in Colorado, or if the license plate or vehicle identification number is expired, altered, or missing, the city manager shall send the notice required in this section as soon as is reasonably practicable, but without regard to the forty-eight-hour limit.
(f) If an abandoned or inoperable vehicle or any parts thereof is still parked in violation of subsection (a) or (b) of this section after seven days from the date and time that the notice prescribed by subsection (d) of this section is attached to the vehicle, a peace officer may cause the vehicle and parts thereof to be removed and impounded by a towing carrier, unless a hearing requested pursuant to section 7-7-7, "Hearing," B.R.C. 1981, is pending or unless a hearing officer has determined that the vehicle is not parked in violation of this section.
(g) A vehicle or parts impounded pursuant to this section shall be released to its owner when payment to the city of an administrative impoundment fee of the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981, and payment to the towing carrier of the costs of towing and storage, unless ordered released as a result of a hearing held pursuant to subsection 7-7-7(f), B.R.C. 1981.
(h) This section does not apply to bicycles.13
(Ordinance Nos. 4917 (1985); 5686 (1994); 5760 (1995); 5920 (1997))
7-7-4 Inoperable Vehicle on Private Property.
(a) Any inoperable motor vehicle parked, stored, or left or permitted to be parked, stored, or left upon any private property within the city for a period longer than thirty days constitutes a public nuisance. But nothing in this section applies to an antique vehicle, a vehicle in an enclosed building, a vehicle on the premises of a business enterprise that services and repairs such vehicles, a vehicle in an appropriate storage place or depository maintained for impounded vehicles, or a vehicle deemed inoperable solely because it lacks a current license plate or validation sticker.
(b) Whenever the city manager has probable cause to believe that an inoperable vehicle is on private property in violation of subsection (a) of this section, the manager shall give written notice by certified mail to the owner and the lessee or occupant of the property, if known, declaring the existence of the nuisance, ordering such persons to remove the vehicle or request a hearing within seven days from the date the notice is mailed, and stating that failure to remove the vehicle or request a hearing within such seven-day period will result in the vehicle being removed and impounded and expenses being assessed jointly and severally against the owner and the lessee or occupant of the property.
(c) If an inoperable vehicle has not been removed from private property within seven days of the date on which the notice prescribed by subsection (b) of this section is mailed to the owner and the lessee or occupant of the property, a peace officer may, after obtaining an administrative search warrant from the municipal court, cause the vehicle to be removed and impounded by a towing carrier, unless a hearing requested pursuant to section 7-7-7, "Hearing," B.R.C. 1981, is pending or unless a hearing officer has determined that the vehicle was not parked, stored, or left on private property in violation of subsection (a) of this section.
(d) If the city manager is able to determine from license plate or vehicle identification number information the name and address of the registered owner of the vehicle, and the notice prescribed in subsection (b) of this section was not sent to the owner of the vehicle, then the manager shall give written notice by certified or first class mail to the registered owner of the vehicle advising the owner that if the vehicle is towed and is not claimed by the owner or the owner's authorized agent and the amount of any accrued removal and storage charges and the administrative impoundment fee are not paid within thirty days from the date and time that the vehicle is impounded, the vehicle will be sold. If the vehicle has been appraised pursuant to section 2-4-7, "Disposition of Motor Vehicles," B.R.C. 1981, at a reasonable market value of less than $200.00, the notice shall so state and shall indicate that the period for payment and reclaiming of the vehicle before sale is fifteen days.
(e) A vehicle impounded pursuant to this section shall be released to its owner when payment to the city of an administrative impoundment fee of the amount specified in section 4-20-55, "Court and Vehicle Impoundment Costs, Fees, and Civil Penalties," B.R.C. 1981, and payment to the towing carrier of the costs of towing and storage, unless ordered released as a result of a hearing held pursuant to subsection 7-7-7(f), B.R.C. 1981.
(Ordinance Nos. 4917 (1985); 5686 (1994); 5760 (1995))
7-7-5 Private Towing and Impounding of Vehicle Parked Without Authorization on Private Property.
(a) The owner or lessee of real property or an agent authorized by the owner or lessee may cause any motor vehicle, parked on such property without the permission of the owner, lessee, or occupant of the property, to be removed or impounded by a towing carrier, but, except on property used as a single-family residence, only if any applicable requirements of subsection 7-6-14(b), B.R.C. 1981, and subsection (b) of this section have been met. It is not necessary that a citation be issued for violation of section 7-6-14, "Unauthorized Parking Prohibited," B.R.C. 1981, for a vehicle to be removed or impounded pursuant to this section.
(b) Except on property used as a single-family residence, the owner, lessee, or occupant of real property or an agent thereof, prior to causing the removal and impoundment of a motor vehicle from any area set aside for motor vehicle parking on such person's property, shall provide clear notice on signs or pavement markings meeting the requirements of paragraph 7-6-14(b)(3), B.R.C. 1981, that unauthorized vehicles will be towed away at the owner's expense.
(c) A vehicle parked on private property in violation of section 7-6-14, "Unauthorized Parking Prohibited," B.R.C. 1981, is subject to immediate towing under state law as an abandoned vehicle on private property if the provisions of subsection (b) of this section are also met. Furthermore, any motor vehicle left unattended on private property for a period of twenty-four hours or longer without the consent of the owner or lessee of such property or the owner's or lessee's legally authorized agent is also subject to immediate towing under state law as an abandoned vehicle on private property.
(d) Vehicles towed pursuant to this section are privately impounded. All actions by the towing carrier and others shall be in accordance with and pursuant to the state statutes governing private tows of abandoned vehicles.
(e) Disputes concerning the propriety of impoundments under this section shall be settled by the parties involved in the civil courts, and the city shall not be a proper party defendant in any such suit.
(Ordinance Nos. 4917 (1985); 5039 (1987); 5686 (1994))
A towing carrier that has removed or impounded a vehicle pursuant to this chapter has a possessory lien upon such vehicle for all costs of towing and storage unless a hearing officer orders the vehicle released pursuant to section 7-7-7, "Hearing," B.R.C. 1981.
(Ordinance No. 5039 (1987))
(a) The owner of a vehicle impounded by or at the request of the city pursuant to this chapter or a person in possession of a vehicle at the time it was so impounded is entitled to a hearing regarding the impoundment, if such person requests a hearing within fifteen days from the date the notice of impoundment was mailed or within fifteen days of reclaiming the vehicle from impoundment if no notice was mailed and if such person had no hearing prior to the time of the impoundment. The hearing shall be conducted before a judge or a hearing officer appointed by the presiding judge of the municipal court within five city business days of the time of request for the hearing, unless the person requesting the hearing waives the five-day requirement. If a person requests a hearing and secures the release of the vehicle pursuant to subsection (b) of this section, and a summons and complaint or parking ticket has been issued which alleges a violation of this title which formed the basis of the impoundment, the hearing officer may schedule the hearing provided by this section to coincide with the trial of the infraction or may continue the hearing to such time. Within forty-eight hours of a request for a hearing under this section, the hearing officer shall obtain from the responsible city department the records concerning the impound, and shall determine from these records, and from any supplementary affidavits as the responsible department may provide, whether or not probable cause existed for the impoundment of the vehicle. If the hearing officer determines that no probable cause existed for the impoundment based on these written materials, the officer shall so find and shall issue a final order that the vehicle shall be released immediately to the person entitled to possession and shall assess the costs of removal and impoundment against the city. Copies of such order shall be provided to the responsible city department and mailed to the person requesting the hearing. If the hearing officer determines that probable cause existed, the hearing officer shall so notify the responsible city department and the person requesting the hearing at the hearing, but such a finding shall not change the burden of proof at such hearing.
(b) A person who requests a post-impoundment hearing may obtain the release of the vehicle prior to the hearing by posting a bond in the amount of the towing and storage charges due as of the date of the request plus $25.00 in administrative costs. If such person fails to appear at the date and time of the scheduled hearing, the hearing request shall be dismissed with prejudice, and the bond amount shall be forfeited to the city.
(c) Except as otherwise provided in this section, the judge or hearing officer shall conduct the hearing under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The party requesting the hearing bears the burden of establishing that such person has the right to possession of the vehicle. The city bears the burden of establishing the validity of the proposed or completed impoundment. The standard of proof is a preponderance of the evidence.
(d) Failure of any person to request an impoundment hearing within the time provided or attend any such hearing constitutes a waiver of the right to such hearing and a determination of all issues then existing as supporting the impoundment or immobilization.
(e) At a hearing prior to the impoundment of a vehicle allegedly parked in violation of section 7-7-3, "Abandoned and Inoperable Vehicle," or 7-7-4, "Inoperable Vehicle on Private Property," B.R.C. 1981, the hearing officer shall determine whether the vehicle is parked in violation of such section. If the hearing officer so finds, the officer shall order the vehicle removed and impounded and assess the costs thereof against the vehicle.
(f) At a hearing following the impoundment of a vehicle pursuant to section 7-7-2, "Authority of City to Impound Vehicle," 7-7-3, "Abandoned and Inoperable Vehicle," or 7-7-4, "Inoperable Vehicle on Private Property," B.R.C. 1981, or immobilization of a vehicle pursuant to section 2-6-8, "Booting," B.R.C. 1981, the hearing officer shall determine whether the vehicle was subject to impoundment under section 2-6-8, "Booting," or 7-7-2, "Authority of City to Impound Vehicle," B.R.C. 1981, or was parked in violation of section 7-7-3, "Abandoned and Inoperable Vehicle," or 7-7-4, "Inoperable Vehicle on Private Property," B.R.C. 1981. If the hearing officer so finds, the officer shall assess the costs of removal and impoundment, including, without limitation, any administrative impound fee, against the vehicle. If the hearing officer does not so find, the officer shall order the vehicle released immediately to the person entitled to possession and shall assess the costs of removal and impoundment against the city.
(g) This section does not apply to bicycles.14
(Ordinance Nos. 4879 (1985); 4917 (1985); 5686 (1994); 5920 (1997))
7-7-8 Failure to Claim Vehicle.
If a vehicle, other than a bicycle, that has been impounded by the city pursuant to this chapter is still under impoundment seventy-two hours from the time at which notice prescribed by this chapter has been mailed to the registered owner and the owner has not requested a hearing pursuant to section 7-7-7, "Hearing," B.R.C. 1981, or obtained the release of the vehicle by paying accumulated removal and impoundment charges, the vehicle shall be deemed abandoned, and the city manager shall dispose of such vehicle in accordance with section 2-4-7, "Disposition of Motor Vehicles," B.R.C. 1981. But disposal shall be stayed if a timely request is made for a hearing as provided by this chapter.
(Ordinance Nos. 4917 (1985); 5686 (1994))
Every bicycle left at any place for such times and under such circumstances as to cause the bicycle reasonably to appear to be abandoned or parked in such manner as to cause an immediate safety hazard or an obstruction to entry or exit to a building or an area constitutes a public nuisance. If the person in possession of the bicycle is not present or is unwilling or unable to provide for its immediate removal, any peace officer may remove and impound the bicycle. The city manager shall dispose of bicycles impounded under this section in accordance with section 2-4-6, "Disposition of Property Other Than Motor Vehicles," B.R.C. 1981.
7-7-10 Authority to Move Vehicle.
Whenever any peace officer finds a vehicle stopped upon a street or alley in violation of any of the provisions of chapter 7-6, "Parking Infractions," B.R.C. 1981, or finds a vehicle obstructing a construction, maintenance, or repair project or a street closure on a public street, such officer is authorized, without limitation, to move or require the driver or person in charge to move the vehicle, if practicable, to a nearby position where it can be readily found by its driver and where it does not violate any provision of chapter 7-6, "Parking Infractions," B.R.C. 1981, and does not interfere with a project or closure.
9 42-5-107, C.R.S.
10 Rule 41(e) Colorado Rules of Criminal Procedure.
11 See section 7-7-9, "Abandoned Bicycle," B.R.C. 1981, for provisions concerning impoundment of bicycles.
12 See Bacik v. Commonwealth, 434 A. 2d 860 (pa 1981).
13 See section 7-7-9, "Abandoned Bicycle," B.R.C. 1981, for provisions concerning impoundment of bicycles.
14 See section 7-7-9, "Abandoned Bicycle," B.R.C. 1981, for provisions concerning impoundment of bicycles.