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HomeMy WebLinkAboutordinance.council.008-63ORDiNaNCE MC. S (Series of 1963) ~,I~ ORDINfl'!CE TO ,2,IEND TITLE X OF Ti-iE OFFICIAL CODE OF 'SPEb~ TO PROVIDE AU?d£RITY TO REMOVE, IMPOUND AND SELL VEHICLES z:ND REPEALING SO MUCit OF "THE MODEL TP~kFFIC ORDINa. NCE FOR COLO~DO FFJNICIPALITIES~' AS IS IN C~EFLICT HEREWITH. BE IT RESOLVED, BY THE CITY COUNCIL OF THE CI~f OF ASPEN, COLORADO That t,~e Official Code of Jspen is hereby amended by adding to Title X of said Code a Section to be l~umbered 4, which S~ction reads as follows: 10-4-1: Members of the Police Department are hereby autho- rized to remove, or have removed at their direction, a vehicle from ~ry street, alley, high~y, roadway, sidewalk, ditch or other public way or place, and from any restricted or prohibited parking area, to any garage maintained by the City of ?spen or the Police Depart- ment, for the storage of ompounded vehicles, or in any private garage approved by the City Administrator for such purpose and ~ '~ d es~gnate on a list of such approved garages posted in his office, or to any other placeof safety, under any of the circumstances hereinafter enumerated, the Council hereby finding and determining s~ch vehicles under the folowing circumstances to b~ obstructions to traffic and public nuisances: a. When any vehicle is !~ft unattended upon any bridge or where such vehicle constitutes ar~ obstruction to traffic; B. When A vehicle upon a public way is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by ~ay o~ physical injury ow illness incapacitated to such an extent as to be unable to provide for its custody or removal; C. When any vehicle is left unattended upon a street or is parked illegally so as to constitute a definite hazard or obstruction to the normal movement of traffic, or left unattended on any public street with engine running or with keys in the ignition switch or lock; D. 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 b the City A~ninistrator, provided such area or portion of such public street has by him been posted with an official sign or signs giving notice ~oth of limitation or prohibition; E. When a vehicle is left parked at the same place contin- uously for a period of seventy two (72) hours; F. When an y vehicle has been taken in to custody by the Police Department and the vehicle would thereby left unattended on a street, highway or restricted parking area or other public wsy. G. ~iq~en the driver of a vehicle is reasonably suspected of using license plates or license permit unlaw£ully, or a vehicle is driven or parked without proper license permit, or driven or parked without proper license plates or license permits, or with no license plates or license permit, or driven or parked with an invalid or expired license pe~nito H. When the driver of a vehicle is driving without an operator's license, or chauffeur% license which is current and valid or who does not have such license in his immediate possession, or drives a vehicle while his operator's license or chauffeur's license has been denied~ suspended, cancelled or revoked by the State of Colorado. I. When a vehicle is found parked on or so near to any railroad ~ ~ ' ~rac~ as to block t,~e same in any manner. · When the driver o~ any vehicle or t~e veh~cle~hmc~ he is driving is reasonably suspected of having been involved in any hit and run accident. K. When any vehicle is reasonably suspected of being a stolen vehicle or parts thereof to be stolen parts. L. 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. 10-4-2: No vehicle so removed and stored or impounded shall be released until the charge for towing or otherwise removing such vehicle together with a charge for storage of the same, as hereinafter in this sub-section set forth, shall have been paid. ~e charye for towing or other removal of such vehicles shall be Ten dollars ~$!0.0C which sum represents (a) the reasonable average cost incurred by the City of Aspen in the remocal of a vehicle from a public street, (b) the clearance of a street area, and (c) storage of such vehicle for one day (1) or portion thereof. The storage charge for any vehicle so removed and stored or impounded which shall not be released during the first day of the storage or impounding thereof one dollar ($!.00) per day or any part thereof commencing with the second day such vehicle is so stored or impounded. 10-4-3: Whenever the police officer or any other employee of the City of Aspen so authorized removes the vehicle and causes it to be impounded as authorized in this section and the officer or other employee knows or is able to ascertain from the registration, or other records in the vehicle or otherwise, the name of the o~mer and address of the o~mer thereof, such officer or employee shall ir~ediate!y give or cause to be given notice in wrfting tossuch o~mer of the fact of such removal, the reason therefore, and the place to which such vehicle has been removed. 10-4-4: Whenever an officer or employee of the City of Aspen removes a v~]~_cle from a public way under the provms.~_ons and authority of this section and does not know or is not able to ascertain -2- the name of the ovmer thereof or for any other~ason is unable to give the notice to the ovmer as herein before provided and in the event the vehicle is not returned to the o~mer within a period of three (3) days, then in t/mat event, the City Administrator shall immediately send or cause to be sent a written report of such removal by mail to the state department whose duty it is to register motor vehicles. Such notice shall include a comple e description of the vehicle, the date, time and place of removal, the reasons for such removal, and the name of the garage or other place where the vehicle is stored with a request to that o~a~er of tNe vehicle be ~etified immediately. 10-~-5: Whenever, pursuant to the terms of this Section, a vehicle has been stored oa a lot maintained for the storage of impounded vehicles or at a garage designated for such storage for a period of thirty (30) days and no claim of ovmership o2 the right to possession thereof has be m made, or when such claim has bee~ made but not established to the satisfact!o~ of the City Adninist- rator, and no suit or action to determine such claim has iecu ~nstituted and impending, the City Adnfnfstrator may dispose of s~ch vehfc!e in the fol!ol,S.n~ m~nner: ;'~ ~ all ~ .... ~ ~ , ~'~ tocla~.m '~_.~o,o-'--'o~s or rcsldc~.c, -, '--, p~fsfn ~-',.., '50 ~",--..~, ........ ~,~c~ . m.~, Notice ~h~ .... ~l-.~.,-l~.~ ,.c)'' ~.'~ demakd ~,,~ ~-~ ~_~._ mnount du~ the e~.t},": "of ~s' ,c~' - as ~-~t,~rt ~n the notice and such ......... ' zur~er claims as shall accrue shall be paid aha tile right tn the n .... ~'~ '~ of ~' ~ ~_oooeo,~o~ ~.e vehicle be estab- After the time ~o~ tkle in the vehicle if there are any such persons, and the time and place of the sale shall be published once a week for two (2) consecutive weeks in a legal newspaper published in Pitkin County, Colorado. The sale shall be had not less than 15 days from the date of the first publication. 10-4-7: From the proceeds of such sale the City Administrator shall satisfy the claim of the City of Aspen for such charges for removal and storage of the vehicle, and forthe reasonable charges or expenses fDr or of such notice, advertising and sale. ~ne balance if any of the proceeds will be paid into the Treasury of the City of Aspen and appropriated to the General Fund. No claim for refund shall be ~ade by any person entitled to the same except such claim is made within one (1) year fro~ the date of any sale resulting in the pa.vment of any such proceeds into the Treasury. Such claim for refund shall be mad~ to the City Administrator who shall make a thorough examination of the claim so made. The failure on the part of any person to so request the initiation of a refund to him within one (1) year from the date of sale shall conclusive of the fact that he has no meritorious claim for such refund within the set period of one (1) year from the date of sale he shall not thereafter commence any action, suit or proceeding whatsoever to obtain the s~e and the City of Aspen shall be under no liability to him what- soever by reason of said sale of the payment of any part of the proceeds of said sale or the entire proceeds of the said sale in the Treasury of the City of Aspen° 10-4-8: t,l~en any vehicle is offered for sale at auction pursuant to the terms of this section and there is no bid or offered bid for the smne, the City Administrator shall declare the s~e to be sold to the City of Aspen for the amount of the charges for the removal and storage of such vehicle and the charges and expenses of notice, advertisement, and sale, and shall place the said vehicle in the custody of such department of the City of Aspen as he in his sole descretion, may determine for the sole benefit and use of the City of Aspen. 1~4-9: There shall be no right of redemption from any sale made pursuant to the ter~s of this section and after a vehicle has been sold pursuant to such terms neither the City of Aspen nor any officer, agent, or employee thereof shall be liable for failure to deliver such vehicle to any one other than the purchaser or purchasers at such sale. 10~.-10: Section 41, Section 145, and Section 146 of the ~Iodel Traffic Ordinance for Colorado Municipalities heretofore adopted by 10-1-t is repealed. 10~-!1: The Council finds this ordinance is necessary for the irmmediate preservation of public health and public safety and determines that it shall take effect immediately upon its final passage and publication. INTRODUCED,.~READ AND ORDERED published this day / ~/!4ayorTM A ST: /~ ' City~l~rk~// -4- Published in the ?sepn Times :~ugust 9, 7I~:~LLY RE:I), ,iPFRCVED ~,'CD ADOPTED, T~is ~ 19 ~ · ~riEST: City C!e~ / ? day o f ~--/ Ma~or - published in the Aspen Times ORDINANCE NO. SERIES OF I ~zZ~/, City Clerk of the City of Aspen, Col6r~do, do hereby certify that the aforegoing Ordinance was ~ntroduced and read at a regular meeting of the City Council of said City of Aspen on the ~--~--- day of ~~/ , 196.~ , and by order of said City Council was published as a proposed ordinance as the law directs and for mo~e than ten days prior to its passage in the Aspen Times, legal newspaper; and that on the ~.~/ day of ~'~~/, 19~-~ , the said proposed Ordinance was read and passed by the City Council aforesaid, the said meeting of said City Council being a regular meeting, and ordered published in the aforesaid newspaper as the law directs. %~ITNESS my hand and City of Aspen, Colorado, this the official seal of the ~ / day of ~"-~z~_~-~--~ ~- /