ABATE: To bring to a halt, eliminate, or, where that is not possible or feasible, to suppress, reduce, and minimize.
CLOSE, TO CLOSE, OR CLOSURE: To exercise control over the motor vehicle and remove all owners, occupants, and other persons from the motor vehicle; and to impound, lock, secure, and otherwise close and prohibit all entry, access, and use of the motor vehicle, except access and use as may be specifically ordered by the Court; or for purposes of inventory, maintenance, storage, security, or release of emergency items; and to vest the sole right of possession and control of the motor vehicle in the City of Colorado Springs for a limited period of time defined by Court order.
FAIR MARKET VALUE: The value of the vehicle on a fair market, to be determined by reference to similar sale activity, prior sale activity, or value as described in the Kelley Blue Book or similar reference.
GANG RELATED CRIMINAL ACTIVITY: Any criminal violation of Federal law, State law or City Code committed by any person or persons, individually or acting jointly through a conspiracy or in complicity, where the person(s) is a member of an association or organization which has as one of its purposes the commission of crime.
LEGAL OR EQUITABLE INTEREST OR RIGHT OF POSSESSION: Every legal and equitable interest, title, estate, tenancy, and right of possession recognized by law and equity, including any right or obligation to manage or act as agent or trustee for any person holding any interest or right.
MOTOR VEHICLE OR VEHICLE: Any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public streets or highways or a low-speed electric vehicle; except that the term does not include electrical assisted bicycles, electric scooters, low-power scooters, wheelchairs, or vehicles moved solely by human power. This term shall include "recreational vehicle" as defined in City Code §10.1.202. This term also includes any vehicle adapted or modified for overnight accommodation of persons, or for the carrying on of business. Except as otherwise provided, the term "Motor Vehicle" shall include all contents or fixtures of any vehicle.
OWNER: Person or legal entity with a present bona fide legal or equitable interest in the property, or right of possession in the property.
PERSON: Natural persons and every legal entity whatsoever including, but not limited to, corporations, limited liability companies, partnerships, limited partnerships, and associations. This definition is only applicable to this article.
VEHICULAR PUBLIC NUISANCE: A motor vehicle shall be deemed a vehicular public nuisance when it is used to commit, conduct, promote, facilitate, or aid the commission of the below enumerated illegal activity. For purposes of this article, the illegal activity shall have the same definition as that contained in the pertinent section(s) of the Colorado Revised Statutes (C.R.S.), as amended, or the pertinent section(s) of the Code of the City of Colorado Springs (City Code), regardless of the offense classification. Evidence of the existence of a vehicular public nuisance shall include evidence that the motor vehicle was used in one (1) or more of the following enumerated illegal activities:
A. Prostitution, soliciting for prostitution, pandering, and pimping as prohibited by Colorado Revised Statutes Title 18, Article 7, Parts 2 and 4 and/or City Code section 9.4.102;
B. Any gang related criminal activity;
C. Any drive-by crime as defined in Colorado Revised Statutes section 16-13-301(2.2);
D. Vehicular eluding as prohibited in Colorado Revised Statutes section 18-9-116.5;
E. Eluding or attempting to elude a police officer as prohibited in Colorado Revised Statutes section 42-4-1413 and/or City Code section 10.24.109;
F. Speed contests and speed exhibitions, or aiding and facilitating a speed contest or exhibition as prohibited in Colorado Revised Statutes section 42-4-1105 and/or City Code section 10.5.107;
G. Reckless driving as prohibited in Colorado Revised Statutes section 42-4-1401 and/or City Code section 10.6.101.
H. Repeated (at least three (3) or more occasions within a five (5) year period) violations of Driving Under Restraint as prohibited in Colorado Revised Statutes section 42-2-138, Driving After Revocation Prohibited as provided in Colorado Revised Statutes section 42-2-206, or Driving Without a License as prohibited in Colorado Revised Statutes section 42-2-101.
VOLUNTARY ABATEMENT AGREEMENT: The written agreement created by defendant(s) and the City in which the civil case is resolved by stipulation. The agreement will be reduced to a written document which will detail stipulated facts and admissions, as well as a plan for abatement of any current and future vehicular nuisance activity. This document will also contain any stipulated remedies or other terms as described in City Code section 10.29.112. Finally, this document will contain signatures of all relevant parties and be made an order of the Court. (Ord. 21-33; Ord. 23-01)