A. General: The Court shall issue an ex parte temporary restraining order if the motion for temporary restraining order, supported by affidavit, shows that there is probable cause to believe that the specified motor vehicle is a vehicular public nuisance. The Court shall serve the temporary restraining order in the same manner as described in City Code subsection 10.29.104M upon all parties who were served the prior notification required by City Code section 10.29.105, and any other known defendant(s) which meet the definition in City Code subsection 10.29.104J. The Court Clerk shall serve the temporary restraining order by placing a copy in the mail via first class mail within one business day of the Court signing such order.
B. Continuous Effect Of Temporary Restraining Orders: Temporary restraining orders shall remain continuously in effect unless modified by Court order as provided in City Code sections 10.29.108 and 10.29.112. Temporary restraining orders may also be modified or vacated after trial on the merits and further order of the Court. A temporary restraining order that has been continuously in effect for a period of two (2) years from the date it was signed by the Court that has not resulted in the closure/detention of a motor vehicle shall expire and be deemed vacated.
C. No Security Or Bond: No security or bond of any type shall be required to be posted by the City in obtaining any temporary restraining order under this article.
D. Form And Scope Of Temporary Restraining Order: Every temporary restraining order shall set forth the reason(s) for its issuance, be reasonably specific in its terms, and describe in reasonable detail the acts and conditions authorized, required, or prohibited. The temporary restraining order shall be binding upon the property, the parties to the action, their attorneys, agents, employees, and any other person who receives actual notice of the order.
E. Terms Contained Within The Temporary Restraining Order: The temporary restraining order shall make the following orders:
1. The Colorado Springs Police Department shall be ordered to close/detain the motor vehicle using any reasonable force necessary and to place the same in police custody, preventing its use for any purpose until further order of the Court. Any personal property contained within or attached to the vehicle at the time of closure/detention is considered part and parcel of the motor vehicle and shall be held in the same manner unless by further order of the Court. However, the relevant Colorado Springs Police Department impound lot may release emergency items of personal property to those who can provide proof of ownership, consistent with their policies and procedures. These emergency items include as an example, but are not limited to: identification documents, medications, car seats, or items like a laptop needed for school or employment.
2. All named defendants shall be ordered to deposit with the Colorado Springs Police Department copies of any documents in their possession that evidence ownership, title, registration, and/or any keys and other devices for either access to and/or operation of the motor vehicle.
3. The Colorado Springs Police Department shall personally serve copies of the summons, complaint, and motion for temporary restraining order upon any person who reasonably appears or claims to hold a legal or equitable interest or right of possession in the motor vehicle at the time of closure/detention.
4. All persons shall be restrained from removing, concealing, damaging, destroying, selling, giving away, encumbering, or transferring any interest in the motor vehicle, or using the motor vehicle as security for a bond during the pendency of the action or the closure/detention of the vehicle, whichever is longer.
5. Person(s) holding any legal or equitable interest or right of possession in the motor vehicle shall be ordered to take all reasonable steps to abate the vehicular public nuisance and to prevent it from recurring during the pendency of the civil action.
6. The Court may also enter any other orders that may be reasonably necessary to take the motor vehicle into the Court's constructive custody, and to safeguard the motor vehicle. The Colorado Springs Police Department may also engage in normal process for impounded vehicles, and they may conduct an inventory of the vehicle and items contained therein.
F. Effective Date Of Temporary Restraining Order: The temporary restraining order shall become effective twenty-one (21) days after the date the temporary restraining order is signed by the Court, unless within that twenty-one (21) day period a person claiming a legal or equitable interest or right of possession in the motor vehicle properly files, serves, and sets a hearing on the written motion to modify, vacate, or stay the temporary restraining order as provided and described in City Code section 10.29.108. No temporary restraining order shall permit the closure/detention of a motor vehicle until this twenty-one (21) day period has elapsed. (Ord. 21-33; Ord. 23-01)