A. General: The owner of a vehicle that has been closed/detained pursuant to this article may motion the Court to release the vehicle on bond for the pendency of the civil action. The Court may only release a vehicle on bond when the following conditions are met:
1. The moving party proves by a preponderance of the evidence that they possess a legal or equitable interest or right of possession in the vehicle; and
2. The moving party has not been found guilty of contempt of court in any proceedings; and
3. The moving party demonstrates by evidence satisfactory to the Court that the vehicular public nuisance has been abated and will not reoccur; and
4. The moving party agrees, under penalty of contempt of court, to return the vehicle to the jurisdiction and custody of the Colorado Springs Police Department upon order of the Court; and
5. The moving party agrees to abide by any additional conditions of bond proscribed by the Court, including but not limited to posting a monetary bond, prohibiting certain individuals from operating the vehicle, or any other term reasonably calculated to ensure that the vehicular public nuisance activity does not reoccur.
6. Other terms of the restraining order also remain in effect, including the term prohibiting sale or encumbrance of the vehicle.
B. Procedure: The following procedures apply when an owner motions the Court to release a vehicle on bond for the pendency of the civil action:
1. The motion must be in writing and must be served upon the City Attorney's Office, Prosecution Division. The motion must state with particularity the grounds supporting the motion. The Court may rule upon the pleadings regarding releasing the vehicle on bond, but only after allowing seven (7) days for the City to respond in writing, or the Court may set the motion for a hearing.
2. If the Court chooses to release the vehicle during the pendency of the action pursuant to this subsection, the Court shall impose a monetary bond of not less than the fair market value of the vehicle, and any additional terms the Court in its discretion finds are necessary to prevent reoccurrence of the vehicular public nuisance during the pendency of the action, and to ensure return of the vehicle if ordered by the Court. The Court shall only accept a cash bond, and shall not permit a surety. The bond will be paid to the Municipal Court and held pending resolution of the action. A bond may be forfeited pursuant to similar provisions in this Code when appropriate. (Ord. 23-01)