9-9-2: TOWING AND IMPOUNDMENT OF CERTAIN ILLEGALLY PARKED VEHICLES:

Notwithstanding subsection 9-9-1A of this chapter, any vehicle illegally parked and left unattended as described herein is hereby declared a public nuisance, per se, and may be towed and impounded by or under direction of the department without prior notice:

   A.   Any vehicle which substantially blocks a public or private driveway without the consent of the owner or person in control of the property.

   B.   Any vehicle which obstructs the movement of an emergency vehicle.

   C.   Any vehicle which obstructs or interferes with the use of a fire hydrant.

   D.   Any vehicle parked in violation of a posted parking regulation, where a temporary or permanent traffic sign indicates "Towaway Zone".

   E.   Any vehicle parked on a street or alley in a manner which obstructs pedestrian or vehicular traffic.

   F.   Any vehicle parked in violation of this title.

   G.   Any vehicle parked in the "library outside book drop off" space in violation of section 9-4-15 of this title.

   H.   Any vehicle parked in a designated bicycle lane in violation of subsection 9-4-1A22 of this title. (1994 Code; amd. Ord. 05-4178, 9-6-2005, eff. 9-15-2005; Ord. 22-4877, 3-22-2022)

9-9-3: VEHICLES TOWED AND IMPOUNDED PURSUANT TO ARREST OF DRIVER:

A vehicle may be towed and impounded by or under the direction of the department when the driver is arrested if:

   A.   The arrested person consents to the impoundment; or

   B.   The vehicle is not legally parked or will constitute a traffic hazard if left at its location at the time of arrest, and the arrested person is either unable or unwilling to move it or have it moved; or

   C.   The vehicle may be towed and impounded pursuant to a provision of this title. (1994 Code)

9-9-4: IMPOUNDMENT FOR ACCUMULATED PARKING VIOLATIONS:

   A.   Determination Of Towing And Impoundment: If any vehicle has accumulated a combination of parking violations, ramp charges, and/or vehicle unlock fees, totaling fifty dollars ($50.00) or more, such vehicle may be towed and impounded or may be impounded by use of a "Denver boot" or similar device, as hereafter provided. (Ord. 09-4344, 6-16-2009)

   B.   Notice Of Towing And Impoundment; Hearing:

      1.   Towing and impoundment shall occur only after notice and opportunity for an administrative hearing is offered to the last known owner or person entitled to possession of such motor vehicle. Notice may be provided either on the citation or through a separate mailing. No vehicle shall be towed and impounded unless such vehicle is on a public street or in a public parking lot.

      2.   Notice shall be in writing, either on the citation or through a separate mailing, and shall state that there is a right to request an administrative hearing before towing and impoundment if such request is made within ten (10) calendar days of the notice, that failure to request a hearing within ten (10) calendar days or failure to appear at a requested hearing waives the opportunity for hearing, and that the owner or other person entitled to possession shall be responsible for all charges and costs incurred for towing and impoundment of the vehicle, in addition to charges for unpaid parking tickets. (Ord. 09-4349, 6-16-2009)

   C.   Impoundment By Use Of Denver Boot: Impoundment by use of the Denver boot is subject to the following:

      1.   Impoundment shall not exceed twenty four (24) hours, except a peace officer may extend or reduce such time period for safety or traffic reasons.

      2.   No vehicle shall be impounded within the traveled portion of any street or on any portion of a street or sidewalk when the impoundment at such place would create a hazard to the public or traffic.

      3.   On expiration of the time period contained at subsection C1 of this section, the vehicle shall be towed and impounded. (1994 Code)

9-9-5: EMERGENCY TOWING AND IMPOUNDMENT:

If an emergency requires the immediate removal of a vehicle lawfully parked, the police department may authorize the vehicle to be towed and, if necessary, impounded. The owner or person entitled to possession of the vehicle may reclaim the vehicle at any time without charge, and the party requesting emergency removal shall pay all costs and expenses resulting from the towing and impoundment. (1994 Code)

9-9-6: ENTRY INTO VEHICLES TO BE TOWED OR IMPOUNDED RESTRICTED:

If it is necessary to enter a locked or unlocked vehicle in order to tow or impound the vehicle, the entry must be made in the presence of a peace officer. (1994 Code)

9-9-7: IMPOUNDMENT LOCATION:

All vehicles towed pursuant to this title shall be impounded in the areas or places designated by the city council. (1994 Code)

9-9-8: RECORDS KEPT:

When a vehicle is towed or impounded under the provisions of this title, the department shall maintain a record of the vehicle, including sufficient identifying information, the date and hour of towing, location towed from, impoundment or towing destination, person performing the towing, reason for towing or impoundment and the name of the peace officer authorizing the tow or impoundment. (1994 Code)

9-9-9: NONAPPLICABILITY TO VEHICLES AS EVIDENCE IN CRIMINAL CASES:

This title shall not affect the established procedures for seizing a vehicle as evidence in a criminal case. (1994 Code)

9-9-10: HEARING FOR OBJECTION TO TOWING AND IMPOUNDMENT:

   A.   The owner, lien holder of record, or a person claiming rightful possession may object and request an evidentiary hearing to a towing, impoundment and/or to the fees and charges assessed if a vehicle is towed and/or impounded with or without prior notice. Request for a hearing after an impoundment must be made within ten (10) days after notice of impoundment is provided by the department or shall be deemed waived.

   B.   The person challenging the towing, impoundment, and/or fees and charges shall be informed of the reason for the towing and/or impoundment, and a hearing shall be held without unnecessary delay before the city manager or designee.

   C.   The city manager or designee shall consider all relevant information offered by witnesses, including the person challenging the towing, impoundment, and/or fees and charges and shall set forth findings as to the objection and grounds for challenge. The city manager or designee shall notify the person challenging the impoundment of the decision, and the decision shall indicate whether the towing, impoundment, and/or fees and charges was appropriate.

   D.   If the city manager or designee finds the vehicle was improperly towed and/or impounded, the vehicle shall be released to the person challenging the towing and/or impoundment upon compliance with subsection 9-9-11A of this chapter. All costs of towing, preservation, storage and notification accruing through the fourth calendar day after the city manager’s or designee’s decision shall be paid by the city. All costs accruing thereafter shall be paid by the person challenging the impoundment prior to the vehicle’s release from impoundment. If the city manager or designee finds the vehicle was properly towed and/or impounded, but finds a fee or charge is improper, the city shall pay the improper fee or charge. (1994 Code; amd. Ord. 21-4850, 3-2-2021)