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Home My WebLink About2001 Ordinance No. 016• • • ORDfNANCE 0. _ilz. SERIES OF 2001 'W AU THORITY CO UNCIL BlLL NO. 13 lNTROUUCEDBY COUNCIL MEMBER GARRET!' AN ORD I ANCE AME NDlNG TITLE 11, CHAPTERS l AND 1A. OF THE E GLEWO OD MUNICIPAL CO DE 2000 PERTAIN! 0 T•) TRAFFIC AND PARKING ENFORCEMENT. DEAS, the City bu been erperiencing an incre in parking violationa throuchout the City; and WHEREAS , the City withes establish an overall policy regarding unpaid parking violations and to enhance complia.oce with the payment of parking tickets t hroug-hout the City of Englewood; and WHEREAS, an ordinance .ia hereby establiahed clarifying wh n the De partment of Safety Suvicea will be authorized to tow ve biclea that have accumulated more than three =paid parking tickets; and WHEREAS, an ordinance ia he~by eatabliahed to clanfy when a vehicle, which h u been towed and impounded for Wlpaid parking tickets, may be releaaed to the registered or tit! d owner or laid vehicle; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN CIL OF THE CITY OF ENGLEWOOD , COWRADO, AS FOLLOWS : """"""' ...... Th City Council of the City o{ EnglP.wood , Color ado hereby amendB Title 11, Cha ter 1, Sect.on 1, SubaectJon 8 (2), of the Eng-lewood Municipal Code ~,.. 0, by the addition or n Subeect:ion 2, end the renumbenna of Subsectiona ,ugh 29, which hall read u follows : 11-1-1: Adoption of Code. A. Pu,-uant to section«, article Vo{the Englewood Howe Rule Charter, and title 31, articl 16, parta l and 2, C .R .S. 1973, u amendt!d, there ia hereby dopted b refuence article.a I and II, incluaive of the 1996 Edition of the "Model Traffic Code for Colorado Municipalibe ■, • pl'OIDulgated and publiahed aa ,uch by the Colorado D partment of Transportation, 420 l E . Arkansas Avenu , Denver, Colorado 80222. Th aubj~ct mat er of the Model Traffic 'ode relate, primarily to mmprehell.live traffic-oontrol rerulationa for the City. The PIUJ)Ole ofthu Chapter and the 'lOde adopted hcrem is to proV1de a y tem of traffic rerulabon conei.st.ent with Stat11 law and gcnerell conforuun to llimilar regul11Liona throughout th S te and ation. A copy or the Model Tr~ flic Code adqc <'d he.rem ui now filed in the office of the City CJ rk of tt. City and may hf pected during regular bu.me s h.ourt . -I - l0bii B. The 1995 Edition of I.he Modol Traffic Code ia ado pted u if ■et out at length, e1tcept for the following parta nd ectJ.0119 or article I which are declared lo be inapplicable to this Municipality and are therefore npre ly eleted or a.mended : !. Penalty aaments--The City doea not U8e penalty ee mentl for traffic violatioll8 and therefore all references lo penalty asaeeamenta and procedures dealing with penalty e e ments in any article or section are eKpreuly deleted. ~-Part 1 Section 103. ie emended_ to read H follows: Code fox Colo rado Municipalities aa adopt,ed ehall apply to aH -~ highways and on private property made available for public use where the Cjtv has roptr:acted to p19yide traffic and parking enfon;ement. suclt contract ahall be a waiver of ony objection the owner may asaert ronoerni.ng enfo roe ment of this Section by peace officera of any political eu)>-djvjaion of thia State and auch officers are hereby authorized and empowered to 110 enforce Uris Code. provisions of law to the oontr:ary notwithstanding. ~-t Part !, section l06 ia amended to read aa follows : Restricted ee Of Streets (1) The Wl8 of certain streete and roadway■ by motor-driven eyelet, trucka or other commercial vehicles. bicycles, motorized bicycles and bol'$1!-drawn vehicles or other nonmolorized u-affic aball be restricted or prohibited when authorized by the Traffic Engine z nd when official aigna giving notice I.hereof are erected. {2) For the purpose or road construction and maintenance ony ttreet or portion thereof may, by ction of thia !Wlicipality or by greement with other concerned road agenciee . be temporarily cloaed to through traffic or to all vehicular traffic during the work project, and the traffic affected ■hall be guided along appropriate detours or alternative routes by offidal traffic control device . (3) When ■igna are so erected giving notice of reatrictioDS or (4) p bib1t1ons upon the use 0£ streets, no person shall disobey the direetioll8 or inlltructiom atated on ■uch signs. The provuion.e of aubsection (1) shall not be construed to prohibit the dnven of any exclud d vehicles from traveling over 11uch reatric:ud or orob.lbited 1tre ta, other tha.n controlled-accell8 roadways , for the purpo&e of deliverin or pic.la.ng up materiala or merchandise or reaching their -2- • • • • destinstiona which occur on these particular street., provided auch excluded vehicle■ enter 1uch atreetl at the interteetion nearest the deatination of the vehicle and proceed thereon no farther than the nearut interaectio.n thereafter. ~-Tbe City Council of the City of Englewood. Colorado hereby ame.n~ Tit! 11 , Chapter I.A. Section 2, of the Englewood MunicipaJ Code 2000, by the addition of a new Subaectioo J, which ahall read ea follows : 11-lA-2: hnpo u ndment o f Mot or Vehicle .. A vehicle, under any of the circum11tance9 set forth below, is conaidered to be an obstruction to traffic: or 11 11ublic nuisance. Any police officer Ol' Code enforcement officer, at the dire 'O!I c f t e r:ity, ill hereby authorized to remove or cauae to be removed, auch obstruction or nuisance ti-:, any public or pnvate way or pl.ace wheoewr such vehicle: A. Ia le u.natt.ended upon any brid e, viaduct, aubway, tUJ1Del. or where uc:h vehicle conlltitutes an ob truction to traffic; B. C. Is left unattended upon a public way , and iB ao disabled as to oonstituu, an cbatructioo to traffic, and the penon in charge of that vehicle ia w pacit.ated by reuon of intoxication or phyajcaJ injury to the extent as to be unable to provide for its custody or appropriate remove]; la left. unattended and illegally parked upon a street or alley, illegally parkad ao aa to ainatitut.e a haiard or obstructio11 to the normal movement of traffic; D . Ia left u.nattended on any public atreet with the en gine running, or with the keys in the ignition 1witch or lock.; E . Is parked in violatio11 of any traffic ordinance, and is an actual or potential obatructi.on or hazard to any lawful function or limits the normal access to a uae of any public or priva property; F. 11 left without an operator, the operator wno ltaa been taken into cuet.ody by the Ctty and the velucle, or motor velucle, would, the.re by , be left unattended upo.n a atreet or lughway or restricted parkin area, or 0th.er public nght-of--y. G . la being operated upon clie street or other public way of the City, ia apparently fe due to the mechanical condition or ia in 1uc:h a condition th.at it could not be le aily operated upon the City stree or other public w y; -3- H. la being operated upon the street.a or other public way by a peJ'IIOn without a current and valid operator's or chauffeur's License, or in violation oftbe reatrictiooa iml)Olled upon their license, or whil the person's operator's or chauffeur's license has been suspended, denied, revoked, or caru:eled by the at.ate of iasuaoce and there is oo licensed driver present aod capable to operate the vehicle; I. [■ found to be parked unattend&d on IU\Y public way in violation of the regiatratioo requi.remeota of the Slate of Colorado, or has no visible registration number plate atta.ched . ~-Ia found to huve all of the foUowmE l-three or more outstanding and unpaid parking ticket.a iHued within one calendar vear and or involved in any other iudicial or quasi-iudjcia l proceeding ll.l1ll the vehicle is currently parked in or on public property or on private property intended for public uae in such a manner that . . . . . ~-The City Council of the City of Englewood, Colorado ben,by amends Title 11 . Chapter 1A, Section 5, of the En1lewood Municipal Code 2000. by the addition of a new Subaec:tioo C, wluch shall read u follows : 11 -lA-S: Dlspo1itlon of Impounded Vehic les When Ownership Hu Been E 1tbU.hed. Whenever a vehicle has been unpounded in accordance with proviaiooa of thia Article , and ownerahip has n eeta hed to the ta!action of the City or Heanng Officer, or le&itimate cllllDI bu bee.n made. the owner or claimant will be notified of the locatioo of the velucle and the owner's or claimant's ha',ility for all feea pending p.inat the v luclc , nnd the owner'& ri ht to requ &t, within tt'n (10) days a.f\cr 1'110!1pt of tlul noua:, an adlD.llllBtrac, hearing to d termine the legality of the tow . -4- • • • • • A. No vehicle will be rel aaed from storage or impound until all feea accrued for towing and atora(l'e are paid. B. If the vehicle is not claimed within fifteen (15) days after notice bas been given to remove the vehicle, the provisions of Englewood Municipal Code Section l 1·1A·4 of this Article shall apply and the vehicle may be diapoeed of in accordance with the proviaiona of ·c Engl wood Municipal Code Section 11-lA•◄, Dispoaition of Unclaimed Impounded Vehicles. Q-No vehicle shall be released until the owner esta blishea that all un paid parking fines and costs have been paid to the City. or such othe r arrangements have been made and approved by Municipal Cqurt order Such proof shall be established by a release iaoued by the City and eigned by the Parking Referee or hls/her designee , ~-The proviaiona of this new E.M .C. Subsection l L-LA-2(.J), 11.hall apply only to those puking tickets 188ued after the cbte of enactment of thi ■ Ordinance. Section Ii. Safety Cjeusea The City Council hereby finds, determines, and declar • that this Ordinance is ro mulgated under the genera.I police power of the City of Englewood, that it ia promulgat.ed for the health, aafety. and welfare of th public, and that this Ordinance ia necessary for the preee"ation of health and ,afety and for the protection of public convenience and wel!are . The Citv Council furthe r det.ermine that the Ordinance bean a rational relation to the proper legislative object sought to be obtained. ~ 5eYt:Ubility If any clause, sentence , paragraph, or p rt of Ordinance or the application thereof to any person or circumstances ahall for any rea n be adjudged by a court o f compet.ent juriadiction invalid, auch judgment shall net a.B'ect, impair or invalidate tbe remainder of thia Ordinance or it application to other pereona or ci:n:umstances. Section 7 Inconaietent OrdinHncee All other Ordinances or portiona thereof inconsistent or conflicting w1 h this Ordinance or any portion hereof are hereby repealed lo the extent of eucb inconsistency or conflict. Sect.jon 8, Effi:ct of repeal pr modificabon. The repeal or modifir.ation of any provision of the Code of the City or Englewood by thia Ordinance ■hall not release, extinguish, alter, modify, or change m whole or in part any penalty, forfeiture, or liability, either civil or crim.inal, which shall have been incum!d under eucb provision, and each provision shall be treat.ed and held as still remallllllg 11\ force for the purposes auataining BllY and all proper actiona, euit.B , p11>Ceedinga, and proeecutions fo~ the enforcement of the p~nalty. forfeiture , or liability, aa well for the purpoee of 1uatainin11 any judgment, decree, or order wluch can or may be rendered , entered . or made in such act.Ions , auita, proceeding ■, or proaecutiona. Section !l &n.iilix. The Penalty Provision of E M .C . Section J -4-1 ,ball apply to each and e,·ery violation oftbie Orci;_nance . Intro.Ju re d in full , and p aaed on first reading on the 2nd day of April, 2001. -5- Published aa a Bill for an Ordi _...c:e on the 6th day of April , 2001 . Read by title and p d on final reading on the 16th day of April. 2001. Published by title at1 ()rdinance No . Jk Series of 2001 , on the 20th day of April, 2001. [, Loucrisbia Elha, City Cl e:r.k of the City of Englewood. Colorado , hereby certify that the above and foregoing iB a true oop'l, of the · nee p on final reading and publi h~.! by btle at Q:rdinance o. Up, Suies of 001. • -6- • • IL OMM TI O Dal ndall m Subject April 2, 2001 lmpoundmen t of Motor Vehicles ource lnitiateci B Safe Chris Olson, Director of Sa ety Services COU Cll GOAL O PR EV:O CO CIL CT IO Appr,wal of EMC 11 • l A·:l relating to 1mpo unclm nt 'J o tor eh1d es . RECOMM:'.: DED ACTI Amend EMC 11 • l A-2 to allow Fo r the imroundm nt and to ing of vehicles which have three outstanding, unpaid parking tickets, and are abo ut to r cerv ourth, 1thin one ca lendar year, whether on public property, or private property in tended or publk u . t th I t tick t I su d has been paid within 45 days, or the ticket Is under appeal or in olved i n an other judicial or quasH udlclal proceeding, this action will not apply . BACKGROU D. A LYSIS , A D LTER TIVfS IDE IFIED This amendment is recommend d in order to ddres p r in nr or.: m nt iss u s in the Civic Center area and In other hlgh-intensi parking arus in the Cl . Fl CIAL IMP CT All costs will be borne by the owner of the o ff ndlng v h1C1 1mpounclment costs . UST OF TTACHME S Proposed Bill for an rdlnanc,'