City Council Study Session Agenda and Packet 2013 02 26

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A. B. C. 2. A. B. C. D. E. Sec. 10.28.010. - Driver and owner liable for violation. No driver shall stop or park a vehicle and no owner of a vehicle shall fail to prevent the stopping or parking of that vehicle on private property without the consent of the owner or lessee of such property. Both the owner and the driver are jointly and severally liable for any such violation. It is a specific defense to the liability of the owner that the vehicle was parked or stopped by a thief at the time of the violation. (Code 1977, § 10.28.010; Ord. No. 858-1985, § 1) Sec. 10.28.020. - Towing and impounding of vehicle parked without authorization on private property. The owner or lessee of real property or an agent authorized by the owner or lessee may cause any vehicle, parked on such property without the permission of the owner, lessee, or occupant of the property, to be removed or impounded by a towing carrier. It is not necessary that a citation be issued for a vehicle to be removed or impounded pursuant to this section. The owner, lessee, or occupant of real property or an agent thereof, prior to causing the removal and impoundment of a vehicle from such person's property, shall provide clear notice on signs that say "PRIVATE PARKING: UNAUTHORIZED VEHICLES WILL BE TICKETED AND/OR TOWED AT OWNER'S EXPENSE." Such a sign shall not be required prior to removal of a vehicle when property in question is used for residential purposes as a single-family residence. 1. Within 30 minutes of completing the impoundment of a vehicle pursuant to this section, the towing carrier shall notify the city police department of such removal and impoundment, the location of the storage site, the time at which the vehicle was removed, and the make, model, color, year of the vehicle, the issuing state and expiration date of the license plate, and the vehicle identification number. Upon such notification, the police department shall ascertain, if possible, whether or not the vehicle has been reported stolen. If the vehicle is reported stolen, the police department shall recover and secure the vehicle and notify its rightful owner. The police department shall have the right to recover from the owner its reasonable costs in recovering and securing the vehicle. If it is determined that the vehicle is not reported stolen, the towing carrier shall, as soon as possible, but no later than 72 hours after receiving that determination, report such fact to the department of revenue by first-class or certified mail, or by personal delivery, on a report form supplied by the Department of Revenue and as according to C.R.S. § 42-4-1605. (Code 1977, § 10.28.020; Ord. No. 858-1985, § 1; Ord. No. 912-1986, § 2) Sec. 10.28.040. - Parking for certain purposes prohibited. No person shall park a vehicle upon a roadway, street, alley, sidewalk or sidewalk area, in a park or in any publicly owned parking area within the city for the principal purpose of displaying such vehicle for sale or lease. No person shall park a vehicle upon private property belonging to another for the principal purpose of displaying such vehicle for sale or lease unless such vehicle is parked upon property used as an automobile sales lot for consignment sale purposes. It is unlawful for the owner of any property located within the city to allow vehicles owned by others to be parked on such property for the principal purpose of being offered for sale or lease except as provided in subsection B of this section. Whenever a parked vehicle displays a sign or message indicating that it is being offered for sale or lease, such display shall be prima facie evidence that the vehicle is parked for the principal purpose of being displayed for sale or lease. For purposes of this section only, the term "vehicle" means and includes any device capable of being moved from place to place upon wheels or tracks, as well as devices capable of being moved on or through water or air, such as boats and airplanes. Page 1of 2Municode 2/19/2013http://library.municode.com/print.aspx?h=&clientID=13149&HTMRequest=http%3a%2f%2flibrary.muni... 26