REMOVAL AND IMPOUNDMENT OF VEHICLES

Colorado Springs City Code ch. 10, art. 25

in effect

Colorado Springs City Code § 10.25.101 AUTHORITY TO IMPOUND VEHICLES

10.25.101: AUTHORITY TO IMPOUND VEHICLES: Members of the Police Department are authorized to remove, or have removed at their direction, any vehicle from any public or private way or place, under any of the circumstances enumerated in this section. Any vehicle removed under the provisions of this section may be taken to the City garage, to any lot maintained by the City, to the Police Department for the storage of impounded vehicles, or to any other place designated by the Police Department, or under contract with the City, for the storage and maintenance of the impounded vehicles. No action for the recovery of compensation for damages to or loss from any vehicle impounded under the provisions of this Code shall be maintained against the City when the vehicle is impounded pursuant to this section. The authority to remove, or have removed, any vehicle is granted under any of the following circumstances: A. Any vehicle left unattended on any bridge, viaduct, underpass, subway or tunnel, or where such vehicle constitutes an obstruction to traffic. B. Any vehicle on a street, highway, alley, or roadway that is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury or other physical condition incapacitated to an extent as to be unable to provide for its custody or removal. C. Any vehicle left unattended on a street, highway, alley, or roadway in a manner that constitutes a hazard or obstruction to the normal movement of traffic. D. Any vehicle left unattended, on any street, highway, alley, or roadway with an engine running, or with a key in the ignition, or both. E. Any vehicle left unattended or parked in any area designated by the Traffic Engineer as a "Tow-Away" area. F. Any vehicle left unattended or parked in a manner that blocks ingress or egress from driveways, obstructs a bike lane, or obstructs sidewalk pedestrian traffic. G. A vehicle parked on a street, highway, or alley in the same place, or within one hundred feet (100') of that place, continuously for a period of seventy two (72) hours; or when any vehicle is left parked in the same place or within one hundred feet (100') of that place upon a street fronting on a business zone area, continuously for a period of twenty four (24) hours or more. H. The driver of the vehicle is taken into custody by the Police Department and the vehicle would be left unattended. I. A vehicle being driven in the City that is not equipped with all necessary parts and equipment as required by this chapter, or does not meet the standards of the parts or equipment required. J. A police officer observes a vehicle being driven in the City and has probable cause to believe the operator is violating section 10.22.232 of this Code, or violating any section of Title 42, Article 3, Part 1 of the Colorado Revised Statutes. K. A police officer observes a vehicle being drive in the City and has probable cause to believe th operator is violating any section of Title 42, Article 2, Part 1 of the Colorado Revised Statutes. L. Any vehicle parked or left unattended on or so near to any railroad track as to block the same in any manner. M. Any truck-trailer found to be parked in any parking metered space. N. Any semitrailer found to be parked in any parking metered space. O. The driver of any vehicle, or the vehicle being driven, or both is reasonably believed to have been involved in an accident and to have left the scene without reporting the accident to proper authorities. P. Any vehicle reasonably suspected of being a stolen vehicle, or parts thereof to be stolen parts. Q. The driver of any vehicle is taken into custody for a suspected felony or misdemeanor, or when the vehicle is suspected of containing stolen goods or other contraband. R. Except as to vehicles parked in a City owned parking lot or structure in violation of this Code, which may be immediately impounded pursuant to subsection 10.16.110A of this chapter, any vehicle left parked on any roadway, employee parking area, public parking lot, or other place at the Municipal Airport, for a period of thirty (30) days or more. The vehicle shall be presumed to have been abandoned by the owner. S. When a driver, owner or person in charge of a vehicle has received a notice to respond to a charge against the person for a violation of this chapter and the driver, owner or person in charge of the vehicle has failed to respond and answer to the charge, employees of the City acting in their official capacity and officers of the Police Department, are authorized to temporarily and for a period of seventy two (72) hours immobilize the vehicle by installing on or attaching to the vehicle, a device designed to restrict the normal movement of the vehicle, and if the vehicle is immobilized the employee of the City or police officer installing or attaching the device shall conspicuously affix to the vehicle a notice in writing, on a form to be provided by the Chief of Police, advising the owner, driver or person in charge of the vehicle that the vehicle has been immobilized by the City for violation of one or more of the provisions of this chapter and that release from the immobilization may be obtained at a designated place; that unless arrangements are made for the release of the vehicle (within 72 hours) the vehicle will be removed from the streets at the direction of the employees of the City acting in their official capacity, or by a police officer, and that removing the device before a release is obtained is unlawful; and containing other information as the Chief of Police shall deem necessary. It shall be unlawful for any person to remove any device before a release is obtained, or to move any vehicle before the same is released by the Police Department or the Clerk of the Municipal Court; and where the vehicle has been properly immobilized, a fee set by the Municipal Judge shall be charged by the Police Department or Clerk of the Municipal Court before releasing the vehicle, and the parking restrictions, if any, otherwise applicable shall not apply when the vehicle is so immobilized. If the vehicle has remained immobilized for a period of seventy two (72) hours and release has not been obtained, the police officer or employee of the City causing immobilization shall have the vehicle impounded. T. Except as to vehicles parked in a City owned parking lot or structure in violation of this Code, which may be immediately impounded pursuant to subsection 10.16.110A of this chapter, any vehicle left parked at any City owned or City operated parking lot or structure, other than at the Municipal Airport, for a period of thirty (30) days or more. The vehicle shall be presumed to have been abandoned by the owner. U. Any vehicle parked, stopped or allowed to stand in a City owned parking lot or structure in violation of this Code. V. If an inoperable or unlicensed vehicle, within the meaning of section 9.6.502 of this Code or the City's Zoning Code, is being maintained on property within this City in violation of this Code, the vehicle shall be removed by private contractor retained by the Police Department or other City agency, upon the request of the Code Enforcement Administrator, made after compliance with the procedures established in the Zoning Code or section 9.6.508 of this Code, to the lawful place designated for storage of vehicles seized pursuant to this article, and surrendered to the custody of the Chief of Police for storage and/or disposal pursuant to the procedures established in this article. The notice of impoundment and post-tow hearing provisions of sections 10.25.104 and 10.25.105 of this article shall apply to any vehicle removed pursuant to this subsection. No vehicle shall be removed or impounded pursuant to this subsection until expiration of the appeal period, as provided in the Zoning Code, or until conclusion of a perfected appeal, as provided in the Zoning Code, as applicable. W. Any commercial vehicle with a gross vehicle weight rating (GVWR) of ten thousand one (10,001) pounds or greater parked on a street, highway, roadway, or public place in a Residential Zone District, as defined by Article 2 of Chapter 7 of this Code. X. Any recreational vehicle left unattended or parked on a street, highway, alley, public roadway, or other public right-of-way for a period of time greater than that necessary for the expeditious loading and unloading of passengers or property. Y. Any vehicle left unattended or parked on a street, highway, alley, roadway, or other public place that does not display license plates in the manner required by section 10.22.232 of this Code. Z. Any vehicle left unattended or parked on a street, highway, alley, roadway, or other public right-of-way that is an inoperable vehicle, as defined in section 9.6.502 of this Code. For purposes of this section only, "vehicle" shall also include trailers and camper trailers, as defined in section 10.1.202 of this Code. (1968 Code §6-25-1; Ord. 75-86; Ord. 83-319; Ord. 84-169; Ord. 87-11; Ord. 88-190; Ord. 90-121; Ord. 00-59; Ord. 01-42; Ord. 03-124; Ord. 14-68; Ord. 18-131; Ord. 25-42)

Colorado Springs City Code § 10.25.102 ILLEGAL PARKING

10.25.102: ILLEGAL PARKING: A. It shall be unlawful for any person to park or leave a vehicle unattended in the following circumstance(s) or manner(s): 1. Any vehicle left unattended on any bridge, viaduct, underpass, subway, or tunnel, or where such vehicle constitutes an obstruction to traffic. 2. Any vehicle left unattended upon a street, highway, alley, or roadway, or parked illegally so as to constitute a hazard or obstruction to the normal movement of traffic. 3. Any vehicle left unattended on any street, highway, alley, or roadway with an engine running, or with a key in the ignition, or both. 4. Any vehicle left unattended or parked in any area designated by the Traffic Engineer as a "Tow-Away" area. 5. Any vehicle left unattended or parked in a manner that blocks ingress or egress from driveways, obstructs a bicycle lane, or obstructs sidewalk pedestrian traffic. 6. A vehicle left parked on a street, highway, or alley in the same place, or within one hundred feet (100') of that place, continuously for a period of seventy two (72) hours. 7. Any vehicle left parked in the same place or within one hundred feet (100') of that place upon a street fronting on a business area continuously for a period of twenty four (24) hours or more. 8. Any vehicle is parked or left unattended on or so near to any railroad track as to block the same in any manner. 9. Any truck-trailer parked in any parking metered space. 10. Any semitrailer parked in any parking metered space. 11. Any commercial vehicle with a gross vehicle weight rating (GVWR) of ten thousand one (10,001) pounds or greater parked on a street, highway, alley, roadway or public right-of-way in a Residential Zone District, as defined by Article 2 of Chapter 7 of this Code. 12. Any recreational vehicle left unattended or parked on a street, highway, alley, roadway or any other public place for a period of time greater than that necessary for the expeditious loading and unloading of passengers or property. 13. Any vehicle left unattended or parked on a street, highway, alley, public roadway, or other public place that does not display license plates in the manner required by section 10.22.232 of this Code. 14. Any vehicle left unattended or parked on a street, highway, alley, public roadway, or other public right-of-way that is an inoperable vehicle, as defined in section 9.6.502 of this Code. B. The registered owner of the vehicle shall be presumed to have left the vehicle parked or unattended as described in subsection A of this section. C. For purposes of this section only, "vehicle" shall also include trailers and camper trailers, as defined in section 10.1.202 of this Code. (1968 Code §6-25-2; Ord. 75-86; Ord. 01-42; Ord. 03-124; Ord. 25-42)

Colorado Springs City Code § 10.25.103 STORAGE AND TOWING CHARGES

10.25.103: STORAGE AND TOWING CHARGES: A. For the purposes of this section: 1. "Impound" refers to a vehicle towed to and stored in a lot owned or leased by a government or operator at which motor vehicles are stored under appropriate protection. 2. "Operator" means a person or firm licensed by the public utilities commission as a towing carrier. B. Charges for the towing or other removal of any vehicle shall be based upon a computation of all actual expenses incurred by the City and/or the tow operator contracted to remove and store vehicles in accomplishing the towing or removal. C. A schedule of the charge or charges shall be posted for public inspection on a City of Colorado Springs website page designated for impounded vehicle information. D. The charge for storing each vehicle so removed and impounded shall not exceed the charges published and regulated by the Colorado Public Utilities Commission (PUC). E. The registered or legal owner, lienholder or authorized agent of a vehicle which has been towed and impounded pursuant to the provisions of section 10.25.101 of this article may request a hearing concerning the waiver of towing, impound, and/or storage charges by following the provisions set forth in section 10.25.105 of this article. The Presiding Judge or designee, the Municipal Court Referee, may waive the imposition and collection of all or any part of the towing, impound and storage charges as outlined in section 10.25.105 . F. The City department responsible for the tow and/or contracted tow operator may require that a vehicle be towed from the City impound lot or maintained lot by a licensed towing company of the registered owner's choice, in the event that the vehicle to be released is deemed to be an unsafe vehicle as determined by reference to applicable laws and regulations relating to required equipment and safety, or in the event that proper documentation that the vehicle is insured cannot be produced. (1968 Code §6-25-3; Ord. 75-86; Ord. 95-21; Ord. 97-10; Ord. 01-42; Ord. 09-119; Ord. 11-19; Ord. 11-24; Ord. 24-07)

Colorado Springs City Code § 10.25.104 NOTICE OF IMPOUNDMENT

10.25.104: NOTICE OF IMPOUNDMENT: A. Except as provided in subsection D of this section, whenever a vehicle is towed and impounded at the direction of the City pursuant to the provisions of this chapter, the City department responsible for the tow or contract tow operator shall notify the registered owner and any current lienholder, if ascertained, of the impoundment of the vehicle and of the opportunity to request a hearing to determine the validity of the impoundment. B. The notice shall be sent by regular mail to or shall be personally served on the registered owner, and any current lienholder if ascertained, within seventy two (72) hours of impoundment, excluding weekends and holidays, and shall include the following information: 1. The location of storage of the motor vehicle; 2. The location from which the motor vehicle was towed; 3. The manner in which the vehicle may be reclaimed; 4. The reason for which the motor vehicle was towed and impounded; 5. A description of the motor vehicle, which shall include, if available, the make, model, license plate number, and vehicle identification number; 6. That, unless claimed within thirty (30) calendar days from the date appearing on the notice, the motor vehicle is subject to sale; and 7. That the registered or legal owner, lienholder or authorized agent of a vehicle which has been towed and impounded pursuant to the provisions of section 10.25.101 of this article may request a hearing, pursuant to section 10.25.105 , concerning the legality of the towing and impoundment by filing a written request with the Colorado Springs Municipal Court within ten (10) days from the postmark on the notice. C. The notice and hearing requirements of subsection A of this section and subsection 10.25.105 A of this article shall not be applicable as to any vehicle which is towed, impounded and held pursuant to order of a law enforcement agency for evidentiary purposes relating to any criminal case which is under investigation or pending in a court of competent jurisdiction. This subsection shall not limit any registered owner's rights under CMCR 241(e). (Ord. 87-11; Ord. 01-42; Ord. 24-07)

Colorado Springs City Code § 10.25.105 IMPOUNDED VEHICLE; POST-TOW HEARING

10.25.105: IMPOUNDED VEHICLE; POST-TOW HEARING: A. The registered or legal owner, lienholder or authorized agent of a vehicle which has been towed and impounded pursuant to the provisions of section 10.25.101 of this article may request a hearing concerning the legality of the towing and impoundment by filing a written request with the Colorado Springs Municipal Court within ten (10) days from the postmark on the notice. Failure to timely request or to attend a scheduled hearing shall be deemed a waiver of the right to a hearing. However, for good cause shown by the owner, lienholder or authorized agent thereof, the court may extend the hearing request deadline for a reasonable period of time. B. Upon a showing that the registered or legal owner, lienholder or authorized agent of a vehicle which has been towed and impounded pursuant to the provisions of section 10.25.101 of this article was not involved in the criminal activity which necessitated towing and/or impoundment, the City shall have the discretion to release an impounded vehicle to that owner, lienholder or authorized agent without the imposition of fees and without a required hearing so long as the vehicle is not needed for evidentiary purposes. C. Upon receipt of a timely written request, a hearing shall be conducted within seventy two (72) hours of the request, excluding weekends and holidays, if the vehicle remains impounded, or within ten (10) days of the request if the vehicle has been released, or, for good cause shown by the owner, lienholder or authorized agent thereof, the court may extend the hearing deadline for a reasonable period of time. The hearing shall be conducted by a Hearing Officer, which Hearing Officer shall be a Judge of the Municipal Court for the City of Colorado Springs, or should the Presiding Judge so designate, the Municipal Court Referee. D. The Hearing Officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The burden of proof shall be on the City department responsible for the tow to establish by a preponderance of the evidence probable cause for the impoundment. E. For the purposes of this section, "probable cause" shall mean a state of facts as would lead a reasonable person to believe that there was sufficient compliance with a provision of section 10.25.101 of this article or other lawful authority as to grant authority to tow and impound the vehicle. F. If the Hearing Officer subsequent to hearing determines there was probable cause to tow and impound the vehicle, the provisions of section 10.25.103 of this article shall apply. Should the charges provided for not be paid, the vehicle shall be sold or otherwise disposed of as provided in section 10.25.106 of this article. G. If the Hearing Officer subsequent to hearing determines there was no probable cause to tow and impound the vehicle, the City department responsible for the tow shall release the vehicle to the registered or legal owner, lienholder or authorized agent thereof, and shall be responsible for the costs incurred in the towing and storage of the vehicle. Failure of the registered owner, lienholder or authorized agent to take possession of the vehicle within forty eight (48) hours of the hearing, excluding weekends and holidays, shall render the registered owner, lienholder or authorized agent liable for all subsequent storage charges. H. For the purposes of this section, "authorized agent" means a person who is authorized to act on behalf of or at the direction of the registered or legal owner of the towed vehicle, in all matters concerning this section. Proof of authorization may include a power of attorney or a notarized letter executed and signed by the registered or legal owner or lienholder which empowers the agent to act in the place of the registered or legal owner or lienholder regarding the towed vehicle. "Legal owner" shall include any person who can establish an ownership or possessory interest in the towed vehicle as evidenced by a legal document, which includes, but is not limited to, a contract, lease, written agreement or court order that establishes that interest. I. For the purposes of this section, the decision of the hearing officer shall constitute final agency action. (Ord. 87-11; Ord. 01-42; Ord. 02-155; Ord. 09-119; Ord. 24-07)

Colorado Springs City Code § 10.25.106 SALE OF UNCLAIMED VEHICLES; PROCEEDS

10.25.106: SALE OF UNCLAIMED VEHICLES; PROCEEDS: Whenever, pursuant to the terms of this chapter, a vehicle has been impounded for a period of thirty (30) days and no claim of ownership or the right to possession has been made, and whenever a claim has been made but not established to the satisfaction of the City or the contract tow operator within thirty (30) days, and no suit or action to determine the same has been instituted and is pending, the vehicle may be sold in the following manner: A. The City or contract tow operator will publish all unclaimed vehicles and the date the unclaimed vehicle will be sold on a City of Colorado Springs website, on a page designated for impounded vehicle information. The posting will include a description of the vehicle to be sold, the names of the registered or legal owner, and lienholder, if ascertained, and the time, place and manner of the sale. B. In accord with the terms of a notice given as provided in section 10.25.104 of this article, or without giving notice if no person claiming an interest in the vehicle is known, a sale of the vehicle by auction may be had to satisfy any valid claims of the City or contract tow operator for the storage, removal and sale of the vehicle, and to discharge the City or contract tow operator from further responsibility in connection with the vehicle, and from any duty to further retain or store the vehicle. The sale shall be held in the place where the vehicle is impounded or at the nearest suitable place, or through an online service approved by the City. C. If the City is responsible for the sale of unclaimed vehicles, the City department responsible for impounding the vehicle will retain all reasonable charges that occur as a result of the removal, storage, advertisement and sale from the proceeds of the vehicle sale. The balance, if any, of the proceeds will be paid into the City general fund. D. If a contract tow operator is responsible for the sale of unclaimed vehicles, the contract tow operator may sell the motor vehicle and its attached accessories and equipment or personal property within or attached to the vehicle that are not redeemed by the last-known owner of record or lienholder after complying with the requirements of this section. The contract tow operator will follow all state and federal laws, as well as any state regulatory agency rules regarding the sale of unclaimed vehicles in their possession. The proceeds of the sale of any motor vehicle and its attached accessories or equipment by a contracted tow operator will be disbursed in the following manner: 1. The proceeds shall first satisfy the contracted tow operator's reasonable costs and fees arising from the sale of the motor vehicle and the cost and fees of towing and storing the vehicle as specified in rules promulgated by the PUC. 2. The balance, if any, will be distributed as outlined in the City's contract with the tow operator. E. When any vehicle is offered for sale or auction pursuant to the terms of this section, and there is no bid or offered bid for the same, the vehicle may be offered for sale again, sold as scrap pursuant to Colorado law, or with the approval of the Chief of Police, converted to City use. The Police Department will keep a permanent record of all vehicles put to City use and its final disposition. Vehicles no longer needed for City use will either be sold, scrapped, or disposed of as determined by the City department using the vehicle. F. Within thirty (30) days from the date of sale any person claiming to be entitled to any portion of the proceeds may request a refund from the City. Upon such request, the City shall make, or cause to be made, a thorough examination into the merits of the refund, determine whether it is justified, and approve or disapprove the same. Failure of any person to request the initiation of a refund within thirty (30) days from the date of the sale, shall be conclusive of the fact that the person has no meritorious claim for a refund, and the person shall not be entitled to a refund. G. There shall be no right to redemption from any sale made pursuant to the terms of this section, and after a vehicle has been sold pursuant to the terms, neither the City nor any officer, agent, operator, or employee shall be liable for failure to deliver the vehicle to anyone other than the purchaser or purchasers at the sale. (1968 Code §6-25-6; Ord. 75-86; Ord. 88-181; Ord. 01-42; Ord. 11-19; Ord. 22-73; Ord. 24-07)

Source: City of Colorado Springs, Colorado, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/coloradospringsco/latest/coloradosprings_co/0-0-0-18809Fetched: 11/1/2026