Sec. 8-21. Impoundment.
(a) Officers of the Police Department are authorized to impound and tow a vehicle to a garage designated or maintained by the Police Department or the Town, under the following circumstances:
(1) General authorization.
a. A vehicle may be towed if it is standing upon any portion of a highway right-of-way in such a manner as to constitute an obstruction to traffic. Reasonable effort to contact the registered owner should be made prior to towing the vehicle if practical.
1. A written notice to the owner of the towed vehicle will be mailed via first class mail as soon as practicable, but not more than two (2) business days (not including weekends or holidays) following removal of the vehicle.
2. Information regarding the towed vehicle, including the date and time of attempt to contact the registered owner shall be documented. This documentation may also include a simple diagram depicting the position of the vehicle on the roadway.
b. A vehicle parked or left abandoned along a public right-of-way that in any way hinders street or highway maintenance operations may be towed. A written notice to the owner of the towed vehicle will be mailed via first-class mail as soon as practicable, but not more than two (2) business days (not including weekends or holidays) following removal of the vehicle.
c. A vehicle may be towed if it is parked or abandoned upon any portion of a street or highway designated an emergency snow route in violation of the provisions of Section 8-133 of this Chapter.
d. A vehicle may be towed from any portion of a street, highway or right-of- way when removal is necessary in the interest of the public health, safety and welfare due to fire, flood, storm or other emergency reasons.
e. Any vehicle abandoned on public property, as defined at Section 8-22 of this Article, may be towed.
f. Any vehicle failing to display the proper license plates assigned to such vehicle under the provisions of Chapter 42, C.R.S., or displaying plates in such a manner as to reasonably indicate a violation of any provision of Chapter 42, C.R.S., or any other provision of state law with respect to motor vehicle license plates, while parked or traveling upon the streets and highways of the Town, may be towed.
g. When necessary for the purpose of obtaining evidence of a crime, any vehicle may be towed.
h. A police officer may leave reflective triangles or other warning devices at the scene of a vehicle hazard in order to respond to another urgent call for service.
i. A police officer may arrange for the tow of a vehicle from the scene of an accident.
1. When a vehicle is parked or abandoned on public property due to any type of accident and the driver or owner of record is not available to make arrangements with a tow company, the vehicle may be towed and processed as an abandoned vehicle. A written notice to the owner of the towed vehicle will be mailed via first-class mail as soon as practicable, but not more than two (2) business days (not including weekends or holidays) following removal of the vehicle.
2. When the driver or owner of record is available and makes arrangements with the tow company, the vehicle is no longer considered abandoned on public property.
j. A vehicle parked in violation of “No Parking” signs, posted by official action, may be towed.
(2) Incident to lawful arrest.
a. A police officer may impound a vehicle following any lawful arrest. In addition, the police officer may, at his or her discretion, permit the owner or operator to leave the vehicle parked upon the public right-of-way so as not to constitute a hazard or obstruction to other motorists.
1. If the owner or operator elects to leave the vehicle parked along the public right-of-way, the police officer should inform the owner or operator that:
a. Neither the police officer nor the Police Department will be responsible for any damage to or theft of the vehicle or its contents;
b. No officer of the Police Department will provide transportation to reclaim the vehicle; and
c. If the vehicle remains on-scene for more than forty-eight (48) hours, it may be subject to tow as an abandoned vehicle.
2. If the vehicle is left on the public right-of-way at the owner’s or operator’s request, the communication center will be notified.
3. Compulsory insurance violations. A police officer may impound a vehicle when the owner or operator is unable to provide proof that the vehicle is insured as required by Model Traffic Code §1409 or Section 42-4-1409, C.R.S. At the discretion of the police officer, provided that the owner or operator has a valid driver’s license, the owner or operator may be permitted to drive the vehicle from the area of the stop or contact. (Ord. 950 §1, 2008; Ord. 1199 §1, 2015)