VEHICLES AND TRAFFIC
10.04 MODEL TRAFFIC CODE
10.12 ABANDONED AND JUNKED MOTOR VEHICLES
MODEL TRAFFIC CODE
10.04.020 Additions or Modifications.
A. Pursuant to Title 31, Article 16, Parts 1 and 2, C.R.S., as amended, there is adopted by reference in the 1995 Edition of the “Model Traffic Code for Colorado Municipalities,” promulgated and published as such by the Colorado Department of Transportation, Staff, Traffic and Safety Projects Branch, 4201 E. Arkansas Avenue, Denver, Colorado 80222. (Code, 2002)
B. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town. The purpose of this Chapter and the Code adopted in this Chapter is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the State and the nation. (Code, 2002)
C. Three (3) copies of the Model Traffic Code adopted in this Section are now filed in the office of the Town Clerk and may be inspected during regular business hours. (Code, 2002)
D. The 1995 Edition of the Model Traffic Code is adopted as if set out at length. (Code, 2002)
10.04.020 Additions or Modifications. The following modifications and additions are made to the 1995 Edition of the Model Traffic Code: (Code, 2002)
A. Section 1203 shall be added to read as follows: (Code, 2002)
Section 1203 – Parking or storing of restricted vehicles in residential zones.
A. For the purpose of this Chapter “restricted vehicles” are boats, all terrain vehicles and snowmobiles, whether on trailers or not; trailer coaches; mobile homes; trailers; detached pickup campers; semitrailers; trucks or truck-tractors; or parts of such vehicles. (Code, 2002)
B. No “restricted vehicle” shall be parked or stored upon the streets or alleys in any residentially zoned area, except: (Code, 2002)
1. Temporary parking of vehicles used for loading or unloading of personal goods or property for a period not to exceed twenty-four (24) hours; (Code, 2002)
2. Temporary parking of passenger vehicles, such as automobiles and pickup trucks, with attached trailer, campers or boats for a period not to exceed seventy-two (72) hours; (Code, 2002)
3. Temporary parking by non-resident visitors of boats, trailer coaches, or mobile homes pursuant to a permit issued by the Code Enforcement Officer. Such permits shall be issued only to the owner or regular driver of such vehicle and shall not be transferred or assigned to another owner, driver or location. Such permits shall not exceed fourteen (14) days and may be renewed for no more than fourteen (14) days. (Code, 2002)
4. During construction and repair of buildings or real property; (Code, 2002)
5. During an emergency. (Code, 2002)
INOPERABLE MOTOR VEHICLES
10.12.010 Findings of the Town Board.
10.12.030 Parking Inoperable Vehicles Prohibited – Exceptions.
10.12.040 Conditions Raising Presumption that Vehicle is Inoperable.
10.12.050 Exemptions – Business Activities.
10.12.060 Procedure to Obtain Permit.
10.12.070 Exemptions – Temporarily Disabled Vehicles.
10.12.080 Notice of Violation – Prosecution When.
10.12.090 Request for Hearing.
10.12.100 Procedure for Hearing.
10.12.110 Removal of Motor Vehicle from Property.
10.12.120 Notice of Removal.
10.12.130 Disposition of Vehicles.
10.12.140 Contents of Public Sale Notice.
10.12.150 Public Sale.
10.12.160 Redemption of Impounded Vehicles.
10.12.170 Costs of Abatement by Town – Collection.
10.12.180 Violation – Penalty.
10.12.010 Findings of the Town Board. The Town Board finds that inoperable vehicles tend to interfere with the enjoyment of property, reduce the value of private property, invite plundering, create fire hazards, extend and aggravate urban blight, are a public nuisance, are an attractive nuisance to children, and result in a serious hazard to the public health, safety, comfort, convenience, welfare, and happiness of the residents of the Town. (Ord. 223, 2001)
10.12.020 Definitions. In this Chapter:
A. “Inoperable” means a condition of being junked, wrecked, wholly or partially dismantled or discarded. (Ord. 223, 2001)
B. “Vehicle” means any automobile, truck, tractor, or motorcycle which originally contained an engine, regardless of whether it contains an engine at any other time. (Ord. 223, 2001)
10.12.030 Parking Inoperable Vehicles Prohibited – Exceptions. Except as provided in Sections 10.12.050 through 10.12.070, it is unlawful for any person, partnership, corporation, or their agent, either as owner, lessee, tenant or occupant of any property or land within the Town to park, store, or deposit, or permit to be parked, stored or deposited thereon an inoperable vehicle or vehicle parts, unless it is enclosed in a garage or other building. (Ord. 223, 2001)
10.12.040 Conditions Raising Presumption that Vehicle is Inoperable. Any of the following conditions shall raise the presumption that a vehicle is inoperable: (Order 223, 2001)
A. Absence of an effective registration or license plate upon such vehicle; (Ord. 223, 2001)
B. Placement of the vehicle or parts thereof upon jacks, blocks, chains, or other supports; (Ord. 223, 2001)
C. Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways. (Ord. 223, 2001)
10.12.050 Exemptions – Business Activities. The provisions of Section 10.16.030 shall not apply to any person, firm or corporation, or their agent, who is conducting a business enterprise in compliance with existing Town zoning regulations; provided, however, that nothing in this Section shall authorize the maintenance of a public nuisance. In addition, any inoperable vehicle stored, parked or deposited on such business property and not within a garage or other building shall be screened with a fence of a minimum of six (6) feet in height. Such fence shall be constructed of standard fencing material that obscures the view of any inoperable vehicle or parts and shall not be constructed of junk or scrap materials. (Ord. 223, 2001)
10.12.060 Procedure to Obtain Permit.
A. Temporary storage of an inoperable vehicle may be permitted if the owner of such vehicle obtains a Project Vehicle Permit. (Ord. 223, 2001)
B. Any person may purchase from the Town of Nunn a Project Vehicle Permit from the Town Clerk at the cost of ten dollars ($10.00) for the first permit, twenty-five dollars ($25.00) for the second permit, and fifty dollars ($50.00) for the third permit, not to exceed three (3) permits, for project vehicles located on any lot, or parcel of ground within the Town of Nunn. (Ord. 223, 2001)
C. Such permit shall be valid for base year, and then one (1) extension year may be purchased, if proof of restoration efforts can be shown to the Town Board, such that the vehicle will be fully operable and in full use at the end of the second year. (Ord. 223, 2001)
D. Nothing in this Ordinance shall authorize the maintenance of a public nuisance or hazard. (Ord. 176, 1996; Ord. 223, 2001)
10.12.070 Exemptions – Temporarily Disabled Vehicles. The provisions of Section 10.16.030 shall not apply to any person, partnership, or corporation, or their agent, with one (1) vehicle inoperable for a period of thirty (30) consecutive days or less. (Ord. 223, 2001)
10.12.080 Notice of Violation – Prosecution When. Whenever a complaint is made to the appropriate official of the Town regarding an alleged violation of Section 10.16.030 or whenever any Code Enforcement Officer observes an apparent violation of Section 10.16.030, a Code Enforcement Officer shall transmit by certified mail and first class mail, postage prepaid, or hand deliver to such owner, occupant, or another person in charge of the lot, block, or parcel or land or post in a conspicuous place on the premises, a notice advising the person of the violation and direct that he take action within ten (10) days after receipt of the notice to comply with Section 10.16.030, or that the vehicle will be removed by the Town, with the cost of removal to be levied against the owner or occupant of the property and/or that prosecution proceedings will be commenced for violation of this Chapter. (Ord. 223, 2001)
10.12.090 Request for Hearing. The persons to whom notices are directed may file a written request for a hearing before the Board of Trustees within the ten (10) day period of compliance prescribed in Section 10.16.080. (Code, 2002)
10.12.100 Procedure for Hearing. The hearing shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of such hearing at least five (5) days in advance thereof. (Code, 2002)
10.12.110 Removal of Motor Vehicle from Property. If the violation described in the notice has not been remedied within the ten (10) day period of compliance or in the event that a notice requesting a hearing is timely filed, a hearing is had, and the existence of the violation is affirmed by the Board of Trustees, the Code Enforcement Officer or his designee shall have the right to take possession of the inoperable vehicle and have it removed from the premises. It is unlawful for any person to interfere with, hinder, or refuse to allow such person or persons to enter upon private property for the purpose of removing a vehicle under the provisions of this Chapter. (Code, 2002)
10.12.120 Notice of Removal. Within forty-eight (48) hours of the removal of such vehicle, the Code Enforcement Officer or his designee shall give notice to the registered owner of the vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed that the vehicle, or vehicles, has been impounded and stored for location, of where the vehicle, or vehicles, is stored, and the cost incurred by the Town for removal. (Code, 2002)
10.12.130 Disposition of Vehicles. Upon removing a vehicle under the provisions of Section 10.16.110, the Town shall follow the procedures under state law, Colorado Revised Statutes, 42-4-1801, et. seq., for the disposition of all abandoned vehicles whether the disposition is by public or private sale or otherwise. (Code, 2002)
10.12.140 Contents of Public Sale Notice. The notice of a sale shall state:
A. The sale is of abandoned property in the possession of the Town; (Code, 2002)
B. A description of the vehicle, including make, model, license number, and any other information which will accurately identify the vehicle; (Code, 2002)
C. The terms of the sale; (Code, 2002)
D. The date, time and place of the sale. (Code, 2002)
10.12.150 Public Sale. The vehicle shall be sold to the highest and best bidder. At the time of the payment of the purchase price, a certificate of sale shall be given to the purchaser and the copy thereof to be filed with the Town Clerk. Should the sale for any reason be invalid, the Town’s liability shall be limited to the return of the purchase price. (Code, 2002)
10.12.160 Redemption of Impounded Vehicles. The owner of any vehicle seized under the provisions of this Chapter may redeem such vehicle at any time after its removal but prior to the sale or destructing thereof upon proof of ownership and payment to the Town Clerk of such sum as maybe determined for the actual and reasonable expense of removal, and any preliminary sale advertising expenses, plus the cost to the Town for storage of the vehicle. (Code, 2002)
10.12.170 Costs of Abatement by Town -- Collection.
A. In the event an inoperable vehicle on any lot, block, or parcel of land is removed by order of the administrative authority, the whole cost of removing the inoperable vehicle, together with five percent (5%) fee for inspection and other incidentals, shall be paid to the Town Clerk within thirty (30) days after mailing by the Town Clerk to the owner of such lot, block, or parcel of land, by first class mail, postage prepaid, notice of the assessment of such costs. (Code, 2002)
B. Failure to pay such assessment within such period of thirty (30) days shall cause such assessment to become a lien against such lot, block, or parcel of land, and shall have priority over all liens, except general taxes and prior special assessments, and the same may be certified at any time, after such failure to so pay the same within thirty (30) days, by the Town Clerk to the County Treasurer to be placed upon the tax list for the current year, to be collected in the same manner as other taxes are collected, with a ten percent (10%) penalty to defray the cost of collection, as provided by the laws of the state. (Code, 2002)
C. If during one 365-day period, the administrative authority performs a second or further inspection (other than an inspection showing compliance) for the same property and finds a second or further violation of the same type, the owner or occupant of the subject property shall be assessed a reinspection fee. Such fee is established by Town Board by Resolution. If such reinspection fee is not paid within thirty (30) days, it shall be collected pursuant to subsections A. and B. (Code, 2002)
10.12.180 Violation -- Penalty. Every person convicted of a violation of any provision stated or adopted in this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. In addition, the Municipal Judge may order the defendant to remove such inoperable vehicle within ten (10) days and if the defendant fails to do so, the Town may remove such inoperable vehicle and charge back the property owner for its costs plus five percent (5%) for inspection and other incidentals. (Code, 2002)