§ 16-27. Model Traffic Code amended; authority to impound unattended vehicles included.

The Model Traffic Code for Colorado Municipalities is hereby amended by adding a new section to part 12 thereof, designated "Section 1203" to hereafter read and provide as follows:

Section 1203 Authority to Impound Vehicles.

1)

Whenever any police officer finds a vehicle attended or unattended standing upon any portion of a street or highway right-of-way within this municipality in such a manner as to constitute a violation of part 12 of this Model Traffic Code, or left unattended for a period of 72 hours or more and presumed to be abandoned in accordance with the provisions of Part 18 of Article 4 of Title 42, C.R.S.; or when the driver thereof has been cited for a violation of section 1409 of this Model Traffic Code; or any person who shall leave a vehicle parked, standing or abandoned under the conditions prescribed by Part 18 of Article 4 of Title 42, C.R.S., such officer may require such vehicle to be removed or cause the same to be removed and placed in storage in the nearest garage or other place of safety designated or maintained by the town or its marshal.

2)

Vehicles removed from streets or highways within this municipality and placed in storage as provided in this section 1203 shall be disposed of in accordance with the provisions of state law, Part 18 of Article 4 of Title 42, C.R.S., as amended.

3)

Notwithstanding the authority granted by subsection 1) of this section to remove and store any vehicle left parked, standing or abandoned and notwithstanding whether or not any such vehicle is in fact removed; any person, firm or corporation who shall leave any vehicle parked, standing or abandoned contrary to the provisions of subsection 1) of this section shall be deemed to have committed a municipal traffic infraction.

4)

For purposes of the enforcement of subsection 3) of this section, in the absence of evidence to the contrary the avowed owner, the registered owner, or owners, or any of them if more than one shall be deemed to be the person or persons having the care, custody and control of the vehicle and responsible to pay a fine for any violation of subsection 3) of this section.

(Code 1987, § 13-1-15)