The following circumstances constitute a public nuisance or an obstruction to traffic for purposes of the Town Marshal’s Department’s authority to immobilize, remove or impound a vehicle under Section 8-3-20:
(1) When any vehicle is left unattended upon any bridge, or where such vehicle constitutes an obstruction to traffic.
(2) When any vehicle is left unattended upon a street or parked illegally so as to constitute a definite hazard or obstruction to the normal movement of traffic, left unattended on any public street with the engine running, or left idling in violation of Section 8-2-20.
(3) When the driver of the vehicle is incapacitated (by injury, illness or other cause) to such an extent as to be unable to remove the vehicle from a street, highway, restricted parking area or other public way.
(4) When any vehicle is parked, left standing or left unattended upon any area or portion of public street in violation of or contrary to a parking limitation or prohibition established by the Traffic Engineer; provided, that such area or portion of such public street has been posted with an official sign giving notice of such limitation or prohibition and that the area or portion of such public street is a “tow-away” area.
(5) When any vehicle is parked in violation of any traffic ordinance or provision of this Code and is an obstruction, hazard or potential obstruction or hazard to any lawful law enforcement or public safety function, or limits the normal access to use of any public or private property.
(6) When any vehicle appears to have been abandoned or has been left in one (1) place on any public street or public property continuously for more than seventy-two (72) hours after notice is posted on the windshield that the vehicle will be impounded.
(7) When any vehicle is reasonably suspected to have been involved in a hit-and-run accident or to be a stolen vehicle, or its parts to be stolen parts.
(8) When the driver of any vehicle is taken into custody for a suspected offense or when the vehicle is reasonably suspected to contain stolen goods or other contraband, and the vehicle would thereby be left unattended upon a street, highway, restricted parking area or other public way.
(9) When any motor vehicle, by reason of having no muffler or of having a defective or inadequate muffler, emits an excessive or unusual noise.
(10) When a vehicle is parked upon private property without permission of the owner or occupant thereof.
(11) When the records of the Town Marshal’s Department indicate that a parking, standing or stopping violation citation has been issued to the driver, owner or person in charge of the vehicle and has not been paid or otherwise legally disposed of, and such person has failed to respond to the additional notice provided for in Section 8-3-40(d).
(12) When there is an outstanding lien on the vehicle for unpaid municipal use tax and the Town Manager or Town Attorney orders the impoundment or towing for purposes of enforcing the lien.
(13) When any vehicle which must be registered pursuant to Section 42-3-101 et seq., C.R.S., and which either is not so registered or does not have attached thereto and displayed thereon the proper license plates or license permit assigned thereto by the Colorado Department of Revenue for the current registration year, is parked or operated on any right-of-way of the Town.
(14) When any vehicle is parked or stopped in an emergency access lane in violation of or contrary to a parking limitation or prohibition established by the Traffic Engineer; provided, that such emergency access lane has been posted with an authorized sign giving notice both of such limitation or prohibition and of the fact that such area or portion of such public roadway or private property is a “tow-away” area.
(15) When any vehicle is stopped, parked, left standing or left unattended in violation of Section 8-2-40.
(16) When any nonmotorized vehicle is stopped, parked or left standing on any public street, right-of-way or in any public parking lot for more than seventy-two (72) hours or for the principal purpose of storage for more than seventy-two (72) hours.
(17) When any vehicle is in violation of Section 8-3-15; provided, that the owner or the person in charge of the inoperable vehicle has been issued a notice of violation stating the date issued, the name of the person to whom the notice is issued, the violation involved and a time limit of not less than three (3) days to remove or correct the cause of such violation, and signed by the issuing officer. (Prior code 10.12.030; Ord. 1288 §1, 2008; Ord. 1488 §1, 2019)