Title
Ordinance No. 25-42 amending Section 102 (Procedures) of Article 1 (Administration And Enforcement) and Section 101 (Authority To Impound Vehicles) and Section 102 (Illegal Parking) of Article 25 (Removal And Impoundment Of Vehicles) of Chapter 10 (Motor Vehicles And Traffic) of the Code of the City of Colorado Springs 2001, as amended, pertaining to authority to impound vehicles and illegal parking
Presenter:
Chief of Staff Jamie Fabos, City of Colorado Springs
Shantel Withrow, Division Chief of Prosecution, City Attorney’s Office
Body
Summary:
The proposed ordinance would amend current City Code in order to update organization, clarify language, and add additional authority for CSPD officers to impound vehicles in certain circumstances. It would also clarify and make independent the subsequent ordinance which details types of illegal parking behavior, and gives authority for illegal parking citations. The ordinance changes also add the authority to cite vehicle owners into municipal court for parking a vehicle in the City that fails to display current valid license plates and registration tags
Background:
The Colorado Springs Police Department (CSPD) currently has authority in the City Code to cite vehicles that are parked illegally, as well as the authority to impound vehicles in certain circumstances. This authority is in two separate ordinance sections that are intertwined and reference each other. Currently, citations for illegal parking have to reference and cite to the impound authority section, meaning tickets must point to two separate ordinances. This interplay causes confusion and is difficult to manage in multiple technology systems used by City departments. The proposed changes will separate the two concepts of impoundment authority and illegal parking behavior to clarify the intent of the ordinances.
Additionally, CSPD has researched additional options to ensure violators are held accountable for failing to display current registration. Because failure to display valid registration is a significant problem in Colorado, CSPD and the administration seek additional tools for enforcement at the municipal level. Currently, citations may only be issued for vehicles being operated, or driven, within the city. The proposed amendment expands that authority to cite vehicles that are parked within the City if they fail to display valid registration.
CSPD recommends passing an Ordinance Amending Section 102 (Procedures) of Article 1 (Administration and Enforcement), and Section 101 (Authority to Impound Vehicles) and Section 102 (Illegal Parking) of Article 25 (Removal and Impoundment of Vehicles) of Chapter 10 (Motor Vehicles and Traffic) of the Code of the City of Colorado Springs 2001, As Amended; Pertaining to Authority to Impound Vehicles and Illegal Parking.
Because state law already requires proper license plate display and valid registration, and because CSPD may already cite these violations into County Court, there will be no warning period. CSPD, or authorized officials, will begin citing violators in accordance with law and department policy once the necessary administrative steps have been taken.
Previous Council Action:
Council passed City Code § 10.22.232 entitled “License Plates Displayed” in 2024. That ordinance allows CSPD officers to cite vehicles being operated in the city if they did not display correct, current, and unobstructed license plates and tags. The proposed ordinance is distinct, as it will allow enforcement for vehicles that are parked within the City without displaying valid plates and registration to be cited as well.
Financial Implications:
Changes to City Code § 10.25.101 and § 10.25.102 will allow the City to issue municipal court summons for violations by parked vehicles of license plate requirements that already exist under state law. Pursuant to City Code § 11.4.104, this will be a non-jailable violation with a penalty not to exceed five hundred dollars ($500.00) and/or a sentence to probation. Any penalty assessed after a conviction from a parking ticket would be collected by the Municipal Court and then deposited into the City’s General Fund.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
CSPD, the City Municipal Court, and the City Attorney Prosecution Division have been consulted and support the proposed ordinance.
Alternatives:
City Council can adopt the proposed ordinance as presented, amend the proposed ordinance, or decline to adopt the proposed ordinance.
Recommended Action
Proposed Motion:
Move adoption of Ordinance No. 25-42 Amending Section 102 (Procedures) of Article 1 (Administration and Enforcement), and Section 101 (Authority to Impound Vehicles) and Section 102 (Illegal Parking) of Article 25 (Removal and Impoundment of Vehicles) of Chapter 10 (Motor Vehicles and Traffic) of the Code of the City of Colorado Springs 2001, As Amended; Pertaining to Authority to Impound Vehicles and Illegal Parking.
Summary of Ordinance Language
An Ordinance amending Section 102 (Procedures) of Article 1 (Administration And Enforcement) and Section 101 (Authority To Impound Vehicles) and Section 102 (Illegal Parking) of Article 25 (Removal And Impoundment Of Vehicles) of Chapter 10 (Motor Vehicles And Traffic) of the Code of the City of Colorado Springs 2001, as amended, pertaining to authority to impound vehicles and illegal parking