Title
Ordinance No. 21-33 adding Article 29 (Vehicular Public Nuisances) to Chapter 10 (Motor Vehicles and Traffic) of the Code of the City of Colorado Springs.
Presenter:
Vince Niski, Chief of Police
David Edmondson, Commander Sand Creek Division
Body
Summary:
Article 29 to Chapter 10 (Motor Vehicles and Traffic) creates the section for the civil abatement of vehicular public nuisances
Background:
A core component of the Strategic Plan is to address public safety issues, including section 1.10.1 "Affect positive change in driver behavior through crash data" and section 1.10.4 "Collaborate with the City Attorney's Office to evaluate ordinances that address illegal street racing."
Traffic fatalities set a new record in 2020 with 51 total, including 13 pedestrian fatalities, 15 motorcycle related fatalities and 20 automobile related fatalities. 42 traffic fatalities occurred since June 1st. While street racing cannot be attributed to these, we do know speed was a factor in at least 18 of the 51. This does not include approximately 120 additional felony traffic crashes where there was not a fatality.
In 2020, there were approximately 1,566 calls for service for various forms of street racing or incidents where CSPD officers attempted to make a traffic stop and the vehicles eluded the officers and failed to stop.
Created in collaboration with the City Attorney's office, Article 29 creates the process for civil abatement of vehicular public nuisances. The purpose of this article is not to punish, but to remedy vehicular public nuisances. Current Public Nuisance definition, Municipal Code 9.6.702, does not include vehicles and defines a public nuisance as "Any place where people congregate, which encourages a disturbance of the peace..."
Vehicular Public Nuisance is defined as "Any motor vehicle used to commit, conduct, promote, facilitate or aid the commission of illegal activity." This includes vehicular eluding as prohibited by C.R.S 19-9-1...
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