Section 6-13-1. Definitions. As used in this ordinance, unless the context otherwise requires:

The term "building" means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, including but not limited to any house, office building, store, warehouse, garage, or structure of any other kind, whether or not such building is permanently affixed to the ground upon which it is situate, any trailer, semi-trailer, trailer coach, mobile home, or other vehicle designed or used for occupancy by persons for any purpose.

The term "contraband article" means any controlled substance, as defined in section 12-22-303(7), C.R.S., any other drug the possession of which is an offense under the laws of the State of Colorado or of the United States, any imitation controlled substance, as defined in section 18-5-602(3), C.R.S., or any drug paraphernalia, as defined in section 12-22-502(2), C.R.S.

The term "contraband property" means any vehicle or personal property described in Section 6-13-3(a) hereof.

The term "vehicle" means any device or conveyance capable of moving itself or of being moved from place to place upon wheels, tracks, or water or through the air, whether or not intended for the transport of persons or property, and includes any place therein adapted for overnight accommodation of persons or animals or for the carrying on of business.

[Source: Ord. 999, 1990]

Section 6-13-2. Subject Acts.

The following acts are subject to this article:

Engaging in the unlawful manufacture, cultivation, growth, production, processing, or distribution for sale of, or sale of, or storing or possessing for any unlawful manufacture or distribution for sale of, or for sale of, any controlled substance, as defined in section 12-22-303(7), C.R.S., any other drug the possession of which is an offense under the laws of this state, or any imitation controlled substance, as defined in section 18-5-6-2(3), C.R.S.;

Engaging in the unlawful manufacture, sale, or distribution of drug paraphernalia, as defined in section 12-22-502(2), C.R.S.;

Transporting, carrying, or conveying any contraband article in, upon, or by means of any vehicle for the purpose of sale, storage, or possession of such contraband article;

Concealing or possessing any contraband article in or upon any vehicle for the purpose of sale of such contraband article;

Using any vehicle to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, or purchase for sale of any contraband article, or the sale, barter, exchange, or giving away of any contraband article; and

Concealing or possessing any contraband article for the purpose of sale.

Possession of less than one (1) ounce of marijuana shall not be subject to the provisions of this article.

[Source: Ord. 999, 1990]

Section 6-13-3. Items Subject to Forfeiture.

Any vehicle or personal property, including fixtures and contents of a structure or building, currency, securities, or negotiable instruments which has been or is being used in any of the acts specified in Section 6-13-2 or in, upon, or by means of which any act under said section has taken or is taking place; or any currency, negotiable instruments, securities, or other things of value furnished or intended to be furnished by, any person in exchange for any of the acts listed in Section 6-13-2; or any proceeds traceable to the acts listed in Section 6-13-2; or any currency, negotiable instruments, or securities used or intended to be used to facilitate any of the acts listed in Section 6-13-2 are contraband property and shall be seized as well as any contraband article. Any peace officer or agent of the police department may seize and hold such property or articles if there is probable cause to believe that such property or articles are contraband and the seizure is incident to a lawful search. All rights and interest in and title to contraband property shall immediately vest in the City of Northglenn upon seizure by the police department, subject only to perfection of title, rights, and interests in accordance with this article. Neither replevin nor any other action to recover any interest in such property shall be an affirmative defense or be allowed to negate a forfeiture action as provided in this article.

It shall be an affirmative defense in a forfeiture proceeding brought pursuant to this article if the owner of such property establishes by a preponderance of the evidence:

(1)

That the property had been taken from the owner and used without the owner's consent, express or implied; or

That the owner was uninvolved in the acts listed in Section 6-13-2 and neither knew nor reasonably should have known of those acts; and

That the owner had done all that reasonably should have been done to prevent the use of the property in connection with said acts.

No bona fide lienholder's interest shall be forfeited under the provisions of this article if such lienholder establishes that such lienholder neither knew nor should have known after a reasonable inquiry that such property was being used or was likely to be used for any act specified in Section 6-13-2, that such use was without such lienholder's consent, express or implied, and that the lien had been perfected in the manner prescribed by law prior to such seizure. The City attorney shall set forth in the petition initiating the forfeiture action the existence of any liens and whether forfeiture of any liens will be sought. If forfeiture of a lien is not sought, the lienholder need not appear to preserve the lienholder's interest. If it appears to the satisfaction of the court that a lienholder's interest satisfies the above requirements for exemption, such lienholder's interest shall be preserved by the court by ordering the lienholder's interest to be paid by the City or from such proceeds of the sale as provided in Section 6-13-5.

[Source: Ord. 999, 1990; 1824, 2022]

Section 6-13-4. Authority of Municipal Court. The Northglenn Municipal Court shall have authority jurisdiction pursuant to Colo. Const. art. XX, §6(c) and Northglenn, Colorado, Charter §6.11 to hear civil actions in forfeiture under this article.

[Source: Ord. 999, 1990]

Section 6-13-5. Forfeiture Proceedings.

(a)

The City attorney shall file a petition in forfeiture in the Northglenn Municipal Court to perfect title in seized contraband property no later than sixty (60) days after the seizure. The petition shall be accompanied by a supporting affidavit, and both shall describe the property seized with reasonable particularity and shall include a list of witnesses to be called in support of the claim for forfeiture, including the addresses and telephone numbers thereof.

The petition and supporting affidavit shall ask the court to find that probable cause exists to believe that the seized property is contraband property as defined in this article, and to issue, without delay, a citation pursuant to section 16-13-505, C.R.S., directed to interested parties to show cause why the property should not be forfeited.

The citation shall require interested parties to notify the Northglenn Municipal Court in writing within fifteen (15) days from the date of service of the citation (eighteen (18) days if service is by mail) requesting a show cause hearing if they wish to contest the forfeiture. Failure to submit such a written request within the time allowed shall be prima facie evidence that an interested party does not wish to contest the forfeiture.

The written request for a show cause hearing shall include the following:

A statement admitting or denying each allegation of the petition.

A statement setting forth why the seized property should not be forfeited. The statement shall include specific factual and legal grounds supporting it and any affirmative defense to forfeiture.

A list of witnesses whom the respondent intends to call at the hearing on the merits, including the address and telephone number of each such witness.

A verified statement, supported documentation, of the ownership interest of the claimant.

Actions pursuant to this article shall be brought in the name of the People of the City of Northglenn by the City attorney and shall be conducted, to the extent practicable, pursuant to the procedures specified in sections 16-13-505 and 16-13-509, C.R.S.

[Source: Ord. 999, 1990]

Section 6-13-6. Disposition of Forfeited Property.

If the court orders the property forfeited and perfects the City's right and interest in and title to such property, the City's right, interest or title shall relate back to the date of seizure. If the court orders that the property shall be sold in the manner provided for in Section 6-12-6 of this Municipal Code, the proceeds of such sale shall be applied as follows:

First to the payment of reasonable fees and costs of the sale;

Second to the payment of the balance due, if any, on any lien perfected on or before the date of seizure and preserved by the court in the forfeiture proceedings; and

Third to the treasury of the City of Northglenn.

Moneys allocated to the treasury pursuant to subsection (a)(3) of this section including accrued interest thereon, shall not be considered a source of revenue to meet the City's normal operating needs but shall, instead, be specially accounted for, placed in a special trust fund, and used by the Police Department for purposes reasonably related to drug enforcement.

If another law enforcement agency was substantially involved in effecting the forfeiture, the other agency and the police department shall enter into a stipulation with regard to costs incurred by the parties and the percentage of any remaining proceeds which shall be deposited for the benefit of the respective parties, and, upon filing such stipulation with the court, the court shall order the proceeds so distributed. If the parties are unable to reach an agreement, the court shall take testimony and equitably distribute the proceeds.

If the court finds that a vehicle or personal property forfeited pursuant to this article can be used for law enforcement purposes by the police department, the court shall order that the vehicle or personal property be delivered to the City instead of sold, to be used by the police department for purposes reasonably related to drug enforcement. Should such property no longer be of use to the police department it may, with the approval of the City Manager, be transferred to another City department which shall reimburse the trust fund established pursuant to subsection (b) above, in an amount equal to the reasonable value of the property as established by the City Manager. If more than one law enforcement agency was substantially involved in effecting the forfeiture, the priority for receiving such vehicle or personal property shall be established by stipulation pursuant to subsection (c) of this section.

If the court orders that a vehicle be delivered to the City pursuant to subsection (d) of this section, the court shall make such Order in writing. Such Order shall direct that title in the vehicle vest in the City upon the satisfaction by the City of any liens against such vehicle. Thereafter, the City attorney shall make application for a certificate of title for such motor vehicle pursuant to section 42-6-114, C.R.S. (Suppl. 1988, as amended.)

Any forfeited money or currency shall be in addition to the proceeds obtained from sale of forfeited personal property and shall be equitably distributed pursuant to subsections (a) and (c) of this section unless such money or currency has a value in excess of its face value which shall be disposed of in accordance with Section 6-12-6 of the Municipal Code.

[Source: Ord. 999, 1990]

Section 6-13-7. Destruction of Forfeited Property. Any property seized pursuant to Section 6-13-2 which is required by law to be destroyed, or the possession of which is illegal, or which in the opinion of the court is not properly the subject of a sale may be destroyed.

[Source: Ord. 999, 1990]

Section 6-13-8. Money Placed in Account. Currency seized pursuant to this article, other than currency having a value in excess of its face value, may be placed in an interest-bearing account during the proceedings pursuant to this article if so ordered by the court upon the motion of any party. Photocopies of portions of the bills shall serve as evidence at all hearings. The account and all interest accrued shall, depending on the outcome of the forfeiture proceedings, be either forfeited to the City or returned to the owner in lieu of the currency.

[Source: Ord. 999, 1990]

Section 6-13-9. Severability. If any provision of this article is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this article are valid, unless it appears to the court that the valid provisions of this article are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the City Council would have enacted the valid provisions without the void provision or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent of this article.

[Source: Ord. 999, 1990]