Section 7-3-1. Traffic Hazards on Public and Private Property.

Legislative Declaration. The City Council of the City of Northglenn declares that it ordains this ordinance by virtue of the powers granted in Colorado Revised Statutes, 1963, section 139-32-1(8), 139-32-1(12) and 139-32-1(58), and finds, determines, and declares that traffic hazards exist in the City of Northglenn and that:

Some of these traffic hazards exist on private property:

These traffic hazards vary;

Numerous factors affect the severity of these hazards;

These hazards are dangerous to the public, particularly to pedestrians and the operators of motor vehicles;

They are nuisances;

They should be abated; and

Fines should be imposed upon parties who create, continue, or suffer such nuisances to exist.

Definition. A "traffic hazard" is any tree, bush, shrub, other plant, sign, fence, or other structure (except a house or building) or object that obstructs, hinders, or impairs the ability of an operator of a motor vehicle to see another motor vehicle approaching him on the same street or any intersecting street or to see a pedestrian at a crosswalk or children in the street in time for such operator safely to stop the motor vehicle which he is operating without the danger of an ensuing collision.

Traffic Hazard Commission. There is hereby created the Traffic Hazard Commission of the City of Northglenn.

The members of the Traffic Hazard Commission shall be the City Administrator, the City Engineer and the Director of Public Safety.

The Traffic Hazard Commission shall have the power to determine whether and where traffic hazards exist and to recommend abatement to the City Council.

The City Administrator shall be chairman of the Commission.

Procedure. On complaint, or on its own motion, the Commission may consider any matter relating to traffic hazards.

The Commission shall notify any owner of realty on whose land a traffic hazard is believed to exist about the location and nature of the supposed traffic hazard and shall afford such landowner a hearing on the issue of whether a traffic hazard exists, on the issue of whether such traffic hazard, if any, should be abated, and on the issue of how it should be abated.

If the Commission finds and concludes that a traffic hazard exists, it shall recommend abatement to the City Council of the City of Northglenn unless such landowner voluntarily complies with the recommendations of the Commission.

Council Action. In its discretion, the Council may consider the recommendations of the Commission at a public hearing during a regular or special Council meeting.

The City Administrator shall give reasonable notice of such public hearing to the landowner on whose land such traffic hazard is believed to exist, and at such public hearing all interested persons may appear and be heard.

If the Council finds and determines that a traffic hazard does exist, the Council may request the landowner on whose land the hazard exists to abate the same, or the Council may ordain an ordinance describing the specific traffic hazard, declaring it to be a nuisance, stating the reasons that it is a nuisance, and imposing fines upon any parties who may continue or suffer such nuisance to exist.

Entry. For the purpose of implementing this ordinance, any member of the Commission may go into a yard or onto other privately owned land, but such member may not enter a home without the consent of an occupant of the same.

[Source: Ord. 117, 1971; 221, 1973]

Section 7-3-2. Operation of Certain Motor Vehicles on School Grounds Prohibited.

Definitions. As used in this ordinance:

The term "school ground" means the whole or any part of any parcel of real property, including an easement or right-of-way thereon, located in the City of Northglenn and used for school purposes by any public school district.

The term "motor vehicle" means any self-propelled vehicle which is capable of moving from place to place on wheels and which is designed to transport persons and property.

The term "adult" means a person eighteen years of age or older.

The term "minor" means a person seventeen years of age or less.

Violations - Penalty.

It shall be unlawful for any person to drive or operate a motor vehicle on any school ground in the City of Northglenn, except for the purpose of parking such vehicle in an authorized parking area and except for the purpose of making authorized pickup and deliveries or except when and where it is necessary for an emergency vehicle to enter upon such school grounds and it shall be unlawful for any parent or other adult to authorize any minor to drive or operate a motor vehicle on any school ground except for the purpose of parking such motor vehicle in an authorized parking area and except for the purpose of making authorized pickup and deliveries upon such school grounds.

[Source: Ord. 427, 1976; 1130, 1995]

Section 7-3-3. Operation of Motorcycles and Other Vehicular Devices.

Definition. As used in this section, the term "motor vehicle" shall mean any self-propelled vehicle which is capable of moving from place to place on wheels and which is designed to transport persons and property.

It shall be unlawful for any person to operate a motor vehicle in any of the following places without first obtaining the permission or authorization hereinafter required:

On any property owned by the City of Northglenn, except public right-of-ways and parking lots, unless such operation is specifically permitted by written order of the City Manager or his designated representative, or unless such property is specifically posted for such operation.

Upon or within any City park property or other recreational facility within the City of Northglenn, except in an area specifically posted for such use, or except when such operation is specifically permitted by written order of the Manager or his designated representative.

On any property owned by a school district or any public school grounds or campus except a designated parking lot when used for that purpose unless such operation is specifically permitted by written order of the district superintendent of schools or his designated representative.

On any private property within the City of Northglenn except private parking lots open to the public unless by specific written order of the owner or designated representative of the owner of such property to the individual operating the vehicle.

All written orders specified in section 7-3-3(b) must be in the possession of the person operating a motor vehicle in prohibited areas during the time of such operation.

[Source: Ord. 474, 1977; 1130, 1995]

Section 7-3-4. Abandoned Vehicles--Definitions. As used in Sections 7-3-4 to 7-3-11 of this ordinance:

The term "abandoned motor vehicle" shall mean and include:

Any motor vehicle left unattended on private property for a period of seventy-two (72) hours or longer without the consent of the owner or lessee of such property or his legally authorized agent.

Any motor vehicle left unattended on public property, including any portion of a highway, street, or public right-of-way within the limits of the City of Northglenn for a period of twenty-four (24) hours or longer unless the owner or driver thereof has conspicuously affixed thereto a dated notice indicating his intention to return or shall have otherwise notified the Northglenn Police of his intention to remove same within a reasonable time period not to exceed thirty-six (36) hours from the time of discovery by the Department.

Any motor vehicle left unattended on a street, highway, or public right-of-way within the limits of the City of Northglenn in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance.

For the purpose of this Section, an abandoned vehicle shall also include any motor vehicle left unattended on private or public property that is either 1) does not bear a valid, unexpired license plate; or 2) is wrecked, damaged, substantially dismantled or otherwise inoperable.

Any motor vehicle stored in the police car pound at the request of its owner or the owner's agent or the Northglenn Police Department and not removed from the police car pound according to the agreement with the owner or agent or within seventy-two (72) hours of the time the Department notifies the owner or agent that the vehicle is available for release upon payment of any applicable charges or fees. If the Northglenn Police Department requested the storage, the provisions of Section 7-3-7(a) of this article apply as of the time of abandonment.

The term "appraisal" means a bona-fide estimate of reasonable market value made by any motor vehicle dealer licensed in this state or by any employee of the Colorado State Patrol or of the Northglenn Police Department whose appointment for such purpose has been reported by the Chief of Police to the executive director of the Department of Revenue.

The term "department" means the Northglenn Police Department.

The term "disabled motor vehicle" means any motor vehicle which is stopped or parked, either attended or unattended, upon a public right-of-way and which is, due to any mechanical failure or any inoperability because of a collision, a fire, or any other such injury, temporarily inoperable under its own power.

The term "motor vehicle" means any vehicle classified as a motor vehicle under the laws of the State of Colorado.

The term "police car pound" means and includes any building, enclosure, or place designated by the City Manager, the Chief of Police, or by ordinance or resolution of the City Council for the storage of impounded motor vehicles by the City of Northglenn, including privately owned garages or other privately owned locations designated as a police car pound.

The term "private property" means any real property which is not public property.

The term "private tow" means any tow of an abandoned motor vehicle not requested by a law enforcement agency.

The term "public property" means any real property having its title, ownership, use, or possession held by the federal government, this state, or any county, municipality, as defined in Section 31-1-101(6), C.R.S. or other governmental entity of this state.

The term "public tow" means any tow of an abandoned motor vehicle requested by a law enforcement agency.

The term "tow operator" means a person or a firm licensed by the public utilities commission as a towing carrier.

[Source: Ord. 843, 1986; 1734, 2017; 1765, 2019]

Section 7-3-5. Abandonment of Motor Vehicles.

No person shall abandon any motor vehicle upon public property or upon private property in the City of Northglenn.

In the event a motor vehicle is abandoned on private property, the owner or lessee of such property or his legally authorized agent may have it removed from his property by having it towed and impounded by a tow operator.

If the owner of private property does not remove the abandoned vehicle, the officer, who has probable cause to believe a violation of this article exists, may issue a notice of violation pursuant to Article 9-11 of this Code. The notice may be issued to the owner of the vehicle; any person in charge or control of the vehicle; or the property owner or occupant. If, after the time limit set forth in the notice of violation the abandoned vehicle has not been removed from the property, the officer may follow the abatement procedures in Article 9-11. Upon a failure of the owner to comply with the notice, the officer may remove and impound the vehicle.

The provision of subsection (2) above shall not be applicable if the storage of the vehicle is in compliance with the Northglenn Zoning Ordinance. Further, subsection (2) shall also not apply if the abandoned vehicle is kept inside a completely enclosed building or is screened by an opaque fence, which fence may not be less than six (6) feet nor more eight (8) feet in height so as not to be visible from any adjacent street or public way, or from abutting land and if parked on a hard surface. However, no more than three (3) vehicles may been located on a single property pursuant to this subsection.

Any motor vehicle on a public right-of-way shall be considered abandoned pursuant to Section 7-3-4(a), unless the owner, operator has conspicuously affixed thereto a dated notice indicating his intention to return or has otherwise notified the Department of his intention to move the vehicle within a reasonable time period not to exceed thirty-six (36) hours from the time of discovery by the Department. No additional time for removal shall be granted to an abandoned motor vehicle parked in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance and shall be removed pursuant to Section 7-3-6.

[Source: Ord. 843, 1986; 1334, 2003; 1734, 2017; 1765, 2019]

Section 7-3-6. Removal and Impoundment.

Any officer who finds a vehicle standing upon any portion of a highway right-of-way, or upon private property without the consent of the owner, in violation of any of the provisions of this article and who has reasonable grounds to believe the vehicle has been abandoned, may require such motor vehicle to be removed or cause the same to be removed and placed in the police car pound. The officer may determine that removal is not appropriate under the circumstances and may issue a parking citation to the owner of the vehicle or if the abandoned vehicle is on private property, issue a parking citation to the owner of the vehicle or the owner of the property.

Whenever any officer finds a motor vehicle, attended or unattended, standing upon any portion of a highway right-of-way in such a manner as to constitute an obstruction to traffic or proper highway maintenance, such officer is authorized to cause the motor vehicle to be moved to eliminate any such obstruction; and neither the officer nor anyone acting under his direction shall be liable for any damage to such motor vehicle occasioned by such removal.

Any motor vehicle impounded pursuant to the provisions of sections 22-20 and 22-21 of the Model Traffic Code, 1977 edition, shall be subject to the provisions of sections 7-3-5 and 7-3-6 of this article.

[Source: Ord. 843, 1986; 1334, 2003; 1734, 2017]

Section 7-3-7. Report of Abandoned Motor Vehicles.

Owner's opportunity to request hearing.

Upon having an abandoned motor vehicle towed, the police department shall ascertain, if possible, whether or not the motor vehicle has been reported stolen, and, if so reported, the police department shall recover and secure the motor vehicle and notify its rightful owner and terminate the abandonment proceedings under this article. The police department shall have the right to recover from the owner its reasonable costs to recover and secure the motor vehicle.

As soon as possible, but in no event later than three (3) working days after having an abandoned motor vehicle towed, the police department shall report the same to the Colorado Department of Revenue by first-class or certified mail or by personal delivery, which report shall be on a form prescribed and supplied by the Department of Revenue. Such report shall contain the information required by C.R.S. §42-4-16-4(1)(c) or other applicable state law.

Upon its receipt of such report, the Department of Revenue shall search its records or make other inquiries to ascertain, if possible, the last known owner of record of the abandoned motor vehicle and any lienholder as those persons are represented in Department of Revenue records. In the event the vehicle is determined by the Department of Revenue not to be registered in the State of Colorado, the report required by this article shall state that no Colorado title record exists regarding the vehicle. Within ten (10) working days of such receipt, the Department of Revenue shall complete its search and shall transmit such report, together with all relevant information thereon, to the Northglenn Police Department.

Should the Department of Revenue report the vehicle as stolen, the police department shall notify the rightful owner as required by subsection 7-3-7(a)(1) above. Otherwise, the police department, within five (5) working days of receiving the report of the Department of Revenue as to the vehicle, shall notify by certified mail the owner of record, if ascertained, and any lienholder, if ascertained, of the fact of such report and the claim, if any, of a lien under Section 7-3-9 and shall send a copy of such notice to the operator. The notice shall contain information that the identified motor vehicle has been reported abandoned to the police department, the location of the motor vehicle and the location from which it was towed, and that, unless claimed within thirty (30) calendar days from the date the notice was sent as determined from the postmark on the notice, the motor vehicle is subject to sale. Such notice shall also inform the owner of record of his opportunity to request a hearing concerning the legality of the towing of his abandoned motor vehicle. Such request shall be made in writing to the police department within ten (10) days of the postmarked date of sending such notice. Such hearing, if requested, shall be conducted pursuant to Chapter 3, Article 7 of the Northglenn Municipal Code with the Chief of Police or his designee to act as hearing officer. The issue at such hearing shall be limited to whether the vehicle was legally towed. In the event it is determined at the hearing that the motor vehicle was illegally towed, all towing charges and storage fees assessed against the vehicle shall be forgiven.

Duties of tow operators.

Any tow operator having in his possession any abandoned motor vehicle from a private tow from the City of Northglenn shall immediately notify the Chief of Police of the City of Northglenn, or his designee, as to the name of the tow operator and the location of the impound lot to which the vehicle is towed. The tow operator shall also provide a description of the abandoned motor vehicle, including the make, model, color, and year; the number, issuing state, and expiration date of the license plate, and the vehicle identification number. Upon such notification, the police department shall ascertain, if possible, whether or not the vehicle has been reported stolen and, if so reported, shall recover and secure the motor vehicle and notify its rightful owner and terminate the abandonment proceedings under this article. The police department shall have the right to recover from the owner its reasonable costs to recover and secure the vehicle.

Any tow operator shall, as soon as possible, but in no event later than seventy-two (72) hours after receipt of determination that such motor vehicle has not been reported stolen, report the same to the Department of Revenue by first-class or certified mail or by personal delivery, which report shall be on a form prescribed and supplied by the Department of Revenue. Such report shall contain the information required by C.R.S. §42-4-1605(3)(b) or other applicable state law.

Upon its receipt of such a report, the Department of Revenue shall search its records or make other inquiries to ascertain, if possible, the last known owner of record of the abandoned motor vehicle and any lienholder as those persons are represented in Department of Revenue records. In the event the vehicle is determined by the Department of Revenue not to be registered in the State of Colorado, the report required by this article shall state that no Colorado title records exist regarding the vehicle. Within ten (10) working days of such receipt, the Department of Revenue shall complete its search and shall transmit such report, together with all relevant information thereon, to the tow operator.

Within five (5) working days of the receipt of such report from the Department of Revenue, the tow operator shall notify the owner of record and any lienholder and the Northglenn Police Department by certified mail or by personal delivery that:

The identified motor vehicle has been reported abandoned to the Department of Revenue.

The claim, if any, of a lien under subsection 7-3-9(a).

The location of the motor vehicle and the location from which it was towed; and

Unless claimed within thirty (30) calendar days from the date the notice was sent as determined from the postmark on the notice, the motor vehicle is subject to sale.

[Source: Ord. 843, 1986]

Section 7-3-8. Appraisal of Abandoned Motor Vehicles--Sale.

Public tow abandoned motor vehicles or motor vehicles abandoned in the police car pound subsequent to a public tow shall be appraised and sold by the Northglenn Police Department according to the City's ordinances not less than thirty (30) nor more than sixty (60) days after the date the notice required by subsection 7-3-7(a)(4) above was mailed.

If the appraised value of an abandoned motor vehicle sold pursuant to this article is two hundred dollars ($200.00) or less, the sale shall be made only for the purpose of junking, scrapping, or dismantling such motor vehicle, and the purchaser thereof shall not, under any circumstances, be entitled to a Colorado certificate of title. The Northglenn Police Department shall cause to be executed and delivered a bill of sale, together with a copy of the report described in subsection 7-3-7(a)(2), to the person purchasing such motor vehicle. The bill of sale shall state that the purchaser acquires no right to a certificate of title for such vehicle. The Department shall promptly submit a report of sale, with a copy of the bill of sale, to the Department of Revenue and shall deliver a copy of such report of sale to the purchaser of the motor vehicle.

If the appraised value of an abandoned motor vehicle sold pursuant to this article is more than two hundred dollars ($200.00), the sale may be made for any intended use by the purchaser thereof. The Northglenn Police Department shall cause to be executed and delivered a bill of sale, together with a copy of the report described in subsection 7-3-7(a)(2) and an application for a Colorado certificate of title signed by a legally authorized representative of the Department, to the person purchasing such motor vehicle. The purchaser of the abandoned motor vehicle shall be entitled to a Colorado certificate of title upon application and proof of compliance with the applicable provision of the "Certificate of Title Act," C.R.S. §42-6-101, and regulations of the Department of Revenue.

[Source: Ord. 843, 1986]

Section 7-3-9. Proceeds of Sale.

If the sale of any motor vehicle and its attached accessories or equipment under the provisions of section 7-3-8 produces an amount less than or equal to the sum of all charges of the tow operator who has perfected a lien, then the tow operator shall have a valid claim against the owner of record for the full amount of such charges, less the amount received upon the sale of such motor vehicle. Such charges shall be assessed in the manner provided for in the provisions of any towing contract in force between the City of Northglenn and its authorized tow operator. If no such towing contract is in force, the charges shall be assessed in the manner provided for in C.R.S. §42-4-1610(2)(a).

If the sale of any motor vehicle and its attached accessories or equipment under the provisions of section 7-3-8 produces an amount greater than the sum of all charges of the tow operator who has perfected a lien, then the provisions of any towing contract in force between the City of Northglenn and its authorized tow operator shall prevail. If no such towing contract is in force, the charges shall be assessed in the manner provided for in C.R.S. §422-4-1610(2)(a).

Any balance then remaining shall be forwarded to the Department of Revenue, and the Department of Revenue may recover from such balance any taxes, fees, and penalties due and payable to it with respect to such motor vehicle.

Any balance then remaining shall be paid by the Department of Revenue: First, to any lienholder of record as his interest may appear upon the records of the Department of Revenue; second, to any owner of record as his interest may so appear; and then to any person submitting proof of his interest in such motor vehicle upon the application of such lienholder, owner, or person. If such payments are not requested and made within one hundred twenty (120) days of the sale of the abandoned motor vehicle, the balance shall be transmitted to the state treasurer, who shall credit the same to the highway users fund.

[Source: Ord. 843, 1986]

Section 7-3-10. Exemptions.

Nothing in this article shall be construed to include or apply to the driver of any disabled motor vehicle who temporarily leaves such vehicle on the paved or improved and main-traveled portion of a roadway, subject, when applicable, to the emergency lighting requirements set forth in C.R.S. §42-4-227.

Nothing in this article shall be construed to include or apply to authorized emergency motor vehicles while such vehicles are actually and directly engaged in, coming from, or going to an emergency.

Nothing in this article shall be construed to include or apply to abandoned vehicles kept as evidence for either criminal or civil cases by the department.

[Source: Ord. 843, 1986]

Section 7-3-11. Registration. No boat with or without trailer, specialized trailer, travel trailer or camping trailer, detached camper, jet ski, snowmobile, motorcycle, motor cart, or other vehicle not licensed by the State of Colorado for operation on the highways, shall be parked or stored on any public street or public right-of-way, and the variance provisions of Section 11-7-7 shall not apply hereto.

[Source: Ord. 1734, 2017]

Section 7-3-12. Repealed (Ord. 1150, 1996).

Section 7-3-13. Certain Materials Prohibited for Use on Vehicle Windows.

It shall be unlawful for any person to operate a motor vehicle registered in Colorado on which any window except the windshield is composed of, covered by, or treated with any material or component which presents an opaque, nontransparent, tinted, metallic or mirrored appearance in such a way that it allows less than twenty-seven percent light transmittance. The windshield shall allow seventy percent light transmittance. The provisions of this paragraph (a) shall not apply to the windows to the rear of the driver, including the rear window, on any motor vehicle; however, if such windows allow less than twenty-seven percent light transmittance, then the front side windows and the windshield on such vehicles shall allow seventy percent light transmittance.

Notwithstanding any provision of paragraph (a), nontransparent material may be applied, installed, or affixed to the topmost portion of the windshield subject to the following:

The bottom edge of the material extends no more than four inches measured from the top of the windshield down;

The material is not red or amber in color, nor does it affect perception of primary colors or otherwise distort vision or contain lettering that distorts or obstructs vision;

The material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or preceding vehicles to any greater extent than the windshield without the material.

Subsection (a) shall not be construed to prohibit the use of:

a manufacturer installed sun visor.

a window treated in a manner approved by Federal statute or regulation and produced with such treatment by the manufacturer.

certificate or other papers required by law to be displayed, so long as they are displayed in a manner which does not obstruct the view of the driver.

In any prosecution for an alleged violation of any of the provisions of this Section, proof that the vehicle described in the complaint was driven, parked or stopped in violation of this Section, together with proof that the Defendant named in the complaint was, at the time of such driving, stopping or parking, a registered owner of the vehicle, shall constitute prima facie evidence that the Defendant was the person who drove, parked, stopped, or knowingly permitted to be driven, stopped or parked, such vehicle at the place where, and for the time which such violation occurred.

[Source: Ord. 929, 1988; 1130, 1995]

Section 7-3-14. Deposit of Snow and Ice in Public Roadway. In commercial zones C-O, C-1, C-2, C-3, C-4 and C-5, and in Industrial Zones I-1 and I-2 in the City, it shall be unlawful to remove any snow and ice from any parking lot, public sidewalk, private walk, private road or private driveway, and deposit or dump the same upon or into a public street, road or highway.

[Source: Ord. 1734, 2017]

Section 7-3-15. Use of Earphones While Driving.

No person shall operate a motor vehicle while wearing earphones. As used in this section, "earphones" shall include any headset, radio, tape player, or other similar device which provides the listener with radio programs, music, or other recorded information through a device attached to the head and which covers all of or a portion of the ears. "Earphones" shall not include speakers or other listening devices which are built into protective headgear.

[Source: Ord. 1042, 1991; 1130, 1995]

Section 7-3-16. Violations--Penalty. Any violations of the provisions of Article 3 of Chapter 7 of the Northglenn Municipal Code shall be punishable as provided in Section 1-1-10(a)(2) of this Code.

[Source: Ord. 1130, 1995]