§ 54-419. Parking in private driveway or on private property.

(a)

It shall be unlawful for any person to park or stand a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading, in a private driveway or on private property without the express or implied consent of the owner or person in lawful possession of such driveway or property.

(b)

Vehicles considered to be illegally parked on any parking lot or any private parking area shall be reported by the owner or manager of such parking lot or private parking area to the police department for issuance of an appropriate parking citation. Any police officer, any employee of the city, or any person designated by the manager of safety to give such notices as part of their official duties is hereby empowered to issue an appropriate parking citation or summons and complaint under this Code.

(c)

At a parking lot required to be licensed under article IX of chapter 55, it shall be unlawful for any person to tow away any vehicle, or to immobilize any vehicle by installing or attaching a device designed to restrict the normal movement of such vehicle, or to immobilize the vehicle by any other means whatsoever, except as provided in section 54-811. Vehicles considered to be abandoned on a parking lot required to be licensed under article IX of chapter 55 shall be reported to the police department for impounding under article XV of this chapter, and shall only be removed by authority of the police department.

(d)

At a private parking lot or area which is exempt from licensing under article IX of chapter 55, it shall be unlawful for any person to tow away any vehicle; or to immobilize any vehicle by installing or attaching to the same a device designed to restrict the normal movement of such vehicle or by any means whatsoever, except:

(1)

When the person is towing or immobilizing as provided in section 54-811;

(2)

When the person has the consent of the owner or custodian of such vehicle; or

(3)

When upright, permanent signs, not less than one (1) square foot in size and with lettering not less than one (1) inch in height, are posted at the head of the parking spaces within the private parking area, numbering at least one sign per each fifteen designated parking spaces or in another number or manner designed to give parkers reasonable notice and approved by the director of excise and licenses, warning trespassing parkers that they are subject to fine and that vehicles illegally parked by them will be towed away or immobilized; and, upright, permanent signs, not less than four (4) square feet in size with lettering not less than two (2) inches in height, and kept illuminated at night, are posted in a conspicuous location or locations at eye level and not less than ten (10) feet from each entrance to the private parking area, warning trespassing parkers that they are subject to fine and that vehicles illegally parked by them will be towed away or immobilized, and listing by name each business served by such lot if there are less than five (5) businesses, or if there are five (5) or more businesses, clearly identifying the businesses in a manner satisfactory to and approved by the director of excise and licenses; and, the person towing or immobilizing any vehicle complies with the terms and conditions of licensing provided for in article X of chapter 55. On and after July 1, 2006, in order to meet the requirements of this subsection any sign shall, in addition to meeting any other requirement of this subsection, be displayed not less than six (6) feet above grade and not more than three (3) feet from any entrance to the private parking area; and

(4)

When the vehicle is towed away from such private parking area by an operator properly equipped to tow vehicles and licensed by the city to perform wrecker or towing services under article VI of chapter 55, or by an operator who has been issued a certificate or permit as a towing carrier by an agency of the State of Colorado; or, when the vehicle is immobilized with an authorized device by a vehicle immobilization service licensed by the city to immobilize vehicles under article X of chapter 55.

(e)

Except as provided in subsection (d), it shall be unlawful for any person to cause to be towed away or to be immobilized any vehicle parked in a private parking area which is exempt from licensing under article IX of chapter 55 without the consent of the owner or custodian of such vehicle.

(Code 1950, § 852.4; Ord. No. 798-92, § 1, 11-2-92; Ord. No. 843-98, § 1, 11-23-98; Ord. No. 1106-01, § 1, 12-17-01; Ord. No. 869-05, § 1, 11-28-05)