§ 54-900. Definitions.

The following definitions shall apply for purposes of this division:

(a)

Bond: means the bond issued pursuant to D.R.M.C. subsection 54-813(c) for the release of a vehicle seized under the provisions of D.R.M.C. subsection 54-811(10).

(b)

Claimant: means any person who claims any legal or equitable interest or right of possession in a vehicle and seeks the release of the vehicle from impoundment, including but not limited to all owners and lienors. In the event that the vehicle already has been redeemed from impoundment, the term means the person who paid the charges to redeem the vehicle from impoundment, seeks reimbursement of the charges, and presents the receipt from the Denver Impound Lot showing payment of those charges.

(c)

Impound, impounded, or impoundment: These terms mean the seizure and retention of a vehicle by the City and County of Denver under circumstances where claimants of the vehicle cannot regain possession of the vehicle without paying towing, storage or other charges. The terms include towing and retention of vehicles where release of the vehicle is conditioned upon the payment of certain charges. The terms include the placing of a "boot" or other device on a vehicle to immobilize the vehicle where removal of the "boot" or other device is conditioned upon the payment of certain charges. The city's seizure, temporary custody, towing, and movement of a vehicle from one (1) place to another alone does not constitute an impoundment. The seizure, towing, movement, taking of a vehicle into the city's custody, immobilization, or "booting" and retention of the vehicle does not constitute an impoundment if the claimant is free to retake possession of the vehicle without paying any charges. The terms do not include the seizure, immobilization, taking into custody, movement, towing, and retention of vehicles at Denver International Airport. The terms do not include the seizure, taking into custody, immobilization, movement, towing, and retention of a vehicle for investigation of a crime, as evidence of a crime, or under the authority and civil remedies of chapter 37, articles II and III, Denver Revised Municipal Code or Title 16, Article 13, Colorado Revised Statutes.

(d)

Notice of right to hearing: means the notice of right to hearing mailed or hand delivered by the City and County of Denver and any documents attached thereto.

(e)

Notice of impoundment: means the notice of impoundment mailed or hand delivered by the City and County of Denver which describes the vehicle, the charges, and the date the vehicle was redeemed or the date by which the vehicle must be redeemed in order to prevent it from being sold or destroyed, or, in the case of an immobilized or "booted" vehicle, the immobilization notice affixed to the vehicle.

(f)

Redeem: means to obtain the release and redelivery of an impounded vehicle at the Denver Impound Lot or other location and may include the payment of charges.

(g)

Respondent: the person or persons whose name appears on the bond who oppose the forfeiture of the bond or the person or persons who are contesting the requirement that posting of a bond should be required.

(h)

Show cause notice: means a notice addressed to the parties posting the bond and either hand-delivered or certified mailed to the address appearing on the bond, notifying the recipient of the deadline for filing a response and for setting the matter for hearing.

(i)

Vehicle: includes any motor vehicle as defined in Title 42, Colorado Revised Statutes.

(Ord. No. 569-97, § 1, 8-25-97; Ord. No. 878-99, §§ 2, 3, 11-22-99; Ord. No. 79-10, § 2, 2-1-10)