Update: Aurora advances impound of unregistered, uninsured vehicles driven by unlicensed drivers

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The Aurora City Council at its study session Monday advanced a proposal by council member Stephanie Hancock to impound vehicles that are not registered and insured and driven by someone with a license.

Hancock wants to empower police officers to impound vehicles. “Since the pandemic, the number of motor vehicles on Aurora’s roads with expired license plates or expired temporary registration tags has increased exponentially,” according to the ordinance. “More often than not, when a vehicle is stopped by a police officer for not having valid registration, the officer finds that the operator also does not have a valid driver’s license or insurance covering the operation of the motor vehicle as required by law.”

Without these essentials, the ordinance maintains, it is not safe to operate a vehicle on Aurora’s roads. “Members of the police department are authorized, at their discretion, to remove or have removed at their direction a vehicle from a street or any public way or place to the nearest garage or other place of safety or to a garage or other impound facility….”

Other violations that can lead to impound

Other reasons for impounding include:

· “When any vehicle is left unattended upon any bridge, causeway, viaduct, in any underpass or tunnel or where such vehicle constitutes an obstruction to traffic.

· “When a vehicle is found being driven upon the street and is in such a condition so as to represent an articulable substantial threat to the health, safety, or welfare of the public.

· “When any vehicle is parked upon any street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or with proper street or highway maintenance.

· “When any member of the police department has probable cause to believe that vehicle is an abandoned vehicle, as defined in section 134-146.

· “When the driver of such vehicle is taken into custody by the police department.

· “When removal is necessary in the interest of public safety because of fire, flood, storm, or other emergency or disaster.

· “When any vehicle is parked in a posted fire lane.

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· “When any vehicle is found on any property owned or controlled by the city or any other governmental agency except for the rights-of-way of streets or highways and designated parking spaces. This subsection does not apply to city maintenance or city patrol vehicles.

· “When any vehicle is parked upon any street scheduled for or upon which cleaning, sweeping, repair or maintenance operations are being conducted, provided that such street has been posted with an authorized sign temporarily prohibiting parking on such street during the involved operations.

· “When the vehicle is suspected of containing evidence of a crime, stolen goods or contraband or is evidence in a criminal investigation.

· “When a vehicle upon a street or highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is, by reason of injury, incapacitated to such an extent as to be unable to provide for its custody or removal.

· “When any vehicle is left unattended on any street with its engine running or with keys in the ignition switch or lock.

· “When a vehicle is parked in violation of any traffic ordinance and is an obstruction or hazard or potential obstruction or hazard to any lawful function or limits the normal access to a use of any public or private property.

· “When the police officer has probable cause to believe that the driver of a vehicle is using license plates or a license permit unlawfully, misusing the license plates or the license permit issued to the driver or a vehicle is driven or parked without proper license plates or a license permit or with no license plates or license permit or a vehicle is driven or parked with an invalid or expired license plate or permit.

· “When the police officer has probable cause to believe that the driver of a vehicle is driving without an operator's license or chauffeur's license which is current and valid or who does not have such a license in the driver's immediate possession or who drives a vehicle contrary to restrictions imposed upon the license, or who drives a vehicle while his or her operator's or chauffeur's license has been denied, suspended, cancelled, or revoked by the state.

· “When the driver of any vehicle or the vehicle which the driver is driving is suspected of having been involved in any hit and run accident.

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· “When any vehicle is suspected of being stolen or parts thereof are suspected to be stolen parts.

· “When a trailer or semitrailer, not connected to a motor vehicle or truck, is kept, stored, or parked on any public roadway within the city for more than 24 hours after having been cited for a violation of section 134-2(c)(4).

· “When an unlawful vehicle, as defined in section 134-2(c), is kept, stored, or parked on any public right-of-way or roadway more than 24 hours after having been cited as an unlawful vehicle. If an unlawful vehicle, which has been cited as an unlawful vehicle, is found on any roadway within six months of the date of the original citation, it shall be subject to immediate removal or impoundment.

· “When any vehicle is parked upon any street, highway or city owned property which has been posted as a tow away zone.”

Even though the council approved the impound proposal during its study session, members still will have to approve it twice more at regular council meetings for it to become law.