1. (1)

   1. (a) A vehicle immobilization company shall not immobilize a vehicle on private property unless:

      1. (I) The immobilization is expressly ordered or authorized by a court order, an administrative order, or a peace officer or by operation of law; or

      2. (II) The vehicle immobilization company has received documented permission, which must not be automated or preapproved, for each individual immobilization, within the twenty-four hours immediately preceding the immobilization, from the following person that must document the permission by signing the form created in accordance with subsection (1)(b)(I) of this section:

         1. (A) The owner of or leaseholder of the private property; except that, if the owner or leaseholder would earn income from the immobilization, the vehicle immobilization company shall not perform the immobilization but may authorize another vehicle immobilization company to perform the immobilization;
         2. (B) A person subject to the Colorado Common Interest Ownership Act, article 33.3 of title 38, if the private property is located within the boundaries of the person's area of operation; or
         3. (C) An employee of a person described in subsection (1)(a)(II)(A) or (1)(a)(II)(B) of this section or an employee of a property management company retained to collect rent and perform residential services; except that the employee who has a financial interest in or relationship with the vehicle immobilization company or a parking lot management company that earns income from managing or controlling parking or permission to park or that earns income from immobilizations shall not grant permission to authorize the immobilization.

   2. (b)

      1. (I) The commission shall create a form that implements subsection (1)(a)(II) of this section.
      2. (II) The vehicle immobilization company must retain for three years after the immobilization the signed form required by subsection (1)(a)(II) of this section and, upon request, provide the signed form to the authorized or interested person.
2. (2) A property owner with tenants shall issue each tenant a written document containing any applicable parking regulations before the regulations are adopted or amended or before the person agrees to be a tenant.

3. (3)

   1. (a) Except as provided in subsection (3)(d) of this section, a vehicle immobilization company shall not immobilize a vehicle in a parking space or common parking area without the vehicle immobilization company or property owner giving the vehicle owner or operator twenty-four hours' written notice, unless the vehicle owner or operator has received a previous notice for parking inappropriately in the same manner.
   2. (b) The vehicle immobilization company or property owner shall provide the notice required in subsection (3)(a) of this section by placing a written notice on the windshield of the vehicle at least twenty-four hours before immobilizing the vehicle.

   3. (c) The notice required in subsection (3)(a) of this section must state clearly:

      1. (I) That the vehicle will be immobilized if the vehicle remains parked inappropriately;
      2. (II) A description of the inappropriate parking that has caused the notice to be given;
      3. (III) The date and time the vehicle will be immobilized if it is not moved to appropriate parking or the inappropriate parking has not been corrected; and
      4. (IV) That continuing to park inappropriately in the same manner may lead to the vehicle being immobilized without notice.

   4. (d)

      1. (I) A vehicle immobilization company or property owner need not give the notice required in subsection (3)(a) of this section before immobilizing the vehicle if the vehicle immobilization company gives the notice required in subsection (3)(d)(II) of this section and if:

         1. (A) The vehicle is parked a second or subsequent time in the same inappropriate manner that caused it to receive previous notices;
         2. (B) The vehicle is parked in or effectively obstructing a fire hydrant or a designated and marked fire zone;
         3. (C) The vehicle is parked in violation of section 42-4-1208 (4) or in reserved parking for people with disabilities without displaying an identifying placard or an identifying plate, as those terms are defined in section 42-3-204 (1)(f) and (1)(g), that is currently valid or has been expired for no more than sixty days;
         4. (D) The immobilization is expressly ordered or authorized by a court order, an administrative order, or a peace officer or by operation of law;
         5. (E) The vehicle significantly blocks a driveway or roadway enough to effectively obstruct a person's access to the driveway or roadway;
         6. (F) The vehicle is parked in an individually designated, rented, or purchased parking space of a resident; or
         7. (G) The vehicle is parked in a parking lot marked for the exclusive use of residents; except that the notice required in subsection (3)(a) of this section is required for parking spaces that are designated as visitor parking.
      2. (II) To immobilize a vehicle under subsection (3)(d)(I) of this section, the vehicle immobilization company must place a notice on the immobilized vehicle that contains the phone number of the company, the normal operating hours of the company, and the phone number to contact the company outside of normal operating hours.

   5. (e) For purposes of this subsection (3), a vehicle is parked inappropriately when it is parked in a manner that:

      1. (I) Violates the procedures necessary to obtain authorization to park in the lot or space;
      2. (II) Fails to comply with the property owner's signs or the agreements of the tenants; or
      3. (III) Violates a statute, rule, ordinance, or resolution of the state or a political subdivision of the state.

4. (4)

   1. (a) A vehicle immobilization company shall not immobilize a vehicle on private property normally used for parking unless:

      1. (I) Notice of the parking regulations was provided to the vehicle operator upon entering the private property and parking the vehicle; and
      2. (II) Notice that a vehicle parked in violation of the regulations is subject to immobilization at the vehicle owner's expense was provided to the vehicle operator upon entering the private property and parking the vehicle.
   2. (b) A property owner with tenants shall provide the notice described in this subsection (4) by issuing each tenant a written document containing the applicable parking regulations before the regulations are adopted or amended or before the person agrees to be a tenant.
5. (5) Unless the immobilization is based on an order given by a peace officer, a vehicle immobilization company shall not immobilize a vehicle on private property because the rear license plate of the vehicle or the record obtained using the system described in section 42-4-2103 (3)(c)(III) indicates that the vehicle's registration has expired.
6. (6) A vehicle immobilization company shall not immobilize a vehicle because the vehicle is inoperable if the vehicle is owned by a resident and is parked in the resident's designated, rented, or purchased parking space or driveway or in a mobile home lot that is leased or owned by the resident.

Source: L. 2025: Entire part amended, (HB 25-1117), ch. 391, p. 2204, § 3, effective June 3.