Manitou issues parking tickets on lot it doesn't own

Manitou Springs officials recently discovered that the city doesn't own the popular Barr Trail parking lot. But the goof has not stopped Manitou from issuing parking violation tickets in the lot, even though the $15 tickets may have been unenforceable.

Manitou Springs' city attorney and city manager did not respond Thursday to requests for an interview. Colorado Springs Police spokesman Sgt. Scott Schwall said state law says city police can fine parking scofflaws only on city property. Beyond that, they have no jurisdiction, he said. The Barr parking lot is on private land owned by Colorado Springs Utilities.

In private parking lots, whether a mall or a trailhead, he said, "It's up to the private land owner. The only time we would ever write tickets is if there was a fire lane violation or a handicapped violation."

John Leavitt, a city of Colorado Springs spokesman, said the situation is similar to private parking meters property owners erected in private lots at the First and Main Town Center on Powers Boulevard.

"They could leave notes, they could give warnings, but people quickly figured out they could not do any real enforcement," he said.

The Barr Trail lot issue came to light when Manitou officials recently decided to start charging $5 per car to park there. When the plan was announced, Utilities notified Manitou that it does not control the lot.

Manitou used to have jurisdiction of the lot. It signed a 20-year lease for the lot from Utilities in 1981. But the lease expired in 2001, and no one on either side noticed until recently. Manitou officials said the city did not know its lease on the parking lot had lapsed until this spring.

But as anyone pleading their case against a ticket soon learns, ignorance is no excuse. And in the months since Manitou officials learned about the lapse, ticket writing has continued.

Janie Nuci, who handles Manitou's municipal traffic tickets, said the city issues about one parking violation ticket per week for the lot - maybe a few more in the summer.

Most are for parking in no parking areas, or parking in a way that blocks other cars.

"Generally, our police only go up there if there has been a complaint, like if someone has parked someone else in," she said.

It is unclear how many of the parking tickets are void and how many are enforceable because the car impeded a fire lane. It is also unclear if Manitou plans to continue writing tickets.

City officials have said they hope to sign a new long-term ownership agreement for the lot with Utilities within the next few weeks.