A. Utilization Of Surface Of Public Property: The surface of public property may be used and occupied for any purpose not inconsistent with the provisions of this part or other laws and ordinances regulating the use of the property.
B. Detailed Plans And Descriptions Required: The person or persons desiring revocable permits to use the surface of public property shall submit with the application detailed plans and descriptions, including, but not limited to, the installation, construction, size and location of the structure or device and the purpose thereof.
C. Responsibility To Pay All Costs: The permittee shall pay all costs for the installation and construction of any structure on public property, and further, shall pay all costs and expenses attendant to the removal of the device, structure or use in the event the permit is rescinded.
D. Mayor To Oversee Construction And Installation: The construction or installation of a device or structure on the surface of public property shall be subject to the direction of the Mayor.
E. Revocable Permit: A revocable permit may be issued for the following uses, structures or devices:
1. Bicycle parking racks.
2. The use of newsracks in, on, or above the public right of way in the City requires a revocable permit and is subject to regulation. Newspaper or other vending machines placed in, on, or above the public right of way in the area bounded on the north by the centerline of Boulder Street, on the east by the centerline of Wahsatch Avenue, on the south by the centerline of RioGrande Avenue, and on the west by the centerline of Sahwatch Street shall be known as the Downtown regulated area. Newspaper or other vending machines placed in, on, or above the public right of way in the area bounded on the north by the centerline of Pikes Peak Avenue, on the east by the centerline of Twenty First Street, on the south by the centerline of Cucharras Street and on the west by the centerline of Thirtieth Street shall be known as the Old Colorado City regulated area. The Downtown and Old Colorado City regulated areas are subject to regulations separate from those applicable to the use of newsracks elsewhere in the City. These regulated areas may be expanded or new areas added where there is tangible evidence that additional regulation is necessary to achieve the purposes of the City.
4. Flagpoles.
5. Awnings.
6. Lighting.
7. Parking.
8. Fencing.
9. Trash and construction dumpsters.
10. Freestanding signage.
11. Special events, community events, promotions, sidewalk sales, or similar activities. A single permit may be issued to an association or group sponsoring the event or activity, provided all addresses or locations represented by the group shall appear on the application and the permit. Depending upon the nature or size of the event or activity, additional administrative review may be required 2 .
12. Any other lawful similar uses or occupancies as determined by the Mayor.
F. Conditions: The following conditions as well as the other conditions in this article, shall apply to each of the above listed uses, structures and devices:
1. No device or structure shall be so located or used so as to:
a. Flow Interruption: Interrupt the normal flow of vehicular or pedestrian traffic;
b. Normal Use Interference: Interfere with the public's normal use of the public property upon which the structure, device or use is permitted, such as the overhang of diagonally parked automobiles or the door opening radius of parallel parked automobiles;
c. Interference With Other Device Or Structure: Interfere with any other device or structure lawfully existing, such as parking meters, water meters, curb cuts, bus stops, etc.;
d. Specifications: The device, structure or use shall not occupy more than one-fifth (1/5) of the width of any paved sidewalk. Whenever possible, devices and structures shall be installed on unpaved or unused areas of sidewalks or in connection with other devices or structures already installed which break the flow of pedestrian traffic.
e. Structures And Devices At Municipal Bus Stops:
(1) City Council finds that regulation of structures and devices at municipal bus stops is necessary to protect the health, safety and welfare of transit users, including, but not limited to, ensuring ADA access for the disabled and the protection of young children by ensuring visibility of children waiting or crossing at municipal bus stops.
(2) No structure or device, including, but not limited to, newsracks, newspaper boxes, kiosks, signs, or other items, whether or not otherwise permitted under, over, or on the surface of public property pursuant to this Code or any City license or permit, shall be located on public property or property leased or otherwise under the control of the City within twelve feet (12') of a municipal bus stop sign, and where installed, within twelve feet (12') of any edge of a bus stop bench, a bus stop surface pad, or a bus stop shelter.
(3) This subsection F1e shall not apply to signs or other devices authorized by the City's Transit Services Manager for conveyance of transit schedules or other transit information, municipal or state traffic regulation and safety signs or devices, the installation of bus benches, bus shelters or bus stop structures authorized by the Transit Services Manager, advertising which is authorized by the Transit Services Manager through contract or otherwise and which is located upon bus benches or shelters, or municipal bus stops located within the "regulated areas" defined in subsection E2 of this section.
(4) For purposes of this subsection F1e, the term "newsrack" means and includes any box, container, storage unit or other dispenser installed, used, or maintained for the display, distribution or sale of printed material.
(5) Violation of this subsection F1e shall be punishable as provided under section 1.1.201 of this Code. Each device or structure placed in violation of this subsection F1e shall constitute a separate violation of this section, and the owner or operator, or both, of the device or structure shall be responsible for any violation involving that device or structure.
(6) The City's Transit Services Division shall have concurrent authority to enforce the provisions of this subsection F1e, including, but not limited to, the issuance of citations, and shall be authorized to seize and remove and dispose of any structure or device placed at bus stops in violation of this subsection F1e without notification to the owner.
2. Any device or structure shall be installed in a manner so as to prevent it from being dislodged by any natural force such as wind or any manmade force such as an act of vandalism.
3. Devices and structures permitted shall be so constructed as to reduce so far as is feasible sharp edges or protrusions that could cause injury to persons or damage to property. Devices and structures shall be easily visible and recognizable with regard to the available light from street lighting and light emanating from adjoining property during periods of darkness.
4. Devices and structures shall be installed so as to eliminate the collection of litter under and upon the same, insofar as possible, and to facilitate cleaning of the adjacent area of litter and snow.
G. Newsracks Within The Regulated Areas:
1. Within the regulated areas, it is unlawful for any person other than a person acting at the direction of the Mayor to erect, place, or maintain a newsrack on, in, or above any public street or sidewalk or any other part of the public right of way.
2. Within the regulated areas, it is unlawful for any person to distribute any publication by use of a newsrack that is placed on, in, or above any public street or sidewalk or any other part of the public right of way without first obtaining a revocable permit.
3. Within the regulated areas, it is unlawful for any person, other than the Mayor to move or remove a newsrack.
4. It is unlawful for any person to deface or vandalize a newsrack.
5. "Newsrack" means any box, container, storage unit, or other dispenser installed, used, or maintained for the display, distribution, or sale of printed material.
H. Compliance: All permittees with uses, devices or structures now existing shall be required to comply with the provisions of this article, except for the submission of plans. (Ord. 4466; 1968 Code §10-156; Ord. 81-244; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 04-199; Ord. 07-31; Ord. 07-84; Ord. 09-68; Ord. 11-19)
Notes
| 1 | 1. See the City's Zoning Code for regulations concerning benches at bus stops. |
| 2 | 2. Street closure permits, park permits and other permits as required. |