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The Mayor is authorized to impose on the permittee at any time additional conditions or provisions relating to the revocable permit for the use or occupancy of public property that are reasonable and necessary to protect the public health, safety and welfare, and the safety and welfare of general City equipment and facilities. Without limiting the generality of the foregoing, the Mayor may consider the requirement of a bond or cash deposit to assure the removal of any device or structure at the expiration or in the event of revocation of the permit, or to assure the completion of the work within the required time or restore the surface of the public space to the former conditions upon completion of installation of the structure or device for which the permit is requested.
The Mayor is authorized to waive any of the provisions or conditions of this article in respect to any revocable permit requested by any charitable, educational, nonprofit or eleemosynary institution, organization or association. The insurance requirements found in section 3.2.203 of this part may not be waived without express approval of the City Council. (Ord. 4466; 1968 Code §§10-159, 10-160; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 07-31; Ord. 11-19)
The permittee shall inform himself or herself, and keep fully informed, and comply with, all Federal and State laws, Municipal laws and ordinances, the Charter of the City, and all rules and regulations, including, but not by way of limitation, the various construction codes of the City as the same may be now or hereafter amended 1 . The permittee shall at all times protect and indemnify the City, its officers, agents and employees against any claim of liability arising from or based on violations of the laws, ordinances or regulations caused by any actions or omissions of the permittee arising out of the exercise of the permit. (Ord. 4466; 1968 Code §10-152; Ord. 01-42; Ord. 07-31)
Notes
| 1 | 1. For adoption by reference of building and construction codes, see chapter 7 of this Code. |
The site or sites of the permitted use or occupancy or both shall have adequate safeguards to protect the public against damage or injury, and shall be kept in a clean and orderly manner. Failure to maintain a safe, clean and orderly site shall be cause for suspension of the permit pending correction of the cause of suspension or revocation if such fault be continued or of aggravated nature. (Ord. 4466; 1968 Code §10-153; Ord. 01-42; Ord. 07-31)
A. The use and occupancy of public property for which revocable permits may be issued is classified in three (3) categories: first, "subsurface space", second, "surface uses", and third, "spaces above surface of public property".
B. Use and occupancy of public property for which a revocable permit is issued may be exclusive in the name of the permittee thus prohibiting others from entering upon the property exclusively permitted without the invitation and permission of the permittee.
C. The permittee may charge fees for the use of the public property by others to cover the cost of the items as insurance, barricading, portable toilets, and other items. The permittee shall be required to provide a complete accounting of all fees charged. (Ord. 4466; 1968 Code §10-154; Ord. 91-20; Ord. 01-42; Ord. 07-31)
A. The space below the surface of public property may be used and occupied in connection with the use of the adjoining private property or for uses in the public interest not inconsistent with the provisions of this part, other laws and ordinances regulating the use of the property. No use shall be authorized which will interfere with any existing or proposed underground utility line or installation or other lawfully existing underground installation. "Proposed" means scheduled for installation within the following twelve (12) month period.
B. The person or persons desiring a revocable permit for the use of subsurface space, with the exception of private stormwater connections, shall submit with the application detailed plans including, but not limited to:
1. The exact location, size, dimensions, apertures, ventilation and landscaping of the underground structure or device.
2. The period of excavation and space required for excavation.
3. A description of protective and safety devices to be used during the excavation, including, but not limited to, barricades, warning lights and directional signs.
4. The legal description of adjoining land to be served by the permit, if pertinent.
The issuance of a revocable permit shall not relieve the permittee of the obligation to obtain from the department having jurisdiction all required permits and to pay the required fees therefor, all in accord with applicable City ordinances.
C. The permittee shall pay for the installation and construction of any structure or device below the surface of public property, and shall pay all costs and expenses attendant to the removal of the structure or device and backfilling of the space in the event the permit is rescinded.
D. Openings from the spaces below the surface of public property shall be covered to prevent damage or injury. The permittee may open access to the space below the surface of public property at any time as long as there are adequate safeguards to protect the public from damage or injury, and the time of opening does not inconvenience the public. It shall be unlawful to leave open any aperture to the space below so as to endanger persons, animals or vehicles. Ventilation shall be by means of grates or other devices so as not to endanger persons or property.
E. The entire construction or installation shall be subject to the direction and approval of the Mayor.
F. A revocable permit may be issued for the following:
1. Vaults.
2. Storage tanks. Fire Department approval is required for storage of flammables.
3. Equipment or material drops.
4. Monitoring wells or private stormwater connections to the public stormwater system or monitoring wells located in City right of way. A license may be issued for monitoring wells or private connections to the public stormwater system located in drainage easements, tracts or other City owned property.
5. Communication conduits.
6. Any other lawful similar uses or occupancies as determined by the Mayor or Utilities Executive Director.
G. All permittees of subsurface uses now existing shall be required to comply with this article upon renewal of permit; except that plans need not be submitted. (Ord. 4466; 1968 Code §10-155; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 07-31; Ord. 08-44; Ord. 08-45; Ord. 11-19)
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. |
A. The space above the surface of public property may be used and occupied in connection with the use of adjoining private property or for uses in the public interest not inconsistent with the provisions of this article, this Code or other laws and ordinances regulating the use of the property.
B. The person or persons desiring a revocable permit shall submit with the application detailed plans including, but not limited to, the exact location, size, dimensions and access to the aboveground device or structure.
C. The permittee shall pay for the construction and installation of any device or structure above the surface of public property, and further, shall pay all costs attendant on removing the device or structure in the event the permit is rescinded.
D. The construction or installation of the device or structure above the surface of public property shall be subject to the direction of the Mayor.
E. A revocable permit may be issued for any other lawful similar uses or occupancy to those permitted by the Building Code and Zoning Code as determined by the Mayor, provided no device or structure of a permanent nature shall extend beyond the curb line, regardless of the height of the structure, and that no use, structure or device shall interfere with any existing or proposed overhead utility line or other lawfully existing use or structure. "Proposed" means scheduled for installation within the following twelve (12) month period.
F. All permittees with devices, structures or uses now existing shall be required to comply with this article upon renewal of permit. Plans need not be submitted. (1968 Code §10-157; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 05-135; Ord. 07-31; Ord. 11-19)
Any revocable permit may be revoked by the City Council at its pleasure in accord with City Charter section 10-100. The Mayor is authorized to revoke any revocable permit if action is deemed by the Mayor to be necessary to protect the public health, welfare, safety, necessity or convenience in the use of public property. The Mayor shall give notice in writing to the permittee at least fourteen (14) days before the effective date of revocation in order to allow permittee to appeal to City Council in accord with this part. This notice requirement shall not limit the power of the Mayor to summarily revoke any revocable permit if there is a present existing or imminent danger to the public health, safety or welfare. (Ord. 4466; 1968 Code §10-144; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 07-31; Ord. 11-19)
Any applicant for a revocable permit or any person protesting an application who is aggrieved by the action or decision of the Mayor may appeal that action or decision to the City Council. The appeal shall be in writing, shall be executed by the appellant or the applicant's agent or attorney, in duplicate, shall state and specify briefly the grounds for the appeal, and shall be filed with the Mayor within ten (10) days after the action or decision appealed. The City Council shall then give public notice of the appeal and hold a public hearing. The hearing shall be de novo and all facts and circumstances shall be heard and considered. At the conclusion of the hearing the Council may deny or revoke the permit, order changes in the conditions and provisions of the permit, or order the issuance, continuance or renewal of the permit. (Ord. 4466; 1968 Code §10-161; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 07-31; Ord. 11-19)
A. Unlawful To Obstruct Public Way: It shall be unlawful for any person to place upon or construct upon any sidewalk, street, alley or other public way or upon any natural watercourse or improved drainway any encumbrance or obstruction, such as, but not limited to, earth fill, building materials, fences, platforms, stairs, railings or barricades (hereafter "offending object"), except under the terms of a revocable permit as provided in this part.
B. Notice To Remove Offending Objects: The Mayor or Utilities Executive Director shall notify in writing the owner, agent or person responsible for the placing or construction of the offending object, when that owner, agent or person is known to the Manager or Director, to remove the same within a reasonable time and restore the public way to its former state. If the offending object has not been removed at the expiration of the time stated in the notice, the Mayor or Utilities Executive Director shall cause the same to be removed and stored and all necessary correction work performed to restore the public way or watercourse to its former state, all at the expense of the owner.
C. Abandoned Objects Become City Property: If within thirty (30) days the offending object has not been reclaimed and all costs of removal and restoration of the public way paid, the same shall be presumed to have been abandoned and the Mayor or Utilities Executive Director may declare the same to be City property. The same may be used or disposed of in the same manner as other City property 1 .
D. Revocable Permits:
1. Signs And Signposts Prohibited On Public Ways: It shall be unlawful for any person to place upon or construct upon any sidewalk, street, alley or other public way or upon any natural watercourse or improved drainway any sign or signpost except under the terms of a revocable permit as provided in this part. The Code Enforcement Administrator or a designated representative shall be authorized to remove and dispose of any unauthorized sign or signpost without notification to the owner.
2. Exceptions: The provision of subsection D1 of this section shall not apply to any sign or signpost between the hours of one minute after twelve o'clock (12:01) P.M. on Friday through twelve o'clock (12:00) noon on Monday, provided that it is not placed upon any median, park property, utilities easement or pole, but is placed within the public right of way and meets the following minimum standards:
a. The sign does not exceed six (6) square feet in area;
b. The sign is not placed within the downtown core as defined in subsection 7.4.1312
F2 of this Code; and
c. The sign is not placed in the right of way adjacent to any residentially zoned property, unless express permission is granted by the property owner. (1980 Code; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 03-42; Ord. 03-187; Ord. 07-31; Ord. 11-19; Ord. 23-17 2 )
Notes
| 1 | 1. See section 1.5.703 of this Code for method of disposition of City property. |
| 2 | 1. June 5, 2023 is the effective date of Ordinance 23-17. |
Small Cell Facilities may be located in the right-of-way pursuant to the requirements of City Code Section 7.3.303
. The Mayor or designee shall set the terms, fees, compensation and conditions relating to the use of the right-of-way for Small Cell Facilities, consistent with the provisions of this Code. (Ord. 20-30; Ord. 23-17 1 )
Notes
| 1 | 1. June 5, 2023 is the effective date of Ordinance 23-17. |
AIR OPERATIONS AREA (AOA): Has the meaning defined in 49 CFR section 1540.5, as amended.
FACILITY: Any City owned or leased building, facility, real or personal property, right of way or easement. This term shall apply to all City facilities operated for the benefit of the municipal government and utilities, hospital and municipal enterprise facilities.
MANAGER: The person or persons who have administrative or supervisory authority over any facility. This term includes, but is not limited to, the Mayor, Utilities Director, City Attorney, City Clerk, City Auditor, Municipal Court Administrator, Presiding Judge of the Municipal Court, MHS Enterprise Board of Trustees (subject to the terms and conditions of the Memorial Health System Affiliation during its duration) and their designees.
MUNICIPAL AIRPORT: All properties presently leased or owned by the City and designated by the City Council or Mayor as a part of the Municipal Airport, including all of that property commonly known as "Peterson Field", and any properties which may be acquired by the City as a municipal aeronautical facility. "Municipal Airport" includes a terminal facility for development, promotion and accommodation of air commerce, air travel and air transportation.
PASSENGER TERMINAL FACILITY: The building and overhang structure located at 7770 Milton E. Proby Parkway in Colorado Springs, Colorado. (Ord. 03-138; Ord. 11-20; Ord. 14-14; Ord. 15-63)
A. Security Plans: The manager of any facility shall have the authority to develop security plans and promulgate rules and regulations necessary for the health, safety, security and welfare of the public, City employees and the conduct of City business within the public areas of the facility. The plans, rules and regulations shall consistently consider levels of threats linked to the national Homeland Security Threat Level Plan and be based upon a uniform analysis of security risks to the facility. The City Attorney shall review all proposed plans, rules and regulations for compliance with relevant State or Federal laws.
B. Posting Of Notice: The manager of any facility that is subject to security plans shall post a notice at the public entrance(s) of the facility, visible to persons entering the facility, noting the threat level and corresponding rules and regulations in effect and that violations of the rules and regulations will be prosecuted.
C. Posting Of Municipal Airport: The person or persons who have administrative or supervisory authority over the Municipal Airport and their designees shall post a notice at the public entrance(s) to the passenger terminal facility of the Municipal Airport and the AOA, visible to persons entering the facility or the AOA, informing the public that the possession of marijuana within the passenger terminal facility of the Municipal Airport and the AOA is prohibited. (Ord. 03-138; Ord. 14-14)
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