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Help & SupportChapter 1-2: Definitions4
(a) The definitions in this chapter apply throughout this code unless a term is defined differently in a specific title, chapter, or section.
(b) The following words used in this code and other ordinances of the city have the following meanings unless the context clearly indicates otherwise:
"Abandoned motor vehicle" means any motor vehicle that is left in one location on public property or on private property without the consent of the owner thereof for a continuous period of more than seventy-two hours.
"Accessory" means subordinate or incidental to, and on the same lot or on a contiguous lot in the same ownership, as the building or use being identified or advertised.
"Affirmative defense" means a defense in which the defendant, to raise the issue, presents some credible evidence on that issue, unless the city's evidence raises the issue involving the alleged defense. If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the violation.
"Age" means age between forty and sixty-five years.
"Agency" means the city council and any officer, employee, department, division, or other agency of the City of Boulder, including boards and commissions, but excludes the municipal court.
"Alley" means a street or way within a block set apart for public use, vehicular travel, and local convenience to provide access to the rear or side of the abutting lots or buildings.
"Ambulatory vendor" means any person who engages in the business of selling balloons, flowers, or shoeshines while moving about the downtown Boulder mall or a portrait artist with a minimum amount of artist's equipment.
"Antique vehicle" means a vehicle registered with and licensed by the Colorado State Division of Motor Vehicles of the Department of Revenue or the department of motor vehicles of any other state as an antique vehicle.
"Appear on behalf of" means to act as a witness, advocate, or expert or otherwise to support the position of another person.
"Architectural projection" means any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, including, without limitation, a roof overhang, mansard, unenclosed exterior balcony, marquee, canopy, awning, pilaster, and fascia, but not including a sign.
"Authorized emergency vehicle" means every vehicle equipped with audible or visual signals meeting the requirements of section 42-4-212, C.R.S., as amended, and operated by a city police officer, city firefighter, or any peace officer, and every other vehicle defined as an authorized emergency vehicle by state law.
"Authorized service vehicle" means such highway or traffic maintenance vehicles as are publicly owned and operated on a highway by or for a governmental agency, the function of which requires the use of service vehicle warning lights as prescribed by state law, and such other vehicles having a public service function, including, without limitation, public utility vehicles and tow trucks, as determined by the state department of highways under section 42-4-214(5), C.R.S., as amended. Some vehicles may be designated as both an authorized emergency vehicle and an authorized service vehicle.
"Automotive vehicle" means any vehicle, including every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or any device used or designed for aviation or for flight in the air and upon which a specific ownership tax is imposed by the State of Colorado, including, without limitation, all motor vehicles, trailers, semi-trailers, and aircraft, but excluding devices moved by human power or used exclusively upon stationary rails or tracks.
"Awning" means an architectural projection roofed with flexible material, including, without limitation, fabric, supported entirely from an exterior wall of a building, and that may be retracted, folded, or collapsed against the face of the supporting building.
"Awning sign" means a sign depicted or placed upon, attached to, constructed in, or supported by a marquee, canopy, or awning.
"Ballot proposition" means any amendment to the city charter, initiative, referendum, or recall, for which petitions have been properly certified by the city clerk for submission to the city council or any ordinance or issue put to a vote of only the electors of the City of Boulder. Such term does not include any ballot issue placed on the ballot by the United States, the State of Colorado, or any political or other subdivision thereof except the city.
"Basement" means that portion of a dwelling between floor and ceiling that is located partly below and partly above grade and has less than half its clear floor-to-ceiling height below the average grade of the adjoining ground abutting the exterior walls of the dwelling unit.
"Bathroom" means a room containing a toilet that may also contain a lavatory, shower, or bathtub.
"Bicycle" means a vehicle propelled solely by human power through a chain, belt, or gears and that has at least one wheel more than fourteen inches in diameter.
"Bike path" or "bicycle path" means a separate path that has been designated for use by bicycles by traffic control device or other sign and that is separated from the roadway for other vehicular traffic by open space or a barrier.
"Blue Line" means the line above which the City of Boulder shall not supply water for domestic, commercial, or industrial uses, as described in section 128A of the charter of the City of Boulder, except as specifically stated therein.
"Brush" means woody shrubs not part of a planned and maintained landscape of either a highly structured manicured type or a natural appearance.
"Building" means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind.
"Building extension" means any structure that is an extension of an existing building front or basement adjacent to the mall and that encroaches upon the mall.
"Building ornament" means any awning, sign, planter box, or other ornament on a building adjacent to the mall that encroaches upon the air space above the mall.
"Business" means all activities in which a person engages or in which such person causes another to be engaged with the object of gain, benefit, or advantage, whether direct or indirect.
"Camper" means a unit containing cooking or sleeping facilities that is designed to be loaded onto or affixed to the bed or chassis of a truck to provide temporary living quarters for recreational camping or travel use.
"Candidate" means any person for whom a petition as a choice for an elective office of the city has been completed, certified, and filed in the office of the city clerk, pursuant to charter section 26, including a candidate to fill a possible vacancy at a recall election, unless such person withdraws as a choice for that elective office. The term also means those persons elected to, re-elected to, or appointed to elective offices in the city.
"Canopy" means a roofed architectural projection which is supported by an exterior wall of a building and by additional supports, including, without limitation, columns, upright poles, or braces extended from the ground.
"Cellar" means that portion of a dwelling that is located partly or wholly below grade and has half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground abutting the exterior walls of the dwelling unit.
"Central Area General Improvement District" or "CAGID" means the City of Boulder Central Area General Improvement District established by Ordinance 3644 (1970), as subsequently amended.5
"Charitable organization" means any entity organized and operated in the city exclusively for religious or charitable purposes, no part of whose net earnings inures to the benefit of any private shareholder or individual, no substantial part of whose activities is carrying on propaganda or otherwise attempting to influence legislation, and that does not participate in or intervene in any political campaign on behalf of any candidate for public office or publish or distribute any statements on such candidate's behalf.
"Charter" means the charter of the City of Boulder, Colorado, as amended.
"City" means the City of Boulder, Colorado.
"City clerk" or "city treasurer" means the director of finance and record, ex-officio city clerk and city treasurer.
"City council" means the city council of the City of Boulder, Colorado.
"City manager" means the city manager of the City of Boulder, Colorado or the manager's authorized representative.
"City of Boulder Design and Construction Standards" means the design and construction standards adopted by Ordinance 5986 (1998), amended by Ordinance 7088 (2000), and including any subsequent amendments to those standards adopted by ordinance.
"Cleanable" means having a smooth, hard surface that is free from unsealed breaks and impervious to the amount of water that would be used in cleaning.
"Code enforcement officer" means any city employee or person employed under independent contract by the city who is appointed by the city manager to enforce the laws of the city. "Code enforcement officer" also means an authorized volunteer appointed by the city manager to enforce the laws concerning parking of vehicles in spaces reserved for the handicapped by issuing parking tickets.
"Condominium" means real property having more than one dwelling unit and the ownership of which consists of separate, divided fee simple estates in individual air space units, together with an undivided fee simple interest in the common elements appurtenant to such units.
"Condominium conversion" means the transfer of ownership of less than the total number of dwelling units in a multiple dwelling unit structure, where the ownership interests created by the transfer of ownership are in a number of dwelling units that is less than the total number of units in the structure in which the seller had an interest prior to the sale or, with respect to a mobile home park, the transfer of ownership of the mobile home park property so that it is jointly and severally owned by the owners of the mobile homes upon such property.
"Condominium unit" means a form of property ownership of airspace, as defined in section 38-33-103, C.R.S.
"Construction project" means the erection, installation, alteration, repair, or remodeling of a building or structure upon real estate or any other activity for which a building permit is required under this code or an ordinance of the city.
"Developer" means any person who participates in any manner in the development of land.
"Development" means any plan to construct or place one or more dwelling units on a particular parcel of land within the city.
"Driver" means every person who drives or is in actual physical control of the steering, accelerating, or braking controls of a vehicle or the rider of an animal. No person shall be deemed not to be the driver or to drive because a vehicle is out of control except immediately following a collision not proximately caused by a traffic violation of such driver. A person dismounted from a bicycle, moped, or motorcycle and pushing it on foot is a pedestrian, not a driver.
"Dwelling" means any building, structure, or other housing accommodation that is wholly or partly used or intended to be used for living or sleeping by human occupants, but excludes temporary housing.
"Dwelling unit" means one room or rooms connected together for residential occupancy and including bathroom and kitchen facilities. If there is more than one meter for any utility, address to the property, or kitchen; or if there are separate entrances to rooms which could be used as separate dwelling units; or if there is a lockable, physical separation between rooms in the dwelling unit such that a room or rooms on each side of the separation could be used as a dwelling unit, multiple dwelling units are presumed to exist; but this presumption may be rebutted by evidence that the residents of the dwelling share utilities and keys to all entrances to the property and that they: 1) share a single common bathroom as the primary bathroom, or 2) share a single common kitchen as the primary kitchen.
"Extermination" means control and elimination of insects, rodents, vermin, or other pests by eliminating their harborage and materials that may serve as their food or by taking recognized, legal methods of eliminating pests, including, without limitation, poisoning, spraying, fumigating, or trapping.
"Family" means the heads of household plus the following persons who are related to the heads of the household: parents and children, grandparents and grandchildren, brothers and sisters, aunts and uncles, nephews and nieces, first cousins, the children of first cousins, great grandchildren, great grandparents, great great grandchildren, great great grandparents, grandnieces, grandnephews, great aunts, and great uncles. These relationships may be of the whole or half blood, by adoption, guardianship, including foster children, or through a marriage or a domestic partnership meeting the requirements of chapter 12-4, "Domestic Partners," B.R.C. 1981, to a person with such a relationship with the heads of household.
"Final construction acceptance" means the city's acceptance of public improvements and appurtenances thereto constructed or installed by the developer or subdivider at the end of the prescribed warranty period on such improvements and after correction of any deficiencies discovered in the final inspection of such improvements.
"Firearm" means any handgun, automatic revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.
"Firefighter" means any person commissioned as such under the provisions of section 2-5-4, "Identification Card For Firefighters," B.R.C. 1981, and any member of another fire department who is acting under the direction of the City of Boulder Fire Department and is identifiable as a firefighter.
"Food" means any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
"Frontage, building" means the horizontal, linear dimension of that side of a building that abuts a street, a parking area, a mall, or other circulation area open to the general public and that has either the primary window display of the enterprise or the primary public entrance to the building; in industrial districts, the building side with the primary entrance open to employees is the building frontage; where more than one use occupies a building, each such use having a primary window display or a primary public entrance for its exclusive use is considered to have its own building frontage, which is the front width of the portion of the building frontage occupied by that use.
"Frontage, street" means the linear frontage of a lot or parcel abutting a private or public street that provides principal access to or visibility of the premises.
"Garbage" means putrescible animal or vegetable waste resulting from the preparation, cooking, and serving of food or the storage or sale of produce.
"Garbage container" means a metal or other non-absorbent container equipped with a tightly fitting metal or non-absorbent lid or sealed plastic garbage bags, but does not include incinerators or ash pits.
"General circulation" means delivered to a substantial number of residences in the city and also otherwise made available for purchase or distribution.
"Grade" means the average of the finished ground level at the center of all walls of a building. When walls are parallel to and within five feet of a sidewalk, "grade" means the sidewalk level.
"Habitable room" means a room or enclosed floor space used, intended to be used, or designed to be used for living, sleeping, eating, or cooking and excludes bathrooms, toilet compartments, closets, halls, and storage places.
"Heads of the household" means one person or up to two persons who are married or are domestic partners meeting the requirements of chapter 12-4, "Domestic Partners," B.R.C. 1981.
"Height of a sign," "high," or "in height" mean the vertical distance measured from the elevation of the nearest sidewalk, or, if there is no sidewalk within twenty-five feet, from the lowest point of the finished grade on the lot upon which the sign is located and within twenty-five feet of the sign, to the uppermost point on the sign or the sign structure, whichever is higher.
"Hereafter" means any time after the effective date of this code.
"Heretofore" means any time previous to the effective date of this code.
"Holiday" means New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Colorado Day, Thanksgiving Day, Christmas Day, and such additional entire days declared as holidays by city ordinance.
"Hotel" means an establishment that offers temporary lodging, for less than one month, in rooms and that may provide meals, entertainment, and various personal services for the public but excludes a "bed and breakfast" as defined in section 9-16-1, "General Definitions," B.R.C. 1981.
"Hotel room," "motel room," or "other accommodation" means any room or other accommodation in any hotel, apartment-hotel, motel, guest house, trailer court, or any such similar place to any person who for a consideration uses, possesses, or has the right to use or possess such room or other accommodation for a total continuous duration of less than one month.
"Housing" means any building, structure, vacant land, or part thereof during the period it is advertised, listed, or offered for sale, lease, rent, or transfer of ownership, except that transfer does not include transfer of property by will or gift.
"Incarcerate" means the restraint of a person authorized by chapter 2-6, "Courts and Confinements," B.R.C. 1981, in lieu of immediate release on summons and complaint, and "for custodial arrest" includes transportation to a detention facility, booking, and lodging in a detention facility. The term also means lodging in a detention facility under a sentence imposed by the municipal court.
"Income" means the gross amount of money received during the year by an individual or family.
"Infestation" means the presence of insects, rodents, vermin, or other pests of a kind or in a quantity that endanger health within or around a dwelling.
"Inoperable motor vehicle" means any motor vehicle that does not have a current license plate and a validation sticker lawfully affixed thereto or that is apparently inoperable due to being wrecked, dismantled, or partially dismantled, or having essential parts missing.
"Intentionally" or "with intent" means that one's conscious objective is to cause the specific result proscribed by the provision of this code or the ordinance defining the violation. All violations defined in this code in which the mental culpability requirement is expressed as "intentionally" or "with intent" are specific intent offenses. It is immaterial to the issue of specific intent whether or not the result actually occurred.
"Interested person" means any person described as "interested" by city charter, ordinance, or code or state or federal constitution or law, any person having a legally protected interest under city charter, ordinance, or code or state or federal constitution or law that is subject to potential injury in fact due to proposed final agency action, or any person having a right of appeal therefrom by virtue of a specific provision of city charter, ordinance, or code or state or federal constitution or law. "Interested person" may include a city agency.
"Intersection" means the area embraced within the prolongation or connection of the lateral curblines of two streets that join one another at, or approximately at, right angles or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict, whether or not one such street crosses the other, but the term does not include the junction of any alley with a street. If a street includes two roadways thirty feet or more apart, every crossing of each roadway of such divided street by an intersecting street is a separate intersection. If such intersecting street also includes two roadways thirty feet or more apart, every crossing of such streets is a separate intersection. The farthest applicable points shall be used when measuring.
"Judge" means any judge of the municipal court.
"Keeper" means a person who has custodial or supervisory authority or control over an animal.
"Kiosk" means a freestanding structure located within a pedestrian circulation area used for posting of notices or advertisement of goods.
"Kitchen" means any part of a room or dwelling unit that can be used for the preparation of food that includes one or more of the following: a refrigerator, cooking device, food storage cabinet, kitchen sink, or dishwasher.
"Knowingly" or "willfully" means, with respect to conduct or to a circumstance described by a section of this code or an ordinance defining a violation, that a person is aware that such person's conduct is of that nature or that the circumstance exists. With respect to a result, this means that a person is aware that such person's conduct is practically certain to cause the result. All violations defined in this code in which the mental culpability requirement is expressed as "knowingly" or "willfully" are general intent offenses.
"Law" means any regulation, ordinance, provision of this code, or charter provision of the city; any rule, statute, or constitutional provision of the state which is binding on a home rule city; or any regulation, statute, or constitutional provision of the United States which is binding on the state or its cities.
"Lot" means a portion or parcel of land, including a portion of a platted subdivision, occupied or intended to be occupied by a building or use and its accessories, together with the yards required under the provisions of the zoning chapter of this code, which is an integral unit of land held under unified ownership in fee or co-tenancy or under legal control tantamount to such ownership.
"Mall" means the Boulder downtown pedestrian mall established by Ordinance No. 4022 (2-18-1975).6
"May" means is authorized to.
"Mobile home" means a transportable, single-family dwelling unit, suitable for year-round occupancy that contains the same water supply, waste disposal, and electrical conveniences as immobile housing, but that has no foundation other than wheels or removable jacks for conveyance on highways, and that may be transported to a site as one or more modules, but the term does not include "travel trailers," "campers," "camper buses," "motor homes," or modular homes designed to be placed on a foundation.
"Mobile home park" means any lot or tract of land designed, used, or intended to provide a location or accommodation for one or more mobile homes and upon which any mobile home or homes are parked or located, whether or not the lot or tract or any part thereof is held or operated for profit, but the term excludes automobile or mobile home sales lots on which mobile homes are parked only for inspection and sale.
"Mobile home space" means a plot of ground within a mobile home park designed for the accommodation of one mobile home and its accessory structures.
"Month" means a calendar month.
"Motel" means a hotel that is arranged in such a manner that individual guest rooms are directly accessible from an automobile parking area.
"Motor home" means a motor vehicle containing cooking or sleeping facilities and designed as temporary living quarters for recreational camping or travel use and includes, without limitation, vehicles designated as "camper buses" and those that may have been originally designed for use as vans or buses but that have been converted to use as living quarters.
"Motor vehicle" means any self-propelled vehicle other than a moped.
"Multi-unit dwelling" means a building used by two or more of the following groups of persons living independently of each other in separate dwelling units but not including motels, hotels, and resorts:
(1) The members of a family plus one or two roomers. The quarters the roomers use shall not exceed one-third of the total floor area of the dwelling unit and shall not be a separate dwelling unit;
(2) Up to three individuals in RR-1, RR-2, RE, and RL zones;
(3) Up to eight persons sixty years of age or older in RR-1, RR-2, RE, and RL zones;
(4) Up to four individuals in RM, RMX, MU-1, MU-2, MU-3, RH-1, RH-2, RH-3, RH-4, RH-5, BT, BC, DT-1, DT-2, DT-3, DT-4, DT-5, IS, IG, IM, IMS, BMS, and BR zones; or
(5) Two individuals and any of their children by blood, marriage, guardianship, including foster children, or adoption.
"Municipal court" means the police magistrate's court or police court prescribed by charter sections 86 and 87 and described in Colorado Constitution Article XX, sections 6(b) and (c).
"Negligently" means to act with negligence with respect to a result or to a circumstance described by a section of this code by failing to exercise the degree of care that would be exercised by the ordinarily reasonable and prudent inhabitant of the city under the same or similar circumstances.
"Newspaper" means a publication, having been in existence for at least six months, regularly printed and distributed no less than once a week, that contains news, opinions, advertisements, and other items of general interest.
"Notice or legal notice" means any requirement for informing a person or persons, a segment of the public, or the public generally. A notice required to be published may be published in any newspaper of general circulation unless otherwise required by the charter, this code, or an ordinance of the city.
"Oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" are equivalent to the words "affirm" and "affirmed."
"Occupant" means any person living in, sleeping, possessing, or otherwise using any land, building, or part thereof.
"Open space land" means any interest in real property purchased or leased with the sales and use tax pledged to the open space fund pursuant to the vote of the electorate on November 7, 1967, November 7, 1989, and November 4, 1997, or proceeds thereof, any interest in real property dedicated to the city for open space purposes, and any interest in real property that is ever placed under the direction, supervision, or control of the department of open space and mountain parks, unless disposed of as expressly provided in charter section 177 and subsection 2-3-9(e), B.R.C. 1981.
"Owner" means a person as defined by this code, who, alone, jointly or severally with others, or in a representative capacity (including, without limitation, an authorized agent, executor, or trustee) has legal or equitable title to any property in question.
"Pay station" has the meaning given in section 7-1-1, "Definitions," B.R.C. 1981.
"Peace officer" means any police officer or city code enforcement officer.
"Person" means a natural person, corporation, firm, partnership, association, organization, and any other group acting as a unit as well as individuals. It also includes an executor, administrator, trustee, receiver, or other representative appointed according to law. Whenever the word "person" is used in any provision of this code prescribing a penalty or fine as to partnership or associations, the word includes the partners or members thereof, and as to corporations, includes the officers, agents, or members thereof who are responsible for any violation of such section. "Person" includes the plural as well as the singular.
"Place of accommodation" means any place of business engaged in any sales to the general public and any place that offers services, facilities, privileges, or advantages to the general public or that receives financial support through solicitation of the general public or through governmental subsidy of any kind.
"Place or event open to the public" means any place or event, the admission or access to which is open to members of the public upon payment of a charge or fee. This term includes, without limitation, the following places and events when a charge or fee for admission to such places and events is imposed upon members of the public:
(1) Any performance of a motion picture, stage show, play, concert, or other manifestation of the performing arts;
(2) Any sporting or athletic contest, exhibition, or event whether amateur or professional;
(3) Any lecture, rally, speech, or dissertation;
(4) Any showing, display, or exhibition of any type, such as an art exhibition; and
(5) Any restaurant, tavern, lounge, bar, or club, whether the admission is called a "cover charge," "door charge," or any other such term.
"Police officer" means:
(1) Any city police officer commissioned by the city manager;
(2) Any person appointed by the city manager pursuant to charter section 72;
(3) Any peace officer of another jurisdiction who is also commissioned by the city manager to enforce the laws of the city;
(4) Any city park patrol officer commissioned by the city manager;
(5) Any city fire chief or fire marshal or firefighter commissioned by the city manager; and
(6) Any other city employee designated by the city manager to exercise police powers including the power of arrest and commissioned by the city manager.
"Possessor" of real property means a person not the owner of the property who is in control of the property and is responsible as lessee, caretaker, or otherwise for its care and upkeep.
"Preceding" and "following" mean next before and next after, respectively.
"Preliminary construction acceptance" means the city's acceptance of the developer's or subdivider's construction, installation, and testing of public improvements and appurtenances thereto as conforming with city standards and defines the date on which the warranty period on such improvements commences.
"Premises" of the owner or keeper of an animal means only that property over which the owner or keeper has full possession and control. The unenclosed property of a condominium or townhouse or the common passageway, parking facility, or unenclosed common yard of an apartment building or shopping center are not premises of an owner or keeper.
"Primary," "Primarily," "Principal," or "Principally" means more than half, if used in a quantifiable context, and first in rank, importance, or value, if used in a context where ranking is possible but quantification is not.
"Property" means real, tangible, and intangible personal property.
"Proximate cause" means that which, in natural and continuous sequence, unbroken by an efficient, intervening cause, produced the result complained of and without which the result would not have occurred.
"Public authority" means the City of Boulder, State of Colorado, or the United States, any of their agencies or instrumentalities, and any body or official thereof possessing power or authority delegated by the public authority.
"Public right-of-way" means the entire area between property boundaries which is: owned by a government, dedicated to public use, or impressed with an easement for public use; primarily used for pedestrian or vehicular travel; and publicly maintained, in whole or in part, for such use. "Right-of-way" includes, without limitation, the public street, shoulder, gutter, curb, sidewalk, sidewalk area, parking or parking strip, and any other public way.
"Public way" means any street, alley, boulevard, parkway, highway, sidewalk, or other public thoroughfare.
"Quorum" means a majority of the number of members of a public body fixed by the charter, this code, another ordinance of the city, or a statute.
"Rat harborage" means any plant growth, object, or structure that provides rats with shelter from the weather, protection from predators, or sites for nest building and rearing of young.
"Real property," "premises," "real estate" or "lands" means lands, tenements, and hereditaments.
"Rental property" means all dwellings, dwelling units, and rooming units located within the city and rented or leased for any valuable consideration, but the term excludes dwellings owned by the federal government or the State of Colorado or any of their agencies or political subdivisions and facilities licensed by the State of Colorado as health care facilities.
"Roadway" means that portion of a street from curb to curb improved, designed, or ordinarily used for vehicular travel. If a street includes two or more separate roadways, "roadway" refers to any such roadway separately, but not to all such roadways collectively.
"Rodent" means members of the order Rodentia, including, without limitation, rats and mice in the family Muridae, any other introduced rodents, and various native species such as field mice, voles, wood rats, ground and tree squirrels, chipmunks, and prairie dogs.
"Roof" means the cover of any building, including the eaves and similar projections.
"Roof line" means the highest point on any building where an exterior wall encloses usable floor space (including roof areas for housing mechanical equipment) and the highest point on any parapet wall if the parapet wall extends around the entire perimeter of the building.
"Rooming house" means an establishment where, for direct or indirect compensation, lodging, with or without kitchen facilities or meals, is offered for one month or more for three or more roomers not related to the family of the heads of the household.
"Rooming unit" means a type of housing accommodation that consists of a room or group of rooms for a roomer, arranged primarily for sleeping and study, and that may include a private bath but does not include a sink or any cooking device.
"Rubble" means large brush wood, large cardboard boxes or parts thereof, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires, junked motor vehicle bodies or parts thereof, scrap metal, bed springs, water heaters, discarded furniture, and all other household goods or items, demolition materials, used lumber and other discarded or stored objects three feet or more in length, width, or breadth.
"Runoff coefficient" means the percentage of runoff from the parcel produced by a five-year storm according to the City of Boulder Design and Construction Standards.
"Safe," "safely," and "in safety" mean:
(1) Without hazard to person or property;
(2) Without in any way interfering with, impeding, hindering, obstructing, or taking the right-of-way from any other vehicle or pedestrian;
(3) In an attentive, careful, and prudent manner; and
(4) At a speed such that recovery from errors in judgment is possible.
"Shall" means is required to.
"Sidewalk" means that portion of the sidewalk area paved or otherwise improved, designed, or ordinarily used for pedestrians and every such walk parallel and adjacent to a roadway.
"Sidewalk area" means the area between the curb of a street and the adjacent property lines.
"Sign" means any writing, pictorial representation, illustration, decoration (including any material used to differentiate sign copy from its background), landscaping, form, emblem, symbol, trademark, banner, flag, pennant, captive balloon, streamer, spinner, ribbon, sculpture, statue, or any other figure of similar character that:
(1) Is a structure or any part thereof (including the roof or wall of a building); or
(2) Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into landscaping or a structure or a board, plate, canopy, awning, marquee, or vehicle, or upon any material object or device whatsoever; and
(3) By reason of its form, color, wording, symbol, design, illumination, or motion, attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, or announcement or political or artistic expression or decoration; but
(4) Landscaping constitutes a sign only to the extent that it is planted, trimmed, graded, arranged, or installed in such a manner as to convey an explicit commercial message.
"Signature" means the name written in proper handwriting of such person or his or her mark.
"Single-unit dwelling" means a detached principal building other than a mobile home, designed for or used as a dwelling exclusively by one group of the following persons as an independent living unit:
(1) The members of a family plus one or two roomers. The quarters the roomers use shall not exceed one-third of the total floor area of the dwelling unit and shall not be a separate dwelling unit;
(2) Up to three individuals in RR-1, RR-2, RE, and RL zones;
(3) Up to eight persons sixty years of age or older in RR-1, RR-2, MU-2, RE, and RL zones;
(4) Up to four individuals in RM, RMX, MU-1, MU-2, MU-3, RH-1, RH-2, RH-3, RH-4, RH-5, BT, BC, DT-1, DT-2, DT-3, DT-4, DT-5, IS, IG, IM, IMS, BMS, and BR zones; or
(5) Two individuals and any of their children by blood, marriage, guardianship, including foster children, or adoption.
"Sound condition" and "good repair" mean freedom from defects that would endanger the health, safety, and welfare of the occupants of the structure.
"Specific defense" means a defense in which the defendant, to raise the issue, presents some credible evidence on that issue, unless the city's evidence raises the issue involving the defense. If the issue involved in the specific defense is raised, it may be submitted to the trier of fact along with other issues, but the defendant bears the burden of proving the issue by a preponderance of the evidence, although the city must prove all other issues by proof beyond a reasonable doubt in any criminal action.
"Stairway" means all stairwells and includes stair stringers, risers, treads, handrails, banisters, and vertical and horizontal supports.
"State," "the state," or "this state" means the State of Colorado.
"Storm water" means any flow occurring during or following any form of normal precipitation and resulting therefrom.
"Street" means the entire width between the property boundary line of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and includes, without limitation, alleys, or the entire width of every way declared to be a public highway by any law.
"Structure" means any thing constructed or erected with a fixed location on the ground above grade, but the term does not include poles, lines, cables, or other transmission or distribution facilities of public utilities.
"State highway" means a street designated as part of the state highway system under the provisions of section 43-2-134, C.R.S., as amended. Designation of the street as a state highway on any map published by the state or the city or marked as such by signs is prima facie evidence of such designation.
"Subdivider" means any person who participates in any manner in the dividing of land for the purpose, immediate or future, of sale or building development.
"Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or building development for residential, industrial, commercial, or other use, but the term excludes any transaction that is exempt from subdivision regulation under chapter 9-12, "Subdivision," B.R.C. 1981.
"Temporary housing" means any mobile home, camper, or other structure used for human shelter that is designed to be transportable and is not attached to the ground, to another structure, or to any utilities system.
"Tenant" - see definition of "occupant."
"Time" means, whenever certain hours are named in this code or on any traffic control sign or parking meter, Mountain Standard Time or mountain daylight time, depending on the date, as prescribed by state law. Mountain Standard Time is Coordinated Universal Time minus seven hours. Mountain daylight time is Coordinated Universal Time minus six hours.
"Townhouse" means a multi-unit dwelling in which the ownership of each dwelling unit consists of a separate fee simple estate on an individually platted lot, together with an undivided fee simple interest in the common elements, if any.
"Townhouse unit" means that part of a townhouse constituting a single dwelling unit.
"Traffic" means pedestrians, ridden or herded animals, and vehicles, either singly or together, while using any street for purposes of travel.
"Traffic control sign" means a sign on, above, or adjacent to a street placed by a public authority to regulate, warn, or guide traffic.
"Traffic control signal" means a device on, above, or adjacent to a street placed by a public authority by which traffic is alternately directed to proceed and stop by means of the display of colored lights or symbols.
"Traffic engineer" means the city manager, any city employee designated by the manager to act as traffic engineer or assistant traffic engineer, and the supervisors of any person so designated.
"Travel trailer" means a portable structure, mounted on wheels and designed to be towed by a motor vehicle, which contains cooking or sleeping facilities to provide temporary living quarters for recreational camping or travel.
"University Hill General Improvement District" or "UHGID" means the City of Boulder University Hill General Improvement District established by Ordinance Number 3638, as subsequently amended.
"Vehicle" means any device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks, but the term excludes devices used exclusively upon stationary rails or tracks.
"Week" means any seven consecutive days.
"Willingly" - see definition of "knowingly."
"Writing" and "written" means printing, handwriting, lithography or any other physical mode of representing words and letters.
"Year" means a calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord."
Ordinance Nos. 4803 (1984); 4879 (1985); 4969 (1986); 5039 (1987); 5085 (1987); 5106 (1988); 5182 (1989); 5186 (1989); 5187 (1989); 5190 (1989); 5270 (1990); 5681 (1994); 5805 (1996); 5930 (1997); 5986 (1998); 7182 (2002); 7291 (2003); 7294 (2003); 7304 (2003); 7416 (2005); 7522 (2007); 7572 (2007); 7579 (2008)
4 Adopted by Ordinance No. 4777. Derived from Ordinance Nos. 3838, 4491.
5 Ordinance Nos. 3920, 4060, 4103, 4152, 4218, 4349, 5054, and CAGID Resolutions 37 and 45.
6 Ordinance 4022 generally describes the mall as Pearl Street from the east curb line of 11th Street to the west curb line of 15th Street, less the area between the curb lines of Broadway, 13th, and 14th Streets.