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Help & SupportChapter 4-18: Street, Sidewalk, and Public Property Use Permits37
The purpose of this chapter is to regulate activities, such as sale and display of merchandise, on public property, such as streets, sidewalks, and parks, to assure public access to and safe use of the property.
Ordinance No. 5919 (1997)
4-18-2 Sidewalk Sale Permit Required.
(a) No person shall place for sale or for solicitation of orders any merchandise or other things upon any street, alley, sidewalk, or other public property or suspended from any building or structure over the street, sidewalk, or public property without first obtaining a permit from the city manager under this section.
(b) Nothing in this section shall be deemed to waive or supersede the requirement to obtain a license or permit to sell or display goods or merchandise on the Downtown Boulder Mall or University Hill, as required by chapter 4-11, "Mall Permits and Leases," or by section 4-18-4, "University Hill Mobile Vending Cart Permit," B.R.C. 1981.
(c) Before issuing a permit under this section the city manager shall consult with the city fire and police departments and transportation division to determine whether the permit meets all requirements of this code and other ordinances of the city. The manager shall issue such permit upon a finding that, in view of the location or area proposed to be used and the type of business to be carried on, the sales business complies with all other ordinances of the city and would not constitute an obstruction of public property or a health or safety hazard. The city manager may impose reasonable conditions in the permit to assure the use of public property and right-of-way and protect the public health, safety, and welfare. The permittee shall meet all applicable requirements of chapter 3-2, "Sales and Use Tax," B.R.C. 1981.
Ordinance No. 7003 (1999)
4-18-3 Sidewalk Banner or Awning Permit Required.38
(a) No person shall place or cause to be placed any flying flag, banner, sign, fixed awning, canopy, or marquee that projects into any street or sidewalk in the city without first obtaining a permit from the city manager under this section.
(b) Before issuing a permit under this section, the city manager shall consult with the fire and police departments and the zoning, building, and transportation divisions to determine whether the permit meets all requirements of this code and other ordinances of the city. The manager shall issue such permit upon a finding that the placement of the flag, banner, sign, awning, canopy, or marquee complies with all other ordinances of the city and would not constitute a safety hazard or obstruct the use of public property. The city manager may impose reasonable conditions in the permit to assure the use of public property and protect public health, safety, and welfare.
(c) An applicant for a permit under this section shall file evidence of insurance required by section 4-1-8, "Insurance Required," B.R.C. 1981, and shall name the city as an insured party under the required policies of public liability insurance.
4-18-4 University Hill Mobile Vending Cart Permit.
(a) The purpose of this section is to establish special rules for mobile vending carts in the University Hill commercial area of the city so that such carts may be used and be compatible with the special circumstances of the Hill. This section, and not section 4-18-2, "Sidewalk Sale Permit Required," B.R.C. 1981, shall apply to this use.
(b) For the purposes of this section, "Hill" means the area bounded by the south side of University Avenue, the west side of Broadway, the south side of College Avenue, and the alley between 12th Street and 13th Street, and includes the pedestrian underpass at College Avenue.
(c) The city manager may issue as many mobile vending cart permits under this section as the manager deems appropriate, but the manager shall not permit the operation of more than four mobile vending carts on the Hill at the same time. The manager shall select locations which will not interfere with pedestrian or other uses of the Hill sidewalks and will not interfere with access to adjacent private property, and shall specify the location for each cart on its permit.
(d) A mobile vending cart shall remain in operation during the minimum number of retail business hours specified in the permit, as the city manager may specify.
(e) A mobile vending cart shall not exceed a size of four feet in width by ten feet in length, excluding roof overhangs and wheels, by eight feet in height.
(f) A mobile vending cart permit may be issued only if the proposed vending cart will benefit the public or enhance the ambiance of the Hill. The city manager may issue regulations establishing the process for accepting, reviewing, and approving permit and lease applications; the contents of such applications; the specific criteria that will be considered in the review process; and establishing a merit system of review of the applications, which may include, without limitation, design quality of the cart, addition of diversity to products available on the Hill, compatibility with Hill activities, experience of the applicant, financial feasibility, cost and quality of product, and the length of the season during which the product can be marketed. Each applicant shall comply with such requirements. The manager may deny a permit if the proposed use would constitute a physical hazard to the public health, safety, or welfare, or would violate any law. Specific application procedures include:
(1) The city manager shall submit each application for a permit to the advisory board of the University Hill General Improvement District for its recommendation of approval, approval with conditions, or denial of the application.
(2) The city manager, after receiving a recommendation from the advisory board provided in paragraph (f)(1) of this section, shall determine whether each application for a permit meets the purposes and requirements of this section and approve or deny the application.
(3) The city manager may require reasonable proof of authority from any person purporting to sign an application for the use of any person or entity other than the signator.
(4) Each applicant for a permit shall obtain all required building, health, sales tax, or other permits or licenses from all applicable government departments.
(5) The permittee shall prominently display the permit on the cart.
(6) Whenever any permittee desires to change the use or the location of the cart, the permittee shall follow the review and approval process required of a new applicant.
(7) Applications shall be submitted to the city manager no later than June 1 in the year preceding the permit year.
(8) Permit applications shall be made on the form provided by the city manager for the permit sought, and shall contain all the information required by the form, including any required attachments or exhibits. The manager may reject incomplete applications.
(g) No operator of a mobile vending cart shall conduct the operator's primary trade at locations other than those authorized in the permit. But the operator may sell goods in transit upon request. If an authorized location conflicts with a special activity, the city manager may temporarily relocate the vendor. The city manager may also approve permanent changes of location as other locations become available, if two permittees agree in writing to exchange locations, or temporarily on a month-to-month basis during September through May if the city manager has reason to believe that the regular vendor will not be using the location.
(h) A mobile vending cart shall be in operation as required in subsection (c) of this section or the permit will automatically expire.
(i) A permittee is responsible for maintaining the area within and in proximity to the permitted location in a neat, clean, and hazard-free condition, including, without limitation:
(1) Disposing of all trash off-site; and
(2) Storing all mobile vending carts on private property when not in operation.
(j) A mobile vending cart permit is valid for a one-year period, beginning August 1 and ending July 31, with two options to renew for additional one-year periods, upon timely payment of the fee prescribed for mobile vending carts on the mall in section 4-20-11, "Mall License and Permit Fees," B.R.C. 1981. A mobile vending cart permit is not automatically renewable thereafter. A permittee who wishes to continue operating after the expiration of the permit shall follow the application procedures required of a new applicant.
(k) The holder of a mobile vending cart permit shall indemnify and hold harmless the city, its officers, employees, and agents against any and all claims arising from any occurrence occasioned by the permitted use, and shall maintain during the period of the permit comprehensive general public liability and property damage insurance, as prescribed by section 4-1-8, "Insurance Required," B.R.C. 1981, naming the city, its officers, employees, and agents as insureds; providing that the insurance is primary insurance and that no other insurance maintained by the city will be called upon to contribute to a loss covered by the policy; and providing for thirty days' notice of cancellation or material change to the city.
(l) Each cart shall display a sign at least one foot by one foot visible to the public which contains the required dates and hours of operation, the items for sale, and the prices of the items. The sign shall be presented to the city manager for approval before it is used. All items and their prices must be approved by the city manager as part of the application process. The city manager may approve item changes or substitutions upon receiving written application for such change.
(m) A permit issued under the provisions of this section is not automatically transferable or assignable. The city manager shall review a request to transfer or assign a permit or lease as a new application.
(n) Any permit issued hereunder may be revoked by the city manager under the procedures prescribed by section 4-1-10, "Revocation of Licenses," B.R.C. 1981, for a violation of this section, or a breach of a condition in the permit. If a permit is revoked, the permittee may not apply for the same type of permit for one year after the effective date of the revocation.
Ordinance No. 7003 (1999)
4-18-5 Revocable Right-of-Way Permit Required.
Repealed. (Ordinance Nos. 5678 (1994); 5919 (1997); 7003 (1999))
4-18-6 Revocation or Suspension of Permits.
(a) The city manager may suspend or revoke a license issued under this chapter for the grounds and under the procedures prescribed by section 4-1-10, "Revocation of Licenses," B.R.C. 1981.
(b) Whenever the city manager revokes a permit under this chapter and whenever any encroachment or obstruction is made or located contrary to the provisions of this section, the manager shall notify the person who made or located such encroachment or obstruction, or caused or permitted it to be done, or who owns or controls the premises with which such encroachment or obstruction is connected, to remove such encroachment or obstruction within such time that the city manager determines is reasonable under the circumstances.
(c) If the person notified under subsection (b) of this section fails to comply with the order to remove the encroachment or obstruction, the city manager may cause the encroachment or obstruction to be removed and charge the costs thereof plus up to fifteen percent of such costs for administration to the person so notified. If any person fails or refuses to pay when due any charge imposed under this section, the city manager may, in addition to taking other collection remedies, certify due any unpaid charges, including interest, to the Boulder County Treasurer to be levied against the person's property for collection by the county in the same manner as delinquent general taxes upon such property are collected, under the procedures prescribed by section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.
Ordinance No. 7003 (1999)
4-18-7 Animal-Drawn Vehicle Permits.
(a) No person shall operate an animal-drawn vehicle for commercial purposes on any street or for any purpose on a street within the area bounded by and including Mapleton, 30th Street, Arapahoe, and 6th Street except in accordance with the terms of a permit issued in accordance with the provisions of this section.
(b) Upon application, the city manager shall issue an animal-drawn vehicle permit if the manager finds that:
(1) The proposed animals, vehicles, routes, hours, frequency, and other aspects of use of the streets will not unreasonably interfere with the efficient movement of other traffic;
(2) The applicant presents a workable plan for sanitation;
(3) The commercial use applicant presents a workable plan for feeding, sheltering, quartering and stabling, and transporting the animals used that is in compliance with this code and all other applicable law;
(4) The commercial use applicant provides an insurance certificate meeting the requirements of section 4-1-8, "Insurance Required," B.R.C. 1981;
(5) The applicant has paid the permit fee prescribed by section 4-20-36, "Animal-Drawn Vehicle Permit Fees," B.R.C. 1981; and
(6) None of the grounds for denial of a license under section 4-1-9, "Authority to Deny Issuance of Licenses," B.R.C. 1981, exists.
(c) The city manager shall prescribe the form of the application and may require such information as is reasonably necessary to make the required findings. The manager shall place in the permit such restrictions on time, place, and manner as the manager finds are reasonably necessary to meet the requirements of this section. Permittees are in any case restricted to operating within the terms of their own application.
(d) The term of a permit is three months.
(e) After notice and hearing as provided in chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, the city manager may revoke any permit and thereafter for a period of one year refuse to reissue a permit if the manager finds that the permittee has violated any provision of this section, the application, or the permit, or that any ground for revocation under section 4-1-10, "Revocation of Licenses," B.R.C. 1981, exists.
(f) A permittee shall pay, and by its acceptance of a permit specifically agrees to pay, any and all damages or penalties that the city may be legally required to pay as a result of the permittee's operation or maintenance of an animal-drawn vehicle under this section, whether or not the acts or omissions complained of are authorized, allowed, or prohibited by the city.
(g) A permittee shall also pay all expenses incurred by the city in defending itself with regard to any and all damages and penalties mentioned in subsection (f) of this section. These expenses include all out-of-pocket expenses, including reasonable attorneys' fees and the reasonable value of services rendered by any employee of the city.
(h) A permittee shall comply with all applicable health and sanitation laws and regulations of the city, county, and state, and further shall meet at least the following specific sanitation conditions:
(1) All horses, mules, and other animals are equipped with adequate devices to prevent manure and other excrement from falling upon a street. The permittee immediately removes any excrement that falls upon the city streets at the permittee's expense.
(2) All animal waste for disposal is promptly transported to sites or facilities legally empowered to accept it for treatment or disposal.
(i) The penalty for violation of any provision of this section is a fine of not less than $50.00 nor more than $300.00.
Ordinance No. 7003 (1999)
4-18-8 Parking Meter Hood and Sign Permits.39
(a) The city manager may issue revocable permits for the use of meter hoods or meter signs to persons upon application under this section and prepayment of the fees and deposits prescribed by section 4-20-35, "Parking Meter Hood Permit Fees and Deposit," B.R.C. 1981. Meter hoods or meter sign permits may be issued for:
(1) Construction-related activities of any person who in the ordinary course of trade or business is engaged in the servicing, maintenance, construction, reconstruction, remodeling, or repair of buildings and other structures;
(2) Special activities, which are defined as specific tasks within the course of trade, business, or activity which cannot be accomplished without a reserved parking space. Permitted uses include but are not limited to bus loading, mobile medical facilities, funeral vehicles, special events, or wedding vehicles; or
(3) Television, radio, musical, or other media-related events.
(b) A permittee may cover with a hood or attach a sign to a meter only:
(1) Construction meter hoods or meter signs:
(A) For parking a vehicle that is to be used in carrying on the construction-related activities for which the hood was issued;
(B) During such periods of time in which such person is actually and actively engaged in the construction-related activity; and
(C) Within reasonable proximity to the place of service and away from such person's usual place of trade or business.
(2) Special activity meter hoods or meter signs:
(A) For parking a vehicle specified on the permit that is to be used for the special activity;
(B) During such periods of time in which such person is actually and actively engaged in the activity but for no more than nine hours within any twenty-four-hour period; and
(C) Within reasonable proximity to the event location.
(3) Media event meter hoods or meter signs:
(A) For parking a vehicle that is to be used as an ancillary facility for the production of an event that requires cables for sound or video connected directly from the stage, building, or event location to the vehicle; and
(B) During such periods of time in which such person is actually and actively engaged in the event but for no more than nine hours within any twenty-four-hour period.
(c) Permits under this section are valid for the period of time for which they are purchased and expire on the date indicated on the permit. Media event permits are valid for no more than nine hours in any twenty-four-hour period. No more than two media event permits may be issued to any one person in any thirty-day period.
(d) The city manager may place such additional restrictions on eligibility for meter hood and meter sign permits, and may place such additional conditions on the use of such permits, as will, in the manager's opinion, best preserve the balance between keeping metered parking on public streets available to the general public and serve the needs of persons who have no practical alternative in carrying out activities without the capacity to reserve a particular parking space or spaces, and which are reasonable and in the public interest. Such additional restrictions shall be applied evenly to all persons similarly situated.
(e) The city manager may revoke a permit issued under this section for:
(1) Abusing a meter hood or meter sign;
(2) Any use that violates any provision of this section;
(3) Authorizing or acquiescing in the use of a meter hood or meter sign by another person who is not permitted to use a parking meter hood or meter sign;
(4) The use of a meter hood or meter sign without payment of the required fee and deposit; or
(5) Violation of any condition, limitation, or restriction placed on the use of the meter hood by the city manager at the time it is issued.
(f) Before revoking a permit under this section, the city manager shall follow the procedure prescribed by section 4-1-10, "Revocation of Licenses," B.R.C. 1981.
(g) If the city manager revokes a permit under this section, the manager may impound the meter hood or meter sign.
Ordinance Nos. 5920 (1997); 7003 (1999)
Repealed. (Ordinance Nos. 5919 (1997); 7003 (1999))
37 Adopted by Ordinance No. 4637. Amended by Ordinance Nos. 4704, 4709. Derived from Ordinance Nos. 2948, 2977, 3615, 4129, 4233, 4335, 1925 Code.
38 See also section 9-9-21, "Signs," B.R.C. 1981.
39 See section 2-2-8, "Conveyance of City Real Property Interests," B.R.C. 1981.