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Chapter 5-4: Offenses Against Property1

5-4-1.  Damaging Property of Another. Go to the top

(a)  No person shall knowingly damage the real or personal property of another.

(b)  This section does not apply where the damage in the course of a single criminal episode is $500 or more, is effected by means of fire or explosives, or is otherwise feloniously caused.

Ordinance Nos. 5039 (1987); 7129 (2001)

5-4-2.  Damaging Public Property. Go to the top

(a) No person shall damage, move, remove, destroy, drill a hole in, dig, or injure in any manner whatsoever any grass, tree, shrub, plant, flower, soil, rock, or other natural object, railing, bridge, culvert, sign, building, equipment, bolt, archeological, historic, or cultural object or any other property whatsoever belonging to the city or under the possession and control of the city, unless done pursuant to a written permit or contract from the city manager.

(b)  This section does not apply where damage knowingly caused in the course of a single criminal episode is $500 or more, is effected by means of fire or explosives or is otherwise feloniously caused.

Ordinance Nos. 5389 (1991); 7129 (2001)

5-4-3.  Trespass. Go to the top

No person shall:

(a)  Enter or remain upon land or premises other than a dwelling of another in defiance of a legal request or order by the owner or some other authorized person; or

(b)  Enter into or upon land or a building other than a dwelling that is posted, locked, or otherwise fenced or enclosed in such a manner that a reasonably prudent person would understand that the owner does not want any such person on the land or in the building.

5-4-4.  Trespass to a Motor Vehicle. Go to the top

No person shall enter any motor vehicle of another without permission of the owner. It is a specific defense to a charge under this section that the defendant had permission of the owner's agent for the entry, that the entry was for a brief period of time to secure the vehicle from harm, or was directed or authorized by a public official. This section does not apply where the entry was made with the intent to steal anything of value or where the vehicle was parked on the property of the defendant or of the defendant's principal.

5-4-5.  Trespass on Public Buildings. Go to the top

(a)  No person shall climb on any building or other structure belonging to the city or under the possession and control of the city or any portion thereof not designed for such activity, or on any shrub or tree growing on the mall.

(b)  No person shall attach or secure any object to mall property not specifically designed for such purpose without first obtaining authorization from the city manager.

(c)  No person shall climb on any structure on the mall belonging to the city or under the possession and control of the city or any portion thereof not specifically designed for such purpose without first obtaining authorization from the city manager.

Ordinance No. 4922 (1985)

5-4-6.  Trespass on Public Property. Go to the top

No person shall enter any property belonging to the city or under the possession and control of the city that is fenced or otherwise enclosed in a manner designed to exclude intruders or is posted with signs at intervals of not more than four hundred forty yards that forbid entry.

5-4-7.  Grazing on Public Property. Go to the top

No person shall knowingly cause or permit any domesticated animal that such person owns, possesses, or controls, including, without limitation, cows, goats, llamas, burros, mules, horses, pigs, or sheep, to graze, pasture, or run at large, or to be driven or herded within any property belonging to the city or under the possession and control of the city, except pursuant to a written permit from the city manager.

Ordinance Nos. 7831 (2012); 7965 (2014)

5-4-8.  Rolling or Throwing Rocks on Public Property. Go to the top

No person shall roll, throw, or otherwise move any rocks or boulders on any public property. But this section does not apply to city employees acting within the scope of their employment.

Ordinance No. 7831 (2012); 7965 (2014)

5-4-9.  Unauthorized Research Projects. Go to the top

No person shall conduct any research project that includes marking, tagging, sampling, trapping, or removing any soil, rock, fossil, tree, shrub, plant, flower, or wildlife or that includes the construction of a physical grid in or on any property belonging to the city or under the possession and control of the city, except pursuant to a written permit from the city manager.

Ordinance Nos. 7831 (2012); 7965 (2014)

5-4-10.  Fires on Public Property. Go to the top

No person shall start or maintain or cause to be started or maintained any fire on any public property, park, parkway recreation area, open space, street, or public way, unless confined within a fire pit permanently erected by the city for such purpose. No person shall place, erect, build, or construct a fireplace, stove, or other fire container in any public property, park, parkway, recreation area, open space, or public way, except pursuant to a written permit from the city manager. For purposes of this section, public property means property belonging to the city or under the possession and control of the city.

Ordinance No. 5187 (1989)

5-4-11.  Polluting Streams. Go to the top

No person shall wash dishes, empty waste liquids, or in any other manner pollute the water of any fountain, pond, lake, stream, or ditch on property belonging to the city or under the possession and control of the city.

5-4-12.  Depositing Trash on Property in Violation of Sign. Go to the top

(a) No person shall deposit or cause to be deposited any trash, refuse, garbage, or rubble in any receptacle designated or designed for the deposit of such materials without the express or implied consent of the owner or a person in possession and control of the property on which the receptacle is located.

(b) For purposes of this section, there is no such consent when the deposit contravenes a sign that is posted on or near the receptacle, has a minimum area of one-half square foot, contains at least one-inch lettering, clearly indicates the limitation, and is located so that it can be seen by an ordinarily observant person.

(c) Nothing in this section shall be construed to exempt a person posting a sign from complying with the sign code, Section 9-9-21, "Signs," B.R.C. 1981.

Ordinance Nos. 7831 (2012); 7965 (2014)

5-4-13.  Littering. Go to the top

(a)  No person shall deposit, leave, dump, or cause to be deposited, left, or dumped any trash, refuse, garbage, or rubble on any public or private property other than within those containers specifically designated for the deposit of such materials.

(b)  No driver of any vehicle, other than a vehicle carrying passengers for hire, shall fail to prevent any passenger in the driver's vehicle from violating Subsection (a) of this section.

(c)  No owner of any private real property, no resident manager, local agent of any real property appointed by the owner pursuant to Section 10-3-14, "Local Agent Required," B.R.C. 1981,as shown in the records of the city, and no private tenant of any real property shall fail to prevent any trash, refuse, garbage, or rubble which had been deposited, left, or dumped outdoors upon such real property from being moved, whether by wind, water, animals, or any other cause, onto the property of another. It is a specific defense to a charge of violating this subsection that the trash, refuse, garbage, or rubble was placed upon the responsible person's property by persons who did not have implied or express permission to be on that property, and that the responsible person did not have a reasonable time to clean it up. This subsection does not apply to material subsequently moved onto property with the express prior permission of the owner of the recipient property.

(d) No person shall deposit, leave, dump, or cause to be deposited, left, or dumped any trash, refuse, garbage, or rubble in any designated container in any city park, recreation area, or open space unless such material originated from any lawful activity in such area.

(e) It is a specific defense to a violation of Subsection (a) of this section that the owner of private property gave the defendant permission to perform the acts proscribed in this section.

(f)  This section does not apply to the distribution of literature on private property in the exercise of First Amendment rights under the United States Constitution when such literature is placed in reasonable quantities at reasonable locations designed to reach the attention of the occupant of the property.

(g)  This section does not apply to deposit of hazardous wastes in violation of 18-13-112, C.R.S.

Ordinance Nos. 5660 (1994); 7831 (2012); 7965 (2014)

5-4-14.  Graffiti Prohibited. Go to the top

(a)  Graffiti A Nuisance: Graffiti is hereby determined to be a nuisance because its continued existence constitutes a visual blight upon the area in which it is located and acts as a catalyst for other antisocial behavior. Prompt removal is the greatest disincentive to graffiti and minimizes the blight and related effects created by graffiti.

(b)  Graffiti Defined: Graffiti means the intentional painting, scratching, or coloring (with any contrast medium whatsoever) of any public or private property except by permission of the owner of private property, the city manager, in the case of city property, or the supervisory officer of any other public property.

(c)  Graffiti Prohibited: No person shall place graffiti upon any property.

(d)  Obligation of Owner of Commercial Property to Remove Graffiti: No person owning any vacant land or any structure or personal property (including, without limitation, dumpsters) used for commercial or industrial purposes or any rental housing shall fail to remove graffiti from such property within three working days of the time such person knows, or reasonably should have known, either directly or through such owner's agents, of such graffiti.

(e)  Authority of City to Enter and Remove Graffiti From Any Property:

(1)  The city manager may enter onto private property and remove or paint over graffiti, if the manager first attempts to notify the affected property owner and provide such property owner with an opportunity to eradicate the graffiti. Such notice must be given or mailed no later than seventy-two hours prior to removing or painting over the graffiti.

(2)  If a property owner does not eradicate the graffiti, or make arrangements satisfactory to the city manager for the eradication of such graffiti, within three working days of actual notice or mailed notice, the city manager may enter and remove or paint over the graffiti. If, prior to such entry, the city manager determines that entry onto the property is opposed by the property owner or will be technically difficult or if the city manager wishes to clarify the appropriate nature and conditions of entry upon the land, the city manager may submit an affidavit to the municipal court in support of a request for an administrative warrant to authorize entry upon the property to remove graffiti. Such affidavit shall set forth probable cause to believe that graffiti exists on the property and shall specify that the owner of the property has not eradicated the graffiti following notice to do so. Upon receipt of such affidavit and determination of probable cause, the municipal court shall issue a warrant authorizing the manager or the manager's agents to enter upon the property as needed to eradicate graffiti.

(3)  If, pursuant to the provisions of this subsection, the city manager removes graffiti from private property by painting over it, the manager shall not be required to use paint that matches preexisting paint in color or kind. In this regard, it is legislatively determined that the eradication of graffiti with contrasting paint does not damage private property more than does the continued presence of such graffiti on that property.

(4)  No graffiti removal by the city manager authorized by this subsection shall, without property owner permission, extend to areas not visible to the public.

(5)  Nothing in this section shall impose a duty upon the city manager to remove or eradicate graffiti. Nothing in this section shall prevent the manager from giving additional notice to agents of the property owner, should it appear to the manager that such extra notice is likely to produce prompt removal of the graffiti.

(f) Reimbursement to City for Removal of Graffiti: Any person required by Subsection (d) of this section to remove graffiti who fails to remove the graffiti may be charged the reasonable costs of such removal by the city manager if the city removes it pursuant to Subsection (e) of this section. However, reimbursement of city expenses for graffiti removal shall not be required unless the following procedures are used:

(1)  Notice of the obligation to remove graffiti, and of the possibility that reimbursement may be sought if the city manager removes the graffiti, shall be provided to the owner of the property upon which the graffiti is located personally or by the deposit of such notice in the United States mail, postage prepaid, and addressed to the owner thereof at the owner's address as the same appears on the most recent assessment roll of the Boulder County Assessor.

(2)  In the event that a notice to remove is also given to the person in possession or control of the property, such notice shall be provided in the manner specified in this subsection with respect to giving notice to the owner of the property, and may be addressed to "occupant" or "to whom it may concern," if the name of such person is not known.

(3)  Upon removal of graffiti by the city after the notice required by this subsection, if the city manager determines to seek reimbursement the manager shall deliver a demand for reimbursement to the owner of the property detailing:

(A)  The reason that the removal was required;

(B)  The date upon which the removal was accomplished; and

(C)  The cost of doing such work.

The demand for reimbursement for the costs of graffiti removal shall be provided to the owner of the property upon which the graffiti was located personally or by the deposit of such demand in the United States mail, postage prepaid, and addressed to the owner thereof at the owner's address as the same appears on the most recent assessment roll of the Boulder County Assessor.

(4)  The owner of any property from which graffiti has been removed and who has received a demand for reimbursement pursuant to this section shall make such payment within forty-five days of date upon which the demand was deposited into the United States mail, or if it is shorter, within thirty days of the date upon which such owner received personal service of such report and demand. However, the city manager may enter into an agreement with a property owner for payment to be made on some other mutually agreed date or schedule.

(5)  The owner of any property upon whom a demand for reimbursement has been made under this subsection may challenge the requirement of reimbursement or the amount demanded, or both, pursuant to the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. However, a demand for such a quasi-judicial hearing must be made within forty-five days of date upon which the demand for reimbursement was deposited into the United States mail, or, if it is shorter, within thirty days of that date upon which such owner received personal service of such a demand.

(6)  If any person fails or refuses to pay when due any charge for reimbursement imposed under this section, the city manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Boulder County Treasurer for collection as provided by Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.

Ordinance Nos. 5186 (1989); 7146 (2001)

5-4-15.  Posting Signs on Property of Another Prohibited. Go to the top

(a)  No person shall post a sign in the public right of way or on any other public property except on a kiosk or public bulletin board meant solely for posting signs. No beneficiary of any such sign shall fail to prevent the violation of this section. This prohibition does not extend to persons employed or authorized by the public property's owner and acting within the scope of their employment or authority.

(b)  No person shall post a sign on private property without the express permission of the owner thereof. This prohibition does not extend to communications intended solely for the owner or occupant of the private property whose posting does not damage that property nor require a trespass.

(c)  For the purposes of this section:

"Beneficiary of a sign" means a person who is the intended recipient of the benefit brought about by the posting of a sign in the downtown DT zone and in that portion of the P zone adjacent thereto, or in the University Hill BC-2 zone adjacent to Broadway and College, and includes, without limitation, any business whose premises are specified in such sign.

"Kiosk" means a freestanding structure located within a pedestrian circulation area used for posting of notices or advertisement of goods.

"Post" means to affix in any manner, including, without limitation, nailing, tacking, taping, tying, gluing, pasting, painting, staking, marking, or writing.

"Sign" has the meaning given in Section 9-16-1, "General Definitions," B.R.C. 1981.

Ordinance Nos. 6017 (1998); 7522 (2007); 7831 (2012); 7965 (2014)

5-4-16.  Outdoor Furniture Restriction. Go to the top

(a)  No person shall place, use, keep, store, or maintain any upholstered furniture not manufactured for outdoor use, including, without limitation, upholstered chairs, upholstered couches, and mattresses, in any outside areas located in the following places:

(1)  In any front yard;

(2)  In any side yard;

(3)  In any rear yard or other yard that is adjacent to a public street. However, an alley shall not be considered a "public street" for the purpose of this subsection; or

(4)  On any covered or uncovered porch located in or adjacent to any of the yards described in Paragraphs (a)(1) through (a)(3) of this section.

(b)  The provisions of this section shall apply within the following described area: Those portions of the University Hill neighborhood bordered by Baseline Road on the south, Arapahoe Road on the north, Broadway on the east, and on the west by the western boundary lines of those properties located on the west side of Ninth Street.

(c)  For the purpose of this section, yards are defined as follows:

(1)  The terms "front yard," "rear yard," and "side yard" refer to the open space between buildings and property lines at the front, rear, and sides of a property, respectively.

(2)  A side yard extends the full length of a lot as if a line running along the edge of a building was extended to intersect with the rear property line.

(3)  On a corner lot, the open space adjacent to the shorter street right of way shall be considered the front yard.

(4)  The rear yard is that yard located on the opposite side of the lot from the front yard.

(d)  The interior of any fully enclosed porch (including, without limitation, a porch enclosed by screening material) that cannot be accessed from outside except through a door that can be locked shall not be considered an outside area for the purpose of this section.

(e)  Placement of upholstered furniture on balconies or porches located on the second floor, or any floor above the second floor, of a building is not precluded by the provisions of this section.

(f)  The following shall constitute specific defenses to any alleged violation of this provision:

(1)  That such furniture was placed in an outside location in order to allow it to be moved during a move of a resident or residents or removed as part of a trash or recycling program on a day scheduled for such moving or removal.

(2)  That such furniture was located in a yard other than a front yard and was placed in such a manner that it could not be seen from ground level by a person located on a public right of way (excluding public alleys) and that it was not visible by such a person unless that person took extraordinary steps such as climbing a ladder or peering over a screening fence in order to achieve a point of vantage.

(3)  That such furniture was temporarily placed in an outside location in order that it be offered for sale at a yard or garage sale if each of the following conditions exists:

(A)  The furniture is located in an outside location only during the hours of 8 a.m. and 6 p.m.

(B)  The person attempting to sell the furniture, or that person's agent, is outside during the period of the yard or garage sale in order to monitor the sale.

(C)  A sign is placed on or near the furniture indicating that it is for sale.

(D)  This defense shall not apply if upholstered furniture is located in an outside location for more than two days in any six-month period.

(g)  If the city manager finds that any upholstered furniture exists on any property in violation of this section, the manager may require that the owner and the lessee, agent, occupant, or other person in possession or control of the property correct the violation and bring the property into conformity with this section, using the following procedure:

(1)  The manager shall notify the owner and the lessee, agent, occupant, or other person in possession or control of the property that such persons have seven days from the date of the notice to make such corrections. Notice under this subsection is sufficient if it is deposited in the mail, first class, to the last known owner of the property on the records of the Boulder County Assessor and to the last known address of the lessee, agent, occupant, or person in possession or control of the property.

(2)  If the person notified fails to correct the violation as required by the notice prescribed by Paragraph (g)(1) of this section, the manager may correct the violation by removing and disposing of the upholstered furniture and charge the costs thereof, plus an additional amount of $25 for administrative costs, to the owner and to the lessee, agent, occupant, or other person in possession and control of the property.

(3)  If any property owner fails or refuses to pay when due any charge imposed under this section, the manager may, in addition to taking other collection remedies, certify due and 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 as provided by Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.

Ordinance Nos. 7125 (2002); 7360 (2004)


1 Adopted by Ordinance No. 4611. Amended by Ordinance No. 4730.