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Chapter 8-8: Open Space and Mountain Parks Visitor Master Plan Implementation27

8-8-1 Purpose.Go to the top

The purpose of this chapter is to protect the public health, safety, and general welfare by establishing procedures and requirements necessary to implement the Open Space and Mountain Parks Visitor Master Plan.

8-8-2 Habitat Conservation Area Designation.Go to the top

(a) The city manager is authorized to identify and propose areas for restricted public use that would appropriately constitute habitat conservation areas within the City's open space and mountain parks system based upon the criteria set forth in the Open Space and Mountain Parks Visitor Master Plan. The city manager shall seek advice and comments from the Open Space Board of Trustees when developing a proposal.

(b) The city council may order designation of the habitat conservation area or areas by ordinance, subject to such conditions as may be deemed appropriate.

8-8-3 Travel Restricted to Designated Trails in Habitat Conservation Areas.Go to the top

(a) Within any habitat conservation area, no person shall travel or be present on any area off a designated trail.

(1) It is a specific defense to a charge of violation of this section that:

(A) Such travel or presence was necessary for a guardian, owner or keeper to remove the animal excrement of an animal under his or her control; or

(B) Such travel or presence was authorized by an off-trail permit issued by the city manager.

(b) Within any habitat conservation area on a trail posted as a Voice and Sight Control Corridor, no person owning or keeping any dog shall fail to keep the dog within a trail corridor including the designated trail and extending twenty feet to either side of the designated trail.

(c) Unless posted otherwise, within any habitat conservation area no person owning or keeping any dog shall fail to keep the dog on a leash held by a person.

8-8-4 Model Glider Flying.Go to the top

No person shall fly a model glider upon open space and mountain parks properties unless permitted by signs posted in designated areas.

(Ordinance Nos. 7458 (2006); 7479 (2006))

8-8-5 Fishing Prohibited Except Where Posted.Go to the top

Notwithstanding this section, fishing on open space and mountain parks properties may be allowed where posted.

8-8-6 Newly Acquired Properties Available for Public Use Only After Opening.Go to the top

All properties newly acquired by the open space and mountain parks department for the City of Boulder shall become available for public use only after they are opened by the City. At the time new property is acquired, the city manager shall identify and recommend to the Open Space Board of Trustees and city council, a temporary closure period sufficient in length to allow appropriate investigation and designation for appropriate public use.

8-8-7 Permits for Off-Trail Use in Habitat Conservation Areas.Go to the top

The city manager may issue permits for off-trail use in habitat conservation areas. The city manager shall promulgate rules to implement this section pursuant to section 8-3-3, "City Manager May Issue Rules," B.R.C. 1981.

8-8-8 Permits for Special Uses on Open Space and Mountain Parks Lands.Go to the top

(a) No person shall organize, promote, or stage a noncommercial event intended for or which can reasonably be expected to draw an attendance of twenty-five or more participants and spectators on any open space and mountain parks property without first obtaining a permit from the city manager under this section.

(b) No person who has obtained a permit from the city manager under this section shall organize, promote, or stage a noncommercial event intended for or which can reasonably be expected to draw an attendance of twenty-five or more participants and spectators on any open space and mountain parks property without having the permit in their possession at all times during such event.

(c) An applicant for a permit shall file an application at least fourteen days before the requested day of the event. The application shall be signed by at least one adult and shall contain:

(1) The name and address of the individual or organization sponsoring the event;

(2) The name, address, and telephone number of the individual in charge of the event;

(3) The site for which the permit is requested;

(4) The type of event and a complete description of the planned activities;

(5) The day and hours for which the permit is sought; and

(6) An estimate of the anticipated attendance.

(d) Upon receiving an application, the city manager shall:

(1) Verify the accuracy of the information;

(2) Determine whether there is a conflict with prior applications or scheduled city activities, which have priority. If there is a conflict, the manager will notify the applicant to permit amendment of the application to avoid the conflict;

(3) Review the requested site of the event to determine whether or not the available seating, parking, and sanitation facilities are adequate for the proposed use; whether or not the event would conflict with any law, ordinance, code, rule or regulation, resource management, or environmental policy; and whether or not the event would unduly interfere with the general public use of the site; and

(4) Review the proposed time of the event and the estimated attendance and consider other relevant circumstances to determine whether a security deposit or insurance is necessary to protect against possible damage to city property and defray costs of restoration of the premises to a neat and orderly condition. The manager may require a deposit or insurance of no less than $100.00 and, if the manager determines that $100.00 is insufficient, a larger deposit or insurance may be required. The manager may also return all or a portion of the security deposit upon the determination that it is not necessary to protect the interests of the city.

(e) If the applicant fulfills the requirements prescribed by this section, the city manager may issue a permit if the event is appropriate for the site, the infrastructure of the site will support the event without environmental or resource damage, and the public benefit from the proposed event exceeds its detriments. Each permit is subject to the following conditions:

(1) The applicant takes all reasonable steps to protect city facilities and property, including flora and fauna, against damage;

(2) The applicant cleans and restores the premises to a neat and orderly condition;

(3) The applicant charges no admission for the event unless it is a city sponsored event;

(4) The applicant is responsible for assuring that the noise emanating from the event complies at all times with the standards prescribed by chapter 5-9, "Noise," B.R.C. 1981;

(5) The applicant is responsible to assure that all participants and spectators comply with all applicable state and city laws; and

(6) The applicant advises all participants and spectators to comply with all applicable state and city laws.

(f) The city manager may revoke a permit issued under this section at any time before or during the event for any reason, for no reason, or for breach of any of the conditions prescribed by subsection (d) of this section. Any permit issued pursuant to this section shall be deemed a revocable license that does not convey a property interest of any kind. If a permit is revoked before the event, any security deposit shall be promptly refunded to the permittee. If the manager revokes the permit, the event must cease immediately. No person shall continue an event after a permit has been revoked.

(g) After the event and during working hours, each permittee under this section shall contact the city manager to inspect the area used in the event. If no damage has been done and the area has been properly cleaned, the manager shall return the security deposit. If the permittee has failed to meet the obligations prescribed by this section, the manager shall retain a sum from the deposit sufficient to cover the damage or restore the premises to a neat condition. If the security deposit does not completely indemnify the city for damage or cleaning costs necessary to restore the area, the permittee shall not fail to pay immediately to the city a sum to cover these extra costs.

(h) Groups of between twenty-five and forty-nine participants from bona fide educational institutions may request and, in the discretion of the city manager or his or her designee, receive an exemption from the permit requirements of this section, provided that they meet the following requirements:

(1) The requesting group has provided at least fourteen days' notice of the event to the city manager or his or her designee; and

(2) The requesting group has agreed to abide by low impact use principles as may from time to time be established by rule issued under section 8-3-3, "City Manager May Issue Rules," B.R.C. 1981; and

(3) The requesting group has agreed to any location change recommendations which may be made by the city manager or his or her designee in order to avoid resource impacts or use conflicts.

(Ordinance Nos. 7458 (2006); 7502 (2006))

8-8-9 Permits for Commercial Uses on Open Space and Mountain Parks Lands.Go to the top

(a) No person shall organize, promote, or stage a commercial use event on any open space and mountain parks property without first obtaining a permit from the city manager under this section.

(b) No person who has obtained a permit from the city manager under this section shall organize, promote, or stage a commercial use event on any open space and mountain parks property without having the permit in their possession at all times during such event.

(c) No person who has obtained a permit from the city manager under this section shall assert or attempt to assert an exclusive right to use a particular place, site or area, nor shall any such person remove or exclude, or attempt to remove or exclude, any other person from a particular place, site or area.

(d) For the purposes of this section, "commercial use" shall mean either:

(1) Any activity for which a fee, charge, purchase of goods or services, or donation is required for the provision of a service or as a condition of attendance or participation, including, but not limited to, dog walking, outdoor guide services, environmental education, and clubs, camps or other organizations that merely use school facilities; or

(2) Photography, videography, or filmmaking for compensation or hire that involves human or animal subjects;

provided however that a bona fide educational group engaged in a curricular school activity, including noncompetitive athletic activities and before- or after-school activities, shall not be considered engaged in a commercial use.

(e) The city manager may issue single event commercial use permits or annual commercial use permits for groups of not more than sixteen persons without conducting a special review of the application. The city manager may also issue triennial commercial use permits to such annual permittees who have three consecutive years of successful compliance with all requirements of the annual permit.

(f) The city manager may issue single event commercial use permits or annual commercial use permits for groups of more than sixteen persons upon conducting a special review of the application. "Special review" shall mean a thorough examination of the proposed use, and imposition of conditions of approval, to assure mitigation of large group impacts. The city manager shall prescribe the requirements for special review through rule issued under section 8-3-3, "City Manager May Issue Rules," B.R.C. 1981. The city manager may also issue triennial commercial use permits to such annual permittees who have three consecutive years of successful compliance with all requirements of the annual permit.

(g) The city manager may issue limited use permits for groups of not more than sixteen. "Limited use permit" shall mean an annual permit for which the commercial use events are restricted to not more than fifty visitor days (number of persons x number of days, including the leader) of designated trail use with groups of sixteen or fewer.

(h) An applicant for a permit shall file an application at least fourteen days before the requested event or annual permit application period. If an application is denied, the applicant may request a statement of the reasons for the denial. The city manager shall require applicants to provide insurance naming the city as an additional insured in such amounts as may be required to cover the maximum possible municipal liability exposure under state law. The city manager may prescribe such additional requirements and restrictions as may be necessary to minimize and mitigate use impacts, and as may be necessary or desirable for the implementation and enforcement of this section.

(i) The city manager shall prescribe by rule issued under section 8-3-3, "City Manager May Issue Rules," B.R.C. 1981, such additional requirements as may be deemed necessary for the implementation and enforcement of this section.

(j) The city manager may revoke a permit issued under this section at any time before or during the permit period for any reason, for no reason, or for breach of any of the conditions prescribed by subsection (f) of this section. Any permit issued pursuant to this section shall be deemed a revocable license that does not convey a property interest of any kind. If a permit is revoked before the event, any security deposit shall be promptly refunded to the permittee. If the manager revokes the permit, the event must cease immediately. No person shall continue an event after a permit has been revoked.

(k) No person shall fail to comply with each term and condition of a permit issued under this section.

(Ordinance Nos. 7458 (2006); 7479 (2006); 7503 (2006))

8-8-10 Competitive Events Prohibited.Go to the top

No person shall organize, promote, conduct or participate in a competitive event upon open space and mountain parks properties except as authorized by the city manager in a written permit for the limited purpose of an annual world-class pro cycling race. For the purposes of this section, "competitive event" shall mean any event or activity in which four or more persons try to exceed the performance of each other or another person in a physical activity.

Ordinance Nos. 7458 (2006); 7851 (2012)


27 Adopted by Ordinance No. 7443.

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