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Title 1 - General Provisions
Title 2 - Administration and Personnel
Title 3 - Revenue and Finance
Title 4 - Personnel Policies
Title 5 - Business Licenses and Regulations
Title 6 - Animals
Title 7 - Reserved
Title 8 - Health and Sanitation
Title 9 - Public Peace and Safety
Title 10 - Vehicles and Traffic
Title 11 - Reserved
Title 12 - Streets and Sidewalks
Chapter 12.04 - Working in Public Ways
Chapter 12.08 - Major Street Plan and Master Plan
Chapter 12.12 - Street Improvement Policy
Chapter 12.17 - Regulation of the Location of Vendors Who Use the Public Right-of-Way
Chapter 12.18 - Regulating the Location of Solicitors on or Near a Street or Highway
Chapter 12.19 - Regulating the Administrative Approval of Minor Right of Way
Chapter 12.20 - Regulation of Newspaper Corrals
Title 13 - Water and Sewers
Title 14 - Buildings and Construction
Title 15 - Housing Code
Title 16 - Subdivisions
Title 17 - Zoning
Title 18 - Minerals
Codes and Laws
Title 12 - Streets and Sidewalks
Title 12 - Streets and Sidewalks
Title 12 - Streets and Sidewalks
Chapter 12.04 - Working in Public Ways
This chapter shall be known as the "public way permit ordinance" of the city. (Ord. 1-82-59 § 1 (part), 1982; Ord. O-75-71 § 1, 1975).
For the purposes of this chapter, the following words shall have the following meanings:
"City" means the City of Lakewood, Colorado.
"Director" means the Director of Public Works of the city or his/her authorized representative.
"District" means any metropolitan, water, and/or sanitation district formed under Title 32, Article I, CRS, as amended.
"Permittee" means the holder of a valid permit.
"Person" means any person, firm, partnership, special, metropolitan or general district association; corporation; municipal department, company or organization of any kind.
"Public way" means any public street, way, place, alley, sidewalk, easement, park, square, plaza, and any city-owned right-of-way or any other public property owned or controlled by the city and dedicated to public use. Any easements dedicated solely for utility purposes shall not be governed by the provisions of this chapter.
"Specifications" means Engineering Regulations, Construction Specifications and Design Standards adopted by the city.
"Work in the public way" means, but is not limited to, construction of streets and all related appurtenances, sidewalks, driveway openings, bus shelters, bus loading pads, street lights, and traffic signal devices. It shall also mean construction, maintenance and repair of all underground structures such as pipes, conduits, ducts, tunnels, manholes, vaults, buried cable, wire, or any other similar structure located below the surface of any public way, and installation of overhead poles used for any purpose. (Ord. O-94-17 §§ 1, 2, 1994; Ord. O-91-59 § 19, 1991; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 3, 1971).
12.04.030 Types of permits to work in the public way
There shall be three types of permits to work in the public way:
A. Public Improvement Agreement Permits: permits issued as part of the public improvement agreement procedure under Chapter 14.13 of this code. Chapter 14.13 provides that any person obtaining a building permit may be required to sign a public improvement agreement, provides for inspection of those public improvements, and provides for collateral to insure the public improvements are built and are warranted for one year of satisfactory performance;
B. Annual permits: permits granted to persons to cover all work done in the public way for a period of one year;
C. Individual permits: permits granted to persons for one specific project in the public way. (Ord. O-94-17 § 3, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 4, 1971).
12.04.040 Application for permit
A. It is unlawful for any person to perform work within the public way of the city without obtaining a permit from the city. Any person doing work within the public way of a state highway must obtain a permit from the state and the city. If the state inspects the work in state right-of-way, there will be no charge for the Lakewood permit. If the city inspects the work in state right-of-way, all conditions and fees pertaining to a city permit shall apply.
B. In Lakewood, the physical construction of public improvements in new developments is the responsibility of the developer of the land. Ownership of those improvements remains with the developer of the land until acceptance by the city. Any person performing work on those improvements which are within a public way, but prior to acceptance by the city, shall obtain a permit from the city and permission from the owner of the improvements in the public way. The permittee shall be financially responsible to the owner of the improvements to carry out all remedial work necessary to receive acceptance by the city of those improvements. This financial obligation shall apply only to the work in the public way done by the permittee.
1. Public Improvement Agreement Permit. An applicant doing work in the public way which requires a public improvement agreement as required by Chapter 14.13 of this code shall have an approved set of plans and specifications prior to permit application. No work shall be started until the Director has approved the plans, specifications, and permit application, and issued a permit.
2. Annual Permits and Individual Permits. A separate written application for that work done under an annual or individual permit shall be submitted to the Director on a form provided by the city for each individual job. The application shall be submitted at least two days prior to the planned start of work in the public way. Permittees may be required to increase this time up to fourteen days when the work consists of more than a single spot excavation. The city may require submission of plans and specifications. No work shall be started until the Director has approved the plans and specifications and permit application, and issued a permit, except as specified in Section 12.04.180. (Ord. O-94-17 § 4, 1994; Ord. O-82-59 § 1 (part), 1981; Ord. O-71-24 § 5, 1971).
Before a public way permit is issued, the applicant shall submit to the Director a certificate of insurance in an amount set by City Council resolution. The certificate of insurance shall list the City and its officers and employees as additional named insureds.
City departments, mutual water companies, persons holding a franchise in the City, any governmental agency, or any special metropolitan water and/or sanitation district shall be relieved of the obligation of submitting a certificate of insurance if the permit is signed in the name of that person and they carry insurance equal to an amount set by City Council resolution. Upon request, the agency shall submit a letter certifying such coverage or self-insurance. If a person other than those named above signs the permit, a certificate of insurance shall be provided. (Ord. O-97-28 § 1, 1997; Ord. O-94-17 § 5, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-75-71 § 4, 1975).
12.04.060 Performance/warranty guarantee for permits
A. Public Improvement Agreement. Procedures for guaranteeing performance and providing for warranty are specified in Chapter 14.13 and no additional performance/warranty guarantee will be required in addition to those requirements.
B. Annual Permit. Any entity doing work under an annual permit shall provide the City with ten thousand dollars cash or an irrevocable letter of credit. The irrevocable letter of credit shall run for a period of time at least one year beyond the anticipated acceptance date of any work done under the annual permit. If no refund request is received, the deposit shall be carried forward for use as the annual deposit for the following year. If a demand is made by the City on all or a portion of a ten thousand dollar performance/ warranty guarantee, no further permits shall be issued to that entity until the performance/warranty guarantee is re-established in the amount of ten thousand dollars plus the amount of the demand made by the City.
C. Individual Permit. Each permittee before being issued a permit shall provide the city, at the permittee's expense, a performance/warranty guarantee. This guarantee shall be in the form of cash or an irrevocable letter of credit.
The guarantee shall be in an amount equal to one hundred percent of the City Engineer's estimate of the cost of restoration. The cost of restoration shall include the removal of defective material, recompaction of subgrade and base material and construction of surface improvements. The irrevocable letter of credit shall run for a period of time at least one year beyond the anticipated acceptance date of the work identified in the permit and may be returned as provided in Section 12.04.080(B)(2). Such guarantees shall be extended if requested by the City Engineer.
The City Engineer may waive performance/warranty guarantee requirements for any owner of a single-family residence desiring to repair their driveway or sidewalk provided the owner performs the work personally and upon satisfactory evidence to the City Engineer that the applicant is competent to perform the work.
D. Other Guarantees. In lieu of subsections (B) and (C) above, any City department, mutual water companies, persons holding a franchise in the City, any governmental agency, or any special metropolitan, water and/or sanitation district may provide the City with an annual letter signed by an appropriate company or district officer guaranteeing: (1) complete performance of the work acceptable to the City, and (2) the correction of any defect in the work which the City discovers and for which the City gives written notice to the permittee within one year after the date when the City initially accepts the work.
If the Director determines that any permittee fails to promptly perform under the conditions of this subsection (D) of this section, that permittee shall be required to post a performance/warranty guarantee meeting the requirements of subsections (B) or (C) of this section. If the Director determines that the permittee then satisfactorily complies with this chapter for a one-year period while operating under the provisions of subsections (B) or (C) of this section, the permittee shall then again be eligible to operate with the annual guarantee letter provided in subsection (D) of this section.
Notwithstanding anything to the contrary in this section, any contractor performing work pursuant to a contract directly with the City shall adhere to the performance payment requirements set forth in the contract documents. (Ord. O-97-28 §§ 2, 3, 1997; Ord. O-94-17 § 6, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 7, 1971).
12.04.070 Purpose of performance/warranty guarantee
A. Any guarantee made hereunder shall serve as security for the performance of work necessary to repair the public way if the permittee fails to make the necessary repairs or to complete the work under the permit.
B. The permittee, by acceptance of the permit, expressly guarantees complete performance of the work acceptable to the city and guarantees all work done by him for a period of one year after the date of acceptance, and agrees upon demand to maintain and to make all necessary repairs during the one-year period. This guarantee shall include all repairs and actions needed as a result of:
1. Defects in workmanship;
2. Settling of fills or excavations;
3. Any unauthorized deviations from the approved plans and specifications;
4. Failure to barricade;
5. Failure to clean up during and after performance of the work;
6. Any other violation of this chapter.
C. The one-year guarantee period shall run from acceptance of the work. If repairs are required during the one-year period, those repairs need only be guaranteed until the end of the original one-year guarantee period starting with the date of initial acceptance. It is not necessary that a guarantee be provided for subsequent repairs beyond the initial one-year guarantee period. (Ord. O-94-17 § 7, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 8, 1971).
12.04.080 Inspection fees and procedures
A. At the time of permit application, all permittees shall pay for the costs of inspection. Costs of inspection shall be in accordance with the schedule of charges prepared by the Director and adopted by City Council resolution.
B. Inspections will occur as follows:
1. Public Improvement Agreement. Procedures for inspecting public improvements agreements shall be as specified in Chapter 14.13.
2. Annual and Individual Permits. Two inspections shall take place. First, the permittee shall notify the city immediately after completion of work operations and acceptance will be made if all work meets city and permit standards. Second, approximately thirty days prior to the expiration of the one-year guarantee, the city shall perform an inspection of the completed work. If the work is still satisfactory, the cash or letter of credit for individual permit holders shall be returned less any amounts needed to complete work not done by permittee.
For annual permits, the annual deposit shall be carried forward for use as the annual deposit for the following year if no refund request is received.
At any time prior to completion of the one-year warranty period, the city may notify the permittee of any needed repairs. Such repairs shall be completed within twenty-four hours if the defects are determined by the city to be an imminent danger to the public health, safety, and welfare. Nonemergency repairs shall be completed within thirty days after notice.
3. Random Inspections. Random inspections may be made of the permittee's work procedures, and the permittee shall correct his procedures if ordered to do so. Failure to do so may result in revocation of the permit. (Ord. O-94-17 § 8, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-75-71 § 2, 1975).
12.04.090 Time of completion
A. Public Improvement Agreement. Time of completion will be specified in the public improvement agreement signed under the provisions of Chapter 14.13 of this code.
B. Annual Permits and Individual Permits. All work covered by the permit shall be completed by the date stated on the application. Permits shall be void if work has not commenced six months after issuance. Letters of credit or cash deposited as a performance/warranty guarantee for individual permits will be returned after voiding of the permit. (Ord. O-82-59 § 1 (part), 1982; Ord. O-75-71 § 3, 1975).
12.04.110 Traffic control
When it is necessary to obstruct traffic, a detour plan shall be submitted to the Director prior to starting construction. No permit will be issued until the plan is approved by the Director. No permittee shall interrupt access to and from private property, block emergency vehicles, block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital equipment unless permission is obtained from the owner of that facility. If a street closing is desired, the applicant will request the assistance and obtain the approval of the Director. It shall be the responsibility of the permittee to notify and coordinate all work in the public way with police, fire, ambulance, and transit organizations.
When necessary for public safety, the permittee shall employ flag persons whose duties shall be to control traffic around or through the construction site. The use of flag persons may be required by the Director.
Unless approved by the Director, the permittee shall not impede rush hour traffic on arterial or collector streets during the morning or evening rush hours. No construction shall be performed nor shall any traffic lane be closed to traffic during the hours of seven a.m. to nine a.m. or three-thirty p.m. to six p.m. without the approval of the Director.
Traffic control devices, as defined in Part VI of the Manual on Uniform Traffic Control Devices, must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic control devices are to be supplied by the permittee. If used at night, they must be reflectorized and must be illuminated or have barricade warning lights. Oil flares or kerosene lanterns are not allowed as a means of illumination.
Part VI of the Manual on Uniform Traffic Control Devices shall be used as a guide for all maintenance and construction signing. The permittee shall illustrate on the permit the warning and control devices proposed for use. At the direction of the Director, such warning and control devices shall be increased, decreased, or modified. (Ord. O-94-17 § 9, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-75-71 § 5, 1975).
12.04.120 Construction standards and responsibility for all public improvements
The permittee shall be fully responsible for the cost and actual performance of all work in the public way. The permittee shall do all work in conformance with the Engineering Regulations, Construction Specifications, and Design Standards adopted by the city. These standards shall apply to all work in the public way. (Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 13, 1971).
12.04.130 Protection of paved surfaces from equipment damage
Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles with grousers are not permitted on paved surface unless specific precautions are taken to protect the surface. The permittee will be responsible for any damage caused to the pavement by the operation of such equipment and, upon order of the Director, shall repair such surfaces. Failure to do so will result in the use of the applicant's performance/warranty guarantee by the city to repair any damage. (Ord. O-94-17 § 10, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-75-71 § 6, 1975).
12.04.140 Protection of property
The permittee shall protect from injury any adjoining property by providing adequate support and taking other necessary measures. The permittee shall, at his own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the work, and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public way. (Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 15, 1971).
12.04.150 Relocation and protection of utilities
Before any permittee begins excavation in any public way, he shall contact the Utility Notification Center of Colorado and make inquiries of all ditch companies, utility companies, districts, municipal departments and all other agencies that might have facilities in the area of work to determine possible conflicts.
The permittee shall contact the Utility Notification Center of Colorado and request field locations of all facilities in the area at least forty-eight hours in advance. Field locations shall be marked prior to commencing work. The permittee shall support and protect all pipes, conduits, poles, wires, or other apparatus which may be affected by the work from damage during construction or settlement of trenches subsequent to construction. (Ord. O-94-17 § 11, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 16, 1971).
12.04.160 Noise, dust, debris, hours of work
Each permittee shall conduct work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the permittee shall take appropriate measures to reduce noise, dust, and unsightly debris. No work shall be done between the hours of ten p.m. and seven a.m., nor at any time on Sunday, except with the written permission of the Director, or in case of an emergency. (Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 17, 1971).
As the work progresses, all public rights-of-way and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All clean-up operations shall be done at the expense of the permittee. (Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 18, 1971).
12.04.180 Emergency work
Any person maintaining facilities in the public way may proceed with repairs upon existing facilities without a permit when emergency circumstances demand that the work be done immediately. Emergency work is defined to mean any work necessary to restore water, sewer, gas, phone, electric, and cable facilities. Repairs on other facilities in the public way may also be administratively classified as emergency by the Director. The person doing the work shall apply to the Director for a permit on the first working day after such work has commenced. All emergency work will require prior telephone notification to the City Police Department of Public Safety and the appropriate fire protection district. (Ord. O-94-17 § 12, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 19, 1971)
12.04.190 Preservation of monuments
The permittee shall not disturb any surface monuments or survey hubs and points found on the line of work unless approval is obtained from the Director. Any monuments, hubs, and points disturbed will be replaced by a Colorado registered land surveyor at the permittee's expense. (Ord. O-94-17 § 13, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 20, 1971).
12.04.200 Registration to do work
All persons doing work within the public way under this chapter shall obtain a registration if required by Chapter 14.11 of this code.
The City Engineer may waive the registration requirements for any owner of a single-family residence desiring to repair their driveway or sidewalk provided the owner performs the work personally and upon satisfactory evidence to the City Engineer that the applicant is competent to perform the work. (Ord. O-2011-11 § 1, 2011; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 21, 1971).
Boring or other methods to prevent cutting of the pavement will be required upon request of the Director. It is the city's intent to require boring only when necessary on arterial and major and minor collector streets with high volumes of traffic and/or high accident potential. (Ord. O-94-17 § 14, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-56 § 1, 1971; Ord. O-71-24 § 22, 1971).
12.04.220 Suspension or revocation of permits and stop work orders
A. Any permit may be revoked or suspended by the Director, after notice to the permittee for:
1. Violation of any condition of the permit or of any provision of this chapter;
2. Violation of any provision of any other ordinance of the city or state law relating to the work;
3. Existence of any condition or performance of any act which does constitute or cause a condition endangering life or damage to property.
B. A suspension or revocation by the Director, and a stop work order, shall take effect immediately upon notice to the person performing the work in the public way.
C. A stop work order may be issued by the Director to any person or persons doing or causing any work to be done in the public way without a permit, or in violation of any provision of this chapter, or any other ordinance of the city.
D. Any suspension or revocation or stop work order may be appealed by the permittee to the Director by filing a written notice of appeal within ten days of the action. (Ord. O-94-17 § 15, 1994; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 23, 1971).
12.04.230 Appeals procedure
Any decision rendered by the Director may be appealed within thirty days by the permittee to the Board of Appeals in accordance with the rules and procedures established by that body. (Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 24, 1971).
If any person, firm or corporation, including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners of a partnership, firm or joint venture, shall violate or cause the violation of any of the provisions of this chapter, they shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, continues or is permitted, and upon conviction of any such violation such person, firm or corporation, including but not limited to such partners, officers or agents, shall be subject to the penalties set forth in Subsection 1.16.020A. (Ord. O-96-44 § 13, 1996; Ord. O-94-17 § 16, 1994; Ord. O-84-87 § 7, 1984; Ord. O-82-59 § 1 (part), 1982; Ord. O-71-24 § 25, 1971).
Chapter 12.08 - Major Street Plan and Master Plan
12.08.010 Major street plan adopted
The major street plan adopted by Resolution No. 70-95 includes a single map bearing the legend "Major Street Plan, City of Lakewood, Colorado," as certified to the City Council by the Lakewood Planning Commission. (Ord. O-94-17 § 17, 1994; Res. 70-95 § 1, 1970).
12.08.020 Master plan-Acceptance and approval
The master plan for the development of the city, with accompanying maps, charts and descriptive matter, which master plan is entitled and known as the Lakewood Comprehensive Plan shall be as adopted and from time to time amended by the Lakewood Planning Commission and approved by the City Council. (Ord. O-94-17 § 18, 1994; Res. 75-68 § 1, 1975).
12.08.030 Master plan certification and filing
The Mayor and City Clerk are authorized and directed to indicate the acceptance and approval of the Lakewood Comprehensive Plan mentioned in Section 12.08.020 by affixing their signatures to a certification of this acceptance and approval on the Lakewood Comprehensive Plan; and the City Clerk is authorized and directed to file a certified copy of the Lakewood Comprehensive Plan with the Clerk and Recorder of Jefferson County. (Ord. O-94-17 § 19, 1994; Res. 75-68 § 2, 1975).
Chapter 12.12 - Street Improvement Policy
12.12.010 City street system-Classification
A. Functional Classifications. City streets shall be placed in five functional classifications: local streets, minor collector streets, major collector streets, arterial streets, and major regional arterial streets.
B. Major Street Plan Classifications. Local streets, minor collector streets, major collector streets and arterial streets not specifically shown on the major street plan of Lakewood, must be platted and developed as determined by the city.
C. References in existing planned developments (PD's) and official development plans (ODP's) to street designations such as "freeways" and "major streets" will be reviewed by the Director of the Department of Planning, Permits and Public Works as said streets are to be planned or constructed and the Director of the Department of Planning, Permits and Public Works will determine which new street designation standards will be applied. The determination of the Director of the Department of Planning, Permits and Public Works may be appealed by the affected property owner to the Planning Commission within ten days of said determination and the Planning Commission's decision on the street design designation shall be final.
D. All state highways in Lakewood, except freeways, are designated as a part of the city street system for determining cost responsibilities in Section 12.12.030. (Ord. O-94-17 §§ 20-22, 1994; Ord. O-91-59 § 6 (part), 1991; Ord. O-85-63 § 1, 1985).
12.12.020 Type of improvements required for city's street system
Adequate and consistent design guidelines, based on engineering and planning standards, must be applied in developing the city's street system. All street improvements will therefore be in accordance with the city Engineering Regulations, Construction Specifications, and Design Standards as amended, the subdivision ordinance and the zoning ordinance.
In those instances where, in the opinion of the City Engineer, the rigid application of such guidelines would result in excessive right-of-way costs, relocation problems, and/or other extreme difficulties, a lesser standard may be approved by the City Engineer. (Ord. O-94-17 § 23, 1994; Ord. O-85-63 § 2, 1985).
12.12.030 Cost responsibility for improvements to the city's street system
A. The cost responsibilities for street improvements applies the general but qualified concept that those who benefit from street and other public improvements should be most directly responsible for the cost of said improvements.
B. In applying this concept, the following conditions are recognized and incorporated in assigning cost responsibilities:
1. Any new land development within Lakewood benefits by the existence and use of the existing street system and other public improvements in the community. Nonetheless, while the existing street system and other existing public improvements benefit all new land development, no specific monetary charges are made to new land developments for use of the existing street system and other existing public improvements.
2. Benefits derived from arterial and major regional arterial streets adjacent to and within a new land development accrue both to the general public and to the owner of a new land development.
3. Benefits derived from major collector streets, minor collector streets and local streets are direct and accrue primarily to the owner of a new land development.
C. Cost responsibilities for new streets are as follows:
Classification Right-of-Way Streets Sidewalk/Bikeways
Major regional Property owner Shared Property owner
Arterial streets Property owner Shared Property owner
Collector streets Property owner Property owner Property owner
(major and minor)
Local streets Property owner Property owner Property owner
Cost sharing on major regional arterial and arterial streets shall be done in the following manner: the property owner shall pay the cost of the street except for those costs paid for by the city. The property owner shall be responsible for all street improvements defined in Section 14.13.020 of the municipal code including roadway base and pavement thicknesses up to an EDLA (equivalent daily loaded axle) of thirty or the EDLA required for all traffic generated by the land development whichever is greater. The city will pay for any roadway base and pavement thicknesses in excess of the portion paid by the property owner.
D. Rebuild of Existing Street Facilities. The city shall have the authority to require improvements on existing streets made necessary by the development of a parcel. The procedures for such improvements shall be as defined in Chapter 14.13 of the city code or the subdivision and zoning ordinances, whichever provides the higher standard. These improvements shall include but not be limited to: Those rights-of-way, easements, access rights, and physical improvements which, upon formal acceptance by the city, shall become the responsibility of the city for ownership and/or maintenance and repair, unless otherwise provided, and shall include, but not by way of limitation, the following: curb and gutter, asphalt pavement, concrete pavement, streets of all types, survey monuments, pavement striping, sidewalks, pedestrian/bike paths, traffic signals, street lights, street signs, highways, freeways, rights-of-way, easements, access rights, construction plans, medians, bridges, acceleration and deceleration lanes, culverts, storm drainage facilities including necessary structures, channels, water lines, sanitary sewer lines, and all other improvements, which upon acceptance by the city are intended to be for the use of and enjoyment of the public.
E. Peripheral Streets. A peripheral street is one which borders a development, with one fraction of the street right-of-way on the property owner's land and the remaining street right-of-way on the adjacent property owner's land. A street which is located on right-of-way entirely within a single property owner's land is not a peripheral street and will be paid for by the property owner with the exception of major regional arterial or arterial streets cost sharing which is as specified in subsection C of this section.
1. New Peripheral Streets. If the City Engineer determines that a new local or collector peripheral street is to be constructed, the property owner shall build and pay for one-half of the street plus five feet of additional pavement, but not less than 17 feet of pavement.
If the City Engineer determines that a new major regional arterial or arterial peripheral street is to be constructed, the property owner shall build and pay for one-half of the street.
Cost sharing for the additional thickness requirement of a major regional arterial or arterial street shall be as specified in subsection C of this section.
2. Existing Non-Standard Peripheral Street. Where a peripheral street exists but does not meet current City standards, adjacent property owners shall build and pay for one-half of the street plus five feet of additional pavement for a local or collector street as determined by the City Engineer, but not less than 17 feet of pavement.
If the City Engineer determines that an existing non-standard street is to be constructed to major regional arterial or arterial street standards, the adjacent property owner shall build and pay for one-half of the street.
Cost sharing for additional thickness requirements of a major regional arterial or arterial street shall be as specified in subsection C of this section. (Ord. O-98-38 § 5, 1998; Ord. O-94-17 §§ 24-27, 1994; Ord. O-86-114 § 1, 1986; Ord. O-85-63 § 3, 1985).
The purpose of this ordinance is to prevent injury to persons and property, to prevent traffic delays, and to avoid interference with the traffic flow in the public right-of-way. Delay or distraction may interfere with the safe operation of motor vehicles. Delay and distractions are caused by vendors standing near public streets, near intersections, and near traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights or other reasons. (Ord. O-97-74 § 1, 1997).
12.17.020 Revocable permit
A. No person shall occupy the public right-of-way for the purpose of selling services or articles of merchandise without first obtaining a revocable permit.
B. This ordinance shall not apply to vendors of materials whose primary purpose is the dissemination of information such as newspapers or religious, political or ideological material. (Ord. O-97-74 § 1, 1997).
12.17.030 Permit fee
A permit application form shall be obtained from the Department of Finance. Processing of the permit will entail a non-refundable fee of $100.00. The permit may be renewed by the permittee for three (3) consecutive years for use at the location granted on the permit. The renewal fee shall be $25.00. Any future increase or decrease in said fees shall be by the adoption of a resolution by City Council. (Ord. O-97-74 § 1, 1997).
12.17.040 Sales tax deposit
A City sales tax deposit in the amount of $50.00 shall be paid by the permittee at the time of receiving a permit. Said deposit will be applied toward the permittee's first sales tax return. Any additional sales tax shall be paid by the permittee on or before the due date for sales tax pursuant to Chapter 3.01 of the Lakewood Municipal Code. If the tax due is less than the amount paid for the deposit, a refund of the difference shall be paid to the permittee. Said deposits are for a period of one (1) year. (Ord. O-97-74 § 1, 1997).
The Director of the Department of Finance or the Director's designee shall approve or deny the location of the permit. The City shall provide a map to the permittee designating the general location of the public right-of-way and the permittee's location thereon. In determining whether a particular location for sidewalk vendors is compatible with the public interest in the use of a public right-of-way, all or some of the following may be considered to determine whether the proposed location should be approved or denied.
A. The width of sidewalk.
B. The proximity of existing street furniture including, but not limited to, sign posts, lamp posts, parking meters, bus shelters, benches, telephone booths, planters, newsstands and newspaper vending devices.
C. The presence of bus stops, truck loading zones, taxi stands or hotel zones.
D. The volume of street and pedestrian traffic, the rate of speed of traffic, and the ability to safely exit the traffic lane.
E. The location of other vendors in the immediately adjacent area.
F. The accident history of the location.
G. Other conditions which affect the public health, safety and welfare. (Ord. O-97-74 § 1, 1997).
A. Permits shall be issued for a period of one (1) year and may be renewed by the permittee for three (3) consecutive years. Once a permit has been issued and remains in effect for a location, no other person may be issued a permit for the same location. Any change of ownership of the business or change of location shall require a new application and permit, with payment of fees therefor, as provided here and above.
B. Any location which is vacated or abandoned by the permittee shall be accessible to other permittees under the provisions of this ordinance. A location is deemed abandoned by the permittee if the location is vacated for 30 consecutive days. (Ord. O-97-74 § 1, 1997).
12.17.070 One location
Each permit shall be valid for not more than one location. The permit is valid only when used at the location designated on the permit. (Ord. O-97-74 § 1, 1997).
The permittee shall observe the following requirements:
A. Permittee shall not place any carts, tables, display structures or similar devices in the public right-of-way.
B. Permittee shall provide a four-foot minimum unobstructed area to allow access as required by the Americans with Disabilities Act.
C. Permittee shall cause the public right-of-way permit and a sales tax license (if applicable) to be visible at all times.
D. Permittee shall not block any street signs.
E. Permittee shall not sell to people in cars in traffic lanes.
F. Permittee shall not sell on a median. (Ord. O-97-74 § 1, 1997).
12.17.090 Insurance requirements
Before any permit is issued, the applicant shall furnish to the City a Certificate of Insurance, with the City named as an additional insured, from a firm with corporate surety, authorized to do business in the State of Colorado, for public liability and property damage in the amount established by the City of not less than the following:
For death or injury to any one person and including property damage, one hundred fifty thousand dollars ($150,000.00)
Total liability in any one accident, six hundred thousand dollars ($600,000.00). (Ord. O-97-74 § 1, 1997).
The applicant shall be required to sign an indemnity agreement, on a form furnished by the City, which releases and discharges the City, its employees, agents and assigns from any liability and from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever as related to occupying the public right-of-way. (Ord. O-97-74 § 1, 1997).
In the event there is more than one application for a specific location, the City shall conduct a lottery drawing. The City Manager or his designee shall adopt such rules and regulations as may be required to administer said lottery and to administer other provisions of this Ordinance. (Ord. O-97-74 § 1, 1997).
12.17.120 Sanctions and appeal
A. Nothing in this chapter shall be construed to limit the City's authority to require cessation of occupying the public right-of-way prior to the expiration of a permit. The City is not under any requirement to renew a permit. Permits may be revoked for cause including, but not limited to, trespass, failure to pay sales taxes, abandonment of location, drunkenness or disorderly conduct, failure to comply with the provisions of this ordinance or other City ordinances, or the existence of conditions that are harmful to the public health, safety and welfare. Additionally, a permit may be revoked if, in the discretion of the Finance Director, the location has become unsafe based on the criteria set forth in Section 12.17.050.
B. Permittee may appeal a notice of revocation or a denial of issuance of a permit. Said appeal must be filed with the Finance Director within ten (10) business days after mailing of the notice of revocation or the denial of issuance of a permit. The Finance Director shall notify the permittee in writing of the time and place fixed by him for such appeal hearing. After such hearing, the hearing officer shall make an order in the matter and shall furnish a copy of such order to the permittee. Every decision of the hearing officer shall be in writing, and notice thereof shall be mailed to the permittee within thirty (30) days after such hearing. All such decisions are final.
C. Nothing in the chapter, shall prohibit the City from enforcing the provisions of this ordinance in the Lakewood Municipal Court or the Jefferson County District Court.
D. In addition to enforcement by any authorized personnel, this ordinance may be enforced by the Director of Community Planning & Development or his designee. (Ord. O-97-74 § 1, 1997).
12.17.130 Prior locations
All prior locations authorized to vendors to occupy the public right of way for the purpose of conducting retail sales are hereby rescinded and revoked. No rights shall accrue to vendors based upon any previous authorization by the City to occupy the public right-of-way, and no prior authorization or approval by the City to occupy the public right-of-way shall allow for the grandfathering of a vendor's location. The City reaffirms its absolute right to regulate activities in the public right-of-way through its police powers. (Ord. O-97-74 § 1, 1997).
The provisions of the ordinance shall not apply at those locations which are adjacent to public streets which are officially and temporarily closed to through traffic for parades and other celebrations. Nothing herein shall relieve a vendor from obtaining a sales tax license. (Ord. O-97-74 § 1, 1997).
The penalty for a violation of any provision of this chapter shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one (1) year, or shall be both said fine and imprisonment. (Ord. O-97-74 § 1, 1997).
The purpose of this chapter is to prevent dangers to persons and property, to prevent delays, and to avoid interference with the traffic flow. Roadways that have center medians often are designed to deal with specific traffic flow problems and any delay or distraction may interfere with traffic planning. Persons standing near intersections and near traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights can cause safety problems and traffic delays. (Ord. O-2001-20 § 1, 2001).
A. It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for the same, from the occupant of any vehicle traveling upon any street or highway when such solicitation or collection:
1. Causes the person performing the activity to enter onto the traveled portion of a street or highway;
2. Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions;
3. Causes the traffic on the traveled portion of a street or highway to be delayed or impeded; or
4. The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction
B. It shall be unlawful for any person to solicit or attempt to solicit employment, business, contributions, or sales of any kind from the occupant of any vehicle traveling upon any controlled-access highway including any entrance to or exit from such highway. (Ord. O-2001-20 § 1, 2001).
For purposes of this section, the traveled portion of the street or highway shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purpose of vehicular traffic; or the entire width of every way declared to be a public street or highway by any law of this state. (Ord. O-2001-20 § 1, 2001).
Chapter 12.19 - Regulating the Administrative Approval of Minor Right of Way
The purpose of this ordinance is to allow for minor right of way encroachments including but not limited to commercial type trash dumpsters, fences, and mailbox pillars to be approved administratively under certain limited conditions. The approval shall be limited to those instances where the encroachment will not interfere with vehicle or pedestrian traffic or sight triangles and has been approved by all appropriate City departments. (Ord. O-2005-5 § 2, 2005).
12.19.020 Revocable License Agreement
A. No person shall construct any improvement, such as fences or mailbox pillars, or place any object, such as commercial type trash dumpsters in the public right of way without first obtaining a Revocable License Agreement approved by the Director of Finance.
B. This ordinance shall not apply to trash receptacles that are placed adjacent to the traveled lanes for removal on the scheduled date of pick-up.
C. A fee for processing the Revocable License Agreement shall be set by City Council resolution from time to time.
D. The revocable license agreement granted by the City is revocable at will by the City. (Ord. O-2005-5 § 2, 2005).
12.19.030 Procedure for Approval
A. An application form shall be obtained from the Department of Finance, Property Management Section.
B. The application form shall be completed and returned to Property Management for review with the applicable fee.
C. Property Management shall forward copies of the application to all appropriate departments for review and comment.
D. Upon approval by appropriate departments, Property Management shall prepare the Revocable License Agreement to be signed first by the applicant and final signature by the Director of Finance. (Ord. O-2005-5 § 2, 2005).
12.19.040 Standards for Approval
A revocable license agreement may be granted administratively only if the applicant meets the following criteria:
A. The proposed encroachment shall not create an obstruction to vehicle, bicycle or pedestrian traffic in any way.
B. The proposed encroachment shall not infringe upon any easement rights held by the City of Lakewood, other public agency or utility
C. The proposed encroachment shall not obstruct the sight triangle.
D. The proposed encroachment shall not create or contribute to a safety hazard.
E. The proposed encroachment shall meet all standards and requirements of the City of Lakewood for location and improvements. (Ord. O-2005-5 § 2, 2005).
The Revocable License Agreement shall contain an indemnity agreement which releases and discharges the City, its employees, agents and assigns from any liability and from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever as related to encroaching upon the public right-of-way. The Licensee shall reimburse the City for defending claims brought against the City, failure to reimburse the City in a timely manner may result in a lien being placed upon the Licensee's property. (Ord. O-2005-5 § 2, 2005).
12.19.060 Appeal of application denial
In the event that the Director of Finance denies a revocable license agreement, an applicant shall have the right to a quasi-judicial hearing before the City Manager or his designee for the purpose of appealing the Director's administrative decision. A written request for a hearing shall be made to the City Manager or his designee within ten (10) days of the date of the mailing of the City Clerk's written findings and decision denying the license application. The hearing shall be conducted within ten (10) days of the City Manager's or his designee's receipt of the written request for a hearing unless a later date is requested by the applicant. (Ord. O-2005-5 § 2, 2005).
12.19.070 Termination of Revocable License Agreement
The holder of the Revocable License Agreement may terminate the Revocable License Agreement by notifying the City in writing, complying with the terms of the Revocable License Agreement, and removing the encroachment. The City may terminate the Revocable License Agreement by notifying the holder of the Revocable License Agreement in writing. The holder of the Revocable License Agreement shall remove the encroachment pursuant to the terms of the Revocable License Agreement. (Ord. O-2005-5 § 2, 2005).
Chapter 12.20 - Regulation of Newspaper Corrals
A. It is the intent of this ordinance to place reasonable restrictions on the location of newspaper corrals within the Belmar Site. The Belmar Site is unique in the mixed use character of residential, commercial and office space and will consist of streetscapes, sidewalks, street lighting and other amenities which are unique in the City. The regulation of the location of newspaper corrals in the Belmar Site is essential to ensure compatibility with the unique design of the Belmar Site and to avoid visual blight by controlling congestion of newspaper vending machines at certain locations. The City recognizes the First Amendment rights of newspapers to distribute their publications and will not interfere with such rights. There will be both an ample number of newspaper corrals located within the Belmar Site and an ample number of alternative methods of newspaper distribution through home delivery and retail stores in the Belmar Site. This Chapter does not regulate content.
B. The Belmar Site consists of the Service Areas of The Plaza Metropolitan District No. 1, The Plaza Metropolitan District No. 2, and The Plaza Metropolitan District No. 3 as legally described more specifically in an Exhibit on file in the City Clerk's Office as may be amended from time to time. The Belmar Site is generally described as being bounded on the north by West Alameda Avenue, on the west by South Wadsworth Boulevard, on the south by Center Avenue, and on the east by Quay Street.
12.20.020 Newspaper Corrals at Belmar Site
A. Newspaper corrals are permitted within the Belmar Site in the public right of way only in those locations designated by the Director of Community Planning and Development ("Director") or his designee. These newspaper corrals are available for use by permit as provided in this Chapter for locating newspaper vending machines. No person shall install or use any newspaper vending machine or similar device on or at the Belmar Site other than as described in this Chapter. Newspaper vending machines shall be located only within a newspaper corral.
B. Any publication that is eligible for the periodicals mailing privileges of the United States Postal Service may place its newspaper vending machine within a newspaper corral after receiving a permit from the City to do so. Only one newspaper vending machine per publication may be located in each newspaper corral installed at the Belmar Site.
The Director shall use the following criteria in determining locations for newspaper corrals:
A. Newspaper corrals and their locations and access shall be in compliance with the Americans with Disabilities Act.
B. Newspaper corrals shall be in compliance with City regulations relating to traffic and pedestrian safety.
C. Newspaper corrals shall be placed in those locations, among others, where the public is invited to congregate, such as public plazas, park entrances and public transportation stops.
D. There shall be a minimum of seven (7) newspaper corrals located within the Belmar Site.
12.20.040 Permit Required
A. Annual Permit Required. It shall be unlawful to use, operate or maintain a newspaper vending machine without first having obtained a permit issued by the Director. A permit shall be valid for one (1) year following the date of issuance and may be renewed in accordance with this Chapter. Permit fees, if any, shall be established, and from time to time may be changed, by resolution of the City Council.
B. Initial Permit Application. Any person who wishes to obtain a permit to use, operate or maintain a newspaper vending machine shall submit to the Director an application in a form approved by the City which shall include, but not be limited to, identification, address, and contact information for the applicant. The applicant shall make payment of all application fees imposed for the application. Application fees, if any, shall be established, and from time to time may be changed, by resolution of the City Council.
C. Allocation. Newspaper vending machine permits are available on a first come, first served basis. Should the first come, first served system not resolve allocation questions, the Director shall select publications by random drawing.
12.20.050 Permittee Obligations
A. A newspaper vending machine permittee shall maintain the newspaper vending machine face, its interior, and all mechanical workings of its individual box, including, without limitation, the window and face plate, the coin mechanism, coin tray, and lock, if any; and the inside shelves in proper working order.
B. A newspaper vending machine permit is valid for one year from date of issuance. In addition to other causes specified in this Chapter for permit denial, revocation, or suspension, a newspaper vending machine permit expires when the machine is not in use for a period of thirty days, or if the permittee has failed to maintain the newspaper vending machine over such a period. The Director shall take no final action based on such an expiration without notice to the permittee and an opportunity for a hearing. Upon denial of renewal of a permit, or suspension, revocation, expiration for failure to use or maintain, or expiration for failure to renew, the Director may remove the newspaper vending machine, contents of any machine, change the locks, hold any contents and money as abandoned property, and issue a new permit to someone else.
12.20.060 Non-periodical newspaper vending machine boxes
A. The Director shall permit one newspaper vending machine box in each corral for use by purveyors of printed material which is not eligible for the periodicals mailing privileges of the United States Postal Service. Such non-periodical newspaper vending machines shall contain only materials available free to the public.
B. In the event that there are unused periodicals newspaper vending machines spaces in any corral, the Director may make the space available as temporary non-periodical newspaper vending machines, except that temporary permits issued on this basis shall be revocable at any time that a new applicant for a regular newspaper vending machine receives approval of the application.
12.20.070 Application Review
A. The Director shall administratively approve or deny an application for issuance or renewal of an annual permit within fourteen (14) days from the date the application is deemed complete by the City. Each application shall apply throughout the Belmar Site. The Director shall administratively deny or may administratively revoke a permit if the applicant or permittee do not qualify under the provisions of this Chapter to use a newspaper corral. Any denial or revocation shall be in writing, contain a description of the reasons for the denial, and shall be sent to the applicant by certified mail, return receipt requested, at the applicant's address as specified in the application. An applicant shall have thirty (30) days from the date of mailing of a denial or revocation within which to correct all cited deficiencies.
12.20.080 Appeals of Permit Decisions
A. Appeal Hearing. An applicant shall have the right to a quasi-judicial hearing before the City Manager or his designee for the purpose of appealing the Director's administrative decision(s). A written request for a hearing shall be made to the City Manager or his designee within ten (10) days of the mailing date of the Director's written findings and decision denying or conditioning the permit application. The hearing shall be conducted within fourteen (14) days of the City Manager's or his designee's receipt of the written request for a hearing unless a later date is requested by the applicant.
B. Appeal of Order. The order of the City Manager or his designee made pursuant to this section shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). For purposes of any appeal to the District Court, the City Manager's or his designee's decision shall be final upon the earlier of the date of the applicant's receipt of the order or four (4) days following the date of mailing.
12.20.090 Rules and Regulations
The Director may adopt reasonable rules and regulations to supplement the requirements of this Chapter. Said rules and regulations shall not be in conflict with this Chapter.
It is the intent of this Chapter to be interpreted liberally to ensure compliance with newspaper distributors' First Amendment rights.
If any provision of this Chapter is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Chapter which can be given effect without the invalid provision. (Ord. O-2004-11, § 2004).
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