Skip to main content
 

Title 5 - Business Licenses and Regulations

Chapter 5.05 - Shopping Carts
5.05.010 Intent and Purpose
The City Council of the City of Lakewood hereby finds that Abandoned Shopping Carts are unsightly, interfere with traffic, promote blight, cause unnecessary expense to Lakewood businesses and consequently Lakewood consumers, and are detrimental to the public health, safety and welfare. The purpose of this Article is to promote the public health, safety and welfare, to ensure Abandoned Shopping Carts are retrieved from Public Property throughout the City in a timely fashion and returned to their Owners, and to avoid unnecessary burdens on the Lakewood community, businesses and customers due to Shopping Carts being taken from Owners’ Premises and due to Abandoned Shopping Carts. (Ord. O-2018-7; §1, 2018).

5.05.020 Definitions
As used in this Article, the following terms, phrases and words shall have the following meanings:
Abandoned Shopping Cart means any Shopping Cart which has been removed from the Premises of the Owner of the Shopping Cart without the Owner’s written consent and is located on Public Property; provided that any Shopping Cart that is removed from such Premises for purposes of repair or maintenance and that is in the possession or custody of the party to whom it has been released by the Owner, shall not be deemed an Abandoned Shopping Cart. Notwithstanding the foregoing definition, any Shopping Cart containing or being used to transport a person’s personal property, shall not be deemed an Abandoned Shopping Cart.
Abandoned Shopping Cart Retrieval Service means routine return to Owners or impoundment of Abandoned Shopping Carts.
City means the City of Lakewood Colorado.
City Council means the city council of the City.
City Manager means the city manager of the City, or the city manager’s designees, including but not limited to all City employees and any independent contractor authorized or engaged by the City to provide Abandoned Shopping Cart Retrieval Services.
Owner means the person, firm, partnership, corporation, association or other entity who or which owns or otherwise exercises possession and control over Shopping Carts for the use of the Owner’s customers in connection with the management and operation of the Owner’s business enterprise, including any officer, employee or agent of said person, firm, partnership, corporation, association or entity. This Article shall apply to all such Owners who own, possess, control or operate a business entity within the City or, if that business entity is located outside the City, whose Shopping Carts are used or found abandoned in the City.
Premises means the entire area owned and/or utilized by the business establishment that provides Shopping Carts and/or used by such business establishment’s customers, including any parking lot or other area provided by or for an Owner for use by a customer for parking an automobile or other vehicle.
Public Property means:
a. Property owned or controlled by the City, any special district formed pursuant to Title 32 of the Colorado Revised Statutes, or the State of Colorado, and
b. The outdoor common area of any building, business, apartment building or complex, or portion thereof which is adjacent to Public Property as defined in a., is open to the public, and contains an Abandoned Shopping Cart visible at street or ground level from adjacent Public Property.
Shopping Cart means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind whether manually, electrically or otherwise propelled including a laundry cart. (Ord. O-2018-7; §1, 2018).

5.05.030 Shopping Cart Abandonment Prohibited
No person who, having a Shopping Cart in his or her possession or custody, shall leave or permit to be left said Shopping Cart upon any sidewalk, street, ditch or other Public Property, or upon any private property, such that it becomes an Abandoned Shopping Cart. (Ord. O-2018-7; §1, 2018).

5.05.040 Owner Registration Required to Use Shopping Carts
Every Owner shall register with the City each of its business locations within the City prior to utilizing Shopping Carts at such location. Owners that are already utilizing Shopping Carts at any business location within the City shall register each business location as soon as practicable after adoption of this Ordinance, and in any case no more than 60 calendar days after the effective date of this Ordinance. Said registration shall include the Owner’s contact information; the Owner’s acknowledgement of the content of this article including applicable administrative regulations, costs, fees and potential penalties; the Owner’s acceptance or rejection of an agreement to receive the Owner’s Abandoned Carts directly from the City’s Abandoned Shopping Cart Retrieval Service; and the Owner’s acknowledgement of the area determined by the City Manager within which the Owner must retrieve its Shopping Carts. (Ord. O-2018-7; §1, 2018).


5.05.050 Owner Responsibility for Identification on Shopping Carts
Every Owner shall permanently affix to each of its Shopping Carts a weatherproof, permanent sign that identifies the Owner of the Shopping Cart as recorded on the Owner’s Shopping Cart registration required in 5.05.040. (Ord. O-2018-7; §1, 2018).

5.05.060 Owner Responsibility to Manage Shopping Carts
Every Owner shall regularly retrieve its Shopping Carts from the exterior areas of the Owner’s Premises and from the area between the Owner’s Premises and the street pavement within public rights-of-way contiguous with the Owner’s Premises. Such retrieval shall also occur at least once during the 45 minutes after each daily store closing.
In addition, every Owner shall retrieve its Abandoned Shopping Carts from transit stops identified by the City Manager at least once between 5 AM and 11 AM and at least once between 3 PM and midnight. The City Manager’s determination from which transit stops, if any, an Owner must retrieve its Shopping Carts shall include, but not be limited to, consideration of historical information of the locations and quantity of an Owner’s Abandoned Shopping Carts, the transit stop’s proximity to the Owner’s Premises, and utilization rates of the transit stop by transit riders.
All Shopping Carts retrieved pursuant to this section shall be returned to the interior of the Owner’s building or to a permanent outdoor Shopping Cart storage facility attached to the Owner’s building. At all times that the business is closed, all Shopping Carts shall be inside of a locked building or locked to a permanent outdoor Shopping Cart storage facility attached to the Owner’s building. (Ord. O-2018-7; §1, 2018).


5.05.070 Abandoned Shopping Carts Retrieval Service and Impoundment
The City shall provide an Abandoned Shopping Cart Retrieval Service, which shall include impoundment of Abandoned Shopping Carts. The City Manager shall give actual notice to the Owner of each impounded Shopping Cart. Such notice shall be via any one of the Owner’s contact information options on the Owner’s Shopping Cart registration.
The Owner of any Abandoned Shopping Cart impounded by the City shall reclaim said cart within 30 calendar days of actual notice from the City. Said Owner shall pay all costs and fees of such impoundment.
All costs and fees shall be due within 30 calendar days of billing and shall accrue interest after the due date. If not paid within 30 calendar days of billing, such amount shall be subject to collection by any lawful method including, but not limited to, the amount owed being certified to the Treasurer of Jefferson County Colorado as an assessment on and a lien against the property of the Owner. Such amount shall include interest and an additional fee for administration and filing costs of the lien. The assessment shall be collected in the same manner as a real estate tax upon a property and shall have priority over other liens except general taxes and prior special assessments.
Any Abandoned Shopping Cart:
a. impounded by the City that is not reclaimed by the Owner within thirty (30) calendar days of the date of receipt of actual notice as provided herein or
b. the Owner of which is not identifiable from Shopping Cart Owner registrations,
may be sold, donated, recycled or disposed of as determined by the City Manager. Such action by the City Manager shall not relieve the Owner of its obligation to pay costs and fees. (Ord. O-2018-7; §1, 2018).

5.05.080 Alternative: Owner Agreement with the City's Cart Retrieval Contractor
The City may offer to any Owner an agreement between said Owner and the operator of the City’s Abandoned Shopping Cart Retrieval Service. If offered, each Owner shall explicitly accept or reject said agreement. Such agreement shall provide that the Owner would:
a. receive its retrieved Abandoned Shopping Carts directly from the operator of the City’s Abandoned Shopping Cart Retrieval Service,
b. directly compensate the operator of the Abandoned Shopping Cart Retrieval Service,
c. not have said Abandoned Shopping Carts subject to impoundment, and
d. not be obligated to pay to the City the costs and fees associated with impoundment. (Ord. O-2018-7; §1, 2018).

5.05.090 Alternative: Retrieval Proposals
Any Owner may propose to the City Manager an alternative Abandoned Shopping Cart Retrieval Service. The City Manager shall evaluate such proposal and, if reasonably expected by the City Manager to provide Abandoned Shopping Cart Retrieval Service comparable to or better than the City’s program, may approve said alternative. Said alternative shall include measureable standards of success; record keeping and reporting adequate to measure the alternative’s on-going success; reasonable efforts to include other Owners; and, upon the City Manager’s determination that the alternative is not successful, provisions to improve the alternative and provisions to reinstate the City’s Abandoned Shopping Cart Retrieval Service.
Nothing herein obligates the City Manager to approve an alternative Abandoned Shopping Cart Retrieval Service; however, such alternatives are encouraged and desirable to the extent they are successful and do not unduly compromise the City’s Abandoned Shopping Cart Retrieval Service, including reducing efficiency such that costs to remaining users of the City’s Abandoned Shopping Cart Retrieval Service become unreasonable as determined by the City Manager. (Ord. O-2018-7; §1, 2018).


5.05.100 Administration and Enforcement
This Article shall be administered and enforced by the City Manager. The City Manager is hereby authorized and directed to promulgate and implement rules, regulations and procedures necessary or appropriate for administration and enforcement of this Article.
The City Manager is hereby authorized to enter into, on or upon any Public Property to examine a Shopping Cart or parts thereof, to obtain information as to the identity of the Owner of any Shopping Cart, to retrieve Abandoned Shopping Carts and to impound Abandoned Shopping Carts in accordance with the provisions of this Article. Nothing contained in this Article shall be deemed to limit the City Manager from entering private property pursuant to permission from the Owner or occupant thereof.
The City Manager is hereby authorized and directed to establish fees necessary or appropriate for administration of this Article. (Ord. O-2018-7; §1, 2018).

5.05.110 Penalties
The penalty for a violation of any provision of this chapter shall be as set forth in Section 1.16.020. (Ord. O-2018-7; §1, 2018).

5.05.120 Cumulative Effect
The provisions of this Article are cumulative and in addition to any and all other procedures or remedies provided in ordinances of the City or by state law for the abatement of, or prosecutions for, nuisances. Proceedings for abatement pursuant to this part shall not prejudice or affect any other action, whether civil, criminal, equitable or administrative, for abatement or other remedy of such conditions. Nothing contained herein shall be deemed to invalidate, supersede, or render ineffective any other provision of any ordinance of the City. Neither the inclusion, nor the failure to include, under the terms of this Article, any act or condition otherwise in violation of any provision of this code or other ordinance of this City, unlawful or constituting a nuisance, shall be deemed to render such act or condition lawful. (Ord. O-2018-7; §1, 2018).

Chapter 5.08 - Christmas Tree Sales
5.08.010 Required
It is unlawful for any person, firm or corporation, except one operating a retail nursery, as defined in Section 5.08.180, to sell or engage in the business of selling severed fir or evergreen trees (commonly called Christmas trees) at retail or wholesale, in the city without first obtaining a license therefor as provided in this chapter. (Ord. O-84-125 § 1, 1984: Ord. O-70-117 § 1, 1970).

5.08.020 Application-Fee-Contents
Any person, firm or corporation desiring a license to sell severed fir or evergreen trees within the city shall make application therefor to the City Clerk upon an application form to be furnished by the Clerk, and each such application shall be accompanied by a nonrefundable application fee in the amount of fifty dollars. Each application shall contain the following information, as well as such additional information as may be required by the City Clerk:
A. Applicant's name, address and telephone number;
B. The location and description of the premises where the said trees are to be offered for sale;
C. The name of the owner (or lessee) of the property where the trees are to be offered for sale;
D. Such other, further and additional information as may be required by the City Clerk. (Ord. O-81-19 § 2, 1981: Ord. O-70-117 § 2, 1970).


5.08.030 Letter to accompany application
Each such application shall also be accompanied by a letter, contract or lease from the property owner or lessee of the premises where the sales are to be conducted, granting the use of the premises and permission to use the same. (Ord. O-70-117 § 3, 1970).

5.08.040 Investigation upon receipt of application
The City Clerk shall refer the application to the Department of Planning, Permits and Public Works, which shall advise the Clerk as to whether the premises are properly zoned and have sufficient setback space for the sales proposed to be made. (Ord. O-91-59 § 4, 1991; Ord. O-70-117 § 4, 1970).

5.08.050 Issuance of license-Fee
If the City Clerk receives a report from the Department of Planning, Permits and Public Works that the zoning and space available for setback on the premises is appropriate for the sale of Christmas trees, and if the application is otherwise in order and the application fee has been paid, the City Clerk shall issue a Christmas tree sales license to the applicant for sales to be made at the location described in the application upon the payment of an additional fifty dollars as a license fee, and the deposit of fifty dollars in cash, or by certified check, cashier's check or money order. (Ord. O-91-59 § 4 (part), 1991; Ord. O-81-19 § 3, 1981: Ord. O-70-117 § 5, 1970).

5.08.060 Separate license for each location
A separate license shall be required for each location designated by the applicant where trees are to be offered for sale. (Ord. O-70-117 § 6, 1970).

5.08.070 Transfer prohibited
No license issued under this chapter shall be transferred from one firm, person or corporation or location to another firm, person, corporation or location. (Ord. O-70-117 § 7, 1970).

5.08.080 Term of license
The license shall be issued to be effective beginning the day following Thanksgiving and shall expire as of December 31st of each year. (Ord. O-93-64 § 1, 1993: Ord. O-70-117 § 8, 1970).

5.08.090 Licensee's additional rights
Any person holding a license to sell trees as aforesaid shall also have the right to sell foliage therefrom or parts of fir or evergreen trees without securing a separate license. (Ord. O-70-117 § 9, 1970).

5.08.100 Electrical wiring
All electrical wiring at each location shall conform with the requirements of the city building code (Chapters 14.02 and 14.06), and must be installed by a registered electrical contractor. The building official shall not issue a permit for electrical installation at a location for the sale of Christmas trees without a showing that a Christmas tree license has been issued for such location, where such license is required. (Ord. O-93-64 § 2, 1993: Ord. O-70-117 § 10, 1970).


5.08.110 Buildings to conform to building code
All buildings moved onto or constructed upon any Christmas tree sales lot shall in all respects conform to the requirements of the building code of the city or such regulations as may be promulgated by the Building Official. (Ord. O-70-117 § 11, 1970).

5.08.120 Posting license
The Christmas tree sales license for each location must be posted in a conspicuous place at each location at all times. (Ord. O-70-117 § 12, 1970).

5.08.130 Return of deposit
The deposit of each applicant for each location will be returned in the event that all debris, trees, temporary buildings, and trash have been removed from the location and all sales taxes have been paid in full on or before January 15th of the year succeeding the year in which sales are made. In the event of failure to remove such debris, trees, temporary buildings, or trash, or to pay all sales taxes in full, the deposit will be forfeited. (Ord. O-93-64 § 3, 1993: Ord. O-70-117 § 13, 1970).

5.08.140 Setback
No fence, wiring, Christmas trees, stands, tents or structures shall be located on any lot or premises unless there is at least a twenty-foot setback from the curb line of the street or streets facing the same. No license shall be issued for any location where such setback is physically impossible. (Ord. O-70-117 § 15, 1970).

5.08.150 Time for application
No application shall be accepted in any year prior to the first of November, or after the fifteenth day of December. (Ord. O-70-117 § 16, 1970).

5.08.160 Revocation
If it appears to the City Clerk during the existence of any license authorized in this chapter that a licensee or its agents, servants or representatives are in any way violating any of the ordinances of the city or the terms of the license, the City Clerk may issue a cease and desist order, and may summarily suspend the license of the licensee if there is not compliance with such cease and desist order within twenty-four hours after the service thereof. Notice and opportunity for hearing shall be afforded to such licensee within one business day following the date of suspension. The clerk may revoke any license following such hearing if it appears that there has been any such violation and failure to comply with a cease and desist order. (Ord. O-70-117 § 17, 1970).

5.08.170 False statements in application
The making of any false statement in the application of any licensee is unlawful, and is good cause for the revocation of the license of such licensee. (Ord. O-70-117 § 18, 1970).

5.08.180 Retail nursery defined
A "retail nursery" is any person, firm or corporation which sells nursery stock, not limited to the sale of fir or evergreen trees. (Ord. O-93-64 § 4, 1993: Ord. O-84-125 § 2, 1984).

Chapter 5.20 - Fireworks Permits-Sale and Display
5.20.010 Definitions
As used in this chapter unless the context otherwise requires:
"Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, sky-rockets, sky lanterns, Roman candles, dayglo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term "fireworks" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.
"Manufacturer" includes any wholesaler and any person who manufactures, makes, constructs or produces any fireworks article or device.
"Person" includes an individual, partnership, firm, company, association or corporation.
"Retailer" includes any person who sells, delivers, consigns or furnishes fireworks to another person not for resale.
"Wholesaler" includes any person who sells, delivers, consigns, gives or in any way furnishes fireworks to a retailer for resale. (Ord. O-2013-11 § 1, 2013; Ord. O-86-7 § 2, 1986; Ord. O-81-78 § 2, 1981; Ord. O-74-38 § 1 (part), 1974).

5.20.020 Unlawful to sell or use fireworks
Except as provided in Sections 5.20.030 and 5.20.040, it is unlawful in the city for any person to:
A. Use or explode any fireworks; or
B. Offer for sale, expose for sale or sell any fireworks; or
C. Have fireworks in his possession with intent to offer the same for sale. (Ord. O-74-38 § 1 (part), 1974).

5.20.030 Applicability
This chapter shall not be construed to prohibit:
A. Any person, including a manufacturer, who has first obtained a license to sell display fireworks in accordance with the provisions of this chapter, from offering for sale, exposing for sale, selling and having in his possession with intent to offer for sale, or sell display fireworks to any municipality, fair association, amusement park or other organization or group holding a display permit issued as provided in this chapter, or to the Colorado State Fair and Industrial Exposition Commission, or to any county or district fair duly organized under the laws of this state;
B. The manufacture or wholesale of fireworks, or any phase thereof, which are of concern is subject to the sole authority of the Secretary of State of Colorado;
C. Any person from using or exploding fireworks in accordance with the provisions of any public display permit issued as provided in this chapter, or as part of a supervised public display of any county or district fair organized under the laws of this state;
D. Any person from using, exploding, selling or offering for sale any fireworks when such is done for a legitimate purpose other than for the purposes of display, exhibition, noise, amusement or entertainment; provided, however, it shall be the burden of those using, exploding or selling fireworks to prove their purpose was a legitimate and permitted one. Such permitted legitimate purposes shall include, but not be limited to, the following:
1. The explosion of blank cartridges for a show or theater or for signal or ceremonial purposes in organized athletics or sports,
2. The sale or use of model or educational rockets which utilize a replaceable engine or motor cartridge or nonmetallic construction, containing less than two ounces of propellant and designed to be launched by an electrical ignition system and which contain a parachute or other means for safe recovery of the rocket vehicle,
3. The importation, purchase, sale or possession of fireworks which are used or to be used solely to prevent damage to crops by animals or birds. (Ord. O-74-38 § 1 (part), 1974).

5.20.040 Public displays
The city may grant permits within the city boundaries for supervised public displays of fireworks by fair associations, amusement parks or other organizations and groups, subject to the rules and regulations hereinafter set forth. (Ord. O-74-38 § 1 (part), 1974).

5.20.050 Application for permit
Any fair association, amusement park or other organization or group desiring to conduct a supervised public display of fireworks shall apply in writing to the City Clerk for such a permit not less than thirty days in advance of the date of the display. Such application shall be accompanied by a nonrefundable application fee of twenty-five dollars; and such application shall contain the following information:
A. The name of the organization sponsoring the display, together with the names of persons actually in charge of the display;
B. The date and time of day at which the display is to be held;
C. The exact location planned for the display;
D. The name of the competent fireworks operators who are to supervise discharge of the fireworks;
E. The type and class of fireworks to be discharged and the number of set pieces, shells (specifying single or multiple break) and other items including experimental or model rockets or missiles;
F. The manner and place of storage of such fireworks prior to and during the display;
G. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, and the location of all nearby trees, telegraph or telephone lines, or other overhead obstructions;
H. Proof that satisfactory compensation insurance is carried for all employees;
I. Proof of public liability insurance with the same limits and coverage as are set forth in Section 5.20.120, protecting the city, applicant, manufacturer, wholesaler, seller, supplier and property owner, and operators of the display from liability. (Ord. O-74-38 § 1 (part), 1974).

5.20.060 Investigation
On receipt of any such application, the City Clerk shall provide to the Police Department and the Fire Department or fire protection district within which the proposed location lies, a copy of the application together with a request that an investigation of the location of the proposed display be conducted for the purpose of determining if the fireworks will be of such character or so located as to be hazardous to property or dangerous to any person. Before a permit is granted, the location and handling of the display shall be approved, after investigation, by the Chief of Police and the Chief of the Fire Department or the fire protection district in which the display is to be conducted, or their authorized agents. The Chief of Police and the Chief of the Fire Department or fire protection district concerned or their authorized agents shall be requested to report to the City Clerk with respect to the results of their investigations and shall further be requested to make recommendations for the granting or denial of the permit, and recommendations with respect to the prescribing of reasonable conditions for the display, taking into account locations, parking of vehicles, controlling spectators, storage and firing of fireworks, and precautions in general, against danger to life and property from fire, explosion or panic. No permit for public display shall be granted if the operator and the location in the handling of the display are not approved by the Chief of Police and the Chief of the Fire Department or the fire protection district in which such display is to be located or their authorized agents. No permit for public display shall be granted where discharge, failure to fire, faulty firing or fallout from any fireworks or other objects would endanger persons, buildings, structures, woods and trees, brush, parks or other grass-covered land. (Ord. O-93-64 § 23, 1993; Ord. O-74-38 § 1 (part), 1974).

5.20.070 Competent fireworks operators
No public fireworks display permit shall be granted unless at least two experienced fireworks operators are provided. Both operators shall:
A. Be responsible for, and have charge of, the display with respect to preparation for transporting, unloading, storing, preparing special effects, set and mechanical pieces, setting mortars and rocket launchers, loading, arming, firing and disposing of all unfired or defective (dud) rockets, missiles and fireworks articles or items;
B. Be responsible for setting all fireworks including mortars, finale batteries (hedgehogs) and rocket launchers at locations designated by the fire department or fire district, and take into account wind direction and velocity predicted for the firing time in setting the firing angles. Shells, rockets and missiles shall not be permitted to cross or burst above areas occupied by persons;
C. Be responsible for acts of all persons employed in connection with fireworks for the display. He shall have authority to dismiss or discharge any employee or person, whether remunerated or not, at any time during the operation of the display who, through smoking, drinking, carelessness or negligence or any other act, endangers the safety of himself, any other person or any property. (Ord. O-93-64 § 24, 1993; Ord. O-74-38 § 1 (part), 1974).

5.20.080 Spectators
Spectators at public displays of fireworks shall be restrained behind lines or barriers as designated by local authorities. Only authorized persons and those in actual charge of the display shall be allowed inside these lines or barriers during the unloading, preparation or firing of fireworks. (Ord. O-74-38 § 1 (part), 1974).

5.20.090 Issuance of permit
If the required approval of the Chief of Police and Chief of the Fire Department (or their authorized agents), or any of them, is not received by the City Clerk, no permit shall issue; however, if such approval is received, the City Clerk shall issue a public fireworks display permit, subject to such reasonable conditions as may be prescribed by the Chief of Police or by the Chief of the Fire Department or the fire protection district in which the display is to be conducted, if all requirements of this chapter are met. (Ord. O-93-64 § 25, 1993; Ord. O-74-38 § 1 (part), 1974).

5.20.100 Conducting displays and prohibition
The display shall be conducted only at such times, at such places and pursuant to such conditions as may be prescribed by the Chief of Police or the Chief of the Fire Department or the fire protection district in which the display is to be conducted. No public display of fireworks shall be conducted by any person or organization without a duly issued public display permit issued as provided for in this chapter. (Ord. O-93-64 § 26, 1993; Ord. O-74-38 § 1 (part), 1974).

5.20.110 Transferability
No public fireworks display permit shall be transferable or assignable. (Ord. O-74-38 § 1 (part), 1974).

5.20.120 Liability insurance
Each applicant for a public display permit shall file with the City Clerk, prior to the issuance of any such permit, a policy of public liability insurance, in form satisfactory to the City Clerk, with coverage of at least three hundred thousand dollars and a policy of property damage insurance in the amount of at least one hundred thousand dollars, all protecting from liability the applicant, the manufacturer, the supplier, the seller, the buyer, the property owner, the user, and the city. (Ord. O-89-29 § 1, 1989; Ord. O-87-33 § 1, 1987; Ord. O-74-38 § 1 (part), 1974).


5.20.140 Sale of display fireworks at retail
It is unlawful for any person to sell or offer to sell at retail in this city any fireworks which are to be used for display purposes until he first obtains a permit for the sale of display fireworks at retail from the city. (Ord. O-74-38 § 1 (part), 1974).

5.20.150 Application for permit to sell display fireworks at retail
Any person, partnership, association or corporation desiring to obtain a fireworks sale permit shall file an application therefor with the City Clerk, which application shall be accompanied by a nonrefundable application fee of fifty dollars and which shall contain the following:
A. Name and address of applicant;
B. If applicant is a corporation, the names and addresses of the principal officers of the corporation and the name of the person who will manage, be responsible for and be in charge of the sale of fireworks;
C. If the applicant is a partnership, the names and addresses of the partners and the name and address of the person who will be in charge of and supervise and manage the sale of display fireworks;
D. Location where the applicant will sell display fireworks;
E. The manner and method of proposed sales at retail of display fireworks;
F. Such other information as the City Clerk may require to make, or aid in, the investigation required by Section 5.20.160. (Ord. O-74-38 § 1 (part), 1974).

5.20.160 Investigation
Upon receipt of an application for a permit to sell display fireworks at retail, the City Clerk shall refer the same to the Chief of Police and the Chief of the Fire Department or fire protection district within which the location named in the permit lies with a request that they determine whether the applicant can safely engage in the sale of such fireworks at the location named in the application. (Ord. O-93-64 § 27, 1993; Ord. O-87-33 § 3, 1987; Ord. O-74-38 § 1 (part), 1974).

5.20.170 Issuance of license
If the City Clerk receives a report from the Police Department or the Fire Department or fire protection district concerned, approving the issuance of the license on the basis of the criteria set forth in Sections 5.20.150 and 5.20.160, the City Clerk, upon payment of a license fee of twenty-five dollars for each location at which display fireworks shall be sold at retail, shall issue a permit for the sale of display fireworks at retail which shall be valid for a period of twenty months from the date of issuance. Each separate permit issued shall apply and be valid only with respect to the location for which it is issued. If the report of the Police Department or the Fire Department or fire protection district indicates that the criteria set forth in Section 5.20.160 are not met, then, and in that event, no license shall be issued. (Ord. O-93-64 § 28, 1993; Ord. O-87-33 § 4, 1987; Ord. O-74-38 § 1 (part), 1974).

5.20.180 Limit on location and transferability
A fireworks sale permit shall be valid only for the premises or location for which it is issued. Such permit or permits shall not be transferable, assignable or renewable. (Ord. O-74-38 § 1 (part), 1974).


5.20.190 Filing application
Each application for a fireworks sale permit shall be filed with the City Clerk on or before June 20th of the calendar year in which the permit is sought. (Ord. O-74-38 § 1 (part), 1974).

5.20.200 Insurance for sales at retail
Every applicant for a permit to sell display fireworks at retail shall comply within the insurance requirements in the amount set forth in Section 5.20.120. (Ord. O-93-64 § 29, 1993; Ord. O-74-38 § 1 (part), 1974).

5.20.210 Seizure of fireworks
The Chief of Police or any authorized agent of the City shall seize, take and remove at the expense of the owner or possessor all stocks of fireworks stored or held in violation of this chapter. (Ord. O-93-64 § 30, 1993; Ord. O-74-38 § 1 (part), 1974).


Chapter 5.24 - Pawnbrokers
5.24.010 Definitions
As used in this chapter:
"Contract for purchase" means a contract entered into between a pawnbroker and a customer pursuant to which money is advanced to a customer by the pawnbroker on the delivery of tangible personal property by the customer on the condition that a customer, for a fixed price and within a fixed period of time, to be no less than thirty days, has the option to cancel said contract.
"Fixed price" means that amount agreed upon to cancel a contract for purchase during the option period. Said fixed price shall not exceed one-fifth of the original purchase price for each month plus the original purchase price.
"Fixed time" means that period of time, to be no less than thirty days, as set forth in a contract for purchase, for an option to cancel said contract.
“Manager” means an individual employee of a pawnbroker who directs the business of the pawnbroker and who is in direct control of the pawnbrokering business.
"Option" means the fixed time and the fixed price agreed upon by the customer and the pawnbroker in which a contract for purchase may but does not have to be rescinded by the customer.
"Pawnbroker" means a person, partnership, limited liability company, or corporation regularly engaged in the business of making contracts for purchase or purchase transactions in the course of his business. The term does not include Secondhand Dealers as defined in and regulated by C.R.S. Section 18-13-114 through C.R.S. Section 18-13-118.
"Pawnbrokering" means the business of a pawnbroker as defined by this section.
"Pledge" or "pledged property" means any tangible personal property deposited with a pawnbroker pursuant to a contract for purchase in the course of his business as defined in this section.
"Pledgor" means a customer who delivers a pledge into the possession of a pawnbroker.
"Purchase transaction" means the purchase by a pawnbroker in the course of his business of tangible personal property for resale, other than newly manufactured tangible personal property which has not previously been sold at retail, when such purchase does not constitute a contract for purchase.
"Tangible personal property" means all personal property other than choses in action, securities, or printed evidences of indebtedness, which property is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of his business in connection with a contract for purchase or a purchase transaction. (Ord. O-2007-28 § 2, 2007; Ord. O-2005-9 §§ 1, 2, 3, 2005; Ord. O-98-50 § 1, 1998; Ord. O-90-8 § 1, 1990; Ord. O-89-61 § 1 (part), 1989).

5.24.020 License required
It is unlawful for any person, firm or corporation to conduct the business of a pawnbroker within the city limits unless such person, firm or corporation shall have first obtained a "pawnbroker's license" from the city. (Ord. O-89-61 § 1 (part), 1989).

5.24.030 Application
All applicants for a pawnbroker's license shall file an application for such license with the City Clerk on forms to be provided by the Clerk. Each individual applicant, partner of a partnership, manager of a limited liability company, officer, director, and holder of ten percent or more of the corporate stock of the corporate applicant or holder of ten percent or more interest in a limited liability company, all managers, and any person with a financial interest in the pawnbroker establishment shall be named in each application form, and each of them shall be photographed and fingerprinted by the Lakewood Police Department; and each of them shall furnish three letters of character reference from residents of the city or the surrounding metropolitan area. Each individual applicant, partnership, limited liability company, and corporate applicant shall, in addition, furnish as an attachment to and part of such application evidence that the proposed establishment meets the requirements of the zoning ordinance, proof of the applicant's right to possession of the premises wherein the business of pawnbrokering will be conducted, a Financial Questionnaire, Consent to Release Financial Information, and a current personal financial statement or a balance sheet and income account statement for the preceding twelve-month period prior to the date of the application. Each corporate applicant shall furnish evidence that it is in good standing under the statutes of the State of Colorado, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the State of Colorado. (Ord. O-98-50 § 2, 1998; Ord. O-89-61 § 1 (part), 1989).

5.24.040 Application fee
Each applicant, whether an individual, partnership, limited liability company, or corporation, shall pay an application fee at the time of filing an application. The fee shall be set by city council resolution. (Ord. O-98-50 § 3, 1998; Ord. O-89-61 § 1 (part), 1989).

5.24.050 Investigation
On receipt of a properly completed application, together with all information required in connection therewith, fingerprints and photographs, and the payment of the application and license fees, the City Clerk shall transmit the application to the Lakewood Police Department for investigation of the background, character, and financial responsibility of each individual applicant, the partners of a partnership, the manager of the limited liability company, the officers, directors, and holders of ten percent or more of the stock of a corporation or holders of ten percent or more interest in a limited liability company, each person named as a manager of a proposed pawnbroker's establishment, and any person with a financial interest in the pawnbroker establishment. Each applicant shall pay a nonrefundable investigation fee at the time the application is filed in the amount then charged by the Colorado Department of Public Safety for each person who will be investigated. The Lakewood Police Department shall furnish the results of such an investigation to the City Clerk, together with a recommendation with respect to the granting or denial or the license, and reasons therefor. (Ord. O-98-50 § 4, 1998; Ord. O-90-8 § 2, 1990: Ord. O-89-61 § 1 (part), 1989).

5.24.060 Denial-Suspension-Revocation
A. The application of any applicant may be denied, or an existing license may be suspended or revoked by the City Manager or his designee, if it is shown that the individual applicant, any partner of a partnership, the manager of the limited liability company, any officer, director, or holder of ten percent or more of the stock of a corporate applicant or holder of ten percent or more interest in a limited liability company, any manager of a pawnbroker's establishment and any person with a financial interest in the pawnbroker establishment is not of good moral character as to reasonably assure that the operations of the pawnbroker's establishment will be conducted lawfully and in a manner which will not be detrimental to the public interest or well-being. Having been adjudged in any civil or criminal proceeding to have indulged in business or trade practices prohibited by law, or convicted of any felony or other offense involving moral turpitude and pertinent circumstances connected therewith, shall be considered in determining whether, in fact, an individual applicant, partner, manager of limited liability company, director, officer, or holder of ten percent or more of a corporate applicant's stock or holder of ten percent or more interest in a limited liability company, or a manager of the pawnbroker's establishment, is a person of good moral character at the time of the application, or time of review for possible suspension or denial.
B. The fact that an individual applicant, partnership, limited liability company, or corporation is not financially responsible, not in good standing, or not authorized to do business in Colorado, may also be grounds for denial, suspension, or revocation of a pawnbroker's license. As used herein, "financially responsible" means having sufficient income and assets to defray expenses and provide for liabilities of the business as they become due.
C. Any pawnbroker found to be in violation of any of the provisions of this chapter may have his license suspended or revoked after notice and hearing before the City Manager or his designee. Such suspension or revocation shall be at the direction of the City Manager or his designee, and further, at his discretion, and for good cause shown at a revocation or suspension hearing, the City Manager or his designee may declare the pawnbroker ineligible for relicensing for the purpose of carrying on the business or pawnbrokering within the city limits at any future time. Notwithstanding the above, a pawnbroker may apply for relicensing and present evidence of rehabilitation at an administrative hearing before the City Manager or his designee. A pawnbroker may be granted a new license provided the City Manager or his designee finds adequate evidence of rehabilitation was presented to show the pawnbroker is ready to accept the responsibilities of a law-abiding and productive member of society.
D. Any applicant or pawnbroker wishing to appeal any ruling or decision regarding this chapter, for which a hearing pursuant to Section 5.24.315 or Subsection C of this provision is not available, shall appeal to the City Manager. Said appeal shall be in writing and within fourteen days of the decision or ruling which is the subject of the appeal. The City Manager or his designee shall notify the pawnbroker in writing of the time and place fixed by him for such hearing.
E. Every decision of the hearing officer shall be in writing, and notice thereof shall be mailed to the pawnbroker within twenty days after such hearing, and all such decisions shall be final. (Ord. O-98-50 § 5, 1998; Ord. O-89-61 § 1 (part), 1989).


5.24.070 Transferability-Change of ownership-Change of corporate structure
Licenses issued under this chapter shall not be transferable. Any change in the partners of a partnership or manager of a limited liability company or in officers, directors, or holders of ten percent or more of the stock of a corporate or holders of ten percent or more interest in a limited liability company licensee holding a pawnbroker's license shall result in termination of the license of the partnership, limited liability company, or corporation, unless such licensee within thirty days of any such change, files a written notice of such change with the City Clerk and pays a nonrefundable fee. The fee shall be set by city council resolution. Any such change shall be reported on forms provided by the City Clerk and shall require the names of all new partners, officers, directors, and all holders of ten percent or more of the corporate or holders of ten percent or more interest in a limited liability company stock who were not previously holders of such amount of stock, all of whom shall be required to furnish, together with such notice, all of the information required from such persons in connection with an original application, three letters of character reference from residents of the city or the surrounding metropolitan area, and each person shall be investigated by the Lakewood Police Department as provided in Section 5.24.050. Grounds for denial of any such transfer of corporate or limited liability ownership, change of corporate or limited liability company structure, partnership, and termination of the license thereon, shall be the same as for denial of the license under Section 5.24.060. (Ord. O-98-50 § 6, 1998; Ord. O-89-61 § 1 (part), 1989).

5.24.080 Manager-Change of manager
A. A pawnbroker shall employ a manager to operate a pawnbrokering business, provided the pawnbroker retains complete control of all aspects of the pawnbrokering business, including but not limited to the pawnbroker's right to possession of the premises, his responsibility for all debts, and the pawnbroker must bear all risk of loss or opportunity for profit from the business.
B. In the event a licensee changes the manager of a pawnbroker establishment, the licensee shall immediately report such change and register the new manager on forms provided by the City Clerk within thirty days of such change. The new manager shall be photographed, fingerprinted, and furnish three letters of character reference from residents within the city or within the surrounding metropolitan area, and shall be investigated by the Lakewood Police Department as provided in Section 5.24.050. The licensee shall pay a nonrefundable investigation fee in the amount then charged by the Colorado Department of Public Safety and a manager registration fee. The manager registration fee shall be set by city council resolution. Failure of a licensee to report such a change or failure of the manager to meet the standards and qualifications as required in Section 5.24.060 shall be grounds for termination of the license. (Ord. O-2005-9 § 4, 2005; Ord. O-98-50 § 7, 1998; Ord. 0-89-61 § 1 (part), 1989).

5.24.090 Expiration and annual renewal
Each license issued pursuant to his chapter shall be for a period of one year from the date of issuance, and an application for renewal shall be filed not less than thirty days prior to the expiration of the period for which the license is issued. A late renewal may be approved by the City Manager or his designee if good cause is shown for the late filing of the renewal application. Copies of the pawnbroker's balance sheets and income statements for the preceding twelve-month period shall be submitted with each renewal application. When an application for renewal is received in proper form by the City Clerk, the City Clerk shall refer the renewal application to the Lakewood Police Department for investigation and its recommendation with respect to the approval or denial of the renewal application. An investigation shall be made by the Lakewood Police Department unless the Chief of Police, or his designee, in his discretion, deems an investigation unnecessary and elects to recommend approval without such investigation. (Ord. O-98-50 § 8, 1998; Ord. O-89-61 § 1 (part), 1989).

5.24.100 Annual license fee
The annual license fee for carrying on the business of pawnbrokering shall be payable to the City Clerk at the time an initial application for a license is filed or at the time a renewal application is file. Annual license fees shall be nonrefundable unless an application is denied. The fee shall be set by city council resolution. (Ord. O-98-50 § 9, 1998; Ord. O-89-61 § 1 (part), 1989).

5.24.110 Bond required
Every applicant for a pawnbroker's license shall furnish a bond with a responsible surety, to be approved by the City Manager or his designee, in the amount of ten thousand dollars, for the benefit of the people of the city, conditioned upon the safekeeping or return of all tangible personal property held by the pawnbroker, as required by law and ordinance, and the due observance of the provisions of this chapter. No license shall be issued or renewed absent such approved bond. Termination or cancellation of an approved bond shall be grounds for summary suspension of the license and for subsequent revocation if a new bond is not furnished within thirty days after demand by the City Manager or his designee. (Ord. O-89-61 § 1 (part), 1989).

5.24.120 City Manager's approval required
The City Manager or his designee shall have final authority to approve or deny any application or application for renewal, and to review any determination of the City Clerk and the Lakewood Police Department made with respect thereto. The City Manager or his designee in his discretion may issue the license or reject the application upon the basis of the criteria heretofore set forth, the recommendations of the Lakewood Police Department, the findings of the City Clerk, and his determination of whether the applicant has made a sufficient showing of good moral character, financial responsibility, experience and general fitness to command the confidence of the public and to warrant the belief that the business will be operated lawfully, honestly, and efficiently. (Ord. O-89-61 § 1 (part), 1989).

5.24.140 Books and records
A. A pawnbroker, his employee, agent, or any other person acting on his behalf shall keep an alphabetical index of the names of customers and a numerical register or automated format approved by the Lakewood Police Department in which the pawnbroker, his employee, agent, or any other person acting on his behalf shall legibly record the following information in the English language, in ink, and contemporaneously with each contract for purchase or purchase transaction:
1. The name of the customer;
2. The address and phone number of the customer;
3. The date of birth of the customer;
4. The number of customer's valid Colorado driver's license, or one of the following alternative forms of identification:
a. Valid Colorado identification card;
b. A valid driver's license with photograph, issued by another state
c. Military identification card;
d. Valid passport;
e. Alien registration card;
f. An identification document with no photograph, issued by the state or federal government;
5. The date, time, and place of the contract for purchase or purchase transaction;
6. An accurate, detailed account and description of each item of tangible personal property including but not limited to any trademark, identification number, serial number, model number, brand name, or identifying marks on such property;
7. The signature of the customer; and
8. A clear and identifiable imprint of the customer's right index finger.
B. The pawnbroker shall obtain a written declaration of the customer's ownership which shall state that each item of tangible personal property is totally owned by the customer, how long the customer has owned the property, whether the customer or someone else has found the property, and if the property was found, the details of the finding. The customer shall sign his name in the register or other tangible or electronic record, and the individual declaration of ownership for each item of tangible personal property and receive a copy of the contract for purchase or a receipt of the purchase transaction.
C. The pawnbroker shall keep the register or other tangible or electronic record for at least three years after the date of the last transaction entered in the register. The register shall be kept in a place which is reasonably safe from destruction or theft.
D. Such register and other books and records of the pawnbroker shall be open to the inspection of any Lakewood Police Department employee. Upon the demand of such employee, the pawnbroker shall produce and show any tangible personal property given to the pawnbroker in connection with any contract for purchase or purchase transaction. The pawnbroker's books shall list the date on which each contract for purchase was canceled, whether it was redeemed, or forfeited and sold.
E. 1. Every pawnbroker shall provide the Lakewood Police Department with records, in a format approved by the Lakewood Police Department, of all tangible personal property accepted by the pawnbroker pursuant to a contract for purchase or a purchase transaction and copies of each customer's declaration of ownership. The records shall contain the same information required to be recorded in the pawnbroker's register or other tangible or electronic record pursuant to this section. The required information shall be mailed or otherwise delivered to the Lakewood Police Department within seven days of each contract for purchase or purchase transaction.
2. The reporting format of the required information shall be one of the following:
a. Forms approved by the Lakewood Police Department together with a computer diskette containing the same information in a format approved by the Lakewood Police Department; or
b. Forms approved by the Lakewood Police Department and electronic transmission to the Lakewood Police Department of the same information in a format approved by the Lakewood Police Department. (Ord. O-2005-9 § 5, 2005; Ord. O-98-50 § 11, 1998; Ord. O-90-8 § 3, 1990; Ord. O-89-61 § 1 (part), 1989).


5.24.150 Pawn tickets
At the time of making a contract for purchase or upon the subsequent renewal of any contract for purchase the pawnbroker shall deliver to the customer a pawn ticket from a bound book containing stubs, which book and stubs are correspondingly serially numbered, and which stubs shall contain the following information:
The name and address of the licensee; a description of the pledge sufficient to adequately identify the pledge; the date of the transaction; the amount, duration, and terms of the contract for purchase. Language which represents suitably Sections 5.24.150 through 5.24.170 shall appear on the back of the pawn ticket.
The pawnbroker may insert on the pawn ticket any other terms, conditions, and information not inconsistent with the provisions of this chapter. (Ord. O-89-61 § 1 (part), 1989).

5.24.160 Transfer of pawn ticket generally-Transfer to pawnbroker
The holder of the pawn ticket shall be presumed to be the person entitled to cancel the contract for purchase and except as provided otherwise in this chapter, the pawnbroker shall deliver the pledge to the person presenting the pawn ticket on payment of principal and charges and upon surrender of the pawn ticket. The holder of any pawn ticket may transfer same to the issuing pawnbroker by writing upon the ticket "Transferred to (name of pawnbroker)" and signing same under such writing. The effect of transferring a pawn ticket to the issuing pawnbroker shall be to vest in the pawnbroker such ownership and title to the pawn ticket and the pledged property represented thereby as the holder had. The pawnbroker may thereafter sell the pledged property in accordance with the provisions of Section 5.24.240. Every instance of transference of a pawn ticket to a pawnbroker shall be reported within seven (7) days to the Lakewood Police Department as set out in section 5.24.140 E. 2. (Ord. O-98-50 § 12, 1998; Ord. O-89-61 § 1 (part), 1989).

5.24.170 Loss of pawn ticket
If a pawn ticket is lost, destroyed, or stolen the customer shall so notify the issuing pawnbroker in writing. Before permitting the cancellation of the contract for purchase or issuing a duplicate pawn ticket, the pawnbroker may, in addition to satisfying himself of the validity of the claim, require the customer to make an affidavit of the alleged loss, destruction, or theft of the ticket. Upon receipt of such affidavit or statement in writing as the case may be, the pawnbroker shall permit the customer to cancel the contract for purchase or the pawnbroker shall deliver to the customer a duplicate ticket and the pawnbroker shall incur no liability for doing so unless he had previously received written notice of an adverse claim. The form of the affidavit shall be substantially as follows:



AFFIDAVIT OF LOSS OF PAWN TICKET
STATE OF COLORADO )
) SS:
COUNTY OF )

I, ______________ being first duly sworn, do depose and say:

1. I am the pledgor of a pawn ticket issued by (name of pawnbroker), numbered ____________, ("Unknown" if number is not known), and dated ("Unknown" if date is not known).
2. The above-described pawn ticket has not been sold, negotiated, or transferred in any other manner by me.

3. The above-described pawn ticket was (lost, destroyed, or stolen) as follows: _____________________


4. The pledge represented by this pawn ticket is (description of pledge).

Further affiant sayeth not.



________________________
Affiant

Subscribed and sworn to before me this _____ day of __________, 20


________________________
Notary Public



________________________
My Commission expires:

(Ord. O-89-61 § 1 (part), 1989).


5.24.180 Adverse claims
If more than one person claims the right to cancel a contract for purchase the pawnbroker shall incur no liability for refusing to deliver the pledge until the respective rights of the claimants are adjudicated. If no action is brought against the pawnbroker by either party prior to the expiration of the period for which he is required under Section 5.24.230 to hold the pledge, he may proceed to sell the pledge in accordance with the provisions of this chapter. (Ord. O-89-61 § 1 (part), 1989).

5.24.190 Altered pawn ticket
The alteration of a pawn ticket shall not excuse the pawnbroker who issued it from liability to deliver the pledge according to the terms of the ticket as originally issued, but shall relieve him from any other liability to the pledgor of the ticket. (Ord. O-89-61 § 1 (part), 1989).


5.24.200 Seizure of counterfeit or reportedly lost pawn ticket-Seizure of counterfeit or fraudulent identification
A. If a ticket is presented to a pawnbroker which purports to be one issued by him but which is found to be counterfeit or which has been reported to him as lost, stolen or destroyed, the pawnbroker may seize and retain the same without any liability whatsoever to the holder thereof. Upon such occasion, the pawnbroker shall immediately notify the Lakewood Police Department. The Lakewood Police Department shall then place a hold order on the pawn ticket so seized, as set out in Section 5.24.250, and pledged property, identified in said pawn ticket, shall be held by the pawnbroker until such time as the lawful disposition of the pledged property is either agreed upon, determined by a court action, or directed by ordinance or statute, or the hold order is either ordered released by the Lakewood Police Department or has expired.
B. If a pawnbroker has reason to believe a customer is exhibiting counterfeit or fraudulent identification, the pawnbroker or his employee, acting in good faith and upon probable cause based upon reasonable grounds therefor, may seize such identification without incurring civil or criminal liability as a result of such seizure, provided the pawnbroker immediately gives such identification to the Lakewood Police Department. (Ord. O-98-50 § 13, 1998; Ord. O-89-61 § 1 (part), 1989).

5.24.210 Interest rate-Commission
No pawnbroker shall ask, demand, or receive any greater rate of interest, commission, and compensation than the total rate of one-fifth of the original purchase price for each month, plus the original purchase price. The pawnbroker may charge the customer for any transaction fee imposed by Section 5.24.370. No other charges shall be made by the pawnbroker upon renewal of any contracts for purchase or at any other time. In the event any such charges are made, the contract shall be void. Any contract for the payment of commissions by the customer for making a contract for purchase on tangible personal property shall be null and void. (Ord. O-2005-9 § 6, 2005; Ord. O-98-50 § 14, 1998; Ord. O-89-61 § 1 (part), 1989).

5.24.220 Intermediate payments-Receipts
The pawnbroker shall accept intermediate payments, without penalty, upon contracts for purchase which have not yet matured when presented with the pawn ticket, and shall treat the amount tendered as a payment upon the existing contract for purchase. A receipt showing the date and the amount of the payment shall be given for all moneys received on account of or in payment of the contract for purchase, and the date and amount of each such payment shall be entered upon the proper serially numbered stub in the bound book required to be kept by Section 5.24.140 at the time of each such payment. The total amount of money presented shall be applied against the amount of indebtedness. In no event shall any late charges, collection fees or other such service charges be deducted from the amount of the payment tendered to the pawnbroker. (Ord. O-89-61 § 1 (part), 1989).

5.24.230 Property held-Time limit-Sale of unredeemed articles
A. The pawnbroker shall hold tangible personal property purchased by him through a purchase transaction for thirty days following the date of purchase, during which time such property shall be held separate and apart from any other tangible personal property and shall not be changed in form or altered in any way.
B. The pawnbroker shall hold all tangible personal property pledged as security on a contract for purchase in his possession during the term of the contract for purchase, plus a period of ten days following the maturity date of the contract for purchase, during which time such goods shall be held separate and apart from any other tangible personal property and shall not be changed in form or altered in any way.
C. If the pledgor fails or neglects to cancel the contract for purchase by repayment of the balance of the principal and payment of all accrued interest charges, the pawnbroker shall mail a notice to the pledgor after the maturity date of the contract for purchase to the address designated in the books and records. The notice shall give the number of the pawn ticket, a description of the property pledged, and shall notify the pledgor that the contract for purchase must be canceled within ten days from the date of the notice, and specify the date, and that upon his failure to cancel the contract for purchase by that date, the pledged property shall be deemed forfeited to the pawnbroker and the right of the pledgor to cancel the contract for purchase shall be terminated. Such notice shall be in the form substantially as follows:

Lakewood, Colorado, _________________ 20 .

To: (Name) _______________________

(Street address) _________________________

(City, State, Zip Code) ____________________________

You are hereby notified to cancel the contract for purchase on or before ten days from the above date, to wit: (Date), or the pledged property will be forfeited to the pawnbroker under the contract for purchase and your rights to the pledged property will thereafter be terminated. Your pawn ticket is No. , the property pledged by you as security is described as follows:

(general description of property) ______________________________________



(Pawnbroker) __________________________________________



(Pawnbroker's address) __________________________________________

D. The pawnbroker shall retain in his records the original notice, in its unopened envelope, if returned to the pawnbroker. If notwithstanding the notice the person making the contract for purchase fails to cancel the contract for purchase within the ten-day period designated in the notice, all right, title and interest of the pledgor to the pledged property shall be forfeited to the pawnbroker who shall acquire title to the property, and the debt become satisfied. (Ord. O-98-50 § 15, 1998; Ord. O-89-61 § 1 (part), 1989).



5.24.240 Sale of articles represented by pawn tickets transferred to pawnbroker
Any tangible personal property deposited with a pawnbroker as security for a contract for purchase represented by a pawn ticket which has been transferred to the pawnbroker in accordance with Section 5.24.160 may be sold by the pawnbroker thirty days after such transference and appropriate notification to the Lakewood Police Department. (Ord. O-89-61 § 1 (part), 1989).

5.24.250 Hold order
Any authorized agent of the Lakewood Police Department may order a pawnbroker to hold any tangible personal property deposited with or in the custody of any pawnbroker for purposes of further investigation by the Lakewood Police Department. A hold order shall be effective upon verbal notification to the pawnbroker by an authorized agent of the Lakewood Police Department and shall be for a period of ninety days. The hold order may be extended for an additional period of ninety days by the Lakewood Police Department for good cause. Written notice by facsimile of the hold order shall be provided to the pawnbroker within seventy-two hours of the verbal notification, unless the end of the seventy-two hour period falls on a Saturday, Sunday or holiday, in which event the written notification of the hold order shall be provided to the pawnbroker on the following Monday or the next business day following a holiday. A hold order shall supersede the provisions of Sections 5.24.230 and 5.24.240, and no sale or other disposition may be made of any tangible personal property deposited with or in the custody of the pawnbroker while the hold order remains in effect. Any sale or other disposition of the property after the pawnbroker has been notified by the Lakewood Police Department of a hold order shall be unlawful and a violation of this provision. (Ord. O-2005-9 § 7, 2005; Ord. O-98-50 § 16, 1998; Ord. O-89-61 § 1 (part), 1989).


5.24.260 No deficiency or offsets permitted
The pawnbroker shall look to the property pledged for payment of the contract for purchase and in no event shall the pawnbroker look to the personal credit of the pledgor. No set-off shall be allowed the pawnbroker against the surplus or deficit arising out of another contract for purchase between the parties. In no event shall any deficiency balances be collected by the pawnbroker and in the event that such an attempt is made, the entire transaction shall be void. (Ord. O-89-61 § 1 (part), 1989).

5.24.270 Unlawful transactions
A. It is unlawful for any pawnbroker, his employee, agent, or any other person acting on his behalf to make a contract for purchase, acquire a pawn ticket by transfer, or make a purchase transaction with the following:
1. Any person under eighteen years of age;
2. Any person under the influence of alcohol, or any narcotic drug, stimulant or depressant;
3. Any person known by such pawnbroker to have been convicted of a felony, without first notifying the Lakewood Police Department;
4. Any person appearing to the pawnbroker to be in an abnormal mental state;
5. Any person whose actions would give the pawnbroker probable cause to believe the tangible personal property, which is the subject of a contract for purchase or purchase transaction with that customer was obtained illegally;
6. Any person in possession of tangible personal property, which is the subject of a contract for purchase or purchase transaction, with an identification number thereon which is obscured. For the purposes of this subsection the term "identification number" means a serial or motor number placed by the manufacturer or owner upon an article as a permanent individual identifying mark and "obscure" means to destroy, remove, alter, conceal or deface so as to render illegible by ordinary means of inspection.
B. With respect to a contract for purchase, no pawnbroker may permit any customer to become obligated on the same day in any way under more than one contract for purchase agreement with the pawnbroker which would result in the pawnbroker obtaining a greater amount of money than would be permitted if the pawnbroker and customer had entered into only one contract for purchase covering the same tangible personal property.
C. No pawnbroker shall violate the terms of any contract for purchase. (Ord. O-98-50 § 17, 1998; Ord. O-90-8 § 4, 1990; Ord. O-89-61 § 1 (part), 1989).

5.24.280 Unlawful to pawn certain items
It is unlawful for any pawnbroker to accept in pledge, buy, sell, or display in his place of business any throwing star, any brass or metallic knuckles, any nunchaku, blackjack, or billy club, property with missing or altered serial numbers, or any other property which is illegal to possess. (Ord. O-2017-15 § 1, 2017; Ord. O-89-61 § 1 (part), 1989).

5.24.290 Safekeeping-Insurance
Any pawnbroker licensed and operating under the provisions of this chapter shall provide a safe place for the keeping of pledged property received by him, and shall have sufficient insurance on the pledged property held by him for the benefit of the pledgor to pay fifty percent of the real value thereof in case of fire, theft, or other casualty loss, which policy shall be deposited with the City Manager or his designee prior to approval of the license. Neither the pawnbroker nor surety shall be relieved from their responsibility by reason of such fire, theft, or other casualty loss, nor from any other cause, save full performance. (Ord. O-89-61 § 1 (part), 1989).

5.24.300 Accepting lost or stolen articles
A pawnbroker who accepts in pledge any tangible personal property as security for a contract for purchase from one who is not the owner thereof, obtains no title in the property either by reason of a pledgor's failure to cancel the contract for purchase or by transference of the pawn ticket to the pawnbroker by the pledgor thereof. Ignorance of the fact that the pledged property was lost or stolen shall not be construed to affect the question of title; and if the pawnbroker shall sell such article to a third person, he shall remain liable to the original owner in any appropriate legal action. The lawful owner may, upon proving his ownership of the lost or stolen property claim the same from the pawnbroker or recover the same by means of any appropriate legal action. (Ord. O-89-61 § 1 (part), 1989).


5.24.310 Seized property held by Police-Administrative hearing to determine possession
A. When stolen property which was seized from the pawnbroker, without the written consent of the pawnbroker, his employee, agent, or any other person acting on his behalf, and held by the Lakewood Police Department as evidence is no longer needed as evidence and there is no court order which concerns its disposition, the Lakewood Police Department shall notify the pawnbroker, the person claiming to be the lawful owner of the property, and any other person who has notified the Lakewood Police Department in writing of his claim of an interest in the property, of the right to an administrative hearing to determine who is entitled to possession of the stolen property. Such notice shall be sent by the Lakewood Police Department to such persons by certified mail, return receipt requested. A request for an administrative hearing shall be filed in writing with the Lakewood Police Department within fourteen days after the date the notice was mailed by the Lakewood Police Department. The written request must include the person's current address and a daytime telephone number, or in the case of a pawnbroker, his business address and telephone number.
B. In the event no request for a hearing regarding possession of the property in question is received by the Police Department within the time set out above, the Lakewood Police Department shall return the property to the person claiming to be the lawful owner of such property, not to the pawnbroker (Ord. O-98-50 § 18, 1998).

5.24.315 Conduct of hearing regarding right to possession of seized property
A. A hearing to determine the right to possession shall be conducted before a hearing officer designated by the City Manager within seventy-two hours of the Lakewood Police Department's receipt of a written request for a hearing, unless the person requesting the hearing waives the right to a speedy hearing. Weekends and holidays are to be excluded from the calculation of the seventy-two hour period.
B. The hearing shall be conducted in an informal manner and shall not be bound by formal rules of evidence. The hearing officer may receive all or any part of the evidence in written form. The person demanding the hearing shall carry the burden of establishing by a preponderance of the evidence that such person has the right to possession of the property. The City does not warrant title to the disputed property by its decision.
C. At the conclusion of the hearing, the hearing officer shall prepare a written decision stating who is entitled to possession of the property. A copy of the written decision shall be mailed first class mail, postage prepaid, to the pawnbroker, the person claiming to be the lawful owner of the property, and to any person known to claim an interest in the property. The decision of the hearing officer shall be final and any appeal shall be to the Jefferson County District Court. The property shall be returned to the person determined to have the right to possession within thirty days after the date of the hearing officer's decision or at such time as any appeals have been exhausted. (Ord. O-98-50 § 19, 1998).

5.24.320 Liability for pledged property
A pawnbroker shall be liable for the loss of pledged property or part thereof, or for injury thereto, whether caused by fire, theft, burglary, or otherwise, as a result of his failure to exercise reasonable care in regard to it. A pawnbroker shall not be liable, in the absence of an expressed agreement to the contrary, for the loss of or injury to pledged property which could not have been avoided by the exercise of due care. Nothing herein shall affect the right of the pledgor to insurance proceeds on such property. (Ord. O-89-61 § 1 (part), 1989).


5.24.330 Removal of place of business
A. No license shall be valid for any location other than the location for which it is issued, except as hereinafter provided.
B. Removal of a pawnbroker's place of business shall be permitted under the same license in accordance with the following procedure:
1. A pawnbroker wishing to move his place of business within the city shall give written notice thereof to the City Clerk no less than thirty days prior to the date of relocation.
2. The City Clerk shall enter an order permitting the change and amend the license accordingly if she finds the licensee has the right to possession of the proposed location and the location is reasonably accessible to the existing customers. If the City Clerk does not so find, she shall issue an order denying the pawnbroker such permission and notify the pawnbroker of the reason for the denial.
3. If permission is denied, the pawnbroker may within ten days following notice of denial file a written request for review thereof with the City Clerk. The denial shall then be reviewed by the City Manager or his designee, who shall have authority to affirm or reverse the denial.
4. In the event the City Clerk approves the relocation, the pawnbroker shall mail written notice to each customer with whom the pawnbroker has an existing contract for purchase. Such notices shall be mailed at least fifteen days prior to the date of relocation. Any undelivered notice returned to the pawnbroker shall be retained in the records of the pawnbroker in the unopened envelope. The pawnbroker shall file an affidavit of mailing with the City Clerk together with a sample copy of the notice of relocation. (Ord. O-89-61 § 1 (part), 1989).

5.24.340 Investigation-Right of entry
A. For the purpose of investigating violations of this chapter, any authorized agent of the Lakewood Police Department may at any reasonable time investigate the business and examine the books, accounts, papers, and records of any licensed pawnbroker or any person, partnership, or corporation which engages in the business of pawnbrokering within the city.
B. Application for or acceptance of a license by a pawnbroker under the terms and provisions of this chapter shall constitute a continuing consent to entry by any authorized agent of the Lakewood Police Department upon the pawnbroker's premises for the purpose of investigating the business and examining the books, accounts, papers, and records used therein, at any time during the term of the license, during regular business hours or whenever the pawnbroker, his employee, or agent is upon the premises, without compliance with the provisions of Chapter 1.12 of this code. Willful failure or refusal by the pawnbroker, his agent, or employee to permit entry upon the premises by any authorized agent of the Lakewood Police Department as provided herein, after presentation of credentials and demand for entry, is a violation of this provision and shall be grounds for revocation of the pawnbroker's license. (Ord. O-89-61 § 1 (part), 1989).

5.24.350 Hours
Pawnbroker establishments may be open for business only between the hours of 8:00 o'clock a.m. and 9:00 o'clock p.m. It shall be unlawful for a pawnbroker establishment to be open for business during any time other than the hours set forth herein. (Ord. O-98-50 § 20, 1998).


5.24.360 Videotape and photograph requirements
Every pawnbroker shall videotape all transactions, including those which do not result in a contract for purchase or purchase transaction. The face of each customer who enters into a purchase transaction or contract for purchase shall be digitally photographed. The videotape and photograph shall be in a format approved by the Lakewood Police Department and of such quality that it clearly displays an identifiable frontal image of the customer. Any such videotape shall be kept by the pawnbroker for a minimum of ninety (90) days and shall be subject to police review. If the videotape contains photographic evidence, it shall be held for one hundred and eighty (180) days. (Ord. O-2007-28 § 3, 2007; Ord. O-98-50 § 21, 1998).

5.24.370 Transaction Fee
A. Every pawnbroker shall pay to the City a transaction fee for each transaction involving a contract for purchase or purchase transaction. A transaction is limited to three (3) items of tangible personal property per ticket. The transaction fee shall be set by city council resolution.
B. For the purposes of the imposition of said transaction fee, a parcel of articles offered as one item and purchased for one set price shall be considered to be one item of tangible personal property. Tangible personal property with identifying marks on such property, including but not limited to any identification number, serial number, model number, or inscription, shall be individually itemized.
C. Individual components of a stereo or computer system shall be individually itemized. However, when a stereo or computer system is being offered as one item and purchased for one set price, only one transaction fee shall be imposed. (Ord. O-98-50 § 22, 1998).

5.24.380 Recovery of transaction fees, penalty, and interest
A. All sums of money paid by the purchaser to the pawnbroker as transaction fees imposed by this chapter shall be and remain public money, the property of the city, in the hands of such pawnbroker, and he shall hold the same in trust for the sole use and benefit of the city until paid to the Finance Director.
B. 1. If a pawnbroker neglects or refuses to pay any transaction fee as required by this chapter, then the Finance Director shall make an estimate, based upon such information as may be available, of the amount of transaction fees due for the period for which the pawnbroker is delinquent and shall add thereto a penalty equal to the sum of fifteen dollars for such failure or ten percent thereof and interest on such delinquent transaction fee at the rate imposed under Section 5.24.400 plus one-half percent per month from the date when due, not exceeding eighteen percent in the aggregate.
2. Promptly thereafter, the Finance Director shall give to the delinquent pawnbroker written notice of such estimated transaction fee, penalty, and interest, which notice shall be sent by first-class mail directed to the last address of such pawnbroker on file with the Office of the City Clerk. Such estimate shall thereupon become a notice of deficiency.
C. The Finance Director is authorized to waive, for good cause shown, any penalty as provided in this chapter, and any interest imposed in excess of the rate determined pursuant to subsection B. of this section shall be deemed a penalty. (Ord. O-98-50 § 23, 1998).


5.24.390 Transaction fee deficiency
If the deficiency in payment of the transaction fee occurs without intent to defraud, there shall be added ten percent of the total amount of the deficiency, and interest in such case shall be collected at the rate imposed under Section 5.24.410 on the amount of such deficiency from the time the payment was due, from the pawnbroker, which interest and addition shall become due and payable twenty days after written notice and demand to such pawnbroker by the Finance Director. (Ord. O-98-50 § 24, 1998).

5.24.400 Interest rate on delinquent transaction fees
When interest is required or permitted to be charged under this chapter, the annual rate of interest shall be that rate of interest established by the State Commissioner of Banking pursuant to Section 39-21-110.5 of the Colorado Revised Statutes. (Ord. O-98-50 § 25, 1998).

5.24.410 Interest on underpayment, overpayment, nonpayment or extensions of time for payment of transaction
A. If any amount of a transaction fee is not paid on or before the last date prescribed for payment, then interest on such amount at the rate imposed under Section 5.24.400 shall be paid for the period from such last date to the date paid. The last date prescribed for payment shall be determined without regard to any extension of time for payment and shall be determined without regard to any notice and demand for payment issued, by reason of jeopardy, prior to the last date otherwise prescribed for such payment. In the case of a transaction fee in which the last date for payment shall be deemed to be the date that the liability for the transaction fee arises, and in no event shall such date be later than the date that notice and demand for the transaction fee is made by the Finance Director.
B. Interest prescribed under this section and Sections 5.24.380(B) and 5.24.390, shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as the transaction fee to which such interest is applicable.
C. If any portion of a transaction fee is satisfied by credit of an overpayment, then no interest shall be imposed under this section on the portion of the transaction fee so satisfied for any period during which, if the credit had not been made, interest would have been allowed with respect to such overpayment. (Ord. O-98-50 § 26, 1998).

5.24.420 Other remedies
No provision of this chapter shall preclude the city from utilizing any other lawful penalties or other remedies applicable to the collection of transaction fees. The Finance Director shall have the authority to make a compromise settlement of any claim for transaction fees due under this chapter. (Ord. O-98-50 § 27, 1998).

5.24.430 Review by District Court
If the pawnbroker is aggrieved at the final decision of the hearing officer, then he may proceed to have same reviewed by the District Court. The procedure of review shall be in accordance with Colorado Rules of Civil Procedure 106. (Ord. O-98-50 § 28, 1998).


5.24.440 Penalty
It shall be unlawful for any person to violate a provision of this Chapter. A person is criminally liable for conduct constituting an offense which he performs or causes to occur in the name of or on behalf of a pawnbroker to the same extent as if such conduct were performed or caused by him in his own name or behalf. Violators shall be subject to the penalties set forth in Chapter 1.16 of the Lakewood Municipal Code. (Ord. O-98-50 § 29, 1998).

5.24.450 Rules and regulations
Rules and regulations may be promulgated by the City to further effectuate the terms of this chapter. (Ord. O-98-50 § 30, 1998).


5.24.460 Location of Pawnbroker Businesses
A. The business premises of a pawnbroker business shall not be located within one (1) mile of the business premises of another pawnbroker business. This restriction shall apply to all pawnbroker business licenses issued under this Chapter 5.24 after the effective date of this Ordinance O-2005-13, which date is May 15, 2005. This restriction shall not apply to the renewal of an existing pawnbroker business license nor shall it apply to the issuance of a pawnbroker license for an applicant who has received a City building permit prior to the effective date of this ordinance for a structure in which a pawnbroker business shall be located.
B. For the purpose of this subsection, the distance between pawnbroker businesses shall be measured in a straight line, without regard to intervening structures, objects, or City limits, from the closest exterior wall of one pawnbroker business to the closest exterior wall of the other pawnbroker business. (Ord. 2005-13 § 1, 2005).


Chapter 5.25 - Crematories
5.25.010 Crematories
A. Definitions
1. Annual Service: Means inspection, maintenance and repair of every system in a Crematory, including but not limited to electronics, burners, refractory, processing station, gas and air settings, and gas pressures. Annual Service also includes Operator instruction, training and certification.
2. Crematory: Any equipment, machine, device, contrivance or other article, and all appurtenances, used for the destruction or reduction by fire of human and/or animal bodies, body parts, and tissues.
3. Continuous Opacity Monitor and Recorder: A device installed in the crematory outlet stack, which provides the operator with an audible alarm signal when the opacity has exceeded a preset limit. The instrument continuously records opacity conditions electronically, on a medium acceptable to the City, allowing a determination when limits have been exceeded.
4. Day(s): As used in this Chapter, the words " day" or "days" means a calendar day or days.
5. Opacity: The degree to which an air pollutant obscures the view of an observer, expressed in percentage of obscuration or the degree (expressed in percent) to which transmittance of light is reduced by the air pollutant.
6. Operator: Any person operating a crematory furnace.
7. Owner: Any person having an ownership interest of any kind in a crematory. The term "Owner" includes each and every natural person having any ownership interest in any entity that owns a crematory.
8. Qualified Observer: A person trained and certified to observe opacity in accordance with the United States Environmental Protection Agency's Method 9, 40 C.F.R. Part 60, Appendix A-4, Method 9. (Ord. O-2002-25 § 1, 2002).

5.25.020 Standards
A. Opacity. No person shall cause or allow the discharge, release, dispersal or escape into the atmosphere from any Crematory, for more than 60 continuous seconds, of any air emission that is a shade darker or density darker than 20 percent opacity. Prima facie evidence of a violation of this standard will consist of:
1. Results from a Continuous Opacity Monitor and Recorder; or
2. Visual determinations of opacity as determined by a Qualified Observer using the United States Environmental Protection Agency's Method 9 for the Visual Determination of the Opacity of Emissions from Stationary Sources, 40 C.F.R. Part 60, Appendix A-4, Method 9, with the exception that a violation will occur if five consecutive visual determinations are taken at fifteen second intervals and each is in excess of 20 percent opacity.
B. Construction. All Owners shall ensure that all existing crematories and newly constructed crematories shall comply with City building and fire codes and the air quality laws of the City, the State of Colorado and the United States.
C. Annual Service. All crematory furnaces within the City shall receive Annual Service by the manufacturer. Written evidence of the Annual Service shall be required in order to obtain the annual operating license required below. (Ord. O-2002-25 § 1, 2002).

5.25.030 Operations
A. Any Owner of a Crematory shall properly install and maintain in calibration, in good working order and operation, a Continuous Opacity Monitor and Recorder that continuously records opacity at all times during the cremation process and cool down periods. The Continuous Opacity Monitor shall meet or exceed the recommended specifications of the manufacturer of the Crematory to which the Continuous Opacity Monitor will be attached. The Continuous Opacity Monitor and Recorder shall also emit an audible alarm whenever the opacity standard is exceeded, which alarm shall not stop until the opacity limitation is met. All crematories existing in the City at the time this ordinance is enacted shall comply with the requirements in this subparagraph within 120 days of the effective date of this ordinance. Compliance with this subparagraph shall be a condition of receiving an annual license as is required under section 5.25.040 below.
B. The Continuous Opacity Monitor and Recorder shall be calibrated and maintained by the Owner in accordance with the manufacturer's specifications and shall be calibrated at least once each month. Written records of each calibration shall be kept by the Owner and submitted monthly to the City's Environmental Manager simultaneously with the monthly submission of electronic records of the Continuous Opacity Monitor and Recorder as provided below. The opacity meter shall be located after (downstream of) all control equipment, prior to the stack exit, and prior to dilution with ambient air. All readings from the Continuous Opacity Monitor and Recorder shall be recorded electronically using a method, and on a medium, acceptable to the City. Unless required more frequently by the Environmental Manager, all original daily electronic records of the crematory's Continuous Opacity Monitor and Recorder shall be delivered to the City's Environmental Manager monthly, within seven (7) days after the end of each calendar month. Data shall be stored, and delivered to the City, in a format compatible with the City's computer system. The Owner shall sign a written, notarized certification under oath, in form acceptable to the City, of the accuracy and truth of the original electronic records of the Continuous Opacity Monitor and Recorder at the time of each such submission.
C. The Owner shall maintain written records showing the number of cremations per day, the weight of each body (or portions thereof) cremated, and time of day of each cremation ("Cremation Records"). The Owner shall sign a written, notarized certification under oath, in form acceptable to the City, of the accuracy and truth of the Cremation Records. The sworn certification and the Cremation Records shall be submitted to the City's Environmental Manager simultaneously with the monthly submission of records of the Continuous Opacity Monitor and Recorder.
D. The Operator must be trained and annually certified by the manufacturer of the furnace. A trained, certified Operator must be physically present, and in active supervisory control, at all times during the cremation process and cool down periods.
E. The Operator shall immediately notify the City's Environmental Manager, by telephone or fax, each time the opacity standard is exceeded and immediately take corrective action to stop the violation. In addition, no later than 11:00 a.m. on the next business day after each instance in which the opacity standard is exceeded, the Owner shall submit to the City's Environmental Manager a written report describing in detail the cause of the exceedance, corrective measures taken, and the actions the Owner will implement to prevent a reoccurrence of the exceedance. The written report shall contain a signed, notarized certification under oath, in form acceptable to the City, of the accuracy and truth of the written report.
F. The Owner shall keep all electronic and written records required by this ordinance for at least three years. The records shall be kept in a place which is reasonably safe from destruction or theft and shall be open to inspection by the City.
G. It shall be unlawful to submit false information, records, certifications, reports or statements to the City, or to change, alter, deface in any way, discard or destroy the records of the Continuous Opacity Monitor and Recorder, the Cremation Records, or reports that the opacity standard has been exceeded.
H. It shall be unlawful to tamper with, or in any way impede or interfere with the operation of, the Continuous Opacity Monitor and Recorder. (Ord. O-2002-25 § 1, 2002).

5.25.040 Licenses/permits required
A. License Required. It shall be unlawful to operate a crematory without the Owner first having obtained from the City's Department of Public Works ("Public Works Department") an annual license to do so. No license shall be issued without the written concurrence of the City's Environmental Manager. License fees for the operation of a crematory shall be established, and from time to time may be changed, by resolution of the City Council. All crematories existing within the City at the time this ordinance is enacted shall obtain a license within 150 days of the effective date of this ordinance.
B. Initial License Issuance. Any person who wishes to obtain a license to operate a crematory shall demonstrate to the City that the crematory will be located, constructed and will operate in compliance with all applicable laws and regulations. An applicant for a license shall submit to the Public Works Department such information as it may reasonably require concerning the issuance and good standing of all necessary state or federal air permits, the structure and components of the crematory, the methods and procedures to be used to operate and control the crematory, hours of operation, anticipated emissions, emission control equipment, preventative maintenance program, training of the operator(s), regulatory and statutory compliance history, past and present locations of any other crematories owned or operated, location and surroundings, zoning, and such other information as may be reasonably required by the Public Works Department. The City may, in its sole discretion, place operating or other conditions on the issuance of a license. The City, in its sole discretion, may deny a license to operate a crematory to any person, or for any crematory, that: a) has not demonstrated to the City that the crematory is located, constructed, or will operate in compliance with all applicable laws and regulations; b) has failed to submit to the City any information reasonably required; or c) has a record of violating, or noncompliance with, laws and regulations applicable to the operation of a crematory in another location(s).
C. Reissuance of License. An applicant for reissuance of a license shall submit to the Public Works Department such information as it may reasonably require concerning the issuance and good standing of all necessary state or federal air permits, the structure and components of the crematory, the methods and procedures to be used to operate and control the crematory, hours of operation, anticipated emissions, emission control equipment, written proof of Annual Service within the preceding twelve (12) months, preventative maintenance program; training of the operator(s), regulatory and statutory compliance history, and such other information as may be reasonably required by the Public Works Department. The City may, in its sole discretion, place operating or other conditions on the reissuance of a license. The City, in its sole discretion, may deny reissuance of a license to operate a crematory to any person, or for any crematory, that: a) has not demonstrated to the City that the crematory is located, constructed, or operates in compliance with all applicable laws and regulations; or b) has violated any provisions of this Chapter in the preceding twelve (12) months; or c) has failed to pay within 30 days any fine imposed under this ordinance.
D. Processing of License Application. The Public Works Department shall approve, approve with conditions, or deny, an application for an annual license within 60 days from the time the application is deemed complete by the City. A denial 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 address specified in the application. An applicant shall have 30 days from mailing of a denial within which to correct the deficiencies. If the needed corrections are not made within the allowed period, the denial of the application shall be deemed final. If the applicant corrects the deficiencies to the reasonable satisfaction of the City, the denial shall be retracted and the application shall be approved. All applications for an annual license must be submitted sufficiently in advance of applicable deadlines, or license expiration dates, to permit the process described in this paragraph to fully take place before the expiration of the applicable deadline or license expiration date.
E. Change of Control. Any person who purchases or otherwise acquires control of a crematory shall notify the City in writing of the change of ownership or control, including in the notice the effective date of the change as well as the name, address and telephone number of the new owner or person in control. This notice shall be provided to the City's Environmental Manager no less than ten (10) days after the effective date of the change in ownership or control.
F. Submission of Plans and Specifications. The Owner shall submit to the Public Works Department detailed plans and specifications before any crematory is constructed, modified, remodeled, extended or enlarged. The Public Works Department must approve the plans and specifications in writing before any such work is commenced. An appeal from any order (or the failure to issue an order when one is called for), requirement, decision or determination made by the City Building Official or his authorized representatives or other administrative officials shall be subject to the requirements and procedures of Chapter 14.12 of the City of Lakewood Municipal Code.
G. Appeal. In the event a license application is denied, or conditions are placed on the issuance of a license, by the Department of Public Works, the applicant may appeal the decision as set forth in Section 5.25.050. (Ord. O-2002-25 § 1, 2002).


5.25.050 Appeal of license application denial
A. In the event that the Public Works Department denies a license application, or places conditions on the issuance of a license, an applicant shall have the right to a quasi-judicial hearing before the City Manager or his designee for the purpose of appealing the Department'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 mailing date of the Department's written findings and decision denying the license 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. Upon receipt of a timely request for a hearing, the City Manager or his designee shall schedule a hearing and notify the applicant of the date, time, and place of the hearing. Such notification shall be made by the City by telephone and a written notice shall also be mailed or delivered to the applicant at the applicant's address shown in the application. An applicant may be represented at the hearing by an attorney or other representative. An applicant or the City may request a continuation or postponement of the hearing date.
C. At the hearing, the City Manager or his designee shall hear and consider such evidence and testimony presented by the City, the applicant, or any other witnesses presented by the City or the applicant which are relevant to the stated reason and basis for the Department's denial of the license application. The City Manager or his designee shall conduct the hearing in conformity with quasi-judicial proceedings and shall permit the relevant testimony of witnesses, cross-examination, and presentation of relevant documents and other evidence. The hearing shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall pay the reasonable cost of preparing the record.
D. Not less than fourteen (14) days following the conclusion of the hearing, the City Manager or his designee shall send a written order by certified mail, return receipt requested, to the applicant at the address as shown on the application. The order shall include findings of fact and a final decision concerning the approval or denial of the application. In the event that the City Manager or his designee concludes that the application is approved, such approval shall constitute approval by the Department, and the applicant may seek issuance of a license in accordance with this Chapter.
E. 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. (Ord. O-2002-25 § 1, 2002).

5.25.060 Suspension or revocation of license
A. The City Manager or his designee may suspend, revoke, modify, or place conditions on the continuation of a license upon a finding that the Licensee has violated any of the provisions of this Chapter.
B. Nothing in this Chapter shall prohibit the City from taking any other enforcement action provided for by the Lakewood Municipal Code, the laws of the State of Colorado, or of the United States.
C. A licensee shall be entitled to a quasi-judicial hearing before the City Manager or his designee if the City seeks to suspend, revoke, modify or place conditions on a license based on a violation of this Chapter.
1. When there is probable cause to believe that a licensee has violated or permitted a violation of this Chapter to occur, the City Attorney may file a written complaint with the City Manager or his designee setting forth the circumstances of the violation.
2. The City Manager or his designee shall send a copy of the complaint by certified mail, return receipt requested, to the licensee at the address as shown on the license application, together with a notice to appear before the City Manager or his designee for the purpose of a hearing to be conducted at a specified date and time and at a place designated in the notice to show cause why the licensee's license should not be suspended, revoked, modified or subjected to new conditions. Such hearing shall be held on a date not less than fourteen (14) days following the date of mailing of the complaint and notice to the licensee. A licensee may be represented at the hearing by an attorney or other representative.
D. At the hearing, the City Manager or his designee shall hear and consider such evidence and testimony presented by the City enforcement officers, the City, the licensee, or any other witnesses presented by the City or the licensee which are relevant to the violations alleged in the complaint. The City Manager or his designee shall conduct the hearing in conformity with quasi-judicial proceedings and shall permit the relevant testimony of witnesses, cross examination, and presentation of relevant documents and other evidence. The hearing shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall pay the reasonable cost of preparing the record.
E. The City Manager or his designee shall make written findings of fact from the statements and evidence offered and shall reach a conclusion as to whether the alleged violations occurred. Such written findings and conclusion shall be prepared and issued not less than fourteen (14) days following the conclusion of the hearing. If the City Manager or his designee determines that a violation did occur which warrants suspension, revocation, modification or conditioning of the license pursuant to this section, he shall also issue an order suspending, revoking, modifying or placing conditions on the license. A copy of the findings, conclusion, and order shall be mailed to the licensee by certified mail, return receipt requested, at the address shown on the license application.
F. 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 findings, conclusion, and order or four (4) days following the date of mailing of the City Manager's or his designee's decision. The order of the City Manager or his designee shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4).
G. In the event of suspension, revocation, modification, conditioning, or cessation of business, no portion of the license fee shall be refunded.
H. Any person whose license is suspended, revoked, modified or conditioned under this section shall be required to pay the costs including, but not limited to, attorney fees, expert witness and/or consultant fees, incurred by the City to enforce this ordinance. (Ord. O-2002-25 § 1, 2002).

5.25.070 Compliance and enforcement
A. Inspections and Enforcement Authority. The City, through its Environmental Manager, his or her designee, and/or Code Enforcement Officers, shall conduct inspections, investigations, tests and/or audits of all crematories in the City at such times and under such circumstances as the City deems necessary. The Environmental Manager, his or her designee, and/or Code Enforcement Officers, are authorized to issue citations for violations of this ordinance. It shall be unlawful to hinder, prevent or refuse to permit any inspection, investigation, test and/or audit performed in connection with the provisions of this ordinance. In the event that entry into a crematory for the purpose of inspection or investigation is denied, the City may apply to the Municipal Court or the State District Court for a warrant to permit the entry, inspection or the collection of evidence.
B. Violations. Any failure to comply with this Chapter shall constitute a violation of this ordinance. Each incident, and each day, of non-compliance shall be separate violations. Each violation of this ordinance shall be punishable by the penalties set forth in Section 1.16.020. Additionally, violations of this ordinance are declared to be a nuisance within the meaning of Chapter 9.80 of the Lakewood Municipal Code.
C. Costs and Charges. Any person who violates this ordinance shall be required to pay the costs and expenses incurred by the City in any civil action to enforce this ordinance including, but not limited to, attorney, expert witness and consultant fees. Such costs and expenses may be collected by the City in any civil action brought to enforce this ordinance or separately in any action at law.
(Ord. O-2017-16 § 6, 2017; Ord. O-2002-25 § 1, 2002).


Chapter 5.26 - Concrete and Asphalt Plants
5.26.010. Definitions
Air Pollutant: One or more air pollutants defined by Colorado Revised Statutes § 25-7-103(1.5), as such statutory definition may be amended.
Application: A written application for a Concrete or Asphalt Plant license in a form approved by the City and including all supporting documentation and the Site Plan as described by section 5.26.030(C) and 5.26.030(D).
Asphalt Batch Plant (or Asphalt Plant): A facility used for the production of a mixture composed of aggregates and bituminous material that may include, but is not necessarily limited to one or more of the following: asphalt and aggregate, aggregate feeders, asphalt heater drum burners, loading facilities, material storage piles, vehicles and vehicular traffic, lime silos, fuel handling equipment, and fuel storage equipment.
City: The City of Lakewood, Colorado.
Concrete Batch Plant (or Concrete Plant): A facility used for the production of a mixture composed of aggregates, portland cement and water and which may include, but is not necessarily limited to one or more of the following: conveyor systems, feed hoppers, augers, silos, weigh hoppers, mixers, baghouses, elevated storage bins, storage piles, vehicles and vehicular traffic, fuel handling equipment, and fuel storage equipment.
Day: A twenty-four hour period of time from midnight to midnight, or other twenty-four hour period established in writing by the Department of Public Works
Department: The Department of Public Works of the City of Lakewood, Colorado.
Director: The Director of the Department of Public Works or his/her designee unless otherwise specified.
Emissions: The discharge or release into the atmosphere of one or more Air Pollutants.
Environmental Manager: The authorized person responsible for managing the Office of Environmental Management as established by Chapter 1.25 of the Lakewood Municipal Code.
Opacity: The degree to which an Air Pollutant obscures the view of a Qualified Observer, expressed in percentage of obscuration or the degree (expressed in percent) to which transmittance of light is reduced by the air pollutant.
Owner or Operator: Any person who owns, leases, operates, controls or supervises a Concrete or Asphalt Batch Plant (or part thereof) or the land on which such a plant is located.
Person: A natural person, joint venture, joint stock company, partnership, association, club, corporation, limited liability entity in any form, business, trust, organization or a manager, lessee, agent, servant, officer or employee of any of them.
Plant: All of the concrete or asphalt production activities, equipment, buildings, and facilities that are located on one or more contiguous or adjacent properties.
Qualified Observer: A person trained and certified to observe Opacity in accordance with the United States Environmental Protection Agency Method 9, 40 CFR Part 60, Appendix A-4, Method 9, as amended.
Site Plan: A document or group of documents containing sketches, text, drawing, maps, photographs and other material intended to present and explain certain elements of a proposed development, including but not limited to physical design, siting of building and structures, interior vehicular and pedestrian access, the provision of improvements and the interrelationship of these elements. A Site Plan shall be prepared in accordance with plan preparation criteria established by the City for Asphalt or Concrete Plants, which plan preparation criteria are attached as Exhibit A.
Transport Truck: A vehicle used in the carrying of raw materials, finished product, or waste materials to or from a Concrete or Asphalt Batch Plant. (Ord. O-2004-6 § 1, 2004).

5.26.020. Plant Operation Standards
A. Emissions from Concrete or Asphalt Batch Plants.
1. Emissions from a Concrete or Asphalt batch plant shall not exceed the following standards:
a. Twenty percent (20%) opacity during normal operation of the plant. For purposes of this section, "normal operation" shall mean all periods of operation other than daily initial startup of the plant or adjustment of air pollution control equipment.
b. Thirty percent (30%) opacity during periods of initial daily startup or adjustment of air pollution control equipment.
c. Opacity percentages for (a) and (b) above shall be measured by a Qualified Observer using the United States Environmental Protection Agency's Method 9 for the Visual Determination of the Opacity of Emissions from Stationary Sources, 40 CFR Part 60, Appendix A-4, Method 9, as such standards may be amended.
2. Compliance with the Emission provisions of this ordinance will be determined by a Qualified Observer from or retained by the City, Jefferson County, or the State of Colorado.
3. Emissions from material handling (i.e., loading; unloading, storage, transfer or hauling) shall be controlled at all times by the periodic or routine application of water to the surface of materials unless natural moisture is sufficient to control such Emissions.
B. Operations.
1. Hours of Operation: The hours of operation of any Concrete or Asphalt Plant, including all ancillary activities including, but not limited to the operation of equipment or truck engines or any plant equipment producing noise, but excepting on-site security operations, shall occur only as follows:
a. October 1 to May 31 between the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday, and between 7:00 a.m. and 9:00 p.m. on Sunday.
b. June 1 to September 30 between the hours of 5:00 a.m. and 9:00 p.m., Monday through Saturday, and between 7:00 a.m. and 9:00 p.m. on Sunday.
c. Applications for any temporary exemption from the provisions of this section shall be made to the City Manager or his designee. In approving or denying a temporary exemption, consideration shall be given to effective dates, hours of operation, type of noise, location, loudness, equipment noise characteristics and public health, safety and welfare. Any temporary exemption approved hereunder may provide for, without limitation, a public information program prior to operation under the exemption, restrictions on effective dates, hours of operation, type of noise, location, loudness and equipment type relating to that particular activity giving rise to the relief requested. The City Manager shall promptly notify the City Council of each temporary exemption approved.
2. Truck Routes: The Owner or Operator of any Concrete or Asphalt Plant shall submit to the City for approval a map showing pre-designated routes for all Transport Trucks traveling north, east, south and west between the plant and the nearest arterial street. The intent of this section is to control the route between the nearest arterial street and the plant, taking into consideration that the routes may be different depending on travel direction.
The route maps shall restrict to the greatest extent possible the routing of Transport Trucks so as to eliminate or minimize routes that traverse residential neighborhoods, that unreasonably and adversely impact residential dwelling units, or that damage or degrade public streets from repetitive heavy weights or the spillage of materials from Transport Trucks. No plant operations shall commence until the City has approved the truck route map as conforming to the requirements of this section. Once the route map is approved by the City, all Transport Trucks shall travel the approved routes as shown on the route map unless a temporary diversion is necessary to avoid emergency or hazardous conditions along the approved route. The Owner or Operator shall promptly contact the Director in the event of any circumstance necessitating a diversion from the route map.
3. Surface Paving and Drainage: All areas of any Concrete or Asphalt Plant site on which Transport Trucks, customers, or employee-owned vehicles park, travel, maneuver, load or unload shall be paved with asphalt or concrete in accordance with City approved construction and pavement designs prepared by a Colorado-licensed professional engineer specializing in the geo-technical field. Such designs shall use the design parameters specified in the City Engineering Regulations, Construction Specifications and Design Standards and shall consider the anticipated traffic volume and vehicle types traversing such paved areas.
a. The City Engineer is authorized to impose reasonable restrictions on the use of paved areas to ensure that any concrete or asphalt pavement remains undamaged by improper use. Such restrictions may include, but shall not be limited to, prohibiting use of specified paved areas by Transport Trucks, limiting access to specified paved areas by vehicles exceeding a specified weight, or requiring directional signage to prevent improper use of specified paved areas.
b. All areas of the Concrete or Asphalt Plant shall include City approved engineered plans for grading, curb and gutter, pipes, swales or other similar drainage works, all designed and built in accordance with the Lakewood Engineering Regulations, Design Standards and Construction Specifications. These drainage works shall direct rainfall and other surface water to a stormwater detention/water quality control pond. Specific areas of the plant site may be exempted from this requirement by the City Engineer if the City Engineer determines it is physically infeasible to direct water from such areas to a stormwater detention/water quality control pond.
4. Tracking of Dirt, Mud, and Materials on Public Streets: Concrete and Asphalt Plants shall employ measures to limit the tracking, carrying, or depositing of aggregates, fillers, dirt, dust, mud, sludge, or other materials associated with the Concrete or Asphalt Plant upon any public street or thoroughfare.
a. All Transport Trucks and equipment leaving a Concrete or Asphalt Plant shall be completely rinsed of asphalt, concrete, aggregates, fillers, dirt, dust, mud, sludge, or other Plant materials prior to leaving the site.
b. All liquid residues resulting from the cleaning of Transport Trucks and equipment as required by section 5.26.020 B 4a shall be directed to an impervious process holding basin(s) approved by the City.
(i) Such process basin(s) shall be hydraulically separate from the stormwater detention/water quality control facilities which are required by section 5.26.020 B 3b above and by other ordinances and regulations of the City.
(ii) All liquids from such process basin(s) shall either be recycled through the plant or discharged to the sanitary sewer system. The process basin(s) shall be designed, maintained and operated to meet applicable statutory and regulatory standards for discharge from such basin(s).
(iii) All residual material from process basins shall be collected and disposed of or recycled, all in accordance with applicable laws and regulations.
(iv) After issuance of a license from the City per section 5.26.030, records evidencing proper disposition of residue material must be maintained on-site in a place that is reasonably safe from theft or destruction and made available upon reasonable request for City inspection. The record retention time shall be three (3) years for all records created after issuance of a license by the City.
c. Notwithstanding 5.26.020 B.3.b. and 5.26.020 B.4.b., the functions of a stormwater detention/water quality control pond and liquid residue process holding basin(s) may, with the approval of the City, be combined into a single facility where it can be demonstrated to the City that such a single facility will meet the discharge and water quality requirements provided for in 5.26.020 B.3.b. and 5.26.020 B.4.b.
5. Sweeping of Public Roads and Plant Pavement: If, on public roadways, there are visible tracks or deposits of aggregates, fillers, dirt, dust, mud, sludge, or any other material associated with the operation of a Concrete or Asphalt Plant along the travel path of vehicles exiting the plant site, all such public road(s)) shall be swept by the Owner or Operator at least once each day of operation or more often as reasonably required by the City to remedy and remove the tracking and deposit of aggregates, fillers, dirt, dust, mud, sludge, or any other material associated with the operation of a Concrete or Asphalt plant. The paved areas of the plant premises shall also be swept at least once each day of operation or more often as reasonably required by the City during plant operation hours when airborne dust from paved surfaces is crossing the property line of the plant premises. All such sweeping shall be done by a commercial grade mechanical, vacuum or regenerative air sweeper that uses water for controlling dust and is capable of removing caked?on debris from a paved surface with rotating brooms and which has an onboard storage hopper for debris that can be dumped off-site or into a truck. The Owner or Operator shall keep a daily written log of sweeping activities. The record retention time for the written log shall be one month for all sweeping records created after issuance of a license by the City.
C. Permits Required.
The Owner or Operator of any Concrete or Asphalt Plant shall obtain and shall maintain valid and current all federal, state, and local permits, authorizations, and certifications required for the operation of the Concrete or Asphalt Plant including, but not limited to Stormwater Industrial Discharge Permit(s), Process Water Industrial Permit(s), Air Permit(s) and Construction Permit(s).
D. Site Plan Required.
All Concrete or Asphalt Plant sites shall be improved in complete conformance with a City-approved Site Plan (as defined by section 5.26.010) and meeting the requirements of this Chapter, the Zoning Ordinance, the Lakewood Engineering Regulations, Construction Specifications and Design Standards and other applicable ordinances and regulations of the City. To obtain a license to operate a Concrete or Asphalt Plant from the City, the Owner or Operator shall meet all of the following requirements:
1. Obtain City approval of a Site Plan for the Concrete or Asphalt Plant in accordance with this Chapter.
2. Construct all site improvements shown on the City approved Site Plan.
3. Obtain final approval by the City of the constructed improvements.
4. Comply with all standards of this Chapter, City zoning, building, fire, and safety codes, and with the air quality and hazardous waste laws of, the State of Colorado and the United States. (Ord. O-2004-6 § 1, 2004).

5.26.030. License Required
A. License Required for All Concrete or Asphalt Plants. It shall be unlawful to operate a Concrete or Asphalt Plant without the Owner or Operator first having obtained a license issued by the City's Department of Public Works ("Public Works Department") with the written concurrence of the City's Environmental Manager. License fees for the operation of a Concrete or Asphalt plant shall be established, and from time to time may be changed, by resolution of the City Council.
B. License Conditions and Requirements Authorized. The City may impose conditions and requirements on the issuance of a license that are reasonably necessary to ensure the operation of the Concrete or Asphalt Plant in accordance with this Chapter, the Zoning Ordinance, the Lakewood Engineering Regulations, Design Standards and Construction Specifications, other applicable ordinances and regulations of the City and state and federal laws and regulations.
C. License Application - Existing Asphalt or Concrete Plant. All Concrete or Asphalt Plants existing within the City at the time this ordinance is enacted shall submit and process an Application for a license in accordance with the following procedure:
1. Within 10 days after the effective date of this ordinance, the Owner or Operator shall contact, schedule, and meet with the City for pre-planning and discussion of the submission requirements of an Application as set forth in this Section 5.26.030 (C).
2. Within 75 days after meeting with the City in accordance with C1 above, the Owner or Operator shall submit all documentation and information identified below. The City may, at its discretion and upon a finding that such information is not required for the processing of an application for licensure of an existing Concrete or Asphalt Plant, waive or modify one or more identified Application submittal requirements. Any waiver of modification shall be effective only if made in writing by the City and any such waiver(s) shall be applicable only to the application under consideration.
a. An Application in a form approved by the City which shall include identification, address, and contact information for the Owner or Operator of the Concrete or Asphalt Plant;
b. Payment of all application or processing fees imposed for the application;
c. A title commitment dated not less than one (1) month from the date of application submittal evidencing the ownership and encumbrances of the property upon which all operations associated with the Concrete or Asphalt Plant are located;
d. Evidence that any necessary state and federal permits are current and valid for the Concrete or Asphalt Plant;
e. A route map illustrating the routes of Transport Trucks to and from the Concrete or Asphalt Plant as described in detail in Section 5.26.020 B 2;
f. An operational plan specifying the hours and days of operation, a sweeping plan for public roads and plant pavement specifying equipment for such sweeping, shift arrivals and departures, staffing requirements, and general security measures. Documentation pertaining to security measures may be marked as "confidential";
g. Listing of the names and addresses of all Concrete or Asphalt Plants within Colorado owned or operated by the Owner or Operator of the Concrete or Asphalt Plant;
h. A summary description of all prior violations, within the previous three years, of federal, state and local laws or regulations for the asphalt or concrete plants listed as required in g) above pertaining to zoning, land use, environment or environmental protection, business licensing and plant operations. The Owner or Operator shall include a written explanation of the procedures or methods to be employed at the existing Concrete or Asphalt Plant to avoid or prevent similar violations as those experienced at the asphalt or concrete plants listed;
i. A detailed Site Plan prepared in accordance with the plan preparation criteria established by the City for Asphalt or Concrete Plants, which plan preparation criteria are attached as Exhibit A; and
j. Any other information or documentation reasonably required by the City to demonstrate or ensure conformance with the requirements and standards of this Chapter, the City of Lakewood Municipal Code, the City Engineering Regulations, Construction Specifications and Design Standards, the City building, fire, and safety codes, and with the air quality and hazardous waste laws of the State of Colorado and the United States.
3. Within 15 days after receiving an Application, the City shall mail written comments to the Owner or Operator via certified mail, return receipt requested, detailing specific deficiencies in the Application, if any, and identifying the corrective actions which must be taken by the Owner or Operator to remedy such deficiencies.
4. Within 15 days following receipt of the City's written comments, the Owner or Operator shall correct all noted deficiencies in the Application in the manner specified by the City's written comments and shall return the corrected Application to the City for further review. Failure of the Owner or Operator to timely correct cited deficiencies shall result in the denial of the Application.
5. Within 15 days following receipt of the corrected Application, the City shall conditionally approve a complete and properly corrected Application where the City finds that the Concrete or Asphalt Plant is operating or will operate in compliance with this Chapter and any applicable law or regulation following completion of the site plan improvements as provided in this Chapter. In addition to any other conditions necessary to ensure conformance with this Chapter and applicable law, the City's conditional approval shall include a condition that all improvements illustrated in the approved Site Plan and other associated studies and reports shall be constructed within 240 days after the effective date of this ordinance. The City may administratively deny a license to operate a Concrete or Asphalt Plant where the City
finds that: (a) the Owner or Operator failed to demonstrate to the City that the Concrete or Asphalt Plant will operate in compliance with this Chapter or any applicable law or regulation; (b) the Owner or Operator failed to submit to the City any information reasonably required; or (c) the Owner or Operator has a record of violation or noncompliance with laws and regulations applicable to the operation of a Concrete or Asphalt Plant located in the City or of a Concrete or Asphalt Plant in another location. Any denial shall be in writing, contain a description of the reasons for the denial, and shall be sent to the Owner or Operator by certified mail, return receipt requested, at the Owner's or Operator's address as specified in the Application. An Owner or Operator shall have thirty (30) days from the date of mailing of a denial within which to correct all cited deficiencies. If the needed corrections are not made within the allowed period, the denial of the Application shall be deemed final.
6. Within 10 days following City's conditional approval of the application, the Owner or Operator shall begin construction of the improvements shown in the Site Plan and shall complete all such improvements to the satisfaction of the City within 240 days after the effective date of this ordinance.
7. The City may enter into a written agreement with an Owner or Operator to extend the deadline for completion of improvements or phase the construction and completion of required improvements. Any such extension or phasing of construction shall be approved by the City only when the Owner or Operator demonstrates to the City by competent evidence that: (a) the extension or phasing is necessary due to circumstances beyond the control of the Owner or Operator; and (b) reasonable efforts have been employed by the Owner or Operator to obtain the license without undue delay; and (c) the delay in completion or phasing of completion of improvements will not significantly impair the health and safety of the public.
8. Upon completion of all improvements shown or described on the site plan and other associated studies and reports, and approval of such improvements by the City, an unconditional license shall be issued.
D. License Application - New Concrete or Asphalt Plant.
1. Application Requirements. Any Owner or Operator who wishes to obtain a license to operate a new Concrete or Asphalt Plant shall demonstrate to the City that the Concrete or Asphalt Plant will be located, constructed, and operated in compliance with this Chapter and with all applicable laws and regulations. An Owner or Operator for a license shall submit to the Public Works Department the following documentation or information:
a. An Application in a form approved by the City which shall include identification, address, and contact information for the Owner or Operator, of the proposed Concrete or Asphalt Plant;
b. Payment of all application or processing fees imposed for the application;
c. A title commitment dated not less than one (1) month from the date of application submittal evidencing the ownership and encumbrances of the property upon which all operations associated with the proposed Concrete or Asphalt Plant will be located;
d. Evidence that any necessary state and federal permits are current and valid or will be obtained prior to construction of the Concrete or Asphalt Plant;
e. A route map illustrating the routes of Transport Trucks to and from the Concrete or Asphalt Plant as described in detail in Section 5.26.020 B 2;
f. An operational plan specifying the hours and days of operation, a sweeping plan for public roads and plant pavement specifying equipment for such sweeping, shift arrivals and departures, staffing requirements, and general security measures. Documentation pertaining to security measures may be marked as "confidential";
g. Listing of the names and addresses of all Concrete or Asphalt Plants within Colorado owned or operated by the Owner or Operator of the proposed Concrete or Asphalt Plant;
h. A summary description of all prior violations of federal, state and local laws or regulations, within the previous three years, for the asphalt or concrete plants listed as required in g) above pertaining to zoning, land use, environment or environmental protection, business licensing and plant operations. The Owner or Operator shall include a written explanation of the procedures or methods to be employed at the proposed Concrete or Asphalt Plant to avoid or prevent similar violations as those experienced at the asphalt or concrete plants listed;
i. A detailed Site Plan prepared in accordance with plan preparation criteria required by the City for Asphalt or Concrete Plants, which plan preparation criteria are attached as Exhibit A; and
j. Any other information or documentation reasonably required by the City to demonstrate or ensure conformance with the requirements and standards of this Chapter, the City of Lakewood Municipal Code, the City Engineering Regulations, Construction Specifications and Design Standards, the City building, fire, and safety codes, and with the air quality and hazardous waste laws of the State of Colorado and the United States.
2. Application Completeness Review. Upon receipt of an Application, the Public Works Department shall determine whether the application submitted constitutes a complete application. Such determination shall be made within forty five (45) days of the City's receipt of the Application and within the 45 days the City shall notify the Owner or Operator in writing of the completeness of the Application and shall provide specific information regarding any deficiencies identified.
3. Application Review. The Public Works Department shall administratively approve, approve with conditions, or deny an application for issuance of a new license within 30 days from the date the Application is deemed complete by the City. Any approval or conditional approval shall include a condition that all improvements illustrated in the approved Site Plan or described in the approved Application shall be constructed by the Owner or Operator and approved by the City prior to issuance of a license. The City may administratively deny a license to operate a Concrete or Asphalt Plant where the City finds that: (a) the Owner or Operator failed to demonstrate to the City that the Concrete or Asphalt Plant will operate in compliance with this Chapter or any applicable law or regulation; (b) the Owner or Operator failed to submit to the City any information reasonably required; or (c) the Owner or Operator has a record of violation or noncompliance with laws and regulations applicable to the operation of a Concrete or Asphalt Plant located in the City or of a Concrete or Asphalt Plant in another location. Any denial shall be in writing, contain a description of the reasons for the denial, and shall be sent to the Owner or Operator by certified mail, return receipt requested, at the Owner's or Operator's address as specified in the Application. An Owner or Operator shall have thirty (30) days from the date of mailing of a denial within which to correct all cited deficiencies. If the needed corrections are not made within the allowed period, the denial of the Application shall be deemed final. If the Owner or Operator corrects the deficiencies to the reasonable satisfaction of the City and in accordance with this Chapter, the denial shall be retracted and such application shall be approved. (Ord. O-2004-6 § 1, 2004).


5.26.040 Transfer of License
Any person who purchases or otherwise acquires control of a Concrete or Asphalt Plant shall notify the City in writing of the change of ownership or control, including in the notice the effective date of the change as well as the name, address and telephone number of the new Owner or Operator. Such notice shall be provided to the City's Environmental Manager no more than ten (10) days after the effective d