CHAPTER 11
Streets, Sidewalks and Public Property
Article I Streets and Sidewalks
Sec. 11-1-10 Alteration of street improvements
Sec. 11-1-20 Deposit of snow and ice on public roadway
Sec. 11-1-30 Removal of snow, ice and debris from sidewalks; notice and removal; nuisance
Sec. 11-1-40 Violation; penalty
Article II Construction Specifications
Sec. 11-2-10 Purpose
Sec. 11-2-20 Jurisdiction
Sec. 11-2-30 Fees
Sec. 11-2-40 Violations
Sec. 11-2-50 Penalties
Sec. 11-2-60 Adoption
Article III Nonpayment of Assessments
Sec. 11-3-10 Purpose
Sec. 11-3-20 Imposition of lien and certification
Article IV Parades, Rallies, Block Parties and Special Events
Sec. 11-4-10 Definitions
Sec. 11-4-20 Permits required
Sec. 11-4-30 Parade for commercial purposes prohibited
Sec. 11-4-40 Interference with parade, rally or special event
Sec. 11-4-50 Application for permit
Sec. 11-4-60 Issuance or denial of a permit application
Sec. 11-4-70 Contents of permit
Sec. 11-4-80 Appeal procedure
Sec. 11-4-90 Officials to receive notice
Sec. 11-4-100 Revocation of permit and reinstatement
Sec. 11-4-110 Responsibilities of special event/block party sponsor
Sec. 11-4-120 Penalties
Article V Snow Routes
Sec. 11-5-10 Definitions
Sec. 11-5-20 Designation of snow routes
Sec. 11-5-30 Enforcement
Sec. 11-5-40 No liability
Sec. 11-5-50 Violation; penalty
ARTICLE I
Streets and Sidewalks
Sec. 11-1-10. Alteration of street improvements.
(a) It is unlawful for any person other than the Town to construct, reconstruct, repair, alter, remove, grade, block or otherwise impede vehicular and/or pedestrian traffic on any public sidewalk, curb walk, curb cut, gutter, driveway, alley, street or any other public street or way of the Town except when:
(1) Such conduct is authorized by an official permit issued by the Department of Public Works; and
(2) Such conduct is performed in compliance with the provisions and conditions of such official permit and applicable provisions of the street specifications adopted by the Town, as well as any other conditions imposed by the Town.
The Board of Trustees hereby finds and declares that all public rights-of-way shall be open and unobstructed (passable) so as to allow vehicular and/or pedestrian traffic to use said public rights-of-way.
(b) An applicant for a permit under this Article shall file with the Department of Public Works an application showing:
(1) Name and address of the owner or agent in charge of the property abutting the proposed work area;
(2) Name and address of the party performing the work;
(3) Location of the work area;
(4) Attached plans showing details of the proposed alterations.
(5) Estimated cost of the alteration; and
(6) Such other information as the Department of Public Works finds reasonably necessary to the determination of whether a permit should be issued under this Article.
(c) When driveway slabs or sidewalks to a residence are constructed in public right-of-ways between the property line and inside edge of the sidewalk, a nonfee permit will be issued through the Town Clerk's office. All slabs and sidewalks shall be ready-mix concrete with a design strength of three thousand (3,000) p.s.i. poured on a compacted sub-base to a minimum depth of four (4) inches. Driveway slabs shall be reinforced with six-inch-by-six-inch No. 10 wire mesh. Tool joints and expansion joints will be required to minimize cracking of slab or sidewalk. Work shall be inspected by the Public Works Department or Town agent. It is the property owner's responsibility to maintain such improvements in a safe condition.
(d) Any person required to obtain a permit under this Section shall be responsible for the repair and maintenance of the work performed by it pursuant to the permit for a period of one (1) year commencing from the date of acceptance of the work by Town. Should the holder of the permit fail to perform any such repair or maintenance, or fail to complete the work, the Town may perform the necessary repair or maintenance or complete the work; in which case the holder of the permit shall be responsible financially for the actual cost thereof, including five percent (5%) for inspection, a minimum fee of fifty dollars ($50.00) and other incidental costs on connection therewith, and all costs incurred by the Town in collecting such costs, including attorney fees and court costs. In the alternative, the Town may proceed against any bond required by Subsection (e) below.
(e) The following bond surety, escrow or cash shall accompany an application for a permit hereunder:
(1) The Department of Public Works shall require a maintenance and construction bond surety, escrow or cash to be filed with the application for a permit hereunder in an amount equal to one hundred percent (100%) of the estimated cost of the project, and conditioned that such work shall be performed and completed in compliance with the provisions and conditions of the permit and the applicable provisions of the Town street specifications, and that the work performed will be required and maintained for a period of one (1) year commencing from the date of completion of the work. Upon completion of the work and its acceptance by the Town, the Town will release one-half (½) of said bond surety, escrow or cash. Upon expiration of the one-year warranty period, Town will release the balance of any remaining bond, surety, escrow or cash, which has not been used for the repair or maintenance of the project.
(2) The Department of Public Works shall have the authority to require an applicant hereunder to file a bond conditioned to protect and save harmless the Town from all claims for damages or injury to other persons by reason of the work performed.
(3) Agencies of the Town are exempt from posting any bond.
(f) All operations for which a permit is granted hereunder shall be under the direction and supervision of the Department of Public Works.
(g) It is unlawful for any person to install, construct or affix in or upon any gutter in the Town any structure, fixture or appliance which impedes, obstructs or prevents the flow of storm drainage through such gutter, without first obtaining the written authorization of the Department of Public Works. (Prior code 8-1.1; Ord. 00-07 §1; Ord. 01-20)
Sec. 11-1-20. Deposit of snow and ice on public roadway.
(a) It is unlawful to remove any snow or ice from private property, including but not limited to any parking lot, sidewalk, road or driveway, and deposit or dump the same upon or into a public sidewalk, street, road or highway.
(b) Except for Town employees or Town-designated contractors, it is unlawful to remove any snow or ice from any public property, including but not limited to any parking lot, sidewalk, road or driveway, and deposit or dump the same upon or into a public sidewalk, street, road or highway. (Ord. 09-01 §1)
Sec. 11-1-30. Removal of snow, ice and debris from sidewalks; notice and removal; nuisance.
(a) Every person in charge or control of any building or lot of land within the Town fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee or otherwise, shall remove and clear away, or cause to be removed and cleared away, snow and ice from so much of such sidewalk as is in front or abuts on such building or lot of land, within forty-eight (48) hours after the cessation of any fall of snow, sleet or freezing rain, and shall then, as soon thereafter as weather permits, cause sidewalks to be thoroughly cleaned, including any debris thereon.
(b) In the event snow and ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person or entity in charge of its removal shall, within forty-eight (48) hours after the cessation of any fall of snow, sleet or freezing rain, cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe, and shall then, as soon thereafter as weather permits, cause such sidewalk to be thoroughly cleaned.
(c) As used in this Section, the term sidewalk means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.
(d) Notice and removal; nuisance.
(1) The existence of snow, ice and debris on sidewalks in the Town in violation of the provisions of this Section is declared to be a public nuisance.
(2) Whenever an officer charged with the duty of enforcing this Section has knowledge of conditions in violation of this Section, but no person can be found in or upon the building or lot of land fronting or abutting on the sidewalk upon which such conditions exist, such conditions constituting a nuisance may be abated with notice under the provisions of Chapter 7 of this Code at the expense of the owner or such building or lot of land.
(3) Whenever any conditions constituting a nuisance under the provisions of this Section are found in existence more than twenty-four (24) hours after delivery of such notice or notification thereof for a person or entity charged with its removal, such nuisance may be abated without notice under the provisions of nuisance abatement at the expense of the person or entity charged with removal of snow, ice and debris. (Prior code 3-2-5.4; Ord. 05-02 §1)
Sec. 11-1-40. Violation; penalty.
Violations of this Article shall be punishable as set forth in Section 1-4-20 of this Code. (Prior code 8-1.2; Ord. 01-20)
ARTICLE II
Construction Specifications
Sec. 11-2-10. Purpose.
It is purpose of this Article to establish standards and specifications for streets, sidewalks, curbs and gutters within the Town in order that, through careful design and quality workmanship and materials, the safety of those using Town streets and sidewalks may be promoted. (Prior code 8-2.1)
Sec. 11-2-20. Jurisdiction.
These regulations shall apply to all public streets, sidewalks, curbs, gutters, storm drains and bicycle paths within the Town. If different sections of the specifications should require materials, methods of construction or other requirements, the most restrictive shall apply. (Prior code 8-2.2)
Sec. 11-2-30. Fees.
The Board of Trustees may establish and adopt a schedule of fees to be paid by the developer/builder to defray the expenses of the Town in reviewing plans and/or inspecting work. Further, the Town may charge a reasonable fee for copies of these specifications. (Prior code 8-2.3)
Sec. 11-2-40. Violations.
No streets, sidewalks, curbs, gutters, storm drains or bicycle paths shall be constructed in violation of this Article or amendments thereto without express approval from the Board of Trustees. The Board, through the Town Attorney and court of appropriate jurisdiction may initiate legal action to prevent, abate or remove such unlawful construction in addition to any other remedies provided by law. (Prior code 8-2.4)
Sec. 11-2-50. Penalties.
Any person, whether as principal, agent, employee or otherwise, who violates any of the provisions of the Elizabeth Standard Construction Specifications for Public Works shall be fined as set forth in Section 1-4-20 of this Code. (Prior code 8-2.5; Ord. 01-20)
Sec. 11-2-60. Adoption.
The Town, through its Board of Trustees, hereby adopts by reference the Elizabeth Standard Construction Specification for Public Works, published by the Town. One (1) copy of said Specifications shall be maintained on file at the office of the Town Clerk and may be inspected during regular business hours, the same being adopted as if set out at length in this Article. (Prior code 8-2.6; Ord. 01-20)
ARTICLE III
Nonpayment of Assessments
Sec. 11-3-10. Purpose.
The purpose of this Article is to provide rules and regulations regarding the payment of assessments upon adjacent or abutting real property which real property is benefited by the construction or maintenance of sidewalks, curbs, gutters, grading of streets, improvement of streets and alleys and such other public property and improvements as are permissible by statute. (Prior code 8-4.1)
Sec. 11-3-20. Imposition of lien and certification.
It is hereby determined that assessments imposed by the Town pursuant to Section 31-15-101 et seq., C.R.S., shall be due and payable upon invoice by the Town unless the ordinance establishing such assessments provides otherwise. In the event such assessments are still unpaid sixty (60) days after invoice by the Town has been mailed by U.S. mail, postage prepaid, to the real property address which is subject to the assessment, such assessment shall constitute a lien against the property pursuant to statute. In addition, it may be certified by the Town Clerk to the County Treasurer who shall collect the assessment, together with a ten-percent penalty for cost of collection, in the same manner as other taxes are collected. (Prior code 8-4.2)
ARTICLE IV
Parades, Rallies, Block Parties and Special Events
Sec. 11-4-10. Definitions.
As used in this
Article, the following terms shall have the following meanings:
Block party means the gathering of any group of ten (10) or more persons in the public right-of-way in any residential neighborhood for the purposes of holding a picnic, party, celebration or other event for which the safety of the participants can be protected by the placement of barricades or other street-closure apparatus.
Parade means any march or procession consisting of people, animals or vehicles, or any combination thereof, except funeral processions and motorcades of the United States Armed Services, Colorado Armed Forces, Town police and Elizabeth Fire District, upon any public street, highway, sidewalk, alley or public right-of-way which does not comply with normal and usual traffic regulations or controls.
Person means
every natural person, firm, partnership,
association or corporation.
Rally means the gathering of any group of natural persons in a single
location on a public street, sidewalk, alley, right-of-way or park for the
purpose of expressing speech protected by the First Amendment of the United
States Constitution.
Special event means the gathering or planned gathering of
any group of ten (10) or more persons in or upon any public right-of-way,
public facility or other property owned by the Town, or upon privately owned
property where such event is likely to impact the normal flow of pedestrian or
vehicular traffic on a public right-of-way.
(Ord. 01-23 §1)
Sec. 11-4-20. Permits required.
It shall be
unlawful for any person to conduct a parade, block party, rally or special
event or to knowingly participate in any such parade, block party, rally or
special event unless and until a permit to conduct such parade, block party,
rally or special event has been obtained from the Town Administrator. (Ord. 01-23 §1)
Sec. 11-4-30. Parade for commercial purposes prohibited.
No permit shall be issued authorizing the conduct of a parade which the Town Administrator finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise or event, and is designed to be held purely for private profit. A school, governmental agency, civic or social organization, or other similar entity, is the only entity which shall be considered for a parade permit. (Ord. 01-23 §1)
Sec. 11-4-40. Interference with parade, rally or special event.
No person shall knowingly join or participate in any
parade, rally or special event conducted under permit in violation of any of
the terms of said permit, nor knowingly join or participate in any permitted
parade, rally or special event without the consent or over the objection of the permittee, nor in any manner
that interferes with or obstructs its progress or conduct. (Ord. 01-23 §1)
Sec. 11-4-50. Application for permit.
(a) Any person
who wishes to conduct a parade or rally, or hold or sponsor a block party,
shall apply to the Town Administrator for a permit at least fifteen (15) days
in advance of the date of the proposed
event. The Town Administrator may, in
his or her discretion, consider any application for any such parade, rally or
block party which is submitted less than fifteen (15) days prior to the date of
the proposed event. The application for
such permit shall be made in writing upon the form approved by the Town
Administrator. The application shall
contain the following information:
(1) The name of the applicant, the sponsoring organization, the parade/rally chairperson, or person sponsoring the block party, and the addresses and telephone numbers of such persons;
(2) For a parade or rally: The purpose of the proposed event, the date when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, the route to be traveled and the approximate times when the parade/rally will assemble, start and terminate;
(3) For a block party: The date when it is proposed to be conducted, the location of the area in which the block party shall be confined and the start and termination of the block party;
(4) An estimate of the number of persons, floats, marching units, vehicles and bands, and a detailed description of any sound amplification equipment to be used;
(5) For a block party, the application must be accompanied by the signatures from persons of at least ten (10) separate residences within the proposed area in which the block party is to be confined, acquiescing to the holding of the proposed block party on the date and time indicated in the application; and
(6) Such other information as the Town Administrator may deem reasonable and necessary.
(b) Any person who wishes to sponsor, conduct or hold a special event shall apply to the Town Administrator for a permit at least sixty (60) days in advance of the date of the proposed event. The Town Administrator may, in his or her discretion, consider any application for any such special event which is submitted less than sixty (60) days prior to the date of the proposed event. The application for such permit shall be made in writing upon the form approved by the Town Administrator. The application shall contain the information enumerated under Subsection (a) of this Section, inclusive.
(c) No permit issued under this Article shall extend beyond December 31 of the year in which it is issued, unless application therefor was submitted no later than thirty (30) days before the date of the proposed event. (Ord. 01-23 §1)
Sec. 11-4-60. Issuance or denial of a permit application.
(a) Standards for issuance of parade/rally/ special event permit. The Town Administrator shall issue a parade, rally or special event permit conditioned upon the applicant's written agreement to comply with the terms of such permit and this Article, unless the Town Administrator finds the following:
(1) The time,
route or size of the parade, rally or special event will disrupt to an
unreasonable extent the movement of
other traffic;
(2) The parade,
rally or special event is of a size or nature that requires the diversion of so
great a number of police officers of the Town to properly police the line of movement and the area contiguous thereto that allowing the
parade, rally or special event would deny reasonable police protection to the
Town; or
(3) Such parade, rally or special event will interfere with another parade, rally or special event for which a permit has previously been issued.
(4) The applicant for such parade, rally or
special event fails to provide proof of comprehensive liability insurance
acceptable to the Town for the parade, rally or special event, in the minimum
amount of one hundred fifty thousand dollars ($150,000.00) per person, and six
hundred thousand dollars ($600,000.00) per occurrence, or such additional
amount that may be determined by the Town based on the nature or scope of the
event.
(b) Standards for issuance of block party permit. The Town Administrator shall issue a block party permit conditioned upon the applicant's written agreement to comply with the terms of such permit and this Article, unless the Town Administrator finds the following:
(1) The time or size of the block party will disrupt to an unreasonable amount the traffic through main arterial or collector streets;
(2) The block party is of a size or nature that requires the diversion of so great a number of police officers of the Town to properly police the block party that allowing the block party to proceed would deny reasonable police protection to the Town; or
(3) A permit for a block party in the same or contiguous street or right-of-way has already been issued for the same date and time.
(c) Standards for denial. The Town Administrator shall deny an application for a permit available under this Article and notify the applicant of such denial if the Town Administrator finds the following:
(1) The Town Administrator makes any finding contrary to the findings required to be made for the issuance of a permit set forth in Subsection (a) above;
(2) The information contained in the application is found to be false or nonexistent in any substantive or material detail; or
(3) The applicant refuses to agree to abide by or comply with all conditions of the permit or this Article. (Ord. 01-23 §1)
Sec. 11-4-70. Contents of permit.
(a) In each permit the Town Administrator shall specify:
(1) The assembly area and time therefor;
(2) The starting time;
(3) The route of the parade or description of the location of the rally, special event or block party, including whether barricades will be used, and a description of how the rally, special event or block party will be barricaded, if necessary;
(4) The disbanding area and time therefor;
(5) The nature of the police protection, or a finding that no police protection is necessary; and
(6) Such other
requirements as are found by the Town Administrator to be reasonably necessary for the protection of
persons or property.
(b) All conditions of the permit shall be complied with so far as reasonably practicable. (Ord. 01-23 §1)
Sec. 11-4-80. Appeal procedure.
Upon denial by the Town Administrator of an application
made pursuant to this Article, the applicant may file a written notice of
appeal from the determination of the Town Administrator with the Town Clerk
within five (5) days thereafter. Such
appeal shall be heard before the Board of Trustees. Upon such appeal, the Board of Trustees may
reverse, affirm or modify in any regard
the determination of the Town Administrator.
Pursuit of an appeal under this Section is a prerequisite to seeking judicial
relief. (Ord. 01-23 §1)
Sec. 11-4-90. Officials to receive notice.
Immediately upon the granting of a permit for a parade, block party or rally, the Town Administrator shall send a copy thereof to the following persons:
(1) The Board of Trustees;
(2) The Fire Chief for the Elizabeth Fire District;
(3) The Chief of Police;
(4) The Public Works Director; and
(5) The Town Clerk. (Ord. 01-23 §1)
Sec. 11-4-100. Revocation of permit and reinstatement.
Any permit for a parade issued pursuant to this Article may be summarily revoked by the Town Administrator at any time when by reason of disaster, public calamity, riot or other emergency, the Town Administrator determines that the safety of the public or property requires such revocation. Notice of such revocation shall be delivered in writing to the permittee by personal service or by certified mail, return receipt requested. Any permit revoked pursuant to this Section may be reinstated if the basis for the revocation no longer exists. (Ord. 01-23 §1)
Sec. 11-4-110. Responsibilities
of special event/block party sponsor.
The sponsor of the application for a special event or block party shall be responsible to coordinate with the Police Department for the barricading or blocking of the right-of-way, where applicable, to prevent the travel of motor vehicles through the special event or block party site, and shall be responsible for paying the costs of any barricades and additional police protection, if such barricades or additional police protection are deemed necessary by the Town Administrator. (Ord. 01-23 §1)
Sec. 11-4-120. Penalties.
It shall be unlawful to violate any section of this
Article IV. Any violation of this
Article shall, upon conviction or entry of a guilty or no-contest plea, be
punished by a fine not to exceed four hundred ninety-nine dollars ($499.00), or
by fifteen (15) days in jail, or by both such fine and jail. (Ord.
01-23 §1)
ARTICLE V
Snow Routes
Sec. 11-5-10. Definitions.
As used in this Article, the following terms shall have the following meanings unless the context indicates otherwise:
Street or highway means the entire width between the boundary lines of every way publicly maintained and open to the use of the public, as a matter of right, for the purpose of vehicular travel. (Ord. 07-14 §1)
Sec. 11-5-20. Designation of snow routes.
No on-street
parking from November 1 to May 1 shall be allowed on any street or highway, or
portion of a street or highway, as designated by resolution of the Board of
Trustees. Such designation of snow
routes shall be identified by appropriate and visible signage providing that
the designated snow routes are no parking areas. (Ord. 07-14 §1)
Sec. 11-5-30. Enforcement.
(a) Any peace officer of the Town may issue a
citation for any violation of Section 11-5-20 above.
(b) Any peace officer of the Town may also order
the removal of any vehicle which is in violation of Section 11-5-20 and for
which a citation has been issued prior pursuant to Subsection (a) of this
Section. The vehicle shall be removed,
at the owner's expense, to the nearest place where, in the judgment of the
director or the peace officer, the vehicle will not obstruct a snow route. (Ord. 07-14 §1)
Sec. 11-5-40. No liability.
The Town shall
not be liable, and no officer, employee or agent of the Town shall be liable,
for any damages resulting from any act or omission in any way connected with
the removal of a vehicle pursuant to this Article. (Ord. 07-14 §1)
Sec. 11-5-50. Violation; penalty.
(a) Violations of this Article shall be punishable
as set forth in Section 1-4-20 of this Code.
(b) Each day or portion of a day such violation
continues shall be considered a separate offense. (Ord. 07-14 §1)