HomeMy WebLinkAbout10-20-1999
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COMMERCIAL CORE & LODGING COMMISSION
REGULAR MEETING
SISTER CITY ROOM - CITY HALL
OCTOBER 20. 1999
8:30 I. Roll call and approval of October 6th
minutes.
II. Commissioner Comments
III. Newsracks
IV. Adjourn
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ISSUES - clowns telling music students to get off the mall and
that this space is theirs!!!!
Jan 2000 - When business licenses go out attach info on deliveries
and work with Sara and Cheryl on sign code and encroachment
information for businesses. No furniture in public right away - can
get an encroachment but minimum sidewalk area must be
maintained.
Line Item in the amp for Wagner Park year 2000 -750,000
Delivery vehicle ordinance - define delivery vehicles;
changing non-delivery time from 8:00 p.m. to 9:00 p.m.
Deal with exemption problems
Independence Bldg. - The air conditioners have been on the
building forever.
Pending Issues
Jeff Woods from the parks department will come to the CCLC
meeting after Labor Day to discuss the design for Wagner Park.
Two members from the committee will be appointed to a task force
for the design. No design has been implemented yet. Sketches are
floating around but in theory only.
DEPP funding for Phase II
Council has always wanted to wait until Phase I is completed.
There is no money available for Galena Street phase two. 6 to 14
million.
ORDINAl~CE NO. ~ S
(Series of!~)
AN ORDINANCE MAKING IT UNLAWFUL TO PLACE, MAINTAIN OR OPERATE A
NEWSRACK IN THE PUBLIC RIGHT-OF-WAY WITHOUT FIRST OBTAINING A
PERMIT AND REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC RIGHT-
OF-WAY, BY AMENDING TITLE 21 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN, COLORADO, BY ADDING CHAPTER 34.
WHEREAS, a necessary predicate to freedom of speech and freedom of press is the
freedom to disseminate ideas, information and newspapers in public places; and,
WHEREAS, the distribution of newspapers through newsracks is protected under the
Bill of Rights of the Constitution of the State of Colorado and under the First Amendment to
the United States Constitution; and,
~~"HEREAS, the protection of the right of the people to a free press is properly the
SllOJect of municipal regulation; and,
WHEREAS, the freedom of newspaper publishers to decide where on public property
they wish to place newsracks is properly the subject of municipal regulation, provided the
regulation is content neutral, is tailored to serve significant municipal interests, and leave open
ample alternative channels of communication; and,
WHEREAS, there is a substantial governmental interest in promoting the aesthetic and
environmental quality of life in both residential and commercial areas of the City of Aspen;
and,
WHEREAS, there is a substantial governmental interest in promoting the public health,
safety, welfare and convenience by ensuring that persons may reasonably use the public
streets, sidewalks, right-of-way, and other public property without interference with such use;
and,
WHEREAS, there is a substantial governmental interest in promoting the public health,
safety and welfare by ensuring that newsracks placed in the public right-of-way do not create
hazardous conditions; and,
WHEREAS, newspaper vending within the public right-of-way and other public
roperty can be accomplished without unreasonably interfering with the normal and reasonable
use of these areas by the public; and,
WHEREAS, the public health, safety, welfare and convenience require that:
I terference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstrUction of
/Sight distance and views of traffic signs and street-crossing pedestrians be eliminated; damage
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done to sidewalks be minimized and repaired; the good appearance of the public streets and
grounds be maintained; trees and other landscaping be allowed to grow without disturbance;
access to emergency and other public facilities be maintained; ingress and egress from
properties adjoining the public right-of-way be protected; the uniquely historic nature of certain
strUctures within the City of Aspen be preserved; and, that the aesthetic beauty of the City of
Aspen be preserved and protected.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding
Chapter 34 to Title 21, which said Chapter shall read as follows:
CHAPTER 34
NEWSRACKS
21.34.010
Definitions.
For purposes of this Article, unless otherwise apparent from the context, certain words and
phrases used herein are defmed as follows:
(a) "Distributor" shall mean the person responsible for placing and maintaining a newsrack
in a public right-of-way,
(b) "Newsrack" means any self-service or coin-operated box, container, storage unit or
other dispenser installed, used, or maintained for displaying and dispensing, for free or
for sale, newspapers or other news periodicals.
(c) "Engineering Department" shall mean the Engineering Department of the City of
Aspen.
21.34.020
Permit Reauired.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on
any public street, right-of-way or sidewalk, or in any other public way or city owned or
operated place or facility within the city limits of the City of Aspen, any newsrack without first
obtaining a permit from the Engineering Department specifying the exact location of such
newsrack.
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21.34.030
Annlication for Permit.
Application for permit shall be made with the Engineering Department on prescribed forms
containing the information required by Sections 21.34.040 and 21.34.050, and shall state with
particularity the exact location of the newsrack. If a distributor applies for more than one
newsrack permit, the information required by Sections 21.34.040 and 21.34.050 may be
provided by incorporating by reference to a previously filed application form that contains the
required information. No fee or bond shall be required for the newsrack permit. Prior to the
issuance of a permit within the Commercial Core of the City, the City Engineer shall confer
with the Commercial Core and Lodging Commission.
21.34.040
Content of Annlication Form.
The newsrack permit application form shall state the name, address and telephone number of
those responsible for placing and maintaining the newsrack subject to the permit.
21.34.050
Insurance and Indemnification.
As part of a registration under this Article, the applicant, or his/her authorized representative
shall furnish to the City a certificate of insurance as proof that it has secured and paid for a
policy of public insurance covering all public risks related to the use, maintenance, operation
or location of a newsrack. The insurance shall be procured from a company authorized to do
business in the State of Colorado, The amount of this insurance, without co-insurance clauses,
shall not be less than the maximum liability that can be imposed upon the City of Aspen under
the laws of the State of Colorado found at C.RS Section 24-10-101 et seq., as amended, The
distributor shall provide and keep in force that policy of public liability insurance during such
time as it continues to locate any news rack under the terms of this Article, The evidence of
insurance filed with the City shall include a statement by the insurance carrier that thirty (30)
days unconditional notice will be given to the City before any cancellation. If a distributor
presents credible evidence demonstrating an inability to comply in good faith with any of the
foregoing insurance requirement(s), the City Manager or his/her designee shall waive the
subject insurance requirement(s).
In addition, the applicant shall execute a written agreement to indemnify and hold harmless the
City, its officers and employees, from any loss, liability, damage, or cost sustained by any
person or property, to the extent any such loss, liability, damage or cost rises from the
. installation, operation, maintenance or lack thereof, or use of such newsrack; provided,
however, that such obligation to indemnify and hold harmless the City, its officers and
employees shall not extend to any loss, liability, damage or cost resulting from the acts, failure
to act, or property of a person other than the distributor.
21.34.060
Term of Permit.
The permit issued pursuant to this Article shall remain in effect until the newsrack is
abandoned or impounded.
I~ ~,.u,_" "
21.34.070
Rel!istration Provisions Suoercede Encroachment Remlations.
The provisions of this Article shall supercede the provisions of Section 19-5 relating to
encroachments except to the extent specifically incorporated or referenced herein. The
provisions of this Article shall not supercede Article ill of this Chapter relating to excavations
in the public right-of-way,
21.34.080
Identification.
Every newsrack distributor shall permanently affIx to each newsrack, in a readily visible place
so as to be seen by anyone using the newsrack, a notice setting forth the current name, address
and telephone number of the distributor so that malfunctions may be reported; refunds secured
in the event of a malfunction of the coin return mechanism; or to give the notices provided for
in this Article.
21.34.090
Location and Placement of ~ewsrack.
No newsrack shall be installed, used, or maintained in any location upon public property
within the public right-of-way, or within a public easement adjacent to streets where such
installation, use, or maintenance endangers the safety of persons or property, or interferes with
public utility, public transportation, or other government use, or unreasonably interferes with
or impedes the flow of pedestrian, bicycle, wheelchair, or vehicular traffic, the ingress into or
egress from any residence, place of business, or any legally parked or stopped vehicle, or the
use of traffic signs or signals, or hydrants, Without limitation of the foregoing, the following
specific standards apply:
(a) No newsrack shall be used or maintained which projects onto, into, or over any part of
the roadway of any public street.
(b) No newsrack shall be chained, bolted, or otherwise attached or affIxed to any
municipally-owned fIxture, including, but not limited to, bicycle or ski racks, light
posts, traffic control devices, or decorative railings and posts located in the public
right-of-way. No newsrack shall be located so as to impede reasonable access to a
bicycle or ski rack located in the public right-of-way. Newsracks may be chained,
bolted or otherwise attached to other newsracks or privately-owned fIXtures so long as
such placement otherwise complies with this Chapter and provided that permission for
such connection has been obtained from the owner of the other newsracks or fIXture.
(c) Newsracks may be placed next to each other provided that no group of newsracks shall
extend for a distance of more than ten (10) feet along a curb, and a space of not less
than three (3) feet shall separate each group of newsracks. The Engineering
_ Department may waive the three-foot separation requirement. Whenever it shall
become necessary to create a three (3) foot space between news racks to come into
compliance with this subsection, the ten (10) foot distance shall be measured from the
newsrack that is most northerly of the group, and if all are equally norther)y.,then from
the newsrack that is most westerly. ' ", ",
2.
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Within twelve (12) feet of any curb return.
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Within five (5) feet of any fIre hydrant, fIre call box, police call box or other ~
emergency facility. ~
Within five (5)j'~Jany driveway. ~{
At any location whereby the clear space for the passageway of pedestrians is , ~
reduced to less than eight (8) feet unless such passageway is already restricted
by the placement of permanent utility pole or other similar permanent fixture
and the attachment of the newsrack to that fixture or placement of the newsrack
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adjacent to tl'1at fIxture will not reduce the remaining clear space available for
pedestrian passage and the Engineering Department approves the proposed
placement.
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(d)
No newsr;i5~,shall be placed, installed, used or maintained:
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iWithin three (3~ feet of any marked crosswalk.
~3.
4.
5.
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. Withi~ eig~t (8.). _.f.e."e. fO~. Q't__~~ any~pjblic'aieaUIlproved W.ithflowerS' shrubs,
trees orether:t~ds.":.":~~=-'::~~,:..:.'.;L~r -.ph /;" ~ I
7. WithU:~e ;imitSOf a handicap r~, ~-c ~= '~r-dfl)- ~
8. Within the limits of the following right-of-way:
~a2 The Aspen pedestrian mall.
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(b) The sidewalk adjoining any strUcture within the city limits that has been
designated as a Historic Landmark pursuant to Chapter 26.420 of the
Municipal Code of the City of Aspen; including, but not ne;essarily
limited to, the Wheeler Opera House, the Hotel Jerome, the Pitkin
County Court House, the Aspen Volunteer Fire Department, St. Mary's
Church, and City Hall with the exception of City Hall along Hopkins
A venue.
21.34.100
Standards for Maintenance and Installation.
Any newsrack which in whole or in part rests upon, in or over any public right-of-way shall
comply with the following standards:
(a)
(b)
(c)
(d)
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No individual single-.unit newsrac~ shall ~xce~d fifty{50) inl:hes ~ height, measured
from street grade, thirty-two (32) mches m wIdth, hr two (2) feet m depth. The height
and width limitations may be waived by the Engineering Department for specific
locations where line-of-sight or other safety considerations are not a factor,
The front panels of newsracks may be used to advertise the sale of the newspapers or
periodicals sold therein. Newsracks may not be used for any other type of advertising.
Where applicable, each newsrack shall be equipped with a coin return mechanism to
permit a person using the machine to secure an immediate refund in the event he is
unable to receive the publication paid for. The coin return mechanism shall be
maintained in good working order.
Each newsrack shall be maintained in a neat and clean condition and in good repair at
all times. Specifically, but without limiting the generality of the foregoing, each
newsrack shall be serviced and maintained so that:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
21.34.110
It is reasonably free of dirt and grease.
It is reasonably free of chipped, faded, peeling, and cracked paint in the visible
painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas
thereon.
The clear plastic or glass parts thereof, if any, through which the publications
therein are viewed are unbroken and reasonably free of cracks, dents, blemishes
and discoloration.
The paper or cardboard parts or inserts thereof are reasonably free of tears,
peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
It is kept free of taped flyers.
Citv-Qwned and Installed Newsracks.
The City may from time to time, in its sole discretion, purchase and install individual single
unit or multi-unit newsracks or portions thereof to facilitate the installation of privately-owned
newsracks in the public right-of way or upon private property with the consent of the private
property owner. Distributors may use city-owned newsracks or portions thereof; provided,
however, that the distributor so utilizing a City-owned newsrack shall comply with all sections
of this Article to the same extent as if the newsrack was owned and installed by the distributor,
including, but not necessarily limited to, the permit provisions of Sections 21.34.030 through
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21.34.100, the indemnification provisions of Section 21.34.050, and the maintenance
provisions of Section 21.34.100. In no event shall a City-owned newsrack or portion thereof
be moved without the express written approval of the Engineering Department.
Whenever a City-owned newsrack, or portion thereof, becomes available either through
purchase, abandonment or otherwise, the Engineering Department shall cause to be placed in
the newsrack a clearly visible notice indicating that the newsrack shall become available for
use on a date certain and application for its use can be made with the Engineering Department.
If more than one distributor applies for the use of a particular City-owned newsrack, or portion
thereof, the Engineering Department shall choose a distributor by way of lotte!')'.
21.34.120
Violations.
Upon determination by the Engineering Department that a newsrack has been installed, used or
maintained in violation of the provisions of this Article, the Engineering Department shall issue
an order directed to the offending distributor requiring the correction of the offending
condition within seven (7) days from the date of the order. Such order shall be telephoned to
the distributor and confrrmed by mailing a copy of the order to said distributor. The order
shall specifically describe the offending condition and shall specify the action necessary to
correct the condition. The failure of the distributor to correct the offending condition within
seven (7) days (excluding Saturdays, Sundays, and legal holiday) after the mailing date of the
order shall result in the offending newsrack being removed and processed as lost and
confiscated property in accordance with Section 13-87 of this Code. If the offending newsrack
is not properly identified as to ownership under the provisions of Section 21.34.080 hereof, it
shall be removed immediately and processed as lost and confiscated property in according with
Section 13-87 of this Code. Within seven (7) days of said notice the distributor may request an
informal meeting with the Engineering Department with regard to a resolution of the order
referred to herein in which case the informal meeting shail be held within five (5) working
days from the date of said request and the appeal time referred to in Section 21.34.130 shall
commence and begin to run as of the date of the informal meeting.
Violations of any provision of this Article shall not constitute an offense subject to the general
penalty provisions of Section 1-8 of the Municipal Code,
21.34.130
Anneals.
Any person or entity aggrieved by a finding, determination, notice or action taken under the
provisions of this Article may appeal and shall be appraised of his right to appeal to the City
Council. An appeal must be perfected within seven (7) days after receipt of notice of any
protested decision or action by filing with the Engineering Department a letter of appeal briefly
stating therein the basis for such appeal. A hearing shall be held on a date no more than thirty
(30) days after receipt of the letter of appeal. Appellant shall be given at least ten (10) days
notice of the time and place of the hearing. The City Council shall give the appellant, and any
other interested party, a reasonable opportunity to be heard, in order to show cause why the
determination of the Engineering Department should not be upheld. At such hearing the
appellant shall have the right to examine the evidence upon which the Engineering Department
or designated agent acted, to cross examine any witnesses who may have appeared before him
and to offer any evidence which may tend to show that the subject newsrack does not violate
any provision of this Chapter. In all cases, the burden of proof shall be upon the appellant to
show that there was not evidence to support the action taken by the Engineering Department.
At the conclusion of the hearing, the City Council shall make a final and conclusive
determination.
The perfection of an appeal to the City Council shall stay the order for removal of any
newsrack until the City Council makes its fmal determination unless said newsrack presents a
clear and present danger of imminent personal injury or property damage. Nothing contained
in this Chapter shall be interpreted to limit or impair the exercise by the City of its police
power, in the event of an emergency, to remove any newsrack.
21.34.140
Abandonment.
In the event a newsrack remains empty for a period of thirty (30) continuous days, or the
distributor appears to have abandoned the newsrack by virtue of dated materials not having
been replenished for a period of thirty (30) continuous days, the same shall be deemed
abandoned and may be treated in the manner as provided in Section 21.34.120 for news rack in
violation of the provisions of this Chapter.
Section 2
All newsracks resting in whole or in part upon or on any portion of a public right-of-
way or which project onto, into or over any part of a public right-of-way, as of the effective
date of this ordinance, shall be brought into compliance with the terms of this ordinance
mcluding, but not limited to, the permit provisions of Section 21.34.020 through 21.34.060,
the indemnification provision of Section 21,34.050, and the maintenance provision of Section
21.34.100 no later than thirty (30) days following adoption of this ordinance. Any newsrack
not found to be in compliance with the requirements of this ordinance as of such date shall be
subject to Section 21.34.120.
Section 3
The City Council hereby fmds, determines and declares that this ordinance is necessary
and proper to provide for the safety, preserve the health, promote the prosperity, preserve the
aesthetic beauty, improve the order, comfort and convenience of the City of Aspen and the
inhabitants thereof.
Section 4
Except as specifically amended hereby, the City of Aspen Municipal Code, and the
various secondary codes adopted by reference therein, shall continue in full force and effect.
Section 5
This ordinance shaH not have any effect on existing litigation and shaH not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be constrUed and concluded under
such prior ordinances.
Section 6
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional in coun of competent jurisdiction, such portion
shaH be deemed a separate, distinct and independent provision and shaH not affect the validity
of the remaining portions thereof.
A public hearing on the ordinance shaH be held on the day of
1999, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the
City Council of the City of Aspen on the day of , 1999.
, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
day of
1999.
....,. Mayor
ATTEST:
Kathryn S. Koch, City Clerk
EAA.-06J02I99-\\ 'commons\Mpaaaml:y\john\MlI'd'oI&r\Clrd 1'10 2..l'ICWII'Kk.doc
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ORDINANCE NO. .19
Series of 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GLENWOOD SPRINGS, COLORADO, AMENDING THE MLNIClPAL
CODE TO PROVIDE FOR THE REGULATION OF NEWSRA.CKS
LOC.A TRD ON PUBLIC PROPERTY.
WHEREAS, the City of Glcnwood Spnngs owns certain real property, including
sidewalks, parking areas, streets and other improv~m~nts; and
WHEREAS, the primary intendcd use of this property and uther publicly owned property
is th~ movement of people, and thc City consid~rs these properties and its interest therei n to b~
valuable assets, which it intends to control by regulatiun and not appropriated by private
enterprise; and
WHEREAS, the City has an ubligation to the public to ensure rcasonably unobstructed
passage over City-owned and other publicly owned property in a clean. safe and orderly manner;
and
WHEREAS, the City has an interest in the aesthetic design or any improv..:m..:nLs un its
and othcr publicly owned properties; and
WHEREAS, inappropriately located or designed newsracks can pose a signilic<'lI1t hazard
and annoyance to pedestrians, abutting landowners, vehicles and the maintenance of public
improvemenL~; and
WHEREAS, inappropriately located or designed ncwsracks can ncgatively impact th..:
aesthetics of City-owned and other publicly owned property; and
WHEREAS, thc uncontrolled cunstruction, placement and maintenancc of ncwsracks
unreasonably interfclcs with th~ public's right to safe and unubstructed passage and tcnds to
physically and visually eluttcr thc public rights-or-way and required setbacks; and
WHEREAS, such newsrack placcmcnt, construction and maintenance must meet certain
requirements oflocation and design in relatiun to the aesthetics and other uses of the City-owncd
and publicly owned properties; and
WHEREAS, the City's downtown district is a particularly congestcd and importanl an~a
that rcquircs both an aesthetically pleasing and functional design, as well as the regulation of thc
use of City-owned and olhl!r publicly owned property; und
WHEREAS, the City currently regulates the use of downtown (aea sidewalks by non-
motorized traffic in order to provide an orderly and ,.afe area for pedcstrians and motori:ad
traffic; and
WHEREAS, the City has endorsed and contributed heavily to the improvement aud
beautification Ill' the downtown arcn to crcatc an acsthctical1y pleasing and harmonious street
scape that also tlinctions safely and efficiently; and
WHEREAS, the use of streets for commercial enterprise has historically been strictly
lin,ited to preserve the strccts for public purposes, regulate aesthetics and efficiency, and to avoid
the appropriation of public property for private interesl~; and
WI-ffiREAS, distribution ofnew~l'apers through nc:wsracks has bccn a limited exception
allowed in the downtown district in order to accommodate the eonvcnicnt dissemination of the
news to encourage and inform the citizenry; and
WHEREAS, the City finds that materials distributed through newsracks have othcr
channels of distribution including, but not limitcd to. home or office dislribution, personal
delivery, newsstands on private propeny and at retail outlets; and
WHEREAS. the City has no intention of regulating the content of publications distributed
through newsracks that is protected hy the Firsl Amendment to the United States Constitution
and by the Constitution ofthc State ofColonldo; and
WHEREAS, the City does not intend to imposc any prior restraints on materials protected
by the First Amendment; llnd
WHEREAS. the City believes that certain existing newsrack locations outside of tile
dOwnt0W11 business district and on City-owned or other publicly owned property should be
allowed to continue in operation and havc a period within which to comply with the design
guidelines of this ordinance; and
WHEREAS, the City finds that certain existing ncwsraeks in thc downtown business
district that do not comply with the provisions of this ordinance and should bc removed or
brought into compliance within a reasonable time, as appropriate under this ordinance; and
WHEREAS, the City finds the fOllowing regulations of time, place and manner as thcy
relatc to ncwsracks on City-owned and other publicly owned propeny to be an appropriate
balance of the compelling governmental interests of public safety, health, aesthctics and public
owncrship with the competing interests of free ~-peech.
NOW, TllliREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GLENWOOD SPRINGS, COLORADO, THAT:
Section 1. A new Article 090.070, entitled "Newsracks", is hereby added to thc
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Glenwood Springs MWlicipal Code to read as follows:
"Article 090,070. New'Tacks.
090.070.010. New'Tach rel!ulatcd.
It shall be unlawful to placc or maintain a newsrack on propcrty owned by the City of
Glenwood Springs or on other publicly owned sidewaiks without complying with the provisions
of this article regulating size, color, maintenance, location, and liability.
090.070.015. Definition.
For the purpose of this article, ;'newsrack" means any outdoor self-service or coin-
operclted container, rack or structure used or maintained for the distribution of newspapers, ncws
periodicals or other printed material.
090.070.020. Newsracks allowed only in specified areas.
A. Newsracks on city-owlled property or on publicly-owned sidewalks shall he
lawful within the general improvement district ("ulD"), as it is defined and amended by
ordinance from time to time, at the six (6) locations currently in use on the eLTe~tive date of this
ordinance and ill the size and color specified hen:in, Such locations are as tollows:
1. 9th Street and Colorado (Post Office);
2. 9th Street and Grand Avenue (Northeast comer);
3. 8th Stre~l and Colorado (County Building);
4, 8th Street and Grand Avenue (Southwest comer);
5. 8th Street and Conper Avenue (Northwest corner); and
6. 10th Street and Grand Avenue (Southeast comer).
B. Outside the OlD. those existing newsracks that substantially conform to the
provisions of this ehapter may remain in their prcscnt locations subject to other relevant
provisions of this chapter,
090.070.025. Ncwsrack specifications.
Anyone desiring to use, operate, placc or maintain newsracks on city-owned property or
pubIicly-owDcd sidewalks located in the City's GlD shall provide, at his expense, au adequatc
number of K-4916 or K-I 00 modular ..lcks with pedestals to house his publications. All such
racks shall be beige in color only. All oilier new',dcks located outside the OlD and on city-
owned propcrty or publicly-owned sidewalks may continue without restriction.
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090.070.030. Maintenance ofnewsrac1cs.
Anyone using, op.:rating, placing or maintains a ncwsrack on city-owned property ur
publicly-owned sidcwalks shall be responsible for the maintenance and upkeep ofhislhorr
respcctive racks. Such maintenance shall include, but not be limited to. painting, disposing of
trash and debri~ in the vicinity of the newsrack, working operation, and adequate anchorage.
Failure to adequately maintain any ncwsrack resulting in failure to comply with the aesthctic
intentions and goals of this ordinance shall subject the alTeeted newsr.u:k(s) to removal by the
City.
090.070.035. Hold harmlcss.
Anyone owning, maintaining, placing, using or lcasing a newsrack on city-ovmed
property or publicly-ovmed sidewa1ks shaH indemnify, defend and hold thc City and its oflicer:s
and employees harmless for any loss or damage, including attorneys' fccs, arising oul of lhe use,
placement, maintenance, or leasing of such newsrack.(s).
090.070.040. Insurance reauirement.~.
Anyone owning, placing,lcasing, using or maintaining a newsrack on city-ovmed
properly or puhlicly-owned sidewalks shall maintain liability insurancc with a company insuring
~ainsl all liability thallhe owner, Jessor, or user of the newsrack mllY incur by virtuc ofthc
placement, care, use, operation and cxi~"tence ofthe newsrack. Such insurance shall have limits
as requircd by thc Colorado Govcrnm.:ntal Immunity Act to protect thc City from any and all
liability associated thcrewith. The insurance shall name the City as an additional insured and
shaH not be cancelable without thirty (30) days prior written notice to the City. In lieu of such
insurance, a waiver of such insurancc may be obtained from the director of communily
development upon a showing, acceptable to the city attorney, that Stich person has sufficient
unencumbered a~sets available for attachment and execution to satisfy any judgment that would
be rendered against it up to and including $300.000. Evidence ofinsurance or evidence of
sufficicnt asscts, as thc case may he, shall he provided to the director of community development
on an annual basis. Failure to comply with this provision of the ordinance will subject the
newsrack. to immediate removal by thc City.
090.070.045. Location restrictions.
No newsrack shall he located adjacent tll any mailbox, post, pole, wdter feature, art or
monument, or adjacent to or within any raiscd plantcr, cxcept when pedestrian circulation space
between such items and the newsraek is not needed and sufficient space for maintenance of such
items and new~Tclcks is provided or in a manner that unsafely:
I. inlpcdes or interferes with the reasonable use of a crosswalk, display
window or building entrance;
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2. impedes or int.:rferc:l wilh lhl: reasonable use of any bench, trash
reccptaclc, bicycle rack, driveway, alley, or bus shelter;
3. interferes with the reasonable use of any fire hydranl. traf1ie signal box. or
other emergency facility;
4. impairs or interferes with pedestrian traffic;
5. interferes with or impairs the vision of operators of vehicles at streel
intersections;
6. reduces the clear, unimpeded sidewalk width to:
(a) ten (10) feet on sidewalks over twelve (12) feet in width; or
(b) less than three-quarters (3/4) of the width of the sidewalk on
sidewalks less than twelve (12) feet, with a foUl' (4) foot minimum.
In determining an unimpeded sidewalk, feamrcs such as fire hydrants ur similar sttucrures shall
be considered.
090.070.050. Location chanees.
Su lung as the provisions of this chapler are complied with, newsraeks may be allowed at
additional locations within the GlD upon the approvalllfthe City and after considering the safety
aspeets 1.11' such nt:w lucalilln uutlined in prior sections herein. Should the City fail to approvc
any new location request, it shall inform the requestor of its decision in wriling giving the
specific reasons for such non-approval.
090.070.055. RiQnts C!ranted.
The approval of any location for use as a newsnu:k shall not be construed as granting the
USl."I' any right or interest tu ur in the property owncd by the City. The rights brranted by this
chaptcr arc merely a license tu use the property for permitted purposes. su~iect tu the provisions
of this chapter.
090.070.060. Anchoraac of news racks.
Ncwsracks shall be anchored with bolts to the sidewalk at their respective siles.
Newsracks may not be anchored to trees, posts or poles with chains, rope, cable or otherwise.
The permittee shall be responsible for any damage or Tep'dirs caused or necessitatcd by the
removal or installation of any newsTaCk to bring the site to its original condition, ordinary wear
and tear excepted.
090.070.065. Non-emer!!encv newsrack removal.
A. No,tice. If at ony time it is determined by the City that a ncwsTaek is not in
compliance with tho: re'luirernent~ of this chapter, a "Notice oflntcnt to Remove" shall be issued,
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in writing, and affixed to the: affected ncwsraclc. Such notice will stale the violation or violations
that constitute the basis of the pruposed n:moval. The notice shall contain the datc. tirnc and
place for hearing to bt: held before removal.
B, Hearing. The hearing shall bc hcld not less than tcn (10) days alter the date of
service of notice. Prior to the hearing, the newsrack owner or user may file a written response to
the notice specifically setting forth thc reason or reasons the newsr.u:k should not be removed.
At the hearing, the director of community developmmt ur his designee shall determine whcthcr
the newsraek complies with the provisioos of this chapter, Tn the event dle director of
community developmcnt or his designee determines the newsr.u:k is not in compliance with this
chapter, the newsrack shall be removed by the owner or usc:r within ten (10) days or othcrwisc
brought into compliancc. If the newsrack is not removed. as required, the City may consider thc
newsrack abandoned, remove the newsrack, and dispose of it as it would other surplus property
of the City.
C. Appeal. Any decision or order may bc appealed to the Board of Adjustments and
Appeals. Any appeal shall be filed in writing within ten (10) days after the decision of the
director of community development or his designee and shall specify the basis for thc appeal.
The Board shall coosider the appeal based on the written submissions only.
090.070.070. Emern:encv newsrack removal.
A. Removal. In the event dlllt it is determiued by the City that the locatiun or
opL'rdtion of the ncwsrdck constitutes an immediate physical threat to public life, safety or health,
the newsrack may be removed by the City immediately without any prior notice or :lellCing. This
provision shall not be enforced in any way related to the content or expressions of the material
distributed by the ncwsrack.
B. Notice and hearing. In the event of such an emergency removal, thc City shall
immediately contaL't the newsrack's owner or user, ifknown, and inform the rcpresentativc ofthc
removal and the reason(s) therefor. If requested by the representative, the City shall hold an
immediate hearing before the director of eonununity development or his designee to dctcrminc
whether or not the removed newsrack constituted an immediate: threat to the public's life, safety
and health. In the event lhal the director of community development or his designee determines
that the newsrack did not constitute such an immediate threal, the City shall immediately, at its
own expense, replace the newsrack to ils original location. In the event that no immediate
hearing is requesled by the newrclck's owner .or user, II hearing as provided in Section
090.070.065 above shall be held.
C. Appeal. Any decision or order may be appealed to the Doard of Adjustmcnt and
Appeals. Any appeal shall be filed in writing within ten (10) days after the decision of the
director of eommwlity development or his designee and shall specify the basis for the appeal.
The Boud shall consider the appeal based on the writtcn submissions only.
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090.070.075. Unauthorized newsraeks.
Any newsrac:k 011 city-owncd properly or publicly-owned sidewalks, except those that
comply with the regulations of this chapter, shall be impounued by the City without prior notice
or hearing. The City shall take rca.~onable efforts to dctcnnine the owner of the ncwsrack and
shall notify the owner of the impoundment. The owner of any impounded new,."ek shall be
responsible for the expense of removal and stomge of such newsrack. If thc owners fails to
reclaim the impounded new'Tack and pay the expenses of removal and storage within thirty (30)
. days after notice of impoundment, thc newsraek may be dccmcd unclaimed property and may be:
disposed of in the same manncr as other unclaimed or surplus City properly.
090.070.080. Non-complvinl! desilllls within the Ge!'I~",1 Tmnrovcment nistricl.
Ncwsraclcs located or to be locatcd in the GID must comply with the provisions of this
ordinance no latcr than September I, 1998. failure to comply by this datc will result in thc
immediate removal and disposal of any non-complying newsrack by the: City."
Section 2. If any section, subset;tion, sentence, clause, or phrase of this ordinance is for
any reason held to be: invalid or unconstitutional by the decision of any eourt of competent
jurisdiction, such dccision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that il would have passcd this ordinance, and each
section, subsection, sentence, clause, and phrasc hereo f, irrespective of the fact that any onc or
more of the sections, subsections, sentences, clauses, or phrases hereof be dec1arcd invalid or
unconstitutional.
INTRODUCED, RF.AD At'lD PASSED ON FTRST READING, ORDERED
PUBLISHED IN FULL THIS aLEbA Y OF /JI1 ~ ' 1998,
CITY OF GT.F.NWOOn SPRINGS, COLORADO
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am kramstad, Mayor
ATTEST:
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INTRODUCED, REAl> ON SECOND READING, APPROVED, AND ORDERED
PUBLISHED BY TITLE ONLY TO BE~FFECTIVE TEN DAYS FOLLOWING THE DATE
OF SECOND PUBLICA'l10N THIS <f - DAY Ol- ~ UN€- _' 1998
CITY OF GLENWOOO SPRINGS, COLORADO
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ATTEST:
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Rabid S. C1cn:1ulLS, ity Clerk
I .,,-
COMMERCIAL CORE & LODGING COMMISSION MINUTES OF
OCTOBER 20. 1999
Vice-chair Don Swales called the meeting to order at 8:30 a.m. Members in
attendance were Bill Dinsmoor, Don Swales, John Starr and Eric Cohen.
Terry Butler and Jon Busch were excused. Staff in attendance were Chief
Deputy City Clerk, Kathleen Strickland.
COMMISSIONER COMMENTS
MOTION: Bill moved to approve the Oct. 6th minutes; second by John. All
in favor, motion carried.
Bill informed the board that it would cost around $60,000 to $100,000 to
refurbish the trolley car. There is an interest among council to pursue
looking at the trolleys to use as downtown transportation. The trolley
feasibility study and engineering data would be an additional $100,000.
Bill will meet with Steve Barwick regarding the Trolley car and study and
where to put the trolley in town. Possibly Film Fest could use the trolley as
a base to sell their tickets, instead of tables in front of the Wheeler. There is
a lot of potential for the use of the trolley.
Don suggested placing the car near the Independence Bldg. where the track
would be located.
Bill requested that Brian Flynn come to the next meeting regarding the
compactors vs. dumpsters. Also the idea of a special compactor district
should be discussed.
Eric asked what the problems are in the Red Onion alley. Who is
responsible for the working of the compactor?
John relayed that it is the person who is providing the service. When they
can't get into the compactor they leave the trash along side of the
compactor.
Don said he has site visited the area and sometimes it works and other times
it doesn't. The problems need identified.
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COMMERCIAL CORE & LODGING COMMISSION MINUTES OF
OCTOBER 20. 1999
John said that alley has a lot of activity.
Don recalled that the compactor was to be taken out several months ago.
NEWSRACKS
Don relayed that he and Luke Nestler from the Aspen Times spent the
morning looking at different locations in the public right-of-way where
newsracks are located. Presently there are ten locations and if two are
consolidated there would be eight locations.
Bill directed Staff to contact Dan Blankenship regarding Ruby Park and
unifying that area with condo racks.
Don said one of the locations to consolidate would be on Hopkins. At the
Wheeler site those racks would be moved to the mall.
Don and Luke recommended to consolidate the area around the Bank of
Aspen and eliminate one site. He also suggested cleaning up the
Wienststube area and eliminating one site.
Don and Luke determined that the height would be 54 inches for the double
stacked newsrack and they looked at different areas for line of sight going
around comers.
. Eric suggested that Engineering should have a cardboard box to
demonstrate the height and horizontal distance at the different comer
locations to determine if there are safety concerns etc.
Eric said now is the time to do a demo because the most dangerous time is
winter crossing the street by the Little Nell.
Don said the CCLC should wait till Spring to see how the DEPP project
works out. Possibly the coral design will work.
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COMMERCIAL CORE & LODGING COMMISSION MINUTES OF
OCTOBER 20. 1999
Two new locations were marked one by Little Annie's at Hunter St. and
Hyman Ave. and the other additional area near Don Liemus's parking lot.
Don said these areas would be areas that would be used if all others are
filled, for future use.
Bill suggested Galena Street have racks.
John suggested an area near Independence Building.
Next step is to have the Engineering Dept. get involved.
Luke said the prodo-type would be like city market. They are on a concrete
slab and stand around 54 inches high.
John said the city will choose the style and condo rack that will be
regulated.
Luke said the "show rack" is the one mostly used to accommodate tabloid
or quarter-fold.
Eric asked if the CCLC has recognized how many of each type of print that
there are right now and how many are being distributed.
John said a survey as such as not been done.
Luke said the recommendation is the use of the pedestal and the racks
would be placed on that pedestal. He also felt that the pedestals would be
contracted out for installation.
Staff suggested that the CCLC look into a supplemental request for next
year to install the pedestals.
Don volunteered to meet with Ed Saddler, project manager for the DEPP, to
explain the progress of CCLC regarding the newsracks.
Bill said the physical constraints first.
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COMMERCIAL CORE & LODGING COMMISSION MINUTES OF
OCTOBER 20. 1999
Staffs concern is the placement ofthe advertisements.
John said the board will have to work through each issue one by one.
Bill said the board needs to get estimates on the racks, pedestal and
installation and who buys and installs the racks.
MOTION: Bill moved to adjourn; second by Don. All infavor, motion
carried.
Meeting adjourned at 9:30 a.m.
Kathleen J. Strickland, Chief Deputy City Clerk
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