Attachment A - Proposed 1st rdg Emergency Ordinance 8767 Supp 167

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ORDINANCE 8767

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AN EMERGENCY ORDINANCE ADOPTING SUPPLEMENT 167, WHICH CODIFIES PREVIOUSLY ADOPTED ORDINANCES AND OTHER MISCELLANEOUS CORRECTIONS AND AMENDMENTS, AS AMENDMENTS TO THE BOULDER REVISED CODE, 1981; AND SETTING FORTH RELATED DETAILS.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO:

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Section 1. Legislative Findings.

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A.

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Supplement 167 amending the Boulder Revised Code, 1981 (“B.R.C. 1981”) has been

printed. B.

The city council intends that this supplement be codified and published as a part of the

B.R.C. 1981. C.

Supplement 167 to the B.R.C. 1981 is a part of this ordinance and contains all of the

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amendments to the B.R.C. 1981 enacted by the city council in Ordinances 8713 and 8739. The city

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council intends to adopt this supplement as an amendment to the B.R.C. 1981.

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D.

The ordinances contained in Supplement 167 are available in printed copy to each

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member of the city council of the City of Boulder, Colorado, and the published text of the supplement,

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along with the text of those changes, is available for public inspection and acquisition in the Office of

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the City Clerk of the City of Boulder, in the Municipal Building, 1777 Broadway, Boulder, Colorado.

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Section 2. The city council adopts Supplement 167 by this reference.

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Section 3. The city council orders that a copy of Supplement 167 as proposed for adoption by

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reference herein be on file in the Office of the City Clerk of the City of Boulder, Colorado, Penfield Tate

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II Building, 1777 Broadway, City of Boulder, Boulder County, Colorado, and may be inspected by any

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person during regular business hours pending the adoption of this ordinance.

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Section 4. The annotations, source notes, codifier’s notes, and other editorial matter included in

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the printed B.R.C. 1981 are not part of the legislative text. These editorial provisions are provided to

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give the public additional information for added convenience. No implication or presumption of a

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legislative construction is to be drawn from these materials. Section 5. The B.R.C. 1981, or any chapter or section of it, may be proved by a copy certified by

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the city clerk of the City of Boulder, under seal of the city; or, when printed in book or pamphlet form

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and purporting to be printed by authority of the city. It shall be received in evidence in all courts

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without further proof of the existence and regularity of the enactment of any particular ordinance of the

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B.R.C. 1981. Section 6. These provisions of the B.R.C. 1981 shall be given effect and interpreted as though a

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continuation of prior laws and not as new enactments.

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Section 7. Unless expressly provided otherwise, any violation of the provisions of the B.R.C.

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1981, as supplemented herein, shall be punishable by a fine of not more than one thousand dollars or

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incarceration for not more than ninety days in jail, or by both such fine and incarceration, as provided in

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Section 5-2-4, “General Penalties,” B.R.C. 1981.

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Section 8. Section 4-11-16, “Special Event Permit,” B.R.C. 1981, is amended to read as follows:

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4-11-16.- Special Event Permit.

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…

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Special festival event permits, following the process laid out in Chapter 4-12, “Special Festival Events,” B.R.C., 1981, may be issued for the mall.

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Section 9. Section 4-12-3, “Special Festival Event Permit,” B.R.C 1981, is amended to read as

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(f)

follows: 4-12-3. - Special Festival Event Permit.

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(a)

The city manager may issue a permit for a special festival event that will apply only for the duration of the sSpecial fFestival eEvent and a reasonable amount of time to set up and take down such event, but in no circumstances shall such time exceed thirty days.

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(b)

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Applicants for a special festival event permit may submit applications to the city up to twelve months in advance of the first day of the scheduled festival event, and no later than ninety days before the first day of the festival event, and such application must include the following:

… (5)

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…

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(f)

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(g)

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Other than those listed below, no special festival event permits will be issued during the following times: (1)

Sundance Film Festival (as per dates in contract - dates vary annually).

(2)

Bolder Boulder event (Memorial Day).

When more than one application for a special festival event is received for the same day(s) and for conflicting locations or routes, the city manager shall issue a permit, subject to the other provisions of this chapter, based on the following order of priorities.:

…

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(2)

Special festival events planned, organized, or presented by state of Colorado, federal, or city governmental entities or their agents if the request is made in good faith and not with the intent or purpose of improperly chilling constitutionally protected rights of competing applicants;

(4)

If paragraphs (1), (2), or (3) of this subsection are inapplicable, priority shall be given to a first in time filing.

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…

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Any anticipated street closures or anticipated encroachment upon any public right- ofway or public easement. Separate right- of- way permits obtained in compliance with Chapter 8-6, “Public Right- of- Way and Easement Encroachments, Revocable Permits, Leases and Vacations,” B.R.C. 1981, will be required for encroachments upon any public right- of- way or public easement; and

… (j)

The city manager may adopt rules necessary for the implementation and interpretation of this section under the procedures of Chapter 1-4, “Rulemaking,” B.R.C. 1981. Such rules may include, without limitation, prescribing forms for license applications, information that applicants and licensees shall provide, and books and records that licensees shall keep, and limiting the number of permits issued for any events to avoid any undue congestion, and uphold the public health, safety, and welfare.

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Section 10. Section 4-18-2, “Public Property Use Permits,” B.R.C. 1981, is amended to read as

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follows: 4-18-2. Public Property Use Permits.

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(a)

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… Section 11. Section 8-6-11, “Private Signs on Public Property,” B.R.C. 1981, is amended to read

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No person shall place for sale or for solicitation of orders any merchandise or other things upon any street, alley, sidewalk or other public property or suspended from any building or structure over the street, sidewalk or public property without first obtaining a permit from the city manager under this section or in connection with a special festival event permit issued pursuant to Chapter 4-12, “Special Festival Events,” B.R.C., 1981.

as follows: 8-6-11. - Private Signs on Public Property.

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The city manager shall have no authority to grant permission to any private party to post a private sign on any public property, including, without limitation, the public right-of-way, unless otherwise specified otherwise below.

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…

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(a)

Section 12. Section 9-6-5, “Specific Use Standards – Commercial Uses,” B.R.C. 1981, is amended

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to read as follows: 9-6-5. - Specific Use Standards - Commercial Uses.

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… RECREATION AND ENTERTAINMENT

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… (h)

Special Festival Event: (1)

Standards: Special festival events are allowed by right if the use meets the following standards: (i)

Such uses are temporary, limited to no more than 14fourteen days in any annual period per event, unless otherwise approved by the city manager, and are part of a special festival event approved pursuant to Chapter 4-12, “Special Festival Events,” B.R.C. 1981;

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… (iii)

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Such uses may not result in unsafe conditions or unacceptable levels of congestion or result in damage to private or public property, including in the public right- of- way;

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…

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Section 13. Section 9-9-21, “Signs–Commercial Uses,” B.R.C. 1981, is amended to read as

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follows:

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9-9-21. - Signs.

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(a)

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… (2)

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Application and Legislative Intent:

Intent: The purpose of this section is to protect the health, safety, and welfare of the residents of the city by regulating the design, construction, and installation of private signs in the city. The city council recognizes that signs are necessary means of visual communication for the public convenience and that businesses and individuals have the right to identify themselves and convey messages by using signs that are accessory and incidental to the use on the premises where the signs are located. In this section the council intends to provide a reasonable balance between the right of a business or an individual to identify itself and to convey its message and the right of the public to be protected against the visual discord that results from the unrestricted proliferation of signs, especially offpremises billboards. The ability to convey messages by signs is important to the proper and efficient functioning of society. However, the natural desire to speak more "loudly" through signs which are more numerous, larger, higher, and closer to the street than the signs used by one's neighbors and competitors requires a set of rules applicable to all similarly situated. With a level playing field the community as a whole benefits and no individual is disadvantaged in communicating. The council also intends by this section to ensure that signs are compatible with adjacent land uses and with the total visual environment of the community and that the value of nearby property and the economic health of the community as a whole are protected from visual blight. Another purpose of this section is to protect the public from hazardous conditions by prohibiting signs that: are structurally unsafe, particularly in light of the unique wind hazards in the city, obscure or distract the vision of motorists, or compete or conflict with necessary traffic signs and warning signals. In adopting this section, the council recognizes that the size of signs that provide adequate identification in pedestrianoriented areas differs from that necessary in vehicular-oriented areas where traffic is heavy, travel speeds are greater, and required setbacks are greater.

…

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(E)

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…

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(d)

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Size Limitations and Other Rules for Certain Signs:

(15)

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Council finds that signs erected under a special festival event permit are temporary in nature and will not cause the aesthetic blight of the sort unacceptable to the city. Such signs will contribute to a unique festival experience for residents and visitors in the city for a limited time and within a limited area of the city. City cCouncil, therefore, finds separate standards for these temporary signs appropriate that ensure that these signs do not pose any risk to the health, safety and welfare of persons andor property in the city.

Special Festival Event: In addition to other such signs that may be allowed, the city manager may approve signs located within a special festival event boundary established in a permit approved pursuant to Chapter 4-12, “Special Festival Events,” B.R.C. 1981, consistent with the following:

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Comprehensive sign plan: The signs must be approved as part of a special festival event comprehensive sign plan submitted pursuant to Section 412, “Special Festival Events,” B.R.C. 1981. The comprehensive sign plan shall:

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(i)

Be submitted to the city by the special festival event permit applicant or a vendor or sponsor identified in the special festival event permit, no less than 90ninety days prior to the special festival event. Modifications to the comprehensive sign plan may be submitted no less than 30thirty days prior to the special festival event;

(v)

Specify the first and last day of the special festival event for which the sign plan is approved.; and

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…

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…

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(D)

Standards: The signs shall:

… (i)(iii) When attached to a building that is on a designated landmark site or in a designated historic district or when attached to a designated feature, all established pursuant to Chapter 9-11, “Historic

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District,” B.R.C. 1981, be easily removable and attached using only non-structural elements, such as reversible adhesive product ties or bands, and not require drilling of masonry or stone units, or clamping. Signs approved pursuant to this subsectionparagraph (d)(15) do not require a landmark alteration certificate.

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…

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Section 14. This ordinance is necessary to protect the public health, safety, and welfare of the

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residents of the city, and covers matters of local concern. Section15. The city council finds this ordinance is necessary for the immediate

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preservation of public peace, health, safety and property. The printed supplements cannot be distributed

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until the adopting ordinance is effective. The city's laws should be current and readily available to the

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residents of Boulder as soon as possible. On that basis, this ordinance is declared to be an emergency

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measure and shall be in full force and effect upon its passage. Section 16. READ ON FIRST READING, PASSED, ADOPTED AS AN EMERGENCY

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MEASURE BY TWO-THIRDS COUNCILMEMBERS PRESENT, AND ORDERED PUBLISHED

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BY TITLE ONLY this 30th day of July 2026.

15 ____________________________________ Aaron Brockett, Mayor

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Attest: ______________________________ Elesha Johnson, City Clerk

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