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7125 - MUNI CODE ADOPT Section 5-4-16, prohibition of indoor furniture in an outdoor location. Int.&ORDINANCE NO. 7125 AN ORDINANCE ADOPTING A NEW S~CTION 5-4-16, B.R.C. 1981, CONCERNING THE PROHIBITION OP THE US~ OF INDOOR FURNITURE IN AN OUTDOORS LOCATION, AND SETTING FORTH DETAILS IN RELATION THERETO. BE IT ORDAIN~D BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Chapter 5-4, B.R.C. 1981, is amended by the addition of a new section 5-4-16 to read: 5-4-16 Outdoor Furniture Restriction. (a) No person shall place, use, keep, store, or maintain any upholstered furniture not manufactured for outdoor use, including, without limitation, upholstered chairs, upholstered couches, and mattresses, in any outside areas located in the following places: (1) In any frontyard; (2) In any side yard; (3) In any rear yard or other yard that is adjacent to a public street. However, an alley shall not be considered a"public street" for the purpose of this subsection; or (4) On any covered or uncovered porch located in or adjacent to any of the yards described in (1) through (3) above. (b) The provisions of this section shall apply within the following described area: Those portions of the University Hill neighborhood bordered by Baseline Road on the south, Arapahoe Road on the north, Broadway on the east, and, on the west by the western boundary lines of those properties located on the west side of Ninth Street. (c) For the purpose of this section, yards are defined as follows: (1) The terms "frontyard," "rear yard," and "side yard" refer to the open space between buildings and property lines at the front, rear, and sides of a property, respectively. (2) A side yard extends the full length of a lot as if a line rumiing along the edge of a building was eaCended to inYersect with the rear property line. K:\P W EP\o-7125.jwv.wpd (3) On a corner lot, the open space adjacent to the shorter street right-of-way shall be considered the frontyard. (4) The rear yard is that yard located on the opposite side of the lot from the frontyard. (d) The interior of any fully enclosed porch (including, wiYhout limitation, a porch enclosed by screening material) that cannot be accessed from outside except through a doar that can be locked shall not be considered an outside area far the purpose of this section. (e) Placement of upholstered furniture on balconies or porches located on the second floor, or any floor above the second floor, of a building is not precluded by the provisions of this section. ( fl The following shall constitute specific defenses to any alleged violation of this provision: (1) That such furniture was placed in an outside location in order to allow it to be moved during a move of a resident or residents or removed as part of a trash or recycling program on a day scheduled for such moving or removal. (2) That such furniture was locaYed in a yard other Yhan a frontyard and was placed in such a manner that it couid not be seen from ground level by a person located on a public right-of-way (excluding public alleys) and that it was not visible by such a person unless that person took extraordinary steps such as climbing a ladder ar peering over a screening fence in order to achieve a point of vantage. (3) That such furniture was temporarily placed in an outside location in arder that it be offered for sale at a yard or garage sale if each of the following conditions exists: (A) The furniture is located in an outside location only during the hours of 8:00 am and 6:00 pm. (B) The person attempting to sell the furniture, or that person's agent, is outside during the period of the yard or garage sale in order to monitor the sale. (C) A sign is placed on or neaz the furniture indicating that it is for sale. (D) This defense shall not apply if upholstered furniture is located in an outside location for more than two days in any six-month period. (g) This section shall take effect on AugusY 1, 2002. The provisions of this section shall have no effect after August 2, 2004. K:~PW LP\o-7125jwv.wpd Section 2. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 3. The council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AMENDED, AND ORDERED PUBLISHED BY TITLE ONLY this 3`~ day of April, 2001. -~ Mayor Attest: ~ ~ ~ 1' Y _-1 )~ ~ \ 3~~;~ ..> ;` ~ ~, . y City Clerk on behalf of tha~~~'~ Director of Finance and Record READ ON SECOND READING, AMENDED, AND ORDERED PUBLISHED BY TITLE ONLY this 25"' day of September, 2001. ~, v Mayor AtYest: ~'~ City Clerk on behalf of the Director of Finance and Record K:~rwFr~oa i zs.i~~~.wPd 3 READ ON THIRD READING, AMENDED, AND ORDERED PUBLISHED BY TITLE ONLY this 16`h day of April, 2002. ~ .-~ Mayor Attest: ~~ . ~ i City Clerk on behalf of the Director of Finance and Record READ ON FOURTH READING, PASSED, ADOPTED, AND ORDERED PUBLISHED BY TITLE ONLY this 21s` day of May, 2002. / -"""r_ Mayor Attest: ~ " City Clerk on behalf of the Director of Finance and Record K\PWEP\o-7125 jwv.wPd ORDINANCE NO. 7125 STATE OF COLORADO) COUNTY OF BOULDER) SS. CITY OF BOULDER ) CERTIFICATE I, S.L. North, Deputy City Clerk of said City in the County and State aforesaid, do hereby certify that the foregoing ordinance was introduced and read on first reading at a regular meeting of the City Council at said City, held on the 3rd day of April , 2001, and that afterwards, to-wit: on the 6th day of April, 2001, I caused the same to be published (by title) in the official paper of said City (the same being a paper of general circulation published in said City), and that said publication was made ten days before the pasaage of said ordinance. I hereby certify that the foregoing ordinance was afterwards duly and regularly read and amended by the City Council of said City on second reading at a regular meeting thereof held on the 25th day of Sebtember , 2001, and that thereafter, to-wit: on the 28th day of September , 2001 I caused the same to be publiahed (by title), in the official paper. I hereby certify that the foregoing ordinance was afterwards duly and regularly read and amended by the City Council of said City on third reading at a regular meeting thereof held on the 5th day of December A.D. 1995, and that thereaPter, to-wit: on the 9th day of December A.D. 1995, I caused the same to be publiahed (by title), in the official paper. I hereby certify that the foregoing ordinance was afterwards duly and regularly passed by the City Council of said City on fourth reading, at a regular meeting thereof held on the 21st day of Mav, 2002 and that thereafter, to-wit: on the 24th day of Mav, 2002 T caused the same to be published (by title), in the official paper. ~ WITNESS my hand and the seal of said City of Boulder hereto affixed, this 5th day of June, 2002 r---~ `.~~ OF BpV S. L. North ~' ~~G; .• •,<O~ Deputy City Clerk ~ ~~~` ~°';; s ~~;• ,.!~ :~a.~ o~o~x~re~s~s~ AN OHDINANCE ADOPTINQ A N8W.8l0710N M.10, B.R.C. 1081 FU NRURE IN AN O PUTG00pIB O~ OF~ ~AND BERINO FOH~TM DETAIL@ IN REUTION THBHEfO. (The puelbhatl.px~ o/ th~ above o~ na I~ ~v~ll~hla ror puroWlo ImpwUon and eaquisnlon In tha oMaa o1tn~ C Clqrk, Munblpel Bullql 1717 Brord~ wey, Baultla, c0 B03p2J- IMRODUCED,-RFAQ ANp ORDENED PUBLIBMED BY TmE ONLV THIB JflD DAY qF APRIL, P001. . - ~ REAp~ON 8L'_COND H6AOMG~AM~NDlD ANO ORDERED PU9LIBHED BV HEAD ON THIRq HERGINO M~TpOq~D AND ORDEqED PUBLI9H6D 6~ TITLB~ONLV THf81BTH ~A~OF OCTOBER, 2001. . MAVON~ ATTEST: QlryCkrk~~ . . - ~ ' Motbn Pa~ipcnatl: 6:3 EltlMdp~, Mnok & Rlypla Oppo~atl, Conp~ AbnM ' Pu6lUhatl Octohs"r 19, Z001 In IM D~ly Cu~ere-178118. pI ~/~ ~y/ pp - FURN17UR NIN AN yo HS-LOC O~A, N~EfT O ROR'F~ CfiTAIL8INRELATIONTXEflETO. - . - a~d ~uliMkA In ~a oM~ MMi Cily CIaX~ ~ M~~Wpsl Buliqirp,ll ~ ~; ~ o~ way, @oulAe, c0 80904.) ~ INTqpp~p ED, READ AND~OADERBp PUBUSFIED-6Y'T1iLE ONLY 1H1~ 8~¢ DAYOFAPRIL,7001: ~ ~ . ~ - - qpAb ON BECOND HEADINQ AM@NOED AND OND6RED PUqLleq~ 9~ TRLE ONLY THIB 26TN DAV O~ BEPiEMB~H, 2061.. . ~~ . ~ - MAYOF~ .~ AAHBT: ~ .:, - ~ . . . . , CIryNC ii ~' . . . ~ . ~ Modon qMW:6:9. HiNlak,_ Copx, ~ntl Morzel OppowA: . ~ Pu611~hM 8~ptemWr II8, ~qOt In tl~ DWIy fw' m~ra'-17~EB: - .. - flnmxnnce No. v~sa (4th Heedlnp) epE ~qWe°hl o In tha OHI~ ol ~he Clry Olk , Mun clipe~'BUIIdIn0,1777 Bro~W way, eoultler, CO 80302.) . INTRODUCED, flEAD AND OHDERED ORUEHBD PUBLIBHED BV TITLE ONLYTNI83RDDAYOFAPp1420D7• ~ ' READ QN 9ECOND READINQ AMENDED AND ORDEBED PUBLISHINO BV TITLE ONlY 7H18 267H DAY Ok BEMEMBER; 2001. ' T~7LE ONLV THI9 1B'fH DAYOP ~08ER, P~OO~1,Ofl~ERED PUBUSHED BV RFAD ON POUHTH REA~INQ.PA88HU AOOPTeD AND OR~EpED PU& LIBHEO BY TITLE ONLV THIS 278T DAV dF MAY, 2002. i . . WIIITOar - MAVOH A1TE8T: ~ Allae D. Lewls City Clerk - ' Matlon Cqrried: &3 HaNick, Eltlrldpe & Morsel Oppo~ed PubllehetlMay24,20021nNreDellyCemere-YYBOBB. ~ ~i2s ~,~,~.,w~.~ DAY OF APRIL, W. ~~~eD PU8L18HED 9Y SRl60NLY ~MA~VOW FTTGBT: ~ C lswi~ ~~Y~ lwmam~ co eatas.) , . _. . IMHODUCED, HPAD ANO ORDEPED PUBLIBHEp 8V TIttE ONLYTHIB 9HD DAV OFAPRIL, 2001. . flEAD ON BECOND qEADINO AMENDED, AND OqDEqEO PUBLIBHHD BY fITLE ONLV THIB 77fH DAV ok APRIL, II007. WHI Toor MAVOp ~TTEBT: Jba D. Lewle :My Chrk uEllshad ApH120, ~001 In ih~ Delly Cemsre • 1Y0403. - ~ oamx~wn~s~Qe. - ~ CONC~M ~ AN ORD1N N~ 7NC ~Pl1- ~~ -L60~~ A~~eEET INONFOH~TFF, - pE7A~ I~N PBLATION TMEREfO. A . -(The publlahM taxl qt Ma Wove ortllnMaa Is sWt~ble Mr uplie ImpDytlor antl aoqulsNlon In the ofPp ol ths Alry Clerk, Mun~Up~l BuP~np,1977 qroW vnY~ 9oultler, CO 80.902.) . - - INiNODpCED,R~ADANCOHDEREpPUBL18HEDBYTrtLEON4VTH1~9H[ DAY OF APRIL, 2001. . . TIT~LE ONLV TM18N2~6TH ~AV O~ BEPTEMB~R, 4qp1pDEHED PUBLIBN~D b~ WIIITOw . . ~ MAVOH . - ~ .M A1TE87: - . . . , °` Al1uD.l.ewlt ~ ~ ' , Cily CIerN , . ~ . - . ~ MWlon C~~Med: 8:3. M~vlloN, Wp~k, ~ Mo(iN GqpuuE• Pu611~hed eeptaml~r 28; 70Gt Jo th~ Dqly Cunx~ • 1708d9. - ~ " OONCFyRNNO THE PR~OHIBITION OF TTHE USE ~OFR~WDOOfi FURNITUqE IN AN OUTOOOflB LOCATION, AND SETfINq FORTH DETAILS IN RELA710N THEqETO. . (The pu611ehe0 texl Mlha ebove ortlinpnce le evelle6la for pu611c I~epectlon and aoqulsltlan In the ofAae ot the Ciry Clerk, Municipel Bullding, 17~~ Broed- +rey, Boulder, C080902J INTRODUCED, READ AND ORDERED PUBLISHED BV TITLE ONLV THIS 3RD OAV OF APRIL, 2001. - FEAD ON SECOND READINQ, AMENOEC, POBTPONED AND OqDERED PUBLISHEO BY T17LE ONLV TH18 17TH OAY OF APflIL 2001. POSTPONEO 'iuBTN DAY OF BHPTEMBHA II001~R PUBLISHep B~ TITLE ONLY THIB TIT~LE~ NrLYTMTY11~8D19TH~ AN OFAPqIG 2pp2 ND OHDERED PUBLISHED . . WIIIToor ATTEST: ~ MAYOR f __, , Allea D. Lewis ~ ' . ~ cirycierk ~ - ~ - Motlon Carrietl: 8:3, Havllck, Morzel entl Palnaqtle Oppoeed