8586 - SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY OF BOULDER AT THE GENERAL MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2023, THE QUESTION OF WHETHER OR NOT TO AMEND SECTION 8-3-21,“PROHIBITED ITEMS,” B.R.C. 1981, TO PK:\CCCO\o-8586 2nd Rdg-3477.docx
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ORDINANCE 8586
AN ORDINANCE SUBMITTING TO THE REGISTERED
ELECTORS OF THE CITY OF BOULDER AT THE GENERAL
MUNICIPAL COORDINATED ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 7, 2023, THE QUESTION OF
WHETHER OR NOT TO AMEND SECTION 8-3-21,
“PROHIBITED ITEMS,” B.R.C. 1981, TO PRIORITIZE
REMOVAL OF PROHIBITED ITEMS, SUCH AS TENTS,
TEMPORARY STRUCTURES, OR PROPANE TANKS, WITHIN
FIVE HUNDRED FEET OF A SCHOOL OR FIFTY FEET OF ANY
MULTI-USE PATH OR SIDEWALK; SPECIFYING THE FORM
OF THE BALLOT AND OTHER ELECTION PROCEDURES;
AND SETTING FORTH RELATED DETAILS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. On June 9, 2023, a petition committee presented a petition with sufficient
signatures of registered electors to initiate a vote on proposed amendments to the Boulder
Revised Code pursuant to Sec. 39 of the Boulder Home Rule Charter. Under Charter Sec. 40, the
City Council is required to either enact the proposed ordinance or set the ballot title for the
proposed amendment.
Section 2. A general municipal coordinated election will be held on Tuesday, November
7, 2023.
Section 3. At the election, an initiative will be set forth for voters to consider a change to
Section 8-3-21, B.R.C. 1981, to prioritize removal of prohibited items, such as tents, temporary
structures, or propane tanks, within five hundred feet of a school or fifty feet of any multi-use
path or sidewalk.
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Section 4. At the election, a question shall be submitted to the electors of the city of
Boulder eligible by law to vote, that will allow voters to determine whether Section 8-3-21,
B.R.C. 1981, should be amended, unless council decides to pass the measure instead of referring
it to the voters. The material to be added is shown in Section 5 below as underlined.
Section 5. If a majority of all the votes cast at the election on the measure submitted are
for the measure, the measure shall be deemed to have passed and the Boulder Revised Code shall
be amended to read as follows:
8-3-21. - Prohibited Items.
(a)No person shall erect or use any tent, net, or other temporary structure for the purpose of
shelter or storage of property in a park or recreation area, on any open space land, or on
any other public property, unless done pursuant to a written permit or contract from the
city manager. The prohibitions of this section do not apply to temporary shade structures
in any park or recreation area within the corporate limits of the city. A temporary shade
structure is a structure such as an umbrella or awning that provides overhead covering or
weather protection, but not designed for overnight use or privacy and cannot be fully
enclosed. No temporary shade structure shall remain in a park between sundown and
sunrise.
(b)No person shall possess a propane tank on any public property except that persons with a
city-approved permit may possess one UL-listed residential, propane-fueled gas grill or
heater in a city park provided that the propane is a maximum twenty poun bottle
connected to the grill or heater. No permitted tank shall be located closer than ten feet
from the nearest combustible structure. No person shall leave any park without first
having completely extinguished any fire. The prohibitions of this sub-section do not
apply to the possession of multiple propane tanks for the purpose of transportation to or
from private property or in connection with an approved city special event permit.
(c)Prohibited items located on city property within a radius of five-hundred feet from any
point on a school property line or within fifty feet on both sides of any multi-use path or
sidewalk are subject to prioritized removal. Signage or other notification methods may be
used to identify these boundaries.
Section 6. The official ballot shall contain the following ballot title, which shall also be
the designation and submission clause for the measure:
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Ballot Question No. ____
Shall Section 8-3-21, B.R.C. 1981, be amended to add a provision
to prioritize removal of prohibited items, such as tents, temporary
structures, or propane tanks, within five hundred feet of a school or
fifty feet of any multi-use path or sidewalk pursuant to Ordinance
8586?
For the measure ____ Against the measure ____
Section 7. 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 8. The City 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, AND ORDERED PUBLISHED BY
TITLE ONLY this 20th day of July 2023.
___________________________________
Aaron Brockett,
Mayor
Attest:
_____________________________
Elesha Johnson,
City Clerk
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READ ON SECOND READING, PASSED AND ADOPTED this 17th day of August
2023.
___________________________________
Aaron Brockett,
Mayor
Attest:
_______________________________
Elesha Johnson,
City Clerk