Chapter 12.16
STREETS AND SIDEWALKS

Sections:

12.16.010    Definitions.

12.16.020    Sale, display of merchandise.

12.16.030    Encroachments.

12.16.040    Discharging water, other liquids.

12.16.050    Ditches – Uncovered prohibited.

12.16.060    Ditches – Finding, abatement of nuisances.

12.16.070    Excavations – Permit required.

12.16.080    Permit required for construction of sidewalks and curbing.

12.16.090    Duty to clean sidewalks.

12.16.100    Drinking of alcoholic beverages in public ways – Use of glass containers prohibited.

Cross reference(s) – City datum established, GJMC 1.08.010; cemeteries, Chapter 2.40 GJMC; dogs running at large prohibited, GJMC 6.12.040; smoking restricted in certain places, GJMC 8.20.020; parks and recreation, Chapter 12.04 GJMC; procedure for moving buildings, Chapter 5.32 GJMC.

12.16.010 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Public right-of-way means and includes all streets, roadways, sidewalks, alleys, and all other areas reserved for present or future use by the public, as a matter of right, for the purpose of vehicular or pedestrian travel or utility installation.

(Code 1994 § 32-1; Code 1965 § 26-1)

Cross reference(s) – Definitions generally, GJMC 1.04.020.

12.16.020 Sale, display of merchandise.

It shall be unlawful for any person to place in or upon any public sidewalk, street, alley or public right-of-way any sign, advertisement or any article of merchandise offered, exhibited or advertised for sale or any other thing tending to interfere, obstruct or encroach upon the use of such public sidewalk, street, alley or public right-of-way or which renders such public sidewalk, street, alley or other right-of-way less commodious or convenient for public use, except when directed by the City Council that such display or sale of merchandise or any other thing may be permitted as part of a coordinated promotional effort involving a majority of the retail business establishments in the immediate shopping area. When directed by the City Council, such display or sale may be permitted for a maximum of seven days.

(Code 1994 § 32-2; Code 1965 §§ 19-13, 26-2)

12.16.030 Encroachments.

(a)    Duty to Remove on Notice. The owner of any building, fence, vegetation or other obstruction of like nature on any street, avenue, alley, sidewalk or public ground within the City shall remove such obstruction within 30 days after notice in writing signed by the City Manager and served upon such owner or his agent, and a failure or refusal to do so shall be a misdemeanor.

(b)    Removal by City. Whenever the owner of any building, fence, vegetation or other obstruction of like nature standing or encroaching upon any street, avenue, alley, sidewalk or public ground shall refuse or neglect to remove such encroachment after notice as provided in subsection (a) of this section, the same shall be deemed a nuisance and it shall be lawful for the City Council to cause the same to be removed or taken down, and the expense thereof shall be recoverable from the owner.

(Code 1994 § 32-3; Code 1965 §§ 26-4, 26-5)

12.16.040 Discharging water, other liquids.

(a)    It shall be unlawful to discharge steam, water, including but not limited to swimming pool water and irrigation water, or other liquids from any building directly onto or in such a manner that it will flow onto or seep under the streets, alleys and sidewalks within the City; provided, that the provisions of this section shall not apply to runoff water resulting from natural precipitation or sprinkling.

(b)    It is unlawful to discharge or cause to be discharged any gasoline, oils, benzene, naphtha, fuel oil, or other flammable, toxic, explosive or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to be capable of causing damage or hazard to structures, equipment or people, into the streets or other public ways.

(Code 1994 § 32-4; Code 1965 §§ 19-75, 26-7)

12.16.050 Ditches – Uncovered prohibited.

(a)    No person, other than the commissioner of highways [City Manager] in the performance of his official duties, shall construct, maintain or conduct water through any open or uncovered ditch or canal, along or across any of the public highways in the City.

(b)    It shall be the duty of any person conducting irrigating water through any part of the City to immediately cover such [opened or uncovered] ditch or canal in some safe and substantial manner, to be approved by the commissioner of highways [City Manager], or to convey such waters through pipes, tiling or other closed conduits to be approved by said commissioner [City Manager].

(People’s Ord. 3, 11-7-11. Code 1994 § 32-5; Code 1965 §§ 26-8, 26-9)

Charter reference(s) – This section was derived from People’s Ordinance Number 3 which was adopted by referendum and which pursuant to the Charter § 142 must be amended by referendum.

12.16.060 Ditches – Finding, abatement of nuisances.

(a)    To carry out the intent of GJMC 12.16.050, the City Council shall determine whether an existing open ditch within the City constitutes a nuisance by endangering the public health, safety or welfare. Such finding of nuisance shall be made by resolution of the City Council after consideration of the conditions in regard to such ditch.

(b)    Upon a finding by the City Council that a nuisance exists, the City Manager shall proceed to either eliminate the ditch by closing such ditch or seek the covering of such ditch. As an encouragement to elimination of the ditch entirely, the City Manager may offer any one or all of the following inducements to the water users from the ditch:

(1)    The payment of a lump sum equal to the estimated water charges for a five-year period for watering the existing planted portion of the ditch water users’ premises; provided, however, that the maximum lump sum payment to the owner of any one premises shall not exceed the amount established by resolution of the City Council and on file in the City Clerk’s office.

(2)    The purchase by the City, at the option of the ditch water user, of the shares of ditch water at current value. The ditch water user may elect to retain ownership of such shares or sell them elsewhere.

(3)    Upon the closing of a ditch, or portion thereof, within the City, the former water users from such ditch or such portions shall be relieved of all responsibility in connection with such ditch, or portions thereof.

(c)    If the closing of the ditch is impractical, the City may participate with the ditch water users in the covering of such ditch, or portions thereof. In such case, the City’s share as custodian of the public right-of-way shall not exceed one-half of the cost of such covering, with the balance being assumed by ditch water users. If the City is also a user as well as custodian of the right-of-way, the share of cost of covering may be increased proportionately.

(Code 1994 § 32-6; Code 1965 § 26-10)

12.16.070 Excavations – Permit required.

No person shall make any excavation in any street or alley within the City unless he shall first have obtained a permit in accordance with Chapter 13.12 GJMC.

(Code 1994 § 32-7; Code 1965 § 26-11)

12.16.080 Permit required for construction of sidewalks and curbing.

(a)    A person shall, before commencing the work of building, reconstructing or repairing a sidewalk or curbing, make application and procure from the City Manager a permit therefor, which permit shall be issued only to such person who shall have paid a permit fee as established by resolution of the City Council and on file in the City Clerk’s office for each location for which a permit is sought, and shall have filed with the City Manager a correct description of the lots, tracts or parcels of land in front of which and along which such proposed sidewalk or curbing is to be constructed, reconstructed or repaired; provided further, that no such permit shall be issued by the City Manager to construct any such sidewalk or curbing until a record grade therefor shall have been established by the City Manager.

(b)    The permittee under this section shall procure and maintain, or shall cause any contractor or subcontractor of the permittee to procure and maintain, worker’s compensation insurance and employer’s liability insurance in conformance with applicable statutes or requirements of the State. All coverage shall be so maintained as to cover any and all employment liability, claims, demands and other obligations assumed or incurred by the permittee arising out of, or resulting from, activities entered into in furtherance of such permit.

(Code 1994 § 32-8; Code 1965 § 17-108)

12.16.090 Duty to clean sidewalks.

The owner, or his agent, or the occupant of any premises or property in the City shall maintain those sidewalks adjoining such premises or property in a condition free from snow, ice, mud, dirt, rubbish and filth. Any accumulation of snow and ice shall be removed from such sidewalk into the street within 24 hours after every snowfall.

(Code 1994 § 32-9; Code 1965 §§ 19-28, 26-6)

12.16.100 Drinking of alcoholic beverages in public ways – Use of glass containers prohibited.

(a)    It shall be unlawful for any person to possess or drink any malt, vinous, or spirituous liquors in the City, in or on any public street, road, highway, or public way which is either publicly or privately owned and used by the public, unless such possession and consumption is pursuant to and in accordance with a special events permit issued in accordance with § 44-5-101, C.R.S. et seq. or such place is a part of the premises designated under a valid license issued pursuant to State law and the consumption is otherwise lawful.

(b)    No person shall drink from or use glass containers when consuming alcohol in public places.

(Ord. 4832, 2-20-19; Ord. 3721, 2-16-05. Code 1994 § 32-10; Code 1965 §§ 19-29, 19-29.1)