HomeMy WebLinkAboutORDINANCE 09-02o 0
ORDINANCE NO.9-02
AN ORDINANCE AMENDING SECTION 9.1 2.020
OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK
REGARDING SOLICITING BUSINESS ON STREETS
WHEREAS,the CD-Downtown Commercial Zoning District of the Town of Estes
Park has been established to provide high intensity retail and commercial services
within downtown Estes Park.The District is intended to encourage the predominance of
compact and pedestrian-scale retail service and office uses in the downtown core of
Estes Park;and
WHEREAS,in order to encourage and promote a pedestrian friendly
environment in the CD District,the use of all property within the CD-District is required
to be wholly contained within the interior of a building or permanent structure.Also,
retail merchandise is restricted from being displayed on or over public ways including
sidewalks and pedestrian paths/trails;and
WHEREAS,the solicitation of business upon the streets,alleys,sidewalks,or
other public ways or places within the CD-District would be in direct conflict with the
purposes and restrictions of the CD-District;and
WHEREAS,allowance of such solicitation of business upon the streets,alleys,
sidewalks,or other public ways or places within the CD-District would substantially
contribute to sidewalk congestion,harassment of pedestrians and littering;and
WHEREAS,since downtown businesses are restricted to operation wholly within
a building or permanent structure,an unfair advantage would be given to any business
allowed to solicit business on the streets,alleys,sidewalks,or other public ways or
places within the CD-District;and
WHEREAS,the following regulation of commercial speech has been determined
by the Town Board as the least restrictive means to further the substantial interest of the
Town in the promotion and operation of business in the CD-District;and
WHEREAS,the Town has a substantial interest in protecting the aesthetic
appearance of the CD-District by avoiding visual clutter and assuring safe and
convenient circulation of pedestrians within the CD-District;
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
Section 1.Section 9.12.020 of the Municipal Code shall be amended to read as
follows:
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9.12.020 Soliciting Business on Streets
It is unlawful for any person in any manner to solicit or try to obtain any business
of any kind while upon the public streets,alleys,sidewalks,parks,parking lots,or other
public places within the boundaries of the Town’s CD-Downtown Commercial Zoning
District.
(a)Soliciting means trying to obtain tenants or patronage for cottages,
hotels,dwellings,restaurants or other places of business of any kind or
nature,and also attempting to sell any article,or service,or obtain
customers for any business of any kind.
(b)Prohibition of soliciting for business in this Section shall not apply to
the following:
1.The use of licensed vehicles with the name written or printed
thereon of any business or to signs attached to buildings where the
signs may project into the streets or sidewalks and said signs are
authorized by other sections of this Code,
2.To licensed mobile vehicles or radio or television stations or
newspapers used to gather and transmit news to their place of
publication or broadcast,so long as that place is not a street,alley,
sidewalk or other public way or place within the Town limits and
there is no audible or visual transmission on those public places.
3.To solicitations which are non commercial in nature,including,but
not limited to,solicitations for political causes,religious
organizations or causes,and charitable contributions.
4.The Community Development Director of the Town shall designate
locations within the CD-District where newspaper stands may be
allowed to be placed for the purpose of allowing newspapers to be
distributed to the general public.Newspapers shall mean
publications containing news,comments,and articles of general
interest so long as the publication is not solely devoted to
commercial advertising or content.
Section 2:The adoption of this ordinance is hereby determined to be an emergency
in order to prohibit solicitation within the CD-District for the tourist season;and
WHEREAS,in the opinion of the Board of Trustees an emergency exists,this
ordinance shall take effect and be enforced immediately after its passage,adoption,and
signature of the Mayor.
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PASSED AND ADOPTED BY THE BOARD OF TRSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS 0zc DAY OF (..JtcnL ,2002.
6’
TOWN OF ESTES PARK
By:________
3%”Mayor
A]JEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at the meeting
of the Board of Trustees on the ,.,c-day of Qa_,a ,2002,and published
in a newspaper of eneral circulation in the Towntéf Estes Park,Colorado,on the4/-?day of ,2002.
cL-o.
Town Clerk