EXPRESS MAIL DROP BOXES

Denver Revised Municipal Code ch. 49, art. XIV, div. 10

in effect

Denver Revised Municipal Code § 49-550.10 Findings.

Sec. 49-550.10. - Findings. The city council finds and declares that: (1) The uncontrolled placement and maintenance of express mail drop boxes in the public right-of-way presents an inconvenience and danger to the safety and welfare of persons using such right-of-way; including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services. (2) Express mail drop boxes located so as to cause an inconvenience or danger to persons using the public right-of-way, and unsightly express mail drop boxes located therein, such as express mail drop boxes that are poorly maintained or have been defaced with graffiti, constitute public nuisances. (3) These factors are an unreasonable interference with and obstruction of the use of the public right-of-way, are injurious to health, offensive to the senses, and constitute such an obstruction of the free use of property as to interfere in the comfortable enjoyment of life and property by the entire community. (4) Users of express mail drop boxes come to rely on the availability of said drop boxes at certain places on the street and at certain kinds of places. The public interest is served when the positions of drop boxes match user expectations. (5) Council specifically finds that the preservation and protection of Denver's parks, parkways, park resources and infrastructure, as well as protecting and enhancing the experience of the users of said parks and parkways, requires that the manager of parks and recreation have authority to reasonably regulate placement of express mail drop boxes in parks and parkways. Such regulation may reasonably include exclusion from parks and parkways. (6) The council further finds that these strong and competing interests require a reasonable accommodation which can only be satisfactorily achieved through the means of an ordinance designed to accommodate such competing interests by regulating the time, place and manner of using such express mail drop boxes. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.11 Intent and purpose.

Sec. 49-550.11. - Intent and purpose. The purpose of this division is to secure and promote the public health, general welfare and safety of persons using the public right-of-way, and to foster the aesthetics of the city, by regulating the placement, appearance, size, and servicing of express mail drop boxes on the public right-of-way. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.12 Definitions.

Sec. 49-550.12. - Definitions. The following words and phrases, when used in this division, shall have the meanings respectively ascribed to them unless the context otherwise clearly indicates: (1) Block means one (1) side of a street between two (2) consecutive intersecting streets. (2) Bus stop means either: the area immediately adjacent to any marked bus stop, such area shall be a ten-foot wide strip parallel to the roadway measured from the curb, or where there is no curb the edge of pavement, and shall run from the bus stop sign for forty (40) feet in the opposite direction of the flow of traffic, or an area specifically requested by the regional transportation district as a bus stop and so permitted in writing by the manager. (3) Corral means an area on the right-of-way enclosed on three sides by a fence or railings for the purpose of controlling the placement of newsracks. (4) Comprehensive streetscape plan means either a district or corridor plan, or specific location plan, adopted or approved by the city, governing the type, quality, design, finish and placement of all paving, amenities, landscaping, furnishings, utilities and other elements on or above the public right-of-way between the curb and property line. Comprehensive streetscape plans for specific locations must include not less than one-half face block in any contiguous direction. (5) Department means the department of transportation and infrastructure. (6) Express mail means private shipment of small packages for a fee. (7) Express mail drop box means any box, container, storage unit or other dispenser installed, used or maintained for the collection or distribution of express mail. (8) Light rail stop means either the sidewalk area and any raised or delineated boarding area adjacent to any light rail stop as defined by: the curb line, a line parallel to the curb line and fifteen feet from the curb line, or the total depth of the raised boarding platform, whichever is greater, which area extends from five (5) feet before the raised or delineated boarding platform to five feet after the raised or delineated boarding platform, measuring along the curb line, or an area specifically requested by the regional transportation district as a light rail stop and so permitted in writing by the manager. (9) Manager means the manager of transportation and infrastructure or the manager's authorized representative. (10) Newsrack means any self-service or coin operated box, container, or other dispenser installed, used or maintained for the display, distribution or sale of newspapers or other periodicals directly from said box, container or dispenser to the public. (11) Permittee means the person responsible for placing and maintaining an express mail drop box in the right-of-way. (12) Person means any person or persons, or entity including, but not limited to, a corporation, limited liability company, partnership, unincorporated association, or joint venture. (13) Right-of-way means the entire width between the boundary lines of property owned by the city and dedicated by the city for vehicular or pedestrian traffic. (14) Roadway means that portion of a street that is improved, designed, or ordinarily used for vehicular travel. (15) Service will be complete upon mailing a copy of the notice or order to the permittee, by registered mail, return receipt requested, or, if authorized by the permittee, sending the notice or order via electronic mail to an electronic mail address provided by the permittee. (16) Sidewalk means any surface provided for the use of pedestrians. (17) Street means all the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, tree-lawns and sidewalks. (18) Tree-lawn means the area between the sidewalk and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto. Tree-lawn shall also include any area within a roadway that is not open to vehicular travel. (Ord. No. 282-04, § 1, 5-3-04; Ord. No. 39-20, § 173, 2-3-20)

Denver Revised Municipal Code § 49-550.13 Permit required.

Sec. 49-550.13. - Permit required. It shall be unlawful for any person to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place, any express mail drop box without first obtaining a permit from the manager specifying the location of such express mail drop box. One (1) permit may be issued to include any number of express mail drop boxes, and shall be signed by the applicant. Provided all required documentation has been submitted, a permit shall be considered approved if the city takes no action within ten (10) working days from submission of the complete application. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.14 Application for permit.

Sec. 49-550.14. - Application for permit. The owner of the express mail drop boxes shall submit to the manager a signed application in writing upon a form provided and a certificate of insurance, approved in form and amount by risk management, showing the city as an additional insured covering any liability arising out of the maintenance of a express mail drop boxes. The application shall contain: (1) The name, address and, if applicable, electronic mail address of the applicant; (2) The proposed location of each express mail drop boxes for which a permit is sought. When the application is for more than ten (10) locations, the applicant shall supply a list on a computer disk formatted for use on the Department's computer system; (3) Whether the applicant would prefer to receive notice and orders by registered mail, return receipt requested or will accept posting on an electronic bulletin board as notice, and (4) Shall be signed by the applicant. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.15 Permit.

Sec. 49-550.15. - Permit. Permits shall be valid for the period June 1, or when issued, whichever is later, through May 31, shall not be transferable, and shall be renewable pursuant to the procedure for original applications and upon payment of the applicable nonrefundable permit fee. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.16 Issuance of a permit.

Sec. 49-550.16. - Issuance of a permit. No permit shall be issued unless: (1) The applicant has filed a written statement with the manager in a form satisfactory to the city attorney, whereby such owner agrees to indemnify and hold harmless the city, its officers, and employees, from any loss, liability, or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use, or maintenance of a permitted express mail drop box within the City of Denver. (2) The applicant has filed, and constantly maintains, a cash bond in the amount seventy five dollars ($75.00) per permitted express mail drop box up to a maximum of five thousand dollars ($5,000) to cover the cost of the removal of any express mail drop box that is in violation of this division. (3) The applicant has paid a nonrefundable permit fee of six and no/100 dollars ($6.00) for each express mail drop box. (4) The applicant is not in arrears as to any fees or charges regarding express mail drop boxes. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.17 Public safety criteria for placement of express mail drop boxes.

Sec. 49-550.17. - Public safety criteria for placement of express mail drop boxes. All express mail drop boxes placed in whole or in part upon any portion of the right-of-way, or which project onto or over any part of the right-of-way shall be in accordance with the following provisions: (1) No express mail drop box shall be placed, installed, used or maintained: (a) On the 16th Street pedestrian and transit mall, or within fifty (50) feet of the property line of the mall; (b) On the curb or roadway side of any sidewalk adjacent to any handicapped parking space or any loading zone, nor within five (5) feet of either end of a handicapped parking space or loading zone. (c) Within three (3) feet of any marked pedestrian crosswalk; (d) Within five (5) feet of any fire hydrant, fire call box, police call box, or any other emergency facility. (e) On any portion of a pedestrian access ramp for disabled persons, including the area between any two ramps on a given corner, or within three (3) feet of such a ramp. (f) Within five (5) feet of any of the following: parking meter posts, traffic control cabinets, bicycle parking racks, the entrance to public transit shelters, public telephone enclosures or stands, kiosks, the entrance to sidewalk cafe enclosures, public works of art, any portion of a driveway, trees. (g) On or within two (2) feet of any portion of a tree grate, manhole cover, meter and/or valve box cover, any utility access box cover vent cover for underground utilities or on any granite or other decorative sidewalk without special approval of the manager. (h) Such that the effective, clear width provided for the passage of pedestrians within the sidewalk portion of the public right-of-way is less than ten (10) feet in areas where the total sidewalk width is twenty (20) feet or greater, eight (8) feet where the total sidewalk width is between twenty (20) feet and sixteen (16) feet, or five (5) feet in areas where the total sidewalk width is sixteen (16) feet or less. (i) Within a bus or Light rail stop. (j) Within five (5) feet of a newsrack corral. (k) On landscaped areas or any location where there is no concrete pad (except, see section 49-550.17(3), below, for parkways). A permit from the department of transportation and infrastructure is required to install a concrete pad. (2) All express mail drop boxes shall be so placed and oriented that: (a) If placed on the curb or roadway side of a sidewalk or permitted concrete pad, the door for access to the express mail drop box shall be on the side opposite the curb or roadway and facing the pedestrian walkway, and the side of the express mail drop box closest to the curb or roadway shall be: i. If there is no tree lawn, at least two (2) feet and no farther than two and one half (2.5) feet from the curb or edge of pavement or; ii. If there is a tree lawn, no more than six (6) inches from the edge of sidewalk but, notwithstanding the above, at least two (2) feet from the curb or edge of pavement (b) If placed on the side of the sidewalk or permitted concrete pad opposite to the curb or roadway, the door for access to the express mail drop box shall be on the side opposite the edge of the sidewalk and facing the pedestrian walkway, and the side of the express mail drop box closest to the edge of the sidewalk shall be no further than six (6) inches from the edge of the sidewalk. (3) In parkways, placement of express mail drop boxes shall comply with all the requirements of this division and shall also be subject to rules and regulations promulgated by the manager of parks and recreation. (4) Express mail drop boxes shall not be chained, bolted, or otherwise attached to any thing except as specified in section 49-550.17(6), below. (5) Notwithstanding anything to the contrary in this section 49-550.17, no Person shall install, use, or maintain any express mail drop box that in whole or in part rests upon, in, or over any public sidewalk or parkway: (a) When such installation, use, or maintenance endangers the safety of persons or property; (b) When such express mail drop box unreasonably interferes with or impedes; i. The flow of pedestrian or vehicular traffic, including parked or stopped vehicles; the ingress into or egress from any residence or place of business; or ii. The use or maintenance of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location. (6) All express mail drop boxes shall be secured to the surface upon which they stand by bolts, unless an exception is granted by the manager, which exception shall not be unreasonably denied. The manager may prescribe appropriate methods, specifications and materials for bolts and attachments to sidewalks. All bolts and protrusions shall be removed from the Right-of-Way when the express mail drop box is moved or removed. (7) It shall be unlawful for any person, other than an employee or contractor of the city who is taking action pursuant to this division, to move an express mail drop box without the authorization of the permittee of the express mail drop box. (8) It shall be unlawful for any person to deface or damage an express mail drop box. (Ord. No. 282-04, § 1, 5-3-04; Ord. No. 39-20, § 174, 2-3-20)

Denver Revised Municipal Code § 49-550.18 Express mail drop boxes in parks or parkways.

Sec. 49-550.18. - Express mail drop boxes in parks or parkways. The manager of parks and recreation shall have authority as defined in section 39-2 to adopt rules and regulations for express mail drop boxes placement in parks and parkways. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.19 Number of express mail drop boxes allowed.

Sec. 49-550.19. - Number of express mail drop boxes allowed. The number of express mail drop boxes placed within the right-of-way shall be in accordance with the following provisions: (1) No express mail drop box shall be placed in an area that would cause a violation of the applicable public safety criteria outlined in section 49-550.17 or where the available space for express mail drop boxes has been exhausted. (2) Express mail drop box applications shall be processed in the order received with the first received application receiving the first priority. Where express mail drop boxes are in place at the time this division is enacted or where the manager receives applications simultaneously, the manager will use the following in determining which express mail drop box will be permitted at any location. (a) An express mail drop box that is in place and properly permitted will have priority to its location if the location meets the criteria established in this division. If an express mail drop box, which is in place, and properly permitted, must be moved it shall be allowed to relocate to the nearest location which complies with all of the provision of this division and is acceptable the permittee. No additional permit fee shall be charged for said relocation. (b) If a company has one express mail drop box located at a location it may only be permitted a second express mail drop box after all other companies have been permitted. (c) If a company requests a permit at a location where it has no permitted express mail drop boxes but there are two or more permitted express mail drop boxes for another company, the company with multiple express mail drop boxes must remove as many express mail drop boxes as necessary to allow for the placement of the new express mail drop box, provided that no publication shall be required to remove all of its permitted express mail drop boxes from a location. (d) If the number of express mail drop boxes at a location must be reduced for any reason, the last permitted express mail drop boxes shall be the first to be removed, and so on, with the first permitted the last to be removed. Any newsrack so removed shall be re-permitted at the nearest available location acceptable to the permittee without the imposition of a permit fee. (e) For purposes of this subparagraph (e) "location" means all express mail drop box located within one hundred (100) feet on the same side of the street in the same block. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.20 Maintenance of express mail drop boxes.

Sec. 49-550.20. - Maintenance of express mail drop boxes. Express mail drop boxes that in whole or in part rest upon, in or over any public sidewalk shall comply with the following standards: (1) Express mail drop boxes shall be constructed and finished in such a way as to provide easy and safe access by pedestrians using the public streets and sidewalks. The base of any pedestal shall be manufactured to accommodate sidewalk bolts unless an exception is granted pursuant to section 49-550.17(6). Express mail drop box shall conform to industry standards regardless of the material of their construction. (2) Express mail drop boxes shall be constructed or painted in a manner that allows them to be maintained free of rust, graffiti, glue, and other signs of outdoor wear and tear and abuse. (3) Express mail drop box shall not exceed forty-two (42) inches in height within twenty (20) feet of an intersection or alley, which shall be calculated as twenty (20) feet from the curb line, and fifty-seven (57) inches in height at any other location, twenty-four (24) inches in depth, and thirty (30) inches in width. The manager may grant an exception to the height requirements on a case by case basis if the permittee demonstrates that there will be no adverse effects to public safety. (4) No express mail drop boxes shall be used for advertising signs or publicity purposes other than that dealing with the permittee's company and express mail business. (5) Each express mail drop box shall have affixed to it in a readily visible place on the front of said express mail drop box, so as to be seen by anyone using the express mail drop box, a notice setting forth the name and telephone number of the permittee or the telephone number of a working telephone service to call to report a malfunction, to secure a refund, or to give the notices provided for in this division. (6) Each express mail drop box shall be maintained in neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each express mail drop box shall be serviced and maintained so that: (a) It is reasonably free of dirt and grease; (b) It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas; (c) It is reasonably free of rust and corrosion; (d) The clear plastic or glass parts thereof, if any, are unbroken and reasonably free of cracks, dents, blemishes and discoloration; (e) Any paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; (f) It is reasonably free from graffiti, unwanted paint or other unwanted markings. To that end, express mail drop boxes shall be inspected by the permittee no less often than once per week and all graffiti, unwanted paint, stickers or other unwanted markings removed therefrom. If the city inspects an express mail drop box and finds graffiti that has been there for more than a week, the city may paint over said graffiti with forest green, Federal Standard 595a, color 14056, or equivalent, and charge the permittee six dollars ($6.00). Further, if the city finds graffiti that is obscene or threatening the city shall call the notification number provided on the express mail drop box in question and the permittee shall remove or cover the obscene graffiti within four hours of said call or the city may then paint over said graffiti. No order to correct shall be sent to a permittee for violation of this subsection (f) except in conjunction with an order to correct another violation of this division. If the graffiti, unwanted paint or other unwanted markings cannot be removed or painted over, the express mail drop box shall be replaced; (g) It is free from trash. To that end, express mail drop boxes shall be inspected by the permittee no less often than once per week and all trash removed therefrom and from within five (5) feet therefrom, however no order to correct shall be sent to a permittee for violation of this sub-section (g) except in conjunction with an order to correct another violation of this division; and (h) Any structural parts thereof are not broken or unduly misshapen. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.21 Handicapped requirements.

Sec. 49-550.21. - Handicapped requirements. All express mail drop boxes shall comply with the handicapped requirements of the Americans with Disabilities Act (ADA) and the regulations adopted thereunder and all regulations adopted by the city regulating handicapped accessibility. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.22 Violations and fees for violation corrections and disposal.

Sec. 49-550.22. - Violations and fees for violation corrections and disposal. (1) Upon determination by the manager that an express mail drop box has not been permitted under the provisions of this division, it shall be immediately removed from the right-of-way and disposed of. Upon determination by the manager that an express mail drop box, although permitted, has been installed, used or maintained in violation of the provisions of this division, an order to correct the offending condition will be issued to the permittee by registered mail, return receipt requested, or by posting on an electronic bulletin board. Permittee shall be charged thirty-five dollars ($35.00) per order to receive the order by registered mail, or twenty-five dollars ($25.00) per order to receive the order by electronic posting. The order shall describe the offending condition, suggest actions necessary to correct the condition, establish a date for compliance that shall not be less than ten (10) days from the date the order is sent by registered mail, return receipt requested, or electronic mail. The order shall inform the permittee of the right to appeal. If the permittee appeals and wins such appeal, the cost of sending or posting the order shall be refunded. The offending express mail drop box may be removed by the manager if the offending condition is not cured by the date set for compliance in the order. An impound fee of one hundred and twenty dollars ($120.00) shall be assessed against each removed express mail drop box. The manager shall cause an inspection to be made of the corrected condition of an express mail drop box or of an express mail drop box that is reinstalled after removal under this section. (2) Any permitted express mail drop box impounded shall be treated as unclaimed property and disposed of by the city if not claimed within ten (10) working days. A disposal fee of twenty-six dollars ($26.00) shall be charged for each box disposed of under this division. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.23 Appeals.

Sec. 49-550.23. - Appeals. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this division may appeal under the process provided in section 56-106. (Ord. No. 282-04, § 1, 5-3-04)

Denver Revised Municipal Code § 49-550.24 Abandonment.

Sec. 49-550.24. - Abandonment. Any permitted express mail drop box located on the right-of-way which remains empty for a period of thirty (30) consecutive days after service of notice to the permittee shall be deemed abandoned. The manager may remove any abandoned express mail drop box from the right-of-way and, unless claimed within ten (10) days, and an impound fee of one hundred and twenty dollars ($120.00) paid, the manager may dispose of the express mail drop box and charge the disposal fee of twenty-six dollars ($26.00). (Ord. No. 282-04, § 1, 5-3-04)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH49STSIOTPUWA_ARTXIVTEOCPURI-W_DIV10EXMADRBOFetched: 10/27/2026