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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/20/2001 - FIRST READING OF ORDINANCE NO. 34, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 30 FORT COLLINS CITY COUNCIL DATE: February 20, 2001STAFF• John Fischbach SUBJECT : First Reading of Ordinance No. 34, 2001, Amending Chapter 23 of the City Code by Adding a Provision Authorizing the Adoption of Administrative Regulations to Govern Conduct in City Facilities. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: This Ordinance amends Chapter 23 (Public Property) of the City Code, to authorize the City Manager to establish administrative rules and regulations for the conduct of the general public in facilities owned or operated by the City,as he deems necessary to protect those facilities or any other 110 City property, the safety, well-being and property of persons using such facilities, the use and enjoyment of such facilities by the general public,or to advance the needs and objectives of the City in maintaining and operating the facilities or the natural environment in general. The provision allows the City Manager to establish regulations for selected facilities or groups of facilities,so long as the regulations are filed with the Office of the City Clerk and notice of the regulations is posted at public entrances to the affected facilities. The provision states that any regulations adopted shall be deemed not to prevent the performance of emergency or law enforcement operations, or City management and maintenance activities. The Ordinance also makes changes to other sections of Chapter 23 to conform those sections with the new provision. BACKGROUND: The process for adopting regulations governing behavior in City facilities has varied in the past. The proposed Code provision will provide a uniform process for the establishment of facility regulations for the purpose of managing and controlling behavior in City facilities. It also provides clear authority for the City Manager (and the facility managers to whom he may delegate this authority) to suspend the privilege to use one or more facilities of a person who willfully or knowingly violates applicable administrative regulations. In contrast to certain other facilities- related provisions, such as the Parks and Recreation Area and Natural Area provisions codified in Chapter 23, violation of administrative regulations established under the new provisions will not be subject to civil or criminal penalty. Changes conforming the method for establishing regulations for the Library and the Museum are also included in the Ordinance. ORDINANCE NO. 34, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS BY ADDING A PROVISION AUTHORIZING THE ADOPTION OF ADMINISTRATIVE REGULATIONS TO GOVERN CONDUCT IN CITY FACILITIES WHEREAS,the City has acquired and constructed various recreational,cultural,educational, transportation and other facilities,which it operates for the benefit of the citizens of Fort Collins;and WHEREAS, the City is responsible for managing its facilities in a manner that protects and preserves the facility,protects City staff and property,and enhances the use and enjoyment of those facilities by the public for the intended purposes; and WHEREAS,the City desires to manage the conduct of users of those facilities so that visitor enjoyment, safety and the facilities themselves are appropriately protected; and WHEREAS, in order to provide for the specific day-to-day operation of those facilities, and to address the particular needs of each facility, which may vary substantially from one to another, the City Manager has recommended that the Council establish certain procedures by which the City Manager may adopt administrative rules and regulations governing conduct of users of City facilities; and WHEREAS, in view of the terms of this Ordinance and other changes in the City Code since the adoption of Ordinance No. 88, 1992,Adopting Rules and Regulations Governing the Use of City Cultural,Library and Recreational Services Facilities,by the Council on September 1, 1992,it is the Council's intent that Ordinance No. 88, 1992, shall have no further force and effect upon the effective date of this Ordinance; and WHEREAS, the Council wishes to authorize the City Manager to establish such rules and regulations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 23 of the Code of the City of Fort Collins is hereby amended by the addition of a new Article V to read as follows: ARTICLE V. CITY FACILITIES GENERALLY See.23-140. Rules and regulations.. • (a) The City Manager is hereby authorized to establish such rules and regulations governing the conduct of the-general public's use of facilities owned or operated by the city, excluding streets,sidewalks and other public;rights,'of--way, as the City Manager map tetermine arneeessary and appropriatetb'serve ttie(1)'or more of the following purposes:' (1i) the protection'of such facilities, or,any other city'or public property or facility; (2) the protection of the safety;well-being and property of persons using such facilities; (3) the protection- df the use:artd enjoyment of such facilities by fhe general public;or ( ) the needs ad,d abiecgves the city m masntatning.'and operatingucl factliti rant- r..` hb':t1"..,�.. '.,Iirorirr1 't n'rgetetal.. thei, ndgl d2 Ithe t of uehre afj lCs B ice of thiz sty Clerk ifithe;,postsng� ot<ce of,#he adoption of gtt`utidn at public entrances ofifi&` ected Such hall s afe of the legislations,M notice Qsa the full eext of'71the,regulations ss ost fife in'the,Qpfsce of the City Clerk and at''the•affected"facilities,.'and ii availattle;fortiublc review. The City Manager, or his deli a -Iliall have the power to ckclittie:any and a1T persons who willfullK or know,m lV yiolate'any such tegulatsgns from the use aYtd benefit of any or all city faeilstfeg-;subject to any erifbtcementprt e'edtiie's serfeii h in such regulations. No such regulations shall be deem ecl'to' appl}to emergency or law enforcement operations, or to city'management and maintenance activities, to the extent their application would impair the performance of the same. Section 2. That Section 23-171 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-171. $egulations..Care and custody. The city shall have the immediate supervision,care and custody of the Fort Collins public library, which shall be free for the use of the residents of the city subject to reasonable rules and regulations adopted pursuant to§23-14 . Section 3. That Section 23-172 of the Code of the City of Fort Collins is hereby deleted in its entirety. Section 4. That Section 23-187 of the Code of the City of Fort Collins is hereby deleted in . its entirety. Section 5. That Section 23-188 of the Code of the City of Fort Collins is hereby deleted in its entirety. ft Shall be tziflawfuf fo, any lie Section 6. That all Articles in Chapter 23 of the Code of the City of Fort Collins subsequent to new Article V are hereby renumbered accordingly. Section 7. That Ordinance No. 88, 1992, is superseded by the Code provisions enacted herein, and shall have no further force and effect upon the effective date of this Ordinance Introduced, considered favorably on first reading, and ordered published this 20th day of February, A.D. 2001, and to be presented for final passage on the 6th day of March, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of March, A.D. 2001. Mayor ATTEST: City Clerk