HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/1999 - SECOND READING OF ORDINANCE NO. 27, 1999, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 13
DATE: March 2, 1999
10 FORT COLLINS CITY COUNCIL STAFF:
Tom Shoemaker
SUBJECT:
Second Reading of Ordinance No. 27, 1999, Amending Chapter 23 of the City Code by Adding
Provisions Pertaining to Natural Areas.
RECOMMENDATION:
Staff, the Natural Resources Advisory Board, and the Parks and Recreation Board recommend
adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
These adopted regulations govern human behavior in City-owned natural areas and are an important
part of staffs efforts to protect the City's significant investment in natural areas. Ordinance No.27,
1999, was unanimously adopted on First Reading on February 16, 1999.
i
AGENDA ITEM SUMMARY ITEM NUMBER: 17
FORT COLLINS CITY COUNCIL DATE: February 16, 1999
STAFF: Tom Shoemaker
SUBJECT:
First Reading of Ordinance No. 27, 1999, Amending Chapter 23 of the City Code by Adding
Provisions Pertaining to Natural Areas.
RECOMMENDATION: °. .^
Staff, the Natural Resources Advisory-board, and the Parksaand Recreation Board recommend
adoption of the Ordinance on F.iRs Read1g.
FINANCIAL IMPACT:
Implementation of the Ordinance can be carried out with existing funding.
C 0
EXECUTIVE SUMMARY:
These proposed regulations would govern human behavior in City-owned natural areas and are an
important part of staffs efforts to protect the City's significant investment in natural areas. Without
these provisions, the City would,immanyfnstance hay wayto enforce activity restrictions
necessary to keep wildlife and r vegetat n fro b eg y impacted, and in some cases,
destroyed.
Only six of these provisions are new. The rest are either(1)similar to Parks Rules and Regulations
or other existing regulations or(2)were reviewed by Council(and by the public)when the"General
Management Guidelines for City-Owned Open Spaces and Natural Areas" ("Guidelines") was
approved in 1994.
A couple of the provisions have been of particular interest to the public: (1)the provision,from the
"Guidelines," requiring horses to remain on trails,or within a specified distance of trails,in natural
areas;and(2)the new provision providing for permits to allow certain activities,such as training of
Search and Rescue dogs off leash and off trail on certain natural areas under Section 23-193 (e).
Council also had concerns about other aspects of the proposed Code changes. These concerns were
addressed at Council's February 9 Study Session.
DATE: 1�ebiday_16, 1999 2 ITEM NUMBER: 17
BACKGROUND:
The City currently owns over 5,000 acres of natural areas. These natural areas need appropriate
management to avoid undue trampling,scarring,wildlife impacts,and other degradation,as well as
to protect the safety of site visitors. This protection can best be achieved by adopting and enforcing
regulations which address public use of the natural areas. The terms of the Ordinance fall into four
general categories: (1)those similar to the regulations governing the City's parks, (2)those similar
to other existing City regulations, (3) those proposed in the 1994 "Guidelines," and (4) new
provisions that address issues that have recently come to the attention of staff in managing the
natural areas.
Some natural areas have sensitive natdizal features (e.'g., rare plants, threatened or endangered
wildlife,key wintering wildlife`ibabitat;fAgilee rock outcroppings,etc.). On such sites,recreational
use needs to be very carefully managed. Other, less sensitive natural areas also need appropriate
management of human activities. In 1997,the City established a Natural Areas and Trails Ranger
Program. Rangers are commissioned to enforce the law(misdemeanors)in natural areas and along
trails. Because most users are interested in protecting natural resource values if they know how to
do so,rangers take a soft approach in most instances,advising visitors of appropriate use of natural
areas and explaining why certain activities are damaging. But for visitors who are not interested in
protection of natural areas,laws are needed that can be enforced with citations. Until the Ordinance
currently before Council is adopted the rangers haven wa to enforce certain aspects of natural
area protection. `a
The increasing population of Co 1ns area makes many of these provisions necessary. In
many instances, if only a few people were involved in the activities, impacts on natural features
would be minimal. But when these activities are multiplied by the increasing numbers of people
using the natural areas,impacts become potentially serious. For example,it isn't unusual for rangers
to see 10 - 20 people using the trail in Pineridge in any 1.5 -2-hour period. On designated trails,
those numbers can be accommodated. However,when that many people start roaming off the trails,
negative impacts result.
The "Guidelines," reviewed and adopted in 1994, identified management guidelines to protect the
City's natural areas. It was anti atedtrever
lations P o"° d in filat document would be codified
soon after the document's ado Son. Hott di occrrTherefore those regulations have
been incorporated into the pro sed Or Ctrrrently before Council. Provisions related to the
"Guidelines" are identified with a , on "attached "Explanation of Proposed Regulations for
City-owned Natural Areas. Other provisions are similar to existing Parks Rules and Regulations
(identified with a"P"), some are partially addressed in other sections of the City Code (identified
with a "C"),and some are new(identified with an "N").
Portions of the Ordinance have been reviewed at various open houses in the past few years including
an open house to review the"Guidelines"and open houses on specific site management plans(Cathy
Fromme Prairie Site Management Plan, Foothills Natural Areas Management Plan, and Cache la
Poudre River Natural Areas Management Plan). An open house for public review of an earlier draft
of the Ordinance was held Monday, October 19. About 20 people attended (public comments
attached). A few people also called the office asking to have a copy of the Ordinance mailed to
them.The ad for the open house ran in the October issue of The Senior Voice and four times in the
Coloradoan. A press release was picked up by the Coloradoan and by local radio. The Parks and
DATE: February 16, 1999 3 ITEM NUMBER: 17
Recreation Advisory Board and the Natural Resources Advisory Board also reviewed and approved
the proposed provisions (recommendations attached).
Citizens and Councilmembers had concerns about the regulations as originally proposed in
December 1998. Discussion of those issues occurred at Council's February 9 Study Session, and
is summarized below:
Natural area classifications as they relate to implementation of the regulations
The natural areas classification system appears in the 1994 "General Management Guidelines for
City-owned Open Spaces and Naturallreas." Sites subjeet to s�h;,e proposed regulations are classified
as either "Sensitive," "Urban,I& "Rest€native.' "Resto ative�is a temporary category applied to
a natural area that needs to be restored,befare bei g placed into either the "Sensitive"or the"Urban"
category. The main difference between a Sensitive site (e.g., contains a rare, threatened, or
endangered plant or animal species in need of special protection) and an "Urban" site is that, as
proposed, recreational use on sensitive sites will be restricted to the established trail system. This
restriction has received strong community support. Proposed Code Section 23-193(c) allows the
City to post sites that need the special protection accorded to "sensitive" natural areas.
Intent of Regulations
The ultimate intent of natural area an eme t is"to rotee anon some cases, restore, natural
features. The proposed Code visions:ar`a just e toolseededto accomplish this goal. Education
and interpretation are the tool f preferrence. Bjt there are those few who prefer to use the natural
areas in a manner contrary to the iCy s adop 3 pro"t ction goals. Without the authority of law,staff
is helpless to keep such users from engaging in damaging activities.
Staff has found that the public sometimes has differing interpretations of what a natural area is,and
therefore, what the intent of management should be. One misconception common to many special
interest groups is that a natural area is simply an empty piece of ground on which anything goes.
That does not fit Fort Collins' definition of a natural area or adopted goals and objectives. The City
only acquires a piece of property as a natural area if it has one or more specific natural features
(wildlife habitat is a common one)"TCie(no
I fe2 s YeYireecific types of management in
order to thrive.
The intent of the Ordinance is allow y present generations, but generations to come, to
connect with nature. Uncontrolled use of natural areas allows some people to explore nature freely,
but this unmanaged activity will eventually destroy those opportunities for others.
All natural areas will offer opportunities for human recreation (some sites are temporarily closed
until appropriate trails and management tools can be installed). People are allowed to access natural
areas to, among other things, see the magnificent views; to watch wildlife; to get an up-close look
at a variety of plants; to hike and ride bikes in some of the rugged areas away from the city; to go
horseback riding close to home;to walk leashed pets;and to sit and contemplate.School groups have
access to the natural areas as they begin to learn about ecological functions, and CSU students are
able to use these valuable areas for research.
DATE: e ruary 1 4 ITEM NUMBER: 17
Likelihood of enforcement
There were comments that some aspects of the proposed Ordinance are unlikely to be enforced and
therefore should not be included in City Code. Likelihood of citations is not really the issue. Staff
does not expect that a lot of citations will be issued. If certain activities are controlled by law in
natural areas,most people will abide by the law and enforcement will not be necessary. For those
few who refuse to adhere to the law, enforcement will be possible.
An I I M p.m. - 5:00 a.m. curfew in natural areas
There was some opposition to tie paved trail system oid;gh
natural areas being subject to the 11:00
p.m.-5:00 a.m.curfew. Several years ago,this ci tfe ways initiatedt in parks as a result of neighbors
being upset with crimes and no a occumng4m�ie parks at nig The curfew in the parks greatly
reduced the problem. Natural areas have some of these same problems.
The mere existence of such laws can be surprisingly effective. A curfew,even without active patrol,
greatly reduces crime and disturbance in areas subject to the curfew. A lot of people will obey a law
if it exists,but will not abide by a desired action without a law. Only a few refuse to abide by the
law. Those are the ones for whom enforcement is necessary.
The use of the trail system through natural areas between 11:00 p.m.and 5:00 a.m. carries potential
dangers. Even though the trail e part o Eor[ ollinsortation system, it does not have
the same safety features as a124--hur tran o aS1,pti sys s. People are more vulnerable to
becoming victims of crime in a natural area t night. The urfew can also be seen as a crime
prevention measure. It also will h p to redu a 'crime's of opportunity," such as graffiti,vandalism
or drug activity.
The natural areas also need some time when wildlife can move freely without the presence of
humans. Having a period of rest from human interference allows wildlife to function naturally, at
least for a few hours, without the heightened stress experienced when humans are present.
Having cited all of these reasons for the curfew,staff has,nevertheless,included a permit system for
those who need to be in a natur aat nigh or 1 asnomy class.
Horseback riding in natural
There was originally some discussion about whether horses can be safely handled within the
originally proposed five-foot distance from other recreationalists. Therefore,the Ordinance has been
revised to allow riding within 10 feet of trails. After concerns were expressed that some horses
cannot be controlled even within 10 feet of some activities,the Ordinance was additionally revised
to allow horseback riders to go farther than 10 feet off of a trail when necessary to prevent dangerous
circumstances. However,this is not intended to allow horseback riders to ride wherever they want
under the claim that a particular horse is unruly in the presence of other recreationalists. Staff will
post areas where horseback riders are not required to adhere to the 10-foot regulation,such as general
areas within which they may cross the River.
DATE: February 16, 1999 5 ITEM NUMBER: 17
Enforcement of the leash law and Search and Rescue Doe Training in natural areas
This is not a new law in natural areas. With the implementation of the Natural Areas and Trails
Ranger program, the Rangers began enforcing the leash law in natural areas on a patrol basis. The
patrol program was implemented because of complaints from natural area visitors and neighbors
who were upset by being approached and accosted by dogs running loose and by witnessing dogs
harassing wildlife. To address dog owners' desires for a place to let dogs run loose, the Parks and
Recreation Department has opened a dog park. The park is heavily used, and most everyone
recognizes the need for additional dog parks.
As the leash law applies to Lariiner Co unty Search ndR escue, proposed Code Section 23-193(c)
provides for the issuance of a permit to allow traiiiing•of�eazdland Rescue dogs off leash, subject
to terms that have already beennegotiat4kThe�issuaifce of such permit is continent upon approval
of the Ordinance and Ordinance No. 29, 1999', amending the animals at large provision.
Activities adjacent to natural areas
A question arose about activities a person may engage in on their own property,adjacent to a natural
area,which would result in violation of a natural area regulation. The example was that of a person
flying a kite in a private backyard adjacent to a natural area and that if the kite extended onto the
natural area they would be in violation. In response to concerns, the Ordinance was reworded to
eliminate the reference to activ nes—adjacent io'natura eas F�The-
kite flying item was reworded to
make it unlawful to: "Fly a kith within aturalarea„ (le word's "or over" were deleted).
4
Throwine of Objects in Natural Aromas-1
One citizen was concerned about the proposed regulation limiting the throwing of balls and other
objects on natural areas because the wording, "other hand-tossed object,"meant that her child could
not, for example, pick up a twig and toss it into the river. That was not the intent of the wording.
The intent was to cover the throwing of inappropriate objects in natural areas. However,the item
has been reworded to make it unlawful to: "Throw,kick, or hit a flying disc,boomerang, or ball in,
onto or over a natural area, except within a fenced area designated and posted to allow dogs off-
leash."
Wading in Natural Area COPY
There was some concern about the prior version of the Ordinance relative to entering the waters of
a natural area. The current version only bans swimming(unless posted to allow it)in the waters of
natural areas, but allows wading and dangling of feet.
Perception of a large number of new laws/public process
Some people have expressed the view that the Ordinance would establish far too many laws in
natural areas. In response,it is necessary to clarify why the list of provisions appears long. To begin
with, there is a need to consolidate into one place laws likely to be violated in natural areas. Some
laws cited elsewhere in the City Code are restated in the natural area section for efficient law
enforcement and to clarify their application in natural areas,including those outside the City limits.
DATE:
February 9 6 ITEM NUMBER: 17
There is also a new item, Section 23-193(a)(17),that has been added to clarify that the listed City
Code provisions do apply on all City natural areas, even if they are outside City limits (as long as
they are open to the public). This has always been desired and intended, but recent developments
have brought to staff s attention the need to clarify this in the Code.
There were comments that the Ordinance received little public process. In actuality, the proposed
regulations from the "General Management Guidelines for City-owned Open Spaces and Natural
Areas" not only received public review when it was adopted in 1994, but since that time, the City
has been trying to manage our natural areas based on those recommended regulations. Even though
the recommended actions could not be enforced,people have been aware of the desired management,
and for the most part,have recognize8theimpo ce ofnh recommended actions in protecting
the features of the natural areas. In addifion, th�rLiave bee5nther opportunities for review and
input,including an open house jtural Resources visory Board and Parks and Recreation Board
meetings, and the Council Study Session on February 9.
As mentioned earlier, many of the proposed provisions exist in some form in other parts of City
Code or in the Parks Rules and Regulations.
Only six provisions in the Ordinance are entirely new: (1) Section 23-193(a)(10),making it illegal
to harass wildlife; (2) Section 23-193(a)(13) making it illegal to fish in violation of Colorado
Division of Wildlife regulations; (3) Section 23-193(a)(16), making it illegal to ride, bike or skate
in a manner that poses danger toaothers; 4 Se on 3' (9),Waking it illegal to build private
structures in natural areas; (5) nction 23-193(e. allowing th $ suance of a permit for research or
public safety-related activities,; cludingthe tra rig of Searcl rind Rescue dogs in certain natural
areas that would otherwise violatefhe Ordufance;ancT(6)Section 23-193(d)(18),requiring a permit
for scattering cremated human or animal remains on natural areas. All of the provisions,except(3)
and (6) (which were recent additions) were presented at a publicized open house October 19, and
staff met several times with persons who had specific concerns about the proposed regulations.
Attachments:
Proposed Regulations
Explanation of Proposed Regulations for City-owned Natural Areas
Copy of Minutes from Parks and#Rtmatirin AdvisotY*Bo�s disrussion on this issue
Letter of recommendation fro Natur` esouA ' d 14 dory$o d
Public comments log