HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/16/1999 - FIRST READING OF ORDINANCE NO. 27, 1999, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 17
DATE: February 16, 1999
FORT COLLINS CITY COUNCIL 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 Parks and Recreation Board recommend
adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
Implementation of the Ordinance can be carried out with existing funding.
EXECUTIVE SUMMARY:
These proposed regulations would govern human behavior in City-owned natural areas and are an
important part of staff,s efforts to protect the City's significant investment in natural areas. Without
these provisions, the City would, in many instances, have no way to enforce activity restrictions
necessary to keep wildlife and vegetation from being negatively 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:
February 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 natural features (e.g., rare plants, threatened or endangered
wildlife,key wintering wildlife habitat,fragile 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 have no way to enforce certain aspects of natural
area protection.
The increasing population of the Fort Collins 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 anticipated that regulations proposed in that document would be codified
soon after the document's adoption. However,that did not occur. Therefore those regulations have
been incorporated into the proposed Ordinance currently before Council. Provisions related to the
"Guidelines" are identified with a "G" on the 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 Natural Areas." Sites subject to the proposed regulations are classified
as either "Sensitive," "Urban," or "Restorative." "Restorative" is a temporary category applied to
a natural area that needs to be restored before being 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 management is to protect, and in some cases, restore, natural
features. The proposed Code provisions are just one tool needed to accomplish this goal. Education
and interpretation are the tools of preference. But there are those few who prefer to use the natural
areas in a manner contrary to the City's adopted protection 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
I 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
i 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). These natural features require specific types of management in
order to thrive.
B
k The intent of the Ordinance is to allow not only 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.
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! 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.
P
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DATE:
February 16, 1999 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 11.00 p.m. - 5:00 a.m. curfew in natural areas
There was some opposition to the paved trail system through natural areas being subject to the 11:00
p.m.-5:00 a.m.curfew. Several years ago,this curfew was initiated in parks as a result of neighbors
being upset with crimes and noise occurring in the parks at night. 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 system is part of Fort Collins'transportation system, it does not have
the same safety features as typical 24-hour transportation systems. People are more vulnerable to
becoming victims of crime in the natural areas at night. The curfew can also be seen as a crime
prevention measure. It also will help to reduce"crimes 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 natural area at night, for example an astronomy class.
Horseback riding in natural areas
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 Dog 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 Larimer County Search and Rescue,proposed Code Section 23-193(c)
provides for the issuance of a permit to allow training of Search and Rescue dogs off-leash, subject
to terms that have already been negotiated. The issuance of such a 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 activities adjacent to natural areas. The kite flying item was reworded to
make it unlawful to: "Fly a kite within a natural area," (the words "or over" were deleted).
Throwing_of Objects in Natural Areas
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.
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Wading in Natural Area
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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.
i
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.
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DATE: February 16, 1999 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 recognized the importance of these recommended actions in protecting
the features of the natural areas. In addition, there have been other opportunities for review and
input,including an open house,Natural Resources Advisory 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 to others; (4) Section 23-193(d)(9),making it illegal to build private
structures in natural areas; (5) Section 23-193(e), allowing the issuance of a permit for research or
public safety-related activities, including the training of Search and Rescue dogs in certain natural
areas that would otherwise violate the Ordinance;and(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 Recreation Advisory Board's discussion on this issue
Letter of recommendation from Natural Resources Advisory Board
Public comments log
• ORDINANCE NO. 27, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23
OF THE CODE OF THE CITY OF FORT COLLINS
BY ADDING PROVISIONS PERTAINING TO NATURAL AREAS
WHEREAS,the City,pursuant to Section 25-72(a)of the Code,has acquired and designated
natural areas to benefit the citizens of Fort Collins; and
WHEREAS,the City is responsible for managing its natural areas in a manner that protects
the natural features and functions for which the sites were acquired; and
WHEREAS, the City desires to manage human use of the natural areas so that visitor
enjoyment, safety and the areas themselves are appropriately protected; and
WHEREAS, the Natural Areas and Trails Rangers, duly commissioned by the Chief of
Police, are responsible for enforcing certain portions of the Code in natural areas; and
WHEREAS, there are no existing provisions specifically intended to regulate the use and
enjoyment of the natural areas; and
WHEREAS,the Council wishes to adopt certain provisions to regulate the use and enjoyment
of its natural areas.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Chapter 23 of the Code is hereby amended by the addition of a new Article
VIII to read as follows:
ARTICLE VIH. NATURAL AREAS
See. 23-191. Purpose and scope.
This Article establishes the standards for conduct within city-designated natural
areas by the general public. The requirements and prohibitions of this Article shall
not apply to emergency or law enforcement operations or to city management and
maintenance activities to the extent the operation of this Article would impair the
performance of the same.
Sec. 23-192. Definitions.
. The following words,terms and phrases,when used in this Article,shall have the
meanings ascribed to them in this Section:
Designated trail shall mean a trail or path within the boundaries of a natural area,
whether paved or unpaved,maintained or unmaintained,designated as a trail for use
by the public by the posting of signs or by designation on official maps of a natural
area.
Director shall mean the Director of the Office of Community Planning and
Environmental Services of the city.
Group event shall mean an event such as an athletic event,class,fair or festival,
or other activity, if such event is reasonably expected to:
(1) include fifteen (15) or more persons;
(2) obstruct,delay, or interfere with the normal use of any natural area or any
trails, viewing stations, or other facilities located therein;
(3) present a risk of negative impact to animal or plant life, or the ecology of
any natural area; or
(4) constitute an"event or other special event"as the same is defined in§23.5-
2, in which event any applicable requirements of Chapter 23.5 shall also
apply.
Hazardous Substance shall mean any chemical,compound,substance,or mixture
that state or federal law designates as hazardous because it is ignitable, corrosive,
reactive or toxic,or any petroleum based substance or by-product,including but not
limited to solvents,degreasers,paint thinners,cleaning fluids,pesticides,adhesives,
strong acids and alkalis,paints, inks, gasoline, oil, and diesel fuel.
Incidental Trash shall mean discarded items reasonably and actually used or
consumed in the course of appropriate use of a natural area, or packaging from the
same, and shall not include household or yard waste, commercial or construction
waste,or other waste brought into a natural area for the purpose of disposal of such
waste, or any hazardous substance.
Natural area shall mean any area designated and posted by the city as a city
natural area,whether within or without the city limits,and shall include any trails to
the extent the same are within the boundaries of a natural area.
Service Area shall mean the Office of Community Planning and Environmental
Services of the city.
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. Waste shall mean solid or liquid waste, except hazardous substances, whether
organic or inorganic, including by way of illustration and not limitation,wastes and
materials commonly known as trash,garbage,debris or litter,animal carcasses,offal
or manure, paper, ashes, cardboard, cans, yard clippings, tree limbs, glass, rags,
discarded clothes or wearing apparel of any kind, or any other discarded object.
Sec. 23-193. Prohibited acts; permits.
(a) It shall be unlawful to:
(1) Discard, dispose or release any waste or hazardous substance of any kind
in a natural area or in a manner reasonably likely to result in the entrance
of such waste or hazardous substance into or upon a natural area,except for
the disposal of incidental trash in receptacles provided and marked for
disposal of trash.
(2) Bring any glass container into a natural area or possess the same while in
any natural area except when removing containers during site clean-up
activities.
(3) Bathe or wash any persons or objects in any waters of a natural area, or
otherwise in any manner reasonably likely to result in the release of any
waste or hazardous substance into any waters of a natural area.
(4) Drive, hit, or throw golf balls into or upon a natural area.
(5) Fly a kite within a natural area.
(6) Kick, hit or throw a flying disc, ball, or boomerang in, onto or over a
natural area, except within a fenced area designated and posted to allow
dogs off-leash.
(7) Operate a motorized model boat, car, truck, aircraft or other motorized
model vehicle in a natural area.
(8) Launch a model rocket in, onto or over a natural area.
(9) Bicycle, skateboard or skate(in-line or otherwise)in a natural area,except
upon a roadway or designated trail.
(10) Knowingly or negligently harass wildlife,or permit or direct a dog,falcon,
or other animal under one's care or control to harass wildlife, in a natural
area, whether or not the same results in injury to such wildlife.
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(11) Remove,destroy,mutilate,modify,or deface any building,structure,water
control device, fence, gate, notice, sign, survey or section marker, tree,
shrub or other plant or vegetation,insect,bird,or other animal,or any other
object,in a natural area,except during site clean-up activities,when taking
fish in a manner otherwise permitted under this article, or as specifically
allowed by permit issued pursuant to §§ 23-193 and 23-194.
(12) Possess or consume in a natural area any alcoholic beverage or possess any
container, whether open or unopened, that contains or has been used to
contain any alcoholic beverage.
(13) Fish in a natural area without a valid license as required by the Colorado
Division of Wildlife, or in violation of any requirements of the Colorado
Division of Wildlife, or possess a fish taken in violation thereof.
(14) Leave any fire unattended in a natural area.
(15) Camp in a natural area.
(16) Ride a horse, bicycle, skateboard, or other conveyance, or skate, in a
reckless or unsafe manner in a natural area.
(17) Violate the following in any natural area:
(i) Division 5 of Chapter 4,regarding control of animals;
(ii) Chapter 9, regarding fire prevention and protection;
(iii) Chapter 11,regarding hazardous materials transportation;
(iv) Section 12-37, prohibiting tampering with refuse or rubbish
containers;
(v) Chapter 17, regarding miscellaneous offenses, including without
limitation the discharge of weapons, trespass, loitering, and
disturbing the peace; and
(vi) Chapter 23.5, regarding special events.
(b) Unless a sign has been posted by the Service Area that the particular natural
area or a portion thereof is open for such use, it shall be unlawful to:
(1) Enter upon the ice of any waters of a natural area.
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• (2) Swim in any waters of a natural area.
(3) Sled, snow tube, downhill ski, or snowboard in a natural area.
(4) Ride a horse in a natural area, other than on or within ten (10) feet of a
designated trail,except to the extent unavoidable circumstances require that
a horse be ridden beyond this ten(10)foot limit briefly to avoid imminent
danger to other persons.
(c) It shall be unlawful to engage in any activity within or upon a natural area
when a sign has been posted by the Service Area that the particular area or a portion
of the area is closed for such use, based upon a determination by the Service Area
that such prohibition is appropriate to protect the safety or well-being of persons or
animals; the natural area, related facilities, or any other city or public property or
facility; the use and enjoyment of said areas of facilities by the general public; the
needs and objectives of the city in maintaining and operating the same; and/or the
natural environment in general.
(d) Except as authorized by a permit obtained for such use from the Service
Area, it shall be unlawful to:
(1) Enter a natural area during the hours of 11:00 p.m. to 5:00 a.m.
(2) Operate or park a motor vehicle,including without limitation,a motorized
scooter,motorized bicycle or motorized skateboard,anywhere in a natural
area other than on established roadways and in designated parking areas.
(3) Operate a motorized boat,other than one with a wakeless,electric trolling
motor in a natural area.
(4) Land or launch in a natural area, or fly lower than five hundred (500) feet
above a natural area, any type of aircraft, including hot air balloons and
hang gliders, except within takeoff or landing airways of a commercial
airport or in emergency situations.
(5) Remove archaeological, geological, or paleontological materials from a
natural area.
(6) Remove from a natural area, or rearrange in a natural area, downed trees,
logs, or groupings of branches or sticks.
• 5
(7) Collect seeds, plants, or cuttings of trees, shrubs, vines, grasses,
wildflowers,or other plants in a natural area,or otherwise remove the same
from a natural area.
(8) Plant trees, shrubs,vines,grasses,wildflowers,or other plants in a natural
area.
(9) Construct a structure in a natural area.
(10) Build a campfire,bonfire, or other fire in a natural area.
(11) Allow livestock to graze in a natural area.
(12) Feed, or attempt to feed, songbirds, squirrels, ducks, geese, or any other
wildlife species in a natural area.
(13) Post a notice, including fastening or showing cards, posters, or other
materials in a natural area.
(14) Conduct or sponsor a group event in a natural area.
(15) Perform a service for commercial gain or sell or offer to sell any item for
commercial gain in a natural area.
(16) Deposit rocks,wood, or dirt in a natural area.
(17) Release or otherwise introduce into a natural area an insect, bird, or other
animal.
(18) Deposit or scatter in a natural area cremated remains of any human or
animal origin.
(e) Research or public safety-related training activities involving any of the
activities prohibited in this Article,including without limitation the training of search
and rescue dogs off-leash, may be authorized by the Service Area by permit in
accordance with the procedures and standards set forth in § 23-194.
Sec. 23-194 Natural areas permit process.
(a) Any person or organization seeking a permit for the purposes set forth in
this Article shall apply for a natural area permit by filing a verified application with
the Service Area on a form supplied by the Service Area. A fully-completed
application must be filed with the Director not less than seven(7)business days nor
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more than ninety(90)business days before the date on which a permitted activity is
to commence;provided,however,that the Service Area may accept and process an
application that is filed after the filing deadline if, in the judgment of the Director,
there are sufficient time and sufficient resources for the Service Area to process and
investigate the application and make any preparations necessary for the activity.
(b) The Director shall approve,conditionally approve, or deny an application
on the grounds set forth in this subsection, and the Director's action and the basis
therefor shall be stated in a written notice to the applicant, no later than five (5)
business days after receipt of a fully completed application. The Director may deny
any application or impose any reasonable permit conditions or requirements upon the
approval of the same in order to protect the safety or well-being of persons or
animals; the natural area, related facilities, or any other city or public property or
facility; the use and enjoyment of said areas of facilities by the general public; the
needs and objectives of the city in maintaining and operating the same; and/or the
natural environment in general.
(c) A permit decision by the Director under Section 23-194(b)maybe appealed
to the City Manager by the filing of a written statement describing the permit applied
for, the specific decision under appeal and the basis for the appeal. Such statement
must be filed within ten(10)days of the Director's issuance of the subject decision.
The City Manager may conduct such discussions or proceedings as he deems
appropriate to investigate the appeal,and shall issue a written decision on the appeal
within a reasonable time thereafter.
Section 2. That all the subsequent Articles in Chapter 23 of the Code of the City of Fort
Collins are hereby renumbered accordingly.
Introduced, considered favorably on first reading, and ordered published this 16th day of
February, A.D. 1999, and to be presented for final passage on the 2nd day of March, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of March, A.D. 1999.
Mayor
ATTEST:
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City Clerk
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(a). It shall be unlawful to (Note: The following do not apply to emergency, law enforcement, or maintenance personnel or vehicles):
Fri
1. Discard, dispose or release any waste or Helps protect water and soil Larimer County Landfill; Helps protect water and soil quality for
hazardous substance of any kind in a quality and reduces human Larimer County plant and animal communities;
natural area or in a manner reasonably health hazards. Makes disposal Hazardous Waste reduces risk to wildlife that scavenge
likely to result in the entrance of such waste costs equitable for everyone— Disposal Facility; home trash containers.
or hazardous substance into or upon a residents and businesses pay for and business trash
natural area, except for the disposal of disposal of their own trash; receptacles.
incidental trash in receptacles provided and aesthetics of natural areas are
marked for disposal of trash.[P] protected by reduction of
overflowing trash containers.
2. Bring any glass container into a natural Reduces injury from broken One's own private Reduces injury to wildlife from broken
area or possess the same while in any glass; reduces litter. property. glass.
natural area except when removing Discourages illegal consumption
containers during site clean-up activities.[P] of alcohol.
3. Bathe or wash any persons or objects in Helps protect water quality and Homes (dishes and Helps protect water quality for wildlife
any waters, or otherwise in any manner reduce health hazards. Safety showers) and commercial and plant communities; reduces
reasonably likely to result in the release of concems—prevents vagrants car washes (vehicles); disturbance to waterfowl, other
any waste or hazardous substance into any from using waters for bathing showers at Parks pool waterbirds, amphibians, fish, and
waters of a natural area.[P] and indecent exposure. facilities. other wetland animals.
4. Drive, hit, or throw golf balls into or upon Protects visitors, as well as Golf courses and driving Helps reduce disturbance to wildlife by
a natural area.[P] those living adjacent to natural ranges. people retrieving golf balls on the
areas, from being hit by golf natural area.
balls; maintains natural area
aesthetics.
5. Fly a kite within a natural area.[G]. (Note: Maintains natural area Developed parks and Helps reduce disturbance to wildlife
The word"over"was deleted from the aesthetics; protects kite users mowed Stonnwater and damage to ground nesting bird
original text of this item because some from injury due to rough drainage areas. nests by people off trail and not
Council Members were concerned about it ground/unsure footing (holes, watching where they step on the
affecting the ability of residents adjacent to clumps of grasses and other natural area.
natural areas being able to fly kites in their vegetation), woody debris,
yards.) snakes—typical site conditions in
natural areas.
1
Q . . .-SiNUM
6. Kick, hit or throw a flying disc, ball or Maintains natural area Developed parks and Helps reduce disturbance to wildlife
boomerang in, onto or over a natural area, aesthetics; protects frying disc mowed Stomtwater and damage to ground nesting bird
unless within a fenced area designated and and ball throwing users from drainage areas. nests by people off trail and not
posted to allow dogs-off-leash.[G] (Note: injury due to rough watching where they step on the
The words "other hand-tossed object"were ground/unsure footing (holes, natural area.
deleted from the original wording of this clumps of grasses and other
item and the word"boomerang"was added vegetation), woody debris,
because of a resident's concern that her snakes—typical site conditions in
child would not be allowed to pick up a twig natural areas.
and toss it into the river. The intent of the
original wording was to cover the throwing
of inappropriate objects in natural areas,
without having to anticipate and list all
possible inappropriate objects. The current
language addresses the intent of not
regulating a child tossing a twig into the
river, however its specificity leaves us with
the inability to control the throwing of any
inappropriate object not listed. The words
kick or hit"were added to communicate the
intent of not allowing active sports on
natural areas.)
7. Operate a motorized model boat, car, Maintains natural area Developed parks and Helps reduce disturbance to waterfowl
truck, aircraft or other motorized model aesthetics; maintains the peace park-like Stormwater, and other wetland wildlife.
vehicle in a natural area.[G] (Note: The and quiet of the natural area. drainage areas.
wont"aircraft"has been added to the -
original language of this item.)
B. Launch a model rocket in, onto or over a Maintains aesthetics and peace Private land outside of Helps reduce disturbance to wildlife
natural area.[C] and quiet of the natural area; City Limits. and native plant communities(during
prevents accidental injury to site retrieval of rockets); prevents potential
users. wildfire hazard.
i
W
s ..
9. Bicycle, skateboard or skate (in-line or Allows visitors to enjoy wildlife of Private land and Larimer Reduces disturbance and injury to
otherwise) in a natural area, except upon a the area without disturbance County's Horsetooth Sport wildlife and impact to native plants;
roadway or designated trail.[G] (Note:A from bikes off-trail. Cycle Park. reduces onsite soil compaction.
previous reference to compliance with
sounding an audible signal was deleted
because it is covered in the current(a) 18.)
10. Knowingly or negligently harass wildlife, Makes it more likely that wildlife None, with the exception Reduces stress on wildlife.Wildlife
or permit or direct a dog, falcon or other will remain in the area for all to of private lands where actions such as running and "barking"
animal under one's care or control to harass see and enjoy. permission has been are sometimes interpreted by people
wildlife in a natural area, whether or not the granted for falconry. as indicating the wildlife are having
same results in injury to such wildlife.[N] fun, when in fact, the behavior
indicates the wildlife are afraid, and is
quite stressful to them.
11. Remove, destroy, mutilate, modify or Maintains the aesthetic quality of None. Maintains wildlife habitat.
deface any building, structure, water control natural areas; reduces natural
device, fence, gate, notice, sign, survey or areas maintenance costs.
section marker, tree, shrub or other plant or
vegetation, insect, bird, or other animal, or
any other object in a natural area, except
during site clean-up activities, when taking
fish in a manner otherwise permitted under
this article, or as specifically allowed by
permit issued pursuant to§§23-193 and
23-194.[C] (Note: The phrase, "or as
specifically allowed by permit issued
pursuant to 23-193 and 23-194"was added
to cover the possibility that it may be
desirable to allow any of these actions in
specific instances.)
V. Possess or consume in a natural area Helps protect human safety; Commercial
any alcoholic beverage or any container that helps ensure family use of establishments that serve
contains, or has been used to contain, any natural areas. alcoholic beverages;, +
alcoholic beverage.[C] private property.
3
o $
In
13. Fish in a natural area, without a valid Allows more fish and space Commercial fish farm Allows more fish for wildlife; ensures a
license as required by the Colorado Division along banks for other fisherman; ponds. more balanced, healthier fish
of Wildlife, or in violation of any ensures a more balanced, population when predatory fish (e.g.,
requirements of the Colorado Division of healthier fish population when bass) are permitted to grow to mature
Wildlife, or possess a fish taken in violation predatory fish (e.g., bass) are size. Although this is Colorado law,
thereof.[N] permitted to grow to mature size, adding it to City Code will allow
Rangers to issue tickets.
14. Leave any fire unattended in a natural Maintains the aesthetic quality None. Avoids potential damage to plants,
area.[C] and safety of a natural area. soils, and wildlife.
15. Camp in a natural area.[P] Maintains the aesthetic quality Private campgrounds; Avoids compaction of plants and soils;
and safety of a natural area. U.S. Forest Service reduces wildlife disturbance.
Discourages vagrant activity. campgrounds.
16. Ride a horse, bicycle, skateboard, or Maintains the safety of a natural None.
other conveyance, or skate,in a reckless or area.
unsafe manner in a natural area.[N]
17. Violate the following in any natural area
[C]: Notes: These laws, which appear in various sections of City Code are referenced here for law
(1) Division 5 of Chapter 4, regarding enforcement clarification purposes(e.g., to enforce City Code on sites owned by the City, but outside
control of animals; of the City limits and open to the public). Previous items prohibiting discharging weapons, eluding a
(ii) Chapter 9, regarding fire ranger, orinterfefing with a ranger or other officer, and launching orlighfing fireworks were deleted
prevention and protection; because they are covered in the current(a) 18.
(iii) Chapter 11, regarding hazardous
materials transportation;
(iv) Section 12-37, prohibiting
tampering with refuse or rubbish
containers;
(v) Chapter 17, regarding
miscellaneous offenses, including
without limitation the discharge of
weapons, trespass, loitering and
disturbing the peace; and
(vi) Chapter 23.5, regarding special
events.
� i !
MEN
>:
(b). Unless a sign has been posted by the Service Area that the particular natural area or a portion thereof is open for such use, it shall be
unlawful to (Note: The following do not apply to emergency, law enforcement, or maintenance personnel or vehicles):
1. Enter upon the ice of any A portion of the Prospect Provides user safety; City Park Lake; indoor Avoids unnecessary disturbance
waters of a natural area.[P] Ponds Natural Area will reduces litter, maintains skating at EPIC; Dixon to wintering waterfowl, wintering
likely be posted for ice aesthetic integrity of Reservoir, Boyd Lake eagles, and other wildlife using
skating once the Poudre natural area. (Loveland). the ice and open areas within
River Natural Areas the ice for resting and feeding.
Management Plan is Wintering waterfowl species are
completed (August 1998). more sensitive to disturbance
than resident Canada geese and
mallards.
2. Swim in any waters of a Although no portion of any Helps protect water EPIC, Mulberry Pool, Helps protect water quality;
natural area.[P] (Note: This natural area is currently quality and reduce Senior Center, City Park reduces disturbance to
item was reworded to reflect open to swimming or health hazards. Outdoor Pool. waterfowl, other waterbirds,
the intent of allowing wading, it is possible that amphibians, fish, and other
someone to sit on the banks this use may continue to wetland animals.
of pond or river and dangle occur at McMuny Ponds if
their feet in the water or to the City assumes
wade at the edges of the management of this site
water, but not to swim, from Larimer County.
unless the site is posted
allowing swimming.)
3. Sled, snow tube, downhill The hill west of the Dixon Allows visitors to enjoy Edora Park, Forest Reduces disturbance to wildlife
ski or snowboard in a natural Reservoir parking lot at wildlife of the area Service lands, and and impact to native plants;
area.[G] Pineridge Natural Area will without disturbance commercial ski slopes. reduces onsite soil compaction.
be posted to allow sledding from high activity snow
and snow tubing (per related recreation.
Foothills Natural Areas
Management Plan,
January 1997).
5
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K NO
4. Ride a horse in a natural Helps prevent conflicts and Private land or National Reduces disturbance and
area, other than on or within potential injuries for both Forests. injury to wildlife and
ten (10) feet of a designated trail users and horses; impact to native plants;
trail, except to the extent horses need the 10-foot reduces onsite soil
unavoidable circumstances buffer area in case the compaction.
require that a horse be horse is disturbed and
ridden beyond this ten (10) kicks.
foot limit briefly to avoid
imminent danger to other
persons. [G] (Note: The
initial limitation of 10 feet
from the trail is maintained in
the current language. But
two new concepts have been
added. One is to allow riders
the discretion, in specific
incidents, to move a bit
farther than 10 feet if needed
to avoid endangering other
trail users. The other is to
create horseback riding
zones in places where a
larger expanse of area
needs to be made available
for horseback riding activity
[e.g., crossing of the river at
various places]).
i
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O- WA OWN
(c). It shall be unlawful to engage in any activity within or upon a natural area when a sign has been posted by the Service Area that the
particular area or a portion of the area is closed for such use, based upon a determination by the Service Area that such prohibition Is
appropriate to protect the safety or well-being of persons or animals; the natural area, related facilities, or any other city or public property or
facility; the use and enjoyment of said areas of facilities by the general public;the needs and objectives of the city of Fort Collins In
maintaining and operating the same; and/or the natural environment in general.[G]
(Notes., Used to post activities that are normally allowed on a natural area, but due to the need to protect sensitive native plant or wildlife
communities of a particular site or portion of a site, certain activities may be more restricted. Examples Include: posting no off-tritil access,
no fishing or boating at selected water bodies, temporary trail closures due to wet conditions, etc. Cross country skiing was previously
proposed to be allowed only on or within 5 feet of trails, but will now be allowed anywhere on any natural area not posted with restrictions. In
effect, this will allow cross country skiing anywhere on urban natural areas, but sensitive natural areas will be posted to allow the activity
only on or within 5 feet of trails. This Item does not apply to emergency, law enforcement, or maintenance personnel or vehicles.)
41
(d). Except as authorized by a permit obtained for such use from the Service Area, It shall be unlawful to (Note: The following do not apply to
emergency, few enforcement, or maintenance personnel or vehicles):
1. Enter a natural Limited, special events, Helps protect human Private local campgrounds; Larger mammals (e.g., deer, fox,
area during the hours that require access during safety. Makes it illegal for U.S. Forest Service coyotes, raccoons, skunks) use
of 11:00 p.m. to 5:00 this period (e.g., owl vagrants to sleep in the campgrounds in the foothills trails, particularly road underpasses,
a.m.[P] (Note: There surveys, astronomy natural areas. Assists law and at Pawnee Grasslands, for undisturbed movement during
was a request to omit classes). enforcement because these hours); allows a rest period
the curfew on trails, area is closed to use with no human disturbance for
but this item has not during this period. wildlife.
changed.)
7
2. Operate or park a Limited, specialized survey Protects aesthetic quality Natural area parking lots- Avoids damage to fragile and
motor vehicle, or construction work that of natural area. Protects Snowmobiles, off-road sensitive plants and soils. Protects
including without would require vehicle site visitors from vehicular vehicles, and motorbikes grourid-level activities of wildlife.
limitation, a access to a site. traffic. Helps law allowed in some portions of Avoids soil contamination from oils
motorized scooter, enforcement stop off-road National Forests and at and fuels. Avoids unnecessary
motorized bicycle or vehicles, snowmobiles, Larimer County's wildlife disturbances.
motorized etc. Eliminates informal Horsetooth Sport Cycle
skateboard, parking lots. Park.
anywhere in a natural
area other than on
established roadways
and in designated
parking areas.[P]
3. Operate a Limited, specialized survey Maintains the peace and Horsetooth Reservoir. Avoids unnecessary disturbances of
motorized boat, other work that would require quiet of the natural area. waterfowl and other waterbirds.
than one with a motorized boat access to a Eliminates water pollution Reduces water pollution.
wakeless, electric site. caused by gas-powered
trolling motor in a motor boats.
natural area,[G]
4. Land or launch in Limited, specialized survey Protects aesthetic quality Commercial airports; private Avoids unnecessary disturbances of
a natural area, or fly work that would require of natural area. Maintains or other public lands where birds and other wildlife. Protects
lower than five use of aircraft. the peace and quiet of permission has been vegetation and soils from
hundred (500) feet natural area. Helps granted for such use.. compaction when vehicles are used
above a natural area, protect user safety in the to retrieve hot air balloons and hang
any type of aircraft, case of hanggliders. gliders landing on a natural area.
including hot air
balloons and hang
gliders, except within
takeoff or landing
airways of a
commercial airport or
in emergency
situations.[G]
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5. Remove Limited removal may be Ensures that these Contact local organizations Reduces disturbance to snakes,
archaeological, approved for resources remain for the for the nearest sites for etc.; reduces compaction to soils
geological or archaeological, geological, public's enjoyment and such activity. and vegetation from this off-trail use.
paleontological or paleontological societies not an individual's
materials from a or accredited educational enjoyment or profit.
natural area.[G] or research institutions to
protect materials or provide
off-site educational
benefits.
6. Remove from a Limited removal, or Human safety. Allows Approved U.S. Forest Provides important resting, feeding,
natural area, or rearrangement upon the ground-level wildlife Service areas. and nesting sites for a variety of
rearrange in a natural site, may be approved if nesting, resting, and small wildlife species, including
area, downed trees, work deemed beneficial to feeding sites for all to see small mammals, snakes,
logs or groupings of a plant community or and enjoy. salamanders, turtles.
branches or wildlife population.
sticks.*[C] (Note, *Removal of downed wood
Because of a citizen also requires City Forester
concern that her child Permit.
would not be
permitted to pick up a
twig and toss it into
the river, this item
was reworded in an
attempt to express
the intent, which is to
prohibit removal or
rearrangement of
aesthetic or habitat
elements[unless a
permit is issued]).
s
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7. Collect seeds, Collection is limited and is Preserves plants of the Purchase at local nurseries; Allows native plants to self-
plants or cuttings of for the purposes of natural area for all to see collect on private lands with propagate in a natural area.
trees, shrubs, vines, propagating native plants and enjoy. approval of landowner.
grasses, wildflowers to restore or enhance
or other plants in a natural areas or
natural area, or educational purposes.
otherwise remove the `Woody species also
same from a natural require City Forester
area.'[C] Permit.
8. Plant trees, Plantings are limited for the Preserves aesthetic Private lands. Maintains vegetative integrity of
shrubs, vines, purposes of restoring or integrity of the natural natural areas by avoiding
grasses, wildflowers enhancing natural areas or areas by ensuring that introduction of exotic plants;
or other plants in a to provide visual buffering native species in improves wildlife use of area by
natural area.`[C] and/or screening. *Woody naturalistic plantings are proper plantings.
species also require City used.
Forester Permit.
9. Construct a Structures are limited in Maintains the aesthetic Private structures are Decreases disturbance to wildlife
structure in a natural number and are for wildlife quality of natural areas. appropriate on private land. and sensitive plant communities.
area. [N] enhancement, wildlife Discourages vagrant
viewing, or specialized activity.
research projects. (City
may construct other
structures[e.g., restrooms]
for the public good.)
y sa v E 3 wa �ir � l� r7.� ,.,s {3:s .�yr {—i,+ ! uh'Yi
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>.'�n .<a ' ctti%"r: E�sSr"�d; , R`xu�,a " 'c, xsw.w.c:•• 8�s ` ro• s ,,,X,,gvEr�aa> n avra o£3 e5r£, .7w. '.>.... a:s>'16">".ysYttv a fi
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10. Build a campfire, Fires only approved for Maintains the aesthetic Private local campgrounds; Avoids potential damage to plants,
bonfire or other fire in vegetation management quality and safety of a U.S. Forest Service soils, and wildlife; avoids impacts to
a natural area.'"` [C] and/or research projects natural area. Discourages campgrounds in the foothills air quality.
and must be done in vagrant activity. and at Pawnee Grasslands.
conjunction with City staff.
Fires may be conducted for
ditch maintenance in
accord with easements.
Burning of vegetation
around the "A" on Maxwell
Natural Area permitted by
CSU's perpetual
easement. ""Poudre Fire
Authority Permit also
required.
11. Allow livestock to Limited grazing may be Preserves aesthetic Private lands. Approved Maintains vegetative integrity of
graze in a natural approved for experimental integrity of natural area by public lands. natural areas by preventing
area.[G] vegetative management. ensuring that native overgrazing; improves wildlife use of
species are not impacted area.
by grazing.
12. Feed, or attempt Permit may be granted to Helps protect human City residents may feed only Reduces threat of spreading
to feed, songbirds, Colorado Division of health/safety. Prevents squirrels and songbirds on diseases from one animal to
squirrels, ducks, Wildlife, Rocky Mountain animals from becoming private property. another, helps prevent unnatural
geese or any other Raptor Program, or U.S. aggressive due to hand concentrations of wildlife, which can
wildlife species in a Fish and Wildlife Service feeding; reduces risk of impact other species and water
natural area.[C] for special project. diseases spreading to quality.
humans.
11
A
13. Post a notice, Limited posting may be Prevents cluttering of Newspaper advertisements; Prevents introduction of materials
including fastening or approved if event is hosted natural area with notices commercial establishments. that may be harmful to wildlife (e.g.,
showing cards, by a local recognized and advertizing. stickpin).
posters or other conservation group, event
materials in a natural promotes natural area
area.[C] education, and notice is
posted in approved
location.
14. Conduct or Limited group events may Reduces disturbance for Areas designated by the Allows sensitive wildlife areas to be
sponsor a group be approved on select visitors seeking a Parks and Recreation protected from disturbances.
event in a natural sites only if event promotes naturalistic experience in Department for such
area.""[P] natural area education the natural area. activities
(e.g., Poudre River Fast at
Lee Martinez Natural
Area). "Police
Department Permit may
also be required.
15. Perform a service Limited special events may Provides a commercial- Commercial areas of the Avoids compaction of plant
for commercial gain be approved on select free experience for natural city. communities and soils due to high
or sell or offer to sell sites only if event promotes area visitors; reduces people use; reduces disturbance to
any item for natural area education litter, maintains integrity of wildlife communities; eliminates
commercial gain in a (e.g., Poudre River Fast at the natural area. unnatural food sources (food
natural area.`"""[P] Lee Martinez Natural vending).
Area). """"City
Vending/Sales Tax Permit
also required.
16. Deposit rocks, Limited deposition may be Prevents unwanted Larimer County Landfill Avoids compaction of plant
wood or dirt in a approved if the materials dumping; maintains communities and soils; prevents
natural area.[C] can be used for on-site integrity of the natural introduction of materials that may be
restoration or area. harmful to wildlife.
enhancement.
t .
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G
S'
17. Release or May be approved for a Provides additional City, State, and County Avoids potential negative impacts to
otherwise introduce research or recreational research or fishing Parks with permission. native animal and plant
into a natural area an (e.g., fishing) project if opportunities. communities.
insect, bird or other release does not negatively
animal.[C] impact native animal and
plant communities on the
site.
1 B. Depositor scatter Permitted upon request. Prevents unwanted Private or public land with
in a natural area dumping; maintains permission.
cremated remains of integrity of the natural
any human or animal area.
origin.[N] (Note:
Cremated remains
were added after
being brought to
staffs attention by
cemetery personnel.)
(e). Research or public safety related training activities involving any of the activities prohibited in this Article, including without limitation
the training of search and rescue dogs off-leash, may be authorized by the Service Area by permit In accordance with the procedures and
standards set forth in§ 23-194.[N]
Source Summary for the 41 Regulations under(a) through (a):
[C] = Partially addressed in other City Code (Council Adopted) (n = 13).
[P] =All/partially addressed in Parks Rules and Regulations (1988) (Council Adopted) (n = 11)
[G] = Allipartially addressed in the General Management Guidelines for City-owned Open Spaces and Natural Areas
(1994) (Counci(/Boards Prev. Approved) (n = 11)
[N] = New to this revision (Added since General Management Guidelines)(n = 6)
13
PARKS 4i�I? RECREATION BOA}tD
k c
sllinutesof_
Council Liaison Bill Bei tschy ?' ! Staff Liaison ~Jackie Rae1221-63S
President:;Lance Freeman•,,, Phone:.491-7813 0 0 k-) 484 678.9(Iiome):::
Call 113eeting to Order: The meeting was called to order at 6:30 p.m. by Vice President Jessica
MacMillan.
Agenda Review: There were no changes to the printed agenda.
Items of Note: Board Members Lance Freeman and 'Mary Ness were not able to attend the
meeting.
Citizen Participation: None
Approval of the Minutes: On a motion by Marilyn Barnes, seconded by Paul VanValkenburg,
the minutes of the September 30, 1998 meeting were unanimously approved-(7-0).
Natural Areas Regulations
Karen 1`lanci displayed poster boards explaining proposed Ordinances for City-ov,,ned natural
areas which the Open Lands Natural Areas Team have been working on for some time. Public
outreach on the proposed Ordinances,which are similar to existing regulations,has received a lot
of public review and comment through the years and hasn'tbeen very controversial. New
Ordinances deal with conditions under which Search And Rescue (SAR) dogs may be trained in
a natural area, construction of a structure, harassment of wildlife, and fishing rules and
regulations.
Regarding horseback riding, Karen said concern was expressed by the public that riding would
not be permitted but the proposed regulation states a horse may be ridden on or within five feet
of a paved trail or another type of trail designated for such use.
Search And Rescue trainers want full rein on use of locations, especially off-leash training of
puppies, and three sites were proposed (Gustav Swanson Natural Area, Archery Range Natural
Area, and the Ross Natural Area). They didn't care for Archery Range and Gustav and said
these natural areas were not enough. Parks met with them and proposed two other sites
(Greenbriar Park and Troutman Park) and will take an offer of Redwing Natural Area, Salyer,
and Legacy Natural Areas to them. Golden Meadows and Legacy Parks may also be possibilities
and would give them a good area distribution for the training.
Marilyn Barnes asked if the dogs in training could wear orange jackets for identification, similar
to those wont by service dogs for blind and hearing impaired persons? Karen responded that the
dogs do wear training jackets and that the trainer is identified as well.
Jessica MacMillan asked what areas Search and Rescue are presently using to train the dogs, and
Karen Manci said they use a varety of sites, including Lory State Park for group events. Big
weekend events are not an issue; the smaller,individual training is more of a concern.
Paul Van Valkenburg asked if specific times for use were discussed with SAR. Karen -Manci
said it was mentioned briefly but that it is more desirable for the group to use the areas when
convenient for them rather than being restr,'cted to certain times.
Marilyn Bames added that the purpose of using the dogs is to find lost people, and people don't
get lost very easily in a place like City Park; that's why they need areas in the foothills to use for
their training. Karen Manci said they Ivan-t natural areas included as well as more often used
park areas so that the dogs can learn to distinguish scents.
Jessica MacMillan said that the doss could be on a leash when training in community parks and
agreed with Virgil Tay that, if they were off-leash, other people using the park would be
encouraged to allow their dogs off-leash. She felt natural areas, like Lory State Park, would be a
great place for the training. Karen \Manci said they did request some sensitive areas and are
pushing for natural areas and community parks.
Virgil Taylor said the group originally asked for 1,000 acres to use for training, and the city
offered 100 acres. SAR was not satisfied, so the City attempted to increase the acreage and
spread the locations throughout the conununity, avoiding City parks as much as possible as the
general public would be encouraged to allow their pets off leash after seeing the dogs in training
running around. He said that staff members from Natural Resources and Parks have been
working together to accommodate the needs of SAR for their dogs to work on leash in numerous
City owned sites. These are seven natural areas and four parks that staff has reviey ed and
approved for this use. These areas have been located in different quadrants of the City to
facilitate the needs of the SAR group. SAR identified the following needs as important: 1)
Close areas that SAR members and their dogs could utilize after work without traveling long
distances; 2) Areas that have a variety of scents located in them; 3) Areas that had schools
located close by; 4) Water ponds, lakes or streams were important; and 5) Cover is helpful to
hide a possible victim.
Parks and Natural Resources staff «ill present the following areas which meet the criteria
proposed by SAR, to the group:
2
Natural Areas Parks Size(acres)
• Salyer and Legacy Natural Areas Legacy Park 37
Ross Natural Area 30
Redwing Natural Area/
Storimvater Wetlands Greenbriar Park 30
Arapahoe Bend Natural Area 100
Gustav Swanson Natural Area 12
Archery Range Natural Area 50
Troutman Park 20
Golden Meadows Park 12
Total291 acres
Karen \4anci said that the list of areas offered to SAR would be reviewed each year. Virgil
Taylor said that the group also asked for pennission to use Fossil Creek; this may be added at
some future point, although there are not a lot of scents at that location for dogs to track.
Diane Thies asked about South-west Park, the location of the new park for dogs allowed off-
leash. Virgil Taylor said that if people are in the field,the hay could be knocked down.
Regarding proposed regulations dealing with posting of signage, Paul VanValkenburg asked if
places -which allow fishing have to be posted? Karen Manci said that the areas would be posted
if fishing is not allowed. He also asked if people wading in ponds conflicts with no s-wintming
restrictions. Karen Manci said wading would be alIo-wed only -when signs indicate it is, float
tubes, for example, are considered.non-motorized boats, so would be allowed even if a sign
indicates motorized vehicles are not allowed.
Regarding access to a natural area during the hours of 11 p.m. to 5 a.m., Jessica MacMillan
asked if permits -would be required for an activity such as stargazing at a site that is closed
between these hours. Karen Manci said that a permit would be required which would assist the
Police, who patrol these areas, by letting them know that the group is using the area for a
legitimate purpose.
Regarding the construction of a structure in a City-omed natural area, Del Price asked about a
kiosk? Karen Manci stated that it would have to be done by City staff.
Del Price asked if the proposed regulations apply to City-owned lazed? Karen Manci replied that
it is all City-owned and run by Natural Resources. Marty Heffernan added that the regulations
could be applied to City Parks, and that this may be brought to the Board at the next meeting.
The Ordinances could be combined--ith Parks and taken to City Council in December.
Marilyn Barnes moved to accept the Ordinances as written; Dean Hoag seconded the motion and
the motion was unanimously approved(7-0).
•
3
Community Planning and Environmental Services •rw:..
y Natural Resources Department
City of Fort Collins
MEMORANDUM
DATE: November 10, 1998
TO: Mayor Azari and City Council Members
FROM: Phil Murphy, Chair,Natural Resources Advisory Board�-
RE: Support of Natural Areas Ordinances
On November 4,the Natural Resources Advisory Board voted 7 to 1 in favor of supporting the .
proposed natural areas ordinances being presented to Council on December 1. The member who
voted in dissent did so because staff expressed an intent,in implementing the ordinance
pern fitting Search and Rescue dogs to be trained off-leash in natural areas,to permit the training
on more than the original three sites approved by the board(see our separate memo on this
issue).
The Natural Resources Advisory Board strongly supports these ordinances,which will increase
the City's ability to protect.the public's investment in natural areas.
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Public Comments on Proposed Natural Area Ordinances
Written comments at 10/19/98 Open House
General:
I would like to see F.T.C. city institute a program of volunteer"ranger"assistants. Lory State
Park trains volunteers to patrol on horseback and it's a very effective presence. I think you'd
have lots of volunteers.
Search and Rescue:
I can speak to the importance of SAR dogs from a number of perspectives citizens, SAR
members and lost person. Prior to my involvement as a member of Larnner County Search and
Rescue(LCSAR), I became lost while liking near Rolph Lakes. I spent a very cold(34 degrees)
night in woods. I can't tell you the joy I felt when the search dog, Jesse, came running toward
me, grinning her goodie grin,her jingle bells jingling. The service they provided is invaluable.
As a citizen, I hope this service will be available for other lost souls. As a SAR member, I have
obsen•ed the professionalism of dog and handler on numerous searches. These dogs are not to be
confused as pets. They are working dogs, well trained to attend to their work and ignore
distractions. I would hate to see the City make any ordinance that will make it more difficult for
these important volunteers.
Harassment of wildlife:
I'm concerned about the nvording"...directing a dog, falcon...(etc)?-Directing seems to require an
active command or signal, whereas it is often the passive negligence or unconcern of the animal
owner that leads to harassment of wildlife.
Operating or parking vehicles anywhere other than designated areas:
Absolutely necessary to keep ATV's off natural areas.
Closing of sites between 11:00 11.m. and 5:00 a.m.:
Some of us would like access for moon,meter and star gazing t;v/out a permit. There are no dark
places to do this left. If you are worried about vagrants,vandals and teenage drinking, use other
ordinances to stop them. Consider celestial events as legitimate reasons for entry at night.
Motorized boats allowed only with permit:
No motors should be allowed at all. Disabled folks can't snvim and shouldn't be in a boat alone
anyhow.
Verbal Comments at 10/19/98 Open House
Several people commented that, "These ordinances just make sense."
Call-in comments (before and after the open house)
e e al:
"The ordinances look good to me."
Search and Rescue:
SAR should Nvear identifiable vests. Want the dogs well trained and ready for emergencies. If
restriction means they are not Nvell trained,they should not be restricted.
Natural Resources should hold fast on the leash requirement. The compromise in the(first) staff
recommendation is good. But nothing more should be given.
Horses:
People who use Poudre Stables would probably be happy to"adopt"the Poudre trail in that area-
keeping it clean,watching for law offenders(and calling offenders in to enforcement authorities),
etc. Concerned that the ordinance against grazing not be used to cite a horseback rider whose
horse happened to reach down and eat some grass while riding along the trail. Concerned that
the restriction on horses is an attempt to stop trail use by horseback riders. Peels that"within 5
feet"is too narrow for safety. When being approached by fast-riding bikers,it is safer(in order
to not spook the horse)to get about 10' off the trail. Would actually like to have separate horse
trails,so contact with other users does not become a safety problem. Inconsiderate bikers are a
serious problem for horseback riders. Has had serious instances where bikers rode right up to the
back of his horse and then slammed on the brakes, startling the horse. Regarding being off trail,
he wants to make sure it will be okay to cross the river actually in the river,not on the concrete
bridge,near the Martinez/Legacy bridge. Doesn't want to be limited to just riding up and down
the same trail all the time. Wants more variety in the riding experience.
Another citizen met with staff regarding the horse ordinance. He felt uncomfortable with the
term"designated"trails and requested that, instead,the word"established"be used. He also
stressed the need for being more than five feet from a trail used by other users. He felt that the
ordinances are actually an attempt to move toward not allowing horseback riding on City trails.
He wanted a decision on his concerns at the time of the meeting(but was told that the matter
would have to be discussed by staff). _.