HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/16/1999 - FIRST READING OF ORDINANCE NO. 28, 1999, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 18
DATE: February 16, 1999
FORT COLLINS CITY COUNCIL Virgil Taylor/
STAFF: Marty Heffernan
SUBJECT:
First Reading of Ordinance No. 28, 1999, Amending Chapter 23 of the City Code by Adding
Provisions Pertaining to Parks, Trails, and Recreation Areas. l
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RECOMMENDATION: i
Staff and the Parks and Recreation Board recommend adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
Section 23-201 of the City Code provides that the Council may control the public's use and
enjoyment of City parks,golf courses,trails,and open spaces through rules and regulations adopted
by Council by ordinance. Pursuant to Ordinance No. 62, 1988, the Council adopted various rules
and regulations concerning the public use of these parks and recreation areas. These rules and
regulations have been very useful in protecting the recreation areas and enhancing the public's safety
and enjoyment of them. However, given the fact that over 10 years has passed since these
regulations were adopted, staff undertook a comprehensive review of them to determine if changes
or additions were necessary. Staff also believed that better enforcement and better notice would be
provided by codifying the rules and regulations that pertain to parks and recreation areas in the City
Code. By adopting this Ordinance, Council will be updating and improving the regulation of the
City's parks,trails, and golf courses. l
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The proposed rules and regulations generally include those adopted by Council in 1988, as well as E
new regulations concerning the following:
1. More comprehensive protection against hazardous substances, littering, dumping garbage,
bathing, and polluting.
2. Prohibiting the harassment of wildlife or feeding wildlife.
3. Applying Division of Wildlife fishing regulations to fishing in parks and recreation areas.
4. Prohibiting the possession of alcohol, even in containers that are not open.
5. Prohibiting bikes, skateboards, and in-line skates on golf courses. tennis, volleyball, and
horseshoe courts.
6. Prohibiting the scattering of cremated remains.
DATE: a nwy 16, 1998 2 ITEM NUMBER: 18
7. Prohibiting riding horses,bikes, skateboards, etc., in a reckless or unsafe manner.
8. Prohibiting motorized models(boats, cars, etc.)or model rockets except in areas that are open
for that use as indicated by appropriate signage.
9. Requiring a permit for group events involving 100 or more people.
10. Prohibiting the removal of plants, trees, rocks, fossils, etc.
11. Restricting horse riders to within 10 feet of trails and areas designated for riding by appropriate
signage.
12. Prohibiting the dumping of rocks, wood or dirt.
13. Prohibiting launching,landing or flying an aircraft,including hot air balloons,without a permit.
Many of the new regulations are the same as the new regulations proposed for the natural areas. This
provides consistency, to the extent appropriate, in the regulation of parks and recreation areas, as
well as natural areas. This consistency is helpful because parks, trails, and natural areas are often
linked together.
The Parks and Recreation Board has reviewed the proposed regulations and has unanimously
recommended its adoption to the City Council. The Board considered removing the 11:00 p.m. to
5:00 a.m.curfew,but after receiving input from Police Services and many concerned citizens,voted
unanimously to keep the curfew. An open house on the Rules and Regulations was held on January
21, 1999. Over 30 citizens attended,primarily to speak against removing the curfew.
ORDINANCE NO. 28, 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
PARKS, TRAILS, AND RECREATION AREAS
WHEREAS,the City has acquired and developed an extensive system of parks,trails, and
recreation areas (hereafter collectively referred to as "Recreation Areas") including numerous
community and neighborhood parks,designated trails,and three public golf courses for the benefit
of the citizens of Fort Collins; and
WHEREAS, the City desires to manage the use of the Recreation Areas so that visitor
enjoyment, safety and the areas themselves are appropriately protected; and
WHEREAS, Section 23-201 of the City Code generally provides that the use of Recreation
Areas by the general public must be in accordance with rules and regulations adopted by the City
Council, by Ordinance; and
WHEREAS, the Council has adopted certain Rules and Regulations for Recreation Areas
pursuant to Ordinance No. 62, 1988; and
. WHEREAS,the Council wishes to codify the Rules and Regulations pertaining to Recreation
Areas to provide better notice and enforcement of the same.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Chapter 23, Article IX, Division 1 of the Code of the City of Fort
Collins, as renumbered by Ordinance No. 28, 1999, is hereby repealed and reenacted to read as
follows:
ARTICLE IX. PARKS,TRAILS,AND RECREATION AREAS
Sec. 23-201. Purpose and scope.
This Article establishes the standards for conduct within city-designated recreation
areas and on city-designated trails by the general public. The requirements and
prohibitions of this Article shall not apply to emergency response or law enforcement
activities, or to city management and maintenance activities to the extent the
operation of this Article would impair the performance of the same.
Sec. 23-202. 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 any trail, whether paved or unpaved, maintained or
unmaintained,designated by the city as a trail for use by the public by the posting of
signs or by designation in the city's Parks and Recreation Policy Plan, excluding
trails within the boundaries of city Natural Areas or within the curbs of city streets.
Director shall mean the Director of the Office of Cultural, Library, and
Recreational Services of the city.
Group event shall mean an event such as a picnic, class, fair or festival, or other
activity, if such event:
(1) is reasonably expected to include as participants or spectators one hundred
(100) or more persons; or
(2) constitutes 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 recreation area,or packaging from the
same, and shall not include household or yard waste, commercial or construction
waste, or other waste brought into a recreation area for the purpose of disposal of
such waste, or any hazardous substance.
Recreation Area shall mean any area designated and posted by the city as a cin
park,whether developed or undeveloped,a golf course,or a designated trail,whether
within or without the city limits.
Service Area shall mean the Office of Cultural,Library,and Recreational Services
of the city.
Waste shall mean solid or liquid waste, except hazardous substances,whether
organic or inorganic, including by way of illustration and not limitation, trash.
garbage,debris or litter,animal carcasses,offal or manure,paper,ashes, cardboard.
cans,yard clippings,tree limbs,glass,rags,discarded wearing apparel, or any other
discarded object.
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Sec. 23-203. Prohibited acts; permits.
• (a) It shall be unlawful to:
(1) Discard,dispose or release any waste or hazardous substance of any kind in
a recreation area or in a manner reasonably likely to result in the entrance of
such waste or hazardous substance into or upon a recreation area,except for
the disposal of incidental trash generated from activities in the recreation
area in receptacles provided and marked for disposal of trash.
(2) Bring any glass container into a recreation area or possess the same while
in any recreation area except when removing containers during site clean-up
activities.
(3) Bathe or wash any persons or objects in any waters of a recreation area, or
otherwise in any manner reasonably likely to result in the release of any
waste or hazardous substance in any waters of a recreation area.
(4) Drive, hit, or throw golf balls into or upon any recreation area, except city
golf courses in accordance with the rules and regulations of the golf courses.
(5) 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 recreation
area, whether or not the same results in injury to such wildlife.
(6) Remove,destroy,mutilate,modify,or deface any building,structure,water
control device, fence, gate, notice, sign, tree, shrub or other plant or
vegetation, animal, or bird,or any other object in a recreation 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 §§ 23-203 and 23-204.
(7) Possess or consume in a recreation area any alcoholic beverage or possess
any container,whether open or unopened,that contains or has been used to
contain any alcoholic beverage, except on city golf courses in accordance
with the rules and regulations of the golf courses,and except where allowed
by a special event permit issued by the city's Liquor Licensing Authority.
(8) Fish in a recreation 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.
(9) Fish in any waters on any city golf course.
(10) Leave any fire unattended in a recreation area.
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(11) Bicycle on a tennis, volleyball or horseshoe court, or on any golf course
except upon a roadway or parking area.
(12) Deposit or scatter cremated remains of any human or animal in a recreation
area.
(13) Ride a horse, bicycle, skateboard, or other conveyance, or skate, in a
reckless or unsafe manner in a recreation area.
(14) Violate the following in any recreation 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
recreation 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 recreation area.
(2) Swim in the waters of a recreation area.
(3) Operate a motorized model boat, car, truck, aircraft or other motorized
model vehicle in a recreation area.
(4) Launch a model rocket in, onto or over a recreation area.
(5) Ride or have a horse in a recreation area more than ten (10) feet from a
designated trail or roadway, or on any irrigated turf grass, except to the
extent unavoidable circumstances require that a horse be ridden or taken into
such areas briefly to avoid imminent danger to other persons.
(6) Skateboard or in-line skate, except on a sidewalk, roadway, parking area, or
designated trail.
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(c) No person shall engage in any conductor activity within or upon a recreation
area when a sign has been posted by the Service Area that such conduct or activity
is not allowed in the recreation area or a portion of the area,based on a determination
by the Service Area that such prohibition is appropriate to protect the safety or well-
being of persons,or animals,or to protect or preserve the recreation area and related
facilities,or any other city or public property or facility,the use and enjoyment of the
same by the general public,or the needs and objectives of the city in maintaining and
operating the same.
(d) Except as authorized by a permit obtained for such use from the Service
Area, it shall be unlawful to:
(1) Enter a recreation 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
recreation area other than on established roadways and in designated parking
areas.
(3) Operate a motorized boat in a recreation area.
(4) Land or launch in a recreation area,or fly lower than five hundred(500)feet
• above a recreation 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
recreation area.
(6) Collect seeds,plants,or cuttings of trees,shrubs,vines,grasses,wildflowers,
or other plants in a recreation area.
(7) Plant trees,shrubs,vines,grasses,wildflowers,or other plants in a recreation
area.
(8) Construct a structure in a recreation area.
(9) Light a campfire, bonfire, or other fire in a recreation area, except for fires
in grills provided by the city or fires in portable grills or stoves on tables
provided by the city.
(10) Allow livestock to graze in a recreation area.
(11) Feed, or attempt to feed songbirds. squirrels, ducks, geese, or any other
• wildlife species in a recreation area.
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(12) Post a notice or sign, including fastening or displaying cards, posters, or
other materials in a recreation area.
(13) Conduct or sponsor a group event in a recreation area.
(14) Perform a service for commercial gain or sell or offer to sell any item for
commercial gain in a recreation area.
(15) Deposit rocks, wood, or dirt in a recreation area.
(16) Camp in a recreation area.
(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 § 23-204.
Sec. 23-204. Recreation area permit process.
(a) Any person or organization seeking a permit for the purposes set forth in this
Article shall apply for a recreation area permit by filing a verified application with
the Service Area on a form supplied by the Service Area. An application must be
submitted and completed not less than ten (10) business days before the date on
which a permitted activity is to commence;provided,however,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 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. The Director may condition the issuance of
any permit by imposing reasonable requirements concerning the time, place and
manner in which the proposed activity shall be permitted, and 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. or to protect or preserve the recreation area and related facilities, or any
other city or public property or facility,the use and enjoyment of the same by the
general public, or the needs and objectives of the city in maintaining and operating
the same.
(c) A permit decision by the Director under Section 23-204(b) may be 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
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appropriate to investigate the appeal,and shall issue a written decision on the appeal
within a reasonable time thereafter.
Section 2. That a new Article X, entitled "Offenses Involving Camping", is hereby added
to Chapter 17 of the Code, and Section 23-211 of the Code is hereby moved to said Article X, and
renumbered as Section 17-181.
Section 3. That Section 23-212 of the Code is hereby repealed in its entirety.
Section 4. That Section 23-213 of the Code is hereby moved to new Article X of Chapter
17 of the Code, renumbered and amended, as follows:
Sec. Withdrawal of permission to camp; conditions.
If any person having received such permission to camp and camping in a tent
within the city shall fail to comply with the Code and with the rules and regulations
of the state and county Boards of Health and the terms of the permission to camp,
then the Chief of Police and the Dire-'-- of ParksandReere shall withdraw
permission to allow such person to camp. Upon the permission having been
withdrawn, such person camping within such tent must cease such camping within
six (6) hours after notice.
Section 5. Division 3 of Article IX of Chapter 23 of the Code of the City of Fort Collins, as
renumbered by Ordinance No.28, 1999,is hereby moved to become a new Article V of Chapter 7.5,
with all sections within the Article renumbered accordingly beginning with Section 7.5-70.
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:
City Clerk
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PARKS & REEREATTON BOARD
January 27, 1999
Hickory Park as the analogy. We will address the Young property that Tom Shoemaker is willing
to look at as a natural area acquisition. The Board unanimously decided they would take no action
on the item.
--� Parks and Trails Rules and Regulations
Citizen Sylvia Crammer, representing the City Park Neighborhood Association, said they would
appreciate it if the Board would reconsider lifting the curfew in the parks as it would create more
problems for the neighbors. The neighborhood can call the Police at 11:00 p.m. and know that they
will be out there to enforce the ordinance. They (the neighborhood)has worked with the Police to
keep the area a safe area Citizen Ron Thurston, City Park neighborhood, spoke about a vagrancy
issue and homosexual activities in the park and if the curfew is raised, it would be worse. Sylvia
asked the Board if they had questions for the neighborhood. Sherri Wagner, Deputy Police
Chief/Patrol, said that she has been an officer with the City of Fort Collins for 20 years. She
explained that uniformed and undercover officers have been assigned to City Park. Once the
neighborhood asked for the curfew,the crimes decreased. City Park closes at 11:00 and when the
officers ask the kids to leave at 11:00, they leave. She referred to the areas where the curfew has
helped the officers after 11:00 p.m. At Edora Park,the automobile lights flash on the houses across
the street from the park and that causes an annoyance to the neighborhood; Riverbend Ponds is a
parry place for the kids;and Rolland Moore Park has vandalism which occurs after the park is closed
at 11:00. Disorderly conduct, vandalism, and loitering are reasons why the Police would enforce
the law. She explained that the curfew law gives the officers reason to go into the park. Otherwise
the Police will wait for the calls from the neighborhood. Paul Val Valkenburg asked about the bike
trails? He explained that people use the trails as means of transportation. Do people need to use
alternate means of transportation after hours? Sherri said this trail system is not lighted and crimes
can occur on the trail system. She statated that until we get the trails lighted and telephones are in
place,we don't encourage people to use the trail system after dark. Frank Garry from the City Park
Neighborhood said he doesn't live adjacent to the park, but feels the neighborhood is safer and
quieter with the curfew and explained that it is very effective. Sylvia added that when Board
Member Mary Ness was on the Police force that there weren't gangs.
Parks Manager Virgil Taylor said that after our meeting in November, staff mailed 325 packets to
the homeowners associations in the city announcing the Open House to discuss Parks Rules and
Regulations and the possible lifting of the parks curfew. Approximately 30 people visited the Open
House and staff received over 40 letters,comments, and phone calls from citizens all saying please
do not lift the curfew. He read a letter from a security company that the City hired to patrol two
nights a week for two weeks in the highest vandalized parks which were Overland,Rolland Moore,
and Rogers. Conclusion was illegal activities occurred in all three parks after 11:00 p.m. The
Security Company worked with the Police Services and nine arrests were made in the two-week
period relating to drugs and alcohol after 11:00 p.m.
Rebecca asked about a curfew in the City for kids? Marry said it was removed because of concerns
it was not constitutional. Marilyn said that she apologizes to the citizens who attended tonight's
meeting. She said that when the Board voted to lift the park curfew, they thought that the Police
could enforce the law in the parks without the curfew.
Mary Ness feels that there is over legislation. He endorses patrolling the parks to minimize
vandalism. In 1998,there were no violations written for curfews in the park. He feels the Police
are using discretion in the parks. He says everyone in the city is entitled to use the parks and as long
as people are behaving,then they have a right to use the parks. Jessica said that she is glad that the
neighbors around the park call the Police. There's a huge population of students in Fort Collins and
where there is drinking and drugs we need the curfew enforced. Diane said it would be interesting
to know if the law abiding people could use the parks at night (after 11:00), would the vandalism
decrease with their presence. Jessica said when you look at the big picture,you are protecting the
citizens. Del supports everything Mary says. Del Price moved that we recommend that the curfew
be reinstated. The motion was seconded by Dean Hoag,and the Board voted unanimously (9-0) to
reinstate the curfew ordinance for the parks.
Paul noted the horse access to the trails in the Parks and Trails Rules and Regulations. Virgil
addressed riding horses 10 feet from the trail. Some people are concerned that is too close.
However, in some cases we cannot get farther than that because we have right of way of 25 total
feet. Tom Shoemaker said his staff has met with Ragan Adams who has expressed concern and that
the horseback riders have riding zones. Marty referred to Section A and said if we move horse
riding,model rockets,boats, and planes to Section B, we could sign areas and allow these activities
to occur in specified areas. Marilyn said that is reasonable.
Del Price made a motion that we move motorized rockets, boats, and planes from Section A to
Section B.along with allowing horses within 10 feet of the trail, and be able to make modifications
to the 10 foot allowance where appropriate by signage. The motion was seconded by Marilyn
Barnes, and the Board voted unanimously (9-0)to endorsed the motion.
Del asked why we would prohibit glass containers? Virg said if people bring glass containers and
leave them, then others will smash them.
Marty reviewed the other changes to the Parks and Trails Rules and Regulations including a
prohibition against scattering cremains. He also noted natural areas rules and regulations apply to
trails in natural areas. In other words,if you are in a natural area and are using the paved or unpaved
trails,then you must abide by the Natural Areas Rules and Regulations. Del Price made a motion
to accept these changes, seconded by Marilyn Barnes, the motion passed unanimously 9-0.
Respectfully submitted,
Jackie Rael
Executive Administrative Assistant