HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2001 - FIRST READING OF ORDINANCE NO. 212, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 18
DATE: December 18, 2001
FORT COLLINS CITY COUNCIL FROM: John Fischbach/
10 Steve Roy
SUBJECT :
First Reading of Ordinance No. 212,2001.Amending Chapters 23 and 28 of the City Code so as to
Permit the Use of Motorized Wheelchairs and Similar Assistive Devices on City Sidewalks and
Trails.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
Staff has noted that the provisions of certain sections of Chapters 23 and 28 of the Code appear to
preclude the use of motorized wheelchairs on City trails and City sidewalks. Title II of the
Americans with Disabilities Act requires that the City make reasonable accommodation in the use
of its facilities for persons with a disability. Therefore, these sections of the Code should be
amended so as to clearly permit persons using motorized wheelchairs and similar assistive devices
10 to operate them on City sidewalks and trails. For that reason, staff recommends adoption of this
Ordinance. Additional language changes have been made to those sections of the Code to delete
references to motorized skateboards and motorized scooters. The existing language implies that
these means of conveyance are permissible on established roadways and designated parking areas,
while, in fact, they are not permitted on any public right of way or property in the City.
ORDINANCE NO. 212, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 23 AND 28 OF THE CITY CODE
SO AS TO PERMIT THE USE OF MOTORIZED WHEELCHAIRS
AND SIMILAR ASSISTIVE DEVICES
ON CITY SIDEWALKS AND TRAILS
WHEREAS, in 1999, the City Council enacted new provisions in Chapter 23 of the City
Code regulating activities in City natural areas,recreation areas and trails,certain sections of which
appear to preclude the use of motorized wheelchairs on City trails; and
WHEREAS, the 1977 Edition of the Model Traffic Code for Colorado Municipalities (the
"Model Traffic Code") has been adopted by reference by the City Council to provide a system of
traffic regulations that generally conform to similar regulations throughout the state and the nation,
with certain local amendments as contained in Chapter 28 of the City Code; and
WHEREAS,certain sections of the Model Traffic Code,as previously amended by the City,
appear to preclude the use of motorized wheelchairs on City sidewalks and trails; and
WHEREAS, the Americans with Disabilities Act requires that the City make reasonable
accommodation in the use of its facilities for persons with disabilities; and
WHEREAS, the Council believes it to be in the best interest of the City to amend those
sections of the Code so as to clearly permit the use of motorized wheelchairs by disabled persons
on City sidewalks and trails.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 23-193(d)(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(d) Except as authorized by a permit obtained for such use from the Service Area,it shall
be unlawful to:
(2) Operate or park a motor vehicle or other motorized means of conveyance,
anywhere in a recreation
maul-area other than on established roadways and in designated parking
areas;provided, however,that a motorized wheelchair or similar assistive
device may be used without a permit by any person with temporary or
s
permanent mobility impairment, anywhere in a recreation area that public
access is allowed.
Section 2. That Section 23-203(d)(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(d) Except as authorized by a permit obtained for such use from the Service Area,it shall
be unlawful to:
(2) Operate or park a motor vehicle or motorized means of conveyance,
anywhere in a
reete&tiennatural area other than on established roadways and in designated
parking areas; provided, however, that a motorized wheelchair or similar
assistixe device may be used without a permit:by any person with temporary
or permanent mobility impairment, anywhere in a natural area that public
access is allowed.
Section 3. That Section 28-17 (12.5) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(12.5) Section 16-9, Driving on sidewalk, is hereby amended to read
as follows:
"Sec. 16-9. Driving on sidewalk. - No person shall
drive any vehicle other than a bicycle or other human-
powered vehicle upon a sidewalk or sidewalk area
within this municipality,except upon a permanent or
duly authorized temporary driveway. INd
paahibi& shall'r apply mq Wheeteti�'
or similar assistim devices used suy pemop with
temporary grpermanent mobiWinVairmcift.
Introduced and considered favorably on first reading and ordered published this 18th day of
December, A.D. 2001,and to be presented for final passage on the 15th day of January,A.D. 2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of January,A.D. 2002.
Mayor
ATTEST:
City Clerk