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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2003 - ITEMS AMENDING CHAPTER 3 AND CHAPTER 17 OF THE CIT AGENDA ITEM SUMMARY ITEM NUMBER: 11 A-E DATE: March 18, 2003 FORT COLLINS CITY COUNCIL FROM: Karen Stevens Mike Steele SUBJECT : Items Amending Chapter 3 and Chapter 17 of the City Code. RECOMMENDATION: Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY: These Ordinances,which were all unanimously adopted on First Reading on March 4,2003,address behavioral problems that create health and safety concerns for the citizens of Fort Collins. 40 A. Second Reading of Ordinance No. 037, 2003, Amending Sections 17-1 and 17-40 of the Code of the City of Fort Collins Pertaining to Trespass. B. Second Reading of Ordinance No. 038, 2003, Amending Chapter 17 of the Code to Add a Section Prohibiting the Obstruction of Passageways. C. Second Reading of Ordinance No.039, 2003,Amending Chapter 17 of the Code of the City of Fort Collins by Repealing Section 17-144 Pertaining to Public Urination and Adding a i Section Pertaining to the Depositing of Bodily Waste. I D. Second Reading of Ordinance No.040, 2003,Amending Chapter 17 of the Code of the City of Fort Collins by Adding a Provision Pertaining to the Misuse of Public Bodies of Water. E. Second Reading of Ordinance No. 041, 2003, Amending Section 3-81 of the Code Regarding Disturbances. A change has been made on Second Reading to Ordinance No. 040, 2003, to reflect Council direction on First Reading that the application of this ordinance be limited to fountains, pools and other man-made bodies of water, so that, for example, the prohibition against swimming would not extend to natural bodies of water. Also, there was discussion on First Reading as to whether Ordinance No. 038, 2003, pertaining to the obstruction of passageways, would prohibit the obstruction of a private entrance to a building if the entrance was adjacent to a public alley or other public way. Staff believes that the existing wording of the ordinance would apply to such private entrances and would prohibit their obstruction since the general public does have access to such entrances even though the public would not have access through the entrances. Finally, consideration was given to a possible amendment to Ordinance No. 038, 2003, to create a specific DATE: marcn 18, 2OU3 1 2 ITEM NUMBER: exception for persons sitting within 20 feet of the entrance to a business where the presence of such persons might be relatively harmless, for example, when a small group of people is temporarily seated on a curbside for the purpose of consuming ice cream cones or other fare purchased within the establishment. After consultation with Councilmembers between First and Second Reading,the City Attorney has not included any such proposed exception, with the understanding that police officers enforcing the ordinance will have the discretion to accommodate such circumstances. ORDINANCE NO. 037, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 17-1 AND 17-40 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO TRESPASS WHEREAS, Section 17-40 of the City Code currently prohibits individuals from entering or remaining upon the premises of another without legal privilege to do so; and WHEREAS,City police officers have reported an increase in conduct that may be a violation of rules governing the use of such property but that is not specifically prohibited by this section of the Code, such as climbing on fountains or other public structures, which conduct presents a risk of bodily injury as well as a risk of damage to the structures themselves; and WHEREAS, the City Council wishes to revise the Code to more specifically address the behavior described above. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 17-1 of the Code of the City of Fort Collins is hereby amended to add a definition of"Enter or remain unlawfully" to read as follows: Sec. 17-1. Definitions. Enter or remain unlawfully shall mean: (1) To enter or remain in or upon privately owned property when not licensed, privileged or otherwise authorized to do so; (2) To enter or remain in or upon publicly owned property that is not open to the public; (3) To fail to leave property,whether privately or publicly owned,afterbeing directed to do so by a person lawfully in control of the property; or (4) To conduct oneself in a public place in violation of any rule or regulation issued by any officer or agency having the power of control,management, or supervision thereof, which limits or prohibits the use, activities or conduct in such public place, provided that the rule or regulation is: (i) prominently posted at all public entrances to the property; (ii) posted in such a way as to be clearly visible from the site of the infraction; or(iii) actually known to the offender. Section 2. That Section 17-40 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-40. Trespass. (a) No person shall enter or remain unlawfully in or upon property,whether publicly or privately owned.For the purposes of this Section,the term property shall include, but not be limited to, any land, dwelling, building, conveyance, vehicle or other temporary or permanent structure. (b) No person shall climb, sit or stand upon any sculpture, statue or other object situated on public or private property, without the express consent of the owner thereof, unless such object is designed, intended and made available to the general public for such use. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2003, and to be presented for final passage on the 18th day of March, A.D. 2003. r r e. Mayor F ATTEST: City Clerk Passed and adopted on final reading this 18th day of March, A.D. 2003. Mayor ATTEST: City Clerk ORDINANCE NO. 038, 2003 • OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD A SECTION PROHIBITING THE OBSTRUCTION OF PASSAGEWAYS WHEREAS, Section 18-9-107 of the Colorado Revised Statues prohibits obstructing highways or other passageways and defines the term "obstruct" as rendering a passageway impassable or unreasonably inconvenient or hazardous; and WHEREAS, there is presently no local ordinance that prohibits obstructing passageways except in the context of construction activities; and WHEREAS, in certain areas of the City, especially the downtown area, people tend to congregate near the entrances of business establishments and sometimes sit or lie in close proximity to such entrances, which behavior creates a safety hazard and a nuisance for the patrons of such establishments; and WHEREAS, people who sit or lie down tend to do so for longer periods and to be more of an obstruction than persons who stand or pass through the same areas; and • WHEREAS, people with impaired vision may injure themselves by tripping over sitting or prone individuals near the entrances to business establishments; and WHEREAS,for these reasons the City Council wishes to adopt a local ordinance prohibiting the obstruction of passageways and specifically defining the term "obstruct" to include sitting or lying within 20 feet of the entrance to any business establishment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Code of the City of Fort Collins is hereby amended by the addition of a new Section 17-128 which shall read in its entirety as follows: Sec. 17-128. Obstructing a highway or passageway. (a) No person acting without legal privilege, shall: (1) Obstruct a highway, street, sidewalk, railway, waterway, building entrance,elevator,aisle,stairway,hallway,or any other place used for the passage of persons, vehicles, or conveyances to which the public or a substantial group of the public has access, whether the obstruction arises from that person's acts alone or from that person's acts and the acts of others; or (2) Disobey a reasonable request or order to move issued by one whom the person knows to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard. (b) For purposes of this Section, the term obstruct shall mean to render impassable or to render passage unreasonably inconvenient or hazardous. The term unreasonably inconvenient or hazardous shall include, but not be limited to, sitting or lying within twenty(20)feet of the entrance to any business establishment during the business hours of that establishment, except on a bench, seat or other structure made available for such purpose by the property owner or the city. (c) The foregoing prohibition against sitting or lying within twenty(20)feet of the entrance to a business establishment during business hours shall not apply to any person: (1) Who, as a result of a disability, utilizes a wheelchair, walker or similar device to move about the public sidewalk; (2) Sitting or lying down due to a medical emergency; (3) Participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted pursuant to a street use or other applicable permit; (4) Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2003, and to be presented for final passage on the 18th day of March, A.D. 2003. Mayor ATTES T: City Clerk Passed and adopted on final reading this 18th day of March, A.D. 2003. Mayor ATTEST: City Clerk • ORDINANCE NO. 039, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS BY REPEALING SECTION 17-144 PERTAINING TO PUBLIC URINATION AND ADDING A SECTION PERTAINING TO THE DEPOSITING OF BODILY WASTE WHEREAS,the City recognizes that certain diseases,such as hepatitis,are spread by contact with bodily fluids and waste; and WHEREAS, Section 17-144 of the City Code, prohibiting individuals from urinating in public places, was enacted to protect citizens from such health hazards; and WHEREAS, City police officers are currently reporting an increase in the occurrence of individuals depositing large amounts of spittle on sidewalks and in other public places; and WHEREAS, the City Council believes that public safety requires the adoption of an ordinance prohibiting the unsanitary depositing of any bodily waste within its boundaries. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 17-144 of the Code of the City of Fort Collins is hereby repealed in its entirety. Section 2. That Chapter 17 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 17-103 to read as follows: Sec. 17-103. Bodily waste. No person shall deposit,or permit to be deposited,on publicly or privately owned property, any human excrement, vomit, spittle or other human bodily waste unless such waste is deposited in a toilet, urinal, or other receptacle designed,intended and made available for such use. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2003, and to be presented for final passage on the 18th day of March, A.D. 2003. 1 Maydr ATTEST: City Clerk Passed and adopted on final reading this 18th day of March, A.D. 2003. Mayor ATTEST: City Clerk ORDINANCE NO. 040, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS BY ADDING A PROVISION PERTAINING TO THE MISUSE OF PUBLIC BODIES OF WATER WHEREAS, City police officers have reported an increase in the number of incidents of individuals bathing and swimming in fountains and other man-made bodies of water owned by the public that are neither designed nor intended for such use; and WHEREAS, such activity and other unintended uses of public waters, pollutes such waters and create health risks and safety concerns and constitute a nuisance; and WHEREAS, the City may incur substantial costs to clean up such polluted waters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 17 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 17-44 to read as follows: Sec. 17-44. Misuse of public waters. No person shall swim in, bathe in, wash dishes in, or otherwise use the waters of any pool, fountain, or other man-made body of water in any public place or on property belonging to the city or under the possession and control of the city, unless such body of water is designed, intended and made available to the general public for such use. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2003, and to be presented for final passage on the 18th day of March, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of March, A.D. 2003. Mayor ATTEST: City Clerk • ORDINANCE NO. 041, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 3-81 OF THE CODE REGARDING DISTURBANCES WHEREAS,City police officers have documented disturbances occurring in,on and around liquor licensed premises by patrons of licensed establishments; and WHEREAS, Section 3-81 of the City Code requires all liquor licensees to report any disturbances committed in or on the licensed premises; and WHEREAS,notice to the patrons of such establishments that licensees are required to report disturbances may be helpful in reducing the occurrence of such disturbances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 3-81 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 3-81. Report of disturbances. (a) All licensees and permit holders, and any agent, manager or employee thereof, shall immediately report to Police Services any unlawful or disorderly act, . conduct or disturbance committed in or on the licensed premises. (b) Each licensee and permit holder shall post and keep at all times visible to the public in a conspicuous place on the premises, a sign with a minimum height of fourteen (14) inches and a minimum width of eleven (11) inches with each letter to be a minimum of one-half(1/2) inch in height, which shall read as follows: "WARNING: The City of Fort Collins Police Department must be notified of all disorderly acts, conduct or disturbances and all unlawful activities which occur on or within the premises of this licensed establishment." (c) It shall not be a defense to a prosecution of a licensee or permit holder under this Section that the licensee was not personally present on the premises at the time such unlawful activity, disorderly act, conduct or disturbance was committed; however, no agent, servant, or employee of the licensee shall be personally responsible for failing to report an unlawful or disorderly act,conduct or disturbance hereunder if such agent, servant, or employee was absent from the premises at the time such activity was committed. (d) Failure to comply with the requirements of this section shall be considered by the licensing authority in any action relating to the issuance, revocation, • suspension,or nonrenewal of a license or the cancellation,revocation,or suspension of a temporary or special events permit. A violation of this section shall also constitute a misdemeanor offense, punishable as provided in § 1-15 of this Code. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2003, and to be presented for final passage on the 18th day of March, A.D. 2003. Mayor ' ATTEST: City Clerk Passed and adopted on final reading this 18th day of March, A.D. 2003. Mayor ATTEST: City Clerk AGENDA ITEM SUMMARY ITEM NUMBER: 25 A-E DATE: March 4, 2003 FORT COLLINS CITY COUNCIL FROM: Karen Stevens Mike Steele SUBJECT : Items Amending Chapter 3 and Chapter 17 of the City Code. RECOMMENDATION: `" Staff recommends adoption of he Ordinances on First Reading: EXECUTIVE SUMMARY: Staff is bringing forward the following proposed ordinances to address behavioral problems that create health and safety concerns for the citizens of Fort Collins. A. First Reading of Ordinance No 037, 2003, Amending Sections 17-1 and 17-40 of the Code of the City of Fort Collins.Pertainingaa Trespass. B. First Reading of Ordinance No. 038, 2003, Amending Chapter 17 of the Code to Add a Section Prohibiting the Obstruction of Passageways. C. First Reading of Ordinance No.039, 2003, Amending Chapter 17 of the Code of the City of Fort Collins by Repealing Section 17-144 Pertaining to Public Urination and Adding a Section Pertaining to the Depositing of Bodily Waste. D. First Reading of Ordinance No 040 2003, Amending'Chapter 17 of the Code of the City of Fort Collins by Adding"a Provist jn Pertatning,to the Misuse of Public Bodies of Water. r E. First Reading of Ordinance No. 041;2003,Amending Section 3-81 of the Code Regarding Disturbances. BACKGROUND: Late last year,the City Attorney's Office worked with Police Services to review portions of the City Code and determine whether or not the current provisions of the Code adequately address the behavioral problems that the officers encounter most frequently in the performance of their duties. While most of the Code provisions examined during this review appear adequate as written, some require modifications. Additionally,some of the problems faced by police officers are not addressed at all in the current Code provisions. DATE: ITEM NUMBER: Behaviors such as climbing on objects (fountains, etc.), obstructing passageways, bathing in fountains, and spitting are all problems that police officers encounter but that are not adequately addressed by the current regulations. The following is a brief description of the ordinances recommended by staff. Climbing on objects: Police officers often encounter individuals climbing on public structures. This behavior presents a risk of bodily injury as well as damage to the structures themselves. Proposed Ordinance No. 037, 2003 amends the current trespass ordinance to more specifically prohibit such behavior. Paragraph (b) of the proposed ordinance explicitly prohibits climbing or standing upon structures unless the structure is designed and intended for such use. In addition, paragraph (a) makes it a crime t� .'e r .re�in- 1 f�" on property. The phrase "enter or remain unlawfully"is defined to incline nduc6'ng ne f in" ublic place in violation of any rule posted or known to the offending par Accor if tR owner of property adopts rules prohibiting climbing on structures located therein,-any conduct in violation of that rule would also constitute a violation of paragraph (a). Obstructing Passageways: People tend to congregate near the entrances of business establishments and often sit, lie or even sleep in close proximity to such entrances. This behavior creates a safety hazard and is a nuisance to the patrons of such establishments. In order to mitigate these problems, proposed Ordinance No. 038, 2003, like C.R.S. 18-9-107, prohibits rendering passageways "unreasonably inconvenient." However, the proposed ordinance goes beyond the state statute by including within the definition of.`�rireasonablyinconvenient"_ the behavior of sitting or lying IV- � n. �r within 20 feet of the entrances business establishments -It business hours. The ordinance includes the following exceptio s to th sitting 'n d lying prohibition: x 31 • Disabled individuals • Medical emergencies • Participation in a sanctioned event (parade, festival, demonstration, etc.) • Bus stop zone Spitting: A current practice among some people is to deposit large amounts of spittle on sidewalks in public places. Because certain diseases, such as hepatitis, can be spread by contact with this material, proposed Ordinance No. 039, 2003, prohibits this activity within the City limits. Bathing in Fountains There are he <r safe yfdp8llut on/concerns associated with people bathing,washing dishes and thetlike in ies of��water that are not intended for such use. Proposed Ordinance No.040,2003,seeks o'fesolve hes sueg-by prohibiting such behavior unless the body of water is designed, intended and made available to the general public for such purposes. Reporting Disturbances: Under Section 3-81 of the City Code, proprietors of establishments licensed to sell liquor must report to police any disorderly conduct occurring on their premises. Staff believes posting a notice of this requirement within these establishments will be beneficial because it may deter individuals from engaging in this type of activity. Proposed Ordinance No. 041, 2003 requires the posting of this notice.