HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/04/2003 - ITEMS AMENDING CHAPTER 3 AND CHAPTER 17 OF THE CIT 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 the 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.
40 A. First 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. 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 Provision Pertaining to the Misuse of Public Bodies of Water.
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 to "enter or remain unlawfully" on property. The phrase "enter or
remain unlawfully"is defined to include conducting oneself in a public place in violation of any rule
posted or known to the offending party. Accordingly, if the 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 "unreasonably inconvenient" the behavior of sitting or lying
within 20 feet of the entrances to business establishments during business hours. The ordinance
includes the following exceptions to the sitting and lying prohibition:
• 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 health, safety and pollution concerns associated with people
bathing,washing dishes and the like in bodies of water that are not intended for such use. Proposed
Ordinance No.040,2003,seeks to resolve these issues 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.
• 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 ptivately owned property' when_ not
licensed;privileged or otherwise aWih ized to do so;
P) 4- F
(3) ...h a
(4) 01G0
isauedliattyo q
or sapervi"sign thereof;uyluchlitts^or'prolubtls fliese,` es or
conduct,in such ptiliic place,pmv deYTiat the ritIe or regiatton isij
prominently posted at all publicientraiicesto the property; (ii)` posted in
such way as to be clearly visible from the site ofthe infraction; or(ii)
• 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:
See. 17-40. Trespass.
(a) No person shall, vvithotit legal ptivilegc,enter or remain unlawfully in a
motot vehicle of miothet or rentain upon property,whether die pietnises of altuffiern
or-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.
201062CY (including a restivoin,dressing vorn or locker room), ohedier contained in
pabliciy m privately oymed buildings v, parts theteof; 6. fail or teffise to ternovc
(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.
Mayor
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 tern "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.27 )t28 Q�tnicEi�
(a) No AkiicW*RNMOMMAT
(1)' Qbsteu�cC�a "
entrance elevatcc- e s N
the passage of persons,velucfe§,or`'�$ave'�y"at5'`fo��st ,lioti<r`e" u�lc
or a substantial group of the pubhg..has.access, whether'7,e
obstruction arises from that person'§ 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
ATTEST:
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.
• public.
No person shali crinate in arty street, alley ot othei Vablic piace.
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.
T}}�����.1 '!{ryy�►shau deP >��.�,s I���.�x r `�`!
1
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. 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 in 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, pond, lake, stream, or ditch 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. Repeated firiluro
to coniply with die recitfirentents of this Section shall constietite ptinia facie Vottilds
(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:
"� ING The Ctty of Fort Colltns;ePo,,,1 c� '�aitmeritmus�" `"nottfie¢
ali
ttmi awful actvtty,di l
h �uaver hit agent,"s'ervant, ow°erpp o
responsible forfatling to report an unlawful o did Curl
hereunder if such agent, se"rvanC or employee Was a 'sent from the pre uses i o
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 nomenewal 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
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