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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/03/2011 - SECOND READING OF ORDINANCE NO. 045, 2011, AMENDIN DATE: May 3, 2011 AGENDA ITEM SUMMARY STAFF: Helen Migchelbrink _T COLLINS CITY COUNCIL ' Erika Keeton Second Reading of Ordinance No. 045, 2011,Amending Section 17-40 of the City Code Pertaining to the Offense of Trespass. EXECUTIVE SUMMARY The recently executed Construction and Maintenance Agreement with the Burlington Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for Bus Rapid Transit(BRT) operations along the Mason Corridor, requires the enactment of an ordinance specific to trespass on railroad property. This Ordinance, unanimously adopted on First Reading on April 19, 2011, provides law enforcement the ability to self-initiate enforcement action. With the addition of BRT service in the railroad right-of-way,the potential for unauthorized access by vehicles and pedestrians poses a safety risk. It is in the City's best interest to minimize these safety risks by limiting unlawful access to the railroad right-of-way,which also includes the BRT guideway and specific areas on Mason Street between intersections from Laurel Street to Vine Drive. A variety of physical barriers will be installed with the project to minimize unlawful access, including signs and access control gates. Law enforcement presence and the issuing of citations related to this Ordinance will improve safety along the corridor. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-April 19, 2011 (w/o attachments) ATTACHMENT 1 DATE: April 19, 2011 STAFF: Helen Migchelbrink _ Erika Keeton First Reading of Ordinance No. 045, 2011, Amending Section 17-40 of the City Code Pertaining to the Offense of Trespass. EXECUTIVE SUMMARY The recently executed Construction and Maintenance Agreement with the.�Burlington Northern Santa Fe (BNSF) Railroad allowing the City's use of the(railroad right-of-way'fortBas:f2apid��T�ansit(BRT) operations along the Mason Corridor, requires the enactment of an oorrddinancle\speciic�toltrespass on railroad property. This Ordinance provides law enforcement the ability to self-initiate enforcement•action!-With the addition of BRT service in the railroad right-of- way, the potential for unauthorized access by vehicles and pedestrians poses a safety risk. It is in the City's best interest to minimize these safety risks by limiting unlawful access to the railroad right-of-way,which also includes the BRT guideway and specific areas on Mason Street between intersections from Laurel Street to Vine Drive. A variety of physical barriers will be installed with the project to minimize unlawful access, including signs and access control gates. Law enforcement presence and the issuing of citations related to this Ordinance will improve safety along the corridor. BACKGROUND / DISCUSSION,,\ K\ 17 The Mason Express (MAX) Bus Rapid Transit\(BRT) Pfojel t i a five mile infrastructure project that includes the construction of a concrete bus guideway,_(special,purpose road), park and ride parking lots, bus stations and stops. The north/south route is located parallel'to ttie Burlington Northern Santa Fe�(BNSF)railroad west of College Avenue, between the planned new Transfort South Transit Center,south of Harmony Road,and the Downtown Transit Center, located on Mason Street at Maple Street. The $82 million dollar project is largely funded by the Federal Transit Authority, and will provide BRT service at ten minute intervals. The project requires acquisition of a substantial easement from the BNSF for use of the railroad right-of-way (ROW) for nearly three miles of the five mile route. The use of the railroad right-of-way for BRT operations necessitated a Construction and Maintenance Agreement between the City of Fort Collins and BNSF. This agreement was executed on March 22, 2011. The agreement calls for the passage of a Trespasser Ordinance before May 31, 2011,which would classify any unauthorized person who enters upon property owned, leased or operated by a.railroad, as a trespasser subject to a penalty of a monetary fine, imprisonment or both. �/ � � E With the addition of BRT service in the r�ailroad.t ht-of-way,thejpotential for unauthorized vehicle or pedestrian access could increase. This unauthorized access poses a�s�ety%risk for both railroad and BRT operations. It is in the City s best interest to minimize these safety risks by limiting unlawful access to the railroad right-of-way, including the BRT guideway and specific areas on Mason Street between intersections from Laurel Street to Vine Drive.The project will install a variety of physical barriers to minimize unlawful access, including signs and access control gates.Additional law enforcement presence and the issuing of citations related to this Ordinance will improve safety along the corridor. If the Trespasser Ordinance is not enacted by May 31, 2011, the BNSF may terminate the Construction and Maintenance Agreement with the City,thereby prohibiting the construction of the BRT project. In addition, if after May 31,2011,the Trespasser Ordinance is repealed or ineffective for any reason,and the City fails to enact a replacement ordinance satisfactory to BNSF within 45 days, the City must immediately cease and suspend all operations on the BRT guideway until the effectiveness of-the Trespasser Ordinan ce nee is.rest_ ored. FINANCIAL / ECONOMIC IMPACTS ( � I I u u Per discussions with Jerry Schiager, Interim Police Chief, it is not anticipated that this ordinance will have a financial impact at this time, as there are already laws that prohibit trespassing on private property. Police Services is April 19, 2011 -2- ITEM 14 concerned that adopting this ordinance may create an expectation that in the absence of a demonstrated public safety need,additional enforcement for trespassing on railroad property will occur. Absent some specific direction otherwise, this issue will be prioritized with many other competing enforcement demands based on the impact on public safety. If additional enforcement is desired or necessitated by an unsafe situation along the corridor caused by trespassers, additional resources may be needed to adequately enforce the ordinance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. 0: ORDINANCE NO. 045, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 17-40 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE OFFENSE OF TRESPASS WHEREAS,the construction of the Mason Corridor Bus Rapid Transit("BRT")Project(the "Project") is scheduled to begin in 2011; and WHEREAS,the Project involves the construction of a five mile,north-south bus guideway which extends from Cherry Street on the north to a point south of Harmony Road(the site of the new South Transit Center); and WHEREAS,the Project will greatly enhance north-south transportation through the City and is expected to serve as a catalyst for economic growth and long-term development; and WHEREAS,a significant part of the guideway will be constructed on property owned by the BNSF Railway Company("BNSF")and an easement from BNSF is a necessary property acquisition for the Project; and WHEREAS, on March 22, 2011, the City entered into a Construction and Maintenance Agreement("C&M Agreement")with BNSF providing for,among other things,the conveyance by BNSF of easement interests for the construction and operation of the Project; and WHEREAS,BNSF has expressed concern that the Project,by bringing additional people into the BNSF rail corridor, may raise safety concerns resulting from the potential that BRT users may trespass across its railroad tracks; and WHEREAS,to address BNSF's concern about this potential trespassing on railroad property, the C&M Agreement requires that the City enact an ordinance that specifically classifies any unauthorized person who enters upon property owned, leased or operated by a railroad as a trespasser; and WHEREAS, Section 17-40 of the City Code addresses the offense of trespass; and WHEREAS, Section 17-40 of the City Code makes it an offense to "enter or remain unlawfully upon property,whether publicly or privately owned",and,in its current form,Section 17- 40 is likely broad enough to address the offense of trespass on property owned by a railroad; and WHEREAS,notwithstanding the current breadth of Section 17-40 of the City Code, and in the interest of public safety, Council desires to amend Section 17-40 to include a provision dealing specifically with trespass on railroad property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 17-40 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (c) which reads in its entirety as follows: See. 17-40. Trespass; Trespass on Railroad Property. (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. (c) More specifically with respect to railroad property, no person shall, without lawful authority or the railroad company's consent,enter or remain unlawfully upon railroad property; except that a person may cross railroad property at an authorized crossing so long as the person complies with any warning devices located at the crossing. (1) The provisions of subsection(c)shall apply even if the railroad company may be aware of the presence or likely presence of unauthorized persons on railroad property. (2) For purposes of this subsection (c), persons with lawful authority include only the following: a. passengers on trains, or employees of a railroad company while engaged in the performance of their official duties; b. police officers, firefighters, peace officers, and emergency response personnel while engaged in the performance of their official duties; C. a person going upon railroad property in an emergency to rescue a person or animal such as livestock,pets,or wildlife from harm's way, or to remove an object that the person reasonably believes to pose an imminent safety risk; d. representatives of the Colorado Department of Transportation while engaged in the performance of their official duties; e. representatives of the Federal Railroad Administration while engaged in the performance of their official duties; or -2- f. representatives of the National Transportation Safety Board while engaged in the performance of their official duties. (2) For purposes of this subsection (c), the following definitions apply: a. "railroad property" shall mean all real property owned, leased, or operated by a railroad company including a right-of-way, track, bridge, yard, shop, viaduct, trestle, depot, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad company including a train, locomotive, engine, railroad car, work equipment, rolling stock, or safety device. "Railroad property" does not include any portion of a public street running adjacent to a railroad track; b. "yard" shall mean a system of parallel tracks, crossovers, and switches where railroad cars are switched and made up into trains, and where railroad cars,locomotives,and other rolling stock are kept when not in use or when awaiting repairs. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2011, and to be presented for final passage on the 3rd day of May, A.D. 2011. �Ok FpRTC�`, //- A. ayor !�/ ATTEST: O Cp�ORp.O City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk -3-