HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/15/2002 - SECOND READING OF ORDINANCE NO. 212, 2001, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 7
DATE: January 15, 2002
FORT COLLINS CITY COUNCIL FROM: John Fischbach/
Steve Roy
SUBJECT :
Second 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.
RECOMME14DATION:
Staff recommends adoption of the Ordinance on Second 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.
Ordinance No. 112,2001,which was unanimously adopted on First Reading on December 18,2001,
amends the Code so as to clearly permit persons using motorized wheelchairs and similar assistive
devices to operate them on City sidewalks and trails. The Ordinance has been changed slightly on
second reading to correct an error and reflect the fact that Section 23-193 refers to natural areas,
while Section 23-203 refers to recreation areas.
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AGENDA ITEM SUMMARY ITEM NUMBER: 18
DATE: December 18. 2001
FORT COLLINS CITY COUNCIL FROM: John FischbachID '
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 CitySidewalks and
Trails. 4
RECOMME14DATION: t-.
Staff recommends adoption of the Ordinance on First Reading.
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EXECUTIVE: SUMMARY:
Staff has noted that the provisions of certaip, f Chapte 3 and 28 of the Code appear to
preclude the use of motorized wheelchairs on is City sidewalks. Title II of the
Americans with Disabilities Act requires that the Ci asonable accommodation in the use
of its facilities for persons with a Thereto a sections of the Code should be
amended so as to clearly perm' orized rs and similar assistive devices
to operate them on City sid ks and trai at reason, mmends adoption of this
Ordinance. Additional laguage changes have ade to th ctions of the Code to delete
references to motorized s eboards and motoriz oters. existing language implies that
i these means of conveyan a permissible on estab d roadways and designated parking areas,
while. in fact. they are no itted on any public ri of way or property in the City.
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• 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 reereatiennatural 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 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 ntrecreation 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 permanent mobility impairment,anywhere
in a natural area that public access is allowed.
Section 3. That Section 28-17 (125) 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. This prohibition shall not apply
to motorized wheelchairs or similar assistive devices used by any
person with temporary or permanent mobility impairment.
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