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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/24/2017 - COMPASSION AND CONSEQUENCES: DISRUPTIVE BEHAVIORDATE: STAFF: January 24, 2017 Jeff Mihelich, Deputy City Manager Mike Trombley, Police Lieutenant WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Compassion and Consequences: Disruptive Behavior Solutions. EXECUTIVE SUMMARY The purpose of this item is to review four solutions staff is working on to address the disruptive behaviors which the City experiences during the summer months. 1. Securing dedicated jail space in Larimer County Jail 2. Appropriate Use of Public Spaces ordinance 3. Give Real Change - a program designed to encourage downtown visitors to give spare change to charities rather than directly to panhandlers. 4. Expanded Use of cameras downtown GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Is Council supportive of bringing forward an agreement between the City and Larimer County related to jail space? 2. Is Council supportive of bringing forth an Appropriate Use of Public Spaces ordinance? 3. Does Council have concerns about the plan to expand use of cameras in Old Town? BACKGROUND / DISCUSSION Over the past several summers, Fort Collins has experienced challenges with disruptive behaviors around the city, which has caused numerous challenges and frustration among downtown visitors, business owners, and residents. Council has held several work sessions on this subject and past actions taken include partial funding of the Outreach Fort Collins Team and funding Police Services overtime to increase presence downtown. The City takes an approach of both compassion and consequences when it comes to the perpetrators of these behaviors. All are welcome in our city and we provide resources to charitable organizations and the housing Authority which are designed to help those struggling with various mental health disorders, homelessness, or other challenges. The City also seeks to impose fair consequences when individuals of any background seek to disrupt our community through continued acts of aggressive behavior. Staff has updates on three items for this work session, all of which address various elements of our comprehensive approach to address challenges associated with disruptive behaviors. 1. Reserved Jail Space for Repeat Violators of Municipal Code The first solution staff is bringing forth for Council consideration is an agreement with the Larimer County Jail to reserve three (3) beds on year-round basis for a set cost. These beds will be used to send repeat Municipal Code violators to jail, which will communicate to the community that disruptive and illegal behavior will not be tolerated in Fort Collins. January 24, 2017 Page 2 Despite increasing the police presence in downtown, the City has been unable to stop certain individuals from continuing to violate Municipal Code. Although officers are able to write tickets, due to the jail’s current capacity, the jail has significantly reduced the amount of prisoners kept only on Municipal Court charges. Those individuals with multiple municipal violations that would normally result in jail time are left on the streets and often times continue to cause problems. As a result of this decrease in bed space being used for municipal only charges, staff has engaged Larimer County and offered to pay for a set number of beds to be made available for municipal only charges. The Sheriff has agreed in principal to this plan, agreeing to set aside three beds on a year-round basis. Staff is still discussing the cost with the County. Staff is excited about this agreement, as they believe that this will give the City a tool to impose consequences on those individuals who consistently fail to meet community expectations and follow our laws. 2. Appropriate Use of Public Spaces Ordinance In order to address some of the specific concerns that have been expressed by downtown business owners related to people lying on or sitting on sidewalks and in order to keep the downtown area pedestrian friendly, staff has prepared a draft ordinance which would do the following things:  Prohibit sitting or lying on public sidewalks or plazas between the hours of 9:00 a.m. and 2:00 a.m.  Prohibit reclining or lying down on a chair, bench, or other objects designed for sitting  Prohibit leaving personal property unattended on a public chair or bench.  Prohibit people from sitting on a bench for longer than one hour.  Prohibit people from sitting on things not designed for sitting, such as a drinking fountain, planter, or bicycle rack.  Prohibit sitting or lying in a restroom, aside from on designated seats such as a toilet.  Prohibit storing personal property in the right-of-way. This would be applied citywide. The proposed ordinance makes exceptions for those who are:  Experiencing a medical emergency  Vendors  Parade, festival, or performance participants  Children in designated play areas These restrictions would only be applied to the downtown area, bounded by the same area that encompassed the Downtown Smoke-Free Zone. 3. Give Real Change Program In an effort to help reduce the impacts that panhandlers have in Old Town, particularly during the summer months, the Downtown Business Association (DBA) will launch a pilot program aimed at trying to get individuals to give directly to social service providers rather than directly to panhandlers. The program will launch in the spring of 2017 and will be called “Give Real Change”. The pilot program is an action-oriented initiative with potential to contribute long-term positive impact toward the community’s sustained efforts and strategy to end homelessness and provide resources to those most in need. The program is built upon two symbiotic operational pillars: the first facet comprises a Public Awareness Campaign designed to educate, identify solutions and promote citizen engagement; the second facet of the program is to establish a responsible community fundraising model wherein donations from citizens or businesses go directly to social service professionals who are experts in allocating resources and have ample access to services. The DBA’s desired outcomes of the program include the following things: January 24, 2017 Page 3  Provide a compassionate, reliable and easy-to-understand outlet for the community to support the ongoing efforts to end homelessness and help those most in need  Be a megaphone regarding the availability of existing social services and charitable organizations; support and contribute to operations with fundraising proceeds  Promote the positivity and productivity of the community’s collective work to address social sustainability issues  Design program to be easily understood and easily replicable  Track and measure tangible results  Improve the public’s perception of people experiencing homelessness The DBA has researched and based its program on two best-practices/case studies: 1. Minneapolis, Minnesota: Established in 2009, Minneapolis’ Downtown District launched a public-private partnership “Give Real Change, Not Spare Change” campaign that includes ownership from the City, County, Business Districts and non-profits organizations. Their goal is to “end street homelessness by 2025.” Their program encourages people to donate money or volunteer time to local agencies and outreach services. Large-scale billboards advertisements, an online giving component and a robust public relations campaign accompany their program. 2. Spokane, Washington: Established in 2014, Downtown Spokane launched a “Text to Give” campaign in coordination with its local Catholic Charities umbrella. Instead of a potential negatively-perceived message of “don’t give to panhandlers,” Spokane instead promoted the wholly positive message of “Texting Change.” Their campaign was effective, with their local downtown business alliance pledging a matching donation of up to $25,000 for funds raised through texting. 4. Expanded Use of Cameras in Old Town Over the past year, staff has installed cameras near the Gustav Swanson Natural Area restroom and Oak and Remington restrooms to try and deter crime from those areas and to utilize footage retroactively to help with criminal investigations. Staff believes that these two cameras have been useful tools, and plans to explore new locations for cameras as we move into the summer months. ATTACHMENTS 1. Dealing with Difficult Behaviors Flyer (PDF) 2. Draft of proposed Ordinance (PDF) 3. Powerpoint presentation (PDF) ALWAYS CALL 9-1-1 FOR EMERGENCIES • FOR NON-EMERGENCIES, CALL 970.221.6540 How do you know the difference between inconsiderate and unlawful activities? How do we serve those in need while making sure Fort Collins is a safe place to live, work, and play for everyone? Here’s a quick guide to city ordinances and social services. Smoking is prohibited on all City-owned property & in the Downtown Smoke- Free Zone (unless you’re in an enclosed vehicle or private residence, which is okay). Open containers of alcohol are prohibited in public places, including alleys, streets, sidewalks, vehicles, bicycles, tricycles & unicycles. Marijuana may not be consumed or displayed openly or publicly. Doesn’t matter if it’s for medicinal purposes. If there’s public tokin’, the law’s been broken. Panhandling itself is not illegal. However, disruptive behaviors associated with panhandling are unlawful. This can include: • Touching, grabbing & physical contact • Obstructing a path or impeding travel • Intimidating, threatening, coercive, or obscene behavior All pet animals, except birds, must be restrained unless otherwise designated (no joke, the ordinance really exempts fowl) No person shall disturb the peace of others with behavior that is violent, tumultous, offensive, disorderly, or obstreperous (that’s legalese for unmanageably noisy and out of control). Disorderly conduct is not okay. This can include offensive speech, gestures & public displays intended to disturb the peace; ¿JKWLQJ SXEOLFO\GLVSOD\LQJZHDSRQV with the intent to freak people out. Harassment is not acceptable & can include... • Obscene language or gestures directed at a person • Initiating threatening or obscene communication • Repetitive communication at inconvenient hours • Repetitive phone calls with no legit purpose • Repeated insults, taunts, or challenges • Following a person in a public place • Unwanted physical contact GREAT COMMUNITIES Seek Resourceful and Caring Solutions to Complex Problems ATTACHMENT 1 In addition to making the Earth sad, littering is also prohibited on public property. It’s illegal to litter anywhere if materials could blow into public spaces, so confetti parties should be indoor-only affairs. No person may trespass on private property or public property from which they’ve been legally banned. Camping on public property is not allowed. This includes spending the night, setting up a homestead, or crashing temporarily to conduct domestic activities (like letting your pet duck wash his dishes - see sanitary risks). Obstructing a highway or passageway is inconsiderate & illegal. This includes streets, sidewalks, railways, waterways, building entrances, elevators, aisles, stairways, & hallways. It’s generally not okay to swim, bathe or wash dishes in pools, fountains, or other manmade bodies of water. (Unless you’re a duck. Then swimming is okay, but dish washing is still out.) Bodily waste. Yes, everybody makes it sometimes, but it’s a private ordeal that needs to stay in a designated receptacle. This includes excrement, vomit, spit, or any other form of human waste. Why did the chicken cross the road? Not to hang out on the median. It’s unsafe & unlawful to stand on medians for longer than it takes to safely cross the road. The proverbial hen had it right: just get to the other side. Name Address Phone Number Services Outreach Fort Collins info@outreachfortcollins.com Now serving the Downtown area 970.658.0088 Monday–Saturday, 8am–5pm Reasons to call Outreach Fort Collins: • Someone is impaired by drugs or alcohol • Someone is experiencing a mental health crisis • Disruptive behaviors (not necessarily illegal) • To learn more about resources for homeless or vulnerable populations Sister Mary Alice Murphy Center for Hope (Murphy Center) 242 Conifer Street 970.494.9940 Mail, showers, day shelter, crisis support, housing assistance, job support, mental health & substance abuse counseling, take-away meals, laundry, veteran services, pet food & vaccinations, gear & more Catholic Charities 460 Linden Center Drive 970.484.5010 Lunch, overnight shelter (all patrons must pass a breathalyzer test to stay at facility) Ft. Collins Rescue Mission 316 Jefferson Street 970.224.4302 Overnight shelter, breakfast, dinner FOCO Cafe 225 Maple Street 309.368.1659 Lunch 11–2, pay what you can Food Bank 1301 Blue Spruce Drive 970.493.4477 Groceries available M–F, 1pm–6pm Mary’s Closet (St. Joseph’s Church) 101 N. Howes Street 970.484.6755 Clothing available Tues/Wed/Thurs 9am–1:45pm PRELIMINARY DRAFT – LEGAL REVIEW PENDING 1 ORDINANCE NO_____, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE III OF CHAPTER 17 OF THE CITY CODE BY ADDING A NEW SECTION 17-46 REGULATING USE OF PUBLIC FACILITIES ON SIDEWALKS, PLAZAS, AND TRANSIT FACILITIES. WHEREAS, pursuant to its constitutional home rule powers and Sections 31-15-401 and 31-15-702, Colorado Revised Statutes, the City has the power to regulate the conduct upon and the use of public sidewalk areas and plazas; and WHEREAS, in recent years, there has been an increase in complaints from businesses about persons sitting or lying on the sidewalks and plazas in the downtown area; and WHEREAS, the City Council finds that the City has a compelling interest in encouraging and preserving a vital, pedestrian-friendly downtown center; and WHEREAS, the City Council finds that the downtown area contains dense and highly trafficked pedestrian areas and significant vehicular traffic and parking; and WHEREAS, the City Council finds that it is beneficial to encourage a pedestrian-friendly and shared public downtown area; and WHEREAS, the City Council finds that the environment and economic vitality of the City benefits when citizens and visitors use public transportation; and WHEREAS, when persons misuse public transit facilities, it makes those facilities unavailable to people using public transportation; and WHEREAS, the City Council believes it is necessary to regulate the appropriate use of public facilities, including sidewalk areas, plazas, and transit facilities under the circumstances set forth herein, for the preservation of the health, safety, and welfare of the City’s citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council finds that the City has a compelling interest in: (a) encouraging and preserving a vital, pedestrian-friendly downtown business area; ATTACHMENT 2 PRELIMINARY DRAFT – LEGAL REVIEW PENDING 2 (b) promoting business and tourism in the downtown business area; (c) preserving the safety of pedestrians, particularly the elderly, disabled, vision- impaired and children; (d) encouraging the use of public sidewalk areas and plazas for travel in and about the downtown business area as a realistic alternative to the use of motor vehicles; and (e) promoting the safe and efficient use of public transportation. Section 3. That the City Council hereby finds that the transit facilities throughout the City and public sidewalk areas and plazas within the downtown business area have high pedestrian use, and individuals sitting or lying down on those areas or on objects located therein that are not intended for sitting or lying: (a) are disruptive to residents, businesses, and customers; (b) discourage, block, or inhibit the free passage of pedestrians and the intended use of transit facilities; (c) contribute to the loss of access to and enjoyment of businesses and public places; (d) contribute to litter, debris, and waste being left on the public sidewalks and plazas; (e) impede the ability of visitors and citizens to share the public space in the downtown area; (f) cause residents and visitors to tend to avoid such areas, thereby threatening the vitality of the businesses within and surrounding the areas, and the City’s overall economic health; (g) discourage the public’s use of transit facilities; and (i) Damage structures and equipment and impair use for their intended purposes. Section 4. That Article III of Chapter 17 of the City Code is hereby amended to add a new Section 17-46 to read as follows: Sec. 17-46. Appropriate use of public facilities. (a) The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Subsection: PRELIMINARY DRAFT – LEGAL REVIEW PENDING 3 Authority means the Downtown Development Authority. Child means any person under the age of 16. City function means any task or job or the preparation for any task or job related to the construction, operation, or maintenance of public facilities. Disability shall mean a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment or being regarded as having such an impairment. Downtown area shall mean within the area bounded by: the center of Mason Street from the center of Maple Street to the center of Olive Street; the center of Olive Street from the center Mason Street to the center of Remington Street; the center of Remington Street from the center of Olive Street to the center of Oak Street; the center of Oak Street from the center of Remington Street to the center of Mathews Street; the center of Mathews Street from the center of Oak Street to the center of Mountain Avenue; the center of Mountain Avenue from the center of Mathews Street to the center of Jefferson Street; the center of Jefferson Street from the center of Mountain Avenue to the center of Maple Street; the center of Maple Street from the center of Jefferson Street to the center of Mason Street. For purposes of this definition, the center of any given street shall be deemed to be the midpoint between the outer boundaries of such street. For streets running north to south or approximately north to south, the center runs north to south or approximately north to south, respectively; for streets running east to west, the center runs east to west or approximately east to west, respectively; the center of Jefferson Street runs approximately southeast to northwest. A map showing the approximate area of the downtown area, called the Downtown Smoke- Free Zone, dated February 27, 2015, is on file in the Office of the City Clerk. Major life activities shall mean functions such as, but not limited to, caring for one’s self, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, learning, reading, concentrating, thinking, communicating, breathing, and working. Oak Street Plaza shall mean the property described in Ordinance No. 134, 2006. Old Town Plaza shall mean the outdoor plaza area in Sec. 15-381. PRELIMINARY DRAFT – LEGAL REVIEW PENDING 4 Personal property shall mean the moveable, tangible property of any kind that can be seen, weighed, measured, felt, or touched, or is in any other way perceptible to the senses, not including land, interests in land, or public fixtures. Physical or mental impairment shall mean, but is not limited to, any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular, reproductive, digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The phrase physical or mental impairment includes but is not limited to such conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), and tuberculosis, among other conditions. Public plazas shall mean Old Town Plaza and Oak Street Plaza. Public restroom shall mean any city-owned or operated restroom. Public sidewalk shall have the same meaning as that defined in §24-24. Transit facility shall mean any bus stop, bus shelter, bus bench, transit center, or pedestrian overpass or underpass. (b) In the downtown area, between the hours of 9:00 a.m. and 2:00 a.m., or at any time when ordered to move by any City employee or contractor to accomplish any City function, it shall be unlawful for any person to: (1) Sit, kneel, or lie down upon the public sidewalk, in any public plaza, or upon any other object, including, but not limited to, a personal cloth or pad, or a chair not provided by a public agency or pursuant to a City-issued or Authority-issued permit or license, placed upon the public sidewalk within [20] feet of any commercial property or pedestrian walkway; (2) recline or lie down on a chair, bench, bus bench, or other fixture or furniture designed for sitting, or to use the same for any purpose other than sitting; PRELIMINARY DRAFT – LEGAL REVIEW PENDING 5 (3) leave personal property unattended on a public chair, public bench, bus bench or other designed for sitting; (4) remain seated on any fixture or furniture designed for sitting for longer than one hour; (5) cause or permit the depositing of unattended personal property upon the public sidewalk, in any public plaza, or upon or in any other fixture or furniture within 10 feet of any commercial property or pedestrian walkway, unless: a. the deposited property is any wheeled device designed for the purpose of transporting a person of any age that is temporarily stored in a location designed and designated for such storage; b. the person is acting under the authority of a City-issued or Authority-issued license or permit; or c. such personal property is being moved into or out of a business or residence with consent of the occupant. (6) cause or permit the depositing of attended personal property upon the public sidewalk, in any public plaza, or upon or in any other object within [10] feet of any commercial property or pedestrian walkway, unless: a. the personal property is attended by the owner or keeper of the property; and b. the amount of property deposited is less than or equal to an amount that may reasonably be expected to be hand-carried by a single adult. (c) It shall be unlawful for any person to sit, kneel, or lie down upon any area in a transit facility, or upon public property, within twenty (20) feet of a transit facility. This prohibition shall not apply to persons sitting on a bench or other designated seating area for fewer than one hundred twenty (120) minutes. (d) It shall be unlawful for any person to sit or lie down upon any area in a public restroom, or within ten (10) feet of the entrance to a public restroom, except for areas designed for sitting, such as a toilet or a bench. (e) Sections 17-46(b), (c), and (d) shall not apply to a person who: PRELIMINARY DRAFT – LEGAL REVIEW PENDING 6 (1) sits, kneels, or lies down because of, and to the extent reasonably necessary, due to, a medical emergency; (2) as a result of a disability, utilizes a wheelchair or similar device to move about the public sidewalk, public plazas, transit facilities, or public restrooms; (3) operates or patronizes a commercial establishment or vending cart, or carries out other activities on the public sidewalk areas or plazas pursuant to license, permit, or other authorization issued by the City or Authority; (4) participates in or views a parade, festival, performance, rally, demonstration, fair, or similar event authorized pursuant to a City-issued or Authority-issued license, permit, or other authorization; (5) sits on a chair or bench that is supplied or authorized pursuant to a City-issued or Authority-issued license, permit, or other authorization; (6) is a child being transported in a stroller or similar device; (7) is a child playing or participating in activities which may include sitting, in designated play areas; or (8) is an employee of the City or Authority, or any party contracting with the City or Authority, who is performing work or maintenance, or conducting management or enforcement functions, on the public sidewalk areas and plazas or transit facilities that is within the scope and authority of his/her employment. (f) In addition to the prohibitions above, it shall be unlawful for any person to sit, recline, or lie upon any object or other fixture upon public property not designed primarily for the purpose of sitting, including, but not limited to a drinking fountain, trash container, planter, or bicycle rack. (g) This section does not permit any conduct that is prohibited by ordinances of Fort Collins regarding interference with pedestrian or vehicular traffic. (h) A culpable mental state is not required, and need not be proven, for an offense under this section. PRELIMINARY DRAFT – LEGAL REVIEW PENDING 7 (i) Nothing in this Section is intended to modify any restriction regarding unattended displays in Chapter 23 of the City Code. Introduced, considered favorably on first reading, and ordered published this 7th day of February, A.D. 2017, and to be presented for final passage on the 21st day of February, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 21st day of February, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk 1 Compassion and Consequences – Addressing Disruptive Behaviors Downtown 3-2-16 ATTACHMENT 3 Overview of Topics 2 1. Give Real Change Pilot Program 2. Dedicated Jail Space 3. Draft Appropriate Use of Public Spaces Ordinance 4. Expanded Use of Cameras Downtown Direction Sought From City Council 1. Is council supportive of bringing forward an agreement between the City and Larimer County related to Jail Space? 2. Is Council supportive of bringing forth an Appropriate Use of Public Spaces ordinance? 3. Does Council have concerns about the plan to expand use of cameras in Old Town? 3 Give Real Change Pilot Program • Downtown Business Association program • Pilot to begin this spring • Encourage people to give directly to social services • Will include a robust public awareness campaign Minneapolis • Launched similar program in 2009 • Goal is to end street homelessness by 2025 Spokane • Established a text to give campaign in 2014 • Considered effective – DBA matched up to $25k of funds 4 Dedicated Jail Space • Staff is working on an agreement to secure three dedicated beds • Needed because jail is at capacity – no longer taking municipal only charges • Plan to use space for repeat offenders of municipal code • Staff is working out costs with the County 5 Appropriate Use of Public Spaces Prohibits • Sitting or lying on sidewalks or plazas from 9am -2am • Sitting on benches longer than one hour • Lying on benches • Storing personal property in ROW • Sitting or lying in/on planters, restrooms, etc. • Draft ordinance designed to keep downtown pedestrian-friendly • Broadly defines prohibited uses of publically owned spaces/facilities downtown 6 Proposed boundary for Ordinance • Same area as smoke-free downtown • Includes Old Town Square and Oak Street Plaza • Storing of personal property in ROW would be prohibited City-wide 7 Expanded Use of Cameras • Staff has effectively utilized two existing cameras downtown to deter crime and solve open cases • Hope to expand the use of cameras to other “hot spots” to retroactively view incidents and deter future crime 8 Direction Sought From City Council 1. Is council supportive of bringing forward an agreement between the City and Larimer County related to Jail Space? 2. Is Council supportive of bringing forth an Appropriate Use of Public Spaces ordinance? 3. Does Council have concerns about the plan to expand use of cameras in Old Town? 9 Night Outreach 460 Linden Center Drive 970.484.5010 Sun/Tues/Thurs 7–10pm Old Town Ambassadors 19 Old Town Square, Ste 137 970.232.3840 Tourism & safety information for downtown visitors