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;
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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
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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
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(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:
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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.
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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;
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(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:
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(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.
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(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