HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/21/2017 - SECOND READING OF ORDINANCE NO. 043, 2017, AMENDINAgenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY March 21, 2017
City Council
STAFF
Jeff Mihelich, Deputy City Manager
SUBJECT
Second Reading of Ordinance No. 043, 2017, Amending Article III of Chapter 17 of the Code of the City of Fort
Collins by Adding a New Section 17-46 Regulating Use of Public Facilities on Sidewalks, Plazas, Public
Restrooms and Transit Facilities.
EXECUTIVE SUMMARY
This Ordinance was adopted on First Reading, with amendments, on March 7, 2017, by a vote of 6-1 (Nays:
Overbeck). The Ordinance provides a set of regulations for shared public spaces in the pedestrian-friendly
downtown area. The amendments (1) removed the prohibition on sitting, kneeling or lying on sidewalks or
plazas in the downtown area; (2) removed the prohibition on placing attended personal property on sidewalks
and plazas or public fixtures in the downtown area, or in or around public restrooms and transit facilities; and
(3) modified the direction to the City Manager to report back to the City Council in a year on the impacts of the
Ordinance.
Between First Reading and Second Reading City Attorney’s Office staff has made additional edits, shown in
highlighting and strike-out, to do the following:
Remove additional language that was no longer needed because of the First Reading amendments, and
adjust section numbering accordingly;
Add an exception to the prohibition on sitting in areas not designed for sitting at a transit facility if enough
seating is not available;
Add “locker” to the list of examples of fixtures where it is permissible to leave personal property
unattended; and
Minor rearrangement of exceptions in subsections (f) and (g).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 7, 2017 (w/o attachments) (PDF)
2. Downtown Business Association Letter, March 1, 2017 (PDF)
3. Human Relations Commission Memo, February 28, 2017 (PDF)
4. Powerpoint Presentation (PDF)
Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY March 7, 2017
City Council
STAFF
Jeff Mihelich, Deputy City Manager
SUBJECT
First Reading of Ordinance No. 043, 2017, Amending Article III of Chapter 17 of the Code of the City of Fort
Collins by Adding a New Section 17-46 Regulating Use of Public Facilities on Sidewalks, Plazas, Public
Restrooms and Transit Facilities.
EXECUTIVE SUMMARY
The purpose of this item is to provide a set of regulations for shared public spaces in the pedestrian-friendly
downtown area.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Over the past several years, Fort Collins has experienced increasing conflicts over how public facilities are
being used or misused, particularly in the downtown area. This 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.
While staff believes there have been positive results from the actions Council has taken thus far, challenges
still remain. This is evidenced by the hundreds of emails City Leaders received last summer, which were
subsequently turned into over 25 Service Area Requests (SARs). A summary of the SARs that were created
are included as Attachment 1. While many of the SARs are about behavior that is not addressed by this
Ordinance, staff is providing it as background information. Police officers have, over the years, also observed
instances of large groups of people sitting or lying on sidewalks or public plazas downtown, including
teenagers hanging out, late night partiers and other groups, which makes these spaces inaccessible to others
and takes up space others could use to move around.
In order to address specific concerns expressed by local businesses and visitors related to keeping downtown
pedestrian-friendly, staff is bringing forth an ordinance with the following elements for Council consideration.
The following restrictions apply in the Old Town area from 9:00 a.m. to 2:00 a.m.
Prohibits sitting or lying on public sidewalks and plazas.
Prohibit leaving personal property, unattended or attended, on certain City-owned properties including
sidewalks, plazas, parking spaces, and landscaped areas, with certain exceptions.
The proposed boundaries for the enforcement and applicability of these provisions are the same as the
downtown smoke-free zone.
The proposed ordinance would also prohibit the following throughout the City:
ATTACHMENT 1
Agenda Item 20
Item # 20 Page 2
Sitting, kneeling or lying in a public restroom or within ten feet of a restroom entrance or exit, except on a
designated seat, such as a toilet or bench.
Sitting kneeling or lying on any area not designed for sitting in a transit facility, or on public property within
twenty feet of a transit facility.
Staff believes that the proposed elements will make a positive difference in continuing to ensure that the
downtown area, transit facilities, and public restrooms are safe and accessible for pedestrians and users of
public facilities. Individuals lying on sidewalks take up significantly more space than people standing, and
make those spaces unusable by others for standing or walking.
Councilmembers and residents have expressed concerns about the personal property elements of the
proposed Ordinance and how it will negatively impact some individuals. Staff is working with service providers
to research additional options for storage of property, including using City assets such as lockers from the 700
Wood Street renovation, and exploring sites for placing them with the help of Operation Services. Staff will
keep Council informed of these efforts in the coming weeks and months.
Staff believes that this Ordinance is aligned with some of the City’s previously adopted plans and philosophy of
using best practices. The City has intentionally built the downtown sidewalks to accommodate additional
pedestrians and mixed-use development often seen in the area. The City has also adopted other regulations
to improve pedestrian safety downtown, such as the creation of bicycle dismount zones.
The Institute of Transportation Engineers notes the importance of wider thoroughfares in areas similar to
downtown, stating that "Residential uses typically have less need for sidewalk space than similarly scaled
mixed-use blocks with ground floor commercial retail uses, where space for window shopping, outdoor dining,
newspaper racks and other street appurtenances add to the sidewalk width.”
Additionally, the City’s Pedestrian Plan discusses the importance of minimizing and removing barriers that
impede direct pedestrian access. When new improvements and facilities such as benches, planters and other
potential barriers, and sidewalk cafes or patios are considered, staff utilizes the guidance the Pedestrian plan
provides to ensure that the placement of cafes and patios compliment rather than obstruct a continuous
pedestrian network.
Staff has researched other communities’ successes or challenges with similar ordinances, and those findings
are summarized in Attachment 2.
CITY FINANCIAL IMPACTS
This Ordinance is not expected to have an appreciable impact on the City’s budget.
BOARD / COMMISSION RECOMMENDATION
Staff presented to the Super Issues Board and Commissions Meeting, the Commission on Disability and the
Human Relations Commission (HRC). The results of the polling at the Super Issues Meeting are included in
Attachment 3.
After its meeting, the HRC chose to send a letter to Council, and generally does not support the Appropriate
Use of Public Spaces ordinance as currently drafted.
PUBLIC OUTREACH
Public outreach on this proposed Ordinance was robust. In addition to the board and commission outreach,
staff presented twice to the Downtown Business Association and its membership, once to the Downtown
Development Authority, and to the Local Legislative Advisory Committee. Results from clicker surveys
Agenda Item 20
Item # 20 Page 3
performed at these meetings are included in the Attachment 3. Additionally, the DDA has sent Council a letter
in support of this ordinance (Attachment 4).
Additional business outreach was done through the distribution of fliers to businesses in the downtown area,
which provided a broad overview of the issue and online survey.
In conjunction with business outreach, general citizen outreach was also conducted in the form of the online
survey, which garnered over 2100 responses, a coffee talk on Wednesday, February 15th, and a community
meeting which was held on February 22nd. An in-person survey was administered at the community meeting
and those results are also included in Attachment 3.
Attachment 5 includes the results of the online survey questions is included with this document. The full
results of the online survey, including all comments, are available at http://www.fcgov.com/downtownbehavior/
Staff has included general comment themes in Attachment 5.
ATTACHMENTS
1. Summaries of Behavior SARs (PDF)
2. Effects of Similar Ordinances in Other Cities (PDF)
3. In-Person Outreach Results (PDF)
4. DDA Letter Regarding Appropriate Use of Public Spaces (PDF)
5. Online Survey Results (PDF)
6. Power Point Presentation (PDF)
DowntownFortCollins.com
(970) 484-6500 19 Old Town Square #230 Fort Collins, CO 80524
Date: March 1, 2017
To: Mayor Troxell and City Council
From: Downtown Business Association
Re: Appropriate Use of Public Space Proposed Regulations
Greetings Mayor Troxell & City Council,
Please accept this letter of support with respect to the current proposed regulations regarding
the appropriate use of public space. First, we’d like to thank and recognize City Council and City
Staff for the involvement and community engagement on this topic – the DBA applauds the
City’s ongoing efforts to find comprehensive solutions that balance compassion and
consequences in our community.
After conducting outreach and dialogue efforts amongst members, the DBA recommends
adopting these regulations as a 1-year pilot program designed to introduce the new ordinance,
collect information and evaluate long-term feasibility.
This is important to our membership because perceptions of safety affect downtown
businesses, residents, visitors, and ultimately, sales tax collections. If adopted, this ordinance is
a positive step toward finding comprehensive community-based solutions while also addressing
businesses’ and residents’ concerns regarding safety downtown.
The DBA is committed to making downtown an inviting and welcoming place for all. Specifically,
we are committed to social sustainability progress through initiatives such as the DBA
Downtown Ambassador Program, the impending DBA Give Real Change campaign and through
financial support of Outreach Fort Collins. In 2016, the DBA also proudly donated over $85,000
to the Food Bank for Larimer County through our annual Great Plates of Downtown restaurant
promotion and fundraiser.
As such, we respectfully suggest inclusion in the ordinance of the following conditions:
x Expand the enforcement zone to include the River District and Old Town’s enhanced
alleyways, such as Montezuma Fuller alley.
x Emphasize access to public spaces and access to right-of-way corridors such as
sidewalks, store fronts, loading zones, public transit kiosks, parks and plazas.
x Emphasize the proper and intended use of public space features (i.e., a bench is made
for sitting and resting but not for long-term storage of unattended personal property).
x Adoption of these regulations as a 1-year pilot program.
x We applaud and agree with Council’s decision to eliminate time limitations from the
ordinance.
Thank you for the consideration, as adoption of these regulations is vital to maintaining
downtown’s thriving business climate and ensuring that Old Town is a vibrant and welcoming
place for all.
Sincerely,
The Downtown Business Association
ATTACHMENT 2
ATTACHMENT 3
1
City Council Regular Meeting
March 21, 2017
Appropriate Use of Public Space
ATTACHMENT 4
Process and Outreach
From January-March the City conducted the following outreach:
• City Board and Commission Meetings (3 meetings)
• Online survey (2000+ responses)
• Community Coffee Talk
• Community Meeting
• Business outreach (3 meetings)
All feedback was presented on March 7, 2017.
2
Proposed Ordinance (Prior to Council Vote)
Proposed regulations included prohibiting:
• Sitting or lying on public sidewalks or plazas (9:00 am - 2:00 am.)
• Sitting or lying on things not designed for sitting at a transit facility or
within 20 feet from a transit facility.
• Leaving personal property unattended.
• Having attended personal property more than one person can carry.
• Sitting, kneeling, or lying within 10 feet of a public restroom.
Regulations would be evaluated after one year.
3
Ordinance Approved on First Reading
Changes to Proposed Regulations
(Approved on first reading on 3/7)
• Leaving personal property unattended on a public bench or sidewalk.
• Sitting or lying on things not designed for sitting at a transit facility or
within 20 feet from a transit facility.
• Sitting, kneeling, or lying within 10 feet of a public restroom.
• Having attended personal property more than one person can carry
• Sitting or lying on public sidewalks or plazas (9:00 am - 2:00 am)
Regulations will be evaluated after one year including any suggested modifications, if needed.
4
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ORDINANCE NO. 043, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 17 OF THE CODE OF THE
CITY OF FORT COLLINS BY ADDING A NEW SECTION 17-46
REGULATING USE OF PUBLIC FACILITIES ON SIDEWALKS,
PLAZAS, PUBLIC RESTROOMS 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, near public restrooms, and at transit facilities; and
WHEREAS, in recent years there has been an increase in complaints from businesses and
individuals about persons sitting, lying, and depositing personal items on the sidewalks and
plazas in the downtown area, and a lack of clear egress and ingress near public restrooms and at
transit facilities; and
WHEREAS, the City Council finds that the City has a compelling interest in encouraging
and preserving a vital, pedestrian-friendly downtown center and safe, convenient access to public
transit facilities and restrooms; 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 or restrooms, it makes those
facilities unavailable to others who want or need to use them; and
WHEREAS, citizens are often reticent to use public restrooms and transportation when
people are sitting or lying at or near the entrance to such facilities, or have stored their
belongings there; and
WHEREAS, the City Council believes it is necessary to regulate the appropriate use of
public facilities, including sidewalk areas, plazas, public restrooms, 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.
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Section 2. That the City Council finds that the City has a compelling interest in:
(a) encouraging and preserving vital transit facilities and a pedestrian-friendly
downtown business area;
(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;
(e) keeping a clear egress and ingress to public restrooms for citizens and visitors;
and
(f) promoting the safe and efficient use of public transportation.
Section 3. That the City Council hereby finds that the transit facilities and public
restrooms 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, or using those areas to store
personal property:
(a) are disruptive to residents, visitors, businesses, transit users, and customers;
(b) discourage, block, or inhibit the free passage of pedestrians and the intended use
of public restroom and transit facilities;
(c) contribute to the loss of access to and enjoyment of businesses and public places;
(d) impede the ability of visitors and citizens to share the public space in the
downtown area;
(e) cause residents and visitors to tend to avoid such areas, thereby threatening the
vitality of the businesses within and surrounding the area, and the City’s overall
economic health; and
(f) 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 by the
addition of a new Section 17-46 which reads in its entirety as follows:
Sec. 17-46. Appropriate use of public facilities.
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(a) The following words, terms and phrases, when used in this Section, shall
have the meanings ascribed to them in this Subsection:
Authority means the Downtown Development Authority.
Child means any person under the age of 13.
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 have the meaning ascribed to it in § 15-381 of this
Code.
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Pedestrian Walkway shall mean a public alley or other public passageway
that is not a sidewalk but has been improved for pedestrian access and use.
Personal property shall mean 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 mean any portion of a street between the curbline
and the adjacent property line, excluding parkways, which is intended for
use by pedestrians.
Transit facility shall mean any bus stop, bus shelter, bus bench, transit
center, or pedestrian overpass or underpass.
(b) It shall be unlawful for any person to sit, kneel, or lie down upon any area
not designed for sitting in a transit facility, or upon public property within twenty
(20) feet of a transit facility, unless there are not enough fixtures designed for
sitting available at such facility.
(c) It shall be unlawful for any person to sit, kneel or lie down upon any area
in a public restroom, or within ten (10) feet of the entrance or exit to a public
restroom, except for areas designed for sitting, such as a toilet or a bench.
(d) Subsections (b) through (d) and (c) 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 sidewalks, public plazas, access transit facilities, or public
restrooms;
(3) sits on a chair or bench that is supplied by the City or Authority or
authorized pursuant to a City-issued or Authority-issued license, permit, or
other authorization;
(4) is a child being transported in a stroller or similar device;
(5) is a child playing or participating in activities which may include
sitting, in designated play areas;
(6) operates a commercial establishment or vending cart, or carries
out other activities on public sidewalks, pedestrian walkways or plazas
pursuant to a City-issued or Authority issued license, permit, or other
authorization;
(7) 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; or
(8)(5) 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
sidewalks, pedestrian walkways, plazas, in or around public restrooms or
transit facilities, that is within the scope and authority of his/her
employment.
(e) It shall be unlawful for any person to cause or permit the depositing of
unattended personal property in the following locations:
(1) upon a public sidewalk or pedestrian walkway, in any public
plaza, or upon or in any other public fixture or furniture 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 or Authority employee or contractor to
accomplish any City or Authority function;
(2) in a public restroom or within ten (10) feet of the entrance or exit
to a public restroom; or
(3) in a transit facility or on public property within twenty (20) feet of
a transit facility.
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(f) The prohibition in Subsection (f)(e) shall not apply if:
(1) the deposited property is a wheeled device designed for the
purpose of transporting a person of any age, which is temporarily stored in
a location designed and designated for such storage;
(2) the fixture is designed, intended and made available to the public
for such use, such as a locker, trash can or recycling bin; or
(3) the person is acting under the authority of a City-issued or
Authority-issued license or permit; or
(4)(3) such personal the deposited property is being moved into or out of
a business or residence with consent of the occupant.
(g) Subsections (f) and (g) (e) shall not apply to a person who:
(1) operates a commercial establishment or vending cart, or carries
out other activities on public sidewalks, pedestrian walkways or plazas
pursuant to a City-issued or Authority issued license, permit, or other
authorization;
(2) 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; or
(3) is acting under the authority of a City-issued or Authority-issued
license or permit; or
(3)(4) 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
sidewalks, pedestrian walkways, plazas, public restrooms or transit
facilities, that is within the scope and authority of his/her employment.
(h) This Section does not permit any conduct that is prohibited by ordinances
of Fort Collins regarding interference with pedestrian or vehicular traffic.
(i) A culpable mental state is not required, and need not be proven, for an
offense under this Section.
(j) Nothing in this Section is intended to modify any restriction regarding
unattended displaysobstructions or encroachments in Article III of Chapter 23 of
the City Code.
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Section 5. The City Council hereby directs the City Manager to report back to the
City Council no later than one year from the effective date of this Ordinance on the impacts of
enacting these new Code provisions, with recommended modifications to the Code, if needed.
Introduced, considered favorably on first reading, and ordered published this 7th day of
March, A.D. 2017, and to be presented for final passage on the 21st day of March, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of March, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk