HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2017 - SECOND READING OF ORDINANCE NO. 100, 2017, AMENDINAgenda Item 24
Item # 24 Page 1
AGENDA ITEM SUMMARY August 15, 2017
City Council
STAFF
Jeff Mihelich, Deputy City Manager
Jody Hurst, Legal
SUBJECT
Second Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of the City of Fort
Collins Regulating Trespass and the Obstruction of a Highway or Passageway.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on July 18, 2017, by a vote of 3-2 (Nays: Overbeck, Stephens,
Absent: Summers, Troxell) amends Section 17-128 of the City Code regarding obstructing a highway or
passageway, including adding restrictions around obstructing public fixtures. A minor change to Section 17-
40(b) of the City Code (Trespass) is also included, which adds lying or “otherwise occupying” to the already
prohibited list of climbing, sitting or standing on or in objects on public or private property not designed for such
use, and adds planters to the list of examples of such objects.
In response to a citizen inquiry and comments received by citizens during the First Reading of the Ordinance,
a Whereas clause has been added clarifying that it is the intent of this Council to ensure this Ordinance
continues to apply to all people, and not just certain segments of the population. In response to questions
regarding sitting on objects, particularly planters, language has been added to Section 17-40(b) to clarify the
extent of the prohibition.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
During First Reading of this Ordinance, City Council requested the following information before Second
Reading:
1. Pictures of planters that are designed for sitting and those that are not
2. Pictures of areas not covered by the 20 feet restriction from entrances
3. A shaded map of areas affected by the 20 feet restriction
4. Rationale for the 20 feet restriction area from entrances
5. Applicability and relevance of Americans with Disabilities Act (ADA) standards to the 20 foot standard
6. Examples from other cities (Cleveland in particular)
Staff’s responses to the requests are as follows:
1-2. The requested pictures will be shown as a part of staff's presentation on this subject, and are included in
the attached PowerPoint for Council's review. (Attachment 3)
3. The requested map highlighting the downtown area is attached for Council's review (Attachment 2) and is
also included in the PowerPoint presentation.
Agenda Item 24
Item # 24 Page 2
4. The restriction on sitting or lying within 20 feet of a business entrance exists in order to preserve
pedestrian traffic flow in what are often very busy areas. Particularly in the downtown core, often at one
time on the same stretch of sidewalk there are deliveries being made with equipment such as dollies,
groups of individuals conversing, possible waiting for a table, and others trying to progress along the
sidewalk in both directions. Police Services suggests that this becomes even more complicated when
persons needing additional space to navigate the sidewalk are involved. Staff believes that these stretches
of sidewalk cannot be used as intended if there are also individuals obstructing the sidewalk in front of a
business entrance.
5. The City’s Engineering references both the Americans with Disabilities Act Accessibility Guidelines
(ADAAG) and the Public Right-of-Way Accessibility Guidelines (PROWAG) in the Pedestrian Needs
Report used when designing and prioritizing sidewalks. PROWAG indicates that the minimum width for an
“accessible route”, or sidewalk, is 48 inches (4 feet). Staff believes the 20 foot standard helps ensure an
accessible route as defined under the PROWAG standards is available, particularly in the downtown area
where congregating groups, window shoppers, and delivery persons could all feasibly be using one stretch
of sidewalk in front of a business entrance. Having individuals occupying the sidewalk in the same area
could render the sidewalk impassable from a PROWAG standpoint.
6. City staff’s research of obstruction-related ordinances in Cleveland, OH did not produce results relevant to
the City of Fort Collins. Cleveland adopted event-zone regulations in preparation for the Republican
National Convention in 2016. The regulations established a 3.3 square mile event zone, which restricted
the use of downtown parks and banned certain activities, such as camping, and banned certain legal
weapons from the zone, including umbrellas with metal tips, glass bottles, large backpacks and bags,
sleeping bags, etc. The regulations were legally challenged and upheld.
Staff also researched other jurisdictions and found that Ashland, Oregon; Seattle, Washington; and
Monterey, California are examples of cities with sidewalk obstruction and business-access related
ordinances. Ashland’s Council approved an ordinance which specifically prohibits intentional obstruction
on a sidewalk, which is defined as leaving less than six feet of clear passage space on a sidewalk. The
ban applies to sitting or lying on a sidewalk six feet from a curb or public structure and ten feet from a
crosswalk. Intentional obstruction is proven by failure to move within five minutes of being warned by a law
enforcement officer.
The City of Seattle passed an ordinance prohibiting people from sitting or lying on public sidewalks
specifically in commercial areas between 7:00 AM and 9:00 PM. The ordinance does not ban sitting or
lying in public parks, plazas, alleys, nor sitting on the sidewalk in non-commercial areas in the city.
Similarly to Ashland, citations do not occur unless individuals fail to comply with a warning from a member
of law enforcement.
Monterey’s Council approved an ordinance with restrictions on sidewalk obstructions in commercial areas
downtown between 7:00 AM and 9:00 PM as well, with some exceptions for medical emergencies, mobility
devices, participation in a public festival or parade, etc. The ordinance does not apply to city parks or
beaches.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (PDF)
2. Downtown map showing 20-foot buffers (PDF)
3. Powerpoint presentation (PDF)
Agenda Item 21
Item # 21 Page 1
AGENDA ITEM SUMMARY July 18, 2017
City Council
STAFF
Jeff Mihelich, Deputy City Manager
SUBJECT
First Reading of Ordinance No. 100, 2017, Amending Portions of Chapter 17 of the Code of the City of Fort
Collins Regulating Trespass and the Obstruction of a Highway or Passageway.
EXECUTIVE SUMMARY
The purpose of this item is to consider changes to Section 17-128 of the City Code regarding obstructing a
highway or passageway, including adding restrictions around obstructing public fixtures. A minor change to
Section 17-40(b) of the City Code (Trespass) is also included, which adds lying or “otherwise occupying” to the
already prohibited list of climbing, sitting or standing on or in objects on public or private property not designed
for such use, and adds planters to the list of examples of such objects.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Over the past several summers, Fort Collins has experienced an increase in disruptive behaviors around the
city, causing 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, securing reserved jail space for municipal offenders sentenced to jail, passage of
an Appropriate Use of Public Spaces Ordinance that focused on access to transit facilities and restrooms, and
funding Police Services overtime to increase presence downtown.
Past discussions at City Council meetings have included possible options to keep downtown welcoming and
easily accessible to all residents and visitors by mitigating unwanted and disruptive behaviors. At the March 7,
2017 Council Meeting discussing the Appropriate Use of Public Space Ordinance, City Council modified the
proposed ordinance to not include language related to restricting sitting and lying on sidewalks during certain
hours of the day. Citing multiple public outreach meetings with both business and residents where staff had
presented this idea and public comment that evening, Council instructed staff to instead pursue changes in the
obstructing a passageway ordinance to narrowly expand the definition of obstruction to include blocking
access to places people frequently are accessing.
Staff presented a broad framework for this at the May 23 Work Session by indicating a plan to amend the
ordinance by addressing access to “public facilities.” Council expressed general support for moving forward
with this idea.
In order to address Council’s direction and to positively affect pedestrian movement around town while
mitigating disruptive behavior that is not conducive to a welcoming environment, staff is recommending the
following changes to the Obstruction ordinance:
1. Add a provision prohibiting blocking passage to “public fixtures”, which include pedestrian crosswalk
buttons, benches, and water fountains, among other things.
ATTACHMENT 1
Agenda Item 21
Item # 21 Page 2
2. Make minor adjustment in the existing trespass ordinance to make it illegal to lie on or otherwise
occupy objects not designed for such use, where climbing, sitting and standing are currently the only
explicit prohibitions, and adding planters to the existing list of examples of such objects.
These changes are anticipated to keep access to public facilities open and allow for the intended use of that
infrastructure. Additionally, the City’s investment in flowerbeds downtown would also be protected by the
amendment to the Trespass ordinance.
CITY FINANCIAL IMPACTS
This item is not expected to incur costs beyond existing budgets
PUBLIC OUTREACH
Staff is relying on the public outreach which was conducted as a part of the Appropriate Use of Public Spaces
Ordinance to inform recommendations and public insights on this ordinance.
As a part of the Appropriate Use of Public Spaces process, staff conducted outreach sessions with the
Downtown Business Association, the Downtown Development Authority, and the Chamber of Commerce’s
Local Legislative Advisory Committee. In conjunction with business outreach, general citizen outreach was
conducted at a coffee talk and a community meeting which were held on February 15 and February 22,
respectively.
ATTACHMENTS
1. Work Session Summary, May 23, 2017 (PDF)
2. Powerpoint presentation (PDF)
ATTACHMENT 2
Amending the Obstruction and Trespass
Ordinances – Second Reading
August 15, 2017
ATTACHMENT 3
October 11th
Work Session:
• Discussed need for potential new
ordinances
March 7th Council Meeting:
• Considered Appropriate Use of Public
Spaces
• Staff instructed to bring Obstruction changes
back
May 23rd Work Session:
• Generally supportive of staff framework for
modifications
July 17 – 1st Reading:
• Council passed ordinance, requesting
additional pictures, maps, and information
2
Background
Obstruction and Trespass Modifications
3
WHAT
• Add restrictions for obstructing access to
public fixtures (benches, water fountains,
etc.)
• Prohibit lying on or occupying flowerbeds and
planters
4
Examples - Planters
5
Examples
6
Items for Consideration
Obstruction Ordinance
• Add prohibition of blocking passage to “public fixtures”
• Includes pedestrian crossing buttons, water fountains, and benches
Trespass Ordinance
• Minor amendment to make it illegal to lie on or otherwise occupy
objects not designed for sitting or lying (e.g., flowerbeds, planters)
• Currently only climbing, sitting, and standing are prohibited
Staff recommends approval of both amendments on 2nd reading
7
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ORDINANCE NO. 100, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING PORTIONS OF CHAPTER 17 OF THE CODE OF THE
CITY OF FORT COLLINS REGULATING TRESPASS AND THE
OBSTRUCTION OF A HIGHWAY OR PASSAGEWAY
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 highways; and
WHEREAS, the City currently has a Code provision regulating obstruction of a highway
and passageway; and
WHEREAS, earlier this year, City Council asked staff to propose improvements to the
obstruction ordinance in order to facilitate enforcement of such ordinance; and
WHEREAS, City staff recommends modifying the existing provision to prohibit
obstructing not only sidewalks and highways, but also obstructing access to public fixtures, such
as benches, pedestrian signal buttons, trash cans, and water fountains; and
WHEREAS, the current trespass ordinance regulates sitting or standing on public certain
objects, such as sculptures or statues, but City Council believes lying on or otherwise occupying
such objects should also be regulated; and
WHEREAS, in recent years there has been an increase in complaints from businesses and
individuals about persons obstructing walkways near businesses; and
WHEREAS, persons obstructing walkways cause unreasonable harm and inconvenience
to pedestrians and persons utilizing wheelchairs or with other mobility issues; and
WHEREAS, because City Council’s concern is about the mobility of persons near
businesses and not who is causing the obstruction, the intent of the City Council is for this
Ordinance to apply to all people violating the Ordinance, and not certain segments of the
population; and
WHEREAS, the City Council finds that the City has a compelling interest in encouraging
and preserving a vital, pedestrian-friendly City; and
WHEREAS, the City Council finds that it is beneficial to encourage pedestrian-friendly
and shared walkways; and
WHEREAS, when persons misuse walkways it makes those facilities unavailable to
others who want or need to use them; and
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WHEREAS, the City Council believes it is necessary to regulate the appropriate use of
walkways and public fixtures 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 Section 17-128 of the Code of the City of Fort Collins is hereby
amended to read in its entirety as follows:
Sec. 17-128. Obstructing a highway or passageway.
(a) The following words, terms and phrases, when used in this Section, shall have the
meanings ascribed to them in this Subsection:
Business hours shall mean the time the business is open, plus an hour before
opening and an hour after closing. The hours may be posted on the business itself
or on its website, or if the hours are not posted, between the hours of 8 a.m. and 6
p.m.
Entrance shall mean the frame of any door for use by the public or by employees
to access the building.
Unreasonably inconvenient or hazardous shall mean potentially causing danger,
trouble, difficulty, or frustration to the ordinary person.
(b) No person acting without legal privilege shall:
(1) Obstruct a highway, street, sidewalk, railway, waterway, building
entrance, elevator, aisle, stairway, hallway or any other public place for
the passage of persons, vehicles or conveyances to which the public or a
substantial group of the public has access, or obstruct pedestrian access to
fixtures intended for use by the public, including but not limited to,
benches, pedestrian signal buttons, trash cans, and water fountains,
whether the obstruction arises from that person’s acts alone or from that
person’s acts and the acts of others; or
(2) Disobey a reasonable request or order to move issued by one whom the
person knows to be a peace officer, a firefighter, or a person with
authority to control the use of the premises, to prevent obstruction of a
highway or passageway or to maintain public safety by those gathered in
dangerous proximity to a fire, riot or other hazard.
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(c) For purposes of this Section, the term obstruct shall mean to render impassable or
to render passage unreasonably inconvenient or hazardous. The term unreasonably
inconvenient or hazardous as defined in Subsection (a) shall include, but not be limited
to, sitting, kneeling, or lying within twenty (20) feet of the entrance to any business
establishment during the business hours of that establishment, whether or not a particular
person’s passageway has, in fact, been impeded.
(d) The foregoing prohibitions against sitting, kneeling, or lying within twenty (20)
feet of the entrance to a business establishment during business hours shall not apply to
any person who is:
(1) As a result of a disability, utilizing a wheelchair, walker or similar device
to move about the public sidewalk;
(2) Sitting or lying down due a medical emergency;
(3) Participating in or attending a parade, festival, performance, rally,
demonstration, meeting or similar event conducted pursuant to a street
use or other applicable permit;
(4) Sitting on a public sidewalk within a bus stop zone while waiting for
public or private transportation.;
(5) Sitting on a chair supplied by the City or the Downtown Development
Authority for use in the occupied location;
(6) Age 13 or under;
(7) Operating a commercial establishment or vending cart, or carrying out
other activities pursuant to a license, permit, or other authorization; or
(8) An employee or agent of the City or Downtown Development Authority,
acting within the scope of his or her employment.
Section 3. That Section 17-40 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-40. Trespass; trespass on railroad property.
…
(b) No person shall climb, sit, lie, stand upon, or otherwise occupy, any sculpture,
statue, planter, or other object situated on public or private property, without the
express consent of the owner thereof, unless and to the extent such object is designed,
intended and made available to the general public for such use.
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…
Introduced, considered favorably on first reading, and ordered published this 18th day of
July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on this 15th day of August, A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk