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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/16/2018 - FIRST READING OF ORDINANCE NO. 015, 2018, MAKING AAgenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY January 16, 2018 City Council WITHDRAWN FROM CONSIDERATION STAFF Rick Bachand, Environmental Program Manager Cyril Vidergar, Legal SUBJECT First Reading of Ordinance No. 015, 2018, Making Amendments to Chapter 23 of the Code of the City of Fort Collins Relating to Natural Area and Parks Permits, Slack Lining, Structures and Amateur Drone Operation in Natural Areas and City Parks. EXECUTIVE SUMMARY The purpose of this item is to update a number of provisions within Chapter 23, Articles IX (Natural Areas) and X (Parks) of the City Code. The Code changes are intended to more accurately reflect administrative responsibilities regarding permits, clarify various provisions, and provide additional consistency in provisions regulating activities in Natural Areas and Parks as stated in the City Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION City Code Articles IX and X of Chapter 23 (Public Property) establish prohibitions and outlines the special use permit systems for natural areas and parks, trails and recreation areas. The recommended Code changes will ensure consistency between the Natural Areas and Parks Departments where similar or overlapping regulations are present. Various recreation activities have become more popular, such as slack lining and amateur drone operation. These updated provisions clarify that these activities are subject to regulation by the City in Parks and Natural Areas under the administration of the respective Department Director. The proposed Code changes will:  Transfer authority to issue special permits from the Service Area Director to the Natural Areas and Parks Directors;  Update the name of the “Colorado Division of Wildlife” to its current name “Colorado Parks and Wildlife Division”;  Clarify that ropes, slack lines or other equipment may not be used in Natural Areas or Parks unless otherwise permitted; o Wikipedia describes Slacklining as “the act of walking or balancing along a suspended length of flat webbing that is tensioned between two anchors. Slacklining is similar to slack rope walking and tightrope walking”. Agenda Item 14 Item # 14 Page 2  Expand Section 23-193(d) and 23-203(d) to include adding the restriction of: (1) launching or landing “drones” (in addition to other types of aircraft) within or over natural areas and parks without permission; and, (2) lowering the minimum altitude below which a drone or other type of aircraft (as defined in the section) cannot be flown over a natural area or park (from a minimum of no lower than 500 feet, to a minimum of no lower than "200 feet" above ground level) to reflect current policy and feedback provided by the Federal Aviation Administration (FAA).  Clarify that tents (with the exception of a temporary shadecloth or sunshelter which may be erected during daylight hours in areas open for recreational use) are considered a “structure” that may not be erected without permission. CITY FINANCIAL IMPACTS No financial impacted is expected with the recommended Code changes. BOARD / COMMISSION RECOMMENDATION At its May 10, 2017 meeting, the Land Conservation and Stewardship Board voted 8-1 to recommend approval of the changes to Chapter 23, Article IX of City Code as proposed. The dissenting vote was concerned that the language as written would prohibit “green burials”. A “green burial” is the burial of ashes or full interments that have the body prepared by either the use of all natural substances or no substances at all. The body can be buried in a shroud or a casket made of all natural materials. There is no vault required. The member believed that green burial may be an appropriate activity within the natural area system. PUBLIC OUTREACH Public outreach was not conducted as the recommended Code changes largely reflect administrative changes and updates. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, May 10, 2017 (PDF) Land Conservation & Stewardship Board May 10, 2017 ATTACHMENT 1 -1- ORDINANCE NO. 015, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AMENDMENTS TO CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO NATURAL AREA AND PARKS PERMITS, SLACK LINING, STRUCTURES AND AMATEUR DRONE OPERATION IN NATURAL AREAS AND CITY PARKS WHEREAS, Articles IX and X of Chapter 23 of the City Code (the “Code”) regulate behavior on City natural areas and recreation area properties, including parks and trails; and WHEREAS, the City is responsible for managing its public lands, including natural areas and recreation areas, in a manner that protects the natural features and functions for which the sites were acquired; and WHEREAS, the City desires to manage human use of natural areas and recreation areas so that visitor enjoyment, safety, wildlife, habitat, and the areas themselves are appropriately protected; and WHEREAS, Chapter 23, Articles IX and X of the Code establish and outline the special use permit system applicable to certain activities in natural areas and recreation areas; and WHEREAS, staff has identified formatting and substantive updates to Chapter 23 of the Code necessary to improve the clarity with which the special use permit process and regulations of certain activities on and over public lands are stated, as well as their currency; and WHEREAS, staff recommends that City Council amend Chapter 23 of the Code to reflect current administration responsibilities, clarify various provisions, increase review time necessary to process special use permits, and to harmonize Natural Areas and Parks Department operations on similar or overlapping lands; and WHEREAS, staff further recommends to the City Council that amendments to Chapter 23 of the Code described herein are necessary to serve and maintain the public health, safety and welfare of the Natural Areas, Parks and the users and habitat assets of public lands in the City; and WHEREAS, the City Council wishes to amend various provisions of Chapter 23, Articles IX and X in order to update language describing administrative responsibilities, harmonize management of public lands, and state the authority of City Natural Area and Parks rangers, consistent with current City practices. 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. -2- Section 2. That Section 23-192 of the Code of the City of Fort Collins is hereby amended to read as follows: . . . Department shall mean the City of Fort Collins Natural Areas Department. . . . Director shall mean the Director of Community Services of the City of Fort Collins Natural Areas Department. . . . Service Unit shall mean Community Services of the City. . . . Section 3. That Section 23-193 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-193 - Prohibited acts, permits. (a) It shall be unlawful to: . . . (12) Fish in a natural area without a valid license as required by the Colorado Division of Wildlife Parks and Wildlife Division, or in violation of any requirements of the Colorado Division of Wildlife Parks and Wildlife Division, or possess a fish taken in violation thereof. . . . (b) Unless a sign has been posted by the Service Unitdepartment that the particular natural area or a portion thereof is open for such use, it shall be unlawful to: . . . (5) Affix ropes, slack lines, or other attachments to trees, or cClimb rocks or boulders with or without ropes, fixtures or other apparatus. . . . -3- (c) It shall be unlawful to engage in any activity within or upon a natural area when a sign has been posted by the Service Unitdepartment that the particular area or a portion of the area is closed for such use, based upon a determination by the Service Unitdepartment that such prohibition is appropriate to protect the safety or well-being of persons or animals; the natural area, related facilities or any other City property or facility; the use and enjoyment of said areas or facilities by the general public; the needs and objectives of the City in maintaining and operating the same; and/or the natural environment in general. (d) Except as authorized by a permit obtained for such use from the Service Areadepartment, it shall be unlawful to: (1) Enter a natural area during the hours of 11:00 p.m. to 5:00 a.m., except: a. As otherwise permitted by a sign posted by the Service Unitdepartment opening or closing the particular area or a portion of the area for public use for a specified time or during specified hours; or . . . (3) Land or launch in a natural area, or fly lower than fivetwo hundred (5200) feet above a natural area, any type of aircraft, including unmanned aircraft systems (UAS) or drones, hot air balloons and hang gliders, except within takeoff or landing airways of a commercial airport or in the event of emergencies situationsan emergency. . . . (8) Construct or erect a structure, tent, or shelter, for any duration of time, in a natural area, with the exception of a temporary shadecloth or sunshelter which may be erected during daylight hours in areas open for recreational use. . . . (17) Deposit or scatter in a natural area any cremated remains of any human or animal origin on or within a natural area. . . . (e) Research or public safety related training activities involving any of the activities prohibited in this Article, including without limitation the training of search and rescue dogs off-leash, may be authorized by the Service Unitdepartment by permit in accordance with the procedures and standards set forth in § 23-194. Section 4. That Section 23-194 of the Code of the City of Fort Collins is hereby amended to read as follows: -4- Sec. 23-194 - Natural areas permit process. (a) Any person or organization seeking a permit for the purposes set forth in this Article shall apply for a natural area permit by filing a verified application with the Service Unitdepartment on a form supplied by the Service Unitdepartment, except that permit applications for which a routine permit process has been established by the Director under § 23-195 below shall be governed by and processed in accordance with the routine permit process. A fully completed application must be filed with the Director not less than seven (7) business days nor more than ninety (90) business days before the date on which a permitted activity is to commence; provided, however, that the Service Unitdepartment may accept and process an application that is filed after the filing deadline if, in the judgment of the Director, there are sufficient time and sufficient resources for the Service Unitdepartment to process and investigate the application and make any preparations necessary for the activity. . . . Section 5. That the definition “Director” contained in Section 23-202 of the Code of the City of Fort Collins is hereby amended to read as follows: Director shall mean the Director of Community Services the City of Fort Collins Parks Department. Section 6. That Section 23-203 of the Code of the City of Fort Collins is hereby amended to read as follows: . . . Department shall mean the City of Fort Collins Parks Department. . . . Service Unit shall mean Community Services. . . . Section 7. That Section 23-203 of the Code of the City of Fort Collins is hereby amended to read as follows: Section 23-203 - Prohibited acts; permits. (a) It shall be unlawful to: . . . -5- (9) Fish in a recreation area without a valid license as required by the Colorado Division of Wildlife Parks and Wildlife Division, or in violation of any requirements of the Colorado Division of Wildlife Parks and Wildlife Division, or possess a fish taken in violation thereof. . . . (b) Unless a sign has been posted by the Service Unitdepartment that the particular recreation area or a portion thereof is open for such use, it shall be unlawful to: . . . (c) No person shall engage in any conduct or activity within or upon a recreation area when a sign has been posted by the Service Unitdepartment that such conduct or activity is not allowed in the recreation area or a portion of the area, based on a determination by the Service Unitdepartment that such prohibition is appropriate to protect the safety or well-being of persons, or animals, or to protect or preserve the recreation area and related facilities, or any other City property or facility, the use and enjoyment of the same by the general public, or the needs and objectives of the City in maintaining and operating the same. (d) Except as authorized by a permit obtained for such use from the Service Unitdepartment, it shall be unlawful to: . . . (3) Land or launch in a recreation area, or fly lower than fivetwo hundred (5200) feet above a recreation area, any type of aircraft, including unmanned aircraft systems (UAS) or drones, hot air balloons and hang gliders, except within takeoff or landing airways of a commercial airport or in the event of an emergency situations. . . . (7) Construct or erect a structure, tent or shelter, for any duration of time, in a recreation area, with the exception of a temporary shadecloth or sunshelter which may be erected during daylight hours in areas open for recreational use. . . . (e) Research or public safety related training activities involving any of the activities prohibited in this Article, including without limitation the training of search and rescue dogs off- leash, may be authorized by the Service Unitdepartment by permit in accordance with the procedures and standards set forth in § 23-204. Section 8. That Section 23-204 of the Code of the City of Fort Collins is hereby amended to read as follows: -6- Sec. 23-204. - Recreation area permit process. (a) Any person or organization seeking a permit for the purposes set forth in this Article shall apply for a recreation area permit by filing a verified application with the Service Unitdepartment on a form supplied by the Service Unitdepartment. An application must be submitted and completed not less than ten (10) business days before the date on which a permitted activity is to commence; provided, however, that the Service Unitdepartment may accept and process an application that is filed after the filing deadline if, in the judgment of the Director, there are sufficient time and sufficient resources to process and investigate the application and make any preparations necessary for the activity. . . . Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2018, and to be presented for final passage on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk