HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/03/2018 - ITEMS RELATING TO AMENDING CITY CODE, CHAPTER 17 -Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY July 3, 2018
City Council
STAFF
Sara Lynd, Police Sergeant
Joe Olson, City Traffic Engineer
Jeremy Yonce, Police Lieutenant
Bronwyn Scurlock, Legal
SUBJECT
Items Relating to Amending City Code, Chapter 17 - Miscellaneous Offenses.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 083, 2018, Amending Articles III, IV, VI, and VII of Chapter 17 of the
Code of the City of Fort Collins Pertaining to Trespass, Theft, Littering, Criminal Mischief, Resisting Arrest,
Throwing of Missiles, and Disorderly Conduct.
B. Second Reading of Ordinance No. 084, 2018, Amending Article VII of Chapter 17 of the Code of the City
of Fort Collins Pertaining to Staying on Medians.
C. Second Reading of Ordinance No. 085, 2018, Amending Article VII of Chapter 17 of the Code of the City
of Fort Collins Pertaining to Panhandling.
Ordinance No. 083, 2018, amends certain Sections of Chapter 17 regarding trespass, theft, littering, criminal
mischief, resisting arrest, throwing of missiles, and disorderly conduct to be consistent with state statutes.
Ordinance No. 084, 2018, amends Section 17-122 to make that section more specific to prohibit staying on
medians in locations where safety issues arise given median width, traffic volumes, and/or traffic speed.
Ordinance No. 085, 2018, eliminates Section 17-127 in its entirety pertaining to panhandling. These
Ordinance were unanimously adopted on First Reading on June 19, 2018.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, June 19, 2018 (w/o attachments) (PDF)
2. Ordinance No. 083, 2018 (PDF)
3. Ordinance No. 084, 2018 (PDF)
4. Ordinance No. 085, 2018 (PDF)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY June 19, 2018
City Council
STAFF
Sara Lynd, Police Sergeant
Joe Olson, City Traffic Engineer
Jeremy Yonce, Police Lieutenant
Bronwyn Scurlock, Legal
SUBJECT
Items Relating to Amending City Code, Chapter 17 - Miscellaneous Offenses.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 083, 2018, Amending Articles III, IV, VI, and VII of Chapter 17 of the Code
of the City of Fort Collins Pertaining to Trespass, Theft, Littering, Criminal Mischief, Resisting Arrest,
Throwing of Missiles, and Disorderly Conduct.
B. First Reading of Ordinance No. 084, 2018, Amending Article VII of Chapter 17 of the Code of the City of Fort
Collins Pertaining to Staying on Medians.
C. First Reading of Ordinance No. 085, 2018, Amending Article VII of Chapter 17 of the Code of the City of Fort
Collins Pertaining to Panhandling.
The purpose of this item is to amend certain Sections of Chapter 17 regarding trespass, theft, littering, criminal
mischief, resisting arrest, throwing of missiles, and disorderly conduct to be consistent with state statutes; to
amend Section 17-122 to make that section more specific to prohibit staying on medians in locations where
safety issues arise given median width, traffic volumes, and/or traffic speed; and to eliminate Section 17-127 in
its entirety pertaining to panhandling.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Ordinance No. 083, 2018, Amending Articles III, IV, VI, and VII of Chapter 17 of the Code of the City of
Fort Collins Pertaining to Trespass, Theft, Littering, Criminal Mischief, Resisting Arrest, Throwing of
Missiles and Disorderly Conduct.
The Colorado General Assembly has amended the state statues regarding trespass, theft, littering, criminal
mischief, resisting arrest, throwing of missiles, and disorderly conduct. This Ordinance will bring our Code
sections pertaining to these offenses in line with the state statutes.
Ordinance No. 084, 2018, Amending Article VII of Chapter 17 of the Code of the City of Fort Collins
Pertaining to Staying on Medians.
The “Staying on medians prohibited” in City Code Section 17-122 was added in 2011 to address safety concerns
around pedestrians loitering in close proximity to vehicle travel lanes and in locations (medians) where
ATTACHMENT 1
Agenda Item 13
Item # 13 Page 2
pedestrians may not be expected (as opposed to along roadside edges). The current ordinance prohibits staying
on medians less than thirty (30) feet wide for longer than is reasonably necessary to cross the street.
In the past year, staff has been reviewing this section of the Code and is recommending that the language be
tailored to address median locations where staff has identified that serious safety concerns exist for pedestrians
based on median width, vehicular speed and/or volume of traffic. The proposed changes prohibit staying on
medians that are:
less than 8 feet wide, or;
less than 18 feet wide and adjacent street vehicular volumes exceed 15,000 vehicles/day, or;
less than 18 feet wide and adjacent street speed limit is 35 mph or more.
A map with all prohibited median locations will be available on-line to put the public on notice of the prohibited
locations, and to ensure Fort Collins Police Services can properly enforce such locations.
Ordinance No. 085, 2018, Amending Article VII of Chapter 17 of the Code of the City of Fort Collins
Pertaining to Panhandling.
On February 10, 2015, five individual plaintiffs and Greenpeace, Inc. filed in Colorado Federal District Court a
class-action lawsuit against the City. On February 27, 2015, City Council repealed seven specific time, place,
and manner panhandling restrictions in City Code Section 17-127. Four panhandling restrictions remain in the
City Code, and cover unlawful behaviors including disorderly conduct, harassment, disturbing the peace,
obstruction of a passageway and assault. These criminal behaviors are already specifically addressed in
Chapter 17 as follows: Section 17-124 (Disorderly Conduct), Section 17-126 (Harassment), Section 17-121
(Disturbing the Peace), Section 17-128 (Obstructing a Highway or Passageway), and Section 17-21 (Assault).
This duplication causes unnecessary confusion among officers, and therefore, Fort Collins Police Services
recommends eliminating the misdemeanor crime of panhandling in its entirety.
ATTACHMENTS
1. Justification for Medians Selected (PDF)
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ORDINANCE NO. 083, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLES III, IV, VI, AND VII OF CHAPTER 17 OF THE
CODE OF THE CITY OF FORT COLLINS PERTAINING TO TRESPASS,
THEFT, LITTERING, CRIMINAL MISCHIEF, RESISTING ARREST,
THROWING OF MISSILES AND DISORDERLY CONDUCT
WHEREAS, the Colorado General Assembly has amended the state statutes regarding
trespass, theft, littering, criminal mischief, resisting arrest, throwing of missiles, and disorderly
conduct; and
WHEREAS, Fort Collins Police Services recommends amending City Code provisions
regarding these offenses to conform with state law; and
WHEREAS, the City Council finds it is in the best interests of the City to approve the
changes to the City Code that have been recommended by Fort Collins Police Services.
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 17-1 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-1. Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
Enter or remain unlawfully shall mean:
(1) To enter or remain in or upon privately owned property when not licensed,
invited, privileged or otherwise authorized to do so;
(2) To enter or remain in or upon publicly owned property that is not open to
the public;
(3) To fail to leave property, whether privately or publicly owned, after being
directed to do so by a person lawfully in control of the property; or
(4) To conduct oneself in a public place in violation of any rule or regulation
issued by any officer or agency having the power of control, management, or
supervision thereof, which limits or prohibits the use, activities or conduct in such
public place, provided that the rule or regulation is: (i) prominently posted at all
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public entrances to the property; (ii) posted in such a way as to be clearly visible
from the site of the infraction; or (iii) actually known to the offender.
. . .
Litter shall mean all rubbish, waste material, refuse, garbage, trash, debris, or other
foreign substances, solid or liquid, of every form, size, kind, and description.
. . .
Section 3. That Section 17-36 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-36. Theft.
No person shall knowingly obtain, retain, or exercise control over anything of value of
less than one thousand dollars ($1,000.) of another without authorization or by threat or
deception when such person:
(1) Intends to deprive the other person permanently of the use or benefit of the
thing of value; or
(2) Knowingly uses, conceals or abandons the thing of value in such manner
as to deprive the other person permanently of its use or benefit; or
(3) Uses, conceals or abandons the thing of value intending that such use,
concealment or abandonment will deprive the other person permanently of its use
or benefit; or
(4) Demands any consideration to which he or she is not legally entitled as a
condition of restoring the thing of value to the other person; or
(5) Knowingly retains the thing of value more than seventy-two hours after
the agreed-upon time of return in any lease or hire agreement.
Section 4. That Section 17-37 of the Code of the City of Fort Collins is hereby
deleted in its entirety and this Section number shall become reserved.
Section 5. That Section 17-39 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-39. Criminal mischief.
No person shall knowingly injure, damage or destroy the real or personal property of one
(1) or more other persons, including property owned by the person jointly with another
person or property owned by the person in which another person has a possessory or
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proprietary interest, in the course of a single criminal episode where the aggregate
damage to the real or personal property is less than one thousand dollars ($1,000.).
Section 6. That Section 17-41 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-41. Littering.
(a) No person shall throw, deposit, scatter or leave any litter upon any sidewalk,
alley, street or other public place, in any waters, or on any private property, nor shall any
person owning or occupying any lot or ground allow or permit any litter to be blown or
scattered by the wind or otherwise to remain upon such lot or grounds.
(b) For the purposes of this Section, the distribution of advertising circulars or
handbills in such manner so that they are securely placed or deposited upon real property
so as to prevent the same from being blown or scattered by the wind does not constitute
littering.
(c) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle
in violation of this section, the operator of said motor vehicle is presumed to have caused
or permitted the litter to be so thrown, deposited, dropped, or dumped therefrom.
Section 7. That Section 17-64 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-64. - Resisting arrest.
(a) No person shall prevent or attempt to prevent a peace officer, acting under color
of official authority, from effecting an arrest of any person by:
(1) Using or threatening to use physical force or violence against the peace
officer or another; or
(2) Using any other means which creates substantial risk of causing bodily
injury to the peace officer or another.
(b) A peace officer is acting under color of official authority when, in the course of
his or her duties, the peace officer is called upon to make or does in fact make a good
faith judgment based on surrounding facts and circumstances that an arrest should be
made. It is no defense to a prosecution under this Section that the arrest was unlawful if
the peace officer was acting under color of official authority and did not use unreasonable
or excessive force in effecting the arrest. A peace officer acts “under color of official
authority” when, in the regular course of assigned duties, such officer is called upon to
make, and does make, a judgment in good faith based upon facts and circumstances that
an arrest should be made.
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(c) The term “peace officer” as used in this Section means a peace officer in uniform
or, if out of uniform, one who has identified himself or herself by exhibiting credentials
as such peace officer to the person who arrest is attempted.
Section 8. That Section 17-102 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-102. - Throwing of missiles.
(a) No person shall throw any stones, snowballs or missiles upon or at any vehicle,
building or other public or private property or upon or at any person in any public place.
(b) As used in this section, missile means any object or substance.
Section 9. That Section 17-124 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-124. - Disorderly conduct.
It is unlawful for any person to intentionally, knowingly or recklessly:
(1) Make a coarse and obviously offensive utterance, gesture or display in a
public place when such utterance, gesture or display tends to incite an immediate
breach of the peace; or
(2) Fight with another in a public place except in an amateur or professional
contest of athletic skill; or
(3) Not being a peace officer, display a deadly weapon in a public place in a
manner calculated to alarm.; or
(4) Make unreasonable noise in a public place or near a private residence that
such person has no right to occupy; or
(5) Not being a peace officer, discharges a firearm in a public place except
when engaged in lawful target practice or hunting or the ritual discharge of blank
ammunition cartridges as an attendee at a funeral for a deceased person who was a
veteran of the armed forces of the United states; or
(6) An offense under subsection (1) or (4) of this section is a petty offense;
except that, if the offense is committed with intent to disrupt, impair, or interfere
with a funeral, or with intent to cause severe emotional distress to a person
attending a funeral, it is a misdemeanor.
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Introduced, considered favorably on first reading, and ordered published this 19th day of
June, A.D. 2018, and to be presented for final passage on the 3rd day of July, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of July, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 084, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE VII OF CHAPTER 17 OF THE CODE OF THE
CITY OF FORT COLLINS PERTAINING TO STAYING ON MEDIANS
WHEREAS, in 2011, Fort Collins Police Services encountered persons occupying the
medians within the City for extended periods of time and were concerned with the safety risks to
pedestrians and motorists; and
WHEREAS, to address those safety concerns, Fort Collins Police Services brought
forward, and City Council adopted Ordinance No. 117, 2011, that added a new Section to Article
VII of Chapter 17 of the Code of the City of Fort Collins prohibiting persons from standing on
medians less than 30 feet wide for longer than reasonably necessary to cross the street; and
WHEREAS, staff has now reviewed the 30-foot width provision in order to craft more
narrowly tailored language using specific criteria not only including median width, but also
vehicular speed and/or volume of traffic; and
WHEREAS, staff has proposed amending the Code to prohibit persons from standing on
medians at locations where such medians are less than eight feet wide, or less than 18 feet wide
with adjacent street vehicular volume exceeding 15,000 vehicles a day, or less than 18 feet wide
with adjacent street speed limit that is 35 miles per hour or more; and
WHEREAS, such criteria have enabled staff to identify the medians within the City that
pose the greatest safety concern to both pedestrians and motorists when persons are standing on
such medians longer than reasonably necessary to cross the street; and
WHEREAS, the City Council believes that it would be in the best interests of the City to
approve such changes to the City Code.
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 17-122 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-122. - Staying on medians prohibited.
(a) No person shall stand or be upon a median of any street for longer than is reasonably
necessary to cross the street.
(b) For the purposes of this Section, median shall mean:
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(1) The area of a street, generally in the middle, that separates traffic traveling in
one direction from traffic traveling in another direction, or that, at intersections,
separates traffic turning left from traffic proceeding straight. Such an area is
physically defined by curbing, landscaping or other physical obstacles to the area's
use by motor vehicles, or by traffic control markings that prohibit use of a portion
of the pavement of a street by motor vehicles other than to drive generally
perpendicularly across the markings, or to wait there awaiting the opportunity to
cross or merge with the opposing lanes of traffic (also known as painted medians,
that are wider than a double yellow line); or
(2) The area of a street at an intersection between the streets and a right turn only
lane, roughly triangular in shape, and separated from the motor vehicular traffic
lanes by curbing, landscaping or other physical obstacles to the area's use by motor
vehicles (also known as a right turn island).
(c) This Section shall only apply to:
(1) medians eight (8) feet wide or less, regardless of the volume of traffic
around such median;
(2) medians eighteen (18) feet wide or less where the average volume of traffic
around such median in either direction is greater than fifteen thousand (15,000)
vehicles per day as measured by the Traffic Engineer; or
(3) medians eighteen (18) feet wide or less where the speed limit around such
median in either direction is thirty-five (35) miles per hour or greater, regardless of
the volume of traffic around such median.
(d) This Section does not apply to persons maintaining or working on the median for
either a public entity that owns the underlying right-of-way or for a public utility.
(e) A map of identified medians posted by the Traffic Engineer on the City’s website
shall constitute prima facie evidence that Subsection (c) applies to that median.
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Introduced, considered favorably on first reading, and ordered published this 19th day of
June, A.D. 2018, and to be presented for final passage on the 3rd day of July, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of July, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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ORDINANCE NO. 085, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE VII OF CHAPTER 17 OF THE CODE OF THE
CITY OF FORT COLLINS PERTAINING TO PANHANDLING
WHEREAS, in 1995, the City Council adopted Ordinance No. 070, 1995, adding Section
17-127 to the City Code to impose reasonable time, place and manner restrictions on certain
aggressive panhandling conduct that was then occurring and has continued to occur within the
City; and
WHEREAS, on February 10, 2015, five individual plaintiffs and Greenpeace, Inc. (the
“Plaintiffs”) filed in Colorado Federal District Court a class-action lawsuit against the City (the
“Lawsuit”); and
WHEREAS, the Plaintiffs challenged in the Lawsuit the constitutionality of seven specific
time, place and manner panhandling restrictions in City Code Section 17-127, and asked the Court
to preliminarily and permanently enjoin the City’s enforcement of these challenged provisions (the
“Challenged Provisions”); and
WHEREAS, on February 27, 2015, City Council repealed the Challenged Provisions; and
WHEREAS, the Plaintiffs did not, however, challenge the constitutionality of the four
other time, place and manner panhandling restrictions in City Code Section 17-127, as currently
found in subsections (b)(1), (b)(2), (b)(3) and (b)(4); and
WHEREAS, the four remaining panhandling restrictions in City Code Section 17-127
cover unlawful behaviors that are already identified as specific crimes in Chapter 17, including
disorderly conduct (17-124), harassment (17-126), disturbing the peace (17-121), obstruction of a
passageway (17-128) and assault (17-21); and
WHEREAS, these overlapping provisions addressing the same criminal behaviors cause
confusion among Fort Collins Police Services officers when determining which provision to cite
on a criminal citation; and
WHEREAS, because of this overlap and confusion, Fort Collins Police Services
recommends eliminating the four remaining panhandling restrictions in (b)(1), (b)(2), (b)(3) and
(b)(4), and the City Council believes that it would be in the best interests of the City to approve
such changes to the City Code.
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 Section 17-127 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Introduced, considered favorably on first reading, and ordered published this 19th day of
June, A.D. 2018, and to be presented for final passage on the 3rd day of July, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of July, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk