HomeMy WebLinkAboutMemo - Mail Packet - 11/3/2015 - Memorandum From Tyler Marr Re: Proposed Changes To The Camping Code ProvisionsDRAFT FOR DISCUSSION – FURTHER LEGAL REVIEW PENDING
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ORDINANCE NO. ___, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY
OF FORT COLLINS PERTAINING TO CAMPING ON PUBLIC PROPERTY
WHEREAS, [to be added].
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Chapter 17 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Section 17-180 which reads in its entirety as follows:
Sec. 17-180. Definitions.
Camp or camping shall mean occupying a public area with one’s person or belongings for
the purpose of habitation.
Public area shall mean any area or facility owned or leased by the City or by any other
governmental entity, regardless of whether such property is vacant or occupied. It
includes, but is not limited to, any City recreation area, natural area, street, alley,
sidewalk, transit facility, bike path, greenway, or any other structure or area within the
public right-of-way.
Shelter shall mean any item used to protect persons or property from the elements, the
ground surface, or other features of the site, except clothing.
Temporary shelter shall mean temporary housing for individuals and families, provided
for little or no consideration by any governmental or nonprofit entity.
Section 2. That Section 17-181 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-181. Camping on public property restricted.
(a) It shall be is unlawful for any person to camp or pitch a tent, or knowingly permit
any person to camp or pitch a tent, on a public property area within the City, except as
otherwise provided by law. Camping, for the purposes of this Section, shall mean to
sleep, spend the night, reside or dwell temporarily with or without bedding or other
camping gear and with or without shelter, or to conduct activities of daily living such as
eating or sleeping, in such place unless such person is camping in compliance with
Chapter 23 in a natural or recreation area. Camping shall not include incidental napping
or picnicking.
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(b) Evidence of habitation may include, without limitation:
(1) bedding;
(2) items used to provide shelter;
(3) items used for storing, preserving, cooking, or serving food;
(4) items used to store personal belongings;
(5) items used to ignite a campfire;
(6) items used for personal hygiene, washing, or bathing; or
(7) items commonly used for household operation or maintenance.
(c) A person is camping for the purpose of this Section, if it reasonably appears,
based on the totality of the circumstances, the person conducting the activity is using a
public area for habitation purposes, regardless of the person’s intent.
Section 3. That Chapter 17 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Section 17-181.5 which reads in its entirety as follows:
Sec. 17-181.5. Camping on public property; affirmative defense.
For any citation for a violation of Sec. 17-181 that occurred between sunset and sunrise,
it shall be an affirmative defense that both of the following conditions are met:
(1) the person cited reasonably attempted to gain access to available
temporary shelters in the City; and
(2) no temporary shelter had a vacancy. This subsection shall not be deemed
to impose a duty on any police or other specially-commissioned officer to check
the vacancy of temporary housing before warning or citing anyone for any offense
in this Section.
Introduced, considered favorably on first reading, and ordered published this __ day of
________, A.D. 2015, and to be presented for final passage on the ___ day of _______, A.D.
2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on this ___ day of ________, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk