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HomeMy WebLinkAbout018 - 02/21/2006 - AMENDING CHAPTER 17, ARTICLE IV (OFFENSES AGAINST PUBLIC AUTHORITY) AND CHAPTER 23, ARTICLE IX (NATU ORDINANCE NO. 018, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 17, ARTICLE IV(OFFENSES AGAINST PUBLIC AUTHORITY) AND CHAPTER 23, ARTICLE IX(NATURAL AREAS) OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY AND UPDATE CERTAIN ENFORCEMENT AUTHORITY AND NATURAL AREAS RESTRICTIONS WHEREAS, Article of IV of Chapter 17 of the City Code currently provides for certain offenses against public authority, and prohibits such specific offenses as false alarm or false reporting of a crime, failure to follow orders of a peace officer, and failure to assist a peace officer; and WHEREAS, pursuant to Section 2-504(b)(2) of the City Code, the Chief of Police has the authority to specially commission officers of the City to assist in the enforcement of specified laws of the City, and has exercised this authority to commission Natural Areas Rangers; and WHEREAS,City staff has recommended that the grant of additional authority for specially commissioned officers of the City, including the Natural Areas Rangers,to issue citations for false alarm, false reporting of a crime, failure to follow orders and failure to assist will aid the Natural Areas Rangers and other specially commissioned officers in carrying out their duties; and WHEREAS, Natural Areas Program staff presented to the City Council in 2005 proposed revisions to the Natural Areas General Management Guidelines, which have since been administratively adopted; and WHEREAS,in order to implement that Natural Areas General Management Guidelines,staff recommends that certain clarification and updating of the City Code provisions related to Natural Areas is necessary; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 17 and Chapter 23 of the City Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 17-61 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-61. False alarm. No person shall intentionally make,turn in or give a false alarm of fire or make a false or needless request for police or ambulance assistance or for the assistance of any specially commissioned officer of the city appointed by the Chief of Police pursuant to § 2-504(b)(2),nor shall any person aid or abet in the commission of such act. Section 2. That Section 17-62 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-62. False report of crime. No person shall make to or file with a member of Police Services, Poudre Fire Authority or the Colorado State University Police Department,or with any specially commissioned officer of the city appointed by the Chief of Police pursuant to § 2- 504(b)(2), any false or misleading statement or report concerning the commission or alleged commission of any crime occurring within the city. Section 3. That Section 17-63 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-63. Interference with public officers. (a) No person shall knowingly obstruct, impair or hinder any peace officer, firefighter,specially commissioned officer of the city,city employee or other public official acting under the color of his or her official authority to enforce the law or perform an official duty by the use or threat of violence, force,physical interference, or obstacle, or by knowingly providing false or misleading information to any such officer, employee or official. (b) When a peace officer or specially commissioned officer of the city, acting under the color of his or her official authority, is enforcing the law or performing an official duty, no person shall, after having been ordered by said officer to move on and away from the scene of the officer's activity, knowingly remain in the officer's presence or engage in conduct that disrupts,obstructs,impairs or hinders the officer's enforcement of the law or the performance of his or her official duty. (d) It is no defense to a prosecution under this Section that a peace officer or specially commissioned officer of the city was acting in an illegal manner if the officer was acting under the color of his or her official authority. An officer acts under the color ofhis or her 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 surrounding facts and circumstances. (f) The term specially commissioned officer of the city when used in this Section shall mean a specially commissioned officer of the city appointed by the Chief of Police pursuant to § 2-504(b)(2) who has identified himself or herself by exhibiting official credentials to the person charged under this Section. Section 4. That Section 23-192 of the Code of the City of Fort Collins is hereby amended to add a definition of the term camping, to read as follows: Sec. 23-192. Definitions. The following words,terms and phrases,when used in this Article,shall have the meanings ascribed to them in this Section: Camping shall mean to sleep or spend the night or reside or dwell temporarily in a natural area, 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. Camping shall not include incidental napping or picnicking. Section 5. That subsections(a),(b)and(d)of Section 23-193 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 23-193. Prohibited acts; permits. (a) It shall be unlawful to: (2) Bring any glass container into a natural area or possess the same while in any natural area except when removing containers during site clean-up activities sponsored or permitted by the city. (15) Operate any boat in waters within a natural area unless the boat contains at least one (1) personal floatation device that is in good and serviceable condition and of a type approved for recreational use by the United State Coast Guard for each person on board. Any such use must also be consistent with subsection(d)(2), below. (18) Fail to comply with any posted yield, right-of-way or other trail use requirement on a trail subject to the provisions of this Article. (19) Violate any term, condition or requirement of any permit issued pursuant to this Article. (b) Unless a sign has been posted by the Service Area that the particular natural area or a portion thereof is open for such use, it shall be unlawful to: (2) Swim, wade or otherwise enter into any waters of a natural area, or allow any pet animal or any riding or pack animal to do so. (5) Climb rocks or boulders with or without ropes,fixtures,or other apparatus. (d) Except as authorized by a permit obtained for such use from the Service Area, 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 Area opening or closing the particular area or a portion of the area for public use for a specified time or during specified hours; or b. as necessary to participate as a registered or otherwise officially recognized participant in a city-sponsored or permitted event in a natural area. (2) Operate a motorized boat, other than one with a wakeless, electric trolling motor in a natural area. (4) Remove, disturb, or damage any archaeological, geological or paleontological materials from a natural area. (5) Remove from a natural area downed trees, logs or groupings of branches or sticks, or disturb or damage any of the same. (15) Deposit rocks, wood, dirt or any other material in a natural area. (19) Camp in a natural area. (20) Possess in a natural area any gun, pistol, crossbow, bow and arrow, slingshot or other firearm or weapon whatsoever, including BB guns, or pellet, or paintball guns except as permitted by a city-issued or other lawfully issued permit. Section 6. That Section 23-194(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-194. Natural areas pernut 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 Area on a form supplied by the Service Area, except that permit applications for which a routine permit process has been established by the Director under § 23-195 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 Area 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 Area to process and investigate the application and make any preparations necessary for the activity. Section 7. That a new Section 23-195 is hereby added to Article DC of Chapter 23 of the Code of the City of Fort Collins, as follows: Sec. 23-195. Routine permit processes. The Director may establish an alternative permit process for any activity specified in§23-193(d)that is subject to standardized requirements and conditions. Issuance of a permit under any such routine permit process shall be on a first-come, first-served basis. A routine permit process for an activity such as camping may utilize an on-site system located at the permitted camping area. In connection with and as a condition of any routine permit process the payment of an administrative fee may be required by the City Manager pursuant to Chapter 7.5. Introduced, considered favorably on first reading, and ordered published this 7th day of February,A.D. 2006, and to be presented for final passage he 21st day of February, A.D. 2006. i w Mayo ATTEST: _%U�' .. City Clerk Passed and adopted on final reading this 21st day o bruary, A.D. 2006. mayou A17EST: 1 City Clerk