HomeMy WebLinkAbout167 - 12/20/2011 - AMENDING CHAPTER 23, ARTICLES IX AND X OF THE CITY CODE TO UPDATE LANGUAGE RELATED TO THE USE OF MOT ORDINANCE NO. 167, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23, ARTICLES IX AND X OF THE CODE OF THE
CITY OF FORT COLLINS TO UPDATE LANGUAGE RELATED TO THE USE OF
MOTORIZED DEVICES ON CITY TRAILS BY PEOPLE WITH DISABILITIES
WHEREAS, Article IX of Chapter 23 of the City Code regulates behavior on City natural
areas properties, and Article X of Chapter 23 of the City Code regulates behavior in City recreation
areas, which includes parks and trails; and
WHEREAS,both the natural areas and parks Code provisions currently prohibit the use of
motorized vehicles or other motorized means of conveyance in natural areas and recreation areas,
except that motorized wheelchairs or similar assistive devices may be used by a person with a
mobility impairment; and
WHEREAS, in 2010 the U.S. Department of Justice released revised regulations
implementing the accessibility provisions of the Americans With Disabilities Act (ADA), which
regulations went into effect on March 15, 2011 (the "2011 Regulations"); and
WHEREAS, among other changes, the 2011 Regulations redefine the scope of mobility
devices that public entities must allow individuals with disabilities to use in areas where pedestrians
are allowed, subject to legitimate safety requirements that an entity may adopt; and
WHEREAS, the City Council wishes to amend various provisions of Chapter 23, Articles
IX and X in order to update the language regarding the use of motorized devices by people with
disabilities on City trails to be consistent with the 2011 Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 23-192 of the Code of the City of Fort Collins is hereby amended
by the addition of two new definitions, which read in their entirety as follows:
Sec. 23-192. Definitions.
Mobility disability shall mean a disability, as defined in Title II of the
Americans with Disabilities Act,that limits an individual's mobility within a natural
area.
Other power-driven mobility device shall have the meaning ascribed to it by
Title 11 of the Americans with Disabilities Act.
Section 2. That Section 23-193(d)(18)of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-193. Prohibited acts; permits.
(d) Except as authorized by a permit obtained for such use from the Service
Area, it shall be unlawful to:
(18) Operate or park a motor vehicle or other motorized means of conveyance
anywhere in a natural area other than on established roadways and in
designated parking areas; provided, however, that a motorized
wheelchair may be used by any person with a temporary or permanent
mobility disability anywhere in a natural area that public access is
allowed, and an other power-driven mobility device may be used in a
natural area by any person with a temporary or permanent mobility
disability, in accordance with City regulations regarding such use of
other power-driven mobility devices
Section 3. That Section 23-202 of the Code of the City of Fort Collins is hereby amended
by the addition of two new definitions, which shall read as follows:
Sec. 23-202. Definitions.
Mobility disability shall mean a disability,as defined in Title II of the Americans
with Disabilities Act, that limits an individual's mobility within a recreation area.
Other power-driven mobility device shall have the meaning ascribed to it by Title
II of the Americans with Disabilities Act.
Section 4. That Section 23-203(a)(1) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-203. Prohibited acts; permits.
(a) It shall be unlawful to:
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(1) Operate or park a motor vehicle or other motorized means of conveyance
anywhere in a recreation area other than on established roadways and in
designated parking areas;provided,however,that a motorized wheelchair
may be used by any person with a temporary or permanent mobility
disability anywhere in a recreation area that public access is allowed,and
an other power-driven mobility device may be used in a recreation area
by any person with a temporary or permanent mobility disability, in
accordance with City regulations regarding such use of other power-
driven mobility devices.
Introduced, considered favorably on first reading, and ordered published this 15th day of
November, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D.
2011.
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Passed and adopted on final reading on the 20th day of December, A.D. 2011.
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