HomeMy WebLinkAbout085 - 07/03/2018 - AMENDING ARTICLE VII OF CHAPTER 17 OF THE CITY CODE PERTAINING TO PANHANDLING C i
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WHEREAS, on February 27, 2015, City Council repealed the Challenged Provisions; and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 da uly, A.D. 2018.
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Passed and adopted on final reading on the 3rd day of July, A.D. 2018.
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