HomeMy WebLinkAbout038 - 03/25/2003 - AMENDING THE CODE PROHIBITING THE OBSTRUCTION OF PASSAGEWAYS ORDINANCE NO. 038, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 17 OF THE CODE OF THE CITY
OF FORT COLLINS TO ADD A SECTION
PROHIBITING THE OBSTRUCTION OF PASSAGEWAYS
WHEREAS, Section 18-9-107 of the Colorado Revised Statues prohibits obstructing
highways or other passageways and defines the term "obstruct" as rendering a passageway
impassable or unreasonably inconvenient or hazardous; and
WHEREAS, there is presently no local ordinance that prohibits obstructing passageways
except in the context of construction activities; and
WHEREAS, in certain areas of the City, especially the downtown area, people tend to
congregate near the entrances of business establishments and sometimes sit or lie in close proximity
to such entrances, which behavior creates a safety hazard and a nuisance for the patrons of such
establishments; and
WHEREAS, people who sit or lie down tend to do so for longer periods and to be more of
an obstruction than persons who stand or pass through the same areas; and
WHEREAS,people with impaired vision may injure themselves by tripping over sitting or
prone individuals near the entrances to business establishments; and
WHEREAS,for these reasons the City Council wishes to adopt a local ordinance prohibiting
the obstruction of passageways and specifically defining the term "obstruct" to include sitting or
lying within 20 feet of the entrance to any business establishment.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Code of the City of Fort Collins is hereby amended by the addition of a new
Section 17-128 which shall read in its entirety as follows:
Sec. 17-128. Obstructing a highway or passageway.
(a) No person acting without legal privilege, shall:
(1) Obstruct a highway, street, sidewalk, railway, waterway, building
entrance,elevator,aisle,stairway,hallway,or any other place used for
the passage of persons, vehicles, or conveyances to which the public
or a substantial group of the public has access, whether the
obstruction arises from that person's acts alone or from that person's
acts and the acts of others; or
(2) Disobey a reasonable request or order to move issued by one whom
the person knows to be a peace officer,a firefighter,or a person with
authority to control the use of the premises,to prevent obstruction of
a highway or passageway or to maintain public safety by dispersing
those gathered in dangerous proximity to a fire,riot,or other hazard.
(b) For purposes of this Section, the term obstruct shall mean to render
impassable or to render passage unreasonably inconvenient or hazardous. The term
unreasonably inconvenient or hazardous shall include,but not be limited to, sitting
or lying within twenty(20)feet of the entrance to any business establishment during
the business hours of that establishment, except on a bench, seat or other structure
made available for such purpose by the property owner or the city.
(c) The foregoing prohibition against sitting or lying within twenty(20)feet of
the entrance to a business establishment during business hours shall not apply to any
person:
(1) Who, as a result of a disability, utilizes a wheelchair, walker or
similar device to move about the public sidewalk;
(2) Sitting or lying down due to a medical emergency;
(3) Participating in or attending a parade, festival, performance, rally,
demonstration, meeting or similar event conducted pursuant to a
street use or other applicable permit;
(4) Sitting on a public sidewalk within a bus stop zone while waiting for
public or private transportation.
Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D. 2003, and to be presented for final passage on the 25th day of March, A.D. 2003.
ayor
ATTEST:
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City Clerk
Passed and adopted on final reading this 25th day of March, A.D. 2003.
Mayor =``
ATTEST:
City Clerk