HomeMy WebLinkAbout037 - 03/25/2003 - AMENDING THE CODE PERTAINING TO TRESPASS ORDINANCE NO. 037, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 17-1 AND 17-40 OF THE CODE OF THE
CITY OF FORT COLLINS PERTAINING TO TRESPASS
WHEREAS, Section 17-40 of the City Code currently prohibits individuals from entering
or remaining upon the premises of another without legal privilege to do so; and
WHEREAS,City police officers have reported an increase in conduct that may be a violation
of rules governing the use of such property but that is not specifically prohibited by this section of
the Code, such as climbing on fountains or other public structures, which conduct presents a risk of
bodily injury as well as a risk of damage to the structures themselves; and
WHEREAS, the City Council wishes to revise the Code to more specifically address the
behavior described above.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 17-1 of the Code of the City of Fort Collins is hereby amended to
add a definition of"Enter or remain unlawfully" to read as follows:
Sec. 17-1. Definitions.
Enter or remain unlawfully shall mean:
(1) To enter or remain in or upon privately owned property when not
licensed, privileged or otherwise authorized to do so;
(2) To enter or remain in or upon publicly owned property that is not open to
the public;
(3) To fail to leave property,whether privately or publicly owned,after being
directed to do so by a person lawfully in control of the property; or
(4) To conduct oneself in a public place in violation of any rule or regulation
issued by any officer or agency having the power of control,management,
or supervision thereof, which limits or prohibits the use, activities or
conduct in such public place, provided that the rule or regulation is: (i)
prominently posted at all public entrances to the property; (ii) posted in
such a way as to be clearly visible from the site of the infraction; or(iii)
actually known to the offender.
Section 2. That Section 17-40 of the Code of the City of Fort Collins is hereby amended to
read as follows:
Sec. 17-40. Trespass.
(a) No person shall enter or remain unlawfully in or upon property,whether
publicly or privately owned.For the purposes of this Section,the term property shall
include, but not be limited to, any land, dwelling, building, conveyance, vehicle or
other temporary or permanent structure.
(b) No person shall climb, sit or stand upon any sculpture, statue or other
object situated on public or private property, without the express consent of the
owner thereof, unless such object is designed, intended and made available to the
general public for such use.
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.
,ter
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Mayor � � '----
ATTEST:
City Clerk
Passed and adopted on final reading this 25th day of March, A.D. 2003.
Mayo
ATTEST:
City Clerk