HomeMy WebLinkAbout027 - 03/02/1999 - AMENDING CITY CODE BY ADDING PROVISIONS PERTAINING TO NATURAL AREAS ORDINANCE NO. 27, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23
OF THE CODE OF THE CITY OF FORT COLLINS
BY ADDING PROVISIONS PERTAINING TO NATURAL AREAS
WHEREAS,the City,pursuant to Section 25-72(a)of the Code,has acquired and designated
natural areas to benefit the citizens of Fort Collins; and
WHEREAS,the City is responsible for managing its natural areas in a manner that protects
the natural features and functions for which the sites were acquired; and
WHEREAS, the City desires to manage human use of the natural areas so that visitor
enjoyment, safety and the areas themselves are appropriately protected; and
WHEREAS, the Natural Areas and Trails Rangers, duly commissioned by the Chief of
Police, are responsible for enforcing certain portions of the Code in natural areas; and
WHEREAS, there are no existing provisions specifically intended to regulate the use and
enjoyment of the natural areas; and
WHEREAS,the Council wishes to adopt certain provisions to regulate the use and enjoyment
of its natural areas.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Chapter 23 of the Code is hereby amended by the addition of a new Article
VIII to read as follows:
ARTICLE VIII. NATURAL AREAS
Sec. 23-191. Purpose and scope.
This Article establishes the standards for conduct within city-designated natural
areas by the general public. The requirements and prohibitions of this Article shall
not apply to emergency or law enforcement operations or to city management and
maintenance activities to the extent the operation of this Article would impair the
performance of the same.
See. 23-192. Definitions.
The following words,terms and phrases,when used in this Article,shall have the
meanings ascribed to them in this Section:
Designated trail shall mean a trail or path within the boundaries of a natural area,
whether paved or unpaved,maintained or unmaintained,designated as a trail for use
by the public by the posting of signs or by designation on official maps of a natural
area.
Director shall mean the Director of the Office of Community Planning and
Environmental Services of the city.
Group event shall mean an event such as an athletic event, class, fair or festival,
or other activity, if such event is reasonably expected to:
(1) include fifteen (15) or more persons:
(2) obstruct, delay, or interfere with the normal use of any natural area or any
trails, viewing stations, or other facilities located therein;
(3) present a risk of negative impact to animal or plant life, or the ecology of
any natural area; or
(4) constitute an "event or other special event" as the same is defined in§ 23.5-
2, in which event any applicable requirements of Chapter 23.5 shall also
apply.
Hazardous Substance shall mean any chemical,compound,substance,or mixture
that state or federal law designates as hazardous because it is ignitable, corrosive,
reactive or toxic, or any petroleum based substance or by-product, including but not
limited to solvents,degreasers,paint thinners, cleaning fluids,pesticides,adhesives,
strong acids and alkalis, paints, inks, gasoline, oil, and diesel fuel.
Incidental Trash shall mean discarded items reasonably and actually used or
consumed in the course of appropriate use of a natural area, or packaging from the
same, and shall not include household or yard waste, commercial or construction
waste, or other waste brought into a natural area for the purpose of disposal of such
waste, or any hazardous substance.
Natural area shall mean any area designated and posted by the city as a city
natural area,whether within or without the city limits,and shall include any trails to
the extent the same are within the boundaries of a natural area.
Service Area shall mean the Office of Community Planning and Environmental
Services of the city.
Waste shall mean solid or liquid waste, except hazardous substances, whether
organic or inorganic, including by way of illustration and not limitation,wastes and
materials commonly known as trash,garbage,debris or litter,animal carcasses,offal
or manure, paper, ashes, cardboard, cans, yard clippings, tree limbs, glass, rags,
discarded clothes or wearing apparel of any kind, or any other discarded object.
Sec. 23-193. Prohibited acts; permits.
(a) It shall be unlawful to:
(1) Discard, dispose or release any waste or hazardous substance of any kind
in a natural area or in a manner reasonably likely to result in the entrance
of such waste or hazardous substance into or upon a natural area,except for
the disposal of incidental trash in receptacles provided and marked for
disposal of trash.
(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.
(3) Bathe or wash any persons or objects in any waters of a natural area, or
otherwise in any manner reasonably likely to result in the release of any
waste or hazardous substance into an} waters of a natural area.
(4) Drive, hit, or throw golf balls into or upon a natural area.
(5) Fly a kite within a natural area.
(6) Kick, hit or throw a flying disc, ball, or boomerang in, onto or over a
natural area, except within a fenced area designated and posted to allow
dogs off-leash.
(7) Operate a motorized model boat, car, truck, aircraft or other motorized
model vehicle in a natural area.
(8) Launch a model rocket in, onto or over a natural area.
(9) Bicycle, skateboard or skate(in-line or otherwise) in a natural area,except
upon a roadway or designated trail.
(10) Knowingly or negligently harass wildlife,or permit or direct a dog,falcon,
or other animal under one's care or control to harass wildlife, in a natural
area, whether or not the same results in injury to such wildlife.
(11) Remove,destroy,mutilate,modify,or deface any building,structure,water
control device, fence, gate, notice, sign, survey or section marker, tree,
shrub or other plant or vegetation,insect,bird,or other animal,or any other
object, in a natural area,except during site clean-up activities,when taking
fish in a manner otherwise permitted under this article, or as specifically
allowed by permit issued pursuant to §§ 23-193 and 23-194.
(12) Possess or consume in a natural area any alcoholic beverage or possess any
container, whether open or unopened, that contains or has been used to
contain any alcoholic beverage.
(13) Fish in a natural area without a valid license as required by the Colorado
Division of Wildlife, or in violation of any requirements of the Colorado
Division of Wildlife, or possess a fish taken in violation thereof.
(14) Leave any fire unattended in a natural area.
(l 5) Camp in a natural area.
(16) Ride a horse, bicycle, skateboard, or other means of conveyance, or skate,
in a reckless or unsafe manner in a natural area.
(17) Violate the following in any natural area:
(i) Division 5 of Chapter 4, regarding control of animals;
(ii) Chapter 9, regarding fire prevention and protection;
(iii) Chapter 11, regarding hazardous materials transportation;
(iv) Section 12-37, prohibiting tampering with refuse or rubbish
containers;
(v) Chapter 17, regarding miscellaneous offenses, including without
limitation the discharge of weapons, trespass, loitering, and
disturbing the peace; and
(vi) Chapter 23.5, regarding special events.
(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:
(1) Enter upon the ice of any waters of a natural area.
(2) Swim in any waters of a natural area.
(3) Sled, snow tube, downhill ski, or snowboard in a natural area.
(4) Ride a horse in a natural area, other than on or within ten (10) feet of a
designated trail,except to the extent unavoidable circumstances require that
a horse be ridden beyond this ten(10) Foot limit briefly to avoid imminent
danger to other persons.
(c) It shall be unlawful to engage in any activity within or upon a natural area
when a sign has been posted by the Service Area that the particular area or a portion
of the area is closed for such use, based upon a determination by the Service Area
that such prohibition is appropriate to protect the safety or well-being of persons or
animals; the natural area, related facilities, or any other city or public property or
facility; the use and enjoyment of said areas of facilities by the general public; the
needs and objectives of the city in maintaining and operating the same; and/or the
natural environment in general.
(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.
(2) Operate or park a motor vehicle or other motorized means of conveyance,
including without limitation, a motorized scooter, snowmobile, all-terrain
vehicle,motorized bicycle or motorized skateboard, anywhere in a natural
area other than on established roadways and in designated parking areas.
(3) Operate a motorized boat,other than one with a wakeless, electric trolling
motor in a natural area.
(4) Land or launch in a natural area, or lly lower than five hundred (500) feet
above a natural area, any type of aircraft, including hot air balloons and
hang gliders, except within takeoff or landing airways of a commercial
airport or in emergency situations.
(5) Remove archaeological, geological. or paleontological materials from a
natural area.
(6) Remove from a natural area, or rearrange in a natural area, downed trees,
logs, or groupings of branches or sticks.
(7) Collect seeds, plants, or cuttings of trees, shrubs, vines, grasses,
wildflowers,or other plants in a natura l area,or otherwise remove the same
from a natural area.
(8) Plant trees, shrubs, vines, grasses, wildflowers, or other plants in a natural
area.
(9) Construct a structure in a natural area.
(10) Build a campfire,bonfire, or other fire in a natural area.
(11) Allow livestock to graze in a natural area.
(12) Feed, or attempt to feed, songbirds, squirrels, ducks, geese, or any other
wildlife species in a natural area.
(13) Post a notice, including fastening or showing cards, posters, or other
materials in a natural area.
(14) Conduct or sponsor a group event in a natural area.
(15) Perform a service for commercial gain or sell or offer to sell any item for
commercial gain in a natural area.
(16) Deposit rocks, wood, or dirt in a natural area.
(17) Release or otherwise introduce into a natural area an insect, bird, or other
animal.
(18) Deposit or scatter in a natural area cremated remains of any human or
animal origin.
(e) Research or public safety-related training activities involving any of the
activities prohibited in this Article,including without limitation the training of search
and rescue dogs off-leash, may be authorized by the Service Area by permit in
accordance with the procedures and standards set forth in § 23-194.
Sec. 23-194 Natural areas permit 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. 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.
(b) The Director shall approve, conditionally approve, or deny an application
on the grounds set forth in this subsection, and the Director's action and the basis
therefor shall be stated in a written notice to the applicant, no later than five (5)
business days after receipt of a fully completed application. The Director may deny
any application or impose any reasonable permit conditions or requirements upon the
approval of the same in order to protect the safety or well-being of persons or
animals; the natural area, related facilities, or any other city or public property or
facility; the use and enjoyment of said areas of facilities by the general public; the
needs and objectives of the city in maintaining and operating the same; and/or the
natural environment in general.
(c) A permit decision by the Director under Section 23-194(b) maybe appealed
to the City Manager by the filing of a written statement describing the permit applied
for,the specific decision under appeal and the basis for the appeal. Such statement
must be filed within ten(10) days of the Director's issuance of the subject decision.
The City Manager may conduct such discussions or proceedings as he deems
appropriate to investigate the appeal,and shall issue a written decision on the appeal
within a reasonable time thereafter.
Section 2. That all the subsequent Articles in Chapter 23 of the Code of the City of Fort
Collins are hereby renumbered accordingly.
Introduced, considered favorably on first reading, and ordered published th' y of
February, A.D. 1999, and to be presented for final passage on the 2nd day��fi ch, A.D. 1 99.
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ATTEST:
- )I
City Clerk __
Passed and adopted on final reading this 211d day of March, A,6. 1999.
ATTEST:
YUL
City Clerk