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HomeMy WebLinkAbout028 - 03/02/1999 - AMENDING CITY CODE BY ADDING PROVISIONS PERTAINING TO PARKS, TRAILS, AND RECREATIONS AREAS ORDINANCE NO. 28, 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 PARKS, TRAILS, AND RECREATION AREAS WHEREAS, the City has acquired and developed an extensive system of parks, trails, and recreation areas (hereafter collectively referred to as "Recreation Areas") including numerous community and neighborhood parks, designated trails, and three public golf courses for the benefit of the citizens of Fort Collins; and WHEREAS, the City desires to manage the use of the Recreation Areas so that visitor enjoyment, safety and the areas themselves are appropriately protected; and WHEREAS, Section 23-201 of the City Code generally provides that the use of Recreation Areas by the general public must be in accordance with rules and regulations adopted by the City Council, by Ordinance; and WHEREAS, the Council has adopted certain Rules and Regulations for Recreation Areas pursuant to Ordinance No. 62, 1988; and WHEREAS,the Council wishes to codify the Rules and Regulations pertaining to Recreation Areas to provide better notice and enforcement of the same. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 23, Article IX, Division I of the Code of the City of Fort Collins, as renumbered by Ordinance No. 28, 1999, is hereby repealed and reenacted to read as follows: ARTICLE IX. PARKS, TRAILS, AND RECREATION AREAS See.23-201. Purpose and scope. This Article establishes the standards for conduct within city-designated recreation areas and on city-designated trails by the general public. The requirements and prohibitions of this Article shall not apply to emergency response or law enforcement activities, or to city management and maintenance activities to the extent the operation of this Article would impair the perlormance of the same. Sec. 23-202. 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 any trail, whether paved or unpaved, maintained or unmaintained,designated by the city as a trail for use by the public by the posting of signs or by designation in the city's Parks and Recreation Policy Plan, excluding trails within the boundaries of city Natural Areas or within the curbs of city streets. Director shall mean the Director of the Office of Cultural, Library, and Recreational Services of the city. Group event shall mean an event such as a picnic, class, fair or festival, or other activity, if such event: (1) is reasonably expected to include as participants or spectators one hundred (100) or more persons; or (2) constitutes 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 recreation area,or packaging from the same, and shall not include household or yard waste, commercial or construction waste, or other waste brought into a recreation area for the purpose of disposal of such waste, or any hazardous substance. Recreation Area shall mean any area designated and posted by the city as a city park,whether developed or undeveloped,a golf course,or a designated trail,whether within or without the city limits. Service Area shall mean the Office of Cultural,Library,and Recreational 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, trash, garbage, debris or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings,tree limbs, glass, rags, discarded wearing apparel, or any other discarded object. Sec. 23-203. Prohibited acts; permits. (a) It shall be unlawful to: (1) Discard,dispose or release any waste or hazardous substance of any kind in a recreation area or in a manner reasonably likely to result in the entrance of such waste or hazardous substance into or upon a recreation area,except for the disposal of incidental trash generated from activities in the recreation area in receptacles provided and marked for disposal of trash. (2) Bring any glass container into a recreation area or possess the same while in any recreation area except when removing containers during site clean-up activities. (3) Bathe or wash any persons or objects in any waters of a recreation area, or otherwise in any manner reasonably likely to result in the release of any waste or hazardous substance in any waters of a recreation area. (4) Drive, hit, or throw golf balls into or upon any recreation area, except city golf courses in accordance with the rules and regulations of the golf courses. (5) 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 recreation area, whether or not the same results in injury to such wildlife. (6) Remove,destroy, mutilate,modify,or deface any building, structure,water control device, fence, gate, notice, sign, tree, shrub or other plant or vegetation, animal, or bird, or any other object in a recreation 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 §§ 23-203 and 23-204. (7) Possess or consume in a recreation area any alcoholic beverage or possess any container, whether open or unopened, that contains or has been used to contain any alcoholic beverage, except on city golf courses in accordance with the rules and regulations of the golf courses,and except where allowed by a special event permit issued by the city's Liquor Licensing Authority. (8) Fish in a recreation 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. (9) Fish in any waters on any city golf course. (10) Leave any fire unattended in a recreation area. (11) Bicycle on a tennis, volleyball or horseshoe court, or on any golf course except upon a roadway or parking area. (12) Deposit or scatter cremated remains of any human or animal in a recreation area. (13) Ride a horse, bicycle, skateboard, or other means of conveyance, or skate, in a reckless or unsafe manner in a recreation area. (14) Violate the following in any recreation 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 recreation 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 recreation area. (2) Swim in the waters of a recreation area. (3) Operate a motorized model boat, car. truck, aircraft or other motorized model vehicle in a recreation area. (4) Launch a model rocket in, onto or over a recreation area. (5) Ride or have a horse in a recreation area more than ten (10) feet from a designated trail or roadway, or on any irrigated turf grass, except to the extent unavoidable circumstances require that a horse be ridden or taken into such areas briefly to avoid imminent danger to other persons. (6) Skateboard or in-line skate, except on a sidewalk, roadway, parking area, or designated trail. (c) No person shall engage in any conduct or activity within or upon a recreation area when a sign has been posted by the Service Area that such conduct or activity is not allowed in the recreation area or a portion of the area,based on a determination by the Service Area that such prohibition is appropriate to protect the safety or well- being of persons,or animals, or to protect or preserve the recreation area and related facilities,or any other city or public property or facility,the use and enjoyment of the same by the general public,or the needs and objectives of the city in maintaining and operating the same. (d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to: (1) Enter a recreation area during the hours of 1 1 :00 p.m. to 5:00 a.m. (2) Operate or park a motor vehicle or motorized means of conveyance, including without limitation, a motorized scooter, snowmobile, all-terrain vehicle, motorized bicycle or motorized skateboard, anywhere in a recreation area other than on established roadways and in designated parking areas. (3) Operate a motorized boat in a recreation area. (4) Land or launch in a recreation area,or fly lower than five hundred(500)feet above a recreation 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 recreation area. (6) Collect seeds,plants,orcuttings of trees,shrubs,vines,grasses,wildflowers, or other plants in a recreation area. (7) Planttrees,shrubs,vines,grasses,wildflowers,or otherplants in arecreation area. (8) Construct a structure in a recreation area. (9) Light a campfire,bonfire, or other fire in a recreation area, except for fires in grills provided by the city or fires in portable grills or stoves on tables provided by the city. (10) Allow livestock to graze in a recreation area. (11) Feed, or attempt to feed songbirds, squirrels, ducks, geese, or any other wildlife species in a recreation area. (12) Post a notice or sign, including fastening or displaying cards, posters, or other materials in a recreation area. (13) Conduct or sponsor a group event in a recreation area. (14) Perform a service for commercial gain or sell or offer to sell any item for commercial gain in a recreation area. (15) Deposit rocks, wood, or dirt in a recreation area. (16) Camp in a recreation area. (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 § 23-204. Sec. 23-204. Recreation area permit process. (a) Any person or organization seeking a permit for the purposes set forth in this Article shall apply for a recreation area permit by filing a verified application with the Service Area on a form supplied by the Service Area. An application must be submitted and completed not less than ten (10) business days before the date on which a permitted activity is to commence;provided,however,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 ti me and sufficient resources 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. The Director may condition the issuance of any permit by imposing reasonable requirements concerning the time, place and manner in which the proposed activity shall be permitted, and 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, or to protect or preserve the recreation area and related facilities, or any other city or public property or facility, the use and enjoyment of the same by the general public, or the needs and objectives of the city in maintaining and operating the same. (c) A permit decision by the Director under Section 23-204(b) may be 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 a new Article X, entitled "Offenses Involving Camping", is hereby added to Chapter 17 of the Code, and Section 23-211 of the Code is hereby moved to said Article X, and renumbered as Section 17-181. Section 3. That Section 23-212 of the Code is hereby repealed in its entirety. Section 4. That Section 23-213 of the Code is hereby moved to new Article X of Chapter 17 of the Code, renumbered and amended, as follows: Sec. 17-182. Withdrawal of permission to camp; conditions. If any person having received such permission to camp and camping in a tent within the city shall fail to comply with the Code and with the rules and regulations of the state and county Boards of Health and the terms of the permission to camp, then the Chief of Police shall withdraw permission to allow such person to camp. Upon the permission having been withdrawn, such person camping within such tent must cease such camping within six (6) hours after notice. Section 5. Division 3 of Article IX of Chapter 23 of the Code of the City of Fort Collins, as renumbered by Ordinance No. 28, 1999, is hereby moved to become a new Article V of Chapter 7.5, with all sections within the Article renumbered accordingly beginning with Section 7.5-70. Introduced, considered favorably on first reading, and ordere'ublished t day of February, A.D. 1999, and to be presented for final passage on the 7r@ day ofXarch, A. . 1999,. avor ATTEST: �2 City Clerk Passed and adopted on final reading this 2nd day of March, A.D. 1999. �_ mayor ATTEST: UL City Clerk