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HomeMy WebLinkAbout212 - 01/15/2002 - AMENDING THE CITY CODE TO PERMIT THE USE OF MOTORIZED WHEELCHAIRS AND SIMILAR ASSISTIVE DEVICES ON C ORDINANCE NO. 212, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTERS 23 AND 28 OF THE CITY CODE SO AS TO PERMIT THE USE OF MOTORIZED WHEELCHAIRS AND SIMILAR ASSISTIVE DEVICES ON CITY SIDEWALKS AND TRAILS WHEREAS, in 1999, the City Council enacted new provisions in Chapter 23 of the City Code regulating activities in City natural areas,recreation areas and trails,certain sections of which appear to preclude the use of motorized wheelchairs on City trails; and WHEREAS, the 1977 Edition of the Model Traffic Code for Colorado Municipalities (the "Model Traffic Code") has been adopted by reference by the City Council to provide a system of traffic regulations that generally conform to similar regulations throughout the state and the nation, with certain local amendments as contained in Chapter 28 of the City Code; and WHEREAS,certain sections of the Model Traffic Code,as previously amended by the City, appear to preclude the use of motorized wheelchairs on City sidewalks and trails; and WHEREAS, the Americans with Disabilities Act requires that the City make reasonable accommodation in the use of its facilities for persons with disabilities; and WHEREAS, the Council believes it to be in the best interest of the City to amend those sections of the Code so as to clearly permit the use of motorized wheelchairs by disabled persons on City sidewalks and trails. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23-193(d)(2) of the Code of the City of Fort Collins is hereby amended to read as follows: (d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to: (2) Operate orparkamotorvehicleorothermotorized means o£conveyance, anywhere in a recreation area other than on established roadways and in designated parking areas;provided,however,that a motorized wheelchair or similar assistive device may be used without a permit by any person with temporary or permanent mobility impairment, anywhere in a recreation area that public access is allowed. Section 2. That Section 23-203(d)(2) of the Code of the City of Fort Collins is hereby amended to read as follows: (d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to: (2) Operate or park a motor vehicle or motorized means of conveyance, anywhere in a natural area other than on established roadways and in designated parking areas;provided,however,that a motorized wheelchair or similar assistive device may be used without a permit by any person with temporary or permanent mobility impairment,anywhere in a natural area that public access is allowed. Section 3. That Section 28-17 (12.5) of the Code of the City of Fort Collins is hereby amended to read as follows: (12.5) Section 16-9, Driving on sidewalk, is hereby amended to read as follows: "Sec. 16-9. Driving on sidewalk. -No person shall drive any vehicle other than a bicycle or other human-powered vehicle upon a sidewalk or sidewalk area within this municipality,except upon a permanent or duly authorized temporary driveway. This prohibition shall not apply to motorized wheelchairs or similar assistive devices used by any person with temporary or permanent mobility impairment. Introduced and considered favorably on first reading and ordered published this 18th day of December,A.D. 2001, and to be presented for final passage on the 15th day of January,A.D. 2002. „ r f. Mayor _ ATTEST: D City Clerk Passed and adopted on final reading this 15th day of January, A.D. 2002. Mayor ATTEST:: �a City Clerk