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HomeMy WebLinkAbout161 - 01/06/2009 - AMENDING THE CITY CODE TO ESTABLISH MARKING REQUIREMENTS ORDINANCE NO. 161, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO ESTABLISH MARKING REQUIREMENTS WHEREAS, markings are often made on City right-of-way and on other public improvements to show the location ofunderground facilities or to mark other design or construction- related specifications, features or limits; and WHEREAS,markings made with water-based paint tend to remain visible fora longerperiod of time than is necessary for the intended purpose; and WHEREAS,excessive markings and markings that remain visible for an extended period of time detract from the aesthetic appearance of public areas in the city; and WHEREAS, markings are particularly noticeable in the Old Town Area and on decorative surfaces; and WHEREAS,markings made on surfaces in drive lanes,parking lots or other areas designed for vehicular traffic tend to disappear as a result of the vehicular traffic on such surfaces; and WHEREAS, chalk-based paint makes less permanent markings and is a viable alternative to water-based paint for making such markings; and WHEREAS, markings that have served their intended purpose should be promptly and properly removed; and WHEREAS, the City Council wishes to adopt a local ordinance establishing marking requirements in order to diminish the lasting impact of such markings on public areas . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that a new Article XIV of Chapter 23 of the Code of the City of Fort Collins entitled "Location Markings on Public Property" is hereby added and reads in its entirety as follows: Article XIV. LOCATION MARKINGS ON PUBLIC PROPERTY See. 23-380. Definitions. The following words and phrases, when used in this Article, shall have the meanings respectively ascribed to them unless the context otherwise clearly indicates: City right-of- way shall mean an area dedicated to public use or impressed with an easement for public use which is owned or maintained by the City and is primarily used for pedestrian or vehicular travel or for public utilities or other infrastructure. City right-of-way shall include but not be limited to the street,gutter,curb, shoulder, sidewalk, sidewalk area, parking area and any other public way. Decorative surfaces shall mean those surfaces that are composed of ornamental materials or embellished for decorative purposes, such as those found on pavers, exposed aggregate, and stamped or stained concrete. Marking or mark shall mean any mark, or the process of making such mark, on City right-of-way or public improvements in the City to show the location of underground facilities,or to mark other design or construction-related specifications, features or limits. Notification association shall mean the statewide notification association of owners and operators of underground facilities created in Colorado Revised Statutes §9-1.5-105. Old Town Area shall mean all public property and public improvements within the area bordered on the north by the southern boundary of the Poudre River; on the west by the western boundary of the Meldrum Street right-of-way, extended to the Poudre River;on the south by the southern boundary of the Mulberry Street right-of- way; and on the east by the western boundary of the Poudre River. Public improvements shall mean any improvement, fixture or addition to real property or publicly owned facilities, whether permanent or not, made by a public entity. Sec. 23-381. Prohibited markings; limitations. (a) No person shall mark any City right-of-way or public improvements in the City with a marking that is more extensive than necessary to reasonably identify the location intended to be marked. (b) No person shall mark City-owned property without the City's permission,which permission may be obtained by utilizing either the notification association or calling the City Utilities locates section. All such markings shall be made in accordance with the requirements of this Section and shall also comply with any applicable administrative standards. (c) All markings on any decorative surfaces in the City and all markings on any right-of-way or public improvement in the Old Town Area must be made with chalk- based paint except for markings that are made: (1) on drive lanes, parking lots or other areas designed for vehicular traffic; or -2- (2) on areas that will be excavated or obscured from view by the placement of permanent fixtures orby the installation of landscaping within forty-five(45) days of the marking. (d) All markings made with water-based paint must be removed within forty-five (45) days after the markings were made unless such markings were made on either of the areas specified in subparagraphs (c)(1) or(c)(2)of this Section. The method used for removing markings must not destroy or materially alter the rights-of-way or other improvements, and must fully comply with applicable water quality requirements,as set forth in §26-498. Any party that requests a marking through the notification association shall be responsible for removal of the marking. If a marking is not made through the notification association,the last person causing the marking to be made is solely responsible for removal of the marking. Sec. 23-382. Penalty. (a) Any person who violates any provision of this Article commits a misdemeanor criminal offense and upon conviction, shall be subject to the provisions of§ 1-15. Each day such violation is committed or permitted to continue shall constitute a separate offense. (b) As an additional means ofenforcement, and not as an alternative to or substitute for prosecution for violation of the provisions of this Article, the City may remove or eradicate any markings which are not removed pursuant to the provisions of this Article and charge the party responsible for such removal the full cost incurred by the City to effect such removal. Any such costs incurred shall be immediately due and payable,and interest on such amounts due shall accrue at the statutory rate applicable to judgment awards. The City Manager may collect such amounts using any methods legally available, including conditioning of future licenses, permits or other grants or approvals, or renewals of the same, upon payment of any unpaid balance due hereunder. Introduced, considered favorably on first reading, and ordered published this 16th day of December, A.D. 2008, and to be presented for final passage on 6th day of January, A.D. 2009. D Mayo ATTEST: City Clerk -3- Passed and adopted on final reading on the 6th day of Jamey, A.D. 2009. Mayor ATTEST: City Clerk -4-