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HomeMy WebLinkAbout167 - 12/20/2011 - AMENDING CHAPTER 23, ARTICLES IX AND X OF THE CITY CODE TO UPDATE LANGUAGE RELATED TO THE USE OF MOT ORDINANCE NO. 167, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23, ARTICLES IX AND X OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE LANGUAGE RELATED TO THE USE OF MOTORIZED DEVICES ON CITY TRAILS BY PEOPLE WITH DISABILITIES WHEREAS, Article IX of Chapter 23 of the City Code regulates behavior on City natural areas properties, and Article X of Chapter 23 of the City Code regulates behavior in City recreation areas, which includes parks and trails; and WHEREAS,both the natural areas and parks Code provisions currently prohibit the use of motorized vehicles or other motorized means of conveyance in natural areas and recreation areas, except that motorized wheelchairs or similar assistive devices may be used by a person with a mobility impairment; and WHEREAS, in 2010 the U.S. Department of Justice released revised regulations implementing the accessibility provisions of the Americans With Disabilities Act (ADA), which regulations went into effect on March 15, 2011 (the "2011 Regulations"); and WHEREAS, among other changes, the 2011 Regulations redefine the scope of mobility devices that public entities must allow individuals with disabilities to use in areas where pedestrians are allowed, subject to legitimate safety requirements that an entity may adopt; and WHEREAS, the City Council wishes to amend various provisions of Chapter 23, Articles IX and X in order to update the language regarding the use of motorized devices by people with disabilities on City trails to be consistent with the 2011 Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 23-192 of the Code of the City of Fort Collins is hereby amended by the addition of two new definitions, which read in their entirety as follows: Sec. 23-192. Definitions. Mobility disability shall mean a disability, as defined in Title II of the Americans with Disabilities Act,that limits an individual's mobility within a natural area. Other power-driven mobility device shall have the meaning ascribed to it by Title 11 of the Americans with Disabilities Act. Section 2. That Section 23-193(d)(18)of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-193. Prohibited acts; permits. (d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to: (18) Operate or park a motor vehicle or other 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 may be used by any person with a temporary or permanent mobility disability anywhere in a natural area that public access is allowed, and an other power-driven mobility device may be used in a natural area by any person with a temporary or permanent mobility disability, in accordance with City regulations regarding such use of other power-driven mobility devices Section 3. That Section 23-202 of the Code of the City of Fort Collins is hereby amended by the addition of two new definitions, which shall read as follows: Sec. 23-202. Definitions. Mobility disability shall mean a disability,as defined in Title II of the Americans with Disabilities Act, that limits an individual's mobility within a recreation area. Other power-driven mobility device shall have the meaning ascribed to it by Title II of the Americans with Disabilities Act. Section 4. That Section 23-203(a)(1) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-203. Prohibited acts; permits. (a) It shall be unlawful to: -2- (1) Operate or park a motor vehicle or other motorized means of conveyance anywhere in a recreation area other than on established roadways and in designated parking areas;provided,however,that a motorized wheelchair may be used by any person with a temporary or permanent mobility disability anywhere in a recreation area that public access is allowed,and an other power-driven mobility device may be used in a recreation area by any person with a temporary or permanent mobility disability, in accordance with City regulations regarding such use of other power- driven mobility devices. Introduced, considered favorably on first reading, and ordered published this 15th day of November, A.D. 2011, and to be presented for final passage on the 20th day of December, A.D. 2011. O�FORT.CO of 6 J (� .. °•may ••to Iv1 yor ATTEST: �r ��AL ° ° e City Clerk Passed and adopted on final reading on the 20th day of December, A.D. 2011. OF FART CO0.<<i 2cr yor ATTEST: �; ��i �L Ol0RPO City Clerk -3-