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HomeMy WebLinkAbout045 - 05/03/2011 - AMENDING SECTION 17-40 OF THE CITY CODE PERTAINING TO THE OFFENSE OF TRESPASS ORDINANCE NO. 045, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 17-40 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE OFFENSE OF TRESPASS WHEREAS,the construction of the Mason Corridor Bus Rapid Transit("BRT")Project(the "Project") is scheduled to begin in 2011; and WHEREAS,the Project involves the construction of a five mile,north-south bus guideway which extends from Cherry Street on the north to a point south of Harmony Road(the site of the new South Transit Center); and WHEREAS,the Project will greatly enhance north-south transportation through the City and is expected to serve as a catalyst for economic growth and long-term development; and WHEREAS,a significant part of the guideway will be constructed on property owned by the BNSF Railway Company(`BNSF")and an easement from BNSF is a necessary property acquisition for the Project; and WHEREAS, on March 22, 2011, the City entered into a Construction and Maintenance Agreement("C&M Agreement")with BNSF providing for,among other things,the conveyance by BNSF of easement interests for the construction and operation of the Project; and WHEREAS,BNSF has expressed concern that the Project,by bringing additional people into the BNSF rail corridor, may raise safety concerns resulting from the potential that BRT users may trespass across its railroad tracks; and WHEREAS,to address BNSF's concern about this potential trespassing on railroad property, the C&M Agreement requires that the City enact an ordinance that specifically classifies any unauthorized person who enters upon property owned, leased or operated by a railroad as a trespasser; and WHEREAS, Section 17-40 of the City Code addresses the offense of trespass; and WHEREAS, Section 17-40 of the City Code makes it an offense to "enter or remain unlawfully upon property,whether publicly or privately owned",and,in its current form,Section 17- 40 is likely broad enough to address the offense of trespass on property owned by a railroad; and WHEREAS, notwithstanding the current breadth of Section 17-40 of the City Code, and in the interest of public safety, Council desires to amend Section 17-40 to include a provision dealing specifically with trespass on railroad property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 17-40 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (c) which reads in its entirety as follows: Sec. 17-40. Trespass; Trespass on Railroad Property. (a) No person shall enter or remain unlawfully in or upon property, whether publicly or privately owned.For the purposes of this Section,the term property shall include, but not be limited to, any land, dwelling, building, conveyance, vehicle or other temporary or permanent structure. (b) No person shall climb, sit or stand upon any sculpture, statue or other object situated on public or private property, without the express consent of the owner thereof, unless such object is designed, intended and made available to the general public for such use. (c) More specifically with respect to railroad property, no person shall,without lawful authority or the railroad company's consent,enter or remain unlawfully upon railroad property; except that a person may cross railroad property at an authorized crossing so long as the person complies with any warning devices located at the crossing. (1) The provisions of subsection(c)shall apply even if the railroad company may be aware of the presence or likely presence of unauthorized persons on railroad property. (2) For purposes of this subsection (c), persons with lawful authority include only the following: a. passengers on trains, or employees of a railroad company while engaged in the performance of their official duties; b. police officers, firefighters, peace officers, and emergency response personnel while engaged in the performance of their official duties; C. a person going upon railroad property in an emergency to rescue a person or animal such as livestock,pets,or wildlife from harm's way, or to remove an object that the person reasonably believes to pose an imminent safety risk; d. representatives of the Colorado Department of Transportation while engaged in the performance of their official duties; e. representatives of the Federal Railroad Administration while engaged in the performance of their official duties; or -2- f. representatives of the National Transportation Safety Board while engaged in the performance of their official duties. (2) For purposes of this subsection(c), the following definitions apply: a. "railroad property" shall mean all real property owned, leased, or operated by a railroad company including a right-of-way, track, bridge, yard, shop, viaduct, trestle, depot, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad company including a train, locomotive, engine, railroad car, work equipment, rolling stock, or safety device. "Railroad property" does not include any portion of a public street running adjacent to a railroad track; b. "yard" shall mean a system of parallel tracks, crossovers, and switches where railroad cars are switched and made up into trains, and where railroad cars,locomotives,and other rolling stock are kept when not in use or when awaiting repairs. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2011, and to be presented for final passage on the 3rd day of May, A.D. 2011. FORT°00 0� �`'2 Dhayor !� ATTEST: tXL City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2011. Yayor n O��O i ATTEST: ........ ..l City Clerk ' .p • COLO9�� -3-