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HomeMy WebLinkAbout086 - 08/18/2015 - AMENDING CHAPTERS 17 AND 23 OF CITY CODE TO CREATE AN EXCEPTION FOR THE POSSESSION AND DISCHARGE OF ORDINANCE NO. 086, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTERS 17 AND 23 OF THE CODE OF THE CITY OF FORT COLLINS TO CREATE AN EXCEPTION FOR THE POSSESSION AND DISCHARGE OF FIREARMS FOR A CITY-MANAGED PRONGHORN HUNTING PROGRAM ON SOAPSTONE PRAIRIE NATURAL AREA WHEREAS, in 2004, the City acquired a 12,579-acre property from Soapstone Grazing ' Association which has been supplemented by additional land acquisitions to a current total size of 22,000 acres and is now named the "Soapstone Prairie Natural Area" (Soapstone); and WHEREAS, the City Council adopted the Soapstone Master Plan in 2007, along with Wildlife and Vegetation Management Guidelines, in which Natural Areas Program staff outlined potential implementation of stewardship and conservation objectives and public education programs, including potential hunting on Soapstone; and WHEREAS, Soapstone was opened to the public as a City natural area beginning in 2009, and has annually been closed to the public between December and February as part of interagency regional wildlife management efforts; and WHEREAS, in 2010, Latimer County began managing a limited elk and deer hunting season on Red Mountain Open Space, adjacent to Soapstone, which has been proven to be an effective tool for Larimer County and the Colorado Department of Parks and Wildlife to monitor and regulate game populations in the region; and WHEREAS, since 2007, Natural Areas staff have studied opportunities to coordinate regional wildlife management efforts with federal, state and county wildlife officials, which has led to long-range interagency management efforts in and around Soapstone, including the reintroduction of Black-footed ferrets and American Bison in 2015; and WHEREAS, recognizing the successes of Larimer County's hunting program on Red Mountain Open Space and pursuing Soapstone Master Plan objectives, Natural Areas staff conducted public outreach in 2014 regarding offering limited pronghorn antelope hunting on Soapstone and incorporated that input into creating a hunting program as a recreational objective in the Natural Areas Master Plan adopted by Council on October 7, 2014, by Resolution 2014- 089; and WHEREAS, staff have determined a limited program, coordinated with Larimer County and the Colorado Department of Parks and Wildlife, to offer pronghorn antelope hunting on Soapstone, between December and February, will further interagency efforts to manage regional game populations that migrate across contiguous open space and natural areas without interfering with other recreational uses of the property; and WHEREAS, the current City Code prohibits discharge of firearms or weapons in natural areas for hunting; and - I - WHEREAS, staff recommends adoption of an exception in the City Code to allow the discharge of a firearm in a natural area, when a party possesses a city-issued hunting permit and the discharge occurs within the terms of that permit; and WHEREAS, on April 8, 2015, the Land Conservation and Stewardship Board reviewed the proposed amendments to the City Code and program parameters for a limited pronghorn antelope hunting season on Soapstone, and unanimously recommended Council adopt the changes necessary to accommodate the program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council finds that updating the restrictions on the discharge of firearms and weapons within City limits in Chapter 17 of the City Code and the discharge of firearms and weapons in natural areas in Chapter 23, to accommodate the administration of a limited hunting permit program in the Soapstone Prairie Natural Area, is in the best interest of the City and its residents. Section 2. That Section 17-101 (b) of the Code of the City of Fort Collins is hereby amended to read as follows: See. 17-101. Discharging of weapons; permit. (b) The discharge of firearms or weapons by any member of any law enforcement office in the course of such member's law enforcement training exercises or official duty shall not be deemed a violation of Subsection (a) above, and any firing range or training facility operated and maintained by Fort Collins Police Services or the County Sheriffs Office is exempt from the permit requirements specified in Subsection (c) below. The discharge of firearms or weapons in a City natural area, as defined in Section 23-192, by a person in possession of a valid, current, City-issued hunting permit shall not be deemed a violation of Subsection (a) above if the discharge occurs within the area identified and in the manner authorized by the subject permit. Section 3. That Section 23-193 (d)(20) of the Code of the City of Fort Collins is hereby amended to read as follows: See. 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: - 2 - (20) Possess in a natural area any gun, pistol, crossbow, bow and arrow, slingshot or other firearm or weapon whatsoever, including BB guns or pellet or paintball guns, except as permitted by a City-issued or other lawfully issued permit. Discharge of any such firearm or weapon shall be prohibited, except in a natural area as expressly permitted by a City-issued hunting permit. Section 4. That Section 23-195 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-195. Routine permit processes. The Director may establish an alternative permit process for any activity specified in Subsection 23-193(d) that is subject to standardized requirements and conditions, including but not limited to issuance of hunting permits in a natural area through a lottery system. Issuance of a permit under any such routine permit process shall be on a first- come, first-served basis, or first-drawn basis when a lottery system is used to determine recipients of a limited number of permits. A routine permit process for an activity such as camping may utilize an on-site system located at the permitted camping area. In connection with and as a condition of any routine permit process, the payment of an administrative fee may be required by the City Manager pursuant to Chapter 7.5 of this Code. Introduced, considered favorably on first reading, and ordered published this 21st day of July, A.D. 2015, and to be presented for final passage on the 18th day of August, A.D. 2015. Mayor ATTEST: FORT... :Z Chief Deputy City Clerk ; SEAL " - 3 - Passed and adopted on final reading on this 18th day of August, A.D. 2015. yo ATTEST: t� A F FORT CO<City Clerk RP�O - 4 -