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HomeMy WebLinkAbout085 - 07/03/2018 - AMENDING ARTICLE VII OF CHAPTER 17 OF THE CITY CODE PERTAINING TO PANHANDLING C i ORDINANCE NO. 085, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE VII OF CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO PANHANDLING WHEREAS, in 1995, the City Council adopted Ordinance No. 070, 1995, adding Section 17-127 to the City Code to impose reasonable time, place'and manner restrictions on certain aggressive panhandling conduct that was then occurring and has continued to occur within the City; and WHEREAS, on February 10, 2015, five individual plaintiffs and Greenpeace, Inc. (the "Plaintiffs") filed in Colorado Federal District Court a class-action lawsuit against the City (the "Lawsuit"); and WHEREAS, the Plaintiffs challenged in the Lawsuit the constitutionality of seven specific time, place and manner panhandling restrictions in City Code Section 17-127, and asked the Court to preliminarily and permanently enjoin the City's enforcement of these challenged provisions(the "Challenged Provisions"); and WHEREAS, on February 27, 2015, City Council repealed the Challenged Provisions; and WHEREAS, the Plaintiffs did not, however, challenge the constitutionality of the four other time,.place and manner panhandling restrictions in City Code Section 17-127, as currently found in subsections (b)('1), (b)(2), (b)(3) and (b)(4); and WHEREAS, the four remaining panhandling restrictions in City Code Section 17-127 cover unlawful behaviors that are already identified as specific crimes in Chapter 17, including disorderly conduct (17-124), harassment (17-126), disturbing the peace (17-121), obstruction of a passageway (17-128) and assault (17-21); and WHEREAS, these overlapping provisions addressing the same criminal behaviors cause confusion among Fort Collins Police Services officers when determining which provision to cite on a criminal citation; and WHEREAS, because of this overlap and confusion, Fort Collins Police Services recommends eliminating the four remaining panhandling restrictions in (b)(1), (b)(2), (b)(3) and (b)(4), and the City Council believes that it would be in the best,interests of the City to approve such changes to the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. -1- Section 2. That Section 17-127 of the Code of the City of Fort Collins is hereby deleted in its entirety. Introduced, considered favorably on first reading, and ordered published this 19th day of June, A.D. 2018, and to be presented for final passage on the 3rd da uly, A.D. 2018. ayor ATTEST: °'VFORTCO� " SEAL City C °OLOR ° Passed and adopted on final reading on the 3rd day of July, A.D. 2018. ayor ATTEST: FORTCO OF ` SEAL y City 06rk COLORA�° -2-