City Code Revisions for Parks, Recreation and Cultural Services

Parks, Recreation and Cultural Services Advisory Board February 9, 2017

Karen Palus Parks, Recreation and Cultural Services Director Britt Haley Office of the City Attorney, Division Chief

Code Revision Overview

• Multiple Chapter Revisions: 1,2,4,6,7,9,10

• Clean Up throughout documents: 1. Manager to Director, 2. Updated Department Name to include Cultural Services

• What’s not addressed at this time: Park Land Dedication Ordinance, Pioneers Museum Board, Full Drone Decision and E-bikes.

• Parks Board Policy/Articles and Bylaws Update will come at a later meeting date.

How to review…

HOW CITY CODE AMENDMENTS ARE DEPICTED

• Draft Ordinances amending the City Code include only the text being changed.

• To review the existing City Code please visit:

http://www.sterlingcodifiers.com/codebook/index.php?book_id=855

• City Code language being added is shown in bold.

• City Code language being removed is shown as a strike through, for example.

• Asterisks (* * *) indicate that no amendments are proposed for the section/s with asterisk marks.

• Here is an example: 19.1.900 EXAMPLE CODE A. This is an example of the City Code. B. * * * F. The one only subsections amended is are A and F. The remaining provisions in this section remain the same. Finally, the asterisk below this section means the remaining code after this section stays the same, and there were no additional amendments.

* * *

• Section 203, Part 2, Article 6

• B. Trusts for Specific Purposes

– 2. Monies may be expended for all purposes consistent with the guidelines specified for the Conservation Trust Fund by the State of Colorado

Chapter 1

• Article 3

• 2.3.703: Peddling Regulations; Prohibitions – A. It shall be unlawful for any peddler to stop a peddler’s

cart, or to place food wares, tables, chairs, or other fixtures, furniture, devices, generators or awnings used in peddling operations in, on, near or above any public street, sidewalk or other public tight of way, or to set-up on a grass area within any park or on parkland, or to stop or place these items so as to obstruct the free travel of pedestrians or vehicles.

Chapter 2

4.1.101: Definitions: PARK; PARK LAND: Those areas, structures or facilities which are parks, parkways, medians and recreation facilities owned or managed by agreement by the City and which are under the control, management and supervision of the Department. Park and park land shall also have the meaning defined in section 4.6.101 of this chapter. PARK PROPERTY: Any real or personal property, or improvements of or relating to parks, open space, trails or park facilities belonging to the City. Park property shall include all trees, plants, shrubs and vegetation, all natural terrain formations, all historical, cultural, archaeological, and paleontological resources, all rocks, stones and boulders, and all improvements to the park areas such as tables, benches, railings, fountains, canopies, pavilions, roads, sidewalks, fireplaces, buildings, bridges, standsbleachers and equipped play areas. STEWARDSHIP: The provision of services that protect and enhance the condition, longevity and overall well-being of facilities and elements of the built environment and the health and vitality of the natural environment.

Chapter 4

4.1.104: POWERS AND DUTIES: C. Recommend Prepare and submit to the Manager Director and City Council plans, action plans and recommendations for the development of the park, trail, open space and recreation facilities of the City, together with recommendations for the amounts to be expended each year for those purposes. D. Recommend Prepare and submit to the Manager Director a general overall program of park, trail, open space and recreational developments contemplating the progressive maximum development of the recreational facilities and action plans, landscaping and beautification of the City, keeping in mind the enjoyment and use of the facilities by the greatest number of persons and the general benefits to the City and its citizens as a whole rather than the special benefits to particular groups and interests. Plans shall list projects in the order of preference or priority of accomplishment. G. Review at public hearing and make recommendations on all development activities all park master plans associated with a for parks, trails, or open spaces, subject to appeal to City Council pursuant to City Code section 4.1.105 through a master plan.

Chapter 4

4.1.105: APPROVAL OF PARKS MASTER PLAN; COORDINATEION WITH PLANNING COMMISSION; APPEALS: A. The Board shall coordinate its work with that of the Colorado Springs Planning Commission so that both shall be working for the accomplishment of the same general purposes with reference to park, trail, open space and recreation development. The Board shall review and approve all park master plans, subject to appeal to City Council, in accord with the City Comprehensive Plan and Zoning Code.

Chapter 4

4.1.105: APPROVAL OF PARKS MASTER PLAN; COORDINATEION WITH PLANNING COMMISSION; APPEALS:

B. Parties That May Appeal:

Any party-in-interest may appeal to the City Council the final decision of the Parks Board relating to park master plans to City Council. For purposes of an appeal of a decision of the Parks Board, a “party-in-interest” shall be defined as one (1) of the following:

1. Any resident of the City of Colorado Springs;

2. The applicant and owners of the property or properties directly subject to the decision, including any party holding a legal or equitable interest in the subject property;

Chapter 4

Chapter 4

4.1.105: APPROVAL OF PARKS MASTER PLAN; COORDINATEION WITH PLANNING COMMISSION; APPEALS: 3. Persons who own or reside within or lease a real property any part of which is located within five hundred (500) feet of the specific real property which is the subject of the administrative decision, or the board of any active homeowners, property owners, neighborhood, or merchants association the boundaries of which include the subject property or are within five hundred (500) feet of the subject property. For purposes of this section an “active homeowners, property owners, or neighborhood association” shall mean:

Chapter 4

4.1.105: APPROVAL OF PARKS MASTER PLAN; COORDINATEION WITH PLANNING COMMISSION; APPEALS: a. A unit owners’ association currently registered with the Colorado HOA Information and Resource Center under the Colorado Common Interest Ownership Act (C.R.S. §§ 38-33.3-101, et seq.), as amended; b. A homeowners, property owners, or neighborhood association registered to do business in the State of Colorado and in good standing with the Colorado Secretary of State; and/or c. A homeowners, property owners, or neighborhood association with defined geographic boundaries that is included in the Department’s database of homeowners, property owners, or neighborhood associations.

4.1.105: APPROVAL OF PARKS MASTER PLAN; COORDINATEION WITH PLANNING COMMISSION; APPEALS: 4. Any person or organization that has an injury in fact to a legal interest protected under this City Code and has appeared and provided testimony before the Parks Board at the hearing on the decision being appealed. Signing a petition, in and of itself, shall not be considered providing testimony; or 5. The City of Colorado Springs administration.

Chapter 4

C. Criteria and Contents of Appeals: In the written appeal application, the appellant must substantiate the following: 1. Provide full contact information for the party-in-interest appealing, and the party-in-interest’s property that is impacted by the decision being appealed, if applicable. 2. Identify the final action of the Parks Board which is in dispute and show that the decision is incorrect because of one or more of the following grounds: a. It was against the express intent of the Parks System Master Plan; or b. It was against the express intent of the language or intent of the applicable

zone; or c. It is not in the best interest of the community; or d. It is erroneous, or e. It is clearly contrary to law.

Chapter 4

C. Criteria and Contents of Appeals: In the written appeal application, the appellant must substantiate the following: 3. Identify the benefits and adverse impacts created by the decision, describe the distribution of the benefits and impacts between the community and the appellant, and show that the burdens placed on the appellant outweigh the benefits accrued by the community.

Chapter 4

D. Appeals of Parks Board Decisions:

1. Appealable Decisions:

All final actions of the Parks Board regarding a master plan may be appealed to City Council.

2. Scheduling, Postponement:

a. Scheduling: An appellant must file a written appeal application with the City Clerk within ten (10) days from the date of the hearing at which the final decision is made. The City Clerk shall place the appeal on the agenda of the next regularly scheduled City Council meeting occurring a minimum of twenty (20) days after the appeal has been filed.

b. Postponement of Items on Appeal to the City Council: As a matter of course, the applicant may postpone the first scheduled Council hearing or consideration of an appeal from a decision of the Parks Board, made in accord with this subsection, to the next regularly scheduled City Council meeting. Any other requests for postponement shall be granted only for good cause shown to and found by the City Council. If new or additional evidence is set forth as the grounds for a request for a postponement, the appeal may be referred to the Parks Board for further hearing and recommendations.

Chapter 4

Chapter 4

D. Appeals of Parks Board Decisions: 3. Action on the Appeal: a. The Director shall prepare a staff report including relevant facts and the record of the decision of the hearing body. b. If the appeal does not conform to the criteria in subsections A and B above, City Council may dismiss the appeal. If the appeal does conform to the criteria in subsections A and B above, the City Council shall hold a public hearing. Before the public hearing is commenced, the City Council may entertain a motion to uphold the action of the Parks Board or refer the matter back to the appropriate body with direction for further consideration and recommendation. c. After a public hearing, City Council shall have the power to affirm, reverse, or modify the prior decisions. City Council may hear the appeal de novo, or may limit the hearing to matters raised on appeal. d. City Council shall make findings to support their decision based on the applicable standards contained or referenced in this Chapter.

Chapter 4

D. Appeals of Parks Board Decisions: 4. Failure to Appeal: The failure to appeal the decision of the Parks Board within the ten (10) day period shall be deemed to be a waiver of the applicant's or a party in interest's right to appeal to the courts under Rule 106 of the Colorado Rules of Civil Procedure for failure to exhaust administrative remedies. 5. Final Decision; Court Review: On such appeals, the decision of the City Council shall be final agency action, and shall be subject to review by the courts pursuant to applicable rules and statutes, unless the matter is remanded to the Parks Board. 6. Filing Fee: The filing fee shall be borne by the appellant; provided however, that if the City of Colorado Springs is the party-in-interest the fee shall be waived.

Chapter 4

4.2.102: PARK HOURS

The parks Park properties shall be open for the use of the public during the hours of five o'clock (5:00) A.M. until nine o'clock (9:00) P.M. during the months of November to April, inclusive, and during the hours of five o'clock (5:00) A.M. until eleven o'clock (11:00) ten o’clock (10:00) P.M. at all other times. It shall be unlawful for any person, other than City employees in the performance of their official duties, to enter or remain in the parks at any time outside the hours, except during official City sponsored permitted activities. The Manager Director may, however, extend or limit park hours by issuing a temporary park permit in accord with section 4.3.101 of this chapter. The Manager Director is further authorized to promulgate any necessary rules or regulations closing any park roads, vehicular access areas, or trails beginning at nine o'clock (9:00) P.M. at any time during the year.

4.3.101: TEMPORARY PARK PERMITS REQUIRED:

A temporary park permit shall be obtained by anyone desiring to use a park in whole or part to the exclusion of others or for commercial purpose. Use of any park in whole or part for a public gathering, entertainment, tournament or exhibition or, construction, access, or any other activity which can reasonably be expected to affect park property, patrons, or persons and property adjacent to the park, shall require a temporary permit.

Chapter 4

Chapter 4

4.5.102: MUSEUM ADMINISTRATION:

* * * D. Museum Administration: The operation, maintenance and management of the Museum collection and the Museum buildings and grounds shall be the responsibility of the Museum Director. In matters pertaining to the Museum collection, the Museum Director shall may be advised by and given direction by the Museum Board.

Article 7, Section 102 6.7.102: DEFINITIONS:

* * * DANGEROUS ANIMAL: Any animal that attacks, threatens to attack or injures any person or other animal.

* * * SEVERE INJURY: An injury caused by an animal to any person or domestic animal in which at a minimum the skin is broken, exterior bleeding occurs, or medical treatment by a licensed physician or veterinarian is necessary.

* * * THREATEN TO ATTACK: Any obvious attitude of attack to include, but not be limited to, approaching in a menacing fashion such as growling, snapping or charging at a person, other domestic animal or wildlife on property other than the owner's.

Chapter 6

Article 7, Section 107 6.7.107: DUTY TO RESTRAIN ANIMALS: A. It shall be the duty of any owner or keeper of any dog or hoofed animal to restrain the dog or hoofed animal by means of confinement, collar and leash, or bridle from running at large upon any park or other public place in the City, and to prevent the dog or hoofed animal from becoming a danger to persons or property, or from trespassing upon the property of another. The animal is hereby declared a nuisance and may be taken up and impounded or confined, as provided in article 10 of this chapter.

Chapter 6

Article 3, Part 4, Section 402 7.3.402: PURPOSE AND SPECIFIC REQUIREMENTS OF THE SPECIAL PURPOSE ZONE DISTRICTS:

* * * B. PK - Public Parks: The public parks zone district is intended for land set aside for use as public recreation and open space. These parks may include playground equipment, athletic fields, tennis courts, swimming pools, and other facilities and programmed activities normally associated with public parks. Parks may also be reserved for natural or environmental reasons, such as preservation of wildlife, vegetation or significant natural or historic resources. The establishment of a park zone shall follow procedures outlined in article 5, part 6 of this chapter. Subsequently, all development activities associated with a particular PK zone shall be in accord with a parks master plan for that zone district which shall be reviewed and approved at a public hearing by the Parks and Recreation Advisory Board. The decision of the Board may be appealed to the City Council or the appropriate governmental agency in conformance with procedures in section 7.5.1007 of this chapter. The Board or the City Council may add protective restrictions regarding setbacks from adjacent uses or property lines or the location and amount of parking to the approval of the master plan. Amendments to the parks master plan shall follow the procedure required for the original plan. The Director of Parks, and Recreation and Cultural Services shall prepare procedures and guidelines for the preparation and administrative processing of parks master plans. In addition, public parks not under the City Parks, and Recreation and Cultural Services Department may use this zone as designated parks.

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Chapter 7

Article 7, Part 1, Multiple Sections 9.9.101: DAMAGE TO PARK PROPERTY: It is unlawful for any unauthorized person to injure, deface, destroy, sever, apply graffiti or remove any park property. 9.9.103: DAMAGE TO TREES, GRASS: A. It is unlawful for any unauthorized person to attach any rope, wire or other contrivance to any tree or plant in any park. B. It is unlawful to drive any vehicle upon any non-designated road or parking area of any park property. C. It is unlawful to dig or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area in any park.

Chapter 9

9.9.106: CULTURAL, ARCHAEOLOGICAL, GEOLOGICAL, PALEONTOLOGICAL RESOURCES: It is unlawful for any unauthorized person to injure, deface, destroy or remove any cultural, archaeological, geological or paleontological resource from any park property. 9.9.107: METAL DETECTING: A. It is unlawful for any person participating in metal detecting to injure, deface, destroy, or disturb any grass areas or retain any articles found in the conduct of this activity. B. Metal Detecting is the act of using an electronic instrument consisting of a sensor probe which can be swept over the ground or other objects to detect the presence of metal objects that may be hidden within objects, or metal objects buried underground. 9.9.108: MECHANICAL GOLD PANNING: It is unlawful for any person to use a mechanical device to assist in the act of gold panning in any stream or waterway located within any park area.

Chapter 9

Chapter 9

9.9.202: REFUSE, LITTER, TRASH: It is unlawful for any person to bring in or to dump, deposit or leave any refuse, litter, or trash including but not limited to, bottles, broken glass, discarded vegetation including landscape waste, such as grass clippings, tree or shrub limbs, but not limited to, Christmas trees, ashes, paper, boxes, cans, dirt, cigarette butts rubbish, waste, garbage, refuse or any other trash in any park. No person shall place these materials, refuse, litter or trash in any waters in or contiguous to any park, or leave any refuse, litter or trash anywhere on the grounds of the park. 9.9.301: ANIMAL DEFECATION: It is unlawful for any person to allow any domestic animal over which the person has control to defecate upon any park land without the excrement being removed by the person in control of the animal from the park and properly disposed of elsewhere. The Park ManagerDirector may designate areas of the parks where the rule does not apply.

Chapter 9

9.9.302: DOGS, DOMESTIC ANIMALS AT LARGE:

A. It is unlawful for any person to lead or allow to be loose any animal upon park premises; dogs, however, may be led or carried but not allowed loose. Dogs may be loose but under the control of the owner or keeper in those areas which are clearly marked by signs bearing the words, "Dogs Permitted Without Leash If Under Control" designated as dog parks or off leash areas. Nothing in this section shall be construed as permitting the running of dogs at large. All dogs in those areas where the animals are permitted without leashes shall be under control at all times.

B. In any dog recreation area dog park or off leash area designated by the Park Manager Director in which dogs are permitted without leashes, it is unlawful for any person: 1. To intentionally, knowingly or recklessly lead, bring or release any other type or species of animal into or upon the confined or fenced dog recreation area park or off leash area; or 2. To fail to obey any posted rules, regulations or guidelines for use of the fenced dog park or off leash area recreation area. 3. To bring a dangerous animal into a fenced dog park or off leash area as defined in Section 6.7.102. 4. To allow a minor child into a fenced dog park or off leash area without an accompanying adult.

9.3.303: HOOFED ANIMALS: It is unlawful for any person to ride or walk any "hoofed animal" as defined in chapter 6 of this Code in any area in any park except on trails designated as hoofed animal trails a multi-purpose urban or multi-purpose park trail by the Park ManagerDirector, and except on ceremonial occasions as designated by the Park ManagerDirector. It is unlawful for any person to ride or permit to be ridden a hoofed animal in any park without a permit when a permit is required by the Director. 9.9.401: SWIMMING; SKATINGPARK WATER ACTIVITIES: A. It is unlawful for any person to swim, bathe or wade in any waters or waterways in or adjacent to any park, except in waters, at places and at times as are authorized by the Park ManagerDirector. Any person desiring to use the waters for other activities, except boating, shall first secure a temporary park permit from the Park ManagerDirector. No person shall frequent any waters or places customarily designated for the purpose of swimming, bathing, skin or scuba diving, or congregate at these places when the activity is prohibited by the Park ManagerDirector upon finding that the use of the water would be dangerous to the health, welfare and safety of the public. B. It is unlawful for any person to go out onto the ice of any waters in or adjacent to any park unless the movement is permitted by the Park ManagerDirector.

Chapter 9

9.9.402: PICNIC AREAS: B. It is unlawful for any person to use that portion of the picnic areas in any park or of any buildings or structures in any park for the purpose of holding picnics to the exclusion of other persons without a permit, nor shall any person use picnic areas and facilities for an unreasonable time if the facilities are crowded without a permit. 9.9.403: FIRES AND FIREPLACES FIREWORKS: A. It is unlawful for any person to build a fire in any fireplace in any park except as provided in subsection B of this section. B. It is unlawful for any person to build or attempt to build a fire in any park except in areas and in facilities and under regulations as may be promulgated by the Park ManagerDirector, provided that this prohibition shall not apply to the use of charcoal in charcoal propane grills for purposes of preparing a meal. C. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other inflammable material, within any park area or on any highway or road contiguous to any park area. D. It is unlawful to use charcoal grills in any park area. E. It is unlawful to shoot or ignite any firework in any park without a permit.

Chapter 9

9.9.405: FISHING; LIMITATIONS: A. It is unlawful for any person to fish in any of the waters of the parks except in those areas designated by the ManagerDirector. B. It is unlawful to fish without possessing a current fishing license issued by the State Division of Parks and Wildlife. C. In those areas designated by the ManagerDirector, it is unlawful for any person to catch or take more than the number of fish allowed under current State Division of Parks and Wildlife limits. The possession of more than the authorized limit by a person at or in the immediate vicinity of the designated areas shall be prima facie evidence that the fish were illegally taken by the person. 9.9.406: GAMES, ATHLETIC ACTIVITIES: A. It is unlawful for any unauthorized person to take part in or abet the playing of any games involving the propulsion of objects such as throwing, controlling or otherwise propelling of objects such as stones, arrows,or javelins or model airplanes in any park except in areas set apart for these forms of recreation. B. The playing of organized games such as football, baseball or horseshoes is prohibited except on the fields and courts or areas provided.

Chapter 9

9.9.409: FIREARMS; DISCHARGE:

B. It is unlawful for any person to fire or discharge any firearm within any park. The discharge of firearms using only blank ammunition by members of any permitted historical re-enactors, members of any military company when on parade, or when engaged in an official ceremony, and under the command of the commanding officer, or as authorized by the Director through a temporary park permit, or the lawful discharge of any firearms by a peace officer, shall not be deemed a violation of this section.

9.9.412: ROCKETS, DRONES, AIRCRAFT:

It is unlawful for any unauthorized person to operate any rockets, drones, model airplanes, or radio controlled aircraft in any park except in areas set apart for these forms of recreation.

**Until further direction is finalized

Chapter 9

10.12.101: STOPPING, STANDING OR PARKING REGULATIONS:

R. Within a bus stop or taxicab stand.;

S. In bicycle lanes.

10.12.106: STOPPING, STANDING OR PARKING IN CITY PARKS:

It shall be unlawful for any person to stop, stand or park a vehicle anywhere within a City park between the hours of eleven o'clock (11:00) ten o’clock 10:00 P.M. and five o'clock (5:00) A.M., or during the time any park is closed pursuant to section 4.2.103 of this Code; and, no person shall allow, permit or cause a vehicle to remain stopped, standing or parked anywhere within a City park between the hours of eleven o'clock (11:00) ten o’clock 10:00 P.M. and five o'clock (5:00) A.M.; except that when a permit is issued pursuant to section 4.3.101 of this Code.

Chapter 10

Chapter 10

10.27.103: PARKING OF VEHICLES: B. Improper Parking: It shall be unlawful for any person to park at any time on any road

within the park so as to block bicycle lanes or vehicular traffic in either direction. 10.27.104: BICYCLES: It shall be unlawful for any person to ride a bicycle within any park on other than a paved or improved dirt vehicular road or path specifically designated for bicycle traffic. A bicyclist shall be permitted to walk a bicycle over any grassy area, wooded trail or on any other area reserved for pedestrian use.

Discussion and Questions