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(a) It shall be unlawful for any person to make or cause or permit to be made any excavation or opening in or under the surface or pavement of any City-owned property or any street, alley or sidewalk in the City without first having obtained and having in force a permit.

(b) In the case of an actual emergency, it shall be lawful to make such excavation without a permit in order to repair utilities if a present danger to life or property exists, upon condition that an engineering inspector be notified of any such emergency excavation within twenty-four (24) hours of the commencement of work.

(Code 1972, § 95-1; Ord. No. 181, 1998, § 1, 10-20-98; Ord. No. 004, 2007, § 2, 2-6-07)

Sec. 23-17. Application for permit; contents and conditions.

Any person desiring to obtain a permit for such excavations shall make written application therefor to the City Engineer on the form prepared and provided by the City.

(Code 1972, § 95-2; Ord. No. 181, 1998, § 1, 10-20-98)

Sec. 23-18. Fees for permits, inspections and pavement impacts.

(a) The applicant for an excavation permit shall remit to the City a nonrefundable application fee in such amount as may be established by the City Manager pursuant to Chapter 7.5, Article I of this Code.

(b) If the application for the excavation permit is approved, the applicant shall, prior to the issuance of said permit, remit to the City a fee for inspection of the work to be completed by the applicant in such amount as may be established by the City Manager pursuant to Chapter 7.5, Article I of this Code.

(c) In addition, prior to the issuance of the excavation permit, the applicant shall remit to the City a pavement impact fee in an amount sufficient to compensate the City for the cost reasonably calculated to be incurred by the City because of the reduction in pavement life caused by the excavation and subsequent patching of the pavement. Said fee shall be in the amount specified in Chapter 7.5, Article IV of this Code.

(Code 1972, § 95-3; Ord. No. 153, 1989, 12-19-89; Ord. No. 181, 1998, § 1, 10-20-98)

Sec. 23-19. Bond and insurance.

Every applicant for an excavation permit shall comply with the bonding and insurance requirements set forth in §§ 15-363 and 15-364 of this Code.

(Code 1972, § 95-4; Ord. No. 181, 1998, § 1, 10-20-98)

Sec. 23-20. Requirements for performance of work.

(a) Anyone making an excavation by virtue of a permit issued under this Article shall do the work in accordance with the current version of the "Larimer County Urban Area Street Standards."

(b) Occupants of neighboring properties which will be directly affected by the work shall be notified in writing by the applicant at least twenty-four (24) hours in advance of commencement of the work as to the nature and extent thereof.

(Code 1972, § 95-5; Ord. No. 163, 1986, § 95-6(B), 11-4-86; Ord. No. 181, 1998, § 1, 10-20-98; Ord. No. 186, 2000, § 2, 1-2-01)

Sec. 23-21. Permittee liable in case of nonconformance.

(a) If any permit holder fails to do anything required hereunder, the City Engineer may cause the required work to be done by others, and the cost shall be charged to the holder of the excavation permit and the permit holder shall be liable for such cost.

(b) The City Engineer shall notify the permittee of any defects in any excavation made pursuant to the provisions of this Article and if action to correct such defects is not taken within twenty-four (24) hours of notification, the City Engineer may take action on the performance bond to correct any such defects and deny issuance of any additional permits until another bond has been filed as provided in Chapter 15, Article XIII of this Code.

(Code 1972, § 95-11; Ord. No. 181, 1998, § 1, 10-20-98)

Sec. 23-22. Permittee liable for injuries to person or property.

Every permit holder acting under a permit issued pursuant to this Article shall be responsible to anyone for any injury to person or property by reason of the work done under the permit and shall indemnify and hold the City harmless from any expenses, costs, claims or other charges or fees arising out of such work. The permit holder shall be responsible for adequately protecting the work, the surrounding property and the public and shall adequately safeguard the work regardless of whether any specific requirements in connection with the work are made by the City Engineer.

(Code 1972, § 95-12; Ord. No. 181, 1998, § 1, 10-20-98)

Secs. 23-23—23-45. Reserved.

ARTICLE III.
OBSTRUCTIONS AND ENCROACHMENTS*

DIVISION 1. GENERALLY

Sec. 23-46. Limitations.

No encroachment or obstruction whatever other than that provided for by law or by this Article or some other City ordinance shall be made or placed upon any City property or any street, alley or sidewalk in the City.

(Code 1972, § 95-15; Ord. No. 004, 2007, § 3, 2-6-07)

Secs. 23-47—23-60. Reserved.

DIVISION 2. OBSTRUCTIONS

Sec. 23-61. Permit required; application.

Any person desiring to occupy any City property or any portion of a street, alley or sidewalk in the City in connection with the erection, construction, remodeling or demolition of any building or improvement on property abutting or adjacent thereto shall make written application to the Planning Development and Transportation Director for a permit on a form prepared and provided by the City.

(Code 1972, § 95-16(A); Ord. No. 004, 2007, § 4, 2-6-07, Ord. No. 082, 2007, 8-21-07)

Sec. 23-62. Contents of application.

(a) The application shall contain the following information:

(1) The applicant's name, address and telephone number;

(2) The City property, street, alley or sidewalk affected and the extent affected;

(3) The address of the property on which the work is to be done;

(4) The reason for the obstruction;

(5) The amount of time the permit is needed.

(b) The applicant shall agree in making the application to be bound by all of the provisions of this Article and the rules and regulations established by the Planning Development and Transportation Director.

(Code 1972, § 95-16(A), (B)(1); Ord. No. 004, 2007, § 5, 2-6-07, Ord. No. 082, 2007, 8-21-07)

Sec. 23-63. Fees.

(a) A fee shall be charged for each application filed under this Section for the following:

(1) Sidewalks; metered and time limit parking. The fee for the first fifty (50) feet shall be a base fee of ten dollars ($10.) plus an additional fee of five dollars ($5.) for each additional ten (10) feet.

(2) Unrestricted parking areas. The fee shall be five dollars ($5.) per space or portion thereof per month with a minimum charge of ten dollars ($10.).

(3) Single parking space. The fee shall be one dollar ($1.) per space or portion thereof per day with a minimum charge of ten dollars ($10.).

(4) The minimum charge on all permits shall be ten dollars ($10.) per month.

(b) For purposes of this Section, a space is defined as twelve (12) feet of frontage for diagonal parking and twenty-two (22) feet of frontage for parallel parking.

(Code 1972, § 95-16(B)(1), (2))

Sec. 23-64. Term of permit; renewal and revocation.

(a) No permit required under this Article shall be issued for a period of more than ninety (90) days, provided that the Planning Development and Transportation Director may renew any such permit for additional ninety-day periods upon written application and payment of the applicable renewal fee as provided in § 23-63.

(b) Any permit issued under this Article may be revoked by the Planning Development and Transportation Director if the holder violates any of the provisions of this Article or the rules and regulations of Transportation Services or if the work allowed by the permit unduly interferes with pedestrian or vehicular traffic.

(Code 1972, § 95-17, Ord. No. 082, 2007, 8-21-07)

Sec. 23-65. Surety bond required; conditions.

Any person applying for a permit under this Article shall file with the City an acceptable corporate surety bond in the amount of ten thousand dollars ($10,000.) conditioned on the faithful performance of the work in accordance with the rules and regulations of the City and the Code, and the terms of the permit and indemnifying and holding harmless the City against and from all damages or claims for damages, loss, costs and charges or expenses that may be brought against it by any person on account of injury to persons or property resulting from or occasioned by the occupation of the City property or the street, alley or sidewalk that is the subject of the permit.

(Code 1972, § 95-18; Ord. No. 004, 2007, § 6, 2-6-07)

Sec. 23-66. Protection of pedestrian and vehicular traffic; walkways and markings.

The holder of any permit issued under this Article shall provide the fencing the Planning Development and Transportation Director requires to protect pedestrian and vehicular traffic. If required, the permit holder shall build and maintain a good and substantial protected walkway around the obstruction. The permit holder shall adequately light and mark the obstruction to protect pedestrian and vehicular traffic.

(Code 1972, § 95-19; Ord. No. 004, 2007, § 7, 2-6-07, Ord. No. 082, 2007, 8-21-07)

Sec. 23-67. Adequate drainage and access to fire hydrants required.

Any person holding a permit issued under this Article shall take such measures as may be required to insure that adequate drainage is maintained around the obstruction. All fire hydrants shall be kept clear of all building materials, rubbish and other obstructions, and easy access to such hydrants shall be provided and such fire hydrants shall be kept clear at all times.

(Code 1972, § 95-20)

Sec. 23-68. Removal of obstruction upon completion of work.

Upon completion of the work, the permit holder shall remove all obstructions, materials, debris and rubbish within ten (10) days.

(Code 1972, § 95-20)

Sec. 23-69. Permittee liable in case of nonconformance.

If any permit holder fails to do anything required hereunder, the Planning Development and Transportation Director may cause the work to be done, and the cost shall be charged to the holder of the permit and the holder of the permit shall be liable for such costs.

(Code 1972, § 95-21, Ord. No. 082, 2007, 8-21-07)

Secs. 23-70—23-80. Reserved.

DIVISION 3. ENCROACHMENTS

Sec. 23-81. Permit required; application.

Any person desiring to place or erect a building, fence, barrier, post or other obstructions or encroachments within any City-owned property or any street, avenue, alley, sidewalk, highway or public right-of-way in the City shall file a written application for a permit upon a form prepared and provided by the City. The provisions of this Division shall not apply to special events as defined in § 23.5-2 of this Code.

(Code 1972, § 95-22; Ord. No. 11, 2001, § 1, 2-6-01; Ord. No. 048, 2004, § 1, 4-6-04; Ord. No. 210, 2006, § 1, 1-16-07)

Sec. 23-82. Contents of application.

(a) The application for a permit shall contain the following:

(1) The applicant's name, address and telephone number;

(2) The location of the proposed encroachment, obstruction or other structure;

(3) The type of encroachment, obstruction or other structure;

(4) The purpose of the proposed encroachment, obstruction or other structure;

(5) A statement that the applicant agrees to abide by the provisions of this Division.

(6) A description of the proposed encroachment sufficient to fully inform the City Manager of the character and physical attributes of the encroachment as necessary for the City Manager to perform a complete and competent investigation of the application under the criteria contained in Subsection 23-83(a).

(7) The anticipated duration (term) of the proposed encroachment.

(8) Evidence of the applicant's ability and willingness to provide liability insurance insuring the City in a sum not less than one million dollars ($1,000,000.), proof of which insurance shall be provided to the City prior to issuance of the permit, unless the requirement to provide such insurance is waived by the City Manager.

(b) If the proposed encroachment is for the purpose of serving food and/or beverages for consumption within the encroachment area as an extension, accessory or complement to an adjoining business, the application shall also contain:

(1) Evidence of the applicant's ability and willingness to provide liability insurance insuring the City in a sum not less than one million dollars ($1,000,000.), proof of which insurance shall be provided to the City prior to issuance of the permit; and

(2) A statement that the applicant is the fee owner of the real property directly adjoining the property upon which the encroachment is sought, or, if the applicant is not the fee owner of such real property, then the adjoining property owner's written consent to the encroachment.

(Code 1972, § 95-22; Ord. No. 11, 2001, § 2, 2-6-01; Ord. No. 158, 2001, 11-6-01; Ord. No. 048, 2004, § 2, 4-6-04; Ord. No. 210, 2006, § 2, 1-16-07)

Sec. 23-83. Investigation of application information; fee; permit modification and revocation.

(a) The application shall be made to the City Manager. The City Manager shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit. In order for an application for an encroachment for the purpose of serving food and/or beverages as referenced in Subsection 23-82(b) to be approved, the applicant for the proposed encroachment, obstruction or other structure must be the fee owner of the real property directly adjoining the property upon which the encroachment is sought, or must have obtained and submitted with the application the written consent of such fee owner. In order for an application for an encroachment for wireless telecommunication equipment or facilities (as those terms are defined in Article 5 of the Land Use Code) to be approved, the applicant must show to the satisfaction of the City Manager that the applicable criteria contained in Section 3.8.13 of the Land Use Code have been met. Additionally, the proposed encroachment, obstruction or other structure shall not, in the judgment of the City Manager, constitute a nuisance or destroy or impair the use of the property by the public or constitute a traffic hazard. No permit shall be issued unless the City Manager determines that the foregoing criteria have been met. In investigating the application, the City Manager may consult with such City departments as he or she deems necessary to determine whether the application should be approved. If the City Manager determines that the property proposed for the encroachment permit is not needed for use by the public and that all submittal requirements of the application are complete, the City Manager may issue the permit for such duration and upon such other terms and conditions as the City Manager determines are necessary to protect the public welfare. As a condition of the issuance of any permit for the purpose of serving food and/or beverages, as referenced in Subsection 23-82(b), the permittee shall annually provide to the City Manager proof of uninterrupted liability insurance coverage in the amount required in said Subsection, naming the City as an insured party.

(b) Modification of a permit shall be required of the applicant if there is any change in the size or configuration of the area that is the subject of the permit and/or any change to any structure that was required or specifically authorized by the City upon the issuance of the permit.

(c) At the time of issuance of a permit hereunder, and at the time of any modification of such permit, the applicant shall pay a fee to help defray the costs incurred by the City in processing and administering the permit including, without limitation, the cost of inspecting the premises that are the subject of the application. The amount of said fee shall generally be determined by the City Manager, pursuant to the provisions of Article I of Chapter 7.5; provided however, that the amount of the fee for encroachments for newsracks or other constitutionally protected speech shall be fixed at ten dollars ($10.) per year.

(d) Encroachment permits issued pursuant to this Division are authorized under Article XI, Section 10 of the Charter. Accordingly, any such permit shall be revocable at the pleasure of the City Council or the City Manager, whether or not such right to revoke is expressly reserved in such permit. The applicant shall not be entitled to the refund of any fee upon such revocation.

(e) If the encroachment is for newsracks, the City Manager's decision whether to issue or deny issuance of the permit shall be made within fifteen (15) days following the date that a complete application was submitted to the City. With the exception of newsracks, no privately owned, unattended displays designed or intended to convey a meaning or message shall be permitted as encroachments under this Division.

(Code 1972, § 95-23; Ord. No. 11, 2001, § 3, 2-6-01; Ord. 158, 2001, 11-6-01; Ord. No. 210, 2006, § 3, 1-16-07)

Sec. 23-84. Notice to remove encroachment.

(a) Whenever any encroachment, obstruction or structure is made or located contrary to the terms of the permit or without a permit or at such time as the permit is revoked as provided for in this Division, the City Manager shall give notice to the person who made or located such encroachment, obstruction or structure or caused or permitted it to be done or who owns or controls the premises with which such encroachment, obstruction or structure is connected to remove such encroachment, obstruction or other structure. It shall be removed within ten (10) days after notice.

(b) It shall be unlawful for any person to continue any encroachment, obstruction or other structure for a period of ten (10) days after receipt of the notice provided for in this Section.

(Code 1972, § 95-24; Ord. No. 11, 2001, § 4, 2-6-01)

Sec. 23-85. Noncompliance with notice; removal of encroachment.

(a) If any notice given under § 23-84 is not complied with, the City Manager is hereby authorized and empowered to cause the removal of the encroachment, obstruction or structure.

(b) Upon completion of such removal, the City Manager shall certify to the Financial Officer the cost of such removal, and the Financial Officer shall send by certified mail addressed to the owner of the premises with which the obstruction is connected a notice of such removal and the cost incurred for such work, together with a statement that the cost of the work will be assessed against the owner's lot, tract or parcel of land if such cost is not paid to the City within ten (10) days after mailing of such notice.

(c) If such person fails to make payment within the ten-day period, the City shall make the assessment by ordinance against the lot, tract or parcel of land in connection with which the encroachment, obstruction or structure was made, and such assessment shall be certified to the County Treasurer for the purpose of having it placed upon the tax rolls and collected in the manner provided for the collection of general taxes.

(Code 1972, § 95-25)

Sec. 23-86. Penalty.

The failure of any permittee to comply with the terms of such permit or to vacate the permitted premises upon revocation of the permit, whether for cause or without cause, shall be deemed to constitute a violation of the Code and shall be punishable in accordance with § 1-15.

(Ord. No. 11, 2001, § 5, 2-6-01)

Secs. 23-87—23-89. Reserved.

DIVISION 4. NEIGHBORHOOD ENTRY SIGNS

Sec. 23-90. Definitions.

The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section:

Qualified neighborhood organization shall mean an organization which: (1) represents a neighborhood area with identifiable geographic boundaries; (2) represents a neighborhood area having at least two hundred (200) existing households within its geographic boundaries; (3) has at least one (1) elected representative; and (4) makes membership in the organization available to all residents and property owners within the geographic boundaries of the neighborhood.

(Ord. No. 193, 1999, § 1, 1-4-00)

Sec. 23-91. Permits.

Any qualified neighborhood organization desiring to erect a neighborhood entry sign upon any City property or any street, alley or sidewalk in the City shall file a written application for a permit upon a form prepared and provided by the City. Only established, qualified neighborhood organizations may apply for and obtain a permit for neighborhood entry signs. Permits shall not be issued under this Division to residential developments that are being processed for development review and approval under the Land Use Code or the Transitional Land Use Regulations.

(Ord. No. 193, 1999, § 1, 1-4-00; Ord. No. 004, 2007, § 8, 2-6-07)

Sec. 23-92. Contents of application.

The application for a neighborhood entry sign permit shall contain all information required on the form provided by the City including, without limitation, the following:

(1) The name, address and telephone number of the qualified neighborhood organization and the person to be contacted representing said organization.

(2) The names of the streets or other identifiable features that define the boundary of the neighborhood.

(3) The proposed location of the neighborhood entry sign or signs (not to exceed four [4]) including the names of the intersections and the direction of travel.

(4) A detailed description of the sign(s) proposed to be used for neighborhood entry (or entries) including the size, shape, types of materials used in the construction of the sign structure (including the sign blank and the legend), color and types of mount. This description shall include a detailed drawing of each proposed sign showing the exact sign placement.

(5) A statement that the applicant agrees to abide by the provisions of this Division.

(Ord. No. 193, 1999, § 1, 1-4-00)

Sec. 23-93. Standards and criteria.

All neighborhood signs permitted pursuant to this Division shall conform to the following standards and criteria:

(1) Neighborhood entry signs in, adjoining or adjacent to a residential area shall be harmonious with and reflect the residential character of the area.

(2) One (1) single-faced sign, one (1) double-faced sign or two (2) single-faced signs bearing identical copy (with no sign face being larger than twenty-four [24] square feet) may be permitted to identify the name of a neighborhood at each of the neighborhood's major entrances.

(3) The top of any such sign shall be no more than five (5) feet above ground level.

(4) The word "neighborhood" must be included in the sign copy.

(5) The sign shall not have internal or external lighting.

(6) A maximum of four (4) major entrances into a neighborhood may be permitted for signs for any qualified neighborhood organization.

(7) The applicant must show to the satisfaction of the City that it has formally established an organization which is ready, willing and able to maintain the sign. The sign must, at all times, be kept in a well-maintained and proper condition.

(8) The following sight distances must be maintained for any neighborhood entry sign in the right-of-way:

Type of Street	Safe Sight Distance (feet)
Arterial	500
Collector	400
Local	300

(9) The cost of the design, installation and maintenance of the neighborhood entry sign or signs shall be borne by the qualified neighborhood organization.

(10) Prior to installation of any neighborhood entry sign, all "utility locates" must be performed.

(Ord. No. 193, 1999, § 1, 1-4-00)

Sec. 23-94. Investigation of application; permit fee; revocation.

(a) The application for a permit for a neighborhood entry shall be made to the City Engineer. The City Engineer shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit shall determine that the applicant is a qualified neighborhood organization and that the proposed neighborhood sign does not constitute a nuisance or destroy or impair the use of the right-of-way or any City property by the public or constitute a traffic hazard and complies with all standards and criteria of this Division. In investigating whether the application for a neighborhood entry sign conforms to the standards and criteria of this Division, the City Engineer shall consult with the Traffic Engineer, the Director of Current Planning and the City Neighborhood Resources office.

(b) At the time of issuance of a permit hereunder, the applicant shall pay a fee of twenty-five dollars ($25.) for each neighborhood entry sign proposed to be constructed.

(c) Neighborhood entry sign permits issued pursuant to this Division are authorized under Article XI, Section 10 of the Charter. Accordingly, any such permit shall be revocable at the pleasure of the City Council or the City Engineer, whether or not such right to revoke is expressly reserved in such permit.

(d) Whenever any neighborhood entry sign is made or located contrary to the terms of the permit or without a permit or contrary to the terms of this Division, or at such time as the permit is revoked as provided for in this Division, the City Engineer shall give notice to the person or qualified neighborhood organization who made or located such neighborhood entry sign requiring the removal of such neighborhood entry sign. Said sign shall be removed within thirty (30) days following the date of delivery of such notice.

(Ord. No. 193, 1999, § 1, 1-4-00; Ord. No. 004, 2007, § 9, 2-6-07)

Sec. 23-95. Noncompliance with notice; removal of encroachment.

If any notice given under § 23-94 is not complied with, the City Engineer is hereby authorized to cause the removal of the neighborhood entry sign(s) and to collect the cost of such removal and disposal from the permittee, and may commence such legal actions as may be necessary or appropriate for the purpose of collecting such costs.

(Ord. No. 193, 1999, § 1, 1-4-00)

Secs. 23-96—23-100. Reserved.

ARTICLE IV.
DISPOSITION OF PROPERTY*

DIVISION 1. GENERALLY

Secs. 23-101—23-110. Reserved.

DIVISION 2. REAL PROPERTY

Sec. 23-111. Authorization to sell real property.

(a) The City Council is hereby authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City, whether the interest in real property is obtained by tax deed or otherwise, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City.

(b) With respect to real property which is a part of the City's water or utility systems, the City Council must also find that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the City.

(c) With respect to the sale of a certificate of purchase obtained by the City pursuant to § 22-97, if such certificate of purchase is to be sold and assigned for less than its face value, the City Council must authorize such sale and assignment in accordance with Subsection 23-111(a). Prior to City Council approving such sale, however, the City must give notice to all persons having any interest in the property for which the certificate of purchase was issued or having any interest in the proceeds of the proposed sale. Such notice shall be given by publication once each week for two (2) successive weeks in an official newspaper published in the City. Written notice shall also be given by mail within ten (10) days after the first publication, postage prepaid, first class mail, to all governmental taxing units having taxes or other claims against the property, and to the last known address of all record interest holders in the property. In addition, if such sale and assignment will, in the judgment of the Financial Officer, impair in any way the payment of any principal or interest owing under the bonds which are paid with assessments collected from the property described in the certificate of purchase, then such written notice shall also be given to the bondholders. Notice to bondholders shall be mailed, in the case of registered instruments, to those names and addresses which are recorded on the registration books of the City or, in the case of bearer instruments, to those names and addresses which may be otherwise known to the City. The date of sale of any certificate of purchase for which notice is required under the provisions of this Section shall be not less than thirty (30) days nor more than forty-five (45) days after the date of first publication of the notice. Notwithstanding the foregoing, the City's Financial Officer may sell certificates of purchase without notice or formal approval by the City Council when such sale is made in the manner and on the terms provided in § 22-97.

(d) The Planning and Zoning Board may, without formal approval by the City Council, vacate easements and other rights-of-way, except streets and alleys, either by resolution or by approval of replats containing notation of such vacation as provided in Paragraph 2-353(4) of this Code.

(e) The Mayor is authorized to execute all leases, deeds and other instruments of conveyance.

(f) Notwithstanding the foregoing requirements, in the event that the City's procurement of any utility service from a regulated public utility is conditioned upon the grant of rights-of-way for installation of service lines and other improvements directly related to said utility service, the Purchasing Agent may, with the approval of the City Manager, enter into a contract for said utility services and so authorize the conveyance of such rights-of-way as may be necessary for the provision of such utility services to the City.

(Code 1972, § 26-1; Ord. No. 21, 1990, § 1, 4-3-90; Ord. No. 140, 1992, 1-5-93; Ord. No. 035, 2006, 3-7-06)

Sec. 23-112. Real property defined.

Real property, when used in this Division, shall mean lands, lands under water, buildings, permanent structures and any and all easements, incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise.

(Ord. No. 21, 1990, § 2, 4-3-90)

Editor's note—Prior to its repeal and reenactment by § 2 of Ord. No. 21, 1990, adopted Apr. 3, 1990, § 23-112 related to a preliminary resolution by the City Council and was derived from Code 1972, § 26-2.

Sec. 23-113. Form of deeds; signature and seal.

All leases, deeds and other instruments of conveyance executed by "The City of Fort Collins, by the Mayor," and attested by the City Clerk with the official seal of the City affixed thereto and purporting to have been made pursuant to the provisions of this Division shall be deemed prima facie evidence of due compliance with all the requirements of this Division.

(Code 1972, § 26-3; Ord. No. 21, 1990, § 1, 4-3-90)

Sec. 23-114. Leases.

(a) Notwithstanding the provisions of § 23-111 of this Division, the City Council is hereby authorized to lease, for a definite term of two (2) years or less, any and all interests in real property owned in the name of the City, whether the interest in real property is obtained by tax deed or otherwise, provided that the City Council first finds, by resolution, that the lease is in the best interests of the City; provided, however, that any lease having a potential term of more than two (2) years, and any lease, regardless of term, of real property which is a part of the City's water or electric utility systems, must be approved by the City Council in the manner required by § 23-111.

(b) Notwithstanding the provisions of § 23-111 of this Division, the City Manager is hereby authorized to approve and execute lease agreements in real property owned in the name of the City and located at the Fort Collins-Loveland Municipal Airport, provided that:

(1) The use to which the real property is to be put under the lease is an aeronautical or general aviation use or a use which directly augments an aeronautical or general aviation use;

(2) The use to which the real property is to be put is permitted by any land use or zoning codes or regulations applicable to the real property;

(3) The lease and the use to which the real property is to be put are in compliance with all Federal Aviation Administration and state laws, regulations, and agreements applicable to the property to be leased;

(4) The lease provides that the City shall receive a rental amount which is determined by the City Manager to approximate the fair market value for the lease of the real property; and

(5) The real property to be leased is not a part of the City's water or electric utility systems.

(c) Lease, when used in this Section, shall mean a contract by which the City grants to another the right to possess, use and enjoy any real property owned by the City for ten (10) days or longer, in exchange for the payment of rent in a stipulated amount.

(d) Nothing in this Section shall be construed as prohibiting the City Manager from authorizing, according to the provisions of Chapter 7.5, Article I, fees for the temporary use of City facilities for a period of ten (10) days or less, and such use of City facilities by the feepayer shall not be construed as a lease of those facilities within the meaning of this provision.

(Ord. No. 21, 1990, § 3, 4-3-90; Ord. No. 116, 1997, 8-5-97; Ord. No. 183, 2004, § 1, 12-7-04)

Sec. 23-115. Vacating public right-of-way.

(a) The City Council is authorized to vacate City right-of-way, provided that the City Council first finds, by ordinance, that the right-of-way being considered for vacation is no longer needed for right-of-way purposes, and that it is in the public's interest to vacate the same.

(b) Any person desiring the vacation of City right-of-way shall make written application therefor to the City Engineer on the form prepared and provided by the City Engineer's office. Supporting documentation such as land surveys, legal descriptions, maps and other materials as determined necessary by the City Engineer to properly describe the property to be vacated, or to explain or provide justification for the request, shall be provided with the application.

(c) The applicant for a right-of-way vacation shall remit to the City a nonrefundable application fee in such amount as may be established by the City Manager pursuant to Chapter 7.5, Article I of this Code.

(d) The City Engineer shall route the vacation request to, and solicit comments from, potentially affected utility agencies, City staff, emergency service providers and affected property owners in the vicinity of the right-of-way being proposed for vacation. Upon receipt of such information from potentially affected interests, the City Engineer shall develop a recommendation for approval or denial and shall submit such recommendation to the Planning Development and Transportation Director.

(e) Recommendations of the Planning Development and Transportation Director for approval of a right-of-way vacation shall be forwarded to City Council for its consideration of action by ordinance to vacate the right-of-way. Decisions of the Planning Development and Transportation Director for denial of a right-of-way vacation request shall be delivered in writing to the applicant and may be appealed to the City Manager pursuant to the provisions contained in Chapter 2, Article VI of the Code.

(f) For approved right-of-way vacations, the title to the vacated right-of-way shall vest in accordance with Section 43-2-302, C.R.S.

(Ord. No. 106, 2004, 7-20-04; Ord. No. 004, 2007, § 10, 2-6-07; Ord. No. 082, 2007, 8-21-07)

Secs. 23-116—23-125. Reserved.

DIVISION 3. REAL AND PERSONAL PROPERTY

Sec. 23-126. Surplus and obsolete property; definition.

All items of surplus and obsolete property owned by the City shall be disposed of by public sale or otherwise at the discretion of the Purchasing Agent according to established administrative procedures approved by the City Manager. For the purposes of this Division, surplus and obsolete property shall mean all items of personal property previously purchased by the City or converted to City use through the procedures described in this Division which in the judgment of the Purchasing Agent are no longer useful or necessary for the efficient administration of City affairs.

(Ord. No. 140, 1986, 10-21-86)

Sec. 23-127. Disposition of stolen property.

(a) The provisions in this Division shall control the disposition of all stolen property found, seized or otherwise delivered into the possession of the City and remaining unclaimed by the lawful owner.

(b) Such property shall immediately, upon coming into the possession of the City or as soon thereafter as is practicable, be delivered to the Chief of Police as custodian, who shall keep a record of all such property together with the date when and the place from which the property was obtained.

(Code 1972, § 88-1; Ord. No. 140, 1986, § 88-12, 10-21-86; Ord. No. 018-2007, § 2, 2-6-07)

Sec. 23-128. Disposition of illegal property.

Any property, the possession of which is illegal, including controlled substances or drug paraphernalia which is no longer of any evidentiary value in any pending criminal proceeding and the destruction of which has been authorized by court order pursuant to any applicable provisions of law, may be destroyed by the Chief of Police. For the purposes of this Section, controlled substance and drug paraphernalia shall have the same meaning as those set forth in Sections 12-22-303(7) and 12-22-502(2), C.R.S.

(Ord. No. 140, 1986, § 88-12(A), 10-21-86)

Sec. 23-129. Disposition of perishable or hazardous property.

(a) If any property seized or otherwise obtained by the City is of a perishable nature or of such nature as to make it inadvisable in the opinion of the Chief of Police to retain possession, such property shall be forthwith advertised for sale at public auction with public notice to be published in a newspaper of general circulation throughout the City not less than three (3) days prior to such sale which notice shall contain the date, time and place of such sale and the reason for the immediate sale.

(b) Notwithstanding the foregoing, nothing herein shall preclude the immediate disposal or destruction of property which in the judgment of the Chief of Police, or in the judgment of such other City service director whose service area has obtained the property, presents an immediate danger to the health, safety or welfare of the community if otherwise retained in the possession of the City for the period of time provided for herein or which by reason of its nature, condition or substance is not properly the subject of a sale.

(c) Nothing contained in this Section shall be construed to refer to any impounded animals as may be provided for in any other City ordinance.

(Code 1972, § 88-3; Ord. No. 140, 1986, § 88-12(B), 10-21-86; Ord. No. 018-2007, § 3, 2-6-07)

Sec. 23-130. Disposition of lost, abandoned or other unclaimed property.

Except as otherwise specifically provided for by law or ordinance, any property seized or otherwise obtained by the City and not sold or destroyed as perishable, hazardous or illegal property and which property has not been claimed by or surrendered to the rightful owner may be disposed of in the following manner:

(1) All such property must first be retained for a period of no less than thirty (30) days from the date that possession was acquired by the City;

(2) After the expiration of such period of time and as soon thereafter as is practicable, the purchasing agent must cause to be published once in a newspaper of general circulation in the City a general description of the articles of property to be disposed of, which notice must contain the following information:

a. The fact that a detailed list of each and all articles of such property is available and may be obtained from Purchasing, including the address and the hours during which such list may be obtained;

b. The fact that if such property is not claimed by the rightful owner within ten (10) calendar days from the date of the publication, such property will become the property of the City to be disposed of by public auction or otherwise with the date, place and location of any such public auction to be described therein.

(3) If within ten (10) days from the publication of the notice, no claim for such property described in the notice shall have been made by the rightful owner, such property shall become the property of the City and shall be disposed of in the following manner:

a. Any property which was delivered to the City, the possession or use of which is not illegal or dangerous, may be returned to the person(s) who delivered the same to the City. The City shall thereupon relinquish any claim of ownership to such property and shall thereafter be relieved of any liability to the original owner of such property or any other person;

b. Any other such property may, in the discretion of the Purchasing Agent, be retained and used by the City in the administration of City affairs with the use and distribution of such property to be accomplished by the Purchasing Agent according to established guidelines approved by the City Manager;

c. All other property shall be sold at public auction in the manner and upon the terms described in the above notice, with the proceeds of any such sale or sales to be paid to the Financial Officer to be placed in the general fund of the City after deducting the cost of storage, advertising and selling.

d. Any unclaimed property which is of little or no marketable value may be destroyed.

(4) Notwithstanding any of the foregoing provisions to the contrary, the disposition of firearms or other weapons shall be governed by the following additional provisions:

a. Firearms and other weapons shall be disposed of at the sole discretion of the Chief of Police, who may:

1. Authorize sale or destruction; or

2. Authorize retention for the purpose of training members of Police Services in the safe handling and operation of those weapons. Any firearm so retained shall be rendered inoperable.

b. Sales of firearms shall be restricted to licensed dealers or licensed collectors (licensed under the Federal Gun Control Act of 1988).

(Code 1972, § 88-2; Ord. No. 140, 1986, § 88-12(C), 10-21-86; Ord. No. 102, 1989, § 2, 8-1-89; Ord. No. 130, 2002, § 7, 9-17-02; Ord. No. 018-2007, § 4, 2-6-07)

Secs. 23-131—23-139. Reserved.

ARTICLE V.
CITY FACILITIES GENERALLY

Sec. 23-140. Rules and regulations.

(a) The City Manager is hereby authorized to establish such rules and regulations governing the conduct of the general public's use of facilities owned or operated by the City, excluding streets, sidewalks and other City rights-of-way, as the City Manager may determine are necessary and appropriate to serve one (1) or more of the following purposes:

(1) The protection of such facilities, or any other City property or facility;

(2) The protection of the safety, well-being and property of persons using such facilities;

(3) The protection of the use and enjoyment of such facilities by the general public; or

(4) The needs and objectives of the City in maintaining and operating such facilities, and/or the natural environment in general.

(b) Such regulations may be established for selected individual facilities or groups of facilities, provided that the scope of any regulations shall be clearly stated therein, and shall become effective upon the filing of such regulations with the office of the City Clerk and the posting of a notice of the adoption of the regulations at all public entrances of the affected facilities. Such notice shall include the effective date of the regulations, and notice that the full text of the regulations is on file in the office of the City Clerk and at the affected facilities, and is available for public review. The City Manager, or his or her designee, shall have the power to exclude any and all persons who willfully or knowingly violate any such regulations from the use and benefit of any or all City facilities, subject to any enforcement procedures set forth in such regulations. No such regulations shall be deemed to apply to emergency or law enforcement operations, or to City management and maintenance activities, to the extent their application would impair the performance of the same.

(Ord. No. 34, 2001, § 1, 3-6-01; Ord. No. 004, 2007, § 12, 2-6-07)

Secs. 23-141—23-155. Reserved.

ARTICLE VI.
CEMETERY*

Sec. 23-156. Rules and regulations.

(a) All cemeteries owned by the City shall be operated and maintained in accordance with rules and regulations adopted by the City Council by ordinance.

(b) It shall be unlawful for any person to knowingly violate any provisions of such rules and regulations relating to conduct within the cemeteries.

(Ord. No. 14, 1988, 3-1-88; Ord. No. 020, 2004, 2-17-04)

Sec. 23-157. Unlawful burial.

It shall be unlawful for any person to bury, or cause or permit to be buried, the body of any dead person in any place in the City other than within an authorized cemetery.

(Code 1972, § 42-11)

Sec. 23-158. Abandoned burial spaces.

(a) The right of interment in any unoccupied burial space shall, upon abandonment, revert to the City, as provided below.

(b) Failure to inter in any burial space within fifty (50) years from the date of purchase shall create a presumption that the same has been abandoned. This presumption shall not apply if the perpetual care fee as required by Section 10.2 of the rules and regulations has been paid and a statement has been filed with the Cemetery Office by the owner or the owner's heirs or assigns evidencing an intent to retain the specified burial spaces.

(1) The owner has been notified of the presumed abandonment in writing, mailed to the owner's last known address, by the Cemetery Supervisor, or in the event that the address of the owner and/or his or her heirs cannot be ascertained, notice of such abandonment has been given by publishing the same in a local newspaper once a week for five (5) weeks; and

(2) Neither the owner nor the owner's heirs or assigns have contacted the Cemetery Office and paid the required perpetual care fee within sixty (60) days after the date the notice of abandonment was mailed or after final publication of such notice, whichever is applicable.

(d) Upon abandonment, the City may thereafter sell, transfer and convey the right to interment therein. The funds derived from any sale of an abandoned space shall be deposited in, and become a part of, the Cemetery Fund.

(Ord. No. 100, 2000, § 1, 9-5-00)

Secs. 23-159—23-170. Reserved.

ARTICLE VII.
LIBRARY*

Sec. 23-171. Care and custody.

The City shall have the immediate supervision, care and custody of the Fort Collins public library, which shall be free for the use of the residents of the City subject to reasonable rules and regulations adopted pursuant to § 23-140.

(Code 1972, § 71-6; Ord. No. 140, 1991, § 2, 12-17-91; Ord. No. 34, 2001, § 2, 3-6-01)

Secs. 23-172—23-185. Reserved.

ARTICLE VIII.
MUSEUM**

Sec. 23-186. Care and custody of museum.

The City shall have the immediate supervision, care and custody of the Fort Collins Museum and any collection or other personal property received by the City for display in the museum.

(Code 1972, § 71-9)

Secs. 23-187—23-190. Reserved.

ARTICLE IX.
NATURAL AREAS

Sec. 23-191. Purpose and scope.

This Article establishes the standards for conduct within City-designated natural areas by the general public. The requirements and prohibitions of this Article shall not apply to emergency or law enforcement operations or to City management and maintenance activities to the extent the operation of this Article would impair the performance of the same.

(Ord. No. 27, 1999, § 1, 3-2-99)

Sec. 23-192. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Camping shall mean to sleep or spend the night or reside or dwell temporarily in a natural area, with or without bedding or other camping gear, and with or without shelter, or to conduct activities of daily living, such as eating or sleeping, in such place. Camping shall not include incidental napping or picnicking.

Designated trail shall mean a trail or path within the boundaries of a natural area, whether paved or unpaved, maintained or unmaintained, designated as a trail for use by the public by the posting of signs or by designation on official maps of a natural area.

Director shall mean the Director of Community Planning and Environmental Services of the City.

Group event shall mean an event such as an athletic event, class, fair, festival or other activity that is planned or reasonably expected to include fifteen (15) or more persons, that will include activities other than those expressly authorized in a particular location, such as picnicking in a posted picnic area, and that is reasonably expected to:

(1) Obstruct, delay or interfere with the normal use of any natural area or any trails, viewing stations or other facilities located therein;

(2) Present a risk of negative impact to animal or plant life, or the ecology of any natural area; or

(3) Constitute an event or other special event as the same are defined in § 23.5-2, in which event any applicable requirements of Chapter 23.5 shall also apply.

Hazardous substance shall mean any chemical, compound, substance or mixture that state or federal law designates as hazardous because it is ignitable, corrosive, reactive or toxic, or any petroleum-based substance or by-product, including but not limited to solvents, degreasers, paint thinners, cleaning fluids, pesticides, adhesives, strong acids and alkalis, paints, inks, gasoline, oil and diesel fuel.

Incidental trash shall mean discarded items reasonably and actually used or consumed in the course of appropriate use of a natural area, or packaging from the same, and shall not include household or yard waste, commercial or construction waste, or other waste brought into a natural area for the purpose of disposal of such waste, or any hazardous substance.

Natural area shall mean any area designated and posted by the City as a City natural area, whether within or without the City limits, and shall include any trails to the extent the same are within the boundaries of a natural area.

Service Area shall mean Community Planning and Environmental Services of the City.

Waste shall mean solid or liquid waste, except hazardous substances, whether organic or inorganic, including by way of illustration and not limitation, wastes and materials commonly known as trash, garbage, debris or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, tree limbs, glass, rags, discarded clothes or wearing apparel of any kind, or any other discarded object.

(Ord. No. 27, 1999, § 1, 3-2-99; Ord. No. 130, 2002, § 4, 9-17-02; Ord. No. 018, 2006, § 4, 2-21-06; Ord. No. 191, 2006 § 1, 12-19-06)

Sec. 23-193. Prohibited acts; permits.

(a) It shall be unlawful to:

(1) Discard, dispose or release any waste or hazardous substance of any kind in a natural area or in a manner reasonably likely to result in the entrance of such waste or hazardous substance into or upon a natural area, except for the disposal of incidental trash in receptacles provided by the City for disposal of trash.

(2) Bring any glass container into a natural area or possess the same while in any natural area except when removing containers during site clean-up activities sponsored or permitted by the City.

(3) Bathe or wash any persons or objects in any waters of a natural area, or otherwise in any manner reasonably likely to result in the release of any waste or hazardous substance into any waters of a natural area.

(4) Drive, hit or throw golf balls into or upon a natural area.

(5) Fly a kite within a natural area.

(6) Operate a motorized model boat, car, truck, aircraft or other motorized model vehicle in a natural area.

(7) Launch a model rocket in, onto or over a natural area.

(8) Bicycle, skateboard or skate (in-line or otherwise) in a natural area, except upon a roadway or designated trail.

(9) Knowingly or negligently harass wildlife, or permit or direct a dog, falcon or other animal under one's care or control to harass wildlife, in a natural area, whether or not the same results in injury to such wildlife.

(10) Remove, destroy, mutilate, modify or deface any building, structure, water control device, fence, gate, notice, sign, survey or section marker, tree, shrub or other plant or vegetation, insect, bird or other animal, or any other object, in a natural area, except during site clean-up activities, when taking fish in a manner otherwise permitted under this Article, or as specifically allowed by permit issued pursuant to §§ 23-193 and 23-194.

(11) Possess or consume in a natural area any alcoholic beverage or possess any container, whether open or unopened, that contains or has been used to contain any alcoholic beverage.

(12) Fish in a natural area without a valid license as required by the Colorado Division of Wildlife, or in violation of any requirements of the Colorado Division of Wildlife, or possess a fish taken in violation thereof.

(13) Leave any fire unattended in a natural area.

(14) Operate any boat in waters within a natural area unless the boat contains at least one (1) personal flotation device that is in good and serviceable condition and of a type approved for recreational use by the United States Coast Guard for each person on board. Any such use must also be consistent with Paragraph (d)(2) below.

(15) Ride a horse, bicycle, skateboard or other means of conveyance, or skate, in a reckless or unsafe manner in a natural area.

(16) Violate the following in any natural area:

a. Division 5 of Chapter 4, regarding control of animals;

b. Chapter 9, regarding fire prevention and protection;

c. Chapter 11, regarding hazardous materials transportation;

d. Section 12-37, prohibiting tampering with refuse or rubbish containers;

e. Chapter 17, regarding miscellaneous offenses, including without limitation the discharge of weapons, trespass, loitering and disturbing the peace; and

f. Chapter 23.5, regarding special events.

(17) Fail to comply with any posted yield, right-of-way or other trail use requirement on a trail subject to the provisions of this Article.

(18) Violate any term, condition or requirement of any permit issued pursuant to this Article.

(b) Unless a sign has been posted by the Service Area that the particular natural area or a portion thereof is open for such use, it shall be unlawful to:

(1) Enter upon the ice of any waters of a natural area.

(2) Swim, wade or otherwise enter into any waters of a natural area, or allow any pet animal or any riding or pack animal to do so.

(3) Sled, snow tube, downhill ski or snowboard in a natural area.

(4) Ride a horse in a natural area, other than on or within ten (10) feet of a designated trail, except to the extent unavoidable circumstances require that a horse be ridden beyond this ten-foot limit briefly to avoid imminent danger to other persons.

(5) Climb rocks or boulders with or without ropes, fixtures or other apparatus.

(6) Kick, hit or throw a flying disc, ball or boomerang in, onto or over a natural area, except within a fenced area designated and posted to allow dogs off-leash.

(c) It shall be unlawful to engage in any activity within or upon a natural area when a sign has been posted by the Service Area that the particular area or a portion of the area is closed for such use, based upon a determination by the Service Area that such prohibition is appropriate to protect the safety or well-being of persons or animals; the natural area, related facilities or any other City or public property or facility; the use and enjoyment of said areas or facilities by the general public; the needs and objectives of the City in maintaining and operating the same; and/or the natural environment in general.

(d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to:

(1) Enter a natural area during the hours of 11:00 p.m. to 5:00 a.m., except:

a. As otherwise permitted by a sign posted by the Service Area opening or closing the particular area or a portion of the area for public use for a specified time or during specified hours; or

b. As necessary to participate as a registered or otherwise officially recognized participant in a City-sponsored or permitted event in a natural area.

(2) Operate a motorized boat, other than one with a wakeless, electric trolling motor in a natural area.

(3) Land or launch in a natural area, or fly lower than five hundred (500) feet above a natural area, any type of aircraft, including hot air balloons and hang gliders, except within takeoff or landing airways of a commercial airport or in emergency situations.

(4) Remove, disturb or damage any archaeological, geological or paleontological materials from a natural area.

(5) Remove from a natural area downed trees, logs or groupings of branches or sticks, or disturb or damage any of the same.

(6) Collect seeds, plants or cuttings of trees, shrubs, vines, grasses, wildflowers or other plants in a natural area, or otherwise remove the same from a natural area.

(7) Plant trees, shrubs, vines, grasses, wildflowers or other plants in a natural area.

(8) Construct a structure in a natural area.

(9) Build a campfire, bonfire or other fire in a natural area.

(10) Allow livestock to graze in a natural area.

(11) Feed, or attempt to feed, songbirds, squirrels, ducks, geese or any other wildlife species in a natural area.

(12) Post a notice or sign, including fastening, displaying or depositing cards, posters or other written materials in a natural area, or to erect a display in a natural area, unless such items are incidental to another ongoing permitted activity and are specifically authorized by the permit for such activity.

(13) Conduct or sponsor a group event in a natural area.

(14) Perform a service for commercial gain or sell or offer to sell any item for commercial gain in a natural area.

(15) Deposit rocks, wood, dirt or any other material in a natural area.

(16) Release or otherwise introduce into a natural area an insect, bird or other animal.

(17) Deposit or scatter in a natural area cremated remains of any human or animal origin.

(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 or similar assistive device may be used by any person with temporary or permanent mobility impairment, anywhere in a natural area that public access is allowed.

(19) Camp in a natural area.

(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.

(e) Research or public safety related training activities involving any of the activities prohibited in this Article, including without limitation the training of search and rescue dogs off-leash, may be authorized by the Service Area by permit in accordance with the procedures and standards set forth in § 23-194.

(Ord. No. 27, 1999, § 1, 3-2-99; Ord. No. 212, 2001, § 1, 1-15-02; Ord. No. 31, 2002, §§ 1, 2, 3-5-02; Ord. No. 93, 2003, §§ 1–3, 7-1-03; Ord. No. 018, 2006, § 5, 2-21-06; Ord. No. 191, 2006 §§ 2, 3 12-19-06; Ord. No. 210, 2006, § 4, 1-16-07; Ord. No. 004, 2007, § 13, 2-6-07)

Sec. 23-194. Natural areas permit process.

(a) Any person or organization seeking a permit for the purposes set forth in this Article shall apply for a natural area permit by filing a verified application with the Service Area on a form supplied by the Service Area, except that permit applications for which a routine permit process has been established by the Director under § 23-195 below shall be governed by and processed in accordance with the routine permit process. A fully completed application must be filed with the Director not less than seven (7) business days nor more than ninety (90) business days before the date on which a permitted activity is to commence; provided, however, that the Service Area may accept and process an application that is filed after the filing deadline if, in the judgment of the Director, there are sufficient time and sufficient resources for the Service Area to process and investigate the application and make any preparations necessary for the activity.

(b) The Director shall approve, conditionally approve or deny an application on the grounds set forth in this Subsection, and the Director's action and the basis therefor shall be stated in a written notice to the applicant, no later than five (5) business days after receipt of a fully completed application. The Director may deny any application or impose any reasonable permit conditions or requirements upon the approval of the same in order to protect the safety or well-being of persons or animals; the natural area, related facilities or any other City property or facility; the use and enjoyment of said areas or facilities by the general public; the needs and objectives of the City in maintaining and operating the same; and/or the natural environment in general.

(c) A permit decision by the Director under Subsection (b) above may be appealed to the City Manager pursuant to the appeals procedure set forth in Article VI of Chapter 2 of this Code. If a permit is denied for an activity or event consisting of speech or other expressive conduct that may be protected by the First Amendment to the United States Constitution, the permit applicant shall have the right to seek immediate judicial review of such denial without first appealing such denial to the City Manager.

(Ord. No. 27, 1999, § 1, 3-2-99; Ord. No. 129, 2002, § 11, 9-17-02; Ord. No. 018, 2006, § 6, 2-21-06; Ord. No. 210, 2006, § 5, 1-16-07; Ord. No. 004, 2007, § 14, 2-6-07)

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. Issuance of a permit under any such routine permit process shall be on a first-come, first-served basis. 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.

(Ord. No. 018, 2006, § 7, 2-21-06)

Secs. 23-196—23-200. Reserved.

ARTICLE X.
PARKS, TRAILS AND RECREATION AREAS*

Sec. 23-201. Purpose and scope.

This Article establishes the standards for conduct within City-designated recreation areas and on City-designated trails by the general public. The requirements and prohibitions of this Article shall not apply to emergency response or law enforcement activities, or to City management and maintenance activities to the extent the operation of this Article would impair the performance of the same.

(Ord. No. 28, 1999, § 1, 3-2-99)

Sec. 23-202. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Designated trail shall mean any trail, whether paved or unpaved, maintained or unmaintained, designated by the City as a trail for use by the public by the posting of signs or by designation in the City’s Parks and Recreation Policy Plan, excluding trails within the boundaries of City natural areas or within the curbs of City streets.

Director shall mean the Director of Cultural, Library and Recreation Services of the City.

Group event shall mean an event such as a picnic, class, fair or festival, or other activity, if such event:

(1) Is reasonably expected to include as participants or spectators one hundred (100) or more persons; or

(2) Constitutes an event or other special event as the same are defined in § 23.5-2, in which event any applicable requirements of Chapter 23.5 shall also apply.

Incidental trash shall mean discarded items reasonably and actually used or consumed in the course of appropriate use of a recreation area, or packaging from the same, and shall not include household or yard waste, commercial or construction waste, or other waste brought into a recreation area for the purpose of disposal of such waste, or any hazardous substance.

Recreation area shall mean any area designated and posted by the City as a City park, whether developed or undeveloped, a golf course or a designated trail, whether within or without the City limits.

Service Area shall mean Cultural, Library and Recreation Services of the City.

Waste shall mean solid or liquid waste, except hazardous substances, whether organic or inorganic, including by way of illustration and not limitation, trash, garbage, debris or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, tree limbs, glass, rags, discarded wearing apparel or any other discarded object.

(Ord. No. 28, 1999, § 1, 3-2-99; Ord. No. 130, 2002, § 5, 9-17-02)

Sec. 23-203. Prohibited acts; permits.

(a) It shall be unlawful to:

(1) Operate or park a motor vehicle or 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 or similar assistive device may be used by any person with temporary or permanent mobility impairment, anywhere in a natural area that public access is allowed.

(2) Discard, dispose or release any waste or hazardous substance of any kind in a recreation area or in a manner reasonably likely to result in the entrance of such waste or hazardous substance into or upon a recreation area, except for the disposal of incidental trash generated from activities in the recreation area in receptacles provided and marked for disposal of trash.

(3) Bring any glass container into a recreation area or possess the same while in any recreation area except when removing containers during site clean-up activities.

(4) Bathe or wash any persons or objects in any waters of a recreation area, or otherwise in any manner reasonably likely to result in the release of any waste or hazardous substance in any waters of a recreation area.

(5) Drive, hit or throw golf balls into or upon any recreation area, except City golf courses in accordance with the rules and regulations of the golf courses.

(6) Knowingly or negligently harass wildlife, or permit or direct a dog, falcon or other animal under one's care or control to harass wildlife in a recreation area, whether or not the same results in injury to such wildlife.

(7) Remove, destroy, mutilate, modify or deface any building, structure, water control device, fence, gate, notice, sign, tree, shrub or other plant or vegetation, animal or bird, or any other object in a recreation area, except during site clean-up activities, when taking fish in a manner otherwise permitted under this Article or as specifically allowed by permit issued pursuant to §§ 23-203 and 23-204.

(8) Possess or consume in a recreation area any alcoholic beverage or possess any container, whether open or unopened, that contains or has been used to contain any alcoholic beverage, except on City golf courses in accordance with the rules and regulations of the golf courses, and except where allowed by a special event permit issued by the City’s Liquor Licensing Authority.

(9) Fish in a recreation area without a valid license as required by the Colorado Division of Wildlife, or in violation of any requirements of the Colorado Division of Wildlife, or possess a fish taken in violation thereof.

(10) Fish in any waters on any City golf course.

(11) Leave any fire unattended in a recreation area.

(12) Bicycle on a tennis, volleyball or horseshoe court, or on any golf course except upon a roadway or parking area.

(13) Deposit or scatter cremated remains of any human or animal in a recreation area.

(14) Ride a horse, bicycle, skateboard or other means of conveyance, or skate, in a reckless or unsafe manner in a recreation area.

(15) Violate the following in any recreation area:

a. Division 5 of Chapter 4, regarding control of animals;

b. Chapter 9, regarding fire prevention and protection;

c. Chapter 11, regarding hazardous materials transportation;

d. Section 12-20, prohibiting tampering with refuse or rubbish containers;

e. Chapter 17, regarding miscellaneous offenses, including without limitation the discharge of weapons, trespass, loitering and disturbing the peace;

f. Chapter 23.5, regarding special events; and

g. Fort Collins Traffic Code or Chapter 28, regarding vehicles and traffic.

(b) Unless a sign has been posted by the Service Area that the particular recreation area or a portion thereof is open for such use, it shall be unlawful to:

(1) Enter upon the ice of any waters of a recreation area.

(2) Swim in the waters of a recreation area.

(3) Operate a motorized model boat, car, truck, aircraft or other motorized model vehicle in a recreation area.

(4) Launch a model rocket in, onto or over a recreation area.

(5) Ride or have a horse in a recreation area more than ten (10) feet from a designated trail or roadway, or on any irrigated turf grass, except to the extent unavoidable circumstances require that a horse be ridden or taken into such areas briefly to avoid imminent danger to other persons.

(6) Skateboard or in-line skate, except on a sidewalk, roadway, parking area or designated trail.

(c) No person shall engage in any conduct or activity within or upon a recreation area when a sign has been posted by the Service Area that such conduct or activity is not allowed in the recreation area or a portion of the area, based on a determination by the Service Area that such prohibition is appropriate to protect the safety or well-being of persons, or animals, or to protect or preserve the recreation area and related facilities, or any other City property or facility, the use and enjoyment of the same by the general public, or the needs and objectives of the City in maintaining and operating the same.

(d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to:

(1) Enter a recreation area during the hours of 11:00 p.m. to 5:00 a.m.

(2) Operate a motorized boat in a recreation area.

(3) Land or launch in a recreation area, or fly lower than five hundred (500) feet above a recreation area, any type of aircraft, including hot air balloons and hang gliders, except within takeoff or landing airways of a commercial airport or in emergency situations.

(4) Remove archaeological, geological or paleontological materials from a recreation area.

(5) Collect seeds, plants or cuttings of trees, shrubs, vines, grasses, wildflowers or other plants in a recreation area.

(6) Plant trees, shrubs, vines, grasses, wildflowers or other plants in a recreation area.

(7) Construct a structure in a recreation area.

(8) Light a campfire, bonfire or other fire in a recreation area, except for fires in grills provided by the City or fires in portable grills or stoves on tables provided by the City.

(9) Allow livestock to graze in a recreation area.

(10) Feed, or attempt to feed, songbirds, squirrels, ducks, geese or any other wildlife species in a recreation area.

(11) Post a notice or sign, including fastening, displaying or depositing cards, posters or other written materials in a recreation area, or to erect a display in a recreation area. Even when the posting or displaying of such items is authorized by a permit, no such items shall be left within the recreation area between the hours of 11:00 p.m. and 5:00 a.m.

(12) Conduct or sponsor a group event in a recreation area.

(13) Perform a service for commercial gain or sell or offer to sell any item for commercial gain in a recreation area.

(14) Deposit rocks, wood or dirt in a recreation area.

(15) Camp in a recreation area.

(Ord. No. 28, 1999, § 1, 3-2-99; Ord. 212, 2001, § 2, 1-15-02; Ord. No. 31, 2002, §§ 3, 4, 3-5-02; Ord. No. 62, 2002, § 1, 5-7-02; Ord. No. 16, 2003, § 10, 2-18-03; Ord. No. 053, 2004, § 3, 4-20-04; Ord. No. 210, 2006, § 6, 1-16-07; Ord. No. 004, 2007, § 15, 2-6-07)

Sec. 23-204. Recreation area permit process.

(a) Any person or organization seeking a permit for the purposes set forth in this Article shall apply for a recreation area permit by filing a verified application with the Service Area on a form supplied by the Service Area. An application must be submitted and completed not less than ten (10) business days before the date on which a permitted activity is to commence; provided, however, that the Service Area may accept and process an application that is filed after the filing deadline if, in the judgment of the Director, there are sufficient time and sufficient resources to process and investigate the application and make any preparations necessary for the activity.

(b) The Director shall approve, conditionally approve or deny an application on the grounds set forth in this Subsection. The Director may condition the issuance of any permit by imposing reasonable requirements concerning the time, place and manner in which the proposed activity shall be permitted, and may deny any application or impose any reasonable permit conditions or requirements upon the approval of the same in order to protect the safety or well-being of persons, or animals, or to protect or preserve the recreation area and related facilities, or any other City property or facility, the use and enjoyment of the same by the general public or the needs and objectives of the City in maintaining and operating the same.

(Ord. No. 28, 1999, § 1, 3-2-99; Ord. No. 129, 2002, § 12, 9-17-02; Ord. No. 210, 2006, § 7, 1-16-07; Ord. No. 004, 2007, § 16, 2-6-07)

Secs. 23-205—23-249. Reserved.

ARTICLE XI.
OLD TOWN PLAZA RIGHT-OF-WAY

Sec. 23-250. Closure.

(a) In order to better protect public safety and provide for improved maintenance within Old Town Plaza, certain City-owned property within Old Town Plaza will be closed during the early morning hours of each day. Specifically, that portion of the Linden Street right-of-way that is north of Mountain Avenue right-of-way and south of the Walnut Street right-of-way, as more particularly described in Ordinance No. 162, 2002, shall be closed for use by the public between the hours of 2:00 a.m. and 6:00 a.m. For the purpose of this Section, Old Town Plaza shall mean all publicly owned property within the areas bordered by College Avenue, Mountain Avenue and Walnut Street. The City Manager shall cause notice of such closure to be prominently posted at all entrances to the Old Town Plaza. No person shall enter or remain on property closed to public use under this Section during such hours of closure; provided, however, that in the event that the Downtown Development Authority extends the hours of operation of Old Town Plaza to accommodate an event sponsored or approved by the Downtown Development Authority, the hours of closure of the City-owned property governed by this Section shall coincide with the hours of closure of the property owned by the Downtown Development Authority in the Old Town Plaza.

(b) Subsection (a) of this Section shall not apply to emergency or law enforcement operations or to maintenance activities nor shall it apply to any owner, operator or employee of any business located within, or adjacent to, the Old Town Plaza who is traveling to or from the business property.

(Ord. No. 162, 2002, § 1, 11-19-02)

Secs. 23-251—23-300. Reserved.

ARTICLE XII.
ART IN PUBLIC PLACES

Sec. 23-301. Purpose.

The City recognizes that art is vitally important to the quality of life in the community. This Article is intended to encourage and enhance artistic expression and appreciation and to add value to the Fort Collins community through acquiring, exhibiting and maintaining public art.

The principal goals of the art in public places program are:

(1) To enrich the public environment for both residents and visitors through the visual arts.

(2) To increase public access to works of art and to promote understanding and awareness of the visual arts in the public environment.

(3) To promote a variety of artistic expression in the community.

(4) To contribute to the community's civic pride in its cultural diversity.

(5) To support visual art.

In order to achieve these ends, this Article provides a means to fund the acquisition of works of art by the City, provides a means to select works of art and provides for the display, maintenance, repair and administration of the works of art.

(Ord. No. 20, 1995, § 1, 4-25-95; Ord. No. 47, 1998, § 1, 4-7-98)

Sec. 23-302. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meaning ascribed to them in this Section:

APP reserve account shall mean the art in public places reserve accounts established by this Article.

Art in public places (or APP) shall mean any visual work of art displayed for six (6) months or longer in any outdoor city-owned area, on the exterior of any City-owned facility, inside any City-owned facility in areas open to the public, or on non-City property open to the public if the work of art is financed, either wholly or in part, with City funds or grants procured by the City.

Art in Public Places Board (or APP Board) shall mean the Art in Public Places Board, as established and described in Chapter 2, Article III, Division 4, of this Code.

Art in Public Places Coordinator (or APP Coordinator) shall mean a City staff member designated by the Director of Cultural, Library and Recreation Services as the Art in Public Places Coordinator. The Coordinator will serve the APP Board as City staff liaison.

Art in Public Places Guidelines (or APP Guidelines) shall mean the guidelines, as approved by the City Council, for the selection of works of art; the placement and presentation of works of art; the maintenance, repair and care of works of art; the payment for works of art; and the acceptance of donations of works of art.

Construction project shall mean the construction, rehabilitation, renovation, remodeling, equipping or improvement of any building, structure, street, sidewalk, park, utility or other public improvement by or for the City, including all associated landscaping, parking, design, engineering and all other costs, but excluding the cost of real property acquisition and any improvements made by any special improvement district.

Work of art shall mean and include, but is not limited to, a sculpture, artistic monument, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving or stained glass. Work of art shall not include landscaping, paving, architectural ornamentation or signs, except when commissioned from an artist selected by the City.

(Ord. No. 20, 1995, § 1, 4-25-95; Ord. No. 47, 1998, § 1, 4-7-98)

Sec. 23-303. Accounts established.

(a) There is hereby established a reserve account within the cultural services and facilities fund to be known as the APP reserve account. Said reserve account shall be credited with such funds as the City Council may determine; with all funds from § 23-304, except funds from the light and power, water and wastewater or stormwater utilities; and with all funds received by the City for art in public places, whether contributed, earned, secured through grants or otherwise obtained. Monies credited to such account shall be expended only for the acquisition or lease of works of art, the maintenance, repair or display of works of art, and the expenses of administration of this Article.

(b) There are hereby established separate reserve accounts within the light and power fund, the sewer fund, the water fund and the storm drainage fund to be known as the APP reserve account for each such fund. Said reserve accounts shall be credited with such funds as the City Council may determine and with all funds from § 23-304 that are paid by the utility for which said fund was established. Monies credited to such reserve accounts shall be expended only for the acquisition or lease of works of art that provide a betterment to such utility or that are otherwise determined by the City Council to be for a specific utility purpose that is beneficial to the rate payers of such utility, and for the maintenance, repair or display of such works of art. Any limitations in other provisions of this Code on the purposes for which monies in the light and power fund, the sewer fund, the water fund or the storm drainage fund may be used shall not prohibit the use of monies in the APP reserve account for such fund from being expended for the acquisition or lease of works of art or for the maintenance, repair or display of works of art.

(Ord. No. 20, 1995, § 1, 4-25-95; Ord. No. 47, 1998, § 1, 4-7-98)

Sec. 23-304. Funds for works of art.

All requests submitted to the City Council for appropriations for construction projects estimated to cost over two hundred and fifty thousand dollars ($250,000.) shall include an amount equal to one (1) percent of the estimated cost of such project for works of art. This requirement shall also apply to appropriations partially funding a project that will have a total estimated cost of over two hundred and fifty thousand dollars ($250,000.) even if such individual appropriations are equal to or less than said amount. When the City Council approves the appropriations for any such project, one (1) percent of the appropriated amount shall be deposited into the appropriate reserve account. If any construction project is partially funded from any source which precludes a work of art as an object of expenditure of such funds, the one (1) percent shall be funded from project funding sources that are not so restricted. Money collected in the APP reserve account shall be expended by the City for projects as prescribed by the APP Guidelines.

(Ord. No. 20, 1995, § 1, 4-25-95; Ord. No. 47, 1998, § 1, 4-7-98)

Sec. 23-305. Project design.

In all construction projects costing between fifty thousand dollars ($50,000.) and two hundred and fifty thousand dollars ($250,000.) the project architect or engineer shall utilize a City-selected artist to participate in the design of the project for the purpose of incorporating works of art into all aspects of the project, both functional and aesthetic, to the fullest extent possible within the project budget. The cost of the artist's services shall be paid from the project budget.

(Ord. No. 20, 1995, § 1, 4-25-95; Ord. No. 47, 1998, § 1, 4-7-98)

Sec. 23-306. Incorporating art in purchases.