HomeMy WebLinkAbout1049 Enacting Ch. 8.06 Camping Restrictions of Firestone Muni Code 09-25-2024ORDINANCE NO.1049
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE
COLORADO, ENACTING CHAPTER 8.06 CAMPING RESTRICTIONS OF THE
FIRESTONE MUNICIPAL CODE
WHEREAS, the unauthorized use of town property for camping, impairs, obstructs, and
impedes upon the use of the property for its intended purpose; and
WHEREAS, prohibiting and abating unauthorized camping will promote sanitation,
public health, and safety for those persons in an unauthorized camp and for town residents and
visitors; and
WHEREAS, the town has a legitimate governmental purpose in protecting public spaces
from environmental damage, as well as the promotion of sanitation, public health, safety and
welfare; and
WHEREAS, to further the foregoing objectives, the town desires to amend the municipal
code regarding the use of town property, to restrict camping and prohibit structures upon town
property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO:
Section 1. Chapter 8.06 Camping Restrictions of the Firestone Municipal Code is enacted
to provide as follows:
Sec.8,06.010 Unauthorized camping and structures on town property prohibited.
(a) Unauthorized Camping. It shall be unlawful for any person to camp on town property
without having first obtained written permission from the town manager or the
manager's authorized designee.
(b) No town employee authorized to issue a summons and complaint, make an arrest or
otherwise enforce this section against any person shall do so unless.
(1) A town employee has issued the person a verbal or written order to vacate the
unauthorized camp and remove all their personal property and the person has failed
to do so within the required time; and
(2) The town has a shelter option available for the person; and
(3) If a person is offered a shelter option and refuses such person may be issued a
summons and complaint and subject to arrest.
For purposes of this section, the following terms shall have the following meanings:
(i) "Town property" means all land, structures, buildings, or areas, or any
other public property owned, leased, controlled, or maintained by the town including but
not limited to any park, parkway, playground, recreation area, open space, trails and
paths, or other town owned recreation facility, parking lot, roadway, median, street, alley,
sidewalk, strip of land between streets and sidewalks, any structure or area encompassed
within the public right-of-way, a municipal watercourse, bodies of water, stormwater
infrastructure (such as, but not limited to, bridges, pipes, inlets, and culverts), or any
other grounds, buildings, or other facilities owned, leased, or controlled by the town,
regardless of whether such property is vacant or occupied and actively used for any public
purpose.
(ii) "Public right-of-way" means an area of land dedicated to the public in fee
simple title conveyed to the town for drainage, pedestrian, utility, street lighting,
landscaping, roadway, or other purposes.
(iii) "Camp" or "camping" means the use of property for the purpose of
overnight or longer occupancy, or to reside or dwell upon such property, with shelter,
and conduct activities of daily living, such as eating, sleeping, or the storage of personal
possessions in such place. "Camp" or "camping" includes the use of a vehicle for
overnight occupancy where overnight occupancy or overnight camping is not permitted,
violates this code, or any town rule or regulation, or is not otherwise permitted by the
town. "Camp" or "camping" does not include picnicking, or the temporary use associated
with the performance of governmental services.
(iv) "Shelter" includes, but is not limited to any tent, tarpaulin, lean-to,
sleeping bag, bedroll, blankets or any other form of cover or protection from the elements
except for clothing.
(v) "Written permission" includes a reservation, permit, park pass, license, or
contract.
(b) Prohibited Use of Shelters on Town Property. No person shall erect any shelter on town
property without having first obtained written permission from the town manager or the
manager's authorized designee.
(i) "Written permission" includes a documented reservation, permit, park
pass, license, or contract.
Section 2. If any article, section, paragraph, sentence, clause, or phrase of this
ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The Board of
Trustees hereby declare it would have passed this ordinance and each part or parts hereof
irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinance shall be punishable in accordance with
Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado.
Section 4. All other ordinances or portions thereof inconsistent or conflicting with
this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or
conflict.
INTRODUCED, READ, DMA OPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL thig,S th day of Lv v 2024.
TOWN OF FIRESTONE, COLORAD � /
ATTEST: i
M' ZGonzalez, Town Clerk
Ste
4
APP OVED CRM:
William P. HayasM, Town Attorney