Title
An Ordinance Amending Section 110 (Camping on Public Property Prohibited) and Repealing Section 111 (Camping and Waste Deposit Within Public Stream/Public Stream Riparian Zone Prohibited) of Part 1 (General Offenses) of Article 6 (Offenses Affecting Property) and Repealing Section 404 (Camping Restrictions) of Part 4 (Offenses Relating to Persons) of Article 9 (Park Offenses) of Chapter 9 (Public Offenses) of the Code of the City of Colorado Springs 2001, As Amended, Pertaining to Camping Regulation, and Providing Penalties for the Violation Thereof.
Presenter:
Dave Donelson, Councilmember District 1
Lieutenant Ryan Tepley, Homeless Outreach Team, Colorado Springs Police Department
Sergeant Olav Chaney, Homeless Outreach Team, Colorado Springs Police Department
Emily Vandenberg, Prosecuting Attorney, City Attorney’s Office
Body
Summary:
The proposed ordinance change consolidates camping violations into one section of the City Code, improves definitions, adds vehicle camping, creates an affirmative defense, and sets uniform penalties.
Background:
Unlawful camping in City parks, on other public property, and along waterways-and the public health, safety, and welfare concerns that accompany such behavior-are recognized issues in our community, and we have multiple city ordinances to prohibit such acts. CSPD’s HOT/DART team make daily contact with campers to provide outreach resources and to enforce laws by posting and cleaning up camps and issuing warnings and citations. The team’s practices evolve in response to community needs, and the Prosecution division responds accordingly.
The Code changes before Council promote efficiency in on-scene procedures and are framed with respect to CSPD’s policies and procedures regarding camping cases. The changes also provide more robust definitions to improve citizen understanding and afford an affirmative defense to all camping violations. Because the violations that will be contained in the new “Camping Prohibited” section of City Code are predominantly already violations that are cited and prosecuted in Colorado Springs Municipal Court, no significant changes in case volume is anticipated nor are additional warnings needed.
CSPD recommends approving an Ordinance Amending Section 110 (Camping on Public Property Prohibited) and Repealing Section 111 (Camping and Waste Deposit Within Public Stream/Public Stream Riparian Zone Prohibited) of Part 1 (General Offenses) of Article 6 (Offenses Affecting Property) and Repealing Section 404 (Camping Restrictions) of Part 4 (Offenses Relating to Persons) of Article 9 (Park Offenses) of Chapter 9 (Public Offenses) of the Code of the City of Colorado Springs 2001, As Amended, Pertaining to Camping Regulation, and Providing Penalties for the Violation Thereof.
Previous Council Action:
Enter City Code § 9.9.404 was added in 1989 by Ord. 89-97 and last amended in 2010 by Ord. 10-9. City Code § 9.6.110 was added in 2010 by Ord. 10-10. It has no amendments. City Code § 9.6.111 was added in 2018 by Ord. 18-70 and last amended in 2018 by Ord. 18-99City Council action relating to this item. Enter N/A if not applicable.
Financial Implications:
The City Attorney’s Office does not anticipate a significant increase in case volume because the bulk of this ordinance only rearranges current violations. However, absorbing Park Camping into public property camping will mean those violations that were park camping violations are now eligible for jail of up to 189 days, a fine of up to $2,500, probation, or a combination of those things. Due to this change, such offenses are now eligible under the Colorado Constitution for jury trials and court appointed counsel. Chief Judge Kane indicates a potential for increased costs for court appointed counsel.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
CSPD and the Prosecution Division of the City Attorney’s Office worked together to draft this ordinance proposal related to all changes other than the vehicle camping prohibition. The vehicle camping prohibition was drafted by the City Attorney’s Office at the request of Councilman Donelson. The Chief Judge of the City Municipal Court has been consulted and did not indicate any concerns other than a potential increase in appointments of court appointed attorneys. The Fourth Judicial District Attorney’s Office was not consulted as camping violations are predominantly cited into Municipal Court.
Alternatives:
City Council can adopt the proposed ordinances as presented, amend the proposed ordinances, or decline to adopt the proposed ordinances.
Recommended Action
Proposed Motion:
Move approval of the Ordinance Amending Section 110 (Camping on Public Property Prohibited) and Repealing Section 111 (Camping and Waste Deposit Within Public Stream/Public Stream Riparian Zone Prohibited) of Part 1 (General Offenses) of Article 6 (Offenses Affecting Property) and Repealing Section 404 (Camping Restrictions) of Part 4 (Offenses Relating to Persons) of Article 9 (Park Offenses) of Chapter 9 (Public Offenses) of the Code of the City of Colorado Springs 2001, As Amended, Pertaining to Camping Regulation, and Providing Penalties for the Violation Thereof.
Summary of Ordinance Language
An Ordinance amending City Code § 9.6.110 “Camping on Public Property Prohibited” to “Camping Prohibited” and consolidating camping violations into one section of the City Code, improving definitions, adding vehicle camping, creating an affirmative defense, and setting uniform penalties.