1. Parks, Open Space And Community Building Regulations
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PARKS, OPEN SPACE, AND COMMUNITY BUILDING REGULATIONS
13-1-1: PURPOSE AND INTENT
13-1-3: USE REGULATIONS
13-1-4: ENFORCEMENT OF REGULATIONS
13-1-5: ENFORCEMENT OF APPLICABLE LAWS AND ORDINANCES
13-1-6: FISHING, HUNTING, WILDLIFE AND BOATING REGULATIONS
13-1-7: POLICIES FOR NON-PARK USE OF PARKLANDS
13-1-8: REDESIGNATION, SALE, OR TRADE OF PARKLANDS
13-1-9: ADOPTING REGULATIONS
13-1-1: PURPOSE AND INTENT: (3455) The purpose of this Chapter is to regulate the use of the City’s parklands, open space properties, and community buildings in order that all persons may enjoy and make use of such resources and to protect the rights of those in the surrounding areas.
13-1-2: DEFINITIONS: (796 815 1889 2910 3455) The following words, terms, and phrases, when used in this Title XIII, shall have the following meanings, unless the context clearly indicates otherwise:
(A) “City” shall mean the City of Westminster, Colorado.
(B) “Amplified Sound” shall mean speech or music projected or transmitted by electronic equipment including amplifiers, loudspeakers, microphones, bull horns or similar devices or combinations of devices which are intended to increase the volume, range, distance or intensity of speech or music and are powered by electricity, battery or combustible fuel.
(C) “Community Building” shall mean one or more of those structures, buildings, or any portion thereof, under the supervision of the Westminster Department of Parks, Recreation and Libraries; and any other publicly owned building or structure used for recreational purposes within the City.
(D) “Director” shall mean the Director of the Department of Parks, Recreation and Libraries or that person’s designated agent or employee.
(E) “Open Space Coordinator” shall mean the manager of the Open Space Program or that person’s designated agent or employee.
(F) “Open Space Properties” shall mean the parcels of land comprising the Open Space Program, as described in Chapter 13-5, W.M.C., including all properties acquired for open space, donated to the Open Space Program, or designated or redesignated as open space by the City Council.
(G) “Park” or “Parks” shall mean all grounds, roadways, avenues, parklands, open space properties, parking lots and areas and recreation facilities therein under the supervision of the Westminster Department of Parks, Recreation and Libraries; and all other publicly owned or operated parks and recreation facilities within the City, including Standley Lake and the land around it (Standley Lake Recreation Area), the publicly owned areas of the Westminster Promenade, the property on which City Hall is located, and the property on which the Public Safety Center is located. “Parklands” shall mean a subset of “Parks,” traditionally understood to be developed parcels of land improved with recreational facilities or community buildings, formally planted with turfgrass and other vegetation, and designed and maintained for active recreational uses.
(H) “Persons” shall mean natural persons, associations, partnerships, firms, organizations, or corporations.
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(I) “Recreation Facilities” shall mean those specialized recreation facilities such as swimming pools, tennis courts, ball fields, picnic shelters, and similar facilities under the supervision of the Westminster Department of Parks, Recreation and Libraries.
(J) “Use Permit” shall mean a permit for the exclusive use of parks, open space properties, buildings and recreation facilities, or a portion thereof, as provided for in Chapter 13-2, W.M.C., and does not include a special alcoholic beverage permit.
13-1-3: USE REGULATIONS: (796 847 1889 2811 3455) It shall be unlawful for any person to:
(A) Trespass. Enter, be or remain in any park or building of the City unless he or she complies with this Title and regulations promulgated hereunder and any rules posted in any park or building of the City.
(B) Sales for Profit. Conduct sales for profit in any park or community building except with the expressed written consent of the Director and full compliance with the business license ordinance of the City of Westminster.
(C) Sell, Distribute or Solicit. Sell, vend, peddle, or distribute any merchandise or property whatever, or sell tickets (for any event whatsoever) or solicit contributions in any park or community building except with the expressed written consent of the Director.
(D) Advertising Matter. Distribute, circulate, give away, throw or deposit in or on any park or community building any handbills, circulars, pamphlets, papers, advertisement, or post or affix the same to any tree, fence, or structure in any park or community building without the written consent of the Director.
(E) Amplified Sound. Utilize any machine or device for the purpose of amplification of human voice, music or any other sound in any park or community building without the written consent of the Director, except City employees, firemen or law enforcement officers in the performance of their duty.
(F) Golf. Drive, putt, or in any other fashion play or practice golf or use golf balls or golf clubs in any area of a park except in areas set aside and posted for that purpose or with the written consent of the Director.
(G) Model Crafts. Fly model airplanes or operate model craft of any kind or description in any area of a park or in a programmed water area except in areas set aside and posted for that purpose, except with the written consent of the Director.
(H) Parking. Operate or park any vehicle as defined in the Colorado Motor Vehicle Code within a park, except upon areas designated for such use. Vehicles in violation of this Section shall be subject to being towed away at owner's expense.
(I) Overnight Parking, or Vehicle Abandonment. Park, abandon, or otherwise allow automobiles and other conveyances to remain in parks or community building parking lots between the hours of eleven o'clock (11:00) P.M. and sunrise, except as follows:
(1) During attendance at a function conducted under the auspices of the City.
(2) During attendance at a function which has been issued an exclusive use permit.
(3) As a City employee in the performance of that person’s duty.
(4) With the written consent of the Director.
(5) In areas as otherwise posted.
Vehicles in violation of this Section may be towed away at owner's expense.
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(J) Washing or Repairing Autos or Other Conveyances. Wash, wax, repair or service any automobile or other conveyance within any park or City-owned parking facility except with the written consent of the Director.
(K) Vehicle Use: Operate, drive, or ride upon any motorcycle, snowmobile, scooter, segway™, auto or other motorized or non-motorized vehicle in any park except when posted specifically for such use or with the written consent of the Director, provided that non-motorized cycles shall be permitted to use pathways within any park unless such use is specifically prohibited and signs are posted giving notice of such prohibition. This prohibition of motorized or non-motorized vehicles will not apply to a vehicle determined to be required by the Americans With Disabilities Act.
(L) Control of Dogs, Cats and Other Household Pets. Bring or maintain in or upon any park or community building any dog, cat, or other household pet, unless such dog, cat or other household pet is kept at all times on a leash, not to exceed fifteen feet (15') in length, and under full control of its owner or custodian, except with the written consent of the Director. Persons shall not leave or deposit dogs, cats, fowl, fish, or other animals, whether dead or alive, in any park, lake, or community building except with the written consent of the Director.
(M) Riding Horses and Other Animals. Ride upon any horse or any other animal capable of being ridden, in any park except in areas designated and posted specifically for such use, or with the expressed written consent of the Director. No cattle, sheep, goats, horses or any animal shall graze in any park except in areas designated and posted specifically for such use or with the expressed written consent of the Director.
(N) Littering Prohibited. Leave any garbage, trash, cans, bottles, papers, or other refuse elsewhere than in the receptacles provided therefor. It shall be unlawful for any person to use the receptacles provided for in this Section for the purpose of depositing yard clippings or other garbage or trash generated on private property.
(O) Alcoholic Beverage. Possess, distribute, use or consume any alcoholic beverages or 3.2 beer in parks or community buildings, except by a special alcoholic beverage permit issued by and at the discretion of the Director, and then only in conformance with the statutes of the State of Colorado and ordinances of the City of Westminster regarding the sale or consumption of alcoholic beverages or 3.2 beer.
(P) Interference. Use or attempt to use or interfere with the use of any table, space or facility within said park or building which at the time is reserved for any other person or group which has received a use permit from the Director therefor. Unless the actual use of table, space, area, building, or facility referred to in any such permit is commenced within one hour after the period covered by such permit begins, such permit shall terminate.
(Q) Disturbance. Engage in boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace and enjoyment of the facility.
(R) Weapons. Discharge, fire, or shoot any firearm, air gun, slingshot or bow and arrow or other projectile or projectile launching device on any park except at places designated and posted specifically for such purposes.
(S) Fauna - Disturbing Wildlife. Take, seize, molest, injure or hunt any bird, reptile, fish or animal in any park or community building, or portion thereof unless posted specifically for that purpose or with the expressed written consent of the Director, and in compliance with the game, fish and wildlife laws of the State of Colorado.
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(T) Flora, including Turf and Soil. Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any park or area of a community building, or to remove any wood, turf, grass, soil, rock, sand or gravel from any park. Duly authorized City employees in the performance of their duties or persons participating in City-sponsored activities are excepted from the foregoing provisions. Metal detectors may not be used without the specific authorization of the Director. Additionally, treasure hunting or geocaching is prohibited, unless such specific activity receives a permit, yearly, from the Department of Parks, Recreation and Libraries.
(U) Marking, Injuring or Disturbing any Structure. Cut, break, injure, mark, write or print upon or otherwise deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park; attach thereto any sign, card, display or other similar device, except with the expressed written consent of the Director; or attach to any community building materials, devices, or equipment for the purpose of decorating that facility or for any other purpose. Duly authorized City employees in the performance of their duties or persons authorized by the Director shall be excepted from the foregoing provisions.
(V) Fires. Light or maintain a fire in any park, unless such fire is lighted and maintained only in a stove, fire circle, device or place intended for such purpose.
(W) Fireworks. Ignite any fireworks, as defined in Title 6, Chapter 9, Section 1 of the Westminster City Code, in any park or building without the written consent of the Director.
(X) Park Use Restricted to Age Groups. Enter, be or remain in any park, or a designated area within a park, the use of which is restricted to members of a specific age group, if not a member of such age group, or to refuse to depart from such restricted area upon request of a police officer or other duly authorized employee, provided:
(1) The age restriction has been imposed by order of the Director or his authorized employee.
(2) Signs are posted in such restricted park or area giving public notice of such restriction.
Parents and other persons having responsibility for care and custody of one or more members of the age group authorized to use the park or area shall be exempt from the provisions of this Section.
(Y) Parks Closed Eleven P.M. - Sunrise. Remain in any park or building between eleven o'clock (11:00) P.M. and sunrise, or between such hours posted at the facility as closed, other than a City employee in the performance of that person’s duty or persons participating in City-sponsored activities, or with the written consent of the Director.
(Z) Off-leash Dog Site. Notwithstanding the prohibition in Subsection (L) above, the Director is authorized to establish or discontinue off-leash dog park sites. At such sites, owners may allow dogs to run without a leash, subject to the following conditions:
(1) The site will be open from sunrise to sunset seven (7) days a week.
(2) Dogs must be leashed when entering or leaving off-leash site and owners must have a visible leash at all times.
(3) Dogs are not allowed to chase or harass wildlife or other dogs.
(4) Owners may not leave dogs unattended.
(5) Animals must be spayed or neutered.
(6) Owners must remove dog’s waste.
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(7) The following dogs are not allowed in the off-leash site:
(a) Aggressive dogs.
(b) Female dogs in heat.
(c) Dogs without current vaccination tag attached to collar, worn by the dog.
(d) Dogs too young to vaccinate against rabies.
(e) Dogs known to be ill or exhibiting signs of illness.
(f) Dogs not under voice command.
(8) For purposes of this Section, “owner” shall be the person who brings the dog to the site or as defined in section 6-7-1 of this Code.
(9) All provisions of the animal control code, Chapter 7 of Title VI of this Code, shall be in force at the off-leash site unless specifically changed by this paragraph (Z).
(10) The owner assumes the legal responsibility for any damage, disease, or injury to persons, other dogs, or property caused by the dog.
13-1-4: ENFORCEMENT OF REGULATIONS: (3455 3564 3577)
(A) The Director shall make and publish, pursuant to the procedure outlined in Section 13-1-9 herein, such regulations, not inconsistent with the terms of this Title, as needed, for the orderly use and management of the City’s parks, recreation facilities, and buildings.
(B) The Director and any law enforcement officers acting in the line of duty shall diligently enforce the provisions herein and shall have the authority to eject, from any park or community building, any person acting in violation of these regulations. Further, the Director shall have the authority to deny use of park or community buildings to individuals or groups who refuse to comply with the provisions of this Chapter, the conditions of any use permit, and regulations promulgated hereunder.
13-1-5: ENFORCEMENT OF APPLICABLE LAWS AND ORDINANCES: (796 2000 2910 3455 3577)
(A) All persons entering parks or community buildings shall abide by the regulations of the City, as provided herein, and the instructions and directions of duly authorized agents, employees or law enforcement officers of the City in their line of duty.
(B) It shall be unlawful to violate any provision of this Chapter or any regulation promulgated by the Director. A person convicted of a violation of a provision of this Chapter or of a regulation promulgated by the Director shall be fined as provided in Section 1-8-1 of this Code.
13-1-6: FISHING, HUNTING, WILDLIFE AND BOATING REGULATIONS: (2670 3455)
(A) Statutes and Regulations: The following are adopted by this reference:
(1) Article 13 (Vessels) of Title 33 (Wildlife and Parks and Outdoor Recreation) of the Colorado Revised Statutes
(2) The Rules and Regulations promulgated by the state of Colorado pursuant to Section 33-1-106 C.R.S. regulating the taking, possession and use of wildlife and fish; and
(3) The Rules and Regulations promulgated by the state of Colorado pursuant to Section 33-1-106 C.R.S. regulating the use, operation and equipment of vessels.
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(B) Fishing, Hunting Wildlife Regulations: It shall be unlawful for any person to fail to comply with the following:
(1) Any person sixteen years of age or over who fishes for or takes fish, amphibians, mollusks or crustaceans shall have a proper and valid fishing license, issued by the state of Colorado on his or her person. Persons under sixteen years of age are not required to have a fishing license but shall be entitled to only one-half bag or possession limit set by the state.
(2) Any person regardless of age, who hunts or takes wildlife shall procure a proper and valid license therefor, issued by the state of Colorado, and shall have the valid license on his or her person when exercising the benefits it confers.
(3) No person shall alter, transfer, sell, loan, or assign his or her own or another person’s lawfully acquired license to another person.
(4) No person shall hunt, take, or have in such person’s possession any wildlife that is the property of the state as provided in Section 33-1-101, C.R.S., except as permitted by statutes or Rule and Regulation.
(5) No person shall hunt or take any wildlife or fish outside the season establish by or in an area closed by Rule or Regulation.
(6) No person shall fail to immediately dress or care for and provide for human consumption the edible portions of any game wildlife, including fish.
(7) Colorado Rules and Regulation for the taking, possession or use of wildlife or fish.
(C) Regulation of the Use, Operation, and Equipment of Vessels. It shall be unlawful for any person to fail to comply with the following:
(1) Colorado Rules and Regulations for the use, operation, and equipment of vessels.
(2) Colorado statutes regulating the use, operation, and equipment of vessels.
13-1-7: POLICIES FOR NON-PARK USE OF PARKLANDS: (3455) From time to time, the City may find it desirable and in the public interest to permit certain municipal non-park uses, and, in limited circumstances, certain private uses on, in, or under parklands. The City Council will adopt, by resolution, such policies to address when and under what circumstances such additional uses of parklands may occur.
13-1-8: REDESIGNATION, SALE, OR TRADE OF PARKLANDS: (3455)
(A) In certain cases, it may be determined by the City Council that a property originally acquired for park purposes may be better utilized for another public purpose, including but not limited to open space. In such cases, the Parks and Recreation Capital Reserve Fund shall be reimbursed the current market value of the affected property at the time of its conversion or the cost of that land at the time of its original acquisition, whichever is higher.
(B) In certain cases, it may be necessary to acquire a total property in order to preserve a portion of the property as parklands. In such cases, the City Council may dispose of the remainder, and the Parks and Recreation Capital Reserve Fund shall be reimbursed the current market value of the disposed land at the time of its sale or the cost of that land at the time of its original acquisition, whichever is higher.
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(C) The City Council may approve land trades of parklands for other lands. In such cases, for the purpose of reimbursing the Parks and Recreation Capital Reserve Fund, the relative current market values of the lands traded shall be as determined by the City Council as part of the approval of the trade, but in no event shall a value be placed on the parklands that is lower than its cost at the time of its original acquisition.
(D) Once a property is designated as parkland, it shall be subject to all of the provisions of this Chapter and Chapter 13-2, W.M.C. Property that is subject to restrictions limiting its use to parkland purposes may not be redesignated without approval of the restricting grantor.
(E) For the purposes of determining the “current market value” under Subsections (A), (B), and (C) above, the City Manager may rely on an MAI or AIA appraisal of the property or, for parcels less than five acres in size, may rely on publicly verifiable information concerning recent sales of substantially similar properties.
(F) Notwithstanding the foregoing, the redesignation by the City Council of parklands, open space property, or other City-owned lands that were acquired through the public land dedication requirements of Section 11-6-8, W.M.C., will not require reimbursement from one City fund to another.
13-1-9: ADOPTING REGULATIONS: (3577)
(A) The Director may prepare and adopt regulations as necessary by dating and signing the regulations after consultation with the City Attorney. The regulations shall become effective upon the signature of the Director or at such later date as specified by the Director.
(B) Within ten (10) days following adoption, the Director shall cause notice of the adoption of a regulation to be published, along with the complete text of the regulation as follows: on the City’s official website where it shall remain available, posted in a prominent location in City Hall for thirty (30) days following adoption, on file at the City Clerk’s office for public inspection.
(C) Regulations in existence prior to the adoption of this Section shall become valid and enforceable under this Section if published in full on the City’s website and made available for inspection and copying at the office of the City Clerk within sixty (60) days following adoption of this Section.
(D) The City Clerk shall be the custodian of the Director’s regulations and shall maintain an official copy available for public inspection and copying during regular business hours, upon payment of a fee for such copies in accordance with the law.