Chapter 12.04
PARKS

Sections:

12.04.010    Hours.

12.04.015    Hours classification system.

12.04.020    Use for business.

12.04.030    Building fires – Posting bills – Defacing property.

12.04.040    Use permits.

12.04.050    Drinking alcoholic beverages in parks – Use of glass containers prohibited.

12.04.060    Definitions.

12.04.070    Sleeping on public sidewalk, street, parking strip, alley, lane or public right-of-way without authorization prohibited.

12.04.080    Camping on public property without authorization prohibited.

12.04.090    Removal of unlawful encampment(s).

12.04.100    Removal, disposition and release of personal property.

12.04.110    Enforcement and mitigation.

12.04.120    Application to City property outside City limits.

Cross reference(s) – Dogs running at large prohibited, GJMC 6.12.040; pollution of waters declared a nuisance, GJMC 8.08.060; smoking restricted in certain places, GJMC 8.20.020; streets, sidewalks and other public places, Chapter 12.16 through 12.24 GJMC; drinking of alcoholic beverages in public parks restricted, use of glass containers prohibited, GJMC 12.16.100.

12.04.010 Hours.

It shall be unlawful for any person to be or remain in any of the public parks of the City during prohibited hours, except employees of the City on official duty, those persons who are participating in or attending those functions permitted by other sections or chapters of this code, to the extent of such participation or attendance and the reasonable time necessary to leave such functions, and those persons who have obtained a permit from the City Manager for being or remaining in the public parks during otherwise prohibited hours. Prohibited hours for public parks of the City shall be as set forth by resolution of the City Council.

(Code 1994 § 26-51; Code 1965 §§ 19-76, 20-11)

12.04.015 Hours classification system.

(a)    The City Council of the City of Grand Junction hereby establishes the following classifications and hours of prohibited park use for each classification:

(1)    11:00 p.m. – 5:00 a.m.: Community, regional and neighborhood parks with formal programmable sports facilities.

(2)    10:00 p.m. – 5:00 a.m.: Neighborhood and mini parks.

(3)    10:00 p.m. – 5:00 a.m.: Open space and undeveloped parks and properties.

(4)    10:00 p.m. – 5:00 a.m.: Cemeteries.

(5)    10:00 p.m. – 5:00 a.m.: School IGA sites (except during school hours).

(b)    The City Council of the City of Grand Junction hereby authorizes and directs the City Manager to classify each City park pursuant to the classifications in subsections (a)(1) through (5) of this section at the time of acquisition or development, when the principal use or function of the park changes, or as needed to address vandalism or similar operational concerns. The City Manager may defer any such classification decision to the City Council as he deems necessary.

(c)    The City Manager is hereby delegated the power and duty to amend the classification system as he deems necessary from time to time, by administrative regulation. The City Manager may defer any changes to the classification system to the City Council as he deems necessary.

(d)    “Community,” “regional,” “neighborhood,” “mini” parks are defined or distinguished by reference to the current City-adopted Parks Master Plan.

(e)    All school IGA sites shall be closed to the public during school hours unless attendance is approved for the public at school related activities and/or activities approved by the Mesa County Valley School District that are held on the premises of such site(s).

(f)    This section shall be in full force and effect upon its adoption; however, no criminal charges shall be issued or filed based on any changes from prior practices until adequate notice is posted on the park, open space, cemetery or other site.

(Ord. 4832, 2-20-19; Res. 103-03, 11-5-03)

12.04.020 Use for business.

No person shall use any public park for business purposes, including but not limited to food and other concessions, and no business of any kind shall be carried on except by a permit from the City Manager.

(Code 1994 § 26-52; Code 1965 § 20-13)

12.04.030 Building fires – Posting bills – Defacing property.

The building of fires, the posting of any bills or advertisements, or painting or making any advertisements, names, pictures, characters or signs of any description on any object or thing whatsoever within or connected with any City park is hereby prohibited, except that the City Manager may permit posting or painting of advertisements under such terms and conditions as the City Manager shall prescribe.

(Code 1994 § 26-53; Code 1965 § 20-17)

12.04.040 Use permits.

(a)    The City Manager may grant a permit to any responsible person for permission to use the parks and the facilities therein for public entertainment, the sale of food or other refreshments, ball games or any other athletic games or sports and public exhibitions; provided, that the permittee shall agree to obey and conform to all rules and regulations made by the City Manager in reference to the care, management and government of City parks.

(b)    Charges for the use of all public property belonging to the City, including but not limited to parks and recreation facilities, shall be established from time to time by the City Council by resolution.

(c)    Permission may be granted by the City Manager to erect any temporary buildings or tents for exhibition or other purposes in the parks, and any buildings or tents so erected shall be removed from the park by the owner of such buildings or tents within five days after the close of such exhibition, fair or entertainment. Upon the failure of such owner to remove such buildings or tents within such five-day period, every such building or tent shall be and remain the property of the City.

(Code 1994 § 26-54; Code 1965 §§ 20-27 – 20-29)

12.04.050 Drinking alcoholic beverages in parks – Use of glass containers prohibited.

(a)    It shall be unlawful for any person to possess or drink any spirituous liquors in the City in any park which is either publicly or privately owned and used by the public unless such possession and consumption is pursuant to and in accordance with a special events permit issued in accordance with § 44-5-101, C.R.S. et seq. or such place is a part of the premises designated under a valid license issued pursuant to state law and the consumption is otherwise lawful; malt and/or vinous liquors may be consumed by persons of lawful age and other applicable law.

(b)    It shall be unlawful for any person to possess or drink any malt, vinous, or spirituous liquors in Emerson Park and Hawthorne Park, which are owned by the City and used by the public, unless such possession and consumption is pursuant to and in accordance with a special events permit issued in accordance with § 44-5-101, C.R.S. et seq. or such place is a part of the premises designated under a valid license issued pursuant to state law and the consumption is otherwise lawful.

(c)    No person shall drink from or use glass containers in any park.

(Ord. 4832, 2-20-19)

12.04.060 Definitions.

For the purpose of this title the following terms, phrases, words and their derivations shall have the meaning provided herein:

“Available overnight shelter” means a public or private facility, with all necessary or required City occupancy approvals, open to a person(s) or a family experiencing homelessness with an available overnight space to house the person(s) or family at no charge or a nominal charge (presumptively $5.00 or less per person). Overnight shelter space shall be considered available if the person(s) is not permitted to use otherwise available overnight shelter space due to the person’s voluntary actions, including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules.

“Camp” or “camping” means to set up or to remain in or at an encampment.

“Encampment” means any place where bedding, sleeping bag(s) or other things used for bedding purposes, or any stove or fire is placed, established or maintained for the purpose of maintaining a place to stay or sleep, whether or not such place incorporates the use of any tent, lean-to, shack, or any other cover, structure or elements of a structure or any vehicle or part thereof. Ordinary use of a park such as resting or sleeping in a park during normal park hours, picnicking on a blanket or using parks for other lawful uses does not constitute encampment.

“Overnight use” means the use of public lands and/or trails pursuant to a permit issued by the City Manager or his designee for an event/programming by and through the City Parks Department for an activity authorized to be conducted overnight.

“Parking strip” means the area between a curb, or a place where a curb would be located if improvements were installed, and where a sidewalk is located or would be installed.

“Personal property” means any tangible item reasonably recognizable as belonging to a person and having reasonably apparent utility or monetary value.

“Public property” means any real property, building or structure owned, used or leased by the City or any department thereof and/or the Downtown Development Authority (DDA) including, but not limited to, any sidewalk, street, parking strip, alley, lane, public right-of-way, park, open space, breezeway, bench, shade shelter, restroom, playground and other similar property.

“Reasonable notice” means notice reasonably calculated under all the circumstances to apprise a person that camping is prohibited at a particular location and, where personal property is deposited, affording the person no less than 24 hours to gather his/her personal property and depart.

(Ord. 5071, 5-18-22; Ord. 4833, 4-17-19)

12.04.070 Sleeping on public sidewalk, street, parking strip, alley, lane or public right-of-way without authorization prohibited.

Sleeping on a public sidewalk, street, parking strip, alley, lane or public right-of-way or in any publicly used ingress or egress to public property is unsafe as it may obstruct pedestrian and/or vehicular traffic and may place the person sleeping and/or the public in danger of harm. Therefore, except as may be otherwise expressly authorized by the City:

(a)    No person may sleep on any public sidewalk, street, parking strip, alley, lane, breezeway or public right-of-way.

(b)    No person may sleep in any publicly used ingress or egress to public property.

(c)    A violation of this section after a request to cease and desist shall be unlawful and shall give rise to any remedy provided by law.

(Ord. 5071, 5-18-22; Ord. 4833, 4-17-19)

12.04.080 Camping on public property without authorization prohibited.

No person may camp in or upon any public property, nor any property owned by other governmental entities that have posted notice prohibiting camping, unless:

(a)    The person has the authorization of the owner of the property to camp at that location; or

(b)    An overnight use is specifically authorized by the issuance of a use permit in accordance with Parks Department regulations; or

(c)    Camping is otherwise specifically authorized by GJMC; or

(d)    The camper(s) is(are) on public property other than a sidewalk, street, parking strip, alleyway, lane, breezeway or public right-of-way, and there is no available overnight shelter; or

(e)    Camping is necessary after the formal declaration of an emergency in accordance with City Charter or a declaration of the Governor.

(Ord. 5071, 5-18-22; Ord. 4833, 4-17-19)

12.04.090 Removal of unlawful encampment(s).

Upon discovery of an encampment(s) on public property, removal of the encampment by the City and/or its authorized agent(s) may occur if:

(a)    After reasonable notice, the person(s) fails or refuses to remove his/her personal property from the location of the encampment(s); and

(b)    Personal property appears to be abandoned; or there is reasonable suspicion for law enforcement officers to believe that illegal activity(ies) other than camping are occurring at the encampment; or

(c)    There is imminent danger to human life, health or safety, including, but not limited to, possible contamination of private or public property by unsanitary and/or hazardous conditions and/or materials.

(Ord. 5071, 5-18-22; Ord. 4833, 4-17-19)

12.04.100 Removal, disposition and release of personal property.

Upon removal of an encampment, all debris, including items having no reasonably apparent utility or monetary value and items in an unsanitary condition, may be immediately discarded. All other personal property shall be gathered, retained, and released, all in accordance with the reasonable notice being provided to the property owner. Unclaimed property may be disposed in accordance with GJMC 2.44.020 et seq.

(Ord. 5071, 5-18-22; Ord. 4833, 4-17-19)

12.04.110 Enforcement and mitigation.

By enacting this title, it is neither the City’s intent to criminalize homelessness nor violate a homeless person’s constitutional rights. Likewise, the City does not propose to prohibit the ordinary use of the parks such as resting or sleeping in a park during normal park hours, picnicking on a blanket or using parks or other public property for lawful uses. Enforcement of this title shall be undertaken to avoid such results.

Upon conviction for a violation of this title, in addition to any other factors deemed appropriate by the prosecutor and the Court, the Court shall consider in mitigation whether or not the person immediately removed all personal property and litter, including, but not limited to, bottles, cans and garbage, from the encampment after being informed the camping was in violation of the law.

(Ord. 5071, 5-18-22; Ord. 4833, 4-17-19)

12.04.120 Application to City property outside City limits.

This title applies to public property owned by the City that is located outside the City’s municipal limits.

(Ord. 5071, 5-18-22; Ord. 4833, 4-17-19)