Chapter 12.08
RIVERFRONT TRAILS

Sections:

Article I. Generally

12.08.010    Definition – Incorporation of trails maps.

12.08.020    Purpose.

12.08.030    Duties not created.

12.08.040    Exemptions.

12.08.050    Regulations.

Article II. Regulations for the Riverfront Trails

12.08.110    Purpose.

12.08.120    Exemptions.

12.08.130    Violation – Penalty.

12.08.140    Regulations relating to trails, lands and waters.

12.08.150    Adoption.

Article I. Generally

12.08.010 Definition – Incorporation of trails maps.

“Riverfront,” “riverfront trails” or “trails” means those areas, facilities, lands and waters as identified on the maps entitled “Riverfront Map,” “Ridges Map,” and “Urban Map,” collectively “Trails Maps,” which maps are incorporated in this article by this reference. The City Manager or his designee shall provide to the Parks and Recreation Advisory Board updated and revised maps of the trails as additional trails, lands, lakes or facilities are acquired, placed or constructed. The most current maps shall be on file on the City’s Geographical Information System (GIS) and incorporated by reference into this chapter and shall constitute the riverfront and trails maps. The substitution of maps and incorporation thereof by reference shall not necessitate readoption of this chapter.

(Ord. 4785, 2-21-18; Ord. 4424 § 7, 5-5-10. Code 1994 § 26-76)

Cross reference(s) – Definitions generally, GJMC 1.04.020.

12.08.020 Purpose.

The purposes of this chapter are to:

(a)    Establish formal policies and regulations for the use and conduct of the users of the riverfront trails;

(b)    Protect the public by assuring that regulations are in place for the safety of trail users;

(c)    Protect the public from unsafe and insanitary activities occurring on the trails; and

(d)    Allow for the orderly and lawful operation of the trail system.

(Code 1994 § 26-77)

12.08.030 Duties not created.

No duty or duties not otherwise created or implied by law are or shall be created by the adoption of this chapter or the regulations authorized hereunder or the adoption or enforcement thereof.

(Code 1994 § 26-78)

12.08.040 Exemptions.

This chapter shall not apply to:

(a)    Maintenance vehicles and maintenance activities which are approved by the City Manager or his designee and are conducted on the trails or in the vicinity of the trails; or

(b)    Emergency vehicles, activities and/or equipment authorized by the City, used on or near the trails.

(Code 1994 § 26-79)

12.08.050 Regulations.

(a)    The Parks and Recreation Advisory Board shall propose for adoption by the City Council necessary and reasonable rules and regulations applicable to the use of the riverfront trails, those areas adjacent to the trails and the bodies of water which are owned or controlled by the City and/or the Riverfront Commission, which may be accessed from or are near the trails. The City Council may amend or add to those regulations as may be necessary from time to time to carry out the intent of the Parks Board and/or the intent of the Council.

(b)    The City Manager shall cause one certified copy of the regulations adopted under this section, together with the most recent amendments thereto, to be filed with the City Clerk. The City Manager shall make available additional copies at the Office of Parks and Recreation for review by the general public.

(c)    The adopted regulations shall have the force and effect of law with respect to all persons who use or visit any of the riverfront trails.

(d)    The riverfront regulations promulgated hereunder shall include, but not necessarily be limited to, prohibiting motorized vehicles, except wheelchairs, maintenance or emergency vehicles, on the trails; prohibiting boats, vessels or craft in the waterways; closing the trails at set times; prohibiting glass containers; prohibiting the possession, consumption or use of spirituous liquor; requiring animals to be leashed; prohibiting animals or animals of certain species; and allowing overnight use in accordance with permit, and vending or commercial activities by permit only.

(e)    After review by the Parks and Recreation Advisory Board, but prior to recommendation of adoption by the Board, any and all regulations shall be submitted to the City Council for its comments, consideration and concurrence, if any.

(Ord. 5071, 5-18-22; Ord. 4833, 4-17-19; Ord. 4832, 2-20-19. Code 1994 § 26-80)

Article II. Regulations for the Riverfront Trails

Editor’s note – Printed herein are the riverfront trails regulations recommended by the Parks and Recreation Advisory Board and adopted as provided in GJMC 12.08.010. Amendments to the riverfront trails regulations are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original adoption in Ordinance No. 2606. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines, capitalization, citation to State statutes, and expression of numbers in text has been used to conform to the Grand Junction Municipal Code.

12.08.110 Purpose.

The purposes of these regulations are to:

(a)    Enact formal policies and regulations for the use of and conduct of the users of the riverfront trails;

(b)    Protect the public by assuring that regulations are in place for the safety of trail users;

(c)    Protect the public from unsafe and unsanitary activities occurring on the trails;

(d)    Allow for the orderly and lawful operation of the trail system;

(e)    Preserve the public investment in the trail system.

(Code 1994 App. C § 1)

12.08.120 Exemptions.

(a)    These regulations shall not apply to maintenance or emergency vehicles and such activities conducted on the trails or in the vicinity of trails, which are approved by the Parks and Recreation Director or his designee.

(b)    GJMC 12.08.140(b)(9) shall not apply to the discharge of firearms or weapons by any certified peace officer in the course of his/her official duty or to the discharge of weapons or firearms by participants in authorized classes or activities conducted under the supervision of the Parks and Recreation Department Director or his designee.

(Code 1994 App. C § 2)

12.08.130 Violation – Penalty.

The adopted regulations shall have the force and effect of law with respect to all users of, or visitors to, the riverfront trails. A violation of this chapter shall be punished by a fine or imprisonment or both pursuant to the limits established in GJMC 1.04.090.

(Ord. 4424 § 3, 5-5-10. Code 1994 App. C § 3)

12.08.140 Regulations relating to trails, lands and waters.

(a)    “Riverfront trails, lands and waters” shall mean all trails, surfaced or unsurfaced, lands and waters which are under the administration, ownership or control of the City of Grand Junction Parks and Recreation Department and/or the trails, lands and waters of the Riverfront Commission which lie within the City of Grand Junction.

(b)    No person shall:

(1)    Operate any motor vehicle or other power driven mobility device(s) (OPDMD) on any City trail(s) or land(s) as those are depicted and described on the “Trails Map(s)” except maintenance or emergency vehicle(s) or as may be authorized by the City or by signs and except for a “common wheelchair” which is defined as a manually operated or power driven device designed primarily for use by a person with a mobility disability for the purpose of indoor, or of both indoor and outdoor, locomotion. An electric motorized scooter/power chair meets this definition, provided it meets Section 37.3 of the U.S. Department of Transportation’s regulations implementing the ADA (49 CFR Parts 27, 37, and 38).

An OPDMD is defined as any mobility device powered by batteries, fuel, or other engine(s), whether or not designed primarily for use by persons with mobility disabilities, that is used by persons with mobility disabilities for the purpose of locomotion, including golf cars, electric personal assistance mobility devices (EPAMDs), such as the Segway PT® or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a common wheelchair within the meaning of this section.

Motor vehicle shall be as defined in § 42-1-102(58), C.R.S. et seq. EPAMDs shall be as defined in § 42-1-102(28.7), C.R.S.

(2)    Operate any motorboat, motorized vessel or gasoline or electric motor-powered craft on any of waters owned and/or controlled by the City. All as defined in § 33-13-102, C.R.S.

(3)    Enter, use or occupy the lands or trails of the riverfront between the period from 10:00 p.m. to 5:00 a.m.

(4)    Carry or possess any glassware or serve or consume food or beverages from glass containers on riverfront lands or trails.

(5)    Carry, possess, serve or consume any malt, vinous or spirituous liquor on riverfront lands or trails. Fermented malt beverages containing no more than three and two-tenths percent alcohol by weight which are served or consumed from nonglass containers are allowed.

(6)    Allow any dog or other animal on riverfront lands or trails unless the animal is under control by means of a leash not exceeding six feet in length. Animal(s) shall likewise be subject to all animal control ordinances and regulations of the City of Grand Junction.

(7)    Camp, park a motor vehicle, trailer or camper on riverfront lands or trails, with the intention or for the purpose of camping, unless:

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

(ii)    Overnight use is specifically authorized by the issuance of a use permit; or

(iii)    Camping or overnight use is otherwise specifically authorized by GJMC; or

(iv)    There is no available overnight shelter; or

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

“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 the trail system such as resting or sleeping on a bench during normal trail hours or using the trails for other lawful uses does not constitute encampment.

“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 by a public or private facility to use otherwise available overnight shelter space due to the person’s actions.

For persons under the age of 21 experiencing homelessness, The House shall, for purposes of this section, be considered the only available overnight shelter.

“Overnight use” means the use of public lands and/or trails pursuant to a special permit where an event is authorized to last overnight.

(8)    Vend, sell or otherwise engage in a commercial or business operation on riverfront land or trails unless such is by the authority of a vending permit issued by the Department of Parks and Recreation of the City of Grand Junction. Possession of a valid vending permit shall authorize the use of the riverfront lands and trails subject to the terms and conditions imposed thereon by the Director or his designee.

(9)    Fire, shoot, or discharge any cannon, gun, pistol or other firearm of any description or any BB or pellet gun or any explosive device or any bow, crossbow or other dangerous weapon or device.

(c)    With the exception of a common wheelchair, an electric motorized scooter and Class I and Class II e-bikes, no motor vehicle or OPDMD is allowed on the trails, as the same are depicted and described by Ordinance 2606 and these adopted regulations.

(1)    A Class I electrical assisted bicycle or low-speed pedal-assist electric bicycle is a two-wheeled bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. A Class I electrical assisted bicycle motor shall not exceed 750 watts of power.

(2)    A Class II electrical assisted bicycle or low-speed throttle-assisted electric bicycle is a bicycle equipped with a motor that may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

(3)    A Class III electrical assisted bicycle is a bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour.

(i)    Class III electrical assisted bicycles are allowed only on streets/bike lanes adjacent to streets (not trails, paths or sidewalks).

(ii)    Class III electrical assisted bicycles may not be operated by a person under 16 years of age; a person under 16 years of age may ride as a passenger on a Class III electrical assisted bicycle that is manufactured to accommodate a passenger(s).

(4)    Any person under 18 years of age riding or a passenger on a Class III electrical assisted bicycle shall wear an American Society for Testing and Materials (ASTM) or United States Consumer Product Safety Commission (USCPS) approved helmet of a type and design manufactured for use by riders of bicycles. The protective helmet shall be properly secured on the person’s head with the strap fastened while the Class III electrical assisted bicycle is in motion.

(5)    No person shall operate an electrical assisted bicycle in any place where there are one or more signs posted prohibiting such activity. No person shall operate an electrical assisted bicycle in any public place in a manner which causes injury to any person or damage to public or private property.

(6)    A person using an electrical assisted bicycle in any public place within the City shall use the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and prudent under the conditions existing at the place and time of operation, taking into account the amount and character of pedestrian traffic, grade and width of the path, trail or right-of-way and condition of the surface thereof and shall obey all traffic control devices.

(7)    Every person riding an electrical assisted bicycle upon a public path, trail or other right-of-way shall yield the right-of-way to any pedestrian thereon.

(8)    To the extent not inconsistent herewith, House Bill 17-1151 amending various sections of the Colorado Revised Statutes is incorporated by this reference.

(9)    Within 60 days of the third anniversary of the adoption of the ordinance codified in this section the City Council shall consider the effectiveness of the ordinance codified in this section at achieving its stated purposes. Without further action by the City Council, the terms and provisions of ordinance codified in this section shall expire on the third anniversary of the effective date hereof. The City Council may determine that the ordinance codified in this section is effective as written and reinstate it or may amend it as it determines in its sound discretion.

(Ord. 5071, 5-18-22; Ord. 4833, 4-17-19; Ord. 4785, 2-21-18. Code 1994 App. C § 4)

12.08.150 Adoption.

The foregoing regulations having been duly promulgated and the public having had opportunity to comment on the propriety of said regulations, said regulations are hereby adopted this twenty-first day of October, 1992.

(Code 1994 App. C § 4)