(a) “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)
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)
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)
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)
(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)
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)
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)
(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.
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“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.
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“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.
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For persons under the age of 21 experiencing homelessness, The
House shall, for purposes of this section, be considered the only
available overnight shelter.
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“Overnight use” means the use of public lands and/or
trails pursuant to a special permit where an event is authorized to
last overnight.
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(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)
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)