Friday, April 13, 2012

Proposed Ordinance #2

Sorry, Charlie.
Manitou Springs City Council has proposed three(3) ordinances to the Soda Springs Park Safety Task Force. These ordinances are supposed to make the park safer for everyone, cut down on crime, etc. If the Task Force accepts any of the ordinances, it will then go to Council and they will vote during the next City Council Meeting. Here is the second ordinance that was proposed by Matt Carpenter (Mayor Pro-Tem, City Council Ward 3):





WHEREAS, the City Council is concerned about the ongoing vandalism taking place in the
City Parks; and

WHEREAS, the City Council desires to require a permit to use the [***Pavilions in Soda
Springs Park and Mansion Park***] or [***stage in Soda Springs park***].


Section 1:
[Existing Code:

Strategy 1:
Limit the use of the pavilions in Soda Springs Park and Mansions Park. This is what is
done at America the Beautiful park in Colorado Springs.

Strategy 2:
Limit the use of the stage in Soda Springs Park. This is what is done at Bancroft Park in
Old Colorado City.

Section 12.24.005 of the Manitou Springs Municipal Code is hereby added as

12.24.005 – Use of facilities—Permit required.
A permit is required in order to use the [***pavilions in Soda Springs Park and Mansions
Park***] or [***stage area in Soda Springs Park***].

Notes: In the case of the pavilions something that states that passing through a pavilion
does not constitute a use or go with time limits like 30 minutes or an hour.

Section 2:

Section 3:

If any article, section, paragraph, sentence, clause or phrase of the ordinance is
held to be unconstitutional or invalid for any reason, such decision shall not affect
the validity or constitutionality of the remaining portion of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each
part or parts hereof irrespective of the fact that any one part or parts be declared
unconstitutional or invalid.

The repeal or modification of any provision of Manitou Springs Municipal Code
by this ordinance shall not release, extinguish, alter, modify or change in whole or

Section 4:

in part any penalty, forfeiture or liability, either civil or criminal, which shall have
been incurred under such provision. Each provision shall be treated and held as
still remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or
liability, as well as for the purpose of sustaining any judgment, decree or order
which can or may be rendered, entered or made in such actions, suits, proceedings
or prosecutions.

This ordinance shall take effect five (5) days after final approval and adoption on
second reading.

Passed on First Reading and Ordered Published this XXX day of XXX, 2012.

/s/ Donna Kast
City Clerk

A Public Hearing on this ordinance will be held at the XXX XXX, 2012 City Council meeting.
The Council Meeting will be held at 7:00 P.M. at City Hall, 606 Manitou Avenue, Manitou
Springs, Colorado.

Ordinance Published: XXX, 2012 (in full).
City’s Official Website and at City Hall


My opinion on this one is that if they fence it off, it will make tourists even more uncomfortable - fenced-off areas in a city signal crime. Kids may well just jump the fence and continue to use the facilities or they will just move to somewhere else in town and the task force name will change to go with it. If the city doesn't fence it off, if they just post signs, they will have a "law-enforcement nightmare" as Jack Benson put it on Wednesday night. So I don't think that this ordinance will work for anything - I feel like it will cause more problems, instead.

What is YOUR opinion on this one? Leave a comment and let us know!


  1. I don,t see were it says they are going to put up a fence. What I see is the requirement to have a permit to use the stage and anyone using it unlawfully is to be ticketed.

  2. Right now, all talk of building a fence is behind closed doors. It will definitely be discussed at the next meeting of the Task Force, which is April 25th.

    Any fence, chain or rail smacks of sleaziness. I don't think any design change is necessary. I know that park conduct is always very good when I am around. The reason for this is that I bring my culture to the park and share it with people.

    There is a church group that does the same. They bring out lemonade and cookies, and they make friends with people. By doing so, they bring out the best in them.

    I think that if the people are concerned bring their cultures into the melting pot without fear, they will see the change in themselves and the people around them immediately.

    The more you bring out the best in people, the more they work to bring out the best in others.

    A fence is an insult, and insults cause people to be defensive.

  3. The other thing, which we will cover shortly, is why would you do that? There are impromptu jam sessions with world-class musicians that would be banned.

    We already have camping laws.

    We already have panhandling laws.

    We already have vandalism laws.

    We already have noise laws.

    We already have drug laws.

    We already have laws against murder, assault, rape, theft, and pretty much every bad thing that can happen to a person done by abother.

    We also have laws against attempting to legislate specific people out of existence.

  4. I apologize - I forgot to mention the reason I talked about fences in this article. When talking about this ordinance and how to make it work (at the last task force meeting), some things people came up with were redesigning the stage to make it physically uncomfortable to sit on, fencing off the stage and fencing off the entire pavilion. Adam is correct when he says this will be talked about at the next meeting, as well, so if you can find the time to come down to city hall, that would be great.