Recreation

These regulations are authorized by Section 23-140 of the Code of the City of Fort Collins.  Additional authority to enforce these regulations is set forth in Section 18-9-110, C.R.S. (Public buildings - trespass, interference - penalty), and Section 18-9-117, C.R.S. (Unlawful conduct on public property).

These regulations apply to all City of Fort Collins Recreation facilities, including but not limited to: Edora Pool Ice Center, Mulberry Pool, City Park Center/Club Tico, the Pottery Studio, the Senior Center, Northside Aztlan Community Center and the Foothills Activity Center; as well as the fenced confines of City Park Pool, City Park Railway, and The Farm at Lee Martinez Park; and the grounds and buildings comprising the Rolland Moore Racquet Complex, as well as any other tennis facilities when being used for City-sponsored tennis activities.

As used in these regulations, “Staff Member” or “Staff” refers to a City Recreation Department staff person who is present at or working in a City Recreation facility as part of his or her job duties.

The City of Fort Collins Recreation facilities are tax-supported and citizens expect and deserve a clean, enjoyable, and safe environment.  Unfortunately, the behavior of a few visitors may destroy this environment for others.  Such behaviors are referred to in these regulations as “Unacceptable Behaviors”, and include actions that may: interfere with Staff’s ability to manage the facility; interfere with another person's use of the facility resulting in injury to oneself or others; violate the law; or resulting in loss or damage to public or private property.  These regulations are intended to identify such Unacceptable Behaviors and set out both the consequences of failure to comply and the enforcement process.  Compliance with these regulations is a condition of using Recreation facilities.  At Staff discretion, engagement in behavior prohibited by these regulations may subject the individual(s) involved in exclusion from Recreation facility premises and programs and, in some cases, to legal prosecution.

The City Manager finds that pursuant to CRS 18-9-110, et. Seq., any of the following acts, if taken or made by any person, whether the act is completed or not, would or could disrupt, impair, interfere with, or obstruct the lawful mission, processes, procedures or functions being carried on in or at a Recreation Facility. Therefore, any act designated in this Section (Serious Prohibited Acts) may result in the immediate ejection of such person. Any person ejected from a Recreation Facility must immediately leave the Recreation Facility, and may not return for a minimum of 24 hours.

1) Illegal Act. Any action, event, or group of events that constitutes a violation of federal, state or local law;

2) Damaging Property. Conduct intended to cause or with reckless disregard, causes or attempts to cause the destruction, damage or theft of City property, or the property of others;

3) Public Indecency. Public indecency, indecent exposure, or obscenity (for purposes of this Subsection, indecency does not include the female breast);  

4) Fighting. Any action which, in the reasonable judgment of Staff, constitutes an attempt to inflict or does inflict injury to other persons or damage to property, or which poses an unreasonable risk of such injury or damage, such as fighting or instigating an altercation;

5) Intimidating Behavior. Any conduct or expression that in the reasonable judgment of Staff, is intended to intimidate or would be reasonably expected to intimidate, or intimidates others, or encourages or incites unlawful or otherwise prohibited conduct;

6) Alcohol or Drugs. Use or possession of alcohol (except where authorized by the Recreation Area Manager or assigned designee) or illegal drugs, or any discernible intoxication from alcohol or drugs;

7) Abusive Behavior. Physical or verbal abuse of staff or guests;

8) Illicit Photography. Use of photographic equipment or imaging devices, including cameras, cell phones, etc. in locker rooms, changing rooms, restrooms, or anywhere that a person has a reasonable expectation of privacy.

Serious Prohibited Act: Process Steps for Staff Action

Any person committing a Serious Prohibited Act may be asked to leave the Recreation Facility immediately. Failure to do so will result in Law Enforcement being called and the person being charged with a violation of the City’s Trespass Ordinance or other appropriate charges.

1) Intended Uses Only. Use of any facility or equipment therein for other than its intended use, or alteration of any equipment or facility;

2) Failure to Follow the Direction of Staff. The failure to comply with direction given by City Staff acting in the performance of their duties or interference with the performance of such duties or other operations of the facility;

3) Interfering with Recreation Activities or Staff Acts. Any action which, in the reasonable judgment of Staff, unreasonably interferes with or obstructs the reasonable use and enjoyment by others of the facility;

4) Poor Personal Hygiene. The failure to maintain a level of personal hygiene that is non-offensive in a social or group environment;

5) Unauthorized Use of Facilities. Use of any facility for commercial activities not specifically authorized and arranged through recreation management, including but not limited to:

• sales or soliciting, 
• marketing or conducting surveys, 
• conducting private or public classes, lessons, clinics, workshops, trainings or other instructional activities, except to the extent that same may be carried out in a manner comparable to use of the facility by the general public user, or
• photography that is not done when a person has a reasonable expectation of privacy (that is considered a serious prohibited act) but is completed without permission of the subject or of the Facility Manager, or both.

6) Tobacco, Marijuana, or Vaping. Smoking, vaping or the use of chewing tobacco or other tobacco or marijuana products;

7) Obstreperous Behavior. Conduct that disrupts or obstructs any program or activity that is a program of the particular Recreation facility or any other City-sponsored activity or event;

8) Unauthorized Food, Drink, or Gum. Possession or consumption of food, beverages (other than water bottles and sports drinks), or gum in any areas of the facility not specifically posted to permit the same;

9) Unauthorized Use of Restrooms. Using restrooms for washing clothes, or for shaving or bathing.  Using locker rooms for washing clothes;

10) Unauthorized Use of Wheeled Toys. Indoor use of bicycles, rollerblades, skateboards, scooters, or roller skates; 

11) Prohibited Pets. Possession of any animals, except use of service animals by a person with a disability in accordance with ADA regulations, or as otherwise authorized by Staff or City Policy;

12) Other Posted or Provided Rules. Failure to comply with any specific rules of use or conduct posted or provided to users within any facility.

Other Prohibited Acts: Process Steps for Staff Action

• Staff will follow the attached flow chart. However, these prohibited acts may receive a verbal warning and/or probation period up to one year.
• Future incidents or failures to follow prohibited act may lead to further suspensions of use of recreation facilities and programs.

The Recreation Department welcomes and encourages children to use the materials and services of the Recreation Department. As recreation facilities are essential to the lives of children, we strive to provide useful, safe and inviting spaces for youth in all of our facilities. However, neither the Recreation Department nor its staff members act in loco parentis (in place of parents). The recreation facilities are public facilities which are open to everyone and parents or caregivers are expected to accompany children in need of supervision on recreation facility visits to ensure the safety and well-being of their children. At all times, parents or caregivers are responsible for their children’s behavior and safety. Children under the age of 8 years must be accompanied by a parent or guardian (at least 15 years of age).  If an unattended child appears to be lost, is being disruptive, or if in the judgment of staff, his or her safety is jeopardized, recreation staff will attempt to locate the parent or caregiver. If the parents or caregiver cannot be located, and the child is under the age of twelve years, the child may be placed in the care of the local law enforcement agency. The Recreation Department and its staff members will not under any circumstances be responsible for determining whether an apparent caregiver, custodian or parent is a legally authorized caregiver, custodian or custodial parent of the child.

The City will make reasonable accommodations for persons with disabilities to in accordance with the Americans with Disabilities Act, and any requirements set forth herein may be waived or altered by the Recreation Program Manager in charge of a facility as necessary to accommodate the needs of persons with disabilities desiring to access that facility.  However, visitors must be able to take care of their own health, medical and personal care needs, and must not pose a direct threat to the health and safety of others or themselves. A visitor who cannot meet their own health, medical, and personal care needs must be accompanied by a caregiver or other aide who will assume responsibility for assisting the visitor in the facility.  

These regulations will be enforced by City Staff. Progressive discipline will be in effect for repeat or habitual offenders. Refunds will not be issued to visitors who are asked to leave a facility for any prohibited act. City Staff are authorized to determine when it is appropriate to contact the police or other law enforcement officials to assist with enforcement of these regulations and applicable laws. Violations of these regulations that constitute a criminal act may result in arrest and/or the filing of criminal charges. The City may also take additional action as it deems necessary or appropriate in response to violations of the regulations.

If at any time, Recreation Staff or Volunteer feels threatened or for any emergency situation, they may call 911.

Serious Acts

1. Staff will evaluate the safety of approaching the individual and whether to ask another staff member or supervisor to assist.
2. Staff will ask the patron to immediately leave the premises, and not to return for at least 24 hours.
3. If the patron leaves, Staff must document the incident in report, and provide the information to his or her supervisor and manager.
4. If the patron does not leave, Staff should immediately call 911.
5. The patron may be told that facility privileges have been suspended and they will not be permitted access to any City Recreation facility until disciplinary action has been finalized.

Other Prohibited Acts

1. Staff will inform the patron that the act must stop and not repeat.
2. If the behavior stops, normal activity can then continue. Staff must document the incident in a report.
3. If the behavior does not stop, City Staff will inform the person to leave the facility immediately.
4. The visitor may be told that facility privileges have been suspended and they will not be permitted access to any City Recreation facility until disciplinary action has been finalized.
5. In all cases regardless of severity City Staff are required to document any Unacceptable Behavior incident in an Incident Report to identify repeat offenders across City Recreation facilities. Incident reports are saved to the designated file and emailed to the supervisor and manager.
6. A warning/probationary letter will be sent to the patron. Depending on the severity of an offense, or repeated Unacceptable Behaviors, the person may be suspended from using all Recreation facilities for a designated period of time deemed appropriate for the nature of the offense.

Guidelines for Suspension Lengths

The Recreation Manager and/or Supervisor may suspend a patron for any length of time between one day and up to several years for prohibited acts. The following factors should be considered when determining how long a suspension should last.

1. The seriousness of the incident
2. The history of complaints with the patron
3. Whether, how many times, and how recently the patron has been previously suspended
4. Whether people were injured during the incident
5. Whether property was damaged during the incident
6. Whether criminal charges were or will be filed in relation to the incident
7. Whether the patron showed remorse for his or her actions

 

A visitor who has been suspended may appeal the suspension decision or the conditions for reinstatement to the Recreation Area Manager by filing with him or her a written statement of appeal, including the basis of appeal, no later than seven (7) days after the visitor’s receipt of the written notice of suspension.  (If the Recreation Area Manager is making the suspension recommendation, the person making the final decision about a suspension will be the Recreation Department Director.)  The Recreation Area Manager will review the appeal in consultation with the Recreation Director.  The decision of the Recreation Area Manager must be given to the visitor in writing, along with an explanation of the basis for the decision.  That decision will be considered received on the day it is hand-delivered or emailed to the visitor, or three (3) business days from the date of mailing, if it is mailed to the visitor, and will be the City’s final decision on the matter.

NOTE:  There are instances when Staff Members at any level of responsibility may observe Unacceptable Behavior by a facility visitor.  In all cases, a full-time classified Staff Member of higher responsibility handles the recommendation for suspension and either the Recreation Area Manager or the Recreation Director handles the appeal process, depending on whether the Recreation Area Manager was involved in dealing with the original discipline. 

1. The Staff Member who handles the incident (may be a part-time employee or any fulltime staff member assigned to the facility) documents unacceptable behavior in an incident report, including his/her recommendation for suspension of the visitor.
2. The Staff Member then submits the report or reports to his/her direct supervisor, along with previous incident reports on the same visitor (if applicable). All information is then given to the Program Supervisor for recommended discipline.
3. After reviewing all the available information and conducting such investigation as is determined to be necessary or appropriate, the Recreation Supervisor upholds or denies the recommendation for discipline or reinstatement conditions. If it is decided that a suspension is appropriate, the length of the suspension is set and notification is given to the visitor in writing of the decision, the basis for the decision, and the terms of reinstatement, along with the right of appeal, as outlined above.