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8 tickets in 1st month of waterways camping law

       A city ordinance declaring camps within 100 feet of public waterways legally unsafe passed Colorado Springs City Council and took effect July 23.

This camp under 31st Street, where Camp Creek spills into Fountain Creek, would be deemed legally unsafe under the new city waterways ordinance.
Courtesy of Steve Bartley

       The date was memorable for Colorado Springs Police Lt. Michael Lux because that was a day when the city was hit with some of the heaviest rainfall it's seen in years, causing flooding all over town.
       One of the stated purposes of the law was to prevent the drowning of campers, who are known to squat on creek banks or inside large drainage culverts.
       Lux heads up CSPD's Downtown Area Response Team (which includes the Westside). In a late-August interview with the Westside Pioneer, he said that since the ordinance took effect, those camped illegally had “mostly” been cooperative with police in terms of relocating, but officers also had to issue tickets (eight in the first month) when people refused to move.
       He couldn't point to exact instances where police had saved campers' lives, but said he believes enforcement efforts are helping, by keeping tabs on popular waterway sites. While many campers are used to living outdoors and “prone to survive,” as Lux put it, it's also true that certain elements among them “can get intoxicated and die in just inches of water.”
       As for where the displaced campers are going, he described a combination of circumstances, in which some sneak back to creekside places they like - particularly in the downtown or Westside - while others migrate to popular non-creek locations.
       Prime squatting spots can even be looked up now on websites that support such lifestyles, Lux pointed out.
       Urged by the Mayor's Office, the waterways law is also a question of water quality, according to City Stormwater Manager Richard Mulledy in a presentation to council.

The El Paso County Sheriff's Office and Colorado Springs Police Department have participated in two "Coffee with a Cop" events on the Westside in the past year. The scene at left is from the July gathering at the Mason Jar restaurant.
Westside Pioneer photo

       Although studies have not yet pinpointed pollution sources, the ordinance states that “persons camped within public streams and/or public stream riparian zones may urinate, defecate, bathe in, or otherwise contaminate stream waters, resulting in unsanitary and unhealthy conditions.”
       The ordinance also notes that the 100-foot distance from stream banks is used by the National Forest Service and National Park Service in their campgrounds.
       Overnight camping on public land is already illegal, but is only enforced when city officials believe there are enough shelter beds for all who need them. There is also an unofficial city policy to give campers 24-hour notice.
       The waterways law, because of its safety aspect, is not contingent on such rules, based on council discussion.
       Lux said that officers are typically giving campers an hour of warning, with some leeway if it takes them longer to pack up.
       The law was supported by seven of the nine councilmembers, except Yolanda Avila and Bill Murray - both of whom alleged that the law is biased against homeless people.
       The chief council proponent was Tom Strand, who argued against a plea to delay implementation. “If we're saying this is truly a health and safety matter, then we must not be that worried if we're ready to delay it,” he said.
       Councilmember Jill Gaebler said that she does not want the city to be “punitive and harsh” with campers, but the ordinance addresses the issue that “community members want to feel safe along trails” near streams. “I am one of them,” she added, “because I do not feel safe.”

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