City manager proposes closing parks and recreation areas at night

Concerned about safety and health risks associated with encampments and other activities after nightfall, Boulder City Manager Jane S. Brautigam announced Friday that she is considering closing parks, parkways, recreation areas and open space between the hours of 11 p.m. and 5 a.m. The proposed rule, issued according to authority granted to her under city code, is subject to a 15-day period for public comment.

Members of the public may file written comments with the city beginning on Sunday, Dec. 18, 2011, when notice will be published in the newspaper, and ending on Jan. 2, 2012.  The city manager will consider all comments before deciding whether to impose the rule as written or make changes to it. The rule would take effect once she submits a final decision to the City Attorney’s Office.

The proposed rule would not apply to individuals passing through the affected areas on foot or bicycle or in cases where permitted events are being held. In addition, it would allow police to consider personal property left behind during these hours to be abandoned.

While the most visible use of these areas in recent days have been protestor encampments outside the Municipal Building, the rule is not intended to curb free or constitutionally protected speech. Individuals would remain welcome to congregate in city parks during daytime hours for these and any other lawful activities.

“The City of Boulder values the rights of all of our community members, including those who wish to use our public property,” Brautigam said. “We need to ensure that all people are able to do so safely and work hard to protect our public spaces for future generations to enjoy.”

“Closing our parks for a limited number of hours each night will help us address the important health and safety concerns while still providing for meaningful access during the day,” the city manager said. “I believe this is a balanced approach.”

Brautigam made the decision after consulting with City Attorney Tom Carr and Police Chief Mark Beckner and taking into account recent court decisions related to access to public property. Carr said the rule, which would impose reasonable time, place and manner restrictions, is similar to provisions for closures in other cities.

Copies of the rule are available for public review at Central Records on the second floor of the Municipal Building at 1777 Broadway. Individuals who wish to comment on the rule may send their written remarks by U.S. mail to Parks Closure Rule, City of Boulder Box 791, Boulder, CO 80306, or e-mail them toparksclosurerule@bouldercolorado.gov before or on Jan. 2, 2012.