Facility Rules and Regulations

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 the City of Fort Collins’ Gardens on Spring Creek facility and programs, as well as any other facilities when being used for Gardens-sponsored programs. 

As used in these regulations, “Staff Member” or “Staff” refers to a Gardens on Spring Creek staff person who is present at or working in a City Gardens on Spring Creek facility as part of their job duties. 

The City of Fort Collins’ Gardens on Spring Creek and programs 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 The Gardens on Spring Creek facilities and participation in Gardens on Spring Creek programming. At Staff discretion, engagement in behavior prohibited by these regulations may subject the individual(s) involved to exclusion from The Gardens on Spring Creek 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  The Gardens on Spring Creek Facility or Programs. Therefore, any act designated in this Section (Serious Prohibited Acts) may result in the immediate ejection or removal of such person. Any person ejected from The Gardens on Spring Creek or Programs must immediately leave the Facility and/or Program and may not return for a minimum of 24 hours. 

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

• 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; 

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

• 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; 

• 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; 

• Alcohol, Tobacco, Marijuana, or Drugs. Use or possession of alcohol (except where authorized by The Gardens on Spring Creek director or assigned designee), legal drugs (including tobacco, vaping, and marijuana use), or illegal drugs, or any discernible intoxication from alcohol or drugs; 

• Abusive or Threatening Behavior. Physical or verbal abuse of staff or guests or intentional behavior which would cause fear of injury or harm. This includes but is not limited to: written or verbal words or actions or behaviors intended to instill fear. This conduct is prohibited when directed toward staff or guests. 

• Illicit Photography. Use of photographic equipment or imaging devices, including cameras, cell phones, 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 Gardens on Spring Creek Facility or programs 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. Violators may be subject to additional disciplinary action. 

• Intended Uses Only. Use of any facility or equipment therein for other than its intended use as an educational and cultural facility, or alteration of any equipment or facility; as a living museum, The Gardens on Spring Creek prohibits the collection or deposit of seeds or the propagation of plants generally without the written consent from Staff; 

• 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 or Programs; 

• Interfering with The Gardens on Spring Creek 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 or program; 

• Poor Personal Hygiene. The failure to maintain a level of personal hygiene or open wounds that pose a health and safety concern; 

• Unauthorized Use of Facilities. Use of any facility for commercial activities not specifically authorized and arranged through The Gardens on Spring Creek 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

•       commercial photography that is completed without obtaining a photography permit. 

• Obstreperous Behavior. Conduct that disrupts or obstructs any program or activity that is a program of The Gardens on Spring Creek or any other Gardens-sponsored activity or event; 

• Unauthorized Use of Restrooms. Using restrooms for washing clothes, or for shaving, brushing teeth, or bathing.  

• Unauthorized Use of Wheeled Toys, including bicycles, rollerblades, skateboards, scooters, or roller skates; 

• 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 Gardens’ Director or City Policy; 

• Other Posted or Provided Rules. Failure to comply with any specific rules of use or conduct posted or provided to users within The Gardens on Spring Creek and/or Gardens’ program. 

The Gardens on Spring Creek welcomes and encourages children to use our materials and services. As The Gardens on Spring Creek facilities are essential to the lives of children, we strive to provide useful, safe and inviting spaces for youth. However, neither The Gardens on Spring Creek nor its staff members act in loco parentis (in place of parents). Parents/caregivers are advised that staff cannot take responsibility for children who are left unattended.

The Gardens on Spring Creek facilities are public facilities, which are open to everyone, and parents or caregivers are expected to accompany children in need of supervision on Gardens visits to ensure the safety and well-being of their children. Parents/caregivers should verify operating hours, whether a child must have direct supervision from an adult, and the facility schedule for age-appropriate activities prior to leaving children at the facility.

At all times, parents or caregivers are responsible for their children’s behavior and safety. Unless officially signed into a Gardens’ program, children under the age of 14 years must be accompanied by a parent or guardian. If an unattended child appears to be lost, is being disruptive, or if in the judgment of staff, their safety is jeopardized, The Gardens on Spring Creek staff will attempt to locate the parent or caregiver. If the parents or caregiver cannot be located within 30 minutes, and the child is under the age of 14 years, the child may be placed in the care of the local law enforcement agency. Unless officially signed into a Gardens’ program, The Gardens on Spring Creek 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 in accordance with the Americans with Disabilities Act, and any requirements set forth herein may be waived or altered by The Gardens on Spring Creek Director in charge of a facility or programs 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, The Gardens on Spring Creek Staff or Volunteers feel threatened or for any emergency situation, they may call 911 and complete an incident report.

Serious Acts

a. Staff will evaluate the safety of approaching the individual and whether to ask another staff member or supervisor to assist.

b. Staff will ask the patron to immediately leave the premises, and not to return for at least 24 hours.

c. If the patron leaves, Staff must document the incident in report, and provide the information to their supervisor and manager.

d. If the patron does not leave, Staff should immediately call 911.

e. The patron may be told that facility privileges have been suspended, and they will not be permitted access to any The Gardens on Spring Creek facility or program until disciplinary action has been finalized.

Other Prohibited Acts

a. Staff will inform the patron that the act must stop and not repeat.

b. If the behavior stops, normal activity can then continue. Staff must document the incident in a report.

c. If the behavior does not stop, City Staff may inform the person to leave the facility immediately.

d. The visitor may be told that facility privileges have been suspended, and they will not be permitted access to The Gardens on Spring Creek until disciplinary action has been finalized.

e. 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 facilities.

f. 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 The Gardens on Spring Creek facilities for a designated period of time deemed appropriate for the nature of the offense.

Guidelines for Suspension Lengths

The Gardens on Spring Creek Director, or their designee, may suspend a patron for any length of time between one day and up to a permanent ban for serious prohibited acts. Staff involved in the incident will provide the Gardens on Spring Creek Director will all relevant information in writing. The following factors should be considered when determining how long a suspension should last.

a. The seriousness of the incident

b. The history of related issues with the patron

c. Whether, how many times, and how recently the patron has been previously suspended

d. Whether people were injured during the incident

e. Whether property was damaged during the incident

f. Whether criminal charges were or will be filed in relation to the incident

g. Whether the patron shows remorse for their actions

A visitor who has been suspended may appeal the suspension decision or the conditions for reinstatement to the Director of Cultural Services or their designee by filing 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. The city staff member hearing the appeal will not be the same individual who made the initial suspension recommendation. The decision of the appeal 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 five (5) 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.