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Home My WebLink About2024-17 An Ordinance Amending Title 7 of the Vail Town Code Regarding Pedestrian Mall Areas and Loading Docks in the TownORDINANCE NO. 17 Series of 2024 AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE REGARDING PEDESTRIAN MALL AREAS AND LOADING DOCKS IN THE TOWN WHEREAS, on August 16, 2022, the Town Council passed revisions to Title 7 of the Vail Town Code related to pedestrian and vehicular circulation in pedestrian malls in the Town (the "Ordinance"); WHEREAS, the Ordinance created a coordinated delivery system to address pedestrian safety, allow for better emergency vehicle access by reducing congestion, and provide for the coordinated and efficient delivery of goods in pedestrian mall area; and WHEREAS, the Town Council desires to amend the Ordinance to clarify the requirements and separate loading dock permits from pedestrian mall access permits. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-11-4 of the Vail Town Code is hereby repealed in its entirety and replaced as follows: § 7-11-4: EXCEPTIONS. In all pedestrian mall areas, the following vehicular traffic is permitted: (A) Vehicles issued a permit by the Town in accordance with Chapter 12 of this Title; (B) Public transportation vehicles operated by the Town; (C) Emergency vehicles; (D) Armored money vehicles; (E) Waste and recycling collection vehicles; (F) Vehicles entering or exiting a parking structure located within a pedestrian mall area to access a business or residence when there is no other means of vehicular access; (G) Property owners and their guests actively loading or unloading when there is no other means of vehicular access; (H) Guests checking in or out of any accommodation establishment located within a pedestrian mall area; and (I) Vehicles that are inseparable from and necessary to an active repair or maintenance service being performed within a pedestrian mall area. 2 Section 2. Chapter 12 of Title 7 of the Vail Town Code is hereby repealed in its entirety and replaced as follows: CHAPTER 12 PEDESTRIAN MALL VEHICULAR ACCESS PERMITS § 7-12-1: PURPOSE. The purpose of this Chapter is to increase the safety of pedestrian traffic, reduce environmental impacts, allow for better emergency vehicle access by reducing congestion, and provide for a coordinated permitting process for certain low-impact vehicles to access pedestrian mall areas in accordance with Section 7-11-4(A). § 7-12-2: PEDESTRIAN MALL AREAS. Pedestrian mall areas shall be those areas designated as a pedestrian mall by Chapter 11 of this Title. § 7-12-3: ACCESS PERMIT REQUIRED. (A) An access permit shall be required for all vehicles seeking access to a pedestrian mall area except for those vehicles exempted by Section 7-11- 4(B) – (I). (B) The Vail Police Department shall issue a pedestrian mall permit only when the final destination of the goods to be delivered is in a pedestrian mall area and the size and weight of the goods make delivery impractical by any other means as determined by the Vail Police Department. § 7-12-4: VIOLATION AND PENALTY. (A) Violation: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be civil infractions. Each day of violation shall be deemed a separate offense. (B) Civil Enforcement: (1) If the Town chooses civil enforcement, a citation may be served by posting on the front door of the business in violation, or by personal service on the alleged violator, or by mailing first-class U.S. Mail to the last known address of the alleged violator. (2) Civil violations shall be subject to the following fines and penalties: (a) First violation in any twelve (12) month period: $500. (b) Second violation in any twelve (12) month period: $1,500. (c) Third and subsequent violations in any twelve (12) month period: $2,500. (3) All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the violator disputes the 3 violation, a written protest shall be filed with the Town within fourteen (14) days of the date of the citation. (4) If the citation is protested, the Town shall cancel the citation and proceed to criminal enforcement. (C) Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. (D) Other Remedies: In addition to the penalties described herein, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation damages, specific performance and injunctive relief. Section 3. Title 7 of the Vail Town Code is hereby amended by the addition of a new Chapter 13 to read as follows: CHAPTER 13 LOADING DOCK PERMITS § 7-13-1: PURPOSE. The purpose of this Chapter is to allow for the efficient use of loading docks in the Town through a coordinated permitting system. § 7-13-2: LOADING DOCK PERMIT REQUIRED. (A) A loading dock permit shall be required for any person or business seeking access to a loading dock in the Town. (B) An application for a loading dock permit shall be submitted to the Vail Police Department, on forms provided by the Vail Police Department. Permits shall be issued when the application conforms with all requirements of this Code including payment of the applicable permit fee. § 7-13-3: PERMIT FEES. Permit fees shall be set forth in the fee schedule adopted by resolution of the Town Council. Permit fees shall be calculated on an annual basis beginning in October of each year and shall be prorated on a monthly basis. § 7-13-4: VIOLATION AND PENALTY. (A) Violation: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be civil infractions. Each day of violation shall be deemed a separate offense. (B) Civil Enforcement: (1) If the Town chooses civil enforcement, a citation may be served by posting on the front door of the business in violation, or by personal service on the alleged violator, or by mailing first-class U.S. Mail to the last known address of the alleged violator. 4 (2) Civil violations shall be subject to the following fines and penalties: (a) First violation in any twelve (12) month period: $500. (b) Second violation in any twelve (12) month period: $1,500. (c) Third and subsequent violations in any twelve (12) month period: $2,500. (3) All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the violator disputes the violation, a written protest shall be filed with the Town within fourteen (14) days of the date of the citation. (4) If the citation is protested, the Town shall cancel the citation and proceed to criminal enforcement. (C) Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. (D) Other Remedies: In addition to the penalties described herein, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation damages, specific performance and injunctive relief. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 5 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2024 and a public hearing for second reading of this Ordinance set for the 3rd day of December, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of December 2024. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk