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HomeMy WebLinkAbout2009-09PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 09, Series of 2009, on the Town of Vail's web site, www.vailoov.com, on the 8t" day of April, 2009. Witness my hand and seal this 9M" day of m el ;-- Town o epu"ms' (seal) , 2009. ORDINANCE NO. 9 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 1, ADMINISTRATION, VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION, "RESTITUTION ORDERS" TO CHAPTER 4, GENERAL PENALTY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the 'Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Vail Municipal Court requires the ability to impose restitution in criminal actions where a defendant has been adjudged guilty for violating an ordinance of the Town for any actual damage or loss caused by the offense or infraction for which the conviction or judgment of liability was had; and WHEREAS, the Council declares that the victims of a crime are entitled to be compensated for their losses and hereby finds that it is in the best interest of the citizens of the Town to revise the Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4, General Penalty. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-4-1 of the Municipal Code of the Town of Vail is hereby amended with the addition subsection C. "Restitution Orders" to read as follows: 1-4-1: GENERAL PENALTY: C. Restitution Orders: (a) The Municipal Court has the ability to order restitution in cases where a victim suffers actual losses or can show future costs for treatment. Any order for restitution entered pursuant to this Section shall be a final civil judgment in favor of the Town and any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment shall remain in force until the restitution is paid in full. The entry of an order for restitution under this Section creates a lien by operation of law against the defendant's personal property and any interest that the defendant may have in any personal property. Any order of restitution imposed shall be considered a debt for "willful and malicious" injury for purposes of exceptions to discharge in bankruptcy as provided in 11 U.S.C. § 523. (b) Any order of restitution may be increased or decreased upon a showing of good cause. If more than one (1) defendant owes restitution to the same victim for the same pecuniary loss, the orders for restitution shall be joint and several obligations of the defendants. Ordinance No, 9, Series of 2009 (c) Victims of traffic accidents cannot request restitution if the vehicle they drove, regardless of ownership, did not have insurance coverage. Nothing in this Subsection shall prohibit a passenger in the vehicle from being awarded restitution if the driver or passenger was not covered by his or her own medical payments coverage policy. (d) Nothing in this Chapter shall be construed to limit or abrogate the rights and immunities set forth in the "Colorado Governmental Immunity Act," Article 10 of Title 24, C.R.S. Section 2. 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 3. The amendment of any provision of the 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 4. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of April, 2009, and a public hearing for second reading of this Ordinance set for the 21" day of April, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 9, Series of 2009 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 09, Series of 2009, on the Town of Vail's web site, www.vailoov.com, on the 22"d day of April, 2009. Witness my hand and seal thiso0?r-jday of l—E Deputy Cle 4%t 414 (seal) , 2009. ORDINANCE NO. 9 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 1, ADMINISTRATION, VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION, "RESTITUTION ORDERS" TO CHAPTER 4, GENERAL PENALTY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Vail Municipal Court requires the ability to impose restitution in criminal actions where a defendant has been adjudged guilty for violating an ordinance of the Town for any actual damage or loss caused by the offense or infraction for which the conviction or judgment of liability was had; and WHEREAS, the Council declares that the victims of a crime are entitled to be compensated for their losses and hereby finds that it is in the best interest of the citizens of the Town to revise the Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4, General Penalty. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-4-1 of the Municipal Code of the Town of Vail is hereby amended with the addition subsection C. "Restitution Orders" to read as follows: 14-1: GENERAL PENALTY: C. Restitution Orders: (a) The Municipal Court has the ability to order restitution in cases where a victim suffers actual losses or can show future costs for treatment. Any order for restitution entered pursuant to this Section shall be a final civil judgment in favor of the Town and any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment shall remain in force until the restitution is paid in full. The entry of an order for restitution under this Section creates a lien by operation of law against the defendant's personal property and any interest that the defendant may have in any personal property. Any order of restitution imposed shall be considered a debt for "willful and malicious" injury for purposes of exceptions to discharge in bankruptcy as provided in 11 U.S.C. § 523. (b) Any order of restitution may be increased or decreased upon a showing of good cause. If more than one (1) defendant owes restitution to the same victim for the same pecuniary loss, the orders for restitution shall be joint and several obligations of the defendants. (c) Victims of traffic accidents cannot request restitution if the vehicle they drove, regardless of ownership, did not have insurance coverage. Nothing in this Subsection shall prohibit a passenger in the vehicle from being awarded restitution if the driver or passenger was not covered by his or her own medical payments coverage policy. Ordinance No. 9, Series of 2009 n (d) Nothing in this Chapter shall be construed to limit or abrogate the rights and immunities set forth in the "Colorado Governmental Immunity Act," Article 10 of Title 24, C.R.S. Section 2. 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 3. The amendment of any provision of the 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 4. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7 h day of April, 2009, and a public hearing for second reading of this Ordinance set for the 21" day of April, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2151 day of April, 2009. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 9, Series of 2009 Dick Cleveland, Mayor