HomeMy WebLinkAbout2009-21 WITHDRAWNPROOF 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. 21, Series
of 2009, on the Town of Vail's web site, www.vailaov.com, on the 81h day of
October, 2009.
Witness my hand and seal this day of nfi-4 �i�- , 2009.
yTotmy Nag �1► OF .. . eputy C�
ORDINANCE NO. 21
SERIES OF 2009
AN ORDINANCE AMENDING ORDINANCE NO. 15 DEFINING ELECTRONIC
PERSONAL ASSISTIVE MOBILITY DEVICE ("EPAMD"); ESTABLISHING
REGULATIONS REGARDING THE OPERATION OF SUCH DEVICES IN THE TOWN
OF VAIL; 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 Town promotes alternative transportation modes that are
environmentally friendly and that reduce society's dependence on fossil fuels; and
WHEREAS, by the provisions of this Ordinance, the Town desires to: (a) define
Electric Personal Assisted Mobility Device; Declare such vehicles as exempt from motor
vehicle traffic laws except as provided in the Ordinance; implement regulations for the
operation of EPAMDs in the Town of Vail; and
WHEREAS, On September 15, 2009 the Council directed the staff to amend
Ordinance No. 15, Series of 2009, extending the Sunset Provision and Ordinance
Expiration for an additional year to October 5, 2010 and by adding a new section
requiring EPMAD's to have audible warning safety equipment installed; and
WHEREAS, the Town Council finds and determines that the public health, safety,
and welfare will be served by the adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. DEFINITIONS
Electronic Personal Assistive Mobility Device ("EPAMD") means a self -balancing,
nontandem two -wheeled device, designed to transport only one person, which is
powered solely by an electronic propulsion system producing an average power output
of no more than seven hundred fifty wafts.
Section 2. OPERATION OF EPAMDs AUTHORIZED
Except as provided by this Ordinance, the operation of EPAMDs in the Town shall be
exempt from the Model Traffic Code, as adopted by the Town of Vail, and such other
Town ordinances that regulate motorized vehicles in Town.
Section 3. EPAMD OPERATION, PARKING AND EQUIPMENT REGULATIONS
For the purposes of operation, parking, and equipment and subject to the additional
regulations set forth in this Ordinance, EPAMDs shall be considered bicycles and shall
OrdinanceNo. 21, Series of 2009
be subject to the provisions and regulations concerning bicycles contained in the Model
Traffic Code, as adopted by the Town of Vail.
Section 4. RESTRICTIONS ON THE OPERATION OF EPAMDs
A. It shall be unlawful for any person to operate EPAMDs in the following public areas:
(1) Vail Nature Center
(2) Betty Ford Alpine Garden
(3) Village Streamwalk (currently pedestrian only)
(4) All children's playgrounds
(5) All turf areas
(6) All natural/unimproved areas
B. The rider of an EPAMD shall have all the same rights and duties as an operator of
any other vehicle pursuant to C.R.S. Article 4, Title 42, except as to those provisions that
by their nature have no application and have not otherwise been lawfully amended by
this Ordinance.
Section 5. FURTHER RESTRICITONS ON EMPADs
It shall be unlawful to operate EPAMD's on streets and highways that are parts of the
state highway system.
Section 6. MINIMUM AGE FOR OPERATION OF EPAMDs
Operation of EPAMDs shall be limited to persons sixteen (16) years of age or older.
Section 7. VIOLATIONS
Violations of this Ordinance shall be punishable in accordance with the Section 1-4-1 of
this Code.
Section 8. EXCEPTIONS
The provisions of this section limiting the use of EPAMDs do not apply to an EPAMD
when that devise is operated by a person with a mobility impairment caused by physical
disability who uses the device to enhance that person's mobility.
Section 9. SUNSET PROVISION AND ORDINANCE EXPIRATION
This Ordinance, and the rights granted by this Ordinance, shall expire on SeptembeF 3G�
:2009 October 5, 2010.
Section 10. REQUIRED SAFETY EQUIPMENT
All EPAMD's operated within the Town of Vail must be equipped with an audible warning
device.
Section 11. 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
OrdinanceNo.21. Seriesof2009
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 12. 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 13. 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 6th day of October, 2009, and a
public hearing for second reading of this Ordinance set for the 20th day of October, 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. 21, Series of 2009