Loading...
HomeMy WebLinkAbout2009-02PROOF 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. 02, Series of 2009, on the Town of Vail's web site, www.vailaov.com, on the 18th day of February, 2009. Witness my hand and seal this day of 2009. Tam •. L of Vail p Clerk (seal) �L ORDINANCE NO. 2 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, VAIL TOWN CODE REGARDING THE OFFENSE OF DISTURBING THE PEACE IN THE TOWN OF VAIL. 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, text messaging and email have become a regular and consistent form of media and communication in the United States and elsewhere; and WHEREAS, it has been demonstrated that such communication can be abused and used for the purpose of harassing others; and WHEREAS, the Town Council finds that the crime of disturbing the peace within the Town of Vail is of paramount concern and efficient police regulation of such a crime would preserve the general welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Section 6-3D-4A of the Vail Town Code is hereby amended to read as follows: A. Harassment: It is unlawful for a person to intentionally harass, annoy or alarm another person by: 1. Insults, taunts or challenges to another in a manner likely to provoke a violent or disorderly response; or 2. Following a person in or about a public place; or 3. Engaging in conduct or repeatedly committing acts that alarm or seriously annoy another person and that serve no legitimate purpose; or 4. Initiating communication with a person, anonymously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system which is obscene; or 5. Making a telephone call or causing a telephone to ring repeatedly, whether or not a conversation ensues, with no legitimate conversation; or Ordinance No. 02, Series of 2009 6. Making repeated communications at inconvenient hours or in offensively coarse language. 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 171" day of February, 2009, and a public hearing for second reading of this Ordinance set for the 3d day of March, 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. 02, 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. 02, Series of 2009, on the Town of Vail's web site, www.vailciov.com, on the 4th day of March, 2009. Witness my hand and seal this day ofrxIAIOO 2009. jmyel wn of it Deputy ORDINANCE NO. 2 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, VAIL TOWN CODE REGARDING THE OFFENSE OF DISTURBING THE PEACE IN THE TOWN OF VAIL. 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, text messaging and email have become a regular and consistent form of media and communication in the United States and elsewhere; and WHEREAS, it has been demonstrated that such communication can be abused and used for the purpose of harassing others; and WHEREAS, the Town Council finds that the crime of disturbing the peace within the Town of Vail is of paramount concern and efficient police regulation of such a crime would preserve the general welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Section 6-3D-4A of the Vail Town Code is hereby amended to read as follows: A. Harassment: It is unlawful for a person to intentionally harass, annoy or alarm another person by: 1. Insults, taunts or challenges to another in a manner likely to provoke a violent or disorderly response; or 2. Following a person in or about a public place; or 3. Engaging in conduct or repeatedly committing acts that alarm or seriously annoy another person and that serve no legitimate purpose; or 4. Initiating communication with a person, anonymously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system which is obscene; or 5. Making a telephone call or causing a telephone to ring repeatedly, whether or not a conversation ensues, with no legitimate conversation; or 6. Making repeated communications at inconvenient hours or in offensively coarse language. 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 No. 02, Series of 2009 ft 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 17th day of February, 2009, and a public hearing for second reading of this Ordinance set for the 3`d day of March, 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 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3`d day of March, 2009. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 02, Series of 2009 Richard D. Cleveland, Mayor