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HomeMy WebLinkAbout2010-05t ' r- 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. 5, Series of 2010, on the Town of Vail's web site, www.vailciov.com, on the 215t day of April, 2010. Witness my hand and seal this a l04-day of 74p- T4mmy Nage Town 6-Mail Deputy CI 43 a Q , 2010. (seal) ORDINANCE NO. 5 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 6-3C-6(B) OF THE VAIL TOWN CODE REGARDING THE POSSESSION, USE AND DISPLAY OF CANNABIS; 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 Council finds that public display or consumption of cannabis within the Town is of public concern and efficient police regulation of such a crime would preserve the general welfare of the citizens and guests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Section 6-3C-6(B) is hereby amended to read as follows: SECTION 6-3C-6(B) UNLAWFUL ACTS DESIGNATED: It shall be unlawful for any person to: 1. Possess not more than one (1) ounce. of cannabis, without documented legal authority to do so; or 2. Openly and publicly display, consume or use not more than one (1) ounce of cannabis. Any person convicted of having violated this Section B shall be punished pursuant to Section 1-4-1 of this Code. 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, Ordinance No. 5, Series 2010 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. Section 5. The Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of Aril, 2010, and a public hearing for second reading of this Ordinance set for the 4day of May, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 5, Series 2010 I 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. 5, Series of 2010, on the Town of Vail's web site, www.vailciov.com, on the 51h day of May, 2010. Witness my hand and seal this S is day of 2010. Tam agel'' o Vail ut rk ORDINANCE NO. 5 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 6-3C-6(B) OF THE VAIL TOWN CODE REGARDING THE POSSESSION, USE AND DISPLAY OF CANNABIS; 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 Council finds that public display or consumption of cannabis within the Town is of public concern and efficient police regulation of such a crime would preserve the general welfare of the citizens and guests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Section 6-3C-6(B) is hereby amended to read as follows: SECTION 6-3C-6(B) UNLAWFUL ACTS DESIGNATED: It shall.be unlawful for any person to: 1. Possess not more than one (1) ounce of cannabis, without documented legal authority to do so; or 2. Openly and publicly display, consume or use not more than one (1) ounce of cannabis. Any person convicted of having violated this Section B shall be punished pursuant to Section 1-4-1 of this Code. 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, Ordinance No. 5, Series 2010 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. Section 5. The Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of Aril, 2010, and a public hearing for second reading of this Ordinance set for the 4day of May, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of May, 2010. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 5, Series 2010