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HomeMy WebLinkAbout2013-14PROOF 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. 14 Series of 2013, on the Town of Vail's web site, www.vailciov.com, on the 18th day of September, 2013. t Witness my hand and seal this day of Tammy el own of Vail Clerk 2013. v (seal) ORDINANCE NO. 14 SERIES 2013 AN ORDINANCE AMENDING THE VAIL TOWN CODE TO INCREASE THE MAXIMUM FINE FOR CODE VIOLATIONS IN ACCORDANCE WITH STATE LAW 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Colorado General Assembly recently passed House Bill 13- 1060, which increased the maximum fine available under state law for violations of municipal ordinances; and WHEREAS, the Town Council desires to amend the Vail Town Code to allow for an increase of the maximum fine amount available thereunder to correspond with the maximum fine amount available under state law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-4-1 of the Vail Town Code, the general penalty for all code violations, is hereby amended as follows: A. Violation and Punishment. 1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Unless otherwise specifically provided, any person eighteen (18) years of age or older violating any section of this code shall be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) ed , or by incarceration not to exceed one hundred eighty (180) days or by both such fine and incarceration. 2. Any person under eighteen (18) years of age convicted of violating any provision of this code may be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) nine hund-F . Any person under the age of eighteen (18) years convicted of violating any provision of the model traffic code adopted by section 7-1-1 of this code may be punished by a fine of not more than three hundred dollars ($300.00) or by incarceration not to exceed ninety (90) days, or by both such fine and incarceration. Any such person shall be guilty of a separate offense for each and every day during Ordinance No. 14, Series of 2013 any portion of which a violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. Section 2. Section 4-12-20.A of the Vail Town Code, imposing penalties for violations of the sexually oriented business regulations, is hereby amended as follows: A. It shall be unlawful for any person, corporation or other entity to violate any provision of this chapter, and any such violation shall be subject to the penalties set forth in Section 1-4-1 of this Code awe Tate eWc_eed ;AMP- ,^^'. RiRety nine d0crc d impr4 Each and every day of violation of the provisions of this chapter shall constitute a separate offense punishable as such. Section 3. Section 6-3H-11 of the Vail Town Code, imposing penalties for assault weapons violations, is hereby amended as follows: 6-3H-11: PENALTY: Any person who is convicted of violating any provision of this Article shall be punished as provided in Section 1-4-1 of this Code by a fiRe Of teso then a than niRe hURdF Section 4. Section 6-4-23.B of the Vail Town Code, imposing penalties for animal control violations, is hereby amended as follows- B. The above -stated fines are minimum penalties and all violations are subject to the general penalties set forth in Section 1-4-1 of this Code Section 5. Section 6-4A-10.B of the Vail Town Code, imposing penalties for carriage violations, is hereby amended as follows: B. Imposition Of Penalty; Revocation Of Permit: The above stated fines are minimum penalties and all violations are subject to the general penalties set forth in Section 1-4-1 of this Code jail.(189) days in There shall be a mandatory revocation of a carriage operation's permit upon a third violation of this article within an eighteen (18) month period of time. Section 6. 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 Ordinance No. 14, Series of 2013 of the remaining portions of this ordinance; and the 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 7. The 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 8. 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 9. 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 September, 2013 and a public hearing for second reading of this Ordinance set for the 1st day of October, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 14, Series of 2013 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. 14 Series of 2013, on the Town of Vail's web site, www.vailqov.com, on the 161h day of October, 2013. Witness my hand and seal this ) Pday of n c �C�1�e_� 2013. D ,i� Q6ammNagel Acting Town of Vail Clerk Z ORDINANCE NO. 14 SERIES 2013 AN ORDINANCE AMENDING THE VAIL TOWN CODE TO INCREASE THE MAXIMUM FINE FOR CODE VIOLATIONS IN ACCORDANCE WITH STATE LAW 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Colorado General Assembly recently passed House Bill 13- 1060, which increased the maximum fine available under state law for violations of municipal ordinances; and WHEREAS, the Town Council desires to amend the Vail Town Code to allow for an increase of the maximum fine amount available thereunder to correspond with the maximum fine amount available under state law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-4-1 of the Vail Town Code, the general penalty for all code violations, is hereby amended as follows: A. Violation and Punishment. 1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Unless otherwise specifically provided, any person eighteen (18) years of age or older violating any section of this code shall be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) Pine hundrad +}iaety nine . A}, or by incarceration not to exceed one hundred eighty (180) days or by both such fine and incarceration. 2. Any person under eighteen (18) years of age convicted of violating any provision of this code may be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) nine "icrru dF . Any person under the age of eighteen (18) years convicted of violating any provision of the model traffic code adopted by section 7-1-1 of this code may be punished by a fine of not more than three hundred dollars ($300.00) or by incarceration not to exceed ninety (90) days, or by both such fine and incarceration. Any such person shall be guilty of a separate offense for each and every day during Ordinance No. 14, Series of 2013 any portion of which a violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. Section 2. Section 4-12-20.A of the Vail Town Code, imposing penalties for violations of the sexually oriented business regulations, is hereby amended as follows: A. It shall be unlawful for any person, corporation or other entity to violate any provision of this chapter, and any such violation shall be subject to the penalties set forth in Section 1-4-1 of this Code a -fine net to __seed ^RCS 11 11fir ninet�T^rir,�dellare 899.^ TaflQ Each and every day of violation of the provisions of this chapter shall constitute a separate offense punishable as such. Section 3. Section 6-3H-11 of the Vail Town Code, imposing penalties for assault weapons violations, is hereby amended as follows: 6-3H-11: PENALTY: Any person who is convicted of violating any provision of this Article shall be punished as provided in Section 1-4-1 of this Code then nine-fURdFed sic thin Section 4. Section 6-4-23.6 of the Vail Town Code, imposing penalties for animal control violations, is hereby amended as follows: B. The above -stated fines are minimum penalties and all violations are subject to the general penalties set forth in Section 1-4-1 of this Code Section 5. Section 6-4A-10.B of the Vail Town Code, imposing penalties for carriage violations, is hereby amended as follows: B. Imposition Of Penalty; Revocation Of Permit: The above stated fines are minimum penalties and all violations are subject to the general penalties set forth in Section 1-4-1 of this Code jail. There shall be a mandatory revocation of a carriage operation's permit upon a third violation of this article within an eighteen (18) month period of time. Section 6. 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 Ordinance No. 14, Series of 2013 of the remaining portions of this ordinance; and the 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 7. The 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 8. 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 9. 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 September, 2013 and a public hearing for second reading of this Ordinance set for the 1 st day of October, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of October, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 14, Series of 2013