HomeMy WebLinkAbout2014-16 FAILEDPROOF 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. 16 Series
of 2014, on the Town of Vail's web. site, www.vailaov.com, on the 8th day of
October, 2014.
Witness my hand and seal this ';t day of ( � ' r�Y its , 2014.
�J
Tamm agel��
�it lerk (seal)
ORDINANCE NO. 16
SERIES 2014
AN ORDINANCE AMENDING THE VAIL TOWN CODE BY THE
ADDITION OF A NEW SECTION 6-3D-6, PROHIBITING THE USE OF
COMPRESSED FLAMMABLE GAS IN THC EXTRACTION IN THE
TOWN OF VAIL, AND SETTING FORTH DETAILS WITH REGARD
THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under
the laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, in 2000, Article XVIII, Section 14 to the Colorado Constitution
("Amendment 20") was passed by a majority of Colorado voters;
WHEREAS, in 2012, Article XVIII, Section 16 to the Colorado Constitution
("Amendment 64") was passed by a majority of Colorado voters;
WHEREAS, Amendment 20 legalizes the medical use of no more than 6
marijuana plants by persons with debilitating medical conditions, including the
production of marijuana;
WHEREAS, Amendment 64 legalizes the possessing, growing, processing or
transporting of no more than 6 marijuana plants for recreational use;
WHEREAS, C.R.S. § 9-7-113 provides that local governments may ban the use
of compressed flammable gas as a solvent in the extraction of THC or other
cannabinoids;
WHEREAS, Colorado has experienced a surge in home explosions and fires
resulting from THC extractions involving compressed flammable gasses; and
WHEREAS, pursuant to the authority granted to the Town by C.R.S. § 9-7-113,
and in the interests of the public health, safety and welfare, the Town Council desires to
make it unlawful to use compressed flammable gases in THC extraction in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 3 of Title 6 of the Vail Town Code is hereby amended by
the addition of the following new Section 6-3D-6:
1 101812014
Ordinance 16, 2014
6-3D-6: Compressed Flammable Gas Prohibited in THC
Extraction:
It is unlawful for a person to use any compressed flammable gas as a
solvent in the extraction of tetrahydrocannabinol ("THC') or any other
cannabinoid in the Town.
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 Town 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.
Section 4. 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 5. 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 October, 2014 and a
public hearing for second reading of this Ordinance set for the 215t day of October,
2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
-aY*31
Patty McKenny, Town Clerk
Andrew P. Daly, Mayor
2 101812014
Ordinance 16, 2014