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Home My WebLink About2014-03PROOF 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. 3 Series of 2014, on the Town of Vail's web site, www.vailciov.com, on the 8th day of , January, 2014. Witness my hand and seal this �� day of `�rxr�,✓ l Q,e— T-amm ag N n� Acting Town of Vail Clerk ,�4w{se�G E CO•'••....••••••• , 2014. r ORDINANCE NO. 3 SERIES 2014 AN ORDINANCE AMENDING SECTION 6-313-2 OF THE VAIL TOWN CODE REGARDING THE JURISDICTIONAL LIMIT OF LARCENY OFFENSES IN THE TOWN 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 have been duly elected and qualified; WHEREAS, pursuant to its police powers and authority as a home rule municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the Colorado Constitution, the Town may prosecute misdemeanors and petty offenses; WHEREAS, traditionally, municipal authority for prosecution of theft crimes has been concurrent with state prosecution of class 1 misdemeanors; WHEREAS, the state recently changed the jurisdictional limit of theft crimes from $1,000 to $2,000; and WHEREAS, the Town Council desires to amend the Vail Town Code to raise the jurisdictional limit in the definition of larceny from $1,000 to $2,000. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6-36-2.A of the Vail Town Code is hereby amended as follows: A. Definitions: LARCENY: To take or exercise control over property of another having a value of leis than two thousand dollars one-theusapA dellafs ($2,000.00 $ ,000.00) without authorization or by threat or deception; and 1. With the intention to deprive the owner permanently of the use or benefit of such property; or 2. To knowingly use, conceal or abandon such property in a manner so as to deprive the owner permanently of its use or benefit; or ORDINANCE NO. 3, SERIES OF 2014 1 3. To knowingly demand any consideration for which one is not legally entitled as a condition of restoring such property to the owner. 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 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 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 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 January, 2014 and a public hearing for second reading of this Ordinance set for the 21stday of January, 2014, 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 _ day of 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk ORDINANCE NO. 3, SERIES OF 2014 2 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. 3 Series of 2014, on the Town of Vail's web site, www.vailaov.com, on the 22nd day of January, 2014. Witness my hand and seal thi''kday of Q 4Tkmmy Na I �7 Acting Town of Vail Clerk , 2014. ORDINANCE NO. 3 SERIES 2014 AN ORDINANCE AMENDING SECTION 6-313-2 OF THE VAIL TOWN CODE REGARDING THE JURISDICTIONAL LIMIT OF LARCENY OFFENSES IN THE TOWN 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 have been duly elected and qualified; WHEREAS, pursuant to its police powers and authority as a home rule municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the Colorado Constitution, the Town may prosecute misdemeanors and petty offenses; WHEREAS, traditionally, municipal authority for prosecution of theft crimes has been concurrent with state prosecution of class 1 misdemeanors; WHEREAS, the state recently changed the jurisdictional limit of theft crimes from $1,000 to $2,000; and WHEREAS, the Town Council desires to amend the Vail Town Code to raise the jurisdictional limit in the definition of larceny from $1,000 to $2,000. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6-313-2.A of the Vail Town Code is hereby amended as follows: A. Definitions: LARCENY: To take or exercise control over property of another having a value of less than two thousand dollars des ($2,000.00 $1,000.00) without authorization or by threat or deception; and 1. With the intention to deprive the owner permanently of the use or benefit of such property; or 2. To knowingly use, conceal or abandon such property in a manner so as to deprive the owner permanently of its use or benefit; or ORDINANCE NO. 3, SERIES OF 2014 1 3. To knowingly demand any consideration for which one is not legally entitled as a condition of restoring such property to the owner. 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 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 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 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 January, 2014 and a public hearing for second reading of this Ordinance set for the 21Stday of January, 2014, 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 21st day of January, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk ORDINANCE NO. 3, SERIES OF 2014 2