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HomeMy WebLinkAbout2018-09PROOF 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. 9, Series of 2018, Flrst Reading, on the Town of Vail's web site, www.vailqov.com, on the 171" day of April, 2018. Witness my hand and seal this 17t" day of April, 2018. (:�:10--�11 Tammy Nagel Deputy Clerk ORDINANCE NO. 9 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 7-213-4 REGARDING MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING WHEREAS, on June 1, 2017, the Colorado General Assembly passed Senate Bill 17-027, regarding the misuse of wireless telephones while driving; and WHEREAS, the Town Council wishes to adopt certain provisions of Senate Bill 17-027. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-2B, to read as follows: 7-213-4: MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING: A. As used in this Section, the following terms shall have the following meanings: 1. "Emergency" means a situation in which a person: has reason to fear for such person's life or safety or believes that a criminal act may be perpetrated against such person or another person, requiring the use of a wireless telephone while the car is moving; or reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner. 2. "Operating a motor vehicle" means driving a motor vehicle on a public street, roadway or highway, but "operating a motor vehicle" does not include maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked. 3. "Use" means talking on or listening to a wireless telephone or engaging a wireless telephone for text messaging or other similar forms of manual data entry or transmission. 4. "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment, including without limitation cellular and mobile telephones. B. A person under eighteen (18) years of age shall not use a wireless telephone while operating a motor vehicle, except if the person is using the wireless telephone to contact a public safety entity or during an 1 Ordinance No. 9, Series of 2018 emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone. C. A person shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle, unless the person is using the wireless telephone to contact a public safety entity or during an emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission in a manner that caused the operator to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances. D. This Section shall not be construed to authorize the seizure and forfeiture of a wireless telephone unless otherwise provided by law. 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 affect 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 and the inhabitants thereof. Section 4. The amendment of any provision of the Vail 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. 2 Ordinance No. 9, Series of 2018 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of April, 2018 and a public hearing for second reading of this Ordinance is set for the 8th day of May, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 3 Ordinance No. 9, Series of 2018 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. 9, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailqov.com, on the 2nd day of May, 2018. Witness my hand and seal this 2nd day of May, 2018. (:�:10--�11 Tammy Nagel Deputy Clerk ORDINANCE NO. 9 SERIES 2017 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 7-213-4 REGARDING MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING WHEREAS, on June 1, 2017, the Colorado General Assembly passed Senate Bill 17-027, regarding the misuse of wireless telephones while driving; and WHEREAS, the Town Council wishes to adopt certain provisions of Senate Bill 17-027. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-2B, to read as follows: 7-213-4: MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING: A. As used in this Section, the following terms shall have the following meanings: 1. "Emergency" means a situation in which a person: has reason to fear for such person's life or safety or believes that a criminal act may be perpetrated against such person or another person, requiring the use of a wireless telephone while the car is moving; or reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner. 2. "Operating a motor vehicle" means driving a motor vehicle on a public street, roadway or highway, but "operating a motor vehicle" does not include maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked. 3. "Use" means talking on or listening to a wireless telephone or engaging a wireless telephone for text messaging or other similar forms of manual data entry or transmission. 4. "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment, including without limitation cellular and mobile telephones. B. A person under eighteen (18) years of age shall not use a wireless telephone while operating a motor vehicle, except if the person is using the wireless telephone to contact a public safety entity or during an Ordinance No. 9 Series of 2018 emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone. C. A person shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle, unless the person is using the wireless telephone to contact a public safety entity or during an emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission in a manner that caused the operator to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances. D. This Section shall not be construed to authorize the seizure and forfeiture of a wireless telephone unless otherwise provided by law. 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 affect 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 and the inhabitants thereof. Section 4. The amendment of any provision of the Vail 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. Ordinance No. 9 Series of 2018 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of April, 2018 and a public hearing for second reading of this Ordinance is set for the 2nd day of May, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of May, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 9 Series of 2018