HomeMy WebLinkAbout2020-20PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 20,
Series of 2020, First Reading, on the Town of Vail's web site, www.vailaov.com,
on the 19th day of November, 2020.
Witness my hand and seal this 19th day of November, 2020.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 20
SERIES 2020
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 5 OF THE VAIL
TOWN CODE TO INCREASE THE AGE TO PURCHASE, POSSESS,
CONSUME OR USE A TOBACCO OR NICOTINE PRODUCT
WHEREAS, in 2020, the Colorado General Assembly enacted House Bill 20-1001,
which increases the age to purchase, possess, consume, or use tobacco or nicotine
products from 18 years to 21 years; and
WHEREAS, the Town is required to similarly increase the age to purchase,
possess, consume, or use tobacco or nicotine products in Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The definition of "Minor" in Section 5-4-1 of the Vail Town Code is
hereby amended as follows:
5-4-1 DEFINITIONS.
MINOR: A person under eighteen (184 twenty-one (21) years of age.
Section 2. Section 5-4-5 of the Vail Town Code is hereby amended as follows:
5-4-5 MINORS.
E. It is an affirmative defense to a prosecution under this Section that
the person furnishing the tobacco product or nicotine product was presented
with and reasonably relied upon a document which identified the minor
receiving the tobacco product or nicotine product as being eighteen (! Q)
twenty-one (21) years of age or older.
Section 3. 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 4. The amendment of any provision of the Vail Town Code 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.
Ordinance No. 20, Series of 2020
The amendment of any provision hereby shall not revive any provision or 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 17t" day of November, 2020 and
a public hearing for second reading of this Ordinance is set for the 1st day of December,
2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 1 st day of December, 2020.
Dave Chapin, Mayor
Tammy Nagel, Town Clerk
2
1111312020
IIFILESERVER20MREDIRECTED$ITNAGEL IDESKTOPIORDINANCE NO. 20 SERIES OF 2020.DOCX
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 20,
Series of 2020, Second Reading, on the Town of Vail's web site, www.vailgov.com,
on the 07th day of December, 2020.
Witness my hand and seal this 07th day of December, 2020.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 20
SERIES 2020
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 5 OF THE VAIL
TOWN CODE TO INCREASE THE AGE TO PURCHASE, POSSESS,
CONSUME OR USE A TOBACCO OR NICOTINE PRODUCT
WHEREAS, in 2020, the Colorado General Assembly enacted House Bill 20-1001,
which increases the age to purchase, possess, consume, or use tobacco or nicotine
products from 18 years to 21 years; and
WHEREAS, the Town is required to similarly increase the age to purchase,
possess, consume, or use tobacco or nicotine products in Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The definition of "Minor" in Section 5-4-1 of the Vail Town Code is
hereby amended as follows:
5-4-1 DEFINITIONS.
MINOR: A person under eighteen (184 twenty-one (21) years of age.
Section 2. Section 5-4-5 of the Vail Town Code is hereby amended as follows:
5-4-5 MINORS.
E. It is an affirmative defense to a prosecution under this Section that
the person furnishing the tobacco product or nicotine product was presented
with and reasonably relied upon a document which identified the minor
receiving the tobacco product or nicotine product as being eighteen (! Q)
twenty-one (21) years of age or older.
Section 3. 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 4. The amendment of any provision of the Vail Town Code 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.
Ordinance No. 20, Series of 2020
The amendment of any provision hereby shall not revive any provision or 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 17t" day of November, 2020 and
a public hearing for second reading of this Ordinance is set for the 1st day of December,
2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 1 st day of December, 2020.
Dave Chapin, Mayor
Tammy Nagel, Town Clerk
2
1111312020
IIFILESERVER20MREDIRECTED$ITNAGEL IDESKTOPIORDINANCE NO. 20 SERIES OF 2020.DOCX