HomeMy WebLinkAbout2022-10PROOF 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. 10,
Series of 2022, First Reading, on the Town of Vail's web site, www.vailaov.com,
on the 4t" day of May 2022.
Witness my hand and seal this 4t" day of May 2022.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 10
SERIES 2022
AN ORDINANCE AMENDING SECTION 6-3D-4.A.4. OF THE VAIL TOWN
CODE, REGARDING HARASSMENT
WHEREAS, the Colorado Supreme Court's recent decision in People v. Moreno,
22 CO 15 (2022) held that certain language in the state harassment statute, C.R.S. § 18-
9-111(1)(e), was an impermissible restriction on free speech; and
WHEREAS, Vail Town Code § 6-3D-4.A.4. contains substantially similar language
to C.R.S. § 18-9-111(1)(e).
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 6-3D-4.A.4. of the Vail Town Code is hereby amended to
read as follows:
6-3D-4: DISTURBING THE PEACE:
A. Harassment: It is unlawful for a person to intentionally harass, annoy
or alarm another person by:
4. Initiating communication with a person in any medium,
anonymously or otherwise, in a manner intended to threaten bodily injury or
property damage, or make any any comment, request, suggestion, or
proposal that is obscene; or
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
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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 day of ,
2022 and a public hearing for second reading of this Ordinance set for the day of
, 2022, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Kim Langmaid, Mayor
ATTEST:
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2022.
Kim Langmaid, Mayor
ATTEST:
Tammy Nagel, Town Clerk
2
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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. 10,
Series of 2022, Second Reading, on the Town of Vail's web site, www.vailaov.com,
on the 18t" day of May 2022.
Witness my hand and seal this 18t" day of May 2022.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 10
SERIES 2022
AN ORDINANCE AMENDING SECTION 6-3D-4.A.4. OF THE VAIL TOWN
CODE, REGARDING HARASSMENT
WHEREAS, the Colorado Supreme Court's recent decision in People v. Moreno,
22 CO 15 (2022) held that certain language in the state harassment statute, C.R.S. § 18-
9-111(1)(e), was an impermissible restriction on free speech; and
WHEREAS, Vail Town Code § 6-3D-4.A.4. contains substantially similar language
to C.R.S. § 18-9-111(1)(e).
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 6-3D-4.A.4. of the Vail Town Code is hereby amended to
read as follows:
6-3D-4: DISTURBING THE PEACE:
A. Harassment: It is unlawful for a person to intentionally harass, annoy
or alarm another person by:
4. Initiating communication with a person in any medium,
anonymously or otherwise, in a manner intended to threaten bodily injury or
property damage, or make any any comment, request, suggestion, or
proposal that is obscene; or
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
412812022
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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 3rd day of May, 2022 and a
public hearing for second reading of this Ordinance set for the 17th day of May, 2022,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Kim Langmaid, Mayor
ATTEST:
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 17th day of May, 2022.
Kim Langmaid, Mayor
ATTEST:
Tammy Nagel, Town Clerk
2
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