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HomeMy WebLinkAbout2022-12PROOF 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. 12, Series of 2022, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of June 2022. Witness my hand and seal this 22nd day of June 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 12 SERIES 2022 AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 AND TITLE 7, CHAPTER 10 OF THE VAIL TOWN CODE REGARDING VEHICLE IDLING WHEREAS, the Town currently regulates noise associated with idling vehicles and the permitted amount of idling time for commercial vehicles in Sections 5-1-7(G)(3) and 7-10-7(H) of the Vail Town Code, respectively; WHEREAS, the Town desires to more comprehensively regulate vehicle idling to ensure that any nuisance associated with idling is mitigated to the maximum extent practicable; and WHEREAS, the Town finds that such regulation is necessary to protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-1 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 5-1-1: DEFINITIONS: NUISANCE: Any act or condition which endangers the public health or environment or results in annoyance or discomfort to the public or damage to any property or injury to any person. IDLE: A combustible vehicle engine running at any location while the vehicle is stationary. PASSENGER TRANSPORTATION VEHICLE: A motor vehicle that is used to transport passengers for compensation, excluding vehicles operated by the Town. Section 2. Section 5-1-7(G)(3) of the Vail Town Code is hereby repealed in its entirety. Section 3. Section 5-1-8 of the Vail Town Code is hereby amended as follows: 5-1-8: MUFFLERS AND VEHICLE IDLING: A. Mufflers: The operation of a motor vehicle within the Town which is not at all times equipped with a muffler in good working order upon the exhaust thereof and in constant operation to prevent excessive or unusual noise, or the use, by any person operating a motor vehicle within the Town, 1 7/1/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPVDLING-0060222. DOCX of a cutout, bypass or similar muffler elimination appliance, shall be deemed a public nuisance. B. Idling: 1. Passenger vehicles: No unattended passenger vehicle shall idle for any period of time, except between the months of November through April, when a passenger vehicle may idle for up to three (3) minutes at a time. 2. Commercial vehicles: No unattended commercial vehicle shall idle for any period of time in the Lionshead Mixed Use 1, Lionshead Mixed Use 2, Commercial Core 1 or Commercial Core 2 zone districts. 3. Passenger transportation vehicles: Passenger transportation vehicles may not idle when unoccupied. When occupied, operators are encouraged to turn off the vehicles during dwell time. If it is not practicable to turn off the vehicle due to extreme cold, operators are encouraged to limit any vehicle idling time to three (3) minutes. 4. Construction vehicles: Construction vehicles operating at an active construction site may idle for up to three (3) minutes at a time. 5. Exemptions: This Section shall not apply to any commercial refrigeration vehicles, authorized emergency vehicles when actively in use for emergency purposes, Town -owned vehicles, waste collection trucks when actively collecting waste, or vehicles operating under a permit or license issued by the Town for a special event. Section 4. Section 7-10-7(H) of the Vail Town Code is hereby deleted in its entirety. Section 5. 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 6. 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 7. 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 2 7/1/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPIIDL I NG-0060222. DOCX amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. 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 21st day of June, 2022 and a public hearing for second reading of this Ordinance set for the 5th day of July, 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 5th day of July, 2022. ATTEST: Tammy Nagel, Town Clerk Kim Langmaid, Mayor 3 7/1/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPIIDL I NG-0060222. 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. 12, Series of 2022, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 6t" day of July 2022. Witness my hand and seal this 6t" day of July 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 12 SERIES 2022 AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 AND TITLE 7, CHAPTER 10 OF THE VAIL TOWN CODE REGARDING VEHICLE IDLING WHEREAS, the Town currently regulates noise associated with idling vehicles and the permitted amount of idling time for commercial vehicles in Sections 5-1-7(G)(3) and 7-10-7(H) of the Vail Town Code, respectively; WHEREAS, the Town desires to more comprehensively regulate vehicle idling to ensure that any nuisance associated with idling is mitigated to the maximum extent practicable; and WHEREAS, the Town finds that such regulation is necessary to protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-1 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 5-1-1: DEFINITIONS: NUISANCE: Any act or condition which endangers the public health or environment or results in annoyance or discomfort to the public or damage to any property or injury to any person. IDLE: A combustible vehicle engine running at any location while the vehicle is stationary. PASSENGER TRANSPORTATION VEHICLE: A motor vehicle that is used to transport passengers for compensation, excluding vehicles operated by the Town. Section 2. Section 5-1-7(G)(3) of the Vail Town Code is hereby repealed in its entirety. Section 3. Section 5-1-8 of the Vail Town Code is hereby amended as follows: 5-1-8: MUFFLERS AND VEHICLE IDLING: A. Mufflers: The operation of a motor vehicle within the Town which is not at all times equipped with a muffler in good working order upon the exhaust thereof and in constant operation to prevent excessive or unusual noise, or the use, by any person operating a motor vehicle within the Town, 1 7/1/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPVDLING-0060222. DOCX of a cutout, bypass or similar muffler elimination appliance, shall be deemed a public nuisance. B. Idling: 1. Passenger vehicles: No unattended passenger vehicle shall idle for any period of time, except between the months of November through April, when a passenger vehicle may idle for up to three (3) minutes at a time. 2. Commercial vehicles: No unattended commercial vehicle shall idle for any period of time in the Lionshead Mixed Use 1, Lionshead Mixed Use 2, Commercial Core 1 or Commercial Core 2 zone districts. 3. Passenger transportation vehicles: Passenger transportation vehicles may not idle when unoccupied. When occupied, operators are encouraged to turn off the vehicles during dwell time. If it is not practicable to turn off the vehicle due to extreme cold, operators are encouraged to limit any vehicle idling time to three (3) minutes. 4. Construction vehicles: Construction vehicles operating at an active construction site may idle for up to three (3) minutes at a time. 5. Exemptions: This Section shall not apply to any commercial refrigeration vehicles, authorized emergency vehicles when actively in use for emergency purposes, Town -owned vehicles, waste collection trucks when actively collecting waste, or vehicles operating under a permit or license issued by the Town for a special event. Section 4. Section 7-10-7(H) of the Vail Town Code is hereby deleted in its entirety. Section 5. 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 6. 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 7. 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 2 7/1/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPIIDL I NG-0060222. DOCX amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of June, 2022 and a public hearing for second reading of this Ordinance set for the 5th day of July, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of July, 2022. ATTEST: Tammy Nagel, Town Clerk Kim Langmaid, Mayor 3 7/1/2022 II FILESERVER20191 REDIRECTED$I SBIBBENSI DESKTOPIIDL I NG-0060222. DOCX