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HomeMy WebLinkAbout2023-09PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2023, First Reading, on the Town of Vail's web site, www.vailqov.com, on the 3rd day of May 2023. Witness my hand and seal this 3rd day of May 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 09 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL REPEALING AND REENACTING SECTION 7-10-9 OF THE VAIL TOWN CODE, CONCERNING THE PENALTY FOR VIOLATIONS OF CERTAIN COMMERCIAL TRANSPORTATION REGULATIONS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-10-9 of the Town Code is hereby repealed in its entirety and reenacted as follows: § 7-10-9 VIOLATION; PENALTY. (A) Violations of this Chapter shall be subject to the penalties contained in Section 1-4-1 of this Code. (B) In addition to the penalty provided in subsection (A) hereof, the Town may revoke the operating privileges of a commercial operator under this Chapter for a period of one year. The Town shall give the commercial operator five (5) days' written notice of the effective date of the revocation. If the commercial operator contests a violation of this Chapter, the commercial operator shall, within two (2) days of receipt of the written notice, request a meeting with the Town Manager, and the revocation shall not take effect until the Town Manager or designee has met with the commercial operator and given the commercial operator the opportunity to be heard. At the conclusion of the meeting, the Town Manager or designee shall determine, in their reasonable discretion, whether revocation is appropriate. Commercial operators whose operating privileges have been revoked shall be denied access to Town roadways. (C) Notwithstanding any other provision herein, the Town Manager or designee may summarily suspend, without prior notice, the operating privileges of a commercial operator, if the Town Manager or designee has reasonable grounds to believe that the public health, safety, or welfare requires such emergency suspension. 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. 412112023 C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@ECOB 180FI @BCL@ECOB 180F. DOCX 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 2nd day of May, 2023 and a public hearing for second reading of this Ordinance set for the 16th day of May, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of May, 2023. ATTEST: Stephanie Bibbens, Town Clerk Kim Langmaid, Mayor 2 412112023 C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@ECOB 180FI @BCL@ECOB 180F. DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2023, Second Reading, on the Town of Vail's web site, w",w.vailaov.com, on the 17t" day of May 2023. Witness my hand and seal this 17t" day of May 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 09 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL REPEALING AND REENACTING SECTION 7-10-9 OF THE VAIL TOWN CODE, CONCERNING THE PENALTY FOR VIOLATIONS OF CERTAIN COMMERCIAL TRANSPORTATION REGULATIONS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-10-9 of the Town Code is hereby repealed in its entirety and reenacted as follows: § 7-10-9 VIOLATION; PENALTY. (A) Violations of this Chapter shall be subject to the penalties contained in Section 1-4-1 of this Code. (B) In addition to the penalty provided in subsection (A) hereof, the Town may revoke the operating privileges of a commercial operator under this Chapter for a period of one year. The Town shall give the commercial operator five (5) days' written notice of the effective date of the revocation. If the commercial operator contests a violation of this Chapter, the commercial operator shall, within two (2) days of receipt of the written notice, request a meeting with the Town Manager, and the revocation shall not take effect until the Town Manager or designee has met with the commercial operator and given the commercial operator the opportunity to be heard. At the conclusion of the meeting, the Town Manager or designee shall determine, in their reasonable discretion, whether revocation is appropriate. Commercial operators whose operating privileges have been revoked shall be denied access to Town roadways. (C) Notwithstanding any other provision herein, the Town Manager or designee may summarily suspend, without prior notice, the operating privileges of a commercial operator, if the Town Manager or designee has reasonable grounds to believe that the public health, safety, or welfare requires such emergency suspension. 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. 412112023 C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@ECOB 180FI @BCL@ECOB 180F. DOCX 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 2nd day of May, 2023 and a public hearing for second reading of this Ordinance set for the 16th day of May, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of May, 2023. ATTEST: Stephanie Bibbens, Town Clerk Kim Langmaid, Mayor 2 412112023 C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@ECOB 180FI @BCL@ECOB 180F. DOCX