HomeMy WebLinkAbout2023-21PROOF 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. 21, Series
of 2023, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
27t" day of October 2023.
Witness my hand and seal this 27t" day of October 2023.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 21
SERIES 2023
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL
TOWN CODE BY THE ADDITION OF A NEW SECTION 1-4-6, TO ALLOW
FOR PENALTY ASSESSMENTS FOR CODE VIOLATIONS
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Chapter 4 of Title 1 of the Vail Town Code is amended by the addition
of a new Section 1-4-6, to read as follows:
§ 1-4-6: PENALTY ASSESSMENT:
(A) Applicability. A penalty assessment notice may be issued for any
offense under this Code. For traffic infractions, the provisions of Article 2A
of Chapter 7 of this Code shall apply in lieu of this Section.
(B) Notice. The penalty assessment notice shall be indicated on the
summons and complaint and shall include the fine amount. If the alleged
offender issued a penalty assessment notice hereunder chooses to
acknowledge their guilt, they may pay the specified fine online, in person,
or by mail at the Municipal Court within the time specified in the notice. If
they choose not to acknowledge their guilt and pay the applicable fine, they
shall appear as required in the summons and complaint.
(C) Fine schedule.
1. The following fines shall apply to penalty assessments other
than those specifically listed below:
a. First offense: $100;
b. Second offense: $500;
C. Third offense: $1,000; and
d. Fourth and all subsequent offenses: $2,500
2. For deceptive use of a ski facility, the fine shall be $500 for
the first offense, and for any subsequent offense, penalty
assessment shall be unavailable.
3. For any bear -related violation, the fine shall be $1,000 for the
first offense, and for any subsequent offense, penalty assessment
shall be unavailable. For purposes of this subsection, "bear -related
violation" includes: non -approved bear resistant/proof garbage and
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recycling containers; improper recycling; feeding wildlife; dawn to
dusk residential violation; multi -family housing -residential refuge
disposal; garbage/recycling container not secure; garbage/recycling
container repair; and address missing from garbage/recycling
container.
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 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 17th day of October, 2023 and a
public hearing for second reading of this Ordinance set for the 7th day of October, 2023,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Stephanie Bibbens, Town Clerk
Kim Langmaid, Mayor
2
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of October, 2023.
ATTEST:
Stephanie Bibbens, Town Clerk
Kim Langmaid, Mayor
3
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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. 21, Series
of 2023, Second Reading, on the Town of Vail's web site, www.vailqov.com, on
the 8t" day of November 2023.
Witness my hand and seal this 8t" day of November 2023.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 21
SERIES 2023
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL
TOWN CODE BY THE ADDITION OF A NEW SECTION 1-4-6, TO ALLOW
FOR PENALTY ASSESSMENTS FOR CODE VIOLATIONS
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Chapter 4 of Title 1 of the Vail Town Code is amended by the addition
of a new Section 1-4-6, to read as follows:
§ 1-4-6: PENALTY ASSESSMENT:
(A) Applicability. A penalty assessment notice may be issued for any
offense under this Code. For traffic infractions, the provisions of Article 2A
of Chapter 7 of this Code shall apply in lieu of this Section.
(B) Notice. The penalty assessment notice shall be indicated on the
summons and complaint and shall include the fine amount. If the alleged
offender issued a penalty assessment notice hereunder chooses to
acknowledge their guilt, they may pay the specified fine online, in person,
or by mail at the Municipal Court within the time specified in the notice. If
they choose not to acknowledge their guilt and pay the applicable fine, they
shall appear as required in the summons and complaint.
(C) Fine schedule.
1. The following fines shall apply to penalty assessments other
than those specifically listed below:
a. First offense: $100;
b. Second offense: $500;
C. Third offense: $1,000; and
d. Fourth and all subsequent offenses: $2,500
2. For deceptive use of a ski facility, the fine shall be $500 for
the first offense, and for any subsequent offense, penalty
assessment shall be unavailable.
3. For any bear -related violation, the fine shall be $1,000 for the
first offense, and for any subsequent offense, penalty assessment
shall be unavailable. For purposes of this subsection, "bear -related
violation" includes: non -approved bear resistant/proof garbage and
1012712023
C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF
81@BCL@A C0888991@BCL@A C088899. DOCX
recycling containers; improper recycling; feeding wildlife; dawn to
dusk residential violation; multi -family housing -residential refuge
disposal; garbage/recycling container not secure; garbage/recycling
container repair; and address missing from garbage/recycling
container.
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 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 17th day of October, 2023 and a
public hearing for second reading of this Ordinance set for the 7th day of October, 2023,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Stephanie Bibbens, Town Clerk
Kim Langmaid, Mayor
2
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of October, 2023.
ATTEST:
Stephanie Bibbens, Town Clerk
Kim Langmaid, Mayor
3
1012712023
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81@B CL@A C0888991@B CL@A C088899. DOCX