HomeMy WebLinkAbout2023-25PROOF 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. 25, Series
of 2023, First Reading, on the Town of Vail's web site, www.vailgov.com, on the
81" day of November 2023.
Witness my hand and seal this 8t" day of November 2023.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 25
SERIES 2023
AN ORDINANCE AMENDING CHAPTER 13 OF TITLE 5 OF THE VAIL
TOWN CODE CONCERNING THE REGULATION OF FOOD
CONTAINERS
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The title of Chapter 13 of Title 5 of the Vail Town Code is hereby
amended, to read as follows:
CHAPTER 13: CARRYOUT BAGS AND FOOD CONTAINERS
Section 2. Section 5-13-2 of the Vail Town Code is hereby amended with the
addition of new definition to be placed in alphabetical order, to read as follows:
§ 5-13-2. DEFINITIONS.
EXPANDED POLYSTYRENE: Blown polystyrene, commonly known as
StyrofoamTM, and any other expanded or extruded foam consisting of
thermoplastic petrochemical materials utilizing a styrene monomer and
processed by techniques that may include:
(a) For expandable bead polystyrene, fusion of polymer spheres;
(b) Injection molding;
(c) Foam molding; and
(d) For extruded foam polystyrene, extrusion blow molding.
Section 3. Section 5-13-6 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
§ 5-13-6. POLYSTYRENE FOOD CONTAINERS.
(A) Effective January 1, 2024, a retail food establishment shall not
distribute an expanded polystyrene product for use as a container for ready -
to -eat food in the Town.
(B) Notwithstanding subsection (A) hereof, if a retail food establishment
purchased expanded polystyrene products before January 1, 2024, the
retail food establishment may distribute any remaining inventory of the
expanded polystyrene products then purchased for use as containers for
ready -to -eat food in the Town until the inventory is depleted.
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Section 4. Chapter 13 of Title 5 of the Vail Town Code is amended by the
addition of a new Section 5-13-7, to read as follows:
5-13-7: VIOLATION AND PENALTY:
(A) It is unlawful to violate this Chapter. Each violation of this Chapter
shall constitute a separate offense.
(B) Violations of this Chapter shall be punishable as follows:
(1) First violation in any calendar year: a fine of $50;
(2) Second violation in the same calendar year: a fine of $100;
and
(3) Third or subsequent violation in the same calendar year: a
fine of $300.
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 Vail 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 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.
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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 November, 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 7th day of November, 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. 25, Series
of 2023, Second Reading, on the Town of Vail's web site, www.vailqov.com, on
the 22nd day of November 2023.
Witness my hand and seal this 22nd day of November 2023.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 25
SERIES 2023
AN ORDINANCE AMENDING CHAPTER 13 OF TITLE 5 OF THE VAIL
TOWN CODE CONCERNING THE REGULATION OF FOOD
CONTAINERS
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The title of Chapter 13 of Title 5 of the Vail Town Code is hereby
amended, to read as follows:
CHAPTER 13: CARRYOUT BAGS AND FOOD CONTAINERS
Section 2. Section 5-13-2 of the Vail Town Code is hereby amended with the
addition of new definition to be placed in alphabetical order, to read as follows:
§ 5-13-2. DEFINITIONS.
EXPANDED POLYSTYRENE: Blown polystyrene, commonly known as
StyrofoamTM, and any other expanded or extruded foam consisting of
thermoplastic petrochemical materials utilizing a styrene monomer and
processed by techniques that may include:
(a) For expandable bead polystyrene, fusion of polymer spheres;
(b) Injection molding;
(c) Foam molding; and
(d) For extruded foam polystyrene, extrusion blow molding.
Section 3. Section 5-13-6 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
§ 5-13-6. POLYSTYRENE FOOD CONTAINERS.
(A) Effective January 1, 2024, a retail food establishment shall not
distribute an expanded polystyrene product for use as a container for ready -
to -eat food in the Town.
(B) Notwithstanding subsection (A) hereof, if a retail food establishment
purchased expanded polystyrene products before January 1, 2024, the
retail food establishment may distribute any remaining inventory of the
expanded polystyrene products then purchased for use as containers for
ready -to -eat food in the Town until the inventory is depleted.
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Section 4. Chapter 13 of Title 5 of the Vail Town Code is amended by the
addition of a new Section 5-13-7, to read as follows:
5-13-7: VIOLATION AND PENALTY:
(A) It is unlawful to violate this Chapter. Each violation of this Chapter
shall constitute a separate offense.
(B) Violations of this Chapter shall be punishable as follows:
(1) First violation in any calendar year: a fine of $50;
(2) Second violation in the same calendar year: a fine of $100;
and
(3) Third or subsequent violation in the same calendar year: a
fine of $300.
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 Vail 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 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.
2
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INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of
November, 2023 and a public hearing for second reading of this Ordinance set for the
21 st day of November, 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 21st day of November, 2023.
ATTEST:
Stephanie Bibbens, Town Clerk
Kim Langmaid, Mayor
3
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