HomeMy WebLinkAbout2016-29 Amending Chapter 2, Title 7 adding Section 7-2B-3, to Require Possession of a Valid License or Permit while Operating a Motor VehicleORDINANCE NO. 29
SERIES 2016
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL
TOWN CODE BY THE ADDITION OF A NEW SECTION 7-2B-3, TO
REQUIRE POSSESSION OF A VALID LICENSE OR PERMIT WHILE
OPERATING A MOTOR VEHICLE
WHEREAS, pursuant to C.R.S. § 42-4-111 and its home rule authority, the Town
is empowered to adopt municipal traffic regulations that reasonably promote the public,
health, safety, and general welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by
the addition of a new Section 7-2B-3, to read as follows:
Sec. 7-2B-3: POSSESSION OF DRIVER'S LICENSE OR
INSTRUCTION PERMIT REQUIRED:
A. No person shall operate a motor vehicle on the public highways in
the Town without a current and valid driver's, minor driver's or commercial
driver's license or instruction permit issued under C.R.S. §§ 42-2-101, 42-
2-106, and 42-4-404 in his or her immediate possession. A person shall
present a current and valid license or permit upon demand by a peace
officer or other law enforcement personnel.
B. A charge of a violation of this Section shall be dismissed by the
Municipal Court if the defendant produces a valid license or permit which
was in full force and effect at the time of the alleged violation.
C. It is an affirmative defense to a charge of a violation of this Section
if the defendant produces written evidence that, at the time of the alleged
violation, such person was exempt from the requirement to obtain a
license pursuant to C.R.S. § 42-2-102.
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.
Ordinance No. 29 Series of 2016
Section 4. The amendment of any provision of the Vail Town Code 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 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 18th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 1st day of November,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Color..o.
Dave Chapin, Mayor
ATTEST:
(Zu.
Patty McKe'nny, To T erk
READ AND PP OVED ON SECOND RE
this 1st day of November, 2016.
G AND ORDE"ED PUBLISHED
ave Cha
Ordinance No. 29 Series of 2016
May