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HomeMy WebLinkAbout1966-17 Establishing Certain Acts, Things, Conditions and Uses as Offenses against the Safety, Health, Prosperity, Morals, Order, Comfort, and Convenience of the TOV to be Unlawful and Providing Penalties' ~ ~ ~ ~ ORDINANGE NO.~ Series df 1966 AN ORDINANCE ESTABLISHING CERTAIN ACTS, THINGS, CONDITIONS AND USES AS OFFENSES AGAINST THE SAFETY, HEALTH, PROSPERITY, MORALS, ORDER, COMPORT, AND CONVENIENCE OF THE TOWN OF VAIL AND THE INHABITANTS THEREOF, DECLARING THE SAME TO BE UNLAWFUL, AND PROVIAING PENALTIES FUR THE VIOLATION THERFAF, BE IT ORDAINED BX THE BOARD OF TRUSTBES OF THE TOWN OF VAiL: ARTICLE I OFFENSES AGAINST PUBLIC ORI?ER AND SArr,xf Section 1. ASSAULT AND BATTERY a. It shall be unlawful fox any person to assault, beat, strike, wound, imprison, or commit battexy upon the person of another within the Town of Vail. b. "Assault" as used in this ordinance means a willful and unlaw- ful attempt, coupled with a present ability, to commit a bodily in~uxy on the person of another. "Battery" as used in this ordinance means any will- ful and unlawful use of force or violence upon the person of another. Section 2. DISTURBING THE PEACE It shall be unlawful for any pexson, willfully, maliciously, ice. tentianally or unnecessarily, to disturb the peace and quiet of another or of any neighboxhoad or family or religious congregation or other assembly within the Town of Vail by loud or unusual noises or indecent behavior, offensive or unbecoming conduct, or far any person to threaten, quarrel, fight or provoke an assault or battery or curse ar swear or utter any ob- scene or vulgar or indecent language in the presence of another within the Town o£ Vail. Section 3. RIOT It shall be unlawful for two or more persona actually to do an un- lawful act with force or violence against the person or praperty of another within the Town a~f Vail, with ox without a cosmnon cause of quarrel. Section 4. DRD'NK AND DISORDERLY ~ It shall be unlawful for any person to be drunk and disorderly in any highways, streets, thoroughfares, or other public places within the Town of Vail. It shall be unlawful fnr any person to be~drunk and disorderly in any private house ox place, within the Tawn of Vail, to such an extent as to be obnoxious to public morals or to ~enpardiae ar to be injurious to per- son ar praperty. Section 5. DRINKING IN STREETS It shall be unlawful for any person to drink any malt, vinous, or ~r u.d/~~~/~.~ fir" spiritous liquors upon any street, alley, sidewalk, ..~ir~a in the Town of'''',,Vail or its any vehicle upon any street, alley, side- walk, or ~.r._ ..as~ in the Town of Vai11 Q-C ;.t~~~ ~ Section 6. ABANDONED ICE BOXES, REFRIGF,RATORS. CONTAINERS ~rf' %r'ce~P•Q- ~~ 'i c7tA>vl ~!i'~ It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building, or other structure, or within any unoc- cupied arabandoned building, structure or dwelling under his control, within the Town of Vail, in a place accessible to children, any abandoned, unattended or discarded ice Box, refrigerator, ar other container which has a door or lid, snaplock or other locking device which may not be released from the in- ~` side without first removing said,daor or lid, anaplack or other locking device. ARTICLE II OFFENSES PERTAINING T4 Wk;APONS. MISSILES AND BURGLAR TOOLS Section 1. CONCEALED WEAPONS It shall be unlawful for any Fersan to wear under his clothes or conceal about his person, or to display in a threatening manner or to flour- iah any dangerous or deadly weapon within the Town of Vail. This section shall not apply to any law enforcement officer of any governmental unit while on duty or discharging the duties of his office. The Town Marsha]. is hereby authorized and empowered to search any and all persons suspected of carrying such weapons, and every person found carrying such weapons may be arrested without warrant and confined in ~aii until taken before the police mag~,strate to be tried according to law. Any weapon so found shall be confiscated and turned over to the Town Marshal far disposition. ARTICLE III OFFENSES PERTAINING TO EXPLOSIVES, FIREWORKS. FIRE ALA~tMS Section 1. EX~'LOSIVES _ STORAGE It shall be unlawful. for any person to store within the town limits ar within one-half mile thereof any amount of gunpowder, blasting powder, nitroglycerine, dynamite, or other high explosive in excess of one fifty pound box or in excess of five hundred cups or other devices used far the detonation for such high explosives, except that primers and smoke- less powder used in the handlaading of sporting ammunition shall be exempt from the provisions of this ordinance and, except that the Town Marshal may specifically authorize the storing of explosives in excess of the quantity herein allowed, if they are stored in a place, shelter or manner which the Town Marsha3 determines as meeting adequate safety standards. Section 2. FALSE ALARM It shall be unlawful for any person to willfully give or make, rl or cause to be given or made in any manner a falsea~larm of fire1 i ,~,i~.,,, ~'.~ f / ~/ x.~ • ARTiCi,E IV OFFENSES RELATING TO MORALS Section 1. PROSTITUTION a. It shall be unlawful for any person to keep or assist in the keeping of a house of ill.-fame or prostitution or knowingly to reside therein or knowingly to rent, lease or permit any person to occupy any house or room awned, leased ox controlled by him for Chas purpose within the Town of Vail or within three miles thereof. b. It steal]. be unlawful for any person to pursue or advertise in any manner her vocation as a prastitue or for any person to advertise the profession of a prostitute or solicit far a prostitute within the Town of Vail. Section 2. SOLICITING DRINKS It shall be unlawful fox any woman to be employed in ox to fre- quent or loiter in any tavern or place where malt, vinous and spiritous liquors are sold within the Town of Vail, for the purpose of soliciting men•to purchase such drinks. It shall be unlawful. for the pxoprietor or operator of any such establishment to allow the presence of any such woman in his establishment fox such purpose. Section 3. INDECENT EXPOSURE It shall be unlawful for any person to appear in a state of nudity ar in any indecent or lewd dress or condition in any public place within the Town of Vail ox in any such place to make any indecent expo- sure of his or her person or private parts thereof or the private parts of another ar to Conduct himself in a lewd or lascivious manner. Section 4. WINDOW PEEPING It shall be unlawful for any person to trespass upon the property owned ax occupied by another in the Town of Vail, for the purpose of look- ing or peeping into any window, door, sky light or other opening in a house roam or building, or to loiter in a public place far the purpose of wrong- fully observing the actions of the occupants of such house,xoom or building. Section 5. VAGRANCY It sha11 be unlawful within the Town of Vail for any person to live an idle, profligate ar dissolute life without any lawful occupation or visible means of support; for any person to seek alms as a business; for any person to xoam about from place to place without lawful business; for ' ~ ~ c ~ r any idle or dissolute person or association of known thieves to wander about the streets at a late and unusual hour of the night, ar to lodge in any other place than is kept for lodging purposes without the per- mission o£ the owner of the property or the person in possession thereof; ar for any person to consort habitually with common prostitutes, habitual drunkaxde or any user of narcotics. ARTICLE V OFFENSES AGAINST PROPERTY Section 1. MALICIOUS INJURY TO PROPERTY It shall be unlawful for any person willfully and maliciously to injure, deface, mutilate, remove, pull down, break or in any way inter- fere with or molest ar secrete or destroy any trees, real ox personal property belonging to or under control of the Town of Vail or any person within the limits of the 'Town. Section 2 TRESPASSING It shall be unlawful for any person to enter upon any property within the Town of Vail owned or occupied by another without lawful pur- pose, or to loiter or wander thereon without lawful purpose. Section 3 IiANf7BILL5. POSTING Ik shall be unlawful for any person to stick, paint or post any hand bi11, poster ar placard of any description upon any private property within the Tawn of Vail without the permission of the owner of or occu- pant of the s$me; or far any person to stick, paint, or post any hand bill, poster or placard upon any post, pole or other premises located upon the public buildings, streets, alleys or sidewalks of the Town of Vail with- out the permission of the i. ~.~' ~x~r .~i'~rt;;r'-` .° :..,..,. ARTICLE VI OFFENSES RELATING TO STP.EETS ANi? PUBLIC GROUNDS Section 1, 'BLOCKING STREETS. PUBLIC PLACES It shall be unlawful for any person or group of persons to obstruct ar impede public travel upon any public street, highway or side- walk or in any place of a public nature within the Town of Va~.1 or to inter- fere with the free and unobstructed use of such public street, way, aide-- walk or place by any other person ar persons; and it shall be the duty of any person or group of persons to caanply with a request of the Mayor, ~ Town riarshal or any police officer of the Town of Vail to disburse or to discontinue any obstruction or interference with the use of any public street, way, sidewalk or place within the Town of Vail. Section Z. SKIMOBILES. RESTRICTIONS ON USE 4N PUBLIC STREETS It shall ba unlawful fax any person or group of persons to operate a ekimabile, ski-horse, ski-dao or other similar type aver the snow vehicle upon any public street, way or sidewalk within the Town of Vail, except upon the written authorization of the Board of Trustees and under the canditiana set forth by the Board of Trustees. Section 3, CAMPERS AND TRAILERS, RESTRICTIONS ON USE ON PUBLIC STREETS It shall be unlawful for any person to sleep, spend the night, cask or establish a place of abode in any vehicle, trailer, or camper on any public street, way, sidewalk ar place within the Town of Vail. ARTICLE VII OF'F'ENSES AGAINST ENFORCEMENT OF T~iE LAW Section 1. DEFINITIONS a. Peace Officer -- "Peace Officers' as used in this ordinance shall include the Town Marshal, any police officer, special policemen, ar other member of the police depaxtment of the Town of Vail, any county sheriff, any member of the state police, and any deputy ax assistant of any of them, Section 2 AS5I5TING AN OFFICER It shall be the duty of all persons within the Town of Vail when called upon by any peace officer, to promptly aid and assist him .G ~ .. • ~ ~ '~ in the discharge of his duties. It shall be unlawful for any person to refuse such assiskance when called upon. Section 3. AID TN ESCAPE Tt shall be unlawful for any person to aid, abet, ar assist any person to escape or attempt to escape from lawful confinement or from the custody of any peace officer within the Town of Vail. Section 4. AID TO AN OFFENSE It shall be unlawful far any person in any way or manner, to aid, abet, counsel, advise or encourage any other person in the commission of any of the acts declared to be unlawful under the provisions of this ordinance or in any manner encourage the commission of such unlawful acts. Section 5. RESISTING AN OFFICEK It shall be unlawful for any person within the Town of Vail to resist any peace officer in the discharge of his duty, or in any way interfere with or hinder or prevent him from, discharging his duty. Pro- fane or abusive language directed to a peace officer shall be deemed interference with and obstruction to the discharge of the duty of said officer. Section 6. IMPERSONATING AN OFFICER Ik shall be unlawful for any person other than an official mem~- ber of the police department of the Town of Vail to wear the uniform, apparel, or any other insignia of office Tike or si~n;ilar ta, ox a color- able imitation of that adopted and warn by official police officers of the Town of Vail, or for any person to counterfeit, imitate, ar cause to be counterfeited, imitated, or calorably imitated, the uniform apparel, or insignia of office used by the police department of the Town of Vail. Section 7. F[1RNISHING WEAPONS TO PRISONERS It shall be unlawful for anq person to furnish or attempt to • i • ~~ . furnish or take inta fail or to deliver or attempt to deliver to any pris- oner therein confined, or in the custody o£ any officer, any weapon, tool, intoxicating liquors, durg ar other article without the consent of the law enforcement officer in charge. ARTICLE VIII PENALTIES Any person convicted of violating any of the provisions of this ordinance shall be punished by a fine of not more than $300,00, or by imprisornaent for not more than ninety days. ARTICLE TX EMERGENCY The board of trustees hereby finds, determines and declares that an emergency exists and this ordinance is necessary to the immediate preservation of the public health and safety because of the nature of these offenses to the public health, safety, welfare, morals, order, and convenience of the Town of Vail and the inhabitants thereof, and the necessity far the immediate control of said offenses. ARTICLE X EFFECTIVE DATE This ordinance shall be in full force and effect within five days after its approval by the Board of Trustees and final publication as prescribed by law. ARTICLE XI SAFETY CLAUSE The Board of Trustees hereby finds, determines and declares that this ordinance is necessary and proper to provide for the saftety, preserve the health, promote the prosperity, improve the morals, order, comfort and convenience of the Town of Vail and the inhavitants thereof. ARTICLE XII SEVERABILITY It is the intention of the Board of Trustees that this ordinance ar any part or provision thereof, shall be considered severable and, if . ' any provisions of this ordinance or the application thereof to any person ax circumstance is head invalid, such invalidity sha11 not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the pro- visions of this ordinance axe declared to be severable. ~ ~ .~ ~~ ~ Finally passed, adopted and approved on this _~l~ day o€ ~I~eh') 1~ I96 APPROVII~~_ f' ;~~;~~~,C~---~~,~~C~ Mayor I AxTEST: Town Recorder .J (SEAL)