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Home My WebLink About1966-18 Defining Public Nuisances within the TOV and Providing Penalties for Violations and Proceedures. , Y ~: ~ ~ . .~ ORDINAPtCE, NO.~ Series of 19b6 AN OTtDINAI3CE bE1~INING PUBLIC NUISANCES WITHIN THE TOWN OF VAIL AND PRQ- VIDING PEI3ALTIES FOR VIOLATION AND PROCEDEIRES FOR THE ABATII~iENT THEREOF. BE IT ORDAINED BX TIE BOARD OF TRUSTEES OF TflE TOWN OF'VAIL: SECTION 1. DEFINITION OF PERSON "Person" as used in this ordinance shall be taken and construed as meaning and including a natural person, corporation, business trust, estate, trust, gartnership, association, joint stock company, joint venture, two or more persons having a joint or common interest, any other legal or commercial entity, or a receiver, executor, trustee, conservator or other representative appointed by order of any court. ' SECTION 2. MATTERS CONSTITUTING A NUISANCE Each of the following shall be deemed to be a public nuisance and may be proceeded against according to the provisions of this ordinance: a. Discharging of Firearms - The discharging by any person, except a law enforcement officer in the performance of his duties, of any gun, pistol, shotgun, rifle, air gun, gas operated gun, spring gun, firearm or weapon of any kind within the limits of the Town of Vail, except upon the express and specific authorization of the Town Marshal, provided nothing contained herein shall be construed to apply to persons firing or discharging such weapons in defense of person or property. b. Keeping Junk ,The staring or keeping by any person within the Town of Vail of any old articles or materials which may be classified as dunk, adjacent to or in Close proximity to any public building, public park or grounds, business buildings or residences without first pra- viding fully enclosed buildings for the storage of the same. c. Waste Material, Depositing on Public and Private Property - The throwing, depositing, scattering by any person or the permitting by any person of the throwing or scattering of any waste or other material of any kind upon any sidewalk, street, alley, public passageway, public park, open area or upon any private property within the Town of Vail. d. Loudspeakers, Sound Trucks - The playing, operation or use by any person within the Town of Vail of any loud speaker, sound ampli-~ fier, radio or phonograph, with laud speaker or sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle or upon or within any building or structure unless the owner or user there f sh}a~1-1 have first applied to and received peratission from the to apexate any such device. f e. Mufflers, Unnecessary Noise - The operation by any per- son of a motor vehicle within the Town of Vail which shall not at all times be equipped with a muffler upon the exhaust thereo€ in good work- ing order and is constant operation to prevent excessive or unusual noise or the use by any person operating a motor vehicle within the Town of Vail of a cut out, bypass or similar muffler elimination appliance. SECTION 3. NUISANCES NCT TO BE CREATED No person shall perfotna any act or acts constituting a nuisance under Section 2 hereof nor shall any person create keep, maintain, or allow or cause to be created, kept, maintained or to exist any nuisance set forth in Section 2 hereof within the Town of Vail. SECTION 4. REQUEST FOR ABATEMENT The Board of Trustees of the Town of Vail or any person specific- ~ ~ ~ ally authorized by the Board shall investigate into every public nuisance within the Town of Vail and the Board of Trustees shall have the power to deliver a request for abatement to any person or persons in control of any public nuisance. Any request for abatement delivered by the Board of Trustees sha11 be in writing and shall state the nature of the nui- sance 4x nuisances which are to be abated and shall specify a reasonable time within which such nuisance or nuisances are to be abated. It shall be the duty of any person or persons in control of any public nuisance within the Town of Vail to abate such nuisance upon receiving a request for abatement from the Board of Trustees within the time specified in such request. SECTION 5. PENALTIES Any person convicted of violating aay of the provisions of this ordinance sha11 be punished by a fine of not more than $300.00, provided that each separate act in violation of the provisions o£ this ordinance or each and every day ox portion thereof during which any separate act in violation of this ordinance is committed, continued, or permitted sha11 be deemed a separate offense. SECTION 6. ABATEMENT PROCEB~TRE OPTIONAL, In addition to or in place of proceeding under Section 4 hereof against any person who is believed to have violated or to be violatin$ any of the provisions of this ordinance, the Board of Trustees of the Town of Vail may direct the Town Attorney to bring an action in the police court for the Tows of Vail to abate and restrain any nuisance set forth in Section 2 hereof within the Town of Vail, provided that any action to abate and restrain any such nuisance shall operate as a bar to any subsequent proceedings under Section 4 hereof for the violation of any of the provisions of this ordinance where such violation occurred . i • i prior to the action to abate or restrain such nuisance, and no testimony given by the defendant at any hearing in an action to abate or restrain such nuisance shall be admissible against him in any proceeding under Section k hereof instituted for any violation of the provisions of this ordinance occurring subsequent to such hearing. SEGTION 7. REMEDIES OF PRIVATE PARTY UNAFFECTED No provision of this ordinance shall be construed as profiibiting any private person from bringing any action, seeking say remedy nr taking any step with respect to any nuisance set forth in Section 2 as such person may be authorized ar permitted to bring, seek, or take under state law. SECTION $. 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 nuisances to the public health, safety, welfare, morals, order, and convenience of the Town of Vail and the inhabitants thereof, and the necessity for the immediate control of said nuisances. SECTY4N 9. EFFECTIVE DATE This ordinance shall b~, is full force and effect within five days after its approval by Che Board of Trustees and final publication as prescribed by law. SECTION 10. SAFETY CLAUSE The Board of Trustees hereby finds, determines and declares that this ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, improve the morals, order, comfort and convenience of the Taws of Vail and the inhabitants thereof, 1 SECTION 11. SEV'B~iABII.ITY It is the intention of the Board of Trustees that this ordinance ar any part ar provision thereof, shall be considered severable and, if any provision o£ this ordinance or the application thereof to any person ar circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect with- out the invalid prevision or application, and to this end the provisions of this ordinance are declared to be severable. ' ~ ~ e ~ ~ ' a f a Finally passed, adopxed and approved an this ~~ ~ day of ~~,~ ~Q,~ 196 APPROVED: ' •'~-~ ~ ~ ~--.-;r, _dv ../~ ~ Mayor ATTEST: ~~ ~ Tawn Recorder (SEAL)