HomeMy WebLinkAbout1971-19 Prohibiting certain Conduct in Public Places, Requiring the Reporting of Assaults and Altercations within the TOV and Imposing Penalties for the Violation• ~. • 1'
ORDINANCE NO. lq
SERIES OF 197
AN ORDINANCE PROHIBITING CERTAIN CONDUCT IN
PUBLIC PLACES; REQUIRING THE REPORTING OF
ASSAULTS AND ALTERCATIONS WITHIN THE TOWN
OF VAIL, IMPOSING PENALTIES FOR THE VIOLATION
OF THIS ORDINANCE AND SETTING FORTH MATTERS
AND DETAILS I N RE I~TION THERETO.
WHEREAS, the Board of Trustees for the Town of Vail deems
certain conduct in public places to be detrimental to the public health,
safety, and welfare; and
WHEREAS, the Board of Trustees feels that it is in the pub-
lic interest to require the reporting of certain conduct such as assaults
and altercations in public places to the appropriate authorities for the
purpose of deterring such conduct and imposing penalties for same;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
TRUSTEES FOR THE TOWN OF VAI L AS FOLLOWS:
SECTION 1. Assaults Prohibited in Public Places.
It shall be unlawful to commit an assault within the Town of
Vail. For purposes of this ordinance, an assault is defined as an intentional
unlawful attempt, or offer, coupled with the apparent present ability, to
make forceful contact with the person of another, under circumstances
which create a reasonable apprehension of imminent forceful contact.
SECTION 2 . Reporting Assaults and Altercations .
The owner oY'operator of any public establishment licensed
by the Town of Vail and the State of Colorado to serve, sell and dispense
alcoholic beverages, including beer, wine, and spirituous liquor, as well
as fermented malt beverages, commonly known as 3.2 beer, shall report
to the police department for the Town of Vail all incidents involving
assaults or altercations occurring within or upon their premises within
a period of Twenty-four (24) hours from the time of such assault or
altercation.
SECTION 3 . Prohibited Sales to Intoxicated Persons .
It shall be unlawful for anyone to sell, give, or dispense
any intoxicating beverage of any kind, including fermented malt beverages
commonly known as 3.2 beer, to any person who is visibly intoxicated,
and it shall be the responsibility of anyone licensed by the Town of Vail
and State of Colorado to dispense any malt, vinous, and spirituous liquor,
as well as fermented malt beverages commonly known as 3.2 beer, to
determine if any such person is visibly intoxicated before selling, serving
or delivering such beverages to any such person.
SECTION 4 . 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
imprisonment for not more than ninety days .
SECTION 5. Separability of Provisions .
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
a
I
1
• ~ • ~
Board of Trustees for the Town of Vail hereby declares it would have
passed this ordinance and each part, section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that any one or more
other parts, sections, subsections, sentences, clauses or phrases be
declared invalid .
SECTION 6. Declaring an Emergency.
The Board of Trustees find that this ordinance is necessary
for the protection of the public health, welfare and safety; that this
ordinance shall become effective upon its introduction and adoption and
shall be published in accordance with the laws of the State of Colorado.
2t
Attest:
INTRODUCED, READ AND ORDERED PUBLISHED THIS
DAY O F V 1971 .
Mayor
,,,
Town C er
+~ ~v~~
%~
ti
l
",,ti~.._._ ---
Page Two