HomeMy WebLinkAbout1979-14 To Approve, Adopt, Enact, and to Make Full Force in Effect in the Town of Vail a Supplement to the Vail Municipal Code Containing the General and Permanent Ordinances Subsequent to Ordinance No. 23~~ ~ • • •
ORDINANCE NO.
Series of 1979
AN ORDINANCE TO APPROVE, ADOPT,
' ENACT AND TO MAKE FULL FORCE IN
EFFECT IN THE TOWN OF VAIL,
COLORADO, BY REFERENCE THERETO,
i A SUPPLEMENT TO THE VAIL MUNICIPAL
CODE, CONTAINING THE GENERAL AND
PERMANENT ORDINANES SUBSEQUENT mn
ORDINANCE NO. 23, SERIES OF 197'9,
TO AND INCLUDING ORDINANCE NO. 28,
SERIES OF 1978; SPECIFYING THE
PENALTY SECTIONS; EFFECTIVE DATE;
AND, OTHER DETAILS RELATING TO
THE FOREGOING
WHERAS, the Colorado General Assembly has provided
for the codification of the permanent and general ordinances
of the Town of Vail in C.R.S. 31-16-201 through 31-16-208 (1973,
as amended);
WHEREAS, the Book Publishing Company, Seattle, Wash-
ington, has compiled, edited, and published a supplement to the
Vail Municipal Code;
WHEREAS, the Vail Municipal Code was adopted June 7,
1977, by Ordinance No. 12, Series of 1977, codifying the general
and permanent ordinances of the Town of Vail;
WHEREAS, this adopting ordinance for the 1978 Supple-
ment to the Vail Municipal Code was introduced on April 17,1979,
and passed on first reading;
WHEREAS, notice for a public hearing was twice pub-
lished in accordance with C.R.S. 31-16-203 (1973, as amended);
WHEREAS, said public hearing was held on May 15, 1979;
and
WHEREAS„ there have been filed and there are now on
file in the office of the Town Clerk for public inspection,
three copies of the 1978 Supplement to the Vail Municipal Code;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT:
Section 1. Adoption.
Pursuant to the provisions of C.R.S. 31-16-201 through
31-16-208 (1973, as amended), there is hereby adopted the 1978
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Ord. Page 2
Supplement to the Vail Municipal Code, as published by Book
Publishing Company, Seattle, Washington.
Section 2. Secondary Codes Adopted by Reference.
There are no secondary codes adopted by this supple-
ment.
Section 3. Title - Citation - Reference.
This Supplement shall become part of the Vail Munici-
pal Code, and it shall be sufficient to refer to said code in
its entirety as the "Vail Municipal Code" in any prosecution
for the violation of any provision thereof or in any proceeding
at law or equity. It shall be sufficient to designate any ordi-
nance adding to, amending, correcting, or repealing all or any
portion thereof as an addition to, amendment to, correction or
repeal of the "Vail Municipal Code". Further reference may be
had to the titles, chapters, sections, and sub-sections of the
"Vail Municipal Code" and such reference shall apply to that
number, title, chapter, section or sub-section as it appears in
the Code.
Section 4. Ordinances Codified by Supplement.
The general and permanent ordinances of the Town sub-
sequent to Ordinance No. 23, Series of 1977, to and including
Ordinances No. 23, Series of 1978, are hereby included as part
of the "Vail Municipal Code."
Section 5. Codification Authority.
This Supplement is codified pursuant to the provisions
of C.R.S. 31-16-201 through 13-16-208 (1973, as amended).
Section 6. Reference Applies to all Amendments.'
Whenever a reference is made herein to the "Vail
Municipal Code" or to any portion thereof, or to any ordinance
of the Town of Vail, Colorado, the reference shall apply to all
amendments, corrections and additions thereto, now or hereafter made.
ORD. Page 3
•
Section 7. Title, Chapter and Section Headings.
Title, chapter and section headings contained herein
shall not be deemed to govern, limit, modify or in any manner
affect the scope, meaning or intent of the provisions of any title
chapter or section thereof.
Section £3. Reference to Specific Ordin~:~nces.
The provisions of the code,shall not in any manner
affect matters of record which refer to, or are otherwise con-
nected with ordinances which are therein specifically designated
by number or otherwise which are included within the code, but
such reference shall be construed to apply to the corresponding
provisions contained in the code.
Section 9. Effect of Sup~,~lement1on Past Actions and
Obligations.
Neither the adoption of this Supplement nor the repeal
nor the amendments hereby of_ any ordinance or part or portion of
arty ordinance of the Town of Vail shall in any manner affect
i_he prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be con-
strued as a waiver of any license, fee, penalty, at said effec-
tive date due and unpaid under such ordinances, nor be construed
as affecting any of tho provisions of such ordinances relating
to the collection of any such license, fee, or penalty, or the
penal provisions applicable to any violation thereof, nor to
affect the validity of any bond or cash deposit in lieu thereof
required to be posted, filed or deposited pursuant to any ordi-
nance and all rights and obligations thereunder appertaining
shall continue in full force and effect. Further, the adot~tion
of this ordinance shall not affect or impair or be applicable to:
(a) any preceding suit, or legal action presently
pending;
(b) any special ordinance, resolution or motion
heretofore passed, adopted and made validating, ratifying or
legalizing the acts or omissions of. any officer or validating
any ordinance, act or proceeding whatever; and a1.1. validating
and legalizing acts of and by the Town Council cahat.soever_ and
now i.n force ~~re liE:~rcby conL-inued in .force;
(c) any ordinance relat=.ing to the public debt or
the. public credit or ary annexation of territory;
' y~cl • _-__._.__.. . ill y c~ ~1
(d) any ordinance relatir~y to a contract to which
the Town of. Vail, Colorado, is a party or to any contract made
for its benefits;
(e) any ordinance, resolution or motion making
appropriation of public funds;
(f) any ordinance, levying a special be~iefit assess-
ment or creating a lien and debt against any property situate
within the Town of Vail, Colorado, and im~~roved by the opening,
widening, extension or paving of any street or public thorough-
fare within the Town and/or the installation of clutters, curbs,
curbwalks or sidewalks along said street o.r thor_oughfare, and/or
the installation, construction of utilities or other similar type
improvements;
(g) any ordinance or resolution gr.anti_nq any franchise,
license, right or revocable permit to any person, firm or corpor-
ation, which franchise, license, right or revocable permit was
legally in force and effect on the effective date of this ordi-
nance; it being the express intent and purpose of the Town Council
that every such franchise, license, right or revocable permit shall
expire as originally provided by the ordinance granting the same
unless sooner terminated by the Council acting under and pursuant
to the ordinances and charter. of the Town of Vail, or the terms
and conditions set forth in the ordinance or resolution making
the grant;
(h) any ordinance or resolution promising or guaranteeing
the payment of money by the Z'own or authorizing thc~ issuance and
sale of general obligation or revenue bonds by the Town;
(i) any administrative ordinance or resolution of the
Town not in conflict or inconsistent with the provisions of: the
Vail 1`?unicipal Code ;
(j) any ordinance pr_o~~iding for and making the annual
tax levy in and for the Town of Vai]_, Colorado, or ordinance adopt--
ing the budget for the To~a-n or making the ~~n.nual apt~ropriation;
(k) any ordinance or resolut.i.on e::~tab1_ishing land use
zoning districts in thc~ Town, adopting a rn~~i~ of zoning districts,
. ~] ~ ___ • ~de 5
providing for adjusL-ment, enforcement and zmendment thereof;
or, any ordinance approving a subdivision of land within the
Town or annexation to the Town;
(1) any ordinance, resolution or motion naming,
renaming, opening, accepting or vacating streets, alleys, or
rights-of-way in the Town;
(m) any ordinance relating to the sale or purcYzase
of real property or personal property or relating to the vaca-
tion or release of rights in real property, or any o.r_dinance
providing for rights in real or personal property, or any ord fi-
nance designating the purpose for which land is to be used, or
any ordinance relating to any ocher such sizzlilar matter.
Section 10. Violations and Punishment.
It shall be unlawful for. any person to vi_clate any pr_o-
vision or to fail to comply with any of the requirements of this
Supplement. Any person who shall vio:Late any provisions of this
Supplement shall be punishab]_e by a fine of not more i;han $300
or by imprisonment for a period of not more t}~an ninet1~ (90) days
or by both such fine and imprisonment. 11ny such person shall be
guilty of a separate offense for each and ever~~ day ciuri.ng any
portion of which in violation of any provision of this Supplement
is committed, continued, or. permitted by such person and shall be
punished accordingly. In addition to the penalty hereina.bove
provided, in a condition caused oi: permitted to exist in violation
of any of the provisions of this Supplc~rnont sha]1 be deemed a
public nuisance and may be, by this Town surruz~arily abated as such,
and each day that such condition continues steal]. be regarded as a
new and separate offense.
Section 11. hena]_ty Sections of the_ Slzpple111CI1t.
The following sections of the SuppleiY~ent adopted by
this ordinance arc penalty sections, :;aid penalty sections are
hereinafter set forth in full and re-enacted according to C.R.S.
31-1G-204 (1973, as amended):
Or~ • Page 6~
5.16.310 Violations-Penalty.
A compliant may be filed in the municipal
court for the town charging a violation of
this chapter. Upon conviction thereof, the
contractor, agent or representative therefor
may be punished by a fine of not more than
three hundred dollars or imprisonment of not
more than ninety days or both such fine and
imprisonment. Each day such violation to
continue constitutes a separate offense and
shall be punishable as such under this chapter.
6.04.340 Violaiton-Penalty.
A. A dog owner found violating any provison
of this chapter shall be guilty of a mis-
demeanor and, upon conviction thereof, shall
be punished for such offense by imprison-
ment for not more than ninety days or by
a fine of not more than three hundred dollars
or by both such imprisonment and fine.
B. Every person convicted of a violation of _
Section 6.04.190, 6.04.200, 6.04.201, and
6.04.300 shall have a minimum fine, none
of which can be suspended, imposed against
him according to the following schedule
First conviction $15.00
Second conviction 25.00
Third and each subsequent
conviction 50.00
In applying such schedule, the municipal
court shall consider the following:
1. The fines designated in this sub-
section are minimum fines, and the
court may impose a greater amount
up to and including the maximum.
2. The date when the actual violation
occurred will control, regardless
of the date of the conviction.
3. The record of the violator for two
years prior to the date of the current
violation shall be considered.
10.04.130 Violation-Penalty.
It is unlawful for any person to violate any
of the provisions of the Municipal Traffic Code
as adopted and amended in this chapter or of
any provision of this chapter and any such
violation shall be punishable as provided in
this chapter. Every person convicted of a
violation of any provision of the Municipal
Traffic Code or of any provision of this chapter
shall be punished by a fine of not more than
three hundred dollars or by imprisonment for
not more than ninety days, or by both such fine
and imprisonment.
., ,
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• Or Page 7
15.04.310 Violations and penalties.
The violations and penalties therefor are
specified in Section 205 of the Uniform
Building Code, 1976 edition and read as
follows:
"It shall be unlawful for any person, firm,
or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert
or~demolish, equip, use, occupy or maintain
any building or structure in the Town or cause
or permit the same to be done, contrary to or
in violation of any of the provisions of this
Code.
Any person, firm or corporation violating any
of the provisions of this Code shall be deemed
quilty of a misdemeanor, and each such person
shall be deemed guilty of a separate offense
for each and every day or portion thereof during
which any violation of any of the provisions
of this Code is committed, continued, or permitted,
and upon conviction of any such violation, such
person shall be punishable by a fine of not more
than $300 or by imprisonment for not more than
90 days, or by both such fine and imprisonment."
Section 12. Effective Date.
This 1978 Supplement shall become effective on the
effective date of the ordinance adopting this 1978 Supplement
in accordance with the provisions of the charter of the Town of
Vail, Colorado.
Section 13. Severability.
If any section, sub-section, sentence, clause, or phrase
of this ordinance or Supplement is for any reason held to be invalid
or unconstitutional, such decision shall not affect the validity
of the remaining portions of this ordinance or Supplement. The
Town Council hereby declares that it would have passed the same,
any section, sub-section, sentence, clause and phrase thereof,
irrespective of the fact that any one or more sections, sub-sections,
sentences, clauses or phrases had been declared invalid or uncon-
stitutional, and if for any reason this ordinance or Supplement
should be declared invalid or unconstitutional, then the original
ordinance or ordinances shall be in full force and effect.
The Town Council finds, determine, and declares that this
ordinance is necessary for the public health, safety and welfare.
--~ -: s r ~
Ord. page 8
INTRODUCED, READ AND PASSED ON FIRST READING this 17th
day of April, 1979, and a public hearing shall be held on this
ordinance on the 15th day of May, 1979, at 7:30 P.M. in the
Council Chambers, Municipal Building, Vail, Colorado.
Ordered published twice April 20, 1979 and April 28, 1979.
e~
Mayor /
'' , ATTEST
~.~.
f
TOWN CL);RK ` L
IiJTRODUCED, READ AiJD PASSED ON SECOPJD READING THIS 15th DAY OF MAY, 1979 AND
ORDERED PUBLISHED BY TITLE ONLY.
G
ATTEST: ~ MAYOR /
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TJWN CLERK
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