HomeMy WebLinkAbout1979-48 To Approve, Adopt, Enact, and to Make Full Force in Effect in the Town of Vail A Supplement to the Vail Municipal Code• r
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,
A SUPPLEMENT TO THE VAIL MUNICIPAL
CODE, CONTAINING THE GENERAL AND
PERMANENT ORDINANCES SUBSEQUENT TO
ORDINANCE N0. 28, SERIES OF 1978,
TO AND INCLUDING ORDINANCE NO. 11,,
SERIES OF 1979; SETTING THE COST
OF THE VAIL MUNICIPAL CODE AND THE
1979 SUPPLEMENT; SPECIFYING THE
PENALTY SECTIONS; EFFECTIVE DATE;
AND OTHER DETAILS RELATING TO
THE FOREGOING
WHEREAS, 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, Washington,
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 1979 Supplement
to the Vail Municipal Code was introduced on November 6, 1979,
and passed on first reading;
WHEREAS, notice for a public hearing was twice published
in accordance with C.R.S. 31-16-203 (1973, as amended);
WHEREAS, said public hearing was held on December 18, 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 1979 Supplement to the Vail Municipal Code;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
' Ordinance No. ~~ Page 2
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 1979
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 supplement.
Section 3. Title - Citation - Reference.
This Supplement shall become part of the Vail Municipal 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 ordinance adding to, amending,
correction, 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 subsequent
to Ordinance No. 28, Series of 1978, to and including Ordinance
No. 11, Series of 1979, 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 31-16-208 (1973, as amended). --
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drdinance No. ~a Page 3
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 here after made.
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 8. Reference to Specific Ordinances.
The provisions of the code shall not in any manner affect
matters of record which refer to, or are otherwise connected 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. Cost of Vail Municipal Code and 1979 Supplement.
The price of the Vail Municipal Code with all Supplements
including the 1978 Supplement shall be $100.00. The price of the
1979 Supplement to the Vail Municipal Code shall be $25.00.
Section 10. Effect of Supplement on 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 any
ordinance of the Town of Vail shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license, fee, penalty, at said effective date due
and unpaid under such ordinances, nor be construed as affecting
any of the provisions of such ordinances relating to the collection
of any such license, fee, or penalty, or the penal provisions appli-
cable to any violation thereof, nor to affect the validity of any
bond or cash deposit in lieu thereof required to be posted, filed
• s a
Ordinance No. ~~
Page 4
or deposited pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
Further, the adoption 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 hereto-
fore passed, adopted and made validating, ratifying or legalizing
the acts or ammissions of any officer or validating any ordinance,
act or proceeding whatever; and all validating and legalizing acts
of and by the Town Council whatsoever and now in force are hereby
continued in force;
(c) any ordinance relating to the public debt or the
public credit or any annexation of territory;
(d) any ordinance relating 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 appro-
priation of public funds;
(f) any ordinance, levying a special benefit assessment or
creating a lien and debt against any property situated within the
Town of Vail, Colorado, and improved by the opening, widening, ex-
tension or paving of any street or public thoroughfare within the
Town and/or the installation of gutters, curbs, curb~Valks or side-
walks along said street or thoroughfare, and/or the installation,
construction of utilities or other similar type improvements;
(g) any ordinance or resolution granting any franchise,
license, right or revocable permit to any person, firm or corporation,
which franchise, license, right or revocable permit was legally in
force and effect on the effective date of this ordinance; it being
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Ordinance No. `1~ Page 5
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 guaran-
teeing the payment of money by the Town or authorizing the 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 inconsistant with the provisions of the
Vail Municipal Code;
(j) any ordinance providing for and making the annual
tax levy in and for the Town of Vail, Colorado, or ordinance adopt-
ing the budget for the Town or making the annual appropriation;
(k) any ordinance or resolution establishing land use
zoning districts in the Town, adopting a map of zoning districts,
providing for adjustment, enforcement and amendment thereof; or,
any ordinance approving a subdivision of land within the Tow
annexation to the Town;
(1) any ordinance, resolution or motion naming, re-
naming, opening, accepting or vacating streets, alleys, or rights-
of-way in the Town;
,(m) any ordinance relating to the sale or purchase
.of real property or personal property or relating to the vaca-
tion or release of rights in real propertym or any ordinance
providing for rights in real or personal property, or any ordi-
nance designating the purpose for which land is to be used, or
any ordinance relating to any other such similar matter.
Section 11. Violations and Punishment.
It shall be unlawful for any person to violate any
provision or to fail to comply with any of the requirments of
this Supplement.
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Ordinance No. 4~' Page 6
Any person who shall violate any provisions of this Supplement
shall be punishable by a fine of not more than $300 or by im-
prisonment for a period of not more than ninety (90) days or by
both such fine and imprisonment. Any such person shall be guilty
of a separate offense for each and every day during 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 hereinabove
provided, in a condition caused or permitted to exist in violation
of any of the provisions of this Supplement shall be deemed a public
nuisance and may be, by this Town summarily abated as such, and
each day that such condition continues shall be regarded as a
new and separate offense.
Section 12. Penalty Sections of the Supplement.
The following sections of the Supplement adopted by this
ordinance are penalty sections, said penalty sections are herein-
after set forth in full and re-enacted according to C.R.S. 31-16-204
(1973, as amended):
10.04.060 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 im-
prisonment for not more than ninety
days, or by both such fine and im-
prisonment.
12.04.430 Violation - Penalty
A. Any person violating any of the pro-
visions of this chapter shall be guilty
of a misdemeanor and, upon conviction
thereof, shall be punished for such offense
by imprisonment for not more than ninety
days or by a fine of not less than five
dollars nor more than three hundres dollars,
or by both such fine and imprisonment. Each
day the violation is committed or permitted
to continue shall constitute a separate offense
and shall be punishable as set forth in this
section. Both the licensed contractor and
the person, firm or corporation the work is
for, are responsible for the compliance with
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Ordinance No. 5w
this chapter, and any or all of the same
may be summoned into municipal court, and
any or all may be found guilty of a vio-
lation hereof.
Page 7
B. The sanctions, remedies or penalties available
under this chapter are deemed cumulative, and
any or all may be pursued by the town of Vail
to enforce the provisions of this chapter.
15.04.310 Violations and penalties
The violations and penalties therefore are
specified in Section 205 of the Uniform Building
Code, 1976 edition, and read as follows:
"It shall be unlawful for any peroon, 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 guilty
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 o r 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."
15.32.120 Violation - Penalty
A. It is unlawful for any person, firm or corporation
to erect, construct, renovate, enlarge, alter, re-
pair, improve, convert, equip, use, occupy or
maintain any building or structure in the Town,
or cause to permit the same to be done, contrary
to or in violation of any of the provisions of
the Colorado Model Energy Efficiency Construction
and Renovation Standards for Nonresidential Buildings.
B. Any person, firm, or corporation violating any of
the provisions of the Colorado Model Energy Efficiency
Construction and Renovation Standards for Nonresidential
Buildings or of the ordinance codified in this chapter
shall be punishable by a fine not exceeding three hundred
dollars or imprisonment not exceeding ninety days, or
by both such fine and imprisonment. Each and every day
or portion thereof during which any such violation is
committed, continued or permitted shall be considered
a separate offense.
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Ordinance No. 4 ~ Page 8
18.66.025 Violations - Penalties
,A. In case any building or structure is erected,
structurally altered, extended, moved and main-
tained, or any building, structure or land is
used in violation of this Title 18, any person
may file a written complaint in the Town Municipal
Court alleging said violation. The filing of a
complaint to the Municipal Court shall be an
additional remedy, and shall not preclude the
imposition of any civil or administrative
action or sanction.
B. The owner or general agent of the building or
premises where a violation of any provisions
of this Title 18 has been committed or shall
exist, or the lessee or tenant of an entire
building or entire premises where such general
agent, lessee or tenant of any part of the
building or premises in which such violation
has been committed or shall exist, or the
general agent, architect, builder, contractor
or any other person who commits, take part in,
or who assists in any such violation or who
maintains any building or premises in which
any such violation shall exist, shall be guilty
` of a misdemeanor punishable either by fine of
not less than twenty dollars and not more than
three hundred dollars, or not more than ninety
days' jail sentence, or both, for each and every
day that such violation continued. The correction
of a violation shall not restrain imposition of
these penalties. Each day such violation
continues shall constitute a separate violation.
Section 13. Effective Date.
This 1979 Supplement shall become effective on the effective
date of this ordinance adopting this 1978 Supplement in accordance
with the provisions of the charter of the Town of Vail, Colorado.
Section 14. 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.
Ordinance No. 4-~
9
The Town Council finds, determine, and declares that
this ordinance is necessary for the public health, safety
and welfare.
INTRODUCED, READ AND PASSED ON FIRST READING THIS 6th
day of November, 1979, and a public hearing shall be held
on this ordinance on the 18th of December, 1979, at 7:30 P.M.
in the Council Chamber, Municipal Building, Vail, Colorado.
Ordered published twice November 9, 1979 and November
16, 1979.
ATTEST:
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Tb~1YCZerk
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Mayor
INTRODUCED, READ AND PASSED ON SECOND READING THIS 18th
~ day of December , 1979, and ordered published by Title only
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Mayor % '"~
ATTEST:
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