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HomeMy WebLinkAbout1981-31 Repealing and Reenacting Sections 1.01.100 A and 1.08.010 of the Vail Municipal Code Providing for an Increase in the Maximum Fine Which may be Assessed for an Ordinance Violation from $300 to $499x~ -~ . ~'-' ORDINANCE #31 (Series of 1981) AN ORDINANCE REPERLING AND REENACTING SECTIONS 1.01.100 (A} AND 1.08.010 OF THE MUNICIPAL CDDE OF THE TOWN OF VAIL; PROVIDING FOR AN INCREASE IN THE MAXIMUM FINE WHICH MAY BE ASSESSED FOR AN ORDINANCE VIOLATION FROM $300.00 TO $499.00; AND PROVIDING DETAILS IN RELATION THERETO. WHEREAS, the Town Council believes that the maximum fine which may be assessed for an ordinance violation as it now stands is too low and that raising said maximum fine to $499.00 will have the effect of deterring ordinance violations within the Town of Vail , and WHEREAS, the Town Council is of the belief that it will benefit the hearth, welfare and safety of the inhabitants of the Town of Vail if said maximum fine is raised from $300.00 to $499.00. NOW, THEREFORE, SE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, CDLORADO THAT: Section 1. Section 1.01.100 Violations and Punishment, Subparagraph A is hereby repealed and reenacted as follows: 1.01.100 (A) It is unlawful for any person to violate any provision ar to fair to comply with any of the requirements of this Code. Unless otherwise specifically provided, any person eighteen (18) years of age or older violating any provision of this Code by performing an act prohibited ar declared to be unlawful by this code or by failing to perform an act required by or otherwise made mandatary by this Code shall be punished by a fine of not more than $499.00, or be incarceration not to exceed ninety (90} days or by both such fine and incarceration. Any person under eighteen (18} years of age convicted of a violating any provision of this Code, except the pro- visions of the model traffic code as adopted by Section 10.04.010 herein, may be punished by a fine of not more than $499.00. Any person under the age of eighteen (18) years of age convicted of violating any provision of the Model Traffic Code adopted by Section 10.04.010 herein, may be punished by a fine of not mare than $300.00 or by incarceration not to exceed ninety (90) days ar by both such fine and incarceration. Any such person sha]1 be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. ' , ~ ~ ~. .~ Section 2. Section 1,OB.010 designated is hereby repealed and reenacted as follows: Whenever in this Code or any other ordinance of the Town hereinafter enacted, or any Section of a rule or regulation promulgated under the provisions of this Cade, any act is prohibited~or is made or declared to be unlawful or an offense where misdemeanor, or the doing of an act is required, or the failure to do any act is declared to be unlawful or an offense ar misdemeanor, where na specific penalty is provided therecfore, any person who is convicted of the violation of any such pro- vision of this Code or other ordinance of the Town hereinafter enacted, or of such rules and regulations, shah be punished by a fine of not more than $499.00 or by imprisonment in jail not exceeding ninety (90} days or by both such fine and imprisonment. Section 3. If any part, section, sub-section, 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 Yawn Council hereby declares it would have passed this ordinance and each part, section, sub-section, sentence, clause ar phrase thereof, regardless of the fact that any one or more parts, sections, sub-sections, sentences, clauses ar phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof, Section 5. The repeal or the repeal and reenactment of any provision of the Vail Municipal Cade as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding has commenced under ar by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL THIS C Z_;~ DAY OF OCTOBER, 1981, AND A PUBLIC HEARING ON.T{{IS ORDINANCE SHALL BE HELD A7 THE REGULAR MEETING DF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, ON THE .~.~-~ DAY OF ._-~ A T T E T,L;C.C:G~t ~ /~-~C-Lr~ 7 ~' ~~ . Mayor ,• wn Clerk _2_ x ~ ' ,, INTRODUCED, READ, APPROVED ON SECOND READING AND ORDERED P U U L I S H E D -. -_,% .~ .. ~_ t`~r, -';~.C: ~, THIS z 2 r~C D A Y 0E ~Dl~L?t~ 8~ ~ 1981. t~J ~ ~_ _} /~ Mayor ATTEST: .,--, Town Clerk