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~ -~ .
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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A is hereby repealed and reenacted as follows: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.
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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
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A T T E T,L;C.C:G~t ~ /~-~C-Lr~
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Mayor ,•
wn Clerk _2_
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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 ~ ~_
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Mayor
ATTEST:
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Town Clerk