HomeMy WebLinkAbout1988-16 Amending Chapter 9.32 by the Addition of Section 9.32.020 Closed Containers Prohibited, Prohibiting the Possession of Liquor and 3.2 Beer in Closed Containers on Public Streets and Sidewalks_. w
~• ~ ~ ~,
i i r
ORDINANCE N0. 16
Series of 19$$
AN ORDINANCE AMENDTNG CHAPTER 9.32 BY THE ADDITION OF SECTION
9.32.020 CLOSED CONTAINERS PROHIBITED, PROHIBITING THE POSSESSION
?~F LIQUOR AND 3.2 BEER IN CLOSED CONTAINERS ON PUBLIC STREETS
AND SIDEWALKS WITHIN THE AREA BOUNDED BY THE VAIL SHUTTLE BUS PLAZA ON
THE NORTH SIDE, THE TOP OF BRIDGE STREET ON THE SOUTH SIDE., MILL
CREEK ON THE EAST SIDE AND THE CHILDREN'S FOUNTAIN ON THE WEST
STDE, BETWEEN 6:00 P.M. AND 6:00 A.M. FROM JUNE 30TH THROUGH JULY
5TH AND FROM 6:00 P.M. ON DECEMBER 31ST AND 6:00 A.M. ON JANUARY
1ST; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, it has become customary for large groups of people to gather on
Bridge Street and Gore Creek Drive in Vail Village on the evenings of June 30 -
July 4 and December 31 of each year; and
WHEREAS, many of these people have become inebriated over the course of the
evening from liquor they have brought with them; and
WHEREAS, the presence of large numbers of inebriated people in a crowd of this
size combined in sa small a space has led in the past to acts of violence against
others and the police, which the police may not be able to control adequately due
to the crowd size; and
WHEREAS, the Town Council finds that this situation is harmful to the public
health, safety and welfare; and
WHEREAS, the Town Council finds that reduction in the amount of alcohol
available to members of the crowd will lessen the likelihood, frequency and
severity of violence therein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. Chapter 9.32 is hereby amended by the addition of a new Section 9.32.020
to read as follows:
9.30.020 Closed Containers Prohibited
R. No person shall possess any malt, vinous, or spiritous liquor or
fermented malt beverage in or upon any public highway, street, alley, walk, parking
lot ar any other public property or place nr in or upon those portions of any
private property upon which the public has an expressed ar implied license to enter
or remain within the area bounded by the Vail Shuttle Bus Plaza to the north, the
top of Bridge Street to the south, Mill Creek to the east and the Children's
Fountain to the west between 6:00 p.m. and 6:00 a.m. from June 30th through July
5th, and between 6:00 p.m, on December 31st and 6:00 a.m. of January 1st of each
year
J.. ~ ti r
-L
s r
r t }
8. No G~thstanding the foregoing, persons shall have the right to
possess malt, vinous or spiritous liquor or fermented malt beverage in said area if
they are taking it to permanent or temporary residence located in said area.
~C. Any Peace Officer is authorized to seize any malt, vinous or
~~
spiritous liquor or fermented malt beverage possessed in violation of this Section.
If na summons or complaint is issued for the violation and if the circumstances
reasonably permit, the Officer may require the possessor to leave the prohibited
area with the alcoholic beverage or to abandon the beverage to the Officer for
distructian at such person's option.
2. 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 Town Council hereby
declares it would have passed this Ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. 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.
4. The repeal or the repeal and reenactment of any provision of the
Municipal Code of the Town of Vail 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
proceedings as commenced under or 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 ar superseded unless expressly stated herein.
INTRODUCED, READ AND APPROVED ON FIRST READING this 7th day of June ,
1988, and a public hearing shall be held on this ordinance on the 7th day of
June 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Ordered published in full this 7th day of June
~ J o~-C~
Kent R. Rose, Mayor
1988.
-2-
.+~
r
ATT E~~il+I,ltlr~r,`
,,.
,~
z
.Pamela~~A:~Brandm~yer, Fawn Clerk
,,
., - ,r~~
`t~F~J~OD~f~',E17'~',~~~~~AD AND APPROVED ON SECOND READING AND ORDERED PUBf.ISHED
~~~lfllflll1S11~
in full this 21st day of June , ].988.
1}S~~lllkkllil7111/}~~~ ,
,,. ,
A~l:k7'~~~T':
>>
~,
F"~~neia~~A~..$~~dtneyer, Town Clerk
''~~~U1lHillrtilti
John ~C. Slevin, Mayor Pra Teen
-3~
;'.~ i' ?'.F.
~j l~
~,~~;~
.,
~'y~~. _.
v' ,',
~: ts..
Y~
• ~
PROQF OF PUBLfCATION
STATE OF GOLORADO )
3 55.
CQUNTy OF EAGLE
n~>;~iv >uvox
i, ----- _ _~.. _-.__~_ do solemnly swear that I am
]?ublisher
the _ of THE VAIL 7RAlL; that the same Is a weekly newspaper
printed, fn whole or in part and published In the Gounty of Eagle, State of Colorado.
and has a general clrcufatloll therein; that sold newspaper has been published
continuously and unlntarruptadly In said Ctsuniy of Eagle for a per€od of more Than
fifty-two consecutive weeks next ~arior to the first pub€icatlon of tfia annexed legal
na}Ice or pdvc~rtisamant; that Bald newspaper has boen admitted to the United
States mails as second class mot far under the provisions of the Act of March 3, 1879.
or anY amendments thereof, and that said newspaper Is a weekly newspaper duly
qualliled fo€ publishing legal notices and advertlsemants within the meaning of the
laws of the State of Colorado.
ihaf tho ^nnoxod legs[ naflcQ or adverflsement wps published in the regular and
entire Issue of every number of said weekly newspaper for the period of /192.e1
consecuHva insertions: and that fhe first publlaaElon of sold notice was In the issueof
sold newspaper dated ~~~t~il-~- rS~ AD. 19 ~~ and that the fast
pub}!cation of ~~ sff~ld notice JJJwas In fhe Issue of sold newspaper dated
u '111
In witness whereof I have hereunto sat my hand thh "~0 day of
~J~~kml,~r AD. 19 g~
/'/~ a
~v ..
Subscribed and sworn to bola{p me, a notary public n a~d f.., :.~fy o(Eagle,
Strafe of Colorado, this _~~ day of lk'~C'11t~1(:I' AD. 19 XIS
rJ ZGLctc ~~ . C,/~ I~~C/~1~...~
fvly commission expires ~~ -r3•~ • ~ t (/
,.,~~:,PuhlicNotice.
is :..,;:.-,. ,: ~BeHee of-tYBB., ,~s
IAN ORDIF~ANCE AMENOINQ CHAPTER~9.32
BY THE ApDIT1ON OF BECTION 6.92.020
CLOSED CONTAINERS,:PRpHIptTEO
pROHISitiNR THE POSSESSION OF LIOUOR
-AND 3.2 BEER IN.CLOSEp.CONFAINER9 ON
.~ PUBLIC STREETS AND 91DEWALKS WITHIN
-~ 7HE AREA.DOUNDEO SV'THE VAIL'SHUTTLE
8US ALAYA.ON THE tdbRT}F-81pE. THE TOA ,
~bF BRID(}6 STREET CN TH6:SOUTH SIOE,
MILL CREEK bN TF1E EAST 810E AND THE
CMILOREN'B FOUNTAIN ON~THE WEST 910E, '
BETWEEN 9:00 RM.~ANO 890 A.M. FROM
JUNE 30TH THROUGH JULY 6TH ANp FROM
8:00 P,M, ON DECEMBER 31ST and 890 A,M,
ON~JANUARY 1STrAND SETTIN[L' FORTH
DETAILS IN RE0AR07FIERETO;` t'..:~~:=~.;,:,
WHEREAS, if hae'bdcome tlualamery for
large gtaupe- d~ people t0 gelhaf on Bridge
Street and Gae Crosk prive In VsIIJVf~Iapa an
the avaninge d June 30 Ihtouglt 3uly~ $ ~ahd
0ecerrber 31 d each year; antl
WHEREAB, many of~lheae people have
became Inebriated over the course of the
evening from IMIOOr they have hroughl with [hem;
and
WHEREAS, thepre9ence of Luge numbers of
rnebrlalad people In a crowd a1 this alze
wrrElned In ea email a space has led In the peat
to acts d viarapca agalnat other and the police,
which rhs ppllcs maY nd be able [o aonlrol
adequalety due to the dawd eizs; end
WHEREAS, 1hs Town Gourlcllllnda that thle
enuatlan h harmful,W Ylb publb,heallh,~adsty
and wepare; and ~ ", ~ .:. ;. - .
WHEREAS, the Towa Council !lode Iha[ '
redunpn In the amoud of alcatrol aveklebb to
members d the aawd wpl feaean the IRrellflovd.
frequency end aeyernya vlolenoe [Mreln.
NOW. THEREFORE, SE IT ORDAfNEO BV
THE TOWN COUNCILOF THE TOWN OF VAIL,
Cq.ORADO:
SECTION 1. Chepler 9.32 Is hereby
amentled hY [he addnlan~d a'heav 9eMipn
8.32,020 ro reetl ae lopovn: ~ ~ ~ '
8,30.020 Cbeetl Contelnan Prohbned~ -`
A. Ne person ehaN poFeeee any drah. vinous,
or apfrpuoua liquor or lefineMed melt beverage
In or open any pd]Ilc highway, atnet,'plkY,walk,
parking let Or amr othat pvhrk property of place
M In OT LpOn flloee pdr110na, 01 any pfNale
properly upon which the publlo~ has ~ an
a7rpreaeetl or imgllsd Acenas to enter qr remain
whhln 4e area bounded by the Vell Shpttls Bue -
Plexa 70 the rrplh,lM tap q Bridge 3lreet to the ,
aodh, MiN Creek to lM east and the ChlldreNe
Folsnlaln to theweel between 8700 p.m.enA 890
a.m. ham Jvns 30th Througgh July Bth, 'and
between 690 p.m. on December Slat end 8:00
a.m. or January tst of ~ year.
R, N0lwhhalandfng the frxagaing, persona
shall have the right [c,pveeeaa male, vlnove or
aplfhWa6 Aqua or fermented map beverage in
geld area N !hay ors latJn ~i la psnrraneM or~R
reakkatoa t K aald wr,,.::'; ::
man lrevsrags I>DaawaM m;ylae
!`~ 6egion. N ao aunlrrnrls acnrrpleim
the vraWlon and !the Ckamelanaer
I permh, the ONicer may rsgdro the i
I leave Me prohPohed area; wkh th
sadanw, dadee a
- fa any t.aadn Mid
'i ahap nor ailed the
~. shop n~_idfed any r
"[ portbne u! Mk MdYu
hereby dadun B
., j prdlrunc~, old acct
:, `.- tetaanee. derur6'br r
, the"faa+ihf•any elrt
- aubesbbMh'kertklir
::' I~ ifeclafed'M4aHdi:4.T
~-.:s:_SEC7fCN8:rF'M
. €~ detefndnea and tlx
', neceewy a+td pprrop
~,. I: wspus.dtk~;Tawn
. ,'~SECTION'4:~41n
_ I'eenadmsnt '.ef 'N
~ µunlclpel.COde u
Ihb
A
aMa
and,
'.Vale[
as -comma wl w t,
p~~y~~Z r flfa r
The repeat'd1 rinY pIM Y - d
revhi6.:nYfx6vhbnUr.+glYordlnarrbe~ravlouey.q
~'.iMr~el ~ a eupr~e~ur ii~leapl>.r
++~„~ ~rr,T~
~~ INTRpDUCEO;^'REAb-~ ND~PASSEfI''aN
FIRST READING AND DRDEREO PUSEiSHED
ONCE IN.~tN.i;~jhli;7di~ayoltlwia~lgpgahd.e'3
.~~. ~puhlrahaaipp~ehelftieMWOrvlhli'erolnialpipn~
",the 7lh deY bf ~JUiiY,""1888' aN"7~0 P•n<'in the
Caundl ChArnban ot'ehe' Yap Munla{pai
. ' Bulkik,g, Val, Cobradoy_'-° ~~.. .
' Kurd R. Race
' ATTEST: ~ -..,~.
'. Ptrrwki A Srandrrlayar ~ , yr ~ ~ ~'a
Town Clark ~' ~`^
NJ7tt000GED. READ AND APPROVED ON '
' `•~"9ECONO READING AND -ORDERED~~
' ~ PU8L18HED ONCE IN FULL Nh 2fal day d
June. 1888. .Tfiilr€c;.r - :
_. ~ TavhiokvaiL;;
~~ ~ ~. nit ~'!.i t`'Jahn C. Slevin -~
- ~ ~ (al.y,l.;?tt'~'Mayn Pto•Tairi E
aTTEST: ~ f. u1 ~1,,~ r ,~ , ;Il
Pamela A. Srardmsyef,~,_ a„n J~,.:rt r. ~' ~'i5
Town CNfA .. ".^ r - ,: r• ,r.~rt~.:z•",*. H
. .,..5 ~PubNhedfri~73hVa#TnA~':Ki~.;t.n,~
on June'N, 1086 - ~ -
'. ~ I~ ~ ..