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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~ ~ ..