Loading...
HomeMy WebLinkAbout2003-26 Amending Title 7, Chapter 3, Article D Parking Infractions; Amending Chapter 6 Transportation Center of the Vail Municipal Code• ~ • ORDINANCE 26 SERIES 2003 AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, ARTICLED "PARKING INFRACTIONS,"; AND AMENDING CHAPTER 6 "TRANSPORTATION CENTER," OF THE MUNICIPAL CODE OF THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the desire of the Towri Council of the Town of Vail ("the Town") to increase parking fines for parking violations occurring within the Town; and WHEREAS, it is the Town Council's belief that certain "housekeeping" amendments are necessary in Title 7, Chapter 6, of the Vaii Municipal Code to more effectively enforce the Town's parking regulations; and WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced and promoted by the adoption of this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 7, Chapter 3, Article D, of the Municipal Code of the Town of Vail is hereby amended as follows: (deletions are shown in ~e~#, additions are shown in bold) 7-3D-1: PENALTIES: Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a parking violation, shall be fined or penalized up to one hundred dollars ($100), with a fee schedule set by the Town of Vail Municipal Court. si~tees 7-3D-2: LATE FEES: Whenever enforcement is initiated by the issuance of a parking ticket and a fine or a penalty is not received by the Municipal Court, or the owner or driver does not appear in the Municipal Court to set a hearing on the allegation within twenty one (21) days of the date of issue, the fine or penalty as set forth in Section 7-3D-1 of this Article shall be increased by a late fee of five dollars ($5.00). Ordinance 26, Series of 2003 • • • 7-3D-3: TIME-LIMITED PARKING: It shall be unlawful for any person to park a vehicle in any time limited parking space for a consecutive period of time longer than that limit posted period of time for which parking is lawfully permitted, irrespective of the amount of money deposited into the parking management system. 7-3D-4: ABUSE OF PARKING FACILITIES: No person shall park a vehicle in a Town Parking Facility for a free period of time, exit the facility and re-enter the facility, and park for a second free period of time within three hours of the first entry into the facility. Section 2. Title 7, Chapter 6, of the Municipal Code of the Town of Vail is hereby amended as follows: (deletions are shown in s#ike-t#reegl~, additions are shown in bold) CHAPTER 6 ~'€PITER PARKING FACILITIES 7-6-1: DEFINITIONS: When used in this Title 7, the words and phrases contained in this Chapter shall have the specific meanings as defined in this Chapter. PARKING FACILITY: Any structure or surface, owned and/or operated by the Town of Vail, in or upon which vehicles are parked for a given duration of time. VEHICLE:~ek+isls", are u:sd in'.his-Char ~ sShall be defined as provided in the Model Traffic Code for Colorado Municipalities as adopted by the Vail Town Council. 7-6-2: PROHIBITED ACTIVITIES: A. Seasonal Or Parking Pass: It is unlawful for any holder of a Town of Vail t~aesys~a`.ia+~-se~-ter seasonal or other parking pass to: 1. Park or leave one or more vehicles in t#e a Town of Vail Parking Facility, and while said vehicle or vehicles are in the ^~ facility, to use the Ordinance 26, Series of 2003 • • • same parking pass to park another vehicle in a Parking Facility; 2. Lend or give a season parking pass or daily ticket to another person to use the same to remove the vehicle previously parked by that person in t#~e~a+l-#fa+~spertatisn se~ef e~-pa~~ a Parking Facility; 3. Use a parking pass to remove the vehicle of another from seflt~ a Parking Facility ar Faid-let that was previously parked in the se+~te~ facility of let without use of a parking pass. B. Vehicle Used For Residential Purposes: No person may use a vehicle parked in #~ie-Vail tras~:rta~iar~-seater a Parking Facility for residential purposes, including, but not limited to, cooking, sleeping, eating, or other similar activities. C. Vehicle Towing Trailer, Boat Or Other Vehicle: No vehicle towing a trailer of any size, other vehicle, or boat shall be parked in a Parking Facility. D. Size Of Vehicle Limited: No vehicles exceeding seven feet four inches (7'4") in height or seven feet (7') in width or fifteen feet (15') in length shall be parked in t~-Vail =r*atia~-se+~te~ a Parking Facility except in areas specifically designated therefor. E. Pressurized Tanks Prohibited; Exception: No vehicle carrying propane or other flammable material in pressurized tanks shall be parked in t~e~ail-#~aesps:~a`.i~-see#ar a Parking Facility except in areas designated therefor. 7-6-3: STORAGE PROHIBITED: It is unlawful for any owner, operator or other person having possession or control of a vehicle to store the same in a Parking Facility. A. Continuous Parking Limited; Accrued Fees: A vehicle which has been parked for a continuous period in a Parking Facility without being removed from the t~ansp=r'.at~-ser+tef Parking Facility for a period of more than Ordinance 26, Series of 2003 • • • fourteen (14) days shall be deemed to have been stored in the Parking Facility contrary to the provisions of this Section. Any person removing his or her vehicle from tla3 tran.pe~atiera-se+~ter a Parking Facility shall pay all accrued fees for parking in the ^~ Facility, and failure to pay said fees shall be unlawful. B. Impoundment For Failure To Pay Accrued Fees: If a vehicle has been left in t#~e Vail--t~~r:~psr'aticn sa~tef a Parking Facility for a period in excess of fourteen (14) days without removal and payment of fees as required in subsection A above, then the Vail #~~spe~al:isn s~ewiser parking supervisor, or a police officer of the Town, upon his or her request, shall cause the vehicle to be impounded in accordance with the provisions of the applicable Model Traffic Code as adopted by the Town. C. Vehicle Reclaimed: Any vehicle impounded in accordance with subsection B above may be reclaimed by the owner thereof, upon payment of those costs imposed by the Model Traffic Code, and in addition thereto, the parking fees and charges incurred for parking in a Parking Facility. D. Impoundment Fee In Addition To Penalty: The impoundment of a vehicle shall not be deemed an exclusive penalty but shall be in addition to any penalties that may be imposed in accordance with Section 7-6-4 of this Chapter. 7-6-4: PENALTIES: A violation of this Chapter shall be punished by the revocation of the parking pass or the imposition of a fine not to exceed three hundred dollars ($300.00) or both such revocation and fine. Section 3. 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. Ordinance 26, Series of 2003 • • • 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 amendment of any provision of the Town Code 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 as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of October, 2003 and a public hearing for second reading of this Ordinance set for the 4th day of November, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~~. Attest: '~ ~~u`~`a,fi t~~e~~~ ,. ,~ '~ r /` L elei onaldson, Town Clerk Ludwig K~rf-z, Mayor Ordinance 26, Series of 2003 ~ ! • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of November, 2003. ~~'~~ ~"f~~• Attest: ~~~~~~~~ a,a=, - / //~, r, rf/f~ ~' ~1/ L rel i Donaldson, Town Clerk /~G~~',Dr i~~ Ludwig Kurz, 11A~or Ordinance 26, Series of 2003 • PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE 0611 I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ....../....... consecutive insertions; and thcat~the first publication of said notice was in the issue of said newspaper dated .~~y~~~... ~..~••......... A.D...c.~. lQ..Q.. ~......... and that the last publication of said notice was in the issue of said newspaper In witness whereof 1 have hereunto set my hand this ..~./•• day of . ... ..............r•~.~ ~/~ ~ . Rush arrcar ~' , ~.(If1Q'HIfl1~(~ t~i•r tn.c ;. pel~oode~ Paw ~~ .* WHEREAT T s he~Ntl~ ~e~ iM • t o70o r STATE OF COLORADO COUNTY OF EAGLE PROOF OF PUBLICATION SS. i, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ..........1.... consecutive insertions; and//t__ha--t the first publication of said notice was in the issue of said newspaper dated ...~~C.~t~i~. A.D.....~~?..~~7.... and that the last publication of said notice was in the issue of said newspaper dated\~..t~.~.',~d~4.~...A.D.........y~.......... ~ ,,~ ' - / /'~ In witness whereof I have hereunto set my hand this .... day of ..... .....~~...7~~.Q /I/\ PUBCIG NOTICE ; . , ,. oB R61s AN O RDIMANOE A~ ~ 7 QIt~P~/T~/R~IppA ~^ DI CH R 6 I~TIOt1' 914it11M Lu4~p}p Kure, Mayor "" x ' 1;®t^~Ipl;~lurielpMon, Town CIgpA,r~. p ~~MIED~BTrRE ONLY Novamt»r i,, 20Q3 the 4t11~ >~ t1i Mcw~emkfs~'# . ' ... Wdwip Kurz, Mayor Town Clark , IahNlt~~ dally Nq*p~tiar'7, 2Qg3.