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HomeMy WebLinkAbout2003-37 Amending Title 7, Chapter 2 of the Vail Town Code; Allowing for an Automatic Reduction of Points Assessed for Certain Traffic Offensesf ~ • • ORDINANCE NO. 37 Series of 2003 AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, OF THE VAIL TOWN CODE; ALLOWING FOR AN AUTOMATIC REDUCTION OF POINTS ASSESSED FOR CERTAIN TRAFFIC OFFENSES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council's have been duly elected and qualified; and WHEREAS, in the interest of judicial economy, the Town of Vail Municipal Court desires to implement a program allowing individuals accused of certain traffic offenses to avoid a court appearance and to allow the accused individual to receive an automatic point reduction, asset forth herein, when a guilty plea is entered prior to the scheduled appearance date. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Section 7-2A-8(A) of the Vail Town Code is hereby amended as follows: (additions are shown in bold deletions in stf+lFe~##~r~g#) A. The fine or penalties specified in the penalty assessment notice may be paid at the office of the Clerk of the Municipal Court, either in person or by mail, ea-ef before the appearance date specified on the penalty assessment notice. If a person pays the fine and surcharge for the violation before the appearance date, the points assessed for the violation are reduced as follows: 1. For a violation having an assessment of three (3) or more points under C.R.S. § 42-2-127(5), as amended, the points are reduced by two (2) points; 2. For a violation having the assessment of two (2) points under C.R.S. § 42-2- 127(5), as amended, the points are reduced by one (1) point. Section 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 effect 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 37, Series of 2003 ~ •I' t .~ • • • Section 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. Section 4. 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 5. 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. Section 6. This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of December, 2003 and a public hearing shall be held on this Ordinance on the 6th day of January, 2004, at 6;00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ,:= ~~ ~~~ F~odney .Slifer, ayor ATTEST: ,: ' ~" y' ~'`' ~~~ ~ ~ ~~ ,~ Si~,~ ore e' Donaldson, Town Clerk READ AND APPROVED ON S this 6th day of January, 2004. A TE 1/~. relei onaldson, T wn Clerk Ordinance 37, Series of 2003 NG AND ORDERED PUBLISHED -~- ~~P~ odney F Slifer, 11~ayor 2