HomeMy WebLinkAbout2004- 8 Amending Title 6, Chapter 3 "General Offenses" of the Vail Municipal Code; Providing for the Addition of Article I. Violation of Restraining Order"ORDINANCE 8
SERIES 2004
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, "GENERAL OFFENSES," OF
THE MUNICIPAL CODE OF THE TOWN OF VAIL; PROVIDING FOR THE ADDITION
OF "ARTICLE I. VIOLATION OF RESTRAINING ORDER"; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, it is the desire of the Town Council of the Town of Vail ("the Town")
to amend the Town's Police Regulations to provide for the crime of violation of
restraining order; 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 6, Chapter 3, of the Municipal Code of the Town of Vail is hereby
amended by the addition of the following Article I, to read as follows:
ARTICLE I. VIOLATION OF RESTRAINING ORDER
SECTION:
6-31-1: Definitions
6-31-2: Violation Of Restraining Order
6-31-1: DEFINITIONS: For the purposes of this Article, the following terms shall be
defined as follows:
PROTECTED PERSON: The person or persons identified in the Restraining Order as
the person or persons for whose benefit the restraining order was issued.
RESTRAINED PERSON: The person identified in the Restraining Order as the person
prohibited from doing the specified act or acts.
RESTRAINING ORDER: Any order which prohibits the Restrained Person from
contacting, harassing, injuring, intimidating, molesting, threatening or touching any
person, or from entering or remaining on premises or from coming within a specified
distance of a Protected Person or premises which is issued by a court of this state or the
• municipal court, and which is issued pursuant to C.R.S., Sections 14-4-101 to 14-4-105
Ordinance 8, Series of 2004
• C.R.S., Section 14-10-107 C.R.S., Section 14-10-108, C.R.S., Section 18-1-1001,
Section 19-3-316, C.R.S., Section 19-4-111, C.R.S. or Rule 365 of the Colorado Rules
of County Court Civil Procedure, and orders issued as part of the proceedings
concerning criminal municipal ordinance violation or any other order of a court which
prohibits a person from contacting, harassing, injuring, intimidating, molesting,
threatening or touching any person or from entering or remaining on premises or from
coming within a specified distance of a Protected Person or premises.
SUBSEQUENT ORDER: An order which amends, modifies, supplements or supersedes
a Restraining Order.
6-31-2: VIOLATION OF RESTRAINNG ORDER:
A. A person commits the crime of violation of a Restraining Order if such person
commits an act which is prohibited by any court pursuant to a valid order issued
pursuant to Sections 14-4-101 to 14-4-104, C.R.S., Section 18-1-1001, Rule 365 of the
Colorado Rules of County Court Civil Procedure or an order issued by any district court,
• as provided for in Section 14-10-108, C.R.S. which restrains and enjoins any person
from threatening, beating, striking or assaulting any other person or requires a person to
leave certain premises and refrain from entering or remaining on such premises, or a
municipal ordinance which provides for an order to issue which restrains any person
from threatening, molesting' or injuring any person or entering or remaining on the
premises, or any protective order issued pursuant to Title 19, C.R.S., or if such person
fails to perform any act mandated by any such order, after such person has been
personally served with any such order or otherwise has acquired from the court actual
knowledge of the contents of any such order.
B. A peace officer shall arrest, or, if an arrest would be impractical under the
circumstances, seek a warrant for the arrest of, a Restrained Person when the peace
officer has information amounting to probable cause that:
1. The Restrained Person has violated or attempted to violate any provision of a
Restraining Order; and
2. The Restrained Person has been properly served with a copy of the
Restraining Order or the Restrained Person had received actual notice of the existence
and substance of such order.
Ordinance 8, Series of 2004 2
• C. Any violation of this section shall be deemed a violation of this code, punishable b a
y
fine or imprisonment or both in accordance with the general penalty provisions of this
code. Any sentence imposed for violation of this section shall run consecutively and not
concurrently with any sentence imposed for any crime which gave rise to the issuing of
the Restraining Order.
D. Nothing in this section shall be construed to alter or diminish the inherent authority of
the Court to enforce its orders through civil or criminal contempt proceedings.
E. No person charged with violation of a Restraining Order pursuant to this section shall
be permitted, in the criminal action resulting from such charge, to collaterally attack the
validity of the order which such person is accused of violating.
F. A peace officer arresting a person for violating a Restraining Order or otherwise
enforcing a Restraining Order shall not he held criminally or civilly liable for such arrest
• or enforcement unless the peace officer acts in bad faith and with malice or does not act
in compliance with rules adopted by the Colorado Supreme Court.
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 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.
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.
Ordinance 8, Series of 2004 3
•
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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of March, 2004 and a
public hearing for second reading of this Ordinance set for the 6th day of April, 2004, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
•,.
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Attest: Vti~ COLO~
orel 'Donaldson, Town Clerk
~~~ f~%~~
Rodney`E. Slifer~Mayor
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND
READING AND ORDERED PUBLISHED in full this 6th day of April, 2004.
.~ ~ ~ ~'
~~~ ~F'Vgi / _~ Cam" ~ ,~~_
'; Rodney E. Slifer, Maybr
`;SAL
Attest:
~.v
~~L Oi2P~
• rele~/Donaldson, Town Clerk
Ordinance 8, Series of 2004 4
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