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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. •,. L~ ~~; `~, .... 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 • ; "- ? G M r- ry ~ "~ ;~ 0 ~• ~• ~; 0 N g J • N ~ W a. ~ ~. ~G ~ oti c ~ a a N ~ ° o 0 i w 0 c 5• d I d O 'j K ,ti ~ a C °rh r. t~ _--~ ~ vcr, "~ rn w r, ~. ~ J O z o "' O ~ ~~~ o c R o N ~ ~. b a n~ G a ?. ~~ o ~ ~ r-~ ~ r. 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