HomeMy WebLinkAbout2005- 2 Providing Certain Amendments to Title 6, Chapter 4, Article A "Carriage Operations" of the Vail Municipal Code ORDINANCE NO.2
SERIES 2005
AN ORDINANCE PROVIDING CERTAIN AMENDMENTS TO TITLE 6, CHAPTER 4,
ARTICLE A "CARRIAGE OPERATIONS," OF THE MUNICIPAL CODE OF THE
TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, it is the desire of the Town Council of the Town of Vail ("the Town")
to make certain amendments to the Vail Town Code as it pertains to horse drawn
carriage operations in the Town; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of
the citizens of the Town 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. Section 6-4A-3 of the Vail Town Code is hereby amended to read as
follows: (deletions are shown in st~il~, additions are shown in bold and
underline).
6-4A-3: HOURS OF OPERATION:
Horse drawn carriages are permitted to operate at any time seven (7) days a week
except: a) between the hours of twe three o'clock (3:00) P.M. to five o'clock (5:00) P.M.
on Bridge Street, or b) in the Village core or Lionshead Village areas on those days or
those times as deemed by the Town Manager and/or the Chief of Police when such
operation would constitute a hazard to the public safety; for example, July 4, New Year's
Eve, etc., and with consideration of extreme weather conditions.
I
Section 2. Section 6-4A-4 of the Vail Town Code is hereby amended to read as
follows: (deletions are shown in st~i1EE t"~-ai~, additions are shown in bold and
underline).
6-4A-4: APPROVED ROUTES; EXCEPTIONS
Horse drawn carriages may operate on any street within the Town with the following
exceptions:
A. Excepted Areas:
1. On any "gated" area commonly found on Town bus routes or bus stops.
Ordinance No. 2, Series of 2005 1
2. On any area commonly referred to as a "frontage road".
3. On any portion of I-70.
4. On any recreation path.
B. Gate And Walking Area Excluded From Restricted Areas: The use of the east
side gate on West Meadow Drive and the walking path which exists between West
Meadow Drive and East Lionshead Circle, running between the Dobson Ice Arena and
the Evergreen Lodge will not be included in the restricted areas.
C. Entries And Exitways: Horse drawn carriages may not impede any entry and/or
exit way of any building.
D. The Town Manager and/or the Chief of Police may temporarily amend,
waive or susaend the arovisions of this section at any time for the Town's
convenience or in the event of extraordinary circumstances. as determined by the
Town Manager or Chief of Police.
Section 3. Section 6-4A-6 of the Vail Town Code is hereby amended to read as
follows: (deletions are shown in s#~ike--t#re~#, additions are shown in bold and
underline).
6-4A-6: CARRIAGES UNATTENDED:
Carriages shall not be left unattended and drivers will remain with the carriage and in
control at all times. Should it be necessary for the driver to leave the carriage
unattended, the carriage shall be unoccupied and the horses shall be securely tied to
designated fixed objects. Compliance with this section shall not constitute a
chargeable offense under Section 6-4-6~E) of the Vail Town Code.
Section 4. Section 6-4A-7 of the Vail Town Code is hereby amended to read as
follows: (deletions are shown in ~e~#, additions are shown in bold and
underline).
6-4A-7: CONDITION OF CARRIAGES:
All carriages used within the Town shall be well maintained, in neat appearance and
hitched appropriately with safety} and serviceable harnesses. Lights are to be of such
luminance as to be readily visible at five hundred feet (500') front and rear, with signals
for turns and stops. A braking system independent of the horse(s) is to be installed and
Ordinance No. 2, Series of 2005 2
serviceable on any carriage operating within the Town. A sounding device, either horn or
bell, is to be available on each carriage. The horse(s) should be familiar with said device
and demonstrate no adverse reaction to such device when used.
Section 5. Section 6-4A-8 of the Vail Town Code is hereby amended to read as
follows: (deletions are shown in ~e~#, additions are shown in bold and
underline).
~ 6-4A-8: REQUIRED EQUIPMENT:
The following equipment is required:
A. Buckles (no snaps) on harness ends.
B. Throat latch.
C. Blinders.
D. Nose band.
E. Brichen.
F. Buckle safes or keepers behind all buckles.
• G. Whip.
H. Round collar or breast collar style harness.
I. Kickstrap.
J. Diapers.
K. Sharp knife. with a blade lenath less than 4.5 inches.
L. Harness bells.
M. Reflectors on front of hitch.
Section 6. Section 6-4A-9 of the Vail Town Code is hereby amended to read as
follows: (deletions are shown in ~e~, additions are shown in bold and
underline).
6-4A-9: NUMBER OF HORSE DRAWN CARRIAGES:
It is the judgment of the Town Council that in order to enable the Town bus system to
function properly and to protect pedestrians within the Town that controlling the number
of horse drawn carriages operating within the Town is within the public interest. To this
end, the maximum number of horse drawn carriages to be operated regularly on the
streets of Vail is a total of #eu~ six 44} j6Z to be allocated to all approved companies. The
Ordinance No. 2, Series of 2005 3
Town Manager has the authority to specify the locations of operation of the horse drawn
carriages. The maximum and minimum number of horse drawn carriages operated by
any approved company shall at all times be within the limits determined by the Town
Council and Town Manager applying the principles of a public convenience and
necessity.
Section 7. Section 6-4A-10 of the Vail Town Code is hereby amended to read as
follows: (deletions are shown in ~eag#, additions are shown in bold and
underline.
6-4A-10: PENALTIES:
A. Schedule Of Penalties: The following schedule shall apply to offenses charged
pursuant to the penalty assessment procedure for all offenses involving a carriage
operation violation:
First offense $ 50.00
Second offense 150.00
within one year
• Subsequent offenses Mandatory
within one year court
appearance
B. Imposition Of Penalty; Revocation Of Permit: The above-stated fines are
minimum penalties and all violations are subject to the general fine provisions of up to a
one thousand dollar ($1,000.00) fine and/or up to one hundred eighty (180) days in jail.
There shall be a mandatory revocation of a carriage operation's permit upon a third
violation of this Article within an eighteen (18) month period of time.
Section 8. 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 No. 2, Series of 2005 4
Section 9. 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 10. 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 11. 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 4~' day of January, 2005, and a
public hearing for second reading of this ordinance set for the 18th day of January, 2005,
at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
~'G ~
Rodney Slifer, aydr "
Attest:
p/
'i~lei onaldson, Town Clerk : ~
. SE
Ordinance No. 2, Series of 2005 5
r
i INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND
READING AND ORDERED PUBLISHED in full this 18T" day of January, 2005.
~ C
- C
Rodney ij. Slifer, Moor
Attest:
Lo~iei Dpnaldson, own Clerk A~~
o:
~Ay ;
5
a'
co~o~'
Ordinance No. 2, Series of 2005 6
WJZ~U ScU CO's. ~ m ~m^'a0 C G.° m ym ~ _.aGm Y m O
,~~~4~Q ~i3m ~nTgqS. 21-:. ~y5~~m'~- E~ ~mm NI~.I~ o+~~n a m z
Q. W ~ fF~+: - ~ Y$ E ~ r m C~ C m G (95y~ ~9~~ ~ ~ ~.Q 0 S C '
v1 R si ~ ¢ ~ 8 ~ d,~ _ < ~ c~nTC :a m m ~ m RE
~ ~ ~ ~ ~ ~ ~ R'1T m ~ ~~~~~T~~ YOB ~ ~ $mc .~~EUmG
C . 0~~ . , $ 18~1~. t: me ~4 ~ & ~+m~iaC~ o ~ $~0~~~` S ~a~~%F'
~ > ~
QQQ ~ ~ o
~~o=oLL chi ° ~ ~ a ~ ~ ~ o~n~g~ ~ ~ ~~ss Q ~m ~~s ~'~i ~~~r g~ gam.
pr¢V cm~ oC ~ c m=o„3~~~~ o3sc 3 -~~~c~~ ~~~~~p~~
>3~'S m~~ $~is ~ a ~ aid a=
N O m O
F~ 'y
b b O s7 • ~ U
.b p" ~ O ~ ~ O N
C ~ ~ C cad ~ ~ a ~ U C ~ ~
N C
j ~ py ' ~ ~ ~ o, od Z ~
a~ a ~ ~ ~ ~ z
A c; o o ~ ; ~ ~ ~ ' ~ ~ ~ a ~
iw o ~ b ~ .b ~ a W 'a
>W•a c°~ ~ a ~ ~ o 0 0 ~
~ O~ O~ ~ C N N 8 O
~ ~ ~ ~ U
a~ ~ ~ ~ ~ ~ ~ ~ ~ U
~ JJ
ti C
,~oa~o~.b 3 ~ ~ N :o
~ CO.' sue, ~ .b b y • ~ A. a' cd
v~ ~ a-d~° ~ a' 3 3 ~
y ~ U b a., w ~ ~ ti
Z ~o~oao~o ~ ~ w o o ~ ~~G~
O O 33•~~`~ao.'~ v ~ o a~ ~ w ~ '
0
O W ~ ~ ~ ti ~ ~ y .b c~ ~ v~ O 3 ~ ~0~~~.m~N.~~
f~ O ~-.b ~ ~ ~x ~ ~ 3 ~ ~ ~ ~
a~ a~ o ~ o y ~ ti
-d :a o
~ o
a F O ~ s ~ ~ ~ o ~ ~ w 3 ~
~ p., v~ U A .o o ° a E~ U H o ~ o ~ ~ cv
~ ~ ~ j
s
,.4 b,
. Q
~ ~ ~
. ~ w ~
.
W~-~,, ~ s.,~A ..,rz~~~~.-+.
a
~ ~ o N
a
U
ai N ~ O ~ rl
o as ~ w ~ o a,
Aaio~a ~ ~ ~ ~ b/ ~
a U ~ C g ~ N
~ O~ O~ ?O. b N N N ~ a
~ ~ ~ ~ o a~ o A A ~ ~ ,o
a~ o ~ ~ ~ ~ a ~
.~U~~Cp A~ C ~ N N N
~ p,, cd N ~ N ~ N N ~ ~ O
~ ~ rn ~ > NN ti p, ~d ~ 'C
~Ny v, ~ w ~d Fi v, O ti b •f~
w ~ ~ TJ p N ~ 3 ~ ~ N
~ b a•~ U ~ ~ a O 'b ~ ~ ~
~ p a 0 a 0~ i w o ° 7'~j !4
F ~ ~ .a ~ ~ a A,'~ ~ a o ~ ~ o C~
O W ~aaa~~~a~ b 2 •a ~ 0 3 N
G ~ o a'~~ a.°'Ax ~ ~ 3 3 a
O ~ ~ ~ ~ ~ c ~ ~ a ~ ~ N 'd
~ 0.~ ~ U A o ° o. ~ U H ~ ~ o ~ ~n N