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Home My WebLink About2005-23 Repealing and Reenacting Title 6, Chapter 3, Article I of the Vail Municipal Code Relating to Restraining Order Violations i + e i ORDINANCE N0.23 SERIES 2005 AN ORDINANCE REPEALING AND REENACTING TITLE 6, CHAPTER 3, ARTICLE I OF THE MUNICIPAL CODE OF THE TOWN OF VAIL RELATING TO RESTRAINING ORDER VIOLATIONS 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") have been duly elected and qualified; and WHEREAS, via Ordinance 8, Series 2004, the Town adopted and codified a law prohibiting the violation of lawful restraining orders; and WHEREAS, since the Town's adoption of Ordinance 8, Series 2004, several Colorado Revised Statutes in effect at the time have now been repealed; and WHEREAS, this housekeeping ordinance is necessary to remove all citations to'the now repealed statutes from the Vail Town Code while retaining the prohibition against violating lawful • restraining orders. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: i ~I ~ Section 1. Title 6, Chapter 3, Article I of the Vai{ Town Code is hereby repeated and ~ reenacted as follows: I ARTICLE I. VIOLATION OF RESTRAINING ORDER ~ SECTION: I 6-31-1: Definitions 6-31-2: Violation of Restraining Order 6-31-1: DEFINITIONS: For 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. Ordinance 23, Series of 2005 1 • RESTRAINING ORDER: (a) 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, or which is issued pursuant any statute within the State of Colorado or rule of civil procedure, criminal procedure, county court procedure or municipal court procedure within the State of Colorado; and (b) 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 as part of the proceedings concerning criminal municipal ordinance violation; and (c) 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. I 6-31-2: VIOLATION OF RESTRAING 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 any statute within the State of Colorado or rule of civil procedure, criminal procedure, county court procedure or municipal court procedure within the State of • Colorado; or an order issued by any court 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 issue pursuant to Title 19, C.R.S., (or the "Children's Code"); 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. C. Any violation of this section shall be deemed a violation of the Vail Municipal Code, punishable by a 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. Ordinance 23, Series of 2005 2 z • 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 Municipal Code of the Town of Vail 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 proceedings 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 amended 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, as adopted by the Town Council, shall be numbered and • recorded by the Town Clerk in the official records of the Town. The adoption and publication Ordinance 23, Series of 2005 3 j • shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 7. 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 4th day of October, 2005 and a public hearing shall be held on this Ordinance on the 18th day of October, 2005, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. S~ Rodney L: Slifer, I~y?~r ATTEST: COLON ~ f L~ `-Corefe~ Donaldson, Town Clerk READ AND APPROVED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED this 18th day of October, 2005. OF ~l - ~ ~ jQ?~'' ~ Rodney Slifer, ayor ATTEST: 1~ 1 ~ ~ ~ l : ~6rel Donalds n, Town Clerk • Ordinance 23, Series of 2005 4 Fi 8 8 g~ w~w~ m:~z~~ u~~~~.b~~'!•~~~~.k c~t~~$~ W5~8~~5~~8~3ai~a~ ~LLm~am ~ ~ ~ ~ g jj $ ~ ~ m~~£m3 acm t w ~ F.e ~ ~ o ~ a _g 3 ~ ~ ova 3~ aF pZ Tr, ~a.~~Sp Ne §§yp$b lqF may/ .~}f Z SSS yyp 1~•_`~ 1~Sy gy}} era. -n~ $E!>3i <~i~f~ ~~a~~~s4 ~HS CW G~.~~d~~~ ~ {~~0~ tl~36~~~6Cbt pt LZ $C~q aYi~uY~~~~~0 `p a y V ~ ~ CO y V V 'b? ~ p > ~ ~ O L r ~ o • a an o u D ° o ~ v N ~ 'o ? p, ~o o v, ~ ~ U ~ ~ a. i ~ ~ ~ ~ ~ ro ~ ~ • L O ~ ~ c0 H G N L ~ ~ ^ cd E.. c~ d d q N ~ id Cn ~'U G ~ ~ ~ b? c ~ bq w ~ c p c ~ C vi o ri y W O ti ~ nn o$ y a~ aoioN~~ a, c y ~ d a ~ 5E '~~~e aci~o ~ o o ~ ~ ~ V a~ a cia~c8 ~ c o ° -o a~ ti > a a a 0 0 c m~~E Q s 0 a~ ,c y ~ q 3 ~ ro ~ O •y w -p b in a ti ~c~ b~ - a, ti 3 s o c/j ~ a;v ° ~ ~ 3 ~ ~ c Z, t~OCO CyO N N w O q h- 3 3~ u ~ c ~ a; ~ ; U ~ W Tc ~ ow ~ n a ~ 3 ~ ~ ~ ~ ,n Y~ ~ U , CQ. ~ Gz, v° p ~ o K .d ~ 3 ~ ~ a ?`tom-c ~ ~ • PUBLIC NOTICE SUBSEOUE9 ORDEA An order" which: amends, modifies, auppkments or at;. ; , , ~ Part, section, subsection, sentence, clause or. ORDINANCE NO.23 a Restrainin Order phrase thereof, regardless of the fact that any oral SEAIES2005 or more parts, sections, subsectlons, sentences, g-31.y:' ytOLATION Op R1~TRA louses or phrases tie declared irnalid. AN ORDINANCE REPEALING AND REENACT. ~"~~`~iiOYi~ ING TITLE 8z CHAPTER 3 ARTICLE t OF THE A. Apsaon r~rrmip ihs n ~ The Town CouncR hereby fines, tlst®r- o MUNICIPAL DE OF THg TOWN OF VAIL RE+ crlrtN of Mote-tbn o? s Re~ratrling grder q $ i~ ~ declares that this ordinance is neces- LATING TO AE37RAflWNG ORDEA VIOLATIONS sudt com-mlte ~ ~ y~l,~ prbper for the health, safety, and welfare Aft ae. , rriG FOR7'ft DETAILS IN REGARD p~iWled by any court par-suert to a vattd °f~e Town oft Vail and the inhabitants thereof. THERETO. bsuee( pugwM any atahrOp wiMiq qv . State of Colorado or rapt of tdvR 8ecdon 4, The amendment of any provrsion of WHEREAS. die Town of Veit, M the ~ criminal Pn~brre+ ate ttb$at~ipei Code of ate Town iff Vail as In in~i`~_"t1r1~_.~,.:_. :F-&-..ror v+*wdavn- ~'u~r~i~fYrlt,~t-..r..w..,... .~...E_p... prohibited from doing ihs epeclfied act or acts. ~n~~impoa~ ~ any aurime vfiieif ~a^1've SC~CONE REApiNG~ANp QgpEREDA PUBUSk- RESTRAINING ORDER: (aj Arm ovdex whlcR rise to trio issuing of the reaheining order. ED this t tith tlay of October, 2f>tiS. prohibits tits Restreined lrersaf fiom contacting harassing, injuring intimidating, D. Nothing in this Sadist ate be- Rodney E. Slifer Mayor mdsatlitg,~thrsatenirtg or touching arty rson, construed to alter or diminish the infroreM AT7EST: or from . , or remaining ort eea o? authority of the Court to enforce its orders Lorelei Donaldson, Town Clark , from , with a through civN tx crhrrirml ca?tmpt proeeed(nga. . apecitisd distanp of a ProteMed Pereon or Pubiished in Ute Vail Deily October 22, 2005. premises which le issued by a court of this E. No person charged veldt violadort State or the Muntdpal ~~~rt, o? which (e Issued of a Restraining Order puretrant to this section ? ppursuant arty statute within the State of shag be rrttitted, In the criminal action Cobrado or rule of civil procedure, criminal resulting f Patna such charge, to collaterally procedure, county court procedure or attack fire validity d the order which such L~.,/ municipal court ..:are within the State of person is accused of vidaling. V Coioredo; and (bj Arry order which prohibits the Restrained Person from contacting, F A peace officer arrest- i harassing, injuring, intimidating, molesting, ing a person for violating s Restreining Order or ' threstening or of(ierwise enforcing a ResVainingg Order shall touching arty pereon, or from entersng or not he held criminally or Nvilly 1l6ble for such i remaining on remises or from coming within a arrest or sntorcemertt unless die peace oMcar specified distance of a Protected Person or acts in bad taith and with rtta8u or dog not act premises which is issued sa part d the in compliance with. rules adopted by the proeeedUga concernin criminal municipal Colorado Supreme , ordinance vblation• and ~c) Any other order of s Court. COUR Vrf11Cf1 ibhs a , : from COn ~ - harassing, njuring, Intimidating, molesting, Section 2. It arty part, section, 'subsection, sen- t[. _ >°ng or touching arty person or from tense, ciauae or phrase of this ordinance is for any entering or remaining on premises or from reason heid'to ~ invalid, such decision shall not cominop within a specffled distance of a affect the validrtv of the. remaining portions of this - Protactetl Peron or premtess, ,ordinance- and the Town Council hereby deGares it would stave passed this ordinance, and each . € ~ a O ~v ~ ~ ~ O v ~ O ~ ~ ~ n cd c~ X b O ~ r-+ Q ~ ~ a~ ~ ~s o ~ ~ ~ •~v~ 3 ~ ~ ~ $ c ~ ~ o G ~ ~ ~ ~ ~ ~ w ~C1. a> p ~ C p O ~ .C 0 O ~ cr ~ N N y ~ ai y~ a «t O rn ~ y N N O \ \t. ti; O i A. ~ O N rn ~ ~ N r0+ ~ A ~ ~ v7 w, "C7 ,.a cc~,~~ O ~ y oio Rs ~ ~ ~ ~ . ~ 4. t~. ~ .O ~ to y 3 cti N ~ 'oq a ~ y ~ ~ o 'ti ~ .a Q' sty y O.. •L: Fr ~ "Cy N ~ 'i ~ CZ! 11 C~ ,t_, ~ 7 ~ O ~ Cd "t~ ~ ~ ~ ~ c~ a~~i ~ ~ ~ a~ y a3i T c° ~ oo -d ~ ao -a ~ sr ~ ~ ~s ~ ~ , a? w ~ '.'"U+ T! i7 t•" w ~ ~ ~ ~ see see c p., o z~ v ~ v 0 3 O~ fix, ~ O ~ ~ •U „fl ~ y '~U ~ 3 O ~ -o~ai~x ~ ~ ~ v ~ F+q ~ CSi ~i-. ~ it O 't7 ? a ~ ~ H U E-~ c ~ o ~ .o ~ N