HomeMy WebLinkAbout2009-09 an Ordinance Amending Title 1, Administrative, Vail Town Code by the Addition of a New Section, "Restitution Orders" to Chapter 4, General Penalty
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ORDINANCE NO. 9
SERIES OF 2009
AN ORDINANCE AMENDING TITLE 1, ADMINISTRATION, VAIL TOWN CODE BY THE
ADDITION OF A NEW SECTION, "RESTITUTION ORDERS" TO CHAPTER 4, GENERAL
, PENALTY; 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, the Vail Mun'icipal Court requires the ability to impose restitution in criminal
actions where a defendant has been adjudged guilty for violating an ordinance of the Town for
any actual damage or loss caused by the offense or infraction for which the conviction or
judgment of liability was had; and
WHEREAS, the Council declares that the victims of a crime are entitled to be
compensated for their losses and hereby finds that it is in the best interest of the citizens of the
Town to revise the Town Code by amending Title 1 with the addition of a new subsection,
"Restitution Orders" to Chapter 4, General Penalty.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 1-4-1 of the Municipal Code of the Town of Vail is hereby amended with the
addition subsection C. "Restitution Orders" to read as follows:
1-4-1: GENERAL PENALTY:
C. Restitution Orders:
(a) The Municipal Court has the ability to order restitution in cases where a victim suffers
actual losses or can show future costs for treatment. Any order for restitution entered
pursuant to this Section shall be a final civil judgment in favor of the Town and any victim.
Notwithstanding any other civil or criminal statute or rule, any such judgment shall remain
in force until the restitution is paid in full. The entry of an order for restitution under this
Section creates a lien by operation of law against the defendant's personal property and
any interest that the defendant may have in any personal property. Any order of
restitution imposed shall be considered a debt for "willful and malicious" injury for
purposes of exceptions to discharge in bankruptcy as provided in 11 U.S.C. § 523.
(b) Any order of restitution may be increased or decreased upon a showing of good
cause. If more than one (1) defendant owes restitution to the same victim for the same
pecuniary loss, the orders for restitution shall be joint and several obligations of the
defendants.
(c) Victims of traffic accidents cannot request restitution if the vehicle they drove,
regardless of ownership, did not have insurance coverage. Nothing in this Subsection
shall prohibit a passenger in the vehicle from being awarded restitution if the driver or
passenger was not covered by his or her own medical payments coverage policy.
Ordinence No. 9, Series of 2009
(d) Nothing in this Chapter shall be construed to limit or abrogate the rights and
immunities set forth in the "Colorado Governmental Immunity Act," Article 10 of Title 24,
C.R.S.
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.
Section 3. 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 4. 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 7th day of April, 2009, and a public
hearing for second reading of this Ordinance set for the 21gt day of April, 2009, at 6:00 P.M. in the
Council Chambers of the Vail Muni ' ail, Colorado.
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: s,~r~ Dick Cleveland, y r
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L rel i Donaldson, Town Clerk ~0 •••..•••0
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN this
215t day of April, 2009.
- ~ Dick Cleveland, Mayor
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Lo~eF i D naldson, own Clerk
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Ordinance No. 9, Series of 2009 go
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