HomeMy WebLinkAbout2013-14 Amending the Vail Town Code to Increase the Maximum Fine for Code Violations in Accordance with State LawORDINANCE NO. 14
SERIES 2013
AN ORDINANCE AMENDING THE VAIL TOWN CODE TO INCREASE
THE MAXIMUM FINE FOR CODE VIOLATIONS IN ACCORDANCE
WITH STATE LAW 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 the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council ") have
been duly elected and qualified;
WHEREAS, the Colorado General Assembly recently passed House Bill 13-
1060, which increased the maximum fine available under state law for violations of
municipal ordinances; and
WHEREAS, the Town Council desires to amend the Vail Town Code to allow for
an increase of the maximum fine amount available thereunder to correspond with the
maximum fine amount available under state law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 1 -4 -1 of the Vail Town Code, the general penalty for all
code violations, is hereby amended as follows:
A. Violation and Punishment.
1. It is unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this code. Unless otherwise
specifically provided, any person eighteen (18) years of age or older
violating any section of this code shall be punished by a fine of not more
than two thousand six hundred fifty dollars ($2,650.00) RORe -gaAe�
, or by incarceration not to exceed one
hundred eighty (180) days or by both such fine and incarceration.
2. Any person under eighteen (18) years of age convicted of
violating any provision of this code may be punished by a fine of not more
than two thousand six hundred fifty dollars ($2,650.00) ;6^° hURdF
. Any person under the age of eighteen (18)
years convicted of violating any provision of the model traffic code
adopted by section 7 -1 -1 of this code may be punished by a fine of not
more than three hundred dollars ($300.00) or by incarceration not to
exceed ninety (90) days, or by both such fine and incarceration. Any such
person shall be guilty of a separate offense for each and every day during
Ordinance No. 14, Series of 2013
any portion of which a violation of any provision of this code is committed,
continued, or permitted by such person and shall be punished accordingly.
Section 2. Section 4- 12 -20.A of the Vail Town Code, imposing penalties for
violations of the sexually oriented business regulations, is hereby amended as follows:
A. It shall be unlawful for any person, corporation or other entity to
violate any provision of this chapter, and any such violation shall be
subject to the penalties set forth in Section 1 -4 -1 of this Code a sale
Each and
every day of violation of the provisions of this chapter shall constitute a
separate offense punishable as such.
Section 3. Section 6 -31-1-11 of the Vail Town Code, imposing penalties for
assault weapons violations, is hereby amended as follows:
6- 3H -11: PENALTY:
Any person who is convicted of violating any provision of this Article shall
be punished as provided in Section 1 -4 -1 of this Code by a fiRe of
ten (10) daY6 ReF FneFe thaR 9Re hundFed eighty (ISO) days.
Section 4. Section 6- 4 -23.B of the Vail Town Code, imposing penalties for
animal control violations, is hereby amended as follows:
B. The above - stated fines are minimum penalties and all violations are
subject to the general penalties set forth in Section 1 -4 -1 of this Code
fine PFGV*SOGRS of up to a one thousand dellaF ($1,000.00) fiRe and!9F Up-to
Section 5. Section 6- 4A -10.B of the Vail Town Code, imposing penalties for
carriage violations, is hereby amended as follows:
B. Imposition Of Penalty; Revocation Of Permit: The above stated
fines are minimum penalties and all violations are subject to the general
penalties set forth in Section 1-4 -1 of this Code
jail. (180) days 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 6. 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
Ordinance No. 14, Series of 2013
of the remaining portions of this ordinance; and the 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 7. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 8. 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 9. 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 17th day of September, 2013
and a public hearing for second reading of this Ordinance set for the 1St day of October,
2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
O`N N 0&
••;g� Andrew P. Daly,
ATTEST:
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T my gel, Actin own I RAOO
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of October, 2013.
Andrew P. Daly, Mayekj
ATTEST:
T my N e, cti own Clerk
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Ordinance No. 14 Series of 2013 .•'