HomeMy WebLinkAbout2022-20 an Ordinance Amending Sections 7-12-2, 7-12-6 and 7-12-7 of the Vail Town Code Regarding Pedestrian Mall Areas in the TownORDINANCE NO.20
SERIES 2022
AN ORDINANCE AMENDING SECTIONS 7-12 2, 7-12-6, AND 7-12-7 OF
THE VAIL TOWN CODE REGARDING PEDESTRIAN MALL AREAS IN
THE TOWN
WHEREAS, on August 16, 2022, the Town Council passed revisions to Title 7 of
the Vail Town Code related to pedestrian and vehicular circulation in pedestrian malls in
the Town;
WHEREAS, that ordinance, in part, established a detailed fee calculation for the
assessment of loading dock fees;
WHEREAS, to promote efficiency and consistency, the Town wishes to remove
the detailed fee calculation from the Vail Town Code and instead place such information
in the Town's fee schedule; and
WHEREAS, the Town Council also wishes to modify the definitions and correct an
erroneous reference to the Colorado Municipal Court Rules of Procedure.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7-12-2 of the Vail Town Code is hereby amended to add the
following definition, to appear in alphabetical order:
FREIGHT TRUCK: A truck with a gross vehicle weight rating greater than
33,000 lbs. used for the commercial delivery of goods.
Section 2. Section 7-12-3 of the Vail Town Code is hereby amended as follows:
7-12-3: RESTRICTED AREAS:
No person shall transport or deliver commercial goods in a pedestrian mall
area except:
1. A Town -approved contractor;
2. A high -volume commercial carrier not usin_q a freight truck for
such transportation or delivery; or
3. Vehicles owned by businesses that own loading docks within
a pedestrian mall area if the vehicles are clearly marked to show the
ownership of the vehicle.
111812022
IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKâ–ºOMLOADING DOCK AMENDMENT-0103122.DOCX
Section 3. Section 7-12-6 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
7-12-6: LOADING DOCK PERMIT FEE:
The permit fee shall be set forth in the fee schedule adopted by resolution
of the Town Council.
Section 4. Section 7-12-7(D) of the Vail Town Code is hereby amended as
follows:
7-12-7: VIOLATION; PENALTY:
D. Criminal Enforcement: If the Town chooses criminal enforcement or
a protest is filed and the civil'citation is canceled, a summons and complaint
may be served as provided in the Colorado Municipal Court Rules of QV 4
Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code.
Section 5. 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 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 6. 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 7. 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 8. 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 15th day of November, 2022
and a public hearing for second reading of this Ordinance set for the 6th day of
December, 2022, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
2
111&2022
1tiFtLESERVER20191REDIRECTED$ISBI88ENS1DESKTOPILOAD+NG DOCK AMENDMENT-0103122.DOCX
ATTEST:
Stehanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND
this 6th day of December, 2022.
ATTEST:
Stephie Bibbens,
6J4--6'1
Town Clerk
ING AND ORDERED PUBLISHED
r
^ .
Rim Lang yor
OF
3
111812022
I FILESERVER20191REDIRECTED$1SBI88ENSIDESKTOP4LOADING DOCK AMENDMENT-0103122.DOCX