HomeMy WebLinkAbout2023-09 An Ordinance of the Town Council Repealing and Reenacting Section 7-10-9 of the Town Code Concerning the Penalty for Violations of Certain Commercial Transportation RegulationsORDINANCE NO. 09
SERIES 2023
AN ORDINANCE OF THE TOWN COUNCIL REPEALING AND
REENACTING SECTION 7-10-9 OF THE VAIL TOWN CODE,
CONCERNING THE PENALTY FOR VIOLATIONS OF CERTAIN
COMMERCIAL TRANSPORTATION REGULATIONS
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Section 7-10-9 of the Town Code is hereby repealed in its entirety
and reenacted as follows:
§ 7-10-9 VIOLATION; PENALTY.
(A) Violations of this Chapter shall be subject to the penalties contained
in Section 1-4-1 of this Code.
(B) In addition to the penalty provided in subsection (A) hereof, the Town
may revoke the operating privileges of a commercial operator under this
Chapter for a period of one year. The Town shall give the commercial
operator five (5) days' written notice of the effective date of the revocation.
If the commercial operator contests a violation of this Chapter, the
commercial operator shall, within two (2) days of receipt of the written
notice, request a meeting with the Town Manager, and the revocation shall
not take effect until the Town Manager or designee has met with the
commercial operator and given the commercial operator the opportunity to
be heard. At the conclusion of the meeting, the Town Manager or designee
shall determine, in their reasonable discretion, whether revocation is
appropriate. Commercial operators whose operating privileges have been
revoked shall be denied access to Town roadways.
(C) Notwithstanding any other provision herein, the Town Manager or
designee may summarily suspend, without prior notice, the operating
privileges of a commercial operator, if the Town Manager or designee has
reasonable grounds to relieve that the public health, safety, or welfare
requires such emergency suspension.
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 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.
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Section 3. 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 4. 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 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of May, 2023 and a
public hearing for second reading of this Ordinance set for the 16th day of May, 2023, in
the Council Chambers of the. Va' ilding, Vail, Colora .o
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ATTEST: �
St�nie ns, own Cle
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READ AND APPROVED ON
PUBLISHED this 16th day of May, 2023.
ATTEST:
ephlai e Bibbens, Town Clerk
D READING AND ORDERED
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