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HomeMy WebLinkAbout2023-21 An Ordinance Amending Chapter 4 of Title 1 of the Vail Town Code by the Addition of a New Section 1-4-6, to Allow for Penalty Assessments for Code Violations11/9/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC0BB6A1\@BCL@BC0BB6A1.DOCX ORDINANCE NO. 21 SERIES 2023 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 1-4-6, TO ALLOW FOR PENALTY ASSESSMENTS FOR CODE VIOLATIONS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4 of Title 1 of the Vail Town Code is amended by the addition of a new Section 1-4-6, to read as follows: § 1-4-6: PENALTY ASSESSMENT: (A)Applicability. A penalty assessment notice may be issued for any offense under this Code. For traffic infractions, the provisions of Article 2A of Chapter 7 of this Code shall apply in lieu of this Section. (B)Notice. The penalty assessment notice shall be indicated on the summons and complaint and shall include the fine amount. If the alleged offender issued a penalty assessment notice hereunder chooses to acknowledge their guilt, they may pay the specified fine online, in person, or by mail at the Municipal Court within the time specified in the notice. If they choose not to acknowledge their guilt and pay the applicable fine, they shall appear as required in the summons and complaint. (C)Fine schedule. 1. The following fines shall apply to penalty assessments other than those specifically listed below: a. First offense: $100; b. Second offense: $500; c. Third offense: $1,000; and d. Fourth and all subsequent offenses: $2,500. 2. For deceptive use of a ski facility, the fine shall be $500 for the first offense, and for any subsequent offense, penalty assessment shall be unavailable. 3. For any bear-related violation, the fine shall be $1,000 for the first offense, and for any subsequent offense, penalty assessment shall be unavailable. For purposes of this subsection, "bear-related violation" includes: non-approved bear resistant/proof garbage and 2 11/9/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC0BB6A1\@BCL@BC0BB6A1.DOCX recycling containers; improper recycling; feeding wildlife; dawn to dusk residential violation; multi-family housing-residential refuge disposal; garbage/recycling container not secure; garbage/recycling container repair; and address missing from garbage/recycling container. 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 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 17th day of October, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of November, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 3 11/9/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC0BB6A1\@BCL@BC0BB6A1.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of November, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk