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HomeMy WebLinkAbout1976-20 Establishment of Finance, Police Department, Administrative Services, Community Development, Library, Public Works/ ; ORDINANCE NO. ~~~ Series of 1976 AN ORDINANCE REENACTING CERTAIN PROVISIONS ' OF THE TOWN CODE OF VAIL; PROVIDING A ~ GENERAL PENALTY CLAUSE FOR VIOLATIONS OF THE TOWN CODE; PROVIDING FOR THE ESTABLISH- ` MENT OF THE DEPARTMENT OF FINANCE AND THE OFFICE OF DIRECTOR OF FINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE POLICE DEPART-~ MENT; PROVIDING FOR THE ESTABLISHMENT AND OPERATION OF A MUNICIPAL COURT; PROVIDING FOR CERTAIN DEPARTMENTS, INCLUDING ADMIN- ISTRATIVE SERVICES, COMMUNITY DEVELOPMENT, HUMAN RESOURCES, LIBRARY, AND PUBLIC WORKS; PROVIDING PROCEDURES FOR THE IMPOUNDMENT AND DISPOSAL OF MOTOR VEHICLES; AND DECLARING AN EMERGENCY THEREFOR WHEREAS, the Town Council of the Town of Vail, Colorado, is in the process of recodifying its ordinances of a general and permanent nature; and WHEREAS, it is necessary to provide for certain provisions of the Town Code of Vail prior to codification thereof; and WHEREAS, the Town Council desires to enact those provisions of the Town Code necessary for its completion; NOW, THEREFORE, BE IT ORDAINED BY THE TOYnTrd COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 1-1-7 and 1-1--8 of Chapter 1 of Title I of the Town Code of Vail are hereby enacted to read as follows: 1-1-7. General Penalty. Whenever in this Code or any other ordinance of the Town hereafter enacted or any section of a rule or regu- lation promulgated under the provisions of this Code, any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor or the doing of any act is required, or the failure to do any act is declared to be unlawful, or an offense or misdemeanor, where no specific penalty is provided therefor, any person who is convicted of the violation .~ M ~ • of any such provision of this Code ar other ordinance of the Town hereafter enacted or of such rules ar regulations shall be punished by a fine of not mare than three hundred dollars, or by imprisonment in jail not exceeding ninety days or by both such fine and imprisonment. 1-1-8. Separate Offenses. Every day any violation of this Code or any other ordinance of the Town hereafter enacted or any rule or regulation promulgated under the provisions of this Code con- stitutes a separate offense. Section 2. Chapter 2 entitled "Rules of Construct- ion" to Title I, of the Town Code of the Town of Vail is hereby enacted to read as follows: CHAPTER 2 RULES OF CONSTRUCTION 1-2-1. General. Words and phrases shall be construed and understood according to the common and approved usage of the language, except that technical words and phrases having a peculiar and appropriate meaning in law shall be construed and understood according to their technical impart. 1-2-2. Masculine, Feminine or Neuter. Unless the context clearly requires otherwise, the use of either masculine, feminine or neuter gender shall include the other genders. 1-2-3. Singular or Plural. Unless the context clearly requires otherwise, the singular number includes the plural, and the plural includes the singular. 1-2-4. Past, Present or Future. ~., Unless the context requires otherwise, the use of either past, present, or future tense shall include the other tenses. _~- ," ;. ;~ i 1-2-5. Computation of time. _. i The time within which an act shall be done shall be com-- puted by excluding the first and including the last day. If the last day is a Sunday or legal holiday, such day shall be excluded. 1-2-6. Filing at Town Offices. Whenever this Code requires filing with, payment to, or notification of any certain Town Official or department, the requirement shall be satisfied by filing, payment or notifi- cation at the regular office of such Town official or department during business hours on any business day. 1-2-7. Conjunctions. The words "or" and "and" may be read interchangeably in situations where the context requires it. 1-2-8. Catch Lines. The bold print catch lines of the various sections of the Town Cade of Vail are intended to indicate the contents of the section for the convenience of the reader, but shall not be construed as a part of the section. 1-2--9. Repeal Shall Not Revive Any Ordinance. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. 1-2-10. Liberal Construction. All provisions, terms, phrases and expressions contained in the Town Code of Vail shall be liberally construed with a view to effect their objects and to promote justice. 1-2-11. Discretionary Powers. Whenever in this Code or in any code adopted herein it is provided that anything must be done to the approval or permis- lion of or subject to the direction of, any administrative officer or employee of the Town, this shall be construed to -- 3- r • 3 • give such officer or employee only the discretion of deter- mining whether the rules and standards established by this Cade or by any code adopted herein have been complied with; and no such provision shall. be construed as giving any admin- istrative officer or employee discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by this Code or by any code adopted herein or to enforce the provisions thereof in an arbitrary or discriminatory manner. Section 3. Chapter 3, entitled "Definitions", to Title Z, of the Town Cade of the Town of Vail. is hereby enacted to read as follows: CHAPTER 3 DEFINITIONS C 1-3-1. Certain Terms Defined. As used in this Code, unless the particular context shall clearly require some other meaning, the fallowing words shall mean: (a) Code. "The Town Code" or "Code", unless it shall be otherwise expressed, shall mean the Town Code of Vail, Colorado. {b) May. "May" is permissive. (c} Month. "Month" means a calendar month. (d) Must. "Must" and "shall" are mandatory. (e) Occupant. "Occupant" shall mean any person who occupies the whole or any part of a building or land, either along or with others. -4- ~ ~ • ,~ {f) Owner. "Owner" applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of t` a part of such building or land. (g) Person. "Person" shall include any individual, cor- poration, firm, partnership, association, organization or other group acting as a unit. It also includes any executor, administrator, trustee, receiver or other representative appointed by law. Whenever the word "person" is used in any section prescribing a penalty or fine, it shall include the partners or members of any partnership or corporation, and, as to corporations, the officers, agents or members thereof who are responsible for the violation. {h) Precedinq, Following. "Preceding" and "following" shall mean next before and next after, respectively. {i) Property. "Property" shall include tangible or intangible, real, personal or mixed property. (j) Public Way. "Public way" shall include any street, alley, boulevard, parkway, highway, sidewalk, bike path, or other public thoroughfare. {k) Sidewalk. "Sidewalk" shall mean that portion of the street between the curbline and the adjacent property line, intended for the use of pedestrians. {1) State. "State" shall mean the State of Colorado. -5- -. Y ~r` (m) Street. "Street" shall include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare. Each of said words shall include the others, and if the context permits, shall also include "sidewalks". (n) Tenant. "Tenant" shall mean any person who occupies the whale or any part of a building or land, either alone or with others. (o} Town. "Town" shall mean the Town of Vail, Colorado, or the area within the territorial limits of the Town of Vail, Colorado, and such territory outside of the Town over which the Town has jurisdiction by virtue of any constitutional or statutory provision. (p} Year. "Year" means a calendar year. c i--3--2. Other Definitions. Certain Chapters of this Code contain other definitions applicable particularly to such Chapters. In case of any conflict between the definitions in Sections 1-3--1 and such other definitions, the other definitions shall prevail in the Chapters where applicable. 1-3-3. Required Acts Performed by Agents. When an act is required by this Code the same being such that it may be done as well by .an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent. -6-- A r__ i '• Section 4. Ordinance No. 2 (Series of 1966) establishing the office of Town Treasurer is hereby repealed. Section 5. Chapter 4 entitled "Finances" of Title II of ~_ the Town Code of the Town of Vail is hereby enacted to read as follows: 2-4-1. Fiscal Year. CHAPTER 4 FINANCES The fiscal year of the Town of Vail shall commence on the first clay of January and end on the last day of December of each year. 2-4-2. Rate of Tax Levy. The Town Council shall by ordinance fix the rate of tax to be levied upon all the taxable property within the Town for municipal purposes and, through the Town Clerk, shall officially certify the said levy to the County Commissioners of Eagle County as may be required by law. 2-4-3. Creation of Department of Finance. The Department of Finance of the Tawn of Vail is hereby created and shall be under the direction of the Director of Finance, who shall be appointed by the Town Manager on the basis of his experience and ability in financial matters. 2--4-4. Function and Duties of the Director of Finance. The function and duties of the Director of Finance shall be as follows: (a} The Director of Finance shall have the custody of all monies of the Town of Vail and all evidence of indebtedness belonging to the Town of Vail or held in trust by the Town of Vail. (b) The Director of Finance shall collect all monies of the Town of Vail, the collection of which is -7- • • • not provided for elsewhere by this Code. He shall receive from other officers and employees o£ the Town of Vail all money belonging to and received by the Town of Vail and money which may be collected by such officer and employee, industry fines, license fees, taxes, assessments, and all othex charges. All money shall be turned over to the i~irector of Finance after collection or receipt. {c) The Director of Finance shall keep and deposit all money or funds in such manner and only in such places as the Town Council may determine and shall report the same in detail to the Town Manager. (d) The Director of Finance shall disburse all Town funds in accordance with the provisions of statute, Town ordinance, and procedures established by the Town Council. {e} The Director of Finance shall perform such other duties as may be prescribed for him by ordinance, by the Town Council or by the Town Manager. -Section G. Chapter-5 entitled, "Police Department" of Title II of the Town Code of the Town of Vail is hereby enacted to read as follows: CHAPTER 5 POLICE DEPARTMENT 2-5-1. Creation; Composition. There is hereby created a Police Department for the Town of Vail which shall consist of the Chief of Police and as many police deputies as may from time to time be deemed necessary for the safety and good order of the Town. -8- • ,• 2-5--2. Appointment of Chief of Police. The Chief of Police shall be appointed by the Town Manager. r 2-5-3. Powers and Duties of the Chief. The Chief of Police shall perform the following duties: (a) See that the ordinances of the Town are duly enforced and the rules and regulations of the Police Department obeyed, and to perform such duties as may be required by the Town Council. (b) Direct the operations of the Police Department, subject to the rules and regulations thereof. (c) Arrest any person violating any of the Town ordinances and take such violator before the municipal court for trial. -~ (d) Take charge of the Town jail and all prisoners ~ confined therein, and all those who are sentenced to labor on the streets or public works of the Town, and see that orders and sentences with reference to such are fully executed and complied with. 2--5-4. Rules and Regulations. The Chief of the Police Department may make or prescribe such rules and regulations as he shall deem advisable. Such rules and regulations may cover the conduct of the members, uniforms and equipment to be worn or carried, assignments, hours of service, and all other similar matters necessary or desirable for the better efficiency of the Department. _g~ c f'J~ - t (• 2-5-5. Duties. It shall be the duties of the members of the Police Department to enforce all the laws of the Town and all statutes of the State of Calorado applicable thereto, to preserve order and prevent infractions of the law and arrest violators thereof, to serve and execute any process directed to the Chief of Police, and to perform any police service which the Chief of Police might lawfully do. 2-5-6. Special Police; Appointment; Powers. The Town Manager may, upon any emergency, riot, pestilence, t invasion, or at any time he sha11 deem it necessary for the peace, good order or health of the Town, order the Chief of Police to appoint Reserve Policemen. He may also order the Chief of Police to appoint such number of Reserve Policemen to serve upon days of election, public celebration and holidays, and said Reserve Policemen shall have and possess all powers and privileges of regular policemen during the time for which they may be appointed. Section 7. Chapter 7 entitled "Municipal Court" of Title II of the Town Code of the Town of Vail is hereby enacted to read as follows: CHAPTER 7 MUNICIPAL COURT 2--7-1. Established; Operation of Municipal Court, Implemented by Resolutions. (a) The Municipal Court in and for the Town of Vail, c State of Colorado, created by Article VII, Section 7.2, of the Charter of the Town of Vail, Colorado, is established as a non-record municipal court. -la- ~ -- • t • (b} The operation of the Municipal Court shall be governed by Title 13, Article 10, Colorado Revised Statutes 1973, as amended, which is incorporated by reference herein ~- r and made a part hereof, excluding any provision or portion thereof in said statute which is inconsistent with an applicable provision of the Charter, the Code, or any ordinance of the Town. (c) The operation of the Municipal Court shall be implemented by the Town Council through its adoption of resolutions. 2-7-2. Jurisdiction, Powers and Procedures of Court. The municipal court shall have original jurisdiction of all cases arising under the Code and other ordinances of the Town with full power to punish violators thereof by the imposition of such fines and penalties as are prescribed by ordinance or court rule. The procedures of the court shall be in accordance with the Municipal Court Rules of Procedure as promulgated by the Colorado Supreme Court. 2-7-3. Sessions of Court. There shall be regular sessions of the_court for the trial of cases, provided that the municipal judge session of court at any time. All sessions the public except where the nature of the c would be in the best interest of justice to directly connected with the proceeding the may order that the courtroom be cleared. 2-7-4. Municipal Judges Generally. may hold a special shall be open to ~.se is such that it exclude persons not municipal judge (a) The court shall be presided over by a municipal judge appointed for a term of two (2) years by resolution of the Town Council. Additional judges may be appointed as may be needed to transact the business of the court. -11- ~ ~~• - ~~ {b) The compensation of the judge shall be an annual salary in an amount set by the Town Council and shall be pay- able as other salaries to municipal employees. r a {c) Before entering upon the duties of his office, a municipal judge shall make an oath or affirmation that he will support the Constitution of the United States and the Consti- tution of the State of Colorado and the Charter and the laws of the Town and faithfully perform the duties of his office. {d) In addition to other powers, a municipal judge shall have full power and authority to make and adopt rules and regulations for conducting the business of the municipal court, consistent with the Municipal Court Rules of Procedure promulgated by the Colorado Supreme Court. 2-7-5. Clerk of Municipal Court. {a) There is hereby created the position of Clerk of the Municipal Court. The Clerk of the Municipal Court shall be appointed by the presiding municipal judge and shall have such duties as are delegated to said person by law, court rule, or the presiding municipal judge. {b) The Town Manager shall determine the salary of the Clerk of the Municipal Court. (c) A11 fines, costs, and other funds collected or received by the Municipal Court shall be reported and paid monthly by the Clerk to the Finance Director of the Town in accordance with his directions, said monthly report and funds to be submitted {d) The p~ Municipal Court ~ C.R.S. 1973, as to employees of on or about the last day of each month. ~rformance bond to be given by the Clerk of the to the Town of...Vail pursuant to Section 13-10-109, amended, shall be satisfied by the bond applicable the Town of Vail, provided that the Clerk is within the purview of said bond. -12-- r i ~ 1 Section 8. Ordinance No. 4 (Series of 1966) concerning the position of police magistrate, and Ordinance No. 29 {Series of 1974) concerning the municipal Court, are hereby repealed. i ~ Section 9. Chapter 8 entitled "Other Departments" of- Title TI of the Town Code of the Town of Vail is hereby enacted to read as follows: 2-8-1. Administrative Departments Established. In accordance with the Charter of the Taman, the following administrative departments for the Town including those above specified are hereby established: (a) Administrative Services; (b) Community Development; {c) Human Resources; (d) Library; and (e) Public Works 2-8-2. Functions and authority. The Town Manager shall determine and direct the operation and function of each administrative department including the employment of the heads of said departments. Section 10. Ordinance No. 2 (Series of 1968) is hereby amended by the addition of the following sections which shall read as follows: 9-3-5. Notice of Impoundment. Whenever the police officer or any other employee of the Town of Vail so authorized removes the. vehicle and causes it to be impounded as authorized by law and the officer or„other employee knows or is able to ascertain from the registration, or other records in the vehicle or otherwise, the name of the owner and address of the owner thereof, such officer or employee ~. shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, the reason therefor, and the place to which such vehicle has been removed. -13- . ~ ~ i ~~. £_ 9-3-6. Identification. Whenever an officer or employee of the Town of Vail. removes a vehicle from a public way and does not know or is not able to ascertain the name of the owner thereof or for any other reason is unable to give the notice to the owner as hereinbefore provided and in the event the vehicle is not returned to the owner within a period of three (3) days, the Town Manager shall immediately send or cause to be sent a written report of such removal by mail to the State Department whose duty it is to register motor vehicles. Such notice shall include a complete description of the vehicle, the date, time and place of removal, the reasons for such removal, and the name of the garage or other place where the vehicle is stored with a request that the owner of the vehicle be notified immediately. 9-3-7. Disposal. Whenever, pursuant to the terms of this section, a vehicle ~ has been impounded by the Town for a period of thirty (30) days and no claim of ownership or the right to possession thereof has been made, or when such claim has been made but not estab- lished to the satisfaction of the Town Manager, and no suit or action to determine such claim has been instituted, the Town Manager may dispose of such vehicle in the following manner: The Town Manager shall cause written notice to be given to all persons known by him to claim an interest in the vehicle. Such notice shall be given by delivering in person, or by registered mail, addressed to the last known address of the business or residence of the person to be notified: The notice shall contain: (a} an itemized statement of the amount ~ due to the Town of Vail for removal of and storage of the vehicle showing the amount due at the time of notice, (b) a description of the vehicle, (c) a demand that the amount due the Town of Vail as stated in the notice and such further claims as shall accrue shall be paid and the right to the possession of the --14- w • (x- vehicle be established to the satisfaction of the Town • Manager on or before a date mentioned, being not less than ten (10} days from the delivery of the notice if it is personally delivered or from the date of registration of the letter, and statement that unless the amount so due the Town of Vail is paid and the right to the possession of the vehicle is estab- lished to the satisfaction of the Town Manager within the time specified the vehicle will be advertised for sale and sold by auction at a specified time and place. 9-3-$. Auction. In accordance with the terms of the notice so given, a sale of the vehicle by auction may be had to satisfy the claim of the Town of Vail for the storage and removal of the vehicle and to discharge the Town of Vail from further responsibility in connection with the vehicle and from any duty to further retain or store the same. The sale shall be held at the place where the vehicle is stored or impounded or if such is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the paymentof the claim and the establishment to the satisfaction of the Town Manager of the right to possession of the vehicle has elapsed and notice was given as required, an ' advertisement of the sale describing the vehicle to be sold and stating the names of all persons known by the Town Manager to claim an interest in the vehicle, if any, and the time and place of the sale shall be published once a week for two (2) consecutive weeks in a newspaper published in Eagle County, Colorado. The sale shal-1 be had not less than fifteen (15) days from the date of the first publication. 9-3-9. Proceeds of Sale. From the proceeds of such sale the Town Manager shall satisfy the claim of the Town of Vail for such charges for removal and storage of the vehicle, and far the reasonable charges or expenses for or of such notice, advertising and sale. The balance, if any, -15- . -• '_ F of the proceeds will be paid into the Treasury of the Town of Vail and appropriated to the General Fund. No claim for refund shall be made by any person entitled to the same except such claim is made within one (1} year from the date of any sale resulting in the payment of any such proceeds into the Treasury. Such claim for refund shall be made to the Town Manager who shall make a thorough examination of the claim so made. The failure on the part of any person so to request the initiation of a refund to him within one (1} year from the date of sale shall be conclusive of the fact that he has no meritorious claim far such refund within the set period of one {1} year from the date of sale he shall not thereafter commence any action, suit or proceeding whatsoever to obtain the same and the Town of Vail shall be under no liability to him whatsoever by reason of said sale of the payment of any part of the proceeds of said sale or the entire proceeds of the said sale in the Treasury of the Town of Vail. 9-3-10. Sale to Town. When any vehicle is offered for sale at auction pursuant to the terms. of this section and there is no bid or offered bid for the same, the Town Manager shall declare the same to be sold to the Town of Vail far the amount of the charges for the removal and storage of such vehicle and the charges and expenses of notice, advertisement, and sale, and shall place the said vehicle in the custody of such department of the Town of Vail as he in his sole discretion, may determine for the sole benefit and use of the Town of Vail. 9-3-11. No Riqht of Redemption. There shall be no right of redemption from any sale made pursuant to the terms of this section and after a vehicle has been sold pursuant to such terms neither the Town of Vail nor -16- ^ • 4 any officer, agent, or employee thereof shall be liable for failure to deliver such vehicle to anyone tither than the purchaser or purchasers at such sale. .Y Section 11. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be in- valid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council of the Town of Vail hereby declares that it would have passed such ordinance, and each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12. Safety Clause. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper to provide for the public health, safety, welfare and prosperity of the Town of Vail and the inhabitants thereof. Section 13. The Town Council is of the opinion that this ordin ante is necessary for the completion of codification of the Town's ordinances by October, 1976, and if there are further delays, the codification will not be completed as re- quired by the Tawn; and because of the importance of the pro- visions of this ordinance and the necessity for removing any question as to the functioning of the Town government and various departments thereof, the Town Council is of the view that an emergency exists, and that the provisions of this ordinance should take effect upon passage hereof. INTRODUCED, READ AS AN EMERGENCY ORDINANCE, APPROVED, ADOPTED AND ENACTED TO TAKE EFFECT UPON FINAL PASSAGE ON THIS -17-~ Y _-~ . ~ ~' ~' i. t DATE AND ORDERED PUBLTSHED ONCE TN FULL WTTHTN TEN DAYS AFTER PASSAGE OR AS SOON AS POSSTBLE THEREAFTER this ~~ .day of ~.1. Sri CC.~'~" 19 7 6 . ~. TOWN OF VATL B Mayor ATTEST: Town Clerk -18-