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HomeMy WebLinkAbout1979-14 To Approve, Adopt, Enact, and to Make Full Force in Effect in the Town of Vail a Supplement to the Vail Municipal Code Containing the General and Permanent Ordinances Subsequent to Ordinance No. 23~~ ~ • • • ORDINANCE NO. Series of 1979 AN ORDINANCE TO APPROVE, ADOPT, ' ENACT AND TO MAKE FULL FORCE IN EFFECT IN THE TOWN OF VAIL, COLORADO, BY REFERENCE THERETO, i A SUPPLEMENT TO THE VAIL MUNICIPAL CODE, CONTAINING THE GENERAL AND PERMANENT ORDINANES SUBSEQUENT mn ORDINANCE NO. 23, SERIES OF 197'9, TO AND INCLUDING ORDINANCE NO. 28, SERIES OF 1978; SPECIFYING THE PENALTY SECTIONS; EFFECTIVE DATE; AND, OTHER DETAILS RELATING TO THE FOREGOING WHERAS, the Colorado General Assembly has provided for the codification of the permanent and general ordinances of the Town of Vail in C.R.S. 31-16-201 through 31-16-208 (1973, as amended); WHEREAS, the Book Publishing Company, Seattle, Wash- ington, has compiled, edited, and published a supplement to the Vail Municipal Code; WHEREAS, the Vail Municipal Code was adopted June 7, 1977, by Ordinance No. 12, Series of 1977, codifying the general and permanent ordinances of the Town of Vail; WHEREAS, this adopting ordinance for the 1978 Supple- ment to the Vail Municipal Code was introduced on April 17,1979, and passed on first reading; WHEREAS, notice for a public hearing was twice pub- lished in accordance with C.R.S. 31-16-203 (1973, as amended); WHEREAS, said public hearing was held on May 15, 1979; and WHEREAS„ there have been filed and there are now on file in the office of the Town Clerk for public inspection, three copies of the 1978 Supplement to the Vail Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Adoption. Pursuant to the provisions of C.R.S. 31-16-201 through 31-16-208 (1973, as amended), there is hereby adopted the 1978 • • Ord. Page 2 Supplement to the Vail Municipal Code, as published by Book Publishing Company, Seattle, Washington. Section 2. Secondary Codes Adopted by Reference. There are no secondary codes adopted by this supple- ment. Section 3. Title - Citation - Reference. This Supplement shall become part of the Vail Munici- pal Code, and it shall be sufficient to refer to said code in its entirety as the "Vail Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordi- nance adding to, amending, correcting, or repealing all or any portion thereof as an addition to, amendment to, correction or repeal of the "Vail Municipal Code". Further reference may be had to the titles, chapters, sections, and sub-sections of the "Vail Municipal Code" and such reference shall apply to that number, title, chapter, section or sub-section as it appears in the Code. Section 4. Ordinances Codified by Supplement. The general and permanent ordinances of the Town sub- sequent to Ordinance No. 23, Series of 1977, to and including Ordinances No. 23, Series of 1978, are hereby included as part of the "Vail Municipal Code." Section 5. Codification Authority. This Supplement is codified pursuant to the provisions of C.R.S. 31-16-201 through 13-16-208 (1973, as amended). Section 6. Reference Applies to all Amendments.' Whenever a reference is made herein to the "Vail Municipal Code" or to any portion thereof, or to any ordinance of the Town of Vail, Colorado, the reference shall apply to all amendments, corrections and additions thereto, now or hereafter made. ORD. Page 3 • Section 7. Title, Chapter and Section Headings. Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title chapter or section thereof. Section £3. Reference to Specific Ordin~:~nces. The provisions of the code,shall not in any manner affect matters of record which refer to, or are otherwise con- nected with ordinances which are therein specifically designated by number or otherwise which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained in the code. Section 9. Effect of Sup~,~lement1on Past Actions and Obligations. Neither the adoption of this Supplement nor the repeal nor the amendments hereby of_ any ordinance or part or portion of arty ordinance of the Town of Vail shall in any manner affect i_he prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as a waiver of any license, fee, penalty, at said effec- tive date due and unpaid under such ordinances, nor be construed as affecting any of tho provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordi- nance and all rights and obligations thereunder appertaining shall continue in full force and effect. Further, the adot~tion of this ordinance shall not affect or impair or be applicable to: (a) any preceding suit, or legal action presently pending; (b) any special ordinance, resolution or motion heretofore passed, adopted and made validating, ratifying or legalizing the acts or omissions of. any officer or validating any ordinance, act or proceeding whatever; and a1.1. validating and legalizing acts of and by the Town Council cahat.soever_ and now i.n force ~~re liE:~rcby conL-inued in .force; (c) any ordinance relat=.ing to the public debt or the. public credit or ary annexation of territory; ' y~cl • _-__._.__.. . ill y c~ ~1 (d) any ordinance relatir~y to a contract to which the Town of. Vail, Colorado, is a party or to any contract made for its benefits; (e) any ordinance, resolution or motion making appropriation of public funds; (f) any ordinance, levying a special be~iefit assess- ment or creating a lien and debt against any property situate within the Town of Vail, Colorado, and im~~roved by the opening, widening, extension or paving of any street or public thorough- fare within the Town and/or the installation of clutters, curbs, curbwalks or sidewalks along said street o.r thor_oughfare, and/or the installation, construction of utilities or other similar type improvements; (g) any ordinance or resolution gr.anti_nq any franchise, license, right or revocable permit to any person, firm or corpor- ation, which franchise, license, right or revocable permit was legally in force and effect on the effective date of this ordi- nance; it being the express intent and purpose of the Town Council that every such franchise, license, right or revocable permit shall expire as originally provided by the ordinance granting the same unless sooner terminated by the Council acting under and pursuant to the ordinances and charter. of the Town of Vail, or the terms and conditions set forth in the ordinance or resolution making the grant; (h) any ordinance or resolution promising or guaranteeing the payment of money by the Z'own or authorizing thc~ issuance and sale of general obligation or revenue bonds by the Town; (i) any administrative ordinance or resolution of the Town not in conflict or inconsistent with the provisions of: the Vail 1`?unicipal Code ; (j) any ordinance pr_o~~iding for and making the annual tax levy in and for the Town of Vai]_, Colorado, or ordinance adopt-- ing the budget for the To~a-n or making the ~~n.nual apt~ropriation; (k) any ordinance or resolut.i.on e::~tab1_ishing land use zoning districts in thc~ Town, adopting a rn~~i~ of zoning districts, . ~] ~ ___ • ~de 5 providing for adjusL-ment, enforcement and zmendment thereof; or, any ordinance approving a subdivision of land within the Town or annexation to the Town; (1) any ordinance, resolution or motion naming, renaming, opening, accepting or vacating streets, alleys, or rights-of-way in the Town; (m) any ordinance relating to the sale or purcYzase of real property or personal property or relating to the vaca- tion or release of rights in real property, or any o.r_dinance providing for rights in real or personal property, or any ord fi- nance designating the purpose for which land is to be used, or any ordinance relating to any ocher such sizzlilar matter. Section 10. Violations and Punishment. It shall be unlawful for. any person to vi_clate any pr_o- vision or to fail to comply with any of the requirements of this Supplement. Any person who shall vio:Late any provisions of this Supplement shall be punishab]_e by a fine of not more i;han $300 or by imprisonment for a period of not more t}~an ninet1~ (90) days or by both such fine and imprisonment. 11ny such person shall be guilty of a separate offense for each and ever~~ day ciuri.ng any portion of which in violation of any provision of this Supplement is committed, continued, or. permitted by such person and shall be punished accordingly. In addition to the penalty hereina.bove provided, in a condition caused oi: permitted to exist in violation of any of the provisions of this Supplc~rnont sha]1 be deemed a public nuisance and may be, by this Town surruz~arily abated as such, and each day that such condition continues steal]. be regarded as a new and separate offense. Section 11. hena]_ty Sections of the_ Slzpple111CI1t. The following sections of the SuppleiY~ent adopted by this ordinance arc penalty sections, :;aid penalty sections are hereinafter set forth in full and re-enacted according to C.R.S. 31-1G-204 (1973, as amended): Or~ • Page 6~ 5.16.310 Violations-Penalty. A compliant may be filed in the municipal court for the town charging a violation of this chapter. Upon conviction thereof, the contractor, agent or representative therefor may be punished by a fine of not more than three hundred dollars or imprisonment of not more than ninety days or both such fine and imprisonment. Each day such violation to continue constitutes a separate offense and shall be punishable as such under this chapter. 6.04.340 Violaiton-Penalty. A. A dog owner found violating any provison of this chapter shall be guilty of a mis- demeanor and, upon conviction thereof, shall be punished for such offense by imprison- ment for not more than ninety days or by a fine of not more than three hundred dollars or by both such imprisonment and fine. B. Every person convicted of a violation of _ Section 6.04.190, 6.04.200, 6.04.201, and 6.04.300 shall have a minimum fine, none of which can be suspended, imposed against him according to the following schedule First conviction $15.00 Second conviction 25.00 Third and each subsequent conviction 50.00 In applying such schedule, the municipal court shall consider the following: 1. The fines designated in this sub- section are minimum fines, and the court may impose a greater amount up to and including the maximum. 2. The date when the actual violation occurred will control, regardless of the date of the conviction. 3. The record of the violator for two years prior to the date of the current violation shall be considered. 10.04.130 Violation-Penalty. It is unlawful for any person to violate any of the provisions of the Municipal Traffic Code as adopted and amended in this chapter or of any provision of this chapter and any such violation shall be punishable as provided in this chapter. Every person convicted of a violation of any provision of the Municipal Traffic Code or of any provision of this chapter shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment. ., , • • • • Or Page 7 15.04.310 Violations and penalties. The violations and penalties therefor are specified in Section 205 of the Uniform Building Code, 1976 edition and read as follows: "It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or~demolish, equip, use, occupy or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm or corporation violating any of the provisions of this Code shall be deemed quilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $300 or by imprisonment for not more than 90 days, or by both such fine and imprisonment." Section 12. Effective Date. This 1978 Supplement shall become effective on the effective date of the ordinance adopting this 1978 Supplement in accordance with the provisions of the charter of the Town of Vail, Colorado. Section 13. Severability. If any section, sub-section, sentence, clause, or phrase of this ordinance or Supplement is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or Supplement. The Town Council hereby declares that it would have passed the same, any section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases had been declared invalid or uncon- stitutional, and if for any reason this ordinance or Supplement should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. The Town Council finds, determine, and declares that this ordinance is necessary for the public health, safety and welfare. --~ -: s r ~ Ord. page 8 INTRODUCED, READ AND PASSED ON FIRST READING this 17th day of April, 1979, and a public hearing shall be held on this ordinance on the 15th day of May, 1979, at 7:30 P.M. in the Council Chambers, Municipal Building, Vail, Colorado. Ordered published twice April 20, 1979 and April 28, 1979. e~ Mayor / '' , ATTEST ~.~. f TOWN CL);RK ` L IiJTRODUCED, READ AiJD PASSED ON SECOPJD READING THIS 15th DAY OF MAY, 1979 AND ORDERED PUBLISHED BY TITLE ONLY. G ATTEST: ~ MAYOR / .~% ~ v r~ /,~ c 1 ~~' ~~_ TJWN CLERK 4 Y