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2002-12~ . • ORDINANCE NO.12 SERIES OF 2002 AN ORDINANCE AMENDING THE TOWN CODE, TITLE 7, CHAPTER 3, AUTHORIZING THE TOWN OF VAIL TO CONTRACT FOR TOWING, STORAGE AND/OR SALE OF ABANDONED VEHICLES; AMENDING SECTION 7-3A~3 TO ALLOW FOR CORRECTIONS TO STATUTORY REFERENCE; AND SETTING FORTH DETAiL IN REGARD THERETO. WHEREAS, Title 7, Chapter 3, of the Vail Town Code provides procedures for removal, storage and disposal of abandoned vehicles within the Town of Vail; and WHEREAS, the Town expends an inordinate amount of time and resources complying with procedures regarding removal, storage and disposal of abandoned vehicles within the Town of Vail; and WHEREAS, it is the desire of the Town Council to authorize the Town to contract for removal, storage and disposal of abandoned vehicles within the Town of Vail in accordance with C.R.S. § 42-4-1814, as amended; and WHEREAS, Section 7-3A-3 of The Vail Town Code pravides an erroneous citation to the Colorado Revised Statutes; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety and welfare to adopt these amendments to the Town Code. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN Op' VAIL, COLORADO THAT: {Text that is to be deleted is st=:€~an, text that is to be added is underlined). Section 1'. Section 7-3A-3 of the Vail Town Code is amended as follows: 7-3A-3: IMPOUNDMENT AUTHORIZED: Whenever any police officer finds a vehicle, attended or unattended, standing upon any portion of a street or upon any place within this Municipality in such a manner as to constitute a violation of any section of this Article, or left unattended for a period of twenty four (24} hours or more and presumed to be abandoned under the conditions prescribed by Colorado Revised Statutes section 12 '~ 113 42-4-18Q2, as amended, the officer shall require the vehicle to be removed and placed in storage in the nearest garage or other place of safety designated or maintained by this Municipality, and the charges Ordinance No. 12, Series of 2002 • • • for towing and storage of such vehicle shall be charged to the owner of the vehicle in addition to a ten dollar ($10.00} impounding charge. Section 2. Section 14 is added to Title 7, Chapter 3, of the Vail Town Code to read as follows: 7-3A-14: RIGHT TO CONTRACT: Notwithstanding the procedures set out in Sections 7-3A-3 thrau~h 7-3A-S of this Chapter 3, the Town, at its discretion, may forego said procedures and execute a contract or contracts for the removal, storage andlor disposal of abandoned motor vehicles in accordance with C.R.S. iZ 42-4-1814, as amended. Section 3. 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 ar phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5. The repeal or the repeal arxd reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings as commenced under ar by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 12, Series of 2002 ~ s • Section 6. 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 az~y bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, ANI7 ORDERED PUBLISHED ONCE IN k'ULL ON FIRST READING this 4th day of June, 2002 and a public hearing shall be held on this Ordinance on the 18th day of June, 2002, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTES /~-- ( ~ ~elei~7onald,son, Town Clerk .~ .O Ludwig Kur~Iayor ~~~! ~~ ~~~l~s~~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this/~~,clay of Qi., _ e , 2002 Q Ludwig Kurz 1 layor A 1 1 r/ST: relei onaldson, Town Clerk ~~~~~ ~ ~" k jaja -~ ~i0 ~~L~R~~ Ordinance No. 12, Series of 2002 ~~ STATB OF COLORADO COUNTY OF EAGLI= 327 PROOF OF PUBLICATION SS. WHEREAS, Title ~~, Chapter 3, of the Vail Town Gode provides procedures for .removal, 5#orage and disposal of abandoned vehicles within the Town of Vail; and WHEREAS, the Town expetids an inordinate ~F amount ofaima and resources cdmplying with pro= cedures regarding remdval, storage ahd disposal of abandoned vehicles within the Town ei Vail; and" WHEREAS, it is the desire. of rho Town Council to authorize the Town to contract for removal, stordye and disposal bf abandonetl. vehiCles..within the Town of Vall in accdrdance with C:R.S. -§-. 42-4- 1814, as amended; and - Ordlnanlce No. ~2,'Series of 2002 ; ~_ - ORDINANCE`N key.: SERIES OF ~Z AN OR4INANCp AMENDING'i'H OWN'COpE; TITLE 7; ~ ~ CHAPTt=R S, ~ AUTHORIZING THE TOWN OF VAIL TO CONTRACT FOR TOWING, STORAGE ANDIOR SAkE OF ABANDONED VE- NICkES; QMENpING SECTION 7.4A-3 TO AC- ~kOw'•~FOR CORREGTIONS~ TO' STATUTORY ' REFERENCE; AND SETTfNGFORTH DETAIL tN ; Qcr_eonTUCCK7n - - -- I, Steve Pape, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, Slate of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle far a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice ar advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1$79, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of .........~..... consec insertions; an/d~that the first publication of said notice was in the issue of said newspaper date ...... ... '~ ..........I .................. ..:^~~ A:D.... l~Gj..~Zand that the last publication of said notice was in the issue of said newspaper datetir........ ~~....~,...., A.D ..................... ~!~ .....,.... ~~77 In witness whereof I have hereunto set my hand this ......,..1...... day Of ....... ..............~...~..... Publisher Subscribed and sworn to befo ~, a notary public in and for the County of Eagle, State of Colorado, this ~.,..... day o .....~...,~~4.~. ry _ Nota Public My Commission expires ....... .A-~.?..,~! .. ~~~' WHEREAS, Section 7.3A~3 of The Vail Town '~ Code provides an erroneous citation to the Golora- .i do Revised Statutes; and - WHEREAS, 4ha Vail Towri Council considers it in [he interest of the public health, safety and welfare to adopt these amendments to the Town Cbde. NOW, THEREFORE BE IT ORpA(NED BY THE'' TOWN COUNCIL OF THE TOWN OF VAIL,. COL=~ ORADO THATi - (Textthat is to ba deleted is stricken, text that into 6e addedis underlined).. .. - Section 1: Sgdtivn Z-3A-3 of the 'Vail Town Code is amended as follows: 7,3A-3: IMPOUNDMENT AUTHOR- IZEp: Whenever any police officer finds a vehicle, attended or uhattehdad, standingg upon any portion of a Street or upon any ptace within this Municipality in Such a manner. as to constitute a vi- oiation of any section of this Article, or left unat-" ' tended for a period of twenty tour (24) hou(s. or more and presumed to 6e abandoned under fife conditions prescribed by Colorado, Revised $taf- utes section 42-4-1102 42-4-t802, as amended, the. officer shall require the vehicle to be removed .and placed In storage in the nearest garage or oth- - er place of safety designated or maintained 4S+ this Municipality, ahd the charges for towing and stor- ege of such-vehicle shall 4s charged to She owner of the vehicle in addition to a.ten dollar ($SO.OQ} impounding charge. : Section 2. Section 14 is added to Title 7, Cpap- ter:3, of the Vail Town Cddsto.read~as follows: ~ ' - 7-3A-14: RIGHT TO CONTRACT: Notwithstanding the procedures set out in Sections 7.3A-3 through 7.3A-8 of this Cfiaptor 3, the Town, at its discretion, may forego said procedures and execute. acontract or contracts for the removal, storage andlvr di5- posal of abandoned motor vehicles in acdordahee with C.R.S. § 42-4'-1814, as amended. Section 3. If any part, section, subsection; sen- ` tehce, clauss'or ptrrase 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 Towri Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the foot that any one or.more-parts, sechons, subsections, sentences, clauses or phrases be declared invalid. , • Saction4. The Town Council hereby .finds, deter- mines, entl declares that this ordinance's neces- sary art6 proper for the health, safely, and welfare oft eTown o Vail and the inhabitants thereof. Sactioq'5. Tha repeal or the repeal and reanact- ment Of. any.prrnisinn of the AAunicipat Code of the Town of Vail as provided ih [hls ordinance shall not affect tlny right which has accrued, any duty im- - ppoosetl;iany vlolatian tfiai occurred-prier 1o the ef- fe~llve'date hereoi,~any prosecution commenced, nor arty other actloh or proceedings as com- menced under or by virtue of the provisicn re- paplador repealed end reenacted. The repeal of any prgVislon herel}y shall nM rovlvo any provaion or any ordinance previously repealed or supersed- ' ed unless expressly stated herein. Section fi. All bylaws, orders, resolutions, and or= dinanct~s, or parts thorooi, inconsistent.~arawiEh , starts lad to [he aztent only of stiph incorisisteri- ~~ ey.Threpaelar shall not ba von9truad.to reVESa -B~ry_ OrpBG•rasolua0n; Or~Ordlnance, or Part '. tt~atofare repaeletl. 1NTR Du~~D, pEAD APPROVEpp,, AND `OR- ', DE D PUBLISHED bNCE, IN FULL ON FIRST i ~lli delr.4i. ~~t ,std a n dFiall t7d-iiefd on this 4'rditiandB on . the -~' d vi 2042, at 73D p m. In tha'Coitnoil~fiemhers of iha Vall Munidpaf 9ulld- Ing; Vail, Colorado.. Ludwig Kurt, Mayor ATTEST: Lorelgi Donaldson, Town Clerk. READ AND APPROVED ON SECOND READING AND ORDER@O PUBLISHED by tine only this _ day of ,2002 Ludwig Kurz, Mayor • • ATTEST: Lorafel Donaldson, Taxn Clerk Rublfshed In tha Vall Daily Juna 7, 2002. • • N° 341 PROOF OF PUBLICATION STATE OF COLORADO .5~. COUNTY OF EAGLE I, Steve Pope, do solemnly swear #hat I am Ehe Publisher bf The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of .........1..... consect~ve in ertions; and that t//he first publication of said notice was in the issue of said newspaper dated ....~'.~A....•°.~.!..••..~~~~ A.D..:~~~+J...~.".....•• and that the last publication of said notice was in the issue of said newspaper dale,.r...~,~.'~/...JkS...~...,.,.. A.D.......5~.~............-.'.S. >,~, In witness whereof I have hereunto set my hand this ..Q.`.:~.... day of .......... ................~..Q. Publisher Subscribed and sworn to befor me, notary public in and for the County of Eagle, State of Colorado, 1 ~- 1 ~ this ......,.~.~~..~...,. day of ..........................,....~.~a~~i ~_ ....... ~!J..:j~.. .r. ~°.:r~ Notary Public My Commission expires .,,, ......(g:.~.l..~ f~~~' ~1 L J ORDINANCE N0.12 , - - SERIES o~ aooa AN ORDINANCE. AMENDING THE TOWht COpE, TITLE 7, CNAPTER 3; ;AUTHORIZING TI1E TOWN' OF VAiL TO CONTRACT FOR TOWING, STORAGE.ANOIOR-SRLE bF A6ANDONE4 VE- HICLES; AMENDING SECTION 73A=3. TO. AL= . LOW . FOH CORjiECTIONS ' TO . STATUTQRY. 1`iEFEREI~CE; AND.SETTING FbRTN DETAILiN REGARDTHERETO, Gopies'ofihis ordinance are available for pubti¢ in- specllori in the office of the town Clerk during nor- mal business hours. - .. .READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED BY-TITLE QNLY THI$18th DAY.OF June., 2002. Publ€shed in the Vatl Daily June 21, 2002.