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2002-17• ~ • ORDINANCE NO. 17 SERIES OF 2002 AN EMERGENCY ORDINANCE TO PROHIBIT THE POSSESSION, SALE OR USE OF FIREWORKS IN THE TOWN OF VAIL, SETTING PENALTIES FOR THE VIOLATION THEROF, DECLARING AN EMERGENCY, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Town Council has determined that drought conditions within the Town of Vail and adjoining areas pose an extreme fire danger: and WHEREAS, The Town Council has further determined that prohibiting the possession, sale and use of fireworks within the Town of Vail is in the best interest of the citizens of Vai! and the State of Colorado to preserve the safety, health and welfare of the community; and WHEREAS, Section 4.11 of the Town Charter authorizes the Town Council to enact emergency ordinances for the preservation of public property, health, welfare, peace, or safety. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. It shall be unlawful for any person within the Town of Vaii to possess, sell, offer for sale, or to use or discharge any fireworks or pyrotechnic special effects material. Section 2. For purposes of this ordinance, "fireworks" sha}i mean any article, device, or substance, with the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration, or detonation which meets the description of fireworks as set forth in the United States Department of Transportation Hazardous Materials Regulations, Title 49, Cade of Federal Regulations, Parts 173.88 and 173.100. In addition, "fireworks" shall include all items listed in C.R.S. Section 12-28-10{$}, defined as "permissible fireworks." "Fireworks" shall not include toy caps which do not contain more than twenty-five hundredths of a grain of explosive compound per cap; or highway flares, railway fuses, ship distress signals, smoke candles, and other emergency signal devices when possessed or used for emergency signaling. Further, "fireworks" shall not Ordinance No, 17, Series of 2002 • • • include devices used by any law enforcement or fire prevention agency in the performance of their duties. Section 3. Any person violating any provision of this ordinance may be punished by a fine, imprisonment, or both fine and imprisonment, as set forth in Section 1-4-1 of the Vail Town Code. Section 4. An emergency exists in that the use of fireworks within the Town limits would severely increase the risk of fire danger, and put the residents of the Town of Vaii and surrounding communities at risk. Section 5. 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 6. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Tawn of Vail and the inhabitants thereof. Section 7. 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, ar ordinance, or part thereof, theretofore repealed. Section $. This ordinance shall become effective immediately upon passage and shall terminate on October 31, 2042. Section 9. The Town Clerk is directed that publication of this ordinance shall be made as soon as practical and no later than ten (10} days following passage. Ordinance Na. 77, Series of 2002 • • INTRODUCED, READ, APPROVED AS AN EMERGENCY ORDINANCE this 18`" day of June, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado, and this ordinance shall take effect immediately. ORDERED PUBLISHED IN FULL this 18t" day of June, 2042. 9/~~` ~ c Ludwig K~rz, Mayor ATTES el ie~onaldson, Tawn Clerk ~`/~ SEAI- • ordinance No, S 7, Series of 2002 VFi1.111VA1V{rt NV. l l: SERIES OF 2002 A.N. ERGENCY ORDINANCE TO PROHIBIT _ THE POSSESSION, S'pLE OR USE• OF. FIRE= N ° 3 3 8 WORKS IN THE TowN OF VAIL, SETTING PEN- ALTIES FOR THE VIDrJ4TFON THEROF; DE- CLARING AN EMERGENCY, ANp SIc1TENG FORTH DETAILS FN REGARI7THERETO. wHEFtEAS, The Town GoUnail "has dotermined that drought condltiohs within the Taivh of Vail and PROOF OF PUBLICATION adjoining areas pose anextremefiredanger:and WHEREAS, The Town Council has further.dater- mined. that prohibiting the:possr3ssigh, sale arid` STATE, OF COLORADO use pf fireworks within the Town of Vail is in the best interestaf Ehe clNzens-of.Vail-and the State of Colorado to preserve the safely, hearth and wet- care of tho commurilty; and S.S. - l'VHEREA$, Section 4.11- of the Town Charter au- thorizes the Tpwn Council fo enact emergency or- COUNTY OF EAGLE dinances for the preservation of public ,property, fiealtn,' welfare, peace, or safety. NOW; THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COL- ORADOTHAT: , Section 1 It.shatl :be'unlawFul.for ar!y ~gerson within She Town I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- a scna 1 ep~sii Ewo ks offer"for=safe, or tQ use or per printed, in whole ar in part and published in the County of Eagle, State of Colorado, and has a fects; atedaiY: _ pvrvtecnnic, special et- general circulation therein; that said news a er has been ublished continuous) and uninterru tedl :,Sactitiri:2_ - p p p y p y For purpdses of )his ordinance, "fireworks" shall in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first mean any aiiic~e, d@vice, ar sabstanae, wnn .tne primary purpose of producing:a visual or auditory publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the sensahgn by combughon,.explosivn, defiagralion, United States mails as a periodical under the provisions of the Act of March 3, 1879, or an amend- or detonatioh.tir+hich.meets the description of fire y works asset forth in the"United.States Department menu thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices ot" Transportatidn Hazardous Materials Re ula- tions, Tiffe 49, Code of Federa€ Regukations, Parts and advertisements within the meaning of the laws of the State of Colorado. iys,oa and i7s.16o. In addaion, "itreworks" shall .include all items Issted ~in G.R.S. Section 12-28- 101(8), defined as "permissible fireworks." 'Fire- That the annexed le al notice or advertisement was ublished in the re ular and entire issue of eve works" shall.notinclude-toy caps which do not Cori, g ~ g ry 'tam more than iwentyriive hundredths of a grain of . eicplasive compound per cap; or hignway,tlates; number of said Bail news a er for the eriod of ............... consecu ' 'nsertions; and that the first railway fUSes, ship distress signals, smoke can- y p p p dies;, and bther,eme ency si Hal devices when; publication of said notice was in the issue of said newspaper dated ........ .... possessed or aced forgemergency sEgnaring. Far- -„ ~,~,,,..----„ , 1her,.'fireworks° Shallnot include devECes used by' any.law -enforcement. ar fire preveMlon agency En ' the pedvrrnanae af.their duties. A.D........ .,Q.Q..~. and that the last publication of said notice was In the Issuo of Bald newspaper , ~ecllon3; ,,~ Any peFSOtt violating-any plnvisicn..oi this ordf- ~ Hance. may 6e punished by a fine, imprisonment, dated.. ...............GJL. ~.. A.D.............. ~............-~ orbvth fine and-imprisonment, as set forth in Sea= tivh 1-A-.1 of the Vail Town Code. - ' ' - RaMlnn g - .. ~ .. ~. In witness whereof I have hereunto set my hand this ..... ........ day of ........ .. ..-~~~...... Any emergency exists in tnat the use of fireworks. within the Town limits would severely increase the risk of fire: danger, and .put ,the residentg-.ot the Town of Vail and'surrounding communities at risk. Section F. ' It any part, section, subsection, sentence, clause or phrase v1 this ordinance is for any reason held ••••••••••••••••••~ ~ •• •••••••• •••""'••' •""'••••"""' to be invalid,suChdecisiohshallnotaffectthaval- Publisher idity of the remaining portidns of'Ihis ordinance; .and the Town- Council hereliy declares it would have passed this ordinance;. and each part, ~sec- tion, subsection, sentence, clause or phrase.there- Subscribed and sworn tD before , a notary public in and for the County of Eagle, State of Colorado, of, regaraleas.ol ine tact that any ono qr mitre parts, sachons, subse~ljons, sentences, clauses or phrases be declared invalid. this ......,..~.~, day of ....... ./.lL,(,..y.... sept;gr g; - Tho Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the heaffh, safety, and welfare of Inc gown of Vall .and the inhabitants thereof. .~ Sprtinn 7. ~~ - All bylaws; orders, resolutions, and ordinances, or parts Fheredf, inconsistent herewith are repealed 10 the extent only of such inconsistency. This repeal- (,,(~~~ er shall .Hat be oonatrued to revise any bylaw, or- ••• ••••• •• - ' ~•• ' ~ der, reso.4ution, or ordinance, or partthereoi, there- tofore repealed: t~Eotary Public ~ ~ This ordinance shelf become effective immediately ~,g ' , / ~~~ upon passage and shall termirrata on October 31, My Commission expires ..........//......• . 1... zoosaci,°n s. - The Town Clerk is directed that ppfilipation of this ~li ~ ordfnanceshap~.ho.mada~assoenas-practical and' na later. than ten f t0):days followingg ppassage. ' INTROpIJCED, ..READ; AISPROVED ' AS' 'AN ' „EMERGENCY ORDfNANCE ttjls--18ttr day-:ot-:lunQ, 2[102 trt~ktl'e Cortncll.~tlB~mbQra_df theVall;MunicL `paF B011difg,:l(sil,_ Colorado,'arisi ifrls nr~Jinanag. -shall take e. atimmeaiately,- " ORDERED.PUgLI$HED f N FUL4lliis'f t3th~ day ~of June, 2002. ;, __ _ Ludwig Kurz; Mayor