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HomeMy WebLinkAbout2006-18 Amending Title 5, Chapter 9, Vail Town Code Regarding Wildlife Protection in the Town of Vail~7-. ~; ORDINANCE NO. 18 SERIES OF 2006 AN EMERGENCY ORDINANCE AMENDING TITLE 5, CHAPTER 9, VAIL TOWN CODE REGARDING WILDLIFE PROTECTION IN THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail, and the wildlife indigenous to this valley, would be enhanced and promoted by the amendment of this ordinance; and WHEREAS, maintaining a sustainable wildlife and bear population in the Vail Valley depends upon minimizing human conflicts with bears and other forms of wildlife; and WHEREAS, the Council finds that the feeding of wildlife within the Town of Vail constitutes a menace to property and to the health, welfare, peace and safety of the citizens of Vail; and WHEREAS, human refuse provides an abundant yet unhealthy supply of food for wildlife, which supports artificially high populations and places an additional strain on the supply of naturally occurring foods; and WHEREAS, reported human-bear conflicts have dramatically increased over the past several months; and WHEREAS, the ordinance as currently drafted has been ineffective in the protection of the health, welfare, peace and safety of the citizens of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; ` Section 1. Section 5-9-8 of the Vail Town Code is hereby repealed and re-enacted to read as follows: PENALTY ASSESSMENT: Any person who violates any of the provisions of this Chapter shall be subject to the penalties provided in Section 1-4-1 of this Code for each offense. For purposes of this section, each day a violation is present shall be deemed a separate offense. Section 2. Section 5-9-9 of the Vail Town Code is hereby repealed in its entirety. Section 3. Sections 5-9-10 and 5-9-11 of the Vail Town Code are hereby re- numerated as Sections 5-9-9 and 5-9-10 respectively. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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. Ordinance No. 18, Series 2006 y~-, a ~' ~ Section 5. 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 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 any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 7. Emeraencv Measure. Based upon all of the foregoing, the Council finds and declares that there is reasonable justification for the adoption of this Ordinance as an emergency measure; that this Ordinance is necessary for the immediate preservation of the public welfare, and that this Ordinance shall therefore take effect immediately upon adoption as provided by Section 4.11 of the Vail Home Rule Charter. INTRODUCED, READ, PASSED, ADOPTED AS AN EMERGENCY MEASURE BY THE UNANIMOUS VOTE OF COUNCIL MEMBERS PRESENT OR A VOTE OF FIVE (5) COUNCIL MEMBERS, WHICHEVER IS LESS, AND ORDERED PUBLISHED THIS 1$th DAY OF JULY, 2006. TOWN OF VAIL, COLORADO Rod Slifer, Mayor ~ ATTEST: ,1 Byl~ l~elei-bonaldson, Town Clerk Ordinance No. 18, Series 2006 ~ ~~ ~ ~~~ N~ ~~ ~~ ~~ ~~.. ~~ , ~~ ~ ~ s~~zdw ~L'°~£ ~~~<,~ x~~gY ~~~~ ~~~ a W ~~o ~~ 3 ro ~{ ~~ ~~~.. ~ $~$ W ¢n~~ 3s~E.~ _cE$ ~ ~~ y~ ~ ~ U N m C~ WT 50~ H~C~ a ~8L~ s;~ ~ c ~ '~ a$ a'S 5~mw ma 050 ~~Sa i3 c 0 ~ ~ p ~~~m E~t~ t N•y~ ~3~m 3~.°a'o3 Cyymm~ ~,~ N N ~~ ~6 ~ ac a~> V ~ ~~~ $$ om {~~ ~O~ _~ 8~~ ~~~ O C ~~ ~~~ ~~~ ~~~ u~iitl~ wc°' 3~OE 3.~~ W~ ~a U Y m J ~j ZLL ~~ O ~~ ui m l=- wp J_ wVr a ~U~ ~~~ ~~ ~~ O >" N 0 o~ ~~~ C O O~ N W C ~ W <y0-co,~ 3 F'.y O~~ ~ ya$,~~ g+ `m~ <°=~ma ~~ ~•~ ~~~..~~~E ~~ ~~ s16•-ate ~ r O W H fV >. C!C ~~ ~c ~m 5~ cL m tR wt3 .~ as m!? ~> t'" ~ O O . 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