TC Minutes 07-24-1979• i
MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON, COUNCILME4BERS
HELD JULY 24, 1979 - 7:30 P.M.
The Regular Meeting of the Town Councilmembers of the Town of Avon, Colorado
was held in the Town Office, second floor, Benchmark Shopping Center, Avon,
Colorado.
The meeting was called to order by Mayor Alpi at 8:00 P.M. following a meeting
of the Local Liquor Licensing Authority of the Town of Avon. A roll call was
taken with all Councilmembers in attendance. Also present were Jerrell Davis
of Rocky Mountain Cable Television, Town Building Administrator Ken Richards,
Town Attorney John Blish, Terry Harris, of Hess Electric, as well as members of
the press and public.
The minutes of July 10 and July 17 were presented to the Council. Jim Wells
moved approval of the July 10 minutes, seconded by Richard Casserley and the
motion was unanimously carried. Regarding the minutes of July 17, Jim Wells
requested the phrase "as well as" be deleted and a semicolon be added on page
one, paragraph fourteen, line two. Richard Casserley then moved approval of
the July 17 minutes, seconded by Jim Wells and the motion was unanimously
carried.
Bi-monthly financial reports were next reviewed by the Council. After dis-
cussion, Carol Richards moved approval of the accounts payable; Steve Erick-
son seconded the motion and it was unanimously carried. Also in reference
to accounts payable, Carol Richards moved $140.00 be added to the expenditures
for payment of the "speed and traffic sign crew." Steve Erickson seconded the
motion and it was unanimously carried.
A discussion of Ordinance No. 79-16, granting a cable television franchise
was held. Hugh Price, Business Manager of the Benchmark Condominiums addressed
specific questions on this topic to Jerry Davis, e.g. proposed charge for
service, selection of programming, etc. Jerry Davis and Al Alpi responded to
Mr. Price's questions. Attorney John Blish provided further information on
the franchise agreement and stated Ordinance No. 79-16, would be presented to
Council at their next regular meeting on August 14, 1979.
Terry Harris approached the Council for a variance on the wiring procedure
for Helmut Lilischkies' six-plex project. After discussion, Carol Richards
moved to allow the variance to install the SDR cable, if pull-box fire alarms
are installed in each of the two buildings. Bill Doyle seconded the motion
and it was unanimously carried.
The first reading of Ordinance No. 79-17, adopting penal ordinances for the
Town of Avon was held. After discussion, Carol Richards moved the Ordinance
be approved; Richard Casserley seconded the motion and a roll call vote was
taken with all Councilmembers voting yes.(Steve Erickson was absent from the
second part of the meeting.) A copy of Ordinance 79-17 is attached to these
minutes.
The first reading of Ordinance No. 79-18, compensation for the Mayor was pre-
sented to the Council. Mayor Alpi "stepped down" and Mayor Pro temp Carol
Richards presided over the Council. After discussion, Jim Wells moved approval
of the Ordinance; Bill Doyle seconded the motion and a roll call vote was
taken with all Councilmembers voting yes (Steve Erickson was absent.) A
copy of Ordinance No. 79-18 is attached to these minutes.
In other business, Jim Wells, Al Alpi, and John Blish were appointed to a committee
for selection.of a "PUC attorney" for the Town of Avon.
There being no futher business before the Council, Allan Nottingham moved the
meeting be adjourned, seconded by Richard Casserley and adjourned by the Mayor
at 10:35 P.M.
Respectfully submitted C~,
•
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 on the 14th
day of August, 1979 at the Town Hall for the purpose of
considering the adoption of ORDIANCE NO. 79-18:
AN ORDINANCE PROVIDING FOR COMPENSATION FOR
THE MAYOR OF THE TOWN OF AVON, COLORADO WHILE HE IS ACTINC
AS THE CHIEF EXECUTIVE AND ADMINISTRATIVE OFFICER PRIOR TO
THE APPOINTMENT OF A TOWN MANAGER; SETTING OUT THE DETAILS
AND DUTIES OF THE POSITION FOR WHICH COMPENSATION IS BEINC
PAID; SETTING OUT THE TERM DURING WHICH THE COMPENSATION
WILL BE PAID AND SETTING FORTH DETAILS IN RELATION THERETO.
A copy of said ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this
TOWN OF AVON,` COLORADO
Byi~~
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
lY_<<. ,,1 7, 19y11,
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
0 0
ORDINANCE NO. 79-18
SERIES OF 1979
AN ORDINANCE PROVIDING FOR COMPENSATION FOR THE MAYOR OF THE
TOWN OF AVON, COLORADO WHILE HE IS ACTING AS THE CHIEF EXECUTIVE
AND ADMINISTRATIVE OFFICER PRIOR TO THE APPOINTMENT OF A TOWN
MANAGER; SETTING OUT THE DETAILS AND DUTIES OF THE POSITION FOR
WHICH COMPENSATION IS BEING PAID; SETTING OUT THE TERM DURING
WHICH THE COMPENSATION WILL BE PAID AND SETTING FORTH DETAILS
IN RELATION THERETO.
WHEREAS, Section 8.1 of the Charter for the Town of
Avon, Colorado, provides that until such time as the Council
shall appoint a Town Manager, the Mayor shall be the Chief
Executive and Administrative Officer of the Town; and
WHEREAS, the provisions of Section 8.1 of the Town
Charter for the Town of Avon, Colorado, have been altered as
a result of the Special Municipal Referendum Election held in
the Town of Avon, Colorado on July 10, 1979; and
WHEREAS, Section 8.1 of the Charter for the Town of
Avon, Colorado, now additionally provides that "During such
period of time and prior to the appointment of a Town Manager,
the Mayor shall be compensated as the Town Council may determine
by Ordinance"; and
WHEREAS, the Town Council has negotiated with the
Mayor concerninq the details of the position referred to;
NOW, THEREFORE, be it ordained by the Town Council of
the Town of Avon, Colorado, that:
Section 1. Term.
The provisions of this Ordinance shall expire at the
time of the call to order of the organizational meeting of the
Avon Town Council as referred to in Section 4.3 of the Town
Charter for the Town of Avon, Colorado, following the regular
Municipal Election to be held on the first Tuesday after the
first Monday in may in the year 1980. It is anticipated that
the date of this organizational meeting will be Tuesday, May 13,
1980. Nothing in this Ordinance shall be construed or inter-
preted to prevent the extension or modification of this Ordinance
to a period of time beyond this expiration date. However, any
such extension or modification must be specifically authorized
by Ordinance if it is intended to be effective beyond the date
herein set out.
Section 2. Time and Compensation.
While acting pursuant to this Ordinance and the provisions
contained herein, the Mayor shall spend an average of three normal
working days per week in pursuit of the duties, activities and
goals of this position as outlined herein and in the discussions
which he has had with the Town Council. The Mayor shall be
compensated at the rate of twelve hundred dollars per month to
be paid in increments of six hundred dollars twice monthly on
the normal pay days for Town employees. At such times as the
Mayor may forsee a need to spend additional time, especially in
connection with a specific project, such as the proposed municipal
building or the issue of bonds by the Town, he may apply to the
Council in advance for authorization for additional compensation,
which shall be paid at the rate of $11.54 per hour or $92.31 per
day, which figures are based upon the rate of $24,000 per annum.
0
Section 3. Additional Benefits.
The Mayor shall be eligible to receive the same benefits
as other Town employees, including, but not limited to: vacation,
paid holidays, sick leave, medical and hospitalization insurance
and life insurance.
Section 4. Mayoral Duties.
It is not the intention of the Council or the purpose
of this Ordinance to compensate the Mayor for duties that would
normally have been performed by the Mayor, such as attendance
at Council Meetings, Study Sessions or Ceremonial Functions.
It is the intention of the Council and the purpose of this Ordinance
to compensate the Mayor for those activities which he shall under-
take and perform because the Town is without a Town Manager.
The Mayor shall be responsible for general supervision
and coordination of all activities of the Town. This shall
include planning for and supervision of functions which are not
currently in existence, such as snow removal and road maintenance.
He shall also be available to handle and shall handle citizen
inquiries, suggestions and complaints and all other general
contacts and communications which others may have with the Town.
He shall be responsible for the general management of the Town
and its various departments and functions on a day to day basis.
He shall have the authority to supervise all employees. He shall
report to the Town Council as requested and upon such matters
as are requested.
Section 5. Authority.
The authority for the enactment of this Ordinance is
the Town Charter for the Town of Avon, Colorado, as amended.
The Town Council may, by this same authority, amend, modify,
repeal or re-enact this Ordinance as it may determine.
Section 6. Saving Clause.
If any part, section, subsection, sentence, clause
or phrase of this Ordinance are for any reason held to be
invalid, such decisions shall not affect the validity of the
remaining Sections of the Ordinance; the Town Council hereby
declares that it would have passed this Ordinance in 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 to be
invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED PUBLISHED ONCE IN FULL, this 24th day of July ,
1979 and a public hearing on this Ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon,
Colorado, on the 14th day of August , 1979, at
7:30 P.M. in the Municipal Offices of the Town of Avon, Colorado.
Mayor Pro-Tem-`
Councilmember t %
Counc`i-lm~mber'--
ATTEST: Council'e er
it'll
Town Clerk / CE_UE61 member
Councilmember
-2-
INTRODUCED, READ ON SECOND READING, APPROVED, PASSED, ENACTED
AND ORDERED PUBLISHED THIS day of
1979. '
TOWN OF AVON
By.
Mayor Pro-Tem
Counci.lmember
Councilmember
Councilmember
Councilmember
ATTEST:
Councilmember
Town Clerk
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 P.M. on the
14th day of August, 1979 at the Town Hall for the purpose
of considering the adoption of ORDINANCE NO. 79-1.7:
AN ORDINANCE ADOPTING BY REFERENCE
CERTAIN SPECIFIED TITLES AND CHAPTERS
OF THE MUNICIPAL CODE OF THE TOWN OF
VAIL, COLORADO; SETTING OUT CERTAIN
CHANGES, AMENDMENTS, OMISSIONS AND
DELETIONS IN THE MATERIAL BEING
ADOPTED; SETTING FORTH THE PENAL-
TIES FOR VIOLATION THEREOF AND
PROVIDING FOR ADDITIONAL DETAILS IN
RELATION THERETO.
A copy of said ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this Ordinance.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 30th day of July, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
By: Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 30, 1979:
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPINC CENTER, (AVON POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
ORDINANCE NO. 79-17
SERIES OF 1979
AN ORDINANCE ADOPTING BY REFERENCE CERTAIN SPECIFIED TITLES
AND CHAPTERS OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, COLORADO;
SETTING OUT CERTAIN CHANGES, AMENDMENTS, OMISSIONS AND DELETIONS
IN THE MATERIAL BEING ADOPTED; SETTING FORTH THE PENALTIES FOR
VIOLATION THEREOF AND PROVIDING FOR ADDITIONAL DETAILS IN RELATION
TI I E RITO .
WHEEREAS, the preservation of the public peace, welfare
and safety within the Town of Avon necessitates the adoption
of certain Penal Ordinances; and
WHEREAS, Section 6.9 of the Charter for the Town of
Avon, Colorado, provides for the adoption by reference of certain
standard codes, including codes promulgated by another Municipality
within the State of Colorado; and
WHEREAS, the Town of Vail, Colorado, is such another
Municipality and has promulgated and enacted such a code, which
is known as the "Vail Municipal Code"; and
WHEREAS, the Town of Avon has a need for the adoption
of certain Penal Ordinances that are similar to some of the Penal
Ordinances which have been adopted by the Town of Vail;
NOW, THEREFORE, be it ordained by the Town Council of
the Town of Avon, Colorado, that:
Section A. Reference.
The Ordinances, chapters, titles, sections, and sub-
sections referred to by this Ordinance are from the "Vail Municipal
Code" as published by Book Publishing Company, Seattle, Washington,
and the material so adopted by the Town of Avon is that material
in the "Vail Municipal Code" as it exists upon the date on which
this Ordinance becomes effective, that is, seven days after
public notice following final passage as set out in Section 6.4
of the Town Charter for the Town of Avon, Colorado.
Section B. Numerical Reference.
It is the intention of the Town of Avon to adopt the
titles, articles, chapters, sections and subsections which are
adopted by this Ordinance with the same numerical designations
as are used in the "Vail Municipal Code". Thus the title,
article, chapter, section and subsection designations set out in
the "Vail Municipal Code" will be the same as shall exist in the
"Avon Municipal Code". When a title, article, chapter, section,
or subsection is deleted and is not adopted by this Ordinance,
that numerical designation shall be considered to be and hereby
i.s reserved for future use.
Section C. Title
The material adopted hereby as well as all subsequent
amendments, additions and revisions is adopted pursuant to the
provisions of Sections 31-16-201 through 31-16-208, Colorado
Revised Statutes, 1973, as amended and shall be known and cited
as the "Avon imunicipal Code".
0
Section D. Citation-Reference.
It shall be sufficient to refer to this code as the
"Avon Municipal Code" in any prosecution for the violation there-
of or in any proceeding at law or equity. In citing alleged viola-
tors it shall be sufficient to refer to the numerical designation
as indicated by title, article, chapter, section, and subsection
involved.
Section E. Publication.
Within a reasonable time following the passage of this
Ordinance, the Mayor or Town Manager shall have a copy of the en-
tire adopted text prepared, reflecting the changes, amendments,
deletions and omissions made by this Ordinance. Following such
preparation the Town Attorney shall, as soon as is reasonable
cause this and other suitable Ordinances to be codified pursuant
to Section 6.8 of the Charter of the Town of Avon, Colorado.
Section F. Uniform Deletions.
In all of the material adopted by this Ordinance, the
references at the end of the each Section to the Ordinance of the
Town of Vail by which the preceeding material was enacted shall
be omitted from the "Avon Municipal Code" and from this Ordinance;
provided, that such omission and deletion shall not prevent re-
ference to such an Ordinance as part of the Legislative history
of this Avon Ordinance or to demonstrate intent of the Vail Town
Council at the time of the enactment of the Vail Ordinance.
Section G. Violations and Penalties.
It is unlawful for any person to violate any provision
or to fail to comply with any of the requirements of this code.
Any person who violates any provisions of this code shall be pun-
ished by a fine of not more than three hundred dollars or by im-
prisonment for a period of not more than ninety days or by both
such fine and imprisonment. Any such person shall be guilty of
a separate offense for each and every day during any portion of
which a violation of any provision of this code is committed, con-
tinued, or permitted by such person and shall be punished accord-
ingly. In addition to the penalty provided in this Section, any
condition caused or permitted to exist in violation of any of the
provisions of this code shall be deemed a public nuisance, and
may be by this Town summarily abated as such and each day that
such condition continues shall be regarded as a new and separate
offense.
The following sections of the code adopted by this
chapter are penalty sections, said penalty sections are set forth
in full in this Section and reenacted according to Section 31-16-
204, Colorado Revised Statutes 1979, as amended:
"8.08.070 Violation-Penalty.
It is unlawful for any person to violate
any provisions of this chapter. Every
person convicted of a violation of any
provision of this chanter shall be punished
by a fine not exceeding three hundred
dollars, or by imprisonment for a period
of not more than ninety days, or by both
such fine and imprisonment.
"8.12.050 Violation-Penalty
Any person violating any provision of this
chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be pun-
ished by a fine not exceeding three hun-
dred dollars, or by imprisonment for a
period of not more than ninety days, or by
both such fine and imprisonment.
-2-
"8.16.180 Violation-Penalty
Every person, upon conviction of violation of this
chapter, shall be fined not less than thirty-five
dollars nor more than three hundred dollars, plus
the cost of removal of the refuse; or shall be pun-
ished by imprisonment for not more than ten days.
"8.24.140 Violation-Penalty
Any person convicted of violating any of the provi-
sions of this chapter shall be punished by a fine
of not more than three hundred dollars; provided,
that each separate act in violation of the provi-
sions of this chapter, or each and every day or
portion thereof during which any separate act in
violation of this chapter is committed, continued
or permitted, shall be deemed a separate offense."
Section H. Text.
1. Title 8. Chapter 8.04 is hereby adopted in its
entirety, except as follows:
Section 8.04.010 shall be amended to read "Avon
Police Chief" in the ninth and eleventh lines of
the text, where the words "Town Marshall" appear,
which words shall be deleted.
2. Title 8, Chapter 8.08 is hereby deleted in its en-
tirety and the designation "Chapter 8.08" is hereby reserved for
future use.
3. Title 8, Chapter 8.12 is hereby adopted in its en-
tirety including Section 8.12.050 which sets out the penalties
for violation of the preceeding sections, which penalties are
also set out generally elsewhere in this Ordinance.
4. Title 8, Chapter 8.16 is hereby adopted in its
entirety except as follows:
Section 8.16.010, Subsection K, shall be amended
to read:
"'Town Manager' means the Town Manager or Mayor
of the Town of Avon, or his authorized representative."
Further Section 8.16.160 shall be amended to in-
clude the words "or Mayor" following the words
"Town Manager" in the first line of the text.
Further, Section 8.16.170, Subsections A. and B.,
shall be amended similarly to include the words
"or Mayor" following the words "Town Manager" in
the first and sixth lines of the text of Subsec-
tion A. and the second and fifth lines of the text
of Subsection B.
5. Title 8, Chapter 8.20 is hereby adopted in its
entirety, except as follows:
Section 8.20.020 shall be amended to include the
words "Town Manager" following the word "Mayor"
in the third line of the text.
6. Title 8, Chapter 8.24 is hereby adopted in its
entirety including the footnotes, except as follows:
Section 8.24.030 shall be amended to include
the words, "Provided that firing or the dis-
charging of such weapons was reasonable in light of
-3-
all the attendant circumstances." following the
words "person or property." in the eighth line
of the text and the period at the end of that
line shall be changed to a comma.
Further, that Section 8.24.1.40 which sets out the
penalties for violations of the preceeding sections,
which penalties are also set out generally elsewhere
in this Ordinance.
7. Title 9, Article I, Chapter 9.02 is hereby adopted
in its entirety., except as follows:
Section 9.02.010 shall be amended to read "Avon
Police Chief" in the first line of the text where
the words, "Town Marshal" appear, which words
shall be deleted.
8. Title 9, Article I, Chapter 9.04, shall be adopted
in its entirety.
9. Title 9, Article I, Chapter 9.06, shall be adopted
in its entirety.
10. Title 9, Article I, Chapter 9.08, shall be adopted
in its entirety.
11. Title 9, Article I, Chapter 9.10, shall be adopted
in its entirety.
12. Title 9, Article I, Chapter 9.12, shall be adopted
in its entirety.
13. Title 9, Article I, Chapter 9.14, shall be adopted
in its entirety.
14. Title 9, Article I, Chapter 9.16, shall be adopted
in its entirety.
15. Title 9, Article I, Chapter 9.18, shall be adopted
in its entirety.
16. Title 9, Article II, Chapter 9.20, shall be adopted
in its entirety.
17. Title 9, Article II, Chapter 9.22, is hereby adopted
in its entirety, except as follows:
Section 9.22.010, subsection a shall be amended to
read "two hundred dollars" in the second line of the
text where the words "one hundred dollars" appear,
which words will be deleted.
Further, that Section 9.22.010, subsections c and d
are hereby deleted in. their entirety and the
designations "c" "d" are hereby reserved for future
use.
Further that Section 9.22.050 will be amended to
read "deceptive use recreational facilities." In
the title where the words "deceptive use of ski
facilities." appear, which words shall be deleted.
Further that Section 9.22.050 shall be amended by
the deletion of the words "skiing service or skiing
facility or other."
Section 9.22.060 shall be amended by the deletion
of the words "skiing service or skiing facility
or other" in both places where those words
appear.
-4-
Further that Section 9.22.070 be amended by the
deletion of the words "Skiing service or skiing
facility or other" in both places where those words
appear.
18. Title 9, Article III, Chapter 9.24, shall be adopted
in its entirety.
19. Title 9, Article III, Chapter 9.26, shall be adopted
in its entirety.
20. Title 9, Article III, Chapter 9.28, shall be adopted
in its entirety.
21. Title 9, Article III, Chapter 9.32, is hereby deleted
in its entirety and the designation "Chapter 9.32"is hereby reserved
for future use.
22. Title 9, Article III, Chapter 9.34, is hereby adopted
in its entirety.
23. Title 9, Article IV, Chapter 9.36 is hereby adopted
in its entirety.
24. Title 9, Article IV, Chapter 9.38, is hereby adopted
in its entirety.
25. Title 9, Article IV, Chapter 9.40, is hereby adopted
in its entirety.
26. Title 9, Article IV, Chapter 9.42, is hereby adopted
in its entirety.
27. Title 9, Article V, Chapter 9.46, is hereby adopted
in its entirety.
28. Title 9, Article V, Chapter 9.48, is hereby adopted
in its entirety.
29. Title 9, Article V, Chapter 9.50, is hereby adopted
in its entirety.
30. Title 9, Article V, Chapter 9.52, is hereby adopted
in its entirety, except as follows:
Section 9.52.010 shall be amended to read "Avon
Police Chief" in the seventh line 6f the text, the
words "'Town Marshal appear, which words will be
deleted.
Further that Section 9.52.030 shall amended by the
deletion of the words "except the main parking lot
at Vail/Liont Head, described as Lot 1, Block 2,
Vail/Lions Head first filing, according to the
recorded plat of same filed with the Town, which
shall be the only designated place for the temporary
parking of such parking of such vehicles referred
to in this Section. In no event shall any vehicle
trailer or camper be parked or stored in the
designated area for a period in access of seven
days" where that language appears in the text and
a:period shall appear after the word "Town" in the
third line in the text.
-5-
Further that Section 9.52.040 shall be amended to read •
"Avon. Police Chief" in the fifth line of the text, where
the words "Town Marshal appear, which words shall be
deleted.
31. Title 9, Article VI, is hereby reserved for future use.
32. Title 9, Article VII, Chapter 9.54, is hereby adopted
in its entirety.
33. Title 9, Article VIII,Chapter 9.56, is hereby adopted
in its entirety.
34. The Title 9 footnotes are hereby adopted in their
entirety.
INTRODUCED, PASSED ON FIRST READING, 2,PP~OVED, AND ORDERED
PUBLISHED ONCE IN FULL, this 21. day of , 1979 and a
public hearing on this ordinance shall bq'iheld at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the
I,v"y Y' day of 1979, at 7:30 P.M. in the Municipal
O'-ij ces of the Town.
i
Mayor/
i
ATTEST:
Town Clerk
Title 8
HEALTH AND SAFETY'
Chapters
:
8.04
Explosives
8.08
Fire Lanes
S.12
Fireworks
8.16
Garbage and Refuse
8.20
Open Burning
8.24
Public Nuisances
`UTI 1 outnoics are numbered throughout the text and are located at the end of'
this title.
109
t+
Chapter 8.04
EXPLOSIVES'
Sec tillns:
8.04.010 Storage restrictions.
8.04.010 Storage restrictions.
It is unlawful for any person to store within the town limits
or within one-half mile thereof any amount of gunpowder,
blasting powder, nitroglycerine, dynamite, or otter high
explosive in excess of one fifty-pound box, or in excess of five
hundred caps, or other devices used for the detonation for such
high explosives; except, that primers and smokeless powder
used in the liandloading of sporting ammunition shall be
exempt from the provisions of this chapter; and except, that the
town marshal may specifically authorize the storing of
explosives in excess of the quantity allowed in this chapter, if
they are stored in a place, shelter or manner which the town
marshal detennines as meeting adequate safety standards. (Ord.
17(1966) Art. 3 1.)
E=XPLOSIVES
IWALT11 AND SAKI:TY
Chapter 8.08
1=1RE LANES
Sections:
S.08.0 10 Definitions.
8.05.020 Established.
8.08.030 Map-Identification.
8.08.040 Map-Chan"Ies.
8.08.00 Parking prohibited.
8.08.060 Vehicle impoundment.
8.08.070 Violation-Penalty.
8.08.010 Definitions.
A. "Dire lane" means any public right-of-way, including streets,
alleys, and other thoroughfares, as well as privately owned
land, not otherwise dedicated. to public use, which is
officially designated by the town council, as provided in this
chapter, as a fire lane. The purpose of such fire lanes
established in this chapter is to.provide access to structures
in order to more effectively combat fires or deal with other
hazards which may occur in such structures.
13. "Fire lane map" means the official map maintained by the
town clerk indicating the exact locations of the fire lanes
established by the town council, pursuant to the provisions
of this chapter.
(Ord. 8(1971)§§ 1.)
8.05.020 Established.
There are created within the town fire lanes, as defined in
Section 5.08.010, as shown and otherwise indicated in the
official lire lane map, which is referred to and incorporated in
this section by reference. The fire lane map is declared to be a
part of this chapter. (Ord. 8(1971) § 2.)
8.05.030 Map-Identification.
Me official fire lane map shall be maintained by the town
112
. i ,
FIRE LANES
clerk and shall be located in the office of the town and shall be
identified by the signature of the mayor, attested by the town
clerk, and shall bear the official seal of the town. The map shall
also bear the certification that it is the official fire lane map and
shall refer to the ordinance codified in this chapter establishing
fire lanes as indicated on the fire lane map. (Ord. 8(1971) § 3.)
8.08.040 Map-Changes.
From time to time after the adoption of the ordinance
codified in this chapter, the town council may alter or revise the
official fire lane map by adding, deleting or otherwise changing
the fire lanes indicated on the fire lane map by ordinance duly
enacted in accordance with the laws of the state. At such times
as the town council adopts changes in the official fire lane map,
the map sliall immediately be changed to reflect the additions,
deletions or alterations adopted by the town council so that the
map shall at all times accurately portray and reflect the status
of fire lanes in accordance with this chapter. (Ord. 8(1971 § 4.)
t
8.08.050 Parking prohibited.
Upon the establishment of fire lanes, in accordance with
this chapter, signs shall be posted in all such fire lanes bearing
the words, "Fire lane - No parking at anytime." Parking of any
vehicle shall be prollihited in all fire lanes at all times, and
enforcement of this chapter shall be strictly administered by the
police department. No person shall stand or park any vehicle
within a fire lane as established by this chapter or in any way
obstruct the fire lane. Enforcement of this chapter shall be
applied in order to implement provisions of the fire prevention
code for the town. (Ord. 8(1971) § 5.)
8.08.060 Vehicle impoundment.
Any police officer of the town upon finding a vehicle,
whether attended or unattended, standing or being parked
within a fire lane shall require such vehicle to be removed or
cause it to be removed and impounded, and the owner or
operator of the vehicle sliall be liable for the cost of such
yf
113
i
I11;ALT11 AND SAFETY
removal allll impounding, in addition to any other penalties
imposed by this chapter. (Ord. 8(1971) § 6.)
8.08.070 Violation-Penalty.
It is unlawful for any person to violate any provisions of
this chapter. Every person convicted of a violation of any
provision of this chapter shall be punished by a fine of not more
than three; hundred dollars or by imprisonment of not more
than ninety days or both such fine and imprisonment. (Ord.
8(1971) § 7.)
Chapter 8.12
FIREWORKS
Sections:
8.12.010
Definitions-
S. 12.020
Sale unlawful.
8.12.030
Supervised public display permit.
8.12.040
Seizure of unlawful fireworks.
8.12.050
Violation-Penalty.
8.12.010 Definitions.
A. "Fireworks" means and includes any article, device or
substance prepared for the primary purpose of producing a
visual or auditory sensation by combustion, explosion,
deflagration, or detonation, including, without limitation,
the following articles and devices commonly known and
used as fireworks: toy cannons or toy canes in which
explosives are used, blank cartridges, the type of balloon
which requires fire underneath to propel the same,
firecrackers, torpedoes, skyrockets, Roman candles and
daygo bombs. The term "fireworks" shall not include toy
pistols, toy guns, sparklers or torches which do not contain
explosive charges or other devices in which paper caps
manufactured in accordance with the United States
114
I ~
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I=IRE 0 R K S
Interstate Commerce Commission regulations for packing
and shipping of toy paper caps are used and toy pistol paper
caps nuuiufactured as provided in this chapter.
B. "Person" means an individual, partnership, copartnership,
firm, company, association or corporation.
(Ord. 9(1971) 1.)
8.12.020 Sale unlawful.
Except as provided in Section 8.1 2.030, it is unlawful for
any person to offer for sale, expose for sale, sell, or have in his
possession with intent to offer for sale or sell, or to use or
explode any fireworks in the town. (Ord. 9(1971) § 2.)
8.12.030 Supervised public display permit.
The town council has the power to grant permits, within the
town, for supervised public displays of fireworks by
municipalities and other organizations and groups, and to adopt
reasonable rules and regulations for the granting of such
permits. Application for a permit shall be made in writing at
least fifteen days in advance of the date of display. Every
display shall be handled by a competent operator and shall be
of such character and so located, discharged, and fired as not to
be hazardous to property or endanger any person. Before a
permit is granted, the operator and the location and handling of
the display shall be approved, after investigation by the town
council. No permit shall be transferable or assignable. (Ord.
9(1971) § 3.)
8.12.040 Seizure of unlawful fireworks.
The police authorities shall seize, take and remove all
fireworks and combustibles offered for sale, stored, or held in
violation of this chapter. (Ord. 9(1971) y 4.)
8.12.0.50 Violation-Penalty.
Any person violating any provision of this chapter sliall be
guilty of a misdemeanor and, upon conviction thereof, shall be
115 (Vail 9-30-77)
0 0
HEALTE AND SAFETY
punished by a fine not exceeding three hundred dollars, or by
imprisonment not exceeding ninety days, or by both such fine
and imprisonment. (Ord. 9(1971) § 5.)
Cliapter 8.16
GARBAGE AND REFUSES
Sections:
8.16.010
Definitions.
8.16.020
Accumulation-Single-family residence.
8.16.030
Accumulation-Multiple-family residence.
8.16.040
Accumulation-Commercial establishment.
8.16.050
Refuse containers required-Single-family
residence.
8.16.060
Refuse containers required-Multiple-family
residence.
8.16.0
70
Refuse containers required-Commercial or
.
industrial establishment.
8.16.080
Refuse storage.
8.16.090
Rubble storage.
8.16.100
Garbage-Wrapping required
8.16.1 10
Building refuse.
8.16.120
Littering of public and private property
prohibited.
8.16.130
Burying garbage unlawful.
8.16.140
Deposit in sewage system unlawful.
8.16.150
Removal of dead animals.
8.16.160
Inspection.
8.16.170
Removal notice-Enforcement.
8.16.180
Violation-Penalty.
8.16.010 Definitions.
For the purpose of each and every provision of this chapter,
the following definitions of terms shall apply:
A. "Building department" means the building department of
the town.
B. "Fire chief" means the fire chief of the town, or his
authorized agent.
(Vail 9-30-77) 116
GARBAGE AND REFUSE
C. "Garbage" means putrescent animal or vegetable waste
resulting from the preparation, cooking and serving of food,
or the storage and sale of produce.
D. "Health officer" means the health officer of the town and
county, or his authorized agent.
I-:. "Refuse" means all solid wastes, garbage and rubbish,
whether combustible or rioncombustihle, including rubble.
"Refuse container" means a metal or nonabsorbent and
(ire-resistant container, which shall be equipped with a
tightly fitting metal or nonabsorbent and fire-resistant cover
or lid.
G. "Refuse hauler" means any person engaged in the business
of' collecting, storing and transporting of refuse in the town
and who is licensed therefor by the town.
1-1. "Refuse storage room" means a wholly enclosed area
approved by the town manager or his authorized agent for
the storage of refuse which does not constitute, or tend to
create a fire or health hazard or any unsanitary condition.
1. "Rubbish" means all nonputrescent solid wastes, consisting
of both combustible and noncombustible wastes, including,
but not limited to, paper, ashes, cardboard, tin cans, yard
clippings, wood, glass, rags, discarded clothes or wearing
apparel of any kind, or any other discarded object or thing,
not exceeding three feet in length.
J. "Rubble" means large brush wood, large and/or heavy yard
trimmings, discarded fenceposts, crates, motor vehicle tires,
junk motor vehicle bodies or parts thereof, scrap metal
discarded furniture and all other household goods or items,
demolition materials, old lumber and any other discarded
similar object or thing which cannot conveniently be cut
into sizes or three feet in length.
K. "Town manager" means the town manager'of the town of
Vail, or his authorized a-ent.
(Ord. 4(1973) § I.)
8. 16.020 Accumulation-Single-family residence.
It is unlawful for any occupant or owner of any
single-family residence to accumulate, or permit or cause to be
accuniulated, on the premises occupied or owned by him, any
117
HEALTH AND SAFETY
refuse, the accumulation of which constitutes, or may create, an
unsanitary condition or a health or fire hazard. (Ord. 4(1973) §
2(a).)
8.16.030 Accumulation-Multiple-family residence.
It is unlawful for any owner, manager, or operator of any
multiple-family residence, apartment house, condominium,
boardinghouse, private club, or any other like premises to
;accumulate or permit or cause to be accumulated on said
premises any refuse, the accumulation of which constitutes, or
may create, an unsanitary or unsightly condition or a health or
fire hazard. (Ord. 4(1973) § 2(b).)
8. 16.040 Accumulation-Commercial establishment.
It is unlawful for any owner, operator or manager of any
commercial establislunent to accumulate or permit or cause to
be accumulated on said premises any refuse, the accumulation
of which constitutes, or may create, an unsanitary and unsightly
condition or health or fire hazard. (Ord. 4(1973) § 2(c).)
8.16.050 Refuse containers required-Single-family residence.
It is Unlawful for any occupant or owner of any
single-family dwelling to fail to provide or make available at all
times one or more refuse containers, as defined in Section
8.16.010, at the premises owned or occupied by him. (Ord.
4(1973) 5 3(a).)
8.16.060 Refuse containers required-Multiple-family
residence.
It is unlawful for any owner, manager, or operator of any
multiple-family residence, apartment house, condominium,
boardinghouse, private club or any other like premises to fail to
provide or make available at all times one or more refuse
containers, as defined in Section 8.16.010, or refuse storage
rooms, as defined in Section 8.16.010, at the said, premises
owned, operated or managed by him. (Ord. 4(1973) § 3(b).)
U
118
,
GARBAGE AND REFUSE
8.16.070 Refuse containers required-Commercial or
industrial establishment.
It is unlawful for any owner, operator or manager of any
commercial or industrial establishment to fail to provide or
make available at all times one or more refuse containers, as
defined in Section 8.16.010, or refuse storage rooms, as defined
in Section 8.16.010, at the premises owned, operated or
managed by him. (Ord. 4(197')) j 3(c).)
8.16.080 Refuse storage.
All refuse, except nibble, shall be stored either in refuse
containers, as defined in Section 8.16.010, or in refuse storage
rooms, as defined in Section 8.16.010, at a designated place on
the premises, either inside or outside, easily accessible to refuse
haulers within the town, and shall he properly concealed so as
to not degrade the arcliitectural and landscaping qualities of the
premises. Concealment facilities shall be approved by the
building department. (Ord. 4(1973) § 4(a).)
8.16.090 Rubble storage.
Rubble need not be stored in refuse containers or refuse
storage rooms, but shall not be allowed to accumulate and sliall
be stored in such a manner as not to constitute or create an
unsanitary or unsightly condition or a health or fire hazard.
(Ord. 4(1973) § 4(b).)
8.16.100 Gubage-Wrapping required.
It is unlawful for any person to place garbage or any other
putrescible material in any refuse container or refuse storage
room unless the garbage or putrescible material is wrapped in
paper or other material in such a manner as to prevent spillage
or leakage.. (Ord. 4(1973) § 4(c).)
8.16-110 Building refuse.
Sections S. 16.080 through 8.16. 100 shall not prohibit any
person from keeping building materials on any premises before
119 (Vail 9-30-77)
t
HEALTH AND SAFETY
or during the period of active construction, nor shall these
sections be construed to prohibit any person from storing any
materials used in the operation of a business which is located in
an area allowing such a use to be carried on. (Ord. 4(1973) §
4(d).)
8.16.120 Littering of public and private property prohibited.
It is unlawful for any person to deposit, throw or leave any
refuse on any public or private property or on any water or
watercourse.
A. "Public or private property" as used in this section includes,
but is not limited to, the right-0f--way of any road or
highway, a body of water or watercourse, any park,
playground, recreation area, building, parcel of property,
(publicly or privately owned), refuse container or receptacle
provided for private use.
B. It shall be an affirmative defense that:
1. The property where the refuse was deposited, thrown or
left in an area designated by law for the disposal of such
refuse and the person is authorized by the proper public
authority to so use the property; or,
2. The refuse is placed in a receptacle or container installed
on such property for that purpose; and the person is
authorized by the owner, provider, or maintainer of the
receptacle or container to use the same; or
3. Such person is the owner or tenant in lawful possession
of such property, or has obtained written consent of the
owner in lawful possession or the act is done under the
personal direction of said owner or tenant.
C. Whenever refuse is thrown, deposited, dropped or dumped
from any motor vehicle in violation of this section the
operator of said motor vehicle is presumed to have caused
or permitted the refuse to be so thrown or deposited,
dropped or dumped therefrom.
(Ord. 23(1977) § l.)
8.16.130 Burying garbage unlawful.
It is unlawful for any person to bury or cause to be buried
(Vail 9-30-77) 120
l~
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( ARIin(;l; AND REFUSI-j
anywhere within the town any garbage. (Ord. 4(1973) § 5(b).)
8.16.140 Dcposit in sewage system unlawful.
It is unlawful for any person to deposit or cause to be
deposited garbage in the town's sewage system, unless it is first
shredded by an approved mechanical grinder. (Ord. 4(1973) §
1(c).)
8.16.1 SO Removal of dead animals.
It is unlawful for any person in possesion, charge or control
of any dead animals or of any premises upon which dead
animals may be located, to permit or allow such an animal to
remain thereon for a period longer than twonty-four hours, or
to deposit or bury, or cause to be deposited or buried, the body
of any dead animal, or portion thereof, on any public street,
alley, sidewalk, park, stream, or any public ,round. Removal
and disposal of dead animals shall be done in accordance with
the direction of the health ofliccr. (Ord. 4(1973 § 5(d).)
8.16.160 1 nspect io n.
The town manager, the health officer, or the fire chief, have
120-1 (Vail9-30-77)
I 0 ~ I ~t u
GARBAGE AND REFUSE
the right to enter upon and inspect.any and all premises within
the, town at reasonable hours during the claytime for the
purpose of enforcing the provisions of this chapter. (Ord.
4(1973) 5 6.)
8.16.170 Removal notice-Enforcement.
A. It is the duty of the town manager, the health officer, or the
fire chief, to require the owner or agent of the owner of any
premises whereon is situated any unlawful accumulation or
unlawful storage of refuse to remove it within a reasonable
time, which shall be no longer than three days, to be fixed
by the town manager, the health officer, or the fire chief, in
his written notice to the owner or agent of the owner.
Emergency situations will be given notice of not longer than
one clay.
B. In case the owner or agent of the owner fails to follow the
requirements of the notice, the town manager, the health
officer, or the fire chief shall cause the refuse to be removed
at the expense of the owner or agent of the owner. After
removal of the refuse, the town manager, the health officer,
or the fire chief shall issue a summons to the owner or agent
of the owner to appear in municipal court.
(Ord. 4(I 973) 7.)
5.16.180 Violation- Penalty.
Every person, upon conviction of violation of this chapter,
shall be fined not less than thirty-five dollars nor more than
three hundred dollars, plus the cost of removal of the refuse; or
shall be punished by imprisonment for not more than ten days.
(Ord. 4(1973) § 8.)
121
t r Yt33 afu~rn, st~J. ~ J
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HEALTH AND SAFETY
Chapter 8.20
OPEN BURNING4
Sections:
8.20.010 Restrictions-Exceptions-
8.20.020 Burning permit.
8.20.010 Restrictions- Exceptions.
No person shall burn, nor permit to be burned, any trash,
paper, rubbish, wastepaper, wood, weeds, brush, plants or other
flammable or combustible material, nor kindle or maintain any
bonfire on any open premises owned or controlled by him, or in
any public street, alley, park property or other land adjacent to
such premises except under the following conditions:
A. The burning is for the noncommercial cooking of food for
human beings or for recreational purposes;
B. When the burning is a smokeless flare or a safety flare used
to indicate some danger to the public.
(Ord. 5(1969) § 1.)
8.20.020 Burning permit.
Open burning within the town shall be prohibited at all
time, except by special permit, which may be granted by the
mayor, upon written application of any person, providing such
burning may be done without hazard to the community. (Ord.
5(1969) 2.)
122
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PUBLIC NUISANCES
Chapter 8.24
PUBLIC NUISANCES5
Secs ions:
5.24.010
Person defined.
8.24.020
Designated generally.
5.24.030
Discharging firearms.
8. 24.040
Keepingjunk.
8.24.050
Depositing waste material.
5.24.060
Loudspeakers and sound tracks.
5.24.070
Mufflers.
8.24.080
Ice and snow overhangs and accumulations.
5.24.090
Ice on sidewalk or public passageway.
8.24.100
Creation of nuisance prohibited.
5.24.1 10
Investigation-Abatement notice.
5.24.120
Abatement procedure.
8.24.130
Civil remedy not precluded.
8.24.140
Violation-Penalty.
8.24.010 Person defined.
"Person" as used in this chapter means a natural person,
corporation, business trust, estate, trust, partnership,
association, joint stock company, joint venture, two or more
persons having a joint or common interest, any other legal or
commercial entity, or a receiver, executor, trustee, conservator
or other representative appointed by order of any court. (Ord.
I S(1966) j I
8.24.020 Designated generally.
Each of the actions or conditions set out in Sections
5.24.030 through 5.24.090 shall be deemed to be a Public
nuisance and may be proceeded against according to the
provisions of this chapter. (Ord. 18(1966) § 2 (part).)
8.24.030 Discharging firearms.
'llre discharging by any person, except a law enforcement
i,
123 (Vail 9.15-78)
r
i
HEALTH AND SAFETY
~i
oll'icer in the perfornuutce of his duties, of any gun, pistol,
shotgun, rifle, air bun, bas-operated gun, spring sun, firearm or
weapon of any kind within the limits of the town, except upon
the express and specific authorization of the town marshal, shall
be deemed a public ntlisancc; provided, that nothing contained
in (his section shall be construed to apply to persons firing or
discharging such weapons 0 defense of person or property.
(Ord. 18(1966) 2(a).)
8.24.040 Keeping junk.
The storing or keeping by any person within the town of
any old articles or materials which may be classified as junk,
adjacent to or in close proximity to any public building, public
park or grounds, business buildings or residences without first
providing fully enclosed buildings for the storage of the same,
shall be deemed a public nuisance. It is specifically provided
that trash, garbage and refuse and trash, garbage and refuse
containers, barrels and cans must be obscured from view and
not accessible to scavenging animals. It is further specifically
provided that "Junk" as referred to in this chapter shall be
expressly deemed to include, without (imitation, any motor
vehicle that is incapable of operation under its own power. A
motor vehicle shall be presumed incapable of operation if it has
remained in one location for a period in excess of thirty days.
(Ord. 16(1968) § I (part); Ord. 15(1968) § i (part); Ord.
18(1966) 2(b).)
8.24.050 Depositing waste material.
The throwing, depositing, scattering by any person or the
permitting by any person of the throwing or scattering of any
waste or other material of any kind upon any sidewalk, street,
alley, public passageway, public park, open area or upon any
private properly within the town shall be deemed a public
nuisance. (Ord. I S(466) § 2(c).)
8.21060 Loudspeakers and sound trucks.
"Ilse playing, operation or use by any person within the
(00 91518) 124
PUBLIC NUISANCES
town of any loudspeaker, sound amplifier, radio or phonograph,
with loudspeaker or sound amplifier or any instrument of- any
kind or character which emits loud and raucous noises and is
attached to and upon any vehicle or upon or within any
building or structure shall be deemed a public nuisance, unless
the owner or user (hereof first applies to and receives
permission from the town council to operate any such device.
(Ord. 18(1966) S 2(d).)
8.24.070 Mufflers.
The operation of' a motor vehicle within the town which is
not at all times equipped with a muffler in good working order
upon the exhaust thereof and in constant operation to prevent
excessive or unusual noise, or the use by any person operating a
motor vehicle within the town of a cutout, bypass or similar
muffler elimination appliance shall be deemed a public
nuisance. (Ord. IS(1966) § 2(e).)
8.24.080 Ice and snow overhangs and accuniulatii~ns.
A. No owner, occupant or manager of any real property or
improvement thereon shall allow or permit ice or snow to
project or overhang from any roof, ledge or other part of
the structure or building, owned, managed or occupied by
him where the projection or overhang constitutes a hazard
or reasonable possibility that the ice or snow projection or
overhang (or water resulting therefrom) might fall, collapse
or drop onto 111\1 sidewalk, street, alley, public way, park
or any other publicly used way.
13. No owner, occupant or manager of any real property or
improvement thereon shall Mow or permit ice or snow to
accumulate on the roof or any other part of- the structure
or huilding owned, occupied or managed by him where
the accumulated ice or snow constitutes a hazard or
reasonable possibility of sliding off the building onto any
sidewalk, street, alley, public way, park or any other
publicly used way.
(Ord. 1)( 197S) I
l
125 (Vail 9-15-78)
HEALTH AND SAF TY
8.24.090 Ice on sidewalk or public passageway.
No property owner shall allow or permit dangerous ice
conditions to occur or continue on any sidewalks or any public
pedestrian passageways that are located on his property. (Ord.
1(1968) § I (part): Ord. 18(1966) 2(g).)
8.24.100 Creation of nuisance prohibited.
No person shall perform any act or acts constituting a
(V;ul 9-15-78) 126
f
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PUBLIC NUISANCI"S
nuisance under Sections 8.24.020 through 8.24.090, nor shall
any person create, keep, maintain, or allow or cause, to be
created, kept, maintained or to exist any nuismice set forth in
Sections 8.24.020 through 8.24.090, within the town. (Ord.
18(1966) § 3.)
8.24.1 10 Invesli,,ation-ilbatenient notice.
The town council or any person specifically authorized by
the council shall investigate. into every public nuisance within
the town, and the town council shall have the power to deliver a
request for abatement to any person or persons in control of
,Illy public nuisance. Any request for abatement delivered by
the town council shall be in writing and shall state the nature of
the nuisance or nuisances which are to be abated and shall
specify a reasonable time within which such nuisance or
nuisances are to be abated. It is the duty of any person or
persons in control of any public nuisance within the town to
abate the nuisance upon receiving a request for abatement from
the town council within the time specified in the request. (Ord.
18(1966) § 4.)
S. 24. 120 Abatement procedure.
In addition to or in place of proceeding under Section
8.24.1 10 against any person who is believed to have violated or
to be. violating any of the provisions of this chapter, the town
council may direct the town attorney to tiring an action in the
police. court for the town to abate and restrain any nuisance set
forth in Sections 8.24.020 through 8.24.090 within the town;
provided, that any action to abate and restrain any such
nuisance shall operate as a bar to any subsequent proceedings
under Section 8.24.110 for the violation of any of the
provisions of' this chapter where the violation occurred prior to
the action to abate or restrain the nuisance, and no testimony
viven by the. defendant at any hearing in an action to abate or
restrain the nuisance shall be admissible against him in any
proceeding under Section 8.24.1 10 instituted for any violation
ol' the provisions of this chapter occurring subsequent to the
hear111"'. (Ord. 15(1966) § 6.)
-I h - I (Vail9-15-78)
Title 9
Chapte
9.02
9.04
9.06
9.05
9.10
9.12
9.14
9.16
9.18
9.20
9.22
9.24
9.26
9.25
9.32
9.34
9.36
9.38
9.40
9.42
9.46
9.48
9.S0
9.52
PUBLIC PEACE, MORALS AND WELFARE'
rs :
L OFFENSES 13Y OR AGAINST PUBLIC
OFFICERS AND GOVERNMENT
Definitions
Assisting an Officer
Aid in Escape
Aid to an Offense
Resisting an Officer
Impersonating an Officer
Furnishing Weapons to Prisoners
False Reports
False Alarms
11. OFFENSES AGAINST THE PERSON
Assault
Larceny, Fraud and Related Offenses
It. OFFENSES AGAINST PUBLIC DECENCY
Window Peeping
Indecent Exposure
ProstitutiOrl
Drinking in Streets
Sales to Intoxicated Persons
IV. OFFENSES AGAINST PUBLIC PEACE
Unlawful Assembly
Drunk and Disorderly Conduct
Riots
Disturbing the Peace
V. OFFENSES AGAINST PROPERTY
Malicious Injury to Property
Trespassing
Posting Handbills
Restrictions on Use of Public Streets
129 (Vail 9-30-77)
PUBLIC PEACE, MORALS AND WELFARE
VI. CONSUMER PROTECTION
VII. OFFENSES BY OR AGAINST MINORS
9.54 Abandoned Iceboxes, Refrigerators and Containers
VIII. WEAPONS
9.56 Concealed Weapons
(Vail 9-30-77) 130
r
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DEFINITIONS
Article I
OFFENSES BY OR AGAINST PUBLIC
OFFICERS AND GOVERNMENT
Chapter 9.02
DEFINITIONS
Sections:
9.021.010 Peace officer.
9.02.010 Peace officer.
"Peace officer" as used in this title means the town marshal,
any police officer, special policemen, or other member of the
police department of the town; any county sheriff; any member
of the state police; any federal law enforcement agent; and any
deputy or assistant of any of them. (Ord. 12(1968) j I (part):
Ord. 17(1966) Art. 7 1.)
Chapter 9.04
ASSISTING AN OFFICER
Sections:
9.04.010 Required.
9.04.010 Required.
It is the duty of all persons within the town, when called
upon by any peace officer, to promptly aid and assist him in the
discharge of' his duties. It is unlawful for any person to refuse
such assistance when called upon. (Ord. 17(1966) Art. 7 § 2.)
131 (Vail 9-30-77)
PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.06
AID IN ESCAPE'
Sections:
9.06.010 Unlawful.
9.06.010 Unlawful.
It is unlawful for any person to aid, abet, or assist any
person to escape or attempt to escape from lawful confinement
or from the custody of any peace officer within the town. (Ord.
17(1966) Art. 7 § 3.)
Chapter 9.08
AID TO AN OFFENSE4
Sections:
9.08.010 Aiding and abetting.
9.08.010 Aiding and abetting.
It is unlawful for any person, with the intent to promote or
facilitate the commission of an offense or violation of any
provision of the town code, to aid, abet, counsel, advise or
encourage any other person in planning or committing such
offense or violation. (Ord. 21(1977) § 1.)
(Vail 9-30-77) 132
/
lU`SISTl NG AN 01--l Iff k
Chapter 9.10
RESISTING AN OFFICER'
Sections:
9.10.010 Resisting arrest.
9.10.020 Obstructing a peace officer.
9.10.010 Resisting arrest.
It is unlawful for any person within the town to
intentionally prevent or :attempt to prevent any peace officer,
acting under color of his oflicial authority, from effecting an
arrest of the person by the use or threat of physical force or
violence against the police officer or by the use of any other
means which creates a substantial risk of causing; physical injury
to the peace officer. (Ord. 21(1977) C 1)
9.10.020 Obstructing a peace officer.
It is unlawful for any person within the town to
intentionally use or threaten to use violence, force or physical
interference to obstruct, impair or hinder the enforcement of
the provisions of' this code or the presciwation of the peace by a
peace officer acting under color of his official authority, or
intentionally obstruct, impair or hinder the prevention, control,
or abatement of lire by a fireman acting under color of his
oflicial authority. (Ord. 21(1977) 3.)
133 MO 9-3077)
Chapter 9.12
IMPERSONATING AN OFFICER `
Sections:
9.12.010 hnpersonating an officer.
9.12.010 Impersonating an officer. ,
It is unlawful for any person to falsely pretend to be a peace
officer and perform an act in that pretended capacity. (Ord.
21(1977) § 4.)
Chapter 9.14
FURNISHING WEAPONS TO PRISONERS'
Sections:
9.14.010 Unlawful.
9.14.010 Unlawful.
It is unlawful for any person to furnish or attempt to
furnish or take into jail or to deliver or attempt to deliver to
any prisoner confined therein, or in the custody of any officer,
any weapon, tool, intoxicating liquors, drug or other article
without the consent of the law enforcement officer in charge.
(Ord. 17(1966) Art. 7 § 7.)
(Vail 9.30-77) 134
' y
Chapter 9.16
FALSE REPORT'Ss
Sections:
9.16.010 Unlawful.
9.16.010 Unlawful.
It is unlawful for any person wilfully to give or make, or
cause to be given or made, in any manner, any false report to
any police officer of the town or to any person authorized to
receive reports in behalf of the police of the town. (Ord.
10( 1968) § 1 (part Ord. 17(1966) .Art. 7 § 8.)
Chapter 9.18
FALSE ALARMS
Sections:
9.18.010 Unlawful.
9.18.010 Unlawful.
It is unlawful for any person to wilfully give or make or
cause to be given or made in any manner a false alarm of fire,
avalanche, missing person or other emergency or disaster. (Ord.
17(1966) Art. 3 § 2.)
135
FALS1; REPORTS
(Vail 9.30-77)
PUBLIC PEACE, MORALS AND WELFARE
Article 11
OFFENSES AGAINST THE PERSON
Chapter 9.20
ASSAULT
Sections:
9.20.010 Assault and battery.
9.20.020 Reporting required.
9.20.010 Assault and battery.
It is unlawful for a person to purposely, knowingly or
recklessly cause or attempt to cause bodily injury to another
person. (Ord. 21(1977) § 5 (part).)
9.20.020 Reporting required.
It is the duty of the owner or manager of any premises
licensed by the town to serve, sell or dispense alcoholic
beverages or fermented malt beverages to report or cause to be
reported to the town police department all incidents involving
violations of Section 9.20.010 occurring within or upon their
premises within twenty-four hours of such incidents. (Ord. 21
(1977) § 5 (part).)
(Vail 9-30-77) 136
0 •
LARCI"NY, FRAUD AND Rl:l_.A"I fJD OF-l ENSES
Chapter 9.22
LARCENY, FRAUD AND RELATED OFFENSES9
Sections:
9.22.010
Definitions.
9.2
Larceny unlawful.
9.22.050
Deceptive use of ski facilities.
9.22.060
Using false ticket.
9.22.070
Makin, false ticket.
9.22.010 Definitions.
A. "Larceny" means to take or exercise control over property
of another having a value of less than one hundred dollars,
without authorization or by threat or deception, and:
1. With the intention to deprive the owner permanently of
the use or benefit of such property; or
2. To knowingly use, conceal or abandon such property in
a manner so as to deprive the owner permanently of its
Ilse or benefit; or
3. To use, conceal or abandon such property intending
that suchh use, concealment or abandonment will deprive
the owner permanently of its use and benefit, or
4. To demand any consideration for which one is not
legally entitled as a condition of restoring such property
to the owner.
B. "Recreational facility" means any golf coupe, tennis court
or any recreational property or any related property,
facility or thing whatsoever.
C. "Skiing facility" means any ski tow, ski lift, gondola, or any
related property, facility or thim, whatsoever.
D. "Skiing service" means service .rnd instruction offered or
provided by any ski instructor or ski school, and any service
offered or provided in connection with any skiing facility.
(Ord. 21(1977) 5 6.)
9.22.020 larceny unlawful.
It is unlawful for any person to commit larceny in the town.
i (Orel. 4(1967) Art. 1 § 1 (part).)
137 (Vail 9-30-77)
PUBLIC PEACH MORALS AND WELFARE
9.22.050 Deceptive use of ski facilities.
It is unlawful for any person within the town, knowingly to
obtain or attempt to obtain the use, benefit or enjoyment of
any skiing service or skiing facility or other recreational facility
by any false pretense, trick, or deceptive means, method or
device whatever. (Ord. 9(1968) § 1 (part): Ord. 4(1967) Art. 2
§ 1.)
9.22.060 Using false ticket.
It is unlawful for any person within the town knowingly to
possess, offer, use, present, sell or give away, any false,
simulated, bogus, spurious, sham, altered, forged, counterfeit,
defaced or mutilated ticket, token, pass, badge, pin or other
device which is not genuine and authorized for obtaining the
use, benefit, or enjoyment of any skiing service or skiing facility
or other recreational facility by the owner, proprietor, lessee,
licensee or operator of such skiing service or facility or other
recreational facility. (Ord. 9(1968) § 1 (part): Ord. 4(1967)
Art. 2 § 2.)
9.22.070 Making false ticket.
It is unlawful for any person within the town to knowingly
falsify, alter, forge, counterfeit, deface or mutilate any ticket,
pass, badge, pin or other device entitling the holder thereof to
the use, benefit or enjoyment of any skiing service or skiing
facility or other recreational facility, or to make or manufacture
any simulated, bogus, spurious, or sham ticket, token, pass,
badge, pin or other device purporting to entitle the holder
thereof to the use, benefit or enjoyment of any skiing service or
facility or other recreational facility. (Ord. 9(1968) § 1 (part):
Ord. 4(1967) Art. 2 § 3.)
(Vail 9-30-77) 138
9 i
WINDOW PEEPING
Article 111
OFFENSES AGAINST PUBLIC DECENCY
Chapter 9.24
WINDOW PEEPING
Sections:
9.24.010 Unlawful.
9.24.010 Unlawful.
It is unlawful for any person to trespass upon the property
owned or occupied by another in the town for the purpose of
looking or peeping into any window, door, skylight or other
opening in a house, room or building, or to loiter in a public
place for the pur>)ose of wrongfully observing the actions of the
occupants of a house, room or building. (Ord. 17(1966) Art. 4
§ 4.)
Chapter 9.26
INDECENT EXPOSURE10
Sections:
9.26.010 Indecent exposure.
9.26.010 Indecent exposure.
It is unl, wful for any person to intentionally expose his
genitals to the view of any person under circumstances in which
such conduct is likely to cause affront or alarm to the other
person. (Ord. 21 (1977) § 7.)
`3r
139 (V,iil 9-30-77)
PUBLIC PEACE, MORALS AND WELFARI?
-i
Chapter 9.28
PROSTITUTION"
Sections:
9.28.010 Prohibited conduct-Liquor licensed premises.
9.28.010 Prohibited conduct-Liquor licensed premises.
A. No licensee for the sale of spirituous, vinous or malt
beverages or 3.2 beer shall install, maintain or operate, or
permit the installation, maintenance or operation of, within
or upon the licensed premises, any gambling table,
establishment, device, machine, apparatus or other thing
contrary to this chapter or to the laws of this state or which
is kept or used for the purpose of gambling either directly
or indirectly. This chapter shall not be construed to prohibit
the use of bona fide amusement devices which do not and
cannot be adjusted to pay anything of value, and which may
not be used for gambling, directly or indirectly, and for the
scoring, achievement, use or operation of which no prize, -
reward or thing of value is offered or paid by any person.
B. Each licensee shall conduct his establishment in a decent,
orderly and respectable manner, and shall not permit within
or upon the licensed premises lewd or indecent displays,
profanity, rowdiness, undue noise, or other disturbance or
activity offensive to the senses of the average citizen, or to
the residents of the neighborhood in which the
establishment is located.
C. No licensee, manager or agent shall employ or permit upon
any liquor licensed premises, for consumption on the
premises any employee, waiter, waitress, entertainer, host or
hostess to mingle with patrons and personally beg, procure,
or solicit the purchase or sale of drinks or beverages for the
use of the one begging, procuring or soliciting or for the use
of any other employee.
D. No licensee, manager or agent shall permit upon any liquor
licensed premises for consumption on the premises anyone
to loiter in or about said premises for the purpose of
begging and soliciting any patron or customer of, or visitor
(v;,il 9-30-77) 140
A
•
PROSTITUTION
in, such premises to purchase any drinks or beverages of any
type or nature whatsoever, for the one soliciting or begging.
E. No licensee for retail sale by the drink of spirituous, vinous,
or malt bevera-cs or 3.2 beer shall permit any person or
persons to appear in a state of nudity or simulated nudity
within or upon the premises.
F. No licensee for retail sale by the drink of spirituous, vinous,
or malt beverages or 3.2 beer shall permit the showing of
film, still pictures, electronic reproduction, or other visual
reproductions depicting any act or live performance
prohibited by this section.
G. For purposes of this section, the following definitions shall
apply:
1. "Lewd or indecent displays" means performing acts of
or acts which Sn11111atC:
a. Sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation or any sexual
acts which are prohibited by law;
b. ]-he touching, caressing or fondling on the breast,
buttocks, anus or genitals,
c. The displaying of- the pubic hair, anus, vulva or
zmlitals:
d. The displaying of t11e post-pubertal human female
breast below a point immediately above the top of
the areola, or the displaying of the post-pubertal
human 1'emalC breast where. the nipple only or the
nipple and areola only arc covered.
"Nudity., nle.ans rlllcove.red, or Icss than opa<luely
covered, post-pubertal human genitals, pubic areas, the
post-pubertal human female hreast below a point
immediately above the top of the areola, or the covered
human male genitals in a discernibly turgid state. For
purposes of- this definition, a female breast is considered
uncovered if' the nipple only or the nipple and the areola
only are covered.
(Ord. 21(1977) 5 S.)
141 (Vail 9.30-77)
PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.32
DRINKING IN STREETS
Sections:
9.32.010 Prohibited.
9.32.010 Prohibited.
It is unlawful for any person to drink any malt, vinous, or
spirituous liquors upon any street, alley, sidewalk, or public
parking lot in the town or in any vehicle upon the street, alley,
sidewalk, or public parking lot in the town, except by written
authorization of the town council. (Ord. 170966) Art. 1 § S.)
Chapter 9.34
SALES TO INTOXICATED PERSONS"
Sections:
9.34.010 Prohibited.
9.34.010 Prohibited.
It is unlawful for anyone to sell, give, or dispense any
intoxicating beverage of any kind, including fermented malt
beverages, commonly known as 3.2 beer, to any person who is
visibly intoxicated, and it is the responsibility of anyone
licensed by the town and state to dispense any malt, vinous, and
spirituous liquor, as well as fermented malt beverages,
commonly known as 3.2 beer, to determine if any such person
is visibly intoxicated before selling, serving or delivering such
beverages to any such person. (Ord. 19(1971) § 3.)
I- V
4
( Vail 9-30-77) 142
UNLAWFUL ASSEMBLY
i
Article IV
OFFENSES AGAINST PUBLIC PEACE
Chapter 9.36
UNLAWFUL ASSEN1BLY13
Sectio lis:
9.36.010 Unlawful assembly.
9.36.010 Unlawful assembly.
It is unlawful for two or more persons to assemble together,
or being assembled together, to act in concert to commit, or
conspire to commit, any unlawful act. (Ord. 21(1977) § 9.)
Chapter 9.38
DRUNK AND DISORDERLY CONDUCT 14
Sections:
9.38.010 Disorderly conduct.
9.38.010 Disorderly conduct.
It is unlawful for a person to intentionally, knowingly or
recklessly:
A. Make a coarse and obviously offensive utterance in a public
place, and the language by its very utterance tends to incite
an immediate breach of the peace; or
B. Make a coarse, and offensive gesture or display in a public
place, and the gesture or display tends to incite an
immediate breach of the peace; or
C. Fight with another in a public place, except in an amateur
or professional contest of` athletic skill; or
D. Make an unreasonable noise in a public place or near a
143 (Vail 9-30-77)
i
PUBLIC PEACE, MORALS AND WELFARE
private residence that he has no right to occupy.
(Ord. 21(1977) § 10.)
9
Chapter 9.40
RIOTS 15
Sections:
9.40.010 'nimultuous and violent conduct.
9.40.010 Tumultuous and violent conduct.
It is unlawful for a person to participate with two or more
others in tumultuous and violent conduct which creates grave
danger of damage or injury to property or persons or
substantially obstructs the performance of any governmental
function. (Ord. 21(1977) § 11.)
Chapter 9.42
DISTURBING THE PEACE
Sections:
9.42.010 Harassment.
9.42.010 Harassment.
A. It is unlawful for a person to intentionally harass, annoy or
alarm another person by:
1. Insults, taunts or challenges to another in a manner
likely to provoke a violent or disorderly response; or
2. Following a person in or about a public place; or
3. Engaging in conduct or repeatCdly committing acts that
alarm or seriously annoy another person and that serve
no legitimate purpose; or
4. Initiating communication with a person, anonymously
(Vail 9-30-77) 144
MALICIOUS INJURY TO PROPERTY
or otherwise by telephone, in a manner intended to
harass or threaten bodily harm or property damage, or
making any comment, request, suggestion, or proposal
by telephone which is obscene; or
5. Making a telephone call or causing a telephone to ring
repeatedly, whether or not a conservation ensues, with
no legitimate conversation; or
6. Making repeated communications at inconvenient hours
or in offensively coarse language.
B. As toed in this section, unless the context otherwise
requires, "obscene" means a patently offensive description
of ultimate sexual acts or solicitation to commit ultimate
sexual acts, whether or not said ultimate sexual acts are
normal or perverted, actual or simulated, including
masturbation, cunAlingus, fellatio, analingus, or excretory
functions.
C. Any act prohibited by subdivision 5 of subsection A of this
section may be deemed to have occurred or to have been
committed at the place at which the telephone call was
either made or received.
(Ord. 21(1977) § 12, 1977.)
Article V
OFFENSES AGAINST PROPERTY
Chapter 9.46
MALICIOUS INJURY TO PROPERTY 16
Sections:
9.46.010 Criminal injury to property.
9.46.010 Criminal injury to property.
It is unlawful for any person intentionally to injure, deface,
mutilate, remove, pull down, break, or in any way interfere
145 (Vail 9-30-77)
PUBLIC PEACE, MORALS AND WELFARE
with, molest, desecrate or destroy any trees or real or personal
property belonging to or under control of the town or any
person within the limits of the town. (Ord. 21(1977) § 13.)
Chapter 9.48
TRESPASSING"
Sections:
9.48.010 Trespassing.
9.48.010 Trespassing.
It is unlawful for a person to enter upon any property
within the town owned or occupied by another without license
or privilege to do so, or to remain upon any such property after
having been requested to leave by the owner of the property or
by any person having charge of the property. (Ord. 21(1977) §
14.)
Chapter 9.50
POSTING HANDBILLS
Sections:
9.50.010 Restrictions.
9.50.010 Restrictions.
It is unlawful for any person to stick, paint or post any
handbill, poster or placard of any description upon any private
property within the town without the permission of the owner
of or occupant of the property; or for any person to stick,
paint, or post any handbill, poster or placard upon any post,
pole or other premises located upon the public buildings,
streets, alleys or sidewalks of the town without the permission
of the town council. (Ord. 17(1966) Art. 5 § 3.)
(Vail 9-30-77) 146
0 0
IUSTRICTIONS ON USH OF PUBLIC STRhETS
Chapter 9.5'
Sec lions:
9.52.010
9.52.020
9.5 2.030
9.5 2.035
9.5 2.040
R FSTR ICTIONS ON USE' OF
PUBLIC STREETS's
Blocking streets.
Skiniobiles.
Camping restrictions
Camping-Prohibited
Injuring street.
9-52.010 Blocking streets.
It is unlawful for any person or group of persons to ohstruct
or impede puhlic travel upon any public street, highway or
sidewalk or in any place of a public nature within the town, or
to interfere with the free and unobstructed use of a public
strcct, way, sidewalk or place by any other person or persons;
and it is the duty of any pcrson or group of persons to comply
with a rc(lucst of the nmyor, town marshal or any police officer
of the town to dishursc or to discontinue any obstruction or
till crferclice with the use of any public street, wav, sidewalk or
place within the town. (Ord. 17(1900 Art. 6 l.)
9.52.020 Skimobiles.
It is unlawful for any person or group of persons to operate
a skiniobilc, ski-horse, skidoo or other similar type of snow
vehicle upon ,my public street, way or sidewalk within the
town, except upon the written authorization of the town
council ;Ind under the conditions set forth by the town council.
(Ord. 17(1966 Art. 6 5 2.)
9.52.030 Camping restrictions.
It is unlawful for any person to sleep, spend the night, cook
or est;lblisli a place of abode in any vehicle, trailer, or camper
on ;Iny public street, way, sidewalk, or place within the town
except the main parking lot at Vail/Lionsl-lead, described as Lot
1 -to- I (Vail 9-15-78)
R1 STRIC"I'IONS ON USF OU PUBLIC STRFI,TS
1, Block 2, Vail/Lionsl-lead First riling, according to the
recorded plat of same filed with the town, which shall be the
only designated place for the temporary parking of such
vehicles referred to in this section. In no event shall any vehicle,
trailer or camper be parked or stored in the designated area for
a period in excess of ten days. (Ord. 17(1967) § I (part): Ord.
A 1`) W) Art. 6 § 3.)
9.52,03.5 Camping-Prohihited.
It is unlawful for any person to reside temporarily on any
parcel in the town not specifically designated therefor, for a
period longer than two nights in any ten(, shelter, mobile home,
recreational vehicle, trailer, or any other temporary or movable
shelter that has not been permanently attached to the land
and/or received appropriate approvals from the town. (Ord.
1 A 1975) § 1.)
9.52.040 Injuring street.
It is unlawful for any person to operate tractors with !it,,
wheels, or any vehicle with %%'heels injurious to paVC1nCnts, upon
the paved public streets in the town unless the operator first
makes adequate provision to protect the streets and receives
approval from the town marshal for the method of protection.
(Ord. I So 971) § 1 (part): Ord. 17(1966) Art. 6 § 4.)
VV
%I
147 00094518)
PU1111 MORALS AND WELFARE
Article V1
CONSUMER PROTECTION
(RESERVED)
;Article VII
OFFENSES BY OR AGAINST MINORS
Chapter 9.54
ABANDONED ICEBOXES, REFRIGERATORS
AND CONTAINERS
Sections:
9§4110 Restrictions.
9.54.010 Restrictions.
It is unlawful for any person to leave or permit to remain
outside of any dwelling, building, or other structure, or within
any unoccupied or abandoned building, structure or dwelling
under his control, within the town, in a place accessible to
children, any abandoned, unattended or discarded icebox,
refrigerator, or other container which has a door or lid,
snaplock or other locking device which may not be released
from the inside without first removing the door or lid, snaplock
or other locking device. (Ord. 170966) AN. I § 6.)
d
KO i 91548) 148
WEAPONS
Article VIII
WEAPONS
Chapter 9.56
CONCEALED WEAPONS'9
Sections:
9.56.010 Concealed weapon.
9.56.010 Concealed weapon.
It is unlawful for any person, without legal authority to do
so, to wear under his clothes or conceal about his person, or to
display in a threatening manner, any dangerous or deadly
weapon within the town. A town peace officer is authorized
and empowered to conduct a limited search of a person for the
purpose of determining the existence of such a weapon when he
Iras reasonable grounds to believe that the individual is armed
and dangerous and that such action is necessary in order to
protect himself or others. Any weapon so found shall be
confiscated and turned over to the chief of police for
disposition. (Ord. 21(1977) § 15.)
149 (vain 9-10-77)
PUBLIC PEACE, MORALS AND WELFARE
TITLE 9 FOOTNOTES
1. For provisions concerning nuisances, see Ch. 8.24 of this
code.
2. For statutory provisions regarding refusal to aid a peace
officer, see C.R.S. 1973 § 18-8-107.
3. For statutory provisions regarding escape and offenses
relating to custody, see C.R.S. 1973 Title 18, Art. 8, Part 2.
4. For statutory provisions regarding accessories to crime, see
C.R.S. 1973 § 18-8-105.
5. For statutory provisions regarding resisting arrest, see C.R.S.
1973 § 18-8-103; for provisions regarding obstructing a
peace officer, see C.R.S. 1973 § 18-8-104.
6. For statutory provisions regarding impersonating a police
officer, see C.R.S. 1973 § 18-8-112.
7. For provisions regarding escape and offenses relating to
custody, see C.R.S. 1973 Title 18, Art. 8, Part 2.
8. For statutory provisions regarding false reports, see C.R.S.
1973 § 18-8-111.
9. For statutory provisions regarding fraud, see C.R.S. 1973
Title 18 Art. S; for statutory provisions regarding theft, see
C.R.S. 1973 Title 18, Art. 4, Part 4.
10. For statutory provisions regarding public indecency, see
C.R.S. 1973, Title 18, Art. 7, Part 3.
11. For statutory provisions regarding prostitution, see C.R.S.
1973 18-7-201 - 18-7-208; for statutory provisions
authorizing municipalities to suppress bawdy and disorderly
houses and houses of ill fame or assignation within the
limits of the city or town or within three miles beyond, see
C.R.S. 1973 § 31-21-101(52).
(Vail 9-30-77) 150
TITLE 9 FOOTNOTI S
12. For statutory provisions concerning the sale of intoxicating
beverages to intoxicated persons, see C.R.S. 1973
12-47-124(6).
13. For statutory provisions regarding riots, see C.R.S. 1973
18-9-101 - 18-9-105.
14. For statutory provisions regarding disorderly conduct, see
C.R.S. 1973 § 18-9-106.
15. For statutory provisions regarding riots, see C.R.S. 1973 §
15-9-101 ct seq.
16. For statutory provisions regarding trespass, tampering, and
criminal mischief, see C.K.S. 1973 Title 18, Art. 4, Part 5.
17. For statutory provisions regarding trespass, tampering, and
criminal mischief, see C.R.S. 1973 Title 18, Art. 4, Part 5.
18. For statutory provisions concerning the power of cities and
towns to regulate and improve streets, alleys and avenues,
sec C.R.S. 1973 ti 31-12-101('20).
19. For statutory provisions relating to firearms and weapons,
see C.K.S. 1973 18-12-101 - 18-12-108.
n
151