Loading...
HomeMy WebLinkAboutTown Code Chapter 10-2002 CHAPTER 10 HEALTH AND SANITATION Article10-1 DUMPING AND TRANSPORTATION OF GARBAGE ORAGGREGATE MATERIAL Section 10-1-1 Definitions A. "Aggregate material" means any rock fragments, pebbles, sand, gravel, cobbies, crushed base, asphalt, dirt or similar material. B. "Closed container" means a container designed for transporting loose material such as garbage, refuse or aggregate material, with sides, top and bottom made of solid and durable material, such as metal or plastic, which will resist normal wear and tear, and without any holes, cracks or openings through which materials contained therein may escape, regardless of the degree to which the container is filled. C. "Enclosed cargo area" means a part of a vehicle designed for carrying objects or materials, with all of the following characteristics: 1. Bottom and vertical sides made of solid and durable material, such as metal or plastic, which will resist normal wear and tear, and without any holes, cracks or openings through which materials contained therein may escape, regardless of the degree to which the cargo area is filled; 2. A tailgate or equivalent device; 3. Seals on any opening used to empty a load from the cargo area, including bottom dump gates and tailgates, sufficient to prevent material from escaping; and 4. A cover or tarpaulin covering the top of the cargo area, securely fastened so as to prevent the covering orload from becoming loose, detached or in any manner a hazard to other users of the roadway, public thoroughfare or right- of-way. "Enclosed cargo area" shall not include any part of a vehicle's cab or passenger compartment, nor shall it include frame rails, fenders or decks of Iow beds or flat beds. D. "Garbage or refuse" means any rubbish, trash, weeds, filth or debris which constitutes a hazard to public health and safety. "Garbage or refuse" includes, but is not limited to, all putrescible and nonputrescible solid wastes including garbage, trash, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial waste, any clippings of brush, grass, or weeds, and any debris, rubbish or other unsightly or unsanitary matter of any kind whatsoever. Marana Town Code 1 0-1 MARANA TOWN CODE rev. 2002 Section 10-1-2 Transportation of garbage or aggregate material A. It shall be illegal to transport garbage, refuse, aggregate mateda~ or like material within the town limits in an open vehicle unless the material is in a closed container or in an enclosed cargo area. B. Vehicles transporting the following materials are not required to be equipped with a cover or tarpaulin: 1. Loads composed solely of asphalt. 2. Loads composed solely of pe~oleum coke, if loaded with a chemical surfactant (surface active agent) designed to prevent blowing, spilling or escaping. 3. Aggregate materials loaded so that no portion ofthe load contacts the sides of the cargo area closer than six inches from the top of the sides and no portion of the load crowns or peaks above the top of the sides of the cargo area. C. No vehicle shall be driven or moved on any roadway withh the town limits unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, or otherwise escaping therefrom, except thatsand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway. D. Vehicles transporting aggregate material within the town limits shall be equipped with the following equipment: 1. Splash flaps behind every tire or set of tires. 2. Fenders that cover the tops and treads of tires beginning at the top of the splash flap and extending at least six inches forward of the top center of the axle. No gap is permitted between the fender and splash flap. Tandem axles may be covered by a single fender and splash flap. E. Vehicles transporting garbage, refuse or aggregate material within the town limits and equipped with a bottom dump gate shall be equipped with the following equipment: 1. Shed boards designed to prevent material deposit on the vehicle body during top loading. 2. A center flap behind the bottom dump gate, which may be located either directly behind the gate, or to the rear of the rear axle and in line with the splash flaps. The outside edge of the center flap shall not extend more than one inch from the sidewall of the adjacent tire. The center flap shall be a minimum of 24 inches in height and shall be within 5 inches of the roadway surface. Marana Town Code 1 0-2 MARANA TOWN CODE rev. 2002 F. Vehicles with cargo areas comprised of full rigid enclosures are exempt from the requirements of subsection E of this section. [Amended by Ord 2002-06; to becomeeffective August 1, 2002]. Section 10-1-3 Illegal dumping A. A person who dumps, deposits, places, throws or leaves refuse, rubbish, debris, filthy or odoriferous objects, substances or other trash on any town mad, public thoroughfare, public airport, the right-of-way to a town read, public thoroughfare or public airport within twenty (20) yards of a town road, public thoroughfare or public airport is guilty of a dass three (3) misdemeanor. B. The goveming body of the town shall cause signs to be erected at suitable intervals on roadways, public thoroughfares, public airports, andrights-of-way within the town limits, including public parks, informing the public that it is unlawful to commit the acts prohibited by this section. C. No person shall throw or deposit litter on any public place or private premises within the town, whether owned by such person or not, except that the owner or person in control of private premisesmay maintain authorized private receptacles for refuse in such a manner that litter will be prevented from behg carried or deposited by the elements upon any public place. D. Any person violating the provisions of this section shall be liable for any costs assessed for removal of such litter. E. Authority to Enforce this section is given to the law enforcement agency that holds jurisdiction over the areas within the Town of Marana. if a dass three (3) misdemeanor is committed as provided in this section from a motor vehicle or aircraft, the presumed offender is the driver of the vehicle or pilot of the aircraft. F. The town manager shall enforce the provisions of section 10-1-3 by prosecuting violators in the Marana Municipal Court pursuant to the provisions of this code. If such prosecution fails to secure compliance with the provisions of said sections, or in the event of inability to prosecute violators by reason of failure to secure jurisdiction over their persons, the manager shall compel the removal of litter by the procedure outlined in article 10-2 of the Marana Town Code. [Adopted by Ord. No. 98.1~] Article 10-2 REMOVAL OF LITTER Section 10-2-1 Definitions A. In this article, unless the context otherwise requires: 1. "Litter" means any rubbish, trash, weeds, filth or debris which constitute a hazard to public health and safety and shall include all putrescible and Marana Town Code 10-3 MARANA TOWN CODE rev. 2002 nonputrescible solid wastes inclucling garbage, trash, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial waste, any deposit, accumulation, pile or heap of brush, grass, debris, weeds, cans, cloth, paper, wood, rubbish or other unsightly or unsanitary matter of any kind whatsoever, and any growth of weeds, brush, grass or other vegetable growth to a height of over six inches. 2. vate premises means any dwelling, house, building or other structure, Pr' ' " including those designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibules belonging or appurtenant to such dwelling, house, building or other structure. 3. UD~ c place means any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings. [Adopted by Ord. No. 96.15] Section 10-2-2 Lifter on private premises or public place No person shall dump, throw or deposit litter on any public place or private premises within the town, whether owned by such person or not, except that the owner or person h control of private premises may maintain authorized private receptaclee for refuse in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place. Any person violating the provisions of this section shall be liable for any costs assessed for removal of such litter. [Adopted byOrd. No. 96.15; revised by Ord. No. 98.14.] Section 10-2-3 Owner to maintain premises The owner or person in control of any private premises shall at all times maintain the premises free of litter, provided that this section shall not prohibit the storage of refuse in suitable containers. [Adopted by Ord. No. 96.15] Section 10-2..4 Procedure to compel removal of litter The town manager shall enforce the provisions of sections 10-2-2 and 10-2-3 by prosecuting violators in the Marana municipal court pursuant to the provisions ofthis code. If such prosecution fails to secure compliance with the provisions of said sections, or in the event of inability to prosecute violators by reason of failure to secure jurisdiction over their persons, the manager shall compe~ the removal of litter by the procedure outlined in sections 10-2-5 through sections 10-2-9, 10-4-2. [Adopted by Ord. No, 96,15J Marana Town Code 10-4 MARANA TOWN CODE rev. 2002 Section 10-2-5 Notice to remove To compel the removal of litter through the provisions of this article, if a person owning or controlling any private premises fails, neglects or refuses to remove or properly dispose of litter located on private premises owned or controlled by such person, he or she shall be given written notice by the manager to remove all litter from such private premises within thirty days from the date set on the notice for compliance. Such notice shall be given not less than thirty days before the date set thereon for compliance and shall contain an estimate of the cost of removal by the town, a statement that unless the person owning or controlling such private premises complies therewith within thirty days from the date of compliance on such written notice, that the town wJl~, at the expense of the person owning or contrellhg said private premises, perform the necessary work at a cost not to exceed the estimate given in the notice, and that such person mayappeal in writing tothe council within thirty days from the date of compliance on the notice. [Adopted by Ord. No. 96.15] Section 10-2-6 Service of notice The notice to remove set forth in section 10-2-5 shall be personally served on the owner or person controlling such private premises, by any dulyauthorized official of the town in the manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, or mailed to the owner or person contrelling such private premises at his last known address by certified or registered mail, or the address to which the tax bill for the property was last mailed. If the owner does not reside on such property, a duplicate notice shall also be sent by certified or registered mail at his or her last known address. [Adopted by Ord. No. 96.15] Section 10-2-7 Appeal to council Prior to the date set for compliance on the notice to remove, the ovmer or person controlling such premises may appeal in writing to the council from the demand of the manager. The council shall, within thirtydays after receiving the appeal, hear and determine the same and the decision of the council shall be final. The council may either affirm or reverse the decision of the manager or modify the scope of the work as required in the notice. No action shall be taken by the town, until the council has heard and determined al matters contained in the notice of appeal. [Adopted by Ord. No. 96.15] Section 10-2-8 Removal by town When any such person to whom a notice to remove has been given, and on or before the date of compliance on the notice or within such further time as may have been granted by the council on appeal, fails, neglects or refuses to move from such private premises any or all litter, the manager is authorized and directed to cause same to be removed and disposed of at the expense of the owner or person control ring such private premises. Upon completion of the work, the manager shall prepare a verified statement of accour~ of the Marana Town Code 1 0-5 MARANA TOWN CODE rev. 2002 actual cost of such removal or abatement, the date the work was completed, and the street address and the legal description of the property on which said work was done, including five percent for additional inspection and other incidental costs in connection therewith, and shall serve a duplicate copy of such verified statement upon the person owning or controlling such property in the manner prescribed in section 10-2-6. The owner or person controlling such private premises shall have thirty days from the date of service upon him or her to appeal in writing to the council from the amount of the assessment as contained in the verified statement. If an appeal is not filed with the clerk within such thirty day period, then the amount of the assessment as determined by the manager shall become final and binding. If an appeal is taken, the council shall, at its next regular meeting, hear and determine the appeal and may affirm the amount of the assessment, modify the amount thereof, or determine that no assessment at all shal~ be made. The decision of the council shall be final and binding on all persons. [Adopted by Ord. No. 96.15] Section 10-2.-9 Lien for removal If no appeal is taken from the amount of the assessment, or if an appeal is taken and the council has affirmed or modified the amount of the assessment, the original assessment or the assessment as so modified shall be recorded in the office of the county recorder and, from the date of its recording, shall be a lien on said lot or tract of land until paid. Such liens shall be subject to and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under the provisions of this section shall be made upon judgment of foreclosure or order of sale. The town shall have the right to bring an action to enforce the ien in the superior court at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its vaJidity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the recording thereof. A prior assessment for the purposes provided in this article shall not be a bar to subsequent assessments for such purposes, and any number d liens on the same lot or tract of land may be enforced in the same action. [Adopted by Ord. No. 96.15] Article 10-3 SEWAGE SLUDGE Section 10-3-1 Residential areas The use of land within lhe town that is within one-quarter mile of a human residence that is also within the town for the application of or injection of sewage sludge to the su-[ace or within eight inches of the surface shall be prohibited, except where said residenceis owned by the owner of the land where sludge is to be applied or injected or where a written waiver has been obtained from the resident or owner of the residence and where said waiver has been filed with the town clerk. [Adopted by Ord. No. 96,15] Marana Town Code 10-6 MARANA TOWN CODE rev. 2002 Section 10-3-2 Flood plain areas The use of land within the designated flood plah of the Santa Cruz River as defined by the town zoning ordinance or development code for the application of or injection of sewage sludge within eight inches of the surface shall be prohibited. [Adopted by Ord. No. 96.1~ Section 10-3-3 Other areas The use of any other land within the town for the application of or injection of sewage sludge to the surface or within eight inches of the sur[ace shall be in accordance with standards and regulations of the United States Environmental Protection Agency, the Arizona Department of Health Services and the Pima County Health Department for the protection of those who may work on said land and for those who may use such land at a later time for purposes other than the growing of crops or other agricultural purposes, including residential, commercial, hdustrial and public land uses. [Adopted by Ord. No. 96,15~ Section 10-3-4 Reporting requirements Any use of land within the town for the application or injection of sewage sludge shall be reported to the town clerk upon the initiation of such land use at each site approved by the Arizona Department of Health Services, in accordance with the regulations of the State of Arizona and the PJma County Department of Wastewater Management. [Adopted by Ord. No. 96.15J Section 10-3-5 Enforcement Enforcement of this article shall be the responsibility o~ the town planning and zoning administrator, but other bw enforcement officers of the town may be called upon to enforce its provisions from time to ti'ne. [Adopted by Ord. No. 96.15J Article 10-4 TRAVEL REDUCTION CODE Section 10-4-1 Purpose The purpose of this article, recognizing that motor vehicles are the single greatest contributor to air pollution, is to improve air quality and reduce traffic congestion within the incorporated and unincorporated areasof Pima County byincreasing alternate mode usage and reducing overall motor vehicle travel for commute trips. This article shall establish a basis for a cooperative effort of the local jurisdictions to achieve a uniform program for reduction of work related trips by employees working for major employers subject to this regulation. Marana Town Code 1 0-7 MARANA TOWN CODE rev. 2002 [Adopted by Ord. No. 96.15~ Section 10-4-2 Definitions A. The following definitions shall apply unless the context clearly indicates otherwise. 1. "Airshed" means that area delineated on the map attached as Map 10-4-2(A) (1). 2. "Alternate Mode" means any mode of commuter transportation other than the single occupancy motor vehicle. 3. "Approvable Travel Reduction Plan" means a plan submitted by a major employer that meets the requirements as set forth in section 10-4-5 4. "Carpoor' or "Vanpool" means two or more persons traveling in a light duty vehicle (car, truck or van) to or from work. 5. "Commuter Trip" means a trip taken by an employee to or from work within the airshed. 6. "Commuter Matching Service" means any system, whether it uses computer or manual methods, which assists in matching employees for the purpose of sharing rides to reduce drive alone travel. 7. "Employer" means a sole proprietor, partnership, cooperation, unincorporated association, coopera~ve, jointventure, agency, department, district or other individual or entity, either public or private, that employs workers. See also "Major Employer" and "Voluntary Employer". 8. "Full Time Equivalent (FTE) employees" means the number of employees an employer would have if the employer's work needs were satisfied by employees working forty hour work weeks. The number of full time equivalent employees for any employer is calculated by dividing the total number of annual work hours paid by the employer, by 2080 work hours in a year. 9. "Local Jurisdictions" includes Pima County, City of Tucson, Town of Marana, Town of Oro Valley, Town of Sahuarita and City of South Tucson. 10. ajor ~-mployer' means an employer who employs one hundred or more full time equivalent employees at a work site during a twenty-four hour period for at least 6 months during lhe year. 11. "Mode" means the type of conveyance used in transportation including single occupancy motor vehicle, rideshare vehicle (carpool or vanpool), transit, bicycle, and walking. 12. "Motor Vehicle" means any vehicle propelled by a motor; including car, van, bus, motorcycle, and all o~her motorized vehicles. Marana Town Code 1 0-8 MARANA TOWN CODE rev. 2002 13. Publ'c Agency' means any polibca subd vision of this state and any board, commission or agency thereof. 14. "Public Interest Group" means any nonprofit group whose purpose is to further the welfare of the community. 15. "Regional Program" means the combination of all implemented plans within the airshed combination. 16. aesnarmg means transportation of more than one person for commute "Ri ..... purposes, in a motor vehicle, with or without the assistance of a commuter matching service. 17. "Transit" means a bus or o~her public conveyance system. 18. "Transportation Coordinator" means a person designated by an employer, property manager, or transportation management association as the lead person in developing and implementing a travel reduction plan. 19. "Transportation Management Association" (TMA) means a group of employers or associations formally organized to seek solutions for transportation problems experienced by the group. 20. "Travel Reduction Plan" means a written report outlining travel reduction measures which will be submitted annually by each major employer. 21. "Travel Reduction Program" means a program, implementing a travel reduction plan by an employer, designed to achieve a predetermined level of travel reduction though various incentives and disincentives. 22. "Travel Reduction Program Regional Task Force" means that task force established pursuant tothe intergovernmental agreement to be entered into by the local jurisdictions. 23. "Vanpool" see "Carpoor'. 24. "Vehicle Occupancy" means the number of occupants in a motor vehicle including the driver. 25. "Vehicle Miles Traveled" (VMT) means the number of miles traveled by a motor vehicle for commute trips. 26. "Work Site" means a building or any grouping of buildings located within the Town of Marana which are on physically contiguous parcels of land or on parcels separated solely by private or public roadwaysor rights-of-way, and which are owned or operated by the same employer. B. As utilized in this article, the following shall have the indicated meanings. 1. PAG - Pima Association of Government Marana Town Code 1 0-9 MARANA TOWN COOE rev. 2002 2. TMA- Transportation Management Association 3. TRO- Travel Reduction Ordinance and Code 4. TRP- Travel Reduction Program 5. VMT- Vehicle Miles Traveled [Adopted by Oral, No. 96.15] Section 10.4-3 Jurisdiction/lead agency A. The town council of the Town cf Marana shall evaluate major employers' TRP plans received from the TRPtask force. The lead agency shall have 45 days to object to any such plan received, othe~vise the plan is automatically approved. Any such objection shall be based upon the criteria set forth in section 10-4-5. If the lead agency objects, the plan is not approved and shall be returned tothe TRP task force with appropriate comments for review and revision in consultation with the employer. B. The lead agency shall receive recommendations for enforcement from the TRP task force. The lead agency shall take such action as it deems necessary. [Adopted by Ord. No. 96.15] Section 10.44..4 Applicability; voluntary participation A. The provisions of this code shall apply to all major employers. B. Employersor groups of employers with less than 100 full time equivalent employees at a single work site are encouraged to participate in data collection and information dissemination efforts and in the preparation of their own travel reduction plans on a voluntary basis. These groups shall be assisted by the TRP task force, the TRP technical advisory committee and TRP staff, and sharl be eligible for participation in all programs and services. Groups of employers are encouraged to form transportation management associations. [Adopted by Ord. No. 96.15] Section 10-4-5 Requirements for employers A. In each year of the regional program each major employer shall: 1. Provide each regular employee with information on alternate mode options and travel reduction measures including, but not limited to: Sun Tran bus routes and schedules, the RideShare program, and bicycle routes. This information shall also be provided to new employees at the time of hiring. Marana Town Code MARANA TOWN CODE 10-1 0 rev. 2002 2. Participate in a survey and reporting effort, forms for which will be provided by the TRP task force. The results of this survey shall form a baseline against which attainment of the targets in this sectbn shall be measured as follows: i. The baseline for participation in alternative modes of transportation shall be based on the total number of employees. ii. The baseline for VMT shall be the average VMT per employee for employees not residing on the work site. 3. Prepare and submit a Travel Reduction Plan for submittal to TRP staff and presentation to the TRP Task Force. TRP staff will assist in preparing the Plan. Major Employers shall submit plans within nine weeks after they receive survey data results. The Plan shall contain the following elements. i. The name of the designated Transportation Coordinator. ii. A description of employee information programs and other Travel Reduction Measures which have been completed in the previeus year. iii. A description of travel reduction measures to be undertaken by the major employer i3 the coming year. The following measures may be included: (1) A commuter matching service, in addition to or coordinated with PAG's RideShare program, to facilitate employee ridesharing for work trips. (2) Provision of vans for vanpooling. (3) Subsidized carpooling or vanpooling which may include payment for fuel, insurance or parking. (4) Use of company vehicles for carpooling. (5) Provision of preferen~al parking for carpool or vanpool users which may include close-in parking or covered parking facilities. (6) Cooperation with Sun Tran or other transportation providers to provide additional regular or express service buses to the work site. (7) Subsidized bus fares. (8) Construction of special loading and unloading facilities for transit and carpool and vanpool users. Marana Town Code MARANA TOWN CODE 10-11 re~,.2oo2 (9) Cooperation with local jurisdictions to construct walkways or bicycle routes to the work site. (10) Provision of bicycle racks, lockers, and showers for employees who walk or bicycle to and from work. (11) Provisions of special information center where information on alternate modes and other travel reduction measures will be available. (12) Establishment of a work-at-home program, full or part time, for employees. (13) Establishment of a program of adjusted work hours which may include compressed work weeks and employee- selected starting and stopping hours. Work hour adjustments should not interfere with or discourage the use of ridesharing and transit. (14) Establishment of a program of parking incentives and disincentives; such as a fee for parking and/or a "rebate" for employees who do not use the parking facility. (15) Incentives to encourage empbyees to live closer to work. (16) Implementation of other measures designed to reduce commute trips such as the provision of day care facilities or emergency taxi services. 4. An approvable travel reduction plan shall meet all of the following criteria: i. The plan shall designate a transportation coordinator. ii. The plan shall describe a mechanism for regular distribution of alternate mode transportation hformation to employees. iii. For employers who in any year, meet or exceed annual regional targets for travel reduction, the plan shall accurately and completely describe current and planned travel reduction measures. iv. For employers who, in any year, fall below the regional targets for travel reduction, the plan shall i~clude commitments to implement: (1) At least two specific travel reduction measures (such as those described in section 10-4-5 (A) (5) of this article) in the first year of the regional program. Marana Town Code MARANA TOWN CODE 1 0-12 rev. 2002 (2) At least three specific alternate modes incentives programs (such as those described in section 10-4-5 (A) (5) of this article) in the second year of the regional program. v. After the second year, the travel reduction program task fome shall review the travel reduction programs for employers not meeting regional targets and may recommend additional measures. 5. Employers shall implement all travel reduction measures considered necessary by the task force to attain the following target employee participation in alternate modes or commuter trip VMT Reductions per regulated work site: i. 15% of the total employee pool in the first year of the regional program. ii. 20% of the total employee pod in the second year of the regional program. iii. 25% of the total employee pool in the third year of the regional program. 6. After the third year of the regional program, either: i. An increase in employee participation in alternate modes d 1% per year for each subsequent year until 40% of all commute trips are made by alternate modes; or: ii. Alternatively, a reduction in average annual VMT per employee of 1.5% per year can be selected by a major employer after a 25% alternate mode or commuter trip VMT reduction usage is achieved. [Adopted by Ord, No. 96.15] Section 10-4-6 Variance and appeals A. Variances 1. The TRP task force shall serve as a hearing bcerd for major employers requesting variances from all or part of TRP ordinance requirements and/or travel reduction plan scheduling. 2. Any major employer wishing a variance form any of the requirements of this chapter shall make written application to the TRP task force which will determine whether to recommend the variance. The recommendation will be forwarded within forty-five days to lead Agency which will or will not authorize the variance. Request for variances shall be finally approved or disapproved within 90 days of the filing of a request by an employer. B. Appeals Marana Town Code MARANA TOWN CODE 10-13 rev. 2OO2 1. Any affected major employer may appeal a decision of the lead agency to authorize or withhold variances or a decision of the lead agency regarding enforcement or other provision of this article. 2. The town council will hear and decide the appeal. If the decision is to disapprove the plan, the plan shall be returned to the TRP task force for review and revision or to the lead agency for appropriate action. [Adopted by Ord. No. 96.15] Section 10-4-7 Enforcement A. The lead agency, upon determining an substantial violation of this code, shall request the town attorney to take appropriate legal action. B. Violations of any of the following requirements may subject a major employer to enforcement actions. 1. Failure to collect or supply information requested by the TRP task force. 2. Failure to disseminate information on alternate modes and other travel reduction Measures as specified herein. 3. Failure to designate a transportalJon coordinator. 4. Failure to submit an approvable travel reduction plan. 5. Failure to implement an approved plan within the time schedule provided or failure to per[orm a revision of a plan as required by the TRP task force. C. Failure by a major employer to meet travel reduction goals as defined in sectbns 10-4-5 (7) and (8) shall not constitute a violation provided that the major employer is attempting in good faith to meet the goals. [Adopted by Ord. No. 96.15] Article 10-5 FIREWORKS PERMITS Section 10-5-1 Issuance of permits The town clerk is hereby authorized to issue permits for public displays of fireworks within the town limits, subject to compliance by the applicant with this article. Other than as set forth in this at, cie, the sale, use or possession of any fireworks within the town limits is unauthorized and unlawful. [Adopted by Ord. No. 96.15] Marana Town Code MARANA TOWN CODE 10-14 r~,.2oo2 Section 10-5-2 Application for permit Any person wishing to have a public display of fireworks within the town limits must make written application for a fireworks permit to the town clerk, on a form to be prescribed by the town clerk, not less than fifteen days prior to the date of the fireworks display. [Adopted by Ord. No. 96.15] Section 10-5-3 Permit fee All applications for fireworks permits must include a non-refundable permit fee in the amount of $100.00 to cover the cost of investigating the appJication and processing of permits. This fee may be waived in the SOil discretion of the town clerk for non-profit corporations whose principal place of business is located within the town. [Adopted by Ord. No. 96.15] Section 10-5-4 Required information in application A. Each application for a fireworks permit shall hclude the following information: 1. The name, address, phone number and date of birth of the applicant. 2. The occupation, business address and business phone number of the applicant. 3. The date or dates that the public display of fireworks will be held, the times during which the public display of fireworks will be held, and the location from which the public display of fireworks will be held. 4. A complete description of the method, manner and handling of all fireworks, including but not limited to the storage prior to the public display, and the manner in which the public display will be held. 5. The name, address and phone number of the operator of the public display of fireworks, together with a full description of all of the operator's qualifications and experience to operate a pubic display of fireworks. 6. The exact type and number offireworks to be utilized at the public display. [Adopted by Ord. No. 96.15] Section 10-5-5 Investigation The town clerk shall cause an investigation to be conducted to determine, among other things, that the display is being handled by a competent operator, and that the display of fireworks is of such character and located in such an area that when the fireworks are discharged they will not be hazardous to property or endanger any person. Marana Town Code MARANA TOWN CODE 10-15 rev. 2OO2 [Adopted by Ord. No. 96.15J Section 10-5-6 Bond requirement After cons[derhg the potential danger to propertyand the proximity of the display to existing structures, the town clerk shall require a cash bond or surety bond issued by an insurance carrier licensed in the State of Arizona in the sum of not less than $500.00 nor more than $5,000.00, said bond to be issued to insure that payment be made for all damages which may be caused to persons or property by reason of the display. [Adopted by Ord. No. 96.15J Section 10.6-7 Permit non-transferable Any permit issued pursuant to this article is not transferable nor assignable, and shall be issued in the name of the applicant, with the competent operator of the fireworks display to be designated thereon, and shall specify and be limited to the specific location, times, number and types of fireworks as contained in the permit. [Adopted by Ord. No. 96.15J Article 10-6 PENALTIES Section 10-6-1 General Notwithstanding any criminal penalties as prescribed under Title 13, Arizona Revised Statutes, a violation of any portion of this chapter except as outlined below is a civil offense punishable by a civil sanction of no~ more than $500.00. Each day the violation continues shall constitute a separate and distinct offense. [Adopted by Ord. No. 96.15J Section 10-6-2 Violations In addition to the provisions for compelling removal listed in sections 10-2-5 through 10-2-9, a violatien of any provision of sections 10-2-2 or 10-2-3 is a class 2 misdemeanor. [Adopted by Ord. No. 98.1~] Section 10-6-3 Travel reduction A violation of any provision of article 10-4 of this chapter is a petty offense. Each day the violation continues shall constitute a separate and distinct offense. [Adopted by Ord. No. 96.15; Revised by Ord. No. 98.1 Marana Town Code MARANA TOWN CODE 10-16 rev. 2002