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HomeMy WebLinkAboutOrdinance 2008.08 Amending title 12 of the town code relating to temporary reduced speed limitsF. ANN RODRIGUEZ, RECORDER DOCKET: 13263 RECORDED BY: JCC PAGE: 1318 DEPUTY RECORDER 0305 PE2 of P~IAs -~ `91 O 0~~ NO . OF PAGES : SEQUENCE : ~ 3 20080510307 ~ li TOWN OF ~,~.~ ' ,~ 03/14/2008 MARANA ~ \ ORDIN 14:29 ATTN: TOWN CLERK "9RIZ01`ZQ' 11555 W CIVIC CENTER DR MAIL MP.RANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE N0. 2008.08 RELATING TO TRAFFIC AND HIGHWAYS; AMENDING TITLE 12 (TRAFFIC AND HIGHWAYS) OF THE MARANA TOWN CODE TO AUTHORIZE THE TOWN ENGINEER TO ESTABLISH TEMPORARY REDUCED SPEED LIMITS IN AREAS UNDERGOING ROADWAY CONSTRUCTION; PROVIDING PENALITES FOR VIOLATION; ADDING SECTION 12-2-12; RENUMBERING EXISTING SECTIONS 12-2-12, 12-2-13 AND 12-2-14; AMENDING RENUMBERED SECTION 12-2-15; AND DECLARING AN EMERGENCY. WHEREAS the Town Council finds that vehicles speeding in azeas of road construction increases the danger of physical injury to both the occupants of vehicles and to construction workers; and WHEREAS the Town Council finds that the Town's interest in protecting the welfaze of construction workers and occupants of motor vehicles is compelling; and WHEREAS the Town Council finds that authorizing the Town Engineer to establish temporary reduced speed limits within construction zones as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 12 of the Mazana Town Code is hereby revised by renumbering exist- ing Section 12-2-12 as Section 12-2-13, renumbering, existing Section 12-2-13 as Sec- tion 12-2-14, renumbering existing Section 12-2-14 as Section 12-2-15. SECTION 2. Title 12 of the Mazana Town Code is hereby revised by adding new Sec- tion 12-2-12, as follows: Section 12-2-12 Speed limits in areas undergoing roadway construction ~°°'~ ~r!; A. It shall be unlawful for a person to drive at a speed greater than the speed ICtl~~ posted in an area undergoing roadway construction. °` B. As used in this section, "roadway construction" means the construction, re- ~~`~'~ construction or maintenance of any road by town employees or any contractor ~~4 or subcontractor performing such construction, reconstruction or maintenance M~_ at the direction of the town. "F~'' C. The town engineer or the town engineer's authorized representative is hereby authorized to establish temporary reduced speed limits in areas undergoing roadway construction. The temporary reduced speed limits shall be imple- mented when the town engineer or the town engineer's authorized represen- {00007951.DOC /} - 1 - JF 2/8/08 3 tative determines, based on an engineering and traffic investigation, that the permanent speed limits in the area under construction are not reasonable and safe while the roadway construction is taking place. D. Any temporary reduced speed limit established by the town engineer or the town engineer's authorized representative shall be effective only for the dura- tion of the roadway construction. E. The temporary reduced speed limits shall be effective when all of the following has taken place: 1. A work order authorizing a temporary construction zone speed limit is signed by the town engineer or the town engineer's authorized representa- tive and filed in the town clerk's office. 2. Speed limit signs with the temporary reduced speed limit are erected in a clearly visible manner in the area undergoing construction. 3. The permanent speed limit signs in the area undergoing construction are temporarily removed, covered or turned. F. Any person found responsible for speeding in excess of a posted temporary reduced speed limit shall be fined $250 for each violation. No judge may suspend any portion of the fine prescribed in this paragraph. G. Any person found responsible for speeding in excess of the permanent posted speed limit in an area undergoing roadway construction where a tem- porary reduced speed limit has not been posted shall be fined $250 for each violation. No judge may suspend any portion of the fine prescribed in this paragraph. SECTION 3. Title 12 of the Mazana Town Code is hereby revised by amending renum- bered section 12-2-15 entitled "Violations -chapter 12-2; penalty" as follows (with deletions shown with s~ee~s and additions shown, with double underlinina): Section 12-2-14~ A. Any violation of chapter 12-2 shall be a civil traffic violation unless otherwise designated ~in this title or under state law B. Any person found responsible for a civil violation of chapter 12-2 shall be fined not more than $250 for each violation. ~~ ~~~a C. A person convicted of violating section 12-2-13 is guilty of a class 1 misde- ;a meanor. ''~ ,,; SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation V" of the peace, health and safety of the Town of Mazana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- ,~?~~ ately upon its passage and adoption. {00007951.DOC /} - 2 - JF 218818 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of March, 2008. ~`~_ Mayor Ed nea TO FORM: ATTEST: celyn ronson, Town Clerk _- $ a7Fit'f~.r ~ ~• ~~ °~ ~ ~~~~ieuuu-~~°°, {00007951.DOC /} - 3 - JF 2/808 ~cQ~~cO~ry~ OFFICIAL RECORDS OF ~8' ~5 1 PINAL COUNTY RECORDER a ~~ a j ~~_o~~ LAURA DEAN-LYTLE DATE/TIME: 03/19/08 1046 F'EE : $14.00 PAGES: 3 F'EE NUMBER: 2008-025329 MARANA ORDINANCE N0.2008.08 RELATING TO TRAFFIC AND HIGHWAYS; AMENDING TITLE 12 (TRAFFIC AND HIGHWAYS) OF THE MARANA TOWN CODE TO AUTHORIZE THE TOWN ENGINEER TO ESTABLISH TEMPORARY REDUCED SPEED LIMITS IN AREAS UNDERGOING ROADWAY CONSTRUCTION; PROVIDING PENALITES FOR VIOLATION; ADDING SECTION 12-2-12; RENUMBERING EXISTING SECTIONS 12-2-12, 12-2-13 AND 12-2-14; AMENDING RENUMBERED SECTION 12-2-15; AND DECLARING AN EMERGENCY. WHEREAS .the Town Council finds that vehicles speeding in areas of road construction increases the danger of physical injury to both the occupants of vehicles and to construction workers; and WHEREAS the Town Council finds that the Town's interest in protecting the welfare of construction workers and occupants of motor vehicles is compelling; and WHEREAS the Town Council finds that authorizing the Town Engineer to establish temporary reduced speed limits within construction zones as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 12 of the Marana Town Code is hereby revised by renumbering exist- ing Section 12-2-12 as Section 12-2-13, renumbering existing Section 12-2-13 as Sec- tion 12-2-14, renumbering existing Section 12-2-14 as Section 12-2-15. SECTION 2. Title 12 of the Marana Town Code is hereby revised by adding new Sec- tion 12-2-12, as follows: Section 12-2-12 Speed limits in areas undergoing roadway construction A. It shall be unlawful for a person to drive at a speed greater than the speed posted in an area undergoing roadway construction. B. As used in this section, "roadway construction" means the construction, re- construction or maintenance of any road by town employees or any. contractor or subcontractor performing such construction, reconstruction or maintenance at the direction of the town. C. The town engineer or the town engineer's authorized representative is hereby authorized to establish temporary reduced speed limits in areas undergoing roadway construction. The temporary reduced speed limits shall be imple- mented when the town engineer or the town engineer's authorized represen- {0ooo~9si.~oc i} - 1 - ~F vsros tative determines, based on an engineering and traffic investigation, that the permanent speed limits in the area under construction are not reasonable and safe while the roadway construction is taking place. D. Any temporary reduced speed limit established by the town engineer or the town engineer's authorized representative shall be effective only for the dura- tion of the roadway construction. E. The temporary reduced speed limits shall be effective when all of the following has taken place: 1. A work order authorizing a temporary construction zone speed limit is signed by the town engineer or the town engineer's authorized representa- tive and filed in the town clerk's office. 2. Speed limit signs with the temporary reduced speed limit are erected in a clearly visible manner in the area undergoing construction. 3. The permanent speed limit signs in the area undergoing construction are temporarily removed, covered or turned. F. Any person found responsible for speeding in excess of a posted temporary reduced speed limit shall be fined $250 for each violation. No judge may suspend any portion of the fine prescribed in this paragraph. G. Any person found responsible for speeding in excess of the permanent posted speed limit in an area undergoing roadway construction walere a tem- porary reduced speed limit has not been posted shall be fined $250 for each violation. No judge may suspend any portion of the fine prescribed in this paragraph. SECTION 3. Title 12 of the Marana Town Code is hereby revised by amending renum- bered section 12-2-15 entitled "Violations -chapter 12-2; penalty" as follows (with deletions shown with s~il~eeuts and additions shown with double underlining): Section 12-2-14~ A. Any violation of chapter 12-2 shall be a civil traffic violation unless otherwise designated in this title or under state law exsept~oran~ses~' ~° °^°°~' ~~~^~^ B. Any person found responsible for a civil violation of chapter 12-2 shall be fined not more than $250 for each violation. C. A person convicted of violating section 12-2-13 is guilty of a class 1 misde- meanor. SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- atelyupon its passage and adoption. {0ooo~9si.DOC i} - 2 - ~F vsioa PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of March, 2008. ,2; d Mayor Ed Honea APPROVED AS,~'O FORM: 'own ATTEST: celyn ronson, Town Clerk {00007951.DOC /} - 3 - JF 2/8/08