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HomeMy WebLinkAboutOrdinance 95.31 Adopting chapter 1 of the town code relating to general ORDINANCE NO. 95.31 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE, CHAPTER 1 GENERAL", AS THE FIRST CHAPTER OF THE OFFICIAL TOWN CODE, ADOPTING THE RULES AND REGULATIONS THEREIN AS CONTROLLING LAW OF THE TOWN OF MARANA, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREOF. WHEREAS, the Town of Marana wishes to establish and codify the laws of the town as a unified code to standardize and maintain accessible, readable, and understandable rules and procedures for the protection and security of its citizens; and WHEREAS, that public document herein referred to as "MARANA TOWN CODE, CHAPTER 1 GENERAL," has the approval of the Mayor and Town Council. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows; Section 1. That certain document entitled "MARANA TOWN CODE, CHAPTER 1 GENERAL" three copies of which are on file in the office of the town clerk of the Town of Marana, Arizona, said document having been made a public record by Resolution No. 95-70 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, and is hereby adopted as law, rules and procedures for the Town of Marana. Section 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portion of the Town Code. Section 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ..-, Marana Ordinance No. 95.31 Page 1 of 2 - Section 5. Penalties for violations of this ordinance and Town Code are as follows: Article 1-8 PENALTY A. Any person found guilty of violating any provisions of this code, except as otherwise provided in this code, shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as hereinabove described. B. Any violation of or failure or refusal to do or perform any act required by Chapter 12 of this code or Title 28, Arizona Revised Statutes constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of Title 28, Chapter 6, Articles 20 and 21, Arizona Revised Statutes and amendments thereto. PASSED AND ADOPTED by the Mayor and Council of the To,\\,n of Marana, Arizona, this 19th day of December, 1995. U ~(A-/ Mayor ED HONEA ATTEST: . "L- -<'<-/ r~ ~~) Daniel J. Hochuli Town Attorney '""~ Marana Ordinance No. 95.31 Page 2 of 2 The Code of the Town of Marana. Arizona ./~ Marana Town Code rev. 12/95 ,1"-"', NOTE: py of the Marana Town Code, and is not an original or certified ere have probably been various changes and modifications to this , ent since this copy was made. For a complete, accurrate, and up to e copy of the Marana Town Code please contact the Marana Town Clerk. Any reliance that is placed upon this document by the reader without confirming that this copy is accurrate and up to date is at the reader's risk. ,~"~ Marana Town Code rev, 12/95 .- Table of Contents .................................... 1-1 , W CODE DESIGNATED AND CITED. . . . . ... ...... .. . . ... . . ..... . . .. 1-1 CONSTRUCTION OF ORDINANCES .................................. 1-1 1-3 DEFINITIONS..................................................... 1-1 Section 1-3-1 General Rule Regarding Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-1 Section 1-3-2 Definitions.................................................. 1-1 Article 1-4 REFERENCE TO CODE; CONFLICTING PROViSiONS.................... 1-3 Section 1-4-1 Additional Rules of Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-3 Section 1-4-2 References to this Code .............. . . . . . . . . . . . . . . . . . . . . . . . .. 1-3 Section 1-4-3 Conflicting Provisions--Different Chapters. . . . . . . . . . . . . . . . . . . . . . . .. 1-3 Section 1-4-4 Conflicting Provisions--Same Chapter ............................ 1-3 Article 1-5 SECTION HEADINGS. . . . . . . . . . . . . . . . . " . . . . . . . ..... . . . . .... . . " . ... 1-3 Article 1-6 EFFECT OF REPEAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-3 Article 1-7 SEVERABILITY OF PARTS OF THE CODE...... " . . .... . . . . . ... . . . .... 1-4 ..,.-. Article 1-8 PENAL TY ........................................................ 1-4 Section 1-8-1 General Violations ........................................... 1-4 Section 1-8-2 Traffic Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-4 "- Marana Town Code rev, 12/95 ,c-... CHAPTER 1 GENERAL Article 1-1 DE DESIGNATED AND CITED aced in the following chapters and sections shall constitute and be designated own of Marana, Arizona," and may be so cited. Such code may also be cited as n Code." CONSTRUCTION OF ORDINANCES ules and the definitions set forth in this chapter shall be observed in the construction of this code and the ordinances of the town unless such construction would be inconsistent with either the manifest intent of the council, the context of this code or the ordinances of the town. Article 1-3 DEFINITIONS Section 1-3-1 General Rule Regarding Definitions All words and phrases shall be construed and understood according to the common and approved use of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. Section 1-3-2 Definitions A. Acts by Agents. When an act is required to be done which may by law as well be done by an agent as by the principal, such requirements shall be construed to include all such acts when done by an authorized agent. B. Code. When the word "code" is used, it shall mean the Town Code of the Town of Marana, Arizona unless the context indicates otherwise. C. Council. When the word "council" is used, it shall mean the Town Council of the Town of Marana. D. County. When the word "county" is used, it shall mean Pima County, Arizona unless the context clearly indicates otherwise. E. Day. "Day" is the period of time between any midnight and the midnight following. F. Daytime: Nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise. G. Deoartment: Board: Commission: Office: Officer: Emoloyee. Whenever any "department, board, commission, office, officer or employee" is referred to, it shall mean a department, board, commission, office, officer or employee of the Town of Marana unless the context requires otherwise. '~~t H. Gender: Singular and Plural. Words of the masculine gender include the feminine, words in the singular include the plural and words in the plural include the singular. Marana Town Code 1-1 rev. 12/95 .~~ I. Joint Authori other pers persons ']'1 words purporting to give a joint authority to three or more town officers or onstrued as giving such authority to a majority of such officers or other II be otherwise expressly declared in the law giving the authority. J. r" means the mayor of the Town of Marana unless otherwise specifically '. "Month" means a calendar month. tho "Oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed". M. Owner. The word "owner" applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of part of such building or land. N. Person. The word "person" includes a corporation, company, partnership, association or society as well as a natural person. O. Personal Prooertv. The term "personal property" includes every species of property, except real property as defined in this section. P. Preceding: Following. The words "preceding" and "following" mean next before and next after, respectively. Q. Prooerty. The term "property" includes lands, tenements and hereditament and personal property . R. Real Prooerty. The term "real property" includes lands, tenements and hereditament. S. Shall: May. "Shall" is mandatory and "may" is permissive. T. Shall Have Been. The words "shall have been" include past and present and future cases. U. Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name, but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. V. Tenses. The present tense includes the past and future tenses, and the future includes the present. W. Time: Comoutation. The time within which an act is to be done as provided in this code or in any order issued pursuant to any ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is a Saturday, Sunday or holiday it shall be excluded, and when such time is expressed in hours, the whole of Saturday, Sunday or a holiday, from midnight to midnight, shall be excluded. X. Time: Reasonable. In all cases where any section of this code shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be Marana Town Code 1-2 rev. 12/95 - '''ch time only as may be necessary for the prompt performance of such duty ,h notice. Y. e word "town" is used, it shall mean the Town of Marana, Pima County, as otherwise provided. The words "in the town" or "within the town" shall mean I territory over which the town has jurisdiction for the exercise of its police powers , guJatory powers as authorized by statute. . A week consists of seven consecutive days. Writing. The term "writing" means any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless expressly provided otherwise. BB. Year. "Year" means a calendar year unless otherwise provided. Article 1-4 REFERENCE TO CODE; CONFLICTING PROVISIONS Section 1-4-1 Additional Rules of Construction In addition to the rules of construction specified in Article 1-2 and Article 1-3, the rules set forth in this article shall be observed in the construction of this code. c_. Section 1-4-2 References to this Code All references to chapters, articles or sections are to the chapters, articles and sections of this code unless otherwise specified. Section 1-4-3 Conflicting Provisions--Different Chapters If the provisions of different chapters of this code conflict with or contravene each other, the provisions of each ~hapter shall prevail as to all matters and questions growing out of the subject matter of such chapter. Section 1-4-4 Conflicting Provisions--Same Chapter If conflicting provisions are found in different sections of the same chapter, the provisions of the section which is last in numerical order shall prevail unless such construction is inconsistent with the meaning of such chapter. Article 1-5 SECTION HEADINGS Headings of the several sections of this code are intended as a convenience to indicate the contents of the section and do not constitute part of the law. Article 1-6 EFFECT OF REPEAL -- When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided. The repeal of an ordinance shall not affect any punishment or penalty incurred Marana Town Code 1-3 rev. 12/95 Article 1-7 'ct nor any suit, prosecution or proceeding pending at the time of the repeal, n r the ordinance repealed. - before the repeal took for any offense co . ABILITY OF PARTS OF THE CODE . be the intention of the council that the sections, paragraphs, sentences, clauses 'ls code shall be severable, and if any provision of this code is held unconstitutional y a court of competent jurisdiction, such unconstitutionality shall not affect any of the visions of the code. 1-8 PENALTY Section 1-8-1 General Violations Except as otherwise provided in this code, any person found guilty of violating any provision of this code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as hereinabove described. Section 1-8-2 Traffic Violations Any violation of or failure or refusal to do or perform any act required by Chapter 12 of this code or Title 28, Arizona Revised Statutes constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of Title 28, Chapter 6, Articles 20 and 21, Arizona Revised Statutes and amendments thereto. "'~'" Marana Town Code 1-4 rev. 12/95 e~if~/ 0t&fT 0Wfl/ r;/ ~ .0nuv (5~ ~ 5: Jan4///~~ t/zbtb~/~~ f~uzijid, cvui~(l~fl/tk 90a/fi/ f!f .Jf:fm.(UUZ~ !/!una, (lfHNl{jl'. AriaxHza'. o-r- 17[!1" r~au1/~~ ~ certiD/ tIuzt/ tlu:.jOllowi15" (5~tj/Zcatio71' .Ao.-. 95 . 31 tu~ ~ Vb ~ {Uit/z, ./C. fif. J .JYO.-....,9 -81S OYldJl~ftlfow-i15',ckzta,andtinzaJ cvuiab~~~': D 0aLb Yinl& ~ f ECEMBER 20, 1995 11:00 A.M. MARANA TOWN HALL ,2 MARANA POLICE DEPARTMENT MARANA SUBSTATION ANNEX ECEMBER 20, 1995 11:00 A.M. S ECEMBER 20, 1995 11:00 A.M. CONTINENTAL 'R~l\Trl-l D D Ji!1nd /~ (5hlv~,(H:/ \