HomeMy WebLinkAboutOrdinance 2001.07 Amending chapter 12 of the town code relating to traffic
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: D K
DEPUTY RECORDER
7864 ROOF
DOCKET: 11531
PAGE: 2050
NO. OF PAGES: 3
SEQUENCE: 20010760624
04/19/2001
ORDIN 16:07
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TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 8.00
MARANA ORDINANCE NO. 2001.07
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING AMENDMENTS TO
CHAPTER 12 (TRAFFIC) OF THE TOWN CODE, REGULATING THE STOPPING OF
VEHICLES AT RAILROAD CROSSINGS, AND IMPOSING CRIMINAL PENALTIES.
WHEREAS, the Town Council did approve Ordinance No. 96.17, which adopted Chapter
12 of the Town Code entitled "Traffic" and,
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WHEREAS, the Town Council has amended the Town Code from time to time; and
WHEREAS, repeated accidents involving vehicles parked or stopped on or near railroad
crossings pose a serious threat to the safety and welfare ofthe Town's inhabitants; and
WHEREAS, the Mayor and Council ofthe Town of Maran a have determined that it is in the
Town's best interest to prevent such accidents; and,
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WHEREAS, Arizona Revised Statutes sections 28-626 and 28-627 authorize the Mayor and
Council of the Town to regulate the standing or parking of vehicles within the Town limits.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a,
Arizona, as follows:
Section 1. Article 12-2 of the Town Code of Marana, entitled "Traffic Control," is hereby
amended by inserting the following text:
SECTION 12-2-13 RAILROAD CROSSINGS
A.
NO PERSON SHALL STOP, STAND OR PARK ANY MOTOR VEHICLE OR
OTHER VEillCLE WITHIN A RAILROAD GRADE CROSSING, EVEN IF SUCH
STOP IS TEMPORARY IN NATURE OR CAUSED BY TRAFFIC CONGESTION.
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B.
NO PERSON SHALL DRIVE ANY VEHICLE THROUGH, AROUND, OR
UNDER ANY CROSSING GATE OR BARRIER AT A RAILROAD GRADE
CROSSING WHILE SUCH GATE OR BARRIER IS CLOSED, OR IS IN THE
PROCESS OF OPENING OR CLOSING, TO ANY DEGREE.
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C.
AS USED IN TillS SECTION, THE TERM "RAILROAD GRADE CROSSING"
SHALL BE DEFINED AS FOLLOWS. WHERE RAILROAD CROSSING GATES
EXIST, THE "RAILROAD GRADE CROSSING" SHALL BE THAT AREA
BETWEEN THE TWO GATES, WHETHER THE GATES ARE RAISED OR
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Marana, Arizona Ordinance No. 2001-07
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LOWERED. WHERE NO RAILROAD CROSSING GATES EXIST, THE
"RAILROAD GRADE CROSSING" SHALL BE THAT AREA WITHIN TEN (10)
FEET OF THE RAILROAD TRACKS, ON EACH SIDE OF THE TRACKS.
Section 2. Article 12-7 of the Town Code of Marana, entitled "Penalties," is hereby amended
by renumbering section 12-7-5 as section 12-7-6, and is further amended by inserting the following
text as a new section 12-7-5:
SECTION 12-7-5 VIOLATIONS OF SECTION 12-2-13
A PERSON WHO IS CONVICTED OF A VIOLATION OF SECTION 12-2-13 IS GUILTY
OF A CLASS 1 MISDEMEANOR. ANY PERSON FOUND GUILTY OF VIOLATION
OF SECTION 12-2-13 SHALL BE ASSESSED AS FOLLOWS:
A. ANY VIOLATION OF SECTION 12-2-13(A) SHALL REQUIRE A MINIMUM
FINE OF $250.00, WHICH SHALL NOT BE SUSPENDED.
B. ANY VIOLATION OF SECTION 12-2-13(B) SHALL REQUIRE A MINIMUM
FINE OF $500.00, WHICH SHALL NOT BE SUSPENDED.
C.
ANY VIOLATION OF SECTION 12-2-13(A) OR (B) THAT RESULTS IN
INJURY TO ANY PERSON, OR DAMAGE TO ANY PROPERTY, SHALL
REQUIRE A MINIMUM FINE OF $1,000.00, WHICH SHALL NOT BE
SUSPENDED.
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D. ANY PERSON REQUIRED TO PAY A FINE UNDER THIS SECTION WHO HAS
PREVIOUSLY BEEN FOUND RESPONSIBLE FOR VIOLATION OF SECTION
12-2-13 SHALL BE REQUIRED TO PAY DOUBLE THE AMOUNT SET FORTH
IN THIS SECTION, WHICH SHALL NOT BE SUSPENDED.
Section 3. 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 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or
motions ofthe council in conflict with the provisions of this ordinance are hereby repealed, effective
as ofthe effective date of this ordinance.
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Section 5. 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.
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Marana, Arizona Ordinance No. 2001-07
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PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona, this
17th day of April, 2001.
ATTEST:
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~aniel J. Hochuli, Esq.
As Town Attorney
~_ and not personally
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Marana, Arizona Ordinance No. 2001-07
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