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HomeMy WebLinkAboutOrdinance 98.08 Amending chapter 12 of the town code relating to traffic - MARANA ORDINANCE NO. 98.08 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMENDING CHAPTER 12, TRAFFIC, OF THE TOWN CODE OF THE TOWN OF MARANA BY AMENDING ARTICLE 12-7, PENAL TIES, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Town Council ofthe Town of Marana, Arizona, did, on March 19, 1996, adopt Ordinance No. 96.17, which adopted that certain document entitled "Marana Town Code, Chapter 12, Traffic," as the twelfth chapter of the official Town Code; and WHEREAS, said Chapter has been amended from time to time; and WHEREAS, the Town Council deems it necessary to amend Article 12-7 to further specify the penalties and amounts of fines that shall be imposed for violations of Chapter 12; and WHEREAS, the Mayor and Council of the Town of Marana have determined that the adoption of such regulations is in the best interests of the citizens of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Article 12-7 of the Marana Town Code is amended, with additions shown by CAPITAL LETTERS and deletions shown by stlikeout, as follows: Article 12-7 PENALTIES Section 12-7-1 Violations-Article 12-3 Any violation of article 12-3 shall be a civil traffic violation. Upon a finding that an owner or operator is responsible for a violation ofthis article, the court shall impose a civil sanction of not less than fifty dollars ($50.00) nor greater than two hundred fifty dollars ($250.00) for such violation. No person shall park in a parking space that is properly marked for handicapped parking only unless they meet the requirements of A.R.S. ~28-844. Article 12- 3 shall be enforceable on any public or private property within the town limits. Section 12-7-2 Violations-Article 12-4 ANY VIOLATION OF ARTICLE 12-3 SHALL BE A CIVIL TRAFFIC VIOLATION. UPON A FINDING THAT AN OWNER OR OPERATOR IS RESPONSIBLE FOR A VIOLATION OF THIS ARTICLE, THE COURT SHALL IMPOSE A civil sanction of not Marana, Arizona Ordinance No. 98.08 Page 1 of 3 ,~- less than FIFTY DOLLARS ($50.00) NOR GREATER THAN two hundred fifty dollars ($250.00), which shall not be suspended, shall be imposed on any person found responsible for a violation of section 12-4-2. Section 12-7-3 Violations-Section 12-2-12 Any violation of section 12-2-12 which would be defined under Title 28, Arizona Revised Statutes as a civil or criminal traffic violation, shall constitute a traffic violation, either criminal or civil, as so designated under Title 28, Arizona Revised Statutes. Section 12-7-4 Violations of Article 12-6 A. Any person in violation of Article 12-6 shall be found guilty of a civil infraction and be required to pay a minimum fine of $50.00 which cannot be suspended except pursuant to section 12-7-4(B). B. The penalties provided in this section for a violation of section 12-6-1(A) may be waived if an offender presents suitable proof that an approved helmet has been purchased or otherwise obtained since the time of the violation and that the minor uses or intends to use said helmet whenever required to do so by this section. Section 12-7-5 Other Violations It is a civil traffic violation for any person to do any act forbidden or fail to perform any act required by this chapter, unless otherwise designated in this section or under state law. A CIVIL SANCTION OF NOT LESS THAN FIFTY DOLLARS ($50.00) AND NOT MORE THAN TWO HUNDRED FIFTY DOLLARS ($250.00) SHALL BE IMPOSED ON ANY PERSON FOUND IN VIOLATION OF ANY OTHER PROVISION OF THIS CHAPTER UNLESS OTHERWISE DESIGNATED IN THIS SECTION OR UNDER STATE LAW. It is a class 1 misdemeanor for any person to willfully fail or lGfuse to comply with any law fnl oldel 01 direction oft11o police depar tmwt or any of its duly designatGd, qualified arid <'tGting law enforcement agents. 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. Section 3. All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions ofthe council in conflict with the provisions ofthis ordinance are hereby repealed, effective as of the effective date of this ordinance. Marana, Arizona Ordinance No. 98.08 Page 2 of 3 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. PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona this 5th day of May, 1998. &.."~O~~ Mayor ORA M H anie1 J. Hochu Town Attorney Marana, Arizona Ordinance No. 98.08 Page 3 of 3