HomeMy WebLinkAboutOrdinance 98.21 Amending chapter 11 of the town code relating to graffiti
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MARANA ORDINANCE NO. 98.21
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMENDING CHAPTER 11
OFFENSES, OF THE TOWN CODE OF THE TOWN OF MARANA, BY AMENDING ARTICLE
11-3, GRAFFITI, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF
THE TOWN OF MARANA IN CONFLICT THEREWITH.
WHEREAS, on March 19, 1996, the Town Council did approve Ordinance No. 96.16, which
adopted that certain document entitled "Marana Town Code, Chapter 11, Offenses," as the eleventh
chapter ofthe official Town Code; and
WHEREAS, the Mayor and Council of the Town of Marana have determined that the
incorporation of amendments to add provisions prohibiting graffiti into the Town Code is in the best
interests of the citizens ofthe Town of Mar ana.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a
Arizona, as follows:
Section 1.
That certain document entitled, "CHAPTER 11 OFFENSES; ARTICLE 11-3
GRAFFITI," three copies of which are on file in the office ofthe Town Clerk ofthe
Town of Marana, Arizona, said document having been made a public record by
Resolution No. 98-93 of the Town of Marana, Arizona, is hereby referred to and
made a part hereof as if fully set out in this ordinance and are hereby adopted and
amends Chapter 11 of the Marana Town Code.
Section 2.
The original Articles 11-3 through 11-7 are hereby renumbered as Articles 11-4
through 11-8, respectively.
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.
Section 4.
The penalty provisions of this Ordinance, with additions shown by CAPITAL
LETTERS and deletion shown by strikeout, are as follows:
Section 11-3-3 GRAFFITI PROHIBITED, ABATEMENT PROCEDURES,
PENALTY
c.
ANY PERSON OR BUSINESS IN VIOLATION OF THIS SECTION
SHALL CONSTITUTE A CIVIL INFRACTION.
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Marana, Arizona Ordinance 98.21
Page 1 of 3
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Section 11-3-4 PROHIBITED CONDUCT; PENALTIES
C. PENAL TIES. VIOLATIONS OF THIS SECTION SHALL CONSTITUTE
A CLASS ONE MISDEMEANOR AND SHALL BE PUNISHED AS
FOLLOWS:
Marana, Arizona Ordinance 98.21
1.
A PERSON CONVICTED OF VIOLATING SUBSECTION (A)
SHALL BE PUNISHED BY A TERM OF NOT LESS THAN
FORTY-EIGHT (48) HOURS IN JAIL, A FINE NOT LESS THAN
TWO HUNDRED AND FIFTY DOLLARS ($250.00) AND NOT
LESS THAN FORTY (40) HOURS COMMUNITY SERVICE
INVOLVING PARTICIPATION IN THE REMOVAL OF
GRAFFITI. IN ADDITION TO ANY OTHER PUNISHMENT,
THE COURT SHALL ORDER RESTITUTION TO THE VICTIM
FOR DAMAGE OR LOSS CAUSED DIRECTLY OR
INDIRECTL Y BY THE DEFENDANT(S) OFFENSE IN AN
AMOUNT TO BE DETERMINED BY THE COURT. PERSONS
UNDER THE AGE OF EIGHTEEN (18) WILL BE PUNISHED AS
PROVIDED FOR IN TITLE 8 OF THE ARIZONA REVISED
STATUTES.
2.
A PERSON CONVICTED OF VIOLATING SUBSECTION (B) OR
(C) SHALL BE PUNISHED BY A TERM OF NOT LESS THAN
TWENTY -FOUR (24) HOURS IN JAIL, A FINE NOT LESS THAN
ONE HUNDRED ($100.00) DOLLARS AND FORTY (40) HOURS
OF COMMUNITY SERVICE INVOLVING P ARTICIP ATION IN
THE REMOVAL OF GRAFFITI. PERSONS UNDER THE AGE
OF EIGHTEEN (18) WILL BE PUNISHED AS PROVIDED FOR
IN TITLE 8 OF THE ARIZONA REVISED STATUTES.
3.
A PERSON CONVICTED OF VIOLATING SUBSECTION (D)
SHALL BE PUNISHED AS PROVIDED FOR IN TITLE 8 OF THE
ARIZONA REVISED STATUTES.
4.
NO JUDGE SHALL SUSPEND THE IMPOSITION OF ANY OF
THE MANDATORY MINIMUM PENALTIES REQUIRED BY
THIS SECTION.
Page 2 of 3
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Section 11-3-5 PROHIBITED SALE OR TRANSFER TO MINORS,
REGULATIONS OF SALE, CLASSIFICATION AND
PENALTY
F. ANY VIOLATION OF ANY PROVISION OF THIS SECTION
CONSTITUTES A CIVIL INFRACTION. NO MAGISTRATE, SPECIAL
MAGISTRATE OR LIMITED SPECIAL MAGISTRATE MAY SUSPEND
THE IMPOSITION OF THE MINIMUM FINES PRESCRIBED HEREIN.
1. A PERSON FOUND RESPONSIBLE FOR A VIOLATION OF
ANY PROVISION OF THIS SECTION SHALL BE FINED NOT
LESS THAN TWO HUNDRED DOLLARS ($200.00). THE FINE
AMOUNT FOR EACH SUBSEQUENT VIOLATION OF ANY
PROVISION OF THIS SECTION WITHIN A CONSECUTIVE 365
DA YPERIOD SHALL INCREASE BY INCREMENTS OF THREE
HUNDRED DOLLARS ($300.00) FOR EACH VIOLATION.
Section 5.
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 ofthe Town
Code.
Section 6.
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
18th day of August, 1998.
a...~~
Mayor ORA M H
Marana, Arizona Ordinance 98.21
Page 3 of 3
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CHAPTER 11
OFFENSES. . . . . . . . . . . . . . . . . . . . . . . . . 11-1
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Article 11-1 DRIVING OR PARKING ON PROPERTY OF ANOTHER ........... 11-1
Section 11-1-1 Driving or Parking on Another's Property Unlawful. . . . . . . . . .. 11-1
Section 11-1-2 Exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-1
Article 11-2 DRUG PARAPHERNALIA ................................... 11-1
Section 11-2-1 Unlawful Possession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-1
Section 11-2-2 Unlawful Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-1
Section 11-2-3 Duty of Police to Seize Unlawful Paraphernalia ............. 11-1
ARTICLE 11-3 GRAFFITI ............................................... 11-2
SECTION 11-3-1 DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-2
SECTION 11-3-2 PURPOSE AND INTENT ........................... 11-2
SECTION 11-3-3 GRAFFITI PROHIBITED, ABATEMENT
PROCEDURES, PENALTY ......................... 11-3
PROHIBITED CONDUCT; PENALTIES ................ 11-3
PROHIBITED SALE OR TRANSFER TO MINORS,
REGULATION OF SALE, CLASSIFICATION AND
PENALTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-5
Article 11-4 MINORS; LOITERING AND CURFEW. . . . . . . . . . . . . . . . . . . . . . . . .. 11-6
Section 11-4-1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-6
Section 11-4-2 Offenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-7
Section 11-4-3 Defenses/Exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-8
Section 11-4-4 Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-10
Section 11-4-5 Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-10
Article 11-5 NOiSE................................................. 11-10
Section 11-5-1 Unlawful Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-10
Section 11-5-2 False Alarms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-10
Article 11-6 PUBLIC URINATION OR DEFECATION.. . . . . ... . . . . . . . . . . . . .. 11-10
Article 11-7 STORAGE OF INOPERABLE OR UNLICENSED
VEHiCLES.............................................. 11-10
Section 11-7-1 Unlawful Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-10
Article 11-8 PENALTIES.............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-11
Section 11-8-1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-11
Section 11-8-2 False Alarms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-11
SECTION 11-3-4
SECTION 11-3-5
Marana Town Code
xvii
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CHAPTER 11
OFFENSES
Article 11-1
DRIVING OR PARKING ON PROPERTY OF ANOTHER
Section 11-1-1 Driving or Parking on Another's Property Unlawful
It is unlawful for a person to loiter, drive or park in or upon the property of
another during those hours when the person legally entitled to the possession
of said property is not present, or, if the property is a business, for any purpose
other than the normal conduct of trade with that business, or, if the property is
that of a government, for any purpose other than the normal conduct of business
with that government agency, without having in his or her possession the written
permission of the person legally entitled to the possession of said property.
[Adopted by Ord. No. 96.16]
Section 11-1-2 Exceptions
No person charged with violating this section shall be convicted, and such
charge against him or her shall be dismissed if he or she subsequently produces
in court the aforesaid written permission.
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[Adopted by Ord. No. 96.16]
Article 11-2
DRUG PARAPHERNALIA
Section 11-2-1 Unlawful Possession
It is unlawful for any person to keep or exhibit any box pipe, cup, hypodermic
needle, thing or apparatus used for unlawfully smoking, eating, inhaling, injecting
or consuming any substance defined as a narcotic in A.R.S. 913-3401 et seq.,
or any subsequent amendments thereto.
[Adopted by Ord. No. 96.16]
Section 11-2-2 Unlawful Activities
It is unlawful for any person to act as a lookout or tender at any place where the
acts as set forth in section 11-2-1 are practiced or carried on.
[Adopted by Ord. No. 96.16]
Section 11-2-3 Duty of Police to Seize Unlawful Paraphernalia
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It is the duty of all police officers of the town to seize and safely keep all cups,
pipes, apparatus, boxes, hypodermic needles and things used for the purpose
of unlawfully eating, smoking, inhaling, injecting or otherwise consuming any
substance defined as a narcotic under A.R.S. 913-3401 et seq., or amendments
thereto, and to produce the same in court. Said articles shall be retained until
a final disposition of any case in which they may be required as evidence, and
Marana Town Code
11-1
may be destroyed after final disposition of the case. Nothing herein contained
shall prevent the destruction of such articles at any time when the magistrate
may deem such articles no longer required to be retained as evidence, or when
they may be otherwise destroyed pursuant to any applicable Arizona Revised
Statute.
[Adopted by Ord. No. 96.16]
Article 11-3 GRAFFITI
Section 11.3.1 DEFINITIONS
A. IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL BE
CONSTRUED AS DEFINED IN THIS SECTION UNLESS IN CONTEXT IT
APPEARS THAT A DIFFERENT MEANING IS INTENDED:
1. "GRAFFITI" MEANS THE UNAUTHORIZED ETCHING, SPRAYING OF
PAINT OR APPLICATION OF PAINT, INK, CHALK, DYE OR OTHER
SIMILAR SUBSTANCE ON BUILDINGS, FENCES, STRUCTURES OR
SIMILAR PLACES.
2. "GRAFFITI ABATEMENT OFFICER" MEANS THE TOWN OFFICIAL
DESIGNATED BY THE TOWN MANAGER TO INTERPRET AND
ENFORCE THE PROVISIONS OF THIS SECTION.
>.....-.~
3. "PERSON" MEANS ANY INDIVIDUAL, FIRM, PARTNERSHIP,
COOPERATIVE ASSOCIATION, PRIVATE CORPORATION,
PERSONAL REPRESENTATIVE, RECEIVER, TRUSTEE, ASSIGNEE,
OR OTHER LEGAL ENTITY.
4. "RETAILER" MEANS ANY PERSON, BUSINESS OR GOVERNMENTAL
ENTITY THAT OWNS, OPERATES OR MANAGES A STORE, STAND,
BOOTH, CONCESSION, MOBILE UNIT OR OTHER PLACE AT WHICH
SALES OF SPRAY PAINT ARE MADE TO PURCHASERS FOR
CONSUMPTION OR USE.
5. "SPRAY PAINT" MEANS ANY PAINT OR PAINT LIKE COATING
SUBSTANCE WHICH IS DISPENSED BY THE USE OF AN AEROSOL
SPRAY DEVICE WHETHER OR NOT CONTAINING A TOXIC
SUBSTANCE.
6. "UNAUTHORIZED" MEANS WITHOUT THE PERMISSION OF THE
PROPERTY OWNER OR OTHERWISE IN VIOLATION OF THE
PROVISIONS IN THIS SECTION.
Section 11.3.2 PURPOSE AND INTENT
A.
IT IS THE PURPOSE AND INTENT OF THIS ARTICLE TO PROVIDE A
PROCEDURE FOR THE PREVENTION, PROHIBITION, AND REMOVAL
OF GRAFFITI FROM WALLS, STRUCTURES, OR SURFACES ON
PUBLIC AND PRIVATE PROPERTY IN ORDER TO REDUCE BLIGHT
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Marana Town Code
11-2
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B.
AND DETERIORATION WITHIN THE TOWN AND TO PROTECT THE
PUBLIC HEALTH AND SAFETY.
THE MAYOR AND COUNCIL FINDS THAT GRAFFITI CONTRIBUTES
TO NEIGHBORHOOD DETERIORATION, PROVIDES A
COMMUNICATION SYSTEM FOR GANGS AND OTHER VANDALS,
DAMAGES PROPERTY, CONSTITUTES A PUBLIC NUISANCE, AND
MUST BE ABATED IMMEDIATELY TO AVOID THE DETRIMENTAL
IMPACT OF SUCH GRAFFITI AND PREVENT THE FURTHER SPREAD
OF GRAFFITI.
C.
THE MAYOR AND COUNCIL FURTHER FIND THAT GRAFFITI IS
MOST FREQUENTLY SPREAD BY YOUTH UNDER THE AGE OF
EIGHTEEN (18) AND THAT MEASURES TO LIMIT YOUTH ACCESS TO
SPRAY PAINT CONTAINERS ARE CRITICAL TO THE TOWN'S
PREVENTION EFFORTS.
Section 11-3-3 GRAFFITI PROHIBITED, ABATEMENT PROCEDURES, PENALTY
A.
IT SHALL BE UNLAWFUL FOR ANY PERSON OWNING OR
OTHERWISE BEING IN CONTROL OF ANY REAL PROPERTY WITHIN
THE TOWN OF MARANA TO MAINTAIN, PERMIT OR ALLOW
GRAFFITI TO REMAIN ON ANY BUILDING, FENCE, STRUCTURE OR
OTHERWISE ON SUCH PROPERTY WHERE THE GRAFFITI IS
VISIBLE FROM THE STREET OR OTHER PUBLIC OR PRIVATE
PROPERTY.
B. UPON THE RECEIPT OF NOTICE REQUIRING ABATEMENT FROM
THE GRAFFITI ABATEMENT OFFICIAL, ANY PERSON OWNING OR
OTHERWISE BEING IN CONTROL OF THE PROPERTY SHALL
WITHIN TEN (10) DAYS THEREAFTER REMOVE OR ABATE ALL
GRAFFITI SPECIFIED IN SUCH NOTICE. THE GRAFFITI ABATEMENT
OFFICIAL SHALL GIVE NOTICE UTILIZING THE PROCEDURES SET
FORTH IN THIS SECTION. THE GRAFFITI ABATEMENT OFFICIAL
MAY CAUSE THE REMOVAL OF GRAFFITI FROM PRIVATE
PROPERTY SHOULD THE PROPERTY OWNER OR PERSON IN
CONTROL FAIL TO REMOVE GRAFFITI AFTER THE REQUIRED
NOTICE. THE TOWN IS EXPRESSLY AUTHORIZED TO ENTER
PRIVATE PROPERTY AND ABATE GRAFFITI.
C. ANY PERSON OR BUSINESS IN VIOLATION OF THIS SECTION
SHALL CONSTITUTE A CIVIL INFRACTION.
Section 11-3-4 PROHIBITED CONDUCT; PENALTIES
A.
".......,.....
NO PERSON MAY WRITE, PAINT, OR DRAW ANY INSCRIPTION,
FIGURE, OR MARK OF ANY TYPE ON ANY PUBLIC OR PRIVATE
BUILDING OR OTHER REAL OR PERSONAL PROPERTY, OWNED,
OPERATED, OR MAINTAINED BY A GOVERNMENTAL ENTITY OR
ANY AGENCY OR INSTRUMENTALITY THEREOF OR BY ANY
PERSON, FIRM, OR CORPORATION, UNLESS PERMISSION OF THE
OWNER OR OPERATOR OF THE PROPERTY HAS BEEN OBTAINED.
Marana Town Code
11-3
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B. NO PERSON MAY POSSESS AN AEROSOL SPRAY PAINT
CONTAINER ON ANY PRIVATE PROPERTY UNLESS THE OWNER,
AGENT, MANAGER, OR OTHER PERSON HAVING CONTROL OF THE
PROPERTY CONSENTED TO THE PRESENCE OF THE AEROSOL
SPRAY PAINT CONTAINER.
C. NO PERSON UNDER THE AGE OF EIGHTEEN (18) MAY POSSESS AN
AEROSOL SPRAY PAINT CONTAINER ON ANY PUBLIC PROPERTY
UNLESS ACCOMPANIED BY A PARENT, GUARDIAN, TEACHER OR
OTHER PERSON IN A SIMILAR RELATIONSHIP OVER THE AGE OF
EIGHTEEN (18) AND SUCH POSSESSION IS FOR A LAWFUL
PURPOSE.
D. NO PERSON UNDER THE AGE OF EIGHTEEN (18) MAY BUY ANY
AEROSOL SPRAY PAINT CONTAINER FROM ANY PERSON OR FIRM.
E. PENALTIES. VIOLATIONS OF THIS SECTION SHALL CONSTITUTE
A CLASS ONE MISDEMEANOR AND SHALL BE PUNISHED AS
FOLLOWS:
1. A PERSON CONVICTED OF VIOLATING SUBSECTION (A) SHALL BE
PUNISHED BY A TERM OF NOT LESS THAN FORTY-EIGHT (48)
HOURS IN JAIL, A FINE NOT LESS THAN TWO HUNDRED AND FIFTY
DOLLARS ($250.00) AND NOT LESS THAN FORTY (40) HOURS
COMMUNITY SERVICE INVOLVING PARTICIPATION IN THE
REMOVAL OF GRAFFITI. IN ADDITION TO ANY OTHER
PUNISHMENT, THE COURT SHALL ORDER RESTITUTION TO THE
VICTIM FOR DAMAGE OR LOSS CAUSED DIRECTLY OR INDIRECTLY
BY THE DEFENDANT(S) OFFENSE IN AN AMOUNT TO BE
DETERMINED BY THE COURT. PERSONS UNDER THE AGE OF
EIGHTEEN (18) WILL BE PUNISHED AS PROVIDED FOR IN TITLE 8
OF THE ARIZONA REVISED STATUTES.
2. A PERSON CONVICTED OF VIOLATING SUBSECTION (B) OR (C)
SHALL BE PUNISHED BY A TERM OF NOT LESS THAN TWENTY-
FOUR (24) HOURS IN JAIL, A FINE NOT LESS THAN ONE HUNDRED
($100.00) DOLLARS AND FORTY (40) HOURS OF COMMUNITY
SERVICE INVOLVING PARTICIPATION IN THE REMOVAL OF
GRAFFITI. PERSONS UNDER THE AGE OF EIGHTEEN (18) WILL BE
PUNISHED AS PROVIDED FOR IN TITLE 8 OF THE ARIZONA
REVISED STATUTES.
3. A PERSON CONVICTED OF VIOLATING SUBSECTION (D) SHALL BE
PUNISHED AS PROVIDED FOR IN TITLE 8 OF THE ARIZONA
REVISED STATUTES.
4. NO JUDGE SHALL SUSPEND THE IMPOSITION OF ANY OF THE
MANDATORY MINIMUM PENALTIES REQUIRED BY THIS SECTION.
Marana Town Code
11-4
Section 11-3-5 PROHIBITED SALE OR TRANSFER TO MINORS, REGULATION OF
SALE, CLASSIFICATION AND PENAL TV.
A. SPRAY PAINT CONTAINERS SHALL NOT BE SOLD, DELIVERED,
TRANSFERRED OR GIVEN TO PERSONS UNDER AGE EIGHTEEN
(18). EVIDENCE THAT A PERSON DEMANDED AND WAS SHOWN
ACCEPTABLE EVIDENCE OF AGE AND ACTED UPON SUCH
EVIDENCE IN A TRANSACTION OR SALE SHALL BE A DEFENSE TO
ANY PROSECUTION UNDER THIS SUBSECTION. THIS SUBSECTION
DOES NOT APPLY TO THE TRANSFER OF AN AEROSOL SPRAY
PAINT CONTAINER FROM A PARENT TO CHILD, GUARDIAN TO
WARD, EMPLOYER TO EMPLOYEE, TEACHER TO STUDENT OR IN
ANY OTHER SIMILAR RELATIONSHIP WHEN SUCH TRANSFER IS
FOR A LAWFUL PURPOSE.
B. SPRAY PAINT CONTAINERS SOLD AT RETAIL ESTABLISHMENTS
SHALL BE STORED OR DISPLAYED EITHER A) IN AN AREA THAT IS
INACCESSIBLE TO THE PUBLIC WITHOUT EMPLOYEE ASSISTANCE
IN THE REGULAR COURSE OF BUSINESS PENDING LEGAL SALE
OR OTHER DISPOSITION OR B) WITHIN FIFTEEN (15) FEET OF A
CASH REGISTER AND WITHIN THE LINE OF SIGHT OF A CASHIER
AT ALL TIMES.
C. IDENTIFICATION SHALL BE REQUIRED OF PURCHASERS OF SPRAY
PAINT CONTAINERS APPEARING TO BE UNDER THE AGE OF
TWENTY-SIX (26). A RETAILER SHALL NOT BE FOUND
RESPONSIBLE FOR A VIOLATION OF THIS SUBSECTION UNLESS
THE FAILURE TO REQUIRE IDENTIFICATION RESULTED IN A SALE
OF SPRAY PAINT TO A PERSON UNDER AGE EIGHTEEN (18).
D. SPRAY PAINT CONTAINERS SHALL NOT BE DISPLAYED OR SOLD
AT SWAP MEETS, YARD SALES, GARAGE SALES, OR OTHER LIKE
EVENTS.
E. A RETAILER SHALL BE RESPONSIBLE FOR THE VIOLATION OF ANY
PROVISION OF THIS SECTION BY ITS EMPLOYEES.
F. ANY VIOLATION OF ANY PROVISION OF THIS SECTION
CONSTITUTES A CIVIL INFRACTION. NO MAGISTRATE, SPECIAL
MAGISTRATE OR LIMITED SPECIAL MAGISTRATE MAY SUSPEND
THE IMPOSITION OF THE MINIMUM FINES PRESCRIBED HEREIN.
1. A PERSON FOUND RESPONSIBLE FOR A VIOLATION OF ANY
PROVISION OF THIS SECTION SHALL BE FINED NOT LESS THAN
TWO HUNDRED DOLLARS ($200.00). THE FINE AMOUNT FOR EACH
SUBSEQUENT VIOLATION OF ANY PROVISION OF THIS SECTION
WITHIN A CONSECUTIVE 365 DAY PERIOD SHALL INCREASE BY
INCREMENTS OF THREE HUNDRED DOLLARS ($300.00) FOR EACH
VIOLATION.
Marana Town Code
11-5
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Article 11-4
MINORS; LOITERING AND CURFEW
Section 11-4.1 Definitions
A. In this section, unless the context otherwise requires:
1. "Curfew hours" means the following:
(i) For juveniles under sixteen (16) years of age, between the hours
of ten o'clock (10:00) p.m. and five o'clock (5:00) a.m. of the
following day.
(ii) For juveniles on or after the sixteenth birthday, but prior to the
eighteenth birthday, between the hours of twelve o'clock (12:00)
midnight and five o'clock (5:00) a.m. of the following morning.
2. "Custodian" means any person, not a juvenile, who is in loco parentis to
a juvenile.
3. "Emergency" means an unforseen combination of circumstances or the
resulting state that calls for immediate action. The term also includes, but
is not limited to, a fire, a natural disaster, or automobile accident, or any
situation requiring immediate action to prevent serious bodily injury or loss
of life.
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4. "Establishment" is defined as any privately owned place of business
operated for a profit to which the public is invited, including but not limited
to any place of amusement or entertainment.
5. "Guardian" means a person who, under court order, is the guardian of the
person of a minor; or a public or private agency with whom a minor has
been placed by an authorized agency or court; or any person other than
a parent, who has legal guardianship of the person of a juvenile; or a
person at least 21 years of age and authorized by a parent or guardian to
have the care and custody of a minor.
6. "Insufficient Control" means failure to exercise reasonable care and
diligence in the supervision of the juvenile.
7. "Juvenile" or "Minor"
eighteen years of age.
means any person who has not yet reached
8. "Operator" means any individual, firm, association, partnership, or
corporation operating, managing, or conducting any establishment. The
term includes the members or partners of an association or partnership
and the officers of a corporation.
9. "Parent" means
another person.
a natural parent, adoptive parent, or step-parent of
10. "Public Place" is any place to which the public or a substantial group of
the publiC has access, and includes streets, highways, and the common
Marana Town Code
11-6
areas of schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.
11. "Remain" means to linger or stay or fail to leave premises when requested
to do so by a police officer or the owner, operator, or other person in
control of the premises.
12. "Serious Bodily Injury" means bodily injury that creates a substantial risk
of death or that causes death, serious permanent disfigurement, or
protracted loss or impairment of the function of any bodily member or
organ.
[Revised by Ord. No. 97.35]
[Adopted by Ord. No. 96.16]
Section 11-4-2 Offenses
A. A minor commits an offense if the minor remains in any public place or on
the premises of any establishment within the Town, away from the
property where the minor resides, during curfew hours.
B.
A parent, guardian or person having responsibility of a minor commits an
offense if the parent, guardian or person having responsibility for the
minor knowingly permits, or by insufficient control allows, the minor to
remain in any public place or on the premises of any establishment within
the Town, away from the property where the minor resides, during curfew
hours. It shall not constitute a defense hereto that such parent, guardian
or other person having responsibility for the minor did not have actual
knowledge that the minor was violating the provisions of this Article if such
parent, guardian or other person having responsibility for the minor, in the
exercise of reasonable care and diligence, should have known of the
violation.
"~';''''-,
C. A parent, guardian or other person having the care, custody or
supervision of the minor commits an offense by refusing to take custody
of the minor after such demand is made upon said parent, guardian or
other person having the care, custody or supervision of the minor, by a
law officer who arrests the minor for violations of this Article.
D. The owner, operator, or any employee of an establishment commits an
offense if said owner, operator, or any employee of the establishment
knowingly allows a minor to remain upon the premises of the
establishment during curfew hours.
[Revised by Ord. No. 97.35]
[Adopted by Ord. No. 96.16]
Section 11-4-3 Defenses/Exceptions
A. It is a defense to prosecution under Section 11-3-2 of this Article that:
1. The minor was accompanied by the minor's parent or guardian;
Marana Town Code
11-7
2. The minor was on an errand at the direction of the minor's parent or
guardian without any detour or stop;
3. With prior permission of the parent or guardian, the minor was in a vehicle
involved in interstate travel;
4. The minor was engaged in an employment activity, or going to or
returning home from an employment activity, without any detour or stop
by the most direct route;
5. The minor was involved in an emergency;
6. The minor was on the sidewalk abutting the minor's residence or abutting
the residence of a next-door neighbor if the neighbor did not complain to
the police department about the minor's presence;
""-..,,
7. With prior permission of the parent or guardian, the minor was engaged
in a reasonable, legitimate, and specific business and/or activity.
Examples include, but are not limited to, attending an official school,
religious, or other recreational activity supervised by adults and sponsored
by the Town of Marana, a civic organization, or another similar entity that
takes responsibility for the minor, or going to or returning home from,
without any detour or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored by the Town of
Marana, a civic organization, or another similar entity that takes
responsibility for the minor;
8. With permission of the parent or guardian the minor was exercising First
Amendment rights protected by the United States Constitution, such as
free exercise of religion, freedom of speech, and the right of assembly; or
9. The minor is emancipated, whether emancipation be through marriage,
military service, or other legally sufficient grounds in accordance with
Arizona law.
B. It is a defense to prosecution under Section 11-3-2(D) that the owner,
operator , or employee of an establishment promptly notified the police
department that a minor was present on the premises of the
establishment during curfew hours and refused to leave.
C. (Formerly Section 11-3-4).
[Revised by Ord. No. 97.35]
[Adopted by Ord. No. 96.16]
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Section 11-4-4 Enforcement
A. Before taking any enforcement action under this article, a police officer
shall ask the apparent offender's age and reason for being in the public
place. The officer shall not issue a citation or make an arrest under this
section unless the officer reasonably believes that an offense has
occurred and that, based on any response and other circumstances, no
defense in Section 11-3-5 exists.
[Revised by Ord. No. 97.35]
[Adopted by Ord. No. 96.16]
Section 11-4-5 Penalties
A. Each violation of the provisions of Section 11-3-2 shall constitute a
separate offense.
B. A person convicted of a violation of this Article shall be guilty of a class
one (1) misdemeanor, punishable according to the laws of the State of
Arizona.
[Revised by Ord. No. 97.35]
[Adopted by Ord. No. 96.16]
Article 11-5
NOISE
Section 11-5-1 Unlawful Activities
A. It is hereby declared to be a public nuisance, and it is unlawful for any
person, to play or permit to be played any music or musical instruments
whether played by individuals, orchestra, radio, phonograph, music box
or other mechanical device or means in such a loud or unusual manner
as to be offensive to the senses, or so as to disturb the slumber, peace
and quiet, or otherwise interfere with or annoy the comfortable enjoyment
of life or property of any person and is no less a nuisance because the
extent of the annoyance inflicted is unequal.
B. It is unlawful to play, operate or use any device known as a sound truck,
loud speaker or sound amplifier, radio or any instrument of any kind or
character which emits loud and raucous noises and is attached to and
upon any vehicle unless such person in charge of such vehicle shall have
first applied to and received permission from the chief of police to operate
any such vehicle so equipped.
[Adopted by Ord. No. 96.16]
Section 11-5-2 False Alarms
A. It shall be unlawful to allow or cause a false alarm within the town. A
violation of this section shall be punishable as hereinafter provided.
B. In this article, unless the context otherwise requires:
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1. "Alarm" means any mechanical or electrical device or assembly of
equipment designed or arranged to signal the occurrence of an illegal
entry or other activity requiring urgent attention and to which the police are
expected to respond, or designed or arranged to signal the occurrence of
a fire or excessive smoke requiring urgent attention and to which a fire
department is expected to respond.
2. "Alarm company" means any firm, person, partnership, corporation or
entity which has servicing, maintenance or monitoring duties or
responsibilities under the terms of any agreement or arrangement with
any alarm user within the corporate limits of the town.
3. "Alarm user" means any person, firm, corporation or entity of any kind in
control of any building, premises, structure or facility in which or upon
which an alarm is maintained.
4. "False alarm" means an alarm signal to which police or fire department
personnel respond with any emergency personnel or equipment when a
situation requiring a response by the police or applicable fire department
does not in fact exist, and which signal is caused by the inadvertence,
negligence or intentional act or omission of an alarm company or alarm
user or a malfunction of the alarm.
C. The following shall not be considered false alarms:
1. Alarms caused by the testing, repair or malfunction of telephone
equipment or lines.
2. Alarms caused by an act of God, including earthquakes, floods,
windstorms, thunder or lightning.
3. Alarms caused by an attempted illegal entry of which there is visible
evidence.
4. Alarms caused by the testing, repair or malfunction of electrical utility
equipment or lines.
[Adopted by Ord. No. 96.16]
Article 11-6
PUBLIC URINATION OR DEFECATION
It is unlawful for any person to urinate or defecate in a public place, or in any place
exposed to public view, except in an established lavatory or toilet.
[Adopted by Ord. No. 96.16]
Article 11-7
STORAGE OF INOPERABLE OR UNLICENSED VEHICLES
Section 11-7-1 Unlawful Activities
.-
A. Where any inoperable or unlicensed motor vehicle or major component
of a motor vehicle is stored on a residential lot in the town for more than
thirty days, said vehicle or major components shall be hidden from the
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-,
view of individuals standing at ground level from adjacent lots and streets
by an appropriate fence, wall or landscaping.
B.
A major component of a motor vehicle shall be considered to be a car or
truck body, or parts thereof with or without wheels, a car or truck chassis,
an engine block, transmission or axle with or without any ancillary fixtures.
c.
A residential lot shall be defined as any lot on which a residence exists,
as defined by the town's development code, or any vacant lot adjacent to
one or more lots on which a residence exists.
D.
It is unlawful for any property owner or renter to cause or knowingly permit
the storage on property under his/her control of an inoperable or
unlicensed motor vehicle or major components of a motor vehicle for
more than thirty days without screening those items from view as required
in this section. Each day of violation shall be considered as a separate
offense, and each such vehicle or component shall also constitute a
separate offense.
[Adopted by Ord. No. 96.16]
Article 11-8
PENAL TIES
Section 11-8-1 General
Any violation of this chapter other than section 11-4-2 shall be a class 1
misdemeanor.
[Adopted by Ord. No. 96.16]
Section 11-8-2 False Alarms
Any violation of Section 11-4-2 shall have the following penalties:
1. A civil sanction in an amount of not more than $250.00 may be assessed
against an alarm user for each false alarm which occurs in any building,
premises, structure or facility owned or controlled by the alarm user;
2. A civil sanction in an amount of not more than $250.00 may be assessed
against the responsible alarm company for each false alarm which occurs
in the event that the false alarm was occasioned due to the manner of
installation of the alarm by the responsible alarm company;
3. A civil sanction in an amount of not more than $250.00 may be assessed
against the responsible alarm company for each false alarm which is
occasioned by the failure of the responsible alarm company to properly
service, maintain or monitor any alarm within the town.
[Adopted by Ord. No. 96.16]
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