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HomeMy WebLinkAboutOrdinance 97.20 Amending chapter 13 of the town code relating to parks MARANA ORDINANCE NO. 97.20 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING CHAPTER 13 (pARKS & RECREATION) SECTIONS 13-1-2 AND 13-1-3 OF THE MARANA TOWN CODE AND REPEALING ALL RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Town of Marana did adopt Chapter 13 of the Marana Town Code on January 2, 1996, which outlined regulations governing parks and recreation within the town limits of Mar ana; and WHEREAS, the Mayor and Council desire to amend Chapter 13, Section 13-1-2 ofthe Town Code by restricting the type of alcohol which may be consumed in Town parks and recreation areas, and further amend Chapter 13, Section 13-1-3 of the Town Code to restrict potentially damaging use of the park tennis and basketball courts, to restrict the possession of glass containers in park areas, and to establish the hours which the Town parks and recreation areas will be open to the public, and have determined that the adoption of the amendments are in the best interests of the citizens of the Town of Mar ana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town ofMarana, Arizona, that: Section 1. Section 13-1-2 of the Marana Town Code is amended, with additions shown by CAPITAL LETTERS and deletions shown by strikeout, as follows: Section 13-1-2 Intoxicants and Disturbing the Peace A. No person shall consume spirituous liquor in town parks and recreation areas, including parking lots and driveways, except on premises under lease or permit from the to"lm upon compliance with the terms of the lease or permit and with appliasble state liquor licensing laws THAT BEER MAY BE CONSUMED WHEN THE APPROPRIATE PERMIT IS OBTAINED FROM THE TOWN, CONSUMPTION REMAINS IN COMPLIANCE WITH THE TERMS OF SAID PERMIT, AND SUCH CONSUMPTION IS IN ADHERENCE WITH ALL STATE LAWS. B. "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, port, ale, beer, any malt liquor, malt beverage, absinthe or compound or mixture of any of them, or of any of them with any vegetable or other substances, alcohol bitters, bitters containing alcohol, and any liquid intoxication, fruits preserved in ardent spirits and beverages containing more than one-half of one percent of alcohol by volume. "BEER" MEANS ANY BEVERAGE OBTAINED BY THE ALCOHOLIC FERMENTATION, INFUSION, OR DECOCTION OF BARLEY MALT, HOPS, OR Marana, Arizona Ordinance 97.20 Page 1 of 3 ~ OTHER INGREDIENTS NOT DRINKABLE, OR ANY COMBINATION OF THEM. Section 2. Section 13-1-3 of the Marana Town Code is amended, with additions shown by CAPITAL LETTERS and deletions shown by stlikeont, as follows: Section 13-1-3 Use and Occupancy Rules and Regulations A. It is unlawful in any town park to: 14. BICYCLE, SKATEBOARD, ROLLER SKATE OR ROLLER BLADE ON TENNIS OR BASKETBALL COURTS, OR ON ANY OTHER SURFACE WHICH IS MARKED TO PROHIBIT THESE ACTIVITIES. IS. POSSESS GLASS CONTAINERS B. HOURS OF PARK ESTABLISHED. THE PARKS AND RECREATION AREAS, UNLESS OTHERWISE POSTED, SHALL BE OPEN FROM 7:00 A.M. UNTIL 10:00 P.M. Section 4. The penalty provisions for violations of the above regulations are as follows: Section 13-1-4 Violations and Penalties A person or corporation who violates any of the foregoing rules and regulations is guilty of a class one misdemeanor, punishable by a maximum fine of two thousand five hundred dollars ($2,500.00), a maximum term of incarceration of six (6) months, and a maximum length of probation of three {3} years. Section 5. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 6. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of that repeal. Section 7. 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, Arizona Ordinance 97.20 Page 2 of 3 PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona this 21st day of October, 1997. ~. ~ MaYOrORA~ ~ AP <WED AS TO FORM: '~ 'V Daniel 1. Hochuli Town Attorney .- Manna, Arizona Ordinance 97.20 Page 3 of 3