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Home My WebLink AboutOrdinance 97.35 Amending chapter 11 of the town code relating to offenses - .. MARANA ORDINANCE NO. 97.35 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMENDING CHAPTER 11 OF THE TOWN CODE OF THE TOWN OF MARANA BY AMENDING ARTICLE 11-3, "MINORS; LOITERING AND CURFEW," ESTABLISHING PENALTIES FOR VIOLATIONS THERETO, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Town Council did, on the 4th day of November, 1980, pass Ordinance No. 80.04 which repealed Ordinance No. 78.05 relating to loitering and violations of curfew by minors and which substituted a new ordinance regarding the same; and WHEREAS, said Ordinance relating to loitering and violations of curfew by minors has been amended from time to time; and WHEREAS, the Town Council did, on the 19th day of March, 1996, adopt Marana Town Ordinance No. 96.16, adopting that Chapter of the Town Code entitled, "Chapter 11, Offenses," which includes an article relating to loitering and violations of curfew by minors; and WHEREAS, due to recent decisions by the Courts, the article relating to loitering and curfew by minors may be unconstitutional; and WHEREAS, amending Chapter 11 Offenses, Article 11-3 Minors; Loitering and Curfew, will bring the article into compliance with the recent Court decisions; and WHEREAS, amending Chapter 11 Offenses, Article 11-3 Minors; Loitering and Curfew, is in the best interests of the citizens of the Town of Maran a; and WHEREAS, Article 11-3, "Minors; Loitering and Curfew," has been made a public record by the adoption of Resolution No. 97-120 on the 2nd day of December, 1997, by the Mayor and Council of the Town of Mar ana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Maran a, Arizona, as follows: Section 1. That certain document entitled "The Code of the Town of Maran a, Arizona, Chapter 11, "Offenses," Article 11-3, "Minors; Loitering and Curfew," three copies of which are on file in the office of the Town Clerk of the Town of Maran a, said document having been made a public record by Resolution No. 97-120, is hereby referred to, adopted and made a part hereof as iffully set out in this ordinance. Marana, Arizona Ordinance 97.35 Page 1 of 3 Section 2. Penalties for violations of Article 11-3 of the Code of the Town of Maran a, Arizona are as follows: ARTICLE 11-3 MINORS; LOITERING AND CURFEW SECTION 11-3-4 ENFORCEMENT A. BEFORE TAKING ANY ENFORCEMENT ACTION UNDER TillS 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 TIllS SECTION UNLESS THE OFFICER REASONABLY BELIEVES THAT AN OFFENSE HAS OCCURRED AND THAT, BASED ON ANY RESPONSE AND OTHER CIRCUMSTANCES, NO DEFENSE IN SECTION 11-3-3 EXISTS. SECTION 11-3-5 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 TillS ARTICLE SHALL BE GUILTY OF A CLASS ONE (1) MISDEMEANOR, PUNISHABLE ACCORDING TO THE LAWS OF THE STATE OF ARIZONA. 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. All Marana 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 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 Marana, Arizona 'Ordinance 97.35 Page 2 of 3 PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona this 2nd day of December, 1997. MaYO~~~ A. TtEs........T..-...~.>~)i.,.)............-.-' ./0") . .' )/ ../ /.,. 7. ./0' /./ r' '. /.0. ~;.> ~ ""..__~(.o /?j\ ~-:-~ ,--r-';;;"';~.o /U-r.-.----o Sandra~. Gt:6s~close ./ ,r. ..___Town Clerlt / ; /~ / I APPRO~AS TO FORM: ~ ~~J. H';"~ - - . Town Attorney Marana, Arizona Ordinance 97.35 Page 3 of 3 Article 11-3 MINORS; LOITERING AND CURFEW Section 11-3-1 Definitions A. In this section, unless the context otherwise requires: -- Marana Town Code 2. "Custodian" means any person, not a juvenile, who is in loco parentis to a juvenile. 3. I~ 5. $.~ 7. means any person who has not yet reached 8. 9. 11-2 rev. 11/97 Il11 11. 12. - Section 11-3-3 Curfew for Juveniles Under Sixteen Years Old It is unla'VVful for any juvenile, prior to his/her sixteenth birthday, to be, remain, loiter or cruise in any vehicle, in, about or upon any place in the town away from the dwelling house or usual place of abode of said juvenile, between the hours of 10:00 o'clock p.m. and 5:00 o'clock a.m. of the following day. Section 11-3-4 Curfew for Juveniles Over Sixteen Years Old Marana Town Code 11-3 rev. 11/97 ~ ~- about or upon any place in the town away from the dwelling house or usual place of abode of said juvenile, between the hours of 12:00 o'clock midnight and 5:00 o'clock a.m. of the following day. Section 11-3-5 Defenses/Exceptions A. - j~ I~ a, 4~ 5.: 12:. u'. ~. :l::. f3"; - Marana Town Code 11-4 rev. 11/97 -- ;:;, The provisions of this section shall not apply to any juvenile when he or she is accompanied by his or her parent, guardian or custodian, or when said jUvenile is lawfully married, or when said juvenile is on an emergency errand, or when said juvenile's business or activity is directed or permitted by his or her parents, guardian or custodian. (Formerly Section 11-3-4). Section 11-3-6 Parental Responsibilities It is unlawful for the parent, guardian or custodian of any jUvenile to permit said juvenile to be, remain, loiter or cruise in any vehicle, in, about or upon any place in the town away from the dwelling house or usual place of abode of such juvenile in violation of this section. Section 11-3-7 ...i A":"~, ~li.iI:~:,::,lfi f.tIill!@$ 1- Marana Town Code 11-5 rev. 11/97