HomeMy WebLinkAboutOrdinance 96.15 Adopting chapter 10 of the town code relating to health and sanitation
MARANA ORDINANCE NO. 96.15
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA,
ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE, CHAPTER
10, HEALTH AND SANITATION", AS THE TENTH CHAPTER OF THE OFFICIAL TOWN
CODE, ADOPTING TIIE RULES AND REGULATIONS THEREIN AS CONTROLLING LAW
OF TIIE TOWN OF MARANA, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND
RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH.
WHEREAS, the Town of Maran a wishes to establish and codify the laws of the town as a
unified code to standardize and maintain accessible, readable, and understandable rules and
procedures for the protection and security of its citizens; and
WHEREAS, that document herein referred to as "MARANA TOWN CODE, CHAPTER 1 0,
HEALTH AND SANITATION' has been made a public record by the adoption of Resolution No.
96-24 on March 19, 1996 by the Mayor and Council of Maran a; and
WHEREAS, it has been determined that the adoption of that public record herein referred
to as "MARANA TOWN CODE, CHAPTER 10, HEALTH AND SANITATION' is in the best
interests of the citizens of the Town of Mar ana.
~
NOW, TIIEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Maran a
Arizona, as follows:
SECTION 1. That certain document entitled "MARANA TOWN CODE, CHAPTER 1 0,
HEALTH AND SANITATION', three copies of which are on file in the office of the town clerk of
the Town of Maran a, Arizona, said document having been made a public record by Resolution No.
96-24 of the Town of Maran a, Arizona, is hereby referred to and made a part hereof as iffully set
out in this ordinance and is hereby adopted as law, rules and procedures for the Town of Mar ana.
SECTION 2. The penalty for a violation of this chapter of the Town Code shall be as
follows:
Article 11-7 PENALTIES
Section 11-7-1
General
Notwithstanding any criminal penalties as prescribed under Title 13, Arizona Revised
Statutes, a violation of any portion of this Chapter except as outlined below is a civil offense
punishable by a civil sanction of not more than $500.00. Each day the violation continues
shall constitute a separate and distinct offense.
Marana, Arizona Ordinance 96.15
Page 1 of2
Section 11-7-2
Travel Reduction
A violation of any provision of Article 10-4 of this Chapter is a petty offense. Each day the
violation continues shall constitute a separate and distinct offense.
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 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. Ifany 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 of the Town of Maran a, Arizona this
19th day of March, 1996.
~~-
Mayor E HONEA
Daniel 1. Hochuli
Town Attorney
Marana, Arizona Ordinance 96.15
Page 2 of2
CHAPTER 10
HEALTH AND SANITATION .............10-1
Article 10-1 TRANSPORTATION OF GARBAGE OR REFUSE.................... 10-1
Article 10-2 REMOV AL OF LITTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10-1
Section 10-2-1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10-1
Section 10-2-2 Litter on Private Premises or Public Place . . . . . . . . . . . . . . . . . . . " 10-1
Section 10-2-3 Owner to Maintain Premises ............................... 10-1
Section 10-2-4 Procedure to Compel Removal of Litter . . . . . . . . . . . . . . . . . . . . . .. 10-1
Section 10-2-5 Notice to Remove . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10-2
Section 10-2-6 Service of Notice ........................................ 10-2
Section 10-2-7 Appeal to Council ........................................ 10-2
Section 10-2-8 Removal by Town. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10-2
Section 10-2-9 Lien for Removal ........................................ 10-3
Article 10-3 SEWAGE SLUDGE.. . .... .. . . . . ........ . . . . . . . . . . . . . ... . .. . . ... 10-3
Section 10-3-1 Residential Areas ....................................... 10-3
Section 10-3-2 Flood Plain Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10-3
Section 10-3-3 Other Areas ............................................ 10-3
Section 10-3-4 Reporting Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10-4
Section 10-3-5 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10-4
Article 1 0-4 TRAVEL REDUCTION CODE .................................... 10-4
Section 10-4-1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10-4
Section 10-4-2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10-4
Section 10-4-3 Jurisdiction/Lead Agency .................................. 10-6
Section 10-4-4 Applicability; Voluntary Participation ......................... 10-6
Section 10-4-5 Requirements for Employers ............................... 10-7
Section 10-4-6 Variance and Appeals .................................... 10-9
Section 10-4-7 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10-9
Article 10-5 FIREWORKS PERMITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10-10
Section 10-5-1 Issuance of Permits ..................................... 10-10
Section 10-5-2 Application for Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10-10
Section 10-5-3 Permit Fee ............................................ 10-10
Section 10-5-4 Required Information in Application ......................... 10-10
Section 10-5-5 Investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10-11
Section 10-5-6 Bond Requirement ...................................... 10-11
Section 10-5-7 Permit Non-transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10-11
Marana Town Code
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rev. 3196
Article 1 0-6 PENALTIES. . . . . . . . . . . . . . . . . . .. . .. . . .. . . . . .. . . . . . . .. . . . .. . .. 10-11
Section 10-6-1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10-11
Section 10-6-2 Travel Reduction ....................................... 10-11
Marana Town Code
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rev. 3/96
CHAPTER 10
HEALTH AND SANITATION
Article 10-1 TRANSPORTATION OF GARBAGE OR REFUSE
It is unlawful to transport garbage or refuse within the town limits in an open vehicle unless the garbage
or refuse is in a closed container, or unless there is a tarpaulin or other cover completely covering the
top, sides, front and rear of the garbage or refuse.
Article 1 0-2 REMOVAL OF LITTER
Section 10-2-1
Definitions
A. In this article, unless the context otherwise requires:
1. "Litter" means any rubbish, trash, weeds, filth or debris which constitute a hazard to public
health and safety and shall include all putrescible and nonputrescible solid wastes
including garbage, trash, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial waste, any deposit, accumulation, pile or heap of brush,
grass, debris, weeds, cans, cloth, paper, wood, rubbish or other unsightly or unsanitary
matter of any kind whatsoever, and any growth of weeds, brush, grass or other vegetable
growth to a height of over six inches.
2. "Private premises" means any dwelling, house, building or other structure, including those
designed or used either wholly or in part for private residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds,
walk, driveway, porch, steps or vestibules belonging or appurtenant to such dwelling,
house, building or other structure.
3. "Public place" means any and all streets, sidewalks, boulevards, alleys or other pUblic
ways, and any and all public parks, squares, spaces, grounds and buildings.
Section 10-2-2 Litter on Private Premises or Public Place
No person shall throw or deposit litter on any public place or private premises within the town,
whether owned by such person or not, except that the owner or person in control of private
premises may maintain authorized private receptacles for refuse in such a manner that litter will
be prevented from being carried or deposited by the elements upon any publiC place. Any person
violating the provisions of this section shall be liable for any costs assessed for removal of such
litter.
Section 10-2-3 Owner to Maintain Premises
The owner or person in control of any private premises shall at all times maintain the premises free
of litter, provided that this section shall not prohibit the storage of refuse in suitable containers.
Section 10-2-4 Procedure to Compel Removal of Litter
The town manager shall enforce the provisions of sections 10-2-2 and 10-2-3 by prosecuting
violators in the Marana municipal court pursuant to the provisions of this code. If such prosecution
fails to secure compliance with the provisions of said sections, or in the event of inability to
Marana Town Code
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prosecute violators by reason of failure to secure jurisdiction over their persons, the manager shall
compel the removal of litter by the procedure outlined in sections 10-2-5 through 10-2-9, 10-4-2,
10-4-2.
Section 10-2-5 Notice to Remove
To compel the removal of litter through the provisions of this article, if a person owning or
controlling any private premises fails, neglects or refuses to remove or properly dispose of litter
located on private premises owned or controlled by such person, he or she shall be given written
notice by the manager to remove all litter from such private premises within thirty days from the
date set on the notice for compliance. Such notice shall be given not less than thirty days before
the date set thereon for compliance and shall contain an estimate of the cost of removal by the
town, a statement that unless the person owning or controlling such private premises complies
therewith within thirty days from the date of compliance on such written notice, that the town will,
at the expense of the person owning or controlling said private premises, perform the necessary
work at a cost not to exceed the estimate given in the notice, and that such person may appeal in
writing to the council within thirty days from the date of compliance on the notice.
Section 10-2-6 Service of Notice
The notice to remove set forth in sections 10-2-5 shall be personally served on the owner or person
controlling such private premises, by any duly authorized official of the town in the manner
provided in Rule 4(d} of the Arizona Rules of Civil Procedure, or mailed to the owner or person
controlling such private premises at his last known address by certified or registered mail, or the
address to which the tax bill for the property was last mailed. If the owner does not reside on such
property, a duplicate notice shall also be sent by certified or registered mail at his or her last known
address.
Section 10-2-7 Appeal to Council
Prior to the date set for compliance on the notice to remove, the owner or person controlling such
premises may appeal in writing to the council from the demand of the manager. The council shall,
within thirty days after receiving the appeal, hear and determine the same and the decision of the
council shall be final. The council may either affirm or reverse the decision of the manager or
modify the scope of the work as required in the notice. No action shall be taken by the town, until
the council has heard and determined all matters contained in the notice of appeal.
Section 10-2-8 Removal by Town
When any such person to whom a notice to remove has been given, and on or before the date of
compliance on the notice or within such further time as may have been granted by the council on
appeal, fails, neglects or refuses to move from such private premises any or all litter, the manager
is authorized and directed to cause same to be removed and disposed of at the expense of the
owner or person controlling such private premises. Upon completion of the work, the manager
shall prepare a verified statement of account of the actual cost of such removal or abatement, the
date the work was completed, and the street address and the legal description of the property on
which said work was done, including five percent for additional inspection and other incidental
costs in connection therewith, and shall serve a duplicate copy of such verified statement upon the
person owning or controlling such property in the manner prescribed in section 10-2-6. The owner
or person controlling such private premises shall have thirty days from the date of service upon him
or her to appeal in writing to the council from the amount of the assessment as contained in the
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rev. 3196
verified statement. If an appeal is not filed with the clerk within such thirty day period, then the
amount of the assessment as determined by the manager shall become final and binding. If an
appeal is taken, the council shall, at its next regular meeting, hear and determine the appeal and
may affirm the amount of the assessment, modify the amount thereof, or determine that no
assessment at all shall be made. The decision of the council shall be final and binding on all
persons.
Section 10-2-9 Lien for Removal
If no appeal is taken from the amount of the assessment, or if an appeal is taken and the council
has affirmed or modified the amount of the assessment, the original assessment or the
assessment as so modified shall be recorded in the office of the county recorder and, from the date
of its recording, shall be a lien on said lot or tract of land until paid. Such liens shall be subject to
and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances
of record. A sale of the property to satisfy a lien obtained under the provisions of this section shall
be made upon judgment of foreclosure or order of sale. The town shall have the right to bring an
action to enforce the lien in the superior court at any time after the recording of the assessment,
but failure to enforce the lien by such action shall not affect its validity. The recorded assessment
shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all
proceedings prior to the recording thereof. A prior assessment for the purposes provided in this
article shall not be a bar to subsequent assessments for such purposes, and any number of liens
on the same lot or tract of land may be enforced in the same action.
Article 10-3 SEWAGE SLUDGE
Section 10-3-1
Residential Areas
The use of land within the town that is within one-quarter mile of a human residence that is also
within the town for the application of or injection of sewage sludge to the surface or within eight
inches of the surface shall be prohibited, except where said residence is owned by the owner of
the land where sludge is to be applied or injected or where a written waiver has been obtained from
the resident or owner of the residence and where said waiver has been filed with the town clerk.
Section 10-3-2 Flood Plain Areas
The use of land within the designated flood plain of the Santa Cruz River as defined by the town
zoning ordinance or development code for the application of or injection of sewage sludge within
eight inches of the surface shall be prohibited.
Section 10-3-3 Other Areas
The use of any other land within the town for the application of or injection of sewage sludge to the
surface or within eight inches of the surface shall be in accordance with standards and regulations
of the United States Environmental Protection Agency, the Arizona Department of Health Services
and the Pima County Health Department for the protection of those who may work on said land
and for those who may use such land at a later time for purposes other than the growing of crops
or other agricultural purposes, including residential, commercial, industrial and public land uses.
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Section 10-3-4 Reporting Requirements
Any use of land within the town for the application or injection of sewage sludge shall be reported
to the town clerk upon the initiation of such land use at each site approved by the Arizona
Department of Health Services, in accordance with the regulations of the State of Arizona and the
Pima County Department of Wastewater Management.
Section 10-3-5 Enforcement
Enforcement of this article shall be the responsibility of the town planning and zoning administrator,
but other law enforcement officers of the town may be called upon to enforce its provisions from
time to time.
Article 1 0-4 TRAVEL REDUCTION CODE
Section 1 0-4-1
Purpose
The purpose of this Article, recognizing that motor vehicles are the single greatest contributor to
air pollution, is to improve air quality and reduce traffic congestion within the incorporated and
unincorporated areas of Pima County by increasing alternate mode usage and reducing overall
motor vehicle travel for commute trips. This article shall establish a basis for a cooperative effort
of the local jurisdictions to achieve a uniform program for reduction of work related trips by
employees working for major employers subject to this regulation.
Section 10-4-2 Definitions
A. The following definitions shall apply unless the context clearly indicates otherwise.
1. "Airshed" means that area delineated on the map attached as Map 10-4-2(A) (1).
2. "Alternate Mode" means any mode of commuter transportation other than the single
occupancy motor vehicle.
3. "Approvable Travel Reduction Plan" means a plan submitted by a major employer that
meets the requirements as set forth in section 10-4-5.
4. "Carpool" or "Vanpool" means two or more persons traveling in a light duty vehicle (car,
truck or van) to or from work.
5. "Commuter Trip" means a trip taken by an employee to or from work within the airshed.
6. "Commuter Matching Service" means any system, whether it uses computer or manual
methods, which assists in matching employees for the purpose of sharing rides to reduce
drive alone travel.
7. "Employer" means a sole proprietor, partnership, cooperation, unincorporated association,
cooperative, joint venture, agency, department, district or other individual or entity, either
public or private, that employs workers. See also "Major Employer" and "Voluntary
Employer".
Marana Town Code
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8. "Full Time Equivalent (FTE) employees" means the number of employees an employer
would have if the employer's work needs were satisfied by employees working forty hour
work weeks. The number of full time equivalent employees for any employer is calculated
by dividing the total number of annual work hours paid by the employer, by 2080 work
hours in a year.
9. "Local Jurisdictions" includes Pima County, City of Tucson, Town of Marana, Town of Oro
Valley, Town of Sahuarita and City of South Tucson.
10. "Major Employer" means an employer who employs one hundred or more full time
equivalent employees at a work site during a twenty-four hour period for at least 6 months
during the year.
11. "Mode" means the type of conveyance used in transportation including single occupancy
motor vehicle, rides hare vehicle (carpool or vanpool), transit, bicycle, and walking.
12. "Motor Vehicle" means any vehicle propelled by a motor; including car, van, bus,
motorcycle, and all other motorized vehicles.
13. "Public Agency" means any political subdivision of this state and any board, commission
or agency thereof.
14. "Public Interest Group" means any nonprofit group whose purpose is to further the welfare
of the community.
15. "Regional Program" means the combination of all implemented plans within the airshed
combination.
16. "Ridesharing" means transportation of more than one person for commute purposes, in a
motor vehicle, with or without the assistance of a commuter matching service.
17. "Transir means a bus or other publiC conveyance system.
18. ''Transportation Coordinator" means a person designated by an employer, property
manager, or transportation management association as the lead person in developing and
implementing a travel reduction plan.
19. ''Transportation Management Association" (TMA) means a group of employers or
associations formally organized to seek solutions for transportation problems experienced
by the group. .
20. ''Travel Reduction Plan" means a written report outlining travel reduction measures which
will be submitted annually by each major employer.
21. ''Travel Reduction Program" means a program, implementing a travel reduction plan by an
employer, designed to achieve a predetermined level of travel reduction though various
incentives and disincentives.
22. ''Travel Reduction Program Regional Task Force" means that task force established
pursuant to the intergovernmental agreement to be entered into by the local jurisdictions.
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23. "Van pool" see "Carpool".
24. "Vehicle Occupancy" means the number of occupants in a motor vehicle including the
driver.
25. "Vehicle Miles Traveled" (VMT) means the number of miles traveled by a motor vehicle for
commute trips.
26. "Work Site" means a building or any grouping of buildings located within the Town of
Marana which are on physically contiguous parcels of land or on parcels separated solely
by private or public roadways or rights-of-way, and which are owned or operated by the
same employer.
8. As utilized in this Article, the following shall have the indicated meanings.
1. P AG - Pima Association of Government
2. TMA- Transportation Management Association
3. TRO- Travel Reduction Ordinance and Code
4. TRP- Travel Reduction Program
5. VMT- Vehicle Miles Traveled
Section 10-4-3 Jurisdictionllead Agency
A. The town council of the Town of Marana shall evaluate major employers' TRP plans received
from the TRP task force. The lead agency shall have 45 days to object to any such plan
received, otherwise the plan is automatically approved. Any such objection shall be based
upon the criteria set forth in section 10-4-48. If the lead agency objects, the plan is not
approved and shall be returned to the TRP task force with appropriate comments for review
and revision in consultation with the employer.
B. The lead agency shall receive recommendations for enforcement from the TRP task force. The
lead agency shall take such action as it deems necessary.
Section 10-4-4 Applicability; Voluntary Participation
A. The provisions of this code shall apply to all major employers.
B. Employers or groups of employers with less than 100 full time equivalent employees at a single
work site are encouraged to participate in data collection and information dissemination efforts
and in the preparation of their own travel reduction plans on a voluntary basis. These groups
shall be assisted by the TRP task force, the TRP technical advisory committee and TRP staff,
and shall be eligible for participation in all programs and services. Groups of employers are
encouraged to form transportation management associations.
Marana Town Code
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Section 10-4-5 Requirements for Employers
A. In each year of the regional program each major employer shall:
1. Provide each regular employee with information on alternate mode options and travel
reduction measures including, but not limited to: Sun Tran bus routes and schedules, the
RideShare program, and bicycle routes. This information shall also be provided to new
employees at the time of hiring.
2. Participate in a survey and reporting effort, forms for which will be provided by the TRP
task force. The results of this survey shall form a baseline against which attainment of the
targets in this section shall be measured as follows:
(i) The baseline for participation in alternative modes of transportation shall be based on
the total number of employees.
(ii) The baseline for VMT shall be the average VMT per employee for employees not
residing on the work site.
3. Prepare and submit a Travel Reduction Plan for submittal to TRP staff and presentation
to the TRP Task Force. TRP staff will assist in preparing the Plan. Major Employers shall
submit plans within nine weeks after they receive survey data results. The Plan shall
contain the following elements.
(i) The name of the designated Transportation Coordinator.
(ii) A description of employee information programs and other Travel Reduction Measures
which have been completed in the previous year.
(Hi) A description of travel reduction measures to be undertaken by the major employer in
the coming year. The following measures may be included:
1) A commuter matching service, in addition to or coordinated with PAG's
RideShare program, to facilitate employee ridesharing for work trips.
2) Provision of vans for vanpooling.
3) Subsidized carpooling or vanpooling which may include payment for fuel,
insurance or parking.
4) Use of company vehicles for carpooling.
5) Provision of preferential parking for carpool or van pool users which may
include close-in parking or covered parking facilities.
6) Cooperation with Sun Tran or other transportation providers to provide
additional regular or express service buses to the work site.
..
7) Subsidized bus fares.
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8) Construction of special loading and unloading facilities for transit and carpool
and van pool users.
9) Cooperation with local jurisdictions to construct walkways or bicycle routes to
the work site.
10) Provision of bicycle racks, lockers, and showers for employees who walk or
bicycle to and from work.
11) Provisions of special information center where information on alternate modes
and other travel reduction measures will be available.
12) Establishment of a work-at-home program, full or part time, for employees.
13) Establishment of a program of adjusted work hours which may include
compressed work weeks and employee-selected starting and stopping hours.
Work hour adjustments should not interfere with or discourage the use of
ridesharing and transit.
14) Establishment of a program of parking incentives and disincentives; such as
a fee for parking and/or a "rebate" for employees who do not use the parking
facility .
15) Incentives to encourage employees to live closer to work.
16) Implementation of other measures designed to reduce commute trips such as
the provision of day care facilities or emergency taxi services.
4. An approvable travel reduction plan shall meet all of the following criteria:
(i) The plan shall designate a transportation coordinator.
(ii) The plan shall describe a mechanism for regular distribution of alternate mode
transportation information to employees.
(iii) For employers who in any year, meet or exceed annual regional targets for travel
reduction, the plan shall accurately and completely describe current and planned travel
reduction measures.
(iv) For employers who, in any year, fall below the regional targets for travel reduction, the
plan shall include commitments to implement:
1) At least two specific travel reduction measures (such as those described in section
10-4-5 (A) (5) of this article) in the first year of the regional program.
2) At least three specific alternate modes incentives programs (such as those
described in Section 10-4-5 (A) (5) of this article) in the second year of the regional
program.
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(v) After the second year, the travel reduction program task force shall review the travel
reduction programs for employers not meeting regional targets and may recommend
additional measures.
5. Employers shall implement all travel reduction measures considered necessary by the task
force to attain the following target employee participation in alternate modes or commuter
trip VMT Reductions per regulated work site:
(i) 15% of the total employee pool in the first year of the regional program.
(ii) 20% of the total employee pool in the second year of the regional program.
(Hi) 25% of the total employee pool in the third year of the regional program.
6. After the third year of the regional program, either:
(i) An increase in employee participation in alternate modes of 1 % per year for each
subsequent year until 40% of all commute trips are made by alternate modes; or:
(ii) Alternatively, a reduction in average annual VMT per employee of 1.5% per year can
be selected by a major employer after a 25% alternate mode or commuter trip VMT
reduction usage is achieved.
Section 10-4-6 Variance and Appeals
A. Variances
1. The TRP task force shall serve as a hearing board for major employers requesting
variances from all or part of TRP ordinance requirements and/or travel reduction plan
scheduling.
2. Any major employer wishing a variance form any of the requirements of this chapter shall
make written application to the TRP task force which will determine whether to recommend
the variance. The recommendation will be forwarded within forty-five days to lead Agency
which will or will not authorize the variance. Request for variances shall be finally
approved or disapproved within 90 days of the filing of a request by an employer.
B. Appeals
1. Any affected major employer may appeal a decision of the lead agency to authorize or
withhold variances or a decision of the lead agency regarding enforcement or other
provision of this article.
2. The town council will hear and decide the appeal. If the decision is to disapprove the plan,
the plan shall be returned to the TRP task force for review and revision or to the lead
agency for appropriate action.
Section 10-4-7 Enforcement
A. The lead agency, upon determining an substantial violation of this code, shall request the town
attorney to take appropriate legal action.
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B. Violations of any of the following requirements may subject a major employer to enforcement
actions.
1. Failure to collect or supply information requested by the TRP task force.
2. Failure to disseminate information on alternate modes and other travel reduction Measures
as specified herein.
3. Failure to designate a transportation coordinator.
4. Failure to submit an approvable travel reduction plan.
5. Failure to implement an approved plan within the time schedule provided or failure to
perform a revision of a plan as required by the TRP task force.
C. Failure by a major employer to meet travel reduction goals as defined in section 10-4-5 (7) and
(8) shall not constitute a violation provided that the major employer is attempting in good faith
to meet the goals.
Article 10-5 FIREWORKS PERMITS
Section 1 0-5-1
Issuance of Permits
The town clerk is hereby authorized to issue permits for public displays of fireworks within the town
limits, subject to compliance by the applicant with this article. Other than as set forth in this article,
the sale, use or possession of any fireworks within the town limits is unauthorized and unlawful.
Section 10-5-2 Application for Permit
Any person wishing to have a public display of fireworks within the town limits must make written
application for a fireworks permit to the town clerk, on a form to be prescribed by the town clerk,
not less than fifteen days prior to the date of the fireworks display.
Section 10-5-3 Permit Fee
All applications for fireworks permits must include a non-refundable permit fee in the amount of
$100.00 to cover the cost of investigating the application and processing of permits. This fee may
be waived in the sole discretion of the town clerk for non-profit corporations whose principal place
of business is located within the town.
Section 10-5-4 Required Information in Application
A. Each application for a fireworks permit shall include the following information:
1. The name, address, phone number and date of birth of the applicant.
2. The occupation, business address and business phone number of the applicant.
Marana Town Code
10-10
rev. 3196
3. The date or dates that the public display of fireworks will be held, the times during which
the public display of fireworks will be held, and the location from which the public display
of fireworks will be held.
4. A complete description of the method, manner and handling of all fireworks, including but
not limited to the storage prior to the public display, and the manner in which the public
display will be held.
5. The name, address and phone number of the operator of the public display of fireworks,
together with a full description of all of the operator's qualifications and experience to
operate a public display of fireworks.
6. The exact type and number of fireworks to be utilized at the public display.
Section 10-5-5 Investigation
The town clerk shall cause an investigation to be conducted to determine, among other things, that
the display is being handled by a competent operator, and that the display of fireworks is of such
character and located in such an area that when the fireworks are discharged they will not be
hazardous to property or endanger any person.
Section 10-5-6 Bond Requirement
After considering the potential danger to property and the proximity of the display to existing
structures, the town clerk shall require a cash bond or surety bond issued by an insurance carrier
licensed in the State of Arizona in the sum of not less than $500.00 nor more than $5,000.00, said
bond to be issued to insure that payment be made for all damages which may be caused to
persons or property by reason of the display.
Section 10-5-7 Permit Non-transferable
Any permit issued pursuant to this article is not transferable nor assignable, and shall be issued
in the name of the applicant, with the competent operator of the fireworks display to be designated
thereon, and shall specify and be limited to the specific location, times, number and types of
fireworks as contained in the permit.
Article 1 0-6 PENALTIES
Section 10-6-1
General
Notwithstanding any criminal penalties as prescribed under Title 13, Arizona Revised Statutes, a
violation of any portion of this chapter except as outlined below is a civil offense punishable by a
civil sanction of not more than $500.00. Each day the violation continues shall constitute a
separate and distinct offense.
Section 10-6-2 Travel Reduction
A violation of any provision of article 10-4 of this chapter is a petty offense. Each day the violation
continues shall constitute a separate and distinct offense.
Marana Town Code
10-11
rev. 3196