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HomeMy WebLinkAboutOrdinance 96.16 Adopting chapter 11 of the town code relating to offenses .-- MARANA ORDINANCE NO. 96.16 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE, CHAPTER 11, OFFENSES", AS THE ELEVENTH CHAPTER OF THE OFFICIAL TOWN CODE, ADOPTING THE RULES AND REGULATIONS THEREIN AS CONTROLLING LAW OF THE 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 11, OFFENSES" has been made a public record by the adoption of Resolution No. 96-25 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 11, OFFENSES" is 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 of Maran a, Arizona, as follows: SECTION 1. That certain document entitled "MARANA TOWN CODE, CHAPTER 11, OFFENSES", three copies of which are on file in the office of the town clerk of the Town of Marana, Arizona, said document having been made a public record by Resolution No. 96-25 of the T own of Marana, Arizona, is hereby referred to and made a part hereof as if fully 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 Any violation of this chapter other than section 11-4-2 shall be a class 1 misdemeanor. Marana, Arizona Ordinance 96.16 Page 1 of2 ""- Section 11-7-2 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. 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 APPROVED AS TO FORM: ~~ Daniel J. Hochuli Town Attorney Marana, Arizona Ordinance 96.16 Page 2 of2 CHAPTER 11 OFFENSES . . . . . . . . . . . . . . . . . . . . . . . . .. 11-1 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 MINORS; LOITERING AND CURFEW . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. 11-2 Section 11-3-1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11-2 Section 11-3-2 Curfew for Juveniles Under Sixteen Years Old ................. 11-2 Section 11-3-3 Curfew for Juveniles Over Sixteen Years Old .................. 11-2 Section 11-3-4 Exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-2 Section 11-3-5 Parental Responsibilities .................................. 11-2 Article 11-4 NOISE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11-2 Section 11-4-1 Unlawful Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-2 Section 11-4-2 False Alarms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11-3 Article 11-5 PUBLIC URINATION OR DEFECATION. ........... ......... .. . . . .. 11-3 Article 11-6 STORAGE OF INOPERABLE OR UNLICENSED VEHICLES . . . . . . . . . . " 11-4 Section 11-6-1 Unlawful Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-4 Article 11-7 PENALTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11-4 Section 11-7-1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-4 Section 11-7-2 False Alarms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11-4 Marana Town Code xvi rev. 3196 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. 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. 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.A.S. ~13-3401 et seq., or any subsequent amendments thereto. 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. Section 11-2-3 Duty of Police to Seize Unlawful Paraphernalia 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.A.S. ~13-3401 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 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. Marana Town Code 11-1 rev. 3196 Article 11-3 MINORS; LOITERING AND CURFEW Section 11-3-1 Definitions A. In this section, unless the context otherwise requires: 1. "Custodian" means any person, not a juvenile, who is in loco parentis to a juvenile. 2. "Guardian" means any person other than a parent, who has legal guardianship of the person of a juvenile. 3. "Juvenile" means any person who has not yet reached eighteen years of age. 4. "Parenr means any natural or adoptive parent of a juvenile. Section 11-3-2 Curfew for Juveniles Under Sixteen Years Old It is unlawful for any juvenile, prior to hislher 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 11-3-3 Curfew for Juveniles Over Sixteen Years Old It is unlawful for any juvenile, on or after his/her sixteenth birthday, but prior to his/her eighteenth 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 12:00 o'clock midnight and 5:00 o'clock a.m. of the following day. Section 11-3-4 Exceptions 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. Section 11-3-5 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. Article 11-4 NOISE Section 11-4-1 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 Marana Town Code 11-2 rev. 3196 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. Section 11-4-2 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: 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. Article 11-5 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. Marana Town Code 11.3 rev. 3196 Article 11-6 STORAGE OF INOPERABLE OR UNLICENSED VEHICLES Section 11-6-1 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 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. Article 11-7 PENALTIES p'~. Section 11-7-1 General Any violation of this chapter other than section 11-4-2 shall be a class 1 misdemeanor. Section 11-7-2 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. ..'~ Marana Town Code 11-4 rev. 3196