HomeMy WebLinkAboutOrdinance 96.17 Adopting chapter 12 of the town code relating to traffic
MARANA ORDINANCE NO. 96.17
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA,
ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE, CHAPTER
12, TRAFFIC", AS THE TWELFTH 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 12,
TRAFFIC" has been made a public record by the adoption of Resolution No. 96-26 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 12, TRAFFIC" 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 12,
TRAFFIC", three copies of which are on file in the office ofthe town clerk of the Town of Maran a,
Arizona, said document having been made a public record by Resolution No. 96-26 of the Town 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 2-6 Penalties
Section 12-6-1
Violations-Article 12-3
Any violation of article 12-3 shall be a civil traffic violation. Upon a finding that an owner
or operator is responsible for a violation of this article, the court shall impose a civil sanction
of not less than fifty dollars ($50.00) nor greater than two hundred fifty dollars ($250.00) for
such violation. No person shall park in a parking space that is properly marked for
handicapped parking only unless they meet the requirements of A.R.S. ~28-844. Article 12-
3 shall be enforceable on any public or private property within the town limits.
Marana, Arizona Ordinance 96.17
Page 1 of2
~""",-
Section 12-6-2
Violations-Article 12-4
A civil sanction of not less than two hundred fifty dollars ($250.00), which shall not be
suspended, shall be imposed on any person found responsible for a violation of section 12-2-
4.
Section 12-6-3
Violations-Section 12-2-12
Any violation of section 12-2-12 which would be defined under Title 28, Arizona Revised
Statutes as a civil or criminal traffic violation, shall constitute a traffic violation, either
criminal or civil, as so designated under Title 28, Arizona Revised Statutes.
Section 12-6-4
Other Violations
It is a civil traffic violation for any person to do any act forbidden or fail to perform any act
required by this chapter, unless otherwise designated in this section or under state law. It
is a class 1 misdemeanor for any person to willfully fail or refuse to comply with any lawful
order or direction of the police department or any of its duly designated, qualified and acting
law enforcement agents.
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 ofMareb, 1996. ~ '
Mayor ED HONEA
--'
Marana, Arizona Ordinance 96.17
Page 2 of2
CHAPTER 12
TRAFFIC ............................ 12-1
Article 12-1 ADMINISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 12-1
Section 12-1-1 Duty of Police Department. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-1
Section 12-1-2 Records of Traffic Violations ............................... 12-1
Section 12-1-3 Police Department to Investigate Accidents . . . . . . . . . . . . . . . . . . .. 12-1
Section 12-1-4 Traffic Accident Studies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 12-1
Article 12-2 TRAFFIC CONTROL ........................................... 12-1
Section 12-2-1 Directing Traffic ......................................... 12-1
Section 12-2-2 Traffic Control Devices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-2
Section 12-2-3 Traffic Preemptor Devices ................................. 12-2
Section 12-2-4 Crosswalks, Safety Zones and Traffic Lanes. . . . . . . . . . . . . . . . . " 12-2
Section 12-2-5 Authority to Place and Obedience to Turning Markers ........... 12-2
Section 12-2-6 Authority to Place and Obedience to Restricted Turn Signs ....... 12-2
Section 12-2-7 One-Way Streets and Alleys ............................... 12-3
Section 12-2-8 Regulation of Traffic at Intersections ......................... 12-3
Section 12-2-9 Drivers to Obey Signs .................................... 12-3
Section 12-2-10 Processions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-3
Section 12-2-11 Speed limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-4
Section 12-2-12 School Crossings ........................................ 12-5
Article 12-3 PARKING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-6
Section 12-3-1 Method of Parking ....................................... 12-6
Section 12-3-2 Blocking Traffic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-6
Section 12-3-3 Authority to Erect Signs Restricting Parking ................... 12-6
Section 12-3-4 Parking Vehicles on Sidewalks ............................. 12-6
Section 12-3-5 Stopping, Standing or Parking in Places Reserved for Handicapped 12-6
Section 12-3-6 Unarmed Police Aides .................................... 12-7
Article 12-4 OFF-ROAD RECREATIONAL MOTOR VEHICLES. ............ . . . .... 12-7
Section 12-4-1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-7
Section 12-4-2 Prohibited Vehicle Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-8
Section 12-4-3 Identification and Proof of Vehicle Ownership. . . . . . . . . . . . . . . . .. 12-8
Section 12-4-4 Exempt Vehicle Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-8
Section 12-4-5 Exempt Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-9
Article 12-5 IMPOUNDMENT OF VEHICLES .................................. 12-9
Section 12-5-1 Police Authorization to Impound Vehicles ..................... 12-9
Marana Town Code
xvii
rev. 3196
Section 12-5-2 Notice of Impoundment. .................................. 12-10
Section 12-5-3 Return of Impounded Vehicle .............................. 12-10
Section 12-5-4 Sale of Impounded Vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-10
Article 12-6 PENALTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-11
Section 12-6-1 Violations-Article 12-3 ................................... 12-11
Section 12-6-2 Violations-Article 12-4 ................................... 12-11
Section 12-6-3 Violations-Section 12-2-12 ................................ 12-11
Section 12-6-4 Other Violations ........................................ 12-11
Marana Town Code
xviii
rev. 3196
CHAPTER 12
TRAFFIC
Article 12-1 ADMINISTRATION
Section 12-1-1
Duty of Police Department
A. It shall be the duty of the pOlice department to provide for the enforcement of the street traffic
regulations of the town and all of the state vehicle laws applicable to street traffic in the town,
to make arrests for traffic violations, to investigate accidents and to assist in developing ways
and means to improve traffic conditions, and to carry out all duties specially imposed upon the
police department by this chapter.
B. Any peace officer or duly authorized agent of the town may stop and detain a person as is
reasonably necessary to investigate an actual or suspected violation of this chapter and to
serve a copy of the traffic complaint for any alleged civil or criminal violation of this chapter.
Section 12-1-2 Records of Traffic Violations
A. The police department shall keep a record of all violations of the traffic laws of the town or of
the state vehicle laws of which any person has been charged, together with a record of the final
disposition of all such alleged offenses. Such record shall accumulate during at least a
five-year period and from that time on the record shall be maintained complete for at least the
most recent five-year period.
B. All forms for records of violations and notices shall be serially numbered. For each month and
year, a written record shall be maintained complete for at least the most recent five-year
period.
Section 12-1-3 Police Department to Investigate Accidents
It shall be the duty of the police department to investigate traffic accidents and to arrest and assist
in the prosecution of those persons charged with violations of law causing or contributing to such
accidents.
Section 12-1-4 Traffic Accident Studies
Whenever the accidents at any particular location become numerous, the police department shall
conduct studies of such accidents and determine remedial measures.
Article 12-2 TRAFFIC CONTROL
Section 12-2-1
Directing Traffic
A. The police department is hereby authorized to direct all traffic by voice, hand or signal.
B. Officers of authorized fire departments, when at the scene of an emergency, may direct or
assist the police department in directing traffic thereat or in the immediate vicinity.
Marana Town Code
12-1
rev. 3196
Section 12-2-2 Traffic Control Devices
A. The town shall place and maintain traffic control devices, signs and signals when and as
required under the traffic regulations of the town to make effective the provisions of said
regulations, and may place and maintain such additional traffic control devices as necessary
to regulate traffic under the traffic laws of the town or under state law or to guide or warn traffic.
8. The driver of any vehicle shall obey the instructions of any official traffic control device
applicable thereto placed in accordance with the traffic regulations of the town unless otherwise
directed by the chief of police or member of the police department, subject to the exceptions
granted in this chapter or by state law.
Section 12-2-3 Traffic Preemptor Devices
A. It shall be unlawful for any person not authorized by the town engineer to utilize, alter or
interfere with any preemptor device to control an official traffic control device within the town
limits.
Section 12-2-4 Crosswalks, Safety Zones and Traffic Lanes
A. The town engineer or his or her designee is hereby authorized:
1. To designate by appropriate devices, marks or lines upon the surface of the roadway,
crosswalks at intersections where, in his or her opinion, there is particular danger to
pedestrians crossing the roadway, and at such other places as he or she may deem
necessary;
2. To establish safety zones of such kind and character and at such places as he or she may
deem necessary for the protection of pedestrians;
3. To mark lanes for traffic on street pavement at such places as he or she may deem
advisable, consistent with the traffic laws of the town and the state;
4. The council may adopt further rules and regulations from time to time as they deem
necessary for the safety and efficient use of the town roads by the public.
Section 12-2-5 Authority to Place and Obedience to Turning Markers
A. The town engineer or his or her designee is authorized to place markers, buttons or signs
within or adjacent to intersections indicating the course to be traveled by vehicles turning at
such intersections, and such course to be traveled as so indicated may conform to or be other
than as prescribed by law.
8. When authorized markers, buttons or other indications are placed within an intersection
indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall
diSObey the directions of such indications.
Section 12-2-6 Authority to Place and Obedience to Restricted Turn Signs
A. The town engineer or his or her designee is hereby authorized to determine those intersections
at which drivers of vehicles shall not make a right, left or u-turn and shall have proper signs
Marana Town Code
12-2
rev. 3/96
placed at such intersections. The making of such turns may be prohibited between certain
hours of any day and permitted at other hours, in which event the same shall be plainly
indicated on the signs, or such signs may be removed when such turns are permitted.
B. Whenever authorized signs are erected indicating that no right or left or u-turn is permitted, no
driver of a vehicle shall disobey the directions of any such sign.
Section 12-2-7 One-Way Streets and Alleys
A. The council shall by resolution designate any streets or alleys which are to be limited to
one-way traffic.
B. When any resolution of the council designates anyone-way street or alley, the town shall place
and maintain signs giving notice thereof, and no such regulation shall be effective unless such
signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at
every intersection where movement of traffic in the opposite direction is prohibited.
Section 12-2-8 Regulation of Traffic at Intersections
A. The council shall by resolution designate through streets, intersections where stops are
required, and intersections where vehicles shall yield the right of way.
B. When any resolution of the council shall designate any through street or intersection where
vehicles are to stop or yield the right of way, the town engineer or his designee shall erect and
maintain the appropriate signs at every location where a vehicle must stop or yield the right of
way.
C. Whenever any laws of the town designate and describe a through street, it shall be the duty
of the town to place and maintain a stop sign on each and every street intersecting such
through street or intersecting that portion thereof described and designated as such by the
laws of the town.
Section 12-2-9 Drivers to Obey Signs
Whenever traffic signs are erected as provided in this chapter, every driver of a vehicle shall obey
such signs unless directed to proceed by the chief of police, a member of the police department
or a traffic control signal. No driver shall drive upon or through any private property such as a gas
station, vacant lot or similar property to avoid obedience to any regulation included in this chapter.
Section 12-2-10 Processions
A. No procession or parade, except funeral processions, shall be held without first securing a
permit from the chief of police, and all such requests for permits shall state the time, place of
formation, proposed line of march, destination and such other regulations as the chief of police
may set forth therein.
B. A funeral procession composed of a procession of vehicles shall be identified by such methods
as may be determined and designated by the police chief.
C. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized
procession while they are in motion and when such vehicles are conspicuously a part of the
procession.
Marana Town Code
12-3
rev. 3196
D. Each driver in a funeral or other procession shall drive as near to the right hand edge of the
roadway as practical and shall follow the vehicle ahead as close as is practical and safe.
Section 12-2-11 Speed Limits
A. The following shall be the reasonable and prudent maximum speed limit on the following
roadways which are located within the town limits:
1. 45 miles per hour on Marana Road;
2. 35 miles per hour on Sandario Road from Marana Road to the Santa Cruz River;
3. 45 miles per hour on Sanders Road from Marana Road to Moore Road;
4. 35 miles per hour on Sanders Road from Moore Road to the south end of the Santa Cruz
River Bridge;
5. 50 miles per hour on Sanders Road from the south end of the Santa Cruz River Bridge to
Avra Valley Road;
6. 25 miles per hour on Grier Road from the Interstate 10 Frontage Road to Sandario Road;
7. 35 miles per hour on Grier Road from Sandario Road to Wentz Road;
8. 25 miles per hour on Grier Road from Adonis Road to the easterly limits of the town;
9. 35 miles per hour on Adonis Road from Interstate 10 to Grier Road;
10.35 miles per hour on Moore Road from Interstate 10 Frontage Road to Sanders Road;
11. 35 miles per hour on Wentz Road;
12. 25 miles per hour for all residential streets in the following areas:
(i) Berry Acres;
(ii) Honea Heights;
(iii) Marana Estates;
(iv) Marana Vista;
(v) Adonis Subdivision;
13. 25 miles per hour on Lon Adams Road from Grier Road to Barnett Road;
14. 35 miles per hour on Barnett Road and Postvale Road;
15. 55 miles per hour on Avra Valley Road;
16. 55 miles per hour on Sandario Road from Avra Valley Road to southerly limits of the town;
Marana Town Code
12-4
rev. 3196
17.35 miles per hour on Twin Peaks Road;
18. 35 miles per hour on Tangerine Road from the 1-10 Frontage Road to the westerly town
limits, 35 miles per hour from the 1-10 Frontage Road to one-half mile east, then 50 miles
per hour to the easterly town limits;
19. 25 miles per hour on McDuff Road;
20. 35 miles per hour on Silverbell Road from Sanders Road to the easterly town limits;
21. 45 miles per hour on Luckett Road from Marana Road north to the town limits;
22. 35 miles per hour on Kirby Hughes Road;
23. 45 miles per hour on Silverbell Road from the southerly town limits to Twin Peaks Road;
24. 35 miles per hour on Cortaro Road from the southerly town limits to Silverbell Road; 45
miles per hour on Cortaro Road from Silverbell Road to the 1-10 Frontage Road;
25. 35 miles per hour on Twin Peaks Road from Silverbell Road to the Santa Cruz River;
26. 35 miles per hour on Coachline Boulevard from Silverbell Road to the northerly town limits;
27. 25 miles per hour on aI/local residential streets within the Continental Ranch annexations;
28. 45 miles per hour on Pima Farms Road from Silverbel/ Road to Scenic Drive;
29.30 miles per hour on Scenic Drive from Silverbell Road to Pima Farms Road;
30. 30 miles per hour on Artesiano Road from Silverbell Road to the southerly town limits;
31. 30 miles per hour on Wade Road from Silverbell Road to the southerly town limits;
32. 50 miles per hour on Ina Road from the Santa Cruz River Bridge to the easterly town limits;
33. 35 miles per hour on Silverbell Road from Twin Peaks Road to the northern town limits.
B. Any peace officer or duly authorized agent of the town may stop and detain a person as is
necessary to investigate an actual or suspected violation of Title 28, Arizona Revised Statutes,
or this section, and to serve a copy of the traffic complaint for any alleged civil or criminal
violation of this chapter.
Section 12-2-12 School Crossings
School crossings shall be established and marked in front of each school building and grounds in
conformity with the provisions of A.R.S. ~28-797.
Marana Town Code
12-5
rev. 3196
Article 12-3 PARKING
Section 12-3-1
Method of Parking
Except as otherwise provided by resolution of the council, every vehicle stopped or parked upon
a roadway where there are adjacent curbs shall be so stopped or parked with the right hand
wheels of such vehicle parallel to and within eighteen inches of the right hand curb.
Section 12-3-2 Blocking Traffic
A. It is unlawful for any person to stop, stand or park any motor vehicle, or other vehicle, upon a
street in the town in such a manner or under such conditions as to leave available less than
twenty feet of the width of the roadway for the free movement of the vehicular traffic, except
that a person may stop temporarily, in the actual loading or unloading of passengers, or when
necessary, in the observance of traffic signs or signals of a police officer.
B. It is unlawful for any person to park a motor vehicle, or other vehicle, within an alley or entrance
to a private driveway except for the loading or unloading of materials, and not then unless such
loading or unloading of materials can be accomplished without blocking the alley to the free
movement of vehicular traffic.
Section 12-3-3 Authority to Erect Signs Restricting Parking
The town engineer, upon approval by the council, may erect signs requiring parking at an angle
to the curb, allowing parking on the left hand curb on one-way streets, notifying drivers that parking
is prohibited and restricting parking in any way that may be necessary. No parking restrictions
shall become effective until such restricted parking area is specifically designated by resolution of
the council, and signs have been erected as authorized by this section; provided, that all signs
restricting parking now in place are hereby ratified and approved as so placed. It is unlawful for
any person to stop or park a vehicle in disobedience to such parking restrictions.
Section 12-3-4 Parking Vehicles on Sidewalks
It is unlawful for any person to park any vehicle, whether in usable condition or not, or for an owner
to permit his vehicle to be parked upon any sidewalk in the town.
Section 12-3-5 Stopping, Standing or Parking in Places Reserved for Handicapped
A. Except as provided in subsection D of this section, no person may stop, stand or park a motor
vehicle within any specially designated and marked parking space provided in accordance with
this section for physically disabled persons unless the motor vehicle is transporting a person
eligible for the distinguishing insignia placard or number plates bearing the international
wheelchair symbol, and either:
1. The motor vehicle displays the distinguishing insignia placard; or
2. The motor vehicle displays number plates bearing the international wheelchair symbol.
B. In any prosecution charging a violation of any of the provisions of this article governing the
standing or parking of a vehicle, the person in whose name such vehicle is registered shall be
prima facie responsible for such violation and subject to the penalty therefor.
Marana Town Code
12-6
rev. 3196
C. If a law enforcement officer employed by the town finds a motor vehicle in violation of this
section, the officer shall issue a compliant which shall be attached or placed upon the vehicle
which is unlawfully parked.
D. Any person who is chauffeuring a physically disabled person shall be allowed, without a
distinguishing insignia placard or number plates bearing the international wheelchair symbol,
to park momentarily in any such parking space for the purpose of loading or unloading such
physically disabled person. No complaint shall be issued to the driver for such momentary
parking.
E. Parking spaces reserved for handicapped persons shall be designated on privately owned
property as provided by the Town of Marana Land Use Development Code. Each such parking
space shall be prominently outlined with paint and posted with a permanent sign located not
less than three feet nor more than six feet above the grade and of a color and design approved
by the department of transportation bearing the internationally accepted wheelchair symbol and
the caption "reserved parking". The designation of such parking spaces as provided herein or
as required pursuant to the Town of Marana Land Use Development Code shall authorize
police officers, and other duly authorized agents, to enforce the provisions of this section and
shall constitute a waiver of any objection by the owner or person in possession of such
property to the enforcement of this section, and such owner shall be deemed to have
consented by such designation or person in possession.
F. The police chief will have the authority to institute a volunteer handicapped parking
enforcement specialist program. The police chief may authorize special volunteers to issue
citations only to persons who violate this section of this chapter.
Section 12-3-6 Unarmed Police Aides
Unarmed police aides may be employed by the police department and shall be empowered to
commence an action or proceeding before a court or judge for any violation of town ordinances or
this code regulating the standing or parking of vehicles. The authority of the unarmed police aide
shall be strictly limited to the enforcement of the ordinances regulating the standing or parking of
vehicles, and such aides are not granted any other powers or benefits to which peace officers of
the town are entitled.
Article 12-4 OFF-ROAD RECREATIONAL MOTOR VEHICLES
Section 12-4-1
Definitions
A. In this article, unless the context otherwise requires:
1. "Off-road recreational motor vehicle" or "vehicle" means two, three and four wheel motor
vehicles manufactured or converted for recreational non-highway all terrain travel.
2. "Operate" means driving or having actual physical control over the vehicle.
3. "Wash" or "riverbed" means a water course having beds, banks, sides and channels
through which either waters currently flow or through which flood waters flow periodically.
Marana Town Code
12-7
rev. 3196
Section 12-4-2
Prohibited Vehicle Uses
A. No person shall operate an off-road recreational motor vehicle:
1. Upon any portion of any publicly owned washes or riverbeds within the town except to
cross such washes or riverbeds from one bank to another within the boundaries of an
existing, clearly defined highway, street, road, primitive roadway, trail or traveled way; or
2. Upon privately owned lands without notarized written consent of the owner, the owner's
agent or the person in lawful possession of such property. Such written consent shall be
kept within a person's possession while operating a vehicle and be shown upon the
request of a peace officer; or
3. In such a way as to knowingly cause or contribute to visible dust emissions which then
cross property lines into a residential, recreational, institutional, educational, retail sales,
hotel or business premises; or
4. At a speed greater than is reasonable and prudent under the circumstances, conditions
and actual and potential hazards then existing. In every event, speed shall be so
controlled as may be necessary to avoid colliding with any object, person, animal life or
other vehicle so as to comply with the duty of all persons to exercise reasonable care for
the protection of others; or
5. In such a way as to damage landscaping on public or private lands, or so as to create
significant erosion on such lands; or
6. In such a way as to cause excessive noise which disturbs the peace and quiet of a
residential area to the extent that a complaint thereof is made to the police department; or
7. Unless all persons under the age of seventeen years riding in or upon such vehicle shall
wear adequate protective headgear.
Section 12-4-3 Identification and Proof of Vehicle Ownership
A. All operators of off-road recreational vehicles shall carry proof of vehicle ownership, or a rental
agreement and a driver's license while operating such vehicles and shall show such
documents upon the request of a peace officer. If an operator is unlicensed, then recent
picture identification shall be carried.
B. For the purposes of this section, identification for minors may include a school picture
identification with school or home address or a notarized statement consisting of the minor's
physical description and home address which is signed by a parent or guardian.
Section 12-4-4
Exempt Vehicle Uses
A. The provisions of this article shall not apply to a vehicle being used for:
1. Ranching or agricultural purposes;
2. Grading, construction or building trade purposes;
3. Mining purposes;
Marana Town Code
12-8
rev. 3196
4. licensed off-road business operations such as land surveying, public utility companies,
sand and gravel operations and other similar enterprises;
5. Authorized emergency vehicle including towing services;
6. Governmental purposes by a government employee;
7. Golf carts on golf courses.
Section 12-4-5 Exempt Locations
A. The provisions of this article shall not apply:
1. To vehicle operators on their own property, except when creating dust emissions as set
forth in section 12-4-2(A)(3).
2. On any dedicated public highway, street, road, alley or parking lot generally open to the
public for the purpose of vehicular travel if properly licensed to use such roadway.
Article 12-5 IMPOUNDMENT OF VEHICLES
Section 12-5-1
Police Authorization to Impound Vehicles
A. The police department may take in charge, remove and keep in its custody under the direction
of the chief of police or cause to be towed to and stored in a public storage facility, vehicles in
the following circumstances:
1. Any unoccupied vehicle of any kind or description found violating any town ordinances, this
code or the laws of the State of Arizona regulating the standing or parking of vehicles;
2. When any person is arrested and taken into custody while in possession of a motor
vehicle;
3. Pending forfeiture action as prescribed by A.R.S. ~3-3413, ~ 13-2301 or ~ 13-4305 or other
applicable statutes;
4. When a vehicle is left unattended upon any bridge, viaduct or crossway, or in any tube or
tunnel where the vehicle constitutes an obstruction of traffic;
5. When a vehicle upon a highway or street is so disabled as to constitute an obstruction to
traffic and the person in charge of the vehicle is by reason of physical injury incapacitated
to such an extent as to be unable to provide for its custody or removal;
6. When the vehicle is left unattended upon a street or alley and is parked illegally or
constitutes a hazard or obstruction to the normal movement of traffic;
7. When the vehicle is left unattended upon a public street, highway or other pUblic property
for a period in excess of forty-eight hours;
Marana Town Code
12-9
rev. 3196
8. When any person is cited for a violation of A.R.S. 928-692, 928-411, 928-422.01, 928-471,
~28-4 73 or 928-1075, and the person cited does not have a licensed driver capable of
safely driving the vehicle available and gives permission therefor.
Section 12-5-2 Notice of Impoundment
A. Whenever an officer removes a vehicle from the street and the officer knows or is able to
ascertain from the registration records in the vehicle the name and address of the owner
thereof, the officer shall immediately give or cause to be given notice telephonically, in person
or in writing to such owner of the fact of such removal and the reasons therefor, and of the
place to which such vehicle has been removed.
8. Whenever an officer removes a vehicle from the street and does not know and is not able to
ascertain the name of the owner, or for any other reason is unable to give the notice to the
owner as provided in subsection A of this section, and the vehicle is not claimed by the owner
within a period of three days, the officer shall send or cause to be sent a written report of the
removal by mail to the Motor Vehicle Division of the State Department of Transportation and
shall file a copy of the notice with the proprietor of the public garage in which the vehicle is
stored, in accordance with the police departmenfs rules and regulations. The notice shall
include a complete description of the vehicle, the date, time and place from which removed,
the reasons for such removal, and the name of the garage or place where the vehicle is stored.
Section 12-5-3 Return of Impounded Vehicle
A. Unless the vehicle is being held for forfeiture proceedings or unless the vehicle is being held
as evidence in a pending criminal case, the police department shall allow the return to the
owner of said impounded vehicle when the owner has furnished evidence of identity and
ownership and signed a receipt. The owner shall be required to pay any towing and storage
fees which have accrued. In the event that the vehicle is stored on town property, the storage
fee payable to the town shall be twenty five dollars ($25.00) plus ten dollars ($10.00) per day
or any fraction thereof such vehicle is kept in the custody of the police department. Payment
of any towing and storage fees shall not release the owner or driver of such vehicle of any
other penalty which may be imposed for any violation of town ordinances, this code, state or
federal laws.
B. In the event forfeiture proceedings are initiated and later discontinued, the vehicle will be
released to the owner thereof upon payment of the towing and storage fees as set forth in
subsection A of this section.
c. In the event that a vehicle is being held as evidence in a pending criminal case, at the final
conclusion of that criminal case (together with the conclusion of all available appeals) the
vehicle shall be returned to the owner of said vehicle, subject to the payment of all towing and
storage fees as set forth in subsection A of this section.
Section 12-5-4 Sale of Impounded Vehicles
If an impounded vehicle is not redeemed by its owner or agent within thirty days after it is subject
to be released, it shall be sold for such charges and costs as set forth section 12-5-3(A), in the
manner provided by A.R.S. 928-1401 et seq. This remedy is cumulative of all other penalties
provided by this article.
Marana Town Code
12-10
rev. 3196
Article 12-6 PENALTIES
Section 12-6-1
Violations-Article 12-3
Any violation of article 12-3 shall be a civil traffic violation. Upon a finding that an owner or
operator is responsible for a violation of this article, the court shall impose a civil sanction of not.
less than fifty dollars ($50.00) nor greater than two hundred fifty dollars ($250.00) for such
violation. No person shall park in a parking space that is properly marked for handicapped parking
only unless they meet the requirements of A.R.S. ~28-844. Article 12-3 shall be enforceable on
any pUblic or private property within the town limits.
Section 12-6-2 Violations-Article 12-4
A civil sanction of not less than two hundred fifty dollars ($250.00), which shall not be suspended,
shall be imposed on any person found responsible for a violation of section 12-2-4.
Section 12-6-3 Violations-Section 12-2-12
Any violation of section 12-2-12 which would be defined under Title 28, Arizona Revised Statutes
as a civil or criminal traffic violation, shall constitute a traffic violation, either criminal or civil, as so
designated under Title 28, Arizona Revised Statutes.
Section 12-6-4 Other Violations
It is a civil traffic violation for any person to do any act forbidden or fail to perform any act required
by this chapter, unless otherwise designated in this section or under state law. It is a class 1
misdemeanor for any person to willfully fail or refuse to comply with any lawful order or direction
of the police department or any of its duly designated, qualified and acting law enforcement agents.
Marana Town Code
12-11
rev. 3196