HomeMy WebLinkAboutOrdinance 2005.22 Re-adopting and re-formatting the town code
I
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
ORDIN
12683
4073
12
20052240950
11/18/2005
16:17
F. ANN RODRIGUEZ, RECORDER
RBCORDED BY: C_D
DEPUTY RECORDER
0224 PEl
DOCKET:
PAGE:
NO. OF PAGES:
SEQUENCE:
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AMOUNT PAID
$ 11.50
MARANA ORDINANCE NO. 2005.22
RELATING TO ADMINISTRATION; RE-ADOPTING AND REFORMATTING THE TOWN
CODE AND MAKING NECESSARY AND BENEFICIAL MODIFICATIONS TO CONFORM
TO ST ATE LAW CHANGES, INTERNAL TOWN CODE INCONSISTENCIES, AND
STANDARD RULES OF STYLE.
WHEREAS, Marana ordinances of general application have been codified over time into
the Marana Town Code; and
WHEREAS, the Town has determined that a comprehensive re-format of the Town Code
is in the public interest to assure that all adopted ordinances are accurately codified; and
WHEREAS, changes in state law and the adoption of certain Town ordinances have made
certain provisions of the Town Code obsolete; and
WHEREAS, stylistic consistency in the Town Code improves its ability to be read and un-
derstood by the public and officials relying on the Code; and
WHEREAS, the Town Council finds that the adoption of the proposed re-codification is
in the best interest of the Town; and
WHEREAS, the proposed recodification is a large volume which is and has for at least
three weeks been available as a public record in the office of the Town Clerk of Maran a, and may
appropriately be adopted by reference under A.R.S. ~ 9-802.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. That certain document known as the "Official Code of the Town of Ma-
rana, Arizona" (the "Reformatted Town Code"), three copies of which are on file in the office of
the Town Clerk of the Town of Marana, Arizona, which was made a public record by and at-
tached as Exhibit A to Resolution No. 2005-144 of the Town of Marana, Arizona, is hereby re-
ferred to, adopted and made a part of this ordinance as if fully set out here.
SECTION 2. The Reformatted Town Code shall become effective on the 15th day of De-
cember, 2005.
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SECTION 3. The following penalty clauses are contained in the Reformatted Town Code:
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TITLE 1. GENERAL
Chapter 1-8
Section 1-8-1
PENALTY
General violations
Except as otherwise provided in this code, any person found guilty of violating
any provision of this code shall be guilty of a class 1 misdemeanor. Each day
that a violation continues shall be a separate offense.
Section 1-8-2 Traffic violations
Any violation of or failure or refusal to do or perform any act required by title 12
of this code or title 28, Arizona Revised Statutes constitutes a civil traffic viola-
tion. Civil traffic violations are subject to the provisions of title 28, title 6, chap-
ters 20 and 21, Arizona Revised Statutes and amendments to them.
TITLE 6. ANIMAL CONTROL
DOGS AT-LARGE; DOG WASTE REMOVAL; PENALTY;
EXCEPTIONS
Section 6-3-1 At-large dogs prohibited
It shall be a civil infraction for any dog to run at-large within the town upon the
streets, sidewalks, alleys or other public property, or upon the private premises
of another person.
Section 6-3-3 Waste removal required
A. It shall be a civil infraction for the owner or person having custody of any dog
to fail immediately to remove and dispose of in a sanitary manner any solid
waste deposited by his or her dog on public property or deposited on private
property without the consent of the person in control of the property. This
subsection shall not apply to blind persons, persons with mobility disabilities
or law enforcement officers accompanied by police dogs while on duty.
B. It shall be a civil infraction for the owner or person having custody of any dog
to deposit, cause to be deposited or allow to accumulate within or about his
or her premises, for a longer time than twenty-four hours, any solid wastes
from dogs. This provision is to include animal wastes on private property, in-
cluding property owned, leased or controlled by the owner of the dog.
Section 6-3-4 Violations; penalty
A. A violation of any provision of this chapter is punishable as follows:
1. For a first violation within a 12 month period, a fine of not less than $25 or
more than $300.
Chapter 6-3
2. For a second violation within a 12 month period, a fine of not less than $75
or more than $300.
3. For a third or subsequent violation within a 12 month period, a fine of not
less than $200 or more than $300.
C. If any penalty ordered to be paid by the court or forfeited pursuant to default
is not paid within 30 days of the magistrate's order, appropriate civil proceed-
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ings both legal and equitable may be instituted by the town attorney to en-
force the administrative order. In addition, the magistrate may institute judicial
proceedings as provided by law to collect the penalty. All penalties collected
pursuant to this chapter shall be paid to and become the property of the
town.
Chapter 6-4 CRUEL TV AND NEGLECT OF ANIMALS
Section 6-4-1 Cruelty prohibited
Whoever overdrives, overloads, overworks, tortures, torments, cruelly beats,
mutilates or unlawfully kills an animal or causes or procures an animal to be so
overdriven, overloaded, driven when overloaded, overworked, tortured, tor-
mented, cruelly beaten, mutilated or killed, and whoever, having charge or cus-
tody of an animal, either as owner or otherwise, inflicts unnecessary cruelty
upon it, cruelly drives or works it when unfit for labor, or cruelly abandons it, or
carries it or causes it to be carried in or upon a vehicle or otherwise, in an un-
necessarily cruel or inhumane manner or knowingly and willfully authorizes or
permits it to be subjected to unreasonable or unnecessary torture, suffering or
cruelty of any kind, shall be guilty of a class 2 misdemeanor.
Section 6-4-3 Protection of animals by town; violations; penalty
F. Any person violating the provisions of this chapter shall be guilty of a class 2
misdemeanor.
G. A violation of any provision of this chapter is punishable by a fine of not less
than $100 or more than $750, four months in jail, two years probation, or any
combination of these sanctions. The magistrate may not grant probation in
lieu of, or otherwise suspend, the imposition of the minimum fine prescribed
in this paragraph. As a condition of probation, the magistrate may order that
the owner shall not be permitted to own or control any animal for a period of
up to two years. This shall not be construed to affect, in any way, the imposi-
tion of any mandatory minimum penalties provided in this paragraph.
Chapter 6-5 VICIOUS OR DESTRUCTIVE ANIMALS
Section 6-5-2 Violations; penalty
A. The owner of any animal that bites, attempts to bite, endangers or otherwise
injures or causes injury to human beings or other animals, or destroys, dam-
ages or causes damage to the property of another person is guilty of a
class 1 misdemeanor.
C. It is unlawful for any person to fail to comply with an order of the magistrate
regarding a vicious or destructive animal. It is a separate offense for each
day that the person fails to comply with the magistrate's order.
D. A violation of any provision of this chapter is punishable by a fine of up to
$2,500, six months in jail, three years probation or any combination of these
sanctions. The magistrate may not grant probation in lieu of, or otherwise
suspend, the imposition of the minimum fine prescribed.
E. In addition to the above sanctions, upon the declaration of an animal as vi-
cious or destructive, the magistrate shall order the owner to do one or more
of the following:
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1. The animal shall be kept in an enclosure that is high enough so that the
animal cannot bite, harm or injure anyone outside the enclosure. The en-
closure and property whereon it is located shall be posted with conspicu-
ous warning signs, and at no time shall the animal leave the enclosure
unless it is muzzled, leashed and under the control of an adult human be-
ing; or
2. The animal be banished from the town limits; or
3. The animal be spayed or neutered at the owner's expense; or
4. The animal be humanely destroyed; or
5. Restitution up to $1,000 may be ordered made by the owner to the victim.
This remedy shall not abridge any civil cause of action by the victim.
Chapter 6-6 DANGEROUS ANIMALS
Section 6-6-7 Minimum penalties; enhancement
A. Wherever in this chapter any act is prohibited or declared to be unlawful or
the doing of any act is required or the failure to do an act is declared to be
unlawful, the violation of that provision is a misdemeanor punishable, except
for the penalties already set forth in this title, by a fine of not less than $100
and not more than $1,000 and/or by imprisonment for not more than six
months. No judge may grant probation to or suspend the imposition of the
minimum fine prescribed in this paragraph. In addition, a person may be
placed on probation for not more than three years. This shall not be con-
strued to affect, in any way, the imposition of the minimum mandatory penal-
ties provided in this paragraph.
B. Each day any violation continues or occurs shall constitute a separate of-
fense.
Chapter 6-7 EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS
Section 6-7-2 Violations; penalty
B. A violation of any provision of this chapter is a civil infraction and will be ad-
judicated by the town magistrate.
D. Each days' continuance of a violation under this chapter shall be determined
a separate offense.
E. A fine of not less than $50 or more than $300 shall be imposed for each vio-
lation.
Chapter 7-1
Section 7-1-5
TITLE 7. BUILDING
BUILDING CODES
Violation a civil infraction
It shall be a civil infraction for any person, firm or corporation to violate any of
the provisions of this title. Civil infractions shall be enforced through the hearing
officer procedure provided by A.R.S. ~ 9-462.08. Penalties for civil infractions
shall not exceed the amount of the maximum fine for a class 2 misdemeanor.
Each day a violation continues shall be considered a separate offense.
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TITLE 9. BUSINESS REGULATIONS
Chapter 9-6 SEXUALLY ORIENTED BUSINESSES
Section 9-6-28 Violations, penalty and abatement
B. A person who violates any provision of this chapter is guilty of a class 1 mis-
demeanor.
C. In addition to prosecution for a criminal violation of this chapter, the operation
of a sexually oriented business without a valid license shall constitute a nui-
sance and the town attorney may file an action in a court of competent jurisdic-
tion against a person or entity operating or causing to be operated the business
for injunctive relief or to abate the nuisance arising out of violation of this ordi-
nance.
Chapter 9-9 PENAL TV
Section 9-9-1 Penalties generally, miscellaneous provisions
A. Each day that a violation continues shall be considered a separate offense.
B. A person may be found guilty of violating section 9-5-6 regardless of the per-
son's knowledge of the violation.
Section 9-9-2 Civil violation
Except as provided elsewhere in this chapter, any violation of this title shall be a
civil infraction and punishable by a fine of not less than $250.
Section 9-9-3 Criminal violation
A. The failure of any person firm corporation or other entity to comply with the
provisions of section 9-1-3(B) and to pay any and all fees when due shall be
a class 1 misdemeanor which shall be assessed against the owner or opera-
tor of a firm or corporation if a firm or corporation is in violation of that sub-
section.
B. Any person violating a provision of chapter 9-4 or chapter 9-5 is guilty of a
class 1 misdemeanor.
C. A person who knowingly conducts, maintains, owns, manages and/or oper-
ates any qualified establishment as defined in chapter 9-5 where any person
is in violation of any provision of chapter 9-5 is guilty of a class 1 misde-
meanor.
TITLE 10. HEALTH AND SANITATION
DUMPING & TRANSPORTATION OF GARBAGE OR
AGGREGATE
Section 10-1-3 Illegal dumping
A. A person who dumps, deposits, places, throws or leaves refuse, rubbish, de-
bris, filthy or odoriferous objects, substances or other trash on any town road,
public thoroughfare, public airport, the right-of-way to a town road, public
thoroughfare or public airport within 20 yards of a town road, public thorough-
fare or public airport is guilty of a class 3 misdemeanor.
Chapter 10-1
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Chapter 1 0-6 PENALTIES
Section 10-6-1 General
Notwithstanding any criminal penalties as prescribed under title 13, Arizona Re-
vised Statutes, a violation of any portion of this title except as outlined below is
a civil offense punishable by a civil sanction of not more than $500. Each day
the violation continues shall constitute a separate and distinct offense.
Section 10-6-2 Violations
In addition to the provisions for compelling removal listed in sections 10-2-5
through 10-2-9, a violation of any provision of sections 10-2-2 or 10-2-3 is a
class 2 misdemeanor.
Section 10-6-3 Travel reduction
A violation of any provision of chapter 10-4 of this title is a petty offense. Each
day the violation continues shall constitute a separate and distinct offense.
Section 10-6-4 Illegal dumping
A violation of any provision of section 10-1-3 shall be a class 3 misdemeanor.
TITLE 11. OFFENSES
Chapter 11-3 GRAFFITI
Section 11-3-3 Graffiti prohibited; abatement procedures; penalty
C. Any person or business in violation of this section shall constitute a civil in-
fraction.
Section 11-3-4 Prohibited conduct; penalties
E. Penalties. Violations of this section shall constitute a class 1 misdemeanor
and shall be punished as follows:
1. A person convicted of violating subsection (A) shall be punished by a term
of not less than 48 hours in jail, a fine not less than $250 and not less
than 40 hours community service involving participation in the removal of
graffiti. In addition to any other punishment, the court shall order restitution
to the victim for damage or loss caused directly or indirectly by the defen-
dant's offense in an amount to be determined by the court. Persons under
the age of 18 years will be punished as provided for in title 8 of the Ari-
zona Revised Statutes.
2. A person convicted of violating subsection (8) or (C) shall be punished by
a term of not less than 24 hours in jail, a fine not less than $100 dollars
and 40 hours of community service involving participation in the removal
of graffiti. Persons under the age of 18 years will be punished as provided
for in title 8 of the Arizona Revised Statutes.
3. A person convicted of violating subsection (D) shall be punished as pro-
vided for in title 8 of the Arizona Revised Statutes.
4. No judge shall suspend the imposition of any of the mandatory minimum
penalties required by this section.
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Section 11-3-5 Prohibited sale or transfer to minors; regulation of sale;
classification; penalty
F. Any violation of any provision of this section constitutes a civil infraction. No
magistrate, special magistrate or limited special magistrate may suspend the
imposition of the minimum fines prescribed in this section.
G. A person found responsible for a violation of any provision of this section
shall be fined not less than $200. The fine amount for each subsequent vio-
lation of any provision of this section within a consecutive 365-day period
shall increase by increments of $300 for each violation.
Chapter 11-4 MINORS; LOITERING AND CURFEW
Section 11-4-5 Penalties
A. Each violation of the provisions of section 11-4-2 shall constitute a separate
offense.
B. A person convicted of a violation of this chapter shall be guilty of a class 1
misdemeanor, punishable according to the laws of the state.
Chapter 11-5 NOISE
Section 11-5-3 Noise standards in the resort and recreation zone
K. Enforcement.
3. Any person violating any provision of this section shall be deemed respon-
sible of a civil infraction. A law enforcement agent shall command any per-
son violating this section to abate his or her violation. It is unlawful for any
person to fail to comply with an order of a law enforcement agent regard-
ing a noise violation. Each violation of the order of a law enforcement
agent under this subsection shall constitute a separate offense of this sec-
tion.
Section 11-5-4 Construction noise
I. The penalty for violation of this section will be as provided in chapter 11-8
Penalties. Violation of this provision will be a class 1 misdemeanor and will
be issued by the Marana police department upon complaint and investigation
finding probable cause to issue a ticket.
Chapter 11-8 PENALTIES
Section 11-8-1 General
Any violation of this title other than section 11-5-2 shall be a class 1 misde-
meanor.
Section 11-8-2 False alarms
Any violation of section 11-5-2 shall have the following penalties:
A. A civil sanction in an amount of not more than $250 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;
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B. A civil sanction in an amount of not more than $250 may be assessed
against the responsible alarm company for each false alarm which occurs if
the false alarm was occasioned due to the manner of installation of the alarm
by the responsible alarm company;
C. A civil sanction in an amount of not more than $250 may be assessed
against the responsible alarm company for each false alarm which is occa-
sioned by the failure of the responsible alarm company to properly service,
maintain or monitor any alarm within the town.
Section 11-8-3 Violation of section 11-5-3
A. A person found responsible for a first-time offense prohibited by section
11-5-3 shall be punished by a fine of not less than $500 or more than
$1,000.
B. A person found responsible for a second offense prohibited by section 11-5-3
shall be punished by a fine or not less than $1,200 or more than $1,500.
C. A person found responsible of a third offense prohibited by section 11-5-3
shall be punished by a fine of not less than $2,000 or more than $2,500.
D. No judge may suspend the minimum fine prescribed in this section, upon a
person found responsible of any offense prohibited by section 11-5-3.
CHAPTER 11-9 UNRULY RESIDENTIAL ACTIVITIES
Section 11-9-5 Penalties
A. The penalty for a party found responsible for the occurrence of a subsequent
unruly residential activity, as provided in section 11-9-4, shall be a minimum
mandatory fine of $500 for a first violation, a minimum mandatory fine of
$1,000 for a second violation, and minimum mandatory fines of $1,500 for
each third or subsequent violation.
B. The civil fines provided in this section shall be in addition to any other penal-
ties imposed by law for particular violations of law committed during the
course of an unruly residential activity.
C. The court may also enter an order of abatement against a party found re-
sponsible for a violation of this chapter.
TITLE 12. TRAFFIC
Chapter 12-7 PENALTIES
Section 12-7-1 Violations - chapter 12-3
Any violation of chapter 12-3 shall be a civil traffic violation. Upon a finding that
an owner or operator is responsible for a violation of this chapter, the court shall
impose a civil sanction of not less than $50 or greater than $250 for the viola-
tion. No person shall park in a parking space that is properly marked for handi-
capped parking only unless they meet the requirements of A.R.S. ~ 28-844.
Chapter 12-3 shall be enforceable on any public or private property within the
town limits.
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Section 12-7-2 Violations - chapter 12-4
Any violation of chapter 12-4 shall be a civil traffic violation. Upon a finding that
an owner or operator is responsible for a violation of this chapter, the Court shall
impose a civil sanction of not less than $50 or greater than $250, which shall not
be suspended, shall be imposed on any person found responsible for a violation
of section 12-4-2.
Section 12-7-3 Violations of 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 12-7-4 Violations of chapter 12-6
A. Any person in violation of chapter 12-6 shall be found guilty of a civil infrac-
tion and be required to pay a minimum fine of $50 which cannot be sus-
pended except pursuant to section 12-7-4(8).
8. The penalties provided in this section for a violation of section 12-6-1(A) may
be waived if an offender presents suitable proof that an approved helmet has
been purchased or otherwise obtained since the time of the violation and that
the minor uses or intends to use the helmet whenever required to do so by
this section.
Section 12-7-5 Violations of section 12-2-13
A person who is convicted of a violation of section 12-2-13 is guilty of a class 1
misdemeanor. Any person found guilty of a violation of section 12-2-13 shall be
assessed as follows:
A. Any violation of section 12-2-13(A) shall require a minimum fine of $250,
which shall not be suspended.
8. Any violation of section 12-2-13(8) shall require a minimum fine of $500,
which shall not be suspended.
C. Any violation of section 12-2-13(A) or (8) that results in injury to any person,
or damage to any property, shall require a minimum fine of $1,000, which
shall not be suspended.
D. Any person required to pay a fine under this section who has previously been
found responsible for violation of section 12-2-13 shall be required to pay
double the amount set forth in this section, which shall not be suspended.
Section 12-7-6 Other violations
It is a civil traffic violation for any person to do any act forbidden or fail to per-
form any act required by this title, unless otherwise designated in this section or
under state law. A civil sanction of not less than $50 and not more than $250
shall be imposed on any person found in violation of any other provision of this
title unless otherwise designated in this section or under state law.
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TITLE 13. PARKS & RECREATION
Chapter 13-1 PARKS AND RECREATION REGULATIONS
Section 13-1-4 Violations and penalties
A person or corporation who violates any of the foregoing rules and regulations
is guilty of a class 1 misdemeanor, punishable by a maximum fine of $2,500, a
maximum term of incarceration of six months, and a maximum length of proba-
tion of three years.
Chapter 14-8
Section 14-8-8
TITLE 14. WATER
EMERGENCY WATER CONSERVATION RESPONSE
Violation
c. In addition to being grounds for disconnection of service, violation of any pro-
vision of this chapter shall be a civil infraction. An individual or corporation
convicted of violating provisions of this chapter shall be assessed a civil pen-
alty of not less than $250.
Chapter 14-9 BACKFLOW PREVENTION AND CROSS-CONNECTION
CONTROL
Section 14-9-16 Violation
It shall be a civil offense, punishable by a $250 fine, for any person to violate
any of the requirements of this chapter. Each day a violation continues shall be
considered a separate offense.
Chapter 14-10 VIOLATIONS
Section 14-10-6 Penalties
Any violation of this title except as otherwise designated for a particular chapter
of this title shall be a civil offense punishable by a fine of not more than $250.
Each day a violation continues shall be considered a separate offense.
TITLE 15. MARANA REGIONAL AIRPORT
Chapter 15-6 VIOLATIONS
Section 15-6-1 Criminal penalties
A person convicted of violating any of the provisions of this title shall be guilty of
a misdemeanor punished by a fine of not less than $500 and not more than
$2,500 or by imprisonment for a period not to exceed six months, or by both
such fine and imprisonment.
Section 15-6-2 Civil penalties
In addition to any other remedy available as a matter of law, violations of this
title or of any rule, regulation, order, or instruction issued by the airport director
may result in withdrawal of permission to use the airport.
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SECTION 4. The pre-existing codification of the ordinances of the Town of Marana and
all ordinances and parts of ordinances are hereby repealed, effective as of the 15th day of Decem-
ber, 2005, to the extent they conflict with the provisions of the Reformatted Town Code; pro-
vided, however, that this repeal shall not affect the rights and duties that matured or penalties that
were incurred and proceedings that were begun before the effective date of the repeal.
SECTION 5. The following rules of style are hereby adopted for the Reformatted Town
Code, describing global revisions incorporated without attribution into the Reformatted Town
Code and guiding future amendments to the Reformatted Town Code:
A. The code is divided into titles and chapters instead of chapters and articles.
B. Paragraph and numbering styles are standardized to use
(1) capital letters for the first level,
(2) numbers for the second level,
(3) small letters for the third level, and
(4) small roman numbers ("romanettes") for the fourth level.
C. References to the town and its officials are consistently not capitalized.
D. Numbers from one to ten are spelled out and numbers 11 and above are written as nu-
merals, except when they appear at the beginning of a sentence or are part of an official refer-
ence (such as "class 1 misdemeanor").
E. Dollar amounts use the format "$20" instead of "Twenty Dollars ($20.00)."
F. Percentages use the format "25%" instead of "twenty-five percent (25%)."
G. References to time use the format "8:00 a.m."
H. "Noon" and "midnight" are used in place of"12 p.m." and "12 a.m."
I. A particular section ofthe Arizona Revised Statutes is cited in the format "A.R.S. ~"
J. The word "years" is consistently added after a reference to age (for example, "age of 16
years" is used in place of "age of 16").
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K. Singular references to the male gender (he, him, his) are replaced by gender-neutral or
gender-inclusive wording.
L. Non-specific legalistic references (for example: therefor, hereinafter, herein, hereto,
said, such) are replaced by appropriate specific, non-legalistic wording.
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M. Common "deadwood" language is eliminated; for example
(1) "to" replaces "in order to"
(2) "if' replaces "in the event"
(3) "if there is" replaces "in the event of' and
(4) "when" replaces "at the time."
N. Grammatically archaic or incorrect terms are corrected; for example,
(1) "conforms to" replaces "conforms with" and
(2) "or" replaces "nor" in some instances.
SECTION 6. The Town Clerk and the Town Attorney are hereby authorized to add ex-
planatory and historical notes within the right-hand margin of the Reformatted Town Code with-
out first seeking Town Council or Town Manager approval.
SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this ordi-
nance or any part of the Reformatted Town Code is for any reason held to be invalid or unconsti-
tutional by the decision of any court of competent jurisdiction, that decision shall not affect the
validity of the remaining provisions of the Reformatted Town Code.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15th day of November, 2005.
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Mayor Ed Honea
ATTEST:
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'WrJocelyn C. ronson, Town Clerk
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{00001496.DOC /}
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FJC/cds 11/8/05