HomeMy WebLinkAboutTown Code Chapter 11-2002 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.
[Adopted by Ord. No. 96.16l
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.
IAdopted by Ord. No. 96.16]
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.R.S. § 13-3401 et seq., or any subsequent
amendments thereto.
[Adopted by Ord. No. 96.16]
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.
IAdopted by Ord. No. 96.161
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.R.S. § 13-3401 etseq., or amendments thereto, and to produce the same in Court.
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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.
[Adopted by Oral, No. 96.16]
Article 11-3 GRAFFITI
Section 11-3-1 Definitions
A. In this section, the following words and phrases shall be construed as defined in this
section unless in context it appears that a different meaning is intended:
1. "Graffiti" means the unauthorized etching, spraying of paint or application of
paint, ink, chalk, dye or other similar substance on buildings, fences,
structures or similar places.
2. "Graffiti Abatement Officer" means the town official designated by the town
manager to interpret and enforce the provisions of this section.
3. "Person" means any individual, firm, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee, or
other legal entity.
4. "Retailer" means any person, business or governmental entity that owns,
operates or manages a store, stand, booth, concession, mobile unit or other
place at which sales of spray paint are made to purchasers for consumption
or Use.
5. "Spray paint" means any paint or paint like coating substance which is
dispensed by the use of an aerosol spray device whether or not containing
a toxic substance.
6. "Unauthorized" means without the permission of the property owner or
otherwise in violation of the provisions in this section.
]Adopted by Ord. No. 98.21]
Section 11-3-2 Purpose and intent
A. it is the purpose and intent of this article to provide a procedure for the prevention,
prohibition, and removal of graffiti from walls, structures, or surfaces on public and
private property in order to reduce blight and deterioration within the town and to
protect the public health and safety.
B. The mayor and council finds that graffiti contributes to neighborhood deterioration,
provides a communication system for gangs and other vandals, damages property,
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constitutes a public nuisance, and must be abated immediately to avoid the
detrimental impact of such graffiti and prevent the further spread of graffiti.
C. The mayor and council further find that graffiti is most frequently spread by youth
under the age of eighteen (18) and that measures to limit youth access to spray
paint containers are critical to the town's prevention efforts.
[Adopted by Ord. No. 98,21]
Section 11-3-3 Graffiti prohibited; abatement procedures; penalty
A. It shall be unlawful for any person owning or otherwise being in control of any real
property within the Town of Marana to maintain, permit or allow graffiti to remain on
any building, fence, structure or otherwise on such property where the graffiti is
visible from the street or other public or private property.
B. Upon the receipt of notice requiring abatement from the graffiti abatement official,
any person owning or otherwise being in control of the property shall within ten (10)
days thereafter remove or abate all graffiti specified in such notice. The graffiti
abatement official shall give notice utilizing the procedures set forth in this section.
The graffiti abatement official may cause the removal of graffiti from private property
should the property Owner or person in control fail to remove graffiti after the
required notice. The town is expressly authorized to enter private property and
abate graffiti.
C. Any person or business in violation of this section shall constitute a civil infraction.
[Adopted by Ord. No. 98.21J
Section 11-3-4 Prohibited conduct; penalties
A. No person may write, paint, or draw any inscription, figure, or mark of any type on
any public or private building or other real or personal property, owned, operated,
or maintained by a governmental entity or any agency or instrumentality thereof or
by any person, firm, or corporation, unless permission of the owner or operator of
the property has been obtained.
B. No person may possess an aerosol spray paint container on any private property
unless the owner, agent, manager, or other person having control of the property
consented to the presence of the aerosol spray paint container.
C. No person under the age of eighteen (18) may possess an aerosol spray paint
container on any public property unless accompanied by a parent, guardian, teacher
or other person in a similar relationship over the age of eighteen (18) and such
possession is for a lawful purpose,
D. No person under the age of eighteen (18) may buy any aerosol spray paint
container from any person or firm.
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E. Penalties. Violations of this section shall constitute a class one 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 forty-eight (48) hours in jail, a fine not less than two hundred
and fifty dollars ($250.00) and not less than forty (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 defendant(s) offense in an amount
to be determined by the court. Persons under the age of eighteen (18) will
be punished as provided for in Title 8 of the Arizona Revised Statutes.
2. A person convicted of violating subsection (B) or (C) shall be punished by
a term of not less than twenty-four (24) hours in jail, a fine not less than one
hundred ($100.00) dollars and forty (40) hours of community service
involving Participation in the removal of graffiti. Persons under the age of
eighteen (18) 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 provided
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.
[Adopted by Ord. No. 98.21]
Section 11-3-5 Prohibited sale or transfer to minors; regulation of sale;
classification; penalty
A. Spray paint containers shall not be sold, delivered, transferred or given to persons
under age eighteen (18). Evidence that a person demanded and was shown
acceptable evidence of age and acted upon such evidence in a transaction or sale
shall be a defense to any prosecution under this subsection. This subsection does
not apply to the transfer of an aerosol spray paint container from a parent to child,
guardian to ward, employer to employee, teacher to student or in any other similar
relationship when such transfer is for a lawful purpose.
B. Spray paint containers sold at retail establishments shall be stored or displayed
either A) in an area that is inaccessible to the public without employee assistance
in the regular course of business pending legal sale or other disposition or B) within
fiffeen (15) feet of a cash register and within the line of sight of a cashier at all times.
C. Identification shall be required of purchasers of spray paint containers appearing to
be under the age of twenty-six (26). A retailer shall not be found responsible for a
violation of this subsection unless the failure to require identification resulted in a
sale of spray paint to a person under age eighteen (18).
D. Spray paint containers shall not be displayed or sold at swap meets, yard safes,
garage sales, or other like events.
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E. A retailer shall be responsible for the violation of any provision of this section by its
employees.
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 herein.
1. A person found responsible for a violation of any provision of this section
shall be fined not less than two hundred dollars ($200.00). The fine amount
for each subsequent violation of any provision of this section within a
consecutive 365 day period shall increase by increments of three hundred
dollars ($300.00) for each violation.
[Adopted by Qrd. No. 9&21l
Article 11-4 MINORS; LOITERING AND CURFEW
Section 11-4-1 Definitions
A. In this section, unless the context otherwise requires:
Curfew hours means the following:
i. For juveniles under sixteen (16) years of age, between the hours of
ten o'clock (10:00) p.m. and five o'clock (5:00) a.m. of the following
day.
ii. For juveniles on or after the sixteenth birthday, but prior to the
eighteenth birthday, between the hours of twelve o'clock (12:00)
midnight and five o'clock (5:00) a.m. of the following morning.
2. "Custodian" means any person, not a juvenile, who is in Ioco parentis to a
juvenile.
Emergency means an unforseen combination of circumstances or the
resulting state that calls for immediate action. The term also includes, but
is not limited to, a fire, a natural disaster, or automobile accident, or any
situation requiring immediate action to prevent serious bodily injury or loss
of life.
4. s[aellshment is defined as any privately owned place of business
operated for a profit to which the public is invited, including but not limited
to any place of amusement or entertainment.
5. "Guardian" means a person who, under court order, is the guardian of the
person of a minor; or a public or private agency with whom a minor has
been placed by an authorized agency or court; or any person other than a
parent, who has legal guardianship of the person of a juvenile; or a person
at least 21 years of age and authorized by a parent or guardian to have the
care and custody of a minor.
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6. nsufflclent Control" means failure to exercise reasonable care and
diligence in the Supervision of the juvenile.
7. 'Juvenile" or Minor" means any person who has not yet reached eighteen
years of age.
8.perator means any indvidual, firm, association, a '
corporation operatnn, mana,-~ ......... ' p rtnershlp or
term i-^'--' .... ~ _ ~,.~, ,.,, uunauct~ng any establishment. The
,~u~uuu5 [ne members or partners of an association or Partnership and
the officers of a corporation.
9. "Parent" means a natural parent, adoptive parent, or step-parent of another
person.
10. u[~l~c Place s any place t° which the public or a substantial group of the
public has access, and includes streets, highways, and the Common areas
of schools, hospitals, apartment houses, office buildings, transport facilities,
and shops.
'l 'l. "Remain" means to linger or stay or fail to leave premises when requested
to do so by a police officer or the Owner, operator, or other person in control
of the premises.
12. 'Serious Bodi y In' ' ·
jury means bod~ y injury that creates a substantial risk of
death or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
[Adopted by Ord, No. 96.'16; revised by Ord. No. 97,35.]
Section 11-4-2 Offenses
A. A minor Commits an offense if the minor remains in any public place or on the
pr. emises of any establishment within the town, away from the property where the
m~nor resides, during curfew hours.
B. A parent, guardian or person having responsibility of a minor commits an offense
if the parent, guardian or person having responsibility for the minor knowingly
permits, or by insufficient control allows, the minor to remain in any public place or
on the premises of any establishment within the town, away from the property where
the minor resides, during curfew hours. It shall not constitute a defense hereto that
such parent, guardian or other person having responsibility for the minor did not
have actual knowledge that the minor was violating the provisions of this article if
such parent, guardian or other person having responsibility for the minor, in the
exercise of reasonable care and diligence, should have known of the violation.
C A parent, guardian or other person having the care, custody or supervision of the
minor Commits an offense by refusing to take custody of the minor after such
demand is made upon said parent, guardian or other person having the care,
custody or supervision of the minor, by a law officer who arrests the minor for
violations of this article.
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D. The owner, operator, or any employee of an establishment commits an offense if
said owner, operator, or any employee of the establishment knowingly allows a
minor to remain upon the premises of the establishment during curlew hours.
[Adopted by Ord. No, 96.16; revised by Ord, No. 97.35,1
Section 11-4-3 Defenses/exceptions
A. It is a defense to prosecution under section 11-4-2 of this article that:
1. The minor was accompanied by the minor's parent or guardian;
2. The minor was on an errand at the direction of the minor's parent or
guardian without any detour or stop;
3. With prior permission of the parent or guardian, the minor was in a vehicle
involved in interstate travel;
4. The minor was engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or stop by the most
direct route;
5. The minor was involved in an emergency;
6. The minor was on the sidewalk abutting the minor's residence or abutting
the residence of a next-door neigh_b, or if the neighbor did not complain to the
police department about the minor s presence;
7. With prior permission of the parent or guardian, the minor was engaged in
a reasonable, legitimate, and specific business and/or activity. Examples
include, but are not limited to, attending an official school, religious, or other
recreational activity supervised by adults and sponsored by the Town of
Marana, a civic organization, or another similar entity that takes
responsibility for the minor, or going to or returning home from, without any
detour or stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the Town of Marana, a civic
organization, or another similar entity that takes responsibility for the minor;
8. With permission of the parent or guardian the minor was exercising First
Amendment rights protected by the United States Constitution, such as free
exercise of religion, freedom of speech, and the right of assembly; or
9. The minor is emancipated, whether emancipation be through marriage,
military service, or other legally sufficient grounds in accordance with
Arizona law.
B. It is a defense to prosecution under section 11-4-2(D) that the owner, operator, or
employee of an establishment promptly notified the police department that a minor
was present on the premises of the establishment during curfew hours and refused
to leave.
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C. (Formerly section 11-3-4).
[Adopted by Ord. No, 96.16; revised by Ord. No. 97.35.]
Section 11-4-4 Enforcement
Before taking any enforcement action under this article, a police officer shall ask the
apparent offender's age and reason for being in the public place. The officer shall not issue
a citation or make an arrest under this section unless the officer reasonably believes that
an offense has occurred and that, based on any response and other circumstances, no
defense in section 11-3-5 exists.
[Adopted by Ord. No. 96.16; revised by Ord. No. 97.35.]
Section 11-4-5 Penalties
A. Each violation of the provisions of section 11-3-2 shall constitute a separate offense.
B. A person convicted of a violation of this article shall be guilty of a class one (1)
misdemeanor, punishable according to the Jaws of the State of Arizona.
IAdopted by Ord. No. 96.16; revised by Ord. No. 97.35.]
Article 11-5 NOISE
Section 11-5-1 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 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.
[Adopted by Ord. No. 96,16]
Section 11-5-2 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:
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1. "Alarm" means any mechanica~ 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 ~imits 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 a~arm company or alarm user
or a malfunction of the alarm.
C. The following shall not be considered false alarms:
1. A~arms 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.
[Adop~ted by Ord. No. 96.16]
Section 11-5-3 Noise Standards in the Resort and Recreation Zone
A. Applicability; Policy
The Town of Marana has come to understand that certain allowable activities within the
Resort and Recreation Zone may be disruptive to the public health, safety and general
welfare, the satisfaction, and the feeling of well-being to the surrounding residents.
In order to control unnecessary, excessive and annoying noise being generated from
properties with the Resort and Recreation (R-R) zoning designation, it is the policy of the
Town of Marana to maintain the standards identified herein to protect the public health,
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safety and general welfare of the surrounding residentially zoned properties. All uses
established or placed into operation after the effective date of this Section shall comply at
all times hereafter with the following limitations or performance standards.
B. Definitions
As used in this section, the following terms shall be defined as follows:
1. A-weighted Sound Level. The sound pressure level in decibels as measured
on a sound level meter using the A-weighted filter network. The A-weighted
filter network is designed to simulate the response of the human ear. The
A-weighted sound level is expressed by the symbol dBA.
2. Ambient Noise. The composite of noise from all existing sources near and
far. The ambient noise level constitutes the normal or existing level of
environmental noise at a given location, excluding any alleged offensive
noise.
3. Decibel (dB). A unit for measuring the amplitude of a sound, equal to twenty
times the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals.
4. Impulsive Noise. A noise of short duration, usually less than one second,
and of high intensity, with an abrupt onset and rapid decay.
5. Noise Study. An acoustical analysis performed by a qualified noise engineer
which determines the potential noise impacts of a roadway, land use or
operation of equipment. The noise study will generate noise contours and
recommend mitigation for noise impacts which exceed the city's noise
standards.
6. Sound Level Meter. A sound level meter shall mean an instrument meeting
at a minimum the American National Standards Institute's Types 1 or 2
Standards, or an instrument and the associated recording and analyzing
equipment which will provide equivalent data.
C. Amplified Noise Standards
This section identifies stationary types of noise sources. The type of noise standard
contained in this section is for amplified noise, which may be intrusive to a neighboring
residential property. The noise standards shown in Table 1 are for regulating the impact of
stationary noise sources to a neighboring property.
D. Exterior Noise
It shall be unlawful for any person, entity or operation at any location within the R-R zone
of the town to create any amplified noise, or to allow the creation of any amplified noise on
property owned, leased, occupied or otherwise controlled by such person, which causes
the noise level when measured at the property line to exceed the noise standards found in
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Table 1, and these amplified noise standards are hereby established and declared to be
reasonable and acceptable during the times stated in Table 1.
TABLE 1
STATIONARY NOISE SOURCE STANDARDS
Maximum Noise Levels
Measured at Property Line
7:00 a.m. - 10:30 p.m. Not to Exceed 55dBA
10:30 p.m. - 7:00 a.m. Not to Exceed 50dBA
E. Exemptions
The following activities shall be exempt from these noise standards:
1. Special events pursuant to an approved special use permit. Noise impacts
shall be evaluated and conditioned as pad of the special use permit.
2. Filming pursuant to a film permit. Noise impacts shall be evaluated and
conditioned as part of the film permit.
3. Activities conducted on public parks, public playgrounds and public or
private school grounds including school athletic and entertainment events
that are conducted under the sanction of the school or under a license or
permit duly issued pursuant to any provision of Town Code.
4. Noise sources associated with the maintenance of real property, provided
said activities take place between the hours of 7 a.m. to 8 p.m. on any day
except Sunday or between the hours of 9 a.m. to 8 p.m. on Sunday.
5. Any activity to the extent regulation thereof has been preempted by State or
Federal law.
F. Noise Level Measurements
All noise shall be measured in accordance with the following standards. Measurements
shall be made with a Type 1 or Type 2 calibrated sound level meter utilizing the A-weighting
scale and the slow meter response as specified by the American National Standards
Institute (A.N.S.I.). Noise levels shall be measured in decibels and A-weighted. Meters
shall be maintained in calibration and in good working order. The measurement location
is at the property line between the R-R Zone and the residentially zoned property.
G. Measurement Procedure
The sound level meter shall be operated in accordance with the instrument manufacturer's
instructions and as follows:
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1. Microphone Orientation. The microphone shall be pointed towards the
allegedly offensive noise source, unless the manufacturer's instructions
specifically indicate otherwise.
2. Meter Setting. The meter shall be set for the A-weighted network and "slow"
response mode.
3. Calibration. An internal or external calibration check shall be made before
and after each use.
4. Sound levels shall be measured at the approximate location of the property
line, at a height of at least three (3) feet above the immediate surrounding
surface.
5. Windscreens shall be used whenever appropriate.
H. In order to implement and enforce this section effectively, the chief of police shall,
within a reasonable time after the effective date of this section, develop and
promulgate standards and procedures for testing and validating sound level meters
used in enforcement of this section.
I. A law enforcement agent shall command any person 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 regarding a noise violation. Each violation of the order of
a law enforcement agent under this subsection shall constitute a separate offense
of this section.
J. Noise Studies Required
1. Pre-development Noise Studies. A pre-development noise study is
performed prior to development and is designed to project future noise
levels and recommend mitigation measures to be implemented in project
development. A registered noise engineer as approved by the town shall
prepare all noise studies. Noise studies may be required when a noise
generating use, such as an amphitheater, arena, etc., is proposed in the
R-R zoning district. The need for a noise study will be determined at the time
of development review. Pre-development noise studies shall project future
noise levels based on proposed uses, traffic volumes and other relevant
future conditions. Existing and projected noise shall be evaluated pursuant
to the noise standards within this section. Mitigation measures shall be
proposed to bring noise levels into compliance with these standards.
Mitigation measures may consist of walls, berms, setbacks, landscaping,
building materials, construction methods and any other means whereby
noise can be reduced to the levels within this section.
K. Enforcement
1. It shall be unlawful for any person in the R-R zoning district, within the Town
of Marana, to create any exterior noise, or to allow the creation of any noise
on property owned, leased, occupied or otherwise controlled by such
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person, which causes the noise level when measured according to this
section, to exceed the maximum allowable noise levels in Table 1 of this
section.
2. No person shall interfere with, oppose or resist any authorized person
charged with the enforcement of this section while such authorized person
is engaged in the performance of his or her duty.
3. Any person violating any provision of this section shall be deemed
responsible of a civil infraction. A law enforcement agent shall command any
person 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
regarding a noise violation. Each violation of the order of a law enforcement
agent under this subsection shall constitute a separate offense of this
section.
4. The operation or maintenance of any device, instrument, or machinery in
violation of any noise standard identified in this section is hereby declared
to be a public nuisance and may be abated pursuant to the nuisance
abatement procedure in the Town Code.
5. Pursuant to this section, each person shall be deemed responsible of a
separate offense for each and every day during any portion of which any
violation of any provision of this section is committed, continued, or
permitted by such person and shall be punished accordingly.
6. Even though compliance with performance standards or procedures in
obtaining any permit is not required for a particular use, initial and continued
compliance with performance standards is required of every use and the
provisions for enforcement of continued compliance with performance
standards shall be invoked by the Police and Planning Departments against
any use if there are reasonable grounds to believe that performance
standards are being violated by such use.
7. The designee thereof, shall investigate any purpoded violation of noise
standards and, if there is reasonable ground for same, shall commence
proceedings to abate such violation. The Town, to assist in such abatement
proceedings, may employ qualified expert consultants. Action by the Town
to abate such violation may include, but shall not be limited to, commencing
proceedings for revocation of permits or commencing enforcement
proceedings pursuant to this code or other remedies available by law or
equity.
L. Jurisdiction
The Town Magistrate shall have authority to adjudicate violations of this section. Violations
shall be charged via the short form Arizona Traffic Ticket and Complaint or via the long form
summons and complaint submitted by the Town Attorney. Pursuant to A.R.S. § 9-500.21
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(A)(3), the Town Magistrate, in adjudicating violations of this section, shall use the same
procedures used for adjudicating civil traffic offenses.
[Adopted by Res. No. 200245 and Ord. No. 2002.12]
Article 11-6 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.
[Adopted by Ord. No. 96.16]
Article 11-7 STORAGE OF INOPERABLE OR UNLICENSED VEHICLES
Section 11-7-1 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 pads 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 properly owner or renter to cause or knowingly permit the
storage on properly 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.
[Adopted by Ord. No. 96.16]
Article 11-8 PENALTIES
Section 11-8-1 General
Any violation of this chapter other than section 11-5-2 shall be a class 1 misdemeanor.
[Adopted by Ord. No. 96.16]
Marana Town Code MARANA TOWN CODE
11-14 rev. 2OO2
Section 11-8-2 False alarms
Any violation of section 11-5-2 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.
[Adopted by Ord. No. 96.16]
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 five hundred dollars ($500.00) nor more than
one thousand dollars ($1,000.00).
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 twelve hundred dollars (1,200.00) nor more
than fifteen hundred dollars ($1,500.00).
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 two thousand dollars ($2,000.00) nor more than
twenty-five hundred dollars ($2,500.00).
D. No judge may suspend the minimum fine prescribed herein, upon a person found
responsible of any offense prohibited by Section 11-5-3.
[Adopted by Ord. No. 2002.12]
Marana Town Code MARANA TOWN CODE
1 1-1 5 rev. 2002