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Home My WebLink AboutOrdinance 2006.15 Amending chapter 5 of the town code relating to the town magistrate I F. ANN RODRIGUEZ, RECORDER RECORDED BY: C D DEPUTY RECORDER 0224 PE2 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12822 1135 4 20061110305 06/09/2006 15:35 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN MAIL AMOUNT PAID $ 8.00 ~ MARANA ORDINANCE NO. 2006.15 RELATING TO MUNICIPAL COURT; AUTHORIZING THE MARANA TOWN MAGISTRATE TO SERVE AS THE TOWN CODE CIVIL VIOLATIONS HEARING OFFICER; ESTABLISHING MARANA MUNICIPAL COURT PROCEDURES TO HEAR AND DETERMINE CIVIL VIOLATIONS OF THE TOWN CODE; AUTHORIZING THE APPOINTMENT OF ADDITIONAL TOWN CODE CIVIL VIOLATIONS HEARING OFFICERS; MODIFYING TOWN CODE SECTION 5-2-3 ENTITLED "HEARING OFFICERS"; ADDING CHAPTER 5-7 ENTITLED "CIVIL TOWN CODE VIOLATIONS"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Town is authorized by A.R.S. ~ 9-500.21 to establish procedures to hear and determine town ordinance violations as civil offenses and to appoint hearing officers to hear and determine town ordinance violations; and WHEREAS the Town Council finds that the authorizations granted and procedures established by this ordinance are necessary for the public health, safety and general welfare of the Town of Mar ana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 5-2-3 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinim!): Section 5-2-3 Hearing officers The magistrate, with the approval of the council, may appoint one or more hearing officers to preside over civil code violation cases and civil traffic violation cases when the appointment of hearing officers is necessary to assure prompt disposition of tlliLcivil traffic violation cases. Hearing officers may hear and dispose of civil code violation cases and civil traffic violation cases under supervision of the presiding officer of the municipal court which are appealable to the superior court pursuant to title 22, chapter 2, Article 4, Arizona Revised Statutes. SECTION 2. Title 5 of the Marana Town Code is hereby revised by adding Chapter 5-7 as follows: :I ~"'II "it, ~a ~;: ~I~'\J ,!I~L CHAPTER 5-7 CIVIL TOWN CODE VIOLATIONS l~~ ::1 :t ,IP~I)I ""~ ~." ,::JI Section 5-7-1 Town code violations treated as civil matters Violations of the town code for which a civil sanction is imposed shall be treated as civil matters as provided in this chapter. {OOOO2011.DOC 13} - 1 - 5/30/2005 5:00 PM FIe Section 5-7-2 Commencement of action; jurisdiction of Marana municipal court A. A civil code violation case is commenced by issuance of a uniform civil code complaint as provided in this chapter. A civil code violation case shall be commenced within one year of the alleged violation. B. The Marana municipal court shall have jurisdiction over all civil violations of the town code. Section 5-7-3 Service of uniform civil code complaint A. A uniform civil code complaint may be served by delivering a copy of the uniform civil code complaint to the person charged with the violation or by any means authorized by the Arizona rules of civil procedure. B. The original complaint shall be filed in the Marana municipal court within five days after a complaint is issued. Any peace officer or duly authorized agent of the town may issue the complaint. Section 5-7-4 Authority to detain persons to serve civil code complaint; failure to provide evidence of identity; penalty A. A 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 the town code and to serve a copy of a civil code complaint. B. A person who fails or refuses to provide evidence of his or her identity to a peace officer or duly authorized agent of the town upon request, when the officer or agent has reasonable cause to believe the person has committed a violation of the town code, is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $2,500 or by imprisonment for a period not to exceed 6 months, or by both such fine and imprisonment. Section 5-7-5 Form for civil code complaints The civil code TOWNOFMAR.-'L'QUNIFOIWCl\lLCODECOMPl.AINT complaint shall be in the form of the document marked "town of Marana uniform civil code complaint" reproduced in and made a part of this section by this reference, and shall contain notice that default judgment will be entered and a civil sanction and order to abate the violation will be imposed on a person who is cited and fails to appear as directed in the complaint. {OOOO2011.DOC / 3} Clnm.AINrNo. "Ilat'R'SI.1czlall,No. srATE I SOCULsza.rry~ IN THE MliMClPAL Cot'RT ToWNOFMAR.<\..'iA 1'OWN OF MAUNA FIBSr ~ Lm: v. Tm:tn'Il~Qn::THE,~'Vt DElIOO1.Ul7, N&lRDEI'1'BII~: SI1lIEl OTYrr........ STAtt ZIP- 01<1111: _IIA.TW KI:SDlE!lCE ADIIREss, 20_A'f11ll:_0I'__-'l, 1IIII'fIIm<AlQ)_Al'~ SWt:.... SI1lIEl OTYrr........ STAtt ZIP- J.fAIIJNG - ADIIltESS, n "'M.u.ur',~ SI1lIEl OTYrr........ STAtt ZIP- cmaar 1111: fOU.OIIIl(G aw. Bl15I!mSS ~ '" ......mII'l or 1111: ADIIREss, ld&Il.&..... T01n<CCIIlI!: RESIDENCE Bl15I!mSS ;..:~ PRONE, l'HoN[: :f':~ no FIBSr UIIlIILE Lm: " , OY.'lIEIl I €mlI:Jt'S .~I", llCC1:IPIED: NO -, "t:" SI1lIEl OTYrr........ STAtt ZIP- ,'('Ii Olt'llEll'S ADIIltESS: f Yam!. DAv n... 11nR I.Ul ."1 '\"01.1Jt nUE ,,'m nHE, TOAl'ft:AR IS, 1l'U ):~: Ir I 1'AIL 1'0 API'ZAIt AS IlIII!Cm> '" 1'IIIS I - CIII:1DT 11U.1"J,,;a HAW CCJIiIlI'I..o.U,A.DD"AD,..TA~1nLL_~ u.uoNABIZ GaDaIDI to ~ .LV A.GAIMT 1m" A t:l\'1L S&.~ 1I1LL _ IUPOSZD. DO:II:I.B\'Z DIAr 'DIE JU:SIQft 1'QY!D Di MARA.>;A Ml'MClPAL COlin A..A.lfomllDt 10 A&\D:1m.LR lSSUID TBD ~ UIIAfD1'D mr CIVIL 11555 W. Cmc CEmERDIUVE VIDIA.'JD{ - '" 1'IIIS ~. MAR.o\NA AZ 8SCiSJ - 2 - 5/30/20055:00 PM FJe Section 5-7-6 False certification of civil code complaints A. A civil code complaint need not be sworn to if it contains a form of certification by the issuing officer in substance as follows: "I hereby certify that I have reasonable grounds to believe and do believe that the person named in this complaint committed the civil violation described in this complaint." B. A false certification under this section constitutes perjury. Section 5-7-7 Admission or denial of allegations in complaint; hearings; findings of court; civil sanction; order to abate A. A person named in a civil code complaint shall appear at the time and place stated in the complaint or may appear prior to the time if so authorized by the court and upon the directions contained in the complaint and admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are admitted. No fee shall be charged for appearance in a civil code violation case. B. If the person named in a civil code complaint admits the allegations in the complaint, the court shall enter judgment for the town and impose a civil sanction. C. Allegations in a civil code complaint may be admitted with an explanation. When this occurs, the court shall enter judgment for the town and impose a civil sanction determined with the court's due consideration of the explanation submitted. D. If the person named in a civil code complaint denies the allegations of the complaint, the court shall set the matter for hearing. All civil code violation hearings are informal and without a jury, and the town is required to prove the violation by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. A person who elects to be represented by counsel shall notify the court of this fact at least ten days prior to the hearing date. Hearings may be recorded. If the court finds in favor of the person, the court shall enter an order dismissing the civil code violation case. If the court finds in favor of the town, the court shall enter judgment for the town and impose a civil sanction. E. If the person served with a civil code complaint fails to appear on or before the time directed to appear or at the time set for hearing by the court, the allegations in the complaint shall be deemed admitted and the court shall enter judgment for the town and impose a civil sanction. F. A civil sanction imposed pursuant to this chapter shall not exceed $1,000. G. In addition to civil sanctions, upon finding that a violation exists, the court shall order the person to perform whatever action is reasonably necessary to correct and abate the violation. An order to abate shall remain in effect for one year. When issuing an order to abate, the court shall advise a violator that additional fines will be imposed for failure to abate a violation and that the town may bring criminal charges for failure to obey the order to abate. Section 5-7-8 Appeal Any party may appeal the judgment of the court. The appeal may be to the superior court in the same manner as promulgated by the supreme court. The "~I ,1. ~":il I~R", ;!~::;i: Ili'1! ,I:, ~2 ~:::~ "I f :j~: 7 {OOOO2011.DOC / 3} - 3 - 5/30/20055:00 PM FJC posting of an appeal bond stays enforcement of the judgment. Commissioners of the superior court may hear and determine appeals. Section 5-7-9 Subpoena of witnesses; inapplicability of rules of civil procedure A. The town and the person charged with a civil code violation may subpoena witnesses as provided by A.R.S. ~ 13-4072. Witnesses are not entitled to fees for appearing in connection with a civil code violation case. B. Except as otherwise provided in this chapter, the rules of civil procedure do not apply. Section 5-7-10 Failure to pay civil sanction; collection procedure All civil sanctions imposed pursuant to this chapter shall be paid within 30 days from entry of judgment, except that the court may extend the time for payment or provide for installment payments if the court finds that payment within 30 days will impose an undue economic burden on the defendant. A civil sanction may be collected in the same manner as any other judgment in favor of the town. Section 5-7-11 Failure to obey order to abate violation; penalty Any person who fails to obey an order to abate a violation issued by a magistrate, special magistrate, or special limited magistrate is guilty of a misdemeanor. A violation of this section is punishable by up to a maximum six months in jail and by a maximum fine of $2,500; and by probation up to three years. SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. SECTION 4. If any 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, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance shall become effective on the 7th day of July, 2006. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of June, 2006. ATTEST: ~,\"nn"II~ ~ _\. OF M..q ~ ~- ~\.&\"""''''''''~~ S ~~~ ~ ~ :::~/cOP.PORAT/~ ~ :: = 000 : _ - -SEAL- - - ~ S ~ ~ ~ ~::!f~ ~ ~ ~ SU"PRO ~ AI ~1/1I11"\\~ ~ ~ ~/Z ,\9"1 '~... ~IIII.U\\\~ Fr u~ Mayor Ed Honea 1 :;~;~ t~i: '''l .,f ql ,.i.. ~~M 'I ~!. ,"~, ;",1, ,1""'" 4f.::;~ {OOOO2011.DOC / 3} -4- 5/30/2005 5:00 PM FJC