HomeMy WebLinkAbout05/09/2006 Blue Sheet Title 5 Municipal Court Revisions, Proposed Amendments
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE:
May 9, 2006
AGENDA ITEM:
c.t
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Discussion and direction concerning proposed Town Code Title 5
(Municipal Court) revisions authorizing civil town code enforce-
ment.
DISCUSSION
This item is a discussion of a proposed amendment to Town Code Title 5 (Municipal Court) that
would establish procedures for enforcement of civil town code violations. This proposed ordi-
nance would take advantage of the civil enforcement process enabling authority found in A.R.S.
S 9-500.21, which authorizes the Town Magistrate to serve as a civil town code hearing officer
and authorizes municipalities to establish procedures to hear and determine town ordinance vio-
lations as civil offenses and to appoint additional hearing officers to hear and determine town
ordinance violations. The Town Code currently does not contain the language necessary for civil
town code enforcement in Marana Municipal Court.
Civil code enforcement is a significantly more efficient way to enforce Town code violations.
Under this procedure, Town code enforcement officers are authorized to issue a civil summons
and complaint, very much like a civil traffic violation summons and complaint, ordering an al-
leged violator to appear before the Town Magistrate concerning the violation.
The proposed ordinance establishes a minimum $100 and maximum $1,000 fine for each viola-
tion (typically each day's violation is a separate offense), and requires an order to abate the vio-
lation to be issued when a violation is determined to exist. Failure to comply with an order to
abate the violation is punishable as a misdemeanor with a minimum $250 and maximum $10,000
fine and minimum one day and maximum six months jail time.
RECOMMENDATION
Staff recommends authorization to bring to Council for adoption these proposed Town Code Ti-
tle 5 (Municipal Court) revisions establishing civil town code enforcement procedures.
SUGGESTED MOTION
I move to direct staff to bring to Council for adoption these proposed Town Code Title 5 (Mu-
nicipal Court) revisions establishing civil town code enforcement procedures.
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MARANA ORDINANCE NO. 2006.XX
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 Marana.
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 underlininl!):
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 the oivil traffio 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:
CHAPTER 5-7
CIVIL TOWN CODE VIOLATIONS
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.
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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 Tow'N OF M.u.....,,'" Ul'"lTORM CnlL CODL COMPLIDiT
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.
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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: "l 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 and
shall not be less than $100.
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
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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. 9 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 a minimum mandatory
24 hours in jail, up to a maximum six months in jail; by a minimum mandatory fine
of $250, a maximum fine of $2,500; and by probation up to three years. The
minimum jail time and fine shall not be suspended.
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 ih day of July, 2006.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6th day of June, 2006.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
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