HomeMy WebLinkAbout05/09/2006 Blue Sheet Town Code TItle 12 Traffic Proposed Amendments
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: May 9, 2006
AGENDA ITEM:
C.3
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
Frank Cassidy, Town Attorney
Discussion and direction concerning proposed Town Code Title 12
(Traffic) revisions prohibiting parking on public land or in public
rights-of-way to display vehicle or goods for sale, modifying park-
ing restrictions, clarifying penalty provisions and making other
clarifying changes.
DISCUSSION
This item is a discussion of proposed amendments to Town Code Title 12 (Traffic) that would
significantly revise the Town's parking regulations.
This proposed ordinance was initiated at the request of the Marana Police Department to prohibit
parking on public land or in the public right-of-way for the purpose of displaying a vehicle or
goods for sale. These provisions are found in new proposed Sections 12-3-9 through 12-3-11 on
page 6 of the proposed draft ordinance.
When the ordinance was circulated for comment, various additional staff suggestions were made
that led to the other revisions found in this proposed ordinance. The Town Prosecutor suggested
that Title 12 would be clearer ifthe various penalty provisions were moved from Chapter 12-7 to
the chapter to which they applied. The proposed ordinance does this. See new Sections 12-2-14,
12-3-13,12-4-6 and 12-6-2. Public works staff suggested that the parking restrictions of Title 12
be conformed to the parking restrictions found in A.R.S. SS 28-871 through 28-886. Specifically,
many of the statutory parking restrictions are not found in existing Title 12. To a large extent this
has been accomplished (see especially Sections 12-3-2 through 12-3-4), although the proposed
ordinance does include some variations from state statutes.
Public works staff also suggested adding parking limitations for various vehicles that can be-
come a nuisance if parked too long, including commercial vehicles, recreational vehicles, vehi-
cles with trailers and unattached trailers. The proposed ordinance would prohibit commercial
truck parking on public streets from 6pm to 6am, and would prohibit recreational vehicles, vehi-
cles with trailers and unattached trailers from being parked on a public street for more than
24 consecutive hours.
The proposed ordinance makes various other revisions intended for clarification.
RECOMMENDATION
Staff recommends authorization to bring to Council for adoption these proposed Town Code Ti-
tle 12 (Traffic) revisions.
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FJC 5/3/2006 2:45 PM
ATTACHMENT
The affected pages of Marana Town Code Title 12 as they would appear after the adoption of
these proposed revisions.
SUGGESTED MOTION
I move to direct staff to bring to Council for adoption these proposed Town Code Title 12 (Traf-
fic) revisions.
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FJC 5/3/2006 2:45 PM
MARANA ORDINANCE NO. 2006.xx
RELATING TO TRAFFIC; PROHIBITING VEHICLE PARKING ON PUBLIC LAND OR
WITHIN PUBLIC RIGHT-OF-WAY FOR CERTAIN PURPOSES; PROHIBITING VEHICLE
STOPPING, STANDING OR PARKING IN CERTAIN INSTANCES; MOVING TOWN
CODE TITLE 12 PENALTY SECTIONS TO THE CHAPTER TO WHICH THEY APPLY;
ADDING DEFINITIONS; AND MAKING CERTAIN OTHER CLARIFICATIONS;
AFFECTING TOWN CODE SECTION 12-2-14, CHAPTER 12-3, SECTION 12-4-6,
SECTION 12-6-2 AND CHAPTER 12-7; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS the Town Council finds that revision of traffic and parking regulations as set
forth in this Ordinance is in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Chapter 12-2 is modified by adding Section 12-2-14 as follows:
Section 12-2-14 Violations - chapter 12-2; penalty
A. Any violation of chapter 12-2 shall be a civil traffic violation except for an ex-
cessive speed violation punishable as a class 3 misdemeanor under A.R.S.
9 701.02 or a violation of section 12-2-13 punishable as a class 1 misde-
meanor under paragraph C of this section.
8. Any person found responsible for a civil violation of chapter 12-2 shall be fined
not less than $50 or more than $250 for each violation.
C. A person convicted of violating section 12-2-13 is guilty of a class 1 misde-
meanor and shall pay the following mandatory penalty, which shall not be
suspended:
1. Any violation of section 12-2-13(A) shall require a minimum fine of $250.
2. Any violation of section 12-2-13(8) shall require a minimum fine of $500.
3. 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.
4. 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.
SECTION 2. Chapter 12-3 ("Parking") of the Marana Town Code is hereby revised as
follows (with deletions shown with strikeouts and additions shown with double underlinin2:):
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Chapter 12-3 PARKING
Section 12-3-1 Definitions.
The followina definitions shall aoolv throuahout this chaoter:
A. "Handicao oarkina soace" means any soeciallv desianated and marked oark-
ina soace orovided in accordance with section 12-3-6 for ohvsicallv disabled
oersons.
B. "Parkina" means the standina of a vehicle. whether occuoied or not. Parkina
does not include a temoorarv stoo for the ouroose of and while actuallv en-
aaaed in loadina or unloadina.
C. "Riaht-of-wav" means the entire width between boundarY lines of everY way
set aoart for oublic travel when any Dart of it is ooen to the use of the oublic
for ourooses of vehicular travel.
D. "Sale" means any transfer of title or oossession or both. for consideration.
Sale includes any exchanae. or barter. conditional or otherwise. in any man-
ner or bv any means whatsoever. includina consianment transaction and auc-
tions of orooertv.
E. "Vehicle" means everY device bv which any oerson or orooertv is or may be
transoorted or drawn on a street or hiahwav.
Section 12-3-~4 Method of parking
A....Except as otherwise authorized bv oosted reaulatorv sians providod by rosolu
tion of tho oounoil, every vehicle stopped or parked upon a roadway where
there are adjacent curbs shall be se-stopped or parked with the right hand
wheels of the vehicle parallel to and within 18 inches of the right hand curb.
B. Where authorized bv oosted reaulatorv sians. vehicles may be oarked with the
left-hand wheels adiacent to and within eiahteen inches of the left-hand curb
of a one-way roadwav.
C. Where authorized bv oosted reaulatorv sians. anale oarkina is oermitted on
any roadway. This oaraaraoh shall not aoolv on any federal aid hiahwav or
state hiahwav unless the director of the Arizona deoartment of transoortation
has determined bv resolution or order that the roadway is of sufficient width to
oermit anale oarkina without interferina with the free movement of traffic.
Section 12-3-~ Blocking traffic
A. It shall be a civil infraction is unlawful for any person to stop, stand or park any
motor vehicle, or other vehicle, l:Jpon a stroot in tho town on the oaved or main
traveled Dart of a oublic roadway so as to leave available less than ten tweAty
feet of the width of the oublic the-roadway for the free movement of the-ve-
hicular traffic""
B. On a oublic roadway with vellow centerline markinas. it shall be a civil infrac-
tion for any oerson to stoo. stand or Dark any motor vehicle or other vehicle on
the oaved or main traveled Dart of a oublic roadway so as to leave available
less than ten feet of the width of roadway between the vellow centerline mark-
inas and the curb on the same side of the centerline markinas as the oarked
vehicle for the free movement of vehicular traffic.
k It shall be a civil infraction for any oerson to stoo. stand or Dark any motor ve-
hicle or other vehicle on the oaved or main traveled Dart of a oublic roadway
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outside of a business or residence district unless the vehicle is c1earlv visible
from a distance of 200 feet in each direction on the roadwav.
D. This section does not aoolv to:
1. The driver of a vehicle that is exoept that a person may stop~ temporarily
when , in the aotual loading or unloading ef--passengers, or when neoes
6afY-;-in the observance of traffic signs or GignalG of a police officer instruc-
tions.
2. The driver of a vehicle that is disabled while on the oaved or main traveled
oortion of a hiahwav in a manner and to an extent that it is imoossible to
avoid stoooina and temoorarilv leavina the disabled vehicle in that oosition.
3. A vehicle or the driver of a vehicle enaaaed in the official deliverv of the
United States mail that stoos on the riaht-hand side of the hiahwav for the
ouroose of oickina uo or deliverina mail if the followina conditions are met:
a. A clear view of the vehicle is available from a distance of 300 feet in
each direction on the roadwav or a flashina amber liaht at least four
inches in diameter with the letters "stoo" orinted on the Iiaht is attached
to the rear of the vehicle.
b. The vehicle has a uniform sian that:
i. Is at least fourteen inches in diameter.
ii. Is aooroved bv the Arizona deoartment of transoortation.
iii. Has the words "U.S. Mail" orinted on the sian.
iv. Is attached to the rear of the vehicle.
B. It is unlavflul for any porGon to park a motor ,<,ehiolo, or other vehiole, within an
alloy or entronoe to a private drivovmy exoept for the loading or unloading of
materials, and not then unlecc the loading or unloading of materials oan be
aooomplishod without blool<ing the alley to tho free movement of 'Iohioular
tFa#iEr.
Section 12-3-4 Stoooina standina or oarkina orohibitions
Exceot if necessarY to avoid conflict with other traffic or if in comoliance with law
or the directions of a oolice officer or traffic control device. it shall be a civil infrac-
tion for anv oerson to stoo. stand or Dark a vehicle in anv of the followina olaces:
A. On a sidewalk.
B. In front of a oublic or orivate drivewav. exceot that this oaraaraoh does not
aoolv to a vehicle or the driver of a vehicle in the followina situations:
1. When loadina or unloadina materials in a wav that does not block the
drivewav to the free movement of vehicular traffic.
2. When enaaaed in the official deliverv of the United States mail if both of the
followina aoolv:
a. The driver does not leave the vehicle.
b. The vehicle is stoooed onlv momentarilv.
C. Within an intersection
D. Within fifteen feet of a fire hvdrant.
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E. On or within 20 feet of a crosswalk.
F Within 30 feet on the aooroach to anv flashina beacon. stoo sian. vield sian or
traffic control sianallocated at the side of a roadwav.
G. Between a safetv zone and the adiacent curb or within 30 feet of ooints on the
curb immediatelv oooosite the ends of a safetv zone. unless otherwise author-
ized bv oosted reaulatorv sians.
H. Within 50 feet of the nearest rail or a railroad crossina or within eiaht feet six
inches of the center of anv railroad track. exceot while a motor vehicle with
motive Dower attached is loadina or unloadina railroad cars.
I. Within 20 feet of the drivewav entrance to a fire station.
J. Alonaside or oooosite a street excavation or obstruction when stoooina. stand-
ina or oarkina would obstruct traffic.
K. On the roadwav side of a vehicle stoooed or oarked at the edae or curb of a
~
L. On a bridae or other elevated structure on a DubUc road or within a tunnel.
M. At anv olace where official sians orohibit oarkina. standina or stoooina.
N. On a controlled access hiahwav exceot for emeraencv reasons or exceot in
areas soecificallv desianated for oarkina such as rest areas.
O. Within an allev exceot when loadina or unloadina materials in a wav that does
not block the allev to the free movement of vehicular traffic.
P. Within 50 feet of a oublic transit bus stoo.
Section 12-3-~ Authority to erect signs restricting parking
The town engineer, upon approval by the oounoil, may erect signs requiring park-
ing 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 authorized bv this section
shall become effective until the restrioted parking aroa iG speoifioally dosignated
by resolution of the oounoil, and signs have been erected as authorizod by this
section; provided, that all eigne rcGtrioting parking now in plaoe arc heroby rati
fied and appro'.'od aG GO plaoed. Sians need not be erected before enforcement
of oarkina restrictions adooted bv other sections of this chaoter. It shall be a civil
infraction is un I m'.4u I for any person to stop or park a vehicle in disobedience to
the parking restrictions.
Seotion 12 3 4 Parking '.'ehioles en side'J.'alks
It is unlawful for any person to park any vohiole, whether in usable oondition or
not, or for an owner to permit hie '/ehiole to bo parked upon any sidewalk in the
tewR,.
Section 12-3-gi Stopping, standing or parking in plases reserved fer
handicappe4 oarkino soace
A. Except as provided in subsection D of this section, no person may stop, stand
or park a motor vehicle within a handicao oarkina soace any speoially deGig
nated and marked parking spaoe provided in aooordanoe with this seotion for
physioally diGabled porconG unless the motor vehicle is transporting a person
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eligible for the distinguishing insignia placard or number plates bearing the in-
ternational wheelchair symbol, and either:
1. The motor vehicle displays the distinguishing insignia placard; or
2. The motor vehicle displays number plates bearing the international wheel-
chair symbol.
B. In any prosecution charging a violation of any of the provisions of this chapter
governing the standing or parking of a vehicle, the person in whose name the
vehicle is registered shall be prima facie responsible for the violation and sub-
ject to the penalty for it.
C. If a law enforcement officer employed by the town finds a motor vehicle in vio-
lation of this section, the officer shall issue a complaint which shall be at-
tached 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 interna-
tional wheelchair symbol, to park momentarily in aRy handicao 5l:I6A--parking
space for the purpose of loading or unloading the physically disabled person.
No complaint shall be issued to the driver for that 5t:I6A-momentary parking.
E. Handicao PQ,arking spaces roGerved for handiaapped persons shall be desig-
nated on privately owned property as provided by the town land development
code. Each handicao 5l:I6A--parking space shall be prominently outlined with
paint and posted with a permanent sign located not less than three feet or
more than six feet above the grade and of a color and design approved by the
Arizona department of transportation bearing the internationally accepted
wheelchair symbol and the caption "reserved parking". The designation of
handicao 5l:I6A--parking spaces as provided in this chapter or as required pur-
suant to the town land 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 posses-
sion of the property to the enforcement of this section, and the owner or per-
son in possession shall be deemed to have consented by 5l:I6A--that designa-
tion.
F. The chief of police ~'.vill have the authorizedty to institute a volunteer handi-
caPf**!- parking enforcement specialist program in which . The ahief of poliae
may authorize special volunteers are authorized to issue citations only to per-
sons who violate this section of this title.
Section 12-3-7 Law enforcement exceDtion
The stoooina. standina or oarkina restrictions orovided in this chaoter do not ao-
olv to a oolice or oeace officer when the stoooina. standina or oarkina is for the
ouroose of actual oerformance of a law enforcement dutv.
Section 12-3-~ Unarmed police Darkina enforcement aides
Unarmed poliae aides may bo omployod by tlhe police department mav emolov
unarmed oolice oarkina enforcement aides and shall be empowered to com-
mence an action or proceeding before a court or judge for any violation of tewR
ordinanaes or this aode regulating the vehicle standing or parking reaulationsef
vehialoG. The authority of the unarmed police oarkina enforcement aide shall be
strictly limited to the enforcement of tho ordinanaes regulating tho vehicle stand-
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ing or parking reaulationsof vehicles,!" and such aides ~are not granted any
other powers or benefits to which peace officers of the town are entitled.
Section 12-3-9 Parkina within riaht-of-wav to disolav vehicle or aoods for
sale
It shall be a civil infraction to Dark a vehicle within anv Town of Marana riaht-of-
wav for the ouroose of:
A. Disolavina the vehicle for sale: or
B. Disolavina advertisina: or
C. Disolavina aoods for sale.
Section 12-3-10 Parkina on oublic land to disolav vehicle for sale
It shall be a civil infraction to Dark a vehicle uoon land owned bv the town or bv
anv other aovernment aaencv for the ouroose of disolavina the vehicle for sale.
Section 12-3-11 Presumotion of Iiabilitv
A. The disolav of anv sians or other markinas indicatina that a vehicle is for sale
shall be orima facie evidence that the vehicle has been oarked for the ouroose
of sale.
B. Whenever a vehicle is oarked in violation of this chaoter. the reaistered owner
of the vehicle and the oerson who oarked the vehicle where the violation oc-
curred are iointlv and severallv resoonsible for the violation.
Section 12-3-12 Truck. trailer and recreational vehicle oarkina restrictions
A. Commercial trucks shall not be oarked on a oubUc street from 6:00 o.m. to
6:00 a.m.
B. The followina shall not be oarked on a oublic street for more than 24 consecu-
tive hours:
1. Vehicles with a trailer attached.
2. Trailers unattached from vehicles.
3. Recreational vehicles 20 feet or more in lenath.
C. Oversized vehicles shall not be oarked on a oubUc street at anv time.
SECTION 3. Existing Section 12-7-1 is renumbered as Section 12-3-13 and modified as
follows (with deletions shown with strikeolits and additions shown with double underlinimr):
Section 12-3-13+4 Violations - chapter 12-3: oenaltv
~Any violation of chapter 12-3 shall be a civil traffic violation.
B Anv oerson found resoonsible for violatina anv orovision of chaoter 12-3 shall
be fined not less than $50 or more than $250 for each violation. Upon a find
ing that an ovmor or operntor is rosponsible for a violation of this chapter, the
court Ghall impose a civil sanction of not less than $50 or greater than $250 for
the violation. No person shall park in a parking space that is pr-operly marked
for handicapped parking only unless they meet the requirements of ^.R.S.
~ 28 811. Chapter 12 3 shall be enforceable on any public or pri':ate property
within the tovm limits.
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SECTION 4. Existing Section 12-7-2 is renumbered as Section 12-4-6 and modified as
follows (with deletions shown with strikeouts and additions shown with double underlinin!!):
Section 12-4::67-2 Violations - chapter 12-4: Denaltv
~Any violation of chapter 12-4 shall be a civil traffic violation.
B. Anv nerson found resnonsible for violatina anv nrovision of chanter 12-4 shall
be fined not less than $50 or more than $250 for each violation. Upon a finding
that an owner or operator is responsible for a violation of this ohaptor, the
Court shall impose a oivil sanation of not less than $50 or greater than $260,
whioh shall not be suspended, shall be imposed on any person found respon
sible for a violation of (;cotion 12 1 2.
SECTION 5. Existing Section 12-7-4 is renumbered as Section 12-6-2 and modified as
follows (with deletions shown with strikeouts and additions shown with double underlinin!!):
Section 12-H7-4 Violations - ef-chapter 12-6' Denallv
A. Anv violation of chanter 12-6 shall be a civil traffic violation.
a. Any person found resnonsible for violatina anv nrovision in violation of chap-
ter 12-6 shall be found guilty of a oi'.'il infmotion and be required to pay a
minimum fine of $50 which shall not oannot be suspended except pursuant to
section 12-7-4~.
G...B-:- The penalties provided in this section for a violation of section 12-6-1 (A)
may be waived if the aA-Offender presents suitable proof that an approved
helmet has been purchased or otherwise obtained since the time of the viola-
tion and that the minor uses or intends to use the helmet whenever required to
do so by this sootion.
SECTION 6. In addition to the other modifications to Chapter 12-7 set forth in Sec-
tions 3, 4 and 5 of this Ordinance, Chapter 12-7 is further modified by revising its title from
"PENALTIES" to "OTHER PENALTIES," deleting Section 12-7-3 and Section 12-7-5 (the sub-
ject matter of which are contained in the modifications addressed in Sections 1 and 2, respec-
tively, of this Ordinance), and renumbering existing Section 12-7-6 as Section 12-7-1 and modi-
fying it as follows (with deletions shown with strikeoHts and additions shown with double under-
linin!!):
Section 12-7-16 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 title 6e6-
tieA--or under state law.
B. 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 oth-
erwise designated in this title seation or under state law.
SECTION 7. 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 8. If any section, subsection, sentence, clause, phrase or portion of this Ordi-
nance 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.
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SECTION 9. This Ordinance shall become effective on the 7'h 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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CHAPTER 12-1
CHAPTER 12-2
CHAPTER 12-3
CHAPTER 12-4
CHAPTER 12-5
CHAPTER 12-6
CHAPTER 12-7
{OOO01986.DOCI}
ADMINISTRATION ........................................................... .................... .................. 1
TRAF FIC CONTROL.............................................................................................. 1
P ARKI NG ...................... ......................................................... ...... ........................... 6
OFF-ROAD MOTOR VEHICLE USE .................................................................... 11
IMPOUNDMENT OF VEHICLES .......................................................................... 13
BICYCLE HELMETS FOR MINORS .................................................................... 15
OTHER PENALTIES; ENFORCEMENT ..............................................................16
or barrier is closed, or is in the process of opening or closing, to any
degree.
C. As used in this section, the term "railroad grade crossing" shall be
defined as follows. Where railroad crossing gates exist, the "railroad
grade crossing" shall be that area between the two gates, whether
the gates are raised or lowered. Where no railroad crossing gates
exist, the "railroad grade crossing" shall be that area within ten feet
of the railroad tracks, on each side of the tracks.
Section 12-2-14 Violations - chapter 12-2; penalty
A. Any violation of chapter 12-2 shall be a civil traffic violation except
for an excessive speed violation punishable as a class 3
misdemeanor under A.R.S. 9701.02 or a violation of
section 12-2-13 punishable as a class 1 misdemeanor under
paragraph C of this section.
B. Any person found responsible for a civil violation of chapter 12-2
shall be fined not less than $50 or more than $250 for each
violation.
C. A person convicted of violating section 12-2-13 is guilty of a class 1
misdemeanor and shall pay the following mandatory penalty, which
shall not be suspended:
1. Any violation of section 12-2-13(A) shall require a minimum fine
of $250.
2. Any violation of section 12-2-13(B) shall require a minimum fine
of $500.
3. Any violation of section 12-2-13(A) or (B) that results in injury to
any person or damage to any property shall require a minimum
fine of $1 ,000.
4. 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.
Chapter 12-3 PARKING
Section 12-3-1 Definitions.
The following definitions shall apply throughout this chapter:
A. "Handicap parking space" means any specially designated and
marked parking space provided in accordance with section 12-3-6
for physically disabled persons.
B. "Parking" means the standing of a vehicle, whether occupied or not.
Parking does not include a temporary stop for the purpose of and
while actually engaged in loading or unloading.
C. "Right-of-way" means the entire width between boundary lines of
every way set apart for public travel when any part of it is open to
the use of the public for purposes of vehicular travel.
D. "Sale" means any transfer of title or possession or both, for
consideration. Sale includes any exchange, or barter, conditional or
MARANA TOWN CODE
{OOOO1986.DOC /}
12-6
Section 12-2-14 was added by Ordinance
No.2006.XX
Chapter 12-3 was substantially rewritten by
Ordinance No. 2006.XX. See Ordinance
No. 94.12 for prior history.
Section 12-3-1 was added by Ordinance
NO.2006.XX
7/7/2006
otherwise, in any manner or by any means whatsoever, including
consignment transaction and auctions of property.
E. "Vehicle" means every device by which any person or property is or
may be transported or drawn on a street or highway.
Section 12-3-2 Method of parking
A. Except as otherwise authorized by posted regulatory signs, every
vehicle stopped or parked upon a roadway where there are
adjacent curbs shall be stopped or parked with the right hand
wheels of the vehicle parallel to and within 18 inches of the right
hand curb.
B. Where authorized by posted regulatory signs, vehicles may be
parked with the left-hand wheels adjacent to and within eighteen
inches of the left-hand curb of a one-way roadway.
C. Where authorized by posted regulatory signs, angle parking is
permitted on any roadway. This paragraph shall not apply on any
federal aid highway or state highway unless the director of the
Arizona department of transportation has determined by resolution
or order that the roadway is of sufficient width to permit angle
parking without interfering with the free movement of traffic.
Section 12-3-3 Blocking traffic
A. It shall be a civil infraction for any person to stop, stand or park any
motor vehicle or other vehicle on the paved or main traveled part of
a public roadway so as to leave available less than ten feet of the
width of the public roadway for the free movement of vehicular
traffic.
B. On a public roadway with yellow centerline markings, it shall be a
civil infraction for any person to stop, stand or park any motor
vehicle or other vehicle on the paved or main traveled part of a
public roadway so as to leave available less than ten feet of the
width of roadway between the yellow centerline markings and the
curb on the same side of the centerline markings as the parked
vehicle for the free movement of vehicular traffic.
C. It shall be a civil infraction for any person to stop, stand or park any
motor vehicle or other vehicle on the paved or main traveled part of
a public roadway outside of a business or residence district unless
the vehicle is clearly visible from a distance of 200 feet in each
direction on the roadway.
D. This section does not apply to:
1. The driver of a vehicle that is stopped temporarily when loading
or unloading passengers or in the observance of traffic signs or
police officer instructions.
2. The driver of a vehicle that is disabled while on the paved or
main traveled portion of a highway in a manner and to an extent
that it is impossible to avoid stopping and temporarily leaving the
disabled vehicle in that position.
3. A vehicle or the driver of a vehicle engaged in the official delivery
of the United States mail that stops on the right-hand side of the
MARANA TOWN CODE
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12-7
Section 12-3-2 was renumbered by Ordinance
No.2006.XX, which revised paragraph A and
added paragraphs Band C
Ordinance No. 2006.XX renumbered and
substantially revised Section 12-3-3. For prior
history, see Ordinance Nos. 96.17 and 2005.22
7/7/2006
highway for the purpose of picking up or delivering mail if the
following conditions are met:
a. A clear view of the vehicle is available from a distance of 300
feet in each direction on the roadway or a flashing amber light
at least four inches in diameter with the letters "stop" printed
on the light is attached to the rear of the vehicle.
b. The vehicle has a uniform sign that:
i. Is at least fourteen inches in diameter.
ii. Is approved by the Arizona department of transportation.
iii. Has the words "U.S. Mail" printed on the sign.
iv. Is attached to the rear of the vehicle.
Section 12-3-4 Stopping, standing or parking prohibitions
Except if necessary to avoid conflict with other traffic or if in
compliance with law or the directions of a police officer or traffic control
device, it shall be a civil infraction for any person to stop, stand or park
a vehicle in any of the following places:
A. On a sidewalk.
B. In front of a public or private driveway, except that this paragraph
does not apply to a vehicle or the driver of a vehicle in the following
situations:
1. When loading or unloading materials in a way that does not block
the driveway to the free movement of vehicular traffic.
2. When engaged in the official delivery of the United States mail if
both of the following apply:
a. The driver does not leave the vehicle.
b. The vehicle is stopped only momentarily.
C. Within an intersection.
D. Within fifteen feet of a fire hydrant.
E. On or within 20 feet of a crosswalk.
F. Within 30 feet on the approach to any flashing beacon, stop sign,
yield sign or traffic control signal located at the side of a roadway.
G. Between a safety zone and the adjacent curb or within 30 feet of
points on the curb immediately opposite the ends of a safety zone,
unless otherwise authorized by posted regulatory signs.
H. Within 50 feet of the nearest rail or a railroad crossing or within
eight feet six inches of the center of any railroad track, except while
a motor vehicle with motive power attached is loading or unloading
railroad cars.
I. Within 20 feet of the driveway entrance to a fire station.
J. Alongside or opposite a street excavation or obstruction when
stopping, standing or parking would obstruct traffic.
K. On the roadway side of a vehicle stopped or parked at the edge or
curb of a street.
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12-8
Section 12-3-4 was added by Ordinance
No.2006.XX
7/7/2006
L. On a bridge or other elevated structure on a public road or within a
tunnel.
M. At any place where official signs prohibit standing or stopping.
N. On a controlled access highway except for emergency reasons or
except in areas specifically designated for parking such as rest
areas.
O. Within an alley except when loading or unloading materials in a way
that does not block the alley to the free movement of vehicular
traffic.
P. Within 50 feet of a public transit bus stop.
Section 12-3-5 Authority to erect signs restricting parking
The town engineer 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 authorized by this
section shall become effective until signs have been erected. Signs
need not be erected before enforcement of parking restrictions
adopted by other sections of this chapter. It shall be a civil infraction for
any person to stop or park a vehicle in disobedience to the parking
restrictions.
Section 12-3-6 Stopping, standing or parking in handicap
parking space
A. Except as provided in subsection D of this section, no person may
stop, stand or park a motor vehicle within a handicap parking space
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 chapter governing the standing or parking of a vehicle, the
person in whose name the vehicle is registered shall be prima facie
responsible for the violation and subject to the penalty for it.
C. If a law enforcement officer employed by the town finds a motor
vehicle in violation of this section, the officer shall issue a complaint
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 a handicap parking space for the purpose of loading
or unloading the physically disabled person. No complaint shall be
issued to the driver for that momentary parking.
E. Handicap parking spaces shall be designated on privately owned
property as provided by the town land development code. Each
handicap parking space shall be prominently outlined with paint and
posted with a permanent sign located not less than three feet or
MARANA TOWN CODE 12-9
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Ordinance NO.2006.XX renumbered and
revised section 12-3-5
Ordinance No.2006.XX renumbered and
slightly revised section 12-3-5
7/7/2006
more than six feet above the grade and of a color and design
approved by the Arizona department of transportation bearing the
internationally accepted wheelchair symbol and the caption
"reserved parking". The designation of handicap parking spaces as
provided in this chapter or as required pursuant to the town land
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 the property to the enforcement of this section, and
the owner or person in possession shall be deemed to have
consented by that designation.
F. The chief of police is authorized to institute a volunteer handicap
parking enforcement specialist program in which special volunteers
are authorized to issue citations only to persons who violate this
section.
Section 12-3-7 Law enforcement exception
The stopping, standing or parking restrictions provided in this chapter
do not apply to a police or peace officer when the stopping, standing or
parking is for the purpose of actual performance of a law enforcement
duty.
Section 12-3-8 Unarmed police parking enforcement aides
The police department may employ unarmed police parking
enforcement aides empowered to commence an action or proceeding
before a court or judge for any violation of vehicle standing or parking
regulations. The authority of the unarmed police parking enforcement
aide shall be strictly limited to the enforcement of vehicle standing or
parking regulations. They are not granted any other powers or benefits
to which peace officers of the town are entitled.
Section 12-3-9 Parking within right-of-way to display vehicle or
goods for sale
It shall be a civil infraction to park a vehicle within any Town of Marana
right-of-way for the purpose of:
A. Displaying the vehicle for sale; or
B. Displaying advertising; or
C. Displaying goods for sale.
Section 12-3-10 Parking on public land to display vehicle for sale
It shall be a civil infraction to park a vehicle upon land owned by the
town or by any other government agency for the purpose of displaying
the vehicle for sale.
Section 12-3-11 Presumption of liability
A. The display of any signs or other markings indicating that a vehicle
is for sale shall be prima facie evidence that the vehicle has been
parked for the purpose of sale.
B. Whenever a vehicle is parked in violation of this chapter, the
registered owner of the vehicle and the person who parked the
vehicle where the violation occurred are jointly and severally
responsible for the violation.
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12-10
Section 12-3-7 was added by Ordinance
No.2006.XX
Ordinance NO.2006.XX renumbered and
slightly revised section 12-3-8
Section 12-3-9 was added by Ordinance
NO.2006.XX
Section 12-3-10 was added by Ordinance
NO.2006.XX
Section 12-3-11 was added by Ordinance
NO.2006.XX
7/7/2006
Section 12-3-12 Truck, trailer and recreational vehicle parking
restrictions
A. Commercial trucks shall not be parked on a public street from
6:00 p.m. to 6:00 a.m.
B. The following shall not be parked on a public street for more than
24 consecutive hours:
1. Vehicles with a trailer attached.
2. Trailers unattached from vehicles.
3. Recreational vehicles 20 feet or more in length.
C. Oversized vehicles shall not be parked on a public street at any
time.
Section 12-3-13 Violations - chapter 12-3; penalty
A. Any violation of chapter 12-3 shall be a civil traffic violation.
B. Any person found responsible for violating any provision of
chapter 12-3 shall be fined not less than $50 or more than $250 for
each violation.
Chapter 12-4 OFF-ROAD MOTOR VEHICLE USE
Section 12-4-1 Definitions
In this chapter, unless the context otherwise requires:
A. "Off-road recreational vehicle" means two-, three- and four-wheel
motor vehicles manufactured or converted for recreational non
highway all terrain travel.
B. "Operate" means driving or having actual physical control over the
vehicle or off-road recreational vehicle.
C. "Private lands" or "privately owned" lands means any land other
than public lands.
D. "Public lands" or "publicly owned" lands means any land owned by
any government entity or agency, including federal, state and local
governments.
E. "Vehicle" means any motor vehicle other than an off-road
recreational vehicle.
F. "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, and its adjoining
floodplain terraces.
Section 12-4-2 Prohibited uses
A. No person shall operate an off-road recreational vehicle:
1. Upon any portion of any publicly owned wash or riverbed within
the town except to cross the wash or riverbed 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
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12-11
Section 12-3-12 was added by Ordinance
No.2006.XX
See A.R.S. S 281103 for an explanation of
"oversized vehicles"
Section 12-3-13 was moved here from
chapter 12-7 and modified by Ordinance
No.2006.XX
Ordinance No. 2003.09 modified the title of
chapter 12-4 from "Off-road recreational
motor vehicles"
Section 12-4-1 was rewritten by Ordinance
No. 2003.09
Ordinance No. 2003.09 added
subparagraph (A)(8) and paragraph Band
made other minor revisions to section 12-4-2
7/7/2006
Section 12-4-3 Identification and proof of ownership
A. All operators of off-road recreational vehicles shall carry proof of
ownership, or a rental agreement and a driver's license while
operating off-road recreational vehicles and shall show those
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 uses
The provisions of this chapter shall not apply to a vehicle or an off-road
recreational vehicle being used for:
A. Ranching or agricultural purposes;
B. Grading, construction or building trade purposes;
C. Mining purposes;
D. Licensed off-road business operations such as land surveying,
public utility companies, sand and gravel operations and other
similar enterprises;
E. Authorized emergency vehicle including towing services;
F. Governmental purposes by a government employee;
G. Golf carts on golf courses.
Section 12-4-5 Exempt locations
The provisions of this chapter shall not apply:
A. To vehicle or off-road recreational vehicle operators on their own
property, except when creating dust emissions as set forth in
section 12-4-2(A)(3) or section 12-4-2(B)(3).
B. 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 the roadway.
Section 12-4-6 Violations - chapter 12-4; penalty
A. Any violation of chapter 12-4 shall be a civil traffic violation.
B. Any person found responsible for violating any provision of
chapter 12-4 shall be fined not less than $50 or more than $250 for
each violation.
Chapter 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:
MARANA TOWN CODE
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12-13
Ordinance No. 2003.09 amended the
introductory paragraph of section 12-4-1 to
add "or an off-road recreational vehicle"
Ordinance No. 2003.09 amended
paragraph A to add "or section 12-4-2(8)(3)"
Section 12-4-6 was moved here from
chapter 12-7 and modified by Ordinance
No.2006.XX
7/7/2006
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. If
the vehicle is stored on town property, the storage fee payable to
the town shall be $25 plus $10 per day or any fraction of a day the
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
the vehicle of any other penalty which may be imposed for any
violation of town ordinances, this code, state or federal laws.
B. If forfeiture proceedings are initiated and later discontinued, the
vehicle will be released to the vehicle owner upon payment of the
towing and storage fees as set forth in subsection A of this section.
C. If 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 the 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 the
charges and costs 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 chapter.
Chapter 12-6 BICYCLE HELMETS FOR MINORS
Section 12-6-1 Requirements for helmet use
A. General: no person under 18 years of age shall ride a bicycle or be
a passenger on a bicycle, ride in a restraining seat attached to a
bicycle, or ride in a device towed by a bicycle without wearing a
helmet which meets the current standards of the American National
Standards Institute for protective headgear.
B. Bicycle renters and sellers: it shall be unlawful for any person to rent
or lease any bicycle to or for the use of a person under the age of
18 years unless:
1. The person is in possession of a protective helmet meeting the
standards set out in section 12-6-1 (A) at the time of the rental or
lease; or
2. The rental or lease includes a protective bicycle helmet meeting
the standards set out in section 12-6-1 (A) and the person agrees
to wear the helmet at all times while operating or riding as a
passenger on the bicycle.
C. Written explanation of provisions: a person regularly engaged in the
business of selling bicycles shall provide any purchaser of a bicycle
with a written explanation of the provisions set forth in section
12-6-1 (A).
Section 12-6-2 Violations - chapter 12-6; penalty
A. Any violation of chapter 12-6 shall be a civil traffic violation.
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12-15
Chapter 12-6 was adopted by Ordinance
No. 96.33, which renumbered chapter 12-7 to
conform
Section 12-6-2 was moved here from
chapter 12-7 and modified by Ordinance
NO.2006.XX
7/7/2006
B. Any person found responsible for violating any provIsIon of
chapter 12-6 shall pay a minimum fine of $50 which shall not be
suspended except pursuant to section 12-7-4(C).
C. The penalties provided in this section for a violation of section
12-6-1 (A) may be waived if the 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.
Chapter 12-7 OTHER PENALTIES
Section 12-7-1 Other violations
A. It is a civil traffic violation for any person to do any act forbidden or
fail to perform any act required by this title, unless otherwise
designated in this title or under state law.
B. 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 title or under state
law.
MARANA TOWN CODE
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12-16
Ordinance No.2006.XX renumbered, moved
and modified various provisions previously
found in chapter 12-7, and revised its heading
Ordinance NO.2006.XX renumbered
section 12-7-1 and slightly revised
paragraphs A and B
7 f7 /2006