HomeMy WebLinkAbout06/21/2005 Blue Sheet Re-formatting the Town Code
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: June 21, 2005
AGENDA ITEM:
IX. B. 4
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Direction/Action: Presentation on thc proposed re-adoption and
re-formatting of the Town Code
DISCUSSION
Thc Lcgal Department and the Town Clerk have been working together to modernize and stan-
dardize the format of the Town Code. Attached are the first two titles of tlle Town Code in the
proposed new lormat. Among other things, this proposed re-codification:
1. Modernizes the appearance of the Code.
2. Changes the Code from a "chapter/article/section" to a "title/chapter/section" format.
3. Standardizes the paragraph and numbering styles.
4. Standardizes the capitalization of various terms, including Town, Mayor, Vice Mayor,
Manager, Town Council and other names of officials of the Town.
5. Standardizes reference to numbers so that all numbers from onc to tcn arc spcllcd out and
numbers II and abovc arc writtcn as numerals. Exceptions are when numbers appear at
the beginning of a sentence or are part of an official reference (such as "class I misde-
meanorl~).
6. Standardizes references to dollar amounts as "$20" instead of "Twenty Dollars ($20.00)."
7. Standardizes references to percentages as "25%" instead of "twenty-lIve percent (25%)."
8. Standardizes references to "12 p.m." and "12 a.m." to "noon" and "midnight" respec-
tively.
9. Standardizes references to the Arizona Revised Statutes so that a reference to Title 9,
Section 471 of the Arizona Revised Statutes would be shown as "A.R.S. 9 9-471" and
corrccts outdatcd statutory references.
10. Adds the word "years" after references to age (for example, "age of 16 years" instead of
just "age of 16").
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II. Corrects typographical and grammatical errors.
12. Standardizes single/plural references such as "owncr(s)" to either the singular ur plural
version (as may be appropriate in the circumstance).
13. Eliminates legalistic and archaic language; for example "throughout the pendency of the
appeal" is rcvised to "while the appeal is pending" and "in the event that" is reviscd to
"if."
14. Standardizes references tu time as "8:00 a.m."
15. Adds section names tu parts of the code that do not have them and rcorganizes the sec-
tions for consistency with the remainder of the Town Code (this particularly applies to
Title 15, Airport).
If the two sample titles of the reformatted Town Code meet with Council approval, staft pro-
poses to bring the entire reformatted Town Code to the Cuuncil for formal adoption in August.
Staftwill then present proposed substantiw changes to the Town Code for separate approval by
the Council.
RECOMMENDA nON
Any amendment to the Town Code requires adoption by ordinance. If Council directs staff to
proceed with the proposed changes, staft will bring an ordinance before Council at another meet-
ing for approval.
A TT ACHMENT(S)
Title 1 (General) and Title 2 (Administration) of the proposed reformatted Town Code.
SUGGESTED MOTTON
I move to authorize Town staff to proceed with the preparation ofthe reformatted Town Code as
prescntcd.
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OFFICIAL CODE OF THE
TOWN OF MARANA,
ARIZONA
This is the official codification of the ordinances of the Town
of Marana with revisions through Ordinance No. 2005.XX,
adopted on August 2, 2005.
MARANA TOWN CODE
TITLE 1. GENERAL
TITLE 2. MAYOR AND COUNCIL
TITLE 3. ADMINISTRATION
TITLE 7. BUILDING
TITLE 8. TRANSACTION PRIVILEGE TAX
TITLE 9. BUSINESS REGULATIONS
TITLE 10. HEALTH AND SANITATION
TITLE 11. OFFENSES
TITLE 13. PARKS & RECREATION
TITLE 14. WATER
TITLE 15. MARANA REGIONAL AIRPORT*
CHAPTER 1-1
CHAPTER 1-2
CHAPTER 1-3
CHAPTER 1-4
CHAPTER 1.5
CHAPTER 1-6
CHAPTER 1.7
CHAPTER 1-8
HOW CODE DESIGNATED AND CITED .....................................1-1
CONSTRUCTION OF ORDINANCES ..........................................1.1
DEFI NITIONS ........................... .................................................... 1-1
REFERENCE TO CODE; CONFLICTING PROVISIONS............. 1.3
SECTION HEADINGS ..................................................................1-3
EFFECT OF REPEAL...................................................................1.3
SEVERABILITY OF PARTS OF THE CODE................................ 1-4
PENALTY .....................................................................................1.4
TITLE 1. GENERAL
Title 1 was adopted by Ordinance
No. 95_31
Chapter 1-1 HOW CODE DESIGNATED AND CITED
The ordinances embraced in the following Titles and Sections shall
constitute and be designated "The Code of the Town of Marana, Ari-
zona," and may be so cited. Such code may also be cited as the "Ma-
rane Town Code."
Chapter 1-2 CONSTRUCTION OF ORDINANCES
The rules and the definitions set forth in this Title shall be observed in
the construction of this code and the ordinances of the Town unless
such construction would be inconsistent with either the manifest intent
of the Council. the context of this code or the ordinances of the Town.
Chapter 1-3 DEFINITIONS
Section 1-3-1 General Rule Regarding Definitions
All words and phrases shall be construed and understood according to
the common and approved use of the ianguage, but technical words
and phrases and such others as may have acquired a peculiar and
appropriate meaning in the law shall be construed and understood ac-
cording to such peculiar and appropriate meaning.
Section 1-3-2 Definitions
A. Acts bv aoents. When an act is required to be done which may by
law as well be done by an agent as by the principal, such requirements
shall be construed to include all such acts when done by an authorized
agent.
B. Code. When the word "code" is used, it shall mean the Town Code
of the Town of Maraoa, Arizona unless the context indicates otherwise.
C. Council. When the word "Council" is used, it shall mean the Town
Council of the Town of Marana.
D. Countv. When the word "county" is used, it shall mean Pima
County, Arizona unless the context clearly indicates otherwise.
E. Dav. "Day" is the period of time between any midnight and the
midnight following.
F. Daytime: niahttime. "Daytime" is the period of time between sun-
rise and sunset. "Nighttime" is the period of time between sunset and
sunrise.
G. Deoartment: board" commission: office: officer: employee. When-
ever any "department, board, commission, office, officer or employee"
is referred to, it shall mean a department, board, commission, office,
officer or employee of the Town of Marana unless the context requires
othelWise.
H. Gender: sinqular and olural. Words of the masculine gender in-
clude the feminine, words in the singular include the plural and words
in the plural include the singular.
I. Joint authorilv. All words purporting to give a joint authority to three
or more Town officers or other persons shall be construed as giving
MARANA TOWN CODE
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such authority to a majority of such officers or other persons unless it
shall be otherwise expressly declared in the law giving the authority.
J. Mavor. "Mayor" means the Mayor of the Town of Marana unless
otherwise specifically designated.
K. Month, "Month" means a calendar month.
L. Oath. "Oath" includes an affirmation in all cases in which, by law,
an affirmation may be substituted for an oath and in such cases the
words "swear" and "sworn" shall be equivalent to the words "affirm"
and "affirmed".
M. Owner. The word "owner" applied to a building or land shall in-
clude any part owner, joint owner, tenant in common, joint tenant or
lessee of the whole or of part of such building or land.
N. Person. The word "person" includes a corporation, company, part-
nership, association or society as well as a natural person.
0, Personal Drooertv. The term "personal property" includes every
species of property, except real property as defined in this Section.
P. Precedina: followina. The words "preceding" and "following" mean
next before and next after, respectively.
Q. Propertv. The term "property" includes lands, tenements and he-
reditament and personal property.
R. Real property, The term "real property" inciudes lands, tenements
and hereditament.
S, Shall: mav. "Shall" is mandatory and "may" is permissive.
T. Shall have been. The words "shall have been" include past and
present and future cases.
u. Sianature or subscriotion bv mark. "Signature" or "subscription" in-
cludes a mark when the signer or subscriber cannot write, such
signer's or subscriber's name being written near the mark by a witness
who writes his or her own name near the signer's or subscriber's
name, but a signature or subscription by mark can be acknowledged or
can serve as a signature or subscription to a sworn statement only
when two witnesses so sign their own names thereto.
V. Tenses. The present tense includes the past and future tenses,
and the future includes the present.
W. Time: comoutation. The time within which an act is to be done as
provided in this code or in any order issued pursuant to any ordinance,
when expressed in days, shall be computed by excluding the first day
and including the last. except that if the last day is a Saturday, Sunday
or holiday it shall be excluded, and when such time is expressed in
hours, the whole of Saturday, Sunday or a holiday, from midnight to
midnight, shall be excluded.
X. Time: reasonable. In all cases where any Section of this code shall
require any act to be done in a reasonable time or reasonable notice to
be given, such reasonable time or notice shall be deemed to mean
such time only as may be necessary for the prompt performance of
such duty or compliance with such notice.
MARANA TOWN CODE
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Y. Town. When the word "Town" is used, it shall mean the Town of
Marana, Pima County, Arizona, except as otherwise provided. The
words "in the Town" or "within the Town" shall mean and include all
territory over which the Town has jurisdiction for the exercise of its po-
lice powers or other regulatory powers as authorized by statute.
Z. Week. A week consists of seven consecutive days.
AA. Writina. The term "writing" means any form of recorded message
capable of comprehension by ordinary visual means. Whenever any
notice, report, statement or record is required or authorized by this
code. it shall be made in writing in the English language unless ex-
pressly provided otherwise.
88. Year. "Year" means a calendar year unless otherwise provided.
Chapter 1-4 REFERENCE TO CODE; CONFLICTING
PROVISIONS
Section 1-4-1
Additional Rules of Construction
In addition to the rules of construction specified in Chapter 1 2 and
Chapter 1 3, the rules set forth in this Chapter shall be observed in the
construction ofthis code.
Section 1-4-2
References to this Code
All references to Titles, Chapters or Sections are to the Titles, Chap-
ters and Sections of this code unless otherwise specified.
Section 1-4-3 Conflicting Provisions - Different Titles
If the provisions of different Titles of this code conflict with or contra-
vene each other, the provisions of each Title shall prevail as to all mat-
ters and questions growing out of the subject matter of such Title.
Section 1.4-4 Conflicting provisions - Same Title
If conflicting provisions are found in different Sections of the same Ti-
tle, the provisions of the Section which is last in numerical order shall
prevail unless such construction is inconsistent with the meaning of
such Title.
Chapter 1-5 SECTION HEADINGS
Headings of the several Sections of this code are intended as a con-
venience to indicate the contents of the Section and do not constitute
part of the law.
Chapter 1-6 EFFECT OF REPEAL
When any ordinance repealing a former ordinance, clause or provision
shall be itself repealed, such repeal shall not be construed to revive
such former ordinance, clause or provision, unless it shall be expressly
so provided. The repeal of an ordinance shall not affect any punish-
ment or penalty incurred before the repeal took effect nor any suit,
prosecution or proceeding pending at the time of the repeal, for any
offense committed under the ordinance repealed.
MARANA TOWN COOE
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Chapter 1.7 SEVERABILITY OF PARTS OF THE CODE
It Is hereby declared to be the intention of the Council that the Sec-
tions, paragraphs, sentences, clauses and phrases of this code shall
be severable, and if any provision of this code is held unconstitutional
for any reason by a court of competent jurisdiction, such unconstitu-
tionality shall not affect any of the remaining provisions of the code.
Chapter 1.8 PENALTY
Section 1..8.1 General Violations
Except as otherwise provided in this code, any person found guiity of
violating any provision of this code shall be guilty of a class 1 misde-
meanor. Each day that a violation continues shall be a separate of-
fense.
Section 1-8-2
Traffic Violations
Any violation of or failure or refusal to do or perform any act required
by Title 12 of this code or Title 28, Arizona Revised Statutes consti-
tutes a civil traffic violation. Civil traffic violations are subject to the pro-
visions of Title 28, Title 6, Chapters 20 and 21, Arizona Revised Stat-
utes and amendments thereto.
MARANA TOWN CODE
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CHAPTER 2-1
CHAPTER 2-2
CHAPTER 2-3
CHAPTER 2-4
CHAPTER 2-5
CHAPTER 2-6
CHAPTER 2-7
CHAPTER 2-8
CHAPTER 2-9
CHAPTER 2-10
COUNCiL......................................................................................2-1
COUNCIL ELECTION ................................................................... 2-2
MAYOR AND VICE MAYOR ........................................................2-5
COUNCIL PROCEDURE .............................................................. 2-6
ORDINANCES, RESOLUTIONS AND CONTRACTS ................2-14
STANDING BOARDS, COMMITTEES AND COMMISSIONS....2-16
SPECIAL COMMITTEES ............................................................ 2-16
PLANNING AND ZONING COMMISSION .................................2-16
BOARD OF ADJUSTMENT........................................................2-18
INDEMNIFICATION OF OFFICERS AND EMPLOYEES ...........2-19
TITLE 2. MAYOR AND COUNCIL
Chapter 2-1 COUNCIL
Section 2-1-1 Elected officers
The elected officers of the Town shall be a Mayor and six Council
members. The Mayor and Council members shall constitute the Coun-
cil and shall continue in office until assumption of duties of office by
their duly elected successors. The Mayor and Council members shall
serve four-year overlapping terms.
Section 2-1-2 Corporate powers
The corporate powers of the Town shall be vested in the Council and
shall be exercised only as directed or authorized by law. All powers of
the Council shall be exercised by ordinance, resolution, order or mo~
tion.
Section 2.1.3
Duties of office
Members of the Council shall assume the duties of office immediately
upon being sworn in, which shall occur within 20 days following the
date of the general election.
Section 2-1-4 Vacancies
A. The Council shall fill by appointment for the unexpired term any
vacancy on the Council that may occur for whatever reason, by the
following procedure:
1. Whenever a vacancy on the Town Council occurs, the Town
Clerk shall advertise, post, and give public notice of the vacancy and
availability of a seat on the Town Council.
2. Those interested in filling the vacancy shall submit to the Town
Clerk an application, resume, and other support materials as desired,
and the Town Clerk shall distribute all such materials to all remaining
Council members.
3. Thereafter. the Council will fill the vacant seat by a majority vote.
The vote will not be by nomination and election, rather it will be con-
ducted by making a motion to appoint a certain individual to the va-
cant Council seat to fulfill the remaining term, and if the motion fails
for lack of a second or majority vote there may thereafter be a sub-
sequent motion for a different or the same individual. The Council
may continue making motions until a motion to appoint an applicant
to the vacant seat is successfully passed by a majority of the Council.
B. In the event of a vacancy in the Mayor's position, the Council shall
elect one Council member willing to serve as Mayor, who shall resign
his or her Council seat and become the Mayor as provided hereinafter.
1. In the event the vacancy in the Mayor's position occurs more
than 18 months following the commencement of the terms, the ap-
pointed Mayor shall complete the elected Mayor's term.
2. In the event the vacancy in the Mayor's position occurs within
18 months following the commencement of the term. then the Town
shall schedule a special election for Mayor to occur at the next pri-
mary and general elections of the Town, calling for the election of a
-
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2-1
Title 2 was adopted by Ordinance
No. 96.13
Section 2-1-1 was amended by Or-
dinance No. 99. 11, providing for
direct ejection of the Mayor.
Section 2-1-3 was amended by
Ordinance No. 99. 11.
Section 2-1-4 was amended by
Ordinance No. 99.11 and Ordi-
nance No. 99.27.
6115/200511:36AM
Mayor to complete the remaining two years of the term. The ap-
pointed Mayor shall serve until the newly elected Mayor takes office
to complete the remaining two year Mayoral term.
Section 2.1-5 Oath of office
Immediately prior to assumption of the duties of office, the Mayor and
each Council member shall take and subscribe to the oath of office.
Section 2-1-6
Bond
Prior to taking office, the Mayor and every Council member shall exe-
cute and file an official bond, enforceable against the principal and
their sureties, conditioned on the due and faithful performance of their
official duties, payable to the state and to and for the use and benefit of
the Town or any person who may be injured or aggrieved by the
wrongful act or default of such officer in such officer's official capacity.
A person so injured or aggrieved may bring suit on such bond under
provisions identical to those contained in A.R.S. 9 38 260. Bonds shall
be in such sum as shall be provided by resolution, and the premium for
such bonds shall be paid by the Town. Nothing in this Section shall
preclude the Town from obtaining a blanket bond pursuant to the pro-
visions of A.R.S. 99302.
Section 2-1-7 Financial disclosure statement
Each member of the Council shall file a financial disclosure statement
in a form and with such infonnation as provided by resolution of the
Council.
Section 2-1-8 Compensation
The compensation of elective officers of the Town shall be fixed from
time to time by resolution of the Council.
Chapter 2.2 COUNCIL ELECTION
Section 2.2.1 Primary election
Any candidate who shall receive at the primary election a majority of all
the votes cast shall be declared to be elected to the office for which he
or she is a candidate effective as of the date of the general election,
and no further election shall be held as to said candidate, provided that
if more candidates receive a majority of the votes than there are offices
to be filled, then those equal in number to the offices to be filled receiv-
ing the highest number of votes shall be declared elected.
Section 2-2-2 Non-political ballot
Nothing on the ballot in any election shall be indicative of the support
or political party affiliation of any candidate.
Section 2-2-3 General election nomination
If at any primary election held as above provided there is any office for
which no candidate is elected, then as to such office said election shall
be considered to be a primary election for nomination of candidates for
such office, and the second or general municipal election shall be held
to vote for candidates to fill such office. Candidates to be placed on the
ballot at such second or general municipal election shall be those not
elected at such first election, shall be equal in number to twice the
number to be elected to any given office or less than that number if
MARANA TOWN CODE 2-2
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Section 2-1-5 was amended by
Ordinance No. 99.27.
Section 2-1-8 was amended by
Ordinance No. 2002.23 (see also
Resolution No. 2002~111).
61151200511:36AM
there be less than that number named on the primary election ballot,
and persons who receive the highest number of votes for the respec-
tive offices at such first election shall be the only candidates at such
second election, provided that if there be any person who, under the
provisions of this Section, would have been entitled to become a can-
didate for any office except for the fact that some other candidate re-
ceived an equal number of votes therefor, then all such persons re-
ceiving an equal number of votes shall likewise become candidates for
such office.
Section 2-2-4
Election to office
The candidates equal in number to the persons to be elected who re-
ceive the highest number of votes shall be declared elected.
Section 2.2.5 Candidate financial disclosure
Each candidate for the office of Council member shall file a financial
disclosure statement on a form prescribed by the Town Clerk when
such candidate files a nomination paper. The statement shall contain
such information as required by state law and resolution of the CounciL
Section 2-2-6 Initiative and referendum
A. There is reserved to the qualified electors of the Town the power
of the initiative and the referendum as prescribed by the State Consti-
tution. Any initiative or referendum matter may be voted on at the next
ensuing primary or general election, or at a special election called by
the Council.
B. Number of Signatures
1. The total number of registered voters qualified to vote at the last
municipal election, whether regular or special, immediately preceding
the date upon which any initiative petition is filed shall be computed.
2. The basis upon which the number of qualified electors of the
Town required to file a referendum petition shall be as determined by
state law.
C. Time of Filing
1. Initiative petitions shall be filed at least 120 days prior to the elec-
tion at which they are to be voted upon.
2. Referendum petitions shall be filed within 30 days of the adoption
of the ordinance or resolution to be referred. If the Town Clerk is un-
able to provide petitioners with a copy of the ordinance or resolution
at the time of application for an official number or on the same busi-
ness day of the application, the 30-day period shall be calculated
from the date such ordinance or resolution is available.
D. The following procedures relating to sample ballots and publicity
pamphlets are hereby adopted for conducting elections at which an
initiative or referendum is to be voted upon:
1. A publicity pamphlet, containing the entire text of the official ballot,
shall be mailed by the Town Clerk to each household within the Town
in which a registered voter resides, not less than eight days prior to the
election to which the sample ballot pertains.
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2-3
Section 2-2-6 was amended
by Ordinance No. 98_ 15,
Ordinance No. 97.26; revised
by Ord. No. 99.27
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