HomeMy WebLinkAboutOrdinance 2010.02 Amending title 5 of the town code relating to civil town code violationsF. ANN RODRIGUEZ, RECORDER DOCKET.: 13720
RECORDED BY: LLW
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PAGES 377
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DEPUTY RECORDER v ~
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NO. OF
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SMARA ,
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TOWN OF MARANA ~'~ ~ ORD IN
ATTN: TOWN CLERK `gRIZO~¢`
11555 W CIVIC CENTER DR MP'II'
MARANA AZ 85653 AMOUNT PAID $ 8.00
MARANA ORDINANCE N0.2010.02
RELATING TO MUNICIPAL COURT; AMENDING TOWN CODE CHAPTER 5-7
ENTITLED "CIVIL TOWN CODE VIOLATIONS"; MODIFYING PROCEDURES FOR
COMMENCEMENT OF ACTION FOR CIVIL VIOLATIONS: OF THE TOWN CODE;
MODIFYING PROCEDURES FOR SERVICE OF CIVIL CODE COMPLAINTS;
MODIFYING PROVISIONS REGARDING CIVIL SANCTIONS FOR CIVIL CODE
VIOLATIONS; MAKING CERTAIN. OTHER CLARIFICATIONS REGARDING JUDGES
WHO MAY HEAR APPEALS AND ORDER ABATEMENT IN-CIVIL CODE VIOLATION
CASES; 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
WHEREAS the Town Council finds that the 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. The amendments to the Marana Town Code Chapter 5-7 entitled "Civil
Town. Code Violations", three copies of which are on file in the office of the Town Clerk of the
Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to
Resolution No. 2010-01 of the Town of Marana, Arizona, are hereby referred to, adopted and
made a part of this Ordinance as if fully set out here.
SECTION 2. The following penalty clauses are contained in Marana Town Code
Chapter 5-7, as amended pursuant to this Ordinance:
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 a code compliance officer may stop and detain a person as
is reasonably necessary to investigate an actual or suspected violation of the
town code, the land development code or a town ordinance 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 a code compliance officer upon request, when the officer has
reasonable cause to believe the person has committed a violation of the town
code, the land development code or a town ordinance, is guilty of a class 1
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.
Marana Ordinance 2010.02
-1-
{00013249.DOC / 9}
,y
Section 5-7-8 Admission or denial of allegations in complaint; hearings;
findings of court; civil sanction; order to abate
[Paragraphs A through E do not include any penalty clauses]
F. A civil sanction imposed pursuant to this chapter shall not exceed $1,000,
unless otherwise designated in this code, the land development code, a town
ordinance or under state law.
G. Each day that a violation continues shall be considered a separate offense.
H. 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 5-7-12 .Failure to obey order to abate violation; penalty
Any person: who fails to obey an order to abate a violation issued by a magistrate
is guilty of a class 1 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 thirty-first day after its
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 5th day of January, 2010.
G~''"J
Mayor Ed Honea
i ~-
'~~ ocelyn ~ ronson, Town Clerk
APPROVED AS TO FORM:
,;.
,~
y, Town
Marana Ordinance 2010.02 - 2 - {00013249.DOC / 9}
R ~~~~ cO4y OFFICIAL RECORDS OF
' ~ ~ 18 75 ~ PINAL COUNTY RECORDER.
~,~ ~ d~+,C LAURA DEAN-LYTLE
DATE/TIME: 01/11/2010 1245
FEE: $12.00
,-~'~ ~, Town of Marana PAGES c 2
~„~.,, Town Clerk'sl7ffice FEE NUMBER: 2010-002299
nt;111~~>~'; 11555 W. Civic Center Drive IIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Marana, AZ 85653
grctZOhr
MARANA ORDINANCE N0.2010.02
RELATING TO MUNICIPAL COURT; AMENDING TOWN CODE CHAPTER 5-7
ENTITLED "CIVIL TOWN CODE VIOLATIONS"; MODIFYING PROCEDURES FOR
COMMENCEMENT OF ACTION FOR CIVIL VIOLATIONS OF THE TOWN CODE;
MODIFYING PROCEDURES FOR SERVICE OF CIVIL CODE COMPLAINTS;
MODIFYING PROVISIONS REGARDING CIVIL SANCTIONS FOR CIVIL CODE
VIOLATIONS; MAKING CERTAIN OTHER CLARIFICATIONS REGARDING JUDGES
WHO MAY HEAR APPEALS AND ORDER ABATEMENT IN CIVIL CODE VIOLATION
CASES; 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
WHEREAS the Town Council finds that the procedures established by this ordinance are
necessary for the public health, safety and general welfare of the Town of Marana.
NC~W, 'IHEI~;FOI'.E, BE aT O?~AINET? E~' TuE i;,lAv~P~ A~"O r'OiJN,r~sl. OF THE:
TOWN OF MARANA, as follows:
SECTION 1. The amendments to the Marana Town Code Chapter 5-7 entitled "Civil
Town Code Violations", three copies of which are. on file in the office of the Town Clerk of the
Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to
Resolution No. 2010-01 of the Town of Marana, Arizona, are hereby referred to, adopted and
made a part of this Ordinance as if fully set out here.
SECTION 2. The following penalty clauses are contained in Marana Town Code
Chapter 5-7, as amended pursuant to this Ordinance:
Section 5-7-4 Authority to detain persons to serve civil code complaint;
~- failure to provide evidenc€ of identity; penalty
A. A peace officer or a code compliance officer may stop and detain a person as
is reasonably necessary to investigate an actual or suspected violation of the
town code, the land development code or a town ordinance 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 a code compliance officer upon request, when the officer has
reasonable cause to believe the person has committed a violation of the town
code, the land development code or a town ordinance, is guilty of a class 1
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.
Marana Ordinance 2010.02 - 1 - {00013249.DOC / 9}
Section 5-7-8 Admission or denial of allegations in complaint; hearings;
findings of court; civil sanction; order to abate
[Paragraphs A through E do not include any penalty clauses]
F. A civil sanction imposed pursuant. to this chapter shall not exceed $1,000,
unless otherwise designated in this code, the land development code, a town
ordinance or under state law.
G. Each day that a violation continues shall be considered a separate offense.
H. 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 5-7-12 Failure to obey order to abate violation; penalty
Any person who fails to obey an order to abate a violation issued by a magistrate
is guilty of a class 1 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 ~. If a:~y section, subsec±ion, sentence, cla»se, phrase or portion ~f 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 thirty-first day after its
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 5th day of January, 2010.
L:~-~~ ~
Mayor Ed Honea
ATTEST:
ocelyn .Bronson, Town Clerk
APPROVED AS TO FORM:
~'" ~ : `
r r
'F ank Cassidy, Town torney
J
Marana Ordinance 2010.02 - 2 - {00013249.DOC / 9}
` MARANA RESOLUTION N0.2010-01
RELATING TO 'MUNICIPAL COURT; DECLARING THE AMENDMENTS TO THE
MARANA TOWN CODE CHAPTER 5 7 ENTITLED "CIVIL TOWN CODE VIOLATIONS",
MODIFYING PROCEDURES FOR COMMENCEMENT OF ,ACTION FOR. CIVIL
.VIOLATIONS OF THE TOWN CODE,` MODIFYING PROCEDURES FOR SERVICE OF
CIVIL.. CODE COMPLAINTS, MODIFYING PROVISIONS REGARDING CIVIL
SANCTIONS FOR CIVIL. CODE- VIOLATIONS, AND MAKING: CERTAIN OTHER
CLARIFICATIONS REGARDING JUDGES WHO MAY HEAR APPEALS AND ORDER
ABATEMENT IN CIVIL CODE VIOLATION AS A PUBLIC RECORD FILED WITH THE
TOWN CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town. Code Chapter 5-? entitled
"Civil Town Code Violations", a copy of which is attached to and incorporated in this resolution
as Exhibit A and three copies of which are on file in the office of the Town Clerk, are hereby
declared to be a public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 5t1i day of January, 2010.
~~
Mayor d Honea
ATTEST:
APPROVED AS TO FORM:
i;; ~' J~Scelyn C<~ronson, Town Clerk
r' f/ ~,pl
~`
-~ ' ~.
Frank Cas fi~°y, Town Atto ey
{00018734.DOC /}
EXHIBIT A TO MARANA RESOL UTION NO. 2010-01
Amendments to the Marana Town Code Chapter S-7 "Civil Town Code Violations "
pursuant to Marana Ordinance No. 2010.02
Chapter 5-7 of the Marana Town Code shall be amended as follows with added
text shown with double underlining and deletions shown with :,tril4~~:
CHAPTER 5-7 CIVIL TOWN CODE VIOLATIONS
Section 5-7-1 Town code violations treated as civil matters
Violations of the town code, the land development code or a town ordinance for
which a civil .sanction is imposed shall be treated as civil matters as provided in
this chapter.
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 r a Iona form civil code complain as provided in this chapter. A
civil code violation case shall. be commenced within one year of the alleged
violation.
B. Anv peace officer or code compliance officer. as defined in chanter 1-9 of this
e. may issue a uniform civil code complaint pursuant to this chapter.
ternatively. the town attorney or designee may file a Iona form civil code
mplaint with the Marana municipal court. Upon receipt of the Iona form civil
e complaint. the Marana municipal court shall issue a summons.
~:C The Marana municipal court shall have jurisdiction over all civil violations of
the town code, the land development code or other town ordinances.
Section 5-7-3 Service of uniform or long form 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 -uniform civil code complaint shall be filed in the Marana municipal
court within five days after amt: jf is issued.
he Iona form civil code complaint and summons may be served by delivering
pv of the Iona form civil code complaint and summons to the person
charged with the violation or by any means authorized by the Arizona rules of
civil procedure.
D. If service cannot be accomplished by the methods set forth in this section, the
niform civil code complaint or Iona form civil code complaint may be served
certified or registered mail. return receipt reauested. If service of either the
uniform civil code complaint or the Iona form civil code complaint is made by
ertified or registered mail. the return receipt shall be prima facie evidence of
service.
{00018735.DOC /} 1
EXHIBIT A TO MARANA RESOL UTION NO. 2010-01
Amendments to the Marana Town Code Chapter S-7 "Civil Town Code
Violations "pursuant to Marana Ordinance No. 2010.02
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 a code compliance officer ~'"'~• "'+h.,.-~~o.+ ".on+ of +ho +..,.,n
may stop and detain a person as is reasonably necessary to investigate an
actual or suspected violation of the town code, the land development code or
a town ordinance 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 a code Compliance officer ~+"'~~ °1+hnri~orl ~non+ of 4hc +num
upon request, when the officer t has reasonable. cause to believe the
person. has committed a violation of the town code; the land development
code or a town ordinance, is guilty of a class 1 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 uniform and Iona form civil code complaints
8,. The uniform civil
code 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
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B Th Iona form civil code complaint and summons shall be in a form
determined by the town attorney or desianee and shall contain at a minimum
e date and place of-the alleaed violation. a reference to the town code or
nd development code section or town ordinance provisions alleaed to have
een violated and the time. date and place for the defendant to appear.
C Th uniform and Iona form civil code complaint shall contain notice that default
iudament will be entered and a civil sanction and order to abate the violation
{00018735.DOC /} 2
EXHIBIT A TO MARANA RESOL UTION NO. 2010-01
Amendments to the Marana Town Code Chapter 5-7 "Civil Town Code
Violations "pursuant to Marana Ordinance No. 2010.02
I be imposed on a person who is cited and fails to aooear as directed in the
om I in .
Section 5-7-6 €,afse sSertification of uniform and Iona form civil code
complaints
A. A uniform 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
1 have reasonable grounds to believe and do believe that the person named in
this complaint committed the civil violation described in this complaint."
B. The town attorney or desianee shall swear to the contents of the Iona for
civil code complaint under oath and sian the complaint in the presence of the
maaistrate.
~-~.,. A false certification under this section constitutes perjury.
Section 5-7-8 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. Aperson 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.
{00018735.DOC /} 3
EXHIBIT A TO MARANA RESOL UTION NO. 2010-01
Amendments to the Marana Town Code Chapter S-7 "Civil Town Code
Violations "pursuant to Marana Ordinance No. 2010.02
F. A civil sanction imposed pursuant to this chapter shall. not exceed. $1,0001
nless otherwise desianated in this code. the land development code. a town
.ordinance or under state law.
. Each day that a violation continues shall be considered a separate offe
6H. 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 5-7-9 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
posting of an appeal bond stays enforcement of the judgment.
Section 5-7-10 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 5-7-11 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 5-7-12 Failure to obey order to abate violation; penalty'
Any person who fails to obey an order to abate a violation issued by a
magistrate~es'°' ^^~nin+r,+e „r ~.,e,.i.,~ ~i.,.,i+o.+ manic+r~+o is guilty of a class 1
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.
{00018735.DOC /} 4