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Home My WebLink AboutOrdinance 2010.09 Amending title 13 of the town code relating to parks and recreation~~ F. ANN RODRIGUEZ, RECORDER DOCKET: 13857 RECORDED BY: LLW - PAGE: 1314 DEPUTY RECORDER 1956 PE-2 of PI v ~ ~ k'~ \ ~o NO. OF PAGES: SEQUENCE : 3 20101410370 SMARA ~ w~: '~ ~ !*Z 07/23/2010 x -" '''"~ TOWN OF MARANA N ORDIN 15:59 ATTN : TOWN CLERK ~ `9RIZ01`Zp' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE N0.2010.09 RELATING TO PARKS AND RECREATION; AMENDING THE MARANA TOWN CODE TITLE 13 "PARKS AND RECREATION," SECTION 13-1-3 "USE AND OCCUPANCY RULES AND REGULATIONS" REGARDING POSSESSION AND DISCHARGE OF FIREARMS IN TOWN PUBLIC PARKS; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by A.R.S. § 13-3108 to adopt ordinances and rules regarding the possession and discharge of firearms in Town parks; and WHEREAS the Town Council finds that the regulations 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. Paragraph A of Section 13-1-3 of the Marana Town Code, setting forth unlawful activities in any town park, is hereby revised by repealing existing subparagraph 16, renumbering existing subparagraphs 17 and 18 as subparagraphs 16 and 17, respectively, revising any cross-references to these subparagraphs to conform to the renumbering and amending existing subparagraph 17 as follows (with deletions shown with r*ri~a3 and additions shown with double underlining): A. It is unlawful in any town park to: [Subparagraphs 1 through 15 remain unchanged] • In n nr+rL of nnn cn~ ~nr~riln nr Incc in nro~ 4h~+ is nnctocl~.ii+h Y~~nonn~+h~ I~R~~~,~(x,4hn fnlln~~iinn• ~~(~n rr~iinn ~ firn~rm in 4hic n~r~ ic• limi~nr~ fn nor nn uihn nnc. c~ncc n norm i4 icc~ ~nr7 n~ ~rc~~ ~~n4 fn ~ Q Q f: '1 `~ '.2'1 ~ '~ " ~- fIZ1T~G~n~ in ~nrm i~4nrd firnnrmc nr h~ ~n4nr cofnt~ nn~ Arco r+n_nt~~_~r_nfo_t~- in ~+rL Mh~i ve~mC~ h~inr • cnfnfii •inc4n ~nfnr nr nor~ifier! Yfiro~rm Marana Ordinance 2010.09 - 1 - {00021686.DOC / 3} ~. 0°rlnvnlnnnr• nr imnrnv°iJ r+rn'+01 mn~nc nn ~r°~ r,f nrn nnrF~i rln~inlnnnr~l Tvr~h~~e~e'a+in~~r~famil~~Qn~i~i~~ '~Ci ~rlinn ni Ci~~~afeL~.~, e e f r e r f ~a~v-vvGT~n~aGtliTie~~re~ ~~inlr n~mnnrn~ ~nrlc~? n~+hc~r > > ~° ~ e tt u • ~n ^hn4n~ ~ n nr n~hnr ui°nnnn 4hof ~~iill e f e nvnnl in rlnciivnnrl fn nvnnl nr ~ m ~ `Ji ~ ~~~~ n~ e i +hn nnt-inn °f nn T n4~c T~ ~ ~ In^i~m ~~ ~ ~ ~ h~ ~~ r7nnc nr\~ innl~ ~rln n fir ~ _ °nrm 4hn4 is in nnrmnnn n~hi e~ , inns°rnhl° n n~ °~ nnnhl n; R nnrli#inn n nn~i a ti ca,,,,--murr~~-rrrpcr„~rcr,-rcn-rcrp rnn~~irnr• by ^nnlinn 1'2_'1_ -- ~eas~ ~se--~eat~s-r~e E °n4r°nn~+ ~+ nr1 ~+~ infnni~+l .,f nnn f°~ ir4h miln nr Innc ~~ihnr° thn nnrL nr rJ n~ie~lnn° iJ nr im nrn~i°A .ter°~ h.~^ ~n n nnn nnrimn4nr 16~. Discharge a firearm. a. This subparagraph 1~~ does not apply to a .person who discharges a firearm under the following circumstances: i. As allowed pursuant to A.R.S. title 13, chapter 4; ii. On a properly supervised range as defined in A.R.S. § 13-3107; iii. In an area r v r°^nmm°^,~°,~ as a hunting area by the Arizona game and fish department nhinf of nnlinn; provided, however, that any such area may be closed when deemed unsafe by *h° nhinf of nnlinn nr the director of ~~ the Arizona game and fish department; iv. To control nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service; v. By special permit of the chief of police; Marana Ordinance 2010.09 - 2 - {00021686.DOC / 3 } vi. As required by an animal control officer in performing duties specified in A.R.S. § 9-499.04 and title 11, chapter 7, article 6 and title 6 of this code; vii. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable .under the circumstances to protect oneself or the other person. b. For the purposes of this subparagraph 16~, "firearm" sa~ies-~~T,~,~ mo~nin.. ~c .+ofinor) in con+i~n '14_'1 4/A V'I G.'~~rly~~~ means any loaded or nloaded handgun. pistol. revolver. rifle. shotgun or other weapon tha will expel. is designed to expel or may readily be converted to expel a projectile by the action of an explosive. but does not include a firearm hat is in permanently inoperable condition. SECTION 2. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this .ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of July, 2010. ATTEST: J ce yn ronson, Town Clerk Mayor E Honea APPROVED AS TO FORM: ~_- ~ f~ ,~ ~,' rank Cad dy, Tow ttorney Marana Ordinance 2010.09 - 3 - {00021686.DOC / 3 } ,,.n~.u.' \. ~~y.,, ? Q~~ OFFICIAL RECORDS OF ~J~ ~ ~$~n PINAL COUNTY RECORDER WHEN ~dEC(2RDED, RETURN TO: `~ a LAURA DEAN-LYTLE TOWN OF MARANA ~ , , ,.~ ATTN: TOWN CLERK DATE/TIME: 07/26/2010 1329 11555 W CIVIC CENTER DRIVE FEE ; S 12.00 MARANA, ARIZONA 85653 PAGES: 3 FEE NUMBER: 2010-069650 I IIIIII VIII VIII VIII VIII VIII VIII VIII VII I VIII IIII IIII MARANA ORDINANCE N0.2010.09 RELATING TO PARKS AND RECREATION; AMENDING THE MARANA TOWN CODE TITLE 13 "PARKS AND RECREATION," SECTION 13-1-3 "USE AND OCCUPANCY RULES AND REGULATIONS" REGARDING POSSESSION AND DISCHARGE OF FIREARMS IN TOWN PUBLIC PARKS; AND DECLARING AN EMERGENCY VVfIEREAS the Town. Council is authorized. by A.R.S. § 13-3108 to adopt ordinances and rules regarding the possession and discharge of firearms in Town parks; and WHEREAS the Town Council finds that the regulations 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. Paragraph A of Section 13-1-3 of the Marana Town Code, setting forth unlawful activities in any town park, is hereby revised by repealing existing subparagraph 16, renumbering existing subparagraphs 17 and 18 as subparagraphs 16 and 17, respectively, revising any cross-references to these subparagraphs to conform to the renumbering and amending existing subparagraph 17 as follows (with deletions shown with ~~*~D-CTTZ~RTJ and additions shown with double underlinina): A. It is unlawful in any town park to: [Subparagraphs 1 through 15 remain unchanged] n• In n nnrL of nnn nm~nrn ~In nr Innn in rirnn }hnf in nnn}nrl uii}h TGnnnnnhln nn}i Fi n}inn }hn fnlln~ainn• '1(~n rn jinn o firn rJrm in }hin nnrL inn 1l i~m.iy}nrt }n n~~~Gn}n nncnnnn n nnrmi} inns ~nr~ n~ ~rn~ inn} }n A. 3 ' .. `fi't-tom ~vr~n~}h nn nnn ~nrn miln in nrnr, nnr•I }hn} }hn e•~n~in 'n nnn} '}h r c nnnhlo n}' hn fnll arca~-pG~ed~T,-rea~GT,~,~-r,~E~~ firnnrm in }hin rl n~inlnnni} nr imnrn~inrl nrnn in limi}n n Thin n~ ~hnn ronr~nh 1 L: nhnll nn} nnnl~i }n ~ nnrn nn• ~ ~ 2_ 21 ~ 7• ~~~ lnnnr! nr imnrn~~nr~ n~uinn_°!~ rn jinn ~ rg. ~a~,,,~~ l} }n nnrnn nn uihn n • nnrL by n n~~~,...}}~fi ,~..jj h~ in}p~ ~~ f i inn}n ~n}nr nr n~ rr~~~finr7 f'rnnrmn GG~ITRet1~7Vf7ZGr-JGT GYLTRGG17Tri CiTTTT.7' n~fo}~~ inn}n ~n}nr Marana Ordinance 2010.09 - 1 - {00021686.DOC / 3} i °~flo\In lnno~l i+r /i~m' nrnvor~ ~\ra I+10 mo~+nn nn .+ro •\ of nrn norfv r•!o\IOlr~norl fyr nl. 1'111 /\._--..rCGre~+iTTpr'~ it\I ~]/~~1",+~/\ 1/'~I n/"1 TG~n'T~'GCre'GrJ, Eef~Be~s~fOrnr~ r n~9 r^i-vcirrvv , 'r-amprRirhret~i~er~J(',, r~~g• , lI ~~ goon n"If r\i+~ ~rnnn ~nnn h~,rnoho^L rirlir\n fonili#ion nnrJ hr\o4 lonrlinn s > > ~ e ~ > > ii ~°Cir~.+rm01 mo~nn •+nv In'+rlorl nr ~ ~nln.~.IJor) honr'1 rY~ ~n r\in4i+l rovr\h for • f f e iiTi° nhn~n~ m nr ^4hor uloo nnn #ho# Mill ovnr~l in rlonin nor! fn ovnol nr e e faaa~f~yF-be~-~~E'~-t~,--e~ei-~ r`y~eC~+le~ ~~/nhni\IO hi ~# rl i+oe n^~ in .~i rl~o f'roorm rho} in in norm~nen41\/ ri/~ , ~rvr-rrr Ct-ffTGG1TfTT~TIRTTJr"~TfT'7CiTITTQTTGTTIT~ 16~. Discharge a firearm. a. This subparagraph 1C~ does not apply to a person who discharges a firearm under the following circumstances: i. As allowed pursuant to A.R.S. title 13, chapter 4; ii. On a properly supervised range as defined in A.R.S. § 13-3107; iii. In an area r v r^^^,~~^de~ as a hunting area by the Arizona game and fish department ho nhiof .,f nnlino; provided, however, that any such area may be closed when deemed unsafe by +"° ^hiof .,f ^^'i^° ^r the director of the Arizona game and fish department; iv. To control nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service; v. By special permit of the chief of police; Marana Ordinance 2010.09 - 2 - {00021686.DOC / 3 } .r , vi. As required by an animal control officer in performing duties specified in A.R.S. § 9-499.04 and title 11, chapter 7, article 6 and title 6 of this code; vii. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person. b. For the purposes of this subparagraph 1 f~, "firearm" Earr~~h,_,~, c~~ mo~r+ir~n ~c rl ofinorl ir, con+inn '1`2_4 4/A\/4a\/a\/ii\ means anv loaded or unloaded handgun pistol revolver. rifle. shotgun or other weapon that will excel. is designed to expel or may readily be converted to expel a groiectile by the action of an explosive. but does not include a firearm at is in permanently inoperable condition. SECTION 2. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20`h day of July, 2010. sX, Mayor E Honea ATTEST: celyn C onson, Town Clerk APPROVED AS TO FORM: rank assidy, wn Attorney Marana Ordinance 2010.09 - 3 - {00021686.DOC / 3}