HomeMy WebLinkAboutOrdinance 2010.10 Amending title 13 of the town code relating to parks and recreationF. ANN RODRIGUEZ, RECORDER ~ DOCKET: 13857
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TOWN OF MARANA ~~ y
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ATTN : TOWN CLERK `gRIZ01`ZQ'
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 8.00
MARANA ORDINANCE N0.2010.10
RELATING TO PARKS AND RECREATION; AMENDING THE MARANA TOWN CODE
TITLE 13 "PARKS AND RECREATION," ADDING CHAPTER 13-2 ENTITLED
"FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECKS OF PARKS AND
RECREATION PERSONNEL AND VOLUNTEERS"; AND DESIGNATING AN EFFECTIVE
DATE
WHEREAS the Town Council is authorized by A.R.S. § 41-1750 to adopt an ordinance
authorizing the Town to receive criminal justice information from state and federal criminal
history repositories for the purpose of evaluating the fitness of current or prospective licensees,
employees, contract employees or volunteers; 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. Title 13 "Parks and Recreation" of the Marana Town Code is hereby
amended by adding new Chapter 13-2 as follows:
Chapter 13-2 FINGERPRINTING AND CRIMINAL HISTORY RECORDS
CHECKS OF PARKS AND RECREATION PERSONNEL AND
VOLUNTEERS
Section 13-2-1 Authority to receive criminal history record information
Pursuant to A.R.S. § 41-1750, the town is hereby authorized to receive criminal
history record information for the purpose of evaluating the fitness of current and
prospective parks and recreation department employees, contract employees
and volunteers who work directly with children under the age of 18 or vulnerable
adults.
Section 13-2-2 Definition
For purposes of this chapter, "vulnerable adult" means an individual who is
eighteen years of age or older and who is unable to protect himself from abuse,
neglect or exploitation by others because of a mental or physical impairment.
Section 13-2-3 Fingerprinting of current and prospective parks and
recreation personnel and volunteers; criminal history
record information
A. Each town of Marana parks and recreation department employee, contract
employee or volunteer who works directly with children under the age of 18 or
vulnerable adults and who has not furnished a full set of fingerprints to the
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town within 12 months of the effective date of this chapter, shall, as a
condition of continued employment, within 60 days of the effective date of this
chapter and annually thereafter, furnish a full set of fingerprints on a standard
fingerprint card to the town. Any current employee, contract employee or
volunteer who has furnished a full set of fingerprints to the town within 12
months of the effective date of this chapter, shall not be required to furnish
another set of fingerprints until 12 months has passed since the furnishing of
the fingerprints.
B. Each prospective town of Marana parks and recreation department employee,
contract employee or volunteer who will work directly with children under the
age of 18 or vulnerable adults shall, as a condition of hire and annually
thereafter, furnish a full set of fingerprints on a standard fingerprint card to the
town.
C. Pursuant to A.R.S. § 41-1750 and Public Law 92-544, the town shall submit all
fingerprints obtained pursuant to this chapter to the Arizona department of
public safety for the purpose of obtaining state and federal criminal history
record information. The Arizona department of public safety is authorized to
exchange this fingerprint data with the federal bureau of investigation.
Section 13-2-4 Use of criminal history record information
Criminal history record information obtained by the town pursuant to this chapter
shall be used only for the purpose of evaluating the fitness of current and
prospective employees, contract employees and volunteers who work directly
with children under the age of 18 or vulnerable adults. The town shall comply
with all relevant state and federal rules and regulations regarding the
dissemination of criminal history record information.
SECTION 2. 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 3. 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 4. 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
Mayor E , Honea
APPROVED AS TO FORM:
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