HomeMy WebLinkAbout10/10/2006 Blue Sheet Proposed Title 12 (Traffic) Revisions
TOWN COUNCIL
MEETING
INFORMATION
MEETING DATE:
TOWN OF MARANA
October 10, 2006
AGENDA ITEM:
D.1
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 vehicles or goods for sale, modifying park-
ing restrictions, clarifying penalty provisions and making other
clarifying changes.
DISCUSSION
This item is a continuation of the May 9,2006 study session 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
pages 5 and 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 if the 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. ~~ 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 as discussed at the May 9,
2006 study session would have prohibited commercial truck parking on public streets from 6pm
to 6am, and would have prohibited recreational vehicles, vehicles with trailers and unattached
trailers from being parked on a public street for more than 24 consecutive hours.
These commercial vehicle and recreational vehicle parking restrictions have now been signifi-
cantly modified from the version presented on May 9. The substantively revised provisions are
found in Section 12-3-12 of the proposed ordinance. Restrictions on commercial trucks, over-
sized vehicles, recreational vehicles, vehicles with a trailer attached, and trailers unattached from
vehicles apply only on "residential-area public streets" and no longer apply to streets in commer-
cial and industrial areas. Feedback on the previous draft ordinance indicated that commercial
vehicle parking restrictions in commercial and industrial areas were unnecessary and burden-
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some. In areas where for safety reasons parking needs to be restricted, no parking signs are used.
In other areas, commercial vehicle parking has long been permitted and has not created a signifi-
cant safety problem.
This proposed draft ordinance prohibits commercial trucks and oversized vehicles from parking
on residential-area public streets except when carrying out the activity for which the vehicle is
designed (for example, a moving truck while loading or unloading, a tradesman's work truck
while the trade is being conducted, etc.).
This proposed draft also extends to 72 consecutive hours (from 24) the period of time that vehi-
cles with a trailer attached, trailers unattached from vehicles and recreational vehicles 20 feet or
more in length may be parked on a residential area public street without violating the ordinance.
These provisions will be enforced independently of any homeowners' association restrictions
which may apply to a particular area.
Unlike the version presented on May 9, this draft eliminates minimum penalties, consistent with
other ordinances submitted for Council consideration over the past several months. The Court is
given full discretion to impose whatever penalty it deems appropriate. Section 12-3-8 of this
draft also makes specific reference to the new code enforcement ordinance codified at Town
Code Chapter 5-7.
The proposed ordinance also 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.
ATTACHMENT
Marana Town Code Title 12 as it would appear after the adoption ofthese 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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CHAPTER 12-1
CHAPTER 12-2
CHAPTER 12-3
CHAPTER 12-4
CHAPTER 12-5
CHAPTER 12-6
CHAPTER 12-7
{OOO02692. DOC /}
ADMINiSTRATION..................... ..... .................. ............... .................... .................. 1
TRAF FIC CONTROL......................................................... ................... ....... ........... 1
PARKING..... .................... ...................................................... ......................... ........ 6
OFF-ROAD MOTOR VEHICLE USE .................................................................... 11
IMPOUNDMENT OF VEHICLES .......................................................................... 13
BICYCLE HELMETS FOR MINORS .................................................................... 15
OTH ER PENALTIES............ .......................................................................... ....... 16
TITLE 12. TRAFFIC
Title 12 was adopted by Ordinance No. 96.17
Chapter 12-1 ADMINISTRATION
Section 12-1-1 Duty of police department
A. It shall be the duty of the police department to provide for the
enforcement of the street traffic regulations of the town and all of
the state vehicle laws applicable to street traffic in the town, to
make arrests for traffic violations, to investigate accidents and to
assist in developing ways and means to improve traffic conditions,
and to carry out all duties specially imposed upon the police
department by this title.
B. Any peace officer or duly authorized agent of the town may stop and
detain a person as is reasonably necessary to investigate an actual or
suspected violation of this title and to serve a copy of the traffic
complaint for any alleged civil or criminal violation of this title.
Section 12-1-2 Records of traffic violations
A. The police department shall keep a record of all violations of the
traffic laws of the town or of the state vehicle laws of which any
person has been charged, together with a record of the final
disposition of all alleged offenses. The record shall accumulate
during at least a five year period and from that time on the record
shall be maintained complete for at least the most recent five year
period.
B. All forms for records of violations and notices shall be serially
numbered. For each month and year, a written record shall be
maintained complete for at least the most recent five year period.
Section 12-1-3 Police department to investigate accidents
It shall be the duty of the police department to investigate traffic
accidents and to arrest and assist in the prosecution of those persons
charged with violations of law causing or contributing to those
accidents.
Section 12-1-4 Traffic accident studies
Whenever the accidents at any particular location become numerous,
the police department shall conduct studies of those accidents and
determine remedial measures.
Chapter 12-2 TRAFFIC CONTROL
Section 12-2-1 Directing traffic
A. The police department is hereby authorized to direct all traffic by
voice, hand or signal.
B. Officers of authorized fire departments, when at the scene of an
emergency, may direct or assist the police department in directing
traffic thereat or in the immediate vicinity.
Section 12-2-2 Traffic control devices
A. The town shall place and maintain traffic control devices, signs and
signals when and as required under the traffic regulations of the
town to make effective the provisions of the regulations, and may
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place and maintain such additional traffic control devices as
necessary to regulate traffic under the traffic laws of the town or
under state law or to guide or warn traffic.
B. The driver of any vehicle shall obey the instructions of any official
traffic control device placed in accordance with the traffic
regulations of the town unless otherwise directed by the chief of
police or member of the police department, subject to the
exceptions granted in this title or by state law.
Section 12-2-3 Traffic preemptor devices
It shall be unlawful for any person not authorized by the town engineer
to utilize, alter or interfere with any preemptor device to control an
official traffic control device within the town limits.
Section 12-2-4 Crosswalks; safety zones; traffic lanes
A. The town engineer or his or her designee is hereby authorized:
1. To designate by appropriate devices, marks or lines upon the
surface of the roadway, crosswalks at intersections where, in his
or her opinion, there is particular danger to pedestrians crossing
the roadway, and at any other places as he or she may deem
necessary;
2. To establish safety zones of the kind and character and at the
places as he or she deems necessary for the protection of
pedestrians;
3. To mark lanes for traffic on street pavement at any place he or
she deems advisable, consistent with the traffic laws of the town
and the state;
4. The council may adopt further rules and regulations from time to
time as they deem necessary for the safety and efficient use of
the town roads by the public.
Section 12-2-5 Authority to place and obedience to turning
markers
A. The town engineer or his or her designee is authorized to place
markers, buttons or signs within or adjacent to intersections
indicating the course to be traveled by vehicles turning at those
intersections, and the course to be traveled as so indicated may
conform to or be other than as prescribed by law.
B. When authorized markers, buttons or other indications are placed
within an intersection indicating the course to be traveled by
vehicles turning thereat, no driver of a vehicle shall disobey the
directions of those indications.
Section 12-2-6 Authority to place and obedience to restricted
turn signs
A. The town engineer or his or her designee is hereby authorized to
determine those intersections where drivers of vehicles shall not
make a right, left or u turn and shall have proper signs placed at
those intersections. The making of those turns may be prohibited
between certain hours of any day and permitted at other hours, if The last sentence of paragraph A was
the limitations are clearly indicated on the signs or if the signs are rewritten by Ordinance No. 2005.22
removed when the turns are permitted.
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B. Whenever authorized signs are erected indicating that no right or
left or U-turn is permitted, no driver of a vehicle shall disobey the
directions of the sign.
Section 12-2-7 One-way streets and alleys
A. The council shall by resolution designate any streets or alleys which
are to be limited to one-way traffic.
B. When any resolution of the council designates anyone-way street
or alley, the town shall place and maintain signs giving notice of it,
and no such regulation shall be effective unless the signs are in
place. Signs indicating the direction of lawful traffic movement shall
be placed at every intersection where movement of traffic in the
opposite direction is prohibited.
Section 12-2-8 Regulation of traffic at intersections
A. The council shall by resolution designate through streets,
intersections where stops are required, and intersections where
vehicles shall yield the right of way.
B. When any resolution of the council shall designate any through
street or intersection where vehicles are to stop or yield the right of
way, the town engineer or his designee shall erect and maintain the
appropriate signs at every location where a vehicle must stop or
yield the right of way.
C. Whenever any laws of the town designate and describe a through
street, it shall be the duty of the town to place and maintain a stop
sign on each and every street intersecting the through street or
intersecting that portion of it described and designated as such by
the laws of the town.
Section 12-2-9 Drivers to obey signs
Whenever traffic signs are erected as provided in this title, every driver
of a vehicle shall obey the signs unless directed to proceed by the
chief of police,' a member of the police department or a traffic control
signal. No driver shall drive upon or through any private property such
as a gas station, vacant lot or similar property to avoid obedience to
any regulation included in this title.
Section 12-2-10 Processions
A. No procession or parade, except funeral processions, shall be held
without first securing a permit from the chief of police, and all
requests for permits shall state the time, place of formation,
proposed line of march, destination and any other regulations the
chief of police sets forth in the permit.
B. A funeral procession composed of a procession of vehicles shall be
identified by the methods determined and designated by the chief of
police.
C. No driver of a vehicle shall drive between the vehicles comprising a
funeral or other authorized procession while they are in motion and
when the vehicles are conspicuously a part of the procession.
D. Each driver in a funeral or other procession shall drive as near to
the right hand edge of the roadway as practical and shall follow the
vehicle ahead as close as is practical and safe.
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Section 12-2-11 Speed limits
A. The following shall be the reasonable and prudent maximum speed
limit on the following roadways which are located within the town
limits:
1. 45 miles per hour on Marana Road;
2. 35 miles per hour on Sandario Road from Marana Road to the
Santa Cruz River;
3. 45 miles per hour on Sanders Road from Marana Road to Moore
Road;
4. 35 miles per hour on Sanders Road from Moore Road to the
south end of the Santa Cruz River Bridge;
5. 50 miles per hour on Sanders Road from the south end of the
Santa Cruz River Bridge to Avra Valley Road;
6. 25 miles per hour on Grier Road from the Interstate 10 Frontage
Road to Sandario Road;
7. 35 miles per hour on Grier Road from Sandario Road to Wentz
Road;
8. 25 miles per hour on Grier Road from Adonis Road to the
easterly limits of the town;
9. 35 miles per hour on Adonis Road from Interstate 10 to Grier
Road;
10. 35 miles per hour on Moore Road from Interstate 10 Frontage
Road to Sanders Road;
11.35 miles per hour on Wentz Road;
12. 25 miles per hour for all residential streets in the following
areas:
a. Berry Acres;
b. Honea Heights;
c. Marana Estates;
d. Marana Vista;
e. Adonis Subdivision;
13. 25 miles per hour on Lon Adams Road from Grier Road to
Barnett Road;
14.35 miles per hour on Barnett Road and Postvale Road;
15. 55 miles per hour on Avra Valley Road;
16. 55 miles per hour on Sandario Road from Avra Valley Road to
southerly limits of the town;
17. 35 miles per hour on Twin Peaks Road;
18. 35 miles per hour on Tangerine Road from the Interstate 10
Frontage Road to the westerly town limits, 35 miles per hour
from the Interstate 10 Frontage Road to one half mile east, then
50 miles per hour to the easterly town limits;
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19. 25 miles per hour on McDuff Road;
20. 35 miles per hour on Silverbell Road from Sanders Road to the
easterly town limits;
21. 45 miles per hour on Luckett Road from Marana Road north to
the town limits;
22.35 miles per hour on Kirby Hughes Road;
23. 45 miles per hour on Silverbell Road from the southerly town
limits to Twin Peaks Road;
24. 35 miles per hour on Cortaro Road from the southerly town
limits to Silverbell Road; 45 miles per hour on Cortaro Road from
Silverbell Road to the Interstate 10 Frontage Road;
25. 5 miles per hour on Twin Peaks Road from Silverbell Road to
the Santa Cruz River;
26. 35 miles per hour on Coachline Boulevard from Silverbell Road
to the northerly town limits;
27. 25 miles per hour on all local residential streets within the
Continental Ranch annexations;
28. 45 miles per hour on Pima Farms Road from Silverbell Road to
Scenic Drive;
29. 30 miles per hour on Scenic Drive from Silverbell Road to Pima
Farms Road;
30. 30 miles per hour on Artesiano Road from Silverbell Road to the
southerly town limits;
31. 30 miles per hour on Wade Road from Silverbell Road to the
southerly town limits;
32. 50 miles per hour on Ina Road from the Santa Cruz River
Bridge to the easterly town limits;
33. 35 miles per hour on Silverbell Road from Twin Peaks Road to
the northern town limits.
B. Any peace officer or duly authorized agent of the town may stop and
detain a person as is necessary to investigate an actual or
suspected violation of title 28, Arizona Revised Statutes, or this
section, and to serve a copy of the traffic complaint for any alleged
civil or criminal violation of this title.
Section 12-2-12 School crossings
School crossings shall be established and marked in front of each
school building and grounds in conformity with the provisions of A.R.S.
928-797.
Section 12-2-13 Railroad crossings
A. No person shall stop, stand or park any motor vehicle or other
vehicle within a railroad grade crossing, even if the stop is
temporary in nature or caused by traffic congestion.
B. No person shall drive any vehicle through, around, or under any
crossing gate or barrier at a railroad grade crossing while the gate
Section 12-2-13 was adopted by Ordinance
Nn ?nM n7
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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. 9 701.02 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 more than $250 for each violation.
C. A person convicted of violating section 12-2-13 is guilty of a class 1
misdemeanor.
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
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.
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Section 12-2-14 was added by Ordinance
No. 2006.XX
See Ordinance No. 94.12 for prior history of
chapter 12-3
Section 12-3-1 was added by Ordinance
No. 2006.XX
Section 12-3-2 was renumbered by Ordinance
No. 2006.XX, which added paragraphs Band
C and modified paragraph A
X/X/2006
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
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.
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Section 12-3-3 was renumbered and
substantially modified by Ordinance
No. 2006.XX
X/XI2006
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.
L. On a bridge or other elevated structure on a public road or within a
tunnel.
M. At any place where official signs prohibit parking, 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.
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Section 12-3-4 was added by Ordinance
No. 2006.XX. Former Section 12-3-4 entitled
"Parking vehicles on sidewalks, " was deleted.
X/X/2006
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
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.
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Section 12-3-5 was renumbered and
substantially modified by Ordinance
No. 2006.XX
Section 12-3-6 was renumbered and slightly
modified by Ordinance No. 2006.XX
X/XI2006
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
pursuant to chapter 5-7 of the town code 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.
Section 12-3-12 Truck, trailer and recreational vehicle parking
restrictions
A. Commercial trucks and oversized vehicles shall not be parked on a
residential-area public street at any time, except while actively
carrying on the activity for which the truck or vehicle is designed,
including by way of example and not limitation:
1. A moving truck while loading or unloading.
2. A tradesman's work truck while the trade is being undertaken.
3. Construction vehicles during construction.
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Section 12-3-7 was added by Ordinance
No. 2006.XX
Section 12-3-8 was renumbered and modified
by Ordinance No. 2006.XX
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
Section 12-3-12 was added by Ordinance
No. 2006.XX
X/X/2006
B. The following shall not be parked on a residential-area public street
for more than 72 consecutive hours:
1. Vehicles with a trailer attached.
2. Trailers unattached from vehicles.
3. Recreational vehicles 20 feet or more in length.
C. For purposes of this section, the term "residential-area public street"
shall mean any street within or contiguous to land zoned or used
primarily for single family or multi-family residential uses.
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 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
of the property. The written consent shall be kept in a person's
possession while operating an off-road recreational vehicle and
shall be shown upon the request of a peace officer; or
3. So as to knowingly cause or contribute to visible dust emissions
which then cross property lines into a residential, recreational,
MARANA TOWN CODE 12-11
{OOO01471.DOC/6}
Section 12-3-13 was renumbered 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
X/X/2006
institutional, educational, retail sales, hotel or business premises;
or
4. At a speed greater than is reasonable and prudent under the
circumstances, conditions and actual and potential hazards then
existing. In every event, speed shall be so controlled as may be
necessary to avoid colliding with any object, person, animal life
or other off-road recreational vehicle so as to comply with the
duty of all persons to exercise reasonable care for the protection
of others; or
5. So as to damage landscaping on public or private lands, or to
create significant erosion on those lands; or
6. In a way that causes excessive noise that disturbs the peace and
quiet of a residential area to the extent that a noise complaint is
made to the police department; or
7. Unless all persons under the age of 17 years riding in or upon the
off-road recreational vehicle shall wear adequate protective
headgear; or
8. On any property owned or leased by the town other than a public
roadway, unless specifically authorized in writing by the town or
expressly allowed by this chapter.
B. No person shall operate a 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
of the property. The written consent shall be kept in a person's
possession while operating a vehicle and shall be shown upon
the request of a peace officer. This provision shall not apply to
vehicles traveling upon driveways leading from a public street or
highway to a private residence; or
3. So as to knowingly cause or contribute to visible dust emissions
which then cross property lines into a residential, recreational,
institutional, educational, retail sales, hotel or business premises;
or
4. So as to damage landscaping on public or private lands, or to
create significant erosion on those lands; or
5. On any property owned or leased by the town other than a public
roadway, unless specifically authorized in writing by the town or
expressly allowed by this chapter.
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.
MARANA TOWN CODE
{OOOO1471.DOC/6}
12-12
X/X/2006
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 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:
1. Any unoccupied vehicle of any kind or description found violating
any town ordinances, this code or the laws of the state regulating
the standing or parking of vehicles;
2. When any person is arrested and taken into custody while in
possession of a motor vehicle;
3. Pending forfeiture action as prescribed by A.R.S. 9 3-3413,
9 13-2301 or 9 13-4305 or other applicable statutes;
MARANA TOWN CODE
{OOO01471.DOC/6}
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 renumbered and modified
by Ordinance No. 2006.XX
X/XI2006
4. When a vehicle is left unattended upon any bridge, viaduct or
crossway, or in any tube or tunnel where the vehicle constitutes
an obstruction of traffic;
5. When a vehicle upon a highway or street is so disabled as to
constitute an obstruction to traffic and the person in charge of the
vehicle is by reason of physical injury incapacitated so as to be
unable to provide for its custody or removal;
6. When the vehicle is left unattended upon a street or alley and is
parked illegally or constitutes a hazard or obstruction to the
normal movement of traffic;
7. When the vehicle is left unattended upon a public street, highway
or other public property for a period in excess of forty-eight
hours;
8. When any person is cited for a violation of A.R.S. 9 28-692,
928-411, 928-422.01, 928-471, 928-473 or 928-1075, and the
person cited does not have a licensed driver capable of safely
driving the vehicle available and gives permission for it.
Section 12-5-2 Notice of impoundment
A. Whenever an officer removes a vehicle from the street and the
officer knows or is able to ascertain from the registration records in
the vehicle the name and address of the vehicle owner, the officer
shall immediately give or cause to be given notice telephonically, in
person or in writing to the owner of the fact of the removal and the
reasons for it, and of the place where vehicle has been taken.
B. Whenever an officer removes a vehicle from the street and does not
know and is not able to ascertain the name of the owner, or for any
other reason is unable to give the notice to the owner as provided in
subsection A of this section, and the vehicle is not claimed by the
owner within a period of three days, the officer shall send or cause
to be sent a written report of the removal by mail to the Motor
Vehicle Division of the State Department of Transportation and shall
file a copy of the notice with the proprietor of the public garage in
which the vehicle is stored, in accordance with the police
department's rules and regulations. The notice shall include a
complete description of the vehicle, the date, time and place from
which removed, the reasons for the removal, and the name of the
garage or place where the vehicle is stored.
Section 12-5-3 Return of impounded vehicle
A. Unless the vehicle is being held for forfeiture proceedings or unless
the vehicle is being held as evidence in a pending criminal case, the
police department shall allow the return to the owner of the
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.
MARANA TOWN CODE 12-14 X/XI2006
{OOO01471.DOC/6}
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 man"ner provided
by A.R.S. S 28-1401 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.
B. Any person found responsible for violating any provision of
chapter 12-6 shall pay a maximum fine of $250.
C. The penalties 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.
MARANA TOWN CODE
{OOO01471.DOC/6}
12-15
Chapter 12-6 was adopted by Ordinance
No. 96.33, which renumbered chapter 12-7 to
conform
Section 12-6-2 was renumbered and modified
by Ordinance No. 2006.XX
X/XI2006
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 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
{OOO01471.DOC/6}
12-16
Ordinance No. 2006.XX added "other" to the
chapter title
Section 12-7-1 was renumbered and modified
by Ordinance No. 2006.XX
X/X/2006
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.
~ 701.02 or a violation of section 12-2-13 punishable as a class 1 misde-
meanor under paragraph C of this section.
B. Any person found responsible for a civil violation of chapter 12-2 shall be fined
not more than $250 for each violation.
C. A person convicted of violating section 12-2-13 is guilty of a class 1 misde-
meanor.
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 underlininl!):
Chapter 12-3 PARKING
Section 12-3-1 Definitions.
The followina definitions shall aoolv throuahout this chaoter:
A. "Handicao oarkina soace" means anv 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.
{00001923.DOC / 5}
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10/2/200610:02 AM FJC
C. "Riaht-of-wav" means the entire width between boundarY lines of everY wav
set aoart for oublic travel when anv Dart of it is ooen to the use of the oublic
for ourooses of vehicular travel.
D. "Sale" means anv transfer of title or oossession or both. for consideration.
Sale includes anv exchanae. or barter. conditional or otherwise. in anv man-
ner or bv anv means whatsoever. includina consianment transaction and auc-
tions of orooertv.
E. "Vehicle" means everY device bv which anv oerson or orooertv is or mav be
transoorted or drawn on a street or hiahwav.
Section 12-3-~4 Method of parking
~Except as otherwise authorized bv oosted reaulatorv sians provided by rosolu
tion of the 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 mav be oarked with the
left-hand wheels adiacent to and within eiahteen inches of the left-hand curb
of a one-wav roadwav.
C. Where authorized bv oosted reaulatorv sians. anale oarkina is oermitted on
anv roadwav This oaraaraoh shall not aoolv on anv federal aid hiahwav or
state hiahwav unless the director of the Arizona deoartment of transoortation
has determined bv resolution or order that the roadwav 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 unh:l',uful for any person to stop, stand or park any
motor vehicle, or other vehicle, upon a stroet in the to\\'n on the oaved or main
traveled Dart of a oublic roadwav so as to leave available less than ten tweAty
feet of the width of the oublic ~roadway for the free movement of ~ve-
hicular traffic!"
B. On a oublic roadwav with vellow centerline markinas. it shall be a civil infrac-
tion for anv oerson to stoo. stand or Dark anv motor vehicle or other vehicle on
the oaved or main traveled Dart of a oublic roadwav so as to leave available
less than ten feet of the width of roadwav 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.
c... It shall be a civil infraction for anv oerson to stoo. stand or Dark anv motor ve-
hicle or other vehicle on the oaved or main traveled Dart of a oublic roadwav
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 exoopt that a porson may stop~ temporarily
~, in the aotual loading or unloading ef-passengers, or when neoes
saFy;-in the observance of traffic signs or signals 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.
{00001923.DOC / 5}
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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 f1ashina amber Iiaht at least four
inches in diameter with the letters "stoo" orinted on the liaht 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 unlawful for any person to park a motor vehiole, or other vehiole, within an
alloy or ontmnco to a privato drivO'.vay oxcopt for tho loading or unloading of
materials, and not then unless the loading or unloading of materials oan be
aooomplished without blooking the alley to the free movemont of vehioular
tf:afffir.
Section 12-3-4 StoDDina. standina or Darkina Drohibitions
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.
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.
{00001923.00C / 5}
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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
street.
L. On a bridae or other elevated structure on a oublic 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-~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 mGtrioted parking area iG Gpeoifioally deGignated
by mGolution of the oounoil, and signs have been erected aG authorized by thiG
seotion; providod, that all GignG reGtrioting parking nov: in plaoe am hemby rati
fied and approved 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 iG unlawful for any person to stop or park a vehicle in disobedience to
the parking restrictions.
Section 12 3 i Parking vehisles 9n sidewalks
It iG unlawful for any person to parI< any vehiole, whether in uGable oondition or
not, or for an oymer to permit hiG vehiole to be parked I::Ipon any Gidewalk in the
tewfh.
Section 12-3-~ Stopping, standing or parking in plases reserved for
handicapped oarkina 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 Gpeoially deGig
nated and markod parking Gpaoe providod in aooordanoe with thiG Gootion for
phYGioally diGabled porGons unless the motor vehicle is transporting a person
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.
S. 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.
{00001923.DOC / 5}
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O. 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 S\ffiA-parking
space for the purpose of loading or unloading the physically disabled person.
No complaint shall be issued to the driver for that sooA-momentary parking.
E. Handicao PQ,arking spaces rm;erved for handioapped persons shall be desig-
nated on privately owned property as provided by the town land development
code. Each handicao S\ffiA-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 sooA-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 S\ffiA-that designa-
tion.
F. The chief of police ~will have the authorizedty to institute a volunteer handi-
capt36G parking enforcement specialist program in which . The ohief of polioe
may authorize special volunteers are authorized to issue citations only to per-
sons who violate this section of thic title.
Section 12-3-7 Law enforcement exceotion
The stoDoina. 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 12-3-1l6 Unarmed police oarkina enforcement aides
Unarmed polioe aides may be employed by tlhe police department mav emolov
unarmed oolice oarkina enforcement aides and shall be empowered to com-
mence an action or proceeding oursuant to chaoter 5-7 of the town code before ()
oourt or judge for any violation of town ordinanoes or this oode regulating the ye::
hicle standing or parking reaulationsof vehioles. The authority of the unarmed
police oarkina enforcement aide shall be strictly limited to the enforcement of tAe
ordinanoes regulating the vehicle standing or parking reaulationsof vehioles",.,aA€I-
suoh aides Thev 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 oark a vehicle within anv Town of Marana riaht-of-
wav for the ouroose of:
A Oisolavina the vehicle for sale' or
B. Oisolavina advertisina: or
C. Oisolavina aoods for sale.
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Section 12-3-10 Parkina on Dublic land to disDlav 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 PresumDtion 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 Darkina restrictions
A. Commercial trucks and oversized vehicles shall not be oarked on a residen-
tial-area oublic street at anv time. exceot while activelv carrvina on the activitv
for which the truck or vehicle is desianed includina bv wav of examole and
not limitation:
1. A movina truck while loadina or unloadina.
2. A tradesman's work truck while the trade is beina undertaken.
3. Construction vehicles durina construction.
B. The followina shall not be oarked on a residential-area oublic street for more
than 72 consecutive hours:
1. Vehicles with a trailer attached.
2. Trailers unattached from vehicles.
3. Recreational vehicles 20 feet or more in lenath.
C. For ourooses of this section. the term "residential-area DubUc street" shall
mean anv street within or contiauous to land zoned or used orimarilv for sinale
familv or multi-familv residential uses.
SECTION 3. Existing Section 12-7-1 is renumbered as Section 12-3-13 and modified as
follows (with deletions shown with strikeol:1ts and additions shown with double underlinin!!):
Section 12-3-1314 Violations - chapter 12-3: Denaltv
~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 more than $250 for each violation. Upon a finding that an ov:ner
or operator is roGponsible for a violation of this ohapter, the oourt t::hall imposo
a civil Eanotion of not IOEt:: than $50 or groator than $250 for tho violation. No
pemon t::hall park in a parking Gpaoo that is properly marked for handioappod
parking only unlesG they moet tho requiromentG of ARS. S 28 844. Chap
ter 12 3 Ghall be enfor-oeable on any public or private proporty within the town
#mit&:
SECTION 4. Existing Section 12-7-2 is renumbered as Section 12-4-6 and modified as
follows (with deletions shown with strikeol:1ts and additions shown with double underlinin!!):
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Section 12-~ Violations - chapter 12-4: Denaltv
~Any violation of chapter 12-4 shall be a civil traffic violation.
B. Anv oerson found resoonsible for violatina anv orovision of chaoter 12-4 shall
be fined not more than $250 for each violation. Upon a finding that an owner or
opemtor is rosponsible for a violation of this ohapter, the Court shall impose a
oivil sanotion of not leGS than $50 or gr-cater than $250, whioh shall not bo
suspended. shall be imposed on any person found rosponsiblo for a violation
of seotion 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: Denaltv
A. Anv violation of chaoter 12-6 shall be a civil traffic violation.
Ii. Any person found resoonsible for violatina anv orovision in violation of chap-
ter 12-6 shall be found guilty of a oivil infmotion and be roquired to pay a
maximum minimum fine of $~50 .....hioh oannot be suspended oxoept pursuant
to seotion 12 7 1(B).
Q..~ The penalties provided in this seotion for a violation of section 12-6-1 (A)
may be waived if the afH)ffender 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 {;;eotion.
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 strikeouts 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 see-
tieA-or under state law.
e.. 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 sootion 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.
SECTION 9. This ordinance shall become effective on the _ day of
,2006.
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PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this _ day of , 2006.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
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