HomeMy WebLinkAboutOrdinance 2012.06 Amending title 11 of the town code relating to inoperable or junked vehiclesMARANA ORDINANCE NO. 2012.06
RELATING TO �FFENSES; AlV�NDING MARANA TOWN CODE TITLE 11 ENTITLED
"OFFENSES"; REWRITING CHAPTER 11-7 ENTITLED "STORAGE OF INOPERABLE OR
JUNKED VEHICLES"; ADDING DEFINITIONS; CLARIFYING PROHIBITED AND
PERMITTED STORAGE; DESIGNATING PERSONS RESPONSIBLE; CLASSIFYING
VIOLATIONS AS CIVII, INFRACTIONS; AMENDING SECTION 11-9-1 RELATING TO
GENER�L PENALTIES; AND DESIGNATING AN EFFECTIVE DATE.
WHEREAS the Tawn Council is authorized by A.R.S. § 9-240 ta adopt ordinances
necessary or expedient for the abatement and removal of nuisances and to provide the manner of
prosecution and define the punishment for violation of adopted ordinances; and
WHEREAS the Town Council finds that the regulations established by this ordinance are
in the best interests of the Tawn of Marana.
NOW, THEREFORE, BE IT ORDAlNED BY THE MAYOR AND COUNCII, OF THE
TOWN OF MARANA, as follows:
SECTION l. Existing Chapter 11-7 af the Marana Town Code is deleted in its entirety
and replaced with new Chapter 11-7, as follows:
Chapter 11-7 STORAGE OF INOPEItABLE OR JUNKED VEHICLES
11-7-1 DefiniHons
The fallawing definitions shall apply thraughout this chapter unless the context
clearly indicates otherwise.
A. "Car cove�'' means a cover designed for the purpose of covering cars and daes
not include tarps, bed sheets, plastic sheeting, ar similar materials.
B. "Inoperable vehicle ` or "junked vehicle" means any vehicle, including any
motar vehicle and any other device in, upon or by which a person or property
may be transported ar drawn on a street, including but not limited to trailers
and camper shells but excluding devices maved by human �ower, that
e�chibits ane or mare of the following conditions: wrecked, partially ar fully
dismantled, abandoned, stripped, inoperative, inoperable, unlicensed,
scrapped, or unable to be safely operated.
C. "Private property" means any real property not owned by the federal
gavernment, state, county, city or political subdivision of the state.
D. "Store" means to park, leave, locate, keep, maintain, deposit, allow to remain
or allow to have a physical presence.
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11-7-2 Prohibited storage; excepfiions
A. No person owning or having custody of any inoperable or junked vehicle may
store the vehicle on private property, or on any sidewalks, streets, rights-of-
way or alleys within the town, except as otherwise permitted under this
section
B. No person owning, occupying or in control of any �rivate property within the
town may store any inoperable or junked vehicle on the owned or occupied
property, ar an any abutting sidewallcs, streets, rights-of-way or alleys, except
as otherwise permitted under this section
C. Inoperable or junked vehicles may be stored on private property under the
following circumstances:
1. If the vehicle is on the premises of a business enterprise operated in a
lawful place and manner and licensed by the town and the storage of the
vehicle is necessary to the operation of the business enterprise.
2. If there are no more than two vehicles on the private property and they are
lawfully enclosed within:
An enclosed garage or other permanent building lawfully constructed of
apaque materials without openings, holes or gaps other than doors and
windows; or
b. A carport, and the body of the vehicle is completely covered by an
opaque car cover; or
c. Any fence, wall or barrier, not less than five feet in height, constructed of
opaque materials withaut openings, holes or gaps other than gates or
doors, and the fence, wall or barrier completely encloses the vehicle and
screens it from view from any adjacent properties, and is equipped with
self-latching gates or doors.
11-7-3 Persons responsible
Whenever the town finds that any inoperable or junked vehicle is stored on
private property or an any abutting sidewalks, streets, rights-of-way or alleys in
violation of this chapter, the persons responsible for the violation include the
recorded owner, occupant or person in control of the private property, as well as
the registered owner or custodian of the vehicle.
11-7-4 Classification; enforcement
Violation of this chapter is a civil infraction and shall be enforced pursuant to
chapter 5-7 of this code.
SECTION 2. Section 11-9-1 of the Marana Tawn Code is hereby revised as follows
with added te� shown with double underlinins and deletions shown with °*r;'�° �„+ +°�:
11-9-1 General
Excetit as otherwise �rovided in this title, �any violation of this title e��
s��i�er "�'' ^'��"'�^ is a class 1 misdemeanor.
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SECTION 3. The various town of�icers and employees are authorized and directed to
perfarm all acts necessary or desirable to give effect to this ordinance.
SECTION 4. All ordinances, resolutians, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
SECTIC?N 5. 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 af any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION b. This ordinance shall become effective on the thirty-first day after its
adoption.
PASSED AND ADOPTED BY THE MA�OR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17 day of July, 2012.
ATTEST:
celyn . ronson, Town Clerk
�
Mayor H ea
Marana Qrdinance No. 2012.06 Page 3 of 3 5/2112012 JF
APPROVED AS TO FORM: