HomeMy WebLinkAboutOrdinance 2013.029 amending title 5 of the town code relating to civil code violations and civil code complaintsr-r,
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F. ANN RODRIGUEZ, RECORDER
Rpcorded By: JAL
SMARA
TOWN OF MARANA
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DEPUTY RECORDER
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20133610166
12/27/2013
12:33
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MARANA ORDINANCE NO. 2013.029
$7.00
RELATING TO MUNICIPAL COURT; AMENDING TOWN CODE TITLE 5(MUNICIPAL
COURT); AMENDING SECTION 5-7-2 RELATED TO COMMENCEMENT OF ACTION TO
MODIFY THE METHODS OF COMMENCING CIVIL CODE VIOLATION CASES;
AMENDING SECTION 5-7-4 RELATED TO AUTHORITY TO DETAIN PERSONS TO
SERVE CIVIL CODE COMPLAINTS TO ADD REFERENCE TO THE ARIZONA TRAFFIC
TICKET AND COMPLAINT; AND DESIGNATING 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. Section 5-7-2 of the Marana Town Code is hereby revised as follows (with
added text shown with double underlinin� and deletions shown with �*r;'�° �„* *°°*):
5-7-2 Commencement of action; jurisdiction of Marana municipal court
A.
. A civil
code violation case shall be commenced within one year of the alleged violation.
B. A peace officer mav commence a civil code violation case bv issuin� and
personallv servin� an Arizona Traffic Ticket and Com�laint as �rovided in
A.R.S. � 13-3903.
C. Ar;� r���� ���_^^�- ^r �ode compliance officer, as defined in chapter 1-9 of this
code, may commence a civil code violation case bv �e iss� a uniform civil
code complaint pursuant to this chapter.
D. , The town attorney or designee may commence a civil code
violation case bv €�e fil� a long form civil code complaint with the Marana
municipal court. Upon receipt of the long form civil code complaint, the Marana
municipal court shall issue a summons.
.EE. The Marana municipal court shall have jurisdiction over all civil violations of
the town code, the land development code or other town ordinances.
Marana Ordinance 2013.029
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SECTION 2. Section 5-7-4 of the Marana Town Code is hereby revised as follows (with
added text shown with double underlinin�):
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
uniform civil code complaint or Arizona Traffic Ticket and Complaint.
[Paragraph B remains unchanged]
SECTION 3. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 4. All ordinances, resolutions, 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.
SECTION 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 of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 6. 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 17 day of December, 2013.
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Mayor Ed Honea
ATTEST: APPROV D AS TO FORM:
f �
celyn . ronson, Town Clerk Fr Cassi , own Attorney
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Marana Ordinance 2013.029 - 2 -