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F. ANN RODRIGUEZ, RECORDER
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DEPUTY RECORDER
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TOWN OF MARANA
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MARANA ORDINANCE NO. 2014.008
RELATING TO HEALTH AND SANITATION; AMENDING TOWN CODE CHAPTER 10 -6
(SPECIAL EVENTS PERMIT); RENAMING CHAPTER 10 -6 AS "SPECIAL EVENTS ";
AMENDING THE DEFINITION OF "SPECIAL EVENTS" AND OTHER DEFINITIONS;
AMENDING PROVISIONS RELATED TO EXEMPTIONS TO THE SPECIAL EVENT
PERMITTING PROCESS; AMENDING THE APPLICATION AND APPLICATION REVIEW
PROCESSES; AMENDING PROVISIONS RELATED TO THE ISSUANCE OR DENIAL OF
A PERMIT AND GROUNDS THEREFOR; AMENDING PROVISIONS RELATED TO
CLASSIFICATION OF VIOLATIONS TO CLARIFY VIOLATIONS ARE CIVIL
INFRACTIONS; ADDING NEW SECTION 10 -6 -11 RELATING TO PERMIT
REVOCATION; RENUMBERING CHAPTER 10 -6 THROUGHOUT TO CONFORM TO
CHANGES; AND DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council is authorized by A.R.S. § 9 -240 to define, abate and
remove nuisances and to prevent, suppress and punish any riot, rout, affray, disorderly noise or
disturbance in any public or private place within the town; and
WHEREAS the Town Council adopted Ordinance No. 2007.18, adding Chapter 10 -6
"Special Events Permit" to the Marana Town Code to provide fair and reasonable regulations
governing the time, place, and manner in which a special event may take place, and to provide
for the health, safety and welfare of the public and to assist the town and its appropriate officers
in enforcing the applicable provisions of A.R.S. title 9 and title 36; and
WHEREAS the Town Council finds that revising Chapter 10 -6 of the Marana Town
Code regarding special event permits 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. The title of Marana Town Code Chapter 10 -6 is hereby renamed "Special
Events."
SECTION 2. The amendments to the Marana Town Code Chapter 10 -6, three copies of
which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were
made a public record by and attached as Exhibit A to Resolution No. 2014 -025 of the Town of
Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set
out here.
Ordinance No. 2014.008 - I -
13
SECTION 3. The following penalty clause is included in that portion of Chapter 10 -6
amended pursuant to this ordinance:
10 -6 -10 Classification; enforcement; continuing violations
A. Whenever in this chapter any act is prohibited or declared to be unlawful, or
the doing of any act is required, or the failure to do any act is declared to be
unlawful, the violation of that provision is a civil infraction.
B. This chapter may be enforced in any manner provided for by town
ordinances and state laws.
C. Each day any violation continues shall constitute a separate offense.
SECTION 4. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 5. 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 6. 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 7. 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 4 day of March, 2014.
Mayor Ell Honea
ATTEST:
//. i /�� .
;I Bron Cle
APPROVED AS TO FORM:
t# Cassid Town Atto
Ordinance No. 2014.008 -2-
MARANA RESOLUTION NO. 2014-025
RELATING TO HEALTH AND SANITATION; DECLARING AS A PUBLIC RECORD
FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE
NO. 2014.008 TO MARANA TOWN CODE CHAPTER 10 -6 (SPECIAL EVENTS PERMIT)
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town Code Chapter 10 -6 (Special
Events Permit), a copy of which is attached to and incorporated in this resolution as Exhibit A
and three copies of which are on file in the office of the Town Clerk, are hereby declared to be a
public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4 day of March, 2014.
Mayor Ftd Honea
ATTEST:
4 celyn ronson, Town Clerk
AS TO FORM:
Resolution 2014025
EXHIBIT A TO MARANA RESOL UTION NO. 2014 -025
Amendment to the Marana Town Code, Chapter 10 -6 "Special Events Permit" pursuant to
Marana Ordinance No. 2014.008
SECTION 1. Section 10 -6 -1 of the Marana Town Code is hereby revised as follows
with added text shown with double underlining and deletions shown with strike out tex4
10 -6 -1 Purpose; definitions
A, The purpose of this chapter is to establish a process for permitting and
regulating certain temporary activities conducted on public property or private
property when public safety is potentially impacted. This chapter is adopted
pursuant to the authority of A.R.S. § 9 -240, as amended, and is intended to
provide fair and reasonable regulations governing the time, place, and manner in
which a special event may take place, and in doing so, to provide for the health,
safety and welfare of the public and to assist the town and its appropriate
officers in enforcing the applicable provisions of A.R.S. title 9 and title 36.
B-. Fer the p urpose o f t hi s ,.1,., the following d ns x1.,.,11 ., p l y upAess the
1. "Special event4'
o t "
ii. T-Sheld- i-:R
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a publie park or- on publ4e
i ees
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defined below)
i.
, upAess spiRever- (as
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a. Extfa duty law e4or-eement offieer-s er- other- security serviees afe used,
and
100036944.DOCX /1 1
defined below)
i.
, upAess spiRever- (as
is � ef
a. Extfa duty law e4or-eement offieer-s er- other- security serviees afe used,
and
100036944.DOCX /1 1
EXHIBIT A TO MARANA RESOL UTION NO. 2014 -025
Amendment to the Marana Town Code, Chapter 10 -6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014.008
SECTION 2. New section 10 -6 -2 entitled "Definitions" is hereby added to the Marana
Town Code as follows and the sections that follow are renumbered to conform:
10 -6 -2 Definitions
The following definitions shall apply throughout this chapter unless the context
clearly indicates or requires a different meaning.
A. "Permit clerk" means the town employee designated and authorized by the
town manager to accept and process applications for special events permits.
B. "Person' means a corporation, firm, association, organization, and any other
group acting as a unit, as well as an individual.
C. "Special event" means any of the following:
1. Any indoor or outdoor public gathering or celebration that uses town -
owned property, including public right -of -way, for any of the following
activities:
a. Entertainment
b. Dancing
c. Music
d. Dramatic productions
e. Amusements, festivals or carnivals
f. Sale of merchandise, food, or alcohol, including sidewalk sales
g. Parades, walks, bicycle rides, runs, block parties or other events that
will not comply with normal or usual traffic regulations or controls, or
are likely to impede, obstruct, impair or interfere with the free flow of
traffic
2. Any activity taking place on private or town -owned property that requires
a state - issued special event liquor license.
3. Any activity taking place on private or town -owned property that, in the
opinion of the town manager or designee requires town services to a
degree significantly over and above that routinely provided under
ordinary circumstances.
4. Any activity taking place on private or town -owned property that, in the
opinion of the planning administrator, involves a substantial deviation
from the current legal land use or legal nonconforming use.
100036944.DOCX /1 2
EXHIBIT A TO MARANA RESOLUTION NO. 2014 -025
Amendment to the Marana Town Code, Chapter 10 -6 "Special Events Permit" pursuant to
Marana Ordinance No. 2014.008
SECTION 3. New section 10 -6 -3 entitled "Exemptions" is hereby added to the Marana
Town Code as follows and the sections that follow are renumbered to conform:
10 -6 -3 Exemptions
The provisions of this chapter shall not apply to any of the following activities:
A. School functions at school facilities.
B. Ordinary and customary events at a venue designed to accommodate them.
C. Events produced by the town. For purposes of this section, "events produced
by the town' means events organized primarily by the town, and does not
include events that the town merely supports, sponsors or promotes.
SECTION 4. Existing section 10 -6 -2 of the Marana Town Code (renumbered as section
10 -6 -4 by sections 2 and 3 of this ordinance), is hereby revised as follows with added text shown
with double underlining and deletions shown with str ke out teK4
10- 6- 4 10 6-2 Permit required non - transferable
A. In addition to any other permits, licenses, taxes or requirements imposed by
the town, any person wishing to operate, maintain or conduct a special
event within the town must first obtain a permit to do so. No permit shall be
issued until all conditions required pursuant to this chapter have been met
and fulfilled. The maximum number of people permitted at any event will be
based upon the nature of the event and the physical capacity of the site where
the event will take place.
B All special event permits issued pursuant to this chapter are non - transferable
SECTION 5. Existing section 10 -6 -3 of the Marana Town Code (renumbered as section
10 -6 -5 by sections 2 and 3 of this ordinance), is hereby revised as follows with added text shown
with double underlining and deletions shown with stfike out to :
10-6-5 Application process fees
A. The applicant or the applicant's authorized representative shall submit
written application to the t e clerk on the form provided by the
town for that purpose The applicant must submit the application with
enough advance time to allow the town to complete its review process prior to
the event. The town reserves the ri hg t to re
ect an application if the town
determines there is insufficient time to complete the review process. must be
submdtted at least 30 Elays before the first day of the proposed sigeeial event.
B. Each application shall be accompanied by any applicable fees as set forth in
the fee schedule approved by the council and amended from time to time.
Applications submitted less than seven days before the event, if accepted for
processing by the town, shall be suhect to an expedited review fee as set forth
in the fee schedule.
100036944.DOCx /1 3
EXHIBIT A TO MARANA RESOL UTION NO. 2014 -025
Amendment to the Marana Town Code, Chapter 10 -6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014.008
C -9. The application A ny per—son d es i r i ng to o pera te , spee ial event shall c;r„
shall contain the following
facts and information:
1. The name, age, r-esiden telephone number and mailing address of the
person making the application. If the person making the application is
acting on behalf of an organization, the person shall also include the name
of the organization and the title of the person making the application.
applicant may maprovide the organization's mailing address and telephone
number in lieu of the applicant's own address and telephone number.
2. The address or legal description and present zoning of the place or
premises where the proposed event is to be conducted, operated or carried
on.
3. A description of the event, including activities, anticipated attendance,
entertainment, and type of retail sales if applicable.
4. The dates and times for which the permit is sought.
5. An estimate of the number of customers, spectators, participants and other
persons intended, calculated or expected to attend the event for each day it
is conducted.
6. A site map or sketch showing the location of the property in relation to
surrounding properties, the area to be used, the access to the property and
the location of any proposed facilities, parking areas, vending areas, stages
and other principal features of the venue.
7. Information regarding the factors listed in section 10 -6 -6.
8. AM other information the permit clerk may reasonably require.
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{00036944.DOCX /} 4
EXHIBIT A TO MARANA RESOL UTION NO. 2014 -025
Amendment to the Marana Town Code, Chapter 10 -6 "Special Events Permit" pursuant to
Marana Ordinance No. 2014.008
SECTION 6. Existing section 10 -6 -4 of the Marana Town Code (renumbered as section
10 -6 -6 by sections 2 and 3 of this ordinance), is hereby revised as follows with added text shown
with double underlining and deletions shown with str ke out to :
10 -6-6 10-6 -4 Application review dons
A Procedure Upon receipt of the application the permit clerk shall circulate the
application for review by the appropriate town departments and bythe
Northwest Fire District The departments shall review the application and
may require reasonable supplementation of the information in the application
if necessary. The departments shall consider the factors listed in this section
and may impose permit conditions related to these factors or to the potential
impact of the event upon town resources.
B A. Noise impacts Sys. The town shall evaluate noise impacts related to
the event and may impose conditions related to minimizing those impacts. It
x1,.,11 b , „1., <.,F<,1 F,.« a ny e ntity o r. ope ration at ..1 to eve ", � v
create a ny amp lifi ed noise, or to a l l ei v dh a ,,..,-: e of ,.hfie,1 .,
ai ..>r r&L r�.aau�.
C9. Sanitation.
4.-. The appikant shall previde fflnd maintain. Adequate toilet and hand
washing facilities and trash receptacles shall be maintained at all times
during the event. The town may require the applicant to provide facilities
or receptacles in addition to those existing at the event site due to that
adequat the anticipated maximum attendance and event duration as
by the town clerk.
_. The -capph n s h a ] l pro vide and ,eta; an a dequate n o f t
a A11 F....a < ..da.e «s s 11 pl < 4t the « is of the „ ,., y heal
u a
D E. Security. The applicant may be required, at the applicant's expense, to
provide security services, and /or extra -duty law enforcement officers for
event security, as determined by the chief of police.
1. In making the determination of the need for security services, the chief of
police shall consider the event nature, anticipated attendance, access to
alcohol, ticket or money handling and any other factors deemed relevant.
2. If private security services are to be used, the chief of police must approve
the security service provider and the security plan for the event.
3. If extra -duty law enforcement will be used, the town will coordinate the
hiring of officers and the security plan preparation.
100036944.DOCX /1 5
EXHIBIT A TO MARANA RESOL UTION NO. 2014 -025
Amendment to the Marana Town Code, Chapter 10 -6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014.008
E -P. Medical services. The applicant may be required at the applicant's expense,
to furnish medical services to the event as determined by Northwest Fire
District
1. Conditions which may warrant this requirement include the expected
temperatures during the event, the nature of the event, expected
attendance, age of the expected attendees, and accessibility of the event
venue to emergency vehicles.
2. I the If medical services are used at the event, the medical services
plan shall be approved by the chief of police and Northwest Fire District.
F -E. Lighting. Even which take place —mere afftendees may still be
present after diax-d-c- v.4-11-be required to provide adequate i4lan4nafien of aR use
areas, sanitation facilities, parking areas and areas of pedestrian travel must
be adequately illuminated at all times during the event by existing or
additional lighting The town may require the applicant to submit a lighting
plan If lighting is required for- the event-, a lighting plan shall be subffdtted to
development eade.: outdoor- lighfing-.
GF. Parking. Adequate parking shall be provided for all special event T•�•�ut
spillever.
1. I n the eve ni If temporary parking areas are to be used, the applicant must
prepare and submit a parking layout and circulation plan sha4l be pr-epared
and for approval by the towns traffic engineering division.
2. In temporary parking areas, all parking spaces shall be adequately marked
and dust control measures shall be undertaken pew.
H G. Traffic control. The applicant must provide A vehicular access to
the event venue shall be require for the general public and emergency
vehicles.
1. If the access points to the event venue may present safety or capacity
concerns based on dew net h e adequate eapaefty er the expected
ingress /egress traffic volumes, temporary traffic control measures will be
required.
2. Where temporary traffic control measures are to be employed, a traffic
control plan must be submitted for approval by the towns traffic
engineering division.
14. Appropriate zepdng. The venue for a special event shall have the appropriate
zoning fer- the pr-eposed event.
1. Signa AR signage to be em ployed i n the advertisement o f the s ,,,.;.,1 yr +
^l..,ll b ; eef "Iianee with +;+i„ 16 o f th land development eo d.,. .
and is subjeet te approval by the planning dir-eEton
100036944.DOCX /} 6
EXHIBIT A TO MARANA RESOLUTION NO. 2014 -025
Amendment to the Marana Town Code, Chapter 10 -6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014.008
1j. Sales. All event vendors shall hold a current Marana business license —This
inelu es including the applicant if tickets to the event are to be sold.
1. All merchandise and ticket sales are taxable in accordance with the laws of
the state of Arizona.
2. Tickets to an event shall not be sold prior to approval of the special event
permit.
3 All food vendors shall also hold a current county health department permit
for food handling and sales if required by pplicable county regulations
JK. Insurance. A certificate of insurance and additional insured endorsement,
evidencing_ insurance in the amounts and types determined by the town and
naming the town of Marana as additional insured, shall be required if the
event is being held on town property, as a town park or town right-of-
Ma
= y-
1. The amount and type of insurance required for a special event shall be
determined by the town on a case by case basis aced up the
e provider- to the to
2. The appliEai# shall provide At a minimum,- the applicant shall provide
proof of commercial general liability of $1,000,000 per occurrence and
$2,000,000 aggregate
3. Insurance certificates and endorsements must be provided to the to
e clerk prior to the event date.
K Other requirements Applicants may be required to meet any other
requirements necessary to ensure that the special event is conducted in a safe
and appropriate manner.
SECTION 7. New section 10 -6 -7 entitled "Permit issuance or denial; request for
additional information; review by town manager" is hereby added to the Marana Town Code as
follows and the sections that follow are renumbered to conform:
10 -6 -7 Permit issuance or denial; request for additional information; review by
town manager
A. The permit clerk shall respond to the applicant within ten business days of the
submission of a completed application. The permit clerk shall either issue the
requested permit, with or without imposed conditions, request additional
information from the applicant, or deny the permit.
B. The applicant shall provide additional information within five business days
of receipt of a request for additional information from the permit clerk.
C. If the permit is denied, the permit clerk shall provide written notice of the
denial to the applicant. The notice shall include a statement of the reasons the
100036944.DOCX /1 7
EXHIBIT A TO MARANA RESOL UTION NO. 2014 -025
Amendment to the Marana Town Code, Chapter 10 -6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014.008
application was denied and may be delivered by first class mail or electronic
mail.
D. If the applicant disagrees with a decision to deny a permit, the applicant may
file a request for reconsideration with the town manager within ten days of
denial of the permit.
1. The town manager or designee shall issue a written decision to the
applicant within five days of the receipt of the request for reconsideration.
2. The decision of the town manager or designee is final and not subject to
any further administrative review.
SECTION 8. Existing section 10 -6 -5 of the Marana Town Code (renumbered as section
10 -6 -8 by sections 2, 3 and 7 of this ordinance), is hereby revised as follows with added text
shown with double underlining and deletions shown with stFike etA WK4
10- 6- 8 10 6-5 Grounds for denial
A. Feviewing the applieation , T he tee e clerk may deny
issuanc=e -o a lieense special event permit if for any of the following reasons
apply:
A 4. That tThe applicant has failed to meet the conditions imposed pursuant to
this subchapter including failure to provide requested additional information
regarding the event or application within the time period set forth in this
B 2. T4titt tThe proposed event is intended to be conducted in a manner or
location not meeting the health, zoning, fire or safety standards established by
rules or regulations of the town, the laws of the state of Arizona,, or rules and
regulations adopted by any of its agencies or the town finds that that the
intended activity would otherwise be detrimental to the health, safety or
welfare of either the general public or of nearby residents or owners of nearby
C 9. That t applicant has knewingly made any false, misleading or fraudulent
statement of material fact in the application for permit or in any other
document required pursuant to this seetien chi;
D 4. T4a tThe applicant, his or her employee, agent or any person associated
with the applicant as partner, director, officer, stockholder, associate or
manager, has been convicted in a court of competent jurisdiction, by final
judgment, of an offense:
1 a. Involving the presentation, exhibition or performance of an obscene
production, motion picture or play, or of selling obscene matter;
2b. Involving lewd conduct;
3e. Involving the use of force and violence upon the person of another;
4d. Involving misconduct with children; or
100036944.DOCX /) 8
EXHIBIT A TO MARANA RESOL UTION NO. 2014 -025
Amendment to the Marana Town Code, Chapter 10 -6 "Special Events Permit"
pursuant to Marana Ordinance No. 2014.008
5e. An offense against the provisions of Arizona law respecting narcotics and
dangerous drugs, or of any equivalent offense under the law of any other
state which if committed in Arizona would have been a violation of the
Arizona statutory provisions.
E 5. T4at tThe scheduled date of the event conflicts with other previously
scheduled events such that it will result in an undue impact on the town's
resources and staff.
F The applicant is delinquent in payment to the town of taxes fees, fines or
penalties assessed against or imposed upon the applicant in relation to or
arising out of any business activity or previous special event of the applicant.
G The applicant has failed to apply for or obtain all other necessary permits or
licenses for the special event.
B. 141 th ., ..1;,,afien ,-; ,1., / th t eywfl ..l shall mail .. ,-.1;
t th ea
written nefice of dfah-Fee - days 'the efien— The ne#ee -sal
r e�uElliir� i3eirt A ci c &s "r,
the demied. The apphesan
may request a reviev of flh-is d-e-miall by the town manage r. YA.uh o- ;441-1 Seh-edule a
appheation`
SECTION 9. Existing section 10 -6 -6 of the Marana Town Code (renumbered as section
10 -6 -9 by sections 2, 3 and 7 of this ordinance), is hereby revised as follows with added text
shown with double underlining and deletions shown with strike ^„+ to :
10- 6- 9 10 -6-6 Waivers
At the discretion of the town manager, , application submittal
requirements or permit conditions may be waived.
SECTION 10. Existing section 10 -6 -7 of the Marana Town Code (renumbered as section
10 -6 -10 by sections 2, 3 and 7 of this ordinance), is hereby revised as follows with added text
shown with double underlining and deletions shown with stfike out to :
10- 6- 10 -6 Classification; enforcement; continuing violations, al ies-
A. Whenever in this chapter anv act is prohibited or declar to be unlawful, or
the doing of anv act is required or the failure to do anv act is declared to be
unlawful, the violation of that provision is it a civil infraction
B. This chapter may be enforced in anv manner provided for by town ordinances
and state laws Failure to a d> p-:-F , } e- 1- ^ n dit ons of a spec „ el A per-m
be -a wdsdemeaner- offense.
C. Each d violation continues ^f the conditions of a special event „ mit,
or- the pr-evi-sions effseetion 40 6 4, shall constitute a separate offense.
D . A con -Acted of ; e 0, n o f d chapter_ x1....11 be guilty o f ., e l as s 7
a u �.auoo c.
100036944.DOCX /1 9
EXHIBIT A TO MARANA RESOLUTION NO. 2014 -025
Amendment to the Marana Town Code, Chapter 10 -6 "Special Events Permit pursuant to
Marana Ordinance No. 2014.008
SECTION 11. New section 10 -6 -11 entitled "Permit revocation; effect of revocation on
prosecution" is hereby added to the Marana Town Code as follows:
10 -6 -11 Permit revocation; effect of revocation on prosecution
A. In addition to any other remedy available as a matter of law, violations of this
chapter or of any permit conditions may result in revocation of a special event
permit and the discontinuation or closing of my pecial event.
B Revocation of a special event permit shall not be a defense against prosecution
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