HomeMy WebLinkAboutMarana Town Code Revised as of 11/15/2005OFFICIAL CODE OF THE
TOWN OF MARANA,
ARIZONA
11
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This is the official codification of the ordinances of the town
of Marana (excluding the ordinances codified in the land de-
velopment code and the various codes incorporated by ref-
erence into the town code), reformatted and updated by Or-
dinance No. 2005.22, with revisions through Ordinance
No. 2005.22, adopted on November 15, 2005.
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�RIZON�
MARANA TOWN CODE
TITLE 1. GENERAL
TITLE 2. MAYOR AND COUNCIL
TITLE 3. ADMINISTRATION
TITLE 4. POLICE DEPARTMENT
TITLE 5. MUNICIPAL COURT
TITLE 6. ANIMAL CONTROL
TITLE 7. BUILDING
TITLE 8. TRANSACTION PRIVILEGE TAX
TITLE 9. BUSINESS REGULATIONS
TITLE 10. HEALTH AND SANITATION
TITLE 11. OFFENSES
TITLE 12. TRAFFIC
TITLE 13. PARKS & RECREATION
TITLE 14. WATER
TITLE 15. MARANA REGIONAL AIRPORT
TITLE 16. UTILITIES BOARD
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Titiel
General
CHAPTER 1 -1
CHAPTER 1 -2
CHAPTER 1 -3
CHAPTER 1 -4
CHAPTER 1 -5
CHAPTER 1 -6
CHAPTER 1 -7
CHAPTER 1 -8
HOW CODE DESIGNATED AND CITED ................................. ..............................1
CONSTRUCTION OF ORDINANCES ...................................... ..............................1
DEFINITIONS ............................................................................ ..............................1
REFERENCE TO CODE; CONFLICTING PROVISIONS ........ ..............................2
SECTIONHEADINGS .............................................................. ..............................3
EFFECT OF REPEAL ............................................................... ..............................3
SEVERABILITY OF PARTS OF THE CODE ........................... ..............................4
PENALTY ................................................................................. ............................... 4
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Title 1. General
TITLE 1. GENERAL
Title 1 was adopted by Ordinance
Chapter 1 -1 HOW CODE DESIGNATED AND CITED
No. 95.31
The ordinances embraced in the following titles and sections shall
constitute and be designated "The Code of the Town of Marana, Ari-
zona," and may be so cited. This code may also be cited as the "Ma-
rana Town Code."
Chapter 1 -2 CONSTRUCTION OF ORDINANCES
The rules and the definitions set forth in this title shall be observed in
the construction of this code and the ordinances of the town unless the
construction would be inconsistent with either the manifest intent of the
council, the context of this code or the ordinances of the town.
Chapter 1 -3 DEFINITIONS
Section 1 -3 -1 General rule regarding definitions
All words and phrases shall be construed and understood according to
the common and approved use of the language, but technical words
and phrases and any others that may have acquired a peculiar and
appropriate meaning in the law shall be construed and understood ac-
cording to their peculiar and appropriate meaning.
Section 1 -3 -2 Definitions and interpretation
Section 1 -3 -2 was rewritten by Ordinance No.
A. In this code, unless the context or a more specific definition requires
2005.22, which added "and interpretation" to
otherwise, the following terms shall have the following meanings:
the title, split the provisions into definitions
and rules of interpretation, simplified the Ian-
1. "Code" means the town code of the town of Marana, Arizona, in
guage, deleted definitions of words not used
cluding those portions codified in this volume, those portions
in the code, and added definitions of "fire
codified separately, and those separate codes and provisions in-
chief" and "fire department"
corporated by reference.
2. "Council" means the town council of the town of Marana.
3. "County" means Pima County, Arizona.
4. "Day" is the period of time between midnight and the following
midnight.
5. "Fire chief' means the fire chief of the fire department or a person
duly authorized to act on his or her behalf.
6. "Fire department" means the fire district that has jurisdiction over
the geographic area in question. When a provision does not ap-
ply to a particular geographic area, "fire department" means the
Northwest Fire District.
7. "Mayor" means the mayor of the town of Marana.
8. "Month" means a calendar month.
9. "Oath" includes an affirmation in all cases in which, by law, an af-
firmation may be substituted for an oath, and in those cases the
words "swear" and "sworn" shall be equivalent to the words "af-
firm" and "affirmed."
10. "Owner" includes any whole or part owner, joint owner, tenant in
common, joint tenant or lessee.
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Title 1. General
11. "Person" means any natural person or any association, firm, in-
dividual, partnership, joint stock company, joint venture, trust,
corporation, limited liability company, society, syndicate, busi-
ness or other legally recognized entity, private or public, whether
for - profit or not - for - profit.
12. "Personal property" includes every type of property except real
property.
13. "Preceding" and "following" mean next before and next after, re-
spectively.
14. "Property" includes real property and personal property.
15. "Real property" means lands, tenements and hereditaments.
16. "Section" means section, subsection, or provision.
17. "Shall" is mandatory and "may" is permissive.
18. "Shall have been" includes past and present and future cases.
19. "Signature" includes a mark when the signer cannot write, the
signer's name being written near the mark by a witness who
writes his or her own name near the signer's name, but a signa-
ture by mark may be acknowledged or may serve as a signature
to a sworn statement only when witnessed by two people who
sign their own names to the document.
20. "State" means the state of Arizona.
21. "Town" means the town of Marana, Pima County, Arizona. "In
the town" or "within the town" mean and include all territory over
which the town has jurisdiction for the exercise of its police pow-
ers or other regulatory powers as authorized by statute.
22. "Week" means seven consecutive days.
23. "Writing" means any form of recorded message capable of com-
prehension by ordinary visual means.
24. "Year" means a calendar year.
B. In this code, unless the context requires otherwise, the following
rules of interpretation shall apply:
1. When an act is required to be done which may by law as well be
done by an agent as by the principal, the requirements shall be
construed to include all acts by an authorized agent.
2. Whenever this code refers to a department, board, commission,
committee, office, officer or employee, it shall mean a depart-
ment, board, commission, committee, office, officer or employee
of the town of Marana unless the context requires otherwise.
3. Words of the masculine gender include the feminine, words in the
singular include the plural and words in the plural include the
singular.
4. Words purporting to give joint authority to a group of three or
more town officers or other persons shall be construed as giving
the authority to a majority of those officers or other persons
unless the law giving the authority expressly declares otherwise.
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1 -2
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Title 1. General ()
5. The present tense includes the past and future tenses, and the
future includes the present.
6. The time within which an act is to be done as provided in this
code or in any order issued pursuant to any ordinance, when ex-
pressed in days, shall be computed by excluding the first day
and including the last, except that if the last day is a Saturday,
Sunday or holiday it shall be excluded, and when the time within
which an act is to be done is expressed in hours, the whole of
Saturday, Sunday or a holiday, from midnight to midnight, shall
be excluded.
7. A reasonable time means the amount of time needed for prompt
performance.
8. Whenever any notice, report, statement or record is required or
authorized, it shall be made in writing in the English language.
Chapter 1 -4 REFERENCE TO CODE; CONFLICTING
PROVISIONS
Section 1 -4 -1 Additional rules of construction
In addition to the rules of construction specified in chapter 1 -2 and
chapter 1 -3, the rules set forth in this chapter shall be observed in the
construction of this code.
Section 1 -4 -2 References to this code
All references to titles, chapters or sections are to the titles, chapters
and sections of this code unless otherwise specified.
Section 1 -4 -3 Conflicting provisions - different titles
If the provisions of different titles of this code conflict with or contra-
vene each other, the provisions of each title shall prevail as to all mat-
ters and questions growing out of the subject matter of that title.
Section 1 -4 -4 Conflicting provisions - same title
If conflicting provisions are found in different sections of the same title,
the provisions of the section which is last in numerical order shall pre-
vail unless that construction is inconsistent with the meaning of that
title.
Chapter 1 -5 SECTION HEADINGS
Headings of the several sections of this code are intended as a con-
venience to indicate the contents of the section and do not constitute
part of the law.
Chapter 1 -6 EFFECT OF REPEAL
When any ordinance repealing a former ordinance, clause or provision
shall be itself repealed, the repeal shall not be construed to revive the
former ordinance, clause or provision, unless it is expressly so pro-
vided. The repeal of an ordinance shall not affect any punishment or
penalty incurred before the repeal took effect or any suit, prosecution
or proceeding pending at the time of the repeal, for any offense com-
mitted under the ordinance repealed.
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Title 1. General
Chapter 1 -7 SEVERABILITY OF PARTS OF THE CODE
The sections, paragraphs, sentences, clauses and phrases of this
code shall be severable, and if any provision of this code is held un-
constitutional for any reason by a court of competent jurisdiction, the
unconstitutionality shall not affect any of the remaining provisions of
the code.
Chapter 1 -8 PENALTY
Section 1 -8 -1 General violations
Except as otherwise provided in this code, any person found guilty of
violating any provision of this code shall be guilty of a class 1 misde-
meanor. Each day that a violation continues shall be a separate of-
fense.
Section 1 -8 -2 Traffic violations
Any violation of or failure or refusal to do or perform any act required
by title 12 of this code or title 28, Arizona Revised Statutes constitutes
a civil traffic violation. Civil traffic violations are subject to the provi-
sions of title 28, title 6, chapters 20 and 21, Arizona Revised Statutes
and amendments to them.
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Title 2
CHAPTER 2 -1
CHAPTER 2 -2
CHAPTER 2 -3
CHAPTER 2 -4
CHAPTER 2 -5
CHAPTER 2 -6
CHAPTER 2 -7
CHAPTER 2 -8
CHAPTER 2 -9
CHAPTER 2 -10
Mayor and Council
COUNCIL .................................................................................. ..............................1
COUNCILELECTION ............................................................... ..............................2
MAYOR AND VICE MAYOR .................................................... ..............................5
COUNCILPROCEDURE .......................................................... ..............................6
ORDINANCES, RESOLUTIONS AND CONTRACTS ............ .............................14
STANDING BOARDS, COMMITTEES AND COMMISSIONS .............................15
SPECIAL COMMITTEES ......................................................... .............................16
PLANNING AND ZONING COMMISSION .............................. .............................16
BOARD OF ADJUSTMENT ..................................................... .............................18
INDEMNIFICATION OF OFFICERS AND EMPLOYEES ....... .............................19
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Title 2. Mayor and Council ()
TITLE 2. MAYOR AND COUNCIL
Chapter 2 - 1 COUNCIL
Title 2 was adopted by Ordinance
Section 2 -1 -1 Elected officers
No. 96.13
The elected officers of the town shall be a mayor and six council mem-
bers. The mayor and council members shall constitute the council and
shall continue in office until assumption of duties of office by their duly
section 2 -1 -1 was amended by Or-
elected successors. The mayor and council members shall serve four
d�nance No. 99.11, providing for
direct election of the mayor.
year overlapping terms.
Section 2 -1 -2 Corporate powers
The corporate powers of the town shall be vested in the council and
shall be exercised only as directed or authorized by law. All powers of
the council shall be exercised by ordinance, resolution, order or mo-
tion.
Section 2 -1 -3 Duties of office
Members of the council shall assume the duties of office immediately
section 2 -1 - 3 was amended by Ordi-
upon being sworn in, which shall occur within 20 days following the
p g y g
nance No. 99.11.
date of the general election.
Section 2 -1 -4 Vacancies
Section 2 -1 -4 was amended by Ordinance
A. The council shall fill by appointment for the unexpired term any va-
No. 99.11
cancy on the council that may occur for whatever reason, by the fol-
lowing procedure:
1. Whenever a vacancy on the town council occurs, the town clerk
shall advertise, post, and give public notice of the vacancy and
availability of a seat on the town council.
2. Those interested in filling the vacancy shall submit to the town
clerk an application, resume, and other support materials as de-
sired, and the town clerk shall distribute all the materials to all
remaining council members.
3. Thereafter, the council will fill the vacant seat by a majority vote.
The vote will not be by nomination and election, rather it will be
Ordinance No 99.32 deleted former
conducted b maki a motion to a ppoint a certain individual to
y g pp
paragraph 3, which provided for inter-
views of council candidates at a public
the vacant council seat to fulfill the remaining term, and if the
meeting, renumbered former paragraph 4
motion fails for lack of a second or majority vote there may
as paragraph 3, and replaced the words
thereafter be a subsequent motion for a different or the same in-
'At the same council meeting or any
dividual. The council may continue making motions until a motion
council meeting thereafter" with "Thereaf-
to appoint an applicant to the vacant seat is successfully passed
ter" at the beginning of paragraph 3
by a majority of the council.
B. If there is a vacancy in the mayor's position, the council shall elect
one council member willing to serve as mayor, who shall resign his
or her council seat and become the mayor as provided below.
1. If the vacancy in the mayor's position occurs more than
18 months following the commencement of the terms, the ap-
pointed mayor shall complete the elected mayor's term.
2. If the vacancy in the mayor's position occurs within 18 months
following the commencement of the term, then the town shall
schedule a special election for mayor to occur at the next pri-
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Title 2. Mayor and Council ()
mary and general elections of the town, calling for the election of
a mayor to complete the remaining two years of the term. The
appointed mayor shall serve until the newly elected mayor takes
office to complete the remaining two year mayoral term.
Section 2 -1 -5 Oath of office
Immediately prior to assumption of the duties of office, the mayor and
Ordinance No. 99.32 deleted the words "in
public" between "shall" and "take" in section
each council member shall take and subscribe to the oath of office.
2 -1 -5
Section 2 -1 -6 Bond
Prior to taking office, the mayor and every council member shall exe-
cute and file an official bond, enforceable against the principal and
their sureties, conditioned on the due and faithful performance of their
official duties, payable to the state and to and for the use and benefit of
the town or any person who may be injured or aggrieved by the wrong-
ful act or default of the officer in the officer's official capacity. A person
so injured or aggrieved may bring suit on the bond under provisions
identical to those contained in A. R.S. § 38 -260. Bonds shall be in the
amount provided by resolution, and the premium for the bonds shall be
paid by the town. Nothing in this section shall preclude the town from
obtaining a blanket bond pursuant to the provisions of A.R.S. § 9 -302.
Section 2 -1 -7 Financial disclosure statement
Each member of the council shall file a financial disclosure statement
in a form and with the information as provided by resolution of the
council.
Section 2 -1 -8 Compensation
Section 2 -1 -8 was rewritten by Ordinance No.
The compensation of elective officers of the town shall be fixed from
2002.23. The previous version provided for
time to time by resolution of the council.
no compensation except expense reim-
bursement.
Chapter 2 -2 COUNCIL ELECTION
Section 2 -2 -1 Primary election
Any candidate who receives at the primary election a majority of all the
votes cast shall be declared elected to the office for which he or she is
a candidate effective as of the date of the general election, and no fur-
ther election shall be held as to that candidate, provided that if more
candidates receive a majority of the votes than there are offices to be
filled, then those equal in number to the offices to be filled receiving
the highest number of votes shall be declared elected.
Section 2 -2 -2 Non - political ballot
Nothing on the ballot in any election shall be indicative of the support
or political party affiliation of any candidate.
Section 2 -2 -3 General election nomination
If at any primary election held as above provided there is any office for
which no candidate is elected, then as to that office the election shall
be considered to be a primary election for nomination of candidates for
that office, and the second or general municipal election shall be held
to vote for candidates to fill that office. Candidates to be placed on the
ballot at the second or general municipal election shall be those not
elected at the first election, shall be equal in number to twice the num-
ber to be elected to any given office or less than that number if there
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Title 2. Mayor and Council ()
be less than that number named on the primary election ballot, and
persons who receive the highest number of votes for the respective
offices at the first election shall be the only candidates at the second
election, provided that if there be any person who, under the provisions
of this section, would have been entitled to become a candidate for
any office except for the fact that some other candidate received an
equal number of votes for it, then all those persons receiving an equal
number of votes shall likewise become candidates for that office.
Section 2 -2 -4 Election to office
The candidates equal in number to the persons to be elected who re-
ceive the highest number of votes shall be declared elected.
Section 2 -2 -5 Candidate financial disclosure
Each candidate for the office of council member shall file a financial
disclosure statement on a form prescribed by the town clerk when the
candidate files a nomination paper. The statement shall contain such
information as required by state law and resolution of the council.
Section 2 -2 -6 Initiative and referendum
Section 2 -2 -6 was added by Ordinance
A. There is reserved to the qualified electors of the town the power of No. 97.26, which also renumbered the follow -
the initiative and the referendum as prescribed by the state constitu- ing sections to conform
tion. Any initiative or referendum matter may be voted on at the next
ensuing primary or general election, or at a special election called
by the council. Ordinance No. 99.32 deleted "Power Re-
served, Time of Election" from the beginning of
B. Number of signatures paragraph A
1. The total number of registered voters qualified to vote at the last
municipal election, whether regular or special, immediately pre-
ceding the date upon which any initiative petition is filed shall be
computed.
2. The basis upon which the number of qualified electors of the
town required to file a referendum petition shall be as determined
by state law.
C. Time of filing
1. Initiative petitions shall be filed at least 120 days prior to the elec-
tion at which they are to be voted upon.
2. Referendum petitions shall be filed within 30 days of the adoption
of the ordinance or resolution to be referred. If the town clerk is
unable to provide petitioners with a copy of the ordinance or
resolution at the time of application for an official number or on
the same business day of the application, the 30 -day period shall
be calculated from the date the ordinance or resolution is avail-
able.
D. The following procedures relating to sample ballots and publicity
pamphlets are hereby adopted for conducting elections at which an Ordinance No. 99.32 deleted "Sample Ballots
initiative or referendum is to be voted upon: and Publicity Pamphlets from the beginning of
paragraph D
1. A publicity pamphlet, containing the entire text of the official bal-
lot, shall be mailed by the town clerk to each household within
the town in which a registered voter resides, not less than eight
days prior to the election to which the sample ballot pertains.
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Title 2. Mayor and Council ()
2. The pamphlet shall contain the proposition as it will appear on
the ballot together with a summary of each proposition. Each
summary shall be followed by any arguments supporting the
proposition followed by any arguments opposing the proposition.
3. Arguments supporting and opposing propositions appearing on
the ballot shall be filed with the office of the town clerk by 5:00
p.m. not less than 60 days prior to the election at which the
Ordinance No. 98.15 inserted 60 days in
y
place of 30 days �n paragraph (D)(3)
propositions are to be voted upon. Arguments supporting or op-
posing propositions appearing on the ballot shall meet the follow-
ing requirements:
a. Arguments must relate to the propositions proposed by initia-
tive or referred by referendum which will appear on the ballot.
b. Arguments must identify the proposition to which they refer
and indicate whether the argument is in support of or in oppo-
sition to the proposition.
c. Arguments may not exceed 300 words in length.
d. Arguments must be signed by the person submitting them. Ar-
guments submitted by organizations shall be signed on behalf
of the organization by an officer of the organization authorized
to take the action. All persons signing documents shall indi-
cate their residence or post office address.
e. No person or organization shall submit more than one argu-
ment for each proposition to be voted upon.
f. Each argument shall be accompanied by a deposit in the
amount of $250 to offset proportional costs of printing. This
requirement shall not be waived on any account.
Section 2 -2 -7 Automatic recount
A. When the canvass of returns in a special, primary r g eneral town
y g
section 2 -2 -7 was re- numbered by Ordinance
No. 9 7.2 6
election shows that the margin between the successful candidate
receiving the least number of votes and the unsuccessful candidate
receiving the greatest number of votes for council, or the margin be-
tween the number of votes cast for and against initiated or referred
measures, does not exceed five votes, a recount of the vote upon
those candidates, measures or proposals shall be required.
B. When the canvass shows that a recount is required, the council
shall forthwith certify the facts requiring a recount to the Pima
County Superior Court.
C. Upon the court announcing the results of the election recount and
entering an order setting forth its determination as required under
A.R.S. § 16 -665, the town clerk shall forthwith deliver to the candi-
date entitled to them, as certified by the court, the certificate of elec-
tion.
Section 2 -2 -8 Eligibility for office
A person shall not be a member of the town council unless, at the time
section 2 -2 -8 was re- numbered by Ordinance
of election, the person is 18 years old or older, is a qualified elector
No. 9 7.2 6
residing within the town at the time of election, and has resided in the
town for one year next preceding the election, or if an area has been
annexed to the city or town for a period of less than one year next pre-
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Title 2. Mayor and Council ()
ceding the election has resided in the area for one year next preceding
the election. If an annexed area is subject to the provisions of this sub-
section, a person may meet the residency requirements if he or she
has resided within the existing limits of the town for a one -year period.
Chapter 2 -3 MAYOR AND VICE MAYOR
Chapter 2 -3 was amended by Ordinance
Section 2 -3 -1 Vice mayor
No. 99.11
At the first meeting after their election and qualification, but in any
event within 20 days after the date of the general election, the council
members shall choose a vice mayor from among their number by ma-
jority vote. The vote will not be by nomination and election, rather it will
be conducted by making a motion to appoint a certain council member
as vice mayor, and if the motion fails for lack of a second or majority
vote there may thereafter be a subsequent motion for a different or the
same individual. The council will continue making motions until a mo-
tion to appoint a council member as vice mayor is successfully passed
by a majority of the council. The vice mayor shall assume the duties of
the mayor in the absence, disqualification or resignation of the mayor.
Section 2 -3 -2 Acting mayor
In the absence or disability of the mayor, the vice mayor shall act as
the mayor. In the absence of both the mayor and vice mayor, the
Ordinance No. 99.32 amended section 2 -3 -2
council may designate another of its members to serve as acting
by adding the words "the mayor, the vice
mayor who shall have all the powers, duties and responsibilities of the
mayor shall act as the mayor. In the absence
of
mayor during the absence or disability.
Section 2 -3 -3 Term of the vice mayor; removal
The vice mayor shall be selected as set forth in section 2 -3 -1, and
shall serve at the pleasure of the council, but in no event longer than a
two -year term unless he or she is re- appointed as set forth in sec-
tion 2 -3 -1. The vice mayor may be removed prior to the expiration of
his or her term by an affirmative vote of the council, provided that no
matter how many council members are present at the meeting at which
the vote to remove is taken, it shall require an affirmative vote of at
least four council members to effectuate a removal. In the case of the
removal of the vice mayor the council shall select a replacement as
provided in this chapter.
Section 2 -3 -4 Powers and duties of the mayor
The powers and duties of the mayor shall include the following:
A. The mayor shall be the chief executive officer of the town.
B. The mayor shall be the chairman of the council and preside over its
meetings. The mayor may make and second motions and shall
have a voice and vote in all its proceedings.
C. The mayor shall execute and authenticate by his or her signature
the instruments as the council or any statutes, ordinances or this
code shall require.
D. The mayor shall make those recommendations and suggestions to
the council as he or she may consider proper.
E. The mayor may, by proclamation, declare a local emergency to ex-
ist due to fire, conflagration, flood, earthquake, explosion, war,
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Title 2. Mayor and Council
bombing or any other natural or man made calamity or disaster or if
there is the threat or occurrence of riot, rout or affray or other acts
of civil disobedience which endanger life or property within the
town. After declaration of an emergency, the mayor shall govern by
proclamation and impose all necessary regulations to preserve the
peace and order of the town, including but not limited to:
1. Imposition of a curfew in all or any portion of the town.
2. Ordering the closing of any business.
3. Closing to public access any public building, street or other public
place.
4. Calling upon regular or auxiliary law enforcement agencies and
organizations within or without the political subdivision for assis-
tance.
F. The mayor shall perform the other duties required by state statute
and this code as well as those duties required as chief executive of-
ficer of the town.
Section 2 -3 -5 Failure to sign documents
If for five consecutive days the mayor fails or refuses to sign any ordi-
nance, resolution, contract, warrant, demand or other document or in-
strument requiring his or her signature, then a majority of the members
of the council may, at any regular or special meeting, authorize the
vice mayor or, in his or her absence an acting mayor, to sign the ordi-
nance, resolution, contract, warrant, demand or other document or in-
strument which when so signed shall have the same force and effect
as if signed by the mayor.
Chapter 2 -4 COUNCIL PROCEDURE
Section 2 -4 -1 Regular and special council meetings
A. All meetings of the council shall be public meetings and shall be
conducted in accordance with A. R.S. § 38 -431 et seq. (the "open
meeting law ") and all other federal, state and local laws. The council
shall hold its regular meetings on the first and third Tuesday of each
month, provided that when the day fixed for any regular meeting of
the council falls upon a day designated by law as a legal holiday or
election day, the meeting shall be held on the next succeeding day
which is not a holiday, unless otherwise set by action of the council.
All regular council meetings shall commence at 7:00 p.m. unless
otherwise designated.
B. The mayor may convene the council at any time by notifying the
members of the council of the date, hour and purpose of the special
meeting. The mayor or the town clerk, upon the written request of
three members of the council, shall convene the council at any time
by notifying the members of the council of the date, hour and pur-
pose of the special meeting. The public shall be given at least
24 hours' notice of the special meetings by the posting of a notice in
at least three public places within the town, except that in the case
of an actual emergency a meeting may be held upon such notice as
is appropriate under the circumstances. Study sessions shall not be
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conducted as formally as council meetings, although they shall fol-
low the laws and this code.
C.
All regular meetings and special meetings of the council shall be
held at the Marana Town Hall, 11555 West Civic Center Drive, Ma-
Ordinance No. 2005.22 revised the address
rang, Arizona, unless otherwise designated.
D.
Notice of each meeting shall be distributed at least 24 hours in ad-
vance to each council member (if possible), and posted in at least
three places as provided by law. In the case of an emergency as
defined by the open meeting law, notice shall be as soon as is rea-
sonable under the circumstances. Notice in this paragraph is in-
tended to mean a complete agenda of the meeting, including the
kind of meeting, location, date and time of the meeting. Notice to
council members of all non - regular meetings shall be by any and all
means possible to assure that the best possible efforts were made
to contact each council member.
E.
Written minutes shall be taken of each council meeting, and if re-
cording equipment is available, each council meeting shall also be
Ordinance No. 2005.22 deleted "tape" before
recorded. These provisions shall not apply to executive sessions,
"recorded"
which are governed elsewhere in this code.
Section 2 -4 -2 Agenda preparation and distribution
Section 2 -4 -2 was rewritten by Ordinance
A.
Agendas for town council meetings shall be prepared by the agenda
No. 99.32
committee, which shall be made up of the mayor (or his or her des-
ignee), town manager, town clerk, town attorney, and any other
person designated by the mayor or town manager. In the absence
of the mayor, the vice mayor shall serve in his or her stead. The
agenda committee shall review, adjust and agree to the items on
each agenda. Although the agenda committee shall formulate each
agenda, the final determination of what will be placed on an agenda
will be in the sole discretion of the mayor, except as provided in the
following subsections.
B.
Notwithstanding the mayor's discretion of what items to place on the
agenda, if three or more council members request an item to be
The wording of paragraph 8 was simplified by
placed on the agenda, it must be placed upon the agenda for the
Ordinance No. 2005.22
second regular town council meeting after the date of the request.
C.
Except in an emergency (as determined by the mayor or town man-
ager), any person desiring to place an item on the agenda shall
prepare and deliver a summary of the issue a reasonable time prior
to the agenda committee meeting. If the request is made by an em-
ployee or staff member, it shall be delivered to the town manager,
and if the request is made by a council member or member of the
public, it shall be delivered to any member of the agenda commit-
tee.
D.
All blue sheets, reports, communications, ordinances, resolutions,
contract documents, and other documents to be included in the
"council packet" shall be submitted to the town manager for review
a reasonable time prior to the agenda committee meeting, and the
town manager will work with the department preparing the materials
to ensure that all final materials are submitted to the town clerk or
his or her designee prior to the final preparation of the council
packet. The final agenda will be prepared by the town clerk, ap-
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MARANA TOWN CODE 2 -8 1111512005
{00001471.DOC I}
proved as to form by the town attorney, and signed by the mayor or,
in his or her absence, the vice mayor. Council packets will be deliv-
ered to all council members at least 24 hours prior to the council
meeting. These deadlines may be waived for any particular item by
the mayor or town manager only if it is determined that it is impos-
sible to meet the deadline.
E.
The agenda format as approved by resolution of the council will
generally be used for all regular and special town council meetings,
Paragraph E was revised by Ordinance
study sessions, joint meetings with other entities, retreats, sub-
No. 2005.22. The currently used agenda for -
committee meetings, task force meetings, and all other meetings
mat was approved by Resolution
No. 2005 82, adopted on July 5, 2005
held pursuant to the open meeting law, although variations may be
made from time to time. Although it is expected that this format will
be used for regular and special council meetings, for study sessions
and other meetings a relaxed format may be used which excludes
many of the unnecessary items.
F.
Agenda items requiring action by the council which are generally
routine items, not believed to be controversial, not requiring council
discussion, or issues already discussed or heard at public hearing
for which final adoption by resolution or ordinance is needed may
be contained in a consent agenda. A single motion and affirmative
vote "to approve the consent agenda" will approve all items in the
consent agenda, including any resolutions or ordinances included in
the consent agenda. Prior to a motion to pass the consent agenda,
and upon the request of any council member, any item on the con-
sent agenda can be removed from the consent agenda and consid-
ered immediately following the consent agenda. If the consent
Ordinance No. 2005.22 inserted "after the vote
agenda is not passed, the council may discuss and vote upon each
fails to pass the consent agenda" for "thereaf-
item listed on the consent agenda immediately after the vote fails to
ter"
pass the consent agenda.
G.
In formulating the agenda, items for which there is attendance of
speakers, presenters or members of the public, may be placed
higher on the agenda to allow those individuals to leave after the
item is completed.
Section 2 -4 -3 Duties at meetings
A.
The mayor shall be the presiding officer of the council and the
committee chairman shall be the presiding officer of the committee.
If the mayor is absent, the vice mayor shall be the presiding officer
until the return of the mayor. If both the mayor and vice mayor are
absent, the town clerk shall call the meeting to order and a tempo-
rary presiding officer shall be elected by a majority of those council
members present, and that person shall serve until the return of the
mayor or vice mayor. Upon the return of the mayor or vice mayor,
the temporary presiding officer shall relinquish the chair when the
business immediately before the council is completed. The word
"mayor" as used in this section shall mean the presiding officer of
the meeting.
B.
The mayor shall call the meeting to order, and lead or designate the
leading of the pledge of allegiance and, if desired, an invoca-
Ordinance No. 99.32 inserted the words "if de-
tion /moment of silence. The mayor shall preserve strict order and
sired" before "an invocation /moment of silence"
decorum at all regular and special meetings of the council. The
in paragraph 8
mayor may move, second and debate from the chair, subject only to
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Title 2. Mayor and Council ()
those limitations of debate imposed on all members. The mayor
shall not be deprived of any of the rights and privileges of a council
member.
C. The town clerk shall take the roll call. The town clerk shall announce
each agenda item, reading into the record the item as listed on the
agenda, sufficiently to advise the council and public as to what
business is about to be considered by the council. The town clerk
shall also read motions into the record as set forth in this section
and perform other duties as set forth in this section or as directed
by the mayor.
D. The mayor may appoint a sergeant -at -arms at the council meetings,
who shall carry out all orders and instructions given by the mayor
for the purpose of maintaining order and decorum at the council
meeting. Upon instructions of the mayor, it shall be the duty of the
sergeant -at -arms to remove any person who violates the order and
decorum of the meeting, as set forth below.
Section 2 -4 -4 Procedures for meetings
The following procedure will generally pertain to all regular and special
town council meetings, study sessions, joint meetings with other enti-
Ordinance No. 99.32 added the word "gener-
ties, retreats, subcommittee meetings, task force meetings, and all
ally" to the un- numbered introductory para-
graph of section 2 -4 -4
other meetings held pursuant to the open meeting law:
A. Call to order the mayor shall call the meeting to order.
B. Pledge of allegiance the mayor or his or her designee shall lead the
pledge.
C. Invocation /moment of silence if desired the mayor or his /her des -
i nee shall lead the invocation /moment of silence.
g
Ordinance No. 99.32 added the words "if de-
sired" to paragraph C
D. Roll call roll shall be called by the town clerk. Any absence which
has been explained to the mayor, town manager, or town clerk in
advance shall constitute an "excused absence ", and any absence
which has not been explained in advance shall be an "unexcused
absence ". At the time of taking roll, the mayor shall place into the
record whether a council member's absence is "excused" or "unex-
cused ".
E. Approval of agenda nda the council shall vote to approve the agenda as
written, or shall modify the agenda by moving items or deleting
Ordinance No. 99.32 deleted two sentences
items and shall a the a
approve e modified agenda. The council may b y
from the end of paragraph E restricting an item
from being considered again at the same meet -
majority vote, delete agenda items or consider items out of se-
ing in some situations
quence from the printed agenda, so long as public notice is adhered
to.
F. Approval of minutes the town clerk shall present minutes of previ-
ous meetings to the council for approval. Council members who
were not present at a previous meeting may abstain from the vote
Ordinance No. 99.32 added the words "of pre-
"although
approving those minutes, although this is not required. The council
vious meetings" and this is not re-
quired" and inserted "may" for "shall" in para-
may approve multiple minutes by one vote, and if one or more
graph F. Ordinance No. 2005.22 added the last
council member expressed a desire to abstain from the vote on one
sentence.
set of minutes, the motion may be to approve the minutes "except
as noted by council member(s) ". Minutes may be consid-
ered as part of the consent agenda.
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G. Call to the public persons wishing to address the council on an item
on the a genda may do so, altho each speaker is lim-
not already g y g
Paragraph G was rewritten by Ordinance
No. 2000.2 1, which also deleted Appendix A
ited to three minutes. The mayor or council may limit the total time
(the former agenda format). Paragraph G had
offered speakers. At the conclusion of call to the public, individual
previously been revised by Ordinance
members of the council may respond to criticism made by those
No 99.32
who have addressed the council, may ask staff to review the matter
or may ask that the matter be placed on a future agenda.
H. Staff reports a council member may ask a staff member about a
particular issue in his or her report, but discussion of any item men-
Ordinance No. 99.32 deleted the words "a
tioned in a staff report may not be held unless that item is properly
general" before "discussion" in paragraph H
placed on the agenda.
I. Order of business the town clerk, if directed by the mayor, shall an-
nounce each order of business, and the mayor shall then ask the
council its pleasure on the item. A motion need not be made in or-
der for an item to be discussed. Unless the council determines that
no report is necessary, staff shall have an opportunity to report on
the issue and will respond to council questions. The council may
take action on any item listed on the agenda, and at any time that
agenda item is before the council a motion may be made as pro-
vided in this chapter.
J. town manager's and mayor's reports the town manager's and the
mayor's reports may be written or oral. Any council member may
Ordinance No. 99.32 deleted the words "a
ask the town manager or mayor about a particular item in his or her
general" before "discussion" and made other
report, but discussion of any item mentioned in the report may not
minor wording revisions in paragraph J
be held unless that item is properly placed on the agenda.
K. Future agenda items any council member may request that an item
be placed on a future agenda. If any other council member agrees,
Ordinance No. 99.32 inserted "must be sched-
he or she will show his or her support. Any item which is suggested
uled" in place of "will be scheduled" and "sug-
and has support from at least two other council members must be
gested item" for "item which is suggested" in
scheduled for the second regular town council meeting following
paragraph K
that meeting unless otherwise provided, and any suggested item
which does not receive support from at least two other council
members may be placed on a future agenda at the discretion of the
mayor or the agenda committee.
Section 2 -4 -5 Executive sessions
A. Executive sessions may be placed on an agenda under the same
circumstances as any other agenda item; however, approval of the
town attorney of all executive sessions shall be required to assure
compliance with the open meeting law. Executive sessions may
only be placed on the agenda if the issue is allowed to be consid-
ered in an executive session pursuant to A.R.S. § 38- 431.03.
B. Under normal circumstances, executive sessions will be attended
Ordinance No. 99.32 inserted "will" for "shall" in
by the mayor and council, town manager, town attorney and town
the first sentence and added "The mayor may
clerk. The mayor may direct or a majority of the council may vote to
direct or" at the beginning of the second sen-
have other individuals attend the executive session.
tence of paragraph 8
C. Executive sessions are not to be recorded, but the town clerk or an-
Ordinance No. 2005.22 deleted "tape" before
other individual appointed by the mayor shall take written minutes of
"recorded" and inserted "the Town clerk or an-
executive sessions to document the nature and extent of the dis-
other" for "an" in the second clause of para-
cussions. All minutes of executive sessions shall be sealed and re-
graph C"
toned by the town clerk. Only those individuals who were present at
Ordinance No. 99.32 inserted "or others spe-
cifically permitted by law" in paragraph C
MARANA TOWN CODE 2 -10
{00001471.DOC I}
Title 2. Mayor and Council ()
a particular executive session or others specifically permitted by law
may review the minutes of that session.
Section 2 -4 -6 Public hearing procedure
A public hearing may be placed on the agenda under the same
agenda item as the discussion and action of the council. The normal
Ordinance No. 2005.22 inserted "below" for
procedure for public hearings shall be as set forth below.
"hereafter" in the introductory paragraph
A. Calling agenda item The agenda item shall be called by the town
clerk as any other agenda item.
B. Declaration of public hearing the mayor shall declare that the coun-
cil is now in public hearing.
C. Proponent presentation the proponent may make an opening
statement to explain the item to the council and public. The mayor
or council may limit the time for this statement as necessary.
D. Staff report staff shall have an opportunity to report on the issue
and answer questions by the council.
E. Written comments written communications filed with the town or
staff shall be presented to the council or read into the record.
F. Public comments testimony from members of the public shall be
permitted. Members of the public shall be limited to five minutes per
person, or less as designated by the mayor or council. The total
time allotted to the public on any issue may be limited by the mayor
or council, but in no event will the public testimony be limited to less
than one hour.
G. Council discussion discussion by council members may be held at
this time, or reserved until the council has come out of public hear-
ing.
H. Proponent closing statement the proponent may be allowed a brief
closing statement to rebut the statements made by the public, to of-
Ordinance No. 99.32 inserted "may" for "shall"
fer a compromise, or to otherwise address the issue.
in paragraph H
I. Declaration of end of public hearing Unless a majority of the council
Ordinance No. 99.32 inserted "the termination
members object, the mayor shall declare the termination of the pub-
of the public hearing" for "public hearing as
i c hearing.
ended" in paragraph 1
J. Council discussion and vote the agenda item will then be discussed
and action taken as on any other agenda item.
Section 2 -4 -7 Discussion and voting procedure
A. A quorum must be present in order for the council to consider or act
upon any business. A quorum shall consist of a majority of the
Ordinance No. 99.32 inserted "A quorum must"
"It
members of the council, excluding vacancies. If a quorum is not
in place of will be necessary for a quorum to"
and added "excluding vacancies" in para-
present, the meeting shall be called to order, and the only motion
graph
that can be made, considered and passed is a motion for adjourn-
ment.
B. Each council member has a responsibility for compliance with
A.R.S. § 38 -501 et seq., concerning conflicts of interest. Any mem-
ber of the council who believes he or she has a conflict of interest,
shall, immediately upon determining that a conflict exists, declare
the conflict of interest and explain the basis for the conflict. That
Ordinance No. 99.32 inserted "may then leave"
council member may then leave the room and shall refrain from tak-
for "shall then leave" in paragraph 8
1111512005
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Title 2. Mayor and Council ()
ing any part in the meeting, discussion, consideration or determina-
tion of that issue. If that issue is not resolved at that meeting, that
council member shall not discuss the matter with any other council
member until the matter is finally resolved. The member who de-
clared the conflict may return to his or her seat when that agenda
item is completed.
C. Every council member desiring to speak shall address the mayor,
and upon recognition by the mayor, shall confine himself or herself
to the question under debate, avoiding all personalities and indeco-
rous language.
D. A council member, once recognized, shall not be interrupted when
speaking unless it is to call him or her to order. If a council member,
while speaking, is called to order, he or she shall cease speaking
until the question of order is determined, and, if in order, he or she
shall be permitted to proceed.
E. While the council is in session, the council members must preserve
order and decorum. A member shall not, by conversation or other-
wise, delay or interrupt the proceedings or the peace of the council
or disturb any member while speaking or refuse to obey the orders
of the council or mayor, except as otherwise provided in this title.
F. If a person in the audience wishes to address the council on an is-
sue on the agenda which is not a public hearing, the mayor may
permit the person to speak or may present the request to the coun-
cil. If a majority of the council wishes to hear from the public on the
issue, that person shall be permitted to speak; however, any public
address shall be limited to five minutes per person and as otherwise
restricted by the mayor or council. Written communications deliv-
ered to the mayor before the agenda item was called will either be
read into the record or a copy delivered to each council member.
G. Any person making personal, impertinent, or slanderous remarks,
or who becomes boisterous while addressing the council, or who in-
terferes with the order of business before the council, and who fails
upon request of the mayor to cease that activity, shall be barred
from further audience before the council for the remainder of that
meeting unless permission to continue is granted by a majority vote
of the council.
H. A motion shall be made by beginning the statement with words such
as, "I move that...." A motion must be stated clearly, and specifically
state the contents of the motion. There can be no discussion after a
motion is made until there is a second or the motion dies for lack of
a second. If there is not a second, the mayor shall announce that
the motion failed for lack of a second, and the discussion may con-
tinue, or the council may move on to the next agenda item.
I. After the motion is made and seconded, the town clerk should read
back the motion from the official record. The mayor may then call
for discussion.
MARANA TOWN CODE 2 -12
{00001471.DOC I}
Ordinance No. 99.32 inserted "may permit the
person to speak or may" for "shall," "five min-
utes" for "three minutes," and deleted "by the
mayor" after "into the record" in paragraph F
Ordinance No. 2005.22 rewrote the last sen-
tence of paragraph F
Ordinance No. 99.32 inserted "should" for
"shall" and "may" for "shall" in paragraph 1
1111512005
Title 2. Mayor and Council ()
J.
At any time before the question is called on a pending motion, the
council member who made the motion may ask that his or her mo-
tion be amended. At the time of the amendment, he or she shall
Ordinance No. 99.32 amended paragraphs J
clearly state the amendment, and the amendment shall be read
and K by deleting a sentence at the end of
back by the town clerk. If the council member who seconded the
each that stated: "No more than one amend -
vote agrees, then the motion shall be considered amended volun-
ment to an amendment shall be permitted."
tarily.
K.
At any time before the question is called on a pending motion, a
council member may make a motion to amend the motion. At that
time the discussion of the underlying issue will stop. If there is no
second to the motion to amend, then discussion on the underlying
issue will continue. If there is a second to the motion to amend, then
all discussion will be confined to the motion to amend, and there
shall be a vote on the motion to amend. If the motion to amend is
adopted by a majority of the council, discussion will continue on the
motion as amended. If the motion to amend fails, discussion will
continue on the original motion on the floor.
L.
At any time before the question is called on a pending motion, the
council member who made the motion may ask that his or her mo-
tion be withdrawn. The motion will be withdrawn only if the council
member who seconded the motion agrees with withdrawal of the
motion.
M.
Discussion shall end when the question is called or when the mayor
determines there is no further discussion desired by any council
member. The mayor shall direct the town clerk to read the motion,
and the town clerk shall read the motion as made or amended. The
only persons who can object to the form of the motion at this time
are the council members who made and seconded the motion. If
there is a conflict as to whether the motion as read is the motion as
intended, the matter will revert to further discussion until the dis-
crepancy is corrected.
N.
The mayor shall ask council members to designate their individual
"their" "his
votes b y announcin g " a y e" or "na y ." If, prior vote or a rior to the the
for
or
Ordinance No. 99.32 inserted
her" in the first sentence of paragraph N
vote, any council member requests a roll call vote, the town clerk
shall call roll, and each council member shall state his or her vote
aloud.
O.
After the vote, the town clerk shall announce whether the motion
failed or passed. If the vote was unanimous the town clerk shall so
state, and if it was not, the town clerk shall state the individual votes
for the record, stating the number of "aye" and "nay" votes. If any
council member disagrees with the vote as read back by the town
clerk, he or she shall immediately request a clarification or roll call
vote. After the town clerk reads back the individual votes, silence by
any council member displays his or her agreement with the vote as
read.
P.
A motion passes if it receives more "aye" votes than the combined
Ordinance No. 99.32 amended paragraph P by
number of "nay" votes plus the number of council members abstain-
adding the first sentence, and deleted former
ing from voting on the motion, except for abstentions based on con-
paragraph Q defining "Emergency." Ordinance
flict of interest. In the case of a tie on any motion, the motion fails.
No. 2005.22 rewrote paragraph P.
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Title 2. Mayor and Council ()
Section 2 -4 -8 Motions to reconsider
A. Reconsideration of any action taken (or not taken) by the town
council may be requested only by a council member who was on
the prevailing side of the vote. Such a council member may request
that the issue of reconsideration be placed on the agenda for dis-
cussion and possible action, although this request must be made
prior to the start of the next regular town council meeting following
the meeting at which the action was taken. If such a request is
made, reconsideration will be placed on the agenda for the second
regular town council meeting following the meeting at which the
original action was taken. The agenda will list reconsideration of the
vote as one item, and the re -vote on the issue as a separate item.
B. When that agenda item is called, the council may discuss the re-
Ordinance No. 2005.22 rewrote paragraph 8
consideration, but a motion to reconsider may only be made by a
council member who voted with the prevailing side of the vote. A
motion to reconsider may be seconded by any council member. The
discussion and vote of the motion to reconsider shall be as for any
other business before the council.
C. If the motion to reconsider fails, the council will skip the discussion
Ordinance No. 2005.22 rewrote paragraph C
and vote of the original issue. If the motion to reconsider passes,
the council will discuss and vote on the original issue as for any
other business before the council, and any council member may
make motions on the original issue.
Chapter 2 -5 ORDINANCES, RESOLUTIONS AND CONTRACTS
Section 2 -5 -1 Prior approval
Before presentation to the council, all ordinances, resolutions and con-
tract documents shall have been reviewed as to form by the town at-
torney and shall, when there are substantive matters of administration
involved, be referred to the person who is charged with the administra-
tion of the matters. That person shall have an opportunity to present
his or her objections, if any, prior to the passage of the ordinance,
resolution or acceptance of the contract.
Section 2 -5 -2 Introduction
Ordinances, resolutions, and other matters or subjects requiring action
by the council shall be introduced and sponsored by a member of the
Ordinance No. 99.32 amended section 2 -5 -2
council, except that the town attorney or the town manager may pre-
by inserting "Town" in four places and deleting
sent ordinances, resolutions and other matters or subjects to the town
the words "otherwise, they shall not be consid-
council, and any member of the town council may assume sponsorship
ered at the end of the paragraph
of them by moving that the ordinance, resolution, matter or subject be
adopted.
Section 2 -5 -3 Reading of proposed ordinance
Ordinances shall be read, prior to adoption, but may be read by title
only, provided that the council is in possession of printed copies of the
ordinance. A member of the council may request that the ordinance
under consideration be read in full, and in that case the ordinance shall
be read in full.
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Section 2 -5 -4 Requirements for an ordinance
Each ordinance should have but one subject, the nature of which is
clearly expressed in the title. Whenever possible, each ordinance shall
be introduced as an amendment to this code or to an existing ordi-
nance, and, in that case, the title of the sections to be amended shall
be included in the ordinance.
Section 2 -5 -5 Effective date of ordinances
Section 2 -5 -5 was rewritten by Ordinance
A. No ordinance, resolution or franchise shall become operative until
No. 99.32
30 days after its passage by the council, except measures immedi-
ately necessary for the preservation of the peace, health or safety
of the town. Such an emergency measure shall only become imme-
diately operative if it states in a separate section the reason why it
is necessary that it should become immediately operative and only
if it is approved by the affirmative vote of three fourths of all the
members elected to the council.
B. In addition to the provisions of subsection A of this section, the town
clerk shall certify the minutes of any council meeting at which an
ordinance, resolution or franchise, except an emergency measure,
is passed.
Section 2 -5 -6 Signatures required
Every ordinance passed by the council shall, before it becomes effec-
tive, be signed by the mayor, attested by the town clerk, and acknowl-
edged that it has been approved as to form by the town attorney.
Section 2 -5 -7 Publishing required
Only those orders, ordinances, resolutions, motions, regulations or
proceedings of the council shall be published as may be required by
state statute or expressly ordered by the council.
Section 2 -5 -8 Posting required
Every ordinance imposing any penalty, fine, forfeiture or other punish-
ment shall, after passage, be posted by the town clerk in three or more
public places within the town and an affidavit of the person who posted
the ordinance shall be filed in the office of the town clerk as proof of
posting.
Chapter 2 -6 STANDING BOARDS, COMMISSIONS AND
COMMITTEES
Section 2 -6 -1 Establishment
The council may create those standing boards, commissions or com-
mittees as it deems necessary upon a majority vote of the council, ex-
cept as otherwise provided in this code or as required by statute.
Section 2 -6 -2 Appointment; vacancies; terms
A. When a vacancy occurs on a standing board, committee or com-
mission the council will fill the vacant seat by a majority vote. The
Ordinance No. 99.32 added "committee" in
vote will not be by nomination and election, rather it will be con-
the first line and inserted "The council may
continue" for "The council will continue" in the
ducted by making a motion to appoint a certain individual to the va-
third sentence of Paragraph A
cant council seat to fulfill the remaining term, and if the motion fails
for lack of a second or majority vote there may thereafter be a sub-
sequent motion for a different or the same individual. The council
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{00001471.DOC I}
Title 2. Mayor and Council ()
may continue making motions until a motion to appoint an applicant
to the vacant seat is successfully passed by a majority of the coun-
cil. The mayor or any council member may move the appointment
of any person who meets the qualifications for the vacant position.
B. The term of members of standing boards, committees and commis-
sions shall be as set forth at the time of formation of the board,
Ordinance No. 99.32 added "committees" and
committee or commission, or as set forth by ordinance, resolution,
"committee" in two places in Paragraph 8
motion, order, or in the bylaws of the board, committee or commis-
sion.
C. The members of standing boards, committees and commissions
shall serve without compensation, however, members may be re-
Ordinance No. 99.32 added "board, commit -
imbursed for actual expenses incurred in conjunction with their du-
tee or" before "commission" in the last line of
ties upon authorization or ratification by the board, commission or
Paragraph C
committee and approved of those expenditures by the town council.
Chapter 2 -7 SPECIAL COMMITTEES
Section 2 -7 -1 Establishment
The council may create those special committees as it deems neces-
sary upon a majority vote of the council, except as otherwise provided
in this code or as required by statute. Any time the council forms a
committee or approves the formation of a committee, unless that
committee is designated as a standing committee, it shall be desig-
nated as a special committee as provided in this chapter. Special
committees may be created to address specific tasks assigned to them
by the council. Special committees' terms of existence shall be for no
more than one year and their membership shall include a number ap-
propriate to the task involved.
Chapter 2 -8 PLANNING AND ZONING COMMISSION
Section 2 -8 -1 General provisions
The planning and zoning commission is established as an advisory
commission to the mayor and council. As such, its function is to hear
and consider matters of a legislative nature and of policy.
Section 2 -8 -2 Organization
Ordinance No. 99.32 amended section 2 -8 -2
Membership on the planning and zoning commission shall be by ap-
by adding "Membership on" at the beginning
pointment of the town council, and it shall consist of seven voting
of the paragraph and deleting "other sections
"this
members, one of whom shall be the chairman and one shall be the
of' before code"
vice chairman. The commission shall adopt rules for its own organiza-
tion and for the transaction of its business, but its rules shall not be in
conflict with this code, other ordinances of the town or with the laws of
the state.
Section 2 -8 -3 Appointment; vacancies; term
A. When a vacancy occurs on the planning and zoning commission,
the council will fill the vacant seat by a majority vote. The vote will
not be by nomination and election, rather it will be conducted by
making a motion to appoint a certain individual to the vacant seat to
fulfill the remaining term, and if the motion fails for lack of a second
or majority vote there may thereafter be a subsequent motion for a
different or the same individual. The council may continue making
Ordinance No. 99.32 inserted "may continue"
motions until a motion to appoint an applicant to the vacant seat is
for "will continue" and added the first "for" in the
last sentence of paragraph A
MARANA TOWN CODE 2 -16
{00001471.DOC I}
Title 2. Mayor and Council ()
successfully passed by a majority of the council. The mayor or any
council member may move for the appointment of any person who
meets the qualifications for the vacant position.
B. The term of members of the planning and zoning commission shall
be four years.
Section 2 -8 -4 Powers and duties
A. Preparation of a general plan It shall be the function and duty of the
planning and zoning commission, after holding public hearings, to
make and adopt and recommend to the council a general plan for
the physical development of the town, including any areas outside
of the town limits which, in the judgment of the commission, bear re-
lation to the development of the town. Where the plan involves terri-
tory outside of the town limits, the provisions of the plan that pertain
to external territory shall be made known to the appropriate authori-
ties of the county or those municipalities having jurisdiction over
that territory. The general plan, with accompanying maps, plats and
descriptive and explanatory matter shall show the commission's
recommendations for the physical development of the town and
may include, among other things, methods of circulation and trans-
portation, the general location and extent of public facilities for wa-
ter, power, sanitation, playgrounds and drainage facilities; and the
use of land, whether for residences, commerce, industry, agricul-
ture, flood channels or open space. The commission may, from time
to time, amend, extend or add to the general plan or carry any part
of the plan's subject matter into greater detail.
B. Reports and recommendations The planning and zoning commis-
sion may make reports and recommendations relating to the plan-
ning and development of the town to the council and to other or-
ganizations and residents of the town. The commission may rec-
ommend programs for public improvements and their financing to
executive or legislative officials of the town.
C. Regulation of subdivisions and other large scale developments It
shall be the duty of the planning and zoning commission to prepare
regulations governing the subdivision of land and other large scale
developments within the town, to prepare amendments to those
regulations when considered necessary and appropriate and to
submit the regulations and amendments to the council for consid-
eration and action.
D. Approval of plans and plats for subdivisions and other large scale
developments It shall be the duty of the planning and zoning com-
mission, when required by law, to review and recommend approval
or denial of plans and plats for all subdivisions and other large scale
developments within the town, before they are considered by the
council.
E. Preparation of a zoning plan The planning and zoning commission
shall make and recommend to the council a zoning plan for the
town, including both the full text of the town's zoning regulations
and maps indicating the location and limits of the regulations and
the various zones. All proposed amendments to the zoning regula-
tions shall first be submitted to the commission for its review and
recommendations. Recommendations regarding any proposed zon-
MARANA TOWN CODE 2 -17
{00001471.DOC I}
Ordinance No. 99.32 added "Town to the" be-
fore "council" in paragraph 8
Paragraph D was rewritten by Ordinance
No. 99.32
Ordinance No. 99.32 inserted "has" for "shall
have" in the last line of paragraph E
Title 2. Mayor and Council ()
ing change shall be submitted to the council within 31 days after
submission to the commission, unless a longer period has been
granted by the council.
F. Conduct hearings and meetings The planning and zoning commis-
sion may conduct hearings and meetings with interested property
owners and citizens of the town and others in the process of carry-
ing out its functions and duties.
Chapter 2 -9 BOARD OF ADJUSTMENT
Section 2 -9 -1 Establishment; purpose
Chapter 2 -9 was adopted by Ordinance No. 2003.07, which established the board of
There is hereby established a board of adjustment for the town. The
adjustment as a body separate from the Town
council. See Ordinance Nos. 77 6, 96.13
board of adjustment is the quasi - judicial body of the town established
and 99.32 for prior history.
to grant relief from certain provisions of the town zoning code, as spe-
cifically set forth, and within the limits established in this chapter.
Section 2 -9 -2 Appointment; vacancies; term
The board of adjustment shall consist of seven members, who shall
serve at the pleasure of the town council, each of whom shall be a
resident of the town. Members shall serve staggered terms, with four
members, initially serving a term of two years, and three members ini-
tially serving a term of four years. Thereafter, each member of the
board shall be appointed to serve a term of four years. Vacancies on
the board of adjustment shall be filled by a majority vote of the town
council to fill the remaining term of office.
Section 2 -9 -3 Officers; public meeting and minutes; bylaws;
quorum; procedure
A. Immediately upon formation and every two years thereafter, follow-
ing the seating of new board members, the board of adjustment
shall elect a chair person with the power to administer oaths and
take evidence.
B. The meetings of the board of adjustment shall be subject to the pub-
lic meeting laws and minutes shall be taken showing the vote of
each member and records of its examinations and other official ac-
tions, and shall be filed in the office of the board as a public record.
No vote shall be made but by a quorum of the board.
C. The board of adjustment shall follow and adhere to bylaws estab-
lished for the board by the town council. Copies of the bylaws shall
be filed with the town clerk and made available through the planning
administrator.
D. The board of adjustment may adopt rules of procedure to govern its
meetings. Copies of the rules shall be filed with the town clerk and
made available through the planning administrator.
Section 2 -9 -4 Powers and duties
The board of adjustment shall perform the following duties:
A. Variances The Board shall hear and decide on requests for vari-
ances from the terms of the land development code.
B. Interpretations The Board shall hear and decide on interpretations
of the land development code.
MARANA TOWN CODE 2 -18 1111512005
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Title 2. Mayor and Council ()
C. Nonconforming uses The Board shall hear and decide on applica-
tions for nonconforming uses as provided in the Land Development
code.
4. Other matters The Board shall consider those other matters as may
be referred by the town council from time to time.
Section 2 -9 -5 Compensation
The members of the board of adjustment shall serve without compen-
sation; however, members may be reimbursed for actual expenses
incurred in conjunction with their duties, upon authorization or ratifica-
tion by the Board and approval by the town council.
Chapter 2 -10 INDEMNIFICATION OF OFFICERS AND
EMPLOYEES
Section 2 -10 -1 Persons covered Section 2 -10 -1 was rewritten by Ordinance
All of the protections and benefits conferred by this chapter shall be No. 99.32
enjoyed by any present or former mayor and each and all of the pre-
sent or former members of the council, town officers, town magistrates,
town employees, and all members of all town boards, committees,
subcommittees, advisory committees and commissions which pro-
tected parties are referred to individually as a "town officer" and collec-
tively or jointly as "town officials."
Section 2 -10 -2 Indemnification and protection of town officials
A. Any town officer and all town officials shall be exonerated, indemni-
fied and held harmless by the town from and against any liability or
loss in any manner arising out of, or occasioned by, his or her ser-
vice as a town officer or official and based upon any claim by any
third party that the town or any town officer or official, by any action
or failure to act, damaged the property or infringed the rights of that
third party, or of any other person on whose behalf that third party
brings a claim or legal action, provided the officer or official acted,
or failed to act, in good faith and in a manner he or she reasonably
believed to be in, or not opposed to, the best interests of the town.
B. The right to indemnification provided for in subsection A of this sec-
tion shall extend as well to any claim brought by, or on behalf of, the
town to recover damages alleged to have been occasioned to it or
any of its property, by any act or failure to act of any town officer or
official, except that no indemnification or exoneration shall be made
in respect of any claim, issue or matter as to which the town officer
or official shall have been adjudged to be liable to the town unless
and only to the extent that the court in rendering judgment deter-
mines upon application that, despite the adjudication of liability but
in view of all circumstances of the case, the officer or official is fairly
and reasonably entitled to indemnity for those expenses as the
court may deem proper. The court in which any such action or suit
was brought may determine upon application that, in view of all of
the circumstances of the case, indemnity for amounts paid in set-
tlement is proper and may order indemnity for the amount so paid in
settlement.
C. In any case where indemnification is required under the provisions
of subsections A or B of this section, the town treasurer shall pay,
MARANA TOWN CODE 2 -19 1111512005
{00001471.DOC I}
Title 2. Mayor and Council
on behalf of the town officer or official, any money judgment and
shall perform the onerous provisions of any court order which may
be entered against him or her when the judgment or order has be-
come final and no longer appealable, or has not been stayed pend-
ing appeal.
D. In any case where any town officer or official is or may be entitled to
be exonerated, indemnified and held harmless pursuant to the pro-
visions of subsection A of this section, the town shall protect and
defend the officer or official from and against any litigation com-
menced against him or her, by engaging and compensating compe-
tent legal counsel to conduct his or her defense, and by paying all
court costs and any fees of opposing legal counsel taxed or im-
posed by the court having jurisdiction.
E. In any case where any town officer or official is or may be entitled to
be exonerated, indemnified and held harmless pursuant to the pro-
visions of subsection B of this section, the town shall pay the ex-
penses, including attorneys' fees and the cost of a bond or other
security pending appeal, incurred in defending the civil action, suit
or proceeding by the officer or official in advance of the final dispo-
sition of the action, suit or proceeding upon receipt of an undertak-
ing by or on behalf of the town officer or official to repay that
amount if it is ultimately determined that he or she is not entitled to
be indemnified by the town as authorized in subsection B of this
section.
F. The coverage afforded by this section shall not apply in any case
where indemnification is not permissible pursuant to any state stat-
ute or any determination that the indemnification would be contrary
to public policy.
Section 2 -10 -3 Insurance coverage
The town shall at all times procure insurance policies providing the
maximum coverage and limits procurable at reasonable rates to pro-
tect its interests and to indemnify and protect all town officials and any
town officer entitled to indemnification and protection pursuant to this
chapter. Acceptance of coverage and undertaking of protection by any
insurance carrier shall be deemed to satisfy the requirements of this
chapter on the part of the town. however, in any case or instance
where an insurance carrier does not in fact accept coverage and de-
fend any town officer or officials, or where the insurance policy limits
are insufficient to cover any judgment entered against any town officer
or officials, the town shall be bound by the provisions of this chapter to
protect and indemnify pursuant to the provisions of section 2 -10 -2.
Section 2 -10 -4 Notice of claims
It shall be a precondition to the assertion of any claim for protection
and indemnity under this chapter that any town officer or officials, after
having been served with process commencing litigation against him,
her or them, or after having received written notice of a possible claim
alleged to be covered under the provisions of section 2- 10 -2.A or B,
shall promptly give notice to the town clerk that the action is pending or
that a claim has been presented. The town clerk shall in turn present
the action or claim to the council. It shall further be a precondition to
coverage under this chapter 2 -10 that a town officer or official claiming
MARANA TOWN CODE 2 -20
{00001471.DOC I}
Ordinance No. 99.32 amended section 2 -10 -4
by deleting "together with such Town officer's
or official's request for indemnity and protection
hereunder" from the end of the first sentence.
The wording of this section was simplified by
Ordinance No. 2005.22.
1111512005
Title 2. Mayor and Council
the protection and benefits conferred by this chapter shall at all times,
and in every way, cooperate fully with legal counsel appointed by the
town to defend against any threatened or pending litigation under the
provisions of section 2- 10 -2.D.
MARANA TOWN CODE
{00001471.DOC I}
2 -21
1111512005
Title 3
Administration
CHAPTER 3 -1 OFFICERS, DEPARTMENT HEADS, AND EMPLOYEES ...... ..............................1
CHAPTER 3 -2 OFFICERS AND OTHER POSITIONS .................................... ............................... 4
CHAPTER 3 -3 PERSONNEL POLICIES ......................................................... .............................13
CHAPTER 3 -4 PURCHASING ......................................................................... .............................13
{00001471. DOC I}
Title 3. Administration ()
TITLE 3. ADMINISTRATION
Title 3 was adopted by Ordinance No. 2000.07.
Chapter 3 -1 OFFICERS, DEPARTMENT HEADS, AND
Earlier versions were adopted by Ordinance
EMPLOYEES
Nos. 96.14 and 98.22.
Section 3 -1 -1 Town officers
A. There are hereby created, in addition to the mayor and town council
members, the following officers of the town. An officer is defined as
a person who holds an office of trust, command and authority, and
the method of appointment or term of the officer has no relevance
to authority granted.
1. Town manager
2. Assistant town manager
Ordinance No. 2005.22 added "assistant town
3. Town clerk /town marshal
manager" and combined "town clerk" and
"town marshal"
4. Town engineer
5. Town attorney
B. These officers shall be appointed from time to time as set forth in
this code.
Section 3 -1 -2 Positions appointed by the town council, town
manager & department heads
section 3 -1 -2 was revised by Ordinance
Nos. 2000.20, 2001.06, 2001.08 and
A. The position of town manager shall be appointed from time to time
2003.13. Ordinance No. 2001.06 revised
by the town council, and shall be employed at the will of the town
paragraph 8 to refer to section 5 -2 -1. Ordi-
council. This position shall have no term of office, shall be at -will,
Hance No. 2001.08 added the Court Adminis-
trator as a Town manager appointee. Ordi
report direct) t0 the town council.
and shall re p y
nance No. 2003.13 made the Town attorney a
B. The town magistrate shall be appointed by the town council in ac-
Town manager appointee and updated vari-
ous department head designations.
cordance with section 5 -2 -1.
C. The following positions shall be appointed from time to time by the
town manager, and shall be employed at the will of the town man-
ager. These positions shall have no term of office, shall be at -will,
and shall report to the town manager.
1. assistant town manager
2. Chief of police
3. Public works director
4. Parks & recreation director
5. Development services administrator
6. Town attorney
7. Budget & finance director
8. Planning director
9. Building official
10. Utilities director
11. Human resources director
12. Town clerk /town marshal
13. Court administrator
MARANA TOWN CODE 3 -1 1111512005
{00001471.DOC I}
Title 3. Administration ()
14. Community & economic development director
15. Technical services director
16. All other department heads
D. Department heads who are employed under an assistant town
manager or an administrator shall be hired by the assistant town
manager or administrator, with the approval of the town manager or
administrator, and shall work at the pleasure of the assistant town
manager or administrator, as provided in the at -will provisions of
this code and the town personnel policies.
E. All other personnel who are employed under a department head
shall be hired by their department head, with the approval of the
town manager, and shall work at the pleasure of their department
head, as provided in this code and the town personnel policies.
F. The duties of any employee may be delegated by that employee to
a deputy when a deputy position exists.
Section 3 -1 -3 Classification of employees
All offices in the town are divided into classified and unclassified ser-
vice. The extent to which certain personnel rules or provisions apply to
particular employees will depend upon whether those employees are
working as classified or unclassified employees.
A. Classified Service All employees of the town not specifically listed
as an unclassified employee shall be part of the classified service.
Different rules and policies, however, may be established for differ-
ent groups of employees within the classified service. Classified
employees are directed to the personnel manual for direction and
employment protections contained there.
B. Unclassified Service Persons comprising unclassified service are
part of a responsive management team that exists to carry out the
goals and policies of the town. Any personnel manual or similar
document shall not apply to unclassified employees, who shall be
considered "at- will" employees. "At- will" employment is defined as
employment that may be terminated upon the will of the employer
or employee, at any time with or without cause. At -will employees
do not have employment contracts, are not guaranteed any mini-
mum length of employment, and do not have access to the person-
nel action review board procedures. Unclassified employees are not
subject to the salary schedule, and shall be paid according to per-
formance and qualifications, to be determined by the appointing au-
thority (either the town council or the town manager). However, un-
classified employees shall receive any general salary increases that
may be granted from time to time, except that the town manager
shall only receive general salary increases if they are provided for in
an employment contract duly authorized by the council. The follow-
ing shall be unclassified employees:
1. Assistant town manager
2. Chief of police
3. Public works director
4. Parks & recreation director
MARANA TOWN CODE 3 -2
{00001471.DOC I}
Section 3 -1 -3 was amended by Ordinance
Nos. 2000.20, 2001.08 and 2003.13.
Ordinance No. 2005.22 inserted "contained
there" for "therein"
Ordinance No. 2005.22 inserted "personnel
action review board" for "personnel problem
resolution" in paragraph 8 and revised the sec-
ond to last sentence to add "except that the
town manager shall only receive general salary
increases if they are provided for in an em-
ployment contract duly authorized by the coun-
cil" to conform to current practice
1111512005
Title 3. Administration ()
5. Development services administrator
6. Town attorney
Ordinance No. 2003.13 added the Town at-
7. Budget & finance director torney.
8. Planning director
9. Building official
10. Utilities director
11. Human resources director
12. Town clerk /town marshal
13. Court administrator Ordinance No. 2001.08 added the court ad-
14. Community p & economic development director ministrator.
15. Technical services director
16. All other department heads
Section 3 -1 -4 Non - employee positions
The following appointed positions shall not be considered to be em-
ployment positions and exist outside town personnel policies and pro-
visions:
A. All elected officials and members of boards, committees and com-
missions;
B. Volunteer personnel and personnel appointed to service without
pay;
C. Personnel who render temporary, provisional or special assignment;
D. Part time personnel employed less than half time (1,040 hours per
year); and
E. Those engaged by the town on a contractual basis.
Section 3 -1 -5 Compensation and benefits
The compensation and benefits of appointed town employees shall be
as fixed from time to time by the town council or town manager. All
benefits afforded to classified employees shall be afforded to unclassi-
fied employees.
Section 3 -1 -6 Bond
The town council shall require each officer of the town to furnish bond
for the due discharge of his or her duties in an amount and with that
security as it may direct and approve as determined by resolution. The
town shall pay the costs of the bond. At the discretion of the town
council, the bond may be in the form of a blanket bond with coverage
the council deems necessary.
Section 3 -1 -7 Vacancies; holding more than one office
Any vacancy that shall occur in any town position shall be filled by ap-
pointment of the appointing authority (town council, town manager, or
department head). One person may hold more than one position and
the functions of a town official may be validly performed and dis-
charged by a deputy or another town official, or an otherwise qualified
MARANA TOWN CODE 3 -3 1111512005
{00001471.DOC I}
Title 3. Administration
individual not holding elected office, but employed at the pleasure of
the town council.
Section 3 -1 -8 Additional powers and duties
In addition to any powers and duties prescribed in this code, each em-
ployee shall have those further powers, perform those further duties
and hold any other office as may be provided by that employee's direct
supervisor.
Chapter 3 -2 OFFICERS AND OTHER POSITIONS
Section 3 -2 -1 Town manager
Section 3 -2 -1 was revised by Ordinance
A. Office established The position of town manager is hereby created
Nos. 2000.20 and 2003.13. Ordinance
No. 2000.20 made amendments to address
and established. The town manager shall be appointed by a major-
the creation of the assistant Town manager
ity of the town council on the basis of his or her executive and ad-
position. Ordinance No. 2003.13 made minor
ministrative qualifications and his or her knowledge of accepted
corrections,
practice in respect to the duties of the office as set forth below. The
town manager shall serve at the pleasure of the town council.
B. Bond The town manager shall furnish a surety bond to be approved
by the town council in an amount determined by the town council
which shall be conditioned upon the faithful performance of the du-
ties imposed upon the town manager as described in this section.
Any premium for the bond shall be a proper charge against the
town. Nothing in this section shall preclude the town from obtaining
a blanket bond pursuant to the provisions of A.R.S. § 9 -302 to sat-
isfy this requirement.
C. Ineligibility of town council member No town council member shall
be appointed town manager during the term for which he or she has
been elected to the town council.
D. Temporary absence Notwithstanding the above, the town council
shall designate an assistant town manager to perform the duties of
town manager during the temporary absence or disability of the ap-
pointed town manager.
E. Permanent absence If a town manager is not employed by the town
for any period of time due to resignation, discharge, or for any other
reason, all duties designated in this code to the town manager shall
be performed by an assistant town manager or any individual so
designated by the town council.
F. Removal from office The town manager may be removed by the
town council by a majority of its members. The town manager must
give 30 days written notice of his or her intention to resign, provided
that the town council, upon a majority vote of its members, may
waive this requirement.
G. Compensation The town manager shall receive such compensation
as the town council shall from time to time determine and fix by or-
dinance, resolution or motion, and the compensation shall be a
proper charge against those funds of the town as the town council
shall designate. The town manager shall be reimbursed for all sums
necessarily incurred or paid by him or her in the performance of his
or her duties, or incurred when traveling on business pertaining to
the town as approved by the town council by the adoption of its
MARANA TOWN CODE 3 -4 1111512005
{00001471.DOC I}
Title 3. Administration ()
budget. Reimbursement shall be made only when a verified item-
ized claim, setting forth the sums expended for which reimburse-
ment is requested, has been presented.
H. Powers and duties Except as otherwise provided in this code, the
town manager shall be the chief administrative officer and head of
the administrative branch of the town government and shall be re-
sponsible to the town council for the proper administration of all af-
fairs of the town. In addition to the general powers as the chief ad-
ministrative officer and not as a limitation on them, it shall be the
town manager's responsibility and authority to perform the follow-
ing:
1. The town manager shall execute, on behalf of the town council,
general administrative supervision and control of the affairs of
the town;
2. The town manager shall attend all meetings of the town council
with the duty of reporting on or discussing any matter concerning
the affairs of the departments, boards, commissions, commit-
tees, services or activities under his or her supervision, upon
which the town council should be informed. Exceptions to attend-
ing meetings of the town council may be granted upon written
request by the town manager and approval by the mayor;
3. Pursuant to the provisions of section 3 -1 -2, the town manager
shall appoint and, when necessary, suspend or remove the ap-
pointive officers and employees set forth in section 3 -1 -2. All ap-
pointments and removals shall be based upon merit and upon
the qualifications or disqualifications of the officer or employee
without regard to any political belief or affiliation, and in coordina-
tion with the appropriate department head. The power of ap-
pointment, suspension or removal of the town magistrate shall
be expressly reserved to the town council;
4. The town manager shall coordinate the administrative functions
and operations of the various departments, boards, commis-
sions, committees, divisions and services of the town govern-
ment, and on its behalf carry out policies, rules, regulations and
ordinances adopted by it, relating to the administration of the af-
fairs of the various departments, boards, commissions, commit-
tees, divisions or services;
5. The town manager shall cause to be prepared and submitted to
him or her by each department, board, commission, committee,
division or service of the town government, itemized annual es-
timates of expenditures required by them for capital outlay, sala-
ries, wages and miscellaneous operating costs, tabulate the
same into a preliminary consolidated municipal budget and sub-
mit the same to the town council annually on the date specified
by it, with his or her recommendations as to any increases, de-
creases, cancellations, transfers or changes in any of the items
included in the preliminary budget;
6. The town manager shall supervise the expenditures of all de-
partments, divisions or services of the town government;
MARANA TOWN CODE 3 -5
{00001471.DOC I}
Ordinance No. 2003.13 amended paragraph 3
by inadvertently deleting all but the first sen-
tence. Ordinance No. 2005.22 restored the
second and third sentences but removed "town
attorney and" before "town magistrate" to con-
form to the establishment of the town attorney
as a town manager - appointed officer under
Ordinance No. 2003.13.
Ordinance No. 2005.22 amended para-
graph 6 to delete reference to the town man-
ager as purchasing director, to conform to
Ordinance No. 2002.22
1111512005
Title 3. Administration
7. The town manager shall analyze and supervise the functions, du-
ties and activities of the various departments, boards, commis-
sions, committees and services of the town government and all
employees of the town;
8. The town manager shall develop and organize necessary im-
provement projects and programs and aid and assist the town
council and the various departments, boards, commissions and
committees in carrying them through to a successful conclusion;
9. The town manager shall serve as public relations officer of the
town government, and follow through and endeavor to adjust all
complaints filed against any employee, department or service of
the town to the end. The town manager shall make every effort
to satisfy all residents that their town government is being oper-
ated on their behalf with the highest degree of efficiency;
10. The town manager shall cooperate with all community organiza-
tions whose aims and purposes are to advance the interests of
the town and its residents and provide them with all reasonable
assistance obtainable through the town government within the
limitations of the law;
11. The town manager shall make and keep an up to date inventory
of all personal property owned by the town and recommend to
the town council the purchase of new machinery, equipment and
supplies whenever, in his or her judgment, the same can be ob-
tained at the best advantage, taking into consideration trade in
value of machinery, equipment, etc., in use;
12. The town manager shall make, or cause to be made, studies
and surveys of the duties, responsibilities and work of the per-
sonnel in the various departments and services of the town gov-
ernment and recommend to the town council abolition or con-
solidation of positions or transfers or removal of personnel,
whenever in his or her judgment, that action would increase effi-
ciency in the administration of the town government;
13. The town manager shall, in cooperation with the police depart-
ment, see that all laws and ordinances of the town and the state
are duly enforced;
14. The town manager shall devote his or her entire work effort to
the discharge of his or her official duties. Exceptions to this re-
quirement may be granted by the town council acting upon a
written request from the town manager;
15. The town manager shall perform any other duties as may be re-
quired of him or her by the town council, not inconsistent with the
laws of the state, this code or the ordinances of the town.
I. Limitations upon responsibility The town manager shall not exercise
any policy- making or legislative functions whatsoever, or attempt to
commit or bind the town council or any council member to any ac-
tion, plan or program requiring official action of the town council. It
is not intended by this chapter to grant any authority to, or impose
any duty upon, the town manager which is vested in or imposed by
general law or town ordinances in any town commission, board, of-
ficer or employee except as specifically set forth in this code.
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3 -6
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Title 3. Administration ()
J. Conduct In the discharge of his or her duties, the town manager
shall at all times endeavor to exercise the highest degree of tact,
patience, integrity and courtesy in his or her contact with the public
and with all town boards, departments and employees and shall use
his or her best efforts to establish and maintain a harmonious rela-
tionship between all personnel employed in the government of the
town to the end that the highest possible standards of public service
shall be continuously maintained.
Section 3 -2 -2 Assistant town manager
A. Office established The position of assistant town manager is Section 3 -2 -2 was added by Ordinance No. 2000.20 and amended by Ordinance
hereby created and established. The assistant town manager shall No. 2003.13, which made minor corrections.
be appointed by the town manager and shall perform the duties of
the office of the town manager as delegated under the general and
specific direction of the town manager, by memorandum, from time
to time, through the human resources department.
B. Bond The assistant town manager shall furnish a surety bond to be
approved by the town council in an amount determined by the town
council which shall be conditioned upon the faithful performance of
the duties imposed upon the assistant town manager as described
in this section. Any premium for the bond shall be a proper charge
against the town. Nothing in this section shall preclude the town
from obtaining a blanket bond pursuant to the provisions of A.R.S.
§ 9 -302 to satisfy this requirement.
C. Compensation The assistant town manager shall receive such
compensation as the town manager shall fix at the time of appoint-
ment of the assistant town manager, and the compensation shall be
a proper charge against the funds of the town. The assistant town
manager shall be reimbursed for all sums necessarily incurred or
paid by him or her in the performance of his or her duties, or in-
curred when traveling on business pertaining to the town as ap-
proved by the town council by the adoption of its budget. Reim-
bursement shall be made only when a verified itemized claim, set-
ting forth the sums expended for which reimbursement is re-
quested, has been presented.
D. Powers and duties Except as otherwise provided in this chapter,
the assistant town manager shall support the town manager and
shall be responsible to the town manager for the proper administra-
tion of all affairs delegated by the town manager. In addition to the
general powers and duties set forth above, it shall be the assistant
town manager's responsibility and authority to perform the follow-
ing:
1. The assistant town manager shall execute, on behalf of and as
delegated by the town manager, general administrative supervi-
sion and control of the affairs of the town;
2. The assistant town manager shall attend all meetings of the town
council with the duty of reporting on or discussing any matter
concerning the affairs of the departments, boards, services or
activities under his or her supervision, upon which the town
council and town manager should be informed. Exceptions to at-
tending meetings of the town council may be granted upon writ-
ten request by the town manager.
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3. The assistant town manager shall coordinate the administrative
functions and operations of various departments, boards, divi-
sions and services of the town government as delegated by the
town manager, and on its behalf carry out policies, rules, regula-
tions and ordinances adopted by it, relating to the administration
of the affairs of those departments, boards, divisions or services.
4. Pursuant to the provisions of section 3 -1 -3, the assistant town
manager shall appoint and, when necessary, suspend or remove
the appointive officers and employees under his or her area of
Ordinance No. 2003.13 amended para-
assignment unless acting in the capacity as town manager. All
graph 4 by removing "Town attorney and"
appointments and removals shall be based upon merit and upon
before "Town magistrate ".
the qualifications or disqualifications of the officer or employee
without regard to any political belief or affiliation, and in coordina-
tion with the department head as appropriate. The power of the
appointment, suspension or removal of the town magistrate shall
be expressly reserved to the town council;
5.The assistant town manager shall cause to be prepared and
submitted to him or her by each department, board, division or
service of the town government delegated to his or her supervi-
sion itemized annual estimates of expenditures required by them
for capital outlay, salaries, wages and miscellaneous operating
costs, tabulate the same into a preliminary consolidated munici-
pal budget and submit the same to the town manager annually
on the date specified by the town manager, with his or her rec-
ommendations as to any increases, decreases, cancellations,
transfers or changes of any of the items included n the prelimi-
nary budget;
6. The assistant town manager shall supervise the expenditures of
Ordinance No. 2005.22 amended para-
all departments, divisions or services of the town government
graph 6 to delete reference to the assistant
delegated to his or her supervision;
g p
town manager as purchasing director, to con -
form to Ordinance No. 2002.22
7. The assistant town manager shall analyze and supervise the
functions, duties, activities and employees of the various de-
partments, boards and services of the town government dele-
gated to his or her supervision;
8. The assistant town manager shall develop and organize neces-
sary improvement projects and programs and aid and assist the
town manager and the various departments and boards in carry-
ing the same through to a successful conclusion;
9. The assistant town manager shall serve as public relations officer
of the town government as delegated by the town manager, and
follow through and endeavor to adjust all complaints filed against
any employee, department or service under his or her supervi-
sion to the end. The assistant town manager shall make every
effort to satisfy all residents that their town government is being
operated on their behalf with the highest degree of efficiency;
10. The assistant town manager shall cooperate with all community
organizations whose aims and purposes are to advance the in-
terests of the town and its residents and provide them with all
reasonable assistance obtainable through the town government
within the limits of the law;
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11. The assistant town manager shall make, or cause to be made,
studies and surveys of the duties, responsibilities and work of the
personnel in the various departments and services of the town
government, particularly those delegated to his or her supervi-
sion, and recommend to the town manager abolition or consoli-
dation of positions or transfers or removal of personnel, when in
his or her judgment, that action would increase the efficiency of
the administration of the town government;
12. The assistant town manager shall devote his or her entire work
effort to the discharge of his or her delegated duties. Exceptions
to this requirement may be granted by the town manager acting
upon a written request to the town manager;
13. The assistant town manager shall perform any other duties as
may be required of him or her by the town manager, not incon-
sistent with the laws of this state, this code or the ordinances of
the town.
E. Limitations upon responsibility The assistant town manager shall
not exercise any policy- making or legislative functions whatsoever,
or attempt to commit or bind the town manager or town council or
any council member to any action, plan or program requiring official
action of the town council. It is not intended by this chapter to grant
any authority to, or impose any duty upon, the assistant town man-
ager that is vested in or imposed by general law or town ordinances
in any town commission, board, officer or employee except as spe-
cifically set forth in this code.
F. Conduct. In the discharge of his or her duties, the assistant town
manager shall at all times endeavor to exercise the highest degree
of tact, patience, integrity and courtesy in his or her contact with the
public and with all town boards, departments and employees and
shall use his or her best efforts to establish and maintain a harmo-
nious relationship among all personnel employed in the government
of the town to the end that the highest possible standards of public
service shall be continuously maintained.
Section 3 -2 -3 Town clerk
A. Office established. The office of town clerk is hereby created and
established. The town clerk shall be appointed by the town man-
ager and shall perform the duties of the office of town clerk under
the general and specific direction of the town manager.
B. Bond. The town clerk shall furnish a surety bond to be approved by
the town council in an amount determined by the town council
which shall be conditioned upon the faithful performance of the du-
ties imposed upon the town clerk as described in this section. Any
premium for the bond shall be a proper charge against the town.
Nothing in this section shall preclude the town from obtaining a
blanket bond pursuant to the provisions of A.R.S. § 9 -302 to satisfy
this requirement.
C. Absence of town clerk. In the absence of the town clerk, the town
manager or other designee of the town council shall be the acting
town clerk. The acting town clerk shall have the duties and respon-
MARANA TOWN CODE
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Section 3 -2 -3 was amended by Ordinance
Nos. 2000.20 and 2003.13
Ordinance No. 2003.13 amended para-
graph C by removing references to the deputy
town clerk.
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Title 3. Administration ()
sibilities of the town clerk as established by law, this code or other
ordinance.
D. Compensation The town clerk shall receive such compensation as
the town manager shall fix at the time of appointment of the town
clerk, and the compensation shall be a proper charge against the
funds of the town. The town clerk shall be reimbursed for all sums
necessarily incurred or paid by him or her in the performance of his
or her duties, or incurred when traveling on business pertaining to
the town as approved by the town council by the adoption of its
budget. Reimbursement shall be made only when a verified item-
ized claim, setting forth the sums expended for which reimburse-
ment is requested, has been presented.
E. Powers and duties The town clerk shall have those powers and du-
ties set forth by state law as well as town ordinance, resolution, or-
der or directive. In addition to the powers and duties set forth
above, it shall be the town clerk's responsibility and authority to per-
form the following:
1. The town clerk shall keep a true and correct record of all busi-
ness transacted by the town council and any other records that
either pertain to the business of the town or that the town man-
Ordinance No. 2003.13 amended para-
"town
ager directs. The town clerk shall number, plainly label, and file
a g p y
graph 1 by replacing , council directs"
with town manager directs
separately in a suitable cabinet, all resolutions, notices, deeds,
surveys, leases, paid and unpaid vouchers, inventories, letters,
orders and other documents of whatever nature;
2. The town clerk shall keep convenient for public inspection all
public reports and public documents under the control of the
town clerk, as provided by state statute;
3. The town clerk shall prepare and collect from town officers and
Ordinance No. 2003.13 amended paragraph 3
employees monthly reports prepared in the manner and to in-
by replacing "town council" with "town man -
clude the information as directed by the town manager;
ager"
4. The town clerk shall prepare or cause to be prepared all minutes
of town council proceedings and ensure their correctness and
accuracy;
5. The town clerk shall process, record, file, publish and, if required
by state statute, post all ordinances, resolutions, budgets and
notices that may be passed by the town council;
6. The town clerk shall also be the treasurer of the town, and have
the duties and responsibilities as prescribed by state law;
7. The town clerk shall be the town election official and perform
those duties required by state statute and as directed by the
town council;
8. The town clerk shall issue or cause to be issued all licenses that
may be prescribed by state statute, town ordinance or this code;
9. The town clerk shall perform those administrative responsibilities
Ordinance No. 2003.13 amended paragraph 9
and duties that are conferred upon the town clerk by the town
by replacing "town council" with "town man -
manager in addition to those specified in town ordinances and
ager"
this code.
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Title 3. Administration ()
Section 3 -2 -4 Town marshal
The town marshal shall be the town clerk and shall perform duties re-
section 3 -2 -4 was revised by Ordinance
quired by law and as the town manager may deem necessary.
Nos. 2000.20 and 2005.22
Section 3 -2 -5 Town engineer
A. Office established The office of town engineer is hereby created
section 3 -2 -5 was revised by Ordinance
and established. The town engineer shall be appointed by the town
No. 2000.20.
manager and shall perform the duties of the office of town engineer
under the general and specific direction of the town manager.
B. Bond The town engineer shall furnish a surety bond to be approved
by the town council in an amount determined by the town council
which shall be conditioned upon the faithful performance of the du-
ties imposed upon the town engineer as described in this section.
Any premium for the bond shall be a proper charge against the
town. Nothing in this section shall preclude the town from obtaining
a blanket bond pursuant to the provisions of A.R.S. § 9 -302 to sat-
isfy this requirement.
C. Compensation The town engineer shall receive such compensation
as the town manager shall fix at the time of appointment of the town
engineer, and the compensation shall be a proper charge against
the funds of the town. The town engineer shall be reimbursed for all
sums necessarily incurred or paid by him or her in the performance
of his or her duties, or incurred when traveling on business pertain-
ing to the town as approved by the town manager. Reimbursement
shall be made only when a verified itemized claim, setting forth the
sums expended for which reimbursement is requested, has been
presented and approved by the town manager.
D. Powers and duties The town engineer shall have those powers and
duties set forth by state law as well as town ordinance, resolution,
order or directive. Notwithstanding the above, the town engineer
shall have charge of the town streets and public works and shall
perform those duties as may be required by law and any other du-
ties as the town manager may deem necessary.
Section 3 -2 -6 Town magistrate
A. Office established The office of town magistrate is hereby created
section 3 -2 -6 was revised by Ordinance
No. 2000.20.
and established. The town magistrate shall be appointed by the
town council.
B. Absence of town magistrate In the absence of the town magistrate
he or she shall be responsible for providing a judge pro tempore to
act as the town magistrate during the absence of the magistrate.
C. Compensation The town magistrate shall receive such compensa-
tion as the town council shall fix at the time of appointment of the
town magistrate, and the compensation shall be a proper charge
against the funds of the town.
D. Powers and duties The town magistrate shall be the presiding offi-
cer of the magistrate court and shall perform those functions neces-
sary to the maintenance of the town magistrate court as provided by
state statute and by title 5 of this code.
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Title 3. Administration ()
Section 3 -2 -7 Town attorney
A. Office established The position of town attorney is hereby created
section 3 -2 -7 was amended by Ordinance
Nos. 2000.20 and 2003.13. Ordinance
and established. The town attorney shall be appointed by the town
No. 2003 .13 amended paragraph A to provide
manager and shall be chosen on the basis of his or her qualifica
for appointment by the town manager.
tions and knowledge of accepted practice in respect to the duties of
the office as set forth in this section, and shall perform the duties of
the office of town attorney under the general and specific direction
of the town manager.
B. Bond The town attorney shall furnish a surety bond to be approved
by the town council in an amount determined by the town council
which shall be conditioned upon the faithful performance of the du-
ties imposed upon the town attorney as described in this section.
Any premium for the bond shall be a proper charge against the
town. Nothing in this section shall preclude the town from obtaining
a blanket bond pursuant to the provisions of A.R.S. § 9 -302 to sat-
isfy this requirement.
C. Compensation The town attorney shall receive such compensation
as the town manager shall from time to time determine. The town
Ordinance No. 2005.22 inserted "town man -
attorney shall be reimbursed for all sums necessarily incurred or
ager shall from time to time determine" for
paid by him or her in the performance of his or her duties, or in-
" town council shall from time to time deter -
curred when traveling on business pertaining to the town as ap
mine and fix by ordinance, resolution or mo-
t�on, and said compensation shall be a proper
proved by the town manager. Reimbursement shall be made only
charge against such funds of the town as the
when a verified itemized claim, setting forth the sums expended for
town council shall designate" to conform to
which reimbursement is requested, has been presented and ap
Ordinance No. 2003.13
proved by the town manager.
D. Powers and duties
1. The town attorney is the administrative head of the legal depart-
ment under the direction and control of the town manager.
2. The town attorney shall act as the legal counselor and advisor of
the town council and other town officials, as designated by the
town council, and as such shall give his or her opinions. When
requested the opinion shall be in writing.
3. The town attorney shall draft all deeds, contracts, conveyances,
ordinances, resolutions and other legal instruments when re-
quested by the town council or town manager.
4. The town attorney shall approve or disapprove as to form, in writ-
ing, all documents submitted to him or her.
5. The town attorney shall return within ten days all ordinances and
resolutions submitted to him or her for consideration by the town
council or town manager, with his or her approval or disapproval
as to form noted on them, together with his or her reasons if dis-
approved.
6. The town attorney shall prosecute and defend all suits, actions or
Ordinance No. 2003.13 amended para-
causes where the town is a party and report to the town manager
graph 6 by replacing "Town council" with
the condition of any suit or action to which the town is a party.
" Town manager"
Section 3 -2 -8 Other department heads
A. Office established The positions of department heads designated
section 3 -2 -8 was amended by Ordinance
by the town manager are hereby created and established in accor-
Nos. 2000.20, 2001.08 and 2003.13. Ordi-
nance No. 2003.13 removed a list of depart-
ment heads from paragraph A that had been
modified by Ordinance Nos. 2000.20 and
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2001.08.
Title 3. Administration ()
dance with section 3 -1 -2. These department heads shall be ap-
pointed, suspended or removed by the town manager and shall per-
form their duties under the general and specific direction of the town
manager.
B. Compensation These department heads shall receive such com-
pensation as the town manager shall fix from time to time.
C. Duties These department heads shall be charged with the respon-
sibilities set forth by the town manager, and shall perform the duties
of their office under the general and specific direction of the town
manager.
Chapter 3 -3 PERSONNEL POLICIES
Section 3 -3 -1 Creation and scope
The town council shall adopt a personnel system for the employees of
the town, the provisions of which shall apply to all classified employees
of the town. The town council may adopt rules and procedures pertain-
ing to the officers of the town appointed directly by the town council.
Section 3 -3 -2 Conditions of employment
The appointment, promotion and tenure of every employee shall be
conditioned solely on merit and fitness and the satisfactory perform-
ance of the duties and responsibilities assigned. No employee or ap-
plicant shall be discriminated against on the basis of race, color, na-
tional origin, religion, sex, disability, marital or familial status, veteran
status or political affiliation.
Section 3 -3 -3 Rules and regulations
The town council or town manager may adopt rules, regulations and
policies to give effect to this chapter, which may be modified or
changed from time to time, but the rules and regulations shall follow
the generally accepted principles of good personnel administration.
Section 3 -3 -4 Political contributions
No officer, official or employee of the town shall use any influence or
pressure upon any employee to obtain any assessment or contribution
of money or time, either direct or indirect, for any political campaign or
personal gain.
Chapter 3 -4 PURCHASING
Section 3 -4 -1 Scope of chapter
This chapter shall govern the purchase of any goods or services for or
on behalf of the town except as otherwise indicated. This chapter is
intended to supplement state law; however should applicable state law
provide stricter provisions regarding any proposed transaction, those
more stringent provisions shall apply.
Section 3 -4 -2 Town council approval; when required
Notwithstanding other provisions of this chapter, no purchases shall be
made by or on behalf of the town without first obtaining town council
approval in the following instances:
A. Where prior approval is required by state law or town code;
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Title 3. Administration ()
B. Where funds for the purchase are not provided in the budget as
adopted.
Section 3 -4 -3 Purchasing director; duties
Section 3 -4 -3 was amended by Ordinance
A. The finance director shall serve as the purchasing director and shall
No. 2002.22, which replaced "town manager"
direct and control all purchases of goods and services made by or
with "finance director"
on behalf of the town. The purchasing director may delegate his or
her administrative function.
B. The purchasing director shall approve or deny all purchase requests
and shall report to the town council on any purchase requiring town
council approval.
Section 3 -4 -4 Emergency purchases; procedure
In case of an emergency which requires immediate purchase of sup-
plies or services and when time is of the essence and applicable state
law does not provide otherwise, the mayor shall be empowered to au-
thorize the purchasing director to acquire goods or services without
complying with the requirements and procedures in this chapter. A full
report of the circumstances of the emergency and the goods or ser-
vices obtained shall be made to the town council at its next regular
meeting.
Section 3 -4 -5 Purchases in general; bids
Section 3 -4 -5 was amended by Ordinance
A. Purchases under $1,000 Whenever the contemplated purchase or
No. 2002.21.
contract for building services is for the sum of less than $1,000,
upon completion of a requisition form and purchase order form, the
purchasing director may obtain the goods or services without further
formality.
B. Over $1,000 but under $10,000 inclusive Whenever any contem-
plated purchase or contract for building services is for the sum of at
least $1,000 but not more than $10,000, the purchasing director is
authorized to let contracts on an "informal bid" process, by obtaining
at least three bids by phone or in writing. The purchasing director
may then award the purchase or contract of service to the lowest
responsible bidder.
C. In excess of $10,000 Whenever any contemplated purchase or
contract for building services is for a sum exceeding $10,000, the
purchasing director shall cause to be published in two issues of a
newspaper of general circulation in the town, notice inviting bids,
which notice shall be published at least ten days prior to the date
set for the receipt of bids. The notice required by this paragraph
shall include a general description of the purchase or services to be
performed and the time and place for opening bids. In addition, the
purchasing director shall post a notice inviting bids in the town hall
and may also mail to all responsible prospective suppliers a copy of
the notice inserted in the newspaper. The bid shall be awarded by
the purchasing director as provided in this chapter.
Section 3 -4 -6 Exceptions
A. Exclusive service If there is only one firm or company or individual
capable of providing a particular service or commodity and the ser-
vices or commodities cannot be secured from other persons or
companies, the bidding procedures set forth in section 3 -4 -7 shall
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Title 3. Administration ()
not be applicable, and the services or commodities may be secured
without bidding. The town manager shall report to the town council
at the next regularly scheduled meeting any such purchases.
B. Used equipment Upon recommendation of the town manager, the
town council may elect to waive the bid procedures with respect to
the purchase of used equipment.
C. Cooperative purchasing The purchasing director may approve a
purchase or contract for services made by, through, or with the Ordinance No. 2005.22 rewrote paragraph C
state or its political subdivisions without a formal bidding process
whenever other governmental units have done so for the same item
or service, if in the opinion of the town manager a separate bidding
process is not likely to result in a lower price for the items or ser-
vices.
Section 3 -4 -7 Bidding procedure
Except as provided in state law, the purchasing director shall follow the
procedure set forth in this section for all purchases and contracts sub-
ject to the formal bidding process:
A. A notice of solicitation for bids shall state the date, time and place of
opening, and the place and time period within which bids shall be
submitted.
B. The notice shall state with particularity the goods or services re-
quired and shall state the place where specifications may be exam-
ined.
C. Bids shall be submitted in a sealed envelope clearly identified as a
bid on the front of the envelope. Any bid not received within the time
period allowed shall be rejected.
D. All bids shall be opened in public at the time and place specified,
and a tabulation of all bids shall be posted in town hall for public in-
spection.
E. All bidders shall be notified in writing of the award or rejection of any
and all bids.
Section 3 -4 -8 Lowest responsible bidder
A. Unless the purchasing director exercises the right of rejection, all
goods and services shall be awarded to the lowest responsible bid-
der. In determining the lowest responsible bidder, the town council
or the purchasing director shall consider:
1. The ability, capacity and skill of the bidder to perform the contract
or provide the services required in a timely manner;
2. The quality of performance in previous contracts with the town,
together with previous and existing compliance with the ordi-
nances of the town;
3. The financial resources and ability of the bidder;
4. The quality, availability and adaptability of the goods or service.
B. The purchasing director shall select providers of goods and services
without regard to race, color, national origin, ethnicity, religion or
creed, sex, disability, age, marital or familial status or political affilia-
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Title 3. Administration ()
tion as required by the town policy of equal opportunity and non
discrimination.
Section 3 -4 -9 Performance bond
The purchasing director shall have the authority to require a perform-
ance bond, in an amount as the purchasing director may deem suffi-
cient, to secure the execution of a contract for construction, provided,
however, that in a contract for construction in excess of $10,000, a
bond shall be required. In all cases of construction to which state law
applies, any requirement for a bond shall be incorporated into the con-
tract.
Section 3 -4 -10 Purchases from mayor or town council members
Pursuant to A. R.S. § 38- 503(C), the town, through its town council,
may purchase supplies, materials and equipment not to exceed $300
in cost in any single transaction or a total of $1,000 annually from the
mayor or any member of the town council without using competitive
public bidding procedures according to an annually adopted town pol-
icy.
Section 3 -4 -11 Professional and technical services
A. The provisions of this chapter shall not apply to professional or
technical services.
B. No person or firm practicing in a professional or technical field for
which a license is required by state law shall be engaged by the
town unless possessing a current license in good standing.
C. Upon engagement, the town shall enter into a written agreement or
memorandum of understanding for the performance of professional
and technical services setting forth the scope of and the unit or total
price for services.
Section 3 -4 -12 Obsolete supplies and equipment
All departments and offices shall submit to the purchasing director, at
the time and in the form as shall be prescribed, reports showing all
supplies and equipment that have become obsolete. The purchasing
director shall have the authority to dispose of all supplies and equip-
ment that have become obsolete, with the approval of the town man-
ager.
Section 3 -4 -13 Signatures on checks
All checks for expenditures of town monies shall bear one signature of
either the town manager, town clerk, finance director, mayor or vice
mayor.
Section 3 -4 -14 State preemption
Notwithstanding any other portion of this chapter, if any purchase or
contract falls within the definitions for limitations of A.R.S. § 34 -201 et
seq., as amended, the provisions, requirements and specifications of
the relevant portions of the Arizona Revised Statutes shall supersede
this title and control any such bidding procedures.
MARANA TOWN CODE 3 -16
{00001471.DOC I}
Section 3 -4 -12 was rewritten by Ordinance
No. 2002.22.
Section 3 -4 -13 was amended by Ordinance
No. 96.31 to delete a requirement for two
signatures, and by Ordinance Nos. 98.18,
98.22 and 2000.18, addressing the signature
of the finance director
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Title 4
Police Department
CHAPTER 4 -1 POLICE DEPARTMENT .......................................................... ...............................
{00001471. DOC I}
Title 4. Police Department ()
TITLE 4. POLICE DEPARTMENT
Chapter 4 -1 POLICE DEPARTMENT Title 4 was adopted by Ordinance No. 96.11
Section 4 -1 -1 Created; composition
There is hereby created a police department for the town which shall
consist of a chief of police and as many police officers as may from
time to time be deemed necessary by the town council for the safety
and good order of the town.
Section 4 -1 -2 Appointment of officers
The chief of police shall be appointed by the council upon the recom-
mendation of the town manager. The chief of police shall appoint as
many police officers as may from time to time be deemed necessary
for the safety and good order of the town with the approval of the
council.
Section 4 -1 -3 Compensation of officers
The chief of police and the police officers of the town shall be compen-
sated as determined by the council. The chief of police shall not re-
ceive any perquisites, commissions or compensation for his services
as chief of police, except as the council may prescribe.
Section 4 -1 -4 Departmental rules and regulations
The police department shall be operated and managed in accordance
with the departmental rules and regulations as may from time to time
be adopted by the chief of police, with the approval of the council.
Section 4 -1 -5 Duties of chief of police
A. It shall be the duty of the chief of police to:
1 Enforce this code and state statutes by arresting and charging Paragraph A(1) was rewritten by Ordinance
violators within jurisdictional limits; No. 2005.22
2. Render any account of the police department, its duties and re-
ceipts as may be required by the council, and keep records of
the office open to inspection by the council at any time, except
those records as may be exempted by state or federal law. In-
vestigate or direct the investigation of criminal acts occurring
within his jurisdiction and file or supervise the filing of necessary
reports;
3. Direct and ensure the orderly flow of traffic and investigate and
make reports of traffic accidents;
4. Inspect and ascertain the condition of traffic control devices of
every description which have been erected within the town on
the authority of the town engineer and to notify the town engineer
of any defects found in them;
5. In the absence of the town clerk, collect all license fees of every
nature levied within the town and pay over to the treasurer all
monies received by him, taking receipts for it;
6. Supervise and control officers and personnel of the police de-
partment;
MARANA TOWN CODE 4 -1 1111512005
{00001471.DOC I}
Title 4. Police Department ()
7. Perform any additional duties as may be required by the council
or manager.
Section 4 -1 -6 Animal control
The chief of police and members of the police department, in addition
to their other powers, are hereby authorized and empowered to en-
force any and all rules or regulations of the county board of health re-
lating to animals.
Section 4 -1 -7 Answering calls outside the town
The members of the police department of the town are duly authorized
to answer calls for aid and assistance beyond the corporate limits of
the town pursuant to mutual aid agreements and state statutes.
MARANA TOWN CODE
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4 -2
1111512005
Title 5
Municipal Court
CHAPTER 5 -1
CHAPTER 5 -2
CHAPTER 5 -3
CHAPTER 5 -4
CHAPTER 5 -5
CHAPTER 5 -6
MUNICIPAL COURT ESTABLISHED; JURISDICTION .......... ..............................1
MAGISTRATE DEPARTMENT ............................................... ...............................
COURT ADMINISTRATION DEPARTMENT ........................... ..............................2
PROCEEDINGS OF COURT .................................................... ..............................2
JURYSYSTEM ........................................................................ ............................... 3
FEES ........................................................................................ ............................... 3
{00001471. DOC I}
Title 5. Municipal Court ()
TITLE 5. MUNICIPAL COURT
Title 5 was adopted by Ordinance No. 96.10.
Chapter 5 -1 MUNICIPAL COURT ESTABLISHED; JURISDICTION
See Ordinance Nos. 77 -4 and 77 -5 for prior
history.
Section 5 -1 -1 Jurisdiction
There is hereby established in the town a municipal court which shall
have jurisdiction of all violations of this code, other town ordinances,
and jurisdiction concurrently with justices of the peace of precincts in
which the town is located of violations of laws of the state committed
within the limits of the town.
Section 5 -1 -2 Municipal court departments
There are hereby established within the municipal court: a magistrate
section 5 -1 -2 was added b Ordinance
y
department, consisting of the town magistrate, the necessary support
p g g y p p
No. 2001.08.
staff to the town magistrate, any assistant town magistrates, and all
judges pro tempore; and a court administration department, consisting
of the court administrator and all other court personnel.
Chapter 5 -2 MAGISTRATE DEPARTMENT
Chapter 5 -2 was renamed from "Presiding
"magistrate
Officer" to Department" by Ordi-
Section 5 -2 -1 Town magistrate
nance No. 2001.08.
There shall be appointed by the town council a town magistrate and
those assistants as are necessary for the performance of the office.
section 5 -2 -1 was amended by Ordinance
Nos. 2001.06 and 2001.08. Ordinance
The town magistrate shall serve as the department head of the magis-
No. 2001.06 provided for the appointment of
trate department. The town magistrate shall be appointed by the town
the Town magistrate in even - numbered years
council to a two year term beginning July 1 of each even numbered
instead of odd- numbered years, and extended
year and automatically expiring on June 30 of the next - following even
the sitting Town magistrate's term of office by
numbered ear. During said term, the town m and assistant
y g g
one year. Ordinance No. 2001.08 added the
second sentence.
magistrates may be removed only for cause. The provisions of this
chapter shall not apply to special magistrates or acting magistrates
appointed by the council, for the purposes of hearing a particular case,
or as a substitute for the town magistrate in the town magistrate's ab-
sence.
Section 5 -2 -2 Powers and duties of town magistrate
In addition to the powers and duties of a department head, the powers
section 5 -2 -2 was rewritten by Ordinance
No. 2001.08.
and duties of the magistrate shall include:
A. The powers and duties set forth and conferred upon him or her un-
der the provisions of the state constitution and statutes, this code
and the ordinances and resolutions of the town.
B. The supervision of the assistant town magistrates, judges pro tem-
pore, magistrate's assistants, and other personnel of the magistrate
department.
C. The responsibility for fixing all bonds, bails and other monies as
provided by law.
D. Preparation of a schedule of traffic violations not involving the death
of a person, listing specific bail for each violation.
E. Designation of a deputy other than a law enforcement officer and a
specific location where the deputy shall, during hours when court is
Paragraph E was rewritten by Ordinance
not open, set and collect the amount of bail in accordance with the
No. 2005.22
foregoing schedule, or accept proper bail bonds in lieu of bail, for
and on behalf of the court.
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{00001471.DOC I}
Title 5. Municipal Court
F. Preparation of a schedule of civil traffic violations listing a specific
deposit for each violation.
Section 5 -2 -3 Hearing officers
The magistrate, with the approval of the council, may appoint one or
more hearing officers to preside over civil traffic violation cases when
the appointment of hearing officers is necessary to assure prompt dis-
position of civil traffic violation cases. Hearing officers may hear and
dispose of civil traffic violation cases under supervision of the presiding
officer of the municipal court which are appealable to the superior court
pursuant to title 22, chapter 2, Article 4, Arizona Revised Statutes.
Chapter 5 -3 COURT ADMINISTRATION DEPARTMENT
Chapter 5 -3 was adopted by Ordinance
Section 5 -3 -1 Court administrator
No. 2001.08
There shall be appointed by the town manager a court administrator.
The court administrator shall serve as the department head for the
court administration department.
Section 5 -3 -2 Powers and duties of court administrator
In addition to the powers and duties of a department head, the powers
and duties of the court administrator shall include:
A. The supervision of the court clerk in keeping a docket where each
Paragraph A was rewritten b Ordinance
y
action and the proceedings of the court in each action shall be en-
No. 2005.22
tered.
B. The responsibility for receiving all bonds and bails fixed by the town
magistrate and receiving all fines, penalties, fees and other monies
as provided by law.
C. Payment of all fees, fines, penalties and other monies collected by
the court to the town treasurer, including JCEF funds.
D. Supervision of all personnel within the court administration depart-
ment.
E. Other reasonable duties as established by job description or as de-
termined the council or town manager.
Section 5 -3 -3 Personnel
The court administration department shall contain the following per-
sonnel, under the supervision of the court administrator:
A. The clerk of the court, who shall be responsible for maintaining the
court's docket and who shall receive all bonds, bails, fines, penal-
ties, fees and other monies as provided by law that are paid to the
court.
B. The court bailiff and /or marshal, who shall be responsible for main-
taining the order of the court.
C. Any other personnel necessary to the functioning of the department.
Chapter 5 -4 PROCEEDINGS OF COURT
Section 5 -4 -1 Rules of court
Section 5 -4 -1 was amended by Ordinance
The proceedings of the court shall be conducted in accordance with
No. 2001.08.
the state constitution, the applicable state statutes and rules of the
MARANA TOWN CODE 5 -2 1111512005
{00001471.DOC I}
Title 5. Municipal Court ()
state supreme court pertaining to municipal courts. The proceedings
shall also be conducted in accordance with the rules of criminal proce-
dure for the superior court, unless otherwise prescribed, and providing
this code and resolutions of the town are not in conflict therewith.
Section 5 -4 -2 Complaint
The municipal court proceedings shall be commenced by complaint
under oath and in the name of the state setting forth the offense
charged with and those particulars of time, place, person and property
necessary to enable the defendant to understand distinctly the charac-
ter of the offense complained of and to answer the complaint.
Chapter 5 -5 JURY SYSTEM
Section 5 -5 -1 Formation of jury
The formation, summoning, drawing, disposition of names and the im-
paneling of jurors in the municipal court shall be accomplished in the
same manner as provided for in courts of record as more fully set forth
in title 21, chapter 3, of the Arizona Revised Statutes.
Section 5 -5 -2 Selection of jurors
For the selection of potential jurors, the list of registered voters shall be
furnished by the clerk of the Board of Supervisors of Pima County.
Chapter 5 -6 FEES
Section 5 -6 -1 Fee schedule for court costs
A. The following fees are established to recover costs associated with
the fees charged to the town treasury for returned checks and addi-
tional costs incurred due to court non - appearance.
1. The fee for the taking of a default judgment shall be $38.
2. The fee for all returned checks shall be $20 per item.
B. The following fees are established to allow the municipal court to
impose and collect new court fees and allocate charges to defen-
dants who incur them. These fees shall be imposed in addition to
fees otherwise assessable by statute.
1. Any person who has been convicted of a misdemeanor criminal
offense in the Marana town Court and sentenced to a term of in-
carceration in any detention facility authorized by law shall be
required to pay a jail reimbursement fee in the amount actually
paid by the town for that incarceration.
2. Upon a defendant's conviction at trial or conviction by plea agree-
ment the Marana town Court shall impose a one time per citation
prosecution fee against each defendant in an amount set forth
below:
a. The prosecution fee for a misdemeanor citation shall be $10.
b. The prosecution fee for a violation of title 28, chapter 4, Ari-
zona Revised Statutes, shall be $35.
c. A prosecution fee of a higher or lower amount may be im-
posed as set forth in a written plea agreement and based
MARANA TOWN CODE 5 -3
{00001471.DOC I}
Paragraphs 8, C and D were added by Ordi-
nance No. 99.01
1111512005
Title 5. Municipal Court
upon the actual cost of prosecution services and the indigent
status of the defendant.
3. An administrative warrant fee in the amount of $20 shall be im-
posed to cover the Marana town court's costs for processing
warrants when a Marana town court magistrate issues a warrant
for failure to comply with a court order, failure to pay a fine, fail-
ure to pay restitution or failure to appear.
4. The Marana town court shall impose a court improvement fee in
the amount of $5 per citation which shall be applied by the court
on all fines, sanctions, penalties and assessments imposed by
the court with the exception of parking violations.
5. A suspension fee in the amount of $15 shall be imposed for each
suspension of a person's driver's license issued by the Marana
town court. Any person who has had a suspension issued by the
court for failure to appear in a civil traffic violation case or for fail-
ure to satisfy in full a civil sanction imposed in a civil traffic viola-
tion case shall be required to pay this fee to the court for the cost
of issuing and servicing the suspension. This fee shall be applied
to each suspension issued.
6. A jury cancellation fee shall be imposed on any party who re-
quests a jury trial within the Marana town court, if within five days
of the trial and after the court has arranged for the paneling of a
jury, the party decides to not proceed with the jury trial. The
amount of the jury cancellation fee shall be the actual costs in-
curred in connection with the canceled paneling which at present
time varies between $100 and $400.
7. An abstract fee of $10 shall be assessed upon each person re-
questing a court abstract for the purpose of reinstating a driver's
license whether the driver's license was suspended as a result of
a civil or criminal violation.
8. In addition to any other remedy allowed by law, the town attorney
is authorized to institute any appropriate action for recovery of
any and all monies owed or due to the Marana town court includ-
ing, but not limited to, restitution, fees, sanctions, surcharges,
assessments, penalties, bonds, costs, and fees. A defendant
who defaults in his or her obligation for the payment of monies
owed or due to the court is liable for all costs of collection includ-
ing attorney fees and costs, and fees and charges assessed by a
collection agency licensed pursuant to title 32, chapter 9, Arizona
Revised Statutes, that is engaged to collect and enforce that ob-
ligation.
C. The magistrate shall retain the power to waive all or any part of fee
assessments if any of the following conditions apply:
1. The defendant is found by the Marana town court to be indigent;
2. The fee imposed upon a defendant causes a hardship on the de-
fendant or the defendant's immediate family; or
3. In the opinion of the magistrate the waiver would be in the inter-
est of justice.
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Title 5. Municipal Court
D. There is hereby established a court improvement fund which shall
be used exclusively to enhance the technological, operational and
security capabilities of the Marana town court. The court improve-
ment fund shall be established as a designated fund account with
the town treasurer. The court shall collect the court improvement
fees as defined in this section and deposit them in the court im-
provement fund account. The town treasurer shall invest the monies
in the fund in the same manner as town funds. Interest earned on
fund monies shall be deposited in the fund.
MARANA TOWN CODE
{00001471.DOC I}
5 -5
1111512005
Title 6
CHAPTER 6 -1
CHAPTER 6 -2
CHAPTER 6 -3
CHAPTER 6 -4
CHAPTER 6 -5
CHAPTER 6 -6
CHAPTER 6 -7
CHAPTER 6 -8
CHAPTER 6 -9
Animal Control
U
DEFINITIONS ............................................................................ ..............................1
LICENSING; VACCINATION; KENNEL PERMITS; REGULATIONS ...................2
DOGS AT- LARGE; DOG WASTE REMOVAL; PENALTY; EXCEPTIONS .......... 2
CRUELTY AND NEGLECT OF ANIMALS ............................... ..............................3
VICIOUS OR DESTRUCTIVE ANIMALS ................................ ............................... 5
DANGEROUS ANIMALS .......................................................... ..............................7
EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS ...... .............................11
AUTHORITY TO ENFORCE, REMOVE AND IMPOUND ....... .............................11
RULES OF PROCEDURE ....................................................... .............................12
{00001471. DOC I}
Title 6. Animal Control ()
TITLE 6. ANIMAL CONTROL
Title 6 was adopted by Ordinance No. 96.01.
Chapter 6 -1 DEFINITIONS
See Ordinance Nos. 90.02, 91.20 and 94.01
for prior history. Ordinance No. 2005.22 stan -
Section 6 -1 -1 Reserved
dardized all references to enforcement by
referencing the town animal enforcement
Section 6 -1 -2 Definitions
agent. Land use regulations relating to ani-
mals may be found in the Land Development
A. The following definitions shall apply throughout this title unless the
Code.
context clearly indicates otherwise.
Ordinance No. 2005.22 deleted section 6 -1 -1
1. "Animal" means every non human mammalian species of animal,
entitled "General rule regarding definitions," a
both domestic and wild.
duplication of section 1 -3 -1
2. "At- large" means being neither confined by an enclosure nor
physically restrained by a leash.
3. "Bite" means any penetration of the skin by the teeth of any ani-
mal.
4. "Biting animal" means any animal that bites or otherwise injures
human beings or other animals without provocation.
5. "Collar" means a band, chain, harness or suitable device worn
around the neck of a dog to which a license may be affixed.
6. "Destructive animal" means any animal that has a propensity to
destroy, damage or cause damage to the property of a person
other than the animal's owner.
7. "Dog" means any member of the canine species.
8. "Impound" means the act of taking or receiving an animal into
custody for the purpose of confinement at the town animal en-
forcement agent's facility.
9. "Leash" or "lead" means a chain, rope, leather strap, cord or simi-
lar restraint attached to a collar or harness or otherwise secured
around an animal's neck.
10. "Licensed dog" means any dog having a current license.
11. "Livestock" means neat animals, horses, sheep, goats, swine,
mules and asses.
12. "Owner" means any person owning, keeping, possessing, har-
boring, maintaining or having custody or otherwise having control
of an animal within the town limits.
13. "Police dog" means any dog belonging to any law enforcement
agency service dog unit.
14. "Property line" means the line which represents the legal limits
of property (including an apartment, condominium, room or other
dwelling unit) owned, leased or otherwise occupied by a person,
business, corporation or institution. In cases involving sound
from an activity on a public street or other public right -of -way, the
"property line" shall be the nearest boundary of the public right-
of-way.
15. "Provocation" means any behavior toward an animal or its own-
ers or its owner's property which is likely to cause a defensive
reaction by the animal.
1111512005
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{00001471.DOC I}
Title 6. Animal Control ()
16. "Tie out" means a chain, leash, wire cable or similar restraint at-
tached to a swivel or pulley.
17. "Under restraint" means an animal secured by a leash or lead
and under control of a responsible person, or confined within a
vehicle or located upon the real property limits of its owner.
18. "Vaccination" means an anti rabies vaccination using a type of
vaccine approved by the state veterinarian and administered by
a state licensed veterinarian.
19. "Vicious animal" means any animal that bites, attempts to bite,
endangers or otherwise injures or causes to be injured, human
beings or other animals.
Chapter 6 -2 LICENSING; VACCINATION; KENNEL PERMITS;
REGULATIONS
The provisions of this title are in addition to any requirements under
United States law, Arizona law, county law and other applicable regu-
lations relating to the licensing of dogs, vaccination, kennel permits
and other regulations which are not in conflict with the regulations con-
tained in this title.
Chapter 6 -3 DOGS AT- LARGE; DOG WASTE REMOVAL;
PENALTY; EXCEPTIONS
Section 6 -3 -1 At -large dogs prohibited
It shall be a civil infraction for any dog to run at -large within the town
upon the streets, sidewalks, alleys or other public property, or upon the
private premises of another person.
Section 6 -3 -2 Exceptions
A. Dogs may be at -large as an exception to this chapter as follows:
1. While participating in field trials, obedience classes or kennel
club events where the trials, classes or events have been ap-
proved by the town or the county.
2. While being used or trained for legal hunting or for control of live-
stock.
3. While assisting a peace officer engaged in law enforcement du-
ties.
4. Guide dogs while assisting blind, deaf or physically handicapped
persons, so long as the dogs are under direct and effective voice
control of that individual to assure that they do not violate any
other provisions of law.
Section 6 -3 -3 Waste removal required
A. It shall be a civil infraction for the owner or person having custody of
any dog to fail immediately to remove and dispose of in a sanitary
manner any solid waste deposited by his or her dog on public prop-
erty or deposited on private property without the consent of the per-
son in control of the property. This subsection shall not apply to
blind persons, persons with mobility disabilities or law enforcement
officers accompanied by police dogs while on duty.
MARANA TOWN CODE 6 -2
{00001471.DOC I}
Ordinance No. 2005.22 amended Para-
graph (A)(1) to replace "Pima County Animal
Control" with "the county"
1111512005
Title 6. Animal Control
B. It shall be a civil infraction for the owner or person having custody of
any dog to deposit, cause to be deposited or allow to accumulate
within or about his or her premises, for a longer time than twenty -
four hours, any solid wastes from dogs. This provision is to include
animal wastes on private property, including property owned,
leased or controlled by the owner of the dog.
Section 6 -3 -4 Violations; penalty
A. A violation of any provision of this chapter is punishable as follows:
1. For a first violation within a 12 month period, a fine of not less
than $25 or more than $300.
2. For a second violation within a 12 month period, a fine of not less
than $75 or more than $300.
3. For a third or subsequent violation within a 12 month period, a
fine of not less than $200 or more than $300.
B. Any individual having received a notice of violation and failing to ap-
pear at the hearing time designated in the notice of violation, or time
designated for hearing by the court, shall be deemed to have admit-
ted the allegations of the complaint, and the court shall enter judg-
ment for the town and impose a civil sanction in accordance with
the provisions of this title.
C. If any penalty ordered to be paid by the court or forfeited pursuant
to default is not paid within 30 days of the magistrate's order, ap-
propriate civil proceedings both legal and equitable may be insti-
tuted by the town attorney to enforce the administrative order. In
addition, the magistrate may institute judicial proceedings as pro-
vided by law to collect the penalty. All penalties collected pursuant
to this chapter shall be paid to and become the property of the
town.
D. A town animal enforcement agent may, in addition to the proce-
dures prescribed in this section, impound, or cause to be im-
pounded, any dog running at -large contrary to the provisions of this
chapter.
E. Upon the impounding of a licensed dog, the owner shall be immedi-
ately notified in person or by mail and may reclaim the dog upon
payment of all costs and charges incurred in picking up, impounding
and maintaining the dog.
F. Any licensed dog unclaimed within seven days of its impoundment
may be placed for adoption or humanely destroyed within the dis-
cretion of the town animal enforcement agent.
G. Any unlicensed dog unclaimed within three days may be placed for
adoption or humanely destroyed within the discretion of the town
animal enforcement agent.
Chapter 6 -4 CRUELTY AND NEGLECT OF ANIMALS
Section 6 -4 -1 Cruelty prohibited
Whoever overdrives, overloads, overworks, tortures, torments, cruelly
beats, mutilates or unlawfully kills an animal or causes or procures an
animal to be so overdriven, overloaded, driven when overloaded,
MARANA TOWN CODE 6 -3
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Title 6. Animal Control ()
overworked, tortured, tormented, cruelly beaten, mutilated or killed,
and whoever, having charge or custody of an animal, either as owner
or otherwise, inflicts unnecessary cruelty upon it, cruelly drives or
works it when unfit for labor, or cruelly abandons it, or carries it or
causes it to be carried in or upon a vehicle or otherwise, in an unnec-
essarily cruel or inhumane manner or knowingly and willfully author-
izes or permits it to be subjected to unreasonable or unnecessary tor-
ture, suffering or cruelty of any kind, shall be guilty of a class 2 misde-
meanor.
Section 6 -4 -2 Neglect prohibited
A. The purpose of this section is to guarantee that animals under hu-
man custody or control are housed in healthy environments and are
provided with proper food, water, shelter, medical care, exercise
space and ventilation. Any person owning or having care, control or
custody of any animal shall provide:
1. That the animal receives daily, food that is free from contamina-
tion and is of sufficient quantity and nutritive value to maintain
the animal in good health;
2. That potable water is accessible to the animal at all times, either
free - flowing or in a clean receptacle;
3. That except for livestock, all animals have convenient access to
natural or artificial shelter throughout the year. Any such artificial
shelter shall be structurally sound and maintained in good repair
to protect the animal from injury and from the elements and of
sufficient size to permit the animal to enter, stand, turn around
and lie down in a natural manner. Any shelter which does not
protect the animal from temperature extremes or precipitation, or
which does not provide adequate ventilation or drainage, does
not comply with this chapter. Any shelter, all bedding and any
spaces accessible to the animal shall be maintained in a manner
which minimizes the risk of the animal contracting disease, being
injured or becoming infested with parasites;
4. That the animal receives care and medical treatment for debilitat-
ing injuries, parasites and diseases, sufficient to maintain the
animal in good health and minimize suffering;
5. That the animal is given adequate exercise space either:
a. Within an enclosure that shall be constructed of material, and
in a manner, to minimize the risk of injury to the animal, and
shall encompass sufficient usable space to keep the animal in
good condition, or
b. On a tie out, consisting of a chain, leash, wire cable or similar
restraint attached to a swivel or pulley. A tie out shall be so
located as to keep the animal exclusively on the secured
premises. Tie outs shall be so located that they cannot be-
come entangled with other objects. Collars used to attach an
animal to a tie out shall not be of a choke type. No tie out
shall employ a restraint which is less than ten feet in length;
6. That the animal has access to adequate ventilation and is pro-
tected from temperature extremes at all times. In this connection,
MARANA TOWN CODE 6 -4
{00001471.DOC I}
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Title 6. Animal Control
it is unlawful for any person to keep any animal in a vehicle or
other enclosed space in which the temperature is either so high
or so low, or the ventilation is so inadequate, as to endanger the
animal's life or health.
Section 6 -4 -3 Protection of animals by town; violations;
penalty
A. Any peace officer or town animal enforcement agent is authorized to
use whatever force is reasonable and necessary to remove any
animal from a vehicle or other enclosed space whenever it appears
that the animal's life or health is endangered by extreme tempera-
tures or lack of ventilation within the vehicle or other enclosed
space.
B. No peace officer or town animal enforcement agent shall be liable
for damages to property caused by the use of reasonable force to
remove an animal from such a vehicle or other enclosed space un-
der those circumstances.
C. Any peace officer or town animal enforcement agent is authorized
and empowered to remove and impound any animal in plain view
and suffering from life threatening exigent circumstances. The
owner of any animal removed and impounded under the provisions
of this chapter shall be liable for any impoundment, boarding or vet-
erinary fees incurred in connection therewith.
D. Any of the provisions of this chapter may be waived as dictated by
treatment under the direction of a licensed veterinarian.
E. An owner of an animal charged with a violation of this chapter shall
produce that animal for inspection or impoundment upon the re-
quest of the town animal enforcement agent. All owners shall be re-
sponsible for any and all applicable impoundment and boarding
fees in connection therewith.
F. Any person violating the provisions of this chapter shall be guilty of
a class 2 misdemeanor.
G. A violation of any provision of this chapter is punishable by a fine of
not less than $100 or more than $750, four months in jail, two years
probation, or any combination of these sanctions. The magistrate
may not grant probation in lieu of, or otherwise suspend, the imposi-
tion of the minimum fine prescribed in this paragraph. As a condi-
tion of probation, the magistrate may order that the owner shall not
be permitted to own or control any animal for a period of up to two
years. This shall not be construed to affect, in any way, the imposi-
tion of any mandatory minimum penalties provided in this para-
graph.
Chapter 6 -5 VICIOUS OR DESTRUCTIVE ANIMALS
Section 6 -5 -1 Keeping vicious or destructive animals
prohibited
It is unlawful for any person to keep, control, harbor or otherwise have
under control any animal which is vicious or destructive. This chapter
shall not apply to zoos, wild animal parks or animal shelters, or to per-
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Title 6. Animal Control
sons who are in compliance with an order of the town magistrate, is-
sued pursuant to this chapter.
Section 6 -5 -2 Violations; penalty
A. The owner of any animal that bites, attempts to bite, endangers or
otherwise injures or causes injury to human beings or other ani-
mals, or destroys, damages or causes damage to the property of
another person is guilty of a class 1 misdemeanor.
B. An owner of an animal charged with a violation of this chapter shall
produce that animal for inspection or impoundment upon the re-
quest of the town animal enforcement agent. All owners shall be re-
sponsible for any and all applicable impoundment and boarding
fees in connection therewith.
C. It is unlawful for any person to fail to comply with an order of the
magistrate regarding a vicious or destructive animal. It is a separate
offense for each day that the person fails to comply with the magis-
trate's order.
D. A violation of any provision of this chapter is punishable by a fine of
up to $2,500, six months in jail, three years probation or any combi-
nation of these sanctions. The magistrate may not grant probation
in lieu of, or otherwise suspend, the imposition of the minimum fine
prescribed.
E. In addition to the above sanctions, upon the declaration of an ani-
mal as vicious or destructive, the magistrate shall order the owner
to do one or more of the following:
1. The animal shall be kept in an enclosure that is high enough so
that the animal cannot bite, harm or injure anyone outside the
enclosure. The enclosure and property whereon it is located
shall be posted with conspicuous warning signs, and at no time
shall the animal leave the enclosure unless it is muzzled,
leashed and under the control of an adult human being; or
2. The animal be banished from the town limits; or
3. The animal be spayed or neutered at the owner's expense; or
4. The animal be humanely destroyed; or
5. Restitution up to $1,000 may be ordered made by the owner to
the victim. This remedy shall not abridge any civil cause of action
by the victim.
F. It shall be an affirmative defense to the provisions of this chapter if
the animal is:
1. Not at -large and there is provocation; or
2. The dog is a police dog under the command of its trainer.
G. In any proceeding brought to enforce a violation of this chapter, the
following procedure shall be used.
1. A peace officer or town animal enforcement agent, upon deter-
mining that any animal within the town limits is vicious and is an
immediate danger to the safety of any person or other animal,
may impound the animal immediately.
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Title 6. Animal Control ()
2. Within ten days of the date of impoundment, the town magistrate
shall conduct a hearing provided under this chapter.
3. The owner of the animal shall be notified of this hearing by the
court. Upon proof of notification, the hearing may proceed in the
owner's absence.
Chapter 6 -6 DANGEROUS ANIMALS
Section 6 -6 -1 Definitions
A. A dangerous animal means one which has been declared to be vi-
cious or destructive pursuant to this title or displays or has a ten-
dency, disposition or propensity, as determined by the town animal
enforcement agent, to:
1. Injure, bite, attack, chase or charge, or attempt to injure, bite, at-
tack, chase or charge a person or domestic animal in a threaten-
ing manner; or
2. Bare its teeth or approach a person or domestic animal in a
threatening manner.
B. A dangerous animal does not include an animal used in law en-
forcement, nor does this chapter apply to animals in custody of
zoos or wild animal parks, animals placed in animal shelters, ani-
mals under care of veterinarians or wild animals.
Section 6 -6 -2 Declaring an animal dangerous; notice
A. The town animal enforcement agent shall develop guidelines to de-
termine if an animal is a dangerous animal.
B. Whenever the town animal enforcement agent has reason to be-
lieve an animal may be dangerous, an evaluation of the animal shall
be conducted.
C. If the town animal enforcement agent declares that an animal is
dangerous, the owner shall be notified and issued an order of com-
pliance. Once an animal is declared dangerous, the animal is dan-
gerous until a hearing officer or judge determines otherwise. If the
owner is known, he shall be provided with a written notice of his
right to file, within five days of receipt of the notice, a written request
with the town animal enforcement agent for a hearing to determine
if the animal is dangerous. If the owner's whereabouts cannot be
determined or the animal poses a threat to public safety or domestic
animals, the animal shall be impounded and notice shall be posted
on property or mailed forthwith to him at his last known address by
registered or certified mail, return receipt requested.
Section 6 -6 -3 Hearing; burden of proof; appeal
A. The owner of the animal may request a hearing to contest the dec-
laration of dangerousness or contest the confinement conditions or-
dered by the town animal enforcement agent.
B. If the owner of an impounded animal fails to appear at a hearing or
fails to request a hearing, the animal shall be forfeited to the town
animal enforcement agent to be humanely destroyed.
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Title 6. Animal Control ()
C. If the owner of a non - impounded animal fails to appear at a hearing
or fails to request a hearing, the animal is declared to be dangerous
and the order of compliance shall remain in effect.
D. After request for a hearing, the town animal enforcement agent shall
set a hearing date within five working days at a time and place des-
ignated by the town animal enforcement agent. The hearing shall
be conducted by a hearing officer selected by the town animal en-
forcement agent.
E. The hearing shall be held in an informal manner and a record of the
hearing shall be made by stenographic transcription or by electronic
tape recording. The rules of evidence do not apply, and hearsay is
admissible.
F. It is the burden of the owner of the animal to establish by a prepon-
derance of the evidence that the animal is not dangerous. The
owner may be represented by counsel and present witnesses at the
animal owner's cost.
G. The hearing officer shall make a written decision within five working
days of the hearing and notify the owner of the animal of the deci-
sion.
H. If the decision of dangerousness is sustained by the hearing officer,
the owner of the animal shall obey the order of compliance issued
by the town animal enforcement agent within the time given by the
order of compliance or ten days whichever is more.
I. If the animal is found not to be dangerous, the order of compliance is
null and void. The finding that an animal is not dangerous does not
prevent the town enforcement agent from declaring an animal dan-
gerous again if the agent has additional reasons to believe the ani-
mal is dangerous after a new evaluation of the animal is conducted.
J. Appeal of the decision of the hearing officer shall be by way of spe-
cial action to the superior court on the record of the hearing. If either
party claims the record to be incomplete or lost, and the hearing of-
ficer who conducted the hearing so certifies, a new hearing shall be
conducted before that officer. The appealing party shall bear the
cost of preparing the record of the hearing on appeal. No appeal
shall be taken later than thirty days after the decision.
Section 6 -6 -4 Order of compliance
A. When an animal is declared dangerous, the town animal enforce-
ment agent shall issue an order of compliance requiring the owner
within 30 days to:
1. Confine the animal sufficiently to prevent the animal's escape as
follows:
a. The town animal enforcement agent shall determine the ap-
propriate fencing requirements for the size and nature of the
animal. The town animal enforcement agent may require a
fence including gates to be six feet in height; the fence from
five feet in height to six feet in height to incline to the inside of
the confinement area at a forty -five degree angle from the
vertical; or that the confinement area be wholly covered by a
material strong enough to keep the animal from escaping.
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Title 6. Animal Control
b. The town animal enforcement agent may require the bottom of
the confinement area to be of concrete, cement or asphalt, or
of blocks or bricks set in concrete or cement; or if the bottom
is not provided, then a footing of such material shall be placed
along the whole perimeter of the confinement area to a depth
of one foot below ground level, or deeper if required by the
town animal enforcement agent.
c. The gates to the confinement area shall be locked at all times
with a padlock except while entering or exiting.
d. The town animal enforcement agent may require temporary
confinement measures until the order of compliance has been
obeyed or the hearing officer determines that the animal is not
dangerous. If the owner does not immediately comply with the
temporary confinement requirements, the animal shall be im-
pounded.
2. Muzzle and restrain the animal outside the confinement area with
a leash, chain, rope or similar device not more than six feet in
length sufficient to restrain the animal and under the control of a
person capable of preventing the animal from engaging in any
prohibited behavior.
3. Post a sign on every gate or entry way to the confinement area
stating "beware of dangerous animal, per Marana animal control
title 6."
4. Obtain and maintain liability insurance in a single incident amount
of $50,000, unless the animal has been declared to be vicious or
destructive pursuant to this title, in which case the amount of in-
surance shall be no less than $250,000, to cover any damage or
injury that may be caused by the dangerous animal. The town
animal enforcement agent shall maintain a registry of the ani-
mals, owners and insurance carrier for each dangerous animal.
5. Pay the reasonable cost to the town animal enforcement agent to
tattoo the animal with an identification number. The town animal
enforcement agent shall maintain a registry of the numbers and
the owners of the animals.
6. Have a licensed veterinarian spay or neuter the animal at the
owner's expense. The owner shall obtain written certification
signed by the veterinarian that the spaying or neutering has been
performed.
Section 6 -6 -5 Consent to inspection; inspection; order of
compliance; seizure
A. By continuing to own an animal declared dangerous, an owner
gives consent to the town animal enforcement agent or any law en-
forcement officer to inspect the animal declared dangerous, the
premises where the animal is kept, the liability insurance docu-
ments required for the animal, and the veterinarian's certificate of
spaying or neutering for the animal.
B. The town animal enforcement agent may seize and impound the
dangerous animal if the owner fails to obey the order of compliance.
Five days after the seizure, the town animal enforcement agent may
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humanely destroy the animal unless the owner has demonstrated
obedience to the order of compliance. The owner of the animal is
responsible for any impound fees. If the owner of the animal dem-
onstrates proof that the order of compliance has been obeyed, then
the animal will be returned to the owner after payment of impound
fees. Any action taken under this chapter shall be in addition to any
available criminal penalties.
Section 6 -6 -6 Required acts and unlawful activities
A. An owner of an animal declared dangerous shall obey the order of
compliance.
B. An owner of an animal declared dangerous shall not sell, give away,
abandon or otherwise dispose of the animal without notifying the
town animal enforcement agent in writing in advance.
C. An owner of an animal declared to be dangerous shall provide proof
of liability insurance and the veterinarian's certificate of spaying or
neutering to the town animal enforcement agent upon demand.
D. An owner of an animal declared dangerous shall not prevent or try
to prevent inspection of the animal or the premises where the ani-
mal is kept.
E. When the owner of an animal is notified that the town animal en-
forcement agent is evaluating an animal or wants to evaluate an
animal to determine if the animal is dangerous, the owner of the
animal shall present the animal for inspection within 24 hours of a
request by the town animal enforcement agent. The owner shall not
sell, give away, hide or otherwise prevent the town animal enforce-
ment agent from making an evaluation of the animal.
F. The owner of an animal declared to be dangerous shall prevent the
animal from running at -large as defined in this title.
G. The owner of an animal declared to be dangerous shall prevent the
animal from biting, injuring or attacking any person or domestic
animal outside of the confinement area.
Section 6 -6 -7 Minimum penalties; enhancement
A. Wherever 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 an
act is declared to be unlawful, the violation of that provision is a
misdemeanor punishable, except for the penalties already set forth
in this title, by a fine of not less than $100 and not more than $1,000
and /or by imprisonment for not more than six months. No judge
may grant probation to or suspend the imposition of the minimum
fine prescribed in this paragraph. In addition, a person may be
placed on probation for not more than three years. This shall not be
construed to affect, in any way, the imposition of the minimum
mandatory penalties provided in this paragraph.
B. Each day any violation continues or occurs shall constitute a sepa-
rate offense.
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Chapter 6 -7 EXCESSIVE NOISE CAUSED BY ANIMALS OR
BIRDS
Section 6 -7 -1 Excessive noise prohibited
A. It is unlawful to own, possess, harbor or control any animal or bird
which frequently or for continuous duration howls, barks, meows,
squawks or makes other sounds, if they are clearly audible sounds
beyond the property line of the property on which they are con-
ducted and they disturb the public peace, quiet or comfort of the
neighboring inhabitants.
Section 6 -7 -2 Violations; penalty
A. The provisions of this chapter shall be enforced and administered
by the town animal enforcement agent and appropriate local law en-
forcement.
B. A violation of any provision of this chapter is a civil infraction and will
be adjudicated by the town magistrate.
C. If the owner of the animal or bird which has engaged in an activity
prohibited by this chapter cannot be determined, the owner, lessee
or occupant of the property on which the activity is located shall be
deemed responsible for the violation.
D. Each days' continuance of a violation under this chapter shall be
determined a separate offense.
E. A fine of not less than $50 or more than $300 shall be imposed for
each violation.
Section 6 -7 -3 Exemptions
Persons wishing to continue activities which constitute a violation of
this chapter but were commenced prior to January 4, 1994 may seek
an exemption from the town magistrate. The exemption may be
granted if the magistrate finds that strict application of this chapter
would cause undue hardship and that there is no reasonable or pro-
ductive alternative method of engaging in the activity.
Chapter 6 -8 AUTHORITY TO ENFORCE, REMOVE AND
IMPOUND
Section 6 -8 -1 Authority to enforce
Any peace officer or town animal enforcement agent is hereby author-
ized and empowered to enforce the provisions of this title and to issue
citations for violations of it.
Section 6 -8 -2 Authority to impound
A. If a peace officer or town animal enforcement agent has issued a
citation for a violation of this title or of the Arizona Revised Statutes,
and reasonably believes that the violation will continue, the officer is
authorized and empowered to remove and impound the animal.
B. The owner of any animal removed and impounded under the provi-
sions of this title shall be liable for any impoundment, boarding or
veterinary fees incurred in connection therewith.
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Pima County Animal Care officers have been
designated the town animal enforcement
agent"
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Title 6. Animal Control
Chapter 6 -9 RULES OF PROCEDURE
All civil proceedings under this title shall be governed by the 17B
A.R.S. Traffic Violation Cases Civ. Proc. Rules, as amended.
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6 -12
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Title 7
Building
CHAPTER 7 -1 BUILDING CODES ................................................................... ..............................1
CHAPTER 7 -2 BUILDING PERMITS ............................................................... ............................... 2
CHAPTER7 -3 FEES ........................................................................................ ............................... 3
CHAPTER 7 -4 SOLAR ENERGY UTILIZATION & WATER CONSERVATION CREDIT .............3
CHAPTER 7 -5 ADDITIONAL BUILDING REQUIREMENTS ............................ ..............................4
{00001471.DOC I}
Title 7. Building ()
TITLE 7. BUILDING
Title 7 was adopted by Ordinance No. 95.32
Chapter 7 -1 BUILDING CODES
Section 7 -1 -1 Purpose
A. The Marana building code shall have the following purposes:
1. Regulate the site preparation and construction, alteration, mov-
ing, demolition, repair, use and occupancy of buildings, struc-
tures and building service equipment within the jurisdiction;
2. Provide for the issuance of permits and collection of fees;
3. Provide for a building codes advisory board;
4. Provide for penalties for the violation of building codes.
Section 7 -1 -2 Building codes adopted
Section 7 -1 -2 was adopted by Ordinance
A. The Marana building code, codified in this title, adopts by reference No. 2001.04. For prior history, see Ordinance
the 2000 International Building Code as amended, of the Interna- Nos. 95.32 and 96.34.
tional Code Council, together with the following code documents:
1. The 1997 Uniform Administrative Code, with amendments;
2. The 1994 Uniform Plumbing Code, with amendments;
3. The 2000 International Residential Code, with amendments;
4. The 2000 International Mechanical Code, with amendments;
5. The 2000 International Property Maintenance Code, with amend-
ments;
6. The 1999 National Electric Code, with amendments;
7. The 1997 Uniform Fire Code, with amendments;
8. The April 2000 Building Valuation Data as compiled and pub-
lished by the International Conference of Building Officials as the
basis for the permit fee schedule.
B. The Marana building code adopts by reference the following local
ordinances and codes by reference:
1. 1996 Spa /Pool Code;
2. 1996 Outdoor Lighting Code.
Section 7 -1 -3 Copies on file
Three copies of the Marana building code are on file in the office of the
town clerk and available for public inspection during regular working
hours.
Section 7 -1 -4 Building official designated
The building official, or his or her duly authorized representative, is the
authority charged with the administration and enforcement of the Ma-
rana building code. The building official may appoint a chief plans ex-
aminer, a chief building inspector, a chief electrical inspector, a chief
mechanical inspector, a chief plumbing inspector, and other related
technical officers and inspectors and other employees as shall be au-
thorized from time to time.
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Title 7. Building ()
Section 7 -1 -5 Violation a civil infraction
It shall be a civil infraction for any person, firm or corporation to violate
any of the provisions of this title. Civil infractions shall be enforced
through the hearing officer procedure provided by A.R.S. § 9- 462.08.
Penalties for civil infractions shall not exceed the amount of the maxi-
mum fine for a class 2 misdemeanor. Each day a violation continues
shall be considered a separate offense.
Section 7 -1 -6 Administrative appeal process
A. Whenever a violation of this building code is determined, whether
during construction or at the plan review stage, and the applicant
wishes to appeal the decision of the staff because of code interpre-
tation, unreasonable hardship or other acceptable reasons, the ap-
plicant may appeal to the building official's hearing committee as
follows:
1. The applicant shall file a written appeal on the forms provided by
the building official, on or before Friday of the week of the viola-
tion, no later than 4:30 p.m.
2. The appeal will be heard by the hearing committee within seven
days, at a specified time.
3. The hearing committee shall consist of the building official, an in-
spection supervisor, and the appropriate plans examiner. At the
discretion of the building official, additional inspectors or other
technical persons may be added for a particular appeal.
4. Adequate information shall be provided by the applicant to fully
describe the conditions in question.
5. The applicant may, but is not required to, personally attend the
hearing committee meeting.
6. If an appeal is denied by the hearing committee, the applicant
shall either comply with the decision or appeal to the advisory
board of the town.
Chapter 7 -2 BUILDING PERMITS
Section 7 -2 -1 Application requirements
A. Any person, partnership, firm or corporation desiring to construct,
erect or move any residential building or mobile home or associated
outbuilding where the building or mobile home contains more than
one hundred twenty square feet and unattached to any structure, or
desiring to enlarge or substantially modify any residential building or
mobile home where the work will involve an area of more than one
hundred twenty square feet and unattached to any structure, shall
first make application for a building permit to the building depart-
ment and shall not commence that construction without first obtain-
ing a building permit from the town.
B. Any person, firm or corporation desiring to construct any additions
to an existing structure regardless of the size of the addition or
structure shall first make application to the building department for a
building permit and shall not undertake that construction, enlarge-
ment or movement without first obtaining a building permit from the
town.
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Title 7. Building ()
C. Any person, firm or corporation desiring to erect, construct, enlarge,
move or substantially modify any commercial, industrial, quasi -
public or public building or structure shall first make application to
the building department for a separate building permit for each
building or structure and shall not undertake that construction,
enlargement or movement without first obtaining a building permit
from the town.
D. All applications for a building permit shall be accompanied by plans
which have been drawn to scale and which show the actual dimen-
sions of the lot to be built upon, the size and location of existing
buildings, if any, the building to be erected, enlarged, modified or
moved, the location and layout of the structures with respect to
front, rear and side property lines, and the location and layout of
proposed off street parking areas.
1. Plans submitted for new construction or enlargement shall pro-
vide sufficient details of proposed structural features, and electri-
cal, plumbing, and mechanical installations for review by the
town plans examiner to permit evaluation of their adequacy by
the town building inspector.
E. The term, "substantially modify" means the installation or removal of
any interior or exterior wall or the addition or replacement of an
amount of electrical wiring or plumbing equal to 25% or more of the
installation in the modified building or structure.
F. When a building permit is issued for a structure on a lot that is not
on a dedicated street or which is not served by a sewer system op-
erated by Pima County or the town, a statement to that effect will be
placed on the building permit before issuance.
Chapter 7 -3 FEES
Chapter 7 -4 SOLAR ENERGY UTILIZATION & WATER
CONSERVATION CREDIT
Section 7 -4 -1 Purpose
The purpose of this chapter is to encourage the use of solar energy
utilization and water conservation within the town by reducing the per-
mit fee for permits in accordance with the currently adopted permit fee
schedule.
Section 7 -4 -2 Credit program
A. All single family residences within the town are eligible to apply for
solar energy utilization and water conservation credits. Approval by
the building official will be based on the nature of the technologies
to be used and if appropriate for the site.
B. Solar utilization for new construction will include photo voltaic gen-
eration, whole house water heating and active solar heating. Pas-
sive solar heating will be considered when designed and certified by
a professional engineer.
C. Water conservation measures for new construction will include
whole house gray -water irrigation systems.
MARANA TOWN CODE 7 -3
{00001471.DOC I}
Chapter 7 -3 was superseded by Ordinance
No. 2005.16, which adopts various develop-
ment- related fees by separate ordinance. See
Ordinance Nos. 82.05 and 89.10 for prior
history.
Chapter 7 -4 was adopted by Ordinance
No. 2001.23, which provided for a Decem-
ber 18, 2004 sunset date. Chapter 7 -4 was
revised by Ordinance No. 2005.22. Former
chapter 7 -4 ( "Fiber Optics code') was deleted
by Ordinance No. 99.28.
Ordinance No. 2005.22 amended section
7 -4 -1 by adding the section number and
heading and correcting a reference to now -
superseded chapter 7 -3 relating to fees
Ordinance No. 2005.22 amended section
7 -4 -2 by adding the section number and
heading and inserting "town manager" for
"development services director"
1111512005
Title 7. Building
D. Existing single family residences may add single source gray -water
systems, solar heating systems, photo voltaic systems, intermittent
recirculators for hot water and water harvesting systems.
E. Other systems not mentioned above may be evaluated by the build-
ing official to receive credit. Decisions regarding credits may be ap-
pealed to the town manager.
F. The installations shall be reviewed and inspected per the building
codes. If the applicant fails to install the system, the credits given
shall be paid to the town. The system shall be considered not in-
stalled if at the time of intermediate inspections the system is not
roughed in or at final inspections the system is not operational. Fi-
nal utility installation shall not be approved until the fee is paid or
the system is installed and approved.
Chapter 7 -5 ADDITIONAL BUILDING REQUIREMENTS
Section 7 -5 -1 Location of gasoline pumps
Gasoline pump islands and similar facilities for the dispensing of flam-
mable materials, including diesel fuel, propane, and butane, shall be
set back not less than eighteen feet from any street right -of -way line to
which the pump island is perpendicular and not less than twelve feet
from any street right -of -way line to which the pump island is parallel,
and not less than twelve feet from the property line of any residential
lot. If the pump island is set at an angle on its lot, it shall be so located
that motor vehicles stopped for service shall not extend over the prop-
erty line of the lot. In no case shall pumps be set closer than twelve
feet to any side or rear lot line. Lots from which gasoline or similar
flammable fluids are dispensed to customers at retail or wholesale
shall be not less than seventy -five feet in width or less than one hun-
dred feet in length. All approaches to gasoline pumps or similar facili-
ties shall be paved to a distance of no less than eighteen feet from the
pumps or to the nearest property line, whichever distance is smaller.
Section 7 -5 -2 Waste disposal
Sewerage systems and /or septic tank systems shall be constructed in
accordance with the standards of the Arizona Department of Health
Services and the Pima County Health Department, with compliance
with those standards to be certified by the appropriate state or county
agency or the town engineer.
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Title 8
Transaction Privilege Tax �
CHAPTER 8-1 ADOPTION OF TAX CODE ...................................................... ..............................1
{00001471. DOC I}
Title 8. Transaction Privilege Tax 0
TITLE 8. TRANSACTION PRIVILEGE TAX
Chapter 8 -1 ADOPTION OF TAX CODE
That certain document known as "the tax code of the town of Marana,
Arizona ", three copies of which are on file in the office of the town clerk
and which has been made a public record by resolution, and any
amendments to it, is hereby referred to, adopted and made a part of
this town code as if fully set out in this title.
MARANA TOWN CODE
{00001471.DOC I}
8 -1
Title 8 was adopted by Ordinance No. 96.03.
See Ordinance No. 79 -3 for prior history.
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CHAPTER 9 -1
CHAPTER 9 -2
CHAPTER 9 -3
CHAPTER 9 -4
CHAPTER 9 -5
CHAPTER 9 -6
CHAPTER 9 -7
CHAPTER 9 -8
CHAPTER 9 -9
CHAPTER 9 -10
Title 9
Business Regulations
•
BUSINESSLICENSE ............................................................... ..............................1
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS .............................. 6
SWAPMEETS ......................................................................... .............................11
RESERVED .............................................................................. .............................12
CLOTHING AND CONDUCT FOR QUALIFIED ESTABLISHMENTS ................12
SEXUALLY ORIENTED BUSINESSES .................................. .............................14
LIQUOR LICENSE TAX ........................................................... .............................33
CABLE TELEVISION ............................................................... .............................33
PENALTY ............................................................................... ............................... 54
SURFACE MINING AND LAND RECLAMATION .................. .............................54
{00001471. DOC I}
Title 9. Business Regulations ()
TITLE 9. BUSINESS REGULATIONS
Title 9 was adopted by Ordinance No. 96.09.
Chapter 9-1 BUSINESS LICENSE
See Ordinance No. 93.02 for prior history.
Section 9 -1 -1 Licensed required; exceptions
"exceptions"
The word was added to the title
A. It is unlawful for any person, whether as principal or agent, either for
of section 9 -1 -1 by Ordinance No. 2000.06
himself or for another person, or for any corporation, or as a mem-
ber of any firm or partnership, to commence, practice, transact or
carry on any trade, calling, profession, occupation or business
within the town limits without first having procured a license from
the town to do so and without complying with all regulations of that
trade, calling, profession, occupation or business as specified or re-
quired by the United States government or the state and its political
subdivisions. No license shall be issued without proof by the appli-
cant of that compliance and verification by the town clerk that no
violation of the town's zoning or sales tax regulations will occur by
that issuance.
B. The practicing or carrying on of any trade, calling, profession, occu-
pation or business by any person, corporation or partnership with-
out first having procured a license from the town to do so, or without
complying with any and all regulations of that trade, calling, profes-
sion, occupation or business, as required by other law or by this
chapter shall constitute a separate violation of this chapter for each
and every day that the trade, calling, profession, occupation or busi-
ness is practiced, carried on or conducted within the town.
C. The only exceptions to the licensing requirements of this chapter
shall be:
1. Non profit educational institutions, fraternal and service clubs,
bona fide religious organizations, and agencies of any federal,
state or local governments.
2. Non profit private clubs where a basic membership fee covers
the cost of the use of the facilities.
3. Community organizations /events upon approval of the town clerk.
4. Businesses and trades which are exempt from licensing and tax
regulations under federal and state statutes.
5. Persons selling personal property within the confines of that per-
son's residential remises, so Ion as the activity neither ex-
p g y
Paragraph 5 was added by Ordinance
No. 2000.06
ceeds three consecutive days or is performed more than four
times within a one -year period.
Section 9 -1 -2 Application and issuance
A. It shall be the duty of the town clerk upon receipt of a properly com-
pleted application for a business license and verification of the data
contained on it, to prepare and issue a license under this chapter
for every person, corporation or partnership required to pay a li-
cense fee under this chapter and to state in each license the
amount charged for the same, the period of time covered, and the
trade, calling, profession, occupation or business licensed, and the
location or place of business where the trade, calling, profession,
occupation or business is to be carried on, transacted or practiced.
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{00001471.DOC I}
Title 9. Business Regulations ()
B.
In no case, shall any mistake made by the town clerk in issuing any
license or collecting the amount of fee for any license or the amount
actually due from any person required to pay for a license as pro-
vided in this chapter, prevent, prejudice or stop the town from col-
lecting the correct amount of fee or charge for any license or the
amount actually due from any person required to pay for a license
as provided in this chapter, or revoking any license erroneously is-
sued and refunding the fee collected.
C.
It shall be a condition precedent to licensing that all ordinances and
regulations affecting the public peace, health and safety be com-
plied with in full.
Section 9 -1 -3 Fees; payment; term of licenses; annual renewal
section 9 -1 -3 was rewritten b Ordinance
y
required
No. 2000.06
A.
The fee for any license issued, including a renewal license, under
this chapter shall be $25 per year.
B.
In addition to the $25 fee, every person, firm, corporation, or other
entity applying for a spirituous liquor license, under the provisions of
Paragraph 8 was added by Ordinance
et se ., whether it be for an original license or
A. R.S. §4-101, q
No. 9s.12
transfer of license, shall tender to the town a fee of $50. The fee
shall be tendered to the town contemporaneous with the filing of an
application for original license or transfer of license to the Arizona
State Department of Liquor Licenses and Control. This fee shall not
be applicable to wholesalers licensed under A.R.S. § 4 -209.
C.
The fee for any license issued to a person, firm, corporation or other
entity operating a surface mining operation, as defined in chap-
Paragraph C was added by Ordinance
No. 2002.07
ter 9 -10, including a renewal license, shall be $10,000. This in-
creased free is necessary to:
1. support town staff and other efforts to monitor, inspect, and en-
force the provisions of chapter 9 -10, surface mining and land
reclamation, and chapter 10 -1, transportation and dumping of
garbage or aggregate material as it relates to aggregate mate-
rial,
2. ensure that surface mining operations as defined in chapter 9 -10
are maintained to standards of repair, orderliness, neatness,
sanitation, and safety acceptable to industry standards and the
town, and
3. ensure that surface mining operations as defined in chapter 9 -10
carry out all mining operations in an organized manner and in
compliance with all federal and state laws and the regulations of
appropriate state and federal agencies, having due regard for the
health and safety of workers and other employees, and safe-
guard with fences, barriers, fills, covers, or other effective de-
vices, any shafts, pits, tunnels, cuts, and other excavation which
otherwise would unduly imperil life, safety or property of other
persons.
D.
All charges for a license required by this chapter shall be paid in
advance and in lawful money of the United States of America at the
office of the town clerk.
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E. Any license issued pursuant to this chapter shall expire and a re-
newal charge for all licenses provided in this chapter shall become
due and payable on the anniversary date of the issuance of the li-
cense and every anniversary date thereafter. Any new license
charge shall become due and payable and be paid on or before the
day of commencing to carry on, transact, or practice the trade, call-
ing, profession, occupation or business for which a license is re-
quired by this chapter.
F. Any person, firm, company or corporation who discontinues the
business, trade, calling, profession or occupation during the period
covered by the current license shall not be entitled to any refund of
license fee for that portion of the period remaining after discontinu-
ing the business, trade, calling, profession or occupation.
G. When the charge for any license required under this chapter shall
remain unpaid for 15 days from and after the due date, the charge
shall be delinquent and the town clerk, on the day upon which the
charge becomes delinquent, shall add to it an amount equal to $5
as a penalty and no receipt or license shall be issued by the town
clerk until the charge and penalty is paid in full.
Section 9 -1 -4 Number of licenses required
A. A separate charge for a license shall be paid for each branch estab-
lishment or separate place of business in which any person, corpo-
ration or partnership shall carry on, transact or practice a trade, call-
ing, profession, occupation or business.
B. When more than one trade, calling, profession, occupation or busi-
ness is carried on, transacted or practiced by the same person,
corporation or partnership at one fixed place of business, only one
license shall be required and the charge for the license shall be the
charge applicable to any of the activities, and all activities shall be
listed on the license issued.
Section 9 -1 -5 License to be exhibited
A. Each person, corporation or partnership having a license and hav-
ing a fixed place of business shall keep the license, while in force,
at some conspicuous place or location within the place of business.
B. Each person, corporation or partnership having a license and hav-
ing no fixed place of business shall carry the license with him or her
at all times, while engaged in any activity for which the license was
issued, except that a person acting for any such corporation, firm or
company and not being the only person acting for that corporation,
firm or company may carry with him or her a copy of the license
which has been issued by the town clerk and plainly marked or
stamped "Duplicate ".
C. Each person, corporation or partnership having a license shall pro-
duce and exhibit the same whenever requested to do so by the
town clerk, any police officer or any agent of the town authorized to
issue, inspect, or collect licenses.
Section 9 -1 -6 Inspector of licenses
A. The town clerk shall be inspector of licenses, and all police officers
of the town shall be assistant inspectors of licenses and, in addition
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Title 9. Business Regulations ()
to their several duties, are hereby required to see that all required
licenses are obtained. The town clerk shall maintain a record for
each license issued and shall record the reports of violations in it.
B. Each assistant inspector of licenses, immediately upon the facts
coming to his or her knowledge, shall report to the town clerk the
name of any person, corporation or partnership carrying on, trans-
acting or practicing any trade, calling, profession or business within
the town without first having obtained a license as required by this
chapter.
Section 9 -1 -7 Duties and powers of inspectors
Section 9 -1 -7 was rewritten by Ordinance
The inspector of licenses and the assistant inspectors, each in the dis-
No. 2000.06
charge and performance of his or her duties, shall have and exercise
the following powers:
A. To issue a citation through an officer of the Marana police depart-
ment for any violation of the provisions of this chapter.
B. To enter, free of charge and at any reasonable time, any place of
business for which a license is required by this chapter and to de-
mand exhibition of the license for the current period of time from
any person, corporation or partnership engaged in carrying on,
transacting or practicing any trade, calling, profession, occupation
or business at that place of business and, if the person, corporation
or partnership fails then and there to exhibit the license, that per-
son, corporation or partnership shall be liable to the penalties pro-
vided for violation of this chapter.
Section 9 -1 -8 Transfer of license
No license issued under the provisions of this chapter shall be as-
signed or transferred to any other person, corporation or partnership
without first obtaining permission from the town.
Section 9 -1 -9 Prorating prohibited
No license fee provided in this chapter shall be prorated.
Section 9 -1 -10 Denial; restrictions; suspension; revocation
section 9 -1 -10 was rewritten b y Ordinance
A. Licenses issued under the provisions of this chapter may be denied,
No. 2000.06, which combined former sec -
restricted, suspended or revoked by the town clerk, after notice, for
bons 9 -1 -10 and 9 -1 -11.
any of the following causes:
1. Fraud, misrepresentation or material false statement contained in
the application for license;
2. Fraud, misrepresentation or material false statement made in the
course of carrying on the business;
3. Any violation of this chapter;
4. Conducting business in violation of any town ordinance, county
ordinance, state law or federal law, relating to the public health,
safety and welfare; or
5. If deemed necessary in the interest of public safety, protection,
health, or morals.
B. Upon notification of a violation, the business licensee shall have 30
days in which to remedy the violation before the license is sus-
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Title 9. Business Regulations
pended. Business activity shall be allowed to continue during this
period, unless the violation threatens public health, protection,
safety, or morals, in which case the business activity shall cease
immediately upon notification of violation.
C. If after 30 days the violation has not been remedied or the remedial
action not brought to the attention of the license inspector or town
clerk, the license inspector shall give written notice to the licensee
or the person in control of the business within the town by personal
service or registered mail that the license is suspended pending a
hearing before the town manager, or his or her appointee, for the
purpose of determining whether the license should be revoked. The
notice shall state the time and place where the hearing is to be
held, which shall be within 15 days from the date of service of the
notice. The notice shall contain a brief statement of the reasons for
suspension and proposed revocation.
D. The licensee may take the necessary actions during the suspension
period to remedy the violation(s), if allowable, and apply to the town
clerk to have the license fully restored. The suspension notice shall
be void, and the suspended license shall be promptly reinstated as
soon as the licensee in violation receives notice in writing from the
appropriate town official indicating the violation has been cured,
removed or rectified.
E. During the period of the license suspension, or revocation but await-
ing appeal, no business activity shall be conducted at, on, or in the
premises or by any person, principal, agent, corporation, group, or
member of any firm or partnership.
Section 9 -1 -11 Appeal
Former section 9 -1 -12 was renumbered as
A. Any person aggrieved by the denial of an application for license or section 9 -1 -11 by Ordinance No. 2000.06
by the restrictions placed upon the license or by the suspension or
revocation of the license, and who is not satisfied with the decision
of the town manager or his or her designee shall have the right to
an appeal before the town council. An appeal shall be taken by fil-
ing with the town clerk, within 15 days after the decision of the hear-
ing officer, a written statement requesting an appeal, and setting
forth fully the grounds for the appeal. If an appeal is not requested
within the time limit, no appeal shall be granted, and the decision of
the hearing officer will become final and binding. The written state-
ment of appeal must be delivered in person to the town clerk.
B. The town council shall hear the matter of the appeal at the next
regularly scheduled meeting that provides sufficient notice to the li-
censee, and notice of the hearing shall be mailed to the appellant at
least seven days prior to the meeting. Notice shall be deemed de-
livered upon mailing, whether received or not.
C. The decision and order of the town council on appeal shall be final.
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Section 9 -1 -12 Additional reporting requirements
section 9 -1 -12 was added by Ordinance
To ensure compliance with the provisions of chapter 9 -6, sexually ori-
No. 2000.10
ented businesses, any businesses licensed under this chapter shall
provide to the town clerk upon initial or renewal application and every
three months thereafter, statements detailing the sales and stock per
Former section 9 -1 -13 entitled "Penalty"
centage for any merchandise or services falling within the scope of
adopted by Ordinance No. 96.09 and
chapter 9 -6. Any licensee or applicant representing an establishment
amended by Ordinance No. 98.12, was de-
not having a principal business purpose within the scope of chap
leted by Ordinance No. 2000.06
ter 9 -6, may certify to that effect upon initial or renewal application; the
certification is effective until revoked or amended by the applicant or
licensee and is made in lieu of the additional reporting requirements of
this section.
Chapter 9 -2 PEDDLERS, SOLICITORS AND TRANSIENT
MERCHANTS
Section 9 -2 -1 Definitions
In this chapter, unless the context otherwise requires:
A. "Peddler" means any corporation, partnership, individual, firm, or
other entity, whether resident of the town or not, who travels or
whose agents travel from place to place, from house to house, from
street to street or business to business carrying, conveying or
transporting goods, wares, merchandise, edible foodstuffs or provi-
sions, offering and exposing the same for sale or making sales and
delivering articles to purchasers. It is further provided that a person
who solicits orders and, as a separate transaction, makes delivery
to purchasers as a part of the scheme or design to evade the provi-
sions of this title shall be deemed a peddler subject to the provi-
sions contained in this chapter.
B. "Solicitor" means any person, corporate or individual, or firm,
whether resident of the town or not, who travels, or whose agents
move or travel from place to place, from house to house, from street
to street or from business to business taking or attempting to take
orders for sale of goods, wares and merchandise, edible foodstuffs,
personal property of any nature whatsoever for future delivery or for
services to be furnished or performed in the future, whether collect-
ing advance payments on those sales or not, provided that the defi-
nition shall include any person or firm who, for himself or itself or for
another person or firm, hires, leases, uses or occupies any building,
structure, tent, hotel room, lodging house, apartment, shop or any
other place within the town for the sole purpose of exhibiting sam-
ples and taking orders for future delivery.
C. "Transient merchant" means any person, corporate or individual, or
firm, whether owner or otherwise, whether a resident of the town or
not, who engages or whose agents engage, in a temporary busi-
ness of selling and delivering goods wares merchandise edible
foodstuffs services or p rovisions , within the town and who in fur
p � �
Ordinance No. 2000.06 added the word "ser-
vices" to paragraph C
therance of that purpose, hires, leases, uses or occupies any build-
ing, structure, motor vehicle, tent, public room in a hotel, lodging
house, apartment, shop, or any street, alley or other place within
the town for the exhibition and sale of those goods, wares, mer-
chandise and edible foodstuffs, either privately or at public auction.
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Title 9. Business Regulations ()
The person or firm so engaged shall not be relieved from complying
with the provisions of this title merely by reason of associating tem-
porarily with any local dealer, trader, merchant or auctioneer or by
conducting that transient business in connection with, as a part of or
in the name of that local dealer, trader, merchant or auctioneer.
Section 9 -2 -2 License required; prohibited activities
A. Subject to the provisions of A.R.S. § 3 -563, any person operating as
Section 9 -2 -2 was rewritten by Ordinance
No. 2000.06, which also incorporated the
a solicitor, peddler, or transient merchant within the town shall reg-
subject matter of former section 9 -2 -3 entitled
ister with the town clerk and obtain a license showing that registra-
"Registration required" and renumbered the
Lion.
remaining sections to conform.
B. When more than one trade, calling, profession, occupation or busi-
ness shall be carried on, transacted or practiced by the same per-
son, corporation or partnership without any fixed place of business,
a separate license shall be required and a separate appropriate
charge be paid for each activity for which a license is required by
this chapter.
C. It is unlawful for:
1. Any peddler, solicitor or transient merchant to make exclusive
use of any location on any street, alley, sidewalk or right of -way
for the purpose of selling, delivering, or exhibiting goods or mer-
chandise.
2. Any peddler, solicitor, or transient merchant to operate in a con-
gested area where the operation may impede or inconvenience
the public use of the street, alley, sidewalk, or right of -way. For
the purpose of this chapter, the judgment of a police office, exer-
cised in good faith, is conclusive as to whether the area is con-
gested and the public impeded or inconvenienced.
3. Any person to exhibit or display any copy or facsimile of the origi-
nal license issued under this chapter.
4. Any child or children under the age of 16 years to solicit or ped-
dle within the town pursuant to a permit granted under this chap-
ter unless supervised by a responsible adult holding a permit is-
sued pursuant to this chapter.
5. Any solicitor or peddler to commence earlier than 9:00 a.m. or
extend later than 9:00 p.m. on any day.
6. Any solicitor or peddler under the age of 16 years to solicit at any
time other than between 9:00 a.m. and 7:00 p.m.
Section 9 -2 -3 Exemptions
The terms of this chapter do not include the acts of persons conducting
bona fide religious or charitable business, persons selling personal
property at wholesale to dealers, news vendors, the acts of merchants
or their employees in delivering goods in the regular course of busi-
ness, or to persons conducting periodic sales of personal property
upon their living premises (i.e. yard or garage sales). Nothing con-
Ordinance No. 2000.06 changed "to prevent"
tained in this chapter prohibits any sale required by statute or by order
to "prevents"
of any court, or prevents any person conducting a bona fide auction
sale pursuant to law.
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Title 9. Business Regulations ()
Section 9 -2 -4 Conducting business without license prohibited
Ordinance No. 2000.06 modified section
It is unlawful for any solicitor, peddler, or transient merchant to conduct
9 - - to refer to "license" instead of "registra-
or transact business without havin g registered with the town clerk and
g
tion card"
without having obtained a license for it; without having the license in
possession; or to fail to exhibit the license upon request by any official
of the town. Each violation of this chapter shall constitute a separate
violation for each and every day that the activity occurred within the
town.
Section 9 -2 -5 Peddling on posted premises; refusal to leave
section 9 -2 -5 was rewritten by Ordinance
premises
No. 2005.22
It is unlawful for any peddler, solicitor, or transient merchant, their
agents or representatives, to come upon any premises with a sign ex-
posed to public view bearing the words "no peddlers" or "no canvass-
ers" or "no solicitors" or any combination of those or similar terms or to
remain on any premises after having been requested to leave by the
owner or occupant of the premises whether they are posted as speci-
fied above or not.
Section 9 -2 -6 Application and issuance
A. Applicants for a license under this chapter shall file with the town
clerk a sworn application in writing, on a form to be furnished by the
town clerk, which shall give the following information:
1. Name and physical description of the applicant;
2. Complete permanent home and local addresses of the applicant
and, in the case of a transient merchant, the local address from
which proposed sales will be made;
3. A brief description of the nature of the business and goods to be
sold;
4. If employed, the name and address of the employer (no post of-
fice box address will be accepted);
5. The length of time for which the right to do business is desired;
6. The source of supply of the goods or property proposed to be
Paragraph A(6) was rewritten by Ordinance
sold or for which orders are to be taken, or services to be pro-
No. 2005.22
vided, where those goods, services or products are located at
the time the application is filed, and the proposed method of de-
livery;
7. A statement as to whether or not the applicant has been con-
victed of any crime, misdemeanor or violation of any municipal
ordinance, other than traffic violations, the nature of the offense
and the punishment or penalty assessed for it;
8. The most recent counties, cities, or towns, if any, where applicant
carried on business immediately preceding the date of applica-
tion and the address from which business was conducted in
those municipalities; and
9. Description of any vehicles, including license numbers, to be
used in conducting business in the town.
B. Licenses issued pursuant to this chapter shall be given to all appli-
cants who have complied with the requirements of this chapter,
Paragraph 8 was rewritten by Ordinance
No. 2000.06
MARANA TOWN CODE 9 -8
{00001471.DOC I}
Title 9. Business Regulations ()
unless the town clerk discovers through any investigation that the
applicant, his or her agents, or representatives have been convicted
of or have pending charges for any felony or misdemeanor affecting
their truth, honesty or veracity, as provided for in section 9 -2 -12. In
those cases the application shall be denied or revoked.
Section 9 -2 -7 Charitable, religious, patriotic or philanthropic
organizations
Any organization, society, association or corporation desiring to solicit
or have solicited in its name money, donations of money or property or
financial assistance of any kind or desiring to sell or distribute any item
of literature or merchandise to persons other than members of that or-
ganization upon the streets, in office or business buildings, by house -
to -house canvass or in public places for charitable, religious, patriotic
or philanthropic purpose exclusively shall be exempt from the provi-
sions of this chapter.
Section 9 -2 -8 Fees
Ordinance No. 2000.06 amended para-
A. Every applicant peddler, solicitor, or transient merchant under this graph A and added paragraphs 8 through F
chapter shall pay $25 per business endeavor conducted in the town
for a license or license renewal.
B. No greater or lesser amount of money shall be charged or received
by the town clerk for any license provided for in this chapter, and no
license shall be issued for any period of time other than as provided
in this chapter.
C. All charges for a license required by this chapter shall be paid in
advance and in lawful money of the United States of America at the
office of the town clerk.
D. A license issued pursuant to this chapter shall expire and a renewal
charge for all licenses provided in this chapter shall become due
and payable on the anniversary date of the issuance of the license
and every anniversary date thereafter. Any new license charge shall
become due and payable and be paid on or before the day of com-
mencing to carry on, transact, or practice the trade, calling, profes-
sion, occupation or business for which a license is required by this
chapter.
E. Any person, firm, company or corporation who discontinues the ac-
tivity during the period covered by the current license shall not be
entitled to any refund of license fee for that portion of the period re-
maining after discontinuing the activity.
F. Fees provided for this chapter shall become delinquent 15 days af-
ter they become due and the town clerk, on the day upon which the
charge becomes delinquent, shall add to the fees an amount equal
to $5 as a penalty and no receipt or license shall be issued thereaf-
ter by the town clerk until the charge and penalty is paid in full.
Section 9 -2 -9 Enforcement of chapter; record of licenses
issued and violations
It shall be the duty of any police officer of the town to enforce this Ordinance No. 2000.06 changed "arrests" to
chapter. The chief of police shall report to the town clerk all citations "citations issued"
issued for a violation of this chapter, and the town clerk shall maintain
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Title 9. Business Regulations ()
a record for each license issued and record the reports of violations in
it.
Section 9 -2 -10 Exhibition of license
Ordinance No. 2000.06 changed "registration
Peddlers, solicitors, and transient merchants are required to exhibit
card" to "license"
their original license at the request of any person. Exhibition of any
copy or facsimile of the original shall not be considered in compliance
with this chapter.
Section 9 -2 -11 Transfer of registration
Ordinance No. 2000.06 changed "registration
No license issued under the provisions of this chapter shall be as-
card" to "license"
signed or transferred to any other person, corporation or partnership
without first obtaining permission from the town clerk.
Section 9 -2 -12 Denial; restriction; suspension; revocation
Section 9 -2 -12 (section 9 -2 -14 of Ordinance
A. A license issued under the provisions of this chapter may be denied,
No. 96.09) was rewritten by Ordinance
restricted, suspended or revoked by the town clerk for any of the
No. 2000.06, which also incorporated the sub -
following causes:
ject matter of former section 9 -2 -13 entitled
"Revocation
of registration cards" and renum -
1. Fraud, misrepresentation or material false statement contained in
bered the remaining sections to conform.
the application for license;
2. Fraud, misrepresentation or material false statement made in the
course of carrying on the business;
3. Any violation of this chapter, town ordinance, state or federal law;
4. Conviction of any felony or a misdemeanor involving moral turpi-
tude;
5. Conducting business in an unlawful manner or in a say that con-
stitutes a breach of the peace or a menace to the health, safety
or general welfare of the public; or
6. If deemed necessary in the interest of public safety and protec-
tion.
B. If a license is revoked, the revocation shall be effective immediately
and the applicant shall not conduct any business activity within the
town.
C. At the time of denial or revocation the town clerk shall give written
notice to the person in control of the business, by personal service
or registered mail, that the license has been denied or revoked. The
notice shall also advise that the licensee shall have 15 days to re-
quest a review hearing before the town manager or his or her ap-
pointee for the purpose of determining whether the license should
have been denied or revoked.
D. If the licensee requests a review hearing, the hearing shall be
scheduled within 15 days of the request and the licensee shall re-
ceive notice of the date, time and place of the review hearing by
personal service or registered mail.
Section 9 -2 -13 Appeal
A. Any person aggrieved by the denial of an application for a license or
Ordinance No. 2000.06 changed "licensee" to
"appellant" "hearing "Town
by the restrictions placed upon the license or by the suspension or
and officer" to
manager or his or her appointee"
revocation of the license who is not satisfied with the decision of the
town manager or his or her designee shall have the right to an ap-
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{00001471.DOC I}
Title 9. Business Regulations ()
peal before the town council. An appeal shall be taken by filing with
the town clerk, within 15 days after the decision of the town man-
ager or his or her appointee, a written statement requesting an ap-
peal, and setting forth fully the grounds for the appeal. If an appeal
is not requested within the time limit, no appeal shall be granted,
and the decision of the town manager or his or her appointee will
become final and binding. A written statement of appeal must be
delivered in person to the town clerk.
B. The town council shall hear the matter of the appeal at the next
regularly scheduled meeting that provides sufficient notice to the
appellant, and notice of the hearing shall be mailed to the appellant
at least seven days prior to the meeting. Notice shall be deemed
delivered upon mailing, whether received or not.
C. The decision and order of the town council on appeal shall be final.
Chapter 9 -3
Section 9 -3 -1
Definitions
In this chapter, unless the context otherwise requires:
A. "Swap meet operator" means any person, organization or firm who
operates or conducts a swap meet.
B. "Swap meet" means a place of commercial activity, popularly known
as a swap meet, flea market, park and -swap, which is:
1. Open to the general public for the purchase of merchandise on
the premises;
2. Available to the general public who wish to sell merchandise on
the premises, whether the sellers or vendors are in the business
of vending or are making casual sales or some combination of
them;
3. Composed of stalls, stands or spaces allotted to vendors who do
not occupy the same allotted space or spaces on an uninter-
rupted continuous daily basis.
Section 9 -3 -2 License required
A. It is unlawful for any swap meet operator to engage in any swap
meet business within the town without first complying with the li-
censing requirements of chapter 9 -1.
B. It is unlawful for any vendor conducting or transacting business
within the confines of a swap meet to engage in any swap meet
business within the town without first complying with the licensing
requirements of chapter 9 -1 unless the appropriate swap meet op-
erator is licensed and registered pursuant to chapter 9 -1.
Section 9 -3 -3 Exemptions
A. The terms of this chapter do not include acts of persons selling per-
sonal property within the confines of that person's residential prem-
ises, so long as the activity does not exceed three consecutive days
and is not performed more than four times a year.
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SWAP MEETS
9 -11
A former section 9 -2 -16 entitled "Penalty" was
deleted by Ordinance No. 2000.06
Ordinance No. 2000.06 added the word "or-
ganization" to paragraph A
Section 9 -3 -2 was rewritten by Ordinance
No. 2000.06
1111512005
Title 9. Business Regulations ()
B. Any vendor who conducts or transacts business at a swap meet and
whose regular business activity subjects him or her to the licensing
requirements set forth in chapter 9 1 shall have a business license
Ordinance No. 2000.06 changed "their" to
for conducting regular business activity, but shall be exempt from
"conducting in paragraph 8 and deleted for -
mer section 9-3-4 entitled "Penalty"
the licensing requirements of this chapter.
Chapter 9 -4 RESERVED
Chapter 9 -4 entitled "Massage Therapists and
Establishments" was adopted by Ordinance
Chapter 9 -5 CLOTHING AND CONDUCT FOR QUALIFIED
No. 96.09, rewritten by Ordinance No. 2000.06, and repealed by Ordinance
ESTABLISHMENTS
No. 2005.22 to conform to A.R. S. § 32 -4201
Section 9 -5 -1 Definitions
et seq.
In this chapter, unless the context otherwise requires, the following
Chapter 9 -5 was rewritten by Ordinance
words and phrases shall be construed as follows:
No. 2000.06. See Ordinance Nos. 95.12
and 96.09 for prior history.
A. "Entertainer" means any person who performs any dance, show,
exhibition, or performance for any number of persons. The enter-
tainer need not receive compensation from any source to be cov-
ered under this chapter.
B. "Employee" means any employee, independent contractor, agent,
consultant, or other like person.
C. "Opaque" means not allowing any light to pass through; not trans-
parent, semi - transparent, or translucent.
D. "Premises" means land with its appurtenances and structures on it
as well as any other property adjoining the land that the qualified
establishment uses or allows to be used for its benefit.
E. "Qualified establishment" means any restaurant, nightclub, bar, tav-
ern, taproom, theater or private, fraternal, social, golf, or country
club, or any place that holds a valid Arizona liquor license, which
serves spirituous liquors as defined by A.R.S. § 4- 101(29). This in-
The statutory reference in section 9 -5 -1 (E)
cludes the entire remises owned, leased, or otherwise occupied b
p p Y
was simplified by Ordinance No. 2005.22
the establishment, whether the liquor license extends to that portion
of the premises or not.
Section 9 -5 -2 Purpose
The purpose of this chapter is to:
A. Provide for the clothing requirements of entertainers, employees
serving spirituous liquors, and other employees in qualified estab-
The statutory reference in section 9- 5 -2(A)
lishments that serve spirituous liquors as defined by A.R.S.
was simplified by Ordinance No. 2005.22
§ 4- 101(29).
B. Provide for conduct requirements of entertainers, employees serv-
ing spirituous liquors, employees, patrons, and operators in quali-
fied establishments;
C. Provide for requirements of employment for entertainers, employ-
ees serving spirituous liquors, and employees in qualified estab-
lishments;
D. Provide for penalties, to be enforced by the town, for anyone violat-
ing the provisions of this chapter;
E. Regulate the conduct and dress of entertainers, employees serving
spirituous liquors, and other employees in qualified establishments
so as to encourage public health, morals, and safety.
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Section 9 -5 -3 Clothing requirements for female entertainers
and employees serving spirituous liquors in
qualified establishments; penalty
Any female entertaining or performing any dance, show, exhibition, or
performance, and any female serving spirituous liquors as defined by
A.R.S. § 4- 101(29), as amended, or any female employee, in a quali- The statutory reference in section 9 -5 -3 was
fied establishment, who appears clothed, costumed, unclothed, or un- simplified by Ordinance No. 2005.22
costumed shall appear in a way so that any portion of the nipple and
the areola (the more darkly pigmented portion of the breast encircling
the nipple) is not visible and is firmly covered by a fully opaque mate-
rial, which does not resemble or simulate the actual appearance of an
areola and /or nipple. No person may knowingly conduct, maintain,
own, manage, and /or operate any qualified establishment where any
person is in violation of this section.
Section 9 -5 -4 Clothing requirements for all entertainers,
employees serving spirituous liquor, and
employees, in qualified establishments; penalty
Any person entertaining or performing any dance, show, exhibition, or
performance, and any person serving spirituous liquors as defined by
A. R.S. § 4- 101(29), as amended, in a qualified establishment, who ap- The statutory reference in section 9 -5 -4 was
pears clothed, costumed, unclothed, or un- costumed shall appear in a simplified by Ordinance No. 2005.22
way so that the lower portion of his or her torso, consisting of the geni-
tals, pubic hair, or anal cleft or buttocks, is covered by a fully opaque
material and is not so thinly covered as to appear uncovered. No per-
son may knowingly conduct, maintain, own, manage, and /or operate
any qualified establishment where any person is in violation of this sec-
tion.
Section 9 -5 -5 Screening requirements; operation of qualified
establishments in violation of screening
requirements
If any entertainer, employee serving spirituous liquors, employee,
owner, operator, manager, or patron in a qualified establishment is
able to view, either on or off the premises of the qualified establish-
ment, any person who would be in violation of this chapter if that per-
son were on the premises of a qualified establishment, the viewing
person shall effectively screen the violating person or persons from
view. No person may knowingly conduct, maintain, own, manage,
and /or operate any qualified establishment where any person is in vio-
lation of this section.
Section 9 -5 -6 Prohibited acts
The following acts are prohibited by entertainers, employees serving
spirituous liquors, employees, owners, operators, managers, and pa-
trons, in qualified establishments:
A. No employee, entertainer or person on the premises of a qualified
establishment shall wear or use any devise or covering exposed to
view, and no licensee, operator, manager, or owner of a qualified
establishment shall permit, on the licensed premises, any em-
ployee, entertainer or person to wear or use any devise or covering
exposed to view, which simulates the breast, genitals, anus, pubic
hair or any private portion of them.
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Title 9. Business Regulations ()
B. No person on or visible from the premises of a qualified establish-
ment shall perform, and no licensee, operator, manager, or owner
of a qualified establishment shall permit on the premises or from
any location visible to the premises of a qualified establishment, any
person to perform acts of or acts which constitute or simulate:
1. Sexual intercourse, masturbation, sodomy, bestiality, oral copula-
tion, flagellation, or any sexual acts which are prohibited by law;
2. The touching, caressing or fondling of the breast, buttocks, anus
or genitals.
Section 9 -5 -7 Restrictions on employment of entertainers
A. No entertainer under the age of 18 years shall be employed in a
qualified establishment. All entertainers employed at a qualified es-
tablishment must provide the following to the employer to be kept
on permanent file:
1. Valid Arizona driver's license or state ID card; and,
2. A certified copy of the entertainer's birth certificate.
B. The operator, manager, or owner of the qualified establishment
shall have and keep on file the documents required by this section.
Chapter 9 -6 SEXUALLY ORIENTED BUSINESSES
Chapter 9 -6 was adopted by Ordinance
Section 9 -6 -1 Purpose No. 2000.06
It is the purpose of this chapter to regulate sexually oriented busi-
nesses and related activities to promote the health, safety, morals, and
general welfare of the citizens of the town, and to establish reasonable
and uniform regulations to prevent the deleterious location and con-
centration of sexually oriented businesses within the town. The provi-
sions of this chapter have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials,
including sexually oriented materials. Similarly, it is neither the intent
nor effect of this chapter to restrict or deny access by adults to sexually
oriented materials protected by the First Amendment, or to deny ac-
cess by the distributors and exhibitors of sexually oriented entertain-
ment to their intended market. Neither is it the intent or effect of this
chapter to condone or legitimize the distribution of obscene materials.
Section 9 -6 -2 Definitions
A. "Adult arcade" means any place to which the public is permitted or
invited where coin - operated or slug- operated or electronically, elec-
trically, or mechanically controlled still or motion picture machines,
projectors, or other image - producing devices are maintained to Ordinance No. 2000.10 added the word
regularly show images to five or fewer persons per machine at any "regularly" to paragraph A
one time, and where the images so displayed are distinguished or
characterized by the depicting or describing of specified sexual ac-
tivities or specified anatomical areas.
B. "Adult bookstore," "adult novelty store" or "adult video store" means
a commercial establishment that, regardless of any other purposes
it may have, and as one of its principal business purposes, offers
for sale or rental for any form of consideration any one or more of
the following:
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Title 9. Business Regulations ()
1. Books, magazines, periodicals or other printed matter, or photo-
graphs, films, motion pictures, video cassettes or video repro-
ductions, slides, or other visual representations that depict or de-
scribe specified sexual activities or specified anatomical areas;
or
2. Instruments, devices, or paraphernalia that are designed for use
in connection with specified sexual activities.
C. "Adult cabaret" means a nightclub, bar, restaurant, or similar com-
mercial establishment that regularly features:
1. Persons who appear in a state of nudity or semi - nudity;
2. Live performances that are characterized by the exposure of
specified anatomical areas or by specified sexual activities;
3. Films, motion pictures, video cassettes, slides, or other photo-
graphic reproductions that are characterized by the depiction or Ordinance No. 2000.10 deleted former sub -
description of specified sexual activities or specified anatomical paragraph 4
areas.
D. "Adult motel" means a hotel, motel or similar commercial establish- Ordinance No. 2000.10 rewrote paragraph D
ment that offers accommodation to the public for any form of con- p g ra p
sideration and provides patrons with closed- circuit television trans-
missions, films, motion pictures, video cassettes, slides, or other
photographic reproductions that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and has a sign visible from the public right of way that adver-
tises the availability of this adult type of photographic reproductions;
and
1. Offers a sleeping room for rent for a period of time that is less
than 24 hours; or
2. Allows a tenant or occupant of a sleeping room to sub -lease the
room for a period of time that is less than 24 hours.
E. "Adult motion picture theater" means a commercial establishment
where, for any form of consideration, films, motion pictures, video
cassettes, slides, or similar photographic reproductions are regu-
larly shown that are characterized by the depiction or description of
specified sexual activities or specified anatomical areas.
F. "Adult theater" means a theater, concert hall, auditorium, or similar
commercial establishment that regularly features persons who ap-
pear, in person, in a state of nudity and /or semi - nudity, and /or live
performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
G. "Adult vending machine" means any mechanical device that, re-
gardless of any other purposes it may have, regularly publicly dis- Ordinance No. 2000.10 rewrote paragraph G
penses for any form or consideration any books, magazines, peri-
odicals or other printed matter, or photographs, films, motion pic-
tures, video cassettes or video reproductions, slides, or other visual
representations that are characterized by the depiction or descrip-
tion of specified sexual activities or specified anatomical areas.
H. "Employee" means a person who performs any service on the
premises of a sexually oriented business on a full time, part time,
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Title 9. Business Regulations ()
contract basis, or independent basis, whether or not the person is
denominated an employee, independent contractor, agent, or oth-
erwise, and whether or not the person is paid a salary, wage, com-
mission or other compensation by the operator of the business. A
person exclusively on the premises for repair or maintenance of the
premises or equipment on the premises, or for the delivery of goods
to the premises, as well as a person exclusively on the premises as
a patron or customer is not an employee within the meaning of this
chapter.
I. "Escort" means a person who, for pecuniary or other consideration,
agrees or offers to act as a companion, guide, or date for another
person, or who agrees or offers to privately model lingerie or to pri-
vately perform a striptease for another person.
J. "Escort agency" means a person or business association who fur-
nishes, offers to furnish, or advertises to furnish escorts as one of
its primary business purposes for a fee, tip, or other consideration.
K. "Establishment" means and includes any of the following:
1. The opening or commencement of any sexually oriented busi-
ness as a new business;
2. The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
3. The addition of any sexually oriented business to any other exist-
ing sexually oriented business;
4. The relocation of any sexually oriented business; or
5. A sexually oriented business or premises on which the sexually
oriented business is located.
L. In assessing whether a particular business is a "family- oriented en-
tertainment business," the town clerk shall consider the following
factors related to the business:
1. Whether a primary business purpose is related to the sale of food
or food services;
2. Whether a primary business purpose relates to the sale or use of
entertainment or educational products, services, facilities or ac-
tivities;
3. The age of patrons for or by which the services, facilities or activi-
ties of the business are primarily appropriate and utilized; and
4. Whether the business is primarily a retail establishment.
A business determined to be primarily a retail or a food services es-
tablishment is presumed to not qualify as a family- oriented enter-
tainment business unless articulable reasons to the contrary are es-
tablished by the town clerk.
M. "Licensee" means a person in whose name a license has been is-
sued, as well as the individual listed as an applicant on the applica-
tion for a license.
N. "Nude model studio" means any place where a person who appears
in a state of nudity or displays specified anatomical areas is regu-
larly provided to be observed, sketched, drawn, painted, sculptured,
MARANA TOWN CODE
{00001471.DOC I}
9 -16
Ordinance No. 2000.10 rewrote paragraph L
Ordinance No. 2000.10 added the word
"regularly" to paragraph N
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{00001471.DOC I}
photographed, or similarly depicted by other persons for considera-
tion.
O.
"Nudity" or a "state of nudity" means the appearance of a human
bare buttock, anus, anal cleft or cleavage, pubic area, male geni-
tals, female genitals, or vulva, with less than a fully opaque cover-
ing; or a female breast with less than a fully opaque covering of any
part of the nipple; or human male genitals in a discernibly turgid
state even if completely and opaquely covered.
P.
"Premises" means the real property upon which the sexually ori-
ented business is located, and all appurtenances to them and build-
Ordinance No. 2005.22 deleted a redundant
definition of "person" (see section 1 -3 -2)
ings located there, including, but not limited to, the sexually oriented
business, the grounds, private walkways, and parking lots and /or
parking garages adjacent to them, under the ownership, control, or
supervision of the licensee, as described in the application for a
business license pursuant to this chapter.
Q.
"Regularly," "regularly features," or "regularly shown" shall be con-
Ordinance No. 2000.10 deleted former para-
strued to apply the p rovisions of this chapter only activities that take
pp y p p y
graph R entitled "Principal business purpose"
place outside the context of some larger form of expression.
and adopted current paragraph R
R.
"School" means a child care facility licensed pursuant to the Arizona
Revised Statutes, title 36, chapter 7.1, or any public or private insti-
tution established for the purposes of offering instruction to pupils in
programs for preschool children with disabilities, kindergarten pro-
grams or any combination of grades one through twelve, including
but not limited to, child day care facilities, nursery schools, pre-
Ordinance No. 2000.10 added everything
schools, kindergartens, elementary schools, intermediate schools,
after "including but not limited to" in para-
graph S
junior high schools, middle schools, high schools, vocational
schools, secondary schools, continuation schools, special educa-
tion schools; schools includes the school ground but does not in-
clude the facilities used primarily for another purpose and only inci-
dentally as a school.
S.
"Semi- nude" or "semi- nudity" means the appearance of the female
breast below a horizontal line across the top of the areola at its
highest point. This definition shall include the entire lower portion of
the human female breasts, but shall not include any portion of the
cleavage of the human female breasts exhibited by a dress, blouse,
skirt, leotard, bathing suit, or other wearing apparel provided the
areola is not exposed in whole or in part.
T.
"Sexual encounter center" means a business or commercial enter-
prise that, as one of its principal business purposes, offers for any
form of consideration for:
1. Physical contact in the form of wrestling or tumbling between any
two persons of the opposite sex when one or more of the per-
sons is in a state of nudity or semi - nudity; or
2. Activities between male and female persons and /or persons of
the same sex when one or more of the persons is in a state of
nudity or semi - nudity.
U.
"Sexually oriented business" means an adult arcade, adult vending
machine, adult bookstore, adult novelty store or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult thea-
Ordinance No. 2000.10 changed "or" to "and"
in the last clause of paragraph V
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Title 9. Business Regulations ()
ter, escort agency, nude model studio, adult novelty store and sex-
ual encounter center.
V. "Specified anatomical area" means:
1. The human male genitals in a discernibly turgid state, even if fully
and opaquely covered; or
2. Less than completely and opaquely covered human genitals, pu-
bic region, buttocks, or a female breast below a point immedi-
ately above the top of the areola.
W. "Specified criminal activity" means any of the following offenses:
Prostitution or promotion of prostitution; dissemination of obscen-
ity; sale, distribution, or display of harmful material to a minor;
sexual performance by a child; possession or distribution of child
pornography; public lewdness; indecent exposure; indecency
with a child; sexual assault; molestation of a child; or any sex -
related offenses similar to those described under the criminal
code of Arizona, other states, or other countries;
2. For which:
a. Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the con-
viction, whichever is the later date, if the conviction is of a
misdemeanor offense;
b. Less than five years have elapsed since the date of conviction
or the date of release from confinement imposed for the con-
viction, whichever is the later date, if the conviction is of a fel-
ony offense; or
c. Less than five years have elapsed since the date of the last
conviction or the date of release from confinement imposed
for the last conviction, whichever is the later date, if the con-
victions are of two or more misdemeanor offenses or combi-
nation of misdemeanor offenses occurring within any
24 -month period.
3. The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
X. "Specified sexual activities" means and includes any of the follow-
ing:
1. The fondling or other erotic touching of human genitals, pubic re-
gion, buttocks, anus, or female breasts, whether covered or un-
covered;
2. Sex acts, normal or perverted, actual or simulated, including in-
tercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the ac-
tivities set forth in (1) through (3) above.
Y. "Substantial enlargement" of a sexually oriented business means
the increase in floor area occupied by the business by more than
25 %, as the floor areas exist on May 2, 2000.
MARANA TOWN CODE
{00001471.DOC I}
9 -18
Ordinance No. 2000.10 changed "five years"
to "two years" in subparagraph a
Ordinance No. 2000.10 changed "ten years"
to "five years" in subparagraphs b and c
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Title 9. Business Regulations ()
Z. "Transfer of ownership or control" of a sexually oriented business
means and includes any of the following:
1. The sale, lease, or sublease of the business;
2. The transfer of securities that form a controlling interest in the
business, whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device that
transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of
the person possessing the ownership or control.
Section 9 -6 -3 Classification
Sexually oriented businesses are classified as follows:
A. Adult arcades;
B. Adult bookstores, adult novelty shops or adult video stores;
C. Adult cabarets;
D. Adult motels;
E. Adult motion picture theaters;
F. Adult theaters;
G. Adult vending machines;
Ordinance No. 2000.10 added paragraph G
H. Escort agencies;
I. Nude model studios; and
J. Sexual encounter centers.
Section 9 -6 -4 License required; non - transferability; exceptions
A. It shall be unlawful for any person to operate a sexually oriented
business without first obtaining and maintaining a valid sexually ori-
ented business license issued pursuant to this chapter.
B. It shall be unlawful for any person who operates a sexually oriented
business to employ a person to work and /or perform services on the
premises of the sexually oriented business, if the employee is not in
possession of a valid sexually oriented business employee license
issued to the employee pursuant to this chapter.
C. It shall be unlawful for any person to obtain employment with a
sexually oriented business if the person is not in possession of a
valid sexually oriented business employee license issued to the per-
son pursuant to this chapter.
D. It shall be unlawful for any person, association, firm or corporation
licensed as provided in this chapter to operate under any name or
conduct business under any designation not specified in the li-
cense.
E. All licenses issued pursuant to this chapter shall be nontransferable
except as provided in this chapter.
F. The license required by this section shall be in addition to any other
licenses or permits required to engage in the business or occupa-
tion, as applicable, by either the town, the county or the state, and
persons engaging in activities described by this chapter shall com-
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Title 9. Business Regulations ()
ply with all other ordinances and laws, including the town zoning or-
dinance, as may be required to engage in a business or profession.
G. It shall be a defense to subsections (B) and (C) of this section if the
employment is of limited duration and for the sole purpose of repair
and /or maintenance of machinery, equipment, or the premises.
Section 9 -6 -5 License application
A. An application for a sexually oriented business license, including a
renewal application, must be made on a form provided by the town.
The application must be accompanied by a sketch or a diagram
showing the configuration of the premises, including a statement of
total floor space occupied by the business. The sketch or diagram
need not be professionally prepared but must be drawn to a desig-
nated scale or drawn with marked dimensions of the interior of the
premises to an accuracy of plus or minus six inches. The town clerk
may waive the foregoing diagram for renewal applications if the ap-
plicant adopts a diagram that was previously submitted and certifies
that the configuration of the premises has not been altered since it
was prepared.
B. Prior to applying for an original sexually oriented business license,
all applicants for the license must have the premises inspected and
approved by the health department, fire department, building de-
partment, and zoning department. Written certification of the inspec-
tions and approvals by each inspecting agency must be submitted
with each sexually oriented business license application. A licensee
who has not submitted the certifications within the five previous
years or a licensee for an establishment which expanded since the
time of the previous license application must also have the respec-
tive premises inspected and submit written certification of the in-
spections and approvals by each inspecting agency with the licen-
see's next application for the renewal of a sexually oriented busi-
ness license. Agencies responsible for inspecting the premises of
an existing or anticipated sexually oriented business must complete
the requested inspections within 30 days of applicant's request; if
one or more agencies fails to timely inspect the requested prem-
ises, the requirements of this subsection as they relate to that one
or more inspection are waived by the town.
C. The application may request, and the applicant shall provide, such
information (including fingerprints) as the town may require to en-
able the town to determine whether the applicant meets the qualifi-
cations established under this chapter. The applicant has an af-
firmative duty to supplement a pending application with new infor-
mation received subsequent to the date the application was
deemed completed.
D. All applications to own or operate a sexually oriented business must
be submitted by a natural person who must sign the application. If a
legal entity wishes to own or operate a sexually oriented business,
each natural person who owns or controls a 20% or greater interest
in the business must sign the application for a business license as
an applicant. If a corporation is listed as owner of a sexually ori-
ented business or as the entity that wishes to operate such a busi-
ness, each individual having a 20% or greater interest in the corpo-
MARANA TOWN CODE 9 -20
{00001471.DOC I}
Ordinance No. 2000.10 added the last sen-
tence of paragraph 8
Ordinance No. 2000.10 added the last sen-
tence of paragraph D and changed two occur-
rences of 10% to 20%
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Title 9. Business Regulations ()
ration must sign the application for a business license as an appli-
cant. In all cases, any person involved in the day -to -day operation
of the business or has the capacity to significantly influence the op-
eration of the business must sign the application as an applicant.
E. Each application for a sexually oriented business license shall be
accompanied by the following: Ordinance No. 2000.10 rewrote paragraph E
1. Payment of the application fee in full;
2. The name of the applicant or organization applying for the license
and the name under which the sexually oriented business will
operate.
3. If the establishment is a state corporation, a copy of the articles
of incorporation, together with all amendments to them and a
signed statement that the corporation is in good standing in the
state;
4. If the establishment is a foreign corporation, a copy of the certifi-
cate of authority to transact business in this state, together with
all amendments to it and a signed statement that the corporation
is in good standing in the state of incorporation;
5. If the establishment is a limited partnership formed under the
laws of the state, a copy of the certificate of limited partnership,
together with all amendments to it and a signed statement that
the corporation is in good standing in the state;
6. If the establishment is a foreign limited partnership, a copy of the
certificate of limited partnership and the qualification documents,
together with all amendments to it and a signed statement that
the corporation is in good standing in the state of incorporation;
7. Proof of the current fee ownership of the tract of land on which
the establishment is to be situated in the form of a copy of the
recorded deed;
8. If the persons identified as the fee owners of the tract of land in
item (6) are not also the owners of the establishment, then the
lease, purchase contract, purchase option contract, lease option
contract or other documents evidencing the legally enforceable
right of the applicants to have or obtain the use and possession
of the tract or portion of them that is to be used for the estab-
lishment for the purpose of the operation of the establishment;
9. A current certificate and straight -line drawing prepared within
30 days prior to application by a registered land surveyor depict-
ing the property lines and the structures containing any existing
sexually oriented businesses within 1,500 feet of the property to
be certified; the property lines of any established religious institu-
tion /synagogue, public park or recreation area, or family- oriented
entertainment business within 1,500 feet of the property to be
certified; the property lines of any school established within 1500
feet of the property to be certified. For purposes of this section, a
use shall be considered existing or established if it is in existence
at the time an application is submitted;
10. Any of items (2) through (8), above, shall not be required for a
renewal application or for an application for a secondary classifi-
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cation of sexually oriented business operated within the same
establishment as the primary application or license if the appli-
cant states that the documents previously furnished the town
clerk with the original application or previous renewals remain
correct and current.
F. Applications for an employee license to work and /or perform ser-
vices in a sexually oriented business, whether original or renewal,
must be made to the town clerk by the person to whom the em-
ployee license shall issue. Each application for an employee license
shall be accompanied by payment of the application fee in full. Ap-
plication forms shall be supplied by the town clerk. Applications
must be submitted to the office of the town clerk or the town clerk's
designee during regular working hours and contain the following in-
formation:
1. The applicant's given name, and any other names by which the
applicant is or has been known, including "stage" names and /or
aliases;
2. Age, date and place of birth;
3. Height, weight, hair color, and eye color;
4. Present residence address and telephone number;
5. Present business address and telephone number;
6. Date, issuing state, and number of photo driver's license, or other
state issued identification card information;
7. Social Security number; and
8. Proof that the individual is at least 18 years old.
All information submitted to the town pursuant to this paragraph is
confidential and will not be released except as pursuant to a valid Ordinance No. 2000.10 added the un-
law enforcement investigation, court order or as otherwise may be numbered paragraph after subparagraph 8
required by law.
G. Each person signing an application as an applicant shall attach to
the application form the following:
1. Two identical, passport- quality color photographs of the applicant
clearly showing the applicant's face and taken within the preced-
ing month, and two sets of the applicant's complete fingerprints
on a form provided by the police department. Any fees for the
photographs and fingerprints shall be paid by the applicant. Ordinance No. 2000.10 rewrote subpara-
2. A statement detailing the sexually oriented business license his-
graphs 1 and 2
tory of the applicant for the five years immediately preceding the
date of the filing of the application, including whether the appli-
cant, in this or any other town, city, county, state, or country, has
ever had any sexually oriented business license, permit, or au-
thorization to do business denied, revoked, or suspended, or had
any professional or vocational license or permit denied, revoked,
or suspended. If there is any such denial, revocation, or suspen-
sion, state the name or names under which the license was
sought and /or issued, the name of the issuing or denying juris-
diction, and describe in full the reasons for the denial, revocation,
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or suspension. A copy of any order of denial, revocation, or sus-
pension shall be attached to the application.
3. A statement whether the applicant or any person over the age of
18 years with whom the applicant resides has been convicted, or
is awaiting trial on pending charges, of a specified criminal activ-
ity and, if so, the nature of the specified criminal activity involved,
the date, place and jurisdiction of each.
4. A statement made under oath that the applicant has personal
knowledge of the information contained in the application, that
the information contained in and furnished with the application is
true and correct and that the applicant has read the provisions of
this chapter.
H. A separate application and sexually oriented business license shall
be required for each sexually oriented business classification oper-
ating within the same establishment.
I. The fact that a person possesses other types of permits and /or li-
censes does not exempt that person from the requirement of ob-
taining a sexually oriented business or employee license.
Section 9 -6 -6 Issuance of license; denial; annual renewal
required
A. Upon the filing of an application for a sexually oriented business
employee license, the town clerk shall issue a temporary license to
the applicant. The application shall then be referred to the appropri-
ate town departments for investigation to be made on the informa-
tion contained in the application. Any inspection requirement of a
particular town agency shall be waived if the respective town
agency fails to complete its inspection within 20 days of the date it
received an inspection request. The application review process
shall be completed within 30 days from the date of the completed
application. After the investigation, the town clerk shall issue an
employee license, unless it is determined by a preponderance of
the evidence that one or more of the following findings is true:
1. That the applicant has failed to provide the information required
by this chapter for issuance of the license or has falsely an-
swered a question or request for information on the application
form;
2. The applicant is under the age of 18 years;
3. The applicant has been convicted of a specified criminal activity;
4. The sexually oriented business employee license is to be used
for employment in a business prohibited by local or state law,
statute, rule, or regulation, or prohibited by a particular provision
of this chapter; or
5. The applicant has had a sexually oriented business employee li-
cense revoked by any jurisdiction within two years of the date of
the current application.
B. If an application for a sexually oriented business employee license
is denied, the temporary license previously issued is immediately
deemed null and void.
MARANA TOWN CODE 9 -23
{00001471.DOC I}
Ordinance No. 2000.10 added the third sen-
tence and added "review" to the fourth sen-
tence of paragraph A
Ordinance No. 2000.10 inserted "required by
this article" (now chapter) for "reasonably
necessary" in subparagraph 1
Ordinance No. 2000.10 inserted "any jurisdic-
tion" for "the Town" in subparagraph 5
1111512005
Title 9. Business Regulations ()
C. Denial, suspension, or revocation of a license issued pursuant to
this section shall be subject to appeal as set forth in this chapter.
D. A license issued pursuant to subsection (A) of this section, if
granted, shall state on its face the name of the person to whom it is
granted, the expiration date, and the address of the sexually ori-
ented business. The employee shall keep the license on the em-
ployee's person at all times while engaged in employment or per-
forming services on the sexually oriented business premises so that
the license may be available for inspection upon lawful request.
E. If application is made for a sexually oriented business license, the
town clerk shall approve or deny issuance of the license within
45 days of receipt of the completed application. The failure of the
Ordinance No. 2000.10 added the second
town or a particular town official or agency to timely act shall result
sentence of paragraph E
in the waiver by the town of any requirement under this chapter as
applied to that particular town official or agency. The town clerk
shall issue a license to an applicant unless it is determined that one
or more of the following findings is true:
1. An applicant has failed to provide the information reasonably
necessary for issuance of the license or has falsely answered a
question or request for information on the application form;
2. An applicant is under the age of 18 years;
3. An applicant has been denied a license by the town to operate a
sexually oriented business within the preceding 12 months, or
Ordinance No. 2000.10 deleted the phrase
applicant's license to operate a sexually oriented business has
"or a person with whom the applicant is resid-
ing" from the first line of subparagraphs 3, 4
been revoked within the preceding 12 months;
and 5, and inserted "applicant's" for "whose"
4. An applicant is overdue in payment to the town in taxes, fees,
in subaaraaraah 3
fines, or penalties assessed against or imposed upon him /her in
relation to any business;
5. An applicant has been convicted of a specified criminal activity;
6. The premises to be used for the sexually oriented business have
not been approved by the health department, fire department,
and the building department as being in compliance with appli-
cable laws and ordinances;
7. The premises to be used for the sexually oriented business is lo-
Ordinance No. 2000.10 reduced the distance
cated within 1,500 feet of any residential zone, single- or multi-
from schools to 1,500 feet (from one mile) in
ple- family dwelling, family- oriented entertainment business,
subparagraph 7
church, park or school;
8. The premises to be used for the sexually oriented business is lo-
cated within 1,500 feet of either any other sexually oriented busi-
ness licensed under this chapter or any other sexually oriented
business that would be licensed under this chapter if it were lo-
cated with the town limits;
9. The license fee required under this chapter has not been paid; or
10. An applicant of the proposed establishment is in violation of or
is not in compliance with one or more of the provisions of this
chapter.
F. A license issued pursuant to subsection (E) of this section, if
granted, shall state on its face the name of the person or persons to
MARANA TOWN CODE 9 -24 1111512005
{00001471.DOC I}
Title 9. Business Regulations ()
whom it is granted, the expiration date, the address of the sexually
oriented business, and the section 9 -6 -3 classification for which the
license is issued. The license shall be posted in a conspicuous
place at or near the entrance to the sexually oriented business so
that it may be easily read at any time.
G. A sexually oriented business license shall issue for only one classi-
fication, as set forth in section 9 -6 -3. Each classification operating Ordinance No. 2000.10 added the last sen-
tence of paragraph G
within the same establishment and wholly owned by that establish-
ment requires a separate license.
H. If the town clerk determines that an applicant is not eligible for a
sexually oriented business license, the applicant shall be given no-
tice in writing of the reasons for the denial within 45 days of the re-
ceipt of the completed application by the town clerk, provided that
the applicant may request, in writing at any time before the notice is
issued, that the period be extended for an additional period of not
more than ten days to make modifications necessary to comply with
this chapter.
I. Each license issued pursuant to this section shall be subject to an-
nual renewal upon the written application of the applicant and a
finding by the town clerk that the applicant has not been convicted
of any specified criminal activity, or committed any act during the
existence of the previous license which would be grounds to deny
the initial license application. The decision whether to renew a li-
cense shall be made within 30 days of receiving the completed ap-
plication. The renewal of a license shall be subject to the fee as set
forth in section 9 -6 -7. Non - renewal of a license shall be subject to
appeal as set forth in this chapter.
Section 9 -6 -7 Fees
The annual fee for a new sexually oriented business license is $500,
whether new or renewal, except as noted in this section. The annual Ordinance No. 2000.10 rewrote section 9 -6 -7
fee of $50 is required for a sexually oriented business employee li-
cense, whether new or renewal. The annual fee of $50 is required for a
renewal sexually oriented business license or for a license for a sec-
ond classification of a sexually oriented business operated within the
same establishment as the primary application or license where no
modifications to the premises or the primary application are required.
These fees are to be used to pay for the cost of the administration and
enforcement of this chapter. The fees are nonrefundable and may not
be prorated for a license period of less than one year. The fee re-
quirements under this chapter shall not result in the suspension, non -
renewal or revocation of a license pursuant to this chapter if the appli-
cant or licensee makes full payments within 15 days of being notified
of the fee requirements.
Section 9 -6 -8 Inspection Ordinance No. 2000.10 rewrote section 9 -6 -8
A. An applicant or licensee shall permit representatives of the police
department, health department, fire department, building depart-
ment, or other town, state or federal departments or agencies to in-
spect the premises of a sexually oriented business for the purpose
of ensuring compliance with the law, at any time it is occupied or
open for business. The inspection shall be limited to visual assess-
ment of the activities conducted in areas in accord with the provi-
MARANA TOWN CODE 9 -25 1111512005
{00001471.DOC I}
Title 9. Business Regulations ()
sions of this chapter: areas to which patrons have access or are al-
lowed access; to requests for inspection of the licenses required
under this chapter; and to requests for identification of those indi-
viduals who reasonably appear to be under the age of 18 years.
B. It shall be unlawful for an applicant, licensee or employee of a
sexually oriented business to refuse to permit law enforcement offi-
cers or any other agent allowed by this section to inspect the prem-
ises at any time the premises is occupied or open for business.
C. The provisions of this section do not apply to areas of an adult mo-
tel that are currently being rented for use as temporary or perma-
nent habitation.
Section 9 -6 -9 Expiration of license
A. Each license shall expire one year from the date of issuance and
may be renewed only by submitting a renewal application to the town.
Application for renewal shall be made at least 30 days before the expi-
ration date.
B. If the town clerk denies renewal of a license, the applicant shall not
be issued a license for one year from the date of denial. Notwithstand-
in g the provisions of this section, if a licensee appeals the non - renewal
Ordinance No. 2000.10 added the last sen-
tence of paragraph 8
of a license, the status quo immediately prior to the non - renewal shall
be maintained while the appeal is pending.
Section 9 -6 -10 Suspension
A. The town clerk shall issue a notice and order of suspension, sus-
pending a license for a period not to exceed 30 days, if the town
Ordinance No. 2000.10 inserted "issue a no-
clerk determines that the licensee or an employee of the licensee
tice and order of suspension, suspending" in
has:
place of "suspend" in paragraph A, added
"Knowingly or intentionally" at the beginning
1. Violated or is not in compliance with any section of this chapter;
of subparagraph 4, and added paragraph 8
2. Operated or performed services in a sexually oriented business
while intoxicated by the use of alcoholic beverages or controlled
substances;
3. Refused to allow prompt inspection of the sexually oriented busi-
ness premises as authorized by this chapter; or
4. Knowingly or intentionally permitted gambling by any person on
the sexually oriented business premises.
B. The notice and order of suspension shall become effective within
ten days after issuance unless the licensee appeals the suspension
of a license.
Section 9 -6 -11 Revocation
A. The town clerk shall issue a notice and order or revocation, revoking
Ordinance No. 2000.10 inserted "issue a no-
tice and order of revocation, revoking" in
a license issued pursuant to this chapter if any of the following oc-
place of "revoke" in paragraph A, added
cu r:
"knowingly or intentionally" in subpara-
graphs 2 and 5 through 13, and added the
1. A cause of license suspension occurs and the license has been
last sentence of paragraph 8 and all of para-
suspended within the proceeding 12 months;
graph C
2. A licensee knowingly or intentionally gave false or misleading in-
formation in the material submitted during the application proc-
ess;
MARANA TOWN CODE 9 -26 1111512005
{00001471.DOC I}
Title 9. Business Regulations ()
3. A licensee, or a person with whom the licensee resides, is con-
victed of a specified criminal activity on a charge that was pend-
ing prior to the issuance of the license;
4. A licensee, subsequent to licensing, is convicted of a specified
criminal activity;
5. A licensee knowingly or intentionally permitted the possession,
use, or sale of controlled substances on the premises;
6. A licensee knowingly or intentionally permitted the sale, use, or
consumption of alcoholic beverages on the premises;
7. A licensee knowingly or intentionally permitted prostitution on the
premises;
8. A licensee knowingly or intentionally operated the sexually ori-
ented business during a period of time when the licensee's li-
cense was suspended;
9. A licensee knowingly or intentionally permitted any act of sexual
intercourse, sodomy, oral copulation, masturbation, or other sex-
ual conduct to occur in or on the licensed premises;
10. A licensee knowingly or intentionally is delinquent in payment to
the town, county or state for any taxes or fees;
11. A licensee knowingly or intentionally permitted a person under
18 years of age to enter the establishment;
12. A licensee knowingly or intentionally attempted to sell his busi-
ness license, or has sold, assigned, or transferred ownership or
control of the sexually oriented business to a non - licensee; or
13. A licensee knowingly or intentionally permitted a person or per-
sons to engage in specified sexual activities on the premises of
the sexually oriented business.
B. When the town clerk revokes a license, the revocation shall con-
tinue for one year, and the licensee shall not be issued a sexually
oriented business license for one year from the date revocation be-
came effective. If, subsequent to revocation, the town determines
that the basis for the revocation has been corrected or abated, the
applicant shall be granted a license if at least 90 days have elapsed
since the date the revocation became effective.
C. The notice and order of revocation shall become effective within ten
days after issuance unless the licensee appeals the suspension of
a license.
Section 9 -6 -12 Administrative appeal
An applicant may appeal the decision of the town clerk regarding a de-
nial, revocation or suspension to the town council by filing a written
notice of appeal with the town clerk within 15 days after service of no-
tice upon the applicant of the town clerk's decision. The notice of ap-
peal shall be accompanied by a memorandum or other writing setting
out fully the grounds for the appeal and all arguments in support of the
appeal. The town clerk may, within 15 days of service upon the town
clerk of the applicant's memorandum, submit a memorandum in re-
sponse to the memorandum filed by the applicant on appeal to the
town council. The applicant shall be afforded a hearing before the town
MARANA TOWN CODE 9 -27
{00001471.DOC I}
Ordinance No. 2000.10 rewrote section
9 -6 -12 and changed the title from "Appeal" to
"Administrative appeal"
1111512005
Title 9. Business Regulations ()
council at which the applicant or the applicant's attorney shall be af-
forded the right to address the council and the town clerk's decision,
after which the town may respond to the applicant's presentation; the
hearing shall be taken within 31 calendar days after the date on which
the town clerk receives the notice of appeal. After reviewing submitted
memoranda and exhibits as well as the arguments orally presented by
the applicant and the town, the town council shall vote either to uphold
or overrule the town clerk's decision. The town council's decision shall
be effective upon its rendering. Judicial review of a denial by the town
clerk and town council may then be made pursuant to this chapter.
Section 9 -6 -13 Judicial review
After denial of an initial or renewal application, or suspension or revo-
cation of a license by the town council, the applicant or licensee may Ordinance No. 2000. added the last sentence
of section 9-6-13
seek judicial review of the administrative action in any court of compe-
tent jurisdiction. When the town is notified that an applicant has filed
for judicial review of the administrative action resulting in the denial of
an application, the town shall issue a provisional license to applicant
allowing it to carry on its requested activities, subject to the orders of
the reviewing court.
Section 9 -6 -14 Change of employment
A. An establishment operator covered by this chapter shall keep and
maintain an up to -date register of all employees including the fol-
lowing: each employee's name, address, age, sex and duties. The
licensee must notify the town clerk in writing within 15 days of hiring Ordinance No. 2000.10 rewrote paragraphs A
any attendant or employee. and C
B. An establishment operator covered by this chapter must notify the
town clerk in writing within 15 days of any change of licensed em-
ployees employed at the establishment.
C. An employee covered by this chapter must notify the town clerk in
writing within 15 days of any change in the employee's place of
employment from one establishment covered by this chapter to an-
other.
Section 9 -6 -15 Sale, transfer or expansion
A. Upon the sale or transfer of a substantial interest in a sexually ori-
ented business, the license for it shall be null and void, unless the
transaction was approved in advance by the town clerk, under the
application procedure of this chapter. An original application shall
be made by any person, association, firm or corporation desiring to
own or operate the establishment upon its transfer.
B. An establishment licensee shall submit, upon sale or transfer of any
interest in an existing sexually oriented business, or any enlarge-
ment or expansion of the place of business of a sexually oriented
business, new certifications of inspection as required of original ap-
plicants by this chapter.
Section 9 -6 -16 Notices
A. Any notice required or permitted to be given by the town clerk or
any other town office, division, department or other agency under
this chapter to any applicant, operator or owner of a sexually ori-
ented business may be given either by personal delivery or by certi-
MARANA TOWN CODE 9 -28 1111512005
{00001471.DOC I}
Title 9. Business Regulations ()
fied United States mail, postage prepaid, return receipt requested,
addressed to the most recent address as specified in the applica-
tion for the license, or any notice of address change that has been
received by the town clerk. Notices mailed as above shall be
deemed given upon their deposit in the United States mail. If any
notice given by mail is returned by the postal service, the town clerk
or the town clerk's designee shall cause it to be posted at the prin-
cipal entrance to the establishment.
B. Any notice required or permitted to be given to the town clerk by any
person under this chapter shall not be deemed given until and
unless it is received in the office of the town clerk.
C. It shall be the duty of each owner who is designated on the license
application and each operator to furnish notice to the town clerk in
writing of any change of residence or mailing address.
Section 9 -6 -17 [Reserved]
Section 9 -6 -18 Additional regulations for escort agencies
A. An escort agency shall not employ any person under the age of 18
years; neither shall any person who is under the age of 18 may be
employed or act as an escort.
B. A person shall not act as an escort or agree to act as an escort for
any person under the age of 18 years; neither shall an escort
agency arrange for an escort for any person under the age of 18
years.
Section 9 -6 -19 Additional regulations for nude model studios
A. A nude model studio shall not employ any person under the age of
18 years.
B. A person under the age of 18 years shall not appear semi nude or in
a state of nudity in or on the premises of a nude model studio.
C. A person shall not appear in a state of nudity, or with knowledge,
allow another to appear in a state of nudity in an area of a nude
model studio premises which can be viewed from the public right of
way.
D. A nude model studio shall not place or permit a bed, sofa, or mat-
tress in any room on the premises, except that a sofa may be
placed in a reception room open to the public and containing a par-
tition to prevent visibility into the studio.
Section 9 -6 -20 Solicitation of gratuity prohibited
An employee of a sexually oriented business, while nude or semi-
nude, shall not solicit any gratuity from any patron or customer on the
sexually oriented business premises, nor shall any patron or customer
pay or give any gratuity to any employee who appears in a state of nu-
dity or semi - nudity on the sexually oriented business premises.
Section 9 -6 -21 Regulations pertaining to exhibition of sexually
explicit films and videos
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises in
a viewing room of less than 150 square feet of floor space, a film,
MARANA TOWN CODE 9 -29
{00001471.DOC I}
Section 9 -6 -17 as adopted by Ordinance
No. 2000.06 ( "Additional regulations for adult
motels') was deleted by Ordinance
No. 2000.10
Section 9 -6 -20 was rewritten by Ordinance
No. 2000.10
1111512005
Title 9. Business Regulations
video cassette, or other video reproduction, that depicts specified sex-
ual activities or specified anatomical areas, shall comply with the fol-
lowing requirements:
A. Upon application for a sexually oriented business license, the appli-
cation shall be accompanied by a diagram of the premises showing
a plan of the proposed business specifying the location of one or
more manager's stations and the location of all overhead lighting
fixtures and designating any portion of the premises in which pa-
trons will not be permitted. A manager's station may not exceed
32 square feet of floor area. The diagram shall also designate the
place where the business license will be conspicuously posted, if
granted. A professionally prepared diagram in the nature of an en-
gineer's or architect's blueprint shall not be required; however, each
diagram should be oriented to the north or to some designated
street or object and should be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimen-
sions of all areas of the interior of the premises to an accuracy of
plus or minus six inches. The town clerk may waive the foregoing
diagram for renewal applications if the applicant adopts a diagram
that was previously submitted and certifies that the configuration of
the premises has not been altered since it was prepared.
B. The application shall be sworn to be true and correct by the appli-
cant.
C. No alteration in the configuration or location of a manager's station
may be made without the prior approval of the town clerk or the
town clerk's designee.
D. It is the duty of the owner and operator of the premises to ensure
that at least one employee is on duty and situated in each man-
ager's station at all times that any patron is present inside the prem-
ises.
E. The interior of the premises shall be configured so that there is an
unobstructed view from a manager's station of the entire area of the
premises to which any patron is permitted access for any purpose
excluding restrooms. Restrooms may neither contain nor be subject
to surveillance by video reproduction equipment. If the premises
have two or more manager's stations designated, then the interior
of the premises shall be configured so that there is an unobstructed
view of the entire area of the premises to which any patron is per-
mitted access for any purpose from at least one of the manager's
stations. The view required in this subsection must be by direct line
of sight from the manager's station.
F. It shall be the duty of the operator, and it shall also be the duty of
any agents and employees present in the premises, to ensure that
the view area specified in subsection (E) of this section remains un-
obstructed by any doors, walls, merchandise, display racks or other
materials at all times and to ensure that no patron is permitted ac-
cess to any area of the premises that has been designated as an
area in which patrons will not be permitted, as designated in the
application filed pursuant to subsection (A) of this section.
G. No viewing room may be occupied by more than one person at any
time.
MARANA TOWN CODE 9 -30 1111512005
{00001471.DOC I}
Title 9. Business Regulations ()
H. The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five foot - candle
as measured at the floor level.
I. It shall be the duty of the operator, and it shall also be the duty of any
agents and employees present in the premises, to ensure that the
illumination described above is maintained at all times that any pa-
tron is present in the premises.
J. No licensee shall allow an opening of any kind to exist between
viewing rooms or booths.
K. No person shall make any attempt to make an opening of any kind
between the viewing booths or rooms.
L. The operator of the sexually oriented business shall, during each
business day, inspect the walls between the viewing rooms or
booths to determine if any openings or holes exist. No licensee or
employee of a sexually oriented business may permit a patron to
occupy a viewing room or booth containing any openings or holes
allowing viewing between two or more booths.
M. The operator of the sexually oriented business shall cause all floor
coverings in viewing booths to be nonporous, easily cleanable sur-
faces, with no rugs or carpeting.
N. The operator of the sexually oriented business shall cause all wall
surfaces and ceiling surfaces in viewing booths to be constructed
of, or permanently covered by, nonporous, easily cleanable mate-
rial. No wood, plywood, composition board or other porous material
shall be used within 48 inches of the floor.
Section 9 -6 -22 Exterior portions of sexually oriented
businesses
A. An owner or operator of a sexually oriented business shall not allow
the merchandise or activities of the establishment to be visible from
a point outside the establishment.
B. An owner or operator of a sexually oriented business shall abide by
the provisions of this chapter regulating the content of signs.
C. An owner or operator of a sexually oriented business shall not allow
exterior portions of the establishment to be painted any color other
than a single achromatic color. This provision shall not apply to a
sexually oriented business if the following conditions are met:
1. The establishment is a part of a commercial multi unit center;
2. The exterior portions of each individual unit in the commercial
multi unit center, including the exterior portions of the business,
are painted the same color as one another or are painted as a
component of the overall architectural style or pattern of the
commercial multi unit center; but
3. Nothing in this chapter shall be construed to require the painting
of an otherwise unpainted exterior portion of a sexually oriented
business.
MARANA TOWN CODE 9 -31
{00001471.DOC I}
Paragraph 8 was rewritten by Ordinance
No. 2000.10
1111512005
Title 9. Business Regulations ()
Section 9 -6 -23 Signage
A. Notwithstanding any other provision of the code, it shall be unlawful
for the operator of any sexually oriented business or any other per-
son to erect, construct, or maintain any sign for the sexually ori-
ented business other than the one primary sign and one secondary
sign, as provided in this section. This section is intended to aug-
ment the town sign code, not supplant it.
B. Primary signs shall have no more than two display surfaces. Each
display surface shall:
1. Not contain any flashing lights;
2. Be a flat plane, rectangular in shape;
3. Not exceed 75 square feet in area; and
4. Not exceed ten feet in height or ten feet in length.
C. Primary and secondary signs shall contain no photographs, silhou-
ettes, drawings or pictorial representations in any manner, and may
contain only the name of the enterprise.
D. Each letter forming a word on a primary or secondary sign shall be
of solid color, and shall be the same print type, size and color. The
background behind the lettering on the display surface of a primary
sign shall be of a uniform and solid color.
E. Secondary signs shall have only one display surface. The display
surface shall:
1. Not contain any flashing lights;
2. Be a flat plane, rectangular in shape;
3. Not exceed 20 square feet in area;
4. Not exceed five feet in height or five feet in width; and
5. Be affixed or attached to a wall or door of the enterprise.
Section 9 -6 -24 Sale, use, or consumption of alcoholic
beverages prohibited
The sale, use, or consumption of alcoholic beverages on the premises
of a sexually oriented business is prohibited.
Section 9 -6 -25 Persons younger than eighteen prohibited from
entry; attendant required.
A. An owner or operator of a sexually oriented business shall not allow
a person who is younger than 18 years of age to enter or be on the
premises of a sexually oriented business at any time the sexually
oriented business is open for business.
B. It shall be the duty of the operator of each sexually oriented busi-
ness to ensure that an attendant is stationed at each public en-
trance to the sexually oriented business at all times during the sexu-
ally oriented business' regular business hours. It shall be the duty of
the attendant to prohibit any person under the age of 18 years from
entering the sexually oriented business. It shall be presumed that
an attendant knew a person was under the age of 18 years unless
the attendant asked for and was furnished:
MARANA TOWN CODE 9 -32
{00001471.DOC I}
1111512005
Title 9. Business Regulations ()
1. A valid operator's, commercial operator's, or chauffeur's driver's
license; or
2. A valid personal identification issued by the state reflecting that
the person is 18 years of age or older.
Section 9 -6 -26 Hours of operation
No sexually oriented business, except for an adult motel, may remain
open at any time between the hours of 1:00 a.m. and 8:00 a.m. on
weekdays and Saturdays, and 1:00 a.m. and noon on Sundays.
Section 9 -6 -27 Applicability to existing businesses
The provisions of this chapter shall apply to the activities of all persons
and sexually oriented businesses described in this chapter, whether
the business or activities were established or commenced before, on
or after the effective date of this section, except that the requirements
that sexually oriented businesses be separated from certain types of
land uses shall not apply to businesses existing on the date of pas-
sage of this ordinance. For purposes of this section, a use shall be
considered existing or established if it is in existence as of July 18,
2000.
Section 9 -6 -28 Violations, penalty and abatement
A. It shall be unlawful for a person having a duty under this chapter to
knowingly fail to fulfill that duty.
B. A person who violates any provision of this chapter is guilty of a
class 1 misdemeanor.
C. In addition to prosecution for a criminal violation of this chapter, the
operation of a sexually oriented business without a valid license shall
constitute a nuisance and the town attorney may file an action in a
court of competent jurisdiction against a person or entity operating or
causing to be operated the business for injunctive relief or to abate the
nuisance arising out of violation of this ordinance.
Chapter 9 -7 LIQUOR LICENSE TAX
Section 9 -7 -1 Exemptions
This chapter is not applicable to wholesalers licensed under A.R.S.
§ 4 -209.
Section 9 -7 -2 Fees
Every person, firm, corporation or other entity applying for a spirituous
liquor license, under the provisions of A.R.S. § 4 -101 et seq., whether
it be for an original license or transfer of license, shall tender to the
town a fee of $50. The fee shall be tendered to the town contempora-
neous with the filing of an application for original license or transfer of
license to the Arizona State Department of Liquor Licenses and Con-
trol.
Chapter 9 -8 CABLE TELEVISION
Section 9 -8 -1 Intent
A. The town, pursuant to applicable federal and state law, is authorized
to grant one or more nonexclusive franchises to construct, operate,
MARANA TOWN CODE 9 -33
{00001471.DOC I}
Section 9 -6 -27 was added by Ordinance
No. 2000.10
Section 9 -6 -28 was added by Ordinance
No. 2000.10
Chapter 9 -8 was adopted by Ordinance
No. 2002.29. Ordinance No. 2005.22 re-
placed all occurrences of "grantor" in chap-
ter 9 -8 with "town. " For prior ordinance his-
tory, see Ordinance Nos. 87.09, 96.09
and 2000.06.
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maintain and reconstruct cable television systems within the town
limits.
B. The town council finds that the development of cable television sys-
tems has the potential of having great benefit and impact upon the
residents of Marana. Because of the complex and rapidly changing
technology associated with cable television, the town council further
finds that the public convenience, safety and general welfare can
best be served by establishing regulatory powers which should be
vested in the town or such persons as the town shall designate. It is
the intent of this chapter and subsequent amendments to provide
for and specify the means to attain the best possible cable televi-
sion service to the public and this finding shall be deemed to be in-
cluded as an integral part of any franchise issued pursuant to this
chapter.
Section 9 -8 -2 Definitions
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the following meanings:
A. "Basic cable service" means any service tier which includes the re-
transmission of local television broadcast signals.
B. "Cable Act" means the Cable Communications Policy Act of 1984,
47 U.S.C. §§ 521 -611 (1982 & Supp. V 1987), as amended by the
Cable Television Consumer Protection and Competition Act of
1992, Pub. L. No.102 -385, and as may, from time to time, be
amended.
C. "Cable service" means:
1. The one -way transmission to subscribers of video programming
or other programming service; and
2. Subscriber interaction, if any, which is required for the selection
or use of the video programming or other programming service.
D. "Cable television system," "system" or "cable system" means a facil-
ity, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed
to provide cable service which includes video programming and
which is provided to multiple subscribers within a community, but
the term does not include:
1. A facility that serves only to retransmit the television signals of
one or more television broadcast stations;
2. A facility that serves subscribers without using any public rights -
of -way;
3. A facility of a common carrier that is subject, in whole or in part,
to the provisions of 47 U.S.C. §§ 201 -226, except that those fa-
cility shall be considered a cable system to the extent that the fa-
cility whether on a common carrier basis or otherwise is used in
the transmission of video programming directly to subscribers; or
4. Any facilities of any electric utility used solely for operating its
electric utility system.
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9 -34
Ordinance No. 2005.22 rewrote the last sen-
tence of paragraph 8
Ordinance No. 2005.22 rewrote the introduc-
tory paragraph of section 9 -8 -2 to delete
repetitious rules of construction (see chap-
ter 1 -3) and stylistic rules inconsistent with
Ordinance No. 2005.22, and deleted repeti-
tious definitions (see section 1 -3 -2)
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E. "Channel" or "cable channel" means a portion of the electromag-
netic frequency spectrum that is used in a cable system and which
is capable of delivering a television channel as defined by the FCC.
F. "FCC" means the Federal Communications Commission, its desig-
nated representative or its lawful successor.
G. "Franchise" means atown- issued authorization to construct or op-
erate a cable system, whether designated as a franchise, permit, li- Ordinance No. 2005.22 rewrote paragraph G
cense, resolution, contract, certificate, agreement, or otherwise.
H. "Franchise agreement" means a franchise granted pursuant to this
chapter, containing the specific provisions of the franchise granted,
including references, specifications, requirements and other related
matters.
I. "Franchise fee" means any tax, fee or assessment of any kind im-
posed by the town or other governmental entity on a grantee or ca-
ble subscriber, or both, solely because of their status as such. The
term "franchise fee" does not include:
1. Any tax, fee, or assessment of general applicability (including any
tax, fee, or assessment imposed on both utilities and cable op-
erators or their services but not including a tax, fee, or assess-
ment which is unduly discriminatory against cable operators or
cable subscribers);
2. Capital costs that are required by the franchise agreement to be
incurred by the cable operator for public, educational, or Gov-
ernmental Access Facilities;
3. Requirements or charges incidental to the awarding or enforcing
of the franchise, including payments for bonds, security funds,
letters of credit, insurance, indemnification, penalties, or liqui-
dated damages; or
4. Any fee imposed under title 17 of the United States Code.
J. "Grantee" means any person receiving a franchise pursuant to this
chapter and its agents, employees, officers, designees, or any law-
ful successor, transferee or assignee.
K. "Gross annual revenues" means all revenues derived directly or in-
directly by the grantee or any person in which the grantee has a fi-
nancial interest from or in connection with the operation of the sys-
tem pursuant to a franchise granted under this chapter, except it
shall not include bad debt, sales tax or other taxes or charges im-
posed on grantee in addition to its franchise obligations and col-
lected for direct pass- through to state or federal government.
L. "Initial service area" means the area of the town that will receive ca-
ble service initially, as set forth in any franchise agreement.
M. "Installation" means the connection of the system to subscribers'
terminals, and the provision of cable service.
N. "Normal business hours" means those hours during which most
similar businesses in the community are open to serve customers.
In all cases, normal business hours must include some evening
hours at least one night per week and /or some weekend hours.
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O. "Normal operating conditions" means those service conditions that
are within the control of the grantee. Those conditions that are not
within the control of the grantee include, but are not limited to, natu-
ral disasters, civil disturbances, power outages, telephone network
outages, and severe or unusual weather conditions, and significant
legislative or regulatory requirements. Those conditions which are
ordinarily within the control of the grantee include, but are not lim-
ited to, special promotions, pay - per -view events, regular peak or
seasonal demand periods, and maintenance or upgrade of the sys-
tem.
P. "PEG access facilities" means public, educational or government
access facilities; that is:
1. Channel capacity designated for public, educational, or govern-
mental use; and
2. Facilities and equipment for the use of that channel capacity.
Q. "Service area" or "franchise area" means the entire geographic area
within the town as it is now constituted or may in the future be con-
stituted, unless otherwise specified in the franchise agreement.
R. "Service interruption" means the loss of picture or sound on one or
more cable channels affecting at least 10% of the town's subscrib-
ers on the system.
S. "Street" means each of the following that have been dedicated to
the public or are hereafter dedicated to the public and maintained
under public authority or by others and located within the town lim-
its: streets, roadways, highways, avenues, lanes, alleys, sidewalks,
easements, rights -of -way and similar public property and areas that
the town shall permit to be included within the definition of street
from time to time.
T. "Subscriber" means any person who or which lawfully elects to sub-
scribe to, for any purpose, cable service provided by the grantee by
means of or in connection with the cable system and who pays the
charges for it, except those persons or entities authorized to receive
cable service without charge as described in the franchise agree-
ment.
Section 9 -8 -3 Franchise to install and operate
A franchise granted by the town under the provisions of this chapter
shall encompass the following purposes:
A. To engage in the business of providing cable service, and such
other services as may be permitted by the franchise agreement.
B. To erect, install, construct, repair, rebuild, reconstruct, replace,
maintain, and retain cable lines, related electronic equipment, sup-
porting structures, appurtenances, and other property in connection
with the operation of a cable system in, on, over, under, upon, along
and across streets or other public places within the designated ser-
vice area.
C. To maintain and operate the franchise properties for the origination,
reception, transmission, amplification, and distribution of television
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and radio signals for the delivery of cable services and any other
services permitted by the franchise agreement.
D. To set forth the obligations of a grantee under the franchise agree-
ment.
Section 9 -8 -4 Franchise required
It shall be unlawful for any person to construct, install or operate a ca-
ble television system in the town within any street without a properly
granted franchise awarded pursuant to the provisions of this chapter.
Section 9 -8 -5 Term of the franchise
A. A franchise granted under this chapter shall be for a term estab-
lished in the franchise agreement, commencing with the town's
adoption of an ordinance or resolution authorizing the franchise.
B. A franchise granted under this chapter may be renewed upon appli-
cation by the grantee pursuant to the provisions of applicable state
and federal law and of this chapter.
Section 9 -8 -6 Franchise territory
Any franchise shall be valid within all the territorial limits of the town,
and within any area added to the town during the term of the franchise,
unless otherwise specified in the franchise agreement.
Section 9 -8 -7 Federal, state and town jurisdiction
A. This chapter shall be construed in a manner consistent with all ap-
plicable federal and state laws.
B. If the state or federal government discontinues preemption in any
area of cable communications over which it currently exercises ju-
risdiction so as to expand rather than limit municipal regulatory au-
thority, the town may, if it so elects, adopt rules and regulations in
these areas to the extent permitted by law.
C. This chapter shall apply to all franchises granted or renewed after
the effective date of this chapter. It shall further apply to the extent
permitted by applicable federal or state law to all existing franchises
granted prior to the effective date of this chapter.
D. Grantee's rights are subject to the police powers of the town to
adopt and enforce ordinances necessary to the health, safety and
welfare of the public. Grantee shall comply with all applicable gen-
eral laws and ordinances enacted by the town pursuant to that
power.
E. Grantee shall not be relieved of its obligation to comply with any of
the provisions of this chapter or any franchise granted pursuant to
this chapter by reason of any failure of the town to enforce prompt
compliance.
F. This chapter and any franchise granted pursuant to this chapter
shall be construed and enforced in accordance with the substantive
laws of the state.
Section 9 -8 -8 Franchise non - transferable
A. Grantee shall not sell, transfer, lease, assign, sublet or dispose of,
in whole or in part, either by forced or involuntary sale, or by ordi-
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nary sale, consolidation or otherwise, the franchise and /or cable
system or any of the rights or privileges granted by the franchise,
without the prior consent of the council which consent shall not be
unreasonably denied or delayed and shall be denied only upon a
good faith finding by the town that the proposed transferee lacks the
legal, technical or financial qualifications to perform its obligations
under the franchise agreement. Any attempt to sell, transfer, lease,
assign or otherwise dispose of the franchise and /or cable system
without the consent of the council shall be null and void. This provi-
sion shall not apply to sales of property or equipment in the normal
course of business. No consent from the town shall be required for
a transfer in trust, mortgage, or other instrument of hypothecation,
in whole or in part, to secure an indebtedness, or for a pro forma
transfer to a corporation, partnership or other entity controlling, con-
trolled by or under common control with grantee.
B. The following events shall be deemed to be a sale, assignment or
other transfer of the franchise and /or cable system requiring com-
pliance with this section:
1. The sale, assignment or other transfer of all or a majority of
grantee's assets;
2. The sale, assignment or other transfer of capital stock or partner-
ship, membership or other equity interests in grantee by one or
more of its existing shareholders, partners, members or other
equity owners so as to create a new controlling interest in
grantee;
3. The issuance of additional capital stock or partnership, member-
ship or other equity interest by grantee so as to create a new
controlling interest in grantee; and
4. The entry by the grantee into an agreement with respect to the
management or operation of the grantee and /or the system.
C. The term "controlling interest" as used in paragraphs B(2) and (3)
above means majority equity ownership of the grantee.
D. Except as provided below, no grantee may sell or otherwise transfer
ownership in a franchise and /or cable system, without the prior con-
sent of the council which consent shall not be unreasonable denied
or delayed and shall be denied only upon a good faith finding by the
town that the proposed transferee lacks the legal technical or finan-
cial qualifications to perform its obligations under the franchise
agreement following either the acquisition or initial construction of
the system by grantee. In the case of a sale of multiple systems, if
the terms of the sale require the buyer to subsequently transfer
ownership of one or more of the systems to one or more third par-
ties, the transfer shall be considered a part of the initial transaction.
No consent from the town shall be required for the following:
1. Any transfer of ownership interest in any franchise and /or cable
system which is not subject to federal income tax liability;
2. Any sale required by operation of any law or any act of any
agency, any state or political subdivision or the town; or
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Ordinance No. 2005.22 rewrote and desig-
nated this paragraph as "C" and re- numbered
the following paragraphs to conform
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3. Any sale, assignment, or transfer, to one or more purchasers,
assignees, or transferees controlled by, controlling, or under
common control with, the seller, assignor, or transferor.
E. In the case of any sale or transfer of ownership of any franchise
and /or cable system following acquisition of the system, the town
shall have 120 days to act upon any request for approval of the sale
or transfer that contains or is accompanied by information required
by FCC regulations, the requirements of this chapter and any other
reasonable information the town, in its sole discretion, requests. If
the town fails to render a final decision on the request within
120 days from receipt by the town of all required information, the
request shall be deemed granted unless the requesting party and
the town agree to an extension of time.
F. Grantee shall notify the town in writing of any foreclosure or any
other judicial sale of all or a substantial part of the franchise prop-
erty of the grantee or upon the termination of any lease or interest
covering all or a substantial part of the franchise property. The noti-
fication shall be considered by the town as notice that a change in
control of ownership of the franchise has taken place and the provi-
sions under this section governing the consent of the town to the
change in control of ownership shall apply.
G. For the purpose of determining whether it shall consent to the
change, transfer, or acquisition of control, the town may inquire into
the legal, financial, and technical qualifications of the prospective
transferee or controlling party, and grantee shall assist the town in
any such inquiry. The transferee shall be required to establish that it
possesses the legal, technical and financial qualifications to operate
and maintain the system and comply with all franchise requirements
for the remainder of the term of the franchise. If, after considering
the legal, financial, and technical qualities of the applicant and de-
termining that they are satisfactory, the town finds that the transfer
is acceptable, the town shall transfer and assign the rights and obli-
gations of the franchise. The consent of the town to the transfer
shall not be unreasonably denied.
H. Any financial institution having a pledge of the grantee or its assets
for the advancement of money for the construction and /or operation
of the franchise shall have the right to notify the town that it or its
designee satisfactory to the town shall take control of and operate
the cable television system, if a grantee defaults in its financial obli-
gations. The financial institution shall also submit a plan for the op-
eration within 30 days of assuming control that will insure continued
service and compliance with all franchise requirements during the
term the financial institution exercises control over the system. The
financial institution shall not exercise control over the system for a
period exceeding one year unless extended by the town in its dis-
cretion and during that period of time it shall have the right to peti-
tion the town to transfer the franchise to another grantee.
Section 9 -8 -9 Purchase by town upon expiration or revocation
A. If, subject to the provisions of the Cable Act, a renewal of a fran-
chise is denied, the town may purchase to the extent permitted by
Federal law and upon payment to the grantee of the cable systems'
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fair market value as a going concern, exclusive of any value allo-
cated to the franchise itself, that portion of grantee's cable system
serving the town.
B. Subject to the Cable Act, if a franchise is revoked for cause, the
town may, to the extent permitted by federal law, acquire that por-
tion of the cable system serving the town upon payment of an equi-
table price.
Section 9 -8 -10 Geographical coverage
A. Grantee shall design, construct and maintain the cable television
system to have the capability to pass every dwelling unit in the ser-
vice area, subject to any line extension requirements of the fran-
chise agreement.
B. After service has been established by activating trunk and /or distri-
bution cables for any part of the service area, grantee shall provide
cable service to any requesting subscriber within that service area
within 30 days from the date of request, provided that the grantee is
able to secure all rights -of -way necessary to extend service to that
subscriber within the 30 day period on reasonable terms and condi-
tions.
Section 9 -8 -11 Nonexclusive franchise
Any franchise granted shall be nonexclusive. The town specifically re-
serves the right to grant, at any time, any additional franchises for a
cable television system or any system component, as it deems appro-
priate, subject to applicable state and federal law, provided, however,
that no franchise shall be granted on terms materially less burdensome
or more favorable than any other franchise granted under this chapter.
Section 9 -8 -12 Multiple franchises
A. The town may grant one or more franchises for a service area. the
town may, in its sole discretion, limit the number of franchises
granted, based upon, but not necessarily limited to, the require-
ments of applicable law and specific local considerations; such as:
1. The capacity of the public rights -of -way to accommodate multiple
coaxial cables in addition to the cables, conduits and pipes of the
utility systems, such as electrical power, telephone, gas and
sewerage.
2. The impact on the community of having multiple franchises.
3. The disadvantages that may result from cable system competi-
tion, such as the requirement for multiple pedestals on residents'
property, and the disruption arising from numerous excavations
of the rights -of -way.
4. The financial capabilities of the applicant and its guaranteed
commitment to make necessary investment to erect, maintain
and operate the proposed system for the duration of the fran-
chise term.
B. Each grantee awarded a franchise to serve the entire town shall of-
fer service to all residences in the town, in accordance with con-
struction and service schedules mutually agreed upon between the
town and grantee, and consistent with applicable law.
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C. Developers of new residential housing with underground utilities
shall provide conduit to accommodate cables for at least two cable
systems in accordance with the provisions of section 9- 8- 19(D).
D. The town may require that any new grantee be responsible for its
own underground trenching and the costs associated therewith, if,
in the town's opinion, the rights -of -way in any particular area cannot
feasibly and reasonably accommodate additional cables.
E. Any additional franchise granted by the town to provide cable ser-
vice in a part of the town in which a franchise has already been
granted and where an existing grantee is providing service shall re-
quire the new grantee to provide service throughout its service area
within a reasonable time and in a sequence which does not dis-
criminate against lower income residents.
Section 9 -8 -13 Initial franchise applications
Any person desiring an initial franchise for a cable television system
shall file an application with the town. A reasonable nonrefundable ap-
plication fee established by the town shall accompany the application.
The application fee shall not be deemed to be "franchise fees" within
the meaning of section 622 of the Cable Act (47 U.S.C. § 542), and the
payments shall not be deemed to be (i) "payments in kind" or any in-
voluntary payments chargeable against the compensation to be paid to
the town by grantee pursuant to section 9 -8 -18 hereof and applicable
provisions of a franchise agreement, or (ii) part of the compensation to
be paid to the town by grantee pursuant to section 9 -8 -18 hereof and
applicable provisions of a franchise agreement.
An application for an initial franchise for a cable television system shall
contain, where applicable:
A. A statement as to the proposed franchise and initial service area.
B. Resume of prior history of applicant, including the legal, technical
and financial expertise of applicant in the cable television field.
C. List of the partners, general and limited, of the applicant, if a part-
nership, or the percentage of stock owned or controlled by each
shareholder, if a corporation.
D. List of officers, directors and managing employees of applicant, to-
gether with a description of each person's background.
E. The names and addresses of any parent or subsidiary of applicant
or any other business entity owning or controlling applicant in whole
or in part, or owned or controlled in whole or in part by applicant.
F. A current financial statement of applicant verified by a certified pub-
lic accountant audit or otherwise certified to be true, complete and
correct to the reasonable satisfaction of the town.
G. Proposed construction and service schedule.
H. Any additional information that the town deems applicable.
Section 9 -8 -14 Consideration of initial applications
A. Upon receipt of any application for an initial franchise, the town
manager shall prepare a report and make recommendations re-
specting the application to the town council.
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B. A public hearing shall be set prior to any initial franchise grant, at a
time and date approved by the council. Within 30 days after the
close of the hearing, the council shall make a decision based upon
the evidence received at the hearing as to whether or not the fran-
chise should be granted, and, if granted, subject to what conditions.
The council may grant one or more initial franchises, or may decline
to grant any franchise.
Section 9 -8 -15 Franchise renewal
Franchise renewals shall be in accordance with applicable law includ-
ing, but not necessarily limited to the Cable Act. The town and grantee,
by mutual consent, may enter into renewal negotiations at any time
during the term of the franchise.
Section 9 -8 -16 Consumer protection and service standards
Except as otherwise provided in the franchise agreement, grantee
shall maintain a local office or offices to provide the necessary facili-
ties, equipment and personnel to comply with the following consumer
protection standards under normal operating conditions:
A. cable system office hours and telephone availability:
1. Grantee will maintain a local, toll -free or collect call telephone ac-
cess line which will be available to its subscribers 24 hours a
day, seven days a week.
a. Trained grantee representatives will be available to respond to
customer telephone inquiries during normal business hours.
b. After normal business hours, the access line may be an-
swered by a service or an automated response system, in-
cluding an answering machine. Inquiries received after normal
business hours must be responded to by a trained grantee
representative on the next business day.
2. Under normal operating conditions, telephone answer time by a
customer representative, including wait time, shall not exceed
30 seconds when the connection is made. If the call needs to be
transferred, transfer time shall not exceed 30 seconds. These
standards shall be met no less then 90% of the time under nor-
mal operating conditions, measured on a quarterly basis.
3. The grantee will not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering
standards above unless an historical record of complaints indi-
cates a clear failure to comply.
4. Under normal operating conditions, the customer will receive a
busy signal less than 3% of the time.
5. Customer service center and bill payment locations will be open
at least during normal business hours and will be conveniently
located.
B. Installations, outages and service calls. Under normal operating
conditions, each of the following four standards will be met no less
than 95% of the time measured on a quarterly basis:
1. Standard installations will be performed within seven business
days after an order has been placed. Standard installations are
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those that are located up to 125 feet from the existing distribution
system.
2. Excluding conditions beyond the control of grantee, grantee will
begin working on Service interruptions promptly and in no event
later than 24 hours after the interruption becomes known. The
grantee must begin actions to correct other service problems the
next business day after notification of the service problem.
3. At the subscriber's request, the "appointment window" alterna-
tives for Installations, service calls, and other Installation activi-
ties will be within a two to four hour time block during normal
business hours. (The grantee may schedule service calls and
other Installation activities outside of normal business hours for
the express convenience of the customer.)
4. Grantee may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled
appointment.
5. If grantee's representative is running late for an appointment with
a customer and will not be able to keep the appointment as
scheduled, the customer will be contacted. The appointment will
be rescheduled, as necessary, at a time that is convenient for
the customer.
C. Communications between grantee and cable subscribers:
1. Notifications to subscribers:
a. The grantee shall provide written information on each of the
following areas at the time of Installation of service, at least
annually to all subscribers, and at any time upon request:
i. Products and services offered;
ii. Prices and options for programming services and condi-
tions of subscription to programming and other services;
iii. Installation and service maintenance policies;
iv. Instructions on how to use the cable service;
v. Channel positions for programming carried on the system;
and
vi. Billing and complaint procedures, including the address
and telephone number of the town's cable office.
b. Customers will be notified of any changes in rates, program-
ming services or channel positions as soon as possible
through announcements on the cable system and in writing.
Notice must be given to subscribers a minimum of 30 days in
advance of the changes if the change is within the control of
the grantee. In addition, the grantee shall notify subscribers
30 days in advance of any significant changes in the other in-
formation required by the preceding paragraph.
2. Billing:
a. Bills will be clear, concise and understandable. Bills must be
fully itemized, with itemizations including, but not limited to,
basic and premium service charges and equipment charges.
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Bills will also clearly delineate all activity during the billing pe-
riod, including optional charges, rebates and credits.
b. In case of a billing dispute, the grantee must respond to a writ-
ten complaint from a subscriber within 30 days.
3. Refunds: Refund checks will be issued promptly, but no later
than either:
a. The customer's next billing cycle following resolution of the re-
quest or 30 days, whichever is earlier, or
b. The return of the equipment supplied by the grantee if service
is terminated.
4. Credits: Credits for service will be issued no later than the cus-
tomer's next billing cycle following the determination that a credit
is warranted.
Section 9 -8 -17 Rate regulation
A. The town reserves the right to regulate rates for basic cable service
and any other services offered over the cable system, to the extent
permitted by federal or state law. The grantee shall be subject to
the rate regulation provisions provided for in this chapter, and those
of the FCC at 47 C.F.R., Part 76.900, subpart N. The town shall fol-
low the rules relating to cable rate regulation promulgated by the
FCC at 47 C.F.R., Part 76.900, subpart N.
B. Except to the extent otherwise expressly permitted by applicable
law, grantee shall provide cable service to each resident within the
service area at a uniform rate.
Section 9 -8 -18 Franchise fee
A. Following the issuance and acceptance of a franchise, the grantee
shall pay to the town a franchise fee in the amount set forth in the
franchise agreement.
B. The town, on an annual basis, shall be furnished a statement within
60 days of the close of the calendar year, certified by an officer of
the grantee or audited by a certified public accountant, reflecting the
total amounts of gross annual revenues and all payments, and
computations for the previous calendar year. Upon ten days prior
written notice, the town shall have the right to conduct an inde-
pendent audit of grantee's records, in accordance with generally
accepted accounting principles and if the audit indicates a franchise
fee underpayment of 10% or more, the grantee shall assume all
reasonable costs of the audit.
C. Except as otherwise provided by law, no acceptance of any pay-
ment by the town shall be construed as a release or as an accord
and satisfaction of any claim the town may have for further or addi-
tional sums payable as a franchise fee under this chapter or any
franchise agreement or for the performance of any other obligation
of the grantee.
D. If any franchise fee payment or recomputed amount is not made on
or before the dates specified in the franchise agreement, grantee
shall pay as additional compensation an interest charge, computed
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from the due date, at an annual rate equal to the prime lending rate
plus 1 1 /2% during the period for which payment was due.
E. Franchise fee payments shall be made in accordance with the
schedule indicated in the franchise agreement.
Section 9 -8 -19 Design and construction requirements
A. Grantee shall not construct any cable system facilities until grantee
has secured, at its own expense, all necessary permits, licenses or
other forms of approval or authorization from the town and other
cognizant public agencies.
B. Grantee shall construct, operate and maintain its transmission and
distribution facilities underground in those areas of the town where
. . . . . ... . ... .
transmission or distribution facilities of the public utilities providing
telephone and electric power service are underground.
C. In those areas of the town where grantee's cables are located on
the above - ground transmission or distribution facilities of the public
utility providing telephone or electric power service, and if the facili-
ties of both of those public utilities subsequently are placed under-
ground, then the grantee likewise shall construct, operate and main-
tain its transmission and distribution facilities underground, at
grantee's cost. Certain of grantee's equipment, such as pedestals,
amplifiers and power supplies, which normally are placed above
ground, may continue to remain in above - ground closures.
D. In new residential developments in which all the electric power and
telephone utilities are underground, the following procedure shall
apply with respect to access to and utilization of underground ease-
ments:
1. The developer shall be responsible for contacting and surveying
all franchised cable operators to ascertain which operators de-
sire (or, pursuant to the terms and provisions of this chapter and
any franchise agreement, may be required) to provide cable ser-
vice to that development. The developer may establish a rea-
sonable deadline to receive cable operator responses. The final
development map shall indicate the cable operators that have
agreed to serve the development.
2. If one or two cable operators wish to provide service, they shall
be accommodated in the joint utilities trench on a nondiscrimina-
tory shared basis. If fewer than two operators indicate interest,
the developer shall provide conduit to accommodate two sets of
cable television cables and dedicate to the town any initially un-
occupied conduit. The developer shall be entitled to recover from
the town the cost of the initially unoccupied conduit if the town
subsequently leases or sells occupancy or use rights to any
grantee.
3. The developer shall provide at least ten working days notice of
the date that utility trenches will be open to the cable operators
that have agreed to serve the development. When the trenches
are open, cable operators shall have two working days to begin
the Installation of their cables, and five working days after begin-
ning Installation to complete Installation.
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4. The final development map shall not be approved until the devel-
oper submits evidence that:
a. It has notified each grantee that underground utility trenches
are to open as of an estimated date, and that each grantee
will be allowed access to those trenches, including trenches
from proposed streets to individual homes or home sites, on
specified nondiscriminatory terms and conditions; and
b. It has received a written notification from each grantee that the
grantee intends to install its facilities during the open trench
period on the specified terms and conditions, or such other
terms and conditions as are mutually agreeable to the devel-
oper and grantee, or has received no reply from a grantee
within ten days after its notification to the grantee, in which
case the grantee will be deemed to have waived its opportu-
nity to install its facilities during the open trench period.
5. Sharing the joint utilities trench shall be subject to compliance
with state regulatory agency and utility standards. If compliance
is not possible, the developer shall provide a separate trench for
the cable television cables, with the entire cost shared among
the participating cable operators. With the concurrence of the
developer, the affected utilities and the cable operators, alterna-
tive Installation procedures, such as the use of deeper trenches,
may be utilized, subject to applicable law.
6. Any cable operator wishing to serve an area where the trenches
have been closed shall be responsible for its own trenching and
associated costs and shall repair all property to the condition
which existed prior to the trenching.
E. Grantee shall remove, replace or modify at its own expense the in-
stallation of any of its facilities within any street when required to do
so by the town to allow the town to change, maintain, repair, im-
prove or eliminate a street. Nothing in this section shall prevent
grantee from seeking and obtaining reimbursement from sources
other than the town.
F. At the request of any person holding a valid building moving permit
and upon sufficient notice, grantee shall temporarily raise or lower
its wires as necessary to facilitate the move upon not less than
72 hours advance notice. The direct expense of the temporary
changes, including standby time, shall be paid by the holder of the
moving permit and grantee may require payment in advance.
Section 9 -8 -20 Technical standards
A. The grantee shall construct, install, operate and maintain its system
in a manner consistent with all applicable laws, ordinances, con-
struction standards, governmental requirements, FCC technical
standards, and any standards set forth in its franchise agreement.
In addition, the grantee shall provide to the town, upon request, a
written report of the results of the grantee's periodic proof of per-
formance tests conducted pursuant to FCC standards and guide-
lines.
B. Repeated and verified failure to maintain specified technical stan-
dards shall constitute a material franchise violation.
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C. All construction practices shall be in accordance with all applicable
sections of the Occupational Safety and Health Act of 1970, as
amended, as well as all other applicable local, state and federal
laws and regulations.
D. All Installation of electronic equipment shall be installed in accor-
dance with the provisions of the National Electrical and Safety code
and National Electrical Code, as amended, and as may from time to
time be amended.
E. Antennae and their supporting structures (towers) shall be painted,
lighted, erected and maintained in accordance with all applicable
rules and regulations of the Federal Aviation Administration and all
other applicable local, state and federal laws and regulations.
F. All of grantee's plant and equipment, including, but not limited to,
the antenna site, headend and distribution system, towers, house
connections, structures, poles, wire, coaxial cable, fixtures and ap-
purtenances shall be installed, located, erected, constructed, re-
constructed, replaced, removed, repaired, maintained and operated
in accordance with good engineering practices, performed by ex-
perienced maintenance and construction personnel so as not to en-
danger or interfere with improvements that the town may deem ap-
propriate to make, or to interfere in any manner with the rights or
reasonable convenience of any property owner, or to unnecessarily
hinder or obstruct public use of the streets or pedestrian or vehicu-
lar traffic.
G. Grantee shall at all times employ ordinary care and shall install and
maintain in use commonly accepted methods and devices prevent-
ing failures and accidents which are likely to cause damage, injury
or nuisance to the public.
Section 9 -8 -21 Trimming of trees
Grantee shall have the authority to trim trees, in accordance with all
applicable utility restrictions, ordinance and easement restrictions,
upon and hanging over streets, alleys, sidewalks, and public places of
the town so as to prevent the branches of the trees from coming in
contact with the wires and cables of grantee. Town representatives
shall have authority to supervise and approve all trimming of trees con-
ducted by grantee.
Section 9 -8 -22 Use of grantee facilities
The town shall have the right to install and maintain, free of charge,
upon the poles and within the underground pipes and unused conduits,
any wires and fixtures desired by the town to the extent that the instal-
lation and maintenance does not interfere with existing operations and
future use of grantee.
Section 9 -8 -23 Hold harmless
A. Grantee, under any franchise operated pursuant to this chapter,
shall agree to indemnify, hold harmless, release and defend the
town, its officers, boards, commissions, agents and employees from
and against any and all lawsuits, claims, causes of action, actions,
liability, demands, damages, disability, losses, expenses, including
reasonable attorneys' fees and costs or liabilities of any nature that
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may be asserted by any person resulting or in any manner arising
from the action or inaction of the grantee in constructing, operating,
maintaining, repairing or removing the system, in carrying on
grantee's business or operations in the town or in exercising or fail-
ing to exercise any right or privilege granted by the franchise. This
indemnity shall apply, without limitation, to any action or cause of
action for invasion of privacy, defamation, antitrust, errors and
omissions, theft, fire, violation or infringement of any copyright,
trademark, trade names, service mark or patent, or any other right
of any person, firm or corporation, whether or not any act or omis-
sion complained of is authorized, allowed or prohibited by this chap-
ter or any franchise agreement, but shall not include any claim or
action arising out of the actions or omissions of town officers, em-
ployees or agents or related to any town programming or other PEG
access facilities programming for which the grantee is not legally
responsible.
B. The town shall promptly notify grantee of any claims subject to in-
demnification by grantee and shall cooperate with all reasonable
requests by grantee for information, documents, testimony or other
assistance appropriate to a resolution of the claims. Grantee shall
have full responsibility for and control of any action or undertaking
directed at the resolution of the claims.
Section 9 -8 -24 Insurance
Grantee shall provide insurance as specified in the franchise agree-
ment.
Section 9 -8 -25 Records required and the town's right to inspect
A. Grantee shall at all times maintain:
1. A full and complete set of plans, records and "as- built" maps
showing the location of the cable television system installed or in
use in the town, exclusive of subscriber service drops and
equipment provided in subscribers' homes.
2. If requested by the town, a summary of service calls, identifying
the number, general nature and disposition of the calls, on a
monthly basis. A summary of service calls shall be submitted to
the town within 30 days following its request in a form reasonably
acceptable to the town.
B. Upon 48 hours written notice, and during normal business hours,
grantee shall permit examination by any duly authorized represen-
tative of the town, of all franchise property and facilities, together
with any appurtenant property and facilities of grantee situated
within the town, and all records relating to the franchise, provided
they are necessary to enable the town to carry out its regulatory re-
sponsibilities under local, state and federal law, this chapter and the
franchise agreement. Records include all books, records, maps,
plans, financial statements, service complaint logs, performance
test results, records of request for service, and other like materials
of grantee. Grantee shall have the right to be present at the exami-
nation.
C. If any of the records described in the previous subsection are pro-
prietary in nature or must be kept confidential by state, federal or
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local law, upon proper request by grantee, the information obtained
during the inspection shall be treated as confidential. To the extent
that any state or federal law requires the town to disclose the re-
cords, the town shall be entitled to disclose those records.
D. Copies of all petitions, applications, communications and reports
submitted by grantee, or on behalf of or relating to grantee, to the
FCC, Securities and Exchange Commission, or any other federal or
state regulatory commission or agency having jurisdiction with re-
spect to any matters affecting the cable system authorized pursuant
to this chapter and any franchise shall be made available to the
town upon request. Copies of responses from the regulatory agen-
cies to grantee shall likewise be furnished to the town upon request.
Section 9 -8 -26 Annual reports
A. Grantee shall submit a written end of the year report to the town
with respect to the preceding calendar year containing the following
information
1. A summary of the previous year's (or in the case of the initial re-
porting year, the initial year's) activities in development of the
cable system, including but not limited to, services begun or dis-
continued during the reporting year.
2. A list of grantee's officers, members of its board of directors, and
other principals of grantee.
3. A list of stockholders or other equity investors holding 5% or
more of the voting interest in grantee.
4. Information as to the number of subscribers and the number of
basic and pay service subscribers.
5. The town, including its agents and representatives, shall have the
authority, during normal business hours, to arrange for and con-
duct an inspection of annual reports required pursuant to this
chapter or a franchise agreement. The town shall give the
grantee 72 hours written notice of the inspection request.
6. If the requested information is proprietary in nature or must be
kept confidential by state, federal or local law, upon proper re-
quest by grantee, the information obtained during the inspection
shall be treated as confidential. To the extent that any state or
federal law requires the town to disclose the records, the town
shall be entitled to disclose those records.
B. All reports and records required under this chapter shall be fur-
nished at the sole expense of grantee, except as otherwise pro-
vided in this chapter or the franchise agreement.
Section 9 -8 -27 Franchise violation
If grantee fails to perform in a timely manner any material obligation
required by this chapter or a franchise granted under this chapter, fol-
lowing notice from the town and an opportunity to cure the nonper-
formance, the town may act to remedy the violation in accordance with
the following procedures:
A. The town shall notify grantee of any alleged material violation in
writing by personal delivery or registered or certified mail, and de-
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mand correction within a reasonable time, which shall not be less
than ten business days in the case of the failure of the grantee to
pay any sum or other amount due the town under this chapter or
the grantee's franchise and 30 days in all other cases.
B. If grantee fails either to correct the violation within the time pre-
scribed or to commence correction of the violation within the time
prescribed and to diligently pursue correction of the violation, the
town shall then give written notice of not less than 20 business days
of a public hearing to be held before the council. The notice shall
specify the violations alleged to have occurred.
C. At the public hearing, the council shall hear and consider relevant
evidence and thereafter render findings and its decision. If the
council finds that a material violation exists and that grantee has not
corrected it in a satisfactory manner or has not diligently com-
menced correction of it after notice from the town and is not dili-
gently proceeding to fully remedy the violation, the council may re-
voke the franchise or impose another penalty permitted by the fran-
chise agreement.
D. The town shall give written notice to the grantee of its intent to re-
voke the franchise on the basis of a pattern of noncompliance by
the grantee, including one or more instances of substantial non-
compliance with a material provision of the franchise. The notice
shall set forth with specificity the exact nature of the noncompli-
ance. The grantee shall have 60 days from the receipt of the notice
to object in writing and to state its reasons for the objection. If the
town has not received a satisfactory response from the grantee, it
may then seek termination of the franchise at a public hearing. The
town shall cause to be served upon the grantee, at least ten days
prior to the public hearing, a written notice specifying the time and
place of the hearing and stating its intent to request termination of
the franchise.
E. At the hearing, the town shall give the grantee an opportunity to
state its position on the matter, present evidence and question wit-
nesses, after which it shall determine whether or not the franchise
shall be revoked. The public hearing shall be on the record and a
written transcript shall be made available to the grantee within ten
business days. The decision of the town shall be in writing and shall
be delivered to the grantee. The grantee may appeal the determina-
tion to an appropriate court, which shall have the power to review
the decision of the town and to modify or reverse the decision as
justice may require. An appeal to the appropriate court must be
taken within 60 days of the issuance of the determination of the
town.
Section 9 -8 -28 Force majeure: grantee's inability to perform
If grantee's performance of any of the terms, conditions or obligations
required by this chapter or a franchise grant under this chapter is pre-
vented by a cause or event not within grantee's control, the inability to
perform shall be deemed excused and no penalties or sanctions shall
be imposed as a result of it. For the purpose of this section, causes or
events not within the control of grantee shall include without limitation
acts of God, strikes, sabotage, riots or civil disturbances, restraints im-
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posed by order of a governmental agency or court, failure or loss of
utilities, explosion, acts of public enemies, and natural disasters such
as floods, earthquakes, landslides, and fires.
Section 9 -8 -29 Abandonment or removal of franchise property
A. If the use of any property of grantee within the franchise area or a
portion of it is discontinued for a continuous period of 12 months,
grantee shall be deemed to have abandoned that franchise prop-
erty.
B. The town, upon whatever terms the town may impose, may give
grantee permission to abandon, without removing, any system facil-
ity or equipment laid, directly constructed, operated or maintained
under the franchise. Unless permission is granted or unless other-
wise provided in this chapter, the grantee shall remove all aban-
doned above - ground facilities and equipment upon receipt of written
notice from the town and shall restore any affected street to its for-
mer state at the time the facilities and equipment were installed, so
as not to impair its usefulness. In removing its plant, structures and
equipment, grantee shall refill, at its own expense, any excavation
that shall be made by it and shall leave all public ways and places
in as good condition as that prevailing prior to the removal without
materially interfering with any electrical or telephone cable or other
utility wires, poles or attachments. The town shall have the right to
inspect and approve the condition of the public ways, public places,
cables, wires, attachments and poles prior to and after removal.
The liability, indemnity and insurance provisions of this chapter and
any security fund provided in the franchise shall continue in full
force and effect during the period of removal and until full compli-
ance by grantee with the terms and conditions of this section.
C. Upon abandonment of any franchise property in place, the grantee,
if required by the town, shall submit to the town an instrument, sat-
isfactory in form to the town, transferring to the town the ownership
of the franchise property abandoned.
D. At the expiration of the term for which the franchise is granted, or
upon its revocation or earlier expiration, as provided for in this chap-
ter, in any such case without renewal, extension or transfer, the
town shall have the right to require grantee to remove, at its own
expense, all above - ground portions of the cable television system
from all streets and public ways within the town within a reasonable
period of time, which shall not be less than 180 days.
F. Notwithstanding anything to the contrary set forth in this chapter, the
grantee may abandon any underground franchise property in place
so long as it does not materially interfere with the use of the street
or public rights -of -way in which the property is located or with the
use of it by any public utility or other cable grantee.
Section 9 -8 -30 Extended operation and continuity of services
Upon either expiration or revocation of the franchise, the town shall
have discretion to permit and /or require grantee to continue to operate
the cable television system for an extended period of time not to ex-
ceed six months from the date of the expiration or revocation. Grantee
shall continue to operate the system under the terms and conditions of
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this chapter and the franchise and to provide the regular subscriber
service and any and all of the services that may be provided at that
time.
Section 9 -8 -31 Receivership and foreclosure
A. A franchise granted under this chapter shall, at the option of the
town, cease and terminate 120 days after appointment of a receiver
or receivers, or trustee or trustees, to take over and conduct the
business of grantee, whether in a receivership, reorganization,
bankruptcy or other action or proceeding, unless the receivership or
trusteeship shall have been vacated prior to the expiration of that
120 days, or unless:
1. The receivers or trustees shall have, within 120 days after their
election or appointment, fully complied with all the terms and
provisions of this chapter and the franchise granted pursuant
hereto, and the receivership or trustees within that 120 days
shall have remedied all the faults under the franchise or provided
a plan for the remedy of the faults which is satisfactory to the
town; and
2. The receivers or trustees shall, within those 120 days, execute
an agreement duly approved by the court having jurisdiction in
the premises, in which the receivers or trustees assume and
agree to be bound by each and every term, provision and limita-
tion of the franchise granted.
B. In the case of a foreclosure or other judicial sale of the franchise
property, or any material part of it, the town may serve notice of ter-
mination upon grantee and the successful bidder at the sale, in
which event the franchise granted and all rights and privileges of
the grantee under this chapter shall cease and terminate 30 days
after service of the notice, unless:
1. The town shall have approved the transfer of the franchise, as
and in the manner that this chapter provides; and
2. The successful bidder shall have covenanted and agreed with
the town to assume and be bound by all terms and conditions of
the franchise.
Section 9 -8 -32 Rights reserved to the town
A. In addition to any rights specifically reserved to the town by this
chapter, the town reserves to itself every right and power which is
required to be reserved by a provision of any ordinance or under
the franchise.
B. The town shall have the right to waive any provision of the fran-
chise, except those required by federal or state regulation, if the
town determines (1) that it is in the public interest to do so, and
(2) that the enforcement of the provision will impose an undue hard-
ship on the grantee or the subscribers. To be effective, the waiver
shall be evidenced by a statement in writing signed by a duly au-
thorized representative of the town. Waiver of any provision in one
instance shall not be deemed a waiver of that provision subsequent
to that instance or be deemed a waiver of any other provision of the
franchise unless the statement so recites.
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Section 9 -8 -33 Rights of individuals
A. Grantee shall not deny service, deny access, or otherwise discrimi-
nate against subscribers, channel users, or general citizens on the
basis of race, color, religion, national origin, age, disability, gender
or sexual preference. Nor shall grantee fail to extend service to any
part of the town within its licensed service area on the basis of the
income of the residents. Grantee shall comply at all times with all
other applicable federal, state and local laws and regulations, relat-
ing to nondiscrimination.
B. Grantee shall adhere to the applicable equal employment opportu-
nity requirements of federal, state and local regulations.
C. Neither grantee, nor any person, agency, or entity shall, without the
subscriber's consent, tap or arrange for the tapping, of any cable,
line, signal input device, or subscriber outlet or receiver for any pur-
pose except routine maintenance of the system, detection of unau-
thorized service, polling with audience participating, or audience
viewing surveys to support advertising research regarding viewers
where individual viewing behavior cannot be identified.
D. In the conduct of providing its services or in pursuit of any collateral
commercial enterprise resulting from it, grantee shall take reason-
able steps to prevent the invasion of a subscriber's or general citi-
zen's right of privacy or other personal rights through the use of the
system as those rights are delineated or defined by applicable law.
Grantee shall not, without lawful court order or other applicable
valid legal authority, utilize the system's interactive two -way equip-
ment or capability for unauthorized personal surveillance of any
subscriber or general citizen.
E. No cable line, wire amplifier, converter, or other piece of equipment
owned by grantee shall be installed by grantee in the subscriber's
premises, other than in appropriate easements, without first secur-
ing any required consent. If a subscriber requests service, permis-
sion to install upon subscriber's property shall be presumed. Where
a property owner or his predecessor has granted an easement in-
cluding a public utility easement or a servitude to another and the
servitude by its terms contemplates a use such as grantee's in-
tended use, grantee shall not be required to obtain the written per-
mission of the owner for the Installation of cable television equip-
ment.
Section 9 -8 -34 Conflicts
If there is a conflict between any provision of this chapter and a fran-
chise agreement entered pursuant to it, the provisions of this chapter
shall control, except as may be specifically otherwise provided in the
franchise agreement.
Section 9 -8 -35 Severability
If any provision of this chapter is held by any court or by any federal or
state agency of competent jurisdiction to be invalid as conflicting with
any federal or state law, rule or regulation now or hereafter in effect, or
is held by the court or agency to be modified in any way to conform to
the requirements of any law, rule or regulation, the provision shall be
considered a separate, distinct, and independent part of this chapter,
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and the holding shall not affect the validity and enforceability of all
other provisions hereof. If the law, rule or regulation is subsequently
repealed, rescinded, amended or otherwise changed, so that the pro-
vision hereof which had been held invalid or modified is no longer in
conflict with the law, rule or regulation, that provision shall return to full
force and effect and shall thereafter be binding on the town and
grantee, provided that the town shall give grantee 30 days written no-
tice of the change before requiring compliance with the provision or
such longer period of time as may be reasonably required for grantee
to comply with the provision.
Chapter 9-9 PENALTY Chapter 9 -9 was added by Ordinance
Section 9 -9 -1 Penalties generally, miscellaneous provisions No. 2000.06
A. Each day that a violation continues shall be considered a separate
offense.
B. A person may be found guilty of violating section 9 -5 -6 regardless of
the person's knowledge of the violation.
Section 9 -9 -2 Civil violation
Except as provided elsewhere in this chapter, any violation of this title
shall be a civil infraction and punishable by a fine of not less than
$250.
Section 9 -9 -3 Criminal violation
A. The failure of any person firm corporation or other entity to comply
with the provisions of section 9- 1 -3(B) and to pay any and all fees
when due shall be a class 1 misdemeanor which shall be assessed
against the owner or operator of a firm or corporation if a firm or
corporation is in violation of that subsection.
B. Any person violating a provision of chapter 9 -4 or chapter 9 -5 is
guilty of a class 1 misdemeanor.
C. A person who knowingly conducts, maintains, owns, manages
and /or operates any qualified establishment as defined in chap-
ter 9 -5 where any person is in violation of any provision of chap-
ter 9 -5 is guilty of a class 1 misdemeanor.
Chapter 9 -10 SURFACE MINING AND LAND RECLAMATION Chapter 9 -10 was added by Ordinance
Section 9 -10 -1 Purpose and intent No. 2002.08
It is the purpose and intent of this chapter to establish an effective and
comprehensive surface mining and reclamation policy including regula-
tion of surface mining operations so as to assure that:
A. Adverse environmental effects are prevented or minimized and that
mined lands are reclaimed in a timely manner, to a usable condition
which is readily adapted for alternative land use.
B. The production and conservation of minerals are encouraged, while
giving consideration to values relating to recreation, watershed,
wildlife, range and forage, and aesthetic enjoyment.
C. Residual hazards to public health and safety are eliminated.
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Section 9 -10 -2 Definitions
For the purposes of this chapter the following definitions shall apply:
A. "Financial assurance amount" means that amount of money neces-
sary to conduct a complete reclamation on the mined lands in ac-
cordance with the approved reclamation plan, plus a reasonable es-
timate of the administrative costs and expenses which would be in-
curred by the town.
B. "Financial assurance" means a bond, instrument, fund or other form
of financial assurance acceptable to the town.
C. "Government mine" means any surface mine owned and operated
by federal, state or local governmental entity.
D. "Idle" means to curtail for a period of one year or more surface min-
ing operations by more than 90% of the operation's previous maxi-
mum annual mineral production, with the intent to resume those
surface mining operations at a future date.
E. "Interim management plan" is the plan which the operator of an idle
mine shall submit and gain approval for, to assure that the site shall
be maintained in compliance with the approved reclamation plan,
use permit, and applicable conditions, until the mine operation is re-
sumed or the mine is fully reclaimed in accordance with the ap-
proved reclamation plan.
F. "Mined lands" includes the surface, subsurface, and groundwater of
an area in which surface mining operations will be, are being, or
have been conducted, including private ways and roads appurte-
nant to any such area, land excavations, workings, mining waste,
and areas in which structures, facilities, equipment, machines,
tools, or other materials or property which result from, or are used
in, surface mining operations are located.
G. "Minerals" means any naturally occurring compound, or groups of
elements and compounds, formed from inorganic processes and
organic substances, including, but not limited to sand, gravel and
rock.
H. "Mining waste" includes the residual of soil, rock, mineral, liquid,
vegetation, equipment, machines, tools, or other materials or prop-
erty directly resulting from, or displaced by, surface mining opera-
tions, excluding stockpiles as defined in this section.
I. "Operator" means any person who is engaged in surface mining op-
erations himself, or who contracts with others to conduct operations
on his behalf, except a person who is engaged in surface mining
operations as an employee with wages as his sole compensation.
J. "Overburden" means soil, rock, or other materials that lie above a
natural mineral deposit or in between deposits, before or after their
removal by surface mining operations.
K. "Pledge of revenue" means a financial assurance mechanism by
which a governmental entity proposes to make specific, identified
future revenue available to perform reclamation pursuant to the ap-
proved reclamation plan.
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L. "Reclamation" means the combined process of land treatment that
minimizes water degradation, air pollution, damage to aquatic or
wildlife habitat, flooding, erosion, or other adverse effects from min-
ing operations, including adverse surface effects incidental to un-
derground mines, so that mined lands are reclaimed to a usable
condition which is readily adaptable for alternate land use and cre-
ates no danger to public health or safety. The process may extend
to affected lands surrounding mined lands, and may require backfill-
ing, grading, resoiling, revegetation, soil compaction, stabilization,
restoration of water bodies, and slope stability or other measures.
M. "Reclamation plan" means the plan required by the town pursuant
to this chapter and adopted in accordance therewith and should in-
clude beginning and estimated ending dates for each phase, all rec-
lamation activities required, criteria for measuring completion of ac-
tivities and estimated costs for each phase of reclamation.
N. "Sand and gravel operation" means any operation the principal
product of which is sand, gravel, pumice or any other common vari-
ety of mineral.
O. "Stockpile" means a volume of stored mined material which is re-
sidual or secondary material extracted during a surface mining op-
eration and which has a demonstrated future economic value suffi-
cient to warrant its protection and preservation.
P. "Surface mining operations" means all, or part of, the process in-
volved in the mining of minerals on mined lands by removing over-
burden and mining directly from the mineral deposits, open -pit min-
ing of minerals naturally exposed, mining by auger methods, dredg-
ing, and quarrying. Surface mining operations include, but are not
limited to:
1. In place distillation, retorting or leaching.
2. The producing and disposal of mining wastes.
3. Prospecting and exploratory activities.
4. Borrow pitting, streambed skimming, segregation and stockpiling
of mined materials (and recovery of same).
Section 9 -10 -3 Scope
A. The provisions of this chapter shall apply to all the incorporated ar-
eas of the town.
B. The provisions of this chapter are not applicable to:
1. Excavation or grading for farming, onsite construction, or restora-
tion of land following a flood or natural disaster or other activities
separately regulated by town ordinances.
2. Reclamation of lands mined prior to February 5, 2002, unless
subject to approved development agreements and zoning condi-
tions enacted or agreed to after February 5, 2002.
3. Surface mining operations that are required by federal law to pro-
tect a mining claim, if those operations are conducted solely for
that purpose.
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Title 9. Business Regulations ()
4. Prospecting for, or the extraction of, minerals for commercial pur-
pose and the removal of overburden in total amounts of less than
one thousand cubic yards in any one location of one acre or less.
Section 9 -10 -4 Reclamation plan requirements
A. Any person who proposes to engage in a surface mining activity
shall, prior to the commencement of the operations, obtain approval
of a permit to mine, submit a reclamation plan, and have financial
assurances in place sufficient to implement the approved plan. Ap-
proval to mine and approval of the reclamation plan, in accordance
with the provisions set forth in this chapter, shall be obtained from
the Marana development services director.
B. The reclamation plan shall be applicable to a specific piece of prop-
erty or properties, shall be based upon the character of the sur-
rounding area and such characteristics of the property as type of
overburden, soil stability, topography, geology, climate, stream
characteristics, and principal mineral commodities, and shall estab-
lish site - specific criteria for evaluating compliance with the approved
reclamation plan, including topography, revegetation, sediment and
erosion control, and current and proposed zoning. The reclamation
plan shall include a certification by the operator that all public agen-
cies having possible jurisdiction over the surface mining activity, in-
cluding but not limited to county, state and federal agencies, have
reviewed and approved the plan, and that all necessary permits
have been obtained.
C. Reclamation plans issued pursuant to this chapter shall be recorded
with the county recorder and shall run with the land affected thereby
and shall be binding on all successors, heirs, and assigns of the
permittee.
D. Applicants having a surface mining operation that involves sepa-
rate, noncontiguous parcels of land may file one reclamation plan
for the entire operation covering each parcel of land, provided that
the type of operation is the same on each parcel of land and each
parcel of land is identified in the reclamation plan. A separate phas-
ing schedule shall be required for each parcel.
Section 9 -10 -5 Application
All applications for a reclamation plan for any mining operation shall be
made on forms provided by town development services department.
The application shall be filed in accordance with this chapter and pro-
cedures established by the town.
Section 9 -10 -6 Fees
A. The fees for a reclamation plan, amendment to reclamation plan,
and interim management plan shall be as the same as those set
forth in the town fee schedule for development plans, and shall be
paid to the development services department at the time of filing of
the reclamation plan amendment to reclamation plan, or interim
management plan.
B. A business license fee shall be paid the town for inspections and
monitoring of a surface mine as set forth in section 9 -1 -3 of the Ma-
rana town code.
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Section 9 -10 -7 Financial assurances
A. To ensure that reclamation will proceed in accordance with the ap-
proved reclamation plan, the town shall require as a condition of
approval financial assurances.
B. Financial assurances may take the form of surety bonds, irrevoca-
ble letters of credit, trust funds or other mechanisms acceptable to
the town.
C. Public Agencies may satisfy financial assurance requirements by
using "Pledges of Revenue" or "Budget Set Aside" as acceptable fi-
nancial assurances mechanisms.
D. The financial assurances shall remain in effect for the duration of
the surface mining operation and any additional period until recla-
mation is completed.
E. The amount of the financial assurances shall be calculated by the
applicant based on the projected expense to complete the reclama- Ordinance No. 2005.22 inserted "town engi-
tion for the intended future use as approved b the t Weer" for "development services director" in
pp rove y own engineer. paragraph E
Approval of the amount of financial assurances will be subject to the
review and approval of the town engineer.
F. The amount of financial assurances required of a surface mining
operation for any one year shall be adjusted annually to account for
new lands disturbed by surface mining operations, inflation, and
reclamation of lands accomplished in accordance with the approved
reclamation plan.
G. The financial assurances shall be made payable to the town. How-
ever, if a surface mining operation has received approval of its fi-
nancial assurances from a public agency other than the town, the
town shall review those financial assurances to ascertain whether
they are adequate for purposes of this section, or shall credit them
toward fulfillment of the financial assurances required by this sec-
tion, if they are made payable to the town.
H. If a sand and gravel surface mining operation is sold or ownership is
transferred to another person, the existing financial assurances
shall remain in force and shall not be released by the town until new
financial assurances are secured from the new owner and have
been approved by the town.
I. The release of financial assurances shall be with the concurrence of
all agencies named on the financial assurance. The criteria for re-
lease of financial assurances, or part of the financial assurances,
shall be made part of the reclamation plan. In no case shall the fi-
nancial assurance be released until reclamation has been com-
pleted.
J. The amount of financial assurances shall be reviewed and adjusted,
if required, pursuant to section 9- 10 -10.
Section 9 -10 -8 Public records
Reclamation plans, reports, applications and other documents submit-
ted pursuant to this chapter are public records unless it can be demon-
strated to the satisfaction of the town that the release of the informa-
tion, or any part of it, would reveal production, reserves, or rate of de-
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pletion entitled to protection as proprietary information and is not re-
quired by law. The town shall identify the proprietary information as a
separate part of each application. Proprietary Information shall be
made available to persons other than the mine operator or mine owner
only when authorized by law or by the mine operator and by the mine
owner.
Section 9 -10 -9 Procedures
Once all required and approved documents and other related materials
Ordinance No. 2005.22 inserted "town engi-
"development
and requirements are submitted and approved as required under this
neer" for
services director" in section 9 -10 -9
chapter, including the submittal of the financial assurances in the
amount approved by the town engineer, the town engineer shall expe-
ditiously issue approval to commence operation of the approved sur-
face mining operation and reclamation plan.
Section 9 -10 -10 Periodic review and inspections
A. The town shall monitor and inspect each surface mining operation
on a regular basis.
B. The required financial assurances shall be reviewed annually by the
town. Financial assurances shall be adjusted to account for new
lands disturbed by surface mining operations, inflation, reclamation
of lands accomplished in accordance with the approved reclamation
plan, or other factors related to the cost of reclamation which have
changed since the previous review.
C. At the time of the annual inspection, the mine operator shall make
available to the town an updated reclamation cost estimate pre-
pared by the operator.
D. The person in charge of the surface mining operation shall make
the surface mining operation open and available for monitoring and
inspection during regular town and operator business hours or at
such other times as may be mutually agreed upon by him or her
and the development services department. The provisions of this
subsection shall be deemed to be a condition of the reclamation
plan.
E. The development services department shall make a report of the
"town
results of the inspection. This report shall be filed with the town en-
Ordinance No. 2005.22 inserted en i-
g
neer" for "development services director" in
gineer.
paragraph E
Section 9 -10 -11 Idle mine — interim management plans
Within 90 days of a surface mining operation becoming idle, the opera-
Ordinance No. 2005.22 inserted "town engi-
tor shall submit an interim management plan. The interim management
neer" for "development services director" in
plan shall be developed in accordance with this chapter. Interim man-
section 9 -10 -11
agement plans shall be sent to the town engineer for review in the
same manner as amendments to reclamation plans. Financial assur-
ances as required shall remain in effect during the period that the sur-
face mining operation is idle.
Section 9 -10 -12 Amendments to plan
Amendments to an approved reclamation plan may be submitted de-
tailing proposed changes from the original plan. Substantial deviations
from the original plan shall not be undertaken until the amendment has
been filed and approved, in the same manner as established in this
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chapter for original application. The foregoing notwithstanding, in
emergency situations where irreversible physical damage to the envi-
ronment may occur, an operator may take whatever action is neces-
sary to prevent irreversible physical damage and shall promptly report
the taking of the action to the development services department. Appli-
cations for an amendment are subject to the fee in accordance with
section 9 -10 -6.
Section 9 -10 -13 Enforcement
A. Where it appears to the development services department that a
surface mining operation is in violation of any condition of an ap-
proved reclamation plan or applicable statute, regulation, or ordi-
nance, the development services department shall serve formal no-
tice to the operator stating the nature of the violation and the speci-
fied time frame to correct the violation before an order is issued.
B. The time within which the permittee must commence correction of
the violation shall be sooner than 60 days from the notice of viola-
tion.
C. An order shall be issued if the operator fails to comply with the no-
tice within the specified time limit. Not sooner than 30 days after the
Ordinance No. 2005.22 inserted "town engi-
Weer" for "development services director" in
date of the order, a hearing hall be held b the town e or
g y g
paragraph C
his or her designee, for which at least ten days' written notice has
been given to the operator. The order shall not take effect until the
operator has been provided the hearing. The date of issuance of
the order is the date of receipt by the operator.
D. Failure to comply with the order shall be subject to an order setting
administrative penalties. Penalties shall be assessed from date of
original non - compliance.
E. In determining the amount of administrative penalty, the town shall
take into consideration the nature, circumstances, extent, and grav-
ity of the violation or violations, any prior history of violations, the
degree of culpability, economic savings, if any, resulting from the
violation, and any other matters justice may require.
F. Orders setting administrative penalties shall become effective upon
issuance and payment shall be made to the development services
department, unless the operator files an appeal with the town man-
ager within 30 days. The town manager shall notify the operator by
personal service or certified mail whether it will review the order set-
ting administrative penalties. If after hearing, the town manager af-
firms the order, the operator shall pay the administrative penalties
set by the town manager's order within 30 days of the service of
that order.
G. The provisions of this chapter shall be enforced by the town engi-
Ordinance No. 2005.22 inserted "town engi-
manager, town manager, or a designated
neer, the assistant town mans g g g
neer" for "development services director" in
appointee.
paragraph G
H. Notwithstanding the foregoing, a violation of this chapter may be
enforced by the town by the use of any legal or equitable remedy
the town may have.
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Title 9. Business Regulations
Section 9 -10 -14 Application fees
No application shall be accepted unless it is in full compliance with all
requirements of this chapter, and accompanied by the fee specified in
section 9 -10 -6. No part of any required fee shall be returnable, and
every such fee shall be deposited with the town.
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Title 10
Health and Sanitation
CHAPTER 10 -1
CHAPTER 10 -2
CHAPTER 10 -3
CHAPTER 10 -4
CHAPTER 10 -5
CHAPTER 10 -6
DUMPING & TRANSPORTATION OF GARBAGE OR AGGREGATE .................1
REMOVAL OF LITTER ............................................................. ..............................3
SEWAGESLUDGE .................................................................. ..............................5
TRAVEL REDUCTION CODE .................................................. ..............................6
FIREWORKS PERMITS .......................................................... .............................12
PENALTIES ............................................................................. .............................13
{00001471. DOC I}
Title 10. Health and Sanitation no
TITLE 10. HEALTH AND SANITATION
Title 10 was adopted by Ordinance No. 96.15
Chapter 10 -1 DUMPING & TRANSPORTATION OF GARBAGE OR
AGGREGATE
Section 10 -1 -1 Definitions
Section 10 -1 -1 was adopted by Ordinance
A. "Aggregate material" means any rock fragments, pebbles, sand,
No. 2002.06. See Ordinance No. 96.15 for prior text.
gravel, cobbles, crushed base, asphalt, dirt or similar material.
B. "Closed container" means a container designed for transporting
loose material such as garbage, refuse or aggregate material, with
sides, top and bottom made of solid and durable material, such as
metal or plastic, which will resist normal wear and tear, and without
any holes, cracks or openings through which materials may escape,
regardless of the degree to which the container is filled.
C. "Enclosed cargo area" means a part of a vehicle designed for carry-
ing objects or materials, with all of the following characteristics:
1. Bottom and vertical sides made of solid and durable material,
such as metal or plastic, which will resist normal wear and tear,
and without any holes, cracks or openings through which materi-
als may escape, regardless of the degree to which the cargo
area is filled;
2. A tailgate or equivalent device;
3. Seals on any opening used to empty a load from the cargo area,
including bottom dump gates and tailgates, sufficient to prevent
material from escaping; and
4. A cover, tarpaulin or other device which prevents the load from
Paragraph 4 was adopted by Ordinance
becoming loose, detached or in any manner a hazard to other
No. 2002.30. See Ordinance No. 2002.06 for
users of the roadway, public thoroughfare or right -of -way.
prior text.
"Enclosed cargo area" shall not include any part of a vehicle's cab
or passenger compartment, nor shall it include frame rails, fenders
or decks of low beds or flat beds.
D. "Garbage or refuse" means any rubbish, trash, weeds, filth or debris
which constitutes a hazard to public health and safety. "Garbage or
refuse" includes, but is not limited to, all putrescible and nonpu-
trescible solid wastes including garbage, trash, ashes, street clean-
ings, dead animals, abandoned automobiles and solid market and
industrial waste, any clippings of brush, grass, or weeds, and any
debris, rubbish or other unsightly or unsanitary matter of any kind
whatsoever.
Section 10 -1 -2 Transportation of garbage or aggregate material
section 10 -1 -2 was adopted by Ordinance
A. It shall be illegal to transport garbage, refuse, aggregate or like ma-
No. 2002.06
terial within the town limits in an open vehicle unless the material is
in a closed container or in an enclosed cargo area.
B. Vehicles transporting the following materials are not required to be
equipped with a cover or tarpaulin:
1. Loads composed solely of asphalt.
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Title 10. Health and Sanitation no
2. Loads composed solely of petroleum coke, if loaded with a
chemical surfactant (surface active agent) designed to prevent
blowing, spilling or escaping.
3. Aggregate materials loaded so that no portion of the load con-
tacts the sides of the cargo area closer than six inches from the
top of the sides and no portion of the load crowns or peaks
above the top of the sides of the cargo area.
4. Equipment employed in agricultural or husbandry activities.
Paragraph 4 was added by Ordinance
C.
No vehicle shall be driven or moved on any roadway within the town
No. 2002.30
limits unless the vehicle is so constructed or loaded as to prevent
any of its load from dropping, shifting, leaking, or otherwise escap-
ing from it, except that sand may be dropped for the purpose of se-
curing traction, or water or other substances may be sprinkled on a
roadway in cleaning or maintaining the roadway.
D.
Vehicles transporting aggregate material within the town limits shall
be equipped with the following equipment:
Paragraph D was amended by Ordinance
No. 2002.30
1. Splash flaps shall be maintained behind every tire or set of tires.
2. Fenders on commercial trailers shall not be removed or disabled.
E.
Vehicles transporting garbage, refuse or aggregate material within
the town limits and equipped with a bottom dump gate shall be
equipped with the following equipment:
1. Shed boards designed to prevent material deposit on the vehicle
body during top loading.
2. A center flap behind the bottom dump gate, which may be lo-
cated either directly behind the gate, or to the rear of the rear
axle and in line with the splash flaps. The outside edge of the
center flap shall not extend more than one inch from the sidewall
of the adjacent tire. The center flap shall be a minimum of 24
inches in height and shall be within 5 inches of the roadway sur-
face.
F.
Vehicles with cargo areas comprised of full rigid enclosures are ex-
empt from the requirements of subsection E of this section.
Section 10 -1 -3 Illegal dumping
The original source of section 10 -1 -3 is unclear.
A.
A person who dumps, deposits, places, throws or leaves refuse,
It was readopted as part of the reformatted
town code by Ordnance No. 2005.22.
rubbish, debris, filthy or odoriferous objects, substances or other
trash on any town road, public thoroughfare, public airport, the right -
of -way to a town road, public thoroughfare or public airport within
20 yards of a town road, public thoroughfare or public airport is
guilty of a class 3 misdemeanor.
B.
The governing body of the town shall cause signs to be erected at
suitable intervals on roadways, public thoroughfares, public airports,
and rights -of -way within the town limits, including public parks, in-
forming the public that it is unlawful to commit the acts prohibited by
this section.
C.
No person shall throw or deposit litter on any public place or private
premises within the town, whether owned by that person or not, ex-
cept that the owner or person in control of private premises may
maintain authorized private receptacles for refuse so that litter will
1111512005
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Title 10. Health and Sanitation no
be prevented from being carried or deposited by the elements upon
any public place.
D. Any person violating the provisions of this section shall be liable for
any costs assessed for removal of the litter.
E. Authority to enforce this section is given to the law enforcement
agency that holds jurisdiction over the areas within the town. If a
class 3 misdemeanor is committed as provided in this section from
a motor vehicle or aircraft, the presumed offender is the driver of
the vehicle or pilot of the aircraft.
F. The town manager shall enforce the provisions of section 10 -1 -3 by
prosecuting violators in the Marana municipal court pursuant to the
provisions of this code. If prosecution fails to secure compliance
with the provisions of those sections, or if the town is unable to
prosecute violators by reason of failure to secure jurisdiction over
their persons, the manager shall compel the removal of litter by the
procedure outlined in chapter 10 -2 of the town code.
Chapter 10 -2 REMOVAL OF LITTER
Section 10 -2 -1 Definitions
A. In this chapter, unless the context otherwise requires:
1. "Litter" means any rubbish, trash, weeds, filth or debris which
constitute a hazard to public health and safety and shall include
all putrescible and nonputrescible solid wastes including gar-
bage, trash, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial waste, any deposit,
accumulation, pile or heap of brush, grass, debris, weeds, cans,
cloth, paper, wood, rubbish or other unsightly or unsanitary mat-
ter of any kind whatsoever, and any growth of weeds, brush,
grass or other vegetable growth to a height of over six inches.
2. "Private premises" means any dwelling, house, building or other
structure, including those designed or used either wholly or in
part for private residential purposes, whether inhabited or tempo-
rarily or continuously uninhabited or vacant, and shall include
any yard, grounds, walk, driveway, porch, steps or vestibules be-
longing or appurtenant to the dwelling, house, building or other
structure.
3. "Public place" means any and all streets, sidewalks, boulevards,
alleys or other public ways, and any and all public parks,
squares, spaces, grounds and buildings.
Section 10 -2 -2 Litter on private premises or public place
No person shall dump, throw or deposit litter on any public place or
private premises within the town, whether owned by the person or not,
except that the owner or person in control of private premises may
maintain authorized private receptacles for refuse so that litter will be
prevented from being carried or deposited by the elements upon any
public place. Any person violating the provisions of this section shall be
liable for any costs assessed for removal of the litter.
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10 -3
Ordinance No. 98.14 added the word "dump"
1111512005
Title 10. Health and Sanitation no
Section 10 -2 -3 Owner to maintain premises
The owner or person in control of any private premises shall at all
times maintain the premises free of litter, provided that this section
shall not prohibit the storage of refuse in suitable containers.
Section 10 -2 -4 Procedure to compel removal of litter
The town manager shall enforce the provisions of sections 10 -2 -2 and
10 -2 -3 by prosecuting violators in the Marana municipal court pursuant
to the provisions of this code. If prosecution fails to secure compliance
with the provisions of those sections, or if the town is unable to prose-
cute violators by reason of failure to secure jurisdiction over their per-
sons, the manager shall compel the removal of litter by the procedure
outlined in sections 10 -2 -5 through sections 10 -2 -9, 10 -4 -2.
Section 10 -2 -5 Notice to remove
To compel the removal of litter through the provisions of this chapter, if
a person owning or controlling any private premises fails, neglects or
refuses to remove or properly dispose of litter located on private prem-
ises owned or controlled by that person, he or she shall be given writ-
ten notice by the manager to remove all litter from those private prem-
ises within thirty days from the date set on the notice for compliance.
The notice shall be given not less than thirty days before the date set
on the notice for compliance and shall contain an estimate of the cost
of removal by the town, a statement that unless the person owning or
controlling the private premises complies with the notice within thirty
days from the date of compliance on the written notice, that the town
will, at the expense of the person owning or controlling those private
premises, perform the necessary work at a cost not to exceed the es-
timate given in the notice, and that the person may appeal in writing to
the council within thirty days from the date of compliance on the notice.
Section 10 -2 -6 Service of notice
The notice to remove set forth in section 10 -2 -5 shall be personally
served on the owner or person controlling the private premises, by any
duly authorized official of the town in the manner provided in Rule 4(d)
of the Arizona Rules of Civil Procedure, or mailed to the owner or per-
son controlling the private premises at his or her last known address
by certified or registered mail, or the address to which the tax bill for
the property was last mailed. If the owner does not reside on the prop-
erty, a duplicate notice shall also be sent by certified or registered mail
at his or her last known address.
Section 10 -2 -7 Appeal to council
Prior to the date set for compliance on the notice to remove, the owner
or person controlling the premises may appeal in writing to the council
from the demand of the manager. The council shall, within thirty days
after receiving the appeal, hear and determine the same and the deci-
sion of the council shall be final. The council may either affirm or re-
verse the decision of the manager or modify the scope of the work as
required in the notice. No action shall be taken by the town, until the
council has heard and determined all matters contained in the notice of
appeal.
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Title 10. Health and Sanitation no
Section 10 -2 -8 Removal by town
When any person to whom a notice to remove has been given, and on
or before the date of compliance on the notice or within such further
time as may have been granted by the council on appeal, fails, ne-
glects or refuses to move from the private premises any or all litter, the
manager is authorized and directed to cause same to be removed and
disposed of at the expense of the owner or person controlling the pri-
vate premises. Upon completion of the work, the manager shall pre-
pare a verified statement of account of the actual cost of the removal
or abatement, the date the work was completed, and the street ad-
dress and the legal description of the property on which the work was
done, including 5% for additional inspection and other incidental costs
in connection therewith, and shall serve a duplicate copy of the verified
statement upon the person owning or controlling the property in the
manner prescribed in section 10 -2 -6. The owner or person controlling
the private premises shall have thirty days from the date of service
upon him or her to appeal in writing to the council from the amount of
the assessment as contained in the verified statement. If an appeal is
not filed with the town clerk within the thirty day period, then the
amount of the assessment as determined by the manager shall be-
come final and binding. If an appeal is taken, the council shall, at its
next regular meeting, hear and determine the appeal and may affirm or
modify the amount of the assessment or determine that no assess-
ment at all shall be made. The decision of the council shall be final and
binding on all persons.
Section 10 -2 -9 Lien for removal
If no appeal is taken from the amount of the assessment, or if an ap-
peal is taken and the council has affirmed or modified the amount of
the assessment, the original assessment or the assessment as so
modified shall be recorded in the office of the county recorder and,
from the date of its recording, shall be a lien on the lot or tract of land
until paid. Such liens shall be subject to and inferior to the lien for gen-
eral taxes and to all prior recorded mortgages and encumbrances of
record. A sale of the property to satisfy a lien obtained under the provi-
sions of this section shall be made upon judgment of foreclosure or
order of sale. The town shall have the right to bring an action to en-
force the lien in the superior court at any time after the recording of the
assessment, but failure to enforce the lien by such action shall not af-
fect its validity. The recorded assessment shall be prima facie evi-
dence of the truth of all matters recited in it and of the regularity of all
proceedings prior to its recording. A prior assessment for the purposes
provided in this chapter shall not be a bar to subsequent assessments
for those purposes, and any number of liens on the same lot or tract of
land may be enforced in the same action.
Chapter 10 -3 SEWAGE SLUDGE
Section 10 -3 -1 Residential areas
The use of land within the town that is within one quarter mile of a hu-
man residence that is also within the town for the application of or in-
jection of sewage sludge to the surface or within eight inches of the
surface shall be prohibited, except where the residence is owned by
the owner of the land where sludge is to be applied or injected or
MARANA TOWN CODE 10 -5
{00001471.DOC I}
See Ordinance Nos. 83.04 and 85.06 for prior
history of sewage sludge regulations
1111512005
Title 10. Health and Sanitation e
where a written waiver has been obtained from the resident or owner
of the residence and where the waiver has been filed with the town
clerk.
Section 10 -3 -2 Flood plain areas
The use of land within the designated flood plain of the Santa Cruz
River as defined by the town zoning ordinance or development code
for the application of or injection of sewage sludge within eight inches
of the surface shall be prohibited.
Section 10 -3 -3 Other areas
The use of any other land within the town for the application of or injec-
tion of sewage sludge to the surface or within eight inches of the sur-
face shall be in accordance with standards and regulations of the
United States Environmental Protection Agency, the Arizona Depart-
ment of Health Services and the Pima County Health Department for
the protection of those who may work on the land and for those who
may use the land at a later time for purposes other than the growing of
crops or other agricultural purposes, including residential, commercial,
industrial and public land uses.
Section 10 -3 -4 Reporting requirements
Any use of land within the town for the application or injection of sew-
age sludge shall be reported to the town clerk upon the initiation of that
land use at each site approved by the Arizona Department of Health
Services, in accordance with the regulations of the state and the Pima
County Department of Wastewater Management.
Section 10 -3 -5 Enforcement
Enforcement of this chapter shall be the responsibility of the town
planning and zoning administrator, but other law enforcement officers
of the town may be called upon to enforce its provisions from time to
time.
Chapter 10 -4 TRAVEL REDUCTION CODE
Section 10 -4 -1 Purpose
The purpose of this chapter, recognizing that motor vehicles are the
single greatest contributor to air pollution, is to improve air quality and
reduce traffic congestion within the incorporated and unincorporated
areas of Pima County by increasing alternate mode usage and reduc-
ing overall motor vehicle travel for commute trips. This chapter shall
establish a basis for a cooperative effort of the local jurisdictions to
achieve a uniform program for reduction of work related trips by em-
ployees working for major employers subject to this regulation.
Section 10 -4 -2 Definitions
A. The following definitions shall apply unless the context clearly indi-
cates otherwise.
MARANA TOWN CODE 10 -6
{00001471.DOC I}
See Ordinance No. 88.06 for prior history of
travel reduction regulations
1111512005
Title 10. Health and Sanitation no
1. "Airshed" means that area delineated with a
black "planning area" line on the map enti-
tled "Eastern Pima County Tucson Air Plan-
ning Area" reproduced on this page..
2. "Alternate mode" means any mode of
commuter transportation other than the
single occupancy motor vehicle.
3. "Approvable travel reduction plan" means a
plan submitted by a major employer that
meets the requirements as set forth in sec-
tion 10 -4 -5.
4. "Carpool" or "vanpool" means two or more
persons traveling in a light duty vehicle
(car, truck or van) to or from work.
5. "Commuter trip" means a trip taken by an
employee to or from work within the air -
shed.
6. "Commuter matching service" means any
system, whether it uses computer or
manual methods, which assists in matching employees for the
purpose of sharing rides to reduce drive alone travel.
7. "Employer" means a sole proprietor, partnership, cooperation,
unincorporated association, cooperative, joint venture, agency,
department, district or other individual or entity, either public or
private, that employs workers. See also "major employer" and
"voluntary employer ".
8. "Full time equivalent (FTE) employees" means the number of
employees an employer would have if the employer's work
needs were satisfied by employees working forty hour work
weeks. The number of full time equivalent employees for any
employer is calculated by dividing the total number of annual
work hours paid by the employer, by 2080 work hours in a year.
9. "Local jurisdictions" includes Pima County, city of Tucson, town
of Marana, town of Oro Valley, town of Sahuarita and city of
South Tucson.
10. "Major employer" means an employer who employs one hun-
dred or more full time equivalent employees at a work site during
a twenty -four hour period for at least 6 months during the year.
11. "Mode" means the type of conveyance used in transportation
including single occupancy motor vehicle, rideshare vehicle (car-
pool or vanpool), transit, bicycle, and walking.
12. "Motor vehicle" means any vehicle propelled by a motor; includ-
ing car, van, bus, motorcycle, and all other motorized vehicles.
13. "Public agency" means any political subdivision of this state and
any board, commission or agency of it.
14. "Public interest group" means any nonprofit group whose pur-
pose is to further the welfare of the community.
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MARANA TOWN CODE 10 -7
�4d�D1
1111512005
{00001471.DOC I}
Title 10. Health and Sanitation e
15. "Regional program" means the combination of all implemented
plans within the airshed combination.
16. "Ridesharing" means transportation of more than one person for
commute purposes, in a motor vehicle, with or without the assis-
tance of a commuter matching service.
17. "Transit" means a bus or other public conveyance system.
18. "Transportation coordinator" means a person designated by an
employer, property manager, or transportation management as-
sociation as the lead person in developing and implementing a
travel reduction plan.
19. "Transportation management association" (TMA) means a
group of employers or associations formally organized to seek
solutions for transportation problems experienced by the group.
20. "Travel reduction plan" means a written report outlining travel
reduction measures which will be submitted annually by each
major employer.
21. "Travel reduction program" means a program, implementing a
travel reduction plan by an employer, designed to achieve a pre-
determined level of travel reduction though various incentives
and disincentives.
22. "Travel reduction program regional task force" means that task
force established pursuant to the intergovernmental agreement
to be entered into by the local jurisdictions.
23. "Vanpool" see "carpool ".
24. "Vehicle occupancy" means the number of occupants in a motor
vehicle including the driver.
25. "Vehicle miles traveled" (VMT) means the number of miles trav-
eled by a motor vehicle for commute trips.
26. "Work site" means a building or any grouping of buildings lo-
cated within the town which are on physically contiguous parcels
of land or on parcels separated solely by private or public road-
ways or rights -of -way, and which are owned or operated by the
same employer.
B. As utilized in this chapter, the following shall have the indicated
meanings.
1. PAG - Pima Association of Governments
2. TMA - transportation management association
3. TRO - travel reduction ordinance and code
4. TRP - travel reduction program
5. VMT - vehicle miles traveled
Section 10 -4 -3 Jurisdiction /lead agency
A. The council shall evaluate major employers' TRP plans received
from the TRP task force. The lead agency shall have 45 days to ob-
ject to the plan; otherwise the plan is automatically approved. Any
objection shall be based upon the criteria set forth in section 10 -4 -5.
MARANA TOWN CODE
{00001471.DOC I}
10 -8
1111512005
Title 10. Health and Sanitation no
If the lead agency objects, the plan is not approved and shall be re-
turned to the TRP task force with appropriate comments for review
and revision in consultation with the employer.
B. The lead agency shall receive recommendations for enforcement
from the TRP task force. The lead agency shall take whatever ac-
tion it deems necessary.
Section 10 -4 -4 Applicability; voluntary participation
A. The provisions of this code shall apply to all major employers.
B. Employers or groups of employers with less than 100 full time
equivalent employees at a single work site are encouraged to par-
ticipate in data collection and information dissemination efforts and
in the preparation of their own travel reduction plans on a voluntary
basis. These groups shall be assisted by the TRP task force, the
TRP technical advisory committee and TRP staff, and shall be eligi-
ble for participation in all programs and services. Groups of em-
ployers are encouraged to form transportation management asso-
ciations.
Section 10 -4 -5 Requirements for employers
In each year of the regional program each major employer shall:
A. Provide each regular employee with information on alternate mode
options and travel reduction measures including, but not limited to:
Sun Tran bus routes and schedules, the RideShare program, and
bicycle routes. This information shall also be provided to new em-
ployees at the time of hiring.
B. Participate in a survey and reporting effort, forms for which will be
provided by the TRP task force. The results of this survey shall form
a baseline against which attainment of the targets in this section
shall be measured as follows:
1. The baseline for participation in alternative modes of transporta-
tion shall be based on the total number of employees.
2. The baseline for VMT shall be the average VMT per employee
for employees not residing on the work site.
C. Prepare and submit a travel reduction plan for submittal to TRP staff
and presentation to the TRIP task force. TRIP staff will assist in pre-
paring the plan. Major employers shall submit plans within nine
weeks after they receive survey data results. The Plan shall contain
the following elements.
1. The name of the designated transportation coordinator.
2. A description of employee information programs and other travel
reduction measures which have been completed in the previous
year.
3. A description of travel reduction measures to be undertaken by
the major employer in the coming year. The following measures
may be included:
a. A commuter matching service, in addition to or coordinated
with PAG's RideShare program, to facilitate employee ride -
sharing for work trips.
MARANA TOWN CODE 10 -9
{00001471.DOC I}
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Title 10. Health and Sanitation e
b. Provision of vans for vanpooling.
c. Subsidized carpooling or vanpooling which may include pay-
ment for fuel, insurance or parking.
d. Use of company vehicles for carpooling.
e. Provision of preferential parking for carpool or vanpool users
which may include close in parking or covered parking facili-
ties.
f. Cooperation with Sun Tran or other transportation providers to
provide additional regular or express service buses to the
work site.
g. Subsidized bus fares.
h. Construction of special loading and unloading facilities for
transit and carpool and vanpool users.
i. Cooperation with local jurisdictions to construct walkways or
bicycle routes to the work site.
j. Provision of bicycle racks, lockers, and showers for employees
who walk or bicycle to and from work.
k. Provisions of special information center where information on
alternate modes and other travel reduction measures will be
available.
I. Establishment of a work -at -home program, full or part time, for
employees.
m. Establishment of a program of adjusted work hours which
may include compressed work weeks and employee - selected
starting and stopping hours. Work hour adjustments should
not interfere with or discourage the use of ridesharing and
transit.
n. Establishment of a program of parking incentives and disin-
centives; such as a fee for parking and /or a "rebate" for em-
ployees who do not use the parking facility.
o. Incentives to encourage employees to live closer to work.
p. Implementation of other measures designed to reduce com-
mute trips such as the provision of day care facilities or emer-
gency taxi services.
D. An approvable travel reduction plan shall meet all of the following
criteria:
1. The plan shall designate a transportation coordinator.
2. The plan shall describe a mechanism for regular distribution of al-
ternate mode transportation information to employees.
3. For employers who in any year, meet or exceed annual regional
targets for travel reduction, the plan shall accurately and com-
pletely describe current and planned travel reduction measures.
4. For employers who, in any year, fall below the regional targets for
travel reduction, the plan shall include commitments to imple-
ment:
MARANA TOWN CODE
{00001471.DOC I}
10 -10
1111512005
Title 10. Health and Sanitation no
a. At least two specific travel reduction measures (such as those
of this chapter) in the first Ordinance No. 2005.22 corrected the cross-
described in section 10-4-5(C)
p ) reference in subparagraphs (D) (4) (a) and (b)
year of the regional program.
b. At least three specific alternate modes incentives programs
(such as those described in section 10- 4- 5(C)(3) of this chap-
ter) in the second year of the regional program.
5. After the second year, the travel reduction program task force
shall review the travel reduction programs for employers not
meeting regional targets and may recommend additional meas-
ures.
E. Employers shall implement all travel reduction measures considered
necessary by the task force to attain the following target employee
participation in alternate modes or commuter trip VMT Reductions
per regulated work site:
1. 15% of the total employee pool in the first year of the regional
program.
2. 20% of the total employee pool in the second year of the regional
program.
3. 25% of the total employee pool in the third year of the regional
program.
F. After the third year of the regional program, either:
1. An increase in employee participation in alternate modes of 1%
per year for each subsequent year until 40% of all commute trips
are made by alternate modes; or:
2. Alternatively, a reduction in average annual VMT per employee
of 1.5% per year can be selected by a major employer after a
25% alternate mode or commuter trip VMT reduction usage is
achieved.
Section 10 -4 -6 Variance and appeals
A. Variances
1. The TRP task force shall serve as a hearing board for major em-
ployers requesting variances from all or part of TRP ordinance
requirements and /or travel reduction plan scheduling.
2. Any major employer wishing a variance form any of the require-
ments of this title shall make written application to the TRP task
force which will determine whether to recommend the variance.
The recommendation will be forwarded within forty -five days to
lead Agency which will or will not authorize the variance. Re-
quest for variances shall be finally approved or disapproved
within 90 days of the filing of a request by an employer.
B. Appeals
1. Any affected major employer may appeal a decision of the lead
agency to authorize or withhold variances or a decision of the
lead agency regarding enforcement or other provision of this
chapter.
2. The town council will hear and decide the appeal. If the decision
is to disapprove the plan, the plan shall be returned to the TRP
MARANA TOWN CODE 10 -11 1111512005
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Title 10. Health and Sanitation no
task force for review and revision or to the lead agency for ap-
propriate action.
Section 10 -4 -7 Enforcement
A. The lead agency, upon determining an substantial violation of this
code, shall request the town attorney to take appropriate legal ac-
tion.
B. Violations of any of the following requirements may subject a major
employer to enforcement actions.
1. Failure to collect or supply information requested by the TRP task
force.
2. Failure to disseminate information on alternate modes and other
travel reduction measures as specified in this chapter.
3. Failure to designate a transportation coordinator.
4. Failure to submit an approvable travel reduction plan.
5. Failure to implement an approved plan within the time schedule
provided or failure to perform a revision of a plan as required by
the TRP task force.
C. Failure by a major employer to meet travel reduction goals as de-
fined in sections 10 -4 -5 (E) and (F) shall not constitute a violation
provided that the major employer is attempting in good faith to meet
the goals.
Chapter 10 -5 FIREWORKS PERMITS
Section 10 -5 -1 Issuance of permits
The town clerk is hereby authorized to issue permits for public displays
of fireworks within the town limits, subject to compliance by the appli-
cant with this chapter. Other than as set forth in this chapter, the sale,
use or possession of any fireworks within the town limits is unauthor-
ized and unlawful.
Section 10 -5 -2 Application for permit
Any person wishing to have a public display of fireworks within the
town limits must make written application for a fireworks permit to the
town clerk, on a form to be prescribed by the town clerk, not less than
15 days prior to the date of the fireworks display.
Section 10 -5 -3 Permit fee
All applications for fireworks permits must include a non - refundable
permit fee in the amount of $100 to cover the cost of investigating the
application and processing of permits. This fee may be waived in the
sole discretion of the town clerk for non profit corporations whose prin-
cipal place of business is located within the town.
Section 10 -5 -4 Required information in application
A. Each application for a fireworks permit shall include the following
information:
1. The name, address, phone number and date of birth of the appli-
cant.
MARANA To wN CODE 10 -12
{00001471.DOC I}
Ordinance No. 2005.22 corrected the cross -
references in paragraph C
See Ordinance No. 89.29 for prior history of
fireworks regulations
1111512005
Title 10. Health and Sanitation no
2. The occupation, business address and business phone number
of the applicant.
3. The date or dates that the public display of fireworks will be held,
the times during which the public display of fireworks will be held,
and the location from which the public display of fireworks will be
held.
4. A complete description of the method, manner and handling of all
fireworks, including but not limited to the storage prior to the pub-
lic display, and the manner in which the public display will be
held.
5. The name, address and phone number of the operator of the
public display of fireworks, together with a full description of all of
the operator's qualifications and experience to operate a public
display of fireworks.
6. The exact type and number of fireworks to be utilized at the pub-
lic display.
Section 10 -5 -5 Investigation
The town clerk shall cause an investigation to be conducted to deter-
mine, among other things, that the display is being handled by a com-
petent operator, and that the display of fireworks is of such character
and located in such an area that when the fireworks are discharged
they will not be hazardous to property or endanger any person.
Section 10 -5 -6 Bond requirement
After considering the potential danger to property and the proximity of
the display to existing structures, the town clerk shall require a cash
bond or surety bond issued by an insurance carrier licensed in the
state in the sum of not less than $500 or more than $5,000, the bond
to be issued to insure that payment be made for all damages which
may be caused to persons or property by reason of the display.
Section 10 -5 -7 Permit non - transferable
Any permit issued pursuant to this chapter is not transferable or as-
signable, and shall be issued in the name of the applicant, with the
competent operator of the fireworks display to be designated on it, and
shall specify and be limited to the specific location, times, number and
types of fireworks as contained in the permit.
Chapter 10 -6 PENALTIES
Section 10 -6 -1 General
Notwithstanding any criminal penalties as prescribed under title 13,
Arizona Revised Statutes, a violation of any portion of this title except
as outlined below is a civil offense punishable by a civil sanction of not
more than $500. Each day the violation continues shall constitute a
separate and distinct offense.
Section 10 -6 -2 Violations
In addition to the provisions for compelling removal listed in sec-
tions 10 -2 -5 through 10 -2 -9, a violation of any provision of sec-
tions 10 -2 -2 or 10 -2 -3 is a class 2 misdemeanor.
MARANA TOWN CODE 10 -13
{00001471.DOC I}
Section 10 -6 -2 was adopted by Ordinance
No. 98.14, which renumbered the following
sections to conform
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Title 10. Health and Sanitation e
Section 10 -6 -3 Travel reduction
A violation of any provision of chapter 10 -4 of this title is a petty of-
fense. Each day the violation continues shall constitute a separate and
distinct offense.
Section 10 -6 -4 Illegal dumping
A violation of any provision of section 10 -1 -3 shall be a class 3 misde-
meanor.
MARANA TOWN CODE
{00001471.DOC I}
10 -14
The original source of section 10 -6 -4 is unclear.
It was readopted as part of the reformatted
Town code by Ordinance No. 2005.22.
1111512005
Title 11
Offenses
CHAPTER 11 -1
CHAPTER 11 -2
CHAPTER 11 -3
CHAPTER 11 -4
CHAPTER 11 -5
CHAPTER 11 -6
CHAPTER 11 -7
CHAPTER 11 -8
CHAPTER 11 -9
DRIVING OR PARKING ON PROPERTY OF ANOTHER ....... ..............................1
DRUG PARAPHERNALIA ........................................................ ..............................1
GRAFFITI .................................................................................. ..............................1
MINORS; LOITERING AND CURFEW .................................... ..............................4
NOISE ...................................................................................... ............................... 7
PUBLIC URINATION OR DEFECATION ................................ .............................13
STORAGE OF INOPERABLE OR UNLICENSED VEHICLES ............................13
PENALTIES ............................................................................. .............................13
UNRULY RESIDENTIAL ACTIVITIES .................................... .............................14
{00001471. DOC I}
Title 11. Offenses
TITLE 11. OFFENSES
Title 11 was adopted by Ordinance No. 96.16
Chapter 11 -1 DRIVING OR PARKING ON PROPERTY OF
ANOTHER
Section 11 -1 -1 Driving or parking on another's property
unlawful
It is unlawful for a person to loiter, drive or park in or upon the property
of another during those hours when the person legally entitled to the
possession of the property is not present, or, if the property is a busi-
ness, for any purpose other than the normal conduct of trade with that
business, or, if the property is that of a government, for any purpose
other than the normal conduct of business with that government
agency, without having in his or her possession the written permission
of the person legally entitled to the possession of the property.
Section 11 -1 -2 Exceptions
No person charged with violating this section shall be convicted, and
any charge against him or her shall be dismissed if he or she subse-
quently produces in court the written permission.
Chapter 11 -2 DRUG PARAPHERNALIA
Section 11 -2 -1 Unlawful possession
It is unlawful for any person to keep or exhibit any box pipe, cup, hy-
podermic needle, thing or apparatus used for unlawfully smoking, eat-
ing, inhaling, injecting or consuming any substance defined as a nar-
cotic in A.R.S. § 13 -3401 et seq., or any subsequent amendments to
them.
Section 11 -2 -2 Unlawful activities
It is unlawful for any person to act as a lookout or tender at any place
where the acts as set forth in section 11 -2 -1 are practiced or carried
on.
Section 11 -2 -3 Duty of police to seize unlawful paraphernalia
It is the duty of all police officers of the town to seize and safely keep
all cups, pipes, apparatus, boxes, hypodermic needles and things used
for the purpose of unlawfully eating, smoking, inhaling, injecting or oth-
erwise consuming any substance defined as a narcotic under A. R.S.
§ 13 -3401 et seq., as it may be amended, and to produce them in
court. The articles shall be retained until a final disposition of any case
in which they may be required as evidence, and may be destroyed af-
ter final disposition of the case. Nothing contained in this section shall
prevent the destruction of the articles at any time when the magistrate
deems the articles no longer required to be retained as evidence, or
when they may be otherwise destroyed pursuant to any applicable Ari-
zona Revised Statute.
Chapter 11 -3 GRAFFITI
Chapter 11 -3 was adopted by Ordinance
No. 98.21, which renumbered the later chap -
Section 11 -3 -1 Definitions
ters of title 11 to conform
A. In this section, the following words and phrases shall be construed
as defined in this section unless in context it appears that a different
meaning is intended:
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MARANA TOWN CODE 11 -1
{00001471.DOC I}
Title 11. Offenses ON
1. "Graffiti" means the unauthorized etching, spraying of paint or
application of paint, ink, chalk, dye or other similar substance on
buildings, fences, structures or similar places.
2. "Graffiti abatement officer" means the town official designated by
the town manager to interpret and enforce the provisions of this
section.
3. "Retailer" means any person, business or governmental entity
that owns, operates or manages a store, stand, booth, conces-
sion, mobile unit or other place where sales of spray paint are
made to purchasers for consumption or use.
4. "Spray paint" means any paint or paint like coating substance
which is dispensed by the use of an aerosol spray device
whether or not containing a toxic substance.
5. "Unauthorized" means without the permission of the property
owner or otherwise in violation of the provisions in this section.
Section 11 -3 -2 Purpose and intent
A. It is the purpose and intent of this chapter to provide a procedure for
the prevention, prohibition, and removal of graffiti from walls, struc-
tures, or surfaces on public and private property to reduce blight
and deterioration within the town and to protect the public health
and safety.
B. The mayor and council finds that graffiti contributes to neighborhood
deterioration, provides a communication system for gangs and
other vandals, damages property, constitutes a public nuisance,
and must be abated immediately to avoid the detrimental impact of
the graffiti and prevent the further spread of graffiti.
C. The mayor and council further find that graffiti is most frequently
spread by youth under the age of 18 years and that measures to
limit youth access to spray paint containers are critical to the town's
prevention efforts.
Section 11 -3 -3 Graffiti prohibited; abatement procedures;
penalty
A. It shall be unlawful for any person owning or otherwise being in con-
trol of any real property within the town to maintain, permit or allow
graffiti to remain on any building, fence, structure or otherwise on
the property where the graffiti is visible from the street or other pub-
lic or private property.
B. Upon the receipt of notice requiring abatement from the graffiti
abatement officer, any person owning or otherwise being in control
of the property shall within ten days thereafter remove or abate all
graffiti specified in the notice. The graffiti abatement officer shall
give notice utilizing the procedures set forth in this section. The
graffiti abatement officer may cause the removal of graffiti from pri-
vate property should the property owner or person in control fail to
remove graffiti after the required notice. The town is expressly au-
thorized to enter private property and abate graffiti.
C. Any person or business in violation of this section shall constitute a
civil infraction.
MARANA TOWN CODE 11 -2
{00001471.DOC I}
Ordinance No. 2005.22 deleted a redundant
definition of "person" (see section 1 -3 -2)
1111512005
Title 11. Offenses ON
Section 11 -3 -4 Prohibited conduct; penalties
A. No person may write, paint, or draw any inscription, figure, or mark
of any type on any public or private building or other real or per-
sonal property, owned, operated, or maintained by a governmental
entity, agency or instrumentality or by any person, firm, or corpora-
tion, unless permission of the owner or operator of the property has
been obtained.
B. No person may possess an aerosol spray paint container on any
private property unless the owner, agent, manager, or other person
having control of the property consented to the presence of the
aerosol spray paint container.
C. No person under the age of 18 years may possess an aerosol spray
paint container on any public property unless accompanied by a
parent, guardian, teacher or other person in a similar relationship
over the age of 18 years and the possession is for a lawful purpose.
D. No person under the age of 18 years may buy any aerosol spray
paint container from any person or firm.
E. Penalties. Violations of this section shall constitute a class 1 mis-
demeanor and shall be punished as follows:
A person convicted of violating subsection (A) shall be punished
by a term of not less than 48 hours in jail, a fine not less than
$250 and not less than 40 hours community service involving
participation in the removal of graffiti. In addition to any other
punishment, the court shall order restitution to the victim for
damage or loss caused directly or indirectly by the defendant's
offense in an amount to be determined by the court. Persons un-
der the age of 18 years will be punished as provided for in title 8
of the Arizona Revised Statutes.
2. A person convicted of violating subsection (B) or (C) shall be
punished by a term of not less than 24 hours in jail, a fine not
less than $100 dollars and 40 hours of community service involv-
ing participation in the removal of graffiti. Persons under the age
of 18 years will be punished as provided for in title 8 of the Ari-
zona Revised Statutes.
3. A person convicted of violating subsection (D) shall be punished
as provided for in title 8 of the Arizona Revised Statutes.
4. No judge shall suspend the imposition of any of the mandatory
minimum penalties required by this section.
Section 11 -3 -5 Prohibited sale or transfer to minors; regulation
of sale; classification; penalty
A. Spray paint containers shall not be sold, delivered, transferred or
given to persons under age 18 years. Evidence that a person de-
manded and was shown acceptable evidence of age and acted
upon that evidence in a transaction or sale shall be a defense to
any prosecution under this subsection. This subsection does not
apply to the transfer of an aerosol spray paint container from a par-
ent to child, guardian to ward, employer to employee, teacher to
student or in any other similar relationship when the transfer is for a
lawful purpose.
MARANA TOWN CODE 11 -3
{00001471.DOC I}
1111512005
Title 11. Offenses ON
B. Spray paint containers sold at retail establishments shall be stored
or displayed either A) in an area that is inaccessible to the public
without employee assistance in the regular course of business
pending legal sale or other disposition or B) within 15 feet of a cash
register and within the line of sight of a cashier at all times.
C. Identification shall be required of purchasers of spray paint contain-
ers appearing to be under the age of 26 years. A retailer shall not
be found responsible for a violation of this subsection unless the
failure to require identification resulted in a sale of spray paint to a
person under age 18 years.
D. Spray paint containers shall not be displayed or sold at swap meets,
yard sales, garage sales, or other like events.
E. A retailer shall be responsible for the violation of any provision of
this section by its employees.
F. Any violation of any provision of this section constitutes a civil infrac-
tion. No magistrate, special magistrate or limited special magistrate
may suspend the imposition of the minimum fines prescribed in this
section.
G. A person found responsible for a violation of any provision of this
section shall be fined not less than $200. The fine amount for each
subsequent violation of any provision of this section within a con-
secutive 365 -day period shall increase by increments of $300 for
each violation.
Chapter 11 -4 MINORS; LOITERING AND CURFEW
Section 11 -4 -1 Definitions
A. In this section, unless the context otherwise requires:
1. "Curfew hours" means the following:
a. For juveniles under 16 years of age, between the hours of
10:00 p.m. and 5:00 a.m. of the following day.
b. For juveniles on or after the sixteenth birthday, but prior to the
eighteenth birthday, between the hours of midnight and
5:00 a.m. of the following morning.
2. "Custodian" means any person, not a juvenile, who is in loco par-
entis to a juvenile.
3. "Emergency" means an unforseen combination of circumstances
or the resulting state that calls for immediate action. The term
also includes, but is not limited to, a fire, a natural disaster, or
automobile accident, or any situation requiring immediate action
to prevent serious bodily injury or loss of life.
4. "Establishment" is defined as any privately owned place of busi-
ness operated for a profit to which the public is invited, including
but not limited to any place of amusement or entertainment.
5. "Guardian" means a person who, under court order, is the guard-
ian of the person of a minor; or a public or private agency with
whom a minor has been placed by an authorized agency or
court; or any person other than a parent, who has legal guardi-
anship of the person of a juvenile; or a person at least 21 years
MARANA TOWN CODE
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11 -4
Chapter 11 -4 was adopted by Ordinance
No. 97.35, and was renumbered by Ordi-
nance No. 98.21. See Ordinance No. 96.16
for prior history.
1111512005
Title 11. Offenses ON
of age and authorized by a parent or guardian to have the care
and custody of a minor.
6. "Insufficient Control" means failure to exercise reasonable care
and diligence in the supervision of the juvenile.
7. "Juvenile" or "Minor" means any person who has not yet reached
eighteen years of age.
8. "Operator" means any individual, firm, association, partnership,
or corporation operating, managing, or conducting any estab-
lishment. The term includes the members or partners of an as-
sociation or partnership and the officers of a corporation.
9. "Parent" means a natural parent, adoptive parent, or step - parent
of another person.
10. "Public Place" is any place to which the public or a substantial
group of the public has access, and includes streets, highways,
and the common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, and shops.
11. "Remain" means to linger or stay or fail to leave premises when
requested to do so by a police officer or the owner, operator, or
other person in control of the premises.
12. "Serious Bodily Injury" means bodily injury that creates a sub-
stantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of
any bodily member or organ.
Section 11 -4 -2 Offenses
A. A minor commits an offense if the minor remains in any public place
or on the premises of any establishment within the town, away from
the property where the minor resides, during curfew hours.
B. A parent, guardian or person having responsibility of a minor com-
mits an offense if the parent, guardian or person having responsibil-
ity for the minor knowingly permits, or by insufficient control allows,
the minor to remain in any public place or on the premises of any
establishment within the town, away from the property where the
minor resides, during curfew hours. It shall not constitute a defense
that the parent, guardian or other person having responsibility for
the minor did not have actual knowledge that the minor was violat-
ing the provisions of this chapter if the parent, guardian or other
person having responsibility for the minor, in the exercise of rea-
sonable care and diligence, should have known of the violation.
C. A parent, guardian or other person having the care, custody or su-
pervision of the minor commits an offense by refusing to take cus-
tody of the minor after the demand is made upon the parent, guard-
ian or other person having the care, custody or supervision of the
minor, by a law officer who arrests the minor for violations of this
chapter.
D. The owner, operator, or any employee of an establishment commits
an offense if the owner, operator, or any employee of the estab-
lishment knowingly allows a minor to remain upon the premises of
the establishment during curfew hours.
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Title 11. Offenses
Section 11 -4 -3 Defenses /exceptions
A. It is a defense to prosecution under section 11 -4 -2 of this chapter
that:
1. The minor was accompanied by the minor's parent or guardian;
2. The minor was on an errand at the direction of the minor's parent
or guardian without any detour or stop;
3. With prior permission of the parent or guardian, the minor was in
a vehicle involved in interstate travel;
4. The minor was engaged in an employment activity, or going to or
returning home from an employment activity, without any detour
or stop by the most direct route;
5. The minor was involved in an emergency;
6. The minor was on the sidewalk abutting the minor's residence or
abutting the residence of a next door neighbor if the neighbor did
not complain to the police department about the minor's pres-
ence;
7. With prior permission of the parent or guardian, the minor was
engaged in a reasonable, legitimate, and specific business
and /or activity. Examples include, but are not limited to, attend-
ing an official school, religious, or other recreational activity su-
pervised by adults and sponsored by the town, a civic organiza-
tion, or another similar entity that takes responsibility for the mi-
nor, or going to or returning home from, without any detour or
stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the town, a civic organi-
zation, or another similar entity that takes responsibility for the
minor;
8. With permission of the parent or guardian the minor was exercis-
ing First Amendment rights protected by the United States Con-
stitution, such as free exercise of religion, freedom of speech,
and the right of assembly; or
9. The minor is emancipated, whether emancipation be through
marriage, military service, or other legally sufficient grounds in
accordance with Arizona law.
B. It is a defense to prosecution under section 11- 4 -2(D) that the
owner, operator or employee of an establishment promptly notified
the police department that a minor was present on the premises of
the establishment during curfew hours and refused to leave.
Section 11 -4 -4 Enforcement
Before taking any enforcement action under this chapter, a police offi-
cer shall ask the apparent offender's age and reason for being in the
public place. The officer shall not issue a citation or make an arrest
under this section unless the officer reasonably believes that an of-
fense has occurred and that, based on any response and other cir-
cumstances, no defense in section 11 -4 -3 exists.
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Title 11. Offenses
Section 11 -4 -5 Penalties
A. Each violation of the provisions of section 11 -4 -2 shall constitute a
separate offense.
B. A person convicted of a violation of this chapter shall be guilty of a
class 1 misdemeanor, punishable according to the laws of the state.
Chapter 11 -5 NOISE
Chapter 11 -5 was renumbered by Ordinance
Section 11 -5 -1 Unlawful activities No. 98.21
A. It is hereby declared to be a public nuisance, and it is unlawful for
any person, to play or permit to be played any music or musical in-
struments whether played by individuals, orchestra, radio, phono-
graph, music box or other mechanical device or means in such a
loud or unusual manner as to be offensive to the senses, or so as to
disturb the slumber, peace and quiet, or otherwise interfere with or
annoy the comfortable enjoyment of life or property of any person
and is no less a nuisance because the extent of the annoyance in-
flicted is unequal.
B. It is unlawful to play, operate or use any device known as a sound
truck, loud speaker or sound amplifier, radio or any instrument of
any kind or character which emits loud and raucous noises and is
attached to and upon any vehicle unless the person in charge of the
vehicle shall have first applied to and received permission from the
chief of police to operate the vehicle so equipped.
Section 11 -5 -2 False alarms
A. It shall be unlawful to allow or cause a false alarm within the town. A
violation of this section shall be punishable as provided in sec-
tion 11 -8 -2 below.
B. In this chapter, unless the context otherwise requires:
1. "Alarm" means any mechanical or electrical device or assembly
of equipment designed or arranged to signal the occurrence of
an illegal entry or other activity requiring urgent attention and to
which the police are expected to respond, or designed or ar-
ranged to signal the occurrence of a fire or excessive smoke re-
quiring urgent attention and to which a fire department is ex-
pected to respond.
2. "Alarm company" means any firm, person, partnership, corpora-
tion or entity which has servicing, maintenance or monitoring du-
ties or responsibilities under the terms of any agreement or ar-
rangement with any alarm user within the corporate limits of the
town.
3. "Alarm user" means any person, firm, corporation or entity of any
kind in control of any building, premises, structure or facility in
which or upon which an alarm is maintained.
4. "False alarm" means an alarm signal to which police or fire de-
partment personnel respond with any emergency personnel or
equipment when a situation requiring a response by the police or
applicable fire department does not in fact exist, and which sig-
nal is caused by the inadvertence, negligence or intentional act
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Title 11. Offenses
or omission of an alarm company or alarm user or a malfunction
of the alarm.
C. The following shall not be considered false alarms:
1. Alarms caused by the testing, repair or malfunction of telephone
equipment or lines.
2. Alarms caused by an act of God, including earthquakes, floods,
windstorms, thunder or lightning.
3. Alarms caused by an attempted illegal entry of which there is visi-
ble evidence.
4. Alarms caused by the testing, repair or malfunction of electrical
utility equipment or lines.
Section 11 -5 -3 Noise standards in the resort and recreation
zone Section 11 -5 -3 was adopted by Ordinance
No. 2002.12
A. Applicability; policy. The town has come to understand that certain
allowable activities within the resort and recreation zone may be
disruptive to the public health, safety and general welfare, the satis-
faction, and the feeling of well being to the surrounding residents.
To control unnecessary, excessive and annoying noise being gen-
erated from properties with the resort and recreation (R R) zoning
designation, it is the policy of the town to maintain the standards
identified in this section to protect the public health, safety and gen-
eral welfare of the surrounding residentially zoned properties. All
uses established or placed into operation after the effective date of
this section shall comply at all times hereafter with the following
limitations or performance standards.
B. Definitions. As used in this section, the following terms shall be de-
fined as follows:
1. A weighted sound level. The sound pressure level in decibels as
measured on a sound level meter using the A weighted filter
network. The A weighted filter network is designed to simulate
the response of the human ear. The A weighted sound level is
expressed by the symbol dBA.
2. Ambient noise. The composite of noise from all existing sources
near and far. The ambient noise level constitutes the normal or
existing level of environmental noise at a given location, exclud-
ing any alleged offensive noise.
3. Decibel (dB). A unit for measuring the amplitude of a sound,
equal to 20 times the logarithm to the base 10 of the ratio of the
pressure of the sound measured to the reference pressure,
which is 20 micropascals.
4. Impulsive noise. A noise of short duration, usually less than one
second, and of high intensity, with an abrupt onset and rapid de-
cay.
5. Noise study. An acoustical analysis performed by a qualified
noise engineer which determines the potential noise impacts of a
roadway, land use or operation of equipment. The noise study
will generate noise contours and recommend mitigation for noise
impacts which exceed the city's noise standards.
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6. Sound level meter. A sound level meter shall mean an instrument
meeting at a minimum the American National Standards Insti-
tute's Types 1 or 2 Standards, or an instrument and the associ-
ated recording and analyzing equipment which will provide
equivalent data.
C. Amplified noise standards. This section identifies stationary types of
noise sources. The type of noise standard contained in this section
is for amplified noise, which may be intrusive to a neighboring resi-
dential property. The noise standards shown in Table 1 are for
regulating the impact of stationary noise sources to a neighboring
property.
D. Exterior noise. It shall be unlawful for any person, entity or operation
at any location within the R R zone of the town to create any ampli-
fied noise, or to allow the creation of any amplified noise on prop-
erty owned, leased, occupied or otherwise controlled by the person,
which causes the noise level when measured at the property line to
exceed the noise standards found in table 1, and these amplified
noise standards are hereby established and declared to be reason-
able and acceptable during the times stated in table 1.
TABLE 1
STATIONARY NOISE
SOURCE STANDARDS
Maximum Noise Levels
Measured at Property Line
7:00 am -10:30 pm -Not to exceed 55dBA
10:30 pm -7:00 am -Not to exceed 50dBA
E. Exemptions. The following activities shall be exempt from these
noise standards:
1. Special events pursuant to an approved special use permit.
Noise impacts shall be evaluated and conditioned as part of the
special use permit.
2. Filming pursuant to a film permit. Noise impacts shall be evalu-
ated and conditioned as part of the film permit.
3. Activities conducted on public parks, public playgrounds and pub-
lic or private school grounds including school athletic and enter-
tainment events that are conducted under the sanction of the
school or under a license or permit duly issued pursuant to any
provision of town code.
4. Noise sources associated with the maintenance of real property,
provided the activities take place between the hours of 7 a.m. to
8 p.m. on any day except Sunday or between the hours of 9 a.m.
to 8 p.m. on Sunday.
5. Any activity to the extent regulation of it has been preempted by
state or federal law.
F. Noise level measurements. All noise shall be measured in accor-
dance with the following standards. Measurements shall be made
with a Type 1 or Type 2 calibrated sound level meter utilizing the A
weighting scale and the slow meter response as specified by the
American National Standards Institute (A.N.S.I.). Noise levels shall
be measured in decibels and A weighted. Meters shall be main-
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tained in calibration and in good working order. The measurement
location is at the property line between the R R Zone and the resi-
dentially zoned property.
G. Measurement procedure. The sound level meter shall be operated
in accordance with the instrument manufacturer's instructions and
as follows:
1. Microphone orientation. The microphone shall be pointed to-
wards the allegedly offensive noise source, unless the manufac-
turer's instructions specifically indicate otherwise.
2. Meter setting. The meter shall be set for the A weighted network
and "slow" response mode.
3. Calibration. An internal or external calibration check shall be
made before and after each use.
4. Sound levels shall be measured at the approximate location of
the property line, at a height of at least three feet above the im-
mediate surrounding surface.
5. Windscreens shall be used whenever appropriate.
H. To implement and enforce this section effectively, the chief of police
shall, within a reasonable time after the effective date of this sec-
tion, develop and promulgate standards and procedures for testing
and validating sound level meters used in enforcement of this sec-
tion.
I. A law enforcement agent shall command any person violating this
section to abate his or her violation. It is unlawful for any person to
fail to comply with an order of a law enforcement agent regarding a
noise violation. Each violation of the order of a law enforcement
agent under this subsection shall constitute a separate offense of
this section.
J. Noise studies required.
1. Pre - development noise studies. A pre development noise study
is performed prior to development and is designed to project fu-
ture noise levels and recommend mitigation measures to be im-
plemented in project development. A registered noise engineer
as approved by the town shall prepare all noise studies. Noise
studies may be required when a noise generating use, such as
an amphitheater, arena, etc., is proposed in the R R zoning dis-
trict. The need for a noise study will be determined at the time of
development review. Pre - development noise studies shall project
future noise levels based on proposed uses, traffic volumes and
other relevant future conditions. Existing and projected noise
shall be evaluated pursuant to the noise standards within this
section. Mitigation measures shall be proposed to bring noise
levels into compliance with these standards. Mitigation measures
may consist of walls, berms, setbacks, landscaping, building ma-
terials, construction methods and any other means whereby
noise can be reduced to the levels within this section.
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K. Enforcement.
1. It shall be unlawful for any person in the R R zoning district,
within the town, to create any exterior noise, or to allow the crea-
tion of any noise on property owned, leased, occupied or other-
wise controlled by the person, which causes the noise level
when measured according to this section, to exceed the maxi-
mum allowable noise levels in Table 1 of this section.
2. No person shall interfere with, oppose or resist any authorized
person charged with the enforcement of this section while the
authorized person is engaged in the performance of his or her
duty.
3. Any person violating any provision of this section shall be
deemed responsible of a civil infraction. A law enforcement
agent shall command any person violating this section to abate
his or her violation. It is unlawful for any person to fail to comply
with an order of a law enforcement agent regarding a noise viola-
tion. Each violation of the order of a law enforcement agent un-
der this subsection shall constitute a separate offense of this
section.
4. The operation or maintenance of any device, instrument, or ma-
chinery in violation of any noise standard identified in this section
is hereby declared to be a public nuisance and may be abated
pursuant to the nuisance abatement procedure in the town code.
5. Pursuant to this section, each person shall be deemed responsi-
ble of a separate offense for each and every day during any por-
tion of which any violation of any provision of this section is
committed, continued, or permitted by the person and shall be
punished accordingly.
6. Even though compliance with performance standards or proce-
dures in obtaining any permit is not required for a particular use,
initial and continued compliance with performance standards is
required of every use and the provisions for enforcement of con-
tinued compliance with performance standards shall be invoked
by the police and planning departments against any use if there
are reasonable grounds to believe that performance standards
are being violated by that use.
7. The designee of the police and planning departments shall inves-
tigate any purported violation of noise standards and, if there is
reasonable ground for same, shall commence proceedings to
abate the violation. The town, to assist in the abatement pro-
ceedings, may employ qualified expert consultants. Action by the
town to abate the violation may include, but shall not be limited
to, commencing proceedings for revocation of permits or com-
mencing enforcement proceedings pursuant to this code or other
remedies available by law or equity.
L. Jurisdiction. The town magistrate shall have authority to adjudicate
violations of this section. Violations shall be charged via the short
form Arizona Traffic Ticket and Complaint or via the long form sum-
mons and complaint submitted by the town attorney. Pursuant to
A.R.S. § 9- 500.21(A)(3), the town magistrate, in adjudicating viola-
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tions of this section, shall use the same procedures used for adjudi-
cating civil traffic offenses.
Section 11 -5 -4 Construction noise
Section 11 -5 -4 was adopted by Ordinance
A.
It shall be unlawful to allow or cause site construction activities that
No. 2002.14, which originally adopted it as
result in disturbance to persons residing within 500 feet of the site
section 11 -5 -3 but was renumbered to con -
between the hours of 7:00 p.m. and 6:00 a.m. on weekdays and be-
form to Ordinance No. 2002.12
tween 7:00 p.m. and 7:00 a.m. on weekends.
B.
Commercial or industrial zones that are no closer than 500 feet to
residential areas site construction may begin no earlier than
5:00 a.m. and end no later than 8:00 p.m.
C.
It will be permissible for the contractor to obtain special permission
to perform site construction work earlier in the summer months by
notifying the residents within 500 feet of the site in writing and ask-
ing the residents to contact the town if they wish to deny permis-
sion. The Building Official will then evaluate the request, and if rea-
sonable, and without majority of residents requesting denial, issue
an early work permit and inform the police department of permitted
early work.
D.
Grading and roadway construction is permitted to begin at 6:00 a.m.
and end no later than 7:00 p.m. If a contractor wishes to perform
work at an earlier time for road work or grading, he shall make an
application to the town engineer for an early work permit. The town
engineer shall consider whether construction noise in the vicinity of
the proposed work site would be less objectionable at night than
during the day due to population levels or activities, interference
with traffic, and if the noise would not cause significant disturbance
in residential areas. Emergency work or repairs may be authorized
by the town engineer or his representative regardless of the time of
day. The town engineer may use any factor or reasoning to allow
work during night time hours if there exists a community benefit.
E.
Service trucks may work on equipment stored on site up to
9:00 p.m. Maintenance during other hours will be allowed if no ob-
jectionable noise is generated.
F.
Sand and gravel operations (mining), and agricultural operations are
exempt from this ordinance.
G.
Emergency Conditions. In case of emergency operations contact
must be made with the Building Official or the head of Public Works.
If neither of them can be reached notification must be made to the
police department.
H.
Definitions. For purposes of this section:
Ordinance No. 2005.22 amended para-
1. Site construction is the work relating to site improvements such
graph H by adding "For purposes of this sec -
as installation of utilities, on site curbs, parking lot surfaces, on
tion" to the introduction and deleting it from
site sidewalks, and all structures such as buildings, walls, signs
the definition of "Site construction"
and light poles.
2. Construction noise shall be considered any construction activity
that generates a level of noise that disturbs the peace or quiet of
any residence or that causes discomfort or annoyance to any
reasonable person of normal sensitivity residing within 500 feet
of the construction site.
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3. A notification as stated in section C shall be considered door
tags, letters or any written means of notification at least 24 hours
prior to early work start.
I. The penalty for violation of this section will be as provided in chap-
ter 11 -8 Penalties. Violation of this provision will be a class 1 mis-
demeanor and will be issued by the Marana police department upon
complaint and investigation finding probable cause to issue a ticket.
Chapter 11 -6 PUBLIC URINATION OR DEFECATION
Chapter 11 -6 was renumbered by Ordinance
It is unlawful for any person to urinate or defecate in a public place, or
No. 98.21
in any place exposed to public view, except in an established lavatory
or toilet.
Chapter 11 -7 STORAGE OF INOPERABLE OR UNLICENSED
Chapter 11 -7 was renumbered by Ordinance
VEHICLES
No. 98.21
Section 11 -7 -1 Unlawful activities
A. Where any inoperable or unlicensed motor vehicle or major compo-
nent of a motor vehicle is stored on a residential lot in the town for
more than thirty days, the vehicle or major components shall be hid-
den from the view of individuals standing at ground level from adja-
cent lots and streets by an appropriate fence, wall or landscaping.
B. A major component of a motor vehicle shall be considered to be a
car or truck body, or parts of it with or without wheels, a car or truck
chassis, an engine block, transmission or axle with or without any
ancillary fixtures.
C. A residential lot shall be defined as any lot on which a residence
exists, as defined by the town's development code, or any vacant
lot adjacent to one or more lots on which a residence exists.
D. It is unlawful for any property owner or renter to cause or knowingly
permit the storage on property under his or her control of an inoper-
able or unlicensed motor vehicle or major components of a motor
vehicle for more than thirty days without screening those items from
view as required in this section. Each day of violation shall be con-
sidered as a separate offense, and each such vehicle or component
shall also constitute a separate offense.
Chapter 11 -8 PENALTIES
Chapter 11 -8 was renumbered by Ordinance
Section 11 -8 -1 General
No. 98.21
Any violation of this title other than section 11 -5 -2 shall be a class 1
misdemeanor.
Section 11 -8 -2 False alarms
Any violation of section 11 -5 -2 shall have the following penalties:
A. A civil sanction in an amount of not more than $250 may be as-
sessed against an alarm user for each false alarm which occurs in
any building, premises, structure or facility owned or controlled by
the alarm user;
B. A civil sanction in an amount of not more than $250 may be as-
sessed against the responsible alarm company for each false alarm
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which occurs if the false alarm was occasioned due to the manner
of installation of the alarm by the responsible alarm company;
C. A civil sanction in an amount of not more than $250 may be as-
sessed against the responsible alarm company for each false alarm
which is occasioned by the failure of the responsible alarm com-
pany to properly service, maintain or monitor any alarm within the
town.
Section 11 -8 -3 Violation of section 11 -5 -3
Section 11 -8 -3 was adopted by Ordinance
A. A person found responsible for a first -time offense prohibited by No. 2002.12
section 11 -5 -3 shall be punished by a fine of not less than $500 or
more than $1,000.
B. A person found responsible for a second offense prohibited by sec-
tion 11 -5 -3 shall be punished by a fine or not less than $1,200 or
more than $1,500.
C. A person found responsible of a third offense prohibited by section
11 -5 -3 shall be punished by a fine of not less than $2,000 or more
than $2,500.
D. No judge may suspend the minimum fine prescribed in this section,
upon a person found responsible of any offense prohibited by sec-
tion 11 -5 -3.
CHAPTER 11 -9 UNRULY RESIDENTIAL ACTIVITIES Chapter 11 -9 was adopted by Ordinance
Section 11 -9 -1 Unruly residential activities unlawful No. 2003.29
An unruly residential activity is an activity on property used for residen-
tial purposes which causes a disturbance of the quiet enjoyment of pri-
vate or public property by any person or persons, and shall be unlaw-
ful. Disturbances include, but are not limited to, excessive noise or traf-
fic, obstruction of public streets by crowds or vehicles, drinking in pub-
lic, the service of alcohol to minors or consumption of alcohol by mi-
nors, fighting, disturbing the peace, and littering. An unruly residential
activity may be abated by reasonable means including, but not limited
to, citation or arrest of violators under applicable ordinances or state
statutes.
Section 11 -9 -2 Notice of unruly residential activity — posting
A. The premises where the unruly residential activity occurs shall be
posted with a notice stating that an unruly residential activity has
occurred at the premises. The notice shall state the date of the un-
ruly residential activity, and that any subsequent unruly activity on
the same premises within a 120 -day period shall result in liability for
the penalties provided in this chapter. Parties liable include any
persons in attendance causing the unruly activity, or any owner, oc-
cupant or tenant of the premises where the unruly activity occurred,
or any sponsor of the event constituting the unruly activity. For pur-
poses of this chapter, the premises means the dwelling unit or units
where the unruly residential activity occurs.
B. Premises shall be posted with a notice as provided in this section
each time an unruly residential activity occurs. If premises are al-
ready posted at the time of a subsequent posting, the 120 -day pe-
riod from the date of the existing posting shall be extended to
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Title 11. Offenses
120 days from the date of the subsequent posting. Once premises
are initially posted as a result of an unruly residential activity and
the unruly activity has ceased, a resumption of unruly activity on the
premises resulting in another police response shall constitute a new
and separate unruly residential activity for purposes of this chapter.
C. The owner, occupant, or tenant of the posted premises shall be re-
sponsible for ensuring that the notice is not removed, defaced, or
concealed. The removal, defacement, or concealment of a posted
notice shall be a civil infraction carrying a penalty of a minimum,
mandatory $100 fine, in addition to any other penalties which may
be imposed under this chapter. The owner, occupant or tenant of
the premises or sponsor of the unruly residential activity, if present,
shall be consulted about the location where the notice is posted to
achieve both the security of the notice and its prominent display.
D. An owner, occupant, or tenant of the posted premises may contest
the posting of the notice by filing a written application for a hearing
with the Marana Municipal Court requesting that the court deter-
mine whether justification existed for posting of the notice under the
provisions of this chapter. The application shall be filed within ten
days after the posting of the notice or, if the notice is given by mail,
within ten days after mailing of the notice, and not thereafter. The
court shall set a time and date for a hearing to be held no later than
15 days after receipt of the written application for a hearing and
shall notify both the applicant and the town's prosecutor of the hear-
ing date. At the hearing, the town shall prove by a preponderance of
evidence that the posting of the notice was justified pursuant to the
provisions of this chapter.
E. The term "owner" as used throughout this chapter includes any
agent of owner acting on behalf of the owner to control or otherwise
regulate the occupancy or use of the property.
Section 11 -9 -3 Notification of property owner
Notification of the posting of the notice of unruly residential activity
shall be mailed to any property owner at the address shown on the
Pima County property tax assessment records. The notification shall
advise the property owner that any subsequent unruly activity within
120 days on the same premises shall result in liability of the property
owner for all applicable penalties as provided in this chapter. Notifica-
tion shall be made by certified mail. The return receipt shall be prima
facia evidence of service.
Section 11 -9 -4 Subsequent unruly residential activity a civil
infraction; parties liable
A. The occurrence of an unruly residential activity on the same prem-
ises more than once in any 120 -day period shall be a civil infraction.
The following parties, if found responsible for the infraction, shall be
liable for the penalties provided in section 11 -9 -5.
The owner of the property where the unruly residential activity
occurred, provided that notification of posting was mailed to the
owner of the property as provided in section 11 -9 -3 and that the
unruly residential activity occurred not less than two weeks after
the mailing of the notification.
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2. The owner, occupant, or tenant of the property where the unruly
residential activity occurred.
3. The person or persons who organized or sponsored the event
constituting the unruly residential activity.
4. Any person in attendance at the unruly residential activity who
engaged in any conduct causing the activity to be unruly.
B. Nothing in this section shall be construed to impose liability on the
owner, occupant, or tenant of the premises or sponsor of the event
constituting the unruly residential activity, for the conduct of persons
who are in attendance without the express or implied consent of the
owner, occupant, tenant, or sponsor, as long as the owner, occu-
pant, tenant or sponsor has taken all steps reasonably necessary to
exclude the uninvited persons from the premises, including owners
who are actively attempting to evict a tenant from the premises.
Where an invited person engages in unlawful conduct which the
owner, occupant, tenant or sponsor could not reasonably foresee
and could not reasonably control without the intervention of the po-
lice, the unlawful conduct of the person shall not be attributable to
the owner, occupant, tenant or sponsor for the purposes of deter-
mining liability under this section.
Section 11 -9 -5 Penalties
A. The penalty for a party found responsible for the occurrence of a
subsequent unruly residential activity, as provided in section 11 -9 -4,
shall be a minimum mandatory fine of $500 for a first violation, a
minimum mandatory fine of $1,000 for a second violation, and
minimum mandatory fines of $1,500 for each third or subsequent
violation.
B. The civil fines provided in this section shall be in addition to any
other penalties imposed by law for particular violations of law com-
mitted during the course of an unruly residential activity.
C. The court may also enter an order of abatement against a party
found responsible for a violation of this chapter.
Section 11 -9 -6 Enforcement
The police department is authorized to enforce the provisions of this
chapter provided that enforcement is initiated by a complaint from a
member of the public. The complaining member of the public shall not
necessarily be required to appear in court before a violator may be
found responsible.
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Title 12
Traffic
CHAPTER 12 -1 ADMINISTRATION ................................................................... ..............................1
CHAPTER 12 -2 TRAFFIC CONTROL ................................................................ ..............................1
CHAPTER 12 -3 PARKING ................................................................................. ............................... 6
CHAPTER 12 -4 OFF -ROAD MOTOR VEHICLE USE ........................................ ..............................8
CHAPTER 12 -5 IMPOUNDMENT OF VEHICLES ............................................. .............................10
CHAPTER 12 -6 BICYCLE HELMETS FOR MINORS ....................................... .............................11
CHAPTER 12 -7 PENALTIES ............................................................................. .............................12
{00001471. DOC I}
Title 12. Traffic
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 en-
forcement of the street traffic regulations of the town and all of the
state vehicle laws applicable to street traffic in the town, to make ar-
rests 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 com-
plaint 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 per-
son 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 main-
tained complete for at least the most recent five year period.
B. All forms for records of violations and notices shall be serially num-
bered. For each month and year, a written record shall be main-
tained 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 acci-
dents and to arrest and assist in the prosecution of those persons
charged with violations of law causing or contributing to those acci-
dents.
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 de-
termine 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
place and maintain such additional traffic control devices as neces-
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Title 12. Traffic
sary 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 regula-
tions 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 offi-
cial 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 pe-
destrians;
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 indicat-
ing the course to be traveled by vehicles turning at those intersec-
tions, 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 vehi-
cles turning thereat, no driver of a vehicle shall disobey the direc-
tions 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 limitations are clearly indicated on the signs or if the signs are
removed when the turns are permitted.
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ten by Ordinance No. 2005.22
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Title 12. Traffic
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 di-
rections 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 any one -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 op-
posite direction is prohibited.
Section 12 -2 -8 Regulation of traffic at intersections
A. The council shall by resolution designate through streets, intersec-
tions 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 in-
tersecting 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 re-
quests for permits shall state the time, place of formation, proposed
line of march, destination and any other regulations the chief of po-
lice 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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Title 12. Traffic
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 east-
erly 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 ar-
eas:
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 Bar-
nett 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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Title 12. Traffic
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 lim-
its 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 Con-
tinental 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 sus-
pected 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.
§ 28 -797.
Section 12 -2 -13 Railroad crossings
A. No person shall stop, stand or park any motor vehicle or other vehi-
cle 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
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Section 12 -2 -13 was adopted by Ordinance
nice 9nni n7
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Title 12. Traffic
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.
Chapter 12-3 PARKING See Ordinance No. 94.12 for prior history of
chapter 12 -3
Section 12 -3 -1 Method of parking
Except as otherwise provided by resolution of the council, every vehi-
cle stopped or parked upon a roadway where there are adjacent curbs
shall be so stopped or parked with the right hand wheels of the vehicle
parallel to and within 18 inches of the right hand curb.
Section 12 -3 -2 Blocking traffic
A. It is unlawful for any person to stop, stand or park any motor vehi-
cle, or other vehicle, upon a street in the town so as to leave avail- Paragraph A was rewritten by Ordinance
No. 2005.22
able less than twenty feet of the width of the roadway for the free
movement of the vehicular traffic, except that a person may stop
temporarily, in the actual loading or unloading of passengers, or
when necessary, in the observance of traffic signs or signals of a
police officer.
B. It is unlawful for any person to park a motor vehicle, or other vehi-
cle, within an alley or entrance to a private driveway except for the
loading or unloading of materials, and not then unless the loading or
unloading of materials can be accomplished without blocking the al-
ley to the free movement of vehicular traffic.
Section 12 -3 -3 Authority to erect signs restricting parking
The town engineer, upon approval by the council, may erect signs re-
quiring parking at an angle to the curb, allowing parking on the left
hand curb on one -way streets, notifying drivers that parking is prohib-
ited and restricting parking in any way that may be necessary. No
parking restrictions shall become effective until the restricted parking
area is specifically designated by resolution of the council, and signs
have been erected as authorized by this section; provided, that all
signs restricting parking now in place are hereby ratified and approved
as so placed. It is unlawful for any person to stop or park a vehicle in
disobedience to the parking restrictions.
Section 12 -3 -4 Parking vehicles on sidewalks
It is unlawful for any person to park any vehicle, whether in usable
condition or not, or for an owner to permit his vehicle to be parked
upon any sidewalk in the town.
Section 12 -3 -5 Stopping, standing or parking in places reserved
for handicapped
A. Except as provided in subsection D of this section, no person may
stop, stand or park a motor vehicle within any specially designated
and marked parking space provided in accordance with this section
for physically disabled persons unless the motor vehicle is trans -
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Title 12. Traffic
porting a person eligible for the distinguishing insignia placard or
number plates bearing the international wheelchair symbol, and ei-
ther:
1. The motor vehicle displays the distinguishing insignia placard; or
2. The motor vehicle displays number plates bearing the interna-
tional 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 per-
son in whose name the vehicle is registered shall be prima facie re-
sponsible for the violation and subject to the penalty for it.
C. If a law enforcement officer employed by the town finds a motor ve-
hicle in violation of this section, the officer shall issue a complaint
which shall be attached or placed upon the vehicle which is unlaw-
fully 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 momen-
tarily in any such parking space for the purpose of loading or
unloading the physically disabled person. No complaint shall be is-
sued to the driver for such momentary parking.
E. Parking spaces reserved for handicapped persons shall be desig-
nated on privately owned property as provided by the town land de-
velopment code. Each such parking space shall be prominently out-
lined 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 department of transportation bearing
the internationally accepted wheelchair symbol and the caption "re-
served parking ". The designation of such parking spaces as pro-
vided in this chapter or as required pursuant to the town land devel-
opment code shall authorize police officers, and other duly author-
ized agents, to enforce the provisions of this section and shall con-
stitute 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 person in possession shall be deemed to have consented
by such designation.
F. The chief of police will have the authority to institute a volunteer
handicapped parking enforcement specialist program. The chief of
police may authorize special volunteers to issue citations only to
persons who violate this section of this title.
Section 12 -3 -6 Unarmed police aides
Unarmed police aides may be employed by the police department and
shall be empowered to commence an action or proceeding before a
court or judge for any violation of town ordinances or this code regulat-
ing the standing or parking of vehicles. The authority of the unarmed
police aide shall be strictly limited to the enforcement of the ordinances
regulating the standing or parking of vehicles, and such aides are not
granted any other powers or benefits to which peace officers of the
town are entitled.
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Title 12. Traffic
Chapter 12 -4 OFF -ROAD MOTOR VEHICLE USE
Ordinance No. 2003.09 modified the title of
Section 12 -4 -1 Definitions
chapter 12 -4 from "Off -road recreational mo-
In this chapter, unless the context otherwise requires:
tor vehicles"
A. "Off -road recreational vehicle" means two -, three- and four -wheel
section 12 -4 -1 was rewritten by Ordinance
motor vehicles manufactured or converted for recreational non high-
No. 2003.09
way 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 recrea-
tional 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 flood -
plain terraces.
Section 12 -4 -2 Prohibited uses
Ordinance No. 2003.09 added subpara-
A. No person shall operate an off -road recreational vehicle:
graph (A) (8) and paragraph 8 and made
1. Upon any portion of any publicly owned wash or riverbed within
other minor revisions to section 12 -4 -2
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,
institutional, educational, retail sales, hotel or business premises;
or
4. At a speed greater than is reasonable and prudent under the cir-
cumstances, 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
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Title 12. Traffic
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 oper-
ating 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.
B. For the purposes of this section, identification for minors may in-
clude 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, pub-
lic utility companies, sand and gravel operations and other similar
enterprises;
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Ordinance No. 2003.09 amended the intro-
ductory paragraph of section 12 -4 -1 to add
"or an off -road recreational vehicle"
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Title 12. Traffic
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 sec- Ordinance No. 2003.09 amended para-
tion 12- 4- 2(A)(3) Or section 12- 4- 2(B)(3). graph A to add "or section 12 -4- 2(8)(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.
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 fol-
lowing 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 pos-
session of a motor vehicle;
3. Pending forfeiture action as prescribed by A.R.S. § 3 -3413,
§ 13 -2301 or § 13 -4305 or other applicable statutes;
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 nor-
mal 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. § 28 -692,
§ 28 -411 § 28- 422.01, § 28 -471, § 28 -473 or § 28 -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 offi-
cer knows or is able to ascertain from the registration records in the
vehicle the name and address of the vehicle owner, the officer shall
MARANA TOWN CODE 12 -10 1111512005
{00001471.DOC I}
Title 12. Traffic
immediately give or cause to be given notice telephonically, in per-
son or in writing to the owner of the fact of the removal and the rea-
sons 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 Vehi-
cle 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 descrip-
tion 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 im-
pounded 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.
B. If forfeiture proceedings are initiated and later discontinued, the ve-
hicle will be released to the vehicle owner upon payment of the tow-
ing 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 conclu-
sion of all available appeals) the vehicle shall be returned to the
owner of the vehicle, subject to the payment of all towing and stor-
age 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 manner provided
by A.R.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 bi-
cycle, or ride in a device towed by a bicycle without wearing a hel-
MARANA TOWN CODE
{00001471.DOC I}
12 -11
Chapter 12 -6 was adopted by Ordinance
No. 96.33, which renumbered chapter 12 -7 to
conform
1111512005
Title 12. Traffic
met 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 pas-
senger 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).
Chapter 12 -7 PENALTIES
Section 12 -7 -1 Violations — chapter 12 -3
Any violation of chapter 12 -3 shall be a civil traffic violation. Upon a
finding that an owner or operator is responsible for a violation of this
chapter, the court shall impose a civil sanction of not less than $50 or
greater than $250 for the violation. No person shall park in a parking
space that is properly marked for handicapped parking only unless
they meet the requirements of A.R.S. § 28 -844. Chapter 12 -3 shall be
enforceable on any public or private property within the town limits.
Section 12 -7 -2 Violations — chapter 12 -4
Any violation of chapter 12 -4 shall be a civil traffic violation. Upon a
finding that an owner or operator is responsible for a violation of this
chapter, the Court shall impose a civil sanction of not less than $50 or
greater than $250, which shall not be suspended, shall be imposed on
any person found responsible for a violation of section 12 -4 -2.
Section 12 -7 -3 Violations of section 12 -2 -12
Any violation of section 12 -2 -12 which would be defined under title 28,
Arizona Revised Statutes as a civil or criminal traffic violation, shall
constitute a traffic violation, either criminal or civil, as so designated
under title 28, Arizona Revised Statutes.
Section 12 -7 -4 Violations of chapter 12 -6
A. Any person in violation of chapter 12 -6 shall be found guilty of a civil
infraction and be required to pay a minimum fine of $50 which can-
not be suspended except pursuant to section 12- 7 -4(B).
B. The penalties provided in this section for a violation of section
12- 6 -1(A) may be waived if an 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 by this section.
MARANA TOWN CODE 12 -12
{00001471.DOC I}
Section 12 -7 -2 was rewritten by Ordinance
No. 98.08
Section 12 -7 -4 was adopted by Ordinance
No. 96.33, which renumbered section 12 -7 -5
(now section 12 -7 -6) to conform
1111512005
Title 12. Traffic
Section 12 -7 -5 Violations of section 12 -2 -13
A person who is convicted of a violation of section 12 -2 -13 is guilty of a
class 1 misdemeanor. Any person found guilty of a violation of section
12 -2 -13 shall be assessed as follows:
A. Any violation of section 12- 2 -13(A) shall require a minimum fine of
$250, which shall not be suspended.
B. Any violation of section 12- 2 -13(B) shall require a minimum fine of
$500, which shall not be suspended.
C. Any violation of section 12- 2 -13(A) or (B) that results in injury to any
person, or damage to any property, shall require a minimum fine of
$1,000, which shall not be suspended.
D. Any person required to pay a fine under this section who has previ-
ously been found responsible for violation of section 12 -2 -13 shall
be required to pay double the amount set forth in this section, which
shall not be suspended.
Section 12 -7 -6 Other violations
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 section or under state law. 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 otherwise designated in this
section or under state law.
MARANA TOWN CODE 12 -13
{00001471.DOC I}
Section 12 -7 -5 was adopted by Ordinance
No. 2001.07, which renumbered section
12 -7 -6 to conform
1111512005
Title 13
Parks &Recreation
CHAPTER 13 -1 PARKS AND RECREATION REGULATIONS ......................... ..............................1
{00001471.DOC I}
Title 13. Parks & Recreation
TITLE 13. PARKS & RECREATION
Title 13 was adopted by Ordinance No. 96.02
Chapter 13 -1 PARKS AND RECREATION REGULATIONS
Section 13 -1 -1 Domestic animals and pets
A. No domestic animals or other pets are permitted to be at -large in
town parks and recreation areas. Domestic animals and pets must
be restrained by a cage or a leash of not more than six feet in
length and of sufficient strength to control the animal. Dogs over
four months of age must wear a valid license on a collar.
B. Animals participating in pet shows or classes approved by the town
shall be exempt from the restraint requirement, provided that the
animal is accompanied by and under the control of its owner or han-
dler.
C. Dog owners or handlers must clean up all litter created by the ani-
mal and place it in trash cans. Owners of seeing eye dogs are ex-
empted.
D. Certified police dogs, police dogs in training, certified human assis-
tance animals or those in training, and their handler or trainers
when directing those dogs or other animals are exempt from the
provisions of subsection A of this section.
Section 13 -1 -2 Intoxicants and disturbing the peace
Ordinance No. 97.20 amended section 13 -1 -2
A. No person shall consume spirituous liquor in town parks and recrea-
by rewriting paragraph A and adding the last
tion areas, including parking lots and driveways, except that beer
sentence to paragraph 8
may be consumed when the appropriate permit is obtained from the
town, consumption remains in compliance with the terms of the per-
mit, and the consumption complies with all state laws.
B. "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila,
mescal, gin, wine, port, ale, beer, any malt liquor, malt beverage,
absinthe or compound or mixture of any of them, or of any of them
with any vegetable or other substances, alcohol bitters, bitters con-
taining alcohol, and any liquid intoxication, fruits preserved in ardent
spirits and beverages containing more than .05% alcohol by vol-
ume. "Beer" means any beverage obtained by the alcoholic fermen-
tation, infusion, or decoction of barley malt, hops, or other ingredi-
ents not drinkable, or any combination of them.
C. No person shall maliciously and willfully disturb the peace or quiet
of a neighborhood, family or person by loud or unusual noise, tu-
multuous or offensive conduct, threatening, traducing, quarreling,
challenging to fight or fighting, applying any violent, abusive or ob-
scene epithets to another.
Section 13 -1 -3 Use and occupancy rules and regulations
A. It is unlawful in any town park to:
1. Operate motorbikes, motorcycles or other motor vehicles on
trails, or cross country or on primitive unsurfaced roadways that
have been posted, signed or barriered to prohibit vehicle use or
on lawns or landscaping.
2. Operate a motor vehicle except on roads and parking areas des-
ignated for those purposes; to operate a motor vehicle at a
1111512005
MARANA TOWN CODE 13 -1
{00001471.DOC I}
Title 13. Parks & Recreation
speed greater than that posted or to fail to obey traffic signs. In
all cases, motor vehicles shall be operated in compliance with
the Arizona Motor Vehicle code as provided under title 28,
A.R.S., while within the boundaries of any town parks or recrea-
tion area.
3. Destroy, damage, deface or remove any town regulatory sign,
property or facility owned or administered by the town.
4. Use town park or recreation areas for commercial purposes, pub-
lic meetings or assemblies, erection of signs, fences, barriers or
structures, to distribute advertising materials or to sell any goods
or services without first obtaining a written permit from the town.
5. Litter, deposit or abandon in or on any town park, parkway or rec-
reational facility any garbage, sewage, refuse, trash, waste or
other obnoxious materials except in receptacles or containers
provided for those purposes. These receptacles are not to be
used for residential trash disposal.
6. Enter upon or use for any purpose the land, water or facilities
within the boundaries of town parks and recreation areas when a
fee, rental, admission or other consideration has been estab-
lished for that use, unless the person entering or using the land,
water or facility has paid the fee, rental, admission or other con-
sideration to the town.
7. Enter, use or occupy public parks or recreation areas under the
supervision and control of the town for any purpose when the
parks or areas are posted against that entrance, use or occu-
pancy.
8. Possess, carry or discharge firearms or other weapons in the
town public parks except in designated rifle or pistol ranges, to
shoot with bow and arrow except in designated archery ranges
or for specific purposes, locations and seasons as licensed and
permitted by Arizona Game and Fish regulations.
9. Bring saddle, pack or draft animals into a town park site unless it
has been developed to accommodate them and is posted ac-
cordingly.
10. Allow grazing or forage consuming domestic livestock to graze
or to roam at -large within the fenced or posted boundaries of
town parks.
11. Build fires, except in designated places, or in fireplaces, stoves
or grills either provided or approved by the town.
12. Operate any aircraft of any nature or parachute or hang glide on
town park property except in areas designated for that use or in
an emergency or by permit issued by the town.
13. Collect, remove, destroy, mutilate, damage or deface any natu-
ral resource including but not limited to all live and dead vegeta-
tion and all parts of it, wildlife, soil, rocks and water, except as
otherwise provided for by law or without obtaining prior written
approval from the town. Except as otherwise planned for and
provided for by the town, all environmental settings shall be kept
in their natural state.
MARANA TOWN CODE 13 -2
{00001471.DOC I}
1111512005
Title 13. Parks & Recreation
14. Bicycle, skateboard, roller skate or roller blade on tennis or bas-
ketball courts, or on any other surface which is marked to pro-
hibit these activities.
15. Possess glass containers.
B. Hours of park established. The parks and recreation areas, unless
otherwise posted, shall be open from 7:00 a.m. until 10:00 p.m.
Section 13 -1 -4 Violations and penalties
A person or corporation who violates any of the foregoing rules and
regulations is guilty of a class 1 misdemeanor, punishable by a maxi-
mum fine of $2,500, a maximum term of incarceration of six months,
and a maximum length of probation of three years.
Section 13 -1 -5 Town employees
In addition to any authority created by state law, town employees des-
ignated by the town manager shall also have authority to order viola-
tors of the above rules and regulations to leave the parks and recrea-
tion areas.
MARANA TOWN CODE
{00001471.DOC I}
13 -3
Ordinance No. 97.20 added subparagraphs 14
and 15 and paragraph 8
1111512005
Title 14
Water
A
CHAPTER 14 -1 GENERAL PROVISIONS ......................................................... ..............................1
CHAPTER 14 -2 RESPONSIBILITIES ................................................................ ............................... 2
CHAPTER 14 -3 WATER SERVICE .................................................................... ..............................4
CHAPTER 14 -4 CONSTRUCTION AND FINANCING OF WATER FACILITIES ............................7
CHAPTER 14 -5 SERVICE AREA INCLUSION AND FEES .............................. .............................10
CHAPTER 14 -6 PROVISION OF WATER UTILITY SERVICE .......................... .............................12
CHAPTER 14 -7 WATER RATES AND CHARGES ........................................... .............................17
CHAPTER 14 -8 EMERGENCY WATER CONSERVATION RESPONSE ......... .............................19
CHAPTER 14 -9
CHAPTER 14 -10
CHAPTER 14 -11
BACKFLOW PREVENTION AND CROSS - CONNECTION CONTROL ..............22
VIOLATIONS ........................................................................... .............................31
AMENDMENTS AND PUBLIC HEARING ............................... .............................31
{00001471. DOC I}
Title 14. Water ffb
TITLE 14. WATER
Title 14 was adopted by Ordinance No. 96.06
Town of Marana Municipal Water System
Chapter 14 -1 GENERAL PROVISIONS
Section 14 -1 -1 Intent and purpose
A. It is the intent and purpose of the council, by adopting this title, to
promote the health, safety, order and general welfare of the present
and future inhabitants of the town, and specifically to:
1. Provide for safe and reliable water utility service to the inhabi-
tants of the town;
2. Provide for the financial integrity of the town water utility;
3. Protect the health, safety and welfare of the inhabitants of the
town;
4. Manage the water resources of the town to protect the existing
inhabitants of the town and to facilitate the economic develop-
ment of the town;
5. Develop water resources for the benefit of the inhabitants of the
town;
6. Provide for the expansion and improvement of the town's water
Ordinance No. 98.19 inserted "of" in lace of
p
utility system; and
"to" in paragraph 6
7. Secure economy in municipal expenditures and facilitate ade-
quate provision of water system capacity and improvement.
Section 14 -1 -2 Definitions
A. In this title, unless the context otherwise requires:
1. "Applicant" means a person requesting the town to supply water
service.
2. "Application" means a request to the town for water service or
service area inclusion, as distinguished from an inquiry, as to the
availability or charge for that service or inclusion.
3. "Commodity charge" means the unit cost of billed usage as set
forth in the water rates and charges.
4. "Contributions in aid of construction" means funds provided to the
town water utility by the applicant under the terms of a main ex-
tension agreement or service connection agreement, the value of
which are not refundable.
5. "Customer" means the person or entity in whose name service is
Ordinance No. 98.19 inserted "contract" in
rendered, as evidenced by the name on the application or con-
place of "contractor" in paragraph 5
tract for that service, or by the receipt or payment of bills regu-
larly issued in his name regardless of the identity of the actual
user of the water service.
6. "Distribution main" means a water main of the town water utility
from which service connections may be extended to customers.
7. "Main extension" means the mains and ancillary equipment nec-
essary to extend the existing water distribution system to provide
service to additional customers.
MARANA TOWN CODE 14 -1 1111512005
{00001471.DOC I}
Title 14. Water ffb
8. "Master meter" means a meter for measuring or recording the
flow of water at a single location where the water is transported
through a piping system to tenants or occupants for their individ-
ual consumption.
9. "Meter" means the instrument for measuring and indicating or re-
cording the volume of water that has passed through it.
10. "Meter tampering" means a situation where a meter has been il-
legally altered. Common examples are meter bypassing, use of
magnets to slow the meter recording, and broken meter seals.
11. "Minimum charge" means the amount the customer must pay
for the availability of water service, including 1,000 gallons of us-
age.
12. "Point of delivery" means the point where facilities owned,
Ordinance No. 2005.22 deleted a redundant
leased or under license by a customer connect to the town water
definition of "person" (see section 1 -3 -2)
utility's pipes at the outlet side of the meter.
13. "Premises" means all of the real property and apparatus em-
ployed by a single enterprise on an integral parcel of land undi-
vided by public streets, alleys or other rights -of -way or ease-
ments.
14. "Service line" means a water line that transports water from a
common source (normally a distribution main) of supply to the
A definition of "town" was added by Ordinance
No. 98.19 and deleted as redundant by Ordi-
customer's point of delivery.
nance No. 2005.22 (see section 1 -3 -2)
Chapter 14 -2 RESPONSIBILITIES
Section 14 -2 -1 Responsibilities of the council
Section 14 -2 -1 was amended by Ordinance
A. Adoption of comprehensive water development plan The council
No. 98- 19, which deleted former paragraph A
may adopt a comprehensive water system development plan for the
entitled 'Appointments" and renumbered the
town system Or any part of it. Upon adoption of a comprehensive
remaining paragraphs to conform, and changed the cross - reference in paragraph E
water system development plan, the council shall assure that no ex-
tension, improvement or addition to the town water utility system or
facilities over which the town has jurisdiction shall be constructed or
authorized until and unless the extension, improvement or addition
to the town water utility system or facilities shall be determined to
conform to the comprehensive water system development plan.
B. Adoption of water utility construction standards The council shall be
empowered to adopt and amend engineering design and construc-
tion standards for improvements to, extensions of, additions to, and
modifications of the town water utility system.
C. Management of water system by independent contractor The
council may, at its sole option and discretion, provide that the man-
agement of the town water utility system be accomplished by the
use of an independent contractor. If the council determines that it is
in the best interests of the inhabitants of the town to have the town's
water utility managed by an independent contractor, the council
shall select bids and proposals from individuals and entities with
proven water utility management experience. Management fees are
to be paid by the town from water utility revenues for management
services.
MARANA TOWN CODE 14 -2 1111512005
{00001471.DOC I}
Title 14. Water ffb
D. Water utility to be enterprise fund based There is established by
this title a separate water utility fund, and all monies paid to the
town pursuant to provisions of this title for, but not limited to, water
service charges, fees, construction of facilities, fines and penalties
shall be deposited into the water utility fund, and all expenditures
made by the town in relation to the town's ownership, operation,
maintenance, repair, expansion, acquisition, management, salaries,
professional fees, debt service, bond payments and other costs and
charges shall be paid from the water utility fund. The town council
may make loans from the general fund to the town water utility fund
from time to time to supplement revenues generated by the town
water utility to assure the timely payment of all obligations of the
water utility, provided that the loans are timely repaid from the water
utility fund to the general fund, together with interest. It is hereby
declared to be the express policy and intent of the town that the
town water utility shall be a self- supporting utility funded solely from
revenues generated from utility operations. All fees and charges
levied by the town in relation to its water utility shall be, to the de-
gree practical, based on the cost of providing the service for which
a fee or charge is levied. All fees and charges levied and collected
by the town shall be uniform for the class of service or type of ser-
vice provided throughout the water utility of the town.
E. Amendments The council may amend this code from time to time
by simple majority vote of the entire council membership at a public
meeting of the council, subject to the requirements of chap-
ter 14 -11.
Section 14 -2 -2 Water utility director
A. Duties In addition to those duties and responsibilities enumerated
in this title, the director of the town water utility shall be responsible
for the day to day management of the town water system including,
but not limited to, the inspection and repair of the water system, suf-
ficiency of water supply, enforcement of this title, review of all engi-
neering plans, review of all contracts, preparation of water system
development plans, improvement or expansion plans, collection of
all funds due to the town water utility, compliance with federal, state
and local health regulations, compliance with federal, state and lo-
cal ordinances and requirements in general, and preparation of an-
nual budgets and preparation of capital improvement plans.
Section 14 -2 -3 Water utility advisory committee
A. Creation There is hereby established an entity to be called the Wa-
ter utility advisory committee. Members shall be appointed by a ma-
jority vote of the mayor and council.
B. Functions and purposes The functions, purposes, powers and du-
ties of the Water utility advisory committee shall be to:
1. Act as the official advisory body on water capital improvement
program planning and rate structure formulation to the council;
2. Annually review the proposed water system capital improvement
program and recommend to the council an annual and five year
capital budget;
MARANA TOWN CODE 14 -3
{00001471.DOC I}
Section 14 -2 -2 was amended by Ordinance
No. 98.19, which rewrote the beginning of
paragraph A and deleted former paragraphs 8
and C respectively entitled "Terms" and "Com-
Densation"
1111512005
Title 14. Water ffb
3. Annually review the water revenue requirements of the water util-
ity and recommend to the council rate adjustments as required;
4. Review and report to the council on the comprehensive water
system development plan and any long term (ten- to 50 -year)
water source and capital needs of the water system, utilizing
staff of the town and other sources for the information necessary
for that review;
5. Support and sponsor community programs and projects to pro-
vide information and education to the community regarding the
town water utility;
6. Review and make recommendations on proposed state and fed-
eral legislation relating to water;
7. Review and make recommendations on proposed acquisition of
private water companies and expansion of the water utility ser-
vice area;
8. Consult with the council from time to time as may be required by
the council relative to water related issues.
C. Membership composition; terms and qualifications The Water utility
advisory committee shall be composed of seven members, two of
whom shall be residential customers, one of whom shall be a com-
mercial customer, one of whom shall represent agricultural interests
and three of whom shall represent areas of the town at- large. Mem-
bers of the water utility advisory committee shall serve terms of
three years, which terms shall be staggered. The initial members of
the water utility advisory committee shall draw lots to determine
which four members shall have an initial term of one year and which
three members shall have an initial term of three years. Thereafter
members shall serve terms of three years.
D. Committee organization The Water utility advisory committee
chairperson and a vice - chairperson shall be selected by a majority
of the committee members annually on the second Monday of De-
cember and shall appoint their own executive committee, standing
committees and subcommittees and shall meet at the time and
places determined by the committee.
E. Committee reports The Water utility advisory committee shall ren-
der to the council an annual report on or before March 1 and send
additional reports and recommendations as it determines or as re-
quested by the town manager. Minutes of the committee shall be
filed with the town clerk.
F. Limitation of powers Neither the Water utility advisory committee
nor any member of the committee may incur town expenses without
prior authorization of the council, nor may it obligate the town in any
manner or form.
Chapter 14 -3 WATER SERVICE
Section 14 -3 -1 Application for service
A. Water utility service may only be provided pursuant to a written ap-
plication on forms provided by the town for that purpose. The town,
as a condition precedent to approving an application for water ser-
MARANA TOWN CODE
{00001471.DOC I}
14 -4
Ordinance No. 96.35 amended paragraph C to
insert "four members" and "three members" in
place of "three members" and "two members"
in the penultimate sentence
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Title 14. Water ffb
MARANA TOWN CODE 14 -5 1111512005
{00001471.DOC I}
vice to any premises, shall collect all installation and other charges
required by this title. Title to all pipes, fittings and other water facili-
ties shall be and remain in the town. Where service is requested by
two or more individuals, the town shall have the right to collect the
full amount owed for water utility service from any one of the appli-
cants at the town's discretion.
B.
The following minimum information shall be required from each new
"social
applicant for water utility service:
Ordinance No. 98.19 added security
number, or driver's license number" to para
1. Name of applicant, social security number, or driver's license
graph (B) (1) and added paragraph (B) (9)
number;
2. Service address or location and telephone number;
3. Billing address and telephone number if different than service
address;
4. Address where water service was provided previously;
5. Date applicant will be ready for service;
6. Indication of whether premises have been supplied with water
utility service previously;
7. Purpose for which service is to be used;
8. Indication of whether applicant is owner, tenant or agent for the
premises;
9. Place of employment.
Section 14 -3 -2 Deposits
A.
Requirement of deposit; amount The town may require a deposit
from an applicant for service not to exceed twice the average
monthly bill for the account or in the case of a new account, twice
the estimated monthly bill, or in the case of an account which has
shown delinquency for three consecutive months as a condition of
providing water service. A separate deposit may be required for
each meter installed. The town may review the customer's water
usage after service has been connected and adjust the deposit
amount up or down based on the customer's actual water usage.
B.
Interest on deposit; refund of deposit Customer deposits shall be
deposited in a bank account of the town's choosing. No interest
shall be paid to customers on deposits. The individual in whose
Ordinance No. 98.19 deleted "guaranteed"
name the deposit is made shall be responsible for the payment of
before "deposit" and deleted "upon closing of
all bills incurred in connection with the service furnished. The de-
the account" after "collection office" in the last
posit is not negotiable and can be redeemed only p g Y at the town water
sentence
utility collection office.
C.
Use of deposit for payment of bill Upon discontinuation of service,
the deposit will be applied by the town toward settlement of the ac-
count.
D.
Homeowner customers For new customers who are homeowners
with three former outstanding utility credit references, the deposit
Ordinance No. 98.19 added paragraph D
may be waived. For existing homeowners and any homeowners
who have to make deposits, the deposit will be credited to their ac-
count after one year of outstanding credit history.
MARANA TOWN CODE 14 -5 1111512005
{00001471.DOC I}
Title 14. Water
Section 14 -3 -3 Bond
The town may, at its option, require a utility service bond in lieu of a
cash deposit for commercial and industrial applicants for service. The
utility service bond shall be on a form approved by the town attorney,
and the town water utility director shall have the power to execute the
bond on behalf of the town. The provisions of sections 14 -3 -1
and 14 -3 -2 shall apply to utility service bonds.
Section 14 -3 -4 Grounds for refusal of service
A. The town may refuse to establish water utility service if any of the
following conditions exist:
1. The applicant has an outstanding amount due for water service
with the town, and the applicant does not bring current any out-
standing bills;
2. A condition exists which in the town's judgment is unsafe or haz-
ardous to the applicant, a resident of the town or the town's per-
sonnel or facilities;
3. Refusal by the applicant to provide the town with a water utility
deposit;
4. Failure of customer to furnish such funds, service, equipment or
rights -of -way necessary to serve the customer and which has
been specified by the town as a condition for providing water util-
ity service;
5. Applicant provides false information for the purpose of obtaining
service.
Section 14 -3 -5 Temporary service
Applicants for temporary water service may be required to pay the
town, in advance of service establishment, the estimated cost of in-
stalling and removing the facilities necessary for furnishing the desired
service. The applicant may be required to advance a sum of money
equal to the estimated bill for service. Where the duration of service is
to exceed one month, the applicant may also be required to pay the
deposit for service required by the town. Any service for a period of
more than six months shall be deemed a permanent service, and pro-
visions of this title relating to permanent service shall apply.
Section 14 -3 -6 Service lines, valves and meters
An applicant for water utility service shall be responsible for the cost of
installing all customer piping up to the meter. Where water service is
being provided for the first time or to a new customer, the customer
shall provide and maintain a private cutoff valve within eighteen inches
of the meter on the customer's side of the meter. The town may install
its water meter at the property line or, at the town's option, on the cus-
tomer's property. Where the meter or service line location on the cus-
tomer's premises is changed at the request of the customer or due to
alterations on the customer's premises, the customer shall provide and
have installed at his expense all piping necessary for relocating the
meter, and the town may charge for moving the meter or service line.
The customer's lines or piping must be installed in a way that prevents
cross - connection or backflow.
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Title 14. Water
Section 14 -3 -7 Easements and rights of -way
Each customer of the town water utility shall grant adequate easement
or right -of -way satisfactory to the town to ensure that customer's ser-
vice connection is accessible by the town. Failure on the part of the
customer to grant adequate easement or right -of -way shall be grounds
for the town to refuse water utility service. When the town discovers
that a customer or his or her agent is performing work or has con-
structed facilities adjacent to or within an easement or right -of -way and
the work, construction or facility poses a hazard or is in violation of
federal, state or town laws, ordinances, statutes, rules or regulations,
or may significantly interfere with the town's access to its water utility
facilities or equipment, the town shall notify the customer or his or her
agent and shall take whatever actions are necessary to eliminate the
hazard, obstruction or violation at the customer's expense.
Chapter 14 -4 CONSTRUCTION AND FINANCING OF WATER
FACILITIES
Section 14 -4 -1 Agreements to construct new facilities
A. Approval of agreements to construct new facilities The council may
permit the construction of water facilities to provide water service in
areas where no water service is available, or where existing water
facilities are inadequate in the sole opinion of the council to serve
the proposed new customers. Agreements for construction of water
facilities shall provide that all costs be at the sole expense of the
applicant for service, except as otherwise noted in the agreement.
Costs shall include, but not be limited to, engineering and design
fees, materials, labor, applicable taxes, permits and inspection fees.
Facilities shall include, but not be limited to, wells, pumps, storage
tanks and reservoirs, mains, valves, meters and other appurte-
nances to the water system both within an applicant's proposed de-
velopment as well as outside the development if the facilities are
deemed necessary or desirable in the sole opinion of the town to
serve the new development. All agreements for the construction of
water facilities shall be subject to the final approval of the council.
No agreement for the construction of water facilities shall be submit-
ted for approval by the council unless the agreement has been re-
viewed and approved by the town attorney, and the engineering
plans have been approved by the town engineer and the director of
the town water utility.
B. Main extension agreements Before construction is commenced, the
applicant for the extension of mains shall be required to pay to the
town, as a nonrefundable advance in aid of construction, the esti-
mated cost of all mains, including all valves and fittings, and any
water production, storage or pressure system, as deemed neces-
sary and convenient by the town to provide water service to appli-
cant's property.
1. Upon request by a potential applicant for a main extension, the
town water utility will prepare a preliminary sketch and prelimi-
nary estimate of the cost of installation to be paid by the appli-
cant. The town reserves the right to require applicant to pay the
costs of the preliminary sketch and rough estimate. Any appli-
cant for a main extension requesting the town water utility to
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Ordinance No. 98.19 moved "before construc-
tion is commenced" from the middle to the be-
ginning of paragraph 8
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Title 14. Water ffb
prepare detailed plans, specifications or cost estimates shall be
required to deposit with the town an amount equal to the esti-
mated cost of preparation and review. The town water utility
shall, upon written request, make available to applicant within
sixty days after receipt of the deposit referred to in this para-
graph, the plans, specifications or cost estimates of the proposed
main extension. This deposit shall be nonrefundable.
2. If the town's actual cost of construction is more than the amount
advanced by the applicant, the applicant shall pay the balance
due to the town within thirty days after the completion of the con-
struction.
3. At a minimum, main extension agreements shall have the follow-
ing written requirements:
a. Name and address of applicant;
b. Proposed service address;
c. Description of requested service;
d. Description, if any, of the requested line extension;
e. Itemized cost estimate to include materials, labor and other
costs as necessary;
f. Payment terms;
g. A clear and concise explanation of any oversizing refund pro-
visions, if applicable.
4. The size, design, type and quality of materials of the system, in-
stalled pursuant to agreement with the town, locations in the
ground and manner of installation, shall all be specified by the
town and shall be in accordance with the requirements of other
public agencies having authority.
5. All pipelines, valves, fittings, wells, tanks, reservoirs or other fa-
cilities installed by agreement with the town shall be the sole
property of the town, and parties making advances in aid of con-
struction under this title shall have no right, title or interest in any
such facilities.
Section 14 -4 -2 Construction other than by town
A. Construction The council, at its sole discretion and option, may
permit construction of water facilities by private contract upon writ-
ten application. The facilities will be constructed at the sole expense
and cost of the applicant within streets, avenues, alleys and rights -
of -way pursuant to grants of easements subject to payment of any
excavation, permit or other fees which are due to the town.
B. Approval of construction plans and inspections Plans for construc-
tion of water facilities to be constructed other than by the town shall
be provided by applicant, certified by a registered professional en-
gineer and approved by the town engineer and director of the town
water utility. The construction of water facilities authorized and ap-
proved by the council will be inspected by the town engineer or his
authorized representative and will comply in every respect with the
engineering, construction, material and installation standards of the
town.
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14 -8
Ordinance No. 98.19 slightly reworded the in-
troduction to paragraph (B)(3)
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Title 14. Water
C. Construction agreement With each application for a permit for the
construction of water facilities authorized by this section, the appli-
cant shall execute and deliver to the director of the town water util-
ity, in duplicate, the agreement for construction of water facilities by
private contract. If the agreement conforms to the provisions of this
title, the town water utility director may submit the agreement for
approval to the council. The applicant shall further provide a bond in
a form and in an amount satisfactory to the director before com-
mencing any construction.
Section 14 -4 -3 Capacity requirements
A. Water system capacity requirements The director of the town water
utility may require an applicant to install "on- site" or "off- site" water
facilities of a size greater than is required to provide service to ap-
plicant's development, referred to as oversizing.
B. Refunds Refunds of the cost of oversizing shall be solely by
agreement approved by the council. Should a water distribution
main installed pursuant to this section be installed so as to provide
water service to a property not participating in the construction cost,
(referred to as "non- participating property ") the town may enter into
an agreement for partial refund of the cost of the water main so in-
stalled, subject to the following:
1. In no case will the agreed refunded amount exceed the total
funds to be collected as oversizing charges pursuant to this sec-
tion;
2. Refunds shall continue for a maximum of 15 years from the date
of the agreement. Any balances remaining unpaid shall be con-
sidered canceled, and the town shall be fully discharged from
any further obligation under the agreement;
3. The amount of the annual refund shall not exceed 10% of the
gross revenue derived from water sales from the benefiting but
non - participating property;
4. In no event shall the town be liable to pay any interest on any
amount of costs advanced by an applicant which are agreed to
be refunded by the town.
C. Oversizing recovery charge In lieu of annual refunds from the gross
revenue derived from water sales from the benefiting but non-
participating property, the council may, at its sole option, establish
an "oversizing recovery charge" to be charged against non-
participating property for each subsequent connection by non-
participating property owners made to or benefiting from the water
facilities previously paid for by a prior applicant, and provide by
agreement with the applicant funding the oversizing for refund of
the oversized capacity costs from revenues derived from the over -
sizing recovery charge.
1. The oversizing recovery charge shall be determined by comput-
ing the total cost of the water facility improvement, by determin-
ing other property which will benefit from the oversized capacity,
by allocating the capacity installed between the original appli-
cant's property and any non - participating property benefiting
from the capacity installed, and by determining a per connection
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Title 14. Water ffb
pro rata cost share for the oversized capacity by meter size of
new connections. The per connection pro rata cost share for the
oversized capacity shall be the oversizing recovery charge.
2. No oversizing recovery charge shall be levied or collected by the
town unless approved by the council. No oversizing recovery
charge shall be in effect for more than 15 years.
3. Proceeds from an oversizing recovery charge authorized by the
town to pay for oversized capacity installed at the expense of an
original applicant shall be used to refund the applicant's costs in-
curred for the oversizing. The town shall, on or before June 30th
of each calendar year, pay to the applicant pursuant to an ap-
proved refund agreement, the proceeds collected from the over -
sizing recovery charge applicable to applicant's water system
oversizing costs derived from non - participating property. At the
end of 15 years from the date of the agreement and effective
date of the applicable oversizing recovery charge, any balances
remaining unpaid shall be considered canceled, and the town
shall be fully discharged from any further obligation under the
agreement.
4. No interest shall be paid by the town for any amount agreed to be
refunded pursuant to an agreement under this section.
Chapter 14 -5 SERVICE AREA INCLUSION AND FEES
Section 14 -5 -1 General provisions
Section 14 -5 -1 was added by Ordinance
A. Water improvements The developer shall design and construct a
No. 98.19, which also renumbered the remain -
water pumping and delivery system to the greater of the design
ing paragraphs of chapter 14 -5 to conform
standards of (i) the city of Tucson water department, or (ii) the town
water department, capable of serving the water needs of all com-
mercial and noncommercial development, sized to serve the maxi-
mum authorized development of the property. Upon completion of
each portion of the system and when a rate analysis shows that
portion of the water system to be financially self- sustaining, the de-
veloper shall dedicate the system to the town, without cost to the
town or additional cost to the developer, and the town shall thereaf-
ter operate the system as an integral part of its municipal water util-
ity. The extent of the water system, its design requirements and its
turnover requirements shall be the subject of a separate, definitive
agreement between the town and the developer, to be completed
prior to the approval of the first preliminary plat.
B. Interconnection line The developer agrees to construct an intercon-
nection line to the specifications and schedule as agreed to be-
tween the parties. If the developer or contractor installs, to the
town's specifications, automated meters, sensors, and other neces-
sary equipment for automatic meter reading, and supports the town
in obtaining the necessary automatic reading equipment from the
supplier, the town agrees that it shall waive water connection and
installation fees.
Section 14 -5 -2 Fees
Any property owner wishing to have his or her property included in the
water utility service area of the town water utility system, if the property
Ordinance No. 98.19 increased the fees
charged by section 14 -5 -2 from $5 per acre or
$2 per platted lot
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Title 14. Water
was not previously within the service area of a public service corpora-
tion water utility purchased or acquired by the town or within the
boundaries of the Cortaro Water Users Association municipal water
utility service area, shall pay the sum of $500 per acre or fraction of an
acre for un- subdivided land, or $200 per platted subdivision lot for
property with a recorded subdivision plat, as a service area inclusion
fee.
Section 14 -5 -3 Application
Any property owner desiring to have his or her property included in the
water utility service area of the town shall apply for inclusion on the
form provided by the town. The form shall require the name of the
property owner, a legal description of the property proposed to be in-
cluded and the authorized signature of the owner of the property re-
questing approval, acknowledged pursuant to A.R.S. § 33 -506. No ap-
plication for inclusion in the water utility service area shall be consid-
ered unless the service area inclusion fee has been paid and the re-
quired information and authorized signature of the property owner has
been provided.
Section 14 -5 -4 Approval required for inclusion
Applications for service area inclusion for property located within or
without the incorporated limits of the town, but outside the boundaries
of a water utility public service corporation or the Cortaro Water Users
Association municipal water service area, shall be subject to approval
by the director of the town water utility upon completion of the required
application and payment of the service area inclusion fee. Applications
for service area inclusion outside of the incorporated limits of the town
shall be subject to the approval of the council, which may, at its sole
option, decline to approve the inclusion without cause. If an application
for service area inclusion outside the incorporated limits of the town is
rejected, the applicant's service area inclusion fee shall be non-
refundable.
Section 14 -5 -5 Effect of inclusion
Inclusion in the water utility service area of the town shall entitle the
property owner to make application for water utility service, subject to
the provisions of this title including requirements that applicant pay all
costs for construction and installation of a water system. The service
area inclusion fee shall be in addition to other fees and charges re-
quired by the town to obtain water service.
Section 14 -5 -6 Service agreement
Inclusion in the water utility service area of the town by agreement
does not constitute an actual water utility service agreement. An appli-
cant for inclusion into the water utility service area of the town need not
simultaneously apply for actual water service or enter into a water fa-
cilities construction agreement. However, an applicant for service area
inclusion must provide the town with any proposed development plans
or subdivision plats the applicant may have to enable the town to ap-
propriately forecast its future water demands and include the property
in its application for an assured water supply designation. The town
reserves the right to require conveyance to the town of wells, well
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Title 14. Water ffb
sites, rights -of -way and easements as a condition of service to a new
applicant for service area inclusion.
Section 14 -5 -7 Data requested
If the service area inclusion applicant has any hydrologic or well data
concerning his or her property, the data shall be required to be pro-
vided as part of the service area inclusion application.
Section 14 -5 -8 Inclusion does not constitute 100 year water
adequacy
Payment of the service area inclusion fee shall not be deemed as a
guaranty that the town has now or will be successful in the future in
obtaining an assured water supply designation for the town's water
utility service area, including the applicant property, pursuant to A.R.S.
§ 45 -576.
Chapter 14 -6 PROVISION OF WATER UTILITY SERVICE
Section 14 -6 -1 Customer responsibility
A. Each customer of the town water utility shall be responsible for the
following:
1. Maintaining all facilities on the customer's side of the point of de-
livery or meter in a safe and efficient manner and in accordance
with the rules of the Pima County Health Department, the town
and any other jurisdiction with regulatory powers over the con-
nections;
2. Safeguarding all town water utility property installed in or on the
customer's premises for the purpose of supplying water to that
customer;
3. Exercising all reasonable care to prevent loss or damage to town
water utility property, excluding ordinary wear and tear. The cus-
tomer shall be responsible for loss of or damage to town water
utility property on the customer's premises arising from neglect,
carelessness or misuse and shall reimburse the town for the cost
of necessary repairs or replacements;
4. Payment of any equipment damage resulting from unauthorized
breaking of seals, tampering or bypassing the town water utility
meter;
5. Notifying the town of any failure identified in town water utility
equipment;
6. Paying all water rates, charges and fees when due.
B. Water furnished by the town shall be used only on the customer's
premises and shall not be resold to any other person. During critical
water conditions, as determined by the council, the customer shall
use water only for those purposes specified by the council. Disre-
gard for this provision shall be sufficient cause for refusal or discon-
tinuance of water utility service by the town.
C. Each customer shall provide the town and its employees and
agents the right of safe ingress and egress to the customer's prem-
ises for any purpose reasonably connected with the town's water
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Title 14. Water ffb
utility property used in furnishing service and the exercise of any
and all rights secured to it by law or this title.
Section 14 -6 -2 Payment of bills
Water rates, charges or fees are due and payable to the town upon
Ordinance No. 98.19 amended section 14 -6 -2
"next "fifteenth
.
billin An water rates, charges or fees not aid in full b the next bill-
g y g paid
by inserting billing date" for of
the month, or within twelve days of billing,
ing date, shall result in a late charge of $5 in addition to the balance
whichever is later"
due.
Section 14 -6 -3 Grounds for termination of service
A. Water service to a customer may be terminated by the town upon
ten days advance written notice for any of the following reasons:
1. Customer violation of any of the provisions of this title;
2. Failure of the customer to meet or maintain the town water util-
ity's credit and deposit requirements;
3. Failure of the customer to provide the town reasonable access to
its water utility equipment and property;
4. Failure of a customer to pay a delinquent bill for utility service.
Section 14 -6 -4 Nonpayment of delinquent bill; filing of lien;
interest
Ordinance No. 98.19 amended section 14 -6 -4
by rewording paragraph A and adding para-
A. If any bill for a water rate, charge or fee made to the customer pur-
graph 8
suant to this title is not paid by the next billing date, the customer
shall be given written notice specifying that the bill is delinquent and
outlining the procedure by which the customer may challenge the
accuracy of the bill. If a delinquent bill is not paid and no challenge
has been made to the accuracy of the bill after the notice of delin-
quency, the water supply will, without further notice, be turned off,
and not turned on until all sums due are paid in full, together with a
charge for reconnection after delinquency as provided in chap-
ter 14 -7.
B. Pursuant to A.R.S. § 9- 511.02, the town may file a lien on the prop-
erty for unpaid fees that are at least 90 days delinquent. The town
may enforce the lien by any method permitted by law. Unpaid fees
shall accrue interest at the rate provided by A.R.S. § 44 -1201.
Section 14 -6 -5 Reconnection of service
In no case shall any individual or plumber turn on the water supply to
any building or any supply pipe where the supply has been turned off
for the nonpayment of the monthly water bill or for the violation of any
provision of this title. All water that has been turned off by the town wa-
ter utility shall only be turned on again by the employees or agents of
the town water utility.
Section 14 -6 -6 Challenge of accuracy of water bill
A. The procedure by which a customer may challenge the accuracy of
a water bill and the determination of the validity of the challenge
shall be as follows:
1. The customer shall notify the town, in writing, of the challenge of
the accuracy of the water bill and the reasons for it. If the cus-
tomer has received a notice of delinquency, the challenge shall
be filed within ten days of the date of the notice of delinquency.
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2. The customer may request that the meter be re -read or the meter
be tested, provided the customer pays the meter re read charge
or the meter test charge in advance in the amount as provided
for in chapter 14 -7. A request for meter re -read or meter retest,
paid for by the customer, shall constitute a challenge to the accu-
racy of the water bill.
3. If the meter reading is found to be in error due to a meter re -read
or meter test, the town shall refund the cost of the meter re -read
or meter test paid by the customer and re -bill the customer. Cus-
tomer shall have 20 days to pay the delinquent bill which had
been challenged and a re -bill sent.
4. The director of the town water utility may appoint a hearing officer
to investigate all challenges of the accuracy of water bills, when
the challenge does not include a request for a meter re -read or
meter retest. The hearing officer shall meet with the customer
challenging the accuracy of the water bill. The hearing officer
shall be empowered to make a decision as to the validity of the
customer's challenge and, if he or she finds the customer's chal-
lenge to be valid, shall be empowered to make the appropriate
correction to the bill. If it is necessary for determination of the
merits of the customer's complaint for the hearing officer to have
a more complete set of facts before him at the time of meeting
with the customer, he or she shall make whatever investigation is
necessary before rendering a decision.
5. The customer's water service shall not be terminated until and
unless the hearing officer completes his or her investigation and
finds the customer's challenge to be without merit, or until the
requested meter re read or meter retest has been conducted and
the meter has been found to be working properly.
6. The hearing officer's decision that the bill rendered to the cus-
tomer is accurate is final.
Section 14 -6 -7 Deposit requirement after termination
If water service is terminated due to nonpayment of a delinquent water
bill, the town shall require payment in full of all amounts due and owing
and payment of a water utility deposit as a condition of reestablishing
water service.
Section 14 -6 -8 Termination without notice
A. Water utility service to a customer may be terminated by the town,
without advance written notice, under the following conditions:
1. The existence of an obvious hazard to the safety or health of the
customer or the general population;
2. The town has evidence of water meter tampering or fraud;
3. Unauthorized resale of water or use of water utility services;
4. Failure of a customer to comply with the curtailment procedures
imposed by the council during supply shortages.
Section 14 -6 -9 Service obligations of town
A. Level of service The town shall make reasonable efforts to supply a
satisfactory and continuous level of service to its customers.
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Ordinance No. 2005.22 reworded paragraph 6
Ordinance No. 2005.22 reworded sec-
tion 14 -6 -7
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Title 14. Water ffb
B. Non - liability. The town shall not be responsible for any damage or
claim of damage attributable to any interruption or discontinuation of
service resulting from:
1. Any cause against which the town could not have reasonably
foreseen or made provision for, such as but not limited to force
majeure;
2. Intentional service interruptions to make repairs or perform rou-
tine maintenance;
3. Any service interruption caused by facilities purchased by the
town from existing private water companies;
4. Curtailment.
C. Service interruptions. The town shall make reasonable efforts to
reestablish service within the shortest possible time when service
interruptions occur. If there is a national emergency or local disaster
resulting in disruption of normal service, the town may, in the public
interest, interrupt service to provide necessary service to civil de-
fense, fire protection or other emergency service agencies on a
temporary basis until normal service to these agencies can be re-
stored. When the town plans to interrupt service for more than four
hours to perform necessary repairs or maintenance, the town shall
attempt to inform affected customers at least twenty four hours in
advance of the scheduled day and the estimated duration of the
service interruption. The repairs shall be completed in the shortest
possible time to minimize inconvenience to customers of the town
water utility. Notice to customers shall not be required if there is an
emergency or an outage due to unanticipated events or causes.
D. Minimum delivery pressure. The town shall maintain a minimum
standard delivery pressure of 20 pounds per square inch gauge
(PSIG) at the customer's meter or point of delivery.
E. Construction standards. The town shall construct all facilities in ac-
cordance with the guidelines established by the Arizona Depart-
ment of Health Services, the Arizona Department of Environmental
Quality, the town and any other jurisdiction with authority over the
construction standards for public water supplies.
Section 14 -6 -10 Meter reading; measurement of service
A. Each customer's meter shall be read monthly on as close to the
same day as practical. All water delivered by the town water utility
shall be billed on the basis of metered volume sales, except that the
town may, at its option, provide a fixed charge schedule for the fol-
lowing:
1. Temporary services where water use can be readily estimated;
2. Public and private fire protection service;
3. Water used for town purposes.
Section 14 -6 -11 Customer requested meter re -reads
At the request of a customer, the town shall re -read the customer's
meter within ten working days after the customer's request. Any re-
reads shall be charged to the customer at the rate provided for in
chapter 14 -7, provided that the original reading was not in error.
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Section 14 -6 -12 Customer requested meter tests
At the request of a customer, the town shall test the customer's meter.
Meter tests shall be conducted within ten working days after the cus-
tomer's request. Meter tests shall be charged to the customer at the
rate provided for in chapter 14 -7, provided that the meter was not
found to be in error by more than 3 %.
Section 14 -6 -13 Billing and collection
A. Meter reading The town shall bill its customers monthly for water
services rendered. Meter readings shall be scheduled for periods of
not less than 25 days or more than 35 days. If the town is unable to
read the meter on the scheduled meter read date, the town will es-
timate the consumption for the billing period giving consideration to
the following factors where applicable:
1. The customer's usage during the same month of the previous
year;
2. The amount of usage during the preceding month.
3. Failure on the part of the customer to comply with a reasonable
request by the town for access to its meter may lead to discon-
tinuance of service.
B. Estimated bills Estimated bills will only be issued under the follow-
ing conditions:
1. Conditions which prevent the town from reading the meter; or
2. Circumstances that make it dangerous or impossible to read the
meter; i.e., locked gates, blocked meters, vicious or dangerous
animals, threatening conduct of the customer, etc.
3. Each bill based on estimated usage will indicate that it is an esti-
mated bill.
C. Combining meters Each meter at a customer's premises will be
considered separately for billing purposes, and the readings of two
or more meters will not be combined unless the town, in its sole
judgment, determines good cause exists to combine meter read-
ings.
D. Minimum bill information Each bill for water utility service will con-
tain the following minimum information:
1. Date and meter reading at the start of a billing period;
2. Previous month's meter reading;
3. Bill usage;
4. town water utility telephone number;
5. Customer's name;
6. Service account number;
7. Amount due and due date;
8. Past due amount;
9. Other charges and taxes (where applicable).
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Ordinance No. 98.19 deleted the words "plus
interest (where appropriate)" from para-
graph (D) (8)
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E. Billing date The date a bill is rendered may be evidenced by any of
the following: the postmark date, the mailing date, certified mail or
certificate of mailing.
Chapter 14 -7 WATER RATES AND CHARGES
Section 14 -7 -1 Monthly charges
A. Charges for water utility service shall be made at monthly intervals
and shall, to the extent consistent with the express policy to charge
for water in direct proportion to the cost of securing, developing and
delivering water to the customers of the town water system, recover
all capital, operational and maintenance costs associated with or at-
tributable to providing water service through the town water system.
Water charges will be computed through the summation of a
monthly base water service fee plus a monthly water use charge,
plus any applicable state or local sales taxes.
B. The monthly base water service fee shall be based upon the meter
size, and shall be as follows:
Meter Size
Monthly Base Fee
%) x 3 /4 " meter
$14.00
1 " meter (fire *)
$14.00
1 " meter
$34.00
1 1 /2" meter
$37.00
2" meter
$43.00
3" meter
$58.00
4" meter
$102.00
5" meter
$152.00
6" meter
$202.00
Standpipe
$0.00
*This rate shall be applied to single family
residences that could have been served by a
%x% )) meter but for fire suppression facilities
that make the larger meter necessa
C. The monthly water use charge shall be:
1. $3.00 per 1,000 gallons for standpipe /hydrant meters.
2. $2.65 per 1,000 gallons for meters serving multi - family, commer-
cial, industrial, government and irrigation uses.
3. For meters serving single family residences, a tiered rate based
on the amount of water consumed, as follows:
Gallons of
consumption
Rate per 1,000
gallons
0 to 1,000
$0.00
1, 000 to 10
$2.15
10,000 to 20,000
$3.00
20,000 to 30,000
$3.90
30,000 to 40,000
$4.80
Over 40,000
$6.90
MARANA TOWN CODE
{00001471.DOC I}
14 -17
Ordinance No. 2005.17 amended section
14 -7 -1 by adding the word "base" to para-
graph A and rewriting the remaining para-
graphs. See Ordinance Nos. 96.06 and 98.19
for prior history.
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Title 14. Water ffb
Section 14 -7 -2 Installation charges
A. There shall be an installation charge for all water service connec-
tions. This charge shall include the cost of the water meter, valves,
boxes and installation.
B. Deposits and charges for the installation of a metered water service
connection shall be based upon the size of the meter installed, and
shall be as follows:
Meter
Security
Connection
Installation
Total
Size
Deposit
Charge
Charge
3 /4 x %
$ 75.00
$ 500.00
$400.00
$ 975.00
1 "
$ 85.00
$ 850.00
$550.00
$1485.00
1 1 /2
$ 95.00
$1300.00
$900.00
$2295.00
2"
$135.00
$1700.00
$1300.00
$3135.00
Residential
$ 50.00
$ 0.00
$ 0.00
$ 50.00
stand i e
pp
Commercial
$ 100.00
$ 0.00
$ 0.00
$ 100.00
stand i e
pp
C. The installation charge for a metered water service connection in
excess of two inches in diameter shall be the town's actual cost, in-
cluding labor, materials and administrative costs, for installing the
meter.
D. In addition to any service line installation charge, all applicable per-
mit fees, right -of -way costs or unusual construction costs shall be
added and paid for by the applicant at the time of application.
E. Installation charges assume availability of an existing water main
contiguous to the applicant's property. If a main extension is re-
quired, applicant shall pay all costs for the main extension, which
costs shall be non - refundable.
F. Deposits are refunded when customer moves or requests a discon-
tinuance of service, as long as all water bills are paid in full.
G. Connection fees are designed to reflect approximate and appropri-
ate costs of replacing the demand on existing water supply sources
created by each new service. All connection fees are to be retained
in a separate and special fund and account to be used for water
source development to upgrade and improve existing systems.
Funds could be used to pay for appropriate portions of any new
source development that was partially paid for by a developer to
serve a new area and which has excess capacity that could be in-
terconnected and benefit existing customers. Funds could also be
used to develop facilities to take and treat C.A.P. water if it were to
become a viable alternative for existing sources in the future.
H. Set charges for installations reflect estimated expenses and are the
required up front charges. These are estimated charges for the
simplest type of installation. The actual cost of installation will be
billed as determined by the Marana municipal water system. The
actual cost will be increased in the case of pavement cutting, ex-
cessive length, rocky ground, or any other additional cost inflating
factors, or if the actual costs are less than the installation charge,
the excess will be refunded. Since the installation of large meters
MARANA TOWN CODE 14 -18
{00001471.DOC I}
Ordinance No. 98.19 modified section 14 -7 -2
by revising the title headings in the table, delet-
ing the word "guarantee" before "deposit" in
paragraph F, changing "licensing" to "contractor
licensing and Town business licensing" in
paragraph H , and adding paragraph 1
Ordinance No. 2005.22 amended the table in
paragraph 8 to clarify standpipe charges
1111512005
Title 14. Water ffb
involves such variable situations, these will be evaluated individu-
ally and an estimate will be made in each case. The same policy of
actual cost to Marana municipal water system would apply. Large
meter installations can be made by the customer's contractor pro-
vided the contractor builds to town standards and furnishes proof of
contractor licensing and town business licensing. All final inspec-
tions and approvals shall be made by Marana municipal water sys-
tem personnel.
I. Where the water system, including wells and all infrastructure, is paid
by the developer, the developer shall not pay the installation and
connection charge per section 14 -7 -2, but shall have a licensed
contractor install the system with current technology in accordance
with town standards. All other charges in section 14 -7 -3 shall apply.
Section 14 -7 -3 Other service charges
A. New service establishment fee $19. The new service establishment
fee is for the cost of establishing the new customer service account
during regular working days (Monday through Friday) between the
hours of 9:00 a.m. and 4:00 p.m., and requires 24 hours notice. No
service connections will be made after hours, weekends or holidays
except in an emergency situation as determined by the Marana
municipal water system.
B. New service establishment fee after hours: $45.
C. Reconnect fee: $19 (plus bring account current). The reconnect fee
shall be for the cost of reestablishing water service after water ser-
vice has been terminated for any reason and requires 24 hours no-
tice. After -hours reconnect fee is $45. If there is a delinquent bal-
ance due, this amount must be paid in full before service will be re-
connected.
D. Customer requested re -read of meter: $35. This fee shall be re-
fundable if the meter is found not to be reading accurately, defined
as an error of greater than 3 %.
E. Check returned for insufficient funds: $12. This fee shall be added
to a customer's water bill if the check for payment is returned un-
paid due to insufficient funds, closed account or stop payment.
F. Customer requested meter test: $40. This fee shall be refundable to
the customer if the meter is found not to be reading accurately, de-
fined as an error of greater than 3 %.
G. Late payment fee: $5.
H. Vacation service: $14. This service consists of one disconnect when
the customer leaves on vacation and one reconnect when the cus-
tomer returns.
Chapter 14 -8 EMERGENCY WATER CONSERVATION RESPONSE
Section 14 -8 -1 Declaration of policy
It is hereby declared that because of varying conditions related to wa-
ter resource supply and distribution system capabilities operated by
the town, it is necessary to establish and enforce methods and proce-
dures to ensure that in time of emergency shortage of the local water
supply, (1) the water resources available to the customers of the Water
MARANA TOWN CODE 14 -19
{00001471. DOC I�
Ordinance No. 98.19 rewrote paragraphs A
and C and added paragraph H of section
14 -7 -3
Ordinance No. 98.19 reworded section 14 -8 -1
1111512005
Title 14. Water
System are put to the maximum beneficial use, (2) the unreasonable
use, or unreasonable method of use is prevented, and (3) the conser-
vation of water is accomplished in the interests of the customers of the
town water utility, customers of other water utilities located within the
town and for the public health, safety, and welfare of the residents of
the town.
Section 14 -8 -2 Definitions
A. In this chapter, unless the context otherwise requires:
1. "Economic hardship" means a threat to an individual's or busi-
ness' primary source of income.
2. "Notification to the public" means notification through local media,
including interviews, and issuance of news releases.
3. "Outdoor watering day" means a specific day, as described in a
specific outdoor watering plan, during which irrigation with sprin-
kler systems or otherwise may take place.
Section 14 -8 -3 Application
A. This chapter applies to all municipal and industrial water utility cus-
tomers who own, occupy, or control water used on any premises as
defined in this chapter. This chapter shall not apply to any agricul-
tural use of water furnished by an irrigation district.
B. No person shall make, cause, use, or permit the use of water re-
ceived from the town water utility or any other municipally owned or
privately owned water utility providing water service within the town
for residential, commercial, industrial, governmental or any other
purpose in any manner contrary to any provision in this chapter.
C. Mandatory emergency conservation measures shall be imple-
mented based upon the declaration of an emergency pursuant to
section 14 -8 -4.
Section 14 -8 -4 Declaration of water emergency authorized
The council, or in the absence of a quorum, the mayor or the vice
mayor, upon the recommendation of the town manager is hereby au-
thorized to declare a water emergency and to implement mandatory
conservation measures as set forth in this chapter.
Section 14 -8 -5 Implementation; termination
A. The town manager shall develop guidelines which set forth general
criteria to assist the council, or in the absence of a quorum the
mayor or the vice mayor, in determining when to declare a water
emergency. Upon declaration of a water emergency, the town man-
ager shall report in writing to the council providing the reasons for
and expected duration of the emergency and describing implemen-
tation of emergency water conservation measures.
B. A water emergency may be declared for a specific water utility sys-
tem, such as, but not limited to, the town water utility system, the
City of Tucson water utility system located within the town, or any
other public or private water utility system located within the town,
which is unable to provide adequate quantities, qualities or pressure
of water delivery in compliance with Arizona Department of Envi-
ronmental Quality standards or regulations, or fire flow require -
MARANA TOWN CODE 14 -20 1111512005
{00001471.DOC I}
Title 14. Water ffb
ments, and which constitutes a danger to the public health, safety
and welfare of the residents of that water utility system.
C. The declaration of a water emergency shall be specific to the water
utility system which is unable to provide adequate quantities, quali-
ties or pressure of water delivery in compliance with Arizona De-
partment of Environmental Quality standards or regulations, or fire
flow requirements, and to the water customers of that water utility
system.
D. The owner or operator of a water utility system located within the
town boundaries may request, in writing, that the town declare a
water emergency pursuant to this chapter for its water utility sys-
tem, setting forth the reasons and justification for it.
E. Upon the cessation of the condition or conditions giving rise to the
water emergency, or upon majority vote of the council, or in the ab-
sence of a quorum the mayor or the vice mayor shall declare the
water emergency terminated. Upon termination, the mandatory
conservation measures shall no longer be in effect.
Section 14 -8 -6 Mandatory emergency water conservation
measures
A. Upon declaration of a water emergency and notification to the pub-
lic, the following mandatory restrictions upon nonessential users
shall be enforced as to the customers of the water utility system for
which the water emergency was declared:
1. All outdoor irrigation, except for those areas irrigated with re-
claimed water or water provided by an irrigation district for agri-
cultural use, is prohibited. If the town manager deems it appro-
priate, a schedule designating certain outdoor watering days
may be implemented in place of the irrigation ban.
2. Washing of sidewalks, driveways, parking areas, tennis courts,
patios, or other paved areas with water from any pressurized
source, including garden hoses, except to alleviate immediate
health or safety hazards, is prohibited.
3. The outdoor use of any water -based play apparatus connected to
a pressurized source is prohibited.
4. Operation of water - cooled space and equipment cooling systems
below an operating efficiency level of two cycles of concentration
is prohibited.
5. Restaurants and other food service establishments are prohibited
from serving water to their customers unless water is specifically
requested by the customer.
6. The operation of outdoor misting systems used to cool public ar-
eas is prohibited.
7. The filling of swimming pools, fountains, spas, or other related
exterior water features is prohibited.
8. The washing of automobiles, trucks trailers and other types of
mobile equipment is prohibited, except at facilities equipped with
wash water recirculation systems, and for vehicles requiring fre-
quent washing to protect public health, safety and welfare.
MARANA TOWN CODE 14 -21
{00001471.DOC I}
1111512005
Title 14. Water ffb
Section 14 -8 -7 Variance
The town manager, or the town manager's designee, is authorized to
review hardship cases and special cases within which strict application
of this chapter would result in serious hardship to a customer. A vari-
ance may be granted only for the reasons involving health, safety, or
economic hardship. Application for a variance from requirements of
this chapter must be made on a form provided by the town manager.
Section 14 -8 -8 Violation
A. If there is any violation of this chapter, the water utility for which the
emergency was declared shall be responsible for having a written
notice placed on the property where the violation occurred and a
duplicate mailed to the person who is regularly billed for the service
where the violation occurred and to any person known to the town
or the water utility, who is responsible for the violation, and order
that it be corrected, ceased, or abated immediately or within such
specified time as the town or water utility determines is reasonable
under the circumstances and shall contain a description of the fees
and penalties associated with the violation.
B. If the order is not complied with within 24 hours, the town or the wa-
ter utility may disconnect the service where the violation occurred. A
fee of $250 shall be imposed for the reconnection of any service
disconnected pursuant to noncompliance, which shall be in addition
to other fees or charges imposed by this chapter for disconnection
of service.
C. In addition to being grounds for disconnection of service, violation of
any provision of this chapter shall be a civil infraction. An individual
or corporation convicted of violating provisions of this chapter shall
be assessed a civil penalty of not less than $250.
D. Nothing in this section shall conflict with the rules and regulation
and approved tariffs of the Arizona Corporation Commission as they
may apply to public service corporations furnishing water service
within the town.
Section 14 -8 -9 Enforcement
The town manager is authorized to designate town employees or em-
ployees of water utility systems not owned by the town to enforce the
provisions of this chapter. The town and employees of the town's water
utility are expressly authorized to enforce the provisions of this chapter
solely as to customers of the town's water utility system located within
the town.
Chapter 14 -9 BACKFLOW PREVENTION AND CROSS -
CONNECTION CONTROL
Section 14 -9 -1 Purpose
A. To protect the public potable water supply of the town municipal wa-
ter system from the possibility of contamination or pollution by pre-
venting the backflow of contaminants and pollutants into the public
potable water supply system.
MARANA TOWN CODE 14 -22
{00001471.DOC I}
Ordinance No. 98.19 corrected section 14 -8 -9
by inserting "Town of Marana" (shortened to
"Town" by Ordinance No. 2005.22) in place of
"City of Tucson"
Chapter 14 -9 was adopted by Ordinance
No. 98.19, which renumbered chapter 14 -10
to conform
1111512005
Title 14. Water ffb
B. To promote the elimination or control of existing cross - connections,
actual or potential, with a customer's internal potable water system,
plumbing fixtures and industrial piping system.
C. To provide for a continuing program of cross - connection control
which will prevent the contamination or pollution of the public pota-
ble water supply system.
Section 14 -9 -2 Backflow prevention required
A. An approved backflow prevention method shall be utilized or in-
stalled at every service connection to a customer's water system or
at any usage point in the water system when the town municipal
water system determines that the potable water supplied by the
public potable water system may be subject to contamination, pollu-
tion or other deterioration in sanitary quality of conditions within the
customer's water system.
B. The backflow prevention method to be utilized or installed shall be
determined by the town municipal water system, which shall be suf-
ficient to protect against the potential degree of hazard to the public
potable water supply from the customer's water system.
Section 14 -9 -3 Hazard potential
A. The degree of hazard potential to the public potable water supply
and system from a customer's water supply system shall be deter-
mined using the following hazard factors:
1. Contamination any condition, device or practice which, in the
judgment of the town municipal water system, may create a dan-
ger to the health and well -being of potable water customers.
2. Cross - connection an actual or potential plumbing -type connec-
tion that is not properly protected by an approved backflow pre-
vention method.
3. Hazard an actual or potential threat which may cause severe
damage to the physical facilities of the public potable water sup-
ply system or which may have a protracted negative effect on the
quality of the potable water in the system.
4. Pollution an actual or potential threat to the physical facilities of
the public potable water supply system or to the public potable
water supply which, although not dangerous to health, would
constitute a nuisance or be aesthetically objectionable, or could
cause damage to the system or its appurtenances.
Section 14 -9 -4 Backflow prevention methods; list
A. A backflow prevention method shall be any assembly or other
means designed to prevent backflow. The following are the recog-
nized backflow prevention methods which the town municipal water
system may require under section 14 -9 -2 or 14 -9 -5.
1. Air gap: the unobstructed vertical distance through the free at-
mosphere between the opening of the pipe or faucet supplying
potable water to a tank, plumbing fixture or other device. An ap-
proved air gap shall be at least double the diameter of the supply
pipe or faucet and in no case less than one inch.
MARANA TOWN CODE 14 -23
{00001471.DOC I}
1111512005
Title 14. Water ffb
2. Reduced pressure principle assembly ( "RPA ") an assembly con-
taining two independently acting approved check valves together
with a hydraulically operating, mechanically independent pres-
sure differential relief valve located between the check valves,
and at the same time below the first check valve. The assembly
shall include properly located test cocks and tightly closing shut
off valves located at each end of the assembly and fitted with
properly located test cocks.
3. Double check valve assembly ( "DCVA ") an assembly composed
of two independently acting, approved check valves, including
tightly closing shut off valves located at each end of the assem-
bly and fitted with properly located test cocks.
4. Double detector check valve assembly ("DDC a specially
designed assembly composed of a line size approved double
check valve assembly with a bypass containing a specific water
meter and an approved double check valve assembly.
5. Pressure vacuum breaker assembly ( "PVB ") an assembly con-
taining an independently operating, loaded check valve and an
independently operating, loaded air inlet valve located on the
discharge side of the check valve. The assembly shall be
equipped with properly located test cocks and tightly closing shut
off valves located at each end of the assembly.
B. A backflow prevention method may be approved by the town mu-
nicipal water system if it has received the approval of the Founda-
tion for Cross - Connection Control and Hydraulic Research of the
University of Southern California and, for assemblies, has a local
manufacturer's parts and service center approval.
C. The town municipal water system shall maintain a list of approved
backflow prevention assemblies by type and manufacturer. The list
shall be available to any customer required to install a backflow
prevention assembly.
Section 14 -9 -5 Backflow prevention methods required
A. Whenever the following items exist or activities are conducted on
premises served by the public potable water system, a potential
hazard to the public potable water supply shall be presumed, and a
backflow prevention method of the type specified in this section for
that item or activity must be utilized or installed at each service
connection for that premise. The type and size of the assembly
shall be determined by the town:
1. Cooling tower, boiler, condenser, chiller, and other cooling sys-
tems utilizing potable water: RPA
2. Tank, vessel, receptacle, and all other water connections includ-
ing mobile units without approved air gap (except emergency
vehicles and private swimming pools): RPA
3. Ice maker (other than a residential service): RPA
4. Water cooled equipment, boosters, pumps or autoclaves: RPA
5. Water treatment facilities and all water processing equipment
(other than residential water softeners): RPA
MARANA TOWN CODE 14 -24
{00001471.DOC I}
1111512005