HomeMy WebLinkAboutMarana Town Code Revised as of 01/17/2006OFFICIAL CODE OF THE
TOWN OF MARANA,
ARIZONA
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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. 2006.01, adopted on January 17, 2006 and effective on
February 17, 2006.
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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
APPENDIX. TABLE OF REVISIONS
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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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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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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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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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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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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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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
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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
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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
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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
2/17/2006
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, p rior 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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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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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.DOC12}
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.DOC12}
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.
Ma Ra NA To wN CODE 2 -18 211712006
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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.
D. 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 211712006
{00001471.DOC12}
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.DOC12}
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.
2/17/2006
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.DOC12}
2 -21
2/17/2006
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 / 2}
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 211712006
{00001471.DOC12}
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.DOC12}
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
2/17/2006
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 211712006
{00001471.DOC12}
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 211712006
{00001471.DOC12}
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.DOC12}
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
2/17/2006
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.
MARANA TOWN CODE
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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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Title 3. Administration ()
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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Title 3. Administration ()
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
{00001471.DOC12}
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.
2/17/2006
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
MARANA TOWN CODE 3 - 12
{00001471. DOC / 2}
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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2/17/2006
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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{00001471.DOC12}
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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{00001471.DOC12}
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.DOC12}
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
2/17/2006
Title 4
Police Department
CHAPTER 4 -1 POLICE DEPARTMENT .......................................................... ...............................
{00001471. DOC / 2}
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 211712006
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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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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 / 2}
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.
MARANA TOWN CODE 5 -1 211712006
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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 211712006
{00001471.DOC12}
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.DOC12}
Paragraphs 8, C and D were added by Ordi-
nance No. 99.01
2/17/2006
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
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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 / 2}
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.
211712006
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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.DOC12}
Ordinance No. 2005.22 amended Para-
graph (A)(1) to replace "Pima County Animal
Control" with "the county"
2/17/2006
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.DOC12}
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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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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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Title 6. Animal Control ()
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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Title 6. Animal Control ()
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"
2/17/2006
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.DOC12}
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.DOC12}
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"
2/17/2006
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 / 2}
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.DOC12}
8 -1
Title 8 was adopted by Ordinance No. 96.03.
See Ordinance No. 79 -3 for prior history.
2/17/2006
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 / 2}
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.
211712006
MARANA TOWN CODE 9 -1
{00001471.DOC12}
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 fee 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
MARANA TOWN CODE 9 -3
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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
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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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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.
MARANA TOWN CODE
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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
2/17/2006
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 by
p p
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:
MARANA TOWN CODE 9 -14 211712006
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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,
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9 -16
Ordinance No. 2000.10 rewrote paragraph L
Ordinance No. 2000.10 added the word
"regularly" to paragraph N
2/17/2006
Title 9. Business Regulations ()
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{00001471.DOC12}
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.
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{00001471.DOC12}
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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
2/17/2006
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.DOC12}
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%
2/17/2006
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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Title 9. Business Regulations ()
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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Title 9. Business Regulations ()
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
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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
2/17/2006
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 211712006
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