HomeMy WebLinkAboutMarana Town Code Revised as of 04/30/2009OFFICIAL 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
development code and the various codes incorporated by
reference into the town code), reformatted and updated by
Ordinance No. 2005.22, with revisions through Ordinance
No. 2009.04, adopted and effective on April 30, 2009.
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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 AND HIGHWAYS
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; SCRIVENER'S
ERRORS ................................................................................. ............................... 3
SECTION HEADINGS ............................................................ ............................... 4
EFFECT OF REPEAL ............................................................ ............................... 4
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.
MARANA TOWN CODE
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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; SCRIVENER'S ERRORS The title of chapter 1 -4 was amended by
Ordnance No. 2008.16
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.
Section 1 -4 -5 Authority to correct scrivener's errors Section 1 -4 -5 was added by Ordinance
A. The town attorney and town clerk are hereby each individually au- No. 2008.16
thorized to correct scrivener's errors in the town code and in ordi-
nances and resolutions adopted by the council without the need for
re- adoption of the town code provision, ordinance or resolution.
B. For purposes of this section, a scrivener's error includes one or
more of the following:
1. Misspelling.
2. Grammatical error.
3. Numbering error.
4. Cross - referencing error.
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Title 1. General ()
5. Inconsistency with the rules of style adopted for the reformatted
town code.
C. A scrivener's error correction made under the authority granted by
this section shall be documented as follows:
1. A correction to the town code shall be noted with the explanatory
and historical notes in the right -hand margin of the town code.
2. A correction to an ordinance or resolution shall be accompanied
by a scrivener's note on or attached to the corrected ordinance
or resolution.
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.
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
SPECIAL AND STANDING BOARDS, COMMISSIONS AND COMMITTEES ...15
[RESERVED] ........................................................................... .............................17
[RESERVED] ........................................................................... .............................17
[RESERVED] ........................................................................... .............................17
INDEMNIFICATION OF OFFICERS AND EMPLOYEES ....... .............................17
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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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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. Resolution No. 2002 -111 fixed
the annual salaries at $11,400 for the Mayor
Chapter 2 -2 COUNCIL ELECTION
and $9,000 for Council members, effective
Duly 1, 2003
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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Title 2. Mayor and Council
bombing or any other natural or man made calamity or disaster or if
there is the threat or occurrence of riot, rout or affray or other acts
of civil disobedience which endanger life or property within the
town. After declaration of an emergency, the mayor shall govern by
proclamation and impose all necessary regulations to preserve the
peace and order of the town, including but not limited to:
1. Imposition of a curfew in all or any portion of the town.
2. Ordering the closing of any business.
3. Closing to public access any public building, street or other public
place.
4. Calling upon regular or auxiliary law enforcement agencies and
organizations within or without the political subdivision for assis-
tance.
F. The mayor shall perform the other duties required by state statute
and this code as well as those duties required as chief executive of-
ficer of the town.
Section 2 -3 -5 Failure to sign documents
If for five consecutive days the mayor fails or refuses to sign any ordi-
nance, resolution, contract, warrant, demand or other document or in-
strument requiring his or her signature, then a majority of the members
of the council may, at any regular or special meeting, authorize the
vice mayor or, in his or her absence an acting mayor, to sign the ordi-
nance, resolution, contract, warrant, demand or other document or in-
strument which when so signed shall have the same force and effect
as if signed by the mayor.
Chapter 2 -4 COUNCIL PROCEDURE
Section 2 -4 -1 Regular and special council meetings
A. All meetings of the council shall be public meetings and shall be
conducted in accordance with A. R.S. § 38 -431 et seq. (the "open
meeting law ") and all other federal, state and local laws. The council
shall hold its regular meetings on the first and third Tuesday of each
month, provided that when the day fixed for any regular meeting of
the council falls upon a day designated by law as a legal holiday or
election day, the meeting shall be held on the next succeeding day
which is not a holiday, unless otherwise set by action of the council.
All regular council meetings shall commence at 7:00 p.m. unless
otherwise designated.
B. The mayor may convene the council at any time by notifying the
members of the council of the date, hour and purpose of the special
meeting. The mayor or the town clerk, upon the written request of
three members of the council, shall convene the council at any time
by notifying the members of the council of the date, hour and pur-
pose of the special meeting. The public shall be given at least
24 hours' notice of the special meetings by the posting of a notice in
at least three public places within the town, except that in the case
of an actual emergency a meeting may be held upon such notice as
is appropriate under the circumstances. Study sessions shall not be
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conducted as formally as council meetings, although they shall fol-
low the laws and this code.
C.
All regular meetings and special meetings of the council shall be
held at the Marana Town Hall, 11555 West Civic Center Drive, Ma-
Ordinance No. 2005.22 revised the address
rang, Arizona, unless otherwise designated.
D.
Notice of each meeting shall be distributed at least 24 hours in ad-
vance to each council member (if possible), and posted in at least
three places as provided by law. In the case of an emergency as
defined by the open meeting law, notice shall be as soon as is rea-
sonable under the circumstances. Notice in this paragraph is in-
tended to mean a complete agenda of the meeting, including the
kind of meeting, location, date and time of the meeting. Notice to
council members of all non - regular meetings shall be by any and all
means possible to assure that the best possible efforts were made
to contact each council member.
E.
Written minutes shall be taken of each council meeting, and if re-
cording equipment is available, each council meeting shall also be
Ordinance No. 2005.22 deleted "tape" before
recorded. These provisions shall not apply to executive sessions,
"recorded"
which are governed elsewhere in this code.
Section 2 -4 -2 Agenda preparation and distribution
Section 2 -4 -2 was rewritten by Ordinance
A.
Agendas for town council meetings shall be prepared by the agenda
No. 99.32
committee, which shall be made up of the mayor (or his or her des-
ignee), town manager, town clerk, town attorney, and any other
person designated by the mayor or town manager. In the absence
of the mayor, the vice mayor shall serve in his or her stead. The
agenda committee shall review, adjust and agree to the items on
each agenda. Although the agenda committee shall formulate each
agenda, the final determination of what will be placed on an agenda
will be in the sole discretion of the mayor, except as provided in the
following subsections.
B.
Notwithstanding the mayor's discretion of what items to place on the
agenda, if three or more council members request an item to be
The wording of paragraph 8 was simplified by
placed on the agenda, it must be placed upon the agenda for the
Ordinance No. 2005.22
second regular town council meeting after the date of the request.
C.
Except in an emergency (as determined by the mayor or town man-
ager), any person desiring to place an item on the agenda shall
prepare and deliver a summary of the issue a reasonable time prior
to the agenda committee meeting. If the request is made by an em-
ployee or staff member, it shall be delivered to the town manager,
and if the request is made by a council member or member of the
public, it shall be delivered to any member of the agenda commit-
tee.
D.
All blue sheets, reports, communications, ordinances, resolutions,
contract documents, and other documents to be included in the
"council packet" shall be submitted to the town manager for review
a reasonable time prior to the agenda committee meeting, and the
town manager will work with the department preparing the materials
to ensure that all final materials are submitted to the town clerk or
his or her designee prior to the final preparation of the council
packet. The final agenda will be prepared by the town clerk, ap-
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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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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 ()
each that stated: "No more than one amend -
clearly state the amendment, and the amendment shall be read ment to an amendment shall be permitted."
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{00001471.DOC121)
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. E
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
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. W
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. I
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 O
Ordinance No. 99.32 inserted "ma permit the
permit the person to speak or may present the request to the coun- y
person to speak or may" for "shall, "
cil. If a majority of the council wishes to hear from the public on the u
utes" for "three minutes," and deleted "by the
issue, that person shall be permitted to speak; however, any public m
mayor" after "into the record" in paragraph F
address shall be limited to five minutes per person and as otherwise
restricted by the mayor or council. Written communications deliv- O
Ordinance No. 2005.22 rewrote the last sen-
ered to the mayor before the agenda item was called will either be t
tence of paragraph F
read into the record or a copy delivered to each council member.
G. A
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
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. A
After the motion is made and seconded, the town clerk should read O
Ordinance No. 99.32 inserted "should" for
back the motion from the official record. The mayor may then call "
"shall" and "may" for "shall" in paragraph 1
for discussion.
J. A
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- O
Ordinance No. 99.32 amended paragraphs J
tion be amended. At the time of the amendment he or she shall
and K by deleting a sentence at the end of
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Title 2. Mayor and Council ()
back by the town clerk. If the council member who seconded the
vote agrees, then the motion shall be considered amended volun-
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
votes by announcing "aye" or "nay." If, prior to the vote or after the
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
number of "nay" votes plus the number of council members abstain-
ing from voting on the motion, except for abstentions based on con-
flict of interest. In the case of a tie on any motion, the motion fails.
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-
MARANA TOWN CODE 2 -13
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Ordinance No. 99.32 inserted "their" for "his or
her" in the first sentence of paragraph N
Ordinance No. 99.32 amended paragraph P by
adding the first sentence, and deleted former
paragraph Q defining "Emergency." Ordinance
No. 2005.22 rewrote paragraph P.
4/30/09
Title 2. Mayor and Council ()
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.
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.
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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 SPECIAL AND STANDING BOARDS, COMMISSIONS
AND COMMITTEES
Section 2 -6 -1 Creation and dissolution
A. The council may create and dissolve those special and standing
boards, commissions or committees as it deems necessary upon a
majority vote of the council, except as otherwise provided in this
code or as required by statute.
B. Unless already prescribed elsewhere in the applicable law, the mo-
tion or resolution creating a board, commission or committee shall
describe its powers and purpose and establish the number and
qualifications of its membership.
C. The motion or resolution creating a special board, commission or
committee may provide for its dissolution after a period of time or
upon completion of its assigned task.
D. The board, commission or committee shall exercise its powers and
purpose with respect to matters within or affecting the jurisdictional
boundaries of the town, unless the motion or resolution creating the
board, commission or committee provides otherwise.
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Section 2 -6 -2 Application, recommendation, appointment and
Ordinance No. 2006.25 replaced former sec -
removal
tion 2 -6 -2 with this section. Paragraphs 8
and C were revised by Ordinance No.
A. Vacancies on new and existing citizen boards, committees and
2008.15. See Ordinance Nos. 96.13 and
commissions shall be announced on the town's internet web site
99.32 for prior history.
with an open invitation soliciting applications from interested citi-
zens. Additional notices may be published and posted as directed
by the town manager.
B. After the announcement is first published the town clerk shall re-
ceive citizen applications for a minimum of ten working days unless
an insufficient number of applications have been received in which
case the town clerk shall continue to receive applications until
enough have been received to fill the vacancy or vacancies.
C. No more than ten days after the close of the application period, as
provided in paragraph B above, the town clerk shall forward all ap-
plications to the town manager.
D. The town manager and /or one or more individuals appointed by the
town manager shall review the applications, investigate the qualifi-
cations of the applicants, and make a recommendation to the town
council concerning the appointment.
E. The town council shall receive the applications and the recommen-
dation at a regularly scheduled public meeting not more than thirty
days after the town manager's receipt of the applications. The town
clerk shall mail each citizen applicant notice of the public meeting
concerning the appointment.
F. At the public meeting concerning the appointment, the town council
may do one or more of the following:
1. Interview one or more applicants either in public or in an execu-
tive session scheduled for that purpose.
2. Make one or more appointments.
3. Order the solicitation of additional applications.
4. Take applications from the audience.
5. Receive nominations from members of the town council.
6. Take any other action it deems appropriate.
G. Citizen members of boards, committees and commissions shall
serve without compensation, except for reimbursement of town -
approved necessary and reasonable expenses incurred in accom-
plishing the purposes of the board, committee or commission.
H. A member of any board, committee or commission may be removed
from office with or without cause by a majority vote of the entire
membership of the town council.
Section 2 -6 -3 Terms of office
Section 2 -6 -3 was added by Ordinance
All terms of office for boards, commissions and committees shall be for
No. 2006.25 and revised by Ordinance
No. 2008.15.
two years with a maximum of three consecutive terms allowed not to
exceed a maximum of six consecutive years, except that the initial
terms of office of any new board, commission or committee shall be
staggered so that the terms of no more than a simple majority of mem-
bers ends every two years.
MARANA TOWN CODE 2 -16 4130109
{00001471.DOC121)
Title 2. Mayor and Council ()
Section 2 -6 -4 Modification by motion or resolution
section 2 -6 -4 was added by Ordinance
The town council may by motion or resolution modify any Of the proce-
No. 2006.25
dures set forth in this chapter where it deems appropriate for a particu-
lar vacancy, board, commission or committee.
Section 2 -6 -5 Applicability of this chapter
Section 2 -6 -5 was added b y Ordinance
Except as they may later be modified by motion or resolution pursuant
No. 2006.25
to section 2 -6 -4, the procedures set forth in this chapter shall apply to
all new or existing boards, commissions and committees.
Chapter 2 -7 [RESERVED]
Ordinance No. 2006.25 deleted chapter 2 -7
( "special committees')
Chapter 2-8 [RESERVED]
Ordinance No. 2006.25 deleted chapter 2 -8
( "planning and zoning commission')
Chapter 2 -9 [RESERVED]
Ordinance No. 2006.25 deleted chapter 2 -9
( "board of adjustment')
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-
MARANA TOWN CODE 2 -17 4130109
{00001471.DOC121)
Title 2. Mayor and Council
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,
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
MARANA TOWN CODE 2 -18
{00001471.DOC121)
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.
4/30/09
Title 2. Mayor and Council
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
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.DOC121)
2 -19
4/30/09
Title 3 J17
Administration
CHAPTER 3 -1 OFFICERS, DEPARTMENT HEADS, AND EMPLOYEES ...... ..............................1
CHAPTER 3 -2 OFFICERS AND OTHER POSITIONS .................................... ............................... 5
CHAPTER 3 -3 PERSONNEL POLICIES ......................................................... .............................12
CHAPTER 3 -4 PURCHASING ......................................................................... .............................14
{00001471. DOC / 21}
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
Nos. 96.14 and 98.22.
EMPLOYEES
Section 3 -1 -1 Town officers
Section 3 -1 -1 was amended by Ordinance
A. There are hereby created, in addition to the mayor and town council
Nos. 2005.22 and 2006.14. Ordinance
members, the following officers of the town. An officer is defined as
No. 2005.22 added "assistant town manager"
a person who holds an office of trust, command and authority, and
and combined "town clerk" and "town
the method of appointment or term of the officer has no relevance
" mar-
shal. Ordinance No. 2006.14 added deputy
"town "
to authority granted.
town manager" and deleted marshal.
1. Town manager
2. Deputy town manager
3. Assistant town managers
4. Town clerk
5. Town engineer
6. Town attorney
B. These officers shall be appointed from time to time as set forth in
this code.
Section 3 -1 -2 was revised by Ordinance
Section 3 -1 -2 Positions appointed by the town council, town
Nos. 2000.20, 2001.06, 2001.08, 2003.13
manager, deputy town manager, assistant town
and 2006.14. Ordinance No. 2001.06 revised
managers & department heads
paragraph 8 to refer to section 5 -2 -1. Ordi-
nance No. 2001.08 added the Court Adminis-
A. The position of town manager shall be appointed from time to time
trator as a Town manager appointee. Ordi-
by the town council, and shall be employed at the will of the town
nance No. 2003.13 made the Town attorney a
council. This position shall have no term of office, shall be at -will,
Town manager appointee and updated vari-
ous department head designations. Ord
and shall report directly t0 the town council.
nance No. 2006.14 made revisions to ac-
B. The town magistrate shall be appointed b the town council in ac-
g y
commodate the deputy town manager posi-
tion and eliminated the list of individual de
cordance with section 5 -2 -1.
partment heads.
C. The following positions shall report to the town manager, shall be
appointed from time to time by the town manager, shall have no
term of office, shall be at -will, and shall work at the pleasure of the
town manager.
1. Deputy town manager
2. Assistant town managers
3. Town clerk
4. Town engineer
5. Town attorney
D. The following positions shall report to the town manager, except
that the town manager may designate in writing that one or more of
these positions shall report to the deputy town manager or assistant
town manager. Each of these positions shall be appointed from time
to time by the town manager, deputy town manager or assistant
town manager to whom he or she reports. Each of these positions
shall have no term of office, shall be at -will, and shall work at the
pleasure of the town manager, deputy town manager or assistant
town manager to whom he or she reports.
MARANA TOWN CODE 3 -1 4130109
{00001471.DOC121)
Title 3. Administration ()
1. Department heads
2. Special projects administrator
3. Assistants to the town manager
4. General managers
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, deputy town manager or assistant town manager to
whom the department head reports, 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 Section 3 -1 -3 was amended by Ordinance
All offices in the town are divided into classified, unclassified, term- Nos. 2000.20, 2001.08, 2003.13, 2005.22,
limited temporary and short -term te service. The extent to 2006.14, and 2008.19
p Y p Y
which certain personnel rules or provisions apply to particular employ-
ees will depend upon whether those employees are working as classi-
fied, unclassified, term - limited temporary or short -term temporary em-
ployees.
A. Classified Service All employees of the town not specifically listed
as an unclassified, term - limited temporary or short -term temporary
employee shall be part of the classified service. Different rules and
policies, however, may be established for different groups of em-
ployees within the classified service. Classified employees are di-
rected to the personnel manual for direction and employment pro-
tections 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. Unclassified employees are "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. With the exception of the town
manager, at -will employees do not have employment contracts, are
not guaranteed any minimum length of employment, and do not
have access to the personnel action review board procedures. Un-
classified employees are not subject to the salary schedule, and
shall be paid according to performance and qualifications, to be de-
termined by the town. However, unclassified employees shall re-
ceive any general salary increases that may be granted from time to
time, except that the town manager shall only receive general sal-
ary increases if they are provided for in an employment contract
duly authorized by the council. The following shall be unclassified
employees:
1. Town manager
2. Deputy town manager
3. Assistant town managers
4. Town clerk
5. Town engineer
MARANA TOWN CODE 3 -2 4130109
{00001471.DOC121)
Title 3. Administration ()
6. Town attorney
7. Department heads
8. Special projects administrator
9. Assistants to the town manager
10. General managers
11. Assistant chief of police
12 Police commander
C. Term - limited temporary employment This category of employment
is comprised of temporary positions, with work related to a specific Paragraphs C and D were added by Ordi-
grant, capital improvement project, technology services project or nance No. 2008.19
other non - routine substantial body of work, for a term of six to 36
months. Term - limited temporary employees are "at- will" employees.
"At- will" employment is defined as employment that may be termi-
nated upon the will of the employer or employee, at any time with or
without cause. At -will employees do not have employment con-
tracts, are not guaranteed any minimum length of employment, and
do not have access to the personnel action review board proce-
dures. Term - limited temporary employees are not subject to the
salary schedule, and shall be paid according to performance and
qualifications, to be determined by the town manager or designee.
However, term - limited temporary employees shall receive any gen-
eral salary increases that may be granted from time to time. All
benefits afforded to classified employees, except those specifically
excluded by this paragraph, shall be afforded to term - limited tempo-
rary employees. Term - limited temporary employees shall be ap-
pointed by the town manager or designee as needed to work on the
following projects:
1. Grant - funded projects. Projects or activities that are funded by
special grants for a specific time period or activity and that are
not regularly available or predictable to the town.
2. Technology services projects. Projects involving the planning and
implementation of new technology services systems for the town.
Term - limited temporary employees may not be used for on -going
maintenance of systems that have been implemented.
3. Capital improvement projects. Management of major capital im-
provement projects. Term - limited temporary employees may not
be used for ongoing management of public facilities once they
have been built.
4. Miscellaneous projects. Other significant and substantial projects
or bodies of work that, in the discretion of the town manager or
designee, are deemed appropriate for term - limited temporary
employees. These projects must be either non - routine or related
to the initiation or reorganization of a town function, department
or project.
5. Temporary placement in regular positions. Term - limited tempo-
rary employees may be placed in regular classified or unclassi-
fied positions within the Town for a period of six months or more
due to an extended leave of absence of a regular employee.
MARANA TOWN CODE 3 -3 4130109
{00001471.DOC121)
Title 3. Administration ()
D. Short -term temporary employment This category of employment is
comprised of temporary positions for a time period that does not
exceed six months or 1040 hours in a rolling 12 -month period.
These positions would be used to augment the workforce due to
seasonal and other specific temporary workload needs that require
additional staffing. Short -term temporary employees are "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 em-
ployment contracts, are not guaranteed any minimum length of em-
ployment, and do not have access to the personnel action review
board procedures. Short -term temporary employees are not subject
to the salary schedule, and shall be paid according to performance
and qualifications, to be determined by the town manager or desig-
nee. Short -term temporary employees shall not receive benefits
provided to other employees of the town. Short -term temporary em-
ployees are subject to work rules established by the town.
Section 3 -1 -4 Non - employee positions
Section 3 -1 -4 was amended by Ordinance
The following appointed positions shall not be considered to be em- No. 2008.19
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. 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
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
MARANA TOWN CODE 3 -4 4130109
{00001471.DOC121)
Title 3. Administration ()
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 was revised by Ordinance
Nos. 2000.20, 2003.13 and 2006.14. Ordi-
Section 3 -2 -1 Town manager
nance No. 2000.20 made amendments to
A. Office established The position of town manager is hereby created
address the creation of the assistant Town
manager position. Ordinance No. 2003.13
and established. The town manager shall be appointed by a major-
made minor corrections. Ordinance
ity of the town council on the basis of his or her executive and ad-
No. 2006.14 deleted a paragraph entitled
ministrative qualifications and his or her knowledge of accepted
"Bond" and made revisions to accommodate
practice in respect to the duties of the office as set forth below. The
the new deputy town manager position.
town manager shall serve at the pleasure of the town council.
B. 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.
C. Temporary absence During the temporary absence or disability of
the appointed town manager, the deputy town manager shall per-
form the duties of town manager. If the deputy town manager is ab-
sent, unable or unwilling to perform the duties of town manager, the
town council shall designate an assistant town manager to perform
the duties of town manager.
D. 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 the deputy town manager or any individual
selected by the town council.
E. 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.
F. 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
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.
G. 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:
4130109
MARANA TOWN CODE 3 -5
{00001471.DOC121)
Title 3. Administration ()
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
Ordinance No. 2003.13 amended paragraph 3
shall appoint and, when necessary, suspend or remove the ap-
by inadvertently deleting all but the first sen-
pointive officers and employees set forth in section 3 -1 -2. All ap-
tence. Ordinance No. 2005.22 restored the
pointments and removals shall be based upon merit and upon
second and third sentences but removed "town
the qualifications or disqualifications of the officer or employee
attorney and" before "town magistrate" to con -
without an regard to political belief or affiliation, and in coordina-
g y p
form to the establishment of the town attorney
as a town manager appointed officer under
tion with the appropriate department head. The power of ap-
Ordinance No. 2003.13.
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-
Ordinance No. 2005.22 amended para-
graph 6 to delete reference to the town man -
partments, divisions or services of the town government;
ager as purchasing director, to conform to
7.
The town manager shall analyze and supervise the functions, du-
Ordinance No. 2002.22
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
MARANA TOWN CODE 3 -6 4130109
{00001471.DOC121)
Title 3. Administration ()
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.
H. Limitations upon responsibility The town manager shall not exer-
cise any policy- making or legislative functions whatsoever, or at-
tempt to commit or bind the 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 town manager which is vested in or im-
posed by general law or town ordinances in any town commission,
board, officer or employee except as specifically set forth in this
code.
I. 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.
MARANA TOWN CODE 3 -7 4130109
{00001471.DOC121)
Title 3. Administration ()
Section 3 -2 -2 Deputy town manager
Section 3 -2 -2 was added by Ordinance
A. Office established The position of deputy town manager is hereby
No. 2006.14
created and established. The deputy town manager shall be ap-
pointed by the town manager and shall perform the duties of the of-
fice of the town manager when the town manager is absent and as
delegated under the general and specific direction of the town man-
ager from time to time.
B. Compensation The deputy town manager shall receive such com-
pensation as the town manager shall fix at the time of the deputy
town manager's appointment, and the compensation shall be a
proper charge against the funds of the town. The deputy town man-
ager 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 itemized claim, setting forth the sums
expended for which reimbursement is requested, has been pre-
sented.
C. Powers and duties The deputy town manager shall be responsible
to the town manager for the proper administration of all affairs dele-
gated by the town manager. During the town manager's absence,
the deputy town manager shall perform the duties of the town man-
ager. The town manager may delegate to the deputy town manager
any of the town manager's authority, but in no event shall the dep-
uty town manager's authority exceed the town manager's powers
and duties set forth in section 3- 2 -1(H).
D. Limitations upon responsibility The deputy 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 ac-
tion of the town council. It is not intended by this chapter to grant
any authority to, or impose any duty upon, the deputy 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.
E. Conduct In the discharge of his or her duties, the deputy 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 Assistant town manager
A. Office established The position of assistant town manager is
This section was added by Ordinance
No. 2000.20 and amended by Ordinance
hereby created and established. One or more assistant town man -
Nos. 2003.13, which made minor corrections,
agers shall be appointed by the town manager, consistent with
and 2006.14, which deleted a paragraph enti-
budget authority approved by the town council, and shall perform
tled "Bond" and made revisions to accommo-
the duties of the office of the town manager as delegated under the
g g
date the addition of the deputy town manager
position.
general and specific direction of the town manager, by memoran-
dum, from time to time, through the human resources department.
MARANA TOWN CODE 3 -8 4130109
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Title 3. Administration ()
At the town manager's discretion, one or more assistant town man-
ager positions may be identified by their specifically delegated re-
sponsibilities and not as assistant town manager.
B. Compensation Assistant town managers shall receive such com-
pensation as the town manager shall fix at the time of appointment
of the assistant town manager, and the compensation shall be a
proper charge against the funds of the town. An 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.
C. Powers and duties Assistant town managers shall support the town
manager and shall be responsible to the town manager for the
proper administration of all affairs delegated by the town manager.
The town manager may delegate to an assistant town manager any
of the town manager's authority, but in no event shall an assistant
town manager's authority exceed the town manager's powers and
duties set forth in section 3- 2 -1(H).
D. Limitations upon responsibility Assistant town managers shall not
exercise any policy- making or legislative functions whatsoever, or
attempt to commit or bind the town manager, deputy town manager,
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, an as-
sistant town manager that is vested in or imposed by general law or
town ordinances in any town commission, board, officer or em-
ployee except as specifically set forth in this code.
E. Conduct In the discharge of his or her duties, an 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 -4 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. 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-
sibilities of the town clerk as established by law, this code or other
ordinance.
C. Compensation The town clerk shall receive such compensation as
the town manager shall fix at the time of appointment of the town
MARANA TOWN CODE 3 -9
{00001471.DOC121)
This section was amended by Ordinance
Nos. 2000.20, 2003.13 and 2006.14. Ordi-
nance No. 2006.14 deleted a paragraph enti-
tled "Bond" and deleted former section 3 -2 -4
entitled "town marshal"
Ordinance No. 2003.13 amended para-
graph B by removing references to the deputy
town clerk.
4/30/09
Title 3. Administration ()
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.
D. Powers and duties The town clerk shall have those powers and
duties set forth by state law as well as town ordinance, resolution,
order 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
a er directs. The town clerk shall number, plainly label, and file
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.
10. The town clerk shall be the town marshal and shall perform du-
ties of the town marshal required by law and as the town man-
ager may deem necessary.
4130109
MARANA TOWN CODE 3 -10
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Title 3. Administration ()
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
Nos. 2000.20 and 2006.14. Ordinance
manager and shall perform the duties of the office of town engineer
No. 2006.14 deleted a paragraph entitled
"Bond"
under the general and specific direction of the town manager.
B. 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.
C. 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 ma._ istrate 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-
References to the municipal court were stan-
cer of the municipal court and shall perform those functions neces-
dardized by authorization of Ordinance
sary to the maintenance of the municipal court as provided by state
No. 2007.32, section 2
statute and by title 5 of this code.
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, 2003.13 and 2006.14. Ordi-
and established. The town attorney shall be appointed by the town
nance No. 2003.13 amended paragraph A to
manager and shall be chosen on the basis of his or her qualifica-
provide for appointment by the town man-
tions and knowledge of accepted practice in respect to the duties of
ager. Ordinance No. 2006.14 deleted a para-
the office as set forth in this section, and shall perform the duties of
araah entitled 'Bond"
the office of town attorney under the general and specific direction
of the town manager.
B. 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-
tion, and said compensation shall be a proper
charge against such funds of the town as the
MARANA TOWN CODE 3 -11
{00001471. DOC / 21}
town council shall designate" to conform to
Ordinance No. 2003.13
Title 3. Administration ()
proved 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 ap-
proved by the town manager.
C. 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
causes where the town is a party and report to the town manager
the condition of any suit or action to which the town is a party.
Section 3 -2 -8 Department heads
A. Offices established The positions of department heads are hereby
created and established in accordance with section 3 -1 -2. Each de-
partment head shall be appointed, suspended or removed by and
shall perform their duties under the general and specific direction of
the town manager, deputy town manager or assistant town man-
ager to whom he or she reports.
B. Compensation Department heads shall receive such compensation
as the town manager, deputy town manager or assistant town man-
ager to whom he or she reports shall fix from time to time.
C. Duties Department heads shall be charged with the responsibilities
set forth by and shall perform the duties of their office under the
general and specific direction of the town manager, deputy town
manager or assistant town manager to whom he or she reports.
Section 3 -2 -9 Special projects administrator
A. Office established The position of special projects administrator is
hereby created and established. The special projects administrator
shall be appointed as set forth in section 3 -1 -2 and shall undertake
special projects as delegated by the town manager's office from
time to time.
B. Compensation The special projects administrator shall receive such
compensation as the appointing officer shall fix at the time of ap-
pointment, and the compensation shall be a proper charge against
the funds of the town.
MARANA TOWN CODE
{00001471.DOC121)
3 -12
Ordinance No. 2003.13 amended para-
graph 6 by replacing "Town council" with
"Town manager"
Section 3 -2 -8 was amended by Ordinance
Nos. 2000.20, 2001.08, 2003.13 and
2006.14. Ordinance No. 2003.13 removed a
list of department heads from paragraph A
that had been modified by Ordinance
Nos. 2000.20 and 2001.08. Ordinance
No. 2006.14 made revisions relating to the
addition of the deputy town manager position.
Section 3 -2 -9 was added by Ordinance
No. 2006.14
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Title 3. Administration ()
C. Powers and duties The special projects administrator shall be re-
sponsible to and shall undertake all duties delegated by the town
manager, deputy town manager or assistant town manager.
Section 3 -2 -10 Assistants to the town manager
Section 3 -2 -10 was added by Ordinance
A. Office established The position of assistant to the town manager is
No. 2006.14
hereby created and established. Consistent with budget authority
approved by the town council, assistants to the town manager shall
be appointed as set forth in section 3 -1 -2 and shall perform such
duties and functions as delegated by the town manager, deputy
town manager or assistant town manager, by memorandum, from
time to time, through the human resources department.
B. Compensation Assistants to the town manager shall receive such
compensation as the appointing officer shall fix at the time of ap-
pointment, and the compensation shall be a proper charge against
the funds of the town.
C. Powers and duties Assistants to the town manager shall be re-
sponsible to and shall undertake all duties delegated by the town
manager, deputy town manager or assistant town manager to
whom he or she reports.
Section 3 -2 -11 General managers
Section 3 -2 -11 was added by Ordinance
A. Offices established The positions of general managers are hereby
No. 2008.19
created and established in accordance with section 3 -1 -2. Each
general manager shall be appointed, suspended or removed by and
shall perform their duties under the general and specific direction of
the town manager, deputy town manager or assistant town man-
ager to whom he or she reports.
B. Compensation General managers shall receive such compensation
as the town manager, deputy town manager or assistant town man-
ager to whom he or she reports shall fix from time to time.
C. Duties General managers shall be charged with the responsibilities
set forth by and shall perform the duties of their office under the
general and specific direction of the town manager, deputy town
manager or assistant town manager to whom he or she reports.
Section 3 -2 -12 Assistant chief of police
Section 3 -2 -12 was added by Ordinance
A. Office established The position of assistant chief of police is hereby
No. 2008.19
created and established in accordance with section 3 -1 -3. The as-
sistant chief of police shall be appointed, suspended or removed by
and shall perform his or her duties under the general and specific
direction of the chief of police.
B. Compensation The assistant chief of police shall receive such
compensation as the appointing officer shall fix at the time of ap-
pointment, and the compensation shall be a proper charge against
the funds of the town.
C. Duties The assistant chief of police shall be charged with the re-
sponsibilities set forth by and shall perform the duties of his or her
office under the general and specific direction of the chief of police.
MARANA TOWN CODE 3 -13 4130109
{00001471.DOC121)
Title 3. Administration ()
Section 3 -2 -13 Police commander
Section 3 -2 -13 was added by Ordinance
A. Office established The position of police commander is hereby cre- No. 2008.19
ated and established in accordance with section 3 -1 -3. The police
commander shall be appointed, suspended or removed by and shall
perform his or her duties under the general and specific direction of
the chief of police.
B. Compensation The police commander shall receive such compen-
sation as the appointing officer shall fix at the time of appointment,
and the compensation shall be a proper charge against the funds of
the town.
C. Duties The police commander shall be charged with the responsi-
bilities set forth by and shall perform the duties of his or her office
under the general and specific direction of the chief of police.
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.
MARANA TOWN CODE 3 -14 4130109
{00001471.DOC121)
Title 3. Administration ()
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;
B. Where funds for the purchase are not provided in the budget as
adopted.
Section 3 -4 -3 Purchasing director; duties
A. The finance director shall serve as the purchasing director and shall
Section 3 -4 -3 was amended by Ordinance
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
MARANA TOWN CODE 3 -15 4130109
{00001471.DOC121)
Title 3. Administration ()
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
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;
MARANA TOWN CODE 3 -16 4130109
{00001471.DOC121)
Title 3. Administration ()
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-
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.
MARANA TOWN CODE 3 -17
{00001471.DOC121)
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
4/30/09
Title 3. Administration ()
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
{00001471.DOC121)
3 -18
4/30/09
Title 4
Police Department
CHAPTER 4 -1 POLICE DEPARTMENT .......................................................... ...............................
{00001471. DOC / 21}
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 4130109
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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.
Section 4 -1 -8 Public safety employee - employer relations;
meet and confer Section 4 -1 -8 was added by Ordinance
No. 2007.05
A. Findings and purpose The town has a fundamental interest in main-
taining a harmonious and cooperative relationship between the
town and its public safety employees. Establishment of a formal
procedure for communications between the two can improve the
operations of town government. This section is intended to allow the
town and its public safety employees, acting within the established
framework, to enter into discussions to consider various matters re-
lating to wages, hours, and working conditions.
B. Definitions For purposes of this section, the following definitions
apply.
1. Designated public safety employee organization: The public
safety employee organization that has met the criteria for desig-
nation under this section and that is eligible to participate in the
meet and confer process established by this section.
2. Memorandum of understanding: The written document approved
by the council which incorporates the agreement resulting from
the meet and confer process.
3. Public safety employees: Full -time, Arizona certified sworn police
officers at the rank of officer and sergeant, police dispatchers,
police property and evidence technicians and police records
clerks. Persons who are employed on a contract, temporary, part
time or seasonal basis are not considered public safety employ-
ees.
C. Council and town management; rights and obligations
1. The council is the policymaking and legislative body of the town.
None of its rights, duties and obligations, as set forth in this
code, or otherwise established by law, shall be restricted by this
section.
2. The town's ordinances, rules and regulations, administrative di-
rectives, departmental rules and regulations, and work place
practices shall govern employee relations unless there is a spe-
cific conflict with the memorandum of understanding approved by
the council pursuant to this section. Where a specific conflict ex-
ists, the memorandum of understanding shall govern.
MARANA TOWN CODE 4 -2 4130109
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Title 4. Police Department ()
3. By way of illustration and not limitation, the town has the express
right:
a. To determine the purpose of each of its departments, agen-
cies, boards and commissions.
b. To set standards of service to be offered to the public, and to
exercise control and discretion over its organization and op-
erations.
c. To direct its employees, take disciplinary action, relieve its
employees from duty because of lack of work or for other le-
gitimate reasons, determine whether goods or services shall
be made, purchased or contracted for, and determine the
methods, means, and personnel by which the town's opera-
tions are to be conducted.
d. To take all necessary actions to maintain uninterrupted service
to the community.
4. The town manager may, at the manager's discretion or at the di-
rection of the council, consult with the town's employees, or their
authorized representatives, about the direct consequences that
decisions on these matters may have on wages, hours, and
working conditions.
5. It is the policy of the council that in matters involving employee
relations not expressly covered by an approved memorandum of
understanding between the town and the public safety employee
organization, decision - making authority shall rest with the town
manager.
D. Public safety employees; rights Public safety employees shall have
the right:
1. To form, join and participate in any employee organization or to
refrain from forming, joining or participating.
2. If they so choose, to be represented by the designated employee
organization, to meet and confer through a designated employee
organization with the town in the determination of wages, hours
and working conditions, and to be represented in the determina-
tion of grievances.
3. To represent themselves in grievance matters.
E. Meet and confer; scope
1. This meet and confer process includes the following matters:
a. Salary or wage rates or other forms of direct monetary com-
pensation and direct cost subjects.
b. Paid time off.
c. Leaves of absence.
d. Total hours of work required of an employee on each workday
or workweek, including overtime, compensatory time, rest and
meal periods.
e. Personnel records review.
MARANA TOWN CODE
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Title 4. Police Department
f. Discussions with personnel by group representatives.
g. Distribution of information.
h. Meet and confer procedures.
i. Procedure for employee grievances.
j. Matters mutually agreed upon by the public safety employee
organization and the town manager.
2. The following matters shall not be included in the meet and con-
fer process:
a. Employee discipline, hiring, discharging, promotions, demo-
tions, transfers or suspensions.
b. Any facet of the hiring, promotion or transfer of employees, the
types of discipline or the grounds for demotion, discharge,
suspension or discipline.
F. Meet and confer; process
1. The designated public safety employee organization shall select
three public safety employee members as its representatives.
The representatives shall meet and confer with the three repre-
sentatives designated by the town manager.
2. Representatives of the designated employee organizations shall
meet and confer solely with the town manager or the manager's
designated representatives.
3. On or before December 15 of any year in which meeting and
conferring is authorized by this section or by any council -
approved memorandum of understanding, the designated public
safety employee organization shall submit its proposal in writing
to the town manager. The proposal shall be in a form that can be
incorporated into a memorandum of understanding. Within 30
days, the representatives shall hold an initial meeting. At the ini-
tial meeting, the parties shall identify the issues to be discussed
and shall establish ground rules for negotiation, including a pro-
posed schedule for meeting and conferring.
4. Unless otherwise provided by this section, during negotiations
proposals shall remain confidential except that they shall be
available to the town manager, the public safety employee or-
ganization representatives, the employees within the employee
group and others as designated by the town manager.
5. The parties shall negotiate in good faith until an agreement is
reached or until one party declares that the parties are at an im-
passe. The agreed upon issues shall be incorporated into a
memorandum of understanding. If the parties are at an impasse
regarding any matter, they shall also prepare and submit a sepa-
rate, joint document listing the matters in dispute. The council
shall consider the memorandum of understanding and the mat-
ters in dispute at a public meeting. The public safety employee
organization and the town manager shall each be given an op-
portunity to state their position to the council. The council may
accept, reject or modify those areas of agreement within the pro-
posed memorandum of understanding and may take whatever
MARANA TOWN CODE 4 -4
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Title 4. Police Department ()
action they feel appropriate with regard to any areas in dispute.
Final action by the council shall constitute the memorandum of
understanding. The decision of the council shall be final.
6. Any portion of the meet and confer process that relates to eco-
nomic issues shall be concluded prior to May 1St
7. The memorandum of understanding shall be entered into for a
period of not less than two, nor more than three, years. Eco-
nomic issues may be subject to annual negotiation.
G. Qualification and recognition of designated public safety employee
organization; membership requirements
Any employee organization wishing to represent public safety
employees shall submit a memorandum to the town manager
within 30 days of the effective date of this section, and no later
than August 1 St of each year thereafter, indicating its desire to
represent public safety employees. The memorandum shall con-
tain the following information:
a. The name and address of the organization and of the desig-
nated contacts for the organization.
b. A copy of the organization's charter, constitution and bylaws, if
such documents exist.
c. The names, titles and telephone numbers of its duly elected
officers.
d. A statement that membership in the organization is not denied
because of race, color, national origin, religion, sex, disability,
marital or familial status, veteran status or political affiliation.
2. A petition shall be filed with the memorandum. The petition shall
include the printed name, employee number, date of signature
and signatures of at least 50% plus one of all public safety em-
ployees.
a. If the signature of an employee appears on petitions filed by
more than one employee organization, the employee's name
shall be struck from all employee organization petitions on
which it appears.
b. An employee may remove his or her name from a petition by
filing a memo with the town manager requesting removal. The
memo must be filed within five days after the petition is filed.
c. Upon the request of a public safety employee, the signatures
on a petition shall be verified by the town clerk.
3. Following the resolution of any challenges to the filed petitions,
the organization meeting the requirements of sections G.1 and
G.2 above shall be certified by the town manager as the desig-
nated public safety employee organization.
4. The designated public safety employee organization may request
that membership dues for all public safety employees who have
authorized dues deductions be withheld by the town and distrib-
uted to the organization.
MARANA TOWN CODE
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Title 4. Police Department ()
5. The designated public safety employee organization shall main-
tain a membership of not less than 50% of the members of its
employee group. At any time other than during the annual meet
and confer process, the town manager may:
a. Request that, within 15 days, the organization provide a list of
its public safety employee members.
b. If membership has fallen below the number necessary to qual-
ify as the representative organization, require the organization
to demonstrate the required membership within 90 days. If the
organization fails to do so, the organization shall no longer be
the designated public safety employee organization.
6. At any time other than during the annual meet and confer proc-
ess, an existing designated public safety employee organization
may be decertified and replaced by another organization. Decer-
tification occurs only when a new organization presents the town
manager with a petition which names the organization to be re-
placed, names the new organization and meets the requirements
of sections G.1. and G.2. above. The newly designated group
will remain bound by the existing memorandum of understanding
until the next authorized meet and confer process takes place.
H. Prohibited activities
1. The public safety employee organization, its members or its rep-
resentatives shall not:
a. Restrain or coerce employees in the exercise of their rights
under this section;
b. Refuse to meet and confer with the town;
c. Discuss negotiation matters with members of the council from
the time the organization makes its presentation to the town
manager until items in dispute have been submitted to the
council for their determination;
d. Use town time, property or equipment for employee organiza-
tion business, except as specified in the memorandum of un-
derstanding or as provided to the general public;
e. Obstruct, restrain or coerce any employee, employee repre-
sentative, elected or appointed town official, or representative
of the town in the exercise of any right provided by this sec-
tion, for the purpose of gaining a concession under this sec-
tion, during negotiations, in the selection of its agent for meet-
ing and conferring, or in adjustment of grievances;
f. Refuse or fail to comply with any provision of this section.
2. The town, its management and its representatives, shall not:
a. Interfere with employee rights under this section;
b. Discriminate against an employee with regard to terms and
conditions of employment because of the employee's mem-
bership status in an employee organization, or because an
employee invoked rights under this section;
MARANA TOWN CODE
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4/30/09
Title 4. Police Department
c. Discriminate in regard to hiring, or any term or condition of
employment, in order to encourage or discourage member-
ship in an employee organization;
d. Refuse to meet and confer with an authorized representative
of the designated public safety organization; provided, it shall
not be a violation of this subsection for the town to refuse to
meet and confer about economic items between May 1st and
December 15th;
e. Refuse or fail to comply with any provisions of this section.
3. Except as expressly authorized in this section, solicitation of
members, collection or payment of dues, and all other internal
employee organization business shall be conducted only during
non -duty hours and shall not occur on the town's premises.
4. Employee organizations and employees shall not engage in, ini-
tiate, sponsor or direct a strike, work stoppage, slowdown, sick -
out or other similar activity. The employee organization conduct-
ing any such prohibited practice shall immediately be decertified
as a designated public safety employee organization, shall be
ineligible to be recertified for two years and shall be ineligible for
payroll deductions of dues for a like period of time. Any em-
ployee who engages in any prohibited practice may be subject to
disciplinary action, including termination.
5. Nothing contained in this section shall prohibit the public safety
employee organization from determining and maintaining its own
rules for obtaining or retaining membership in the organization,
so long as the rules do not purport to confer any rights to repre-
sentation by the association other than that provided by this sec-
tion.
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
CHAPTER 5 -7
CHAPTER 5 -8
MUNICIPAL COURT ESTABLISHED; JURISDICTION .......... ..............................1
MAGISTRATE DEPARTMENT ................................................ ..............................1
COURT ADMINISTRATION DEPARTMENT ........................... ..............................2
PROCEEDINGS OF COURT .................................................... ..............................3
JURYSYSTEM ........................................................................ ............................... 3
FEES ........................................................................................ ............................... 3
CIVIL TOWN CODE VIOLATIONS ........................................... ..............................5
HOME DETENTION PROGRAM ............................................. ............................... 8
{00001471. DOC / 21}
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, 2001.08 and 2007.32. Ordi
The town magistrate shall be appointed by the town council to a two
nance No. 2001.06 provided for the appoint -
year term beginning July 1 of each even numbered year and automati-
ment of the Town magistrate in even - numbered
cally expiring on June 30 of the next - following even numbered year.
years instead of odd- numbered years, and
During said term, the town magistrate and assistant magistrates may
extended the sitting Town magistrate's term of
be removed only or cause. The p rovisions of this chapter shall not a -
y p p p
office by one year. Ordinance No. 2001.08
added a second sentence, appointing the town
ply to special magistrates or acting magistrates appointed by the coun-
magistrate as the department head of the mag-
cil, for the purposes of hearing a particular case, or as a substitute for
istrate department, which was deleted by Ordi-
the town magistrate in the town magistrate's absence.
nance No. 2007.32.
Section 5 -2 -2 Powers and duties of town magistrate
The town magistrate shall be the presiding officer of the municipal
g g
section 5 -2 -2 was rewritten by Ordinance
Nos. 2001.08 and 2007.32.
court. In addition to the powers and duties of a presiding officer, the
powers 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, court administrator and other person-
nel of the municipal court.
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 4130109
{00001471.DOC121)
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 code violation cases and civil
traffic violation cases when the appointment of hearing officers is nec-
essary to assure prompt disposition of the cases. Hearing officers may
hear and dispose of civil code violation cases and 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, chap-
ter 2, Article 4, Arizona Revised Statutes.
Chapter 5 -3 COURT ADMINISTRATION DEPARTMENT
Section 5 -3 -1 Court administrator
There shall be appointed by the town magistrate a court administrator.
The court administrator shall provide administrative supervision of the
municipal court, under the direction of the town magistrate.
Section 5 -3 -2 Powers and duties of court administrator
The powers and duties of the court administrator shall include:
A. The supervision of the court clerk in keeping a docket where each
action and the proceedings of the court in each action shall be en-
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 by the town magistrate.
Section 5 -3 -3 Personnel
The municipal court shall employ the following personnel, 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 municipal
court.
MARANA TOWN CODE 5 -2
{00001471.DOC121)
Section 5 -2 -3 was modified by Ordinance
No. 2006.15 to add civil code violation cases
Chapter 5 -3 was adopted by Ordinance
No. 2001.08
Section 5 -3 -1 was modified by Ordinance
No. 2007.32 to place the court administrator
under the direction of the town magistrate
The introductory paragraph and paragraph E
of Section 5 -3 -2 were modified by Ordinance
No. 2007.32
Paragraph A was rewritten by Ordinance
No. 2005.22
The introductory paragraph and paragraph C
of Section 5 -3 -3 were modified by Ordinance
No. 2007.32
4/30/09
Title 5. Municipal Court ()
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
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
References to the municipal court throughout
section 5 -6 -1 were standardized by authori-
the fees charged to the town treasury for returned checks and addi-
zation of Ordinance No. 2007.32, section 2
tional costs incurred due to court non - appearance.
1. The fee for the taking of a default judgment shall be $65.
Ordinance No. 2006.08 modified subpara-
graph 1 by increasing the fee to $65
2. The fee for all returned checks shall be $20 per item.
B. The following municipal court fees are established, to be imposed in
addition to fees otherwise assessable by statute.
Paragraphs 8, C and D were added by Ordi-
nance No. 99.01 and paragraphs 8 and D
1. Any person who has been convicted of a misdemeanor criminal
were rewritten by Ordinance No. 2006.08
offense in the municipal court and sentenced to a term of incar-
ceration in any detention facility authorized by law shall be re-
quired 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
agreement the municipal court shall impose a $40 per citation
Ordinance No. 2007.21 modified subpara-
graph 2 by increasing the fee to $40
prosecution fee against each defendant, unless a higher or lower
amount is imposed by a written plea agreement based 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 municipal court's costs for processing war-
MARANA TOWN CODE 5 -3 4130109
{00001471.DOC121)
Title 5. Municipal Court ()
rants when a municipal court magistrate issues a warrant for fail-
ure to comply with a court order, failure to pay a fine, failure to
pay restitution or failure to appear.
4. The municipal court shall impose a court improvement fee in the
amount of $35 per citation which shall be applied by the court on Ordinance No. 2007.21 modified subpara-
graph 4 by increasing the fee to $35
all fines, sanctions, penalties and assessments imposed by the
court.
5. A jury cancellation fee shall be imposed on a party who requests
a jury trial and then decides, within five days before the trial and
after the court has arranged for a jury to be impaneled, not to
proceed with the jury trial. The jury cancellation fee shall equal
the actual costs incurred to cancel the jury (typically $100 to
$400).
6. Each defendant allowed to complete community service in lieu of
paying any fine, fee or surcharge shall be charged a fee of $5 to
cover part of the cost of monitoring his or her progress on com-
pleting the community service.
7. A $40 fee for service of process on an order of harassment, sub-
ject to the limitations set forth in A.R.S. § 12- 18O9(D).
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 municipal court including,
but not limited to, restitution, fees, sanctions, surcharges, as-
sessments, 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 including at-
torney fees and costs, and fees and charges assessed by a col-
lection agency licensed pursuant to title 32, chapter 9, Arizona
revised statutes, that is engaged to collect and enforce that obli-
gation.
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 municipal 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.
D. There is hereby established a court improvement fund which shall
be used exclusively to enhance the technological, operational and
security capabilities of the municipal court. The court improvement
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 improve-
ment fund account. Half of the court improvement fund shall be
available for use as determined by the court for training, additional
contract work, temporary court help, and other similar purposes, as
documented in a manner requested by the town manager. The town
treasurer shall invest the monies in the fund in the same manner as
MARANA TOWN CODE 5 -4 4130109
{00001471.DOC121)
Title 5. Municipal Court ()
town funds. Interest earned on fund monies shall be deposited in
the fund.
Section 5 -6 -2 Probation fees
A. When granting court - monitored probation to a defendant, the court
Section 5 -6 -2 was added by Ordinance No. 2007.12
shall, as a condition of probation, assess a monthly probation moni-
toring fee.
B. The monthly probation monitoring fee shall reflect the actual costs
of the monitored probation, including probation intake sessions, any
necessary testing, court- ordered treatment and any other necessary
costs. The monthly probation monitoring fee shall not be less than
the sum specified in A.R.S. § 13- 901(A) or any successor provision,
except that the court may assess a lesser fee after determining that
the probationer is unable to pay the fee.
C. The monthly probation monitoring fee shall only be assessed when
a defendant is placed on monitored probation.
CHAPTER 5 -7 CIVIL TOWN CODE VIOLATIONS
Chapter 5 -7 was added by Ordinance
Section 5 -7 -1 Town code violations treated as civil matters
No. 2006.15
Violations of the town code for which a civil sanction is imposed shall
be treated as civil matters as provided in this chapter.
Section 5 -7 -2 Commencement of action; jurisdiction of Marana
municipal court
A. A civil code violation case is commenced by issuance of a uniform
civil code complaint as provided in this chapter. A civil code viola-
tion case shall be commenced within one year of the alleged viola-
tion.
B. The Marana municipal court shall have jurisdiction over all civil vio-
lations of the town code.
Section 5 -7 -3 Service of uniform civil code complaint
A. A uniform civil code complaint may be served by delivering a copy
of the uniform civil code complaint to the person charged with the
violation or by any means authorized by the Arizona rules of civil
procedure.
B. The original complaint shall be filed in the Marana municipal court
within five days after a complaint is issued. Any peace officer or
duly authorized agent of the town may issue the complaint.
Section 5 -7 -4 Authority to detain persons to serve civil code
complaint; failure to provide evidence of
identity; penalty
A. A peace officer or duly authorized agent of the town may stop and
detain a person as is reasonably necessary to investigate an actual
or suspected violation of the town code and to serve a copy of a
civil code complaint.
B. A person who fails or refuses to provide evidence of his or her iden-
Ordinance No. 2007.32 added "class 1" be-
tity to a peace officer or duly authorized agent of the town upon re-
fore "misdemeanor" in paragraph 8
quest, when the officer or agent has reasonable cause to believe
the person has committed a violation of the town code, is guilty of a
MARANA TOWN CODE 5 -5 4130109
{00001471.DOC121)
Title 5. Municipal Court
class 1 misdemeanor and upon conviction shall be punished by a
fine not to exceed $2,500 or by imprisonment for a period not to ex-
ceed 6 months, or by both such fine and imprisonment.
Section 5 -7 -5 Form for civil code complaints
The civil code complaint shall
be in the form of the document
marked "town of Marana
uniform civil code complaint"
reproduced in and made a part
of this section by this reference,
and shall contain notice that
default judgment will be entered
and a civil sanction and order to
abate the violation will be
imposed on a person who is
cited and fails to appear as
directed in the complaint.
Section 5 -7 -6 False
certification
of civil code
complaints
A. A civil code complaint need
not be sworn to if it contains
a form of certification by the
T I - JW J :EF NI.LA C , _IF1_JR%,! C n1l ( , :: , ICE
issuing officer in substance
as follows: "I hereby certify that I have reasonable grounds to be-
lieve and do believe that the person named in this complaint com-
mitted the civil violation described in this complaint."
B. A false certification under this section constitutes perjury.
Section 5 -7 -7 Admission or denial of allegations in complaint;
hearings; findings of court; civil sanction; order
to abate
A. A person named in a civil code complaint shall appear at the time
and place stated in the complaint or may appear prior to the time if
so authorized by the court and upon the directions contained in the
complaint and admit or deny the allegations of the complaint. Alle-
gations not denied at the time of appearance are admitted. No fee
shall be charged for appearance in a civil code violation case.
B. If the person named in a civil code complaint admits the allegations
in the complaint, the court shall enter judgment for the town and im-
pose a civil sanction.
C. Allegations in a civil code complaint may be admitted with an expla-
nation. When this occurs, the court shall enter judgment for the
town and impose a civil sanction determined with the court's due
consideration of the explanation submitted.
D. If the person named in a civil code complaint denies the allegations
of the complaint, the court shall set the matter for hearing. All civil
code violation hearings are informal and without a jury, and the
town is required to prove the violation by a preponderance of the
MARANA TOWN CODE
{00001471.DOC121)
5 -6
4/30/09
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lieve and do believe that the person named in this complaint com-
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B. A false certification under this section constitutes perjury.
Section 5 -7 -7 Admission or denial of allegations in complaint;
hearings; findings of court; civil sanction; order
to abate
A. A person named in a civil code complaint shall appear at the time
and place stated in the complaint or may appear prior to the time if
so authorized by the court and upon the directions contained in the
complaint and admit or deny the allegations of the complaint. Alle-
gations not denied at the time of appearance are admitted. No fee
shall be charged for appearance in a civil code violation case.
B. If the person named in a civil code complaint admits the allegations
in the complaint, the court shall enter judgment for the town and im-
pose a civil sanction.
C. Allegations in a civil code complaint may be admitted with an expla-
nation. When this occurs, the court shall enter judgment for the
town and impose a civil sanction determined with the court's due
consideration of the explanation submitted.
D. If the person named in a civil code complaint denies the allegations
of the complaint, the court shall set the matter for hearing. All civil
code violation hearings are informal and without a jury, and the
town is required to prove the violation by a preponderance of the
MARANA TOWN CODE
{00001471.DOC121)
5 -6
4/30/09
Title 5. Municipal Court ()
evidence. Technical rules of evidence do not apply, except for
statutory provisions relating to privileged communications. A person
who elects to be represented by counsel shall notify the court of this
fact at least ten days prior to the hearing date. Hearings may be re-
corded. If the court finds in favor of the person, the court shall enter
an order dismissing the civil code violation case. If the court finds in
favor of the town, the court shall enter judgment for the town and
impose a civil sanction.
E. If the person served with a civil code complaint fails to appear on or
before the time directed to appear or at the time set for hearing by
the court, the allegations in the complaint shall be deemed admitted
and the court shall enter judgment for the town and impose a civil
sanction.
F. A civil sanction imposed pursuant to this chapter shall not exceed
$1
G. In addition to civil sanctions, upon finding that a violation exists, the
court shall order the person to perform whatever action is reasona-
bly necessary to correct and abate the violation. An order to abate
shall remain in effect for one year. When issuing an order to abate,
the court shall advise a violator that additional fines will be imposed
for failure to abate a violation and that the town may bring criminal
charges for failure to obey the order to abate.
Section 5 -7 -8 Appeal
Any party may appeal the judgment of the court. The appeal may be to
the superior court in the same manner as promulgated by the supreme
court. The posting of an appeal bond stays enforcement of the judg-
ment. Commissioners of the superior court may hear and determine
appeals.
Section 5 -7 -9 Subpoena of witnesses; inapplicability of rules
of civil procedure
A. The town and the person charged with a civil code violation may
subpoena witnesses as provided by A.R.S. § 13 -4072. Witnesses
are not entitled to fees for appearing in connection with a civil code
violation case.
B. Except as otherwise provided in this chapter, the rules of civil pro-
cedure do not apply.
Section 5 -7 -10 Failure to pay civil sanction; collection
procedure
All civil sanctions imposed pursuant to this chapter shall be paid within
30 days from entry of judgment, except that the court may extend the
time for payment or provide for installment payments if the court finds
that payment within 30 days will impose an undue economic burden on
the defendant. A civil sanction may be collected in the same manner
as any other judgment in favor of the town.
Section 5 -7 -11 Failure to obey order to abate violation; penalty
Any person who fails to obey an order to abate a violation issued by a
magistrate, special magistrate, or special limited magistrate is guilty of
a class 1 misdemeanor. A violation of this section is punishable by up
MARANA TOWN CODE 5 -7
{00001471.DOC121)
Ordinance No. 2007.32 added "class I" be-
fore "misdemeanor"
4/30/09
Title 5. Municipal Court
to a maximum six months in jail and by a maximum fine of $2,500; and
by probation up to three years.
Chapter 5 -8 HOME DETENTION PROGRAM
There is hereby established in the municipal court a home detention
program for offenders who are sentenced to jail confinement under
A.R.S. §§ 28 -1381 and 28 -1382. The home detention program is gov-
erned by the provisions of A.R.S. § 9- 499.07, subsection M through
subsection R, and will be administered in compliance with those provi-
sions.
MARANA TOWN CODE
{00001471.DOC121)
5 -8
Chapter 5 -8 was added by Ordinance
No. 2007.11
4/30/09
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
VACCINATION AND LICENSING OF DOGS .......................... ..............................2
DOGS AT LARGE; DOGS ON SCHOOL GROUNDS; IMPOUNDMENT; DOG
WASTEREMOVAL .................................................................. ..............................5
CRUELTY AND NEGLECT OF ANIMALS ............................... ..............................7
VICIOUS OR DESTRUCTIVE ANIMALS ................................. ..............................9
DANGEROUS ANIMALS ......................................................... .............................10
EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS ...... .............................14
AUTHORITY TO ENFORCE, REMOVE AND IMPOUND ....... .............................15
RULES OF PROCEDURE ....................................................... .............................15
{00001471. DOC / 21}
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. "Altered dog" means a spayed female or neutered male dog.
entitled "General rule regarding definitions," a
dualication of section 1 -3 -1
2. "Animal" means every non human mammalian species of animal,
"Altered dog" definition was added by Ordi-
both domestic and wild.
nance No. 2006.21
3. "At- large" means being neither confined by an enclosure nor
physically restrained by a leash.
4. "Bite" means any penetration of the skin by the teeth of any ani-
mal.
5. "Biting animal" means any animal that bites or otherwise injures
human beings or other animals without provocation.
6. "Collar" means a band, chain, harness or suitable device worn
around the neck of a dog to which a license may be affixed.
7. "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.
8. "Dog" means any member of the canine species.
9. "Household" means all those persons who regularly dwell to-
"Household" definition was added by Ordi-
gether at the same place of residence.
nance No. 2006.21
10. "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.
11. "Leash" or "lead" means a chain, rope, leather strap, cord or
similar restraint attached to a collar or harness or otherwise se-
cured around an animal's neck.
12. "Licensed dog" means any dog having a current license.
13. "Livestock" means neat animals, horses, sheep, goats, swine,
mules and asses.
14. "Owner" means any person owning, keeping, possessing, har-
boring, maintaining or having custody or otherwise having control
of an animal within the town limits.
15. "Peace officer" includes any animal control officer.
"Peace officer" definition was added by Ordi-
16. "Police dog" means any dog belonging to any law enforcement
nance No. 2006.21
agency service dog unit.
17. "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
MARANA TOWN CODE 6 -1 4130109
{00001471.DOC121)
Title 6. Animal Control ()
"property line" shall be the nearest boundary of the public right-
of-way.
18. "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.
19. "Tie out" means a chain, leash, wire cable or similar restraint at-
tached to a swivel or pulley.
20. "Town enforcement agent" means the Pima Animal Care Center
"Town enforcement agent" definition was
director or his or her designee.
added by Ordinance No. 2006.21
21. "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.
22. "Vaccination" means an anti rabies vaccination using a type of
vaccine approved by the state veterinarian and administered by
a state licensed veterinarian.
23. "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 VACCINATION AND LICENSING OF DOGS
Chapter 6 -2 was added by Ordinance
Section 6 -2 -1 Vaccination required; classification
No. 2006.21. See Ordinance Nos. 90.02,
A. It shall be unlawful to own, keep, possess, harbor or maintain a dog
91.20, 94.01 and 96.01 for prior history.
over the age of three months unless it is vaccinated in accordance
with the requirements of this chapter.
B. Any person who fails to comply with this section is guilty of a class 2
misdemeanor.
Section 6 -2 -2 Type of vaccination
The type or types of anti - rabies vaccination that may be used for vac-
cination of dogs, the period of time between vaccination and revacci-
nation, and the dosage and method of administration of the vaccine
shall be in accordance with the rules and regulations designated by the
state veterinarian.
Section 6 -2 -3 Vaccination certificate, contents
The person causing a dog to be vaccinated shall demand and be given
an official certificate of vaccination that includes the owner's name and
address, a brief description of the dog, the date and type of vaccina-
tion, the manufacturer and serial number of the vaccine used, and the
date the dog is due for revaccination.
Section 6 -2 -4 Impoundment, vaccination of unvaccinated dogs
The town enforcement agent is hereby authorized to have a licensed
veterinarian vaccinate and issue a vaccination certificate for an im-
pounded unvaccinated dog at a cost to be borne by the dog's owner.
Section 6 -2 -5 License required; classification
A. It shall be unlawful to own, keep, possess, harbor or maintain a dog
over the age of three months in the town for more than 30 days
MARANA TOWN CODE 6 -2 4130109
{00001471.DOC121)
Title 6. Animal Control ()
without having the dog licensed in accordance with the require-
ments of this chapter.
B. Any person who fails to comply with this section is guilty of a class 2
misdemeanor.
Section 6 -2 -6 Vaccination certificate prerequisite to license
No license shall be issued for any dog until the owner has presented a
vaccination certificate signed by a licensed veterinarian containing the
information required by this chapter.
Section 6 -2 -7 Vaccination outside the county
A dog vaccinated in any area outside of the county prior to entry into
the town may be licensed in the town, provided that, at the time of li-
censing, the dog's owner presents a vaccination certificate signed by a
duly licensed veterinarian and the certificate contains the information
required by this chapter.
Section 6 -2 -8 License fees; rebate; exemptions; delinquency
penalties
A. No dog license shall be issued by the town enforcement agent until
the dog owner has paid a license fee, as follows:
Type
Standard Fee
Senior /Disabled Fee
Unaltered dog
$50
$14
Altered dog
$12
$8
Dog declared
vicious, destructive
and /or dangerous
$80
$80
B. Any person who presents to the town enforcement agent an affida-
vit or veterinarian's certificate stating either that the dog is already
altered, that the dog is at least ten years old, or that the dog cannot
be altered for health reasons, shall be eligible for the altered dog
fee.
C. Any person 65 years of age or older shall be eligible for the senior
citizen license fee. The town enforcement agent shall establish rea-
sonable standards of proof for eligibility. No more than four dogs
per household shall be licensed at the senior citizen rate.
D. Any person who presents to the town enforcement agent a state-
ment from a qualified health care professional certifying that the
person has a disabling condition as defined by the Americans with
Disabilities Act shall be eligible for the disabled citizen license fee.
E. Any person who has paid the license fee for an unaltered dog who,
during the license year, presents to the town enforcement agent a
statement from a veterinarian certifying that the licensed animal has
been altered shall be entitled to a rebate. The rebate shall be the
difference between the fee paid and the fee for an altered dog.
F. Guide dogs for the blind, hearing ear dogs for the deaf and certified
"handi- dogs" shall be licensed without payment of the license fee.
G. Any person who fails to license a dog when the dog reaches three
months of age or who fails to pay a license fee upon expiration of a
license previously issued under this chapter, shall be charged a de-
MARANA TOWN CODE 6 -3
{00001471.DOC121)
The fees were modified by Ordinance
Nos. 2007.13 and 2008.17
Paragraph G was modified by Ordinance
No. 2007.13
4/30/09
Title 6. Animal Control ,
linquent penalty. If the license application is made more than 30
days after the due date, but within one year of the due date, a de-
linquent penalty of $7 shall be added to the license fee. If the li-
cense application is made more than one year after the due date,
but less than two years after the due date a delinquent penalty of
$18 shall be added to the license fee. If the license application is
made two or more years after the due date, a delinquent penalty of
$30 shall be added to the license fee.
Section 6 -2 -9 Transfer of license; fee; classification; sanction
A. Whenever the ownership of a dog changes, the new owner shall
secure a transfer of the dog's license.
B. The releasing owner shall provide the new owner's name, address
and phone number and the dog's age, sex and license number to
the town enforcement agent within ten days of transfer.
C. A transfer fee of $7 shall be charged to transfer any license. The transfer fee was modified by Ordinance
D. Failure to comply with this section is a civil infraction. Nos. 2007.13 and 2008.17
E. Any person found responsible for violating this section shall be
sanctioned by a fine of not more than $300.
F. Any individual having received a notice of violation and failing to
appear at the hearing time designated in the notice of violation, or
time designated for hearing by the court, shall be deemed to have
admitted the allegations of the complaint, and the court shall enter
judgment for the town and impose a civil sanction in accordance
with the provisions of this section.
G. 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, the
town attorney may institute appropriate civil proceedings seeking
legal and /or equitable relief to enforce the order, and the magistrate
may institute judicial proceedings as provided by law to collect the
penalty. All penalties collected pursuant to this section shall be paid
to and become the property of the town.
Section 6 -2 -10 Issuance, contents of tags
A. The town enforcement agent shall issue each dog licensed under
this chapter a durable dog tag with the name of the town, the num-
ber of the license, and the month and year it expires.
B. Dog license tags shall not be transferable from one dog to another.
Section 6 -2 -11 Tag required; exceptions; impoundment;
classification
A. The dog tag provided by the town enforcement agent shall be af-
fixed to a collar provided by the dog's owner and worn at all times
by the dog.
B. Properly vaccinated and licensed dogs need not wear a collar with
the license tag affixed in the following circumstances:
1. While being exhibited at or transported to and from an American
Kennel Club approved show;
2. While engaged in or transported to and from races approved by
the Arizona Racing Commission; or
MARANA TOWN CODE 6 -4 4130109
{00001471.DOC121)
Title 6. Animal Control ()
3. While acting as a police dog.
C. The town enforcement agent or a peace officer may apprehend and
impound, or cause to be impounded, any dog found without a li-
cense tag for the current year.
D. Failure to comply with this section is a class 2 misdemeanor.
Section 6 -2 -12 Duplicate tags, fee
Whenever a dog license tag is lost, a duplicate tag will be issued upon
The fee was modified by Ordinance
application by the owner and the payment of $7 to the town enforce-
Nos. 2007.13 and 2008.17
ment agent.
Section 6 -2 -13 Counterfeiting or transferring of tags prohibited;
classification
A. It shall be unlawful to counterfeit or attempt to counterfeit an official
dog license tag, or to remove a dog's license tag and place it on
another dog.
B. Violation of this section is a class 2 misdemeanor.
Section 6 -2 -14 Violations; Penalties
A. Any person violating the provisions of this chapter shall be guilty of
a separate offense for each and every day or portion of a day dur-
ing which any violation of this chapter is committed or permitted.
B. In addition to any other penalties allowed by law, the magistrate
shall order abatement as necessary.
Chapter 6 -3 DOGS AT LARGE; DOGS ON SCHOOL GROUNDS;
Chapter 6 -3 was added by Ordinance
IMPOUNDMENT; DOG WASTE REMOVAL
No. 2006.21. See Ordinance Nos. 90.02,
91.20, 94.01, 96.01 and 2005.22 for prior
Section 6 -3 -1 Dogs at large prohibited; exceptions;
history.
impoundment; classification
A. Any dog owned, possessed, harbored, kept or maintained on public
streets, sidewalks, alleys, parks or other public property shall be re-
strained by a leash, chain, rope, cord or similar device.
B. Any dog owned, possessed, kept, harbored or maintained upon or
about the private property of any person, including the property of
the dog's owner, shall be confined inside a house or other building,
or confined by a fence or similar enclosure of sufficient strength and
height, to prevent the dog from escaping from the property.
C. Dogs may be at large as an exception to this section under the fol-
lowing circumstances:
1. While participating in field trials, obedience classes or kennel
club events, or while engaging in races approved by the Arizona
Racing Commission, provided that the dog is accompanied by
and under the control of the dog's owner or trainer.
2. While being used or trained for legal hunting or for control of
livestock.
3. While assisting a peace officer engaged in law enforcement du-
ties.
4. While confined within a county- or town - maintained temporary or
permanent dog run located within a park.
MARANA TOWN CODE 6 -5 4130109
{00001471.DOC121)
Title 6. Animal Control
D. The town enforcement agent or a peace officer is authorized to im-
pound, or cause to be impounded, any dog running at large con-
trary to the provisions of this section.
E. Failure to comply with this section is a class 2 misdemeanor.
Section 6 -3 -2 Dogs on school grounds prohibited; exceptions;
classification
A. It shall be unlawful to bring a dog onto the grounds of any school,
regardless of whether the dog is on a leash.
B. Dogs may be on school grounds as an exception to this section un-
der the following circumstances:
1. While participating as part of a formal school activity or event.
2. While serving as a guide dog for the blind, deaf, or physically
disabled.
3. While assisting a peace officer engaged in law enforcement du-
ties.
C. Failure to comply with this section is a class 2 misdemeanor.
Section 6 -3 -3 Violations; penalties
A. Any person violating the provisions of this chapter shall be guilty of
a separate offense for each and every day or portion of a day dur-
ing which any violation of this chapter is committed or permitted.
B. In addition to any other penalties allowed by law, the magistrate
shall order abatement as necessary.
Section 6 -3 -4 Impoundment time, notice and fees
A. The town enforcement agent shall promptly notify the dog's owner
in person or by written notice when a licensed dog is impounded.
The owner may reclaim the dog within seven days from the date of
the actual notice or mailing of notice, upon proof of ownership and
payment of all costs and fees, including veterinary fees, incurred to
remove, impound, board, care for and /or microchip an animal under
the authority of this title.
B. When an unlicensed dog is impounded, the owner may reclaim the
dog within three days of impoundment by securing a vaccination
and a license for the dog and providing proof of ownership and
payment of all costs and fees, including veterinary fees, incurred to
remove, impound, board, care for and /or microchip an animal under
the authority of this title.
C. Impoundment fees shall be determined by the town enforcement
agent.
D. Any licensed dog unclaimed within seven days of notice to the
owner, as described in subsection A, may be placed for adoption or
humanely destroyed within the discretion of the town enforcement
agent.
E. Any unlicensed dog unclaimed within three days may be placed for
adoption or humanely destroyed within the discretion of the town
enforcement agent.
MARANA TOWN CODE 6 -6 4130109
{00001471.DOC121)
Title 6. Animal Control ()
Section 6 -3 -5 Dog waste removal; exceptions; sanctions
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 the dog on public property or
on private property without the consent of the person in control of
the property.
B. It shall be a civil infraction for the owner, proprietor, agent or occu- Paragraph 8 was added by Ordinance
pant of any premises where dogs are kept to deposit, cause to be No. 2007.14, which also renumbered the fol-
deposited or allow to accumulate, within or about the premises, any lowing paragraphs renumbered to conform
solid wastes from dogs for a period of time longer than 72 hours.
This paragraph applies to private property, including property
owned, leased or controlled by the owner of the dog.
C. Paragraph A shall not apply to blind persons, persons with mobility
disabilities, or police officers or other law enforcement officers ac-
companied by police dogs while on emergency.
D. Any person found responsible for violating this section shall be
sanctioned by a fine of not more than $300.
E. Any individual who receives notice of violation and fails to appear at
the hearing time designated in the notice, or at the time designated
for hearing by the court, shall be deemed to have admitted the alle-
gations of the complaint, and the court shall enter judgment for the
town and impose a civil sanction in accordance with the provisions
of this section.
F. 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, the
town attorney may institute appropriate civil proceedings seeking
legal and /or equitable relief to enforce the order, and the magistrate
may institute judicial proceedings as provided by law to collect the
penalty. All penalties collected pursuant to this section shall be paid
to and become the property of the town.
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,
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
MARANA TOWN CODE 6 -7 4130109
{00001471.DOC121)
Title 6. Animal Control ()
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,
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.
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Title 6. Animal Control
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-
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.
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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. In addition to any other penalty, if the victim suffers economic loss
as a result of a violation of this chapter, the magistrate shall order Paragraphs D and E were rewritten by Ordi-
nance No. 2007.13
the owner to pay restitution to the victim, in the full amount of the
victim's economic loss, as determined by the magistrate. This rem-
edy shall not abridge any civil cause of action by the victim.
E. In addition to any other penalty, upon the declaration of an animal
as vicious or destructive, the magistrate shall order one or more of
the following:
1. That the animal 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 where 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. That the animal be banished from the town limits; or
3. That the animal be spayed or neutered at the owner's expense;
or
4. That the animal be humanely destroyed.
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.
2. Within ten days of the date of impoundment, the town magistrate The cross - reference in paragraph G.2 was
shall conduct a hearing provided under chapter 6 -6. revised by Ordinance No. 2007.13
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
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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.
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.
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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.
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.
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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
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.
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Title 6. Animal Control
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.
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.
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Title 6. Animal Control ,
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
Pima County Animal Care officers have been
Any peace officer or town animal enforcement agent is hereby author-
designated the town animal enforcement
agent by intergovernmental agreement
ized and empowered to enforce the provisions of this title and to issue
citations for violations of it.
Section 6 -8 -2 Authority to remove, impound and microchip;
costs
Section 6 -8 -2 was substantially modified by
Ordinance No. 2006.21, which among other
A. A peace officer or town animal enforcement agent who has prob-
things added the microchip authorization
able cause to believe violation of this title or of the Arizona Revised
Statutes has occurred and reasonably believes that the violation will
continue is authorized and empowered to remove and impound the
animal.
B. The town enforcement agent is authorized and empowered to place
an identity- tracing microchip in an animal impounded under this
chapter.
C. All fees, including veterinary fees, incurred to remove, impound,
board, care for and /or microchip an animal under the authority of
this title shall be paid by the animal's owner.
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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Title 7
Building
CHAPTER 7 -1 BUILDING CODES ........................................................................... ..............................1
CHAPTER 7 -2 BUILDING PERMITS ....................................................................... ..............................2
CHAPTER 7 -3 [ RESERVED] .................................................................................... ..............................3
CHAPTER 7 -4 SOLAR ENERGY UTILIZATION CREDIT ....................................... ..............................3
CHAPTER 7 -5 SPECIAL CONSTRUCTION SITE REQUIREMENTS ..................... ..............................3
{00001471. DOC / 21}
Title 7. Building ()
TITLE 7. BUILDING
Title 7 was adopted by Ordinance No. 95.32.
Chapter 7 -1 BUILDING CODES
Ordinance No. 2007.22 changed "building
"building
department" to safety department"
Section 7 -1 -1 Purpose
throughout Title 7.
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 consists of the following code documents
No. 2001.04 and revised by Ordinance
incorporated by this reference in this title, all of which are on file
Nos. 2006.16 and 2006.33. For prior history,
with the town clerk's office:
see Ordinance Nos. 95.32 and 96.34.
1. The 2006 international building code, with local amendments.
2. The Arizona state plumbing code; provided, however, that if and
when A.R.S. § 9 -805 is repealed or amended so that local gov-
ernments are authorized to adopt a plumbing code other than the
state plumbing code, the state plumbing code is automatically
replaced with the 2006 international plumbing code, with local
amendments.
3. The 2006 international residential code, with local amendments.
4. The 2006 international mechanical code, with local amendments.
5. The 2006 international property maintenance code, with local
amendments.
6. The 2006 international energy conservation code, with local
amendments.
7. The 2005 national electric code, with local amendments.
8. The 2006 international fire code, with local amendments.
section 7- 1- 2(A)(8) was revised by Ordinance
No. 2007.22
B. The Marana building code adopts by reference the following local
ordinances and codes, which are on file with the town clerk's office:
The 2006 Marana pool and spa code and the
2008 Marana outdoor lighting code are found
1. The 2006 Marana pool and spa code.
at http.11 www.marana.com/index.asp ?nid =79
2. The 2008 Marana outdoor lighting code.
Section 7 -1- 2(8)(2) was revised by Ordinance
No. 2008.18
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
Section 7 -1 -4 was revised by Ordinance
The building official, or his or her duly authorized representative, is the
No. 2006.16
authority charged with the administration and enforcement of the Ma-
rana building code. The building official may appoint an assistant build-
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Title 7. Building ()
ing official, inspection team leaders and other employees as shall be
authorized from time to time.
Section 7 -1 -5 Violation a civil infraction
Section 7 -1 -5 was revised by Ordinance
It shall be a civil infraction for any person, firm or corporation to violate
No. 2006.16
any of the provisions of this title. Civil infractions shall be enforced as
provided in chapter 5 -7 of this code. Each day a violation continues
shall be considered a separate offense.
Section 7 -1 -6 Administrative appeal process
section 7 -1 -6 was revised and simplified by
A. Whenever a violation of this building code is determined, whether
Ordinance No. 2006.16.
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 as follows:
1. The applicant shall file a written appeal on the forms provided by
the building official. If the building official rules in favor of the ap-
plicant, the issue is closed.
2. If an appeal is denied by the building official, the applicant shall
either comply with the decision or appeal to the board of appeals
in accordance with the building code.
Chapter 7 -2 BUILDING PERMITS
Section 7 -2 -1 Application requirements
Section 7 -2 -1 was revised by Ordinance
A. Any person, partnership, firm or corporation desiring to construct,
No. 2006.16.
erect, enlarge, substantially modify or move any residential building
or mobile home or other structure shall first make application for a
building permit to the building safety department and shall not com-
mence that construction without first obtaining a building permit
from the town.
B. Any person, partnership, firm or corporation desiring to erect, con-
struct, enlarge, move or substantially modify any commercial, indus-
trial, quasi - public or public building or structure shall first make ap-
plication to the building safety department for a separate building
permit for each building or structure and shall not undertake that
construction, enlargement, movement or modification without first
obtaining a building permit from the town.
C. 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 with respect to front, rear and side property lines, and the
location and layout of proposed off - street parking areas.
D. Plans shall provide sufficient details of proposed structural features,
and electrical, 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 any
element of a plumbing, mechanical or electrical system.
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Title 7. Building ()
Chapter 7 -3 [RESERVED]
Chapter 7 -3, formerly entitled "fees, "was su-
perseded by Ordinance No. 2005.16, which
adopts various development - related fees by
separate ordinance. See Ordinance
Nos. 82.05 and 89.10 for prior history.
Chapter 7 -4 SOLAR ENERGY UTILIZATION CREDIT
Section 7 -4 -1 Purpose
Chapter 7 -4 was adopted by Ordinance
No. 2001.23 and amended by Ordinance
The purpose of this chapter is to encourage the use of solar energy
No. 2006.16 to remove water conservation
utilization within the town by reducing the permit fee for permits in ac-
credit. Chapter 7 -4 sunsets on May 1, 2008 or
cordance with the current) adopted permit fee schedule.
y
when cumulative credits of $300,000 are
given. Chapter 7 -4 was revised by Ordinance
Section 7 -4 -2 Credit program
No. 2005.22. Former chapter 7 -4 ( "Fiber Op-
tics code') was deleted by Ordinance
A. All single family residences within the town are eligible to apply for
No. 99.28.
solar energy utilization credits. Approval by the building official will
Ordinance No. 2005.22 amended section
be based on the nature of the technologies to be used and if appro-
7 -4 -1 by adding the section number and
priate for the site.
heading and correcting a reference to now -
B. Solar utilization for new construction will include photo voltaic gen-
superseded chapter 7 -3 relating to fees. Or-
dinance No. 2006.16 removed the words "and
eration, whole house water heating and active solar heating. Pas-
water conservation"
sive solar heating will be considered when designed and certified by
a professional engineer.
Ordinance No. 2005.22 amended section
7 -4 -2 by adding the section number and
C. Existing single family residences may add solar heating systems
heading and inserting "town manager" for
and photo voltaic systems.
"development services director" Ordinance
No. 2006.16 removed various references to
D. Other systems not mentioned above may be evaluated by the build-
water conservation credits
ing official to receive credit. Decisions regarding credits may be ap-
pealed to the town manager.
E. The installations shall be reviewed and inspected per the building
code. 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 SPECIAL CONSTRUCTION SITE REQUIREMENTS
Ordinance No. 2006.16 renamed Chapter 7 -5
"additional
from building requirements" and
Section 7 -5 -1 Sewage disposal
deleted section 7 -5 -1 entitled "location of
gasoline pumps"
A. 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 stan-
dards to be certified by the appropriate state or county agency or
Ordinance No. 2006.16 renumbered and re-
the town engineer.
named Section 7 -5 -1, deleted "sewerage sys-
B. Sewer systems shall be reviewed under the adopted plumbing
tems and /or" from the beginning of paragraph
A and added paragraph 8
code, Pima County wastewater management department, and Pima
County department of environmental quality in accordance with lo-
cal and state regulations. All connections to any sewer system must
be approved in writing by Pima County wastewater management
department prior to a building permit being issued. Pima County
may waive this requirement when requested by the building official.
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Title 7. Building
Section 7 -5 -2 Sanitation and trash
A. Each construction site shall be provided with one portable toilet per
site or one for every 15 workers in a commercial site or subdivision.
Work performed on a residence by or under contract with the owner
is exempt.
B. Construction debris shall be contained and controlled on each con-
struction site. A roll -off or similar container shall be provided at each
site. The permit holder shall collect debris that has blown off the
construction site. Debris shall not be buried on site and shall be re-
moved to a solid waste landfill registered with the Arizona depart-
ment of environmental quality pursuant to A.R.S. § 49 -747.
MARANA TOWN CODE
{00001471.DOC121)
7 -4
Section 7 -5 -2 was added by Ordinance
No. 2006.16.
4/30/09
Title 8
Transaction Privilege Tax �
CHAPTER 8 -1 ADOPTION OF TAX CODE ...................................................... ..............................1
{00001471. DOC / 21}
Title 8. Transaction Privilege Tax C)
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.DOC121)
8 -1
Title 8 was adopted by Ordinance No. 96.03.
See Ordinance No. 79 -3 for prior history.
Click on the following hyperlink to see the full
text of Title 8 . (Note: This may take a moment
to download.)
8/12/2008
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
CHAPTER 9 -11
Title 9
Business Regulations
•
BUSINESSLICENSE ............................................................... ..............................1
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS .............................. 6
SWAPMEETS ......................................................................... .............................11
[RESERVED] ..................... m m m m m m m m m m m a m m m m m m m m m m m m m m m m m m a m m m m a m a a m m m m m m m m m m m m a m m m m m m a a a m a m m a m m m m m m m m m m m m m m 0 0 0 12...................... .............................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
SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE ............................61
{00001471. DOC / 21}
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.
4130109
MARANA TOWN CODE 9 -1
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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.
MARANA TOWN CODE 9 -2 4130109
{00001471.DOC121)
Title 9. Business Regulations ()
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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4/30/09
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-
MARANA TOWN CODE 9 -4 4130109
{00001471.DOC121)
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.
MARANA TOWN CODE 9 -5 4130109
{00001471.DOC121)
Title 9. Business Regulations ()
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.
MARANA TOWN CODE 9 -6 4130109
{00001471.DOC121)
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.
MARANA TOWN CODE 9 -7 4130109
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Title 9. Business Regulations ()
Section 9 -2 -4 Conducting business without license prohibited
Ordinance No. 2000.06 modified section
It is unlawful for any solicitor, peddler, or transient merchant to conduct
9 - - to refer to "license" instead of "registra-
or transact business without havin g registered with the town clerk and
g
tion card"
without having obtained a license for it; without having the license in
possession; or to fail to exhibit the license upon request by any official
of the town. Each violation of this chapter shall constitute a separate
violation for each and every day that the activity occurred within the
town.
Section 9 -2 -5 Peddling on posted premises; refusal to leave
section 9 -2 -5 was rewritten by Ordinance
premises
No. 2005.22
It is unlawful for any peddler, solicitor, or transient merchant, their
agents or representatives, to come upon any premises with a sign ex-
posed to public view bearing the words "no peddlers" or "no canvass-
ers" or "no solicitors" or any combination of those or similar terms or to
remain on any premises after having been requested to leave by the
owner or occupant of the premises whether they are posted as speci-
fied above or not.
Section 9 -2 -6 Application and issuance
A. Applicants for a license under this chapter shall file with the town
clerk a sworn application in writing, on a form to be furnished by the
town clerk, which shall give the following information:
1. Name and physical description of the applicant;
2. Complete permanent home and local addresses of the applicant
and, in the case of a transient merchant, the local address from
which proposed sales will be made;
3. A brief description of the nature of the business and goods to be
sold;
4. If employed, the name and address of the employer (no post of-
fice box address will be accepted);
5. The length of time for which the right to do business is desired;
6. The source of supply of the goods or property proposed to be
Paragraph A(6) was rewritten by Ordinance
sold or for which orders are to be taken, or services to be pro-
No. 2005.22
vided, where those goods, services or products are located at
the time the application is filed, and the proposed method of de-
livery;
7. A statement as to whether or not the applicant has been con-
victed of any crime, misdemeanor or violation of any municipal
ordinance, other than traffic violations, the nature of the offense
and the punishment or penalty assessed for it;
8. The most recent counties, cities, or towns, if any, where applicant
carried on business immediately preceding the date of applica-
tion and the address from which business was conducted in
those municipalities; and
9. Description of any vehicles, including license numbers, to be
used in conducting business in the town.
B. Licenses issued pursuant to this chapter shall be given to all appli-
cants who have complied with the requirements of this chapter,
Paragraph 8 was rewritten by Ordinance
No. 2000.06
MARANA TOWN CODE 9 -8
{00001471.DOC121)
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
MARANA TOWN CODE 9 -9 4130109
{00001471.DOC121)
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 way 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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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
4/30/09
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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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 4130109
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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,
MARANA TOWN CODE 9 -15 4130109
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Title 9. Business Regulations ()
contract basis, or independent basis, whether or not the person is
denominated an employee, independent contractor, agent, or oth-
erwise, and whether or not the person is paid a salary, wage, com-
mission or other compensation by the operator of the business. A
person exclusively on the premises for repair or maintenance of the
premises or equipment on the premises, or for the delivery of goods
to the premises, as well as a person exclusively on the premises as
a patron or customer is not an employee within the meaning of this
chapter.
I. "Escort" means a person who, for pecuniary or other consideration,
agrees or offers to act as a companion, guide, or date for another
person, or who agrees or offers to privately model lingerie or to pri-
vately perform a striptease for another person.
J. "Escort agency" means a person or business association who fur-
nishes, offers to furnish, or advertises to furnish escorts as one of
its primary business purposes for a fee, tip, or other consideration.
K. "Establishment" means and includes any of the following:
1. The opening or commencement of any sexually oriented busi-
ness as a new business;
2. The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
3. The addition of any sexually oriented business to any other exist-
ing sexually oriented business;
4. The relocation of any sexually oriented business; or
5. A sexually oriented business or premises on which the sexually
oriented business is located.
L. In assessing whether a particular business is a "family- oriented en-
tertainment business," the town clerk shall consider the following
factors related to the business:
1. Whether a primary business purpose is related to the sale of food
or food services;
2. Whether a primary business purpose relates to the sale or use of
entertainment or educational products, services, facilities or ac-
tivities;
3. The age of patrons for or by which the services, facilities or activi-
ties of the business are primarily appropriate and utilized; and
4. Whether the business is primarily a retail establishment.
A business determined to be primarily a retail or a food services es-
tablishment is presumed to not qualify as a family- oriented enter-
tainment business unless articulable reasons to the contrary are es-
tablished by the town clerk.
M. "Licensee" means a person in whose name a license has been is-
sued, as well as the individual listed as an applicant on the applica-
tion for a license.
N. "Nude model studio" means any place where a person who appears
in a state of nudity or displays specified anatomical areas is regu-
larly provided to be observed, sketched, drawn, painted, sculptured,
MARANA TOWN CODE
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9 -16
Ordinance No. 2000.10 rewrote paragraph L
Ordinance No. 2000.10 added the word
"regularly" to paragraph N
4/30/09
Title 9. Business Regulations ()
MARANA TOWN CODE 9 -17 4130109
{00001471.DOC121)
photographed, or similarly depicted by other persons for considera-
tion.
O.
"Nudity" or a "state of nudity" means the appearance of a human
bare buttock, anus, anal cleft or cleavage, pubic area, male geni-
tals, female genitals, or vulva, with less than a fully opaque cover-
ing; or a female breast with less than a fully opaque covering of any
part of the nipple; or human male genitals in a discernibly turgid
state even if completely and opaquely covered.
P.
"Premises" means the real property upon which the sexually ori-
ented business is located, and all appurtenances to them and build-
Ordinance No. 2005.22 deleted a redundant
definition of "person" (see section 1 -3 -2)
ings located there, including, but not limited to, the sexually oriented
business, the grounds, private walkways, and parking lots and /or
parking garages adjacent to them, under the ownership, control, or
supervision of the licensee, as described in the application for a
business license pursuant to this chapter.
Q.
"Regularly," "regularly features," or "regularly shown" shall be con-
Ordinance No. 2000.10 deleted former para-
strued to apply the p rovisions of this chapter only activities that take
pp y p p y
graph R entitled "Principal business purpose"
place outside the context of some larger form of expression.
and adopted current paragraph R
R.
"School" means a child care facility licensed pursuant to the Arizona
Revised Statutes, title 36, chapter 7.1, or any public or private insti-
tution established for the purposes of offering instruction to pupils in
programs for preschool children with disabilities, kindergarten pro-
grams or any combination of grades one through twelve, including
but not limited to, child day care facilities, nursery schools, pre-
Ordinance No. 2000.10 added everything
schools, kindergartens, elementary schools, intermediate schools,
after "including but not limited to" in para-
graph S
junior high schools, middle schools, high schools, vocational
schools, secondary schools, continuation schools, special educa-
tion schools; schools includes the school ground but does not in-
clude the facilities used primarily for another purpose and only inci-
dentally as a school.
S.
"Semi- nude" or "semi- nudity" means the appearance of the female
breast below a horizontal line across the top of the areola at its
highest point. This definition shall include the entire lower portion of
the human female breasts, but shall not include any portion of the
cleavage of the human female breasts exhibited by a dress, blouse,
skirt, leotard, bathing suit, or other wearing apparel provided the
areola is not exposed in whole or in part.
T.
"Sexual encounter center" means a business or commercial enter-
prise that, as one of its principal business purposes, offers for any
form of consideration for:
1. Physical contact in the form of wrestling or tumbling between any
two persons of the opposite sex when one or more of the per-
sons is in a state of nudity or semi - nudity; or
2. Activities between male and female persons and /or persons of
the same sex when one or more of the persons is in a state of
nudity or semi - nudity.
U.
"Sexually oriented business" means an adult arcade, adult vending
machine, adult bookstore, adult novelty store or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult thea-
Ordinance No. 2000.10 changed "or" to "and"
in the last clause of paragraph V
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Title 9. Business Regulations ()
ter, escort agency, nude model studio, adult novelty store and sex-
ual encounter center.
V. "Specified anatomical area" means:
1. The human male genitals in a discernibly turgid state, even if fully
and opaquely covered; or
2. Less than completely and opaquely covered human genitals, pu-
bic region, buttocks, or a female breast below a point immedi-
ately above the top of the areola.
W. "Specified criminal activity" means any of the following offenses:
Prostitution or promotion of prostitution; dissemination of obscen-
ity; sale, distribution, or display of harmful material to a minor;
sexual performance by a child; possession or distribution of child
pornography; public lewdness; indecent exposure; indecency
with a child; sexual assault; molestation of a child; or any sex -
related offenses similar to those described under the criminal
code of Arizona, other states, or other countries;
2. For which:
a. Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the con-
viction, whichever is the later date, if the conviction is of a
misdemeanor offense;
b. Less than five years have elapsed since the date of conviction
or the date of release from confinement imposed for the con-
viction, whichever is the later date, if the conviction is of a fel-
ony offense; or
c. Less than five years have elapsed since the date of the last
conviction or the date of release from confinement imposed
for the last conviction, whichever is the later date, if the con-
victions are of two or more misdemeanor offenses or combi-
nation of misdemeanor offenses occurring within any
24 -month period.
3. The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
X. "Specified sexual activities" means and includes any of the follow-
ing:
1. The fondling or other erotic touching of human genitals, pubic re-
gion, buttocks, anus, or female breasts, whether covered or un-
covered;
2. Sex acts, normal or perverted, actual or simulated, including in-
tercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the ac-
tivities set forth in (1) through (3) above.
Y. "Substantial enlargement" of a sexually oriented business means
the increase in floor area occupied by the business by more than
25 %, as the floor areas exist on May 2, 2000.
MARANA TOWN CODE
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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
4/30/09
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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MARANA TOWN CODE 9 -20 4130109
{00001471.DOC121)
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 b the health department, fire department, buildi safe
y g y
No. 2007.22 changed "building
department" to "building safety department. "
department, and zoning department. Written certification of the in-
The town attorney corrected the department
spections and approvals by each inspecting agency must be sub-
name in paragraph 8 as a scrivener's correc-
mitted with each sexually oriented business license application. A
tion, under authority confirmed by Ordinance
licensee who has not submitted the certifications within the five pre-
No. 2008.16
vious years or a licensee for an establishment which expanded
since the time of the previous license application must also have
the respective premises inspected and submit written certification of
the inspections and approvals by each inspecting agency with the
licensee's next application for the renewal of a sexually oriented
Ordinance No. 2000.10 added the last sen-
business license. Agencies responsible for inspecting the premises
tence of paragraph 8
of an existing or anticipated sexually oriented business must com-
plete the requested inspections within 30 days of applicant's re-
quest; if one or more agencies fails to timely inspect the requested
premises, 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
Ordinance No. 2000.10 added the last sen-
tence of paragraph D and changed two occur -
in the business must sign the application for a business license as
rences of 10% to 20%
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 4130109
{00001471.DOC121)
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-
MARANA TOWN CODE 9 -21 4130109
{00001471.DOC121)
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,
MARANA TOWN CODE 9 -22 4130109
{00001471.DOC121)
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
{00001471.DOC121)
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
4/30/09
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;
Ordinance No. 2007.22 changed "building
6. The premises to be used for the sexually oriented business have
department" to "building safety department."
not been approved by the health department, fire department,
The town attorney corrected the department
and the building safety department as being in compliance with
name in paragraph 6 as a scrivener s correc -
tion, under authority confirmed by Ordinance
applicable laws and ordinances;
No. 2008.16
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 4130109
{00001471.DOC121)
Title 9. Business Regulations ()
whom it is granted, the expiration date, the address of the sexually
oriented business, and the section 9 -6 -3 classification for which the
license is issued. The license shall be posted in a conspicuous
place at or near the entrance to the sexually oriented business so
that it may be easily read at any time.
G. A sexually oriented business license shall issue for only one classi-
fication, as set forth in section 9 -6 -3. Each classification operating
Ordinance No. 2000.10 added the last sen-
tence of paragraph G
within the same establishment and wholly owned by that establish-
ment requires a separate license.
H. If the town clerk determines that an applicant is not eligible for a
sexually oriented business license, the applicant shall be given no-
tice in writing of the reasons for the denial within 45 days of the re-
ceipt of the completed application by the town clerk, provided that
the applicant may request, in writing at any time before the notice is
issued, that the period be extended for an additional period of not
more than ten days to make modifications necessary to comply with
this chapter.
I. Each license issued pursuant to this section shall be subject to an-
nual renewal upon the written application of the applicant and a
finding by the town clerk that the applicant has not been convicted
of any specified criminal activity, or committed any act during the
existence of the previous license which would be grounds to deny
the initial license application. The decision whether to renew a li-
cense shall be made within 30 days of receiving the completed ap-
plication. The renewal of a license shall be subject to the fee as set
forth in section 9 -6 -7. Non - renewal of a license shall be subject to
appeal as set forth in this chapter.
Section 9 -6 -7 Fees
The annual fee for a new sexually oriented business license is $500,
whether new or renewal, except as noted in this section. The annual
Ordinance No. 2000.10 rewrote section 9 -6 -7
fee of $50 is required for a sexually oriented business employee li-
cense, whether new or renewal. The annual fee of $50 is required for a
renewal sexually oriented business license or for a license for a sec-
ond classification of a sexually oriented business operated within the
same establishment as the primary application or license where no
modifications to the premises or the primary application are required.
These fees are to be used to pay for the cost of the administration and
enforcement of this chapter. The fees are nonrefundable and may not
be prorated for a license period of less than one year. The fee re-
quirements under this chapter shall not result in the suspension, non -
renewal or revocation of a license pursuant to this chapter if the appli-
cant or licensee makes full payments within 15 days of being notified
of the fee requirements.
Section 9 -6 -8 Inspection
Ordinance No. 2000.10 rewrote section 9 -6 -8
A. An applicant or licensee shall permit representatives of the police
"building
department, health department, fire department, building safe de-
g y
Ordinance No. 2007.22 changed
department" to "building safety department. "
partment, or other town, state or federal departments or agencies to
The town attorney corrected the department
inspect the premises of a sexually oriented business for the pur-
name in paragraph A as a scrivener's correc-
pose of ensuring compliance with the law, at any time it is occupied
tion, under authority confirmed by Ordinance
or open for business. The inspection shall be limited to visual as-
No. 2008.16
sessment of the activities conducted in areas in accord with the
MARANA TOWN CODE 9 -25 4130109
{00001471.DOC121)
Title 9. Business Regulations ()
provisions of this chapter: areas to which patrons have access or
are allowed access; to requests for inspection of the licenses re-
quired under this chapter; and to requests for identification of those
individuals who reasonably appear to be under the age of 18 years.
B. It shall be unlawful for an applicant, licensee or employee of a
sexually oriented business to refuse to permit law enforcement offi-
cers or any other agent allowed by this section to inspect the prem-
ises at any time the premises is occupied or open for business.
C. The provisions of this section do not apply to areas of an adult mo-
tel that are currently being rented for use as temporary or perma-
nent habitation.
Section 9 -6 -9 Expiration of license
A. Each license shall expire one year from the date of issuance and
may be renewed only by submitting a renewal application to the town.
Application for renewal shall be made at least 30 days before the expi-
ration date.
B. If the town clerk denies renewal of a license, the applicant shall not
be issued a license for one year from the date of denial. Notwithstand-
in g the provisions of this section, if a licensee appeals the non - renewal
Ordinance No. 2000.10 added the last sen-
tence of paragraph 8
of a license, the status quo immediately prior to the non - renewal shall
be maintained while the appeal is pending.
Section 9 -6 -10 Suspension
A. The town clerk shall issue a notice and order of suspension, sus-
pending a license for a period not to exceed 30 days, if the town
Ordinance No. 2000.10 inserted "issue a no-
clerk determines that the licensee or an employee of the licensee
tice and order of suspension, suspending" in
has:
place of "suspend" in paragraph A, added
"Knowingly or intentionally" at the beginning
1. Violated or is not in compliance with any section of this chapter;
of subparagraph 4, and added paragraph 8
2. Operated or performed services in a sexually oriented business
while intoxicated by the use of alcoholic beverages or controlled
substances;
3. Refused to allow prompt inspection of the sexually oriented busi-
ness premises as authorized by this chapter; or
4. Knowingly or intentionally permitted gambling by any person on
the sexually oriented business premises.
B. The notice and order of suspension shall become effective within
ten days after issuance unless the licensee appeals the suspension
of a license.
Section 9 -6 -11 Revocation
A. The town clerk shall issue a notice and order or revocation, revoking
Ordinance No. 2000.10 inserted "issue a no-
tice and order of revocation, revoking" in
a license issued pursuant to this chapter if any of the following oc-
place of "revoke" in paragraph A, added
cu r:
"knowingly or intentionally" in subpara-
graphs 2 and 5 through 13, and added the
1. A cause of license suspension occurs and the license has been
last sentence of paragraph 8 and all of para-
suspended within the proceeding 12 months;
graph C
2. A licensee knowingly or intentionally gave false or misleading in-
formation in the material submitted during the application proc-
ess;
MARANA TOWN CODE 9 -26 4130109
{00001471.DOC121)
Title 9. Business Regulations ()
3. A licensee, or a person with whom the licensee resides, is con-
victed of a specified criminal activity on a charge that was pend-
ing prior to the issuance of the license;
4. A licensee, subsequent to licensing, is convicted of a specified
criminal activity;
5. A licensee knowingly or intentionally permitted the possession,
use, or sale of controlled substances on the premises;
6. A licensee knowingly or intentionally permitted the sale, use, or
consumption of alcoholic beverages on the premises;
7. A licensee knowingly or intentionally permitted prostitution on the
premises;
8. A licensee knowingly or intentionally operated the sexually ori-
ented business during a period of time when the licensee's li-
cense was suspended;
9. A licensee knowingly or intentionally permitted any act of sexual
intercourse, sodomy, oral copulation, masturbation, or other sex-
ual conduct to occur in or on the licensed premises;
10. A licensee knowingly or intentionally is delinquent in payment to
the town, county or state for any taxes or fees;
11. A licensee knowingly or intentionally permitted a person under
18 years of age to enter the establishment;
12. A licensee knowingly or intentionally attempted to sell his busi-
ness license, or has sold, assigned, or transferred ownership or
control of the sexually oriented business to a non - licensee; or
13. A licensee knowingly or intentionally permitted a person or per-
sons to engage in specified sexual activities on the premises of
the sexually oriented business.
B. When the town clerk revokes a license, the revocation shall con-
tinue for one year, and the licensee shall not be issued a sexually
oriented business license for one year from the date revocation be-
came effective. If, subsequent to revocation, the town determines
that the basis for the revocation has been corrected or abated, the
applicant shall be granted a license if at least 90 days have elapsed
since the date the revocation became effective.
C. The notice and order of revocation shall become effective within ten
days after issuance unless the licensee appeals the suspension of
a license.
Section 9 -6 -12 Administrative appeal
An applicant may appeal the decision of the town clerk regarding a de-
nial, revocation or suspension to the town council by filing a written
notice of appeal with the town clerk within 15 days after service of no-
tice upon the applicant of the town clerk's decision. The notice of ap-
peal shall be accompanied by a memorandum or other writing setting
out fully the grounds for the appeal and all arguments in support of the
appeal. The town clerk may, within 15 days of service upon the town
clerk of the applicant's memorandum, submit a memorandum in re-
sponse to the memorandum filed by the applicant on appeal to the
town council. The applicant shall be afforded a hearing before the town
MARANA TOWN CODE 9 -27
{00001471.DOC121)
Ordinance No. 2000.10 rewrote section
9 -6 -12 and changed the title from "Appeal" to
"Administrative appeal"
4/30/09
Title 9. Business Regulations ()
council at which the applicant or the applicant's attorney shall be af-
forded the right to address the council and the town clerk's decision,
after which the town may respond to the applicant's presentation; the
hearing shall be taken within 31 calendar days after the date on which
the town clerk receives the notice of appeal. After reviewing submitted
memoranda and exhibits as well as the arguments orally presented by
the applicant and the town, the town council shall vote either to uphold
or overrule the town clerk's decision. The town council's decision shall
be effective upon its rendering. Judicial review of a denial by the town
clerk and town council may then be made pursuant to this chapter.
Section 9 -6 -13 Judicial review
After denial of an initial or renewal application, or suspension or revo-
cation of a license by the town council, the applicant or licensee may Ordinance No. 2000. added the last sentence
of section 9-6-13
seek judicial review of the administrative action in any court of compe-
tent jurisdiction. When the town is notified that an applicant has filed
for judicial review of the administrative action resulting in the denial of
an application, the town shall issue a provisional license to applicant
allowing it to carry on its requested activities, subject to the orders of
the reviewing court.
Section 9 -6 -14 Change of employment
A. An establishment operator covered by this chapter shall keep and
maintain an up to -date register of all employees including the fol-
lowing: each employee's name, address, age, sex and duties. The
licensee must notify the town clerk in writing within 15 days of hiring Ordinance No. 2000.10 rewrote paragraphs A
any attendant or employee. and C
B. An establishment operator covered by this chapter must notify the
town clerk in writing within 15 days of any change of licensed em-
ployees employed at the establishment.
C. An employee covered by this chapter must notify the town clerk in
writing within 15 days of any change in the employee's place of
employment from one establishment covered by this chapter to an-
other.
Section 9 -6 -15 Sale, transfer or expansion
A. Upon the sale or transfer of a substantial interest in a sexually ori-
ented business, the license for it shall be null and void, unless the
transaction was approved in advance by the town clerk, under the
application procedure of this chapter. An original application shall
be made by any person, association, firm or corporation desiring to
own or operate the establishment upon its transfer.
B. An establishment licensee shall submit, upon sale or transfer of any
interest in an existing sexually oriented business, or any enlarge-
ment or expansion of the place of business of a sexually oriented
business, new certifications of inspection as required of original ap-
plicants by this chapter.
Section 9 -6 -16 Notices
A. Any notice required or permitted to be given by the town clerk or
any other town office, division, department or other agency under
this chapter to any applicant, operator or owner of a sexually ori-
ented business may be given either by personal delivery or by certi-
MARANA TOWN CODE 9 -28 4130109
{00001471.DOC121)
Title 9. Business Regulations ()
fied United States mail, postage prepaid, return receipt requested,
addressed to the most recent address as specified in the applica-
tion for the license, or any notice of address change that has been
received by the town clerk. Notices mailed as above shall be
deemed given upon their deposit in the United States mail. If any
notice given by mail is returned by the postal service, the town clerk
or the town clerk's designee shall cause it to be posted at the prin-
cipal entrance to the establishment.
B. Any notice required or permitted to be given to the town clerk by any
person under this chapter shall not be deemed given until and
unless it is received in the office of the town clerk.
C. It shall be the duty of each owner who is designated on the license
application and each operator to furnish notice to the town clerk in
writing of any change of residence or mailing address.
Section 9 -6 -17 [Reserved]
Section 9 -6 -18 Additional regulations for escort agencies
A. An escort agency shall not employ any person under the age of 18
years; neither shall any person who is under the age of 18 may be
employed or act as an escort.
B. A person shall not act as an escort or agree to act as an escort for
any person under the age of 18 years; neither shall an escort
agency arrange for an escort for any person under the age of 18
years.
Section 9 -6 -19 Additional regulations for nude model studios
A. A nude model studio shall not employ any person under the age of
18 years.
B. A person under the age of 18 years shall not appear semi nude or in
a state of nudity in or on the premises of a nude model studio.
C. A person shall not appear in a state of nudity, or with knowledge,
allow another to appear in a state of nudity in an area of a nude
model studio premises which can be viewed from the public right of
way.
D. A nude model studio shall not place or permit a bed, sofa, or mat-
tress in any room on the premises, except that a sofa may be
placed in a reception room open to the public and containing a par-
tition to prevent visibility into the studio.
Section 9 -6 -20 Solicitation of gratuity prohibited
An employee of a sexually oriented business, while nude or semi-
nude, shall not solicit any gratuity from any patron or customer on the
sexually oriented business premises, nor shall any patron or customer
pay or give any gratuity to any employee who appears in a state of nu-
dity or semi - nudity on the sexually oriented business premises.
Section 9 -6 -21 Regulations pertaining to exhibition of sexually
explicit films and videos
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises in
a viewing room of less than 150 square feet of floor space, a film,
MARANA TOWN CODE 9 -29
{00001471.DOC121)
Section 9 -6 -17 as adopted by Ordinance
No. 2000.06 ( "Additional regulations for adult
motels') was deleted by Ordinance
No. 2000.10
Section 9 -6 -20 was rewritten by Ordinance
No. 2000.10
4/30/09
Title 9. Business Regulations
video cassette, or other video reproduction, that depicts specified sex-
ual activities or specified anatomical areas, shall comply with the fol-
lowing requirements:
A. Upon application for a sexually oriented business license, the appli-
cation shall be accompanied by a diagram of the premises showing
a plan of the proposed business specifying the location of one or
more manager's stations and the location of all overhead lighting
fixtures and designating any portion of the premises in which pa-
trons will not be permitted. A manager's station may not exceed
32 square feet of floor area. The diagram shall also designate the
place where the business license will be conspicuously posted, if
granted. A professionally prepared diagram in the nature of an en-
gineer's or architect's blueprint shall not be required; however, each
diagram should be oriented to the north or to some designated
street or object and should be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimen-
sions of all areas of the interior of the premises to an accuracy of
plus or minus six inches. The town clerk may waive the foregoing
diagram for renewal applications if the applicant adopts a diagram
that was previously submitted and certifies that the configuration of
the premises has not been altered since it was prepared.
B. The application shall be sworn to be true and correct by the appli-
cant.
C. No alteration in the configuration or location of a manager's station
may be made without the prior approval of the town clerk or the
town clerk's designee.
D. It is the duty of the owner and operator of the premises to ensure
that at least one employee is on duty and situated in each man-
ager's station at all times that any patron is present inside the prem-
ises.
E. The interior of the premises shall be configured so that there is an
unobstructed view from a manager's station of the entire area of the
premises to which any patron is permitted access for any purpose
excluding restrooms. Restrooms may neither contain nor be subject
to surveillance by video reproduction equipment. If the premises
have two or more manager's stations designated, then the interior
of the premises shall be configured so that there is an unobstructed
view of the entire area of the premises to which any patron is per-
mitted access for any purpose from at least one of the manager's
stations. The view required in this subsection must be by direct line
of sight from the manager's station.
F. It shall be the duty of the operator, and it shall also be the duty of
any agents and employees present in the premises, to ensure that
the view area specified in subsection (E) of this section remains un-
obstructed by any doors, walls, merchandise, display racks or other
materials at all times and to ensure that no patron is permitted ac-
cess to any area of the premises that has been designated as an
area in which patrons will not be permitted, as designated in the
application filed pursuant to subsection (A) of this section.
G. No viewing room may be occupied by more than one person at any
time.
MARANA TOWN CODE 9 -30 4130109
{00001471.DOC121)
Title 9. Business Regulations ()
H. The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five foot - candle
as measured at the floor level.
I. It shall be the duty of the operator, and it shall also be the duty of any
agents and employees present in the premises, to ensure that the
illumination described above is maintained at all times that any pa-
tron is present in the premises.
J. No licensee shall allow an opening of any kind to exist between
viewing rooms or booths.
K. No person shall make any attempt to make an opening of any kind
between the viewing booths or rooms.
L. The operator of the sexually oriented business shall, during each
business day, inspect the walls between the viewing rooms or
booths to determine if any openings or holes exist. No licensee or
employee of a sexually oriented business may permit a patron to
occupy a viewing room or booth containing any openings or holes
allowing viewing between two or more booths.
M. The operator of the sexually oriented business shall cause all floor
coverings in viewing booths to be nonporous, easily cleanable sur-
faces, with no rugs or carpeting.
N. The operator of the sexually oriented business shall cause all wall
surfaces and ceiling surfaces in viewing booths to be constructed
of, or permanently covered by, nonporous, easily cleanable mate-
rial. No wood, plywood, composition board or other porous material
shall be used within 48 inches of the floor.
Section 9 -6 -22 Exterior portions of sexually oriented
businesses
A. An owner or operator of a sexually oriented business shall not allow
the merchandise or activities of the establishment to be visible from
a point outside the establishment.
B. An owner or operator of a sexually oriented business shall abide by
the provisions of this chapter regulating the content of signs.
C. An owner or operator of a sexually oriented business shall not allow
exterior portions of the establishment to be painted any color other
than a single achromatic color. This provision shall not apply to a
sexually oriented business if the following conditions are met:
1. The establishment is a part of a commercial multi unit center;
2. The exterior portions of each individual unit in the commercial
multi unit center, including the exterior portions of the business,
are painted the same color as one another or are painted as a
component of the overall architectural style or pattern of the
commercial multi unit center; but
3. Nothing in this chapter shall be construed to require the painting
of an otherwise unpainted exterior portion of a sexually oriented
business.
MARANA TOWN CODE 9 -31
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Paragraph 8 was rewritten by Ordinance
No. 2000.10
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Title 9. Business Regulations ()
Section 9 -6 -23 Signage
A. Notwithstanding any other provision of the code, it shall be unlawful
for the operator of any sexually oriented business or any other per-
son to erect, construct, or maintain any sign for the sexually ori-
ented business other than the one primary sign and one secondary
sign, as provided in this section. This section is intended to aug-
ment the town sign code, not supplant it.
B. Primary signs shall have no more than two display surfaces. Each
display surface shall:
1. Not contain any flashing lights;
2. Be a flat plane, rectangular in shape;
3. Not exceed 75 square feet in area; and
4. Not exceed ten feet in height or ten feet in length.
C. Primary and secondary signs shall contain no photographs, silhou-
ettes, drawings or pictorial representations in any manner, and may
contain only the name of the enterprise.
D. Each letter forming a word on a primary or secondary sign shall be
of solid color, and shall be the same print type, size and color. The
background behind the lettering on the display surface of a primary
sign shall be of a uniform and solid color.
E. Secondary signs shall have only one display surface. The display
surface shall:
1. Not contain any flashing lights;
2. Be a flat plane, rectangular in shape;
3. Not exceed 20 square feet in area;
4. Not exceed five feet in height or five feet in width; and
5. Be affixed or attached to a wall or door of the enterprise.
Section 9 -6 -24 Sale, use, or consumption of alcoholic
beverages prohibited
The sale, use, or consumption of alcoholic beverages on the premises
of a sexually oriented business is prohibited.
Section 9 -6 -25 Persons younger than eighteen prohibited from
entry; attendant required.
A. An owner or operator of a sexually oriented business shall not allow
a person who is younger than 18 years of age to enter or be on the
premises of a sexually oriented business at any time the sexually
oriented business is open for business.
B. It shall be the duty of the operator of each sexually oriented busi-
ness to ensure that an attendant is stationed at each public en-
trance to the sexually oriented business at all times during the sexu-
ally oriented business' regular business hours. It shall be the duty of
the attendant to prohibit any person under the age of 18 years from
entering the sexually oriented business. It shall be presumed that
an attendant knew a person was under the age of 18 years unless
the attendant asked for and was furnished:
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1. A valid operator's, commercial operator's, or chauffeur's driver's
license; or
2. A valid personal identification issued by the state reflecting that
the person is 18 years of age or older.
Section 9 -6 -26 Hours of operation
No sexually oriented business, except for an adult motel, may remain
open at any time between the hours of 1:00 a.m. and 8:00 a.m. on
weekdays and Saturdays, and 1:00 a.m. and noon on Sundays.
Section 9 -6 -27 Applicability to existing businesses
The provisions of this chapter shall apply to the activities of all persons
and sexually oriented businesses described in this chapter, whether
the business or activities were established or commenced before, on
or after the effective date of this section, except that the requirements
that sexually oriented businesses be separated from certain types of
land uses shall not apply to businesses existing on the date of pas-
sage of this ordinance. For purposes of this section, a use shall be
considered existing or established if it is in existence as of July 18,
2000.
Section 9 -6 -28 Violations, penalty and abatement
A. It shall be unlawful for a person having a duty under this chapter to
knowingly fail to fulfill that duty.
B. A person who violates any provision of this chapter is guilty of a
class 1 misdemeanor.
C. In addition to prosecution for a criminal violation of this chapter, the
operation of a sexually oriented business without a valid license shall
constitute a nuisance and the town attorney may file an action in a
court of competent jurisdiction against a person or entity operating or
causing to be operated the business for injunctive relief or to abate the
nuisance arising out of violation of this ordinance.
Chapter 9 -7 LIQUOR LICENSE TAX
Section 9 -7 -1 Exemptions
This chapter is not applicable to wholesalers licensed under A. R.S.
§ 4 -209.
Section 9 -7 -2 Fees
Every person, firm, corporation or other entity applying for a spirituous
liquor license, under the provisions of A.R.S. § 4 -101 et seq., whether
it be for an original license or transfer of license, shall tender to the
town a fee of $50. The fee shall be tendered to the town contempora-
neous with the filing of an application for original license or transfer of
license to the Arizona State Department of Liquor Licenses and Con-
trol.
Chapter 9 -8 CABLE TELEVISION
Section 9 -8 -1 Intent
A. The town, pursuant to applicable federal and state law, is authorized
to grant one or more nonexclusive franchises to construct, operate,
MARANA TOWN CODE 9 -33
{00001471.DOC121)
Section 9 -6 -27 was added by Ordinance
No. 2000.10
Section 9 -6 -28 was added by Ordinance
No. 2000.10
Chapter 9 -8 was adopted by Ordinance
No. 2002.29. Ordinance No. 2005.22 re-
placed all occurrences of "grantor" in chap-
ter 9 -8 with "town. " For prior ordinance his-
tory, see Ordinance Nos. 87.09, 96.09
and 2000.06.
4/30/09
Title 9. Business Regulations ()
maintain and reconstruct cable television systems within the town
limits.
B. The town council finds that the development of cable television sys-
tems has the potential of having great benefit and impact upon the
residents of Marana. Because of the complex and rapidly changing
technology associated with cable television, the town council further
finds that the public convenience, safety and general welfare can
best be served by establishing regulatory powers which should be
vested in the town or such persons as the town shall designate. It is
the intent of this chapter and subsequent amendments to provide
for and specify the means to attain the best possible cable televi-
sion service to the public and this finding shall be deemed to be in-
cluded as an integral part of any franchise issued pursuant to this
chapter.
Section 9 -8 -2 Definitions
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the following meanings:
A. "Basic cable service" means any service tier which includes the re-
transmission of local television broadcast signals.
B. "Cable Act" means the Cable Communications Policy Act of 1984,
47 U.S.C. §§ 521 -611 (1982 & Supp. V 1987), as amended by the
Cable Television Consumer Protection and Competition Act of
1992, Pub. L. No.102 -385, and as may, from time to time, be
amended.
C. "Cable service" means:
1. The one -way transmission to subscribers of video programming
or other programming service; and
2. Subscriber interaction, if any, which is required for the selection
or use of the video programming or other programming service.
D. "Cable television system," "system" or "cable system" means a facil-
ity, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed
to provide cable service which includes video programming and
which is provided to multiple subscribers within a community, but
the term does not include:
1. A facility that serves only to retransmit the television signals of
one or more television broadcast stations;
2. A facility that serves subscribers without using any public rights -
of -way;
3. A facility of a common carrier that is subject, in whole or in part,
to the provisions of 47 U.S.C. §§ 201 -226, except that those fa-
cility shall be considered a cable system to the extent that the fa-
cility whether on a common carrier basis or otherwise is used in
the transmission of video programming directly to subscribers; or
4. Any facilities of any electric utility used solely for operating its
electric utility system.
MARANA TOWN CODE
{00001471.DOC121)
9 -34
Ordinance No. 2005.22 rewrote the last sen-
tence of paragraph 8
Ordinance No. 2005.22 rewrote the introduc-
tory paragraph of section 9 -8 -2 to delete
repetitious rules of construction (see chap-
ter 1 -3) and stylistic rules inconsistent with
Ordinance No. 2005.22, and deleted repeti-
tious definitions (see section 1 -3 -2)
4/30/09
Title 9. Business Regulations ()
E. "Channel" or "cable channel" means a portion of the electromag-
netic frequency spectrum that is used in a cable system and which
is capable of delivering a television channel as defined by the FCC.
F. "FCC" means the Federal Communications Commission, its desig-
nated representative or its lawful successor.
G. "Franchise" means atown- issued authorization to construct or op-
erate a cable system, whether designated as a franchise, permit, li- Ordinance No. 2005.22 rewrote paragraph G
cense, resolution, contract, certificate, agreement, or otherwise.
H. "Franchise agreement" means a franchise granted pursuant to this
chapter, containing the specific provisions of the franchise granted,
including references, specifications, requirements and other related
matters.
I. "Franchise fee" means any tax, fee or assessment of any kind im-
posed by the town or other governmental entity on a grantee or ca-
ble subscriber, or both, solely because of their status as such. The
term "franchise fee" does not include:
1. Any tax, fee, or assessment of general applicability (including any
tax, fee, or assessment imposed on both utilities and cable op-
erators or their services but not including a tax, fee, or assess-
ment which is unduly discriminatory against cable operators or
cable subscribers);
2. Capital costs that are required by the franchise agreement to be
incurred by the cable operator for public, educational, or Gov-
ernmental Access Facilities;
3. Requirements or charges incidental to the awarding or enforcing
of the franchise, including payments for bonds, security funds,
letters of credit, insurance, indemnification, penalties, or liqui-
dated damages; or
4. Any fee imposed under title 17 of the United States Code.
J. "Grantee" means any person receiving a franchise pursuant to this
chapter and its agents, employees, officers, designees, or any law-
ful successor, transferee or assignee.
K. "Gross annual revenues" means all revenues derived directly or in-
directly by the grantee or any person in which the grantee has a fi-
nancial interest from or in connection with the operation of the sys-
tem pursuant to a franchise granted under this chapter, except it
shall not include bad debt, sales tax or other taxes or charges im-
posed on grantee in addition to its franchise obligations and col-
lected for direct pass- through to state or federal government.
L. "Initial service area" means the area of the town that will receive ca-
ble service initially, as set forth in any franchise agreement.
M. "Installation" means the connection of the system to subscribers'
terminals, and the provision of cable service.
N. "Normal business hours" means those hours during which most
similar businesses in the community are open to serve customers.
In all cases, normal business hours must include some evening
hours at least one night per week and /or some weekend hours.
MARANA TOWN CODE 9 -35 4130109
{00001471.DOC121)
Title 9. Business Regulations
O. "Normal operating conditions" means those service conditions that
are within the control of the grantee. Those conditions that are not
within the control of the grantee include, but are not limited to, natu-
ral disasters, civil disturbances, power outages, telephone network
outages, and severe or unusual weather conditions, and significant
legislative or regulatory requirements. Those conditions which are
ordinarily within the control of the grantee include, but are not lim-
ited to, special promotions, pay - per -view events, regular peak or
seasonal demand periods, and maintenance or upgrade of the sys-
tem.
P. "PEG access facilities" means public, educational or government
access facilities; that is:
1. Channel capacity designated for public, educational, or govern-
mental use; and
2. Facilities and equipment for the use of that channel capacity.
Q. "Service area" or "franchise area" means the entire geographic area
within the town as it is now constituted or may in the future be con-
stituted, unless otherwise specified in the franchise agreement.
R. "Service interruption" means the loss of picture or sound on one or
more cable channels affecting at least 10% of the town's subscrib-
ers on the system.
S. "Street" means each of the following that have been dedicated to
the public or are hereafter dedicated to the public and maintained
under public authority or by others and located within the town lim-
its: streets, roadways, highways, avenues, lanes, alleys, sidewalks,
easements, rights -of -way and similar public property and areas that
the town shall permit to be included within the definition of street
from time to time.
T. "Subscriber" means any person who or which lawfully elects to sub-
scribe to, for any purpose, cable service provided by the grantee by
means of or in connection with the cable system and who pays the
charges for it, except those persons or entities authorized to receive
cable service without charge as described in the franchise agree-
ment.
Section 9 -8 -3 Franchise to install and operate
A franchise granted by the town under the provisions of this chapter
shall encompass the following purposes:
A. To engage in the business of providing cable service, and such
other services as may be permitted by the franchise agreement.
B. To erect, install, construct, repair, rebuild, reconstruct, replace,
maintain, and retain cable lines, related electronic equipment, sup-
porting structures, appurtenances, and other property in connection
with the operation of a cable system in, on, over, under, upon, along
and across streets or other public places within the designated ser-
vice area.
C. To maintain and operate the franchise properties for the origination,
reception, transmission, amplification, and distribution of television
MARANA TOWN CODE 9 -36
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Title 9. Business Regulations
and radio signals for the delivery of cable services and any other
services permitted by the franchise agreement.
D. To set forth the obligations of a grantee under the franchise agree-
ment.
Section 9 -8 -4 Franchise required
It shall be unlawful for any person to construct, install or operate a ca-
ble television system in the town within any street without a properly
granted franchise awarded pursuant to the provisions of this chapter.
Section 9 -8 -5 Term of the franchise
A. A franchise granted under this chapter shall be for a term estab-
lished in the franchise agreement, commencing with the town's
adoption of an ordinance or resolution authorizing the franchise.
B. A franchise granted under this chapter may be renewed upon appli-
cation by the grantee pursuant to the provisions of applicable state
and federal law and of this chapter.
Section 9 -8 -6 Franchise territory
Any franchise shall be valid within all the territorial limits of the town,
and within any area added to the town during the term of the franchise,
unless otherwise specified in the franchise agreement.
Section 9 -8 -7 Federal, state and town jurisdiction
A. This chapter shall be construed in a manner consistent with all ap-
plicable federal and state laws.
B. If the state or federal government discontinues preemption in any
area of cable communications over which it currently exercises ju-
risdiction so as to expand rather than limit municipal regulatory au-
thority, the town may, if it so elects, adopt rules and regulations in
these areas to the extent permitted by law.
C. This chapter shall apply to all franchises granted or renewed after
the effective date of this chapter. It shall further apply to the extent
permitted by applicable federal or state law to all existing franchises
granted prior to the effective date of this chapter.
D. Grantee's rights are subject to the police powers of the town to
adopt and enforce ordinances necessary to the health, safety and
welfare of the public. Grantee shall comply with all applicable gen-
eral laws and ordinances enacted by the town pursuant to that
power.
E. Grantee shall not be relieved of its obligation to comply with any of
the provisions of this chapter or any franchise granted pursuant to
this chapter by reason of any failure of the town to enforce prompt
compliance.
F. This chapter and any franchise granted pursuant to this chapter
shall be construed and enforced in accordance with the substantive
laws of the state.
Section 9 -8 -8 Franchise non - transferable
A. Grantee shall not sell, transfer, lease, assign, sublet or dispose of,
in whole or in part, either by forced or involuntary sale, or by ordi-
MARANA TOWN CODE 9 -37
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Title 9. Business Regulations ()
nary sale, consolidation or otherwise, the franchise and /or cable
system or any of the rights or privileges granted by the franchise,
without the prior consent of the council which consent shall not be
unreasonably denied or delayed and shall be denied only upon a
good faith finding by the town that the proposed transferee lacks the
legal, technical or financial qualifications to perform its obligations
under the franchise agreement. Any attempt to sell, transfer, lease,
assign or otherwise dispose of the franchise and /or cable system
without the consent of the council shall be null and void. This provi-
sion shall not apply to sales of property or equipment in the normal
course of business. No consent from the town shall be required for
a transfer in trust, mortgage, or other instrument of hypothecation,
in whole or in part, to secure an indebtedness, or for a pro forma
transfer to a corporation, partnership or other entity controlling, con-
trolled by or under common control with grantee.
B. The following events shall be deemed to be a sale, assignment or
other transfer of the franchise and /or cable system requiring com-
pliance with this section:
1. The sale, assignment or other transfer of all or a majority of
grantee's assets;
2. The sale, assignment or other transfer of capital stock or partner-
ship, membership or other equity interests in grantee by one or
more of its existing shareholders, partners, members or other
equity owners so as to create a new controlling interest in
grantee;
3. The issuance of additional capital stock or partnership, member-
ship or other equity interest by grantee so as to create a new
controlling interest in grantee; and
4. The entry by the grantee into an agreement with respect to the
management or operation of the grantee and /or the system.
C. The term "controlling interest" as used in paragraphs B(2) and (3)
above means majority equity ownership of the grantee.
D. Except as provided below, no grantee may sell or otherwise transfer
ownership in a franchise and /or cable system, without the prior con-
sent of the council which consent shall not be unreasonable denied
or delayed and shall be denied only upon a good faith finding by the
town that the proposed transferee lacks the legal technical or finan-
cial qualifications to perform its obligations under the franchise
agreement following either the acquisition or initial construction of
the system by grantee. In the case of a sale of multiple systems, if
the terms of the sale require the buyer to subsequently transfer
ownership of one or more of the systems to one or more third par-
ties, the transfer shall be considered a part of the initial transaction.
No consent from the town shall be required for the following:
1. Any transfer of ownership interest in any franchise and /or cable
system which is not subject to federal income tax liability;
2. Any sale required by operation of any law or any act of any
agency, any state or political subdivision or the town; or
MARANA TOWN CODE 9 -38
{00001471.DOC121)
Ordinance No. 2005.22 rewrote and desig-
nated this paragraph as "C" and re- numbered
the following paragraphs to conform
4/30/09
Title 9. Business Regulations
3. Any sale, assignment, or transfer, to one or more purchasers,
assignees, or transferees controlled by, controlling, or under
common control with, the seller, assignor, or transferor.
E. In the case of any sale or transfer of ownership of any franchise
and /or cable system following acquisition of the system, the town
shall have 120 days to act upon any request for approval of the sale
or transfer that contains or is accompanied by information required
by FCC regulations, the requirements of this chapter and any other
reasonable information the town, in its sole discretion, requests. If
the town fails to render a final decision on the request within
120 days from receipt by the town of all required information, the
request shall be deemed granted unless the requesting party and
the town agree to an extension of time.
F. Grantee shall notify the town in writing of any foreclosure or any
other judicial sale of all or a substantial part of the franchise prop-
erty of the grantee or upon the termination of any lease or interest
covering all or a substantial part of the franchise property. The noti-
fication shall be considered by the town as notice that a change in
control of ownership of the franchise has taken place and the provi-
sions under this section governing the consent of the town to the
change in control of ownership shall apply.
G. For the purpose of determining whether it shall consent to the
change, transfer, or acquisition of control, the town may inquire into
the legal, financial, and technical qualifications of the prospective
transferee or controlling party, and grantee shall assist the town in
any such inquiry. The transferee shall be required to establish that it
possesses the legal, technical and financial qualifications to operate
and maintain the system and comply with all franchise requirements
for the remainder of the term of the franchise. If, after considering
the legal, financial, and technical qualities of the applicant and de-
termining that they are satisfactory, the town finds that the transfer
is acceptable, the town shall transfer and assign the rights and obli-
gations of the franchise. The consent of the town to the transfer
shall not be unreasonably denied.
H. Any financial institution having a pledge of the grantee or its assets
for the advancement of money for the construction and /or operation
of the franchise shall have the right to notify the town that it or its
designee satisfactory to the town shall take control of and operate
the cable television system, if a grantee defaults in its financial obli-
gations. The financial institution shall also submit a plan for the op-
eration within 30 days of assuming control that will insure continued
service and compliance with all franchise requirements during the
term the financial institution exercises control over the system. The
financial institution shall not exercise control over the system for a
period exceeding one year unless extended by the town in its dis-
cretion and during that period of time it shall have the right to peti-
tion the town to transfer the franchise to another grantee.
Section 9 -8 -9 Purchase by town upon expiration or revocation
A. If, subject to the provisions of the Cable Act, a renewal of a fran-
chise is denied, the town may purchase to the extent permitted by
Federal law and upon payment to the grantee of the cable systems'
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Title 9. Business Regulations
fair market value as a going concern, exclusive of any value allo-
cated to the franchise itself, that portion of grantee's cable system
serving the town.
B. Subject to the Cable Act, if a franchise is revoked for cause, the
town may, to the extent permitted by federal law, acquire that por-
tion of the cable system serving the town upon payment of an equi-
table price.
Section 9 -8 -10 Geographical coverage
A. Grantee shall design, construct and maintain the cable television
system to have the capability to pass every dwelling unit in the ser-
vice area, subject to any line extension requirements of the fran-
chise agreement.
B. After service has been established by activating trunk and /or distri-
bution cables for any part of the service area, grantee shall provide
cable service to any requesting subscriber within that service area
within 30 days from the date of request, provided that the grantee is
able to secure all rights -of -way necessary to extend service to that
subscriber within the 30 day period on reasonable terms and condi-
tions.
Section 9 -8 -11 Nonexclusive franchise
Any franchise granted shall be nonexclusive. The town specifically re-
serves the right to grant, at any time, any additional franchises for a
cable television system or any system component, as it deems appro-
priate, subject to applicable state and federal law, provided, however,
that no franchise shall be granted on terms materially less burdensome
or more favorable than any other franchise granted under this chapter.
Section 9 -8 -12 Multiple franchises
A. The town may grant one or more franchises for a service area. the
town may, in its sole discretion, limit the number of franchises
granted, based upon, but not necessarily limited to, the require-
ments of applicable law and specific local considerations; such as:
1. The capacity of the public rights -of -way to accommodate multiple
coaxial cables in addition to the cables, conduits and pipes of the
utility systems, such as electrical power, telephone, gas and
sewerage.
2. The impact on the community of having multiple franchises.
3. The disadvantages that may result from cable system competi-
tion, such as the requirement for multiple pedestals on residents'
property, and the disruption arising from numerous excavations
of the rights -of -way.
4. The financial capabilities of the applicant and its guaranteed
commitment to make necessary investment to erect, maintain
and operate the proposed system for the duration of the fran-
chise term.
B. Each grantee awarded a franchise to serve the entire town shall of-
fer service to all residences in the town, in accordance with con-
struction and service schedules mutually agreed upon between the
town and grantee, and consistent with applicable law.
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C. Developers of new residential housing with underground utilities
shall provide conduit to accommodate cables for at least two cable
systems in accordance with the provisions of section 9- 8- 19(D).
D. The town may require that any new grantee be responsible for its
own underground trenching and the costs associated therewith, if,
in the town's opinion, the rights -of -way in any particular area cannot
feasibly and reasonably accommodate additional cables.
E. Any additional franchise granted by the town to provide cable ser-
vice in a part of the town in which a franchise has already been
granted and where an existing grantee is providing service shall re-
quire the new grantee to provide service throughout its service area
within a reasonable time and in a sequence which does not dis-
criminate against lower income residents.
Section 9 -8 -13 Initial franchise applications
Any person desiring an initial franchise for a cable television system
shall file an application with the town. A reasonable nonrefundable ap-
plication fee established by the town shall accompany the application.
The application fee shall not be deemed to be "franchise fees" within
the meaning of section 622 of the Cable Act (47 U.S.C. § 542), and the
payments shall not be deemed to be (i) "payments in kind" or any in-
voluntary payments chargeable against the compensation to be paid to
the town by grantee pursuant to section 9 -8 -18 hereof and applicable
provisions of a franchise agreement, or (ii) part of the compensation to
be paid to the town by grantee pursuant to section 9 -8 -18 hereof and
applicable provisions of a franchise agreement.
An application for an initial franchise for a cable television system shall
contain, where applicable:
A. A statement as to the proposed franchise and initial service area.
B. Resume of prior history of applicant, including the legal, technical
and financial expertise of applicant in the cable television field.
C. List of the partners, general and limited, of the applicant, if a part-
nership, or the percentage of stock owned or controlled by each
shareholder, if a corporation.
D. List of officers, directors and managing employees of applicant, to-
gether with a description of each person's background.
E. The names and addresses of any parent or subsidiary of applicant
or any other business entity owning or controlling applicant in whole
or in part, or owned or controlled in whole or in part by applicant.
F. A current financial statement of applicant verified by a certified pub-
lic accountant audit or otherwise certified to be true, complete and
correct to the reasonable satisfaction of the town.
G. Proposed construction and service schedule.
H. Any additional information that the town deems applicable.
Section 9 -8 -14 Consideration of initial applications
A. Upon receipt of any application for an initial franchise, the town
manager shall prepare a report and make recommendations re-
specting the application to the town council.
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B. A public hearing shall be set prior to any initial franchise grant, at a
time and date approved by the council. Within 30 days after the
close of the hearing, the council shall make a decision based upon
the evidence received at the hearing as to whether or not the fran-
chise should be granted, and, if granted, subject to what conditions.
The council may grant one or more initial franchises, or may decline
to grant any franchise.
Section 9 -8 -15 Franchise renewal
Franchise renewals shall be in accordance with applicable law includ-
ing, but not necessarily limited to the Cable Act. The town and grantee,
by mutual consent, may enter into renewal negotiations at any time
during the term of the franchise.
Section 9 -8 -16 Consumer protection and service standards
Except as otherwise provided in the franchise agreement, grantee
shall maintain a local office or offices to provide the necessary facili-
ties, equipment and personnel to comply with the following consumer
protection standards under normal operating conditions:
A. cable system office hours and telephone availability:
1. Grantee will maintain a local, toll -free or collect call telephone ac-
cess line which will be available to its subscribers 24 hours a
day, seven days a week.
a. Trained grantee representatives will be available to respond to
customer telephone inquiries during normal business hours.
b. After normal business hours, the access line may be an-
swered by a service or an automated response system, in-
cluding an answering machine. Inquiries received after normal
business hours must be responded to by a trained grantee
representative on the next business day.
2. Under normal operating conditions, telephone answer time by a
customer representative, including wait time, shall not exceed
30 seconds when the connection is made. If the call needs to be
transferred, transfer time shall not exceed 30 seconds. These
standards shall be met no less then 90% of the time under nor-
mal operating conditions, measured on a quarterly basis.
3. The grantee will not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering
standards above unless an historical record of complaints indi-
cates a clear failure to comply.
4. Under normal operating conditions, the customer will receive a
busy signal less than 3% of the time.
5. Customer service center and bill payment locations will be open
at least during normal business hours and will be conveniently
located.
B. Installations, outages and service calls. Under normal operating
conditions, each of the following four standards will be met no less
than 95% of the time measured on a quarterly basis:
1. Standard installations will be performed within seven business
days after an order has been placed. Standard installations are
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Title 9. Business Regulations .
those that are located up to 125 feet from the existing distribution
system.
2. Excluding conditions beyond the control of grantee, grantee will
begin working on Service interruptions promptly and in no event
later than 24 hours after the interruption becomes known. The
grantee must begin actions to correct other service problems the
next business day after notification of the service problem.
3. At the subscriber's request, the "appointment window" alterna-
tives for Installations, service calls, and other Installation activi-
ties will be within a two to four hour time block during normal
business hours. (The grantee may schedule service calls and
other Installation activities outside of normal business hours for
the express convenience of the customer.)
4. Grantee may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled
appointment.
5. If grantee's representative is running late for an appointment with
a customer and will not be able to keep the appointment as
scheduled, the customer will be contacted. The appointment will
be rescheduled, as necessary, at a time that is convenient for
the customer.
C. Communications between grantee and cable subscribers:
1. Notifications to subscribers:
a. The grantee shall provide written information on each of the
following areas at the time of Installation of service, at least
annually to all subscribers, and at any time upon request:
i. Products and services offered;
ii. Prices and options for programming services and condi-
tions of subscription to programming and other services;
iii. Installation and service maintenance policies;
iv. Instructions on how to use the cable service;
v. Channel positions for programming carried on the system;
and
vi. Billing and complaint procedures, including the address
and telephone number of the town's cable office.
b. Customers will be notified of any changes in rates, program-
ming services or channel positions as soon as possible
through announcements on the cable system and in writing.
Notice must be given to subscribers a minimum of 30 days in
advance of the changes if the change is within the control of
the grantee. In addition, the grantee shall notify subscribers
30 days in advance of any significant changes in the other in-
formation required by the preceding paragraph.
2. Billing:
a. Bills will be clear, concise and understandable. Bills must be
fully itemized, with itemizations including, but not limited to,
basic and premium service charges and equipment charges.
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Bills will also clearly delineate all activity during the billing pe-
riod, including optional charges, rebates and credits.
b. In case of a billing dispute, the grantee must respond to a writ-
ten complaint from a subscriber within 30 days.
3. Refunds: Refund checks will be issued promptly, but no later
than either:
a. The customer's next billing cycle following resolution of the re-
quest or 30 days, whichever is earlier, or
b. The return of the equipment supplied by the grantee if service
is terminated.
4. Credits: Credits for service will be issued no later than the cus-
tomer's next billing cycle following the determination that a credit
is warranted.
Section 9 -8 -17 Rate regulation
A. The town reserves the right to regulate rates for basic cable service
and any other services offered over the cable system, to the extent
permitted by federal or state law. The grantee shall be subject to
the rate regulation provisions provided for in this chapter, and those
of the FCC at 47 C.F.R., Part 76.900, subpart N. The town shall fol-
low the rules relating to cable rate regulation promulgated by the
FCC at 47 C.F.R., Part 76.900, subpart N.
B. Except to the extent otherwise expressly permitted by applicable
law, grantee shall provide cable service to each resident within the
service area at a uniform rate.
Section 9 -8 -18 Franchise fee
A. Following the issuance and acceptance of a franchise, the grantee
shall pay to the town a franchise fee in the amount set forth in the
franchise agreement.
B. The town, on an annual basis, shall be furnished a statement within
60 days of the close of the calendar year, certified by an officer of
the grantee or audited by a certified public accountant, reflecting the
total amounts of gross annual revenues and all payments, and
computations for the previous calendar year. Upon ten days prior
written notice, the town shall have the right to conduct an inde-
pendent audit of grantee's records, in accordance with generally
accepted accounting principles and if the audit indicates a franchise
fee underpayment of 10% or more, the grantee shall assume all
reasonable costs of the audit.
C. Except as otherwise provided by law, no acceptance of any pay-
ment by the town shall be construed as a release or as an accord
and satisfaction of any claim the town may have for further or addi-
tional sums payable as a franchise fee under this chapter or any
franchise agreement or for the performance of any other obligation
of the grantee.
D. If any franchise fee payment or recomputed amount is not made on
or before the dates specified in the franchise agreement, grantee
shall pay as additional compensation an interest charge, computed
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from the due date, at an annual rate equal to the prime lending rate
plus 1 1 /2% during the period for which payment was due.
E. Franchise fee payments shall be made in accordance with the
schedule indicated in the franchise agreement.
Section 9 -8 -19 Design and construction requirements
A. Grantee shall not construct any cable system facilities until grantee
has secured, at its own expense, all necessary permits, licenses or
other forms of approval or authorization from the town and other
cognizant public agencies.
B. Grantee shall construct, operate and maintain its transmission and
distribution facilities underground in those areas of the town where
. . . . . ... . ... .
transmission or distribution facilities of the public utilities providing
telephone and electric power service are underground.
C. In those areas of the town where grantee's cables are located on
the above - ground transmission or distribution facilities of the public
utility providing telephone or electric power service, and if the facili-
ties of both of those public utilities subsequently are placed under-
ground, then the grantee likewise shall construct, operate and main-
tain its transmission and distribution facilities underground, at
grantee's cost. Certain of grantee's equipment, such as pedestals,
amplifiers and power supplies, which normally are placed above
ground, may continue to remain in above - ground closures.
D. In new residential developments in which all the electric power and
telephone utilities are underground, the following procedure shall
apply with respect to access to and utilization of underground ease-
ments:
1. The developer shall be responsible for contacting and surveying
all franchised cable operators to ascertain which operators de-
sire (or, pursuant to the terms and provisions of this chapter and
any franchise agreement, may be required) to provide cable ser-
vice to that development. The developer may establish a rea-
sonable deadline to receive cable operator responses. The final
development map shall indicate the cable operators that have
agreed to serve the development.
2. If one or two cable operators wish to provide service, they shall
be accommodated in the joint utilities trench on a nondiscrimina-
tory shared basis. If fewer than two operators indicate interest,
the developer shall provide conduit to accommodate two sets of
cable television cables and dedicate to the town any initially un-
occupied conduit. The developer shall be entitled to recover from
the town the cost of the initially unoccupied conduit if the town
subsequently leases or sells occupancy or use rights to any
grantee.
3. The developer shall provide at least ten working days notice of
the date that utility trenches will be open to the cable operators
that have agreed to serve the development. When the trenches
are open, cable operators shall have two working days to begin
the Installation of their cables, and five working days after begin-
ning Installation to complete Installation.
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Title 9. Business Regulations
4. The final development map shall not be approved until the devel-
oper submits evidence that:
a. It has notified each grantee that underground utility trenches
are to open as of an estimated date, and that each grantee
will be allowed access to those trenches, including trenches
from proposed streets to individual homes or home sites, on
specified nondiscriminatory terms and conditions; and
b. It has received a written notification from each grantee that the
grantee intends to install its facilities during the open trench
period on the specified terms and conditions, or such other
terms and conditions as are mutually agreeable to the devel-
oper and grantee, or has received no reply from a grantee
within ten days after its notification to the grantee, in which
case the grantee will be deemed to have waived its opportu-
nity to install its facilities during the open trench period.
5. Sharing the joint utilities trench shall be subject to compliance
with state regulatory agency and utility standards. If compliance
is not possible, the developer shall provide a separate trench for
the cable television cables, with the entire cost shared among
the participating cable operators. With the concurrence of the
developer, the affected utilities and the cable operators, alterna-
tive Installation procedures, such as the use of deeper trenches,
may be utilized, subject to applicable law.
6. Any cable operator wishing to serve an area where the trenches
have been closed shall be responsible for its own trenching and
associated costs and shall repair all property to the condition
which existed prior to the trenching.
E. Grantee shall remove, replace or modify at its own expense the in-
stallation of any of its facilities within any street when required to do
so by the town to allow the town to change, maintain, repair, im-
prove or eliminate a street. Nothing in this section shall prevent
grantee from seeking and obtaining reimbursement from sources
other than the town.
F. At the request of any person holding a valid building moving permit
and upon sufficient notice, grantee shall temporarily raise or lower
its wires as necessary to facilitate the move upon not less than
72 hours advance notice. The direct expense of the temporary
changes, including standby time, shall be paid by the holder of the
moving permit and grantee may require payment in advance.
Section 9 -8 -20 Technical standards
A. The grantee shall construct, install, operate and maintain its system
in a manner consistent with all applicable laws, ordinances, con-
struction standards, governmental requirements, FCC technical
standards, and any standards set forth in its franchise agreement.
In addition, the grantee shall provide to the town, upon request, a
written report of the results of the grantee's periodic proof of per-
formance tests conducted pursuant to FCC standards and guide-
lines.
B. Repeated and verified failure to maintain specified technical stan-
dards shall constitute a material franchise violation.
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C. All construction practices shall be in accordance with all applicable
sections of the Occupational Safety and Health Act of 1970, as
amended, as well as all other applicable local, state and federal
laws and regulations.
D. All Installation of electronic equipment shall be installed in accor-
dance with the provisions of the National Electrical and Safety code
and National Electrical Code, as amended, and as may from time to
time be amended.
E. Antennae and their supporting structures (towers) shall be painted,
lighted, erected and maintained in accordance with all applicable
rules and regulations of the Federal Aviation Administration and all
other applicable local, state and federal laws and regulations.
F. All of grantee's plant and equipment, including, but not limited to,
the antenna site, headend and distribution system, towers, house
connections, structures, poles, wire, coaxial cable, fixtures and ap-
purtenances shall be installed, located, erected, constructed, re-
constructed, replaced, removed, repaired, maintained and operated
in accordance with good engineering practices, performed by ex-
perienced maintenance and construction personnel so as not to en-
danger or interfere with improvements that the town may deem ap-
propriate to make, or to interfere in any manner with the rights or
reasonable convenience of any property owner, or to unnecessarily
hinder or obstruct public use of the streets or pedestrian or vehicu-
lar traffic.
G. Grantee shall at all times employ ordinary care and shall install and
maintain in use commonly accepted methods and devices prevent-
ing failures and accidents which are likely to cause damage, injury
or nuisance to the public.
Section 9 -8 -21 Trimming of trees
Grantee shall have the authority to trim trees, in accordance with all
applicable utility restrictions, ordinance and easement restrictions,
upon and hanging over streets, alleys, sidewalks, and public places of
the town so as to prevent the branches of the trees from coming in
contact with the wires and cables of grantee. Town representatives
shall have authority to supervise and approve all trimming of trees con-
ducted by grantee.
Section 9 -8 -22 Use of grantee facilities
The town shall have the right to install and maintain, free of charge,
upon the poles and within the underground pipes and unused conduits,
any wires and fixtures desired by the town to the extent that the instal-
lation and maintenance does not interfere with existing operations and
future use of grantee.
Section 9 -8 -23 Hold harmless
A. Grantee, under any franchise operated pursuant to this chapter,
shall agree to indemnify, hold harmless, release and defend the
town, its officers, boards, commissions, agents and employees from
and against any and all lawsuits, claims, causes of action, actions,
liability, demands, damages, disability, losses, expenses, including
reasonable attorneys' fees and costs or liabilities of any nature that
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may be asserted by any person resulting or in any manner arising
from the action or inaction of the grantee in constructing, operating,
maintaining, repairing or removing the system, in carrying on
grantee's business or operations in the town or in exercising or fail-
ing to exercise any right or privilege granted by the franchise. This
indemnity shall apply, without limitation, to any action or cause of
action for invasion of privacy, defamation, antitrust, errors and
omissions, theft, fire, violation or infringement of any copyright,
trademark, trade names, service mark or patent, or any other right
of any person, firm or corporation, whether or not any act or omis-
sion complained of is authorized, allowed or prohibited by this chap-
ter or any franchise agreement, but shall not include any claim or
action arising out of the actions or omissions of town officers, em-
ployees or agents or related to any town programming or other PEG
access facilities programming for which the grantee is not legally
responsible.
B. The town shall promptly notify grantee of any claims subject to in-
demnification by grantee and shall cooperate with all reasonable
requests by grantee for information, documents, testimony or other
assistance appropriate to a resolution of the claims. Grantee shall
have full responsibility for and control of any action or undertaking
directed at the resolution of the claims.
Section 9 -8 -24 Insurance
Grantee shall provide insurance as specified in the franchise agree-
ment.
Section 9 -8 -25 Records required and the town's right to inspect
A. Grantee shall at all times maintain:
1. A full and complete set of plans, records and "as- built" maps
showing the location of the cable television system installed or in
use in the town, exclusive of subscriber service drops and
equipment provided in subscribers' homes.
2. If requested by the town, a summary of service calls, identifying
the number, general nature and disposition of the calls, on a
monthly basis. A summary of service calls shall be submitted to
the town within 30 days following its request in a form reasonably
acceptable to the town.
B. Upon 48 hours written notice, and during normal business hours,
grantee shall permit examination by any duly authorized represen-
tative of the town, of all franchise property and facilities, together
with any appurtenant property and facilities of grantee situated
within the town, and all records relating to the franchise, provided
they are necessary to enable the town to carry out its regulatory re-
sponsibilities under local, state and federal law, this chapter and the
franchise agreement. Records include all books, records, maps,
plans, financial statements, service complaint logs, performance
test results, records of request for service, and other like materials
of grantee. Grantee shall have the right to be present at the exami-
nation.
C. If any of the records described in the previous subsection are pro-
prietary in nature or must be kept confidential by state, federal or
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Title 9. Business Regulations
local law, upon proper request by grantee, the information obtained
during the inspection shall be treated as confidential. To the extent
that any state or federal law requires the town to disclose the re-
cords, the town shall be entitled to disclose those records.
D. Copies of all petitions, applications, communications and reports
submitted by grantee, or on behalf of or relating to grantee, to the
FCC, Securities and Exchange Commission, or any other federal or
state regulatory commission or agency having jurisdiction with re-
spect to any matters affecting the cable system authorized pursuant
to this chapter and any franchise shall be made available to the
town upon request. Copies of responses from the regulatory agen-
cies to grantee shall likewise be furnished to the town upon request.
Section 9 -8 -26 Annual reports
A. Grantee shall submit a written end of the year report to the town
with respect to the preceding calendar year containing the following
information
1. A summary of the previous year's (or in the case of the initial re-
porting year, the initial year's) activities in development of the
cable system, including but not limited to, services begun or dis-
continued during the reporting year.
2. A list of grantee's officers, members of its board of directors, and
other principals of grantee.
3. A list of stockholders or other equity investors holding 5% or
more of the voting interest in grantee.
4. Information as to the number of subscribers and the number of
basic and pay service subscribers.
5. The town, including its agents and representatives, shall have the
authority, during normal business hours, to arrange for and con-
duct an inspection of annual reports required pursuant to this
chapter or a franchise agreement. The town shall give the
grantee 72 hours written notice of the inspection request.
6. If the requested information is proprietary in nature or must be
kept confidential by state, federal or local law, upon proper re-
quest by grantee, the information obtained during the inspection
shall be treated as confidential. To the extent that any state or
federal law requires the town to disclose the records, the town
shall be entitled to disclose those records.
B. All reports and records required under this chapter shall be fur-
nished at the sole expense of grantee, except as otherwise pro-
vided in this chapter or the franchise agreement.
Section 9 -8 -27 Franchise violation
If grantee fails to perform in a timely manner any material obligation
required by this chapter or a franchise granted under this chapter, fol-
lowing notice from the town and an opportunity to cure the nonper-
formance, the town may act to remedy the violation in accordance with
the following procedures:
A. The town shall notify grantee of any alleged material violation in
writing by personal delivery or registered or certified mail, and de-
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Title 9. Business Regulations ()
mand correction within a reasonable time, which shall not be less
than ten business days in the case of the failure of the grantee to
pay any sum or other amount due the town under this chapter or
the grantee's franchise and 30 days in all other cases.
B. If grantee fails either to correct the violation within the time pre-
scribed or to commence correction of the violation within the time
prescribed and to diligently pursue correction of the violation, the
town shall then give written notice of not less than 20 business days
of a public hearing to be held before the council. The notice shall
specify the violations alleged to have occurred.
C. At the public hearing, the council shall hear and consider relevant
evidence and thereafter render findings and its decision. If the
council finds that a material violation exists and that grantee has not
corrected it in a satisfactory manner or has not diligently com-
menced correction of it after notice from the town and is not dili-
gently proceeding to fully remedy the violation, the council may re-
voke the franchise or impose another penalty permitted by the fran-
chise agreement.
D. The town shall give written notice to the grantee of its intent to re-
voke the franchise on the basis of a pattern of noncompliance by
the grantee, including one or more instances of substantial non-
compliance with a material provision of the franchise. The notice
shall set forth with specificity the exact nature of the noncompli-
ance. The grantee shall have 60 days from the receipt of the notice
to object in writing and to state its reasons for the objection. If the
town has not received a satisfactory response from the grantee, it
may then seek termination of the franchise at a public hearing. The
town shall cause to be served upon the grantee, at least ten days
prior to the public hearing, a written notice specifying the time and
place of the hearing and stating its intent to request termination of
the franchise.
E. At the hearing, the town shall give the grantee an opportunity to
state its position on the matter, present evidence and question wit-
nesses, after which it shall determine whether or not the franchise
shall be revoked. The public hearing shall be on the record and a
written transcript shall be made available to the grantee within ten
business days. The decision of the town shall be in writing and shall
be delivered to the grantee. The grantee may appeal the determina-
tion to an appropriate court, which shall have the power to review
the decision of the town and to modify or reverse the decision as
justice may require. An appeal to the appropriate court must be
taken within 60 days of the issuance of the determination of the
town.
Section 9 -8 -28 Force majeure: grantee's inability to perform
If grantee's performance of any of the terms, conditions or obligations
required by this chapter or a franchise grant under this chapter is pre-
vented by a cause or event not within grantee's control, the inability to
perform shall be deemed excused and no penalties or sanctions shall
be imposed as a result of it. For the purpose of this section, causes or
events not within the control of grantee shall include without limitation
acts of God, strikes, sabotage, riots or civil disturbances, restraints im-
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Title 9. Business Regulations
posed by order of a governmental agency or court, failure or loss of
utilities, explosion, acts of public enemies, and natural disasters such
as floods, earthquakes, landslides, and fires.
Section 9 -8 -29 Abandonment or removal of franchise property
A. If the use of any property of grantee within the franchise area or a
portion of it is discontinued for a continuous period of 12 months,
grantee shall be deemed to have abandoned that franchise prop-
erty.
B. The town, upon whatever terms the town may impose, may give
grantee permission to abandon, without removing, any system facil-
ity or equipment laid, directly constructed, operated or maintained
under the franchise. Unless permission is granted or unless other-
wise provided in this chapter, the grantee shall remove all aban-
doned above - ground facilities and equipment upon receipt of written
notice from the town and shall restore any affected street to its for-
mer state at the time the facilities and equipment were installed, so
as not to impair its usefulness. In removing its plant, structures and
equipment, grantee shall refill, at its own expense, any excavation
that shall be made by it and shall leave all public ways and places
in as good condition as that prevailing prior to the removal without
materially interfering with any electrical or telephone cable or other
utility wires, poles or attachments. The town shall have the right to
inspect and approve the condition of the public ways, public places,
cables, wires, attachments and poles prior to and after removal.
The liability, indemnity and insurance provisions of this chapter and
any security fund provided in the franchise shall continue in full
force and effect during the period of removal and until full compli-
ance by grantee with the terms and conditions of this section.
C. Upon abandonment of any franchise property in place, the grantee,
if required by the town, shall submit to the town an instrument, sat-
isfactory in form to the town, transferring to the town the ownership
of the franchise property abandoned.
D. At the expiration of the term for which the franchise is granted, or
upon its revocation or earlier expiration, as provided for in this chap-
ter, in any such case without renewal, extension or transfer, the
town shall have the right to require grantee to remove, at its own
expense, all above - ground portions of the cable television system
from all streets and public ways within the town within a reasonable
period of time, which shall not be less than 180 days.
F. Notwithstanding anything to the contrary set forth in this chapter, the
grantee may abandon any underground franchise property in place
so long as it does not materially interfere with the use of the street
or public rights -of -way in which the property is located or with the
use of it by any public utility or other cable grantee.
Section 9 -8 -30 Extended operation and continuity of services
Upon either expiration or revocation of the franchise, the town shall
have discretion to permit and /or require grantee to continue to operate
the cable television system for an extended period of time not to ex-
ceed six months from the date of the expiration or revocation. Grantee
shall continue to operate the system under the terms and conditions of
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Title 9. Business Regulations
this chapter and the franchise and to provide the regular subscriber
service and any and all of the services that may be provided at that
time.
Section 9 -8 -31 Receivership and foreclosure
A. A franchise granted under this chapter shall, at the option of the
town, cease and terminate 120 days after appointment of a receiver
or receivers, or trustee or trustees, to take over and conduct the
business of grantee, whether in a receivership, reorganization,
bankruptcy or other action or proceeding, unless the receivership or
trusteeship shall have been vacated prior to the expiration of that
120 days, or unless:
1. The receivers or trustees shall have, within 120 days after their
election or appointment, fully complied with all the terms and
provisions of this chapter and the franchise granted pursuant
hereto, and the receivership or trustees within that 120 days
shall have remedied all the faults under the franchise or provided
a plan for the remedy of the faults which is satisfactory to the
town; and
2. The receivers or trustees shall, within those 120 days, execute
an agreement duly approved by the court having jurisdiction in
the premises, in which the receivers or trustees assume and
agree to be bound by each and every term, provision and limita-
tion of the franchise granted.
B. In the case of a foreclosure or other judicial sale of the franchise
property, or any material part of it, the town may serve notice of
termination upon grantee and the successful bidder at the sale, in
which event the franchise granted and all rights and privileges of
the grantee under this chapter shall cease and terminate 30 days
after service of the notice, unless:
1. The town shall have approved the transfer of the franchise, as
and in the manner that this chapter provides; and
2. The successful bidder shall have covenanted and agreed with
the town to assume and be bound by all terms and conditions of
the franchise.
Section 9 -8 -32 Rights reserved to the town
A. In addition to any rights specifically reserved to the town by this
chapter, the town reserves to itself every right and power which is
required to be reserved by a provision of any ordinance or under
the franchise.
B. The town shall have the right to waive any provision of the fran-
chise, except those required by federal or state regulation, if the
town determines (1) that it is in the public interest to do so, and
(2) that the enforcement of the provision will impose an undue hard-
ship on the grantee or the subscribers. To be effective, the waiver
shall be evidenced by a statement in writing signed by a duly au-
thorized representative of the town. Waiver of any provision in one
instance shall not be deemed a waiver of that provision subsequent
to that instance or be deemed a waiver of any other provision of the
franchise unless the statement so recites.
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Section 9 -8 -33 Rights of individuals
A. Grantee shall not deny service, deny access, or otherwise discrimi-
nate against subscribers, channel users, or general citizens on the
basis of race, color, religion, national origin, age, disability, gender
or sexual preference. Nor shall grantee fail to extend service to any
part of the town within its licensed service area on the basis of the
income of the residents. Grantee shall comply at all times with all
other applicable federal, state and local laws and regulations, relat-
ing to nondiscrimination.
B. Grantee shall adhere to the applicable equal employment opportu-
nity requirements of federal, state and local regulations.
C. Neither grantee, nor any person, agency, or entity shall, without the
subscriber's consent, tap or arrange for the tapping, of any cable,
line, signal input device, or subscriber outlet or receiver for any pur-
pose except routine maintenance of the system, detection of unau-
thorized service, polling with audience participating, or audience
viewing surveys to support advertising research regarding viewers
where individual viewing behavior cannot be identified.
D. In the conduct of providing its services or in pursuit of any collateral
commercial enterprise resulting from it, grantee shall take reason-
able steps to prevent the invasion of a subscriber's or general citi-
zen's right of privacy or other personal rights through the use of the
system as those rights are delineated or defined by applicable law.
Grantee shall not, without lawful court order or other applicable
valid legal authority, utilize the system's interactive two -way equip-
ment or capability for unauthorized personal surveillance of any
subscriber or general citizen.
E. No cable line, wire amplifier, converter, or other piece of equipment
owned by grantee shall be installed by grantee in the subscriber's
premises, other than in appropriate easements, without first secur-
ing any required consent. If a subscriber requests service, permis-
sion to install upon subscriber's property shall be presumed. Where
a property owner or his predecessor has granted an easement in-
cluding a public utility easement or a servitude to another and the
servitude by its terms contemplates a use such as grantee's in-
tended use, grantee shall not be required to obtain the written per-
mission of the owner for the Installation of cable television equip-
ment.
Section 9 -8 -34 Conflicts
If there is a conflict between any provision of this chapter and a fran-
chise agreement entered pursuant to it, the provisions of this chapter
shall control, except as may be specifically otherwise provided in the
franchise agreement.
Section 9 -8 -35 Severability
If any provision of this chapter is held by any court or by any federal or
state agency of competent jurisdiction to be invalid as conflicting with
any federal or state law, rule or regulation now or hereafter in effect, or
is held by the court or agency to be modified in any way to conform to
the requirements of any law, rule or regulation, the provision shall be
considered a separate, distinct, and independent part of this chapter,
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and the holding shall not affect the validity and enforceability of all
other provisions hereof. If the law, rule or regulation is subsequently
repealed, rescinded, amended or otherwise changed, so that the pro-
vision hereof which had been held invalid or modified is no longer in
conflict with the law, rule or regulation, that provision shall return to full
force and effect and shall thereafter be binding on the town and
grantee, provided that the town shall give grantee 30 days written no-
tice of the change before requiring compliance with the provision or
such longer period of time as may be reasonably required for grantee
to comply with the provision.
Chapter 9-9 PENALTY Chapter 9 -9 was added by Ordinance
Section 9 -9 -1 Penalties generally, miscellaneous provisions No. 2000.06
A. Each day that a violation continues shall be considered a separate
offense.
B. A person may be found guilty of violating section 9 -5 -6 regardless of
the person's knowledge of the violation.
Section 9 -9 -2 Civil violation
Except as provided elsewhere in this chapter, any violation of this title
shall be a civil infraction and punishable by a fine of not less than
$250.
Section 9 -9 -3 Criminal violation
A. The failure of any person firm corporation or other entity to comply
with the provisions of section 9- 1 -3(B) and to pay any and all fees
when due shall be a class 1 misdemeanor which shall be assessed
against the owner or operator of a firm or corporation if a firm or
corporation is in violation of that subsection.
B. Any person violating a provision of chapter 9 -4 or chapter 9 -5 is
guilty of a class 1 misdemeanor.
C. A person who knowingly conducts, maintains, owns, manages
and /or operates any qualified establishment as defined in chap-
ter 9 -5 where any person is in violation of any provision of chap-
ter 9 -5 is guilty of a class 1 misdemeanor.
Chapter 9 -10 SURFACE MINING AND LAND RECLAMATION Chapter 9 -10 was added by Ordinance
Section 9 -10 -1 Purpose and intent No. 2002.08
It is the purpose and intent of this chapter to establish an effective and
comprehensive surface mining and reclamation policy including regula-
tion of surface mining operations so as to assure that:
A. Adverse environmental effects are prevented or minimized and that
mined lands are reclaimed in a timely manner, to a usable condition
which is readily adapted for alternative land use.
B. The production and conservation of minerals are encouraged, while
giving consideration to values relating to recreation, watershed,
wildlife, range and forage, and aesthetic enjoyment.
C. Residual hazards to public health and safety are eliminated.
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Section 9 -10 -2 Definitions
For the purposes of this chapter the following definitions shall apply:
A. "Financial assurance amount" means that amount of money neces-
sary to conduct a complete reclamation on the mined lands in ac-
cordance with the approved reclamation plan, plus a reasonable es-
timate of the administrative costs and expenses which would be in-
curred by the town.
B. "Financial assurance" means a bond, instrument, fund or other form
of financial assurance acceptable to the town.
C. "Government mine" means any surface mine owned and operated
by federal, state or local governmental entity.
D. "Idle" means to curtail for a period of one year or more surface min-
ing operations by more than 90% of the operation's previous maxi-
mum annual mineral production, with the intent to resume those
surface mining operations at a future date.
E. "Interim management plan" is the plan which the operator of an idle
mine shall submit and gain approval for, to assure that the site shall
be maintained in compliance with the approved reclamation plan,
use permit, and applicable conditions, until the mine operation is re-
sumed or the mine is fully reclaimed in accordance with the ap-
proved reclamation plan.
F. "Mined lands" includes the surface, subsurface, and groundwater of
an area in which surface mining operations will be, are being, or
have been conducted, including private ways and roads appurte-
nant to any such area, land excavations, workings, mining waste,
and areas in which structures, facilities, equipment, machines,
tools, or other materials or property which result from, or are used
in, surface mining operations are located.
G. "Minerals" means any naturally occurring compound, or groups of
elements and compounds, formed from inorganic processes and
organic substances, including, but not limited to sand, gravel and
rock.
H. "Mining waste" includes the residual of soil, rock, mineral, liquid,
vegetation, equipment, machines, tools, or other materials or prop-
erty directly resulting from, or displaced by, surface mining opera-
tions, excluding stockpiles as defined in this section.
I. "Operator" means any person who is engaged in surface mining op-
erations himself, or who contracts with others to conduct operations
on his behalf, except a person who is engaged in surface mining
operations as an employee with wages as his sole compensation.
J. "Overburden" means soil, rock, or other materials that lie above a
natural mineral deposit or in between deposits, before or after their
removal by surface mining operations.
K. "Pledge of revenue" means a financial assurance mechanism by
which a governmental entity proposes to make specific, identified
future revenue available to perform reclamation pursuant to the ap-
proved reclamation plan.
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Ordinance No. 2005.22 deleted a redundant
definition of "person" (see section 1 -3 -2)
4/30/09
Title 9. Business Regulations
L. "Reclamation" means the combined process of land treatment that
minimizes water degradation, air pollution, damage to aquatic or
wildlife habitat, flooding, erosion, or other adverse effects from min-
ing operations, including adverse surface effects incidental to un-
derground mines, so that mined lands are reclaimed to a usable
condition which is readily adaptable for alternate land use and cre-
ates no danger to public health or safety. The process may extend
to affected lands surrounding mined lands, and may require backfill-
ing, grading, resoiling, revegetation, soil compaction, stabilization,
restoration of water bodies, and slope stability or other measures.
M. "Reclamation plan" means the plan required by the town pursuant
to this chapter and adopted in accordance therewith and should in-
clude beginning and estimated ending dates for each phase, all rec-
lamation activities required, criteria for measuring completion of ac-
tivities and estimated costs for each phase of reclamation.
N. "Sand and gravel operation" means any operation the principal
product of which is sand, gravel, pumice or any other common vari-
ety of mineral.
O. "Stockpile" means a volume of stored mined material which is re-
sidual or secondary material extracted during a surface mining op-
eration and which has a demonstrated future economic value suffi-
cient to warrant its protection and preservation.
P. "Surface mining operations" means all, or part of, the process in-
volved in the mining of minerals on mined lands by removing over-
burden and mining directly from the mineral deposits, open -pit min-
ing of minerals naturally exposed, mining by auger methods, dredg-
ing, and quarrying. Surface mining operations include, but are not
limited to:
1. In place distillation, retorting or leaching.
2. The producing and disposal of mining wastes.
3. Prospecting and exploratory activities.
4. Borrow pitting, streambed skimming, segregation and stockpiling
of mined materials (and recovery of same).
Section 9 -10 -3 Scope
A. The provisions of this chapter shall apply to all the incorporated ar-
eas of the town.
B. The provisions of this chapter are not applicable to:
1. Excavation or grading for farming, onsite construction, or restora-
tion of land following a flood or natural disaster or other activities
separately regulated by town ordinances.
2. Reclamation of lands mined prior to February 5, 2002, unless
subject to approved development agreements and zoning condi-
tions enacted or agreed to after February 5, 2002.
3. Surface mining operations that are required by federal law to pro-
tect a mining claim, if those operations are conducted solely for
that purpose.
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4. Prospecting for, or the extraction of, minerals for commercial pur-
pose and the removal of overburden in total amounts of less than
one thousand cubic yards in any one location of one acre or less.
Section 9 -10 -4 Reclamation plan requirements
A. Any person who proposes to engage in a surface mining activity
shall, prior to the commencement of the operations, obtain approval
of a permit to mine, submit a reclamation plan, and have financial
assurances in place sufficient to implement the approved plan. Ap-
proval to mine and approval of the reclamation plan, in accordance
with the provisions set forth in this chapter, shall be obtained from
the Marana development services director.
B. The reclamation plan shall be applicable to a specific piece of prop-
erty or properties, shall be based upon the character of the sur-
rounding area and such characteristics of the property as type of
overburden, soil stability, topography, geology, climate, stream
characteristics, and principal mineral commodities, and shall estab-
lish site - specific criteria for evaluating compliance with the approved
reclamation plan, including topography, revegetation, sediment and
erosion control, and current and proposed zoning. The reclamation
plan shall include a certification by the operator that all public agen-
cies having possible jurisdiction over the surface mining activity, in-
cluding but not limited to county, state and federal agencies, have
reviewed and approved the plan, and that all necessary permits
have been obtained.
C. Reclamation plans issued pursuant to this chapter shall be recorded
with the county recorder and shall run with the land affected thereby
and shall be binding on all successors, heirs, and assigns of the
permittee.
D. Applicants having a surface mining operation that involves sepa-
rate, noncontiguous parcels of land may file one reclamation plan
for the entire operation covering each parcel of land, provided that
the type of operation is the same on each parcel of land and each
parcel of land is identified in the reclamation plan. A separate phas-
ing schedule shall be required for each parcel.
Section 9 -10 -5 Application
All applications for a reclamation plan for any mining operation shall be
made on forms provided by town development services department.
The application shall be filed in accordance with this chapter and pro-
cedures established by the town.
Section 9 -10 -6 Fees
A. The fees for a reclamation plan, amendment to reclamation plan,
and interim management plan shall be as the same as those set
forth in the town fee schedule for development plans, and shall be
paid to the development services department at the time of filing of
the reclamation plan amendment to reclamation plan, or interim
management plan.
B. A business license fee shall be paid the town for inspections and
monitoring of a surface mine as set forth in section 9 -1 -3 of the Ma-
rana town code.
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Section 9 -10 -7 Financial assurances
A. To ensure that reclamation will proceed in accordance with the ap-
proved reclamation plan, the town shall require as a condition of
approval financial assurances.
B. Financial assurances may take the form of surety bonds, irrevoca-
ble letters of credit, trust funds or other mechanisms acceptable to
the town.
C. Public Agencies may satisfy financial assurance requirements by
using "Pledges of Revenue" or "Budget Set Aside" as acceptable fi-
nancial assurances mechanisms.
D. The financial assurances shall remain in effect for the duration of
the surface mining operation and any additional period until recla-
mation is completed.
E. The amount of the financial assurances shall be calculated by the
applicant based on the projected expense to complete the reclama- Ordinance No. 2005.22 inserted "town engi-
tion for the intended future use as approved b the t Weer" for "development services director" in
pp rove y own engineer. paragraph E
Approval of the amount of financial assurances will be subject to the
review and approval of the town engineer.
F. The amount of financial assurances required of a surface mining
operation for any one year shall be adjusted annually to account for
new lands disturbed by surface mining operations, inflation, and
reclamation of lands accomplished in accordance with the approved
reclamation plan.
G. The financial assurances shall be made payable to the town. How-
ever, if a surface mining operation has received approval of its fi-
nancial assurances from a public agency other than the town, the
town shall review those financial assurances to ascertain whether
they are adequate for purposes of this section, or shall credit them
toward fulfillment of the financial assurances required by this sec-
tion, if they are made payable to the town.
H. If a sand and gravel surface mining operation is sold or ownership is
transferred to another person, the existing financial assurances
shall remain in force and shall not be released by the town until new
financial assurances are secured from the new owner and have
been approved by the town.
I. The release of financial assurances shall be with the concurrence of
all agencies named on the financial assurance. The criteria for re-
lease of financial assurances, or part of the financial assurances,
shall be made part of the reclamation plan. In no case shall the fi-
nancial assurance be released until reclamation has been com-
pleted.
J. The amount of financial assurances shall be reviewed and adjusted,
if required, pursuant to section 9- 10 -10.
Section 9 -10 -8 Public records
Reclamation plans, reports, applications and other documents submit-
ted pursuant to this chapter are public records unless it can be demon-
strated to the satisfaction of the town that the release of the informa-
tion, or any part of it, would reveal production, reserves, or rate of de-
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Title 9. Business Regulations ()
pletion entitled to protection as proprietary information and is not re-
quired by law. The town shall identify the proprietary information as a
separate part of each application. Proprietary Information shall be
made available to persons other than the mine operator or mine owner
only when authorized by law or by the mine operator and by the mine
owner.
Section 9 -10 -9 Procedures
Once all required and approved documents and other related materials
Ordinance No. 2005.22 inserted "town engi-
"development
and requirements are submitted and approved as required under this
neer" for
services director" in section 9 -10 -9
chapter, including the submittal of the financial assurances in the
amount approved by the town engineer, the town engineer shall expe-
ditiously issue approval to commence operation of the approved sur-
face mining operation and reclamation plan.
Section 9 -10 -10 Periodic review and inspections
A. The town shall monitor and inspect each surface mining operation
on a regular basis.
B. The required financial assurances shall be reviewed annually by the
town. Financial assurances shall be adjusted to account for new
lands disturbed by surface mining operations, inflation, reclamation
of lands accomplished in accordance with the approved reclamation
plan, or other factors related to the cost of reclamation which have
changed since the previous review.
C. At the time of the annual inspection, the mine operator shall make
available to the town an updated reclamation cost estimate pre-
pared by the operator.
D. The person in charge of the surface mining operation shall make
the surface mining operation open and available for monitoring and
inspection during regular town and operator business hours or at
such other times as may be mutually agreed upon by him or her
and the development services department. The provisions of this
subsection shall be deemed to be a condition of the reclamation
plan.
E. The development services department shall make a report of the
"town
results of the inspection. This report shall be filed with the town en-
Ordinance No. 2005.22 inserted en i-
g
neer" for "development services director" in
gineer.
paragraph E
Section 9 -10 -11 Idle mine — interim management plans
Within 90 days of a surface mining operation becoming idle, the opera-
Ordinance No. 2005.22 inserted "town engi-
tor shall submit an interim management plan. The interim management
neer" for "development services director" in
plan shall be developed in accordance with this chapter. Interim man-
section 9 -10 -11
agement plans shall be sent to the town engineer for review in the
same manner as amendments to reclamation plans. Financial assur-
ances as required shall remain in effect during the period that the sur-
face mining operation is idle.
Section 9 -10 -12 Amendments to plan
Amendments to an approved reclamation plan may be submitted de-
tailing proposed changes from the original plan. Substantial deviations
from the original plan shall not be undertaken until the amendment has
been filed and approved, in the same manner as established in this
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Title 9. Business Regulations ()
chapter for original application. The foregoing notwithstanding, in
emergency situations where irreversible physical damage to the envi-
ronment may occur, an operator may take whatever action is neces-
sary to prevent irreversible physical damage and shall promptly report
the taking of the action to the development services department. Appli-
cations for an amendment are subject to the fee in accordance with
section 9 -10 -6.
Section 9 -10 -13 Enforcement
A. Where it appears to the development services department that a
surface mining operation is in violation of any condition of an ap-
proved reclamation plan or applicable statute, regulation, or ordi-
nance, the development services department shall serve formal no-
tice to the operator stating the nature of the violation and the speci-
fied time frame to correct the violation before an order is issued.
B. The time within which the permittee must commence correction of
the violation shall be sooner than 60 days from the notice of viola-
tion.
C. An order shall be issued if the operator fails to comply with the no-
tice within the specified time limit. Not sooner than 30 days after the
Ordinance No. 2005.22 inserted "town engi-
Weer" for "development services director" in
date of the order, a hearing hall be held b the town e or
g y g
paragraph C
his or her designee, for which at least ten days' written notice has
been given to the operator. The order shall not take effect until the
operator has been provided the hearing. The date of issuance of
the order is the date of receipt by the operator.
D. Failure to comply with the order shall be subject to an order setting
administrative penalties. Penalties shall be assessed from date of
original non - compliance.
E. In determining the amount of administrative penalty, the town shall
take into consideration the nature, circumstances, extent, and grav-
ity of the violation or violations, any prior history of violations, the
degree of culpability, economic savings, if any, resulting from the
violation, and any other matters justice may require.
F. Orders setting administrative penalties shall become effective upon
issuance and payment shall be made to the development services
department, unless the operator files an appeal with the town man-
ager within 30 days. The town manager shall notify the operator by
personal service or certified mail whether it will review the order set-
ting administrative penalties. If after hearing, the town manager af-
firms the order, the operator shall pay the administrative penalties
set by the town manager's order within 30 days of the service of
that order.
G. The provisions of this chapter shall be enforced by the town engi-
Ordinance No. 2005.22 inserted "town engi-
manager, town manager, or a designated
neer, the assistant town mans g g g
neer" for "development services director" in
appointee.
paragraph G
H. Notwithstanding the foregoing, a violation of this chapter may be
enforced by the town by the use of any legal or equitable remedy
the town may have.
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Title 9. Business Regulations .
Section 9 -10 -14 Application fees
No application shall be accepted unless it is in full compliance with all
requirements of this chapter, and accompanied by the fee specified in
section 9 -10 -6. No part of any required fee shall be returnable, and
every such fee shall be deposited with the town.
Chapter 9 -11 SALE OF PRODUCTS CONTAINING Chapter 9 -11 was added by Ordinance
PSEUDOEPHEDRINE No. 2006.01, effective 2117106
Section 9 -11 -1 Definitions
A. In this chapter:
1. " Pseudoephedrine product" means any product containing
ephedrine or pseudoephedrine and includes any compound, mix-
ture or preparation that contains any detectable quantity of
ephedrine, pseudoephedrine, norpseudoephedrine, or phenyl -
propanolamine or their salts, optical isomers or salts of optical
isomers. Product packaging that lists ephedrine, pseudoephed-
rine, norpseudoephedrine, or phenylpropanolamine as an active
ingredient shall constitute prima facie evidence that the product
is a pseudoephedrine product.
2. "Retail establishment" means any place of business that offers
any pseudoephedrine product for sale at retail.
Section 9 -11 -2 Restrictions
A. The operator of a retail establishment shall keep all products con-
taining pseudoephedrine behind a store counter or otherwise in a
manner that is inaccessible to customers without the assistance of
the operator or an employee of the establishment.
B. The retail establishment employee making a retail sale of a product
containing pseudoephedrine shall require a government- issued
photo identification from the purchaser and shall record the pur-
chaser's name and date of birth, the quantity of pseudoephedrine
product purchased, the transaction date and the initials of the retail
establishment employee making the sale.
C. The information required to be obtained by paragraph B of this sec-
tion shall be retained by the retail establishment for a period of
90 days, and will be considered a confidential document that will
only be available to the operator of the retail establishment and to
law enforcement agency officers and officials.
Section 9 -11 -3 Penalty
A violation of this chapter is a class 1 misdemeanor.
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Title 10
Health and Sanitation
CHAPTER 10 -1
CHAPTER 10 -2
CHAPTER 10 -3
CHAPTER 10 -4
CHAPTER 10 -5
CHAPTER 10 -6
CHAPTER 10 -7
DUMPING & TRANSPORTATION OF GARBAGE OR AGGREGATE ...............1
REMOVAL OF LITTER .......................................................... ............................... 3
SEWAGESLUDGE ................................................................. ..............................5
TRAVEL REDUCTION CODE ................................................. ..............................6
FIREWORKS PERMITS ......................................................... .............................12
SPECIAL EVENTS PERMIT .................................................. .............................13
PENALTIES ............................................................................ .............................18
{00001471. DOC / 21}
Title 10. Health and Sanitation D
TITLE 10. HEALTH AND SANITATION
Title 10 was adopted by Ordinance No. 96.15
Chapter 10 -1 DUMPING & TRANSPORTATION OF GARBAGE OR
AGGREGATE
Section 10 -1 -1 Definitions
Section 10 -1 -1 was adopted by Ordinance
A. "Aggregate material" means any rock fragments, pebbles, sand,
No. 2002.06. See Ordinance No. 96.15 for prior text.
gravel, cobbles, crushed base, asphalt, dirt or similar material.
B. "Closed container" means a container designed for transporting
loose material such as garbage, refuse or aggregate material, with
sides, top and bottom made of solid and durable material, such as
metal or plastic, which will resist normal wear and tear, and without
any holes, cracks or openings through which materials may escape,
regardless of the degree to which the container is filled.
C. "Enclosed cargo area" means a part of a vehicle designed for carry-
ing objects or materials, with all of the following characteristics:
1. Bottom and vertical sides made of solid and durable material,
such as metal or plastic, which will resist normal wear and tear,
and without any holes, cracks or openings through which materi-
als may escape, regardless of the degree to which the cargo
area is filled;
2. A tailgate or equivalent device;
3. Seals on any opening used to empty a load from the cargo area,
including bottom dump gates and tailgates, sufficient to prevent
material from escaping; and
4. A cover, tarpaulin or other device which prevents the load from
Paragraph 4 was adopted by Ordinance
becoming loose, detached or in any manner a hazard to other
No. 2002.30. See Ordinance No. 2002.06 for
users of the roadway, public thoroughfare or right -of -way.
prior text.
"Enclosed cargo area" shall not include any part of a vehicle's cab
or passenger compartment, nor shall it include frame rails, fenders
or decks of low beds or flat beds.
D. "Garbage or refuse" means any rubbish, trash, weeds, filth or debris
which constitutes a hazard to public health and safety. "Garbage or
refuse" includes, but is not limited to, all putrescible and nonpu-
trescible solid wastes including garbage, trash, ashes, street clean-
ings, dead animals, abandoned automobiles and solid market and
industrial waste, any clippings of brush, grass, or weeds, and any
debris, rubbish or other unsightly or unsanitary matter of any kind
whatsoever.
Section 10 -1 -2 Transportation of garbage or aggregate material
section 10 -1 -2 was adopted by Ordinance
A. It shall be illegal to transport garbage, refuse, aggregate or like ma-
No. 2002.06
terial within the town limits in an open vehicle unless the material is
in a closed container or in an enclosed cargo area.
B. Vehicles transporting the following materials are not required to be
equipped with a cover or tarpaulin:
1. Loads composed solely of asphalt.
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Title 10. Health and Sanitation e
2. Loads composed solely of petroleum coke, if loaded with a
chemical surfactant (surface active agent) designed to prevent
blowing, spilling or escaping.
3. Aggregate materials loaded so that no portion of the load con-
tacts the sides of the cargo area closer than six inches from the
top of the sides and no portion of the load crowns or peaks
above the top of the sides of the cargo area.
4. Equipment employed in agricultural or husbandry activities.
Paragraph 4 was added by Ordinance
C.
No vehicle shall be driven or moved on any roadway within the town
No. 2002.30
limits unless the vehicle is so constructed or loaded as to prevent
any of its load from dropping, shifting, leaking, or otherwise escap-
ing from it, except that sand may be dropped for the purpose of se-
curing traction, or water or other substances may be sprinkled on a
roadway in cleaning or maintaining the roadway.
D.
Vehicles transporting aggregate material within the town limits shall
be equipped with the following equipment:
Paragraph D was amended by Ordinance
No. 2002.30
1. Splash flaps shall be maintained behind every tire or set of tires.
2. Fenders on commercial trailers shall not be removed or disabled.
E.
Vehicles transporting garbage, refuse or aggregate material within
the town limits and equipped with a bottom dump gate shall be
equipped with the following equipment:
1. Shed boards designed to prevent material deposit on the vehicle
body during top loading.
2. A center flap behind the bottom dump gate, which may be lo-
cated either directly behind the gate, or to the rear of the rear
axle and in line with the splash flaps. The outside edge of the
center flap shall not extend more than one inch from the sidewall
of the adjacent tire. The center flap shall be a minimum of 24
inches in height and shall be within 5 inches of the roadway sur-
face.
F.
Vehicles with cargo areas comprised of full rigid enclosures are ex-
empt from the requirements of subsection E of this section.
Section 10 -1 -3 Illegal dumping
The original source of section 10 -1 -3 is unclear.
A.
A person who dumps, deposits, places, throws or leaves refuse,
It was readopted as part of the reformatted
town code by Ordnance No. 2005.22.
rubbish, debris, filthy or odoriferous objects, substances or other
trash on any town road, public thoroughfare, public airport, the right -
of -way to a town road, public thoroughfare or public airport within
20 yards of a town road, public thoroughfare or public airport is
guilty of a class 3 misdemeanor.
B.
The governing body of the town shall cause signs to be erected at
suitable intervals on roadways, public thoroughfares, public airports,
and rights -of -way within the town limits, including public parks, in-
forming the public that it is unlawful to commit the acts prohibited by
this section.
C.
No person shall throw or deposit litter on any public place or private
premises within the town, whether owned by that person or not, ex-
cept that the owner or person in control of private premises may
maintain authorized private receptacles for refuse so that litter will
4130109
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Title 10. Health and Sanitation e
be prevented from being carried or deposited by the elements upon
any public place.
D. Any person violating the provisions of this section shall be liable for
any costs assessed for removal of the litter.
E. Authority to enforce this section is given to the law enforcement
agency that holds jurisdiction over the areas within the town. If a
class 3 misdemeanor is committed as provided in this section from
a motor vehicle or aircraft, the presumed offender is the driver of
the vehicle or pilot of the aircraft.
F. The town manager shall enforce the provisions of section 10 -1 -3 by
prosecuting violators in the Marana municipal court pursuant to the
provisions of this code. If prosecution fails to secure compliance
with the provisions of those sections, or if the town is unable to
prosecute violators by reason of failure to secure jurisdiction over
their persons, the manager shall compel the removal of litter by the
procedure outlined in chapter 10 -2 of the town code.
Chapter 10 -2 REMOVAL OF LITTER
Section 10 -2 -1 Definitions
A. In this chapter, unless the context otherwise requires:
1. "Litter" means any rubbish, trash, weeds, filth or debris which
constitute a hazard to public health and safety and shall include
all putrescible and nonputrescible solid wastes including gar-
bage, trash, ashes, street cleanings, dead animals, abandoned
automobiles and solid market and industrial waste, any deposit,
accumulation, pile or heap of brush, grass, debris, weeds, cans,
cloth, paper, wood, rubbish or other unsightly or unsanitary mat-
ter of any kind whatsoever, and any growth of weeds, brush,
grass or other vegetable growth to a height of over six inches.
2. "Private premises" means any dwelling, house, building or other
structure, including those designed or used either wholly or in
part for private residential purposes, whether inhabited or tempo-
rarily or continuously uninhabited or vacant, and shall include
any yard, grounds, walk, driveway, porch, steps or vestibules be-
longing or appurtenant to the dwelling, house, building or other
structure.
3. "Public place" means any and all streets, sidewalks, boulevards,
alleys or other public ways, and any and all public parks,
squares, spaces, grounds and buildings.
Section 10 -2 -2 Litter on private premises or public place
No person shall dump, throw or deposit litter on any public place or
private premises within the town, whether owned by the person or not,
except that the owner or person in control of private premises may
maintain authorized private receptacles for refuse so that litter will be
prevented from being carried or deposited by the elements upon any
public place. Any person violating the provisions of this section shall be
liable for any costs assessed for removal of the litter.
MARANA TOWN CODE
{00001471.DOC121)
10 -3
Ordinance No. 98.14 added the word "dump"
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Title 10. Health and Sanitation e
Section 10 -2 -3 Owner to maintain premises
The owner or person in control of any private premises shall at all
times maintain the premises free of litter, provided that this section
shall not prohibit the storage of refuse in suitable containers.
Section 10 -2 -4 Procedure to compel removal of litter
The town manager shall enforce the provisions of sections 10 -2 -2 and The Town Attorney made a scrivener's error
correction to section 10 2 4 on September 19,
10 -2 -3 by prosecuting violators in the Marana municipal court pursuant 2008, deleting a wayward reference to sec -
to the provisions of this code. If prosecution fails to secure compliance tion 10 -4 -2.
with the provisions of those sections, or if the town is unable to prose-
cute violators by reason of failure to secure jurisdiction over their per-
sons, the manager shall compel the removal of litter by the procedure
outlined in sections 10 -2 -5 through 10 -2 -9.
Section 10 -2 -5 Notice to remove
To compel the removal of litter through the provisions of this chapter, if
a person owning or controlling any private premises fails, neglects or
refuses to remove or properly dispose of litter located on private prem-
ises owned or controlled by that person, he or she shall be given writ-
ten notice by the manager to remove all litter from those private prem-
ises within thirty days from the date set on the notice for compliance.
The notice shall be given not less than thirty days before the date set
on the notice for compliance and shall contain an estimate of the cost
of removal by the town, a statement that unless the person owning or
controlling the private premises complies with the notice within thirty
days from the date of compliance on the written notice, that the town
will, at the expense of the person owning or controlling those private
premises, perform the necessary work at a cost not to exceed the es-
timate given in the notice, and that the person may appeal in writing to
the council within thirty days from the date of compliance on the notice.
Section 10 -2 -6 Service of notice
The notice to remove set forth in section 10 -2 -5 shall be personally
served on the owner or person controlling the private premises, by any
duly authorized official of the town in the manner provided in Rule 4(d)
of the Arizona Rules of Civil Procedure, or mailed to the owner or per-
son controlling the private premises at his or her last known address
by certified or registered mail, or the address to which the tax bill for
the property was last mailed. If the owner does not reside on the prop-
erty, a duplicate notice shall also be sent by certified or registered mail
at his or her last known address.
Section 10 -2 -7 Appeal to council
Prior to the date set for compliance on the notice to remove, the owner
or person controlling the premises may appeal in writing to the council
from the demand of the manager. The council shall, within thirty days
after receiving the appeal, hear and determine the same and the deci-
sion of the council shall be final. The council may either affirm or re-
verse the decision of the manager or modify the scope of the work as
required in the notice. No action shall be taken by the town, until the
council has heard and determined all matters contained in the notice of
appeal.
MARANA TOWN CODE 10 -4 4130109
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Title 10. Health and Sanitation e
Section 10 -2 -8 Removal by town
When any person to whom a notice to remove has been given, and on
or before the date of compliance on the notice or within such further
time as may have been granted by the council on appeal, fails, ne-
glects or refuses to move from the private premises any or all litter, the
manager is authorized and directed to cause same to be removed and
disposed of at the expense of the owner or person controlling the pri-
vate premises. Upon completion of the work, the manager shall pre-
pare a verified statement of account of the actual cost of the removal
or abatement, the date the work was completed, and the street ad-
dress and the legal description of the property on which the work was
done, including 5% for additional inspection and other incidental costs
in connection therewith, and shall serve a duplicate copy of the verified
statement upon the person owning or controlling the property in the
manner prescribed in section 10 -2 -6. The owner or person controlling
the private premises shall have thirty days from the date of service
upon him or her to appeal in writing to the council from the amount of
the assessment as contained in the verified statement. If an appeal is
not filed with the town clerk within the thirty day period, then the
amount of the assessment as determined by the manager shall be-
come final and binding. If an appeal is taken, the council shall, at its
next regular meeting, hear and determine the appeal and may affirm or
modify the amount of the assessment or determine that no assess-
ment at all shall be made. The decision of the council shall be final and
binding on all persons.
Section 10 -2 -9 Lien for removal
If no appeal is taken from the amount of the assessment, or if an ap-
peal is taken and the council has affirmed or modified the amount of
the assessment, the original assessment or the assessment as so
modified shall be recorded in the office of the county recorder and,
from the date of its recording, shall be a lien on the lot or tract of land
until paid. Such liens shall be subject to and inferior to the lien for gen-
eral taxes and to all prior recorded mortgages and encumbrances of
record. A sale of the property to satisfy a lien obtained under the provi-
sions of this section shall be made upon judgment of foreclosure or
order of sale. The town shall have the right to bring an action to en-
force the lien in the superior court at any time after the recording of the
assessment, but failure to enforce the lien by such action shall not af-
fect its validity. The recorded assessment shall be prima facie evi-
dence of the truth of all matters recited in it and of the regularity of all
proceedings prior to its recording. A prior assessment for the purposes
provided in this chapter shall not be a bar to subsequent assessments
for those purposes, and any number of liens on the same lot or tract of
land may be enforced in the same action.
Chapter 10 -3 SEWAGE SLUDGE
Section 10 -3 -1 Residential areas
The use of land within the town that is within one quarter mile of a hu-
man residence that is also within the town for the application of or in-
jection of sewage sludge to the surface or within eight inches of the
surface shall be prohibited, except where the residence is owned by
the owner of the land where sludge is to be applied or injected or
MARANA TOWN CODE 10 -5
{00001471.DOC121)
See Ordinance Nos. 83.04 and 85.06 for prior
history of sewage sludge regulations
4/30/09
Title 10. Health and Sanitation
where a written waiver has been obtained from the resident or owner
of the residence and where the waiver has been filed with the town
clerk.
Section 10 -3 -2 Flood plain areas
The use of land within the designated flood plain of the Santa Cruz
River as defined by the town zoning ordinance or development code
for the application of or injection of sewage sludge within eight inches
of the surface shall be prohibited.
Section 10 -3 -3 Other areas
The use of any other land within the town for the application of or injec-
tion of sewage sludge to the surface or within eight inches of the sur-
face shall be in accordance with standards and regulations of the
United States Environmental Protection Agency, the Arizona Depart-
ment of Health Services and the Pima County Health Department for
the protection of those who may work on the land and for those who
may use the land at a later time for purposes other than the growing of
crops or other agricultural purposes, including residential, commercial,
industrial and public land uses.
Section 10 -3 -4 Reporting requirements
Any use of land within the town for the application or injection of sew-
age sludge shall be reported to the town clerk upon the initiation of that
land use at each site approved by the Arizona Department of Health
Services, in accordance with the regulations of the state and the Pima
County Department of Wastewater Management.
Section 10 -3 -5 Enforcement
Enforcement of this chapter shall be the responsibility of the town
planning and zoning administrator, but other law enforcement officers
of the town may be called upon to enforce its provisions from time to
time.
Chapter 10 -4 TRAVEL REDUCTION CODE
Section 10 -4 -1 Purpose
The purpose of this chapter, recognizing that motor vehicles are the
single greatest contributor to air pollution, is to improve air quality and
reduce traffic congestion within the incorporated and unincorporated
areas of Pima County by increasing alternate mode usage and reduc-
ing overall motor vehicle travel for commute trips. This chapter shall
establish a basis for a cooperative effort of the local jurisdictions to
achieve a uniform program for reduction of work related trips by em-
ployees working for major employers subject to this regulation.
Section 10 -4 -2 Definitions
A. The following definitions shall apply unless the context clearly indi-
cates otherwise.
MARANA TOWN CODE 10 -6
{00001471.DOC121)
See Ordinance No. 88.06 for prior history of
travel reduction regulations
4/30/09
1. "Airshed" means that area delineated with a
black "planning area" line on the map enti-
tled "Eastern Pima County Tucson Air Plan-
ning Area" reproduced on this page..
2. "Alternate mode" means any mode of
commuter transportation other than the
single occupancy motor vehicle.
3. "Approvable travel reduction plan" means a
plan submitted by a major employer that
meets the requirements as set forth in sec-
tion 10 -4 -5.
4. "Carpool" or "vanpool" means two or more
persons traveling in a light duty vehicle
(car, truck or van) to or from work.
5. "Commuter trip" means a trip taken by an
employee to or from work within the air -
shed.
Title 10. Health and Sanitation e
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6. "Commuter matching service" means any
system, whether it uses computer or
manual methods, which assists in matching employees for the
purpose of sharing rides to reduce drive alone travel.
7. "Employer" means a sole proprietor, partnership, cooperation,
unincorporated association, cooperative, joint venture, agency,
department, district or other individual or entity, either public or
private, that employs workers. See also "major employer" and
"voluntary employer ".
8. "Full time equivalent (FTE) employees" means the number of
employees an employer would have if the employer's work
needs were satisfied by employees working forty hour work
weeks. The number of full time equivalent employees for any
employer is calculated by dividing the total number of annual
work hours paid by the employer, by 2080 work hours in a year.
9. "Local jurisdictions" includes Pima County, city of Tucson, town
of Marana, town of Oro Valley, town of Sahuarita and city of
South Tucson.
10. "Major employer" means an employer who employs one hun-
dred or more full time equivalent employees at a work site during
a twenty -four hour period for at least 6 months during the year.
11. "Mode" means the type of conveyance used in transportation
including single occupancy motor vehicle, rideshare vehicle (car-
pool or vanpool), transit, bicycle, and walking.
12. "Motor vehicle" means any vehicle propelled by a motor; includ-
ing car, van, bus, motorcycle, and all other motorized vehicles.
13. "Public agency" means any political subdivision of this state and
any board, commission or agency of it.
14. "Public interest group" means any nonprofit group whose pur-
pose is to further the welfare of the community.
MARANA TOWN CODE 10 -7
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{00001471.DOC121)
Title 10. Health and Sanitation
15. "Regional program" means the combination of all implemented
plans within the airshed combination.
16. "Ridesharing" means transportation of more than one person for
commute purposes, in a motor vehicle, with or without the assis-
tance of a commuter matching service.
17. "Transit" means a bus or other public conveyance system.
18. "Transportation coordinator" means a person designated by an
employer, property manager, or transportation management as-
sociation as the lead person in developing and implementing a
travel reduction plan.
19. "Transportation management association" (TMA) means a
group of employers or associations formally organized to seek
solutions for transportation problems experienced by the group.
20. "Travel reduction plan" means a written report outlining travel
reduction measures which will be submitted annually by each
major employer.
21. "Travel reduction program" means a program, implementing a
travel reduction plan by an employer, designed to achieve a pre-
determined level of travel reduction though various incentives
and disincentives.
22. "Travel reduction program regional task force" means that task
force established pursuant to the intergovernmental agreement
to be entered into by the local jurisdictions.
23. "Vanpool" see "carpool ".
24. "Vehicle occupancy" means the number of occupants in a motor
vehicle including the driver.
25. "Vehicle miles traveled" (VMT) means the number of miles trav-
eled by a motor vehicle for commute trips.
26. "Work site" means a building or any grouping of buildings lo-
cated within the town which are on physically contiguous parcels
of land or on parcels separated solely by private or public road-
ways or rights -of -way, and which are owned or operated by the
same employer.
B. As utilized in this chapter, the following shall have the indicated
meanings.
1. PAG - Pima Association of Governments
2. TMA - transportation management association
3. TRO - travel reduction ordinance and code
4. TRP - travel reduction program
5. VMT - vehicle miles traveled
Section 10 -4 -3 Jurisdiction /lead agency
A. The council shall evaluate major employers' TRP plans received
from the TRP task force. The lead agency shall have 45 days to ob-
ject to the plan; otherwise the plan is automatically approved. Any
objection shall be based upon the criteria set forth in section 10 -4 -5.
MARANA TOWN CODE
{00001471.DOC121)
10 -8
4/30/09
Title 10. Health and Sanitation e
If the lead agency objects, the plan is not approved and shall be re-
turned to the TRP task force with appropriate comments for review
and revision in consultation with the employer.
B. The lead agency shall receive recommendations for enforcement
from the TRP task force. The lead agency shall take whatever ac-
tion it deems necessary.
Section 10 -4 -4 Applicability; voluntary participation
A. The provisions of this code shall apply to all major employers.
B. Employers or groups of employers with less than 100 full time
equivalent employees at a single work site are encouraged to par-
ticipate in data collection and information dissemination efforts and
in the preparation of their own travel reduction plans on a voluntary
basis. These groups shall be assisted by the TRP task force, the
TRP technical advisory committee and TRP staff, and shall be eligi-
ble for participation in all programs and services. Groups of em-
ployers are encouraged to form transportation management asso-
ciations.
Section 10 -4 -5 Requirements for employers
In each year of the regional program each major employer shall:
A. Provide each regular employee with information on alternate mode
options and travel reduction measures including, but not limited to:
Sun Tran bus routes and schedules, the RideShare program, and
bicycle routes. This information shall also be provided to new em-
ployees at the time of hiring.
B. Participate in a survey and reporting effort, forms for which will be
provided by the TRP task force. The results of this survey shall form
a baseline against which attainment of the targets in this section
shall be measured as follows:
1. The baseline for participation in alternative modes of transporta-
tion shall be based on the total number of employees.
2. The baseline for VMT shall be the average VMT per employee
for employees not residing on the work site.
C. Prepare and submit a travel reduction plan for submittal to TRP staff
and presentation to the TRIP task force. TRIP staff will assist in pre-
paring the plan. Major employers shall submit plans within nine
weeks after they receive survey data results. The Plan shall contain
the following elements.
1. The name of the designated transportation coordinator.
2. A description of employee information programs and other travel
reduction measures which have been completed in the previous
year.
3. A description of travel reduction measures to be undertaken by
the major employer in the coming year. The following measures
may be included:
a. A commuter matching service, in addition to or coordinated
with PAG's RideShare program, to facilitate employee ride -
sharing for work trips.
MARANA TOWN CODE 10 -9
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Title 10. Health and Sanitation
b. Provision of vans for vanpooling.
c. Subsidized carpooling or vanpooling which may include pay-
ment for fuel, insurance or parking.
d. Use of company vehicles for carpooling.
e. Provision of preferential parking for carpool or vanpool users
which may include close in parking or covered parking facili-
ties.
f. Cooperation with Sun Tran or other transportation providers to
provide additional regular or express service buses to the
work site.
g. Subsidized bus fares.
h. Construction of special loading and unloading facilities for
transit and carpool and vanpool users.
i. Cooperation with local jurisdictions to construct walkways or
bicycle routes to the work site.
j. Provision of bicycle racks, lockers, and showers for employees
who walk or bicycle to and from work.
k. Provisions of special information center where information on
alternate modes and other travel reduction measures will be
available.
I. Establishment of a work -at -home program, full or part time, for
employees.
m. Establishment of a program of adjusted work hours which
may include compressed work weeks and employee - selected
starting and stopping hours. Work hour adjustments should
not interfere with or discourage the use of ridesharing and
transit.
n. Establishment of a program of parking incentives and disin-
centives; such as a fee for parking and /or a "rebate" for em-
ployees who do not use the parking facility.
o. Incentives to encourage employees to live closer to work.
p. Implementation of other measures designed to reduce com-
mute trips such as the provision of day care facilities or emer-
gency taxi services.
D. An approvable travel reduction plan shall meet all of the following
criteria:
1. The plan shall designate a transportation coordinator.
2. The plan shall describe a mechanism for regular distribution of al-
ternate mode transportation information to employees.
3. For employers who in any year, meet or exceed annual regional
targets for travel reduction, the plan shall accurately and com-
pletely describe current and planned travel reduction measures.
4. For employers who, in any year, fall below the regional targets for
travel reduction, the plan shall include commitments to imple-
ment:
MARANA TOWN CODE
{00001471.DOC121)
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Title 10. Health and Sanitation D
a. At least two specific travel reduction measures (such as those
of this chapter) in the first Ordinance No. 2005.22 corrected the cross-
described in section 10-4-5(C)
p ) reference in subparagraphs (D) (4) (a) and (b)
year of the regional program.
b. At least three specific alternate modes incentives programs
(such as those described in section 10- 4- 5(C)(3) of this chap-
ter) in the second year of the regional program.
5. After the second year, the travel reduction program task force
shall review the travel reduction programs for employers not
meeting regional targets and may recommend additional meas-
ures.
E. Employers shall implement all travel reduction measures considered
necessary by the task force to attain the following target employee
participation in alternate modes or commuter trip VMT Reductions
per regulated work site:
1. 15% of the total employee pool in the first year of the regional
program.
2. 20% of the total employee pool in the second year of the regional
program.
3. 25% of the total employee pool in the third year of the regional
program.
F. After the third year of the regional program, either:
1. An increase in employee participation in alternate modes of 1%
per year for each subsequent year until 40% of all commute trips
are made by alternate modes; or:
2. Alternatively, a reduction in average annual VMT per employee
of 1.5% per year can be selected by a major employer after a
25% alternate mode or commuter trip VMT reduction usage is
achieved.
Section 10 -4 -6 Variance and appeals
A. Variances
1. The TRP task force shall serve as a hearing board for major em-
ployers requesting variances from all or part of TRP ordinance
requirements and /or travel reduction plan scheduling.
2. Any major employer wishing a variance form any of the require-
ments of this title shall make written application to the TRP task
force which will determine whether to recommend the variance.
The recommendation will be forwarded within forty -five days to
lead Agency which will or will not authorize the variance. Re-
quest for variances shall be finally approved or disapproved
within 90 days of the filing of a request by an employer.
B. Appeals
1. Any affected major employer may appeal a decision of the lead
agency to authorize or withhold variances or a decision of the
lead agency regarding enforcement or other provision of this
chapter.
2. The town council will hear and decide the appeal. If the decision
is to disapprove the plan, the plan shall be returned to the TRP
MARANA TOWN CODE 10 -11 4130109
{00001471.DOC121)
Title 10. Health and Sanitation e
task force for review and revision or to the lead agency for ap-
propriate action.
Section 10 -4 -7 Enforcement
A. The lead agency, upon determining an substantial violation of this
code, shall request the town attorney to take appropriate legal ac-
tion.
B. Violations of any of the following requirements may subject a major
employer to enforcement actions.
1. Failure to collect or supply information requested by the TRP task
force.
2. Failure to disseminate information on alternate modes and other
travel reduction measures as specified in this chapter.
3. Failure to designate a transportation coordinator.
4. Failure to submit an approvable travel reduction plan.
5. Failure to implement an approved plan within the time schedule
provided or failure to perform a revision of a plan as required by
the TRP task force.
C. Failure by a major employer to meet travel reduction goals as de-
fined in sections 10 -4 -5 (E) and (F) shall not constitute a violation
provided that the major employer is attempting in good faith to meet
the goals.
Chapter 10 -5 FIREWORKS PERMITS
Section 10 -5 -1 Issuance of permits
The town clerk is hereby authorized to issue permits for public displays
of fireworks within the town limits, subject to compliance by the appli-
cant with this chapter. Other than as set forth in this chapter, the sale,
use or possession of any fireworks within the town limits is unauthor-
ized and unlawful.
Section 10 -5 -2 Application for permit
Any person wishing to have a public display of fireworks within the
town limits must make written application for a fireworks permit to the
town clerk, on a form to be prescribed by the town clerk, not less than
15 days prior to the date of the fireworks display.
Section 10 -5 -3 Permit fee
All applications for fireworks permits must include a non - refundable
permit fee in the amount of $100 to cover the cost of investigating the
application and processing of permits. This fee may be waived in the
sole discretion of the town clerk for non profit corporations whose prin-
cipal place of business is located within the town.
Section 10 -5 -4 Required information in application
A. Each application for a fireworks permit shall include the following
information:
1. The name, address, phone number and date of birth of the appli-
cant.
MARANA To wN CODE 10 -12
{00001471.DOC121)
Ordinance No. 2005.22 corrected the cross -
references in paragraph C
See Ordinance No. 89.29 for prior history of
fireworks regulations
4/30/09
Title 10. Health and Sanitation e
2. The occupation, business address and business phone number
of the applicant.
3. The date or dates that the public display of fireworks will be held,
the times during which the public display of fireworks will be held,
and the location from which the public display of fireworks will be
held.
4. A complete description of the method, manner and handling of all
fireworks, including but not limited to the storage prior to the pub-
lic display, and the manner in which the public display will be
held.
5. The name, address and phone number of the operator of the
public display of fireworks, together with a full description of all of
the operator's qualifications and experience to operate a public
display of fireworks.
6. The exact type and number of fireworks to be utilized at the pub-
lic display.
Section 10 -5 -5 Investigation
The town clerk shall cause an investigation to be conducted to deter-
mine, among other things, that the display is being handled by a com-
petent operator, and that the display of fireworks is of such character
and located in such an area that when the fireworks are discharged
they will not be hazardous to property or endanger any person.
Section 10 -5 -6 Bond requirement
After considering the potential danger to property and the proximity of
the display to existing structures, the town clerk shall require a cash
bond or surety bond issued by an insurance carrier licensed in the
state in the sum of not less than $500 or more than $5,000, the bond
to be issued to insure that payment be made for all damages which
may be caused to persons or property by reason of the display.
Section 10 -5 -7 Permit non - transferable
Any permit issued pursuant to this chapter is not transferable or as-
signable, and shall be issued in the name of the applicant, with the
competent operator of the fireworks display to be designated on it, and
shall specify and be limited to the specific location, times, number and
types of fireworks as contained in the permit.
Chapter 10 -6 SPECIAL EVENTS PERMIT
Section 10 -6 -1 Purpose; definitions
A. The purpose of this chapter is to establish a process for permitting
and regulating certain temporary activities conducted on public
property or private property when public safety is potentially im-
pacted. This chapter is adopted pursuant to the authority of A.R.S.
§ 9 -240, as amended, and is intended to provide fair and reason-
able regulations governing the time, place, and manner in which a
special event may take place, and in doing so, provide for the
health safety and welfare of the public and assist the town and its
appropriate officers in enforcing the applicable provisions of A.R.S.
title 9 and title 36.
MARANA TOWN CODE 10 -13
{00001471.DOC121)
Chapter 10 -6 was added by Ordinance
No. 2007.18. Former Chapter 10 -6 ( "Smok-
ing') was added by Ordinance No. 2006.04
and repealed by Ordinance No. 2007.04. The
repeal was effective on the effective date of
the Smoke -free Arizona initiative, which was
approved by the voters at the 2006 Arizona
general election and became effective May 1,
2007.
4/30/09
Title 10. Health and Sanitation e
B. For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
1. "Special event"
a. Means any public or private function which:
i. Requires temporary parking areas; or
ii. Is held in a public park or on public right of way; or
iii. Has amplified music or voices which can be heard outside
of the event location; or
iv. Requires temporary traffic control to provide for safe in-
gress or egress to the event venue; or
v. Requires a special event liquor license; or
vi. Requires temporary sanitation facilities; or
vii. Requires the installation of temporary structures or tents of
more than 120 square feet; or
viii. Has other adverse impact on public health, safety and
welfare.
b. Shall not include:
i. School functions at school facilities, unless spillover (as de-
fined below) is anticipated; or
ii. Ordinary and customary events at a venue designed to ac-
commodate them.
2. "Major event" means a special event where:
a. Extra -duty law enforcement officers or other security services
are used; and
b. Temporary traffic control is used.
3. "Spillover" occurs when participants of, or spectators to, a special
event congregate on, park, or move to any property or right of
way not associated with the event venue.
Section 10 -6 -2 Permit required
Any person wishing to operate, maintain or conduct a special event
within the town must first obtain a permit to do so. No permit shall be
issued until all conditions required pursuant to this chapter have been
met and fulfilled. The maximum number of people permitted at any
event will be based upon the nature of the event and the physical ca-
pacity of the site where the event will take place.
Section 10 -6 -3 Application process
A. Written application to the town clerk must be submitted at least
30 days before the first day of the proposed special event. Applica-
tions for a major event must be submitted at least 60 days in ad-
vance of the first day of a proposed major event.
B. Any person desiring to operate a special event shall file a written
application with the town clerk, which shall contain the following
facts and information:
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Title 10. Health and Sanitation e
1. The name, age, residence and mailing address of the person
making the application.
2. The address or legal description and present zoning of the place
or premises where the proposed event is to be conducted, oper-
ated or carried on.
3. A description of the event, including activities, anticipated atten-
dance, entertainment, and type of retail sales if applicable.
4. The dates for which the permit is sought.
5. An estimate of the number of customers, spectators, participants
and other persons intended, calculated or expected to attend the
event for each day it is conducted.
6. A site map or sketch showing the location of the property in rela-
tion to surrounding properties, the area to be used, the access to
the property and the location of any proposed facilities, parking
areas, vending areas, stages and other principal features of the
venue.
C. Upon receipt of the application, the town clerk shall circulate the
application for review by the following town departments: public
works, police, building services, planning, town attorney, parks and
recreation, and town manager; and by the Northwest Fire District.
These departments shall review the application and may impose
conditions related to the potential impact of the event upon the
town's resources and pursuant to section 10 -6 -4 of this chapter.
D. The town clerk shall respond to the applicant with an approval, ap-
proval with conditions, denial or request for additional information
within ten business days of the submission of application.
E. The applicant shall demonstrate adherence with all conditions or
requests for additional information no later than ten days prior to the
event and no permit shall be issued until this has been done.
Section 10 -6 -4 Conditions
A. Noise Standards. It shall be unlawful for any person, entity or opera-
tion at any special event to create any amplified noise, or to allow
the creation of any amplified noise, which causes the noise level
measured on any residential property outside of the special event
venue to exceed the noise standards found in table 1, section
11- 5 -3(D).
B. Sanitation.
1. The applicant shall provide and maintain toilet and hand washing
facilities that are adequate for the anticipated maximum atten-
dance and event duration as directed by the town clerk.
2. The applicant shall provide and maintain an adequate number of
trash receptacles as directed by the town clerk.
3. All food vendors shall comply with the requirements of the county
health department for permits and food handling practices.
C. Security. The applicant may be required, at the applicant's expense,
to provide security services, and /or extra -duty law enforcement offi-
cers for event security, as determined by the chief of police. In mak-
MARANA TOWN CODE
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Title 10. Health and Sanitation All
ing the determination of the need for security services, the chief of
police shall consider the event nature, anticipated attendance, ac-
cess to alcohol, ticket or money handling and any other factors
deemed relevant. If private security services are to be used, the
chief of police must approve the security service provider and the
security plan for the event. If extra -duty law enforcement will be
used, the town will coordinate the hiring of officers and the security
plan preparation.
D. Medical services. The applicant may be required to furnish medical
services to the event. Conditions which may warrant this require-
ment include the expected temperatures during the event, the na-
ture of the event, expected attendance, age of the expected atten-
dees, and accessibility of the event venue to emergency vehicles.
In the event medical services are used at the event, the medical
services plan shall be approved by the chief of police and North-
west Fire District.
E. Lighting. Events which will take place or where attendees may still
be present after dark will be required to provide adequate illumina-
tion of all use areas, sanitation facilities, parking areas and areas of
pedestrian travel. If lighting is required for the event, a lighting plan
shall be submitted to the town's building official to ensure compli-
ance with the title 18 of the land development code: outdoor light-
ing.
F. Parking. Adequate parking shall be provided for all special events,
without spillover. In the event temporary parking areas are to be
used, a parking layout and circulation plan shall be prepared and
submitted for approval by the town's traffic engineering division. In
temporary parking areas, all parking spaces shall be adequately
marked and dust control measures shall be performed.
G. Traffic control. Adequate access to the event venue shall be re-
quired for the general public and emergency vehicles. If the access
points to the event venue do not have adequate capacity for the ex-
pected ingress /egress traffic volumes, temporary traffic control
measures will be required. Where temporary traffic control meas-
ures are to be employed, a traffic control plan must be submitted for
approval by the town's traffic engineering division.
H. Appropriate zoning. The venue for a special event shall have the
appropriate zoning for the proposed event.
I. Signage. All signage to be employed in the advertisement of the
special event shall be in compliance with title 16 of the land devel-
opment code: signage, and is subject to approval by the planning
director.
J. Sales. All event vendors shall hold a current Marana business li-
cense. This includes the applicant if tickets are to be sold. All mer-
chandise and ticket sales are taxable in accordance with the laws of
the state of Arizona. Tickets to an event shall not be sold prior to
approval of the special event permit.
K. Insurance. The amount and type of insurance required for a special
event shall be determined on a case by case basis, based upon the
recommendation of the Arizona Municipal Risk Retention Pool or
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Title 10. Health and Sanitation e
other insurance provider to the town. The applicant shall provide at
a minimum $1,000,000 in liability insurance and name the town as
an additional insured. Insurance certificates must be provided to the
town clerk prior to the event date.
Section 10 -6 -5 Grounds for denial
A. After reviewing the application material, the town clerk may deny
issuance of a license if any of the following apply:
1. That the applicant has failed to meet the conditions imposed pur-
suant to this subchapter;
2. That the proposed event is intended to be conducted in a manner
or location not meeting the health, zoning, fire or safety stan-
dards established by rules or regulations of the town, the laws of
the state of Arizona or rules and regulations adopted by any of
its agencies;
3. That the applicant has knowingly made any false, misleading or
fraudulent statement of material fact in the application for permit
or in any other document required pursuant to this section;
4. That the applicant, his or her employee, agent or any person as-
sociated with the applicant as partner, director, officer, stock-
holder, associate or manager, has been convicted in a court of
competent jurisdiction, by final judgment, of an offense:
a. Involving the presentation, exhibition or performance of an ob-
scene production, motion picture or play, or of selling obscene
matter;
b. Involving lewd conduct;
c. Involving the use of force and violence upon the person of an-
other;
d. Involving misconduct with children; or
e. An offense against the provisions of Arizona law respecting
narcotics and dangerous drugs, or of any equivalent offense
under the law of any other state which if committed in Arizona
would have been a violation of the Arizona statutory provi-
sions.
5. That the scheduled date of the event conflicts with other previ-
ously scheduled events such that it will result in an undue impact
on the town's resources and staff.
B. Where the application is denied, the town clerk shall mail to the ap-
plicant written notice of denial within three days of the action. The
notice shall include a statement of the reasons the application was
denied. The applicant may request a review of this denial by the
town manager who will schedule a meeting during which the appli-
cant may present evidence in support of the application.
Section 10 -6 -6 Waivers
At the discretion of the town manager, or designee, application submit-
tal requirements or permit conditions may be waived.
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Title 10. Health and Sanitation e
Section 10 -6 -7 Violations, penalties
A. It shall be a civil violation of this code to conduct a special event
without a permit.
B. Failure to adhere to the conditions of a special event permit shall be
a misdemeanor offense.
C. Each violation of the conditions of a special event permit, or the
provisions of section 10 -6 -4, shall constitute a separate offense.
D. A person convicted of a violation of this chapter shall be guilty of a
class 2 misdemeanor, punishable in accordance with the laws of
the state of Arizona.
Chapter 10 -7 PENALTIES
Section 10 -7 -1 General
Notwithstanding any criminal penalties as prescribed under title 13,
Arizona Revised Statutes, a violation of any portion of this title except
as outlined below is a civil offense punishable by a civil sanction of not
more than $500. Each day the violation continues shall constitute a
separate and distinct offense.
Section 10 -7 -2 Violations
In addition to the provisions for compelling removal listed in sec-
tions 10 -2 -5 through 10 -2 -9, a violation of any provision of sec-
tions 10 -2 -2 or 10 -2 -3 is a class 2 misdemeanor.
Section 10 -7 -3 Travel reduction
A violation of any provision of chapter 10 -4 of this title is a petty of-
fense. Each day the violation continues shall constitute a separate and
distinct offense.
Section 10 -7 -4 Illegal dumping
A violation of any provision of section 10 -1 -3 shall be a class 3 misde-
meanor.
Section 10 -7 -5 [Reserved]
MARANA To wN CODE 10 -18
{00001471.DOC121)
This chapter was renumbered from chap-
ter 10 -6 to chapter 10 -7 by Ordinance
No. 2006.04, which also renumbered the sec-
tions within the chapter to conform
Section 10 -7 -2 was adopted by Ordinance
No. 98.14, which renumbered the following
sections to conform
The original source of section 10 -7 -4 is unclear.
It was readopted as part of the reformatted
Town code by Ordinance No. 2005.22.
Section 10 -7 -5 ( "Smoking penalties') was
added by Ordinance No. 2006.04 and re-
pealed by Ordinance No. 2007.04. The repeal
was effective on the effective date of the
Smoke -free Arizona initiative, which was ap-
proved by the voters at the 2006 Arizona
general election and became effective May 1,
2007.
4/30/09
Title 11
Offenses
CHAPTER 11 -1
CHAPTER 11 -2
CHAPTER 11 -3
CHAPTER 11 -4
CHAPTER 11 -5
CHAPTER 11 -6
CHAPTER 11 -7
CHAPTER 11 -8
CHAPTER 11 -9
DRIVING OR PARKING ON PROPERTY OF ANOTHER ....... ..............................1
DRUG PARAPHERNALIA ........................................................ ..............................1
GRAFFITI .................................................................................. ..............................1
MINORS; LOITERING AND CURFEW .................................... ..............................4
NOISE ...................................................................................... ............................... 7
PUBLIC URINATION OR DEFECATION ................................ .............................13
STORAGE OF INOPERABLE OR UNLICENSED VEHICLES ............................13
PENALTIES ............................................................................. .............................13
UNRULY RESIDENTIAL ACTIVITIES .................................... .............................15
{00001471. DOC / 21}
Title 11. Offenses
TITLE 11. OFFENSES
Title 11 was adopted by Ordinance No. 96.16
Chapter 11 -1 DRIVING OR PARKING ON PROPERTY OF
ANOTHER
Section 11 -1 -1 Driving or parking on another's property
unlawful
It is unlawful for a person to loiter, drive or park in or upon the property
of another during those hours when the person legally entitled to the
possession of the property is not present, or, if the property is a busi-
ness, for any purpose other than the normal conduct of trade with that
business, or, if the property is that of a government, for any purpose
other than the normal conduct of business with that government
agency, without having in his or her possession the written permission
of the person legally entitled to the possession of the property.
Section 11 -1 -2 Exceptions
No person charged with violating this section shall be convicted, and
any charge against him or her shall be dismissed if he or she subse-
quently produces in court the written permission.
Chapter 11 -2 DRUG PARAPHERNALIA
Section 11 -2 -1 Unlawful possession
It is unlawful for any person to keep or exhibit any box pipe, cup, hy-
podermic needle, thing or apparatus used for unlawfully smoking, eat-
ing, inhaling, injecting or consuming any substance defined as a nar-
cotic in A.R.S. § 13 -3401 et seq., or any subsequent amendments to
them.
Section 11 -2 -2 Unlawful activities
It is unlawful for any person to act as a lookout or tender at any place
where the acts as set forth in section 11 -2 -1 are practiced or carried
on.
Section 11 -2 -3 Duty of police to seize unlawful paraphernalia
It is the duty of all police officers of the town to seize and safely keep
all cups, pipes, apparatus, boxes, hypodermic needles and things used
for the purpose of unlawfully eating, smoking, inhaling, injecting or oth-
erwise consuming any substance defined as a narcotic under A.R.S.
§ 13 -3401 et seq., as it may be amended, and to produce them in
court. The articles shall be retained until a final disposition of any case
in which they may be required as evidence, and may be destroyed af-
ter final disposition of the case. Nothing contained in this section shall
prevent the destruction of the articles at any time when the magistrate
deems the articles no longer required to be retained as evidence, or
when they may be otherwise destroyed pursuant to any applicable Ari-
zona Revised Statute.
Chapter 11 -3 GRAFFITI Chapter 11 -3 was adopted by Ordinance
No. 98.21, which renumbered the later chap -
Section 11 -3 -1 Definitions ters of title 11 to conform
A. In this section, the following words and phrases shall be construed
as defined in this section unless in context it appears that a different
meaning is intended:
MARANA TOWN CODE 11 -1 4130109
{00001471.DOC121)
Title 11. Offenses
1. "Graffiti" means the unauthorized etching, spraying of paint or
application of paint, ink, chalk, dye or other similar substance on
buildings, fences, structures or similar places.
2. "Graffiti abatement officer" means the town official designated by
the town manager to interpret and enforce the provisions of this
section.
3. "Retailer" means any person, business or governmental entity
that owns, operates or manages a store, stand, booth, conces-
sion, mobile unit or other place where sales of spray paint are
made to purchasers for consumption or use.
4. "Spray paint" means any paint or paint like coating substance
which is dispensed by the use of an aerosol spray device
whether or not containing a toxic substance.
5. "Unauthorized" means without the permission of the property
owner or otherwise in violation of the provisions in this section.
Section 11 -3 -2 Purpose and intent
A. It is the purpose and intent of this chapter to provide a procedure for
the prevention, prohibition, and removal of graffiti from walls, struc-
tures, or surfaces on public and private property to reduce blight
and deterioration within the town and to protect the public health
and safety.
B. The mayor and council finds that graffiti contributes to neighborhood
deterioration, provides a communication system for gangs and
other vandals, damages property, constitutes a public nuisance,
and must be abated immediately to avoid the detrimental impact of
the graffiti and prevent the further spread of graffiti.
C. The mayor and council further find that graffiti is most frequently
spread by youth under the age of 18 years and that measures to
limit youth access to spray paint containers are critical to the town's
prevention efforts.
Section 11 -3 -3 Graffiti prohibited; abatement procedures;
penalty
A. It shall be unlawful for any person owning or otherwise being in con-
trol of any real property within the town to maintain, permit or allow
graffiti to remain on any building, fence, structure or otherwise on
the property where the graffiti is visible from the street or other pub-
lic or private property.
B. Upon the receipt of notice requiring abatement from the graffiti
abatement officer, any person owning or otherwise being in control
of the property shall within ten days thereafter remove or abate all
graffiti specified in the notice. The graffiti abatement officer shall
give notice utilizing the procedures set forth in this section. The
graffiti abatement officer may cause the removal of graffiti from pri-
vate property should the property owner or person in control fail to
remove graffiti after the required notice. The town is expressly au-
thorized to enter private property and abate graffiti.
C. Any person or business in violation of this section shall constitute a
civil infraction.
MARANA TOWN CODE 11 -2
{00001471.DOC121)
Ordinance No. 2005.22 deleted a redundant
definition of "person" (see section 1 -3 -2)
4/30/09
Title 11. Offenses
Section 11 -3 -4 Prohibited conduct; penalties
A. No person may write, paint, or draw any inscription, figure, or mark
of any type on any public or private building or other real or per-
sonal property, owned, operated, or maintained by a governmental
entity, agency or instrumentality or by any person, firm, or corpora-
tion, unless permission of the owner or operator of the property has
been obtained.
B. No person may possess an aerosol spray paint container on any
private property unless the owner, agent, manager, or other person
having control of the property consented to the presence of the
aerosol spray paint container.
C. No person under the age of 18 years may possess an aerosol spray
paint container on any public property unless accompanied by a
parent, guardian, teacher or other person in a similar relationship
over the age of 18 years and the possession is for a lawful purpose.
D. No person under the age of 18 years may buy any aerosol spray
paint container from any person or firm.
E. Penalties. Violations of this section shall constitute a class 1 mis-
demeanor and shall be punished as follows:
A person convicted of violating subsection (A) shall be punished
by a term of not less than 48 hours in jail, a fine not less than
$250 and not less than 40 hours community service involving
participation in the removal of graffiti. In addition to any other
punishment, the court shall order restitution to the victim for
damage or loss caused directly or indirectly by the defendant's
offense in an amount to be determined by the court. Persons un-
der the age of 18 years will be punished as provided for in title 8
of the Arizona Revised Statutes.
2. A person convicted of violating subsection (B) or (C) shall be
punished by a term of not less than 24 hours in jail, a fine not
less than $100 dollars and 40 hours of community service involv-
ing participation in the removal of graffiti. Persons under the age
of 18 years will be punished as provided for in title 8 of the Ari-
zona Revised Statutes.
3. A person convicted of violating subsection (D) shall be punished
as provided for in title 8 of the Arizona Revised Statutes.
4. No judge shall suspend the imposition of any of the mandatory
minimum penalties required by this section.
Section 11 -3 -5 Prohibited sale or transfer to minors; regulation
of sale; classification; penalty
A. Spray paint containers shall not be sold, delivered, transferred or
given to persons under age 18 years. Evidence that a person de-
manded and was shown acceptable evidence of age and acted
upon that evidence in a transaction or sale shall be a defense to
any prosecution under this subsection. This subsection does not
apply to the transfer of an aerosol spray paint container from a par-
ent to child, guardian to ward, employer to employee, teacher to
student or in any other similar relationship when the transfer is for a
lawful purpose.
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Title 11. Offenses
B. Spray paint containers sold at retail establishments shall be stored
or displayed either A) in an area that is inaccessible to the public
without employee assistance in the regular course of business
pending legal sale or other disposition or B) within 15 feet of a cash
register and within the line of sight of a cashier at all times.
C. Identification shall be required of purchasers of spray paint contain-
ers appearing to be under the age of 26 years. A retailer shall not
be found responsible for a violation of this subsection unless the
failure to require identification resulted in a sale of spray paint to a
person under age 18 years.
D. Spray paint containers shall not be displayed or sold at swap meets,
yard sales, garage sales, or other like events.
E. A retailer shall be responsible for the violation of any provision of
this section by its employees.
F. Any violation of any provision of this section constitutes a civil infrac-
tion. No magistrate, special magistrate or limited special magistrate
may suspend the imposition of the minimum fines prescribed in this
section.
G. A person found responsible for a violation of any provision of this
section shall be fined not less than $200. The fine amount for each
subsequent violation of any provision of this section within a con-
secutive 365 -day period shall increase by increments of $300 for
each violation.
Chapter 11 -4 MINORS; LOITERING AND CURFEW
Section 11 -4 -1 Definitions
A. In this section, unless the context otherwise requires:
1. "Curfew hours" means the following:
a. For juveniles under 16 years of age, between the hours of
10:00 p.m. and 5:00 a.m. of the following day.
b. For juveniles on or after the sixteenth birthday, but prior to the
eighteenth birthday, between the hours of midnight and
5:00 a.m. of the following morning.
2. "Custodian" means any person, not a juvenile, who is in loco par-
entis to a juvenile.
3. "Emergency" means an unforseen combination of circumstances
or the resulting state that calls for immediate action. The term
also includes, but is not limited to, a fire, a natural disaster, or
automobile accident, or any situation requiring immediate action
to prevent serious bodily injury or loss of life.
4. "Establishment" is defined as any privately owned place of busi-
ness operated for a profit to which the public is invited, including
but not limited to any place of amusement or entertainment.
5. "Guardian" means a person who, under court order, is the guard-
ian of the person of a minor; or a public or private agency with
whom a minor has been placed by an authorized agency or
court; or any person other than a parent, who has legal guardi-
anship of the person of a juvenile; or a person at least 21 years
MARANA TOWN CODE
{00001471.DOC121)
11 -4
Chapter 11 -4 was adopted by Ordinance
No. 97.35, and was renumbered by Ordi-
nance No. 98.21. See Ordinance No. 96.16
for prior history.
4/30/09
Title 11. Offenses
of age and authorized by a parent or guardian to have the care
and custody of a minor.
6. "Insufficient Control" means failure to exercise reasonable care
and diligence in the supervision of the juvenile.
7. "Juvenile" or "Minor" means any person who has not yet reached
eighteen years of age.
8. "Operator" means any individual, firm, association, partnership,
or corporation operating, managing, or conducting any estab-
lishment. The term includes the members or partners of an as-
sociation or partnership and the officers of a corporation.
9. "Parent" means a natural parent, adoptive parent, or step - parent
of another person.
10. "Public Place" is any place to which the public or a substantial
group of the public has access, and includes streets, highways,
and the common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, and shops.
11. "Remain" means to linger or stay or fail to leave premises when
requested to do so by a police officer or the owner, operator, or
other person in control of the premises.
12. "Serious Bodily Injury" means bodily injury that creates a sub-
stantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of
any bodily member or organ.
Section 11 -4 -2 Offenses
A. A minor commits an offense if the minor remains in any public place
or on the premises of any establishment within the town, away from
the property where the minor resides, during curfew hours.
B. A parent, guardian or person having responsibility of a minor com-
mits an offense if the parent, guardian or person having responsibil-
ity for the minor knowingly permits, or by insufficient control allows,
the minor to remain in any public place or on the premises of any
establishment within the town, away from the property where the
minor resides, during curfew hours. It shall not constitute a defense
that the parent, guardian or other person having responsibility for
the minor did not have actual knowledge that the minor was violat-
ing the provisions of this chapter if the parent, guardian or other
person having responsibility for the minor, in the exercise of rea-
sonable care and diligence, should have known of the violation.
C. A parent, guardian or other person having the care, custody or su-
pervision of the minor commits an offense by refusing to take cus-
tody of the minor after the demand is made upon the parent, guard-
ian or other person having the care, custody or supervision of the
minor, by a law officer who arrests the minor for violations of this
chapter.
D. The owner, operator, or any employee of an establishment commits
an offense if the owner, operator, or any employee of the estab-
lishment knowingly allows a minor to remain upon the premises of
the establishment during curfew hours.
MARANA TOWN CODE 11 -5
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Title 11. Offenses
Section 11 -4 -3 Defenses /exceptions
A. It is a defense to prosecution under section 11 -4 -2 of this chapter
that:
1. The minor was accompanied by the minor's parent or guardian;
2. The minor was on an errand at the direction of the minor's parent
or guardian without any detour or stop;
3. With prior permission of the parent or guardian, the minor was in
a vehicle involved in interstate travel;
4. The minor was engaged in an employment activity, or going to or
returning home from an employment activity, without any detour
or stop by the most direct route;
5. The minor was involved in an emergency;
6. The minor was on the sidewalk abutting the minor's residence or
abutting the residence of a next door neighbor if the neighbor did
not complain to the police department about the minor's pres-
ence;
7. With prior permission of the parent or guardian, the minor was
engaged in a reasonable, legitimate, and specific business
and /or activity. Examples include, but are not limited to, attend-
ing an official school, religious, or other recreational activity su-
pervised by adults and sponsored by the town, a civic organiza-
tion, or another similar entity that takes responsibility for the mi-
nor, or going to or returning home from, without any detour or
stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the town, a civic organi-
zation, or another similar entity that takes responsibility for the
minor;
8. With permission of the parent or guardian the minor was exercis-
ing First Amendment rights protected by the United States Con-
stitution, such as free exercise of religion, freedom of speech,
and the right of assembly; or
9. The minor is emancipated, whether emancipation be through
marriage, military service, or other legally sufficient grounds in
accordance with Arizona law.
B. It is a defense to prosecution under section 11- 4 -2(D) that the
owner, operator or employee of an establishment promptly notified
the police department that a minor was present on the premises of
the establishment during curfew hours and refused to leave.
Section 11 -4 -4 Enforcement
Before taking any enforcement action under this chapter, a police offi-
cer shall ask the apparent offender's age and reason for being in the
public place. The officer shall not issue a citation or make an arrest
under this section unless the officer reasonably believes that an of-
fense has occurred and that, based on any response and other cir-
cumstances, no defense in section 11 -4 -3 exists.
MARANA TOWN CODE
{00001471.DOC121)
11 -6
4/30/09
Title 11. Offenses
Section 11 -4 -5 Penalties
A. Each violation of the provisions of section 11 -4 -2 shall constitute a
separate offense.
B. A person convicted of a violation of this chapter shall be guilty of a
class 1 misdemeanor, punishable according to the laws of the state.
Chapter 11 -5 NOISE
Chapter 11 -5 was renumbered by Ordinance
Section 11 -5 -1 Unlawful activities
No. 98.21
A. It is hereby declared to be a public nuisance, and it is unlawful for
any person, to play or permit to be played any music or musical in-
struments whether played by individuals, orchestra, radio, phono-
graph, music box or other mechanical device or means in such a
loud or unusual manner as to be offensive to the senses, or so as to
disturb the slumber, peace and quiet, or otherwise interfere with or
annoy the comfortable enjoyment of life or property of any person
and is no less a nuisance because the extent of the annoyance in-
flicted is unequal.
B. It is unlawful to play, operate or use any device known as a sound
truck, loud speaker or sound amplifier, radio or any instrument of
any kind or character which emits loud and raucous noises and is
attached to and upon any vehicle unless the person in charge of the
vehicle shall have first applied to and received permission from the
chief of police to operate the vehicle so equipped.
Section 11 -5 -2 False alarms
A. It shall be unlawful to allow or cause a false alarm within the town. A
violation of this section shall be punishable as provided in sec-
The cross reference in 11 -5 -2, paragraph A
was revised by the town attorney as a scriv-
tion 11 -9 -2 below.
ener's error, pursuant to the authority granted
B. In this chapter, unless the context otherwise requires:
by Town Code section 1 -4 -5.
1. "Alarm" means any mechanical or electrical device or assembly
of equipment designed or arranged to signal the occurrence of
an illegal entry or other activity requiring urgent attention and to
which the police are expected to respond, or designed or ar-
ranged to signal the occurrence of a fire or excessive smoke re-
quiring urgent attention and to which a fire department is ex-
pected to respond.
2. "Alarm company" means any firm, person, partnership, corpora-
tion or entity which has servicing, maintenance or monitoring du-
ties or responsibilities under the terms of any agreement or ar-
rangement with any alarm user within the corporate limits of the
town.
3. "Alarm user" means any person, firm, corporation or entity of any
kind in control of any building, premises, structure or facility in
which or upon which an alarm is maintained.
4. "False alarm" means an alarm signal to which police or fire de-
partment personnel respond with any emergency personnel or
equipment when a situation requiring a response by the police or
applicable fire department does not in fact exist, and which sig-
nal is caused by the inadvertence, negligence or intentional act
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Title 11. Offenses
or omission of an alarm company or alarm user or a malfunction
of the alarm.
C. The following shall not be considered false alarms:
1. Alarms caused by the testing, repair or malfunction of telephone
equipment or lines.
2. Alarms caused by an act of God, including earthquakes, floods,
windstorms, thunder or lightning.
3. Alarms caused by an attempted illegal entry of which there is visi-
ble evidence.
4. Alarms caused by the testing, repair or malfunction of electrical
utility equipment or lines.
Section 11 -5 -3 Noise standards in the resort and recreation
zone Section 11 -5 -3 was adopted by Ordinance
No. 2002.12
A. Applicability; policy. The town has come to understand that certain
allowable activities within the resort and recreation zone may be
disruptive to the public health, safety and general welfare, the satis-
faction, and the feeling of well being to the surrounding residents.
To control unnecessary, excessive and annoying noise being gen-
erated from properties with the resort and recreation (R R) zoning
designation, it is the policy of the town to maintain the standards
identified in this section to protect the public health, safety and gen-
eral welfare of the surrounding residentially zoned properties. All
uses established or placed into operation after the effective date of
this section shall comply at all times hereafter with the following
limitations or performance standards.
B. Definitions. As used in this section, the following terms shall be de-
fined as follows:
1. A weighted sound level. The sound pressure level in decibels as
measured on a sound level meter using the A weighted filter
network. The A weighted filter network is designed to simulate
the response of the human ear. The A weighted sound level is
expressed by the symbol dBA.
2. Ambient noise. The composite of noise from all existing sources
near and far. The ambient noise level constitutes the normal or
existing level of environmental noise at a given location, exclud-
ing any alleged offensive noise.
3. Decibel (dB). A unit for measuring the amplitude of a sound,
equal to 20 times the logarithm to the base 10 of the ratio of the
pressure of the sound measured to the reference pressure,
which is 20 micropascals.
4. Impulsive noise. A noise of short duration, usually less than one
second, and of high intensity, with an abrupt onset and rapid de-
cay.
5. Noise study. An acoustical analysis performed by a qualified
noise engineer which determines the potential noise impacts of a
roadway, land use or operation of equipment. The noise study
will generate noise contours and recommend mitigation for noise
impacts which exceed the city's noise standards.
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6. Sound level meter. A sound level meter shall mean an instrument
meeting at a minimum the American National Standards Insti-
tute's Types 1 or 2 Standards, or an instrument and the associ-
ated recording and analyzing equipment which will provide
equivalent data.
C. Amplified noise standards. This section identifies stationary types of
noise sources. The type of noise standard contained in this section
is for amplified noise, which may be intrusive to a neighboring resi-
dential property. The noise standards shown in Table 1 are for
regulating the impact of stationary noise sources to a neighboring
property.
D. Exterior noise. It shall be unlawful for any person, entity or operation
at any location within the R R zone of the town to create any ampli-
fied noise, or to allow the creation of any amplified noise on prop-
erty owned, leased, occupied or otherwise controlled by the person,
which causes the noise level when measured at the property line to
exceed the noise standards found in table 1, and these amplified
noise standards are hereby established and declared to be reason-
able and acceptable during the times stated in table 1.
TABLE 1
STATIONARY NOISE
SOURCE STANDARDS
Maximum Noise Levels
Measured at Property Line
7:00 am -10:30 pm -Not to exceed 55dBA
10:30 pm -7:00 am -Not to exceed 50dBA
E. Exemptions. The following activities shall be exempt from these
noise standards:
1. Special events pursuant to an approved special use permit.
Noise impacts shall be evaluated and conditioned as part of the
special use permit.
2. Filming pursuant to a film permit. Noise impacts shall be evalu-
ated and conditioned as part of the film permit.
3. Activities conducted on public parks, public playgrounds and pub-
lic or private school grounds including school athletic and enter-
tainment events that are conducted under the sanction of the
school or under a license or permit duly issued pursuant to any
provision of town code.
4. Noise sources associated with the maintenance of real property,
provided the activities take place between the hours of 7 a.m. to
8 p.m. on any day except Sunday or between the hours of 9 a.m.
to 8 p.m. on Sunday.
5. Any activity to the extent regulation of it has been preempted by
state or federal law.
F. Noise level measurements. All noise shall be measured in accor-
dance with the following standards. Measurements shall be made
with a Type 1 or Type 2 calibrated sound level meter utilizing the A
weighting scale and the slow meter response as specified by the
American National Standards Institute (A.N.S.I.). Noise levels shall
be measured in decibels and A weighted. Meters shall be main-
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Title 11. Offenses
tained in calibration and in good working order. The measurement
location is at the property line between the R R Zone and the resi-
dentially zoned property.
G. Measurement procedure. The sound level meter shall be operated
in accordance with the instrument manufacturer's instructions and
as follows:
1. Microphone orientation. The microphone shall be pointed to-
wards the allegedly offensive noise source, unless the manufac-
turer's instructions specifically indicate otherwise.
2. Meter setting. The meter shall be set for the A weighted network
and "slow" response mode.
3. Calibration. An internal or external calibration check shall be
made before and after each use.
4. Sound levels shall be measured at the approximate location of
the property line, at a height of at least three feet above the im-
mediate surrounding surface.
5. Windscreens shall be used whenever appropriate.
H. To implement and enforce this section effectively, the chief of police
shall, within a reasonable time after the effective date of this sec-
tion, develop and promulgate standards and procedures for testing
and validating sound level meters used in enforcement of this sec-
tion.
I. A law enforcement agent shall command any person violating this
section to abate his or her violation. It is unlawful for any person to
fail to comply with an order of a law enforcement agent regarding a
noise violation. Each violation of the order of a law enforcement
agent under this subsection shall constitute a separate offense of
this section.
J. Noise studies required.
1. Pre - development noise studies. A pre development noise study
is performed prior to development and is designed to project fu-
ture noise levels and recommend mitigation measures to be im-
plemented in project development. A registered noise engineer
as approved by the town shall prepare all noise studies. Noise
studies may be required when a noise generating use, such as
an amphitheater, arena, etc., is proposed in the R R zoning dis-
trict. The need for a noise study will be determined at the time of
development review. Pre - development noise studies shall project
future noise levels based on proposed uses, traffic volumes and
other relevant future conditions. Existing and projected noise
shall be evaluated pursuant to the noise standards within this
section. Mitigation measures shall be proposed to bring noise
levels into compliance with these standards. Mitigation measures
may consist of walls, berms, setbacks, landscaping, building ma-
terials, construction methods and any other means whereby
noise can be reduced to the levels within this section.
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K. Enforcement.
1. It shall be unlawful for any person in the R R zoning district,
within the town, to create any exterior noise, or to allow the crea-
tion of any noise on property owned, leased, occupied or other-
wise controlled by the person, which causes the noise level
when measured according to this section, to exceed the maxi-
mum allowable noise levels in Table 1 of this section.
2. No person shall interfere with, oppose or resist any authorized
person charged with the enforcement of this section while the
authorized person is engaged in the performance of his or her
duty.
3. Any person violating any provision of this section shall be
deemed responsible of a civil infraction. A law enforcement
agent shall command any person violating this section to abate
his or her violation. It is unlawful for any person to fail to comply
with an order of a law enforcement agent regarding a noise viola-
tion. Each violation of the order of a law enforcement agent un-
der this subsection shall constitute a separate offense of this
section.
4. The operation or maintenance of any device, instrument, or ma-
chinery in violation of any noise standard identified in this section
is hereby declared to be a public nuisance and may be abated
pursuant to the nuisance abatement procedure in the town code.
5. Pursuant to this section, each person shall be deemed responsi-
ble of a separate offense for each and every day during any por-
tion of which any violation of any provision of this section is
committed, continued, or permitted by the person and shall be
punished accordingly.
6. Even though compliance with performance standards or proce-
dures in obtaining any permit is not required for a particular use,
initial and continued compliance with performance standards is
required of every use and the provisions for enforcement of con-
tinued compliance with performance standards shall be invoked
by the police and planning departments against any use if there
are reasonable grounds to believe that performance standards
are being violated by that use.
7. The designee of the police and planning departments shall inves-
tigate any purported violation of noise standards and, if there is
reasonable ground for same, shall commence proceedings to
abate the violation. The town, to assist in the abatement pro-
ceedings, may employ qualified expert consultants. Action by the
town to abate the violation may include, but shall not be limited
to, commencing proceedings for revocation of permits or com-
mencing enforcement proceedings pursuant to this code or other
remedies available by law or equity.
L. Jurisdiction. The town magistrate shall have authority to adjudicate
violations of this section. Violations shall be charged via the short
form Arizona Traffic Ticket and Complaint or via the long form sum-
mons and complaint submitted by the town attorney. Pursuant to
A.R.S. § 9- 500.21(A)(3), the town magistrate, in adjudicating viola-
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tions of this section, shall use the same procedures used for adjudi-
cating civil traffic offenses.
Section 11 -5 -4 Construction noise
Section 11 -5 -4 was adopted by Ordinance
A.
It shall be unlawful to allow or cause site construction activities that
No. 2002.14, which originally adopted it as
result in disturbance to persons residing within 500 feet of the site
section 11 -5 -3 but was renumbered to con -
between the hours of 7:00 p.m. and 6:00 a.m. on weekdays and be-
form to Ordinance No. 2002.12
tween 7:00 p.m. and 7:00 a.m. on weekends.
B.
Commercial or industrial zones that are no closer than 500 feet to
residential areas site construction may begin no earlier than
5:00 a.m. and end no later than 8:00 p.m.
C.
It will be permissible for the contractor to obtain special permission
to perform site construction work earlier in the summer months by
notifying the residents within 500 feet of the site in writing and ask-
ing the residents to contact the town if they wish to deny permis-
sion. The Building Official will then evaluate the request, and if rea-
sonable, and without majority of residents requesting denial, issue
an early work permit and inform the police department of permitted
early work.
D.
Grading and roadway construction is permitted to begin at 6:00 a.m.
and end no later than 7:00 p.m. If a contractor wishes to perform
work at an earlier time for road work or grading, he shall make an
application to the town engineer for an early work permit. The town
engineer shall consider whether construction noise in the vicinity of
the proposed work site would be less objectionable at night than
during the day due to population levels or activities, interference
with traffic, and if the noise would not cause significant disturbance
in residential areas. Emergency work or repairs may be authorized
by the town engineer or his representative regardless of the time of
day. The town engineer may use any factor or reasoning to allow
work during night time hours if there exists a community benefit.
E.
Service trucks may work on equipment stored on site up to
9:00 p.m. Maintenance during other hours will be allowed if no ob-
jectionable noise is generated.
F.
Sand and gravel operations (mining), and agricultural operations are
exempt from this ordinance.
G.
Emergency Conditions. In case of emergency operations contact
must be made with the Building Official or the head of Public Works.
If neither of them can be reached notification must be made to the
police department.
H.
Definitions. For purposes of this section:
Ordinance No. 2005.22 amended para-
1. Site construction is the work relating to site improvements such
graph H by adding "For purposes of this sec -
as installation of utilities, on site curbs, parking lot surfaces, on
tion" to the introduction and deleting it from
site sidewalks, and all structures such as buildings, walls, signs
the definition of "Site construction"
and light poles.
2. Construction noise shall be considered any construction activity
that generates a level of noise that disturbs the peace or quiet of
any residence or that causes discomfort or annoyance to any
reasonable person of normal sensitivity residing within 500 feet
of the construction site.
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Title 11. Offenses
3. A notification as stated in section C shall be considered door
tags, letters or any written means of notification at least 24 hours
prior to early work start.
I. The penalty for violation of this section will be as provided in chap-
ter 11 -8 Penalties. Violation of this provision will be a class 1 mis-
demeanor and will be issued by the Marana police department upon
complaint and investigation finding probable cause to issue a ticket.
Chapter 11 -6 PUBLIC URINATION OR DEFECATION
Chapter 11 -6 was renumbered by Ordinance
It is unlawful for any person to urinate or defecate in a public place, or
No. 98.21
in any place exposed to public view, except in an established lavatory
or toilet.
Chapter 11 -7 STORAGE OF INOPERABLE OR UNLICENSED
Chapter 11 -7 was renumbered by Ordinance
VEHICLES
No. 98.21
Section 11 -7 -1 Unlawful activities
A. Where any inoperable or unlicensed motor vehicle or major compo-
nent of a motor vehicle is stored on a residential lot in the town for
more than thirty days, the vehicle or major components shall be
hidden from the view of individuals standing at ground level from
adjacent lots and streets by an appropriate fence, wall or landscap-
ing.
B. A major component of a motor vehicle shall be considered to be a
car or truck body, or parts of it with or without wheels, a car or truck
chassis, an engine block, transmission or axle with or without any
ancillary fixtures.
C. A residential lot shall be defined as any lot on which a residence
exists, as defined by the town's development code, or any vacant
lot adjacent to one or more lots on which a residence exists.
D. It is unlawful for any property owner or renter to cause or knowingly
permit the storage on property under his or her control of an inoper-
able or unlicensed motor vehicle or major components of a motor
vehicle for more than thirty days without screening those items from
view as required in this section. Each day of violation shall be con-
sidered as a separate offense, and each such vehicle or component
shall also constitute a separate offense.
Chapter 11 -8 UNATTENDED CHILD IN MOTOR VEHICLE;
Chapter 11 -8 was adopted by Ordinance
CLASSIFICATION; PENALTY
No. 2009.04 and renumbered existing chap-
ters 11 -8 and 11 -9.
Section 11 -8 -1 Prohibited conduct
It is unlawful to leave a child who is under eight years of age unat-
tended in a motor vehicle without supervision by another person who is
at least 12 years of age if either of the following applies:
A. The conditions tend to present a risk to the child's health, safety or
welfare; or
B. The motor vehicle engine is running or the key to the motor vehicle
is located in the passenger compartment of the motor vehicle.
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Title 11. Offenses
Section 11 -8 -2 Protection of children by town
A. Any peace officer is authorized to use whatever force is reasonable
and necessary to remove any child from a motor vehicle whenever
it appears that the child's life or health is endangered by extreme
temperatures, lack of ventilation or any other condition existing
within the motor vehicle.
B. No peace officer shall be liable for damages to property caused by
the use of reasonable force to remove a child from a motor vehicle
as described in this section.
Section 11 -8 -3 Diversion
In any case involving a person's first violation of this chapter, the
prosecutor may offer the: person the opportunity to complete a diver-
sion program in accordance with A. R.S. § 9- 500.22. Successful com-
pletion of the diversion program requirements shall result in the dis-
missal of the charge.
Section 11 -8 -4 Violation; .penalty
A violation of this chapter is a class 1 misdemeanor.
Chapter 11 -9 PENALTIES Chapter 11 -9 was renumbered by Ordinance
Section 11 -9 -1 General Nos. 2009.04 and 98.21
Any violation of this title other than section 11 -5 -2 shall be a class 1
misdemeanor.
Section 11 -9 -2 False alarms
Any violation of section 11 -5 -2 shall have the following penalties:
A. A civil sanction in an amount of not more than $250 may be as-
sessed against an alarm user for each false alarm which occurs in
any building, premises, structure or facility owned or controlled by
the alarm user;
B. A civil sanction in an amount of not more than $250 may be as-
sessed against the responsible alarm company for each false alarm
which occurs if the false alarm was occasioned due to the manner
of installation of the alarm by the responsible alarm company;
C. A civil sanction in an amount of not more than $250 may be as-
sessed against the responsible alarm company for each false alarm
which is occasioned by the failure of the responsible alarm com-
pany to properly service, maintain or monitor any alarm within the
town.
Section 11 -9 -3 Violation of section 11 -5 -3
Section 11 -8 -3 was adopted by Ordinance
A. A person found responsible for a first -time offense prohibited by No. 2002.12
section 11 -5 -3 shall be punished by a fine of not less than $500 or
more than $1,000.
B. A person found responsible for a second offense prohibited by sec-
tion 11 -5 -3 shall be punished by a fine or not less than $1,200 or
more than $1,500.
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Title 11. Offenses
C. A person found responsible of a third offense prohibited by section
11 -5 -3 shall be punished by a fine of not less than $2,000 or more
than $2,500.
D. No judge may suspend the minimum fine prescribed in this section,
upon a person found responsible of any offense prohibited by sec-
tion 11 -5 -3.
CHAPTER 11 -10 UNRULY RESIDENTIAL ACTIVITIES Chapter 11 -10 was renumbered by Ordinance
Section 11 -10 -1 Unruly esidential activities unlawful 2009.04, and adopted by Ordinance
y No. 2003.29
An unruly residential activity is an activity on property used for residen-
tial purposes which causes a disturbance of the quiet enjoyment of pri-
vate or public property by any person or persons, and shall be unlaw-
ful. Disturbances include, but are not limited to, excessive noise or traf-
fic, obstruction of public streets by crowds or vehicles, drinking in pub-
lic, the service of alcohol to minors or consumption of alcohol by mi-
nors, fighting, disturbing the peace, and littering. An unruly residential
activity may be abated by reasonable means including, but not limited
to, citation or arrest of violators under applicable ordinances or state
statutes.
Section 11 -10 -2 Notice of unruly residential activity — posting
A. The premises where the unruly residential activity occurs shall be
posted with a notice stating that an unruly residential activity has
occurred at the premises. The notice shall state the date of the un-
ruly residential activity, and that any subsequent unruly activity on
the same premises within a 120 -day period shall result in liability for
the penalties provided in this chapter. Parties liable include any
persons in attendance causing the unruly activity, or any owner, oc-
cupant or tenant of the premises where the unruly activity occurred,
or any sponsor of the event constituting the unruly activity. For pur-
poses of this chapter, the premises means the dwelling unit or units
where the unruly residential activity occurs.
B. Premises shall be posted with a notice as provided in this section
each time an unruly residential activity occurs. If premises are al-
ready posted at the time of a subsequent posting, the 120 -day pe-
riod from the date of the existing posting shall be extended to
120 days from the date of the subsequent posting. Once premises
are initially posted as a result of an unruly residential activity and
the unruly activity has ceased, a resumption of unruly activity on the
premises resulting in another police response shall constitute a new
and separate unruly residential activity for purposes of this chapter.
C. The owner, occupant, or tenant of the posted premises shall be re-
sponsible for ensuring that the notice is not removed, defaced, or
concealed. The removal, defacement, or concealment of a posted
notice shall be a civil infraction carrying a penalty of a minimum,
mandatory $100 fine, in addition to any other penalties which may
be imposed under this chapter. The owner, occupant or tenant of
the premises or sponsor of the unruly residential activity, if present,
shall be consulted about the location where the notice is posted to
achieve both the security of the notice and its prominent display.
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Title 11. Offenses
D. An owner, occupant, or tenant of the posted premises may contest
the posting of the notice by filing a written application for a hearing
with the Marana municipal court requesting that the court determine
whether justification existed for posting of the notice under the pro-
visions of this chapter. The application shall be filed within ten days
after the posting of the notice or, if the notice is given by mail, within
ten days after mailing of the notice, and not thereafter. The court
shall set a time and date for a hearing to be held no later than
15 days after receipt of the written application for a hearing and
shall notify both the applicant and the town's prosecutor of the hear-
ing date. At the hearing, the town shall prove by a preponderance of
evidence that the posting of the notice was justified pursuant to the
provisions of this chapter.
E. The term "owner" as used throughout this chapter includes any
agent of owner acting on behalf of the owner to control or otherwise
regulate the occupancy or use of the property.
Section 11 -10 -3 Notification of property owner
Notification of the posting of the notice of unruly residential activity
shall be mailed to any property owner at the address shown on the
Pima County property tax assessment records. The notification shall
advise the property owner that any subsequent unruly activity within
120 days on the same premises shall result in liability of the property
owner for all applicable penalties as provided in this chapter. Notifica-
tion shall be made by certified mail. The return receipt shall be prima
facia evidence of service.
Section 11 -10 -4 Subsequent unruly residential activity a civil
infraction; parties liable
A. The occurrence of an unruly residential activity on the same prem-
ises more than once in any 120 -day period shall be a civil infraction.
The following parties, if found responsible for the infraction, shall be
liable for the penalties provided in section 11 -9 -5.
1. The owner of the property where the unruly residential activity
occurred, provided that notification of posting was mailed to the
owner of the property as provided in section 11 -9 -3 and that the
unruly residential activity occurred not less than two weeks after
the mailing of the notification.
2. The owner, occupant, or tenant of the property where the unruly
residential activity occurred.
3. The person or persons who organized or sponsored the event
constituting the unruly residential activity.
4. Any person in attendance at the unruly residential activity who
engaged in any conduct causing the activity to be unruly.
B. Nothing in this section shall be construed to impose liability on the
owner, occupant, or tenant of the premises or sponsor of the event
constituting the unruly residential activity, for the conduct of persons
who are in attendance without the express or implied consent of the
owner, occupant, tenant, or sponsor, as long as the owner, occu-
pant, tenant or sponsor has taken all steps reasonably necessary to
exclude the uninvited persons from the premises, including owners
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Title 11. Offenses
who are actively attempting to evict a tenant from the premises.
Where an invited person engages in unlawful conduct which the
owner, occupant, tenant or sponsor could not reasonably foresee
and could not reasonably control without the intervention of the po-
lice, the unlawful conduct of the person shall not be attributable to
the owner, occupant, tenant or sponsor for the purposes of deter-
mining liability under this section.
Section 11 -10 -5 Penalties
A. The penalty for a party found responsible for the occurrence of a
subsequent unruly residential activity, as provided in section 11 -9 -4,
shall be a minimum mandatory fine of $500 for a first violation, a
minimum mandatory fine of $1,000 for a second violation, and
minimum mandatory fines of $1,500 for each third or subsequent
violation.
B. The civil fines provided in this section shall be in addition to any
other penalties imposed by law for particular violations of law com-
mitted during the course of an unruly residential activity.
C. The court may also enter an order of abatement against a party
found responsible for a violation of this chapter.
Section 11 -10 -6 Enforcement
The police department is authorized to enforce the provisions of this
chapter provided that enforcement is initiated by a complaint from a
member of the public. The complaining member of the public shall not
necessarily be required to appear in court before a violator may be
found responsible.
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Title 11. Offenses
Title 12
CHAPTER 12 -1
CHAPTER 12 -2
CHAPTER 12 -3
CHAPTER 12 -4
CHAPTER 12 -5
CHAPTER 12 -6
CHAPTER 12 -7
CHAPTER 12 -8
CHAPTER 12 -9
Traffic and Highways
ADMINISTRATION .................................................................. ..............................1
TRAFFIC CONTROL ............................................................... ..............................1
PARKING ................................................................................ ............................... 5
OFF -ROAD MOTOR VEHICLE USE ...................................... .............................10
IMPOUNDMENT OF VEHICLES ............................................ .............................12
BICYCLE HELMETS FOR MINORS ...................................... .............................14
CONSTRUCTION IN TOWN RIGHTS -OF- WAY .................... .............................15
SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS FROM
OCCUPANTS OF VEHICLES TRAVELING ON TOWN STREETS OR
HIGHWAYS .......................................................................... ............................... 22
OTHER PENALTIES ............................................................ ............................... 22
{00001471. DOC / 21}
Title 12. Traffic
TITLE 12. TRAFFIC AND HIGHWAYS
Title 12 ( "Traffic') was adopted by Ordinance
Chapter 12 -1 ADMINISTRATION No. 96.17, and was renamed "Traffic and
Highways" by Ordinance No. 2008.04
Section 12 -1 -1 Duty of police department
A. It shall be the duty of the police department to provide for the en-
forcement of the street traffic regulations of the town and all of the
state vehicle laws applicable to street traffic in the town, to make ar-
rests for traffic violations, to investigate accidents and to assist in
developing ways and means to improve traffic conditions, and to
carry out all duties specially imposed upon the police department by
this title.
B. Any peace officer or duly authorized agent of the town may stop and
detain a person as is reasonably necessary to investigate an actual or
suspected violation of this title and to serve a copy of the traffic com-
plaint for any alleged civil or criminal violation of this title.
Section 12 -1 -2 Records of traffic violations
A. The police department shall keep a record of all violations of the
traffic laws of the town or of the state vehicle laws of which any per-
son has been charged, together with a record of the final disposition
of all alleged offenses. The record shall accumulate during at least
a five year period and from that time on the record shall be main-
tained complete for at least the most recent five year period.
B. All forms for records of violations and notices shall be serially num-
bered. For each month and year, a written record shall be main-
tained complete for at least the most recent five year period.
Section 12 -1 -3 Police department to investigate accidents
It shall be the duty of the police department to investigate traffic acci-
dents and to arrest and assist in the prosecution of those persons
charged with violations of law causing or contributing to those acci-
dents.
Section 12 -1 -4 Traffic accident studies
Whenever the accidents at any particular location become numerous,
the police department shall conduct studies of those accidents and de-
termine remedial measures.
Chapter 12 -2 TRAFFIC CONTROL
Section 12 -2 -1 Directing traffic
A. The police department is hereby authorized to direct all traffic by
voice, hand or signal.
B. Officers of authorized fire departments, when at the scene of an
emergency, may direct or assist the police department in directing
traffic thereat or in the immediate vicinity.
Section 12 -2 -2 Traffic control devices
A. The town shall place and maintain traffic control devices, signs and
signals when and as required under the traffic regulations of the
town to make effective the provisions of the regulations, and may
place and maintain such additional traffic control devices as neces-
MARANA TOWN CODE 12 -1 4130109
{00001471.DOC121)
Title 12. Traffic
sary to regulate traffic under the traffic laws of the town or under
state law or to guide or warn traffic.
B. The driver of any vehicle shall obey the instructions of any official
traffic control device placed in accordance with the traffic regula-
tions of the town unless otherwise directed by the chief of police or
member of the police department, subject to the exceptions granted
in this title or by state law.
Section 12 -2 -3 Traffic preemptor devices
It shall be unlawful for any person not authorized by the town engineer
to utilize, alter or interfere with any preemptor device to control an offi-
cial traffic control device within the town limits.
Section 12 -2 -4 Crosswalks; safety zones; traffic lanes
A. The town engineer or his or her designee is hereby authorized:
1. To designate by appropriate devices, marks or lines upon the
surface of the roadway, crosswalks at intersections where, in his
or her opinion, there is particular danger to pedestrians crossing
the roadway, and at any other places as he or she may deem
necessary;
2. To establish safety zones of the kind and character and at the
places as he or she deems necessary for the protection of pe-
destrians;
3. To mark lanes for traffic on street pavement at any place he or
she deems advisable, consistent with the traffic laws of the town
and the state;
4. The council may adopt further rules and regulations from time to
time as they deem necessary for the safety and efficient use of
the town roads by the public.
Section 12 -2 -5 Authority to place and obedience to turning
markers
A. The town engineer or his or her designee is authorized to place
markers, buttons or signs within or adjacent to intersections indicat-
ing the course to be traveled by vehicles turning at those intersec-
tions, and the course to be traveled as so indicated may conform to
or be other than as prescribed by law.
B. When authorized markers, buttons or other indications are placed
within an intersection indicating the course to be traveled by vehi-
cles turning thereat, no driver of a vehicle shall disobey the direc-
tions of those indications.
Section 12 -2 -6 Authority to place and obedience to restricted
turn signs
A. The town engineer or his or her designee is hereby authorized to
determine those intersections where drivers of vehicles shall not
make a right, left or u turn and shall have proper signs placed at
those intersections. The making of those turns may be prohibited
between certain hours of any day and permitted at other hours, if
the limitations are clearly indicated on the signs or if the signs are
removed when the turns are permitted.
MARANA TOWN CODE 12 -2
{00001471.DOC121)
The last sentence of paragraph A was rewrit-
ten by Ordinance No. 2005.22
4/30/09
Title 12. Traffic
B. Whenever authorized signs are erected indicating that no right or
left or U -turn is permitted, no driver of a vehicle shall disobey the di-
rections of the sign.
Section 12 -2 -7 One -way streets and alleys
A. The council shall by resolution designate any streets or alleys which
are to be limited to one -way traffic.
B. When any resolution of the council designates any one -way street
or alley, the town shall place and maintain signs giving notice of it,
and no such regulation shall be effective unless the signs are in
place. Signs indicating the direction of lawful traffic movement shall
be placed at every intersection where movement of traffic in the op-
posite direction is prohibited.
Section 12 -2 -8 Regulation of traffic at intersections
A. The council shall by resolution designate through streets, intersec-
tions where stops are required, and intersections where vehicles
shall yield the right of way.
B. When any resolution of the council shall designate any through
street or intersection where vehicles are to stop or yield the right of
way, the town engineer or his designee shall erect and maintain the
appropriate signs at every location where a vehicle must stop or
yield the right of way.
C. Whenever any laws of the town designate and describe a through
street, it shall be the duty of the town to place and maintain a stop
sign on each and every street intersecting the through street or in-
tersecting that portion of it described and designated as such by the
laws of the town.
Section 12 -2 -9 Drivers to obey signs
Whenever traffic signs are erected as provided in this title, every driver
of a vehicle shall obey the signs unless directed to proceed by the
chief of police, a member of the police department or a traffic control
signal. No driver shall drive upon or through any private property such
as a gas station, vacant lot or similar property to avoid obedience to
any regulation included in this title.
Section 12 -2 -10 Processions
A. No procession or parade, except funeral processions, shall be held
without first securing a permit from the chief of police, and all re-
quests for permits shall state the time, place of formation, proposed
line of march, destination and any other regulations the chief of po-
lice sets forth in the permit.
B. A funeral procession composed of a procession of vehicles shall be
identified by the methods determined and designated by the chief of
police.
C. No driver of a vehicle shall drive between the vehicles comprising a
funeral or other authorized procession while they are in motion and
when the vehicles are conspicuously a part of the procession.
D. Each driver in a funeral or other procession shall drive as near to
the right hand edge of the roadway as practical and shall follow the
vehicle ahead as close as is practical and safe.
MARANA TOWN CODE 12 -3 4130109
{00001471. DOC / 21}
Title 12. Traffic
Section 12 -2 -11 Speed limits
A.
Reasonable and prudent maximum speed limits on roadways lo-
Paragraph A was amended by Ordinance
cated within the town limits are set forth on the town speed zone
No. 2006.31. Click on the following hyperlink
map and accompanying table, adopted and amended from time to
to see the current speed zone map and table
time by resolution of the council, upon recommendation by the town
(Note: These may take a moment to
engineer and based on nationally- accepted traffic engineering stan-
download.)
dards.
B.
Any peace officer or duly authorized agent of the town may stop and
detain a person as is necessary to investigate an actual or sus-
pected violation of title 28, Arizona Revised Statutes, or this section,
and to serve a copy of the traffic complaint for any alleged civil or
criminal violation of this title.
Section 12 -2 -12 Speed limits in areas undergoing roadway
section 12 -2 -12 was added by Ordinance
construction
No. 2008.08
A.
It shall be unlawful for a person to drive at a speed greater than the
speed posted in an area undergoing roadway construction.
B.
As used in this section, "roadway construction" means the construc-
tion, reconstruction or maintenance of any road by town employees
or any contractor or subcontractor performing such construction, re-
construction or maintenance at the direction of the town.
C.
The town engineer or the town engineer's authorized representative
is hereby authorized to establish temporary reduced speed limits in
areas undergoing roadway construction. The temporary reduced
speed limits shall be implemented when the town engineer or the
town engineer's authorized representative determines, based on an
engineering and traffic investigation, that the permanent speed lim-
its in the area under construction are not reasonable and safe while
the roadway construction is taking place.
D.
Any temporary reduced speed limit established by the town engi-
neer or the town engineer's authorized representative shall be ef-
fective only for the duration of the roadway construction.
E.
The temporary reduced speed limits shall be effective when all of
the following has taken place:
1. A work order authorizing a temporary construction zone speed
limit is signed by the town engineer or the town engineer's au-
thorized representative and filed in the town clerk's office.
2. Speed limit signs with the temporary reduced speed limit are
erected in a clearly visible manner in the area undergoing con-
struction.
3. The permanent speed limit signs in the area undergoing con-
struction are temporarily removed, covered or turned.
F.
Any person found responsible for speeding in excess of a posted
temporary reduced speed limit shall be fined $250 for each viola-
tion. No judge may suspend any portion of the fine prescribed in
this paragraph.
G.
Any person found responsible for speeding in excess of the perma-
nent posted speed limit in an area undergoing roadway construction
where a temporary reduced speed limit has not been posted shall
4130109
MARANA TOWN CODE 12 -4
{00001471.DOC121)
Title 12. Traffic
be fined $250 for each violation. No judge may suspend any por-
tion of the fine prescribed in this paragraph.
Section 12 -2 -13 School crossings
School crossings shall be established and marked in front of each
g
section 12 -2 -13 was re- numbered by Ordi-
nance No. 2008.08
school building and grounds in conformity with the provisions of A.R.S.
§ 28 -797.
Section 12 -2 -14 Railroad crossings
Section 12 -2 -14 was adopted by Ordinance
A. No person shall stop, stand or park any motor vehicle or other vehi-
No. 2001.07 and re- numbered by Ordinance
No. 2008.08
cle within a railroad grade crossing, even if the stop is temporary in
nature or caused by traffic congestion.
B. No person shall drive any vehicle through, around, or under any
crossing gate or barrier at a railroad grade crossing while the gate
or barrier is closed, or is in the process of opening or closing, to any
degree.
C. As used in this section, the term "railroad grade crossing" shall be
defined as follows. Where railroad crossing gates exist, the "railroad
grade crossing" shall be that area between the two gates, whether
the gates are raised or lowered. Where no railroad crossing gates
exist, the "railroad grade crossing" shall be that area within ten feet
of the railroad tracks, on each side of the tracks.
Section 12 -2 -15 Violations — chapter 12 -2; penalty
section 12 -2 -15 was added by Ordinance
A. Any violation of chapter 12 -2 shall be a civil traffic violation unless
No. 2006.31 and revised and re- numbered by
Ordinance No. 2008.08. The cross-reference in
otherwise designated in this title or under state law.
paragraph C was corrected on September 4,
B. Any person found responsible for a civil violation of chapter 12 -2
2008 by the town attorney as a scrivener's er-
ror under the authority of Ordinance
shall be fined not more than $250 for each violation.
No. 2008.16
C. A person convicted of violating section 12 -2 -14 is guilty of a class 1
misdemeanor.
Chapter 12-3 PARKING
See Ordinance No. 94.12 for prior history of
chapter 12 -3
Section 12 -3 -1 Definitions.
Section 12 -3 -1 was added by Ordinance
The following definitions shall apply throughout this chapter:
No. 2006.31
A. "Handicap parking space" means any specially designated and
marked parking space provided in accordance with section 12 -3 -6
for physically disabled persons.
B. "Parking" means the standing of a vehicle, whether occupied or not.
Parking does not include a temporary stop for the purpose of and
while actually engaged in loading or unloading.
C. "Right -of -way" means the entire width between boundary lines of
every way set apart for public travel when any part of it is open to
the use of the public for purposes of vehicular travel.
D. "Sale" means any transfer of title or possession or both, for consid-
eration. Sale includes any exchange, or barter, conditional or oth-
erwise, in any manner or by any means whatsoever, including con-
signment transaction and auctions of property.
E. "Vehicle" means every device by which any person or property is or
may be transported or drawn on a street or highway.
MARANA TOWN CODE 12 -5 4130109
{00001471.DOC121)
Title 12. Traffic
Section 12 -3 -2 Method of parking
Section 12 -3 -2 was renumbered by Ordinance
A.
Except as otherwise authorized by posted regulatory signs, every
No. 2006.31, which added paragraphs 8 and C
and modified paragraph A
vehicle stopped or parked upon a roadway where there are adja-
cent curbs shall be stopped or parked with the right hand wheels of
the vehicle parallel to and within 18 inches of the right hand curb.
B.
Where authorized by posted regulatory signs, vehicles may be
parked with the left -hand wheels adjacent to and within eighteen
inches of the left -hand curb of a one -way roadway.
C.
Where authorized by posted regulatory signs, angle parking is per-
mitted on any roadway. This paragraph shall not apply on any fed-
eral aid highway or state highway unless the director of the Arizona
department of transportation has determined by resolution or order
that the roadway is of sufficient width to permit angle parking with-
out interfering with the free movement of traffic.
Section 12 -3 -3 Blocking traffic
Section 12 -3 -3 was renumbered and substan-
A.
It shall be a civil infraction for any p p person to stop, p Y stand or ark an
tially modified by Ordinance No. 2006.31
motor vehicle or other vehicle on the paved or main traveled part of
a public roadway so as to leave available less than ten feet of the
width of the public roadway for the free movement of vehicular traf-
fic.
B.
On a public roadway with yellow centerline markings, it shall be a
civil infraction for any person to stop, stand or park any motor vehi-
cle or other vehicle on the paved or main traveled part of a public
roadway so as to leave available less than ten feet of the width of
roadway between the yellow centerline markings and the curb on
the same side of the centerline markings as the parked vehicle for
the free movement of vehicular traffic.
C.
It shall be a civil infraction for any person to stop, stand or park any
motor vehicle or other vehicle on the paved or main traveled part of
a public roadway outside of a business or residence district unless
the vehicle is clearly visible from a distance of 200 feet in each di-
rection on the roadway.
D.
This section does not apply to:
1. The driver of a vehicle that is stopped temporarily when loading
or unloading passengers or in the observance of traffic signs or
police officer instructions.
2. The driver of a vehicle that is disabled while on the paved or
main traveled portion of a highway in a manner and to an extent
that it is impossible to avoid stopping and temporarily leaving the
disabled vehicle in that position.
3. A vehicle or the driver of a vehicle engaged in the official delivery
of the United States mail that stops on the right -hand side of the
highway for the purpose of picking up or delivering mail if the fol-
lowing conditions are met:
a. A clear view of the vehicle is available from a distance of 300
feet in each direction on the roadway or a flashing amber light
at least four inches in diameter with the letters "stop" printed
on the light is attached to the rear of the vehicle.
MARANA TOWN CODE 12 -6 4130109
{00001471.DOC121)
Title 12. Traffic
b. The vehicle has a uniform sign that:
i. Is at least fourteen inches in diameter.
ii. Is approved by the Arizona department of transportation.
iii. Has the words "U.S. Mail" printed on the sign.
iv. Is attached to the rear of the vehicle.
Section 12 -3 -4 Stopping, standing or parking prohibitions
Section 12 -3 -4 was added by Ordinance
Except if necessary to avoid conflict with other traffic or if in compli- No. 2006.31. Former Section 12 -3 -4 entitled
ance with law or the directions of a police officer or traffic control de- "Parking vehicles on sidewalks," was deleted.
vice, it shall be a civil infraction for any person to stop, stand or park a
vehicle in any of the following places:
A. On a sidewalk.
B. In front of a public or private driveway, except that this paragraph
does not apply to a vehicle or the driver of a vehicle in the following
situations:
1. When loading or unloading materials in a way that does not block
the driveway to the free movement of vehicular traffic.
2. When engaged in the official delivery of the United States mail if
both of the following apply:
a. The driver does not leave the vehicle.
b. The vehicle is stopped only momentarily.
C. Within an intersection.
D. Within fifteen feet of a fire hydrant.
E. On or within 20 feet of a crosswalk.
F. Within 30 feet on the approach to any flashing beacon, stop sign,
yield sign or traffic control signal located at the side of a roadway.
G. Between a safety zone and the adjacent curb or within 30 feet of
points on the curb immediately opposite the ends of a safety zone,
unless otherwise authorized by posted regulatory signs.
H. Within 50 feet of the nearest rail or a railroad crossing or within
eight feet six inches of the center of any railroad track, except while
a motor vehicle with motive power attached is loading or unloading
railroad cars.
I. Within 20 feet of the driveway entrance to a fire station.
J. Alongside or opposite a street excavation or obstruction when stop-
ping, standing or parking would obstruct traffic.
K. On the roadway side of a vehicle stopped or parked at the edge or
curb of a street.
L. On a bridge or other elevated structure on a public road or within a
tunnel.
M. At any place where official signs prohibit parking, standing or stop-
ping.
MARANA TOWN CODE 12 -7 4130109
{00001471.DOC121)
Title 12. Traffic
N. On a controlled access highway except for emergency reasons or
except in areas specifically designated for parking such as rest ar-
eas.
O. Within an alley except when loading or unloading materials in a way
that does not block the alley to the free movement of vehicular traf-
fic.
P. Within 50 feet of a public transit bus stop.
Section 12 -3 -5 Authority to erect signs restricting parking
The town engineer may erect signs requiring parking at an angle to the
Section 12 -3 -5 was renumbered and substan-
tially modified by Ordinance No. 2006.31
curb, allowing parking on the left hand curb on one -way streets, notify-
ing drivers that parking is prohibited and restricting parking in any way
that may be necessary. No parking restrictions authorized by this sec-
tion shall become effective until signs have been erected. Signs need
not be erected before enforcement of parking restrictions adopted by
other sections of this chapter. It shall be a civil infraction for any person
to stop or park a vehicle in disobedience to the parking restrictions.
Section 12 -3 -6 Stopping, standing or parking in handicap
section 12 -3 -6 was renumbered and slightly
parking space
modified by Ordinance No. 2006.31
A. Except as provided in subsection D of this section, no person may
stop, stand or park a motor vehicle within a handicap parking space
unless the motor vehicle is transporting a person eligible for the dis-
tinguishing insignia placard or number plates bearing the interna-
tional wheelchair symbol, and either:
1. The motor vehicle displays the distinguishing insignia placard; or
2. The motor vehicle displays number plates bearing the interna-
tional wheelchair symbol.
B. In any prosecution charging a violation of any of the provisions of
this chapter governing the standing or parking of a vehicle, the per-
son in whose name the vehicle is registered shall be prima facie re-
sponsible for the violation and subject to the penalty for it.
C. If a law enforcement officer employed by the town finds a motor ve-
hicle in violation of this section, the officer shall issue a complaint
which shall be attached or placed upon the vehicle which is unlaw-
fully parked.
D. Any person who is chauffeuring a physically disabled person shall
be allowed, without a distinguishing insignia placard or number
plates bearing the international wheelchair symbol, to park momen-
tarily in a handicap parking space for the purpose of loading or
unloading the physically disabled person. No complaint shall be is-
sued to the driver for that momentary parking.
E. Handicap parking spaces shall be designated on privately owned
property as provided by the town land development code. Each
handicap parking space shall be prominently outlined with paint and
posted with a permanent sign located not less than three feet or
more than six feet above the grade and of a color and design ap-
proved by the Arizona department of transportation bearing the in-
ternationally accepted wheelchair symbol and the caption "reserved
parking ". The designation of handicap parking spaces as provided
4130109
MARANA TOWN CODE 12 -8
{00001471.DOC121)
Title 12. Traffic
in this chapter or as required pursuant to the town land develop-
ment code shall authorize police officers, and other duly authorized
agents, to enforce the provisions of this section and shall constitute
a waiver of any objection by the owner or person in possession of
the property to the enforcement of this section, and the owner or
person in possession shall be deemed to have consented by that
designation.
F. The chief of police is authorized to institute a volunteer handicap
parking enforcement specialist program in which special volunteers
are authorized to issue citations only to persons who violate this
section.
Section 12 -3 -7 Law enforcement exception
The stopping, standing or parking restrictions provided in this chapter
Section 12 -3 -7 was added by Ordinance No. 2006.31
do not apply to a police or peace officer when the stopping, standing or
parking is for the purpose of actual performance of a law enforcement
duty.
Section 12 -3 -8 Unarmed police parking enforcement aides
Section 12 -3 -8 was renumbered and modified
The police department may employ unarmed police parking enforce-
by Ordinance No. 2006.31
ment aides empowered to commence an action or proceeding pursu-
ant to chapter 5 -7 of the town code for any violation of vehicle standing
or parking regulations. The authority of the unarmed police parking en-
forcement aide shall be strictly limited to the enforcement of vehicle
standing or parking regulations. They are not granted any other pow-
ers or benefits to which peace officers of the town are entitled.
Section 12 -3 -9 Parking within right -of -way to display vehicle or
goods for sale
Section 12 -3 -9 was added by Ordinance
No. 2006.31
It shall be a civil infraction to park a vehicle within any Town of Marana
right -of -way for the purpose of:
A. Displaying the vehicle for sale; or
B. Displaying advertising; or
C. Displaying goods for sale.
Section 12 -3 -10 Parking on public land to display vehicle for sale
section 12 -3 -10 was added by Ordinance
It shall be a civil infraction to park a vehicle upon land owned by the
No. 2006.31
town or by any other government agency for the purpose of displaying
the vehicle for sale.
Section 12 -3 -11 Presumption of liability
Section 12 -3 -11 was added by Ordinance
A. The display of any signs or other markings indicating that a vehicle
No. 2006.31
is for sale shall be prima facie evidence that the vehicle has been
parked for the purpose of sale.
B. Whenever a vehicle is parked in violation of this chapter, the regis-
tered owner of the vehicle and the person who parked the vehicle
where the violation occurred are jointly and severally responsible for
the violation.
MARANA TOWN CODE 12 -9 4130109
{00001471.DOC121)
Title 12. Traffic
Section 12 -3 -12 Truck, trailer and recreational vehicle parking
section 12 -3 -12 was added by Ordinance
restrictions
No. 2006.31
A. Commercial trucks and oversized vehicles shall not be parked on a
residential -area public street at any time, except while actively car-
rying on the activity for which the truck or vehicle is designed, in-
cluding by way of example and not limitation:
1. A moving truck while loading or unloading.
2. A tradesman's work truck while the trade is being undertaken.
3. Construction vehicles during construction.
B. The following shall not be parked on a residential -area public street
for more than 72 consecutive hours:
1. Vehicles with a trailer attached.
2. Trailers unattached from vehicles.
3. Recreational vehicles 20 feet or more in length.
C. For purposes of this section, the term "residential -area public street"
shall mean any street within or contiguous to land zoned or used
primarily for single family or multi - family residential uses.
Section 12 -3 -13 Violations — chapter 12 -3; penalty
Section 12 -3 -13 was renumbered and modified
A. Any violation of chapter 12 -3 shall be a civil traffic violation.
by Ordinance No. 2006.31
B. Any person found responsible for violating any provision of chap-
ter 12 -3 shall be fined not more than $250 for each violation.
Chapter 12 -4 OFF -ROAD MOTOR VEHICLE USE
Ordinance No. 2003.09 modified the title of
Section 12 -4 -1 Definitions
chapter 12 -4 from "Off -road recreational mo-
tor vehicles"
In this chapter, unless the context otherwise requires:
A. "Off -road recreational vehicle" means two -, three- and four -wheel
section 12 -4 -1 was rewritten by Ordinance
motor vehicles manufactured or converted for recreational non high-
No. 2003.09
way all terrain travel.
B. "Operate" means driving or having actual physical control over the
vehicle or off -road recreational vehicle.
C. "Private lands" or "privately owned" lands means any land other
than public lands.
D. "Public lands" or "publicly owned" lands means any land owned by
any government entity or agency, including federal, state and local
governments.
E. "Vehicle" means any motor vehicle other than an off -road recrea-
tional vehicle.
F. "Wash" or "riverbed" means a water course having beds, banks,
sides and channels through which either waters currently flow or
through which flood waters flow periodically, and its adjoining flood -
plain terraces.
Section 12 -4 -2 Prohibited uses
Ordinance No. 2003.09 added subpara-
A. No person shall operate an off -road recreational vehicle:
graph (A) (8) and paragraph 8 and made
other minor revisions to section 12 -4 -2
MARANA To wN CODE 12 -10
{00001471.DOC121)
Title 12. Traffic
1. Upon any portion of any publicly owned wash or riverbed within
the town except to cross the wash or riverbed from one bank to
another within the boundaries of an existing, clearly defined
highway, street, road, primitive roadway, trail or traveled way; or
2. Upon privately owned lands without notarized written consent of
the owner, the owner's agent or the person in lawful possession
of the property. The written consent shall be kept in a person's
possession while operating an off -road recreational vehicle and
shall be shown upon the request of a peace officer; or
3. So as to knowingly cause or contribute to visible dust emissions
which then cross property lines into a residential, recreational,
institutional, educational, retail sales, hotel or business premises;
or
4. At a speed greater than is reasonable and prudent under the cir-
cumstances, conditions and actual and potential hazards then
existing. In every event, speed shall be so controlled as may be
necessary to avoid colliding with any object, person, animal life
or other off -road recreational vehicle so as to comply with the
duty of all persons to exercise reasonable care for the protection
of others; or
5. So as to damage landscaping on public or private lands, or to
create significant erosion on those lands; or
6. In a way that causes excessive noise that disturbs the peace and
quiet of a residential area to the extent that a noise complaint is
made to the police department; or
7. Unless all persons under the age of 17 years riding in or upon the
off -road recreational vehicle shall wear adequate protective
headgear; or
8. On any property owned or leased by the town other than a public
roadway, unless specifically authorized in writing by the town or
expressly allowed by this chapter.
B. No person shall operate a vehicle:
1. Upon any portion of any publicly owned wash or riverbed within
the town except to cross the wash or riverbed from one bank to
another within the boundaries of an existing, clearly defined
highway, street, road, primitive roadway, trail or traveled way; or
2. Upon privately owned lands without notarized written consent of
the owner, the owner's agent or the person in lawful possession
of the property. The written consent shall be kept in a person's
possession while operating a vehicle and shall be shown upon
the request of a peace officer. This provision shall not apply to
vehicles traveling upon driveways leading from a public street or
highway to a private residence; or
3. So as to knowingly cause or contribute to visible dust emissions
which then cross property lines into a residential, recreational,
institutional, educational, retail sales, hotel or business premises;
or
MARANA TOWN CODE 12 -11
{00001471.DOC121)
4/30/09
Title 12. Traffic
4. So as to damage landscaping on public or private lands, or to
create significant erosion on those lands; or
5. On any property owned or leased by the town other than a public
roadway, unless specifically authorized in writing by the town or
expressly allowed by this chapter.
Section 12 -4 -3 Identification and proof of ownership
A. All operators of off -road recreational vehicles shall carry proof of
ownership, or a rental agreement and a driver's license while oper-
ating off -road recreational vehicles and shall show those documents
upon the request of a peace officer. If an operator is unlicensed,
then recent picture identification shall be carried.
B. For the purposes of this section, identification for minors may in-
clude a school picture identification with school or home address or
a notarized statement consisting of the minor's physical description
and home address which is signed by a parent or guardian.
Section 12 -4 -4 Exempt uses
Ordinance No. 2003.09 amended the intro -
The provisions of this chapter shall not apply to a vehicle or an off -road
ductory paragraph of section 12 -4 -1 to add
recreational vehicle being used for:
"or an off -road recreational vehicle"
A. Ranching or agricultural purposes;
B. Grading, construction or building trade purposes;
C. Mining purposes;
D. Licensed off -road business operations such as land surveying, pub-
lic utility companies, sand and gravel operations and other similar
enterprises;
E. Authorized emergency vehicle including towing services;
F. Governmental purposes by a government employee;
G. Golf carts on golf courses.
Section 12 -4 -5 Exempt locations
The provisions of this chapter shall not apply:
A. To vehicle or off -road recreational vehicle operators on their own
property, except when creating dust emissions as set forth in sec-
Ordinance No. 2003.09 amended para-
"or
tion 12- 4- 2(A)(3) or section 12- 4- 2(B)(3).
graph A to add section 12 -4- 2(8)(3)"
B. On any dedicated public highway, street, road, alley or parking lot
generally open to the public for the purpose of vehicular travel if
properly licensed to use the roadway.
Section 12 -4 -6 Violations — chapter 12 -4; penalty
Section 12 -4 -6 was renumbered and modified
A. Any violation of chapter 12 -4 shall be a civil traffic violation.
by Ordinance No. 2006.31
B. Any person found responsible for violating any provision of chap-
ter 12 -4 shall be fined not more than $250 for each violation.
Chapter 12 -5 IMPOUNDMENT OF VEHICLES
Section 12 -5 -1 Police authorization to impound vehicles
A. The police department may take in charge, remove and keep in its
custody under the direction of the chief of police or cause to be
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Title 12. Traffic
towed to and stored in a public storage facility, vehicles in the fol-
lowing circumstances:
1. Any unoccupied vehicle of any kind or description found violating
any town ordinances, this code or the laws of the state regulating
the standing or parking of vehicles;
2. When any person is arrested and taken into custody while in pos-
session of a motor vehicle;
3. Pending forfeiture action as prescribed by A.R.S. § 3 -3413,
§ 13 -2301 or § 13 -4305 or other applicable statutes;
4. When a vehicle is left unattended upon any bridge, viaduct or
crossway, or in any tube or tunnel where the vehicle constitutes
an obstruction of traffic;
5. When a vehicle upon a highway or street is so disabled as to
constitute an obstruction to traffic and the person in charge of the
vehicle is by reason of physical injury incapacitated so as to be
unable to provide for its custody or removal;
6. When the vehicle is left unattended upon a street or alley and is
parked illegally or constitutes a hazard or obstruction to the nor-
mal movement of traffic;
7. When the vehicle is left unattended upon a public street, highway
or other public property for a period in excess of forty -eight
hours;
8. When any person is cited for a violation of A.R.S. § 28 -692,
§ 28 -411 § 28- 422.01, § 28 -471, § 28 -473 or § 28 -1075, and the
person cited does not have a licensed driver capable of safely
driving the vehicle available and gives permission for it.
Section 12 -5 -2 Notice of impoundment
A. Whenever an officer removes a vehicle from the street and the offi-
cer knows or is able to ascertain from the registration records in the
vehicle the name and address of the vehicle owner, the officer shall
immediately give or cause to be given notice telephonically, in per-
son or in writing to the owner of the fact of the removal and the rea-
sons for it, and of the place where vehicle has been taken.
B. Whenever an officer removes a vehicle from the street and does not
know and is not able to ascertain the name of the owner, or for any
other reason is unable to give the notice to the owner as provided in
subsection A of this section, and the vehicle is not claimed by the
owner within a period of three days, the officer shall send or cause
to be sent a written report of the removal by mail to the Motor Vehi-
cle Division of the State Department of Transportation and shall file
a copy of the notice with the proprietor of the public garage in which
the vehicle is stored, in accordance with the police department's
rules and regulations. The notice shall include a complete descrip-
tion of the vehicle, the date, time and place from which removed,
the reasons for the removal, and the name of the garage or place
where the vehicle is stored.
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Title 12. Traffic
Section 12 -5 -3 Return of impounded vehicle
A. Unless the vehicle is being held for forfeiture proceedings or unless
the vehicle is being held as evidence in a pending criminal case, the
police department shall allow the return to the owner of the im-
pounded vehicle when the owner has furnished evidence of identity
and ownership and signed a receipt. The owner shall be required to
pay any towing and storage fees which have accrued. If the vehicle
is stored on town property, the storage fee payable to the town shall
be $25 plus $10 per day or any fraction of a day the vehicle is kept
in the custody of the police department. Payment of any towing and
storage fees shall not release the owner or driver of the vehicle of
any other penalty which may be imposed for any violation of town
ordinances, this code, state or federal laws.
B. If forfeiture proceedings are initiated and later discontinued, the ve-
hicle will be released to the vehicle owner upon payment of the tow-
ing and storage fees as set forth in subsection A of this section.
C. If a vehicle is being held as evidence in a pending criminal case, at
the final conclusion of that criminal case (together with the conclu-
sion of all available appeals) the vehicle shall be returned to the
owner of the vehicle, subject to the payment of all towing and stor-
age fees as set forth in subsection A of this section.
Section 12 -5 -4 Sale of impounded vehicles
If an impounded vehicle is not redeemed by its owner or agent within
thirty days after it is subject to be released, it shall be sold for the
charges and costs set forth section 12- 5 -3(A), in the manner provided
by A.R.S. § 28 -1401 et seq. This remedy is cumulative of all other
penalties provided by this chapter.
Chapter 12 -6 BICYCLE HELMETS FOR MINORS
Section 12 -6 -1 Requirements for helmet use
A. General: no person under 18 years of age shall ride a bicycle or be
a passenger on a bicycle, ride in a restraining seat attached to a bi-
cycle, or ride in a device towed by a bicycle without wearing a hel-
met which meets the current standards of the American National
Standards Institute for protective headgear.
B. Bicycle renters and sellers: it shall be unlawful for any person to rent
or lease any bicycle to or for the use of a person under the age of
18 years unless:
1. The person is in possession of a protective helmet meeting the
standards set out in section 12 -6 -1 (A) at the time of the rental or
lease; or
2. The rental or lease includes a protective bicycle helmet meeting
the standards set out in section 12 -6 -1 (A) and the person agrees
to wear the helmet at all times while operating or riding as a pas-
senger on the bicycle.
C. Written explanation of provisions: a person regularly engaged in the
business of selling bicycles shall provide any purchaser of a bicycle
with a written explanation of the provisions set forth in section
12- 6 -1(A).
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12 -14
Chapter 12 -6 was adopted by Ordinance
No. 96.33, which renumbered chapter 12 -7 to
conform
4/30/09
Title 12. Traffic
Section 12 -6 -2 Violations — chapter 12 -6; penalty
Section 12 -6 -2 was renumbered and modified
A. Any violation of chapter 12 -6 shall be a civil traffic violation.
by Ordinance No. 2006.31
B. Any person found responsible for violating any provision of chap-
ter 12 -6 shall pay a maximum fine of $250.
C. The penalties for a violation of section 12- 6 -1(A) may be waived if
the offender presents suitable proof that an approved helmet has
been purchased or otherwise obtained since the time of the viola-
tion and that the minor uses or intends to use the helmet whenever
required to do so.
Chapter 12 -7 CONSTRUCTION IN TOWN RIGHTS -OF -WAY
Chapter 12 -7 was added by Ordinance
Section 12 -7 -1 Definitions
No. 2008.04, and replaced un- codified Ordi-
nance No. 91.21
A. The following definitions shall apply throughout this chapter unless
the context clearly indicates otherwise.
1. "Applicant" means the owner of the firm, utility company or corpo-
ration whose facilities or equipment are the subject of the right -
of -way permit application.
2. "Contractor" means the party doing the work.
3. "Emergency" means any condition which poses an immediate or
imminent hazard to people or property.
4. "Public improvement" includes, but is not limited to, grading, pav-
ing, and landscaping, as well as the construction of curbs, gut-
ters, drainage facilities, sidewalks, paths, trails, irrigation, walls,
driveways and berms.
5. "Right -of -way" means alleys, streets, thoroughfares, drainage -
ways and drainage easements dedicated to the town or to the
public and other easements dedicated to the public.
6. "Town engineer" means the town engineer or the town engineer's
authorized representative.
Section 12 -7 -2 Authority of town engineer
The town engineer is appointed the duly authorized representative of
the town, with full power and authority to authorize on behalf of the
town and to supervise the use of the public rights -of -way of the town.
Section 12 -7 -3 Permit required; exception
A. Any person, contractor, firm, utility company or corporation desiring
to dig any hole, drain, trench or ditch in any public right -of -way or
desiring to construct, remove or change any public improvement in
any public right -of -way, or desiring to cut, trench, pothole or exca-
vate any public right -of -way, or desiring to use any public right -of-
way for traffic control, construction haul routes, landscape mainte-
nance, maintenance of underground facilities or temporary parking
shall first apply for and obtain a permit from the town engineer.
B. A permit is not required for work done for municipal purposes, using
town personnel and equipment.
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Title 12. Traffic
Section 12 -7 -4 Applicability
This chapter applies to all construction performed in town rights -of-
way, as well as all other uses listed under section 12- 7 -3(A), including,
but not limited to, the following:
A. Routine service connections and maintenance work.
B. Installation of utility distribution or collection systems and communi-
cations systems.
C. Work done by other governmental agencies and by public utilities.
D. Work done for private development projects.
E. Private homeowner encroachment in the right -of -way.
Section 12 -7 -5 Permit process
A. Application forms for permits required by this chapter shall be ob-
tained from the town. Completed applications, accompanied by
payment of all applicable permit fees, shall be submitted either by
mail or in person to the town engineer.
B. Before issuance of any permit, each applicant will be required to do
all of the following:
1. Provide evidence of the applicant's right to use the public right -of-
way, typically by obtaining a town right -of -way license or fran-
chise.
2. Furnish insurance in a form satisfactory to the town, indemnify-
ing, defending and holding harmless the town, its officers, de-
partments, employees and agents from and against any and all
suits, actions, legal or administrative proceedings, claims, de-
mands or damages of any kind or nature, arising out of the work
under the permit, which are attributed to any act or omission of
the applicant, its agents, employees or anyone acting under its
direction, control or on its behalf.
3. Provide evidence that the contractor possesses an appropriate
contractor's license issued by the Arizona registrar of contrac-
tors.
4. Submit a signed and approved contract showing the cost of the
work, or submit a verifiable professional construction cost esti-
mate.
5. Submit plans of the subject location and adjacent properties that
a. Show existing surface conditions, including pavement, curbs,
driveways, sidewalks, and landscaping; and
b. Show existing underground installations, if applicable; and
c. Diagram the work to be performed.
6. Post bonds or other cash forms of assurance with the town to
ensure completion of the proposed work. Third party trust forms
of assurance are not acceptable for work in the public right-of-
way.
7. Obtain a business license from the town as required by chapter
9 -1 of this code.
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Title 12. Traffic
C. Projects which are to be self- certified under section 12- 7 -10(C) re-
quire acompleted agreement for construction of public improve-
ments before a permit will be issued. Necessary forms are available
from the town engineer.
D. Completed applications will be reviewed by the town engineer. The
town engineer shall issue the permit when all of the following have
occu rred :
1. The town engineer finds that the proposed construction does not
interfere with the safety of the traveling public or the authorized
public use of the right -of -way and does not otherwise interfere
with the general health, safety and welfare of the citizens of the
town.
2. The town engineer finds that the proposed construction does not
interfere with and is not inconsistent with a current or future
community improvement project (CIP).
3. The town engineer has approved the application, including all
plans and specifications for the proposed construction.
4. All applicable permit fees have been paid by the applicant.
5. The applicant has obtained an air quality permit, if required.
6. The applicant has submitted a traffic control plan that is approved
by the town engineer.
Section 12 -7 -6 Emergency work
When, in an emergency, it is impractical to obtain a permit before work
is begun, the applicant shall make a diligent effort to telephone the
town engineer prior to commencement of work. Emergency work shall
be halted upon issuance of a stop work order by the town engineer. A
permit shall be applied for, under the same procedures set forth in sec-
tion 12 -7 -5, within two business days of commencing emergency work.
Section 12 -7 -7 No warranty of title
By this section, applicants are placed on notice that the town may not
own the particular property or property rights for which the permit is
issued. Applicants assume all liability resulting from any defect to the
title of the land and no warranty of title to the underlying land is ex-
pressed or implied.
Section 12 -7 -8 Construction requirements
A. The applicant shall notify the town engineer of the proposed start
date of the work and shall schedule and complete a pre -
construction meeting with the town's right -of -way inspector at least
two full work days before starting work.
B. Unless otherwise expressly approved in writing by the town engi-
neer, all work shall conform to the following:
The 2003 edition of the Pima county /city of Tucson standard
specifications and details for public improvements.
2. Other specifications, details or regulations approved by the town
engineer or adopted by the town, including all conditions listed in
the permit.
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Title 12. Traffic
3. All requirements of this chapter
C. The applicant shall be responsible for verifying the location of all
underground utilities in accordance with the "blue stake" provisions
of state law, A.R.S. § 40- 360.21 et seq., prior to the commence-
ment of any excavation and shall protect any utilities from damage.
All town property shall be returned substantially to its original condi-
tion. The applicant shall be held responsible for any damage to, and
for maintenance and protection of, existing utilities and structures.
D. Unless otherwise stipulated to in the permit, all pavement resurfac-
ing after excavation shall be completed by the applicant. During
construction, the site must be secured in a manner acceptable to
the town whenever work is discontinued and construction staff is
not on site. Permanent pavement repairs shall be completed within
30 working days after backfilling the trench.
E. If the applicant fails to secure the site, or if the permanent pavement
repair is not performed within 30 working days after backfilling the
trench and an extension has not been granted by the town engi-
neer, the town engineer may select a contractor to perform all nec-
essary work at the applicant's expense.
F. The applicant shall be responsible for restoration of all permanent
traffic - control devices including, but not limited to, all pavement
markings, signs and signals. The restoration of traffic - control de-
vices may be accomplished by the applicant or, at the request of
the applicant, by the town. In either case, the restoration shall be
completed at the applicant's expense. All traffic control devices
shall be approved by the town engineer prior to installation.
G. The applicant shall not allow any condition to exist during the pro-
ject which would be a hazard or source of danger to the traveling
public. If the work presents or becomes a hazard or source of dan-
ger to the traveling public, the town may take immediate corrective
action and bill the applicant for the full cost incurred for the correc-
tive action.
H. Completed excavation, backfill, and pavement repair shall be guar-
anteed free of defect by the applicant for a period of one year after
closeout of permit or approval by the council, whichever occurs
later.
I. The town engineer shall be notified by the applicant before backfilling
and upon completion of the work. If the applicant is not working un-
der self - certification as provided in 12- 7 -1O(C) and (D), the appli-
cant shall not proceed with pavement replacement until the backfill
has been approved.
J. If the applicant does not repair the road and right -of -way to the
specifications of the town engineer, the town shall notify the appli-
cant of any deficiencies and the applicant shall have 20 working
days to repair the deficiencies to the specifications of the town en-
gineer. By acceptance of a permit, the applicant agrees to be re-
sponsible for all costs of the repair, if any. If a lawsuit is filed, the
applicant, by acceptance of a permit, agrees to be responsible for
all costs of collection including, but not limited to, court costs and at-
torneys' fees.
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Title 12. Traffic
K. The applicant shall adequately barricade its work in accordance with
the latest edition of the federal highway safety administration's
manual on uniform traffic control devices and shall install sufficient
warning lights and signs to protect the public. Not more than one di-
rection of travel may be blocked at any one time, unless specifically
allowed due to extenuating circumstances. The applicant shall
submit a traffic control plan to the town engineer and obtain ap-
proval before closing or barricading any street or public right-of-
way.
L. If the applicant performs work not authorized by the permit or under
the provisions for emergency repairs, the town shall notify the appli-
cant of the unauthorized work. The notification from the town will
indicate whether the town requires removal of the work. If the town
requires removal of the work, the applicant shall be responsible for
the removal within 15 working days of the notification. If the appli-
cant does not remove the unauthorized work, the town may have
the work removed by a competent contractor at the applicant's ex-
pense.
M. Where work is performed in a drainageway, drainage easement or
designated floodplain area, the applicant shall not at any time ob-
struct or diminish in any manner the ability of the drainageway,
drainage easement or designated floodplain area to convey or pass
stormwater. Prior to any work within a drainageway, drainage
easement or designated floodplain area, the applicant shall obtain
written authorization from the town engineer and a floodplain use
permit as required by title 21 of the land development code.
Section 12 -7 -9 Newly constructed asphalt pavements
In addition to the requirements set forth in section 12 -7 -8, on newly
constructed asphalt pavements, five years old or less, as verified by
the town engineer, the following additional regulations apply:
A. If sufficient right -of -way is available, directional bore shall be used in
lieu of open trench. This shall include the removal and replacement
of sidewalk to achieve working room for bore pits.
B. No open pavement cuts shall occur without the permission of the
town engineer, except in an emergency.
C. The applicant shall submit a letter to the town engineer assuring
that all other methods of construction have been reviewed and are
impractical.
D. The applicant shall guarantee the cut until the pavement is five
years old or for one year, whichever period is longer.
E. Pavement repairs shall be a minimum of 50 feet asphalt replace-
ment with a 15 degree skew, centered on the trench, unless the re-
pair cannot be accomplished by this method and the town engineer
approves an alternate method.
Section 12 -7 -10 Inspection of work
A. All work is subject to inspection and ultimate approval by the town
engineer. Total inspection may be provided by the town as set forth
in this section, or the applicant may follow the self - certification
processes outlined in this section.
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Title 12. Traffic
B. Town inspection shall include, but is not limited to, the following
procedures and requirements:
1. The town engineer will set up a schedule of notifications from the
applicant at various stages of the work for inspection and ap-
proval.
2. The applicant shall be responsible for staking line and grade,
subject to review by the town engineer.
3. Any required testing and /or inspection designated by the permit
or required by the town engineer shall be at the expense of the
applicant.
4. If applicable, the applicant shall be required to furnish evidence,
acceptable to the town engineer, that the required compaction
density has been obtained. This evidence shall be in the form of
tests and certification from a certified testing laboratory or from
any engineering technician certified by either the national insti-
tute for certification in engineering technologies at level II or
higher or by the Arizona technical training institute field techni-
cian level or from any registered professional civil or geological
engineer. The location of the test shall be clearly shown on the
report from the applicant. The test report shall be submitted
within 30 working days after tests are taken.
5. At the conclusion of the work, the town engineer shall conduct a
final inspection and receive test reports, if any. When the project
is satisfactorily completed and approved, the applicant will be no-
tified.
C. The self- certification process for inspection shall include the follow-
ing procedures and requirements:
1. The applicant shall choose an engineer of record, acceptable to
the town engineer, to be responsible for the major inspection of
the project.
2. An agreement for construction of public improvements shall be
signed by the applicant, the engineer of record, and the town en-
gineer. This contract shall detail the responsibilities of the engi-
neer of record for the work.
3. The town engineer shall maintain oversight of the project, shall
perform final inspections, and shall approve the project when all
requirements have been satisfactorily completed.
D. The self - certification process for inspection for utilities shall include
the following procedures and requirements:
1. The applicant shall file a letter with the town engineer indicating
that the utility is authorized by the Arizona corporation commis-
sion to work within the public rights -of -way, is a permanent pres-
ence in the community, and will react promptly to a request from
the town engineer to correct any deficiencies resulting from work
done under a permit.
2. The applicant shall insure that, at all times when work is under-
way at the site, a responsible person shall be present who, by
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Title 12. Traffic
reason of experience and knowledge, is qualified to judge the
quality of the work being performed.
3. The applicant shall provide records of test results performed by a
laboratory approved by the town engineer or by a technician cer-
tified by the national institute for certification in engineering tech-
nologies or the Arizona technical training institute to show that
standards of materials, density, and pavement replacement have
been met.
E. If the work performed under the permit or in an emergency fails to
pass final inspection, the applicant shall remove or replace the work
within such time as specified by written notice from the town engi-
neer. If any material used by the applicant in replacing or recon-
structing any part of the work, or if any workmanship performed un-
der the permit, proves defective, the applicant shall replace the
work as specified by the town engineer.
Section 12 -7 -11 Permit expiration
A. A permit shall expire if work is not started within 30 days of issuance
or if not satisfactorily completed within ten days after the stated
completion date. If a permit has expired, a new permit must be ap-
plied for, paid for and issued before beginning or completing con-
struction.
B. Permits shall be issued for a period of no more than one year. A
one -time extension of no more than six months may be obtained
upon application and showing of cause for the delay.
Section 12 -7 -12 Fees; late fees
A. Fees for permits required by this chapter, as well as fines applied to
the applicant due to violations of the permit requirements, shall be
set forth by a fee schedule approved by the council and amended
from time to time. A copy of the fee schedule is on file in the town
engineer's office.
B. Permits obtained after work has started, other than work performed
under section 12 -7 -6, shall cost double the normal permit fee. Pay-
ing a double permit fee does not waive any other applicable penal-
ties or violation fees for violation of this chapter.
C. Permits obtained under section 12 -7 -6 are also subject to double
permit fees if the permit application is not filed within two business
days of commencing emergency work.
Section 12 -7 -13 Violation; penalties
A. A violation of this chapter is a civil infraction.
B. Any person found responsible for violating this chapter shall be
fined in the amount specified as the violation fee in the fee schedule
referred to in section 12 -7 -12.
C. Any person violating the provisions of this chapter shall be respon-
sible for a separate offense for each and every day or portion of a
day during which any violation of this chapter is committed or per-
mitted.
D. In addition to any other penalties allowed by law, the magistrate
shall order abatement as necessary.
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Title 12. Traffic
Chapter 12 -8 SOLICITATION OF EMPLOYMENT, BUSINESS OR
CONTRIBUTIONS FROM OCCUPANTS OF
VEHICLES TRAVELING ON TOWN STREETS OR
HIGHWAYS
Section 12 -8 -1 Purpose and intent
It is the purpose and intent of this chapter to protect the safety of pe-
destrians and occupants of motor vehicles and to promote the orderly
flow of vehicular and pedestrian traffic.
Section 12 -8 -2 Definition
For purposes of this chapter, "street" or "highway" means the entire
width between the boundary lines of every way, including traffic medi-
ans, if a part of the way is open to the use of the public for purposes of
vehicular travel.
Section 12 -8 -3 Prohibited conduct
No person shall stand upon or otherwise occupy a street or highway
and solicit or attempt to solicit employment, business, contributions,
donations or sales of any kind from the occupant of any vehicle.
Section 12 -8 -4 Violation; penalties
A. A violation of this chapter is a class 3 misdemeanor.
B. The magistrate may impose community service in lieu of a fine for
violation of this chapter. For purposes of this chapter, community
service work shall be credited at $10 per hour.
Chapter 12 -9 OTHER PENALTIES
Section 12 -9 -1 Other violations
A. It is a civil traffic violation for any person to do any act forbidden or
fail to perform any act required by this title, unless otherwise desig-
nated in this title or under state law.
B. A civil sanction of not more than $250 shall be imposed on any per-
son found in violation of any other provision of this title unless oth-
erwise designated in this title or under state law.
MARANA TOWN CODE 12 -22
{00001471.DOC121)
Chapter 12 -8 was added by Ordinance
No. 2008.11
Ordinance Nos. 2008.04 and 2008.11 renum-
bered this chapter, and Ordinance No. 2006.31
added "other" to the chapter title
Section 12 -8 -1 was renumbered by Ordinance
Nos. 2008.04 and 2008.11 and was renum-
bered and modified by Ordinance No. 2006.31
4/30/09
Title 13
Parks &Recreation
CHAPTER 13 -1 PARKS AND RECREATION REGULATIONS ........................ ...............................
{00001471.DOC121)
Title 13. Parks & Recreation
TITLE 13. PARKS & RECREATION
Title 13 was adopted by Ordinance No. 96.02
Chapter 13 -1 PARKS AND RECREATION REGULATIONS
Section 13 -1 -1 Domestic animals and pets
A. No domestic animals or other pets are permitted to be at -large in
town parks and recreation areas. Domestic animals and pets must
be restrained by a cage or a leash of not more than six feet in
length and of sufficient strength to control the animal. Dogs over
four months of age must wear a valid license on a collar.
B. Animals participating in pet shows or classes approved by the town
shall be exempt from the restraint requirement, provided that the
animal is accompanied by and under the control of its owner or han-
dler.
C. Dog owners or handlers must clean up all litter created by the ani-
mal and place it in trash cans. Owners of seeing eye dogs are ex-
empted.
D. Certified police dogs, police dogs in training, certified human assis-
tance animals or those in training, and their handler or trainers
when directing those dogs or other animals are exempt from the
provisions of subsection A of this section.
Section 13 -1 -2 Intoxicants and disturbing the peace Ordinance No. 97.20 amended section 13 -1 -2
A. No person shall consume spirituous liquor in town parks and recrea- by rewriting paragraph A and adding the last
tion areas, including parking lots and driveways, except that beer sentence to paragraph 8
may be consumed when the appropriate permit is obtained from the
town, consumption remains in compliance with the terms of the per-
mit, and the consumption complies with all state laws.
B. "Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila,
mescal, gin, wine, port, ale, beer, any malt liquor, malt beverage,
absinthe or compound or mixture of any of them, or of any of them
with any vegetable or other substances, alcohol bitters, bitters con-
taining alcohol, and any liquid intoxication, fruits preserved in ardent
spirits and beverages containing more than .05% alcohol by vol-
ume. "Beer" means any beverage obtained by the alcoholic fermen-
tation, infusion, or decoction of barley malt, hops, or other ingredi-
ents not drinkable, or any combination of them.
C. No person shall maliciously and willfully disturb the peace or quiet
of a neighborhood, family or person by loud or unusual noise, tu-
multuous or offensive conduct, threatening, traducing, quarreling,
challenging to fight or fighting, applying any violent, abusive or ob-
scene epithets to another.
Section 13 -1 -3 Use and occupancy rules and regulations
A. It is unlawful in any town park to:
1. Operate motorbikes, motorcycles or other motor vehicles on
trails, or cross country or on primitive unsurfaced roadways that
have been posted, signed or barriered to prohibit vehicle use or
on lawns or landscaping.
2. Operate a motor vehicle except on roads and parking areas des-
ignated for those purposes; to operate a motor vehicle at a
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Title 13. Parks & Recreation
speed greater than that posted or to fail to obey traffic signs. In
all cases, motor vehicles shall be operated in compliance with
the Arizona Motor Vehicle code as provided under title 28,
A.R.S., while within the boundaries of any town parks or recrea-
tion area.
3. Destroy, damage, deface or remove any town regulatory sign,
property or facility owned or administered by the town.
4. Use town park or recreation areas for commercial purposes, pub-
lic meetings or assemblies, erection of signs, fences, barriers or
structures, to distribute advertising materials or to sell any goods
or services without first obtaining a written permit from the town.
5. Litter, deposit or abandon in or on any town park, parkway or rec-
reational facility any garbage, sewage, refuse, trash, waste or
other obnoxious materials except in receptacles or containers
provided for those purposes. These receptacles are not to be
used for residential trash disposal.
6. Enter upon or use for any purpose the land, water or facilities
within the boundaries of town parks and recreation areas when a
fee, rental, admission or other consideration has been estab-
lished for that use, unless the person entering or using the land,
water or facility has paid the fee, rental, admission or other con-
sideration to the town.
7. Enter, use or occupy public parks or recreation areas under the
supervision and control of the town for any purpose when the
parks or areas are posted against that entrance, use or occu-
pancy.
8. Shoot with bow and arrow except in designated archery ranges Paragraph 8 was modified by Ordinance
or for specific purposes, locations and seasons as licensed and No. 2007.15
permitted by Arizona game and fish regulations.
9. Bring saddle, pack or draft animals into a town park site unless it
has been developed to accommodate them and is posted ac-
cordingly.
10. Allow grazing or forage consuming domestic livestock to graze
or to roam at -large within the fenced or posted boundaries of
town parks.
11. Build fires, except in designated places, or in fireplaces, stoves
or grills either provided or approved by the town.
12. Operate any aircraft of any nature or parachute or hang glide on
town park property except in areas designated for that use or in
an emergency or by permit issued by the town.
13. Collect, remove, destroy, mutilate, damage or deface any natu-
ral resource including but not limited to all live and dead vegeta-
tion and all parts of it, wildlife, soil, rocks and water, except as
otherwise provided for by law or without obtaining prior written
approval from the town. Except as otherwise planned for and
provided for by the town, all environmental settings shall be kept
in their natural state.
MARANA TOWN CODE 13 -2 4130109
{00001471.DOC121)
Title 13. Parks & Recreation
14. Bicycle, skateboard, roller skate or roller blade on tennis or bas-
ketball courts, or on any other surface which is marked to pro- Ordinance No. 97.20 added subparagraphs 14
and 15 and paragraph 8
hibit these activities.
15. Possess glass containers.
16. Possess or carry a firearm under the following circumstances: Paragraphs 16 and 17 were added by Ordi-
a. In a park of one square mile or less in area that is posted with nance No. 2007.15
reasonable notice stating the following: "Carrying a firearm in
this park is limited to persons who possess a permit issued
pursuant to A.R.S. § 13- 3112."
b. In a developed or improved area of a park, provided that the
park is more than one square mile in area and that the devel-
oped or improved area is posted with reasonable notice stat-
ing the following: "Carrying a firearm in this developed or im-
proved area is limited to persons who possess a permit is-
sued pursuant to A.R.S. § 13- 3112."
c. This subparagraph 16 shall not apply to a person:
i. Possessing a concealed weapons permit issued pursuant to
A.R.S. § 13 -3112;
ii. Engaged in a permitted firearms or hunter safety course
conducted in a park by a certified hunter safety instructor
or certified firearms safety instructor;
iii. At a properly supervised range as defined in A.R.S. § 13-
3107, a permitted shooting event, a permitted firearms
show or in a permitted hunting area;
iv. Legally transporting, carrying, storing or possessing a fire-
arm in a vehicle;
v. Going directly to or from an area where the person is law-
fully engaged in hunting, marksmanship practice or recrea-
tional shooting;
vi. Traversing a trailhead area in order to gain access to areas
where the possession of firearms is not limited;
vii. Using trails, paths or roadways to go directly to or from an
area where the possession of firearms is not limited and
where no reasonable alternative means of access is avail-
able.
d. For the purposes of this subparagraph 16:
i. "Developed or improved area" means an area of property
developed for public recreation or family activity, including
picnic areas, concessions, playgrounds, amphitheaters,
racquet courts, swimming areas, golf courses, zoos,
horseback riding facilities and boat landing and docking fa-
cilities, but excluding campgrounds, trails, paths or road-
ways, except trails, paths or roadways directly associated
with and adjacent to designated developed or improved
areas.
ii. "Firearm" means any loaded or unloaded handgun, pistol,
revolver, rifle, shotgun or other weapon that will expel, is
MARANA TOWN CODE 13 -3 4130109
{00001471.DOC121)
Title 13. Parks & Recreation
designed to expel or may readily be converted to expel a
projectile by the action of an explosive, but does not in-
clude a firearm that is in permanently inoperable condition.
iii. "Reasonable notice" means notice that is required by sec-
tion 13- 1- 3(A)(16)(a) and (b) and that is conspicuously
posted at all public entrances and at intervals of one - fourth
mile or less where the park or developed or improved area
has an open perimeter.
17. Discharge a firearm.
a. This subparagraph 17 does not apply to a person who dis-
charges a firearm under the following circumstances:
i. As allowed pursuant to A.R.S. title 13, chapter 4;
ii. On a properly supervised range as defined in A.R.S.
§ 13 -3107;
iii. In an area recommended as a hunting area by the Arizona
game and fish department and approved and posted as
required by the chief of police; provided, however, that any
such area may be closed when deemed unsafe by the
chief of police or the director of the Arizona game and fish
department;
iv. To control nuisance wildlife by permit from the Arizona
game and fish department or the United States fish and
wildlife service;
v. By special permit of the chief of police;
vi. As required by an animal control officer in performing du-
ties specified in A.R.S. § 9- 499.04 and title 11, chapter 7,
article 6 and title 6 of this code; or
vii. In self- defense or defense of another person against an
animal attack if a reasonable person would believe that
deadly physical force against the animal is immediately
necessary and reasonable under the circumstances to pro-
tect oneself or the other person.
b. For the purposes of this subparagraph 17, "firearm" carries the
same meaning as defined in section 13- 1- 3(A)(16)(d)(ii).
B. Hours of park established. The parks and recreation areas, unless
otherwise posted, shall be open from 7:00 a.m. until 10:00 p.m.
Section 13 -1 -4 Violations and penalties
A. Except as provided in paragraph B, a person or corporation who
violates any of the foregoing rules and regulations is guilty of a
class 1 misdemeanor, punishable by a maximum fine of $2,500, a
maximum term of incarceration of six months, and a maximum
length of probation of three years.
B. A person or corporation who violates section 13- 1- 3(A)(17) is guilty
of a class 2 misdemeanor, punishable by a maximum fine of $750,
a maximum term of incarceration of four months, and a maximum
length of probation of two years.
MARANA TOWN CODE
{00001471.DOC121)
13 -4
Paragraph 8 was added by Ordinance
No. 2007.15
4/30/09
Title 13. Parks & Recreation
Section 13 -1 -5 Town employees
In addition to any authority created by state law, town employees des-
ignated by the town manager shall also have authority to order viola-
tors of the above rules and regulations to leave the parks and recrea-
tion areas.
MARANA TOWN CODE
{00001471.DOC121)
13 -5
4/30/09
Title 14
Water
A
CHAPTER 14 -1 GENERAL PROVISIONS ......................................................... ..............................1
CHAPTER 14 -2 RESPONSIBILITIES ................................................................ ............................... 2
CHAPTER 14 -3 WATER SERVICE .................................................................... ..............................4
CHAPTER 14 -4 CONSTRUCTION AND FINANCING OF WATER FACILITIES ............................7
CHAPTER 14 -5 SERVICE AREA INCLUSION AND FEES .............................. .............................10
CHAPTER 14 -6 PROVISION OF WATER UTILITY SERVICE .......................... .............................12
CHAPTER 14 -7 WATER RATES AND CHARGES ........................................... .............................17
CHAPTER 14 -8 EMERGENCY WATER CONSERVATION RESPONSE ......... .............................19
CHAPTER 14 -9
CHAPTER 14 -10
CHAPTER 14 -11
BACKFLOW PREVENTION AND CROSS - CONNECTION CONTROL ..............23
VIOLATIONS ........................................................................... .............................31
AMENDMENTS AND PUBLIC HEARING ............................... .............................32
{00001471. DOC / 21}
Title 14. Water
TITLE 14. WATER
Title 14 was adopted by Ordinance No. 96.06
Town of Marana Municipal Water System
Chapter 14 -1 GENERAL PROVISIONS
Section 14 -1 -1 Intent and purpose
A. It is the intent and purpose of the council, by adopting this title, to
promote the health, safety, order and general welfare of the present
and future inhabitants of the town, and specifically to:
1. Provide for safe and reliable water utility service to the inhabi-
tants of the town;
2. Provide for the financial integrity of the town water utility;
3. Protect the health, safety and welfare of the inhabitants of the
town;
4. Manage the water resources of the town to protect the existing
inhabitants of the town and to facilitate the economic develop-
ment of the town;
5. Develop water resources for the benefit of the inhabitants of the
town;
6. Provide for the expansion and improvement of the town's water
Ordinance No. 98.19 inserted "of" in lace of
p
utility system; and
"to" in paragraph 6
7. Secure economy in municipal expenditures and facilitate ade-
quate provision of water system capacity and improvement.
Section 14 -1 -2 Definitions
A. In this title, unless the context otherwise requires:
1. "Applicant" means a person requesting the town to supply water
service.
2. "Application" means a request to the town for water service or
service area inclusion, as distinguished from an inquiry, as to the
availability or charge for that service or inclusion.
3. "Commodity charge" means the unit cost of billed usage as set
forth in the water rates and charges.
4. "Contributions in aid of construction" means funds provided to the
town water utility by the applicant under the terms of a main ex-
tension agreement or service connection agreement, the value of
which are not refundable.
5. "Customer" means the person or entity in whose name service is
Ordinance No. 98.19 inserted "contract" in
rendered, as evidenced by the name on the application or con-
place of "contractor" in paragraph 5
tract for that service, or by the receipt or payment of bills regu-
larly issued in his name regardless of the identity of the actual
user of the water service.
6. "Distribution main" means a water main of the town water utility
from which service connections may be extended to customers.
7. "Main extension" means the mains and ancillary equipment nec-
essary to extend the existing water distribution system to provide
service to additional customers.
MARANA TOWN CODE 14 -1 4130109
{00001471.DOC121)
Title 14. Water
8. "Master meter" means a meter for measuring or recording the
flow of water at a single location where the water is transported
through a piping system to tenants or occupants for their individ-
ual consumption.
9. "Meter" means the instrument for measuring and indicating or re-
cording the volume of water that has passed through it.
10. "Meter tampering" means a situation where a meter has been il-
legally altered. Common examples are meter bypassing, use of
magnets to slow the meter recording, and broken meter seals.
11. "Minimum charge" means the amount the customer must pay
for the availability of water service, including 1,000 gallons of us-
age.
12. "Point of delivery" means the point where facilities owned,
Ordinance No. 2005.22 deleted a redundant
leased or under license by a customer connect to the town water
definition of "person" (see section 1 -3 -2)
utility's pipes at the outlet side of the meter.
13. "Premises" means all of the real property and apparatus em-
ployed by a single enterprise on an integral parcel of land undi-
vided by public streets, alleys or other rights -of -way or ease-
ments.
14. "Service line" means a water line that transports water from a
common source (normally a distribution main) of supply to the
A definition of "town" was added by Ordinance
No. 98.19 and deleted as redundant by Ordi-
customer's point of delivery.
nance No. 2005.22 (see section 1 -3 -2)
Chapter 14 -2 RESPONSIBILITIES
Section 14 -2 -1 Responsibilities of the council
Section 14 -2 -1 was amended by Ordinance
A. Adoption of comprehensive water development plan The council
No. 98- 19, which deleted former paragraph A
may adopt a comprehensive water system development plan for the
entitled 'Appointments" and renumbered the
town system Or any part of it. Upon adoption of a comprehensive
remaining paragraphs to conform, and changed the cross - reference in paragraph E
water system development plan, the council shall assure that no ex-
tension, improvement or addition to the town water utility system or
facilities over which the town has jurisdiction shall be constructed or
authorized until and unless the extension, improvement or addition
to the town water utility system or facilities shall be determined to
conform to the comprehensive water system development plan.
B. Adoption of water utility construction standards The council shall be
empowered to adopt and amend engineering design and construc-
tion standards for improvements to, extensions of, additions to, and
modifications of the town water utility system.
C. Management of water system by independent contractor The
council may, at its sole option and discretion, provide that the man-
agement of the town water utility system be accomplished by the
use of an independent contractor. If the council determines that it is
in the best interests of the inhabitants of the town to have the town's
water utility managed by an independent contractor, the council
shall select bids and proposals from individuals and entities with
proven water utility management experience. Management fees are
to be paid by the town from water utility revenues for management
services.
MARANA TOWN CODE 14 -2 4130109
{00001471.DOC121)
Title 14. Water
D. Water utility to be enterprise fund based There is established by
this title a separate water utility fund, and all monies paid to the
town pursuant to provisions of this title for, but not limited to, water
service charges, fees, construction of facilities, fines and penalties
shall be deposited into the water utility fund, and all expenditures
made by the town in relation to the town's ownership, operation,
maintenance, repair, expansion, acquisition, management, salaries,
professional fees, debt service, bond payments and other costs and
charges shall be paid from the water utility fund. The town council
may make loans from the general fund to the town water utility fund
from time to time to supplement revenues generated by the town
water utility to assure the timely payment of all obligations of the
water utility, provided that the loans are timely repaid from the water
utility fund to the general fund, together with interest. It is hereby
declared to be the express policy and intent of the town that the
town water utility shall be a self- supporting utility funded solely from
revenues generated from utility operations. All fees and charges
levied by the town in relation to its water utility shall be, to the de-
gree practical, based on the cost of providing the service for which
a fee or charge is levied. All fees and charges levied and collected
by the town shall be uniform for the class of service or type of ser-
vice provided throughout the water utility of the town.
E. Amendments The council may amend this code from time to time
by simple majority vote of the entire council membership at a public
meeting of the council, subject to the requirements of chap-
ter 14 -11.
Section 14 -2 -2 Water utility director
A. Duties In addition to those duties and responsibilities enumerated
in this title, the director of the town water utility shall be responsible
for the day to day management of the town water system including,
but not limited to, the inspection and repair of the water system, suf-
ficiency of water supply, enforcement of this title, review of all engi-
neering plans, review of all contracts, preparation of water system
development plans, improvement or expansion plans, collection of
all funds due to the town water utility, compliance with federal, state
and local health regulations, compliance with federal, state and lo-
cal ordinances and requirements in general, and preparation of an-
nual budgets and preparation of capital improvement plans.
Section 14 -2 -3 Water utility advisory committee
A. Creation There is hereby established an entity to be called the Wa-
ter utility advisory committee. Members shall be appointed by a ma-
jority vote of the mayor and council.
B. Functions and purposes The functions, purposes, powers and du-
ties of the Water utility advisory committee shall be to:
1. Act as the official advisory body on water capital improvement
program planning and rate structure formulation to the council;
2. Annually review the proposed water system capital improvement
program and recommend to the council an annual and five year
capital budget;
MARANA TOWN CODE 14 -3
{00001471.DOC121)
Section 14 -2 -2 was amended by Ordinance
No. 98.19, which rewrote the beginning of
paragraph A and deleted former paragraphs 8
and C respectively entitled "Terms" and "Com-
Densation"
4/30/09
Title 14. Water
3. Annually review the water revenue requirements of the water util-
ity and recommend to the council rate adjustments as required;
4. Review and report to the council on the comprehensive water
system development plan and any long term (ten- to 50 -year)
water source and capital needs of the water system, utilizing
staff of the town and other sources for the information necessary
for that review;
5. Support and sponsor community programs and projects to pro-
vide information and education to the community regarding the
town water utility;
6. Review and make recommendations on proposed state and fed-
eral legislation relating to water;
7. Review and make recommendations on proposed acquisition of
private water companies and expansion of the water utility ser-
vice area;
8. Consult with the council from time to time as may be required by
the council relative to water related issues.
C. Membership composition; terms and qualifications The Water utility
advisory committee shall be composed of seven members, two of
whom shall be residential customers, one of whom shall be a com-
mercial customer, one of whom shall represent agricultural interests
and three of whom shall represent areas of the town at- large. Mem-
bers of the water utility advisory committee shall serve terms of
three years, which terms shall be staggered. The initial members of
the water utility advisory committee shall draw lots to determine
which four members shall have an initial term of one year and which
three members shall have an initial term of three years. Thereafter
members shall serve terms of three years.
D. Committee organization The Water utility advisory committee
chairperson and a vice - chairperson shall be selected by a majority
of the committee members annually on the second Monday of De-
cember and shall appoint their own executive committee, standing
committees and subcommittees and shall meet at the time and
places determined by the committee.
E. Committee reports The Water utility advisory committee shall ren-
der to the council an annual report on or before March 1 and send
additional reports and recommendations as it determines or as re-
quested by the town manager. Minutes of the committee shall be
filed with the town clerk.
F. Limitation of powers Neither the Water utility advisory committee
nor any member of the committee may incur town expenses without
prior authorization of the council, nor may it obligate the town in any
manner or form.
Chapter 14 -3 WATER SERVICE
Section 14 -3 -1 Application for service
A. Water utility service may only be provided pursuant to a written ap-
plication on forms provided by the town for that purpose. The town,
as a condition precedent to approving an application for water ser-
MARANA TOWN CODE
{00001471.DOC121)
14 -4
Ordinance No. 96.35 amended paragraph C to
insert "four members" and "three members" in
place of "three members" and "two members"
in the penultimate sentence
4/30/09
Title 14. Water
MARANA TOWN CODE 14 -5 4130109
{00001471.DOC121)
vice to any premises, shall collect all installation and other charges
required by this title. Title to all pipes, fittings and other water facili-
ties shall be and remain in the town. Where service is requested by
two or more individuals, the town shall have the right to collect the
full amount owed for water utility service from any one of the appli-
cants at the town's discretion.
B.
The following minimum information shall be required from each new
"social
applicant for water utility service:
Ordinance No. 98.19 added security
number, or driver's license number" to para
1. Name of applicant, social security number, or driver's license
graph (B) (1) and added paragraph (B) (9)
number;
2. Service address or location and telephone number;
3. Billing address and telephone number if different than service
address;
4. Address where water service was provided previously;
5. Date applicant will be ready for service;
6. Indication of whether premises have been supplied with water
utility service previously;
7. Purpose for which service is to be used;
8. Indication of whether applicant is owner, tenant or agent for the
premises;
9. Place of employment.
Section 14 -3 -2 Deposits
A.
Requirement of deposit; amount The town may require a deposit
from an applicant for service not to exceed twice the average
monthly bill for the account or in the case of a new account, twice
the estimated monthly bill, or in the case of an account which has
shown delinquency for three consecutive months as a condition of
providing water service. A separate deposit may be required for
each meter installed. The town may review the customer's water
usage after service has been connected and adjust the deposit
amount up or down based on the customer's actual water usage.
B.
Interest on deposit; refund of deposit Customer deposits shall be
deposited in a bank account of the town's choosing. No interest
shall be paid to customers on deposits. The individual in whose
Ordinance No. 98.19 deleted "guaranteed"
name the deposit is made shall be responsible for the payment of
before "deposit" and deleted "upon closing of
all bills incurred in connection with the service furnished. The de-
the account" after "collection office" in the last
posit is not negotiable and can be redeemed only p g Y at the town water
sentence
utility collection office.
C.
Use of deposit for payment of bill Upon discontinuation of service,
the deposit will be applied by the town toward settlement of the ac-
count.
D.
Homeowner customers For new customers who are homeowners
with three former outstanding utility credit references, the deposit
Ordinance No. 98.19 added paragraph D
may be waived. For existing homeowners and any homeowners
who have to make deposits, the deposit will be credited to their ac-
count after one year of outstanding credit history.
MARANA TOWN CODE 14 -5 4130109
{00001471.DOC121)
Title 14. Water
Section 14 -3 -3 Bond
The town may, at its option, require a utility service bond in lieu of a
cash deposit for commercial and industrial applicants for service. The
utility service bond shall be on a form approved by the town attorney,
and the town water utility director shall have the power to execute the
bond on behalf of the town. The provisions of sections 14 -3 -1
and 14 -3 -2 shall apply to utility service bonds.
Section 14 -3 -4 Grounds for refusal of service
A. The town may refuse to establish water utility service if any of the
following conditions exist:
1. The applicant has an outstanding amount due for water service
with the town, and the applicant does not bring current any out-
standing bills;
2. A condition exists which in the town's judgment is unsafe or haz-
ardous to the applicant, a resident of the town or the town's per-
sonnel or facilities;
3. Refusal by the applicant to provide the town with a water utility
deposit;
4. Failure of customer to furnish such funds, service, equipment or
rights -of -way necessary to serve the customer and which has
been specified by the town as a condition for providing water util-
ity service;
5. Applicant provides false information for the purpose of obtaining
service.
Section 14 -3 -5 Temporary service
Applicants for temporary water service may be required to pay the
town, in advance of service establishment, the estimated cost of in-
stalling and removing the facilities necessary for furnishing the desired
service. The applicant may be required to advance a sum of money
equal to the estimated bill for service. Where the duration of service is
to exceed one month, the applicant may also be required to pay the
deposit for service required by the town. Any service for a period of
more than six months shall be deemed a permanent service, and pro-
visions of this title relating to permanent service shall apply.
Section 14 -3 -6 Service lines, valves and meters
An applicant for water utility service shall be responsible for the cost of
installing all customer piping up to the meter. Where water service is
being provided for the first time or to a new customer, the customer
shall provide and maintain a private cutoff valve within eighteen inches
of the meter on the customer's side of the meter. The town may install
its water meter at the property line or, at the town's option, on the cus-
tomer's property. Where the meter or service line location on the cus-
tomer's premises is changed at the request of the customer or due to
alterations on the customer's premises, the customer shall provide and
have installed at his expense all piping necessary for relocating the
meter, and the town may charge for moving the meter or service line.
The customer's lines or piping must be installed in a way that prevents
cross - connection or backflow.
MARANA TOWN CODE 14 -6
{00001471.DOC121)
4/30/09
Title 14. Water
Section 14 -3 -7 Easements and rights of -way
Each customer of the town water utility shall grant adequate easement
or right -of -way satisfactory to the town to ensure that customer's ser-
vice connection is accessible by the town. Failure on the part of the
customer to grant adequate easement or right -of -way shall be grounds
for the town to refuse water utility service. When the town discovers
that a customer or his or her agent is performing work or has con-
structed facilities adjacent to or within an easement or right -of -way and
the work, construction or facility poses a hazard or is in violation of
federal, state or town laws, ordinances, statutes, rules or regulations,
or may significantly interfere with the town's access to its water utility
facilities or equipment, the town shall notify the customer or his or her
agent and shall take whatever actions are necessary to eliminate the
hazard, obstruction or violation at the customer's expense.
Chapter 14 -4 CONSTRUCTION AND FINANCING OF WATER
FACILITIES
Section 14 -4 -1 Agreements to construct new facilities
A. Approval of agreements to construct new facilities The council may
permit the construction of water facilities to provide water service in
areas where no water service is available, or where existing water
facilities are inadequate in the sole opinion of the council to serve
the proposed new customers. Agreements for construction of water
facilities shall provide that all costs be at the sole expense of the
applicant for service, except as otherwise noted in the agreement.
Costs shall include, but not be limited to, engineering and design
fees, materials, labor, applicable taxes, permits and inspection fees.
Facilities shall include, but not be limited to, wells, pumps, storage
tanks and reservoirs, mains, valves, meters and other appurte-
nances to the water system both within an applicant's proposed de-
velopment as well as outside the development if the facilities are
deemed necessary or desirable in the sole opinion of the town to
serve the new development. All agreements for the construction of
water facilities shall be subject to the final approval of the council.
No agreement for the construction of water facilities shall be submit-
ted for approval by the council unless the agreement has been re-
viewed and approved by the town attorney, and the engineering
plans have been approved by the town engineer and the director of
the town water utility.
B. Main extension agreements Before construction is commenced, the
applicant for the extension of mains shall be required to pay to the
town, as a nonrefundable advance in aid of construction, the esti-
mated cost of all mains, including all valves and fittings, and any
water production, storage or pressure system, as deemed neces-
sary and convenient by the town to provide water service to appli-
cant's property.
1. Upon request by a potential applicant for a main extension, the
town water utility will prepare a preliminary sketch and prelimi-
nary estimate of the cost of installation to be paid by the appli-
cant. The town reserves the right to require applicant to pay the
costs of the preliminary sketch and rough estimate. Any appli-
cant for a main extension requesting the town water utility to
MARANA TOWN CODE 14 -7
{00001471.DOC121)
Ordinance No. 98.19 moved "before construc-
tion is commenced" from the middle to the be-
ginning of paragraph 8
4/30/09
Title 14. Water
prepare detailed plans, specifications or cost estimates shall be
required to deposit with the town an amount equal to the esti-
mated cost of preparation and review. The town water utility
shall, upon written request, make available to applicant within
sixty days after receipt of the deposit referred to in this para-
graph, the plans, specifications or cost estimates of the proposed
main extension. This deposit shall be nonrefundable.
2. If the town's actual cost of construction is more than the amount
advanced by the applicant, the applicant shall pay the balance
due to the town within thirty days after the completion of the con-
struction.
3. At a minimum, main extension agreements shall have the follow-
ing written requirements:
a. Name and address of applicant;
b. Proposed service address;
c. Description of requested service;
d. Description, if any, of the requested line extension;
e. Itemized cost estimate to include materials, labor and other
costs as necessary;
f. Payment terms;
g. A clear and concise explanation of any oversizing refund pro-
visions, if applicable.
4. The size, design, type and quality of materials of the system, in-
stalled pursuant to agreement with the town, locations in the
ground and manner of installation, shall all be specified by the
town and shall be in accordance with the requirements of other
public agencies having authority.
5. All pipelines, valves, fittings, wells, tanks, reservoirs or other fa-
cilities installed by agreement with the town shall be the sole
property of the town, and parties making advances in aid of con-
struction under this title shall have no right, title or interest in any
such facilities.
Section 14 -4 -2 Construction other than by town
A. Construction The council, at its sole discretion and option, may
permit construction of water facilities by private contract upon writ-
ten application. The facilities will be constructed at the sole expense
and cost of the applicant within streets, avenues, alleys and rights -
of -way pursuant to grants of easements subject to payment of any
excavation, permit or other fees which are due to the town.
B. Approval of construction plans and inspections Plans for construc-
tion of water facilities to be constructed other than by the town shall
be provided by applicant, certified by a registered professional en-
gineer and approved by the town engineer and director of the town
water utility. The construction of water facilities authorized and ap-
proved by the council will be inspected by the town engineer or his
authorized representative and will comply in every respect with the
engineering, construction, material and installation standards of the
town.
MARANA TOWN CODE
{00001471.DOC121)
14 -8
Ordinance No. 98.19 slightly reworded the in-
troduction to paragraph (B)(3)
4/30/09
Title 14. Water
C. Construction agreement With each application for a permit for the
construction of water facilities authorized by this section, the appli-
cant shall execute and deliver to the director of the town water util-
ity, in duplicate, the agreement for construction of water facilities by
private contract. If the agreement conforms to the provisions of this
title, the town water utility director may submit the agreement for
approval to the council. The applicant shall further provide a bond in
a form and in an amount satisfactory to the director before com-
mencing any construction.
Section 14 -4 -3 Capacity requirements
A. Water system capacity requirements The director of the town water
utility may require an applicant to install "on- site" or "off- site" water
facilities of a size greater than is required to provide service to ap-
plicant's development, referred to as oversizing.
B. Refunds Refunds of the cost of oversizing shall be solely by
agreement approved by the council. Should a water distribution
main installed pursuant to this section be installed so as to provide
water service to a property not participating in the construction cost,
(referred to as "non- participating property ") the town may enter into
an agreement for partial refund of the cost of the water main so in-
stalled, subject to the following:
1. In no case will the agreed refunded amount exceed the total
funds to be collected as oversizing charges pursuant to this sec-
tion;
2. Refunds shall continue for a maximum of 15 years from the date
of the agreement. Any balances remaining unpaid shall be con-
sidered canceled, and the town shall be fully discharged from
any further obligation under the agreement;
3. The amount of the annual refund shall not exceed 10% of the
gross revenue derived from water sales from the benefiting but
non - participating property;
4. In no event shall the town be liable to pay any interest on any
amount of costs advanced by an applicant which are agreed to
be refunded by the town.
C. Oversizing recovery charge In lieu of annual refunds from the gross
revenue derived from water sales from the benefiting but non-
participating property, the council may, at its sole option, establish
an "oversizing recovery charge" to be charged against non-
participating property for each subsequent connection by non-
participating property owners made to or benefiting from the water
facilities previously paid for by a prior applicant, and provide by
agreement with the applicant funding the oversizing for refund of
the oversized capacity costs from revenues derived from the over -
sizing recovery charge.
1. The oversizing recovery charge shall be determined by comput-
ing the total cost of the water facility improvement, by determin-
ing other property which will benefit from the oversized capacity,
by allocating the capacity installed between the original appli-
cant's property and any non - participating property benefiting
from the capacity installed, and by determining a per connection
MARANA TOWN CODE 14 -9 4130109
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Title 14. Water
pro rata cost share for the oversized capacity by meter size of
new connections. The per connection pro rata cost share for the
oversized capacity shall be the oversizing recovery charge.
2. No oversizing recovery charge shall be levied or collected by the
town unless approved by the council. No oversizing recovery
charge shall be in effect for more than 15 years.
3. Proceeds from an oversizing recovery charge authorized by the
town to pay for oversized capacity installed at the expense of an
original applicant shall be used to refund the applicant's costs in-
curred for the oversizing. The town shall, on or before June 30th
of each calendar year, pay to the applicant pursuant to an ap-
proved refund agreement, the proceeds collected from the over -
sizing recovery charge applicable to applicant's water system
oversizing costs derived from non - participating property. At the
end of 15 years from the date of the agreement and effective
date of the applicable oversizing recovery charge, any balances
remaining unpaid shall be considered canceled, and the town
shall be fully discharged from any further obligation under the
agreement.
4. No interest shall be paid by the town for any amount agreed to be
refunded pursuant to an agreement under this section.
Chapter 14 -5 SERVICE AREA INCLUSION AND FEES
Section 14 -5 -1 General provisions
Section 14 -5 -1 was added by Ordinance
A. Water improvements The developer shall design and construct a
No. 98.19, which also renumbered the remain -
water pumping and delivery system to the greater of the design
ing paragraphs of chapter 14 -5 to conform
standards of (i) the city of Tucson water department, or (ii) the town
water department, capable of serving the water needs of all com-
mercial and noncommercial development, sized to serve the maxi-
mum authorized development of the property. Upon completion of
each portion of the system and when a rate analysis shows that
portion of the water system to be financially self- sustaining, the de-
veloper shall dedicate the system to the town, without cost to the
town or additional cost to the developer, and the town shall thereaf-
ter operate the system as an integral part of its municipal water util-
ity. The extent of the water system, its design requirements and its
turnover requirements shall be the subject of a separate, definitive
agreement between the town and the developer, to be completed
prior to the approval of the first preliminary plat.
B. Interconnection line The developer agrees to construct an intercon-
nection line to the specifications and schedule as agreed to be-
tween the parties. If the developer or contractor installs, to the
town's specifications, automated meters, sensors, and other neces-
sary equipment for automatic meter reading, and supports the town
in obtaining the necessary automatic reading equipment from the
supplier, the town agrees that it shall waive water connection and
installation fees.
Section 14 -5 -2 Fees
Any property owner wishing to have his or her property included in the
water utility service area of the town water utility system, if the property
Ordinance No. 98.19 increased the fees
charged by section 14 -5 -2 from $5 per acre or
$2 per platted lot
MARANA TOWN CODE 14 -10
{00001471.DOC121)
Title 14. Water
was not previously within the service area of a public service corpora-
tion water utility purchased or acquired by the town or within the
boundaries of the Cortaro Water Users Association municipal water
utility service area, shall pay the sum of $500 per acre or fraction of an
acre for un- subdivided land, or $200 per platted subdivision lot for
property with a recorded subdivision plat, as a service area inclusion
fee.
Section 14 -5 -3 Application
Any property owner desiring to have his or her property included in the
water utility service area of the town shall apply for inclusion on the
form provided by the town. The form shall require the name of the
property owner, a legal description of the property proposed to be in-
cluded and the authorized signature of the owner of the property re-
questing approval, acknowledged pursuant to A.R.S. § 33 -506. No ap-
plication for inclusion in the water utility service area shall be consid-
ered unless the service area inclusion fee has been paid and the re-
quired information and authorized signature of the property owner has
been provided.
Section 14 -5 -4 Approval required for inclusion
Applications for service area inclusion for property located within or
without the incorporated limits of the town, but outside the boundaries
of a water utility public service corporation or the Cortaro Water Users
Association municipal water service area, shall be subject to approval
by the director of the town water utility upon completion of the required
application and payment of the service area inclusion fee. Applications
for service area inclusion outside of the incorporated limits of the town
shall be subject to the approval of the council, which may, at its sole
option, decline to approve the inclusion without cause. If an application
for service area inclusion outside the incorporated limits of the town is
rejected, the applicant's service area inclusion fee shall be non-
refundable.
Section 14 -5 -5 Effect of inclusion
Inclusion in the water utility service area of the town shall entitle the
property owner to make application for water utility service, subject to
the provisions of this title including requirements that applicant pay all
costs for construction and installation of a water system. The service
area inclusion fee shall be in addition to other fees and charges re-
quired by the town to obtain water service.
Section 14 -5 -6 Service agreement
Inclusion in the water utility service area of the town by agreement
does not constitute an actual water utility service agreement. An appli-
cant for inclusion into the water utility service area of the town need not
simultaneously apply for actual water service or enter into a water fa-
cilities construction agreement. However, an applicant for service area
inclusion must provide the town with any proposed development plans
or subdivision plats the applicant may have to enable the town to ap-
propriately forecast its future water demands and include the property
in its application for an assured water supply designation. The town
reserves the right to require conveyance to the town of wells, well
MARANA TOWN CODE 14 -11
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Title 14. Water
sites, rights -of -way and easements as a condition of service to a new
applicant for service area inclusion.
Section 14 -5 -7 Data requested
If the service area inclusion applicant has any hydrologic or well data
concerning his or her property, the data shall be required to be pro-
vided as part of the service area inclusion application.
Section 14 -5 -8 Inclusion does not constitute 100 year water
adequacy
Payment of the service area inclusion fee shall not be deemed as a
guaranty that the town has now or will be successful in the future in
obtaining an assured water supply designation for the town's water
utility service area, including the applicant property, pursuant to A.R.S.
§ 45 -576.
Chapter 14 -6 PROVISION OF WATER UTILITY SERVICE
Section 14 -6 -1 Customer responsibility
A. Each customer of the town water utility shall be responsible for the
following:
1. Maintaining all facilities on the customer's side of the point of de-
livery or meter in a safe and efficient manner and in accordance
with the rules of the Pima County Health Department, the town
and any other jurisdiction with regulatory powers over the con-
nections;
2. Safeguarding all town water utility property installed in or on the
customer's premises for the purpose of supplying water to that
customer;
3. Exercising all reasonable care to prevent loss or damage to town
water utility property, excluding ordinary wear and tear. The cus-
tomer shall be responsible for loss of or damage to town water
utility property on the customer's premises arising from neglect,
carelessness or misuse and shall reimburse the town for the cost
of necessary repairs or replacements;
4. Payment of any equipment damage resulting from unauthorized
breaking of seals, tampering or bypassing the town water utility
meter;
5. Notifying the town of any failure identified in town water utility
equipment;
6. Paying all water rates, charges and fees when due.
B. Water furnished by the town shall be used only on the customer's
premises and shall not be resold to any other person. During critical
water conditions, as determined by the council, the customer shall
use water only for those purposes specified by the council. Disre-
gard for this provision shall be sufficient cause for refusal or discon-
tinuance of water utility service by the town.
C. Each customer shall provide the town and its employees and
agents the right of safe ingress and egress to the customer's prem-
ises for any purpose reasonably connected with the town's water
MARANA TOWN CODE 14 -12
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4/30/09
Title 14. Water
utility property used in furnishing service and the exercise of any
and all rights secured to it by law or this title.
Section 14 -6 -2 Payment of bills
Water rates, charges or fees are due and payable to the town upon
Ordinance No. 98.19 amended section 14 -6 -2
"next "fifteenth
.
billin An water rates, charges or fees not aid in full b the next bill-
g y g paid
by inserting billing date" for of
the month, or within twelve days of billing,
ing date, shall result in a late charge of $15 in addition to the balance
whichever is later." Ordinance No. 2007.31
due.
increased the late charge to $15
Section 14 -6 -3 Grounds for termination of service
A. Water service to a customer may be terminated by the town upon
ten days advance written notice for any of the following reasons:
1. Customer violation of any of the provisions of this title;
2. Failure of the customer to meet or maintain the town water util-
ity's credit and deposit requirements;
3. Failure of the customer to provide the town reasonable access to
its water utility equipment and property;
4. Failure of a customer to pay a delinquent bill for utility service.
Section 14 -6 -4 Nonpayment of delinquent bill; filing of lien;
interest
Ordinance No. 98.19 amended section 14 -6 -4
by rewording paragraph A and adding para-
A. If any bill for a water rate, charge or fee made to the customer pur-
graph 8
suant to this title is not paid by the next billing date, the customer
shall be given written notice specifying that the bill is delinquent and
outlining the procedure by which the customer may challenge the
accuracy of the bill. If a delinquent bill is not paid and no challenge
has been made to the accuracy of the bill after the notice of delin-
quency, the water supply will, without further notice, be turned off,
and not turned on until all sums due are paid in full, together with a
charge for reconnection after delinquency as provided in chap-
ter 14 -7.
B. Pursuant to A.R.S. § 9- 511.02, the town may file a lien on the prop-
erty for unpaid fees that are at least 90 days delinquent. The town
may enforce the lien by any method permitted by law. Unpaid fees
shall accrue interest at the rate provided by A.R.S. § 44 -1201.
Section 14 -6 -5 Reconnection of service
In no case shall any individual or plumber turn on the water supply to
any building or any supply pipe where the supply has been turned off
for the nonpayment of the monthly water bill or for the violation of any
provision of this title. All water that has been turned off by the town wa-
ter utility shall only be turned on again by the employees or agents of
the town water utility.
Section 14 -6 -6 Challenge of accuracy of water bill
A. The procedure by which a customer may challenge the accuracy of
a water bill and the determination of the validity of the challenge
shall be as follows:
1. The customer shall notify the town, in writing, of the challenge of
the accuracy of the water bill and the reasons for it. If the cus-
tomer has received a notice of delinquency, the challenge shall
be filed within ten days of the date of the notice of delinquency.
MARANA TOWN CODE 14 -13 4130109
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Title 14. Water
2. The customer may request that the meter be re -read or the meter
be tested, provided the customer pays the meter re read charge
or the meter test charge in advance in the amount as provided
for in chapter 14 -7. A request for meter re -read or meter retest,
paid for by the customer, shall constitute a challenge to the accu-
racy of the water bill.
3. If the meter reading is found to be in error due to a meter re -read
or meter test, the town shall refund the cost of the meter re -read
or meter test paid by the customer and re -bill the customer. Cus-
tomer shall have 20 days to pay the delinquent bill which had
been challenged and a re -bill sent.
4. The director of the town water utility may appoint a hearing officer
to investigate all challenges of the accuracy of water bills, when
the challenge does not include a request for a meter re -read or
meter retest. The hearing officer shall meet with the customer
challenging the accuracy of the water bill. The hearing officer
shall be empowered to make a decision as to the validity of the
customer's challenge and, if he or she finds the customer's chal-
lenge to be valid, shall be empowered to make the appropriate
correction to the bill. If it is necessary for determination of the
merits of the customer's complaint for the hearing officer to have
a more complete set of facts before him at the time of meeting
with the customer, he or she shall make whatever investigation is
necessary before rendering a decision.
5. The customer's water service shall not be terminated until and
unless the hearing officer completes his or her investigation and
finds the customer's challenge to be without merit, or until the
requested meter re read or meter retest has been conducted and
the meter has been found to be working properly.
6. The hearing officer's decision that the bill rendered to the cus-
tomer is accurate is final.
Section 14 -6 -7 Deposit requirement after termination
If water service is terminated due to nonpayment of a delinquent water
bill, the town shall require payment in full of all amounts due and owing
and payment of a water utility deposit as a condition of reestablishing
water service.
Section 14 -6 -8 Termination without notice
A. Water utility service to a customer may be terminated by the town,
without advance written notice, under the following conditions:
1. The existence of an obvious hazard to the safety or health of the
customer or the general population;
2. The town has evidence of water meter tampering or fraud;
3. Unauthorized resale of water or use of water utility services;
4. Failure of a customer to comply with the curtailment procedures
imposed by the council during supply shortages.
Section 14 -6 -9 Service obligations of town
A. Level of service The town shall make reasonable efforts to supply a
satisfactory and continuous level of service to its customers.
MARANA TOWN CODE 14 -14
{00001471.DOC121)
Ordinance No. 2005.22 reworded paragraph 6
Ordinance No. 2005.22 reworded sec-
tion 14 -6 -7
4/30/09
Title 14. Water
B. Non - liability. The town shall not be responsible for any damage or
claim of damage attributable to any interruption or discontinuation of
service resulting from:
1. Any cause against which the town could not have reasonably
foreseen or made provision for, such as but not limited to force
majeure;
2. Intentional service interruptions to make repairs or perform rou-
tine maintenance;
3. Any service interruption caused by facilities purchased by the
town from existing private water companies;
4. Curtailment.
C. Service interruptions. The town shall make reasonable efforts to
reestablish service within the shortest possible time when service
interruptions occur. If there is a national emergency or local disaster
resulting in disruption of normal service, the town may, in the public
interest, interrupt service to provide necessary service to civil de-
fense, fire protection or other emergency service agencies on a
temporary basis until normal service to these agencies can be re-
stored. When the town plans to interrupt service for more than four
hours to perform necessary repairs or maintenance, the town shall
attempt to inform affected customers at least twenty four hours in
advance of the scheduled day and the estimated duration of the
service interruption. The repairs shall be completed in the shortest
possible time to minimize inconvenience to customers of the town
water utility. Notice to customers shall not be required if there is an
emergency or an outage due to unanticipated events or causes.
D. Minimum delivery pressure. The town shall maintain a minimum
standard delivery pressure of 20 pounds per square inch gauge
(PSIG) at the customer's meter or point of delivery.
E. Construction standards. The town shall construct all facilities in ac-
cordance with the guidelines established by the Arizona Depart-
ment of Health Services, the Arizona Department of Environmental
Quality, the town and any other jurisdiction with authority over the
construction standards for public water supplies.
Section 14 -6 -10 Meter reading; measurement of service
A. Each customer's meter shall be read monthly on as close to the
same day as practical. All water delivered by the town water utility
shall be billed on the basis of metered volume sales, except that the
town may, at its option, provide a fixed charge schedule for the fol-
lowing:
1. Temporary services where water use can be readily estimated;
2. Public and private fire protection service;
3. Water used for town purposes.
Section 14 -6 -11 Customer requested meter re -reads
At the request of a customer, the town shall re -read the customer's
meter within ten working days after the customer's request. Any re-
reads shall be charged to the customer at the rate provided for in
chapter 14 -7, provided that the original reading was not in error.
MARANA TOWN CODE 14 -15 4130109
{00001471.DOC121)
Title 14. Water
Section 14 -6 -12 Customer requested meter tests
At the request of a customer, the town shall test the customer's meter.
Meter tests shall be conducted within ten working days after the cus-
tomer's request. Meter tests shall be charged to the customer at the
rate provided for in chapter 14 -7, provided that the meter was not
found to be in error by more than 3 %.
Section 14 -6 -13 Billing and collection
A. Meter reading The town shall bill its customers monthly for water
services rendered. Meter readings shall be scheduled for periods of
not less than 25 days or more than 35 days. If the town is unable to
read the meter on the scheduled meter read date, the town will es-
timate the consumption for the billing period giving consideration to
the following factors where applicable:
1. The customer's usage during the same month of the previous
year;
2. The amount of usage during the preceding month.
3. Failure on the part of the customer to comply with a reasonable
request by the town for access to its meter may lead to discon-
tinuance of service.
B. Estimated bills Estimated bills will only be issued under the follow-
ing conditions:
1. Conditions which prevent the town from reading the meter; or
2. Circumstances that make it dangerous or impossible to read the
meter; i.e., locked gates, blocked meters, vicious or dangerous
animals, threatening conduct of the customer, etc.
3. Each bill based on estimated usage will indicate that it is an esti-
mated bill.
C. Combining meters Each meter at a customer's premises will be
considered separately for billing purposes, and the readings of two
or more meters will not be combined unless the town, in its sole
judgment, determines good cause exists to combine meter read-
ings.
D. Minimum bill information Each bill for water utility service will con-
tain the following minimum information:
1. Date and meter reading at the start of a billing period;
2. Previous month's meter reading;
3. Bill usage;
4. town water utility telephone number;
5. Customer's name;
6. Service account number;
7. Amount due and due date;
8. Past due amount;
9. Other charges and taxes (where applicable).
MARANA TOWN CODE 14 -16
{00001471.DOC121)
Ordinance No. 98.19 deleted the words "plus
interest (where appropriate)" from para-
graph (D) (8)
4/30/09
Title 14. Water
E. Billing date The date a bill is rendered may be evidenced by any of
the following: the postmark date, the mailing date, certified mail or
certificate of mailing.
Chapter 14 -7 WATER RATES AND CHARGES
Section 14 -7 -1 Monthly charges
A. Charges for water utility service shall be made at monthly intervals
and shall, to the extent consistent with the express policy to charge
for water in direct proportion to the cost of securing, developing and
delivering water to the customers of the town water system, recover
all capital, operational and maintenance costs associated with or at-
tributable to providing water service through the town water system.
Water charges will be computed through the summation of a
monthly base water service fee plus a monthly water use charge,
plus any applicable state or local sales taxes.
B. The monthly base water service fee shall be based upon the meter
size, and shall be as follows:
Meter Size
Monthly Base Fee
%) x 3 /4 " meter
$15.12
1 " meter (fire *)
$15.12
1); meter
$36.72
1 1 /2" meter
$39.96
2" meter
$46.44
3" meter
$62.64
4" meter
$110.16
5" meter
$164.16
6" meter
$218.16
Standpipe
$0.00
*This rate shall be applied to single family
residences that could have been served by a
%x% )j meter but for fire suppression facilities
that make the larger meter necessar
C. The monthly water use charge shall be:
1. $3.24 per 1,000 gallons for standpipe /hydrant meters.
2. $2.86 per 1,000 gallons for meters serving multi - family, commer-
cial, industrial, government and irrigation uses.
3. For meters serving single family residences, a tiered rate based
on the amount of water consumed, as follows:
Gallons of
consumption
Rate per 1,000
gallons
0 to 1,000
$0.00
1, 001 to 10
$2.32
10,001 to 20,000
$3.24
20,001 to 30,000
$4.21
30,001 to 40,000
$5.18
Over 40,000
$7.45
MARANA TOWN CODE
{00001471.DOC121)
14 -17
Ordinance No. 2005.17 amended section
14 -7 -1 by adding the word "base" to para-
graph A and rewriting the remaining para-
graphs. See Ordinance Nos. 96.06 and 98.19
for prior history.
Ordinance No. 2009.03 amended section
14 -7 -1 8 and C by revising the water base fees
and consumption rates.
4/30/09
Title 14. Water
Section 14 -7 -2 Installation charges
A. There shall be an installation charge for all water service connec-
tions. This charge shall include the cost of the water meter, valves,
boxes and installation.
B. Deposits and charges for the installation of a metered water service
connection shall be based upon the size of the meter installed, and
shall be as follows:
Meter
Security
Connection
Installation
Total
Size
Deposit
Charge
Charge
3 /4 x %
$ 125.00
$ 500.00
$400.00
$ 975.00
1 "
$ 85.00
$ 850.00
$550.00
$1485.00
1 1 /2
$ 95.00
$1300.00
$900.00
$2295.00
2
$135.00
$1700.00
$1300.00
$3135.00
Residential
$ 50.00
$ 0.00
$ 0.00
$ 50.00
stand i e
pp
Commercial
$ 100.00
$ 0.00
$ 0.00
$ 100.00
stand i e
pp
A $35 return trip charge shall be assessed to cover the cost of a re-
quested meter installation if the site is not ready when scheduled
C. The installation charge for a metered water service connection in
excess of two inches in diameter shall be the town's actual cost, in-
cluding labor, materials and administrative costs, for installing the
meter.
D. In addition to any service line installation charge, all applicable per-
mit fees, right -of -way costs or unusual construction costs shall be
added and paid for by the applicant at the time of application.
E. Installation charges assume availability of an existing water main
contiguous to the applicant's property. If a main extension is re-
quired, applicant shall pay all costs for the main extension, which
costs shall be non - refundable.
F. Deposits are refunded when customer moves or requests a discon-
tinuance of service, as long as all water bills are paid in full.
G. Connection fees are designed to reflect approximate and appropri-
ate costs of replacing the demand on existing water supply sources
created by each new service. All connection fees are to be retained
in a separate and special fund and account to be used for water
source development to upgrade and improve existing systems.
Funds could be used to pay for appropriate portions of any new
source development that was partially paid for by a developer to
serve a new area and which has excess capacity that could be in-
terconnected and benefit existing customers. Funds could also be
used to develop facilities to take and treat C.A.P. water if it were to
become a viable alternative for existing sources in the future.
H. Set charges for installations reflect estimated expenses and are the
required up front charges. These are estimated charges for the
simplest type of installation. The actual cost of installation will be
billed as determined by the Marana municipal water system. The
actual cost will be increased in the case of pavement cutting, ex-
cessive length, rocky ground, or any other additional cost inflating
MARANA TOWN CODE
{00001471.DOC121)
14 -18
Ordinance No. 98.19 modified section 14 -7 -2
by revising the title headings in the table, delet-
ing the word "guarantee" before "deposit" in
paragraph F, changing "licensing" to "contractor
licensing and Town business licensing" in
paragraph H , and adding paragraph I
Ordinance No. 2005.22 amended the table in
paragraph 8 to clarify standpipe charges. Ordi-
nance No. 2007.31 increased the security de-
posit fee for a % x V meter and added the
footnote
4/30/09
Title 14. Water
factors, or if the actual costs are less than the installation charge,
the excess will be refunded. Since the installation of large meters
involves such variable situations, these will be evaluated individu-
ally and an estimate will be made in each case. The same policy of
actual cost to Marana municipal water system would apply. Large
meter installations can be made by the customer's contractor pro-
vided the contractor builds to town standards and furnishes proof of
contractor licensing and town business licensing. All final inspec-
tions and approvals shall be made by Marana municipal water sys-
tem personnel.
I. Where the water system, including wells and all infrastructure, is paid
by the developer, the developer shall not pay the installation and
connection charge per section 14 -7 -2, but shall have a licensed
contractor install the system with current technology in accordance
with town standards. All other charges in section 14 -7 -3 shall apply.
Section 14 -7 -3 Other service charges
A. New service establishment fee $35. The new service establishment
fee is for the cost of establishing the new customer service account
during regular working days (Monday through Friday) between the
hours of 9:00 a.m. and 4:00 p.m., and requires 24 hours notice. No
service connections will be made after hours, weekends or holidays
except in an emergency situation as determined by the Marana
municipal water system.
B. New service establishment fee after hours: $75.
C. Reconnect fee: $70 (plus bring account current). The reconnect fee
shall be for the cost of reestablishing water service after water ser-
vice has been terminated for any reason and requires 24 hours no-
tice. After -hours reconnect fee is $110. If there is a delinquent bal-
ance due, this amount must be paid in full before service will be re-
connected.
D. Customer requested re -read of meter: $35. This fee shall be re-
fundable if the meter is found not to be reading accurately, defined
as an error of greater than 3 %.
E. Check returned for insufficient funds: $25. This fee shall be added
to a customer's water bill if the check for payment is returned un-
paid due to insufficient funds, closed account or stop payment. If it
becomes necessary to send the outstanding balance to outside col-
lections for payment there will be an additional fee calculated at
25% of the total outstanding bill added to the total.
F. Customer requested meter test: $110. This fee shall be refundable
to the customer if the meter is found not to be reading accurately,
defined as an error of greater than 3 %.
G. Late payment fee: $15.
H. Vacation service: $14. This service consists of one disconnect when
the customer leaves on vacation and one reconnect when the cus-
tomer returns.
I. Hydrant meter fees: A $70 set -up fee shall be assessed in addition to
a $1,300 security deposit on all hydrant meter installations. The
minimum monthly fee for hydrant meters is $50 which includes the
MARANA TOWN CODE 14 -19
{00001471.DOC121)
Ordinance No. 98.19 rewrote paragraphs A
and C and added paragraph H of section
14 -7 -3. Ordinance No. 2007.31 increased vari-
ous fees throughout this section, and added
paragraphs 1 and J and the last sentence of
paragraph E
4/30/09
Title 14. Water
first 15,000 gallons of water used. There will be a $35 fee for all hy-
drant meter relocations.
J Standpipe fees A $35 new service set -up fee shall be assessed in
addition to any other fees in section 14 -7 -2. There will be a $10
charge to replace a standpipe card.
Chapter 14 -8 EMERGENCY WATER CONSERVATION RESPONSE
Section 14 -8 -1 Declaration of policy
Ordinance No. 98.19 reworded section 14 -8 -1
It is hereby declared that because of varying conditions related to wa-
ter resource supply and distribution system capabilities operated by
the town, it is necessary to establish and enforce methods and proce-
dures to ensure that in time of emergency shortage of the local water
supply, (1) the water resources available to the customers of the Water
System are put to the maximum beneficial use, (2) the unreasonable
use, or unreasonable method of use is prevented, and (3) the conser-
vation of water is accomplished in the interests of the customers of the
town water utility, customers of other water utilities located within the
town and for the public health, safety, and welfare of the residents of
the town.
Section 14 -8 -2 Definitions
A. In this chapter, unless the context otherwise requires:
1. "Economic hardship" means a threat to an individual's or busi-
ness' primary source of income.
2. "Notification to the public" means notification through local media,
including interviews, and issuance of news releases.
3. "Outdoor watering day" means a specific day, as described in a
specific outdoor watering plan, during which irrigation with sprin-
kler systems or otherwise may take place.
Section 14 -8 -3 Application
A. This chapter applies to all municipal and industrial water utility cus-
tomers who own, occupy, or control water used on any premises as
defined in this chapter. This chapter shall not apply to any agricul-
tural use of water furnished by an irrigation district.
B. No person shall make, cause, use, or permit the use of water re-
ceived from the town water utility or any other municipally owned or
privately owned water utility providing water service within the town
for residential, commercial, industrial, governmental or any other
purpose in any manner contrary to any provision in this chapter.
C. Mandatory emergency conservation measures shall be imple-
mented based upon the declaration of an emergency pursuant to
section 14 -8 -4.
Section 14 -8 -4 Declaration of water emergency authorized
The council, or in the absence of a quorum, the mayor or the vice
mayor, upon the recommendation of the town manager is hereby au-
thorized to declare a water emergency and to implement mandatory
conservation measures as set forth in this chapter.
MARANA TOWN CODE 14 -20 4130109
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Title 14. Water
Section 14 -8 -5 Implementation; termination
A. The town manager shall develop guidelines which set forth general
criteria to assist the council, or in the absence of a quorum the
mayor or the vice mayor, in determining when to declare a water
emergency. Upon declaration of a water emergency, the town man-
ager shall report in writing to the council providing the reasons for
and expected duration of the emergency and describing implemen-
tation of emergency water conservation measures.
B. A water emergency may be declared for a specific water utility sys-
tem, such as, but not limited to, the town water utility system, the
City of Tucson water utility system located within the town, or any
other public or private water utility system located within the town,
which is unable to provide adequate quantities, qualities or pressure
of water delivery in compliance with Arizona Department of Envi-
ronmental Quality standards or regulations, or fire flow require-
ments, and which constitutes a danger to the public health, safety
and welfare of the residents of that water utility system.
C. The declaration of a water emergency shall be specific to the water
utility system which is unable to provide adequate quantities, quali-
ties or pressure of water delivery in compliance with Arizona De-
partment of Environmental Quality standards or regulations, or fire
flow requirements, and to the water customers of that water utility
system.
D. The owner or operator of a water utility system located within the
town boundaries may request, in writing, that the town declare a
water emergency pursuant to this chapter for its water utility sys-
tem, setting forth the reasons and justification for it.
E. Upon the cessation of the condition or conditions giving rise to the
water emergency, or upon majority vote of the council, or in the ab-
sence of a quorum the mayor or the vice mayor shall declare the
water emergency terminated. Upon termination, the mandatory
conservation measures shall no longer be in effect.
Section 14 -8 -6 Mandatory emergency water conservation
measures
A. Upon declaration of a water emergency and notification to the pub-
lic, the following mandatory restrictions upon nonessential users
shall be enforced as to the customers of the water utility system for
which the water emergency was declared:
1. All outdoor irrigation, except for those areas irrigated with re-
claimed water or water provided by an irrigation district for agri-
cultural use, is prohibited. If the town manager deems it appro-
priate, a schedule designating certain outdoor watering days
may be implemented in place of the irrigation ban.
2. Washing of sidewalks, driveways, parking areas, tennis courts,
patios, or other paved areas with water from any pressurized
source, including garden hoses, except to alleviate immediate
health or safety hazards, is prohibited.
3. The outdoor use of any water -based play apparatus connected to
a pressurized source is prohibited.
MARANA TOWN CODE
{00001471.DOC121)
14 -21
4/30/09
Title 14. Water
4. Operation of water - cooled space and equipment cooling systems
below an operating efficiency level of two cycles of concentration
is prohibited.
5. Restaurants and other food service establishments are prohibited
from serving water to their customers unless water is specifically
requested by the customer.
6. The operation of outdoor misting systems used to cool public ar-
eas is prohibited.
7. The filling of swimming pools, fountains, spas, or other related
exterior water features is prohibited.
8. The washing of automobiles, trucks trailers and other types of
mobile equipment is prohibited, except at facilities equipped with
wash water recirculation systems, and for vehicles requiring fre-
quent washing to protect public health, safety and welfare.
Section 14 -8 -7 Variance
The town manager, or the town manager's designee, is authorized to
review hardship cases and special cases within which strict application
of this chapter would result in serious hardship to a customer. A vari-
ance may be granted only for the reasons involving health, safety, or
economic hardship. Application for a variance from requirements of
this chapter must be made on a form provided by the town manager.
Section 14 -8 -8 Violation
A. If there is any violation of this chapter, the water utility for which the
emergency was declared shall be responsible for having a written
notice placed on the property where the violation occurred and a
duplicate mailed to the person who is regularly billed for the service
where the violation occurred and to any person known to the town
or the water utility, who is responsible for the violation, and order
that it be corrected, ceased, or abated immediately or within such
specified time as the town or water utility determines is reasonable
under the circumstances and shall contain a description of the fees
and penalties associated with the violation.
B. If the order is not complied with within 24 hours, the town or the wa-
ter utility may disconnect the service where the violation occurred. A
fee of $250 shall be imposed for the reconnection of any service
disconnected pursuant to noncompliance, which shall be in addition
to other fees or charges imposed by this chapter for disconnection
of service.
C. In addition to being grounds for disconnection of service, violation of
any provision of this chapter shall be a civil infraction. An individual
or corporation convicted of violating provisions of this chapter shall
be assessed a civil penalty of not less than $250.
D. Nothing in this section shall conflict with the rules and regulation
and approved tariffs of the Arizona Corporation Commission as they
may apply to public service corporations furnishing water service
within the town.
MARANA TOWN CODE 14 -22
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Title 14. Water
Section 14 -8 -9 Enforcement
The town manager is authorized to designate town employees or em-
Ordinance No. 98.19 corrected section 14 -8 -9
by inserting "Town of Marana" (shortened to
ployees of water utility systems not owned by the town to enforce the
"Town" by Ordinance No. 2005.22) in place of
provisions of this chapter. The town and employees of the town's water
"City of Tucson"
utility are expressly authorized to enforce the provisions of this chapter
solely as to customers of the town's water utility system located within
the town.
Chapter 14 -9 BACKFLOW PREVENTION AND CROSS-
Chapter 14 -9 was adopted by Ordinance
CONNECTION CONTROL
No. 98.19, which renumbered chapter 14 -10
Section 14 -9 -1 Purpose
to conform
A. To protect the public potable water supply of the town municipal wa-
ter system from the possibility of contamination or pollution by pre-
venting the backflow of contaminants and pollutants into the public
potable water supply system.
B. To promote the elimination or control of existing cross - connections,
actual or potential, with a customer's internal potable water system,
plumbing fixtures and industrial piping system.
C. To provide for a continuing program of cross - connection control
which will prevent the contamination or pollution of the public pota-
ble water supply system.
Section 14 -9 -2 Backflow prevention required
A. An approved backflow prevention method shall be utilized or in-
stalled at every service connection to a customer's water system or
at any usage point in the water system when the town municipal
water system determines that the potable water supplied by the
public potable water system may be subject to contamination, pollu-
tion or other deterioration in sanitary quality of conditions within the
customer's water system.
B. The backflow prevention method to be utilized or installed shall be
determined by the town municipal water system, which shall be suf-
ficient to protect against the potential degree of hazard to the public
potable water supply from the customer's water system.
Section 14 -9 -3 Hazard potential
A. The degree of hazard potential to the public potable water supply
and system from a customer's water supply system shall be deter-
mined using the following hazard factors:
1. Contamination any condition, device or practice which, in the
judgment of the town municipal water system, may create a dan-
ger to the health and well -being of potable water customers.
2. Cross - connection an actual or potential plumbing -type connec-
tion that is not properly protected by an approved backflow pre-
vention method.
3. Hazard an actual or potential threat which may cause severe
damage to the physical facilities of the public potable water sup-
ply system or which may have a protracted negative effect on the
quality of the potable water in the system.
4130109
MARANA TOWN CODE 14 -23
{00001471.DOC121)
Title 14. Water
4. Pollution an actual or potential threat to the physical facilities of
the public potable water supply system or to the public potable
water supply which, although not dangerous to health, would
constitute a nuisance or be aesthetically objectionable, or could
cause damage to the system or its appurtenances.
Section 14 -9 -4 Backflow prevention methods; list
A. A backflow prevention method shall be any assembly or other
means designed to prevent backflow. The following are the recog-
nized backflow prevention methods which the town municipal water
system may require under section 14 -9 -2 or 14 -9 -5.
1. Air gap: the unobstructed vertical distance through the free at-
mosphere between the opening of the pipe or faucet supplying
potable water to a tank, plumbing fixture or other device. An ap-
proved air gap shall be at least double the diameter of the supply
pipe or faucet and in no case less than one inch.
2. Reduced pressure principle assembly ( "RPA ") an assembly con-
taining two independently acting approved check valves together
with a hydraulically operating, mechanically independent pres-
sure differential relief valve located between the check valves,
and at the same time below the first check valve. The assembly
shall include properly located test cocks and tightly closing shut
off valves located at each end of the assembly and fitted with
properly located test cocks.
3. Double check valve assembly ( "DCVA ") an assembly composed
of two independently acting, approved check valves, including
tightly closing shut off valves located at each end of the assem-
bly and fitted with properly located test cocks.
4. Double detector check valve assembly ( "DDC a specially
designed assembly composed of a line size approved double
check valve assembly with a bypass containing a specific water
meter and an approved double check valve assembly.
5. Pressure vacuum breaker assembly ( "PVB ") an assembly con-
taining an independently operating, loaded check valve and an
independently operating, loaded air inlet valve located on the
discharge side of the check valve. The assembly shall be
equipped with properly located test cocks and tightly closing shut
off valves located at each end of the assembly.
B. A backflow prevention method may be approved by the town mu-
nicipal water system if it has received the approval of the Founda-
tion for Cross - Connection Control and Hydraulic Research of the
University of Southern California and, for assemblies, has a local
manufacturer's parts and service center approval.
C. The town municipal water system shall maintain a list of approved
backflow prevention assemblies by type and manufacturer. The list
shall be available to any customer required to install a backflow
prevention assembly.
Section 14 -9 -5 Backflow prevention methods required
A. Whenever the following items exist or activities are conducted on
premises served by the public potable water system, a potential
MARANA TOWN CODE 14 -24 4130109
{00001471.DOC121)
Title 14. Water
hazard to the public potable water supply shall be presumed, and a
backflow prevention method of the type specified in this section for
that item or activity must be utilized or installed at each service
connection for that premise. The type and size of the assembly
shall be determined by the town:
1. Cooling tower, boiler, condenser, chiller, and other cooling sys-
tems utilizing potable water: RPA
2. Tank, vessel, receptacle, and all other water connections includ-
ing mobile units without approved air gap (except emergency
vehicles and private swimming pools): RPA
3. Ice maker (other than a residential service): RPA
4. Water cooled equipment, boosters, pumps or autoclaves: RPA
5. Water treatment facilities and all water processing equipment
(other than residential water softeners): RPA
6. Bottle washer, bedpan washer, garbage can washer: RPA
7. Pesticide, herbicide, fertilizer, and chemical applicators (other
than typical in home use): RPA
8. Aspirator: RPA
9. Commercial dishwashers, food processing and /or preparation
equipment, carbonation equipment, or other food service proc-
esses utilizing potable water: RPA
10. Decorative fountain, baptismal, or any location water is exposed
to atmosphere: RPA
11. X ray equipment, plating equipment, or any other photographic
processing equipment utilizing potable water: RPA
12. Auxiliary water supply and /or connections to unapproved water
supply systems: RPA
13. Reclaimed water customers: RPA
14. Recreational vehicle dump stations (sewer) or any other loca-
tion where potable water may be exposed to bacteria, viruses, or
gas: RPA
15. Any premises on which chemicals, oils, solvents, pesticides,
disinfectants, cleaning agents, acids or other pollutants and /or
contaminants are handled in a manner by which they may come
in direct contact with potable water, or there is evidence of the
potential to contact potable water (other than typical, infrequent
in home applications): RPA
16. Materials and piping systems unapproved by the uniform plumb-
ing code (UPC) or environmental protection agency (EPA) for
potable water usage (for fire systems see section 14- 9- 5(A)(2O)
and (22) below); for contaminant: RPA; for pollutant: RPA
17. Separately metered or unprotected irrigation systems and con-
struction water services: RPA or PVB as allowed.
18. Any premises where a cross - connection is maintained or where
internal backflow protection is required pursuant to the UPC:
RPA
MARANA TOWN CODE 14 -25
{00001471.DOC121)
4/30/09
Title 14. Water
19. Multi- metered properties with more than one meter connected
to another or any building three stories or greater than 34 feet in
height from service level: RPA
20. Fire systems- American Water Works Association classes 1
and 2 and all systems constructed of a piping material not ap-
proved for potable water pursuant to the UPC as adopted by the
town: DCVA or DDCVA. Furthermore, fire systems, classes 1
and 2, that are under the jurisdiction of the local fire department
that requires periodic sprinkler system testing similar to the
town's are exempt.
21. Fire systems- American Water Works Association classes 3 -6:
RPA or RPA with detector.
22. Fire systems require backflow protection and where backflow
protection is required on the industrial /domestic service connec-
tion that is located on the same premises, both service connec-
tions will have adequate backflow protection for the highest de-
gree of hazard affecting either system: RPA (requirement may
be waived by the town municipal water system.)
B. When two or more of the activities listed above are conducted on
the same premises and serviced by the same service connection or
multiple service connections, the most restrictive backflow preven-
tion method required for any of the activities conducted on the
premises shall be required to be utilized or installed at each service
connection. The order of most restrictive to least restrictive backflow
prevention methods shall be as follows:
1. Air gap (most restrictive)
2. RPA
3. DCVA
4. PVB (least restrictive)
Section 14 -9 -6 Backflow assembly installation requirements
A. At the customer's expense and in compliance with the standards
and specifications adopted by the town, backflow prevention as-
semblies shall be installed by the customer at each service connec-
tion. The assembly shall have a diameter at least equal to the di-
ameter of the service connection.
B. The assembly shall be in an accessible location approved by the
town municipal water system. The RPA, PVB, and DCVA shall be
installed above ground.
C. When a customer desires a continuous water supply, two backflow
prevention assemblies shall be installed parallel to one another at
the service connection to allow a continuous water supply during
testing of the backflow prevention assemblies. When backflow pre-
vention assemblies are installed parallel to one another, the sum of
the cross - sectional areas of the assemblies shall be at least equal
to the cross sectional area of the service connection.
D. No person shall alter, modify, bypass or remove a backflow preven-
tion method without the approval of the town municipal water sys-
tem
MARANA TOWN CODE 14 -26 4130109
{00001471.DOC121)
Title 14. Water
Section 14 -9 -7 Installation of backflow prevention assemblies
for fire systems
In addition to the requirements of section 14 -9 -5, the following shall
also apply:
A. Fire protection systems consist of sprinklers, hose connections, and
hydrants. Sprinkler systems may be dry or wet, open or closed.
Systems of fixed -spray nozzles may be used indoors or outdoors
for protection of flammable - liquid and other hazardous processes. It
is standard practice, especially in towns, to equip automatic sprin-
kler systems with fire department pumper connections.
B. A meter (compound, detector check) should not normally be permit-
ted as part of a backflow prevention assembly. An exception may
be made, however, if the meter and backflow prevention assembly
are specifically designed for that purpose.
C. For cross - connection control, fire protection systems shall be classi-
fied on the basis of water source and arrangement of supplies as
follows:
1. Class 1 : direct connections from public water mains only; no
pumps, tanks, or reservoirs; no physical connection from other
water supplies; no antifreeze or other additives of any kind; all
sprinkler drains discharging to atmosphere, dry wells, or other
safe outlets.
2. Class 2 : same as class 1, except that booster pumps may be in-
stalled in the connections from the street mains. Booster pumps
do not affect the potability of the system; it is necessary, how-
ever, to avoid drafting so much water that pressure in the water
main is reduced below 20 psi.
3. Class 3 : direct connection from public water supply main plus
one or more of the following: elevated storage tanks; fire pumps
taking suction from above - ground covered reservoirs or tanks;
and pressure tanks (all storage facilities are filled or connected to
public water only, the water in the tanks to be maintained in a po-
table condition.) Otherwise, class 3 systems are the same as
class 1 systems. Class 3 systems will generally require minimum
protection (approved double check valves) to prevent stagnant
waters from backflowing into the public potable water system.
4. Class 4 : directly supplied from public mains similar to classes 1
and 2, and with the auxiliary water supply on or available to the
premises; or an auxiliary supply may be located within 1,700 feet
of the pumper connection. Class 4 systems will normally require
backflow protection at the service connection. The type (air gap
or RPA) will generally depend on the quality of the auxiliary sup-
ply.
5. Class 5 : directly supplied from public mains, and interconnected
with auxiliary supplies, such as pumps taking suction from reser-
voirs exposed to contamination, or rivers and ponds; driven
wells, mills or other industrial water systems; or where antifreeze
or other additives are used. Class 4 and 5 systems normally
would need maximum protection (air gap or RPA) to protect the
public potable water system.
MARANA TOWN CODE 14 -27
{00001471.DOC121)
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Title 14. Water
6. Class 6 : combined industrial and fire protection systems supplied
from the public water mains only, with or without gravity storage
or pump suction tanks. Class 6 system protection would depend
on the requirements of both industry and fire protection, and
could only be determined by a survey of the premises.
D. When a backflow prevention assembly is required for a water ser-
vice connection supplying water only to a fire system, the assembly
shall be installed on the service line in compliance with standard
specifications adopted by the town. (Installation of DCVA's or
DDCVA's in a vertical position on the riser may be allowed on fire
systems with the town municipal water system's approval.)
Section 14 -9 -8 Inspections
A customer's water system shall be available at all times during busi-
ness operations for premises inspection by the town municipal water
system. The inspection shall be conducted to determine whether any
cross - connection or other hazard potentials exist and to determine
compliance with this chapter, pursuant to section 14 -9 -11.
Section 14 -9 -9 Permit required
A. Installation: Installation permits for the installation of all backflow
prevention assemblies required by the town municipal water system
shall be obtained from the town municipal water system prior to in-
stallation. A separate permit shall be obtained for each required
backflow prevention assembly to be installed, including replace-
ment.
B. Notification: It shall be the duty of the person doing the work author-
ized by the permit to notify the town municipal water system, orally
or in writing, that the work is ready for inspection. The notification
shall be given not less than 24 hours before the work is to be in-
spected and shall be given only if there is reason to believe that the
work done will meet UPC and current universal standard codes
(USC) standards.
C. Stop orders: Whenever any work is being done contrary to the pro-
visions of the UPC or this code, the town municipal water system or
an authorized representative may order the work stopped by notice
in writing served on any persons engaged in or causing the work to
be done, and the person shall forthwith stop work until authorized
by the town municipal water system to resume work.
D. Suspension or revocation: The town municipal water system or any
employee may, in writing, suspend or revoke a permit issued under
provisions of this code, whenever the permit is issued in error or on
the basis of incorrect information supplied, or in violation of any or-
dinance or regulation of any provision of the UPC or this code.
Section 14 -9 -10 Test; maintenance; records
A. The customer shall test and service backflow prevention assemblies
at least once a year. If the testing reveals the assembly to be defec-
tive or in unsatisfactory operating condition, the customer shall per-
form any necessary repairs, including replacement or overhaul of
the assembly, if necessary, which will return the assembly to satis-
factory operating condition.
MARANA TOWN CODE 14 -28
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Title 14. Water
B. If the town municipal water system or a customer learns or discov-
ers during the interim period between tests that an assembly is de-
fective or in unsatisfactory operating condition, the customer shall
perform any necessary repairs, including replacement or overhaul
of the assembly, if necessary, which will return the assembly to sat-
isfactory operating condition.
C. The annual testing shall be performed by an individual certified to
conduct the testing by an agency approved by the town municipal
water system. A list of certified, approved and recognized individu-
als will be maintained by the town municipal water system and will
be available upon request to all persons required to install or main-
tain a backflow prevention assembly. A certification issued to a
backflow prevention assembly tester may be revoked or suspended
for improper testing, maintenance, reporting or other improper prac-
tices.
D. The customer shall maintain records, on forms approved by the
town municipal water system, of the results of all tests and all ser-
vicing, repairs, overhauls or replacements of the backflow preven-
tion assembly. A copy of the records shall be promptly submitted to
the town municipal water system after completion of the activity for
which the record is made.
E. Fire systems shall not be out of service for more than eight con-
secutive hours due to testing, maintenance, or repairs. The local fire
department shall be notified immediately of any changes in fire ser-
vice status.
Section 14 -9 -11 Modification of backflow prevention
requirements
If the town municipal water system determines after inspection of the
customer's system that a backflow prevention method, less restrictive
than that required in section 14 -9 -5, will provide adequate protection of
the public potable water supply from the degree of hazard potential by
the customer's water system, the town municipal water system may, at
its sole discretion, modify the requirements of section 14 -9 -5.
Section 14 -9 -12 Discontinuance of water service
A. If the town municipal water system discovers that a customer has
not installed a required backflow prevention method or that one has
been improperly tested or maintained, bypassed or removed, or that
an unprotected cross - connection exists in the customer's water sys-
tem, the water service to that service connection shall be discon-
nected if the situation is not remedied within the time specified in
the notice sent to the customer as required by this section. The ser-
vice shall not be restored until the condition is remedied.
B. Water service to a fire sprinkler system shall not be subject to dis-
connection under this section. If a situation, which would otherwise
result in discontinuance of water service in subsection a above, is
not remedied within the time provided in the notice sent to the cus-
tomer, multiple violations will accrue at a rate of one per day until
the problem is remedied.
C. Prior to disconnecting any water service due to a condition set forth
in subsection a above, the town municipal water system shall issue
MARANA TOWN CODE 14 -29 4130109
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Title 14. Water
a notice to the customer describing the condition and notifying the
customer that the condition must be remedied within 45 days from
the initial inspection date. If there is not immediate action on the
part of the customer, a second notice by certified mail shall be sent
30 days after the initial inspection date stating that water service will
be disconnected within 15 days of the second notice. If there is still
no action, a turn off notice shall be sent to the customer stating that
service will be disconnected on a certain date, which would be ap-
proximately seven days from the date of the turn off notice.
D. The town municipal water system may disconnect, without notice,
water service to any customer when the town municipal water sys-
tem discovers that a direct, contaminated cross - connection exists in
the customer's water system.
Section 14 -9 -13 Administrative appeal
An administrative appeal may be requested whenever a violation or
dispute of any of the requirements of this chapter is determined,
whether during construction or at the plan review stage, and the appli-
cant wishes to appeal the decision of the staff because of code inter-
pretation, unreasonable hardship or other acceptable reasons. The
appeal may be made to the backflow and cross - connection hearing
committee as follows:
A. The applicant shall file a written appeal on the forms provided by the
town municipal water system water utility director.
B. The appeal will be heard by the hearing committee within ten days,
at a time specified by the committee.
C. The hearing committee shall consist of the town municipal water
system utility director, utility administration manager, and building
official. Additional inspectors or other staff personnel may be added
for a particular appeal, at the discretion of the town municipal water
system utility director.
D. Adequate information shall be provided by the applicant to fully de-
scribe the conditions in question.
E. The applicant may, but is not required to, personally attend the
hearing committee meeting.
Section 14 -9 -14 Retroactive application
A. These provisions shall apply to all new water customers or users
and all water customers or users existing prior to the enactment of
these amendments to the town code. Notwithstanding the forego-
ing, for multiple- metered premises presenting only a pollution haz-
ard, as defined in section 14 -9 -3, existing as of the effective date of
Ordinance No. 98 -19, only one new or additional backflow preven-
tion assembly shall be installed within 18 months from the initial in-
spection notice and thereafter only one additional backflow assem-
bly installation shall be required during any 12 -month period. Non-
compliance may result in discontinuance of water service without
further notice.
B. Backflow prevention assemblies installed prior to enactment of this
chapter and which do not comply with the requirements set forth in
MARANA TOWN CODE 14 -30
{00001471.DOC121)
Ordinance No. 98.19 was adopted on Sep-
tember 15, 1998 and became effective on
October 15, 1998
4/30/09
Title 14. Water
this chapter, shall be replaced with assemblies which comply with
the standards set forth in this chapter.
C. The initial backflow assembly installation permit fee required by sec-
tion 14 -9 -15 shall be waived by the town municipal water system for
retrofit premises only.
D. Meters documented as running backwards or contamination condi-
tions as defined in section 14 -9 -3 shall be immediately addressed
under section 14 -9 -12, and the provisions of subsection (A) of this
section shall not apply to them.
Section 14 -9 -15 Fees
Unless specifically stated to the contrary, the fee for any permit re-
Ordinance No. 2007.31 added the introduc-
quired pursuant to the terms Of this chapter shall be $80.
tory phrase and increased the fee in Sec-
tion 14 -9 -15
Section 14 -9 -16 Violation
It shall be a civil offense, punishable by a $250 fine, for any person to
violate any of the requirements of this chapter. Each day a violation
continues shall be considered a separate offense.
Chapter 14 -10 VIOLATIONS
Chapter 14 -10 was originally adopted as
Section 14 -10 -1 Installation and repair by individuals prohibited
chapter 14 -9, but was renumbered by Ordi-
nance No. 98.19
All water services to be installed by the town water utility shall only be
installed by the town or its authorized employees or agents as pro-
vided for in this title. It is unlawful for any person to install any water
service or any part of it, or to repair any service now existing or any
part of it, from the water mains to and including the meter, or disturb
any right -of -way easement, street or alley in any manner for the pur-
pose of locating problems with the water system or for any other rea-
son whatsoever.
Section 14 -10 -2 Turning on water without authority
It is unlawful for any person, by false key or otherwise, after the water
has been shut off from any premises, to cause the premises to be sup-
plied with water or for any person to aid or abet that action.
Section 14 -10 -3 Escaping water
No person shall allow water to escape from his or her premises upon
public property, such as alleys, roads or streets, or upon any other
person's property.
Section 14 -10 -4 Interference, tampering with facilities
No person shall open or close any fire hydrant or stopcock connected
with the water system of the town, or lift or remove the covers of any
gate valves or shutoffs, or tap into town water mains or otherwise re-
move water from the town water utility system without a permit from
the director of the town water utility, or in violation of conditions of a
permit, except in case of fire, and then under the direction of the offi-
cers of the fire department.
Section 14 -10 -5 Damaging, defacing facilities
It is unlawful for any person to destroy, deface, impair, injure or wan-
tonly force open any gate or door, or in any way whatsoever destroy,
injure or deface any reservoir, building, storage tank or appurtenances,
MARANA TOWN CODE 14 -31 4130109
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Title 14. Water
fences, trees or fixtures or property appertaining to the water utility of
the town.
Section 14 -10 -6 Penalties
Any violation of this title except as otherwise designated for a particular
chapter of this title shall be a civil offense punishable by a fine of not
more than $250. Each day a violation continues shall be considered a
separate offense.
Chapter 14 -11 AMENDMENTS AND PUBLIC HEARING
Section 14 -11 -1 Amendment procedure
This title may be amended, but all of the proposed amendments shall
be submitted first to the water utility advisory committee for its recom-
mendation, which recommendation shall be submitted to the council
within 30 days after any proposed amendment has been considered by
the water utility advisory committee in a public meeting.
Section 14 -11 -2 Public hearing requirement
Before any proposed amendment to this title may be considered by the
council, the council shall hold a public hearing on the proposed
amendment. Notice of the time and place of the hearing shall be given
at least 15 days before the hearing. Any proposed change in water
rates shall also require notice of the hearing to be provided in the wa-
ter bills of the town municipal water system's customers sent to the
customers at least 15 days prior to the hearing.
MARANA TOWN CODE 14 -32
{00001471.DOC121)
Section 14 -10 -6 was adopted by Ordinance
No. 98.19
Ordinance No. 98.19 replaced "the town's wa-
ter customers" with "the town of Marana mu-
nicipal water system's customers. " Ordinance
No 2005.22 deleted "of Marana. "
4/30/09
Title 15
Marana Regional Airport
CHAPTER 15 -1
CHAPTER 15 -2
CHAPTER 15 -3
CHAPTER 15 -4
CHAPTER 15 -5
CHAPTER 15 -6
GENERAL ................................................................................. ..............................1
AIRCRAFT OPERATIONS ....................................................... ..............................5
FUELING OPERATIONS .......................................................... ..............................8
MOTOR VEHICLE OPERATIONS .......................................... .............................10
MISCELLANEOUS .................................................................. .............................12
VIOLATIONS ........................................................................... .............................14
{00001471. DOC / 21}
Title 15. Marana Regional Airport 0
TITLE 15. MARANA REGIONAL AIRPORT
Title 15 was adopted by Ordinance
Chapter 15 -1 GENERAL
No. 2004.10. All references in title 15 to "Ma-
rana Northwest Regional Airport" were
Section 15 -1 -1 Definitions
changed to "Marana Regional Airport" by Or-
dinance No. 2004.13. Title 15 was rewritten to
A. "Airport" means Marana Regional Airport, formerly known as Ma-
conform to standard Town code style and
rang Northwest Regional Airport, formerly known as Avra Valley Air-
reorganized by Ordinance No. 2005.22.
port.
B. "Airport director" means the town airport director, any person di-
rected by the town manager to act as the airport director, or the air-
port director's authorized representative.
C. "Airport property" means the entire land area encompassing the air-
port, including without limitation any and all leased spaces, aircraft,
motor vehicles and buildings located at or on the airport property.
D. "AOK means the airport operation area, which is the area of the
airport used for aircraft landing, takeoff, or surface maneuvering in-
cluding the areas around hangars, navigation equipment, and
communication facilities.
E. "Apron" means the area intended to accommodate aircraft for pur-
poses of loading or unloading passengers or cargo, refueling, park-
ing, or maintenance.
F. "Holdshort line" means markings consisting of four yellow lines, two
solid and two dashed, extending across the width of the taxiway or
runway indicating where an aircraft is required to stop.
G. "NWFD" means the Northwest Fire District.
H. "NWFD fire chief" means the fire chief of NWFD or a person duly
authorized to act on behalf of the NWFD fire chief.
I. "Runway" means a defined rectangular area prepared for the landing
and takeoff run of aircraft along its length.
J. "Taxilane" means the portion of the apron, or any other area, used
for access between taxiways and aircraft parking or storage areas.
K. "Taxiway" means a defined path established for the taxiing of air-
craft from one part of the airport to another.
L. "Tiedown" means a defined area outdoors where parked aircraft are
tied down with chains or rope.
Section 15 -1 -2 Applicability
Unless a particular regulation states otherwise, the regulations set
forth in this title shall apply only on the airport property.
Section 15 -1 -3 Conditions of use
A. The conditions under which the airport or any of it facilities may be
used shall be as established pursuant to this title or otherwise by
the town council.
B. Any permission directly, indirectly, expressly or implicitly granted by
the town to enter upon or use the airport or any part of it is condi-
tioned upon compliance with this title and any rules, regulations or
minimum operating standard promulgated under this title.
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Title 15. Marana Regional Airport
C. Entry upon the airport property by any operator, off - airport user,
crew member, passenger, spectator, sightseer, vehicle driver, air-
line officer or employee, lessee, sublessee, permittee, person doing
business with the airport, or any other person shall be deemed to
constitute an agreement by that person to comply with all of the fol-
lowing:
1. This title.
2. The requirements of any grant agreement to which the town is
bound relating to the airport.
3. Any and all orders or regulations promulgated by the airport di-
rector.
4. Any and all signs posted by or under the authority of the town or
the airport director.
5. Any and all applicable laws and regulations of the United States
and the state.
D. The town reserves the right to deny any or all use of or access to
the airport to any person for any reasonable cause.
E. Unless expressly provided otherwise, any consent or permission of
the town required under this title must be obtained in advance, in
writing and signed by the airport director.
F. Unless expressly provided otherwise, any notice or application to
the town required under this title must be given in writing to the air-
port director during normal business hours at the airport office.
G. The privilege of using the airport and its facilities is conditioned
upon the user's assumption of full responsibility and risk for that
use. By using the airport and its facilities, the user releases and
agrees to hold harmless and indemnify the town and its officers,
employees and agents from and against any liability or loss result-
ing from that use.
H. Owners and operators of all aircraft based at the airport shall com-
ply with all of the applicable provisions of title 28, chapter 25, Ari-
zona Revised Statutes.
Section 15 -1 -4 Incorporation of rules and standards by
reference
The following, as they may be amended from time to time, are hereby
incorporated by reference as if set out at length in this title:
A. The Marana Regional Airport Minimum Operating Standards.
B. The Marana Regional Airport Rates and Fees Schedule.
C. The Marana Regional Airport Ultralight Standards.
D. The Marana Regional Airport Architecture and Landscape Design
Standards.
E. The Marana Regional Airport Commercial Leasing Policy and Appli-
cation.
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Title 15. Marana Regional Airport 0
Section 15 -1 -5 Airport director's authority
In addition to other powers and duties set forth elsewhere in this title,
the airport director has the following authority:
A. To issue rules, regulations, orders, and instructions necessary to
administer this title, including posting signs at the airport which state
or apply those rules, regulations, orders, or instructions.
B. To waive any portion of this title to ensure public safety or the effi-
cient use of the airport for up to 30 days.
C. To close the airport or any portion of it using applicable FAA proce-
dures, as appropriate, upon determining that conditions are unfa-
vorable for aircraft operations.
Section 15 -1 -6 Airport staff's authority
Each member of the staff of the airport director, as a representative of
the airport director, and any party acting under the direction of the air-
port director based on a contract with the town, is empowered to en-
force the provisions of this title and all orders and regulations issued by
the airport director.
Section 15 -1 -7 Airport operation
A. The airport shall be conducted as a public air facility for the promo-
tion and accommodation of civil aviation and associated activities.
B. The airport shall be open for public use.
Section 15 -1 -8 Conflicting laws, ordinances, regulations and
contracts
A. Whenever a provision of this title, rules and regulations, minimum
operating standards, or rates and fees schedule adopted under this
title is or is determined to be in conflict with any other provision of
this title, regulations adopted under this title, or any zoning, building,
fire, safety, health or other law, ordinance or code of the town, the
Federal Aviation Administration, the United States Government or
the state, the more restrictive provision shall prevail.
B. It is not intended by this title to repeal, abrogate, annul, or in any
way impair or interfere with existing provisions of other laws or ordi-
nances, except those specifically repealed by this title, or to excuse
any person from performing obligations to the town under any lease
or other contract.
C. No existing or future town contract, lease, agreement or other con-
tractual arrangement, and no payment or performance under it,
shall excuse full and complete compliance with this title.
D. Compliance with this title shall not excuse a party's full and com-
plete compliance with any obligations to the town under any existing
or future town contract, lease, agreement or other contractual ar-
rangement.
E. Compliance with this title does not excuse failure to comply with any
other law.
F. All lease agreements and permits and other contractual or govern-
mental arrangements shall be subordinate to the provisions of any
existing or future agreement with the United States or the state to
MARANA TOWN CODE 15 -3
{00001471.DOC121)
The reformatted Town Code adopted by Or-
dinance No. 2005.22 incorrectly numbered
this section as 15 -1 -5. The town attorney re-
numbered it 15 -1 -8 as a scrivener's correc-
tion, under authority confirmed by Ordinance
No. 2008.16
4/30/09
Title 15. Marana Regional Airport 0
MARANA TOWN CODE 15 -4 4130109
{00001471.DOC121)
which the town is a party relating to the operation and maintenance
of the airport.
Section 15 -1 -9 General rules of conduct
The reformatted Town Code adopted by Or-
A.
No person shall do any of the following:
dinance No. 2005.22 incorrectly numbered
this section as 15 -1 -6. The town attorney re-
1. Commit any criminal act or nuisance.
numbered it 15 -1 -9 as a scrivener's correc-
tion, under authority confirmed by Ordinance
2. Camp.
No. 2008.16
3. Sleep.
4. Loiter.
5. Ignite a fire.
6. Maintain a temporary or permanent residence.
B.
All children under the age of 13 years must be accompanied by an
adult 18 years of age or older at all times.
C.
No person shall dispose of garbage, papers, refuse, or other similar
material except in receptacles provided for that purpose.
D.
No person shall destroy, injure, deface, or disturb any building, sign,
equipment, marker or other structure, tree, flower, lawn, or other
public property.
E.
No person shall alter, make additions to, or erect any building or
sign or make any excavations without the permission of the airport
director.
F.
No person shall abandon any personal property.
G.
No person may ride horses without permission of the airport direc-
tor.
H.
No person shall hunt, pursue, trap, catch, injure, or kill any bird or
animal, except in connection with pest control activities authorized
by the airport director.
I.
No weapon or explosive, shall be carried, openly or concealed, by
any person except an on -duty and authorized: peace officer, post
officer, air carrier, airport employee, or member of the United States
Armed Forces. This paragraph shall not apply to broken down,
unloaded and encased firearms being transported by air. For the
purpose of this paragraph, the terms "weapon" and "explosive" in-
clude any "deadly weapon," "explosive," "firearm" or "prohibited
weapon" as defined in A.R.S. § 13 -3101.
J.
No person shall solicit fares or funds for any purpose without per-
mission of the airport director.
K.
No person shall post, distribute, or display signs, advertisements,
circulars, or other printed or written matter on airport property with-
out permission of the airport director.
L.
No person may enter the airport with a dog or other animal unless it
is restrained by a leash or properly confined as determined by the
airport director. Animals shall not be permitted to wander unre-
strained.
M.
No person shall do any of the following without the express authori-
zation of the airport director:
MARANA TOWN CODE 15 -4 4130109
{00001471.DOC121)
Title 15. Marana Regional Airport 0
1. Enter the AOA.
2. Enter or cross an apron.
3. Enter or cross a taxiway.
4. Enter or cross a runway.
5. Enter any area posted as being restricted or closed to the public.
N. No person shall use a rest room other than in a clean and sanitary
manner.
O. No person shall smoke any substance on any apron, taxiway, taxi -
lane, or runway.
P. No person shall bicycle, skateboard, rollerblade, scooter or perform
similar activities in the AOA without permission of the airport direc-
tor.
Q. No person shall walk in a picket line or take part in a labor or other
public demonstration except in a place specifically assigned for that
purpose by the airport director.
R. No person shall enter an office without the permission of the legal
occupant.
Chapter 15 -2 AIRCRAFT OPERATIONS
Section 15 -2 -1 General
A. No person shall navigate, land aircraft upon, or conduct any aircraft
or other operations on or from the airport, or engage in any other
aviation activity at the airport or elsewhere within the town, except
in conformity with the requirements of the Federal Aviation Admini-
stration and all other applicable laws, statutes, ordinances, rules,
regulations and minimum operating standards of the United States,
the state, town, or any other governmental entity with jurisdiction.
B. All aircraft traffic shall conform to the established traffic pattern as
approved by the airport director.
C. No person shall conduct experimental flight or ground demonstra-
tions without prior permission of the airport director.
D. No person while under the influence of intoxicating liquor or drugs
shall operate any aircraft.
E. Parked transient aircraft shall be registered with the office of the air-
port director as soon as possible after landing.
F. All aircraft based at the airport shall be registered with the office of
the airport director before beginning operations. Any change in
ownership of the aircraft shall be reported immediately.
G. No aircraft engine shall be started or run without a competent per-
son at the engine controls.
H. No aircraft engine shall be operated in a way that endangers life or
property.
Section 15 -2 -2 Runways, taxiways, aprons and helipads
A. No person shall
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Title 15. Marana Regional Airport
1. Take off or land an aircraft on the airport except on a runway or
an approved helipad unless otherwise authorized by the airport
director,
2. Land on a closed runway,
3. Take off on a closed runway,
4. Land on a taxiway,
5. Take off on a taxiway,
6. Taxi, hover or enter onto a closed runway,
7. Taxi, hover or enter onto a closed taxiway,
8. Taxi, hover or enter onto a closed apron,
9. Taxi, hover or enter onto a closed taxilane,
10. Park or loiter an aircraft on any runway or taxiway,
11. Board or exit passengers in an area that has not been estab-
lished for that purpose by the airport director, except in an emer-
gency, or
12. Board or exit any aircraft on a runway or in the takeoff or land-
ing area except in an emergency or with prior approval of the
airport director.
13. Move an aircraft in a negligent or reckless manner.
B. No person shall, without the owner's permission,
1. Taxi an aircraft,
2. Fly an aircraft,
3. Interfere or tamper with an aircraft,
4. Enter an aircraft, or
5. Remove fuel from an aircraft.
C. No person shall start or taxi any aircraft where the air or exhaust
blast is likely to cause injuries to persons or property or create a
nuisance or safety hazard. If an aircraft cannot be taxied without
violating this paragraph, it must be towed to the desired destination.
D. All aircraft shall be taxied at slow and reasonable speeds and shall
not be taxied across or onto a runway without first stopping at the
holdshort line and waiting for any approaching aircraft preparing to
land.
E. No aircraft capable of movement on the ground shall be operated
unless it is equipped with wheels and wheel brakes.
Section 15 -2 -3 Hangars, tiedowns and storage
A. No person shall:
1. Enter an aircraft hangar or storage room without the permission
of the legal occupant,
2. Leave an aircraft unattended unless it is properly tied down or
placed in a hangar,
MARANA TOWN CODE
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Title 15. Marana Regional Airport
3. Park or store an aircraft except in areas designated by the airport
director, or
4. Use a tiedown without authorization
B. No aircraft shall be operated in or taxied into or out of a hangar or
covered tiedown.
C. Aircraft shall not occupy any hangar, shade or tiedown, nor shall
aircraft be operated, in areas:
1. Where the aircraft's wingspan exceeds the maximum approved
wingspan designation for that area as specified by the airport di-
rector or as published, or
2. Where the aircraft's weight exceeds the maximum approved
weight restriction for that area as specified by the airport director
or as published.
D. To avoid being considered abandoned and being removed from the
airport property by the airport director at the aircraft owner's ex-
pense, aircraft stored outside must:
1. Have a current annual certification, and
2. Be supported by its own landing gear with fully inflated tires and
in a condition to tow.
E. Inoperable, abandoned or junked aircraft, and aircraft awaiting ma-
jor repair, shall be stored in a fully enclosed hangar or will be re-
moved from the airport property by the airport director at the aircraft
owner's expense.
F. Aircraft stored outside shall not leak fuel, oil, or other materials on
the ground or aprons.
G. Each hangar lessee shall provide suitable metal receptacles for
storing waste, rags, and other rubbish and shall remove all rubbish
from the airport property at least weekly.
Section 15 -2 -4 Aircraft maintenance
A. Preventive maintenance, as defined in title 14 Code of Federal
Regulations Part 43, Appendix A(c), may be performed by the air-
craft owner in a secured hangar.
B. An aircraft owner who possesses a current mechanic rating from the
Federal Aviation Administration may perform in a secured hangar
maintenance work permitted under his or her mechanic rating.
C. No aircraft maintenance shall be performed in the open tiedowns,
covered tiedowns, or aprons.
D. No aircraft shall be permitted to remain on any part of the landing or
takeoff areas for the purpose of repairs.
E. All aircraft maintenance shall be performed on pavement.
Section 15 -2 -5 Rotorcraft
A. No person shall operate or move a rotorcraft while its rotors are
turning unless there is a clear area of at least 50 feet from the outer
tip of each rotor.
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Title 15. Marana Regional Airport
B. No person shall hover taxi a rotorcraft on taxilanes between the
hangars, covered tiedowns or open tiedown areas.
C. Rotorcraft shall only take off and land on an approved helipad or
helistop.
D. Rotorcraft stored in hangars or tiedowns must be towed to an ap-
proved helipad or helistop before starting the engine.
E. Rotorcraft shall not be operated in a manner that will produce dirt,
rocks or debris on any runway, taxiway, taxilane or apron.
Section 15 -2 -6 Hang gliders, paragliders and ultra -light aircraft
No person shall operate a hang glider, powered paraglider, ultra -light
aircraft or any other device falling under title 14 code of Federal Regu-
lations Part 103 at, onto or from the airport without the prior written ap-
proval of the airport director.
Section 15 -2 -7 Hot air balloons
Hot air balloons shall not be operated at the airport without the prior
written approval of the airport director.
Section 15 -2 -8 Aircraft accident procedures
A. Any person involved in an aircraft accident shall make a full report
of the accident to the airport director within 24 hours after the acci-
dent.
B. Any person whose operation of an aircraft results in property dam-
age shall report the damage to the airport director immediately and
shall be fully responsible for the cost of repairs.
C. The pilot and owner of a disabled aircraft shall promptly remove the
disabled aircraft or its parts as directed by the airport director, sub-
ject to accident investigation requirements.
D. Aircraft accidents that are subject to accident investigation require-
ments shall be secured by the airport director with assistance from
the Marana police department and NWFD.
E. The airport director shall be the incident commander for all acci-
dents on the airport property.
Chapter 15 -3 FUELING OPERATIONS
Section 15 -3 -1 General requirements
A. Except as provided in section 15 -3 -2, aircraft may be fueled or de-
fueled only by a contractually authorized commercial enterprise that
holds a valid permit from the town authorizing fueling and defueling.
B. Aviation fuels, oils or lubricants shall be transported or delivered
only by the holder of a valid permit from the town authorizing the
transportation or delivery of aviation fuels, oils or lubricants.
C. No person shall
1. Fuel or defuel an aircraft while its engine is running or is being
warmed by applying external heat,
2. Fuel or defuel an aircraft while it is in a hangar or enclosed
space,
MARANA TOWN CODE 15 -8
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Title 15. Marana Regional Airport
3. Fuel or defuel an aircraft containing passengers unless a pas-
senger loading ramp is in place at the cabin door, the door is
open, and a cabin attendant is at or near the door and a "No
Smoking" sign is displayed in the cabin and enforced,
4. Start the engine of an aircraft if there is any gasoline or other
volatile flammable liquid on the ground beneath it of sufficient
quantity to constitute a hazard, or
5. Operate a cell phone, radio transmitter, radio receiver or switch
electrical appliances on or off in or within 50 feet of an aircraft
while it is being fueled or defueled.
D. All commercial fuelers shall have their fueling equipment inspected
and approved by NWFD annually. A written letter from NWFD shall
be presented to the airport director showing an approved inspection
annually.
E. During the fueling of an aircraft, the dispensing apparatus and the
aircraft shall both be grounded.
F. Each person engaged in fueling or defueling shall exercise care to
prevent the overflow of fuel and shall have readily accessible and
adequate fire extinguishers.
G. During the fueling or defueling of an aircraft, no person shall, within
50 feet of the aircraft, smoke or use any material that is likely to
cause a spark or be a source of ignition.
H. Each hose, funnel, or appurtenance used in fueling or defueling an
aircraft shall be maintained in a safe, sound, and non - leaking condi-
tion and must be properly grounded to prevent ignition of volatile liq-
uids.
I. All persons shall comply with the provisions of the fire code adopted
by NWFD.
J. NWFD may inspect as often as may be necessary all buildings and
premises for the purpose of determining and causing to be cor-
rected any conditions which would reasonably tend to endanger life
or property by causing fire or contributing to its spread. All orders
and notices of the NWFD fire chief shall be complied with by all
persons without delay.
K. When backing gasoline tenders, the driver shall remain in the vehi-
cle and shall not stand on the running board or fender.
L. Gasoline tenders shall at all times be positioned to facilitate their
rapid removal.
M. All fuelers shall:
1. Pay a flowage fee as established in the airport rates and
charges,
2. Provide the airport director with monthly fuel purchase and deliv-
ery documents in a form acceptable to the airport director,
3. Train their employees annually on safe fuel handling practices,
fire fighting procedures, and spill containment, and
4. Provide the airport director with proof of training certification
N FPA# 407 and FAA AC 15/5230 -4.
MARANA TOWN CODE 15 -9
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Title 15. Marana Regional Airport 0
Section 15 -3 -2 Self- fueling
A. Aircraft may be "self- fueled "; that is, fueled by the aircraft's owner,
provided that:
1. The self - fueler holds a valid permit from the town authorizing self -
fueling,
2. The self - fueler is the lessee of a valid and enforceable hangar or
tiedown lease with the town, and
3. The requirements of section 15 -3 -1 and this section are met.
B. Aircraft owned by:
1. An individual may be self - fueled only by the individual owner,
2. A partnership may be self - fueled only by a partner in the partner-
ship, and
3. A corporation may be self - fueled only by an officer or employee
of the corporation.
C. Self- fueling shall take place on the lessee's leased area or directly
in front of lessee's hangar.
D. Aircraft owners who desire to self -fuel shall
1. Provide proof of public liability and environmental impairment li-
ability insurance,
2. Obtain a permit from the airport director, and
3. Have their fueling equipment inspected and approved annually
by the NWFD, as evidenced by a written approval from the
NWFD and provided to the airport director.
Chapter 15 -4 MOTOR VEHICLE OPERATIONS
Section 15 -4 -1 General
A. No person shall
1. Operate any motor vehicle in violation of this title or rules prom-
ulgated and posted by the airport director or the laws of the
state,
2. Operate a motor vehicle in a negligent or reckless manner,
3. Operate a motor vehicle in the AOA in excess of 15 miles per
hour,
4. Operate a vehicle onto or across a runway except when author-
ized by the airport director,
5. Operate a vehicle onto or across a taxiway except when author-
ized by the airport director,
6. Operate an uncovered vehicle to haul trash,
7. Operate a vehicle for hauling trash, dirt, or any other material
unless it is built to prevent its contents from dropping, sifting,
leaking, or otherwise escaping,
8. Spill dirt or any other material from a vehicle,
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Title 15. Marana Regional Airport
9. Clean or make any repairs to motor vehicles anywhere except in
an enclosed hangar or building, or
10. Operate a bicycle, go -cart, ATV, sand dune or any other type of
unlicensed vehicle in the AOA.
B. No motor vehicle shall be operated if it is constructed, equipped or
located in a way that endangers people or property.
C. Operators of motor vehicles in the AOA shall yield the right -of -way
to taxiing aircraft.
D. All motor vehicles in the AOA shall pass to the rear of aircraft whose
engines are running.
Section 15 -4 -2 Motor vehicle accident procedure
Each operator of a motor vehicle involved in an accident that results in
personal injury or in total property damage of more than $50 shall
make a full report of the accident to the airport director as soon as
possible after the accident. The report shall include the name and ad-
dress of the person reporting.
Section 15 -4 -3 Motor vehicle parking and storage
A. No person shall
1. Park or stand a motor vehicle except in an area specifically des-
ignated for parking or standing,
2. Park a vehicle in a restricted or reserved area unless a parking
permit issued by the airport director for that area is displayed in
the manner prescribed by the airport director,
3. Park a vehicle on a runway, taxiway or taxilane,
4. Park a vehicle in a runway safety area,
5. Park a vehicle in a taxiway safety area,
6. Park a vehicle in a taxilane safety area,
7. Park or stand a motor vehicle in violation of any validly posted
sign,
8. Park or stand a motor vehicle within 15 feet of a fire hydrant,
9. Park in a way that blocks any fire gate or entrance,
10 Park in a way that causes a motor vehicle to occupy more than
one marked space,
11. Park a motor vehicle in individual storage hangars or aircraft
shelters unless permitted by the legal occupant the structure,
12. Park a vehicle for more than three days unless the vehicle is
parked in an area designated for long term parking,
13. Park an inoperable motor vehicle,
14. Park or operate an unregistered motor vehicle,
15. Abandon a motor vehicle, or
16. Leave a motor vehicle standing unattended or parked on the air-
port with:
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Title 15. Marana Regional Airport 0
a. A key in the ignition switch,
b. The motor running,
c. A key in the door lock, or
d. An open door.
B. Vehicles, motor homes, boats, trailers and recreational vehicles
may be stored only in an enclosed hangar or building structure oc-
cupied by an airworthy and flyable aircraft with a current FAA regis-
tration.
C. Motor homes, boats, trailers and recreational vehicles
1. Shall not be parked in an open parking area for more than two
days, and
2. Shall only be parked in areas approved by the airport director,
and
3. Are not permitted in the AOA.
C. Mini - mobiles or other similar types of storage containers are permit-
ted only upon approval of the airport director.
Section 15 -4 -4 Removal of violations
The airport director or his agent may remove, at the owner's expense,
any motor vehicle, motor home, boat, trailer, recreational vehicle, stor-
age container, or any other type of vehicle or storage device which is
in violation of this title. The vehicle or storage device shall be subject to
a lien for the cost of removal.
Chapter 15 -5 MISCELLANEOUS
Section 15 -5 -1 Hazardous materials and explosives
A. No person shall
1. Store any combustible materials, flammable liquids, or other haz-
ardous materials in an aircraft hangar or other building except in
locations and containers approved by NWFD,
2. Park an aircraft which is carrying explosives or inflammable ma-
terial,
3. Use a flammable volatile liquid having a flash point of less than
100 degrees Fahrenheit to clean an aircraft, aircraft engine, pro-
peller, or appliance in an aircraft hangar or similar type building
or within 50 feet of another aircraft, building, or hangar,
4. Store or stock material or equipment in a way that creates a fire
hazard,
5. Use in any passenger loading area or other public area any ma-
terial (such as oil absorbents or similar material) that creates an
eye hazard when picked up, swirled, or blown about by the blast
from an aircraft engine, or
6. Conduct a painting or doping process on the airport except in a
properly designed fire - resistive and ventilated room or building in
which all lights, wiring, heating, ventilating equipment, switches,
outlets, and fixtures are approved for use in hazardous areas
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Title 15. Marana Regional Airport
and in which all exit facilities are approved and maintained for
that use, as evidenced by a written approval from NWFD and
provided to the airport director.
B. Explosives or inflammable material may only be loaded or unloaded
from an aircraft in areas designated by the airport director.
C. No open flame, flame - producing device, or other source of ignition
shall be permitted in any hangar or similar -type building except in
locations approved by the airport director.
D. Any person to whom space on the airport is leased, assigned or
made available for use shall keep the space free and clear of oil,
grease, or other foreign materials that could cause:
1. A fire hazard,
2. A slippery or otherwise unsafe condition, or
3. A violation of the airport's stormwater permit.
E. The following shall be stored in a fully enclosed area consistent with
stormwater guidelines:
1. Used and new batteries.
2. Used and new oil, fuel and other fluids and material.
Section 15 -5 -2 Airport tenant obligations
A. Persons provided with either a code or access device for the pur-
pose of obtaining access to the airport shall
1. Only use airport- issued codes or devices
2. Not allow any other person to use the code or device
3. Not divulge, duplicate, or otherwise distribute the code or device
to any other person.
B. No lessee or sublessee shall knowingly allow their leased or sub-
leased property to be used or occupied for any purpose prohibited
by this title or by their lease.
C. No tenant, lessee, concessionaire, or agent of any of them shall
keep uncovered trash containers on a sidewalk or road or in a pub-
lic area.
D. Each lessee of a hangar or other operational area specified by the
airport director shall maintain a bulletin board in a conspicuous
place in the hangar or area where all of the following shall be
posted and visible to occupants:
1. Current workers' compensation notices.
2. A list of competent physicians.
3. A list of the lessee's liability insurance carriers.
4. A copy of this title.
5. A copy of each pertinent order or instruction issued under this ti-
tle.
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Title 15. Marana Regional Airport
E. No tenant or lessee of a hangar, shop facility, or other operational
area specified by the airport director shall store or stack equipment
or material in a manner hazardous to persons or property.
F. No tenant or lessee shall store any objects, parts or any other items
except within their own hangar or a screened outside storage facility
approved by the airport director.
G. Each tenant or lessee of a hangar, shop facility, or other operational
area specified by the airport director shall supply and maintain ade-
quate and readily accessible fire extinguishers.
H. The airport director shall have the right at all reasonable times to
inspect all areas under lease to or occupied by tenants.
Section 15 -5 -3 Commercial operations
A. No person shall engage in any business or commercial activity
without a lease approved by the airport director or a town approved
sublease from a duly authorized master lessee, or a license or per-
mit from the town.
B. No person shall sell any item without a lease approved by the air-
port director or a town approved sublease from a duly authorized
master lessee, or a license or permit from the town.
C. No person shall take still, motion or sound pictures of, at, or on the
airport for commercial purposes without first receiving a written
temporary activity permit issued by the airport director.
D. No person shall post, distribute or displays signs, advertisements,
circulars or printed or written matter except in an approved area or
with permission from the airport director.
Chapter 15 -6 VIOLATIONS
Section 15 -6 -1 Criminal penalties
A person convicted of violating any of the provisions of this title shall
be guilty of a misdemeanor punished by a fine of not less than $500
and not more than $2,500 or by imprisonment for a period not to ex-
ceed six months, or by both such fine and imprisonment.
Section 15 -6 -2 Civil penalties
In addition to any other remedy available as a matter of law, violations
of this title or of any rule, regulation, order, or instruction issued by the
airport director may result in withdrawal of permission to use the air-
port.
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Title 16
Utilities Board
CHAPTER 16 -1 GENERAL ................................................................................. ..............................1
{00001471. DOC / 21}
Title 16. Utilities Board .
TITLE 16. UTILITIES BOARD
Chapter 16 -1 GENERAL
Section 16 -1 -1 Creation.
There is created the utilities board of the town for the purpose of man-
aging and operating the utility operations of the town including water,
wastewater, street lights, electric and other authorized utility functions
in compliance with this title and the provisions of applicable law.
Section 16 -1 -2 Membership.
The membership of the utilities board shall consist of the town utilities
director, a council- appointed wastewater representative, the town op-
erations director, the town finance director, a town assistant manager
designated by the town manager, a council- appointed town resident,
and one member of the council appointed by the council. The council
shall choose the chair of the utilities board from among its member-
ship.
Section 16 -1 -3 Powers and duties.
A. The utilities board shall have the following powers and duties:
1. Keep and submit minutes to the council for information.
2. Subject to the provisions of paragraph C of this section, manage
and operate the water, wastewater, street lights, electric and
other utility functions of the town in accordance with the provi-
sions of this code and applicable law.
3. Adopt and amend bylaws of the board, which shall be effective
upon review and approval by the council.
B. Notwithstanding the provisions of paragraph A of this section, re-
sponsibility for the daily operations of the utilities of the town shall
be vested in and performed by the utilities director under the super-
vision of the town manager. The chair of the utilities board, on be-
half of the board, shall consult with the town manager with respect
to the operations of the town's utilities.
C. The council shall be responsible for approval of utility rates, adop-
tion of the budget, capital acquisitions and approval of contracts as
required by chapter 3 -4 of the town code and applicable law.
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No. 2005.20
4/30/09
Appendix. Table of Revisions
APPENDIX. TABLE OF REVISIONS This appendix was added for administrative
tracking purposes on February 17, 2006
ORDINANCE
ADOPTED
EFFECTIVE
DESCRIPTION
2006.01
2 -17 -2006
2 -17 -2006
Added chapter 9 -11 metham hetamine ordinance
N/A
N/A
2 -17 -2006
February 17, 2006 scrivener's correction renumbered sections
15 -1 -8 and 15 -1 -9 under the authority of Ordinance
No. 2005.22, confirmed by Ordinance No. 2008.16
2006.04
3 -7 -2006
4 -7 -2006
Added chapter 10 -6 (smoking ordinance); moved former chap-
ter 10 -6 to chapter 10 -7
2006.08
4 -4 -2006
4 -4 -2006
Revised section 5 -6 -1 (municipal court fees)
2006.14
6 -6 -2006
6 -6 -2006
Revised chapters 3 -1 and 3 -2 (adding and revising various
town officer positions
2006.15
6 -6 -2006
7 -7 -2006
Revised section 5 -2 -3 (hearing officers) and added chap-
ter 5 -7 (civil town code violation enforcement)
2006.16
6 -6 -2006
7 -7 -2006
Building codes update ordinance various title 7 revisions
2006.21
7 -11 -2006
7 -11 -2006
Amended the animal code by revising sections 6 -1 -2 and
6 -8 -2 and replacing chapters 6 -2 and 6 -3
2006.25
9 -5 -2006
9 -5 -2006
Amended chapter 2 -6 (special and standing boards, commis-
sions and committees) by revising section 2 -6 -1 and replacing
section 2 -6 -2 with new sections 2 -6 -2 through 2 -6 -5 and de-
leted chapter 2 -7 (special committees), chapter 2 -8 (planning
and zoning commission) and chapter 2 -9 (board of adjust-
ment
2006.31
11 -7 -2006
12 -7 -2006
Amended title 12 (traffic) by revising section 12 -2 -11 (speed
limits) to remove specific roadway segments from the town
code and replace them with a separate speed limit map and
table, rewriting chapter 12 -3 (parking) to prohibit parking within
right -of -way to display vehicles or goods for sale and to align
town and state parking regulations, and revising and moving
the various penalty provisions so that they appear within the
chapter to which they appl
2006.33
12 -5 -2006
1 -5 -2007
Amended section 7 -1 -2 to adopt by reference new (in most
cases the 2006) versions of various national codes, with local
amendments
2007.04
3 -6 -2007
5 -1 -2007
Deleted chapter 10 -6 and section 10 -7 -5 (smoking ordinance)
2007.05
3 -20 -2007
3 -20 -2007
Added section 4 -1 -8 (public safety employee organization
meet and confer
2007.11
5 -1 -2007
7 -1 -2007
Added chapter 5 -8 home detention ordinance
2007.12
5 -1 -2007
7 -1 -2007
Added section 5 -6 -2 (probation monitoring fees)
2007.13
5 -1 -2007
6 -1 -2007
Amended various animal code fees and penalties in sec-
tions 6 -2 -8, 6 -2 -9 6 -2 -12 and 6 -5 -2
2007.14
6 -5 -2007
6 -5 -2007
Added dog waste removal time limit in section 6-3-5(B
2007.15
6 -5 -2007
6 -5 -2007
Revised park firearm regulations in section 13 -1 -3 and penal-
ties in section 13 -1 -4
2007.18
8 -7 -2007
9 -7 -2007
Added chapter 10 -6 (special events permit)
2007.21
9 -4 -2007
9 -4 -2007
Revised municipal court prosecution and court improvement
fees (section 5- 6- 1(B)(2) and (4))
2007.22
9 -18 -2007
9 -18 -2007
Revised section 7- 1- 2(A)(8) to adopt the 2006 international fire
code, with local amendments, and changed all Title 7 occur-
rences of "building department" to "building safety department"
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Appendix. Table of Revisions
ORDINANCE
ADOPTED
EFFECTIVE
DESCRIPTION
N/A
N/A
9 -18 -2007
September 18, 2007 scrivener's correction changed "building
department" to "building safety department" in sections
9- 6 -5(B), 9- 6- 6(E)(6) and 9- 6 -8(A) to conform to Ordinance
No. 2007.22, under the authority of Ordinance No. 2005.22,
confirmed by Ordinance No. 2008.16
2007.31
12 -18 -2007
12 -18 -2007
Revised various water service fees in sections 14 -6 -2, 14 -7 -2
14 -7 -3 and 14 -9 -15
2007.32
12 -18 -2007
12 -18 -2007
Revised chapters 5 -2 and 5 -3 to place administrative control of
the municipal court under the town magistrate, added "class 1 "
before "misdemeanor" in sections 5- 7 -4(B) and 5 -7 -11, and
conformed all inconsistent references to the court throughout
the town code to "municipal court"
2008.04
1 -22 -2008
1 -22 -2008
Changed the name of title 12 from "Traffic" to "Traffic and
Highways" and added chapter 12 -7 (construction in town
rights-of-way)
2008.08
3 -4 -2008
3 -4 -2008
Added section 12 -2 -12 (speed limits in areas undergoing
roadway construction) and revised section 12 -2 -15 (penalties)
2008.11
5 -20 -2008
6 -20 -2008
Added chapter 12 -8 (solicitation of employment, business or
contributions from occupants of vehicles traveling on town
streets or highways)
2008.15
7 -1 -2008
7 -1 -2008
Revised boards and commissions requirements in sec-
tion 2 -6 -2 (application, recommendation, appointment and re-
moval) and section 2 -6 -3 (terms of office)
2008.16
8 -5 -2008
9 -4 -2008
Amended the title of chapter 1 -4 and added section 1 -4 -5, au-
thorizing the town attorney and town clerk to correct scriv-
ener's errors
2008.17
8 -5 -2008
9 -5 -2008
Increased certain dog license fees in sections 6 -2 -8, 6 -2 -9,
and 6 -2 -12
2008.18
8 -12 -2008
8 -12 -2008
Adopted the 2008 Marana outdoor lighting code, referenced in
section 7 -1 -2 (building codes adopted)
2008.19
8 -12 -2008
8 -12 -2008
Revised title 3 by amending and adding certain employee po-
sitions, amending section 3 -1 -2, 3 -1 -3, and 3 -1 -4, and adding
sections 3 -2 -11, 3 -2 -12, and 3 -2 -13
N/A
N/A
9 -4 -2008
September 4, 2008 scrivener's error correction revised the
cross - reference in section 12 -2 -15 (penalties), which had been
renumbered by Ordinance No. 2008.08, under the authority of
Ordinance No. 2008.16
N/A
N/A
9 -19 -2008
September 19, 2008 scrivener's error correction to section
10 -2 -4, deleting a wayward reference to section 10 -4 -2, under
the authority of Ordinance No. 2008.16
2009.03
2 -24 -2009
3 -27 -2009
Amended section 14 -7 -1 to revise water base fees and con-
sumption rates
2009.04
3 -3 -2009
3 -3 -2009
Adopted chapter 11 -8 (leaving a child under the age of eight
years unattended in a motor vehicle) and renumbered existing
chapters 11 -8 and 11 -9
N/A
N/A
4 -30 -2009
April 30, 2009 scrivener's error correction to section 11 -5 -2,
deleting a wayward reference to section 11 -8 -2 and correcting
it to refer to section 11 -9 -2, under the authority of Town Code
section 1 -4 -5.
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