HomeMy WebLinkAboutMarana Town Code Revised as of 06/04/2010OFFICIAL 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. 2010.06, adopted on May 4, 2010 and effective on June 4,
2010.
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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.
CHAPTER 1 -9.
HOW CODE DESIGNATED AND CITED .............................. ............................1 -1
CONSTRUCTION OF ORDINANCES .................................... ............................1 -1
DEFINITIONS ......................................................................... ............................1 -1
REFERENCE TO CODE; CONFLICTING PROVISIONS; SCRIVENER'S
ERRORS ................................................................................. ............................1 -3
SECTION HEADINGS ............................................................ ............................1 -4
EFFECT OF REPEAL ............................................................ ............................1 -4
SEVERABILITY OF PARTS OF THE CODE ......................... ............................1 -4
PENALTY ............................................................................... ............................1 -4
CODE COMPLIANCE ............................................................ ............................1 -5
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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
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.
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 re-
2005.22, which added "and interpretation" to
the title, split the provisions into definitions
quires otherwise, the following terms shall have the following
and rules of interpretation, simplified the lan-
m ea n i n g s :
guage, deleted definitions of words not used
1. "Code" means the town code of the town of Marana, Arizona,
in the code, and added definitions of "fire
chief' and "fire department"
including those portions codified in this volume, those portions
codified separately, and those separate codes and provisions
incorporated 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 per-
son 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 apply 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
affirmation may be substituted for an oath, and in those cases
the words "swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed."
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Title 1. General
10. "Owner" includes any whole or part owner, joint owner, tenant
in common, joint tenant or lessee.
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,
respectively.
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 sig-
nature by mark may be acknowledged or may serve as a signa-
ture 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
powers or other regulatory powers as authorized by statute.
22. "Week" means seven consecutive days.
23. "Writing" means any form of recorded message capable of
comprehension 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, commis-
sion, committee, office, officer or employee, it shall mean a de-
partment, board, commission, committee, office, officer or em-
ployee of the town of Marana unless the context requires oth-
erwise.
3. Words of the masculine gender include the feminine, words in
the singular include the plural and words in the plural include
the singular.
MARANA TOWN CODE
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1 -2
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Title 1. General ()
4. Words purporting to give joint authority to a group of three or
more town officers or other persons shall be construed as giv-
ing the authority to a majority of those officers or other persons
unless the law giving the authority expressly declares other-
wise.
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
expressed 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 mid-
night, 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
Ordinance No. 2008.16
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.
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.
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.
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.
1 -4 -5 Authority to correct scrivener's errors Section 1 -4 -5 was added by Ordinance
No. 2008.16
A. The town attorney and town clerk are hereby each individually au-
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:
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Title 1. General
1. Misspelling.
2. Grammatical error.
3. Numbering error.
4. Cross - referencing error.
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 explana-
tory and historical notes in the right -hand margin of the town
code.
2. A correction to an ordinance or resolution shall be accompa-
nied by a scrivener's note on or attached to the corrected ordi-
nance 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
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.
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 provisions
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of title 28, title 6, chapters 20 and 21, Arizona revised
amendments to them.
CHAPTER 1 -9. CODE COMPLIANCE
1 -9 -1 Definition
"Code compliance officer" means any employee designated and au-
thorized by the town manager to administer and enforce any provision
of the town code, the land development code or any other town ordi-
nance, or any duly authorized agent or designee of that employee, re-
gardless of the employee's position title.
1 -9 -2 Authority of code compliance officers
Code compliance officers are granted the authority expressly and im-
pliedly necessary for the administration and enforcement of those ar-
eas of the town code, the land development code or any other town
ordinance that the code compliance officer is responsible for. This au-
thority includes, but is not limited to, authorization to issue uniform civil
code complaints, as described in chapter 5 -7 of this code, for any vio-
lations of the town code, the land development code or any town ordi-
nance that are classified as civil offenses. Code compliance officers
may not issue citations for violations that are classified as criminal of-
fenses.
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Title 1. General
statutes and �
Chapter 1 -9 was added by Ordinance
No. 20 10. 01
7/12/2010
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 ............................................................................. ............................... 2 -1
COUNCIL ELECTION ............................................................ ............................2 -2
MAYOR AND VICE MAYOR .................................................. ............................2 -5
COUNCIL PROCEDURE ........................................................ ............................2 -6
ORDINANCES, RESOLUTIONS AND CONTRACTS .......... ...........................2
-14
SPECIAL AND STANDING BOARDS, COMMISSIONS AND COMMITTEES2 -16
[RESERVED] ........................................................................ ...........................2
-17
[RESERVED] ........................................................................ ...........................2
-17
[RESERVED] ......................................................................... ...........................2
-17
INDEMNIFICATION OF OFFICERS AND EMPLOYEES ..... ...........................2
-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
No. 96.13
2 -1 -1 Elected officers
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-
dinance No. 99. 11, providing for
direct election of the mayor.
year overlapping terms.
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.
2 -1 -3 Duties of office
Section 2 -1 -3 was amended by Ordi-
Members of the council shall assume the duties of office immediately
nance No. 99. 11.
upon being sworn in, which shall occur within 20 days following the
date of the general election.
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
following 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
desired, 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
Ordinance No 99.32 deleted former
maki a motion to a ppoint a certain indi-
will be conducted by g pp
paragraph 3, which provided for inter-
views of council candidates at a public
vidual to the vacant council seat to fulfill the remaining term,
meeting, renumbered former paragraph 4
and if the motion fails for lack of a second or majority vote there
as paragraph 3, and replaced the words
may thereafter be a subsequent motion for a different or the
'At the same council meeting or any
same individual. The council may continue making motions un-
council meeting thereafter" with "Thereaf-
til a motion to appoint an applicant to the vacant seat is suc-
ter" at the beginning of paragraph 3
cessfully passed 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
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Title 2. Mayor and Council ()
schedule a special election for mayor to occur at the next pri-
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.
2 -1 -5 Oath of office
Ordinance No. 99.32 deleted the words "in
Immediately prior to assumption of the duties of office, the mayor and
public" between "shall" and "take" in section
each council member shall take and subscribe to the oath of office.
2 -1 -5
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.
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.
2 -1 -8 Compensation
Section 2 -1 -8 was rewritten by Ordinance No.
2002.23. The previous version provided for
The compensation of elective officers of the town shall be fixed from
no compensation except expense reim-
time to time by resolution Of the council.
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
July 1, 2003
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.
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.
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
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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
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.
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.
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.
2 -2 -6 Initiative and referendum
A. There is reserved to the qualified electors of the town the power of
the initiative and the referendum as prescribed by the state consti-
tution. 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.
B. Number of signatures
1. The total number of registered voters qualified to vote at the
last municipal election, whether regular or special, immediately
preceding 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 deter-
mined by state law.
C. Time of filing
1. Initiative petitions shall be filed at least 120 days prior to the
election at which they are to be voted upon.
2. Referendum petitions shall be filed within 30 days of the adop-
tion of the ordinance or resolution to be referred. If the town
clerk is unable to provide petitioners with a copy of the ordi-
nance 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 available.
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Section 2 -2 -6 was added by Ordinance
No. 97.26, which also renumbered the follow-
ing sections to conform
Ordinance No. 99.32 deleted "Power Re-
served, Time of Election" from the beginning of
paragraph A
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Title 2. Mayor and Council ()
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
ballot, 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.
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 proposi-
tion.
3. Arguments supporting and opposing propositions appearing on
the ballot shall be filed with the office of the town clerk by 5:00
m. not less than 60 days prior to the election at which the
p • i
y p
Ordinance No. 98.15 inserted 60 days in
y
place of 30 days in paragraph (D) (3)
propositions are to be voted upon. Arguments supporting or
opposing propositions appearing on the ballot shall meet the
following requirements:
a. Arguments must relate to the propositions proposed by ini-
tiative 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 op-
position to the proposition.
c. Arguments may not exceed 300 words in length.
d. Arguments must be signed by the person submitting them.
Arguments 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 docu-
ments shall indicate their residence or post office address.
e. No person or organization shall submit more than one ar-
gument for each proposition to be voted upon.
f. Each argument shall be accompanied by a deposit to offset
Ordinance No. 2009.11 amended section
proportional costs of printing, in an amount established by a
2-2-6(D) (3) (f) by adding reference to the
fee schedule adopted by the council and amended from
comprehensive fee schedule and deleting the
time to time. This requirement shall not be waived on any
specific printing cost fee amount
account.
2 -2 -7 Automatic recount
Section 2 -2 -7 was re- numbered by Ordinance
A. When the canvass of returns in a special, primary or general town
No. 9 7.2 6
election shows that the margin between the successful candidate
receiving the least number of votes and the unsuccessful candi-
date receiving the greatest number of votes for council, or the mar-
gin between 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 re-
quired.
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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
election.
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
No. 9 7.2 6
of election, the person is 18 years old or older, is a qualified elector
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-
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
No. 99.11
2 -3 -1 Vice mayor
After their election and qualification, but in an event not later than
y
Ordinance No. 2009.10 amended the first
sentence of section 2-3-1 by expanding the
June 30 following the date of the general election, the council mem-
time for selection from 20 days to June 30
bers shall choose a vice mayor from among their number by majority
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.
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.
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
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removal of the vice mayor the council shall select a replacement as
provided in this chapter.
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,
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 as-
sistance.
F. The mayor shall perform the other duties required by state statute
and this code as well as those duties required as chief executive
officer of the town.
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
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
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meeting law ") and all other federal, state and local laws. The coun-
cil shall hold its regular meetings on the first and third Tuesday of
each month, provided that when the day fixed for any regular meet-
ing 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 suc-
ceeding 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 spe-
cial 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
purpose 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 conducted as formally as council meetings, although
they shall follow 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.
2 -4 -2 Agenda preparation and distribution
section 2 -4 -2 was rewritten by Ordinance
No. 99.32
A.
Agendas for town council meetings shall be prepared by the
agenda committee, which shall be made up of the mayor (or his or
her designee), town manager, town clerk, town attorney, and any
other person designated by the mayor or town manager. In the ab-
sence 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 pro-
vided 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
The wording of paragraph 8 was simplified by
Ordinance No. 2005.22
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Title 2. Mayor and Council ()
be placed on the agenda, it must be placed upon the agenda for
the second regular town council meeting after the date of the re-
quest.
C. Except in an emergency (as determined by the mayor or town
manager), 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 employee or staff member, it shall be delivered to the town
manager, and if the request is made by a council member or mem-
ber of the public, it shall be delivered to any member of the agenda
committee.
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 materi-
als 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-
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
delivered 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
impossible 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,
study sessions, joint meetings with other entities, retreats, sub-
committee meetings, task force meetings, and all other meetings
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 ses-
sions and other meetings a relaxed format may be used which ex-
cludes 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 consent agenda can be removed from the consent agenda and
considered immediately following the consent agenda. If the con-
sent agenda is not passed, the council may discuss and vote upon
each item listed on the consent agenda immediately after the vote
fails to 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.
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Paragraph E was revised by Ordinance
No. 2005.22. The currently used agenda for-
mat was approved by Resolution
No. 2005 -82, adopted on July 5, 2005
Ordinance No. 2005.22 inserted "after the vote
fails to pass the consent agenda" for "thereaf-
ter"
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Title 2. Mayor and Council
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 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 an-
nounce 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 meet-
ings, 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 or-
der and decorum of the meeting, as set forth below.
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
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MARANA To wN CODE 2 -10 711212010
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record whether a council member's absence is "excused" or "unex-
cused ".
E.
Approval of agenda 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 ad-
hered 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
sentence.
one set of minutes, the motion may be to approve the minutes " ex -
cept as noted by council member(s) ". Minutes may be
considered as part of the consent agenda.
G.
Call to the public persons wishing to address the council on an
on the a genda may do so, altho each speaker
item not already g y g
Paragraph G was rewritten by Ordinance
No. 2000.2 1, which also deleted Appendix A
is limited to three minutes. The mayor or council may limit the total
(the former agenda format). Paragraph G had
time offered speakers. At the conclusion of call to the public, indi-
previously been revised by Ordinance
vidual members of the council may respond to criticism made by
No 99.32
those 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
announce each order of business, and the mayor shall then ask
the council its pleasure on the item. A motion need not be made in
order 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
provided 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
Ordinance No. 99.32 inserted "must be sched-
agrees, he or she will show his or her support. Any item which is
uled" in place of "will be scheduled" and "sug-
suggested and has support from at least two other council mem-
gested item" for "item which is suggested" in
bers must be scheduled for the second regular town council meet-
paragraph K
ing following that meeting unless otherwise provided, and any sug-
gested item which does not receive support from at least two other
council members may be placed on a future agenda at the discre-
tion of the mayor or the agenda committee.
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Title 2. Mayor and Council ()
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
by the mayor and council, town manager, town attorney and town
clerk. The mayor may direct or a majority of the council may vote to
have other individuals attend the executive session.
C. Executive sessions are not to be recorded, but the town clerk or
another individual appointed by the mayor shall take written min-
utes of executive sessions to document the nature and extent of
the discussions. All minutes of executive sessions shall be sealed
and retained by the town clerk. Only those individuals who were
present at a particular executive session or others specifically per-
mitted by law may review the minutes of that session.
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
procedure for public hearings shall be as set forth below.
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
council 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 to-
tal 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 lim-
ited 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
offer a compromise, or to otherwise address the issue.
MARANA TOWN CODE 2 -11
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Ordinance No. 99.32 inserted "will" for "shall" in
the first sentence and added "The mayor may
direct or" at the beginning of the second sen-
tence of paragraph 8
Ordinance No. 2005.22 deleted "tape" before
"recorded" and inserted "the Town clerk or an-
other" for "an" in the second clause of para-
graph C"
Ordinance No. 99.32 inserted "or others spe-
cifically permitted by law" in paragraph C
Ordinance No. 2005.22 inserted "below" for
"hereafter" in the introductory paragraph
Ordinance No. 99.32 inserted "may" for "shall"
in paragraph H
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Title 2. Mayor and Council ()
I.
Declaration of end of public hearing Unless a majority of the coun-
Ordinance No. 99.32 inserted "the termination
cil members object, the mayor shall declare the termination of the
of the public hearing" for "public hearing as
public hearing.
ended" in paragraph I
J.
Council discussion and vote the agenda item will then be dis-
cussed and action taken as on any other agenda item.
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
for "shall then leave" in paragraph 8
taking any part in the meeting, discussion, consideration or deter-
mination 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 declared the conflict may return to his or her seat when that
agenda item is completed.
C.
Every council member desiring to speak shall address the mayor,
and upon recognition by the mayor, shall confine himself or herself
to the question under debate, avoiding all personalities and indeco-
rous language.
D.
A council member, once recognized, shall not be interrupted when
speaking unless it is to call him or her to order. If a council mem-
ber, while speaking, is called to order, he or she shall cease speak-
ing until the question of order is determined, and, if in order, he or
she shall be permitted to proceed.
E.
While the council is in session, the council members must preserve
order and decorum. A member shall not, by conversation or other-
wise, delay or interrupt the proceedings or the peace of the council
or disturb any member while speaking or refuse to obey the orders
of the council or mayor, except as otherwise provided in this title.
F.
If a person in the audience wishes to address the council on an is-
sue on the agenda which is not a public hearing, the mayor may
Ordinance No. 99.32 inserted "may permit the
permit the person to speak or may present the request to the coun-
person to speak or may" for "shall," "five min -
cil. If a majority of the council wishes to hear from the public on the
utes" for "three minutes," and deleted "by the
issue, that person shall be permitted to speak; however, any public
mayor" after "into the record" in paragraph F
address shall be limited to five minutes per person and as other-
wise restricted by the mayor or council. Written communications
Ordinance No. 2005.22 rewrote the last sen-
delivered to the mayor before the agenda item was called will ei-
tence of paragraph F
ther be read into the record or a copy delivered to each council
member.
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Title 2. Mayor and Council ()
G. Any person making personal, impertinent, or slanderous remarks,
or who becomes boisterous while addressing the council, or who
interferes 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 ma-
jority vote of the council.
H. A motion shall be made by beginning the statement with words
such as, "I move that...." A motion must be stated clearly, and spe-
cifically state the contents of the motion. There can be no discus-
sion 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 dis-
cussion may continue, or the council may move on to the next
agenda item.
I. After the motion is made and seconded, the town clerk should read
back the motion from the official record. The mayor may then call
for discussion.
J. At any time before the question is called on a pending motion, the
council member who made the motion may ask that his or her mo-
tion be amended. At the time of the amendment, he or she shall
clearly state the amendment, and the amendment shall be read
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 con-
tinue on the motion as amended. If the motion to amend fails, dis-
cussion 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 mo-
tion 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 discrepancy 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
MARANA TOWN CODE 2 -13
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Ordinance No. 99.32 inserted "should" for
"shall" and "may" for "shall" in paragraph 1
Ordinance No. 99.32 amended paragraphs J
and K by deleting a sentence at the end of
each that stated: "No more than one amend-
ment to an amendment shall be permitted. "
Ordinance No. 99.32 inserted "their" for "his or
her" in the first sentence of paragraph N
// 14/4L/ /V
Title 2. Mayor and Council ()
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, si-
lence by any council member displays his or her agreement with
the vote as read.
P. A motion passes if it receives more "aye" votes than the combined
Ordinance No. 99.32 amended paragraph P by
number of "nay" votes plus the number of council members ab-
adding the first sentence, and deleted former
staining from voting on the motion, except for abstentions based on
paragraph Q defining "Emergency." Ordinance
conflict of interest. In the case of a tie on any motion, the motion
No. 2005.22 rewrote paragraph P.
fails.
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 re-
quest that the issue of reconsideration be placed on the agenda for
discussion and possible action, although this request must be
made prior to the start of the next regular town council meeting fol-
lowing the meeting at which the action was taken. If such a request
is made, reconsideration will be placed on the agenda for the sec-
ond 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
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-
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Title 2. Mayor and Council ()
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.
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.
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.
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.
2 -5 -5 Effective date of ordinances, resolutions and franchises
section 2 -5 -5 was rewritten by Ordinance
No. 99.32. Ordinance No. 2010.06 modified
A. No ordinance, resolution or franchise which is subject to voter ref-
the title to add "resolutions and franchises"
erendum shall become operative until 30 days after its passage by
and modified paragraph A to add "which is
the council, except measures immediately necessary for the pres-
subject to voter referendum"
ervation of the peace, health or safety of the town. Such an emer-
gency measure shall only become immediately 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 af-
firmative 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 meas-
ure, is passed.
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.
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.
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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
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.
2 -6 -2 Application, recommendation, appointment and removal Ordinance No. 2009.18 substantially rewrote
section 2 -6 -2. See Ordinance Nos. 96.13,
A. Except for the initial appointment of a new board, commission or 99.32, 2006.25 and 2008.15 for prior history.
committee, the council shall establish a regular schedule for ap-
pointment and reappointment of board, commission or committee
members.
B. The town manager and /or designee shall be responsible for devel-
oping an application process, application forms and management
of the recruitment process for vacancies that exist on boards,
commissions or committees established by the town council. The
recruitment and application process developed by the town man-
ager or designee shall include a public announcement and invita-
tion for applications and establish a minimum timeframe for receipt
of applications. If the minimum number of applications needed is
not received by the established deadline the town manager or des-
ignee shall continue to receive applications until enough have been
received to fill the vacancy or vacancies.
C. The town manager and /or designee shall review the applications,
investigate the qualifications of the applicants, and forward all ap-
plications to the town council.
D. The town council shall receive the applications at a public meeting
not more than thirty days after the town manager's (or designee's)
receipt of the applications. The town clerk shall mail each citizen
applicant notice of the public meeting concerning the appointment.
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E. 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 any other action it deems appropriate.
F. 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.
G. A member of any board, commission, or committee may be re-
moved from office with or without cause by a majority vote of the
town council.
2 -6 -3 Terms of office
All terms of office for boards, commissions and committees shall be for
four 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 members ends every two years.
2 -6 -4 Modification by motion or resolution
The town council may by motion or resolution modify any Of the proce-
dures set forth in this chapter where it deems appropriate for a particu-
lar vacancy, board, commission or committee.
2 -6 -5 Applicability of this chapter
Except as they may later be modified by motion or resolution pursuant
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.
CHAPTER 2 -8.
CHAPTER 2 -9.
[RESERVED]
[RESERVED]
[RESERVED]
CHAPTER 2 -10. INDEMNIFICATION OF OFFICERS AND
EMPLOYEES
2 -10 -1 Persons covered
All of the protections and benefits conferred by this chapter shall be
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."
MARANA TOWN CODE 2 -17
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Section 2 -6 -3 was added by Ordinance
No. 2006.25 and revised by Ordinance
Nos. 2008.15 and 2009.18
Section 2 -6 -4 was added by Ordinance
No. 2006.25
Section 2 -6 -5 was added by Ordinance
No. 2006.25
Ordinance No. 2006.25 deleted chapter 2 -7
( "special committees')
Ordinance No. 2006.25 deleted chapter 2 -8
( "planning and zoning commission')
Ordinance No. 2006.25 deleted chapter 2 -9
( "board of adjustment')
Section 2 -10 -1 was rewritten by Ordinance
No. 99.32
7/12/2010
Title 2. Mayor and Council ()
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
determines upon application that, despite the adjudication of liabil-
ity 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
settlement 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
provisions of subsection A of this section, the town shall protect
and defend the officer or official from and against any litigation
commenced against him or her, by engaging and compensating
competent legal counsel to conduct his or her defense, and by pay-
ing all court costs and any fees of opposing legal counsel taxed or
imposed 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
provisions of subsection B of this section, the town shall pay the
expenses, 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
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Title 2. Mayor and Council
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.
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.
2 -10 -4 Notice of claims
It shall be a precondition to the assertion of any claim for protection
and indemnity under this chapter that any town officer or officials, after
having been served with process commencing litigation against him,
her or them, or after having received written notice of a possible claim
alleged to be covered under the provisions of section 2 -10 -2A 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 -21D.
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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.
7/12/2010
Title 3
Administration
CHAPTER 3 -1. OFFICERS, DEPARTMENT HEADS, AND EMPLOYEES .... ............................3 -1
CHAPTER 3 -2. OFFICERS AND OTHER POSITIONS ................................... ............................3 -5
CHAPTER 3 -3. PERSONNEL POLICIES ....................................................... ...........................3 -14
CHAPTER 3 -4. PURCHASING ....................................................................... ...........................3 -15
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Title 3. Administration ()
TITLE 3. ADMINISTRATION
Title 3 was adopted by Ordinance No. 2000.07.
CHAPTER 3 -1. OFFICERS, DEPARTMENT HEADS, AND
Earlier versions were adopted by Ordinance
EMPLOYEES
Nos. 96.14 and 98.22.
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 coun-
Nos. 2005.22 and 2006.14. Ordinance
"assistant
cil members, the following officers of the town. An officer is defined
No. 2005.22 added town manager
and combined "town clerk" and "town mar
as a person who holds an office of trust, command and authority,
shal." Ordinance No. 2006.14 added "deputy
and the method of appointment or term of the officer has no rele-
town manager" and deleted "town marshal."
vance to authority granted.
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
3 -1 -2 Positions appointed by the town council, town manager,
Nos. 2000.20, 2001.06, 2001.08, 2003.13
deputy town assistant town mans &
p y manager, managers
and 2006.14. Ordinance No. 2001.06 revised
paragraph 8 to refer to section 5 -2 -1. Ordi-
department heads
nance No. 2001.08 added the court adminis-
A. The position of town manager shall be appointed from time to time
trator as atown manager appointee. Ordi-
nance No. 2003.13 made the town attorney a
by the town council, and shall be employed at the will of the town
town manager appointee and updated various
council. This position shall have no term of office, shall be at -will,
department head designations. Ordinance
and shall report directly to the town council.
No. 2006.14 made revisions to accommodate
the deputy town manager position and elimi-
B. The town magistrate shall be appointed by the town council in ac-
nated the list of individual department heads.
cordance with section 5 -2 -1.
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 assis-
tant 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
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work at the pleasure of the town manager, deputy town manager or
assistant town manager to whom he or she reports.
1. Department heads
2. Special projects administrator
3. Assistants to the town manager
4. General managers
Subparagraph 8.4 of section 3 -1 -2 was
added by Ordinance No. 2008.19
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.
3 -1 -3 Classification of employees
Section 3 -1 -3 was amended by Ordinance
Nos. 2000.20, 2001.08 2003.13 2005.22
All offices in the town are divided into classified, unclassified, term-
2006.14, and 2008.19
limited temporary and short -term temporary service. The extent to
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
salary 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
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4. Town clerk
5. Town engineer
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" employ-
ees. "At- will" employment is defined as employment that may be
terminated upon the will of the employer or employee, at any time
with or without cause. At -will employees do not have employment
contracts, are not guaranteed any minimum length of employment,
and do not have access to the personnel action review board pro-
cedures. 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 tem-
porary employees. Term - limited temporary employees shall be
appointed 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
improvement 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 pro-
jects or bodies of work that, in the discretion of the town man-
ager 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-
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fied positions within the Town for a period of six months or
more due to an extended leave of absence of a regular em-
ployee.
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
employment, and do not have access to the personnel action re-
view board procedures. Short -term temporary employees are not
subject to the salary schedule, and shall be paid according to per-
formance and qualifications, to be determined by the town man-
ager or designee. Short -term temporary employees shall not re-
ceive benefits provided to other employees of the town. Short -term
temporary employees are subject to work rules established by the
town.
3 -1 -4 Non - employee positions
The following appointed positions shall not be considered to be em-
ployment positions and exist outside town personnel policies and pro-
visions:
A. All elected officials and members of boards, committees and com-
missions
B. Volunteer personnel and personnel appointed to service without
pay
C. Those engaged by the town on a contractual basis
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.
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.
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-
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Section 3 -1 -4 was amended by Ordinance
No. 2008.19, which changed its title (formerly
"Classification of employees') and deleted
two paragraphs
7/12/2010
Title 3. Administration ()
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.
3 -1 -8 Additional powers and duties
In addition to any powers and duties prescribed in this code, each em-
ployee shall have those further powers, perform those further duties
and hold any other office as may be provided by that employee's direct
supervisor.
CHAPTER 3 -2. OFFICERS AND OTHER POSITIONS
Section 3 -2 -1 was revised by Ordinance
Nos. 2000.20, 2003.13 and 2006.14. Ordi-
3-2-1 Town manager
nance No. 2000.20 made amendments to
address the creation of the assistant Town
A. Office established The position of town manager is hereby created
manager position. Ordinance No. 2003.13
and established. The town manager shall be appointed b a major-
g pp y
made minor corrections. Ordinance
No. 2006.14 deleted a paragraph entitled
ity of the town council on the basis of his or her executive and ad-
"Bond" and made revisions to accommodate
ministrative qualifications and his or her knowledge of accepted
the new deputy town manager position.
practice in respect to the duties of the office as set forth below. The
town manager shall serve at the pleasure of the town council.
B. 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
absent, unable or unwilling to perform the duties of town manager,
the town council shall designate an assistant town manager to per-
form 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 man-
ager shall be performed by the deputy town manager or any indi-
vidual 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, pro-
vided that the town council, upon a majority vote of its members,
may waive this requirement.
F. Compensation The town manager shall receive such compensa-
tion as the town council shall from time to time determine and fix by
ordinance, 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 pertain-
ing 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 reim-
bursement 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
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the administrative branch of the town government and shall be re-
sponsible to the town council for the proper administration of all af-
fairs of the town. In addition to the general powers as the chief ad-
ministrative officer and not as a limitation on them, it shall be the
town manager's responsibility and authority to perform the follow-
ing:
1. The town manager shall execute, on behalf of the town council,
general administrative supervision and control of the affairs of
the town;
2. The town manager shall attend all meetings of the town council
with the duty of reporting on or discussing any matter concern-
ing the affairs of the departments, boards, commissions, com-
mittees, services or activities under his or her supervision, upon
which the town council should be informed. Exceptions to at-
tending meetings of the town council may be granted upon writ-
ten 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
tence. Ordinance No. 2005.22 restored the
appointments and removals shall be based upon merit and
second and third sentences but removed "town
upon the qualifications or disqualifications of the officer or em-
attorney and" before "town magistrate" to con -
lo ee without regard to an political belief or affiliation, and in
p y g y p
form to the establishment of the town attorney
as a town manager appointed officer under
coordination with the appropriate department head. The power
Ordinance No. 2003.13.
of appointment, 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
affairs of the various departments, boards, commissions, com-
mittees, 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,
salaries, wages and miscellaneous operating costs, tabulate
the same into a preliminary consolidated municipal budget and
submit the same to the town council annually on the date speci-
fied by it, with his or her recommendations as to any increases,
decreases, 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,
Ordinance No. 2002.22
duties and activities of the various departments, boards, com-
missions, 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
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council and the various departments, boards, commissions and
committees in carrying them through to a successful conclu-
sion;
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 ef-
fort to satisfy all residents that their town government is being
operated on their behalf with the highest degree of efficiency;
10. The town manager shall cooperate with all community organi-
zations whose aims and purposes are to advance the interests
of the town and its residents and provide them with all reason-
able assistance obtainable through the town government within
the limitations of the law;
11. The town manager shall make and keep an up to date inven-
tory of all personal property owned by the town and recom-
mend to the town council the purchase of new machinery,
equipment and supplies whenever, in his or her judgment, the
same can be obtained at the best advantage, taking into con-
sideration 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
government and recommend to the town council abolition or
consolidation of positions or transfers or removal of personnel,
whenever in his or her judgment, that action would increase ef-
ficiency 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
required 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
imposed by general law or town ordinances in any town commis-
sion, board, officer or employee except as specifically set forth in
this code.
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
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use his or her best efforts to establish and maintain a harmonious
relationship 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.
3 -2 -2 Deputy town manager Section 3 -2 -2 was added by Ordinance
No. 2006.14
A. Office established The position of deputy town manager is hereby
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
manager 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
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 The deputy town manager shall be responsible
to the town manager for the proper administration of all affairs
delegated by the town manager. During the town manager's ab-
sence, the deputy town manager shall perform the duties of the
town manager. The town manager may delegate to the deputy
town manager any of the town manager's authority, but in no event
shall the deputy town manager's authority exceed the town man-
ager'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 ordi-
nances in any town commission, board, officer or employee except
as specifically 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
harmonious relationship among all personnel employed in the gov-
ernment of the town to the end that the highest possible standards
of public service shall be continuously maintained.
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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.
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 man-
ager. The town manager may delegate to an assistant town man-
ager 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 man-
ager, town council or any council member to any action, plan or
program requiring official action of the town council. It is not in-
tended by this chapter to grant any authority to, or impose any duty
upon, an assistant town manager that is vested in or imposed by
general law or town ordinances in any town commission, board, of-
ficer or employee except as specifically set forth in this code.
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
harmonious relationship among all personnel employed in the gov-
ernment of the town to the end that the highest possible standards
of public service shall be continuously maintained.
3 -2 -4 Town clerk
This section was amended by Ordinance
A. Office established The office of town clerk is hereby reated and
y
Nos. 2000.20, 2003.13 and 2006.14. Ordi-
nance No. 2006.14 deleted a paragraph enti-
established. The town clerk shall be appointed by the town man-
tled "Bond" and deleted former section 3 -2 -4
entitled "town marshal"
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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
Ordinance No. 2003.13 amended para-
manager or other designee of the town council shall be the acting
graph 8 by removing references to the deputy
town clerk. The acting town clerk shall have the duties and respon-
town clerk.
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
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
perform 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 min-
utes of town council proceedings and ensure their correctness
and accuracy;
5. The town clerk shall process, record, file, publish and, if re-
quired by state statute, post all ordinances, resolutions, budg-
ets 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;
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9. The town clerk shall perform those administrative responsibili-
Ordinance No. 2003.13 amended paragraph 9
ties and duties that are conferred upon the town clerk by the
by replacing "town council" with "town man -
town manager in addition to those specified in town ordinances
ager"
and 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.
3 -2 -5 Town engineer
A. Office established The office of town engineer is hereby created
g y
Section 3 -2 -5 was revised by Ordinance
Nos. 2000.20 and 2006.14. Ordinance
and established. The town engineer shall be appointed by the town
No. 2006.14 deleted a paragraph entitled
manager and shall perform the duties of the office of town engineer
"Bond"
under the general and specific direction of the town manager.
B. Compensation The town engineer shall receive such compensa-
tion 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 reim-
bursed 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 manager.
Reimbursement shall be made only when a verified itemized claim,
setting forth the sums expended for which reimbursement is re-
quested, 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, resolu-
tion, order or directive. Notwithstanding the above, the town engi-
neer shall have charge of the town streets and public works and
shall perform those duties as may be required by law and any
other duties as the town manager may deem necessary.
3 -2 -6 Town magistrate
Section 3 -2 -6 was revised by Ordinance
A. Office established The office of town magistrate is hereby created
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.
3 -2 -7 Town attorney
Section 3 -2 -7 was amended by Ordinance
A. Office established The position of town attorney is hereby created
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- -
ager. Ordinance No. 2006.14 deleted a para
araah entitled "Bond"
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tions and knowledge of accepted practice in respect to the duties
of the office as set forth in this section, and shall perform the duties
of the office of town attorney under the general and specific direc-
tion 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
attorney 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 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 de-
partment 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, convey-
ances, ordinances, resolutions and other legal instruments
when requested by the town council or town manager.
4. The town attorney shall approve or disapprove as to form, in
writing, 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 dis-
approval as to form noted on them, together with his or her
reasons if disapproved.
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.
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
department head shall be appointed, suspended or removed by
and shall perform their duties under the general and specific direc-
tion of the town manager, deputy town manager or assistant town
manager to whom he or she reports.
B. Compensation Department heads shall receive such compensa-
tion as the town manager, deputy town manager or assistant town
manager to whom he or she reports shall fix from time to time.
C. Duties Department heads shall be charged with the responsibili-
ties set forth by and shall perform the duties of their office under
the general and specific direction of the town manager, deputy
MARANA TOWN CODE
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3 -12
Ordinance No. 2005.22 inserted "town man-
ager shall from time to time determine" for
"town council shall from time to time deter-
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
town council shall designate" to conform to
Ordinance No. 2003.13
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.
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Title 3. Administration ()
town manager or assistant town manager to whom he or she re-
ports.
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
appointment, and the compensation shall be a proper charge
against the funds of the town.
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.
3 -2 -10 Assistants to the town manager
A. Office established The position of assistant to the town manager is
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.
3 -2 -11 General managers
A. Offices established The positions of general managers are hereby
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 direc-
tion of the town manager, deputy town manager or assistant town
manager to whom he or she reports.
B. Compensation General managers shall receive such compensa-
tion as the town manager, deputy town manager or assistant town
manager to whom he or she reports shall fix from time to time.
C. Duties General managers shall be charged with the responsibili-
ties 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 re-
ports.
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3 -13
Section 3 -2 -9 was added by Ordinance
No. 2006.14
Section 3 -2 -10 was added by Ordinance
No. 2006.14
Section 3 -2 -11 was added by Ordinance
No. 2008.19
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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 No. 2008.19
hereby created and established in accordance with section 3 -1 -3.
The assistant chief of police shall be appointed, suspended or re-
moved 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.
3 -2 -13 Police commander Section 3 -2 -13 was added by Ordinance
A. Office established The position of police commander is hereby No. 2008.19
created and established in accordance with section 3 -1 -3. The po-
lice commander shall be appointed, suspended or removed by and
shall perform his or her duties under the general and specific direc-
tion 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
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.
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.
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.
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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
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.
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.
3 -4 -3 Purchasing director; duties
A. The finance director shall serve as the purchasing director and
shall direct and control all purchases of goods and services made
by or 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 re-
quests and shall report to the town council on any purchase requir-
ing town council approval.
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.
3 -4 -5 Purchases in general; bids
A. Purchases under $1,000 Whenever the contemplated purchase or
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 fur-
ther 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
MARANA TOWN CODE 3 -15
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Section 3 -4 -3 was amended by Ordinance
No. 2002.22, which replaced "town manager"
with "finance director"
Section 3 -4 -5 was amended by Ordinance
No. 2002.21.
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Title 3. Administration ()
least $1,000 but not more than $10,000, the purchasing director is
authorized to let contracts on an "informal bid" process, by obtain-
ing at least three bids by phone or in writing. The purchasing direc-
tor may then award the purchase or contract of service to the low-
est responsible bidder.
C. In excess of $10,000 Whenever any contemplated purchase or
contract for building services is for a sum exceeding $10,000, the
purchasing director shall cause to be published in two issues of a
newspaper of general circulation in the town, notice inviting bids,
which notice shall be published at least ten days prior to the date
set for the receipt of bids. The notice required by this paragraph
shall include a general description of the purchase or services to
be performed and the time and place for opening bids. In addition,
the purchasing director shall post a notice inviting bids in the town
hall and may also mail to all responsible prospective suppliers a
copy of the notice inserted in the newspaper. The bid shall be
awarded by the purchasing director as provided in this chapter.
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 se-
cured without bidding. The town manager shall report to the town
council at the next regularly scheduled meeting any such pur-
chases.
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
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 services.
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.
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Ordinance No. 2005.22 rewrote paragraph C
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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
inspection.
E. All bidders shall be notified in writing of the award or rejection of
any and all bids.
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
bidder. 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 con-
tract or provide the services required in a timely manner;
2. The quality of performance in previous contracts with the town,
together with previous and existing compliance with the ordi-
nances of the town;
3. The financial resources and ability of the bidder;
4. The quality, availability and adaptability of the goods or service.
B. The purchasing director shall select providers of goods and ser-
vices without regard to race, color, national origin, ethnicity, religion
or creed, sex, disability, age, marital or familial status or political af-
filiation as required by the town policy of equal opportunity and non
discrimination.
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.
3 -4 -10 Purchases from mayor or town council members
Pursuant to A. R.S. § 38- 5O3(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.
3 -4 -11 Professional and technical services
A. The provisions of this chapter shall not apply to professional or
technical services.
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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. C. Upon engagement, the town shall enter into a written agreement
or memorandum of understanding for the performance of profes-
sional and technical services setting forth the scope of and the unit
or total price for services.
3 -4 -12 Obsolete supplies and equipment
Section 3 -4 -12 was rewritten by Ordinance
All departments and offices shall submit to the purchasin g director, at
No. 2002.22.
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.
3 -4 -13 Signatures on checks
Section 3 -4 -13 was amended by Ordinance
No. 96.31 to delete a requirement for two
All checks for expenditures of town monies shall bear one signature of
signatures, and by Ordinance Nos. 98.18,
either the town manager, town clerk, finance director, mayor or vice
98. and 2000.18, addressing the signature
of the finance director
mayor.
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.
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Police Department
CHAPTER 4 -1. POLICE DEPARTMENT ......................................................... ............................4 -1
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TITLE 4. POLICE DEPARTMENT
CHAPTER 4 -1. POLICE DEPARTMENT
Title 4 was adopted by Ordinance No. 96.11
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.
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.
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.
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
section 4 -1 -4 was amended by Ordinance
No. 2009.24, which removed a requirement
be adopted by the chief of police. The chief of police shall ensure that
for approval by the town council and added
the police department rules and regulations are in compliance with all
the last two sentences
federal and state laws, the provisions of this code and all town ordi-
nances, personnel policies, administrative directives and other rules
and procedures as established by the town council or the town man-
ager. If any provision of the police department rules and regulations
conflicts with federal or state law or any provision of this code or a
town ordinance, personnel policy, administrative directive or other town
rule or procedure, the federal or state law, this code and the town ordi-
nance, personnel policy, administrative directive, rule or procedure
shall control.
4 -1 -5 Duties of chief of police
A. It shall be the duty of the chief of police to:
1. nforce 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 neces-
sary reports;
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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 engi-
neer 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 treas-
urer all monies received by him, taking receipts for it;
6. Supervise and control officers and personnel of the police de-
partment;
7. Perform any additional duties as may be required by the coun-
cil or manager.
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.
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.
4 -1 -8 Public safety employee - employer relations;
meet and confer
A. Findings and purpose The town has a fundamental interest in
maintaining a harmonious and cooperative relationship between
the town and its public safety employees. Establishment of a for-
mal procedure for communications between the two can improve
the operations of town government. This section is intended to al-
low the town and its public safety employees, acting within the es-
tablished framework, to enter into discussions to consider various
matters relating 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 des-
ignation 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 ap-
proved by the council which incorporates the agreement result-
ing from the meet and confer process.
3. Public safety employees: Full -time, Arizona certified sworn po-
lice officers at the rank of officer and sergeant, police dispatch-
ers, police property and evidence technicians and police re-
cords clerks. Persons who are employed on a contract, tempo-
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rary, part time or seasonal basis are not considered public
safety employees.
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
exists, the memorandum of understanding shall govern.
3. By way of illustration and not limitation, the town has the ex-
press right:
a. To determine the purpose of each of its departments,
agencies, 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
operations.
c. To direct its employees, take disciplinary action, relieve its
employees from duty because of lack of work or for other
legitimate 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
operations are to be conducted.
d. To take all necessary actions to maintain uninterrupted ser-
vice to the community.
4. The town manager may, at the manager's discretion or at the
direction of the council, consult with the town's employees, or
their authorized representatives, about the direct conse-
quences 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 em-
ployee 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 em-
ployee 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 determination of grievances.
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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
compensation and direct cost subjects.
b. Paid time off.
c. Leaves of absence.
d. Total hours of work required of an employee on each work-
day or workweek, including overtime, compensatory time,
rest and meal periods.
e. Personnel records review.
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 em-
ployee organization and the town manager.
2. The following matters shall not be included in the meet and
confer 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, dis-
charge, suspension or discipline.
F. Meet and confer; process
1. The designated public safety employee organization shall se-
lect three public safety employee members as its representa-
tives. The representatives shall meet and confer with the three
representatives 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 pub-
lic 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 meet-
ing. At the initial meeting, the parties shall identify the issues to
be discussed and shall establish ground rules for negotiation,
including a proposed schedule for meeting and conferring.
4. Unless otherwise provided by this section, during negotiations
proposals shall remain confidential except that they shall be
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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
impasse. The agreed upon issues shall be incorporated into a
memorandum of understanding. If the parties are at an im-
passe regarding any matter, they shall also prepare and submit
a separate, joint document listing the matters in dispute. The
council shall consider the memorandum of understanding and
the matters in dispute at a public meeting. The public safety
employee organization and the town manager shall each be
given an opportunity to state their position to the council. The
council may accept, reject or modify those areas of agreement
within the proposed memorandum of understanding and may
take whatever 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
1. 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
contain the following information:
a. The name and address of the organization and of the des-
ignated contacts for the organization.
b. A copy of the organization's charter, constitution and by-
laws, 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 de-
nied because of race, color, national origin, religion, sex,
disability, marital or familial status, veteran status or politi-
cal affiliation.
2. A petition shall be filed with the memorandum. The petition
shall include the printed name, employee number, date of sig-
nature and signatures of at least 50% plus one of all public
safety employees.
a. If the signature of an employee appears on petitions filed by
more than one employee organization, the employee's
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name shall be struck from all employee organization peti-
tions 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 re-
moval. The memo must be filed within five days after the
petition is filed.
c. Upon the request of a public safety employee, the signa-
tures 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 re-
quest that membership dues for all public safety employees
who have authorized dues deductions be withheld by the town
and distributed to the organization.
5. The designated public safety employee organization shall
maintain 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
qualify as the representative organization, require the or-
ganization 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 organiza-
tion may be decertified and replaced by another organization.
Decertification occurs only when a new organization presents
the town manager with a petition which names the organization
to be replaced, names the new organization and meets the re-
quirements of sections G.1. and G.2. above. The newly desig-
nated group will remain bound by the existing memorandum of
understanding until the next authorized meet and confer proc-
ess takes place.
H. Prohibited activities
1. The public safety employee organization, its members or its
representatives 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;
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d. Use town time, property or equipment for employee organi-
zation business, except as specified in the memorandum of
understanding or as provided to the general public;
e. Obstruct, restrain or coerce any employee, employee rep-
resentative, elected or appointed town official, or represen-
tative of the town in the exercise of any right provided by
this section, for the purpose of gaining a concession under
this section, during negotiations, in the selection of its agent
for meeting 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
membership status in an employee organization, or be-
cause an employee invoked rights under this section;
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 representa-
tive 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,
initiate, sponsor or direct a strike, work stoppage, slowdown,
sick -out or other similar activity. The employee organization
conducting any such prohibited practice shall immediately be
decertified as a designated public safety employee organiza-
tion, 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 employee 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 organi-
zation, so long as the rules do not purport to confer any rights
to representation by the association other than that provided by
this section.
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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 ..... ............................... 5 -1
MAGISTRATE DEPARTMENT ........................................... ............................... 5 -1
COURT ADMINISTRATION DEPARTMENT ......................... ............................5 -2
PROCEEDINGS OF COURT .................................................. ............................5 -3
JURYSYSTEM ....................................................................... ............................5 -3
FEES .................................................................................... ............................... 5 -3
CIVIL TOWN CODE VIOLATIONS ........................................ ............................5 -5
HOME DETENTION PROGRAM ............................................ ............................5 -8
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Title 5. Municipal Court ()
TITLE 5. MUNICIPAL COURT
Title 5 was adopted by Ordinance No. 96.10.
CHAPTER 5 -1. MUNICIPAL COURT ESTABLISHED;
See Ordinance Nos. 77 -4 and 77 -5 for prior
JURISDICTION
history.
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.
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
Officer" to "magistrate Department" by Ordi-
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.
5 -2 -2 Powers and duties of town magistrate
Section 5 -2 -2 was rewritten by Ordinance
The town magistrate shall be the presiding officer of the municipal
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 per-
sonnel 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
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foregoing schedule, or accept proper bail bonds in lieu of bail, for
and on behalf of the court.
F. Preparation of a schedule of civil traffic violations listing a specific
deposit for each violation.
5 -2 -3 Hearing officers
Section 5 -2 -3 was modified by Ordinance
The magistrate, with the approval of the council, may appoint one or
No. 2006.15 to add civil code violation cases
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
Chapter 5 -3 was adopted by Ordinance
5 -3 -1 Court administrator
No. 2001.08
There shall be appointed by the town magistrate a court administrator.
Section 5 -3 -1 was modified by Ordinance
The court administrator shall provide administrative supervision of the
No. 2007.32 to place the court administrator
municipal court, under the direction of the town magistrate.
under the direction of the town magistrate
5 -3 -2 Powers and duties of court administrator
The introductory paragraph and paragraph E
The powers and duties of the court administrator shall include:
of Section 5 -3 -2 were modified by Ordinance
No. 2007.32
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-
Paragraph A was rewritten by Ordinance
tered .
No. 2005.22
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.
5 -3 -3 Personnel
The introductory paragraph and paragraph C
of Section 5 -3 -3 were modified by Ordinance
The municipal court shall employ the following personnel, under the
No. 2007.32
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.
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CHAPTER 5 -4. PROCEEDINGS OF COURT
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.
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
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.
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
5 -6 -1 Fee schedule for court costs
Section 5 -6 -1 was amended by Ordinance
No. 2007.32, which standardized references
A. Fees in amounts established by a fee schedule adopted by the
to the municipal court, and by Ordinance
council and amended from time to time shall be assessed to re-
No. 2009. 11, which replaced specific fee
cover costs associated with the fees charged to the town treasury
amounts with references to the comprehen-
for returned checks and additional costs incurred due to court non-
sive fee schedule
appearance.
B. The following municipal court fees are established, the amounts of
which are set forth in a fee schedule adopted by the council and
Paragraphs 8, C and D were added by Ordi-
amended from time to time, to be imposed in addition to fees oth-
nance No. 99.01 and paragraphs 8 and D
were rewritten by Ordinance No. 2006.08
erwise assessable by statute.
1. Any person who has been convicted of a misdemeanor criminal
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 prosecution fee
Ordinance No. 2007.21 modified subpara-
graph 2 by increasing the fee to $40.
against each defendant, unless a higher or lower amount is im-
posed by a written plea agreement based upon the actual cost
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of prosecution services and the indigent status of the defen-
dant.
3. An administrative warrant fee shall be imposed to cover the
municipal court's costs for processing warrants when a munici-
pal court magistrate issues a warrant for failure 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 Ordinance No. 2007.21 modified subpara-
which shall be applied by the court on all fines, sanctions, pen- graph 4 by increasing the fee, which was then
alties and assessments imposed by the court. moved to the comprehensive fee schedule by
Ordinance No. 2009.11
5. A jury cancellation fee shall be imposed on a party who re-
quests 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 to
cover part of the cost of monitoring his or her progress on com-
pleting the community service.
7. A fee shall be imposed for service of process on an order of
harassment, subject to the limitations set forth in A. R.S.
§ 12- 1809(D).
8. In addition to any other remedy allowed by law, the town attor-
ney is authorized to institute any appropriate action for recovery
of any and all monies owed or due to the municipal court in-
cluding, but not limited to, restitution, fees, sanctions, sur-
charges, assessments, penalties, bonds, costs, and fees. A de-
fendant who defaults in his or her obligation for the payment of
monies owed or due to the court is liable for all costs of collec-
tion including attorney fees and costs, and fees and charges
assessed by a collection agency licensed pursuant to title 32,
chapter 9, Arizona revised statutes, that is engaged to collect
and enforce that obligation.
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
defendant or the defendant's immediate family; or
3. In the opinion of the magistrate the waiver would be in the in-
terest 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
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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 town funds. Interest earned on fund monies shall be
deposited in the fund.
5 -6 -2 Probation fees
Section 5 -6 -2 was added by Ordinance
A. When granting court - monitored probation to a defendant, the court
No. 2007.12
shall, as a condition of probation, assess a monthly probation
monitoring 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 nec-
essary 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 de-
termining 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
No. 2006.15 and substantially amended by
5 -7 -1 Town code violations treated as civil matters
Ordinance No. 2010.02
Violations of the town code, the land development code or a town ordi-
nance for which a civil sanction is imposed shall be treated as civil
Ordinance No. 201 0.02 added into section
matters as provided in this chapter.
5 -7 -1 reference to the land development code
or a town ordinance
5 -7 -2 Commencement of action; jurisdiction of Marana
municipal court
Ordinance No. 2010.02 revised paragraph A
"or
to add a long form civil code complaint,
A. A civil code violation case is commenced by issuance of a uniform
added paragraph 8, and renumbered para-
"the
civil code complaint or a long form civil code complaint as provided
graph C and added to it land develop-
ment code or other town ordinances"
in this chapter. A civil code violation case shall be commenced
within one year of the alleged violation.
B. Any peace officer or code compliance officer, as defined in chapter
1 -9 of this code, may issue a uniform civil code complaint pursuant
to this chapter. Alternatively, the town attorney or designee may file
a long form civil code complaint with the Marana municipal court.
Upon receipt of the long form civil code complaint, the Marana mu-
nicipal court shall issue a summons.
C. The Marana municipal court shall have jurisdiction over all civil vio-
lations of the town code, the land development code or other town
ordinances.
5 -7 -3 Service of uniform or long form civil code complaint
Ordinance No. 2010.02 revised the title of
section 5 -7 -3 by adding "or long form, " sub -
A. A uniform civil code complaint may be served by delivering a copy
stantially rewrote paragraph 8, and added
of the uniform civil code complaint to the person charged with the
paragraphs C and D
violation or by any means authorized by the Arizona rules of civil
procedure.
B. The original uniform civil code complaint shall be filed in the Ma-
rana municipal court within five days after it is issued.
MARANA TOWN CODE 5 -5 711212010
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Title 5. Municipal Court
C. The long form civil code complaint and summons may be served
by delivering a copy of the long form civil code complaint and
summons to the person charged with the violation or by any means
authorized by the Arizona rules of civil procedure.
D. If service cannot be accomplished by the methods set forth in this
section, the uniform civil code complaint or long form civil code
complaint may be served by certified or registered mail, return re-
ceipt requested. If service of either the uniform civil code complaint
or the long form civil code complaint is made by certified or regis-
tered mail, the return receipt shall be prima facie evidence of ser-
vice.
5 -7 -4 Authority to detain persons to serve civil code complaint;
failure to provide evidence of identity; penalty
A. A peace officer or a code compliance officer may stop and detain a
person as is reasonably necessary to investigate an actual or sus-
pected violation of the town code, the land development code or a
town ordinance and to serve a copy of a civil code complaint.
B. A person who fails or refuses to provide evidence of his or her
identity to a peace officer or a code compliance officer upon re-
quest, when the officer has reasonable cause to believe the person
has committed a violation of the town code, the land development
code or a town ordinance, is guilty of a 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 exceed 6 months, or by both
such fine and imprisonment.
5 -7 -5 Form for uniform and
long form civil code
complaints
A. The uniform 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.
B. The long form civil code
complaint and summons shall
be in a form determined by the
town attorney or designee and
shall contain at a minimum the
date and place of the alleged
violation, a reference to the
town code or land
development code section or
town ordinance provisions
Ordinance No. 2010.02 revised paragraphs A
and 8 of section 5 -7 -4 by replacing "duly au-
thorized agent of the town" with "a code com-
pliance officer" and adding " the land devel-
oament code or a town ordinance
Ordinance No. 2007.32 added "class I" be-
fore "misdemeanor" in paragraph 8
Ordinance No. 2010.02 revised section 5 -7 -5
to add "uniform and long form" to the title,
added numbering to and substantially rewrote
paragraph A, and added paragraphs 8 and C
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alleged to have been violated
and the time, date and place for the defendant to appear.
C. The uniform and long form civil code complaint shall contain notice
that default judgment will be entered and a civil sanction and order
MARANA TOWN CODE 5 -6
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Title 5. Municipal Court ()
to abate the violation will be imposed on a person who is cited and
fails to appear as directed in the complaint.
5 -7 -6 Certification of uniform and long form civil code
Ordinance No. 2010.02 revised section 5 -7 -6
complaints
to delete the word "false" and add "uniform
A. A uniform civil code complaint need not be sworn to if it contains a
p
and long form" in the title, add "uniform" in
paragraph A, add paragraph 8, and renumber
form of certification by the issuing officer in substance as follows: "I
Daraaraah C
hereby certify that I have reasonable grounds to believe and do be-
lieve that the person named in this complaint committed the civil
violation described in this complaint."
B. The town attorney or designee shall swear to the contents of the
long form civil code complaint under oath and sign the complaint in
the presence of the magistrate.
C. A false certification under this section constitutes perjury.
5 -7 -7 Admission or denial of allegations in complaint; hearings;
On March 31, 2010, the town attorney cor-
findings of court; civil sanction; order to abate
rected, as a scrivener's error under the au-
A. A erson named in a civil code complaint shall appear at the time
p p pp
thority of section 1 -4 -5, the numbering of sec -
bons 5 -7 -7 through 5 -7 -11. They had been
and place stated in the complaint or may appear prior to the time if
inadvertently and incorrectly renumbered to
so authorized by the court and upon the directions contained in the
5 -7 -8 through 5 -7 -12 by Ordinance
complaint and admit or deny the allegations of the complaint. Alle-
No. 2010.02
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
impose a civil sanction.
C. Allegations in a civil code complaint may be admitted with an ex-
planation. 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
evidence. Technical rules of evidence do not apply, except for
statutory provisions relating to privileged communications. A per-
son 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 recorded. 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 ad-
mitted 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
Ordinance No. 2010.02 revised paragraph F
$1,000 unless otherwise designated in this code, the land devel-
to add "unless otherwise designated in this
opment code, a town ordinance or under state law.
code, the land development code, a town
ordinance or under state law," added para-
graph G, and renumbered paragraph H.
MARANA TOWN CODE 5 -7
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Title 5. Municipal Court ()
G. Each day that a violation continues shall be considered a separate
offense.
H. 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.
5 -7 -8 Appeal
Any party may appeal the judgment of the court. The appeal may be to
Ordinance No. 2010.02 revised section 5 -7 -8
the superior court in the same manner as promulgated by the supreme
by deleting the sentence "Commissioners of
court. The posting of an appeal bond stays enforcement of the judg-
the superior court may hear and determine
ment.
appeals"
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.
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.
5 -7 -11 Failure to obey order to abate violation; penalty
section 5 -7 -11 was revised by Ordinance
Any person who fails to obey an order to abate a violation issued by a
No. 200 7.32, which added "class I" before
misdemeanor, and Ordinance No. 2010.02,
magistrate, is guilty of a class 1 misdemeanor. A violation of this sec-
which deleted "special magistrate, or special
tion is punishable by up to a maximum six months in jail and by a
limited maaistrate" after "maaistrate"
maximum fine of $2,500; and by probation up to three years.
CHAPTER 5 -8. HOME DETENTION PROGRAM
Chapter 5 -8 was added by Ordinance
There is hereby established in the municipal court a home detention
No. 2007.11
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 To wN CODE 5 -8 711212010
{00021360. DOC I}
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 ......................................................................... ............................6 -1
VACCINATION AND LICENSING OF DOGS ........................ ............................6 -2
DOGS AT LARGE; DOGS ON SCHOOL GROUNDS; IMPOUNDMENT; DOG
WASTEREMOVAL ............................................................. ............................... 6 -5
CRUELTY AND NEGLECT OF ANIMALS ............................ ............................6 -7
VICIOUS OR DESTRUCTIVE ANIMALS ............................... ............................6 -9
DANGEROUS ANIMALS ...................................................... ...........................6 -11
EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS .... ...........................6 -15
AUTHORITY TO ENFORCE, REMOVE AND IMPOUND ..... ...........................6 -15
RULES OF PROCEDURE ..................................................... ...........................6 -16
{00021360. DOC I}
Title 6. Animal Control ()
MARANA TOWN CODE 6 -1 711212010
{00021360. DOC I}
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-
dardized all references to enforcement by
6 -1 -1
[Reserved]
referencing the town animal enforcement
agent. Land use regulations relating to ani-
6 -1 -2 Definitions
mals may be found in the Land Development
Code.
A. The following definitions shall apply throughout this title unless the
context
clearly indicates otherwise.
Ordinance No. 2005.22 deleted section 6 -1 -1
entitled "General rule regarding definitions," a
1.
"Altered dog" means a spayed female or neutered male dog.
duplication of section 1 -3 -1
2.
"Animal" means every non human mammalian species of ani-
"Altered dog" definition was added by Ordi-
mal, 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
animal.
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 con-
trol 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-
MARANA TOWN CODE 6 -1 711212010
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Title 6. Animal Control ()
way, the "property line" shall be the nearest boundary of the
public right -of -way.
18. "Provocation" means any behavior toward an animal or its
owners or its owner's property which is likely to cause a defen-
sive reaction by the animal.
19. "Tie out" means a chain, leash, wire cable or similar restraint
attached to a swivel or pulley.
20. "Town enforcement agent" means the Pima Animal Care Cen-
"Town enforcement agent" definition was
ter 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
6 -2 -1 Vaccination required; classification
No. 2006.21. See Ordinance Nos. 90.02,
91.20, 94.01 and 96.01 for prior history.
A. It shall be unlawful to own, keep, possess, harbor or maintain a
dog over the age of three months unless it is vaccinated in accor-
dance with the requirements of this chapter.
B. Any person who fails to comply with this section is guilty of a
class 2 misdemeanor.
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.
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.
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.
MARANA To wN CODE 6 -2 711212010
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Title 6. Animal Control ()
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 without having the dog licensed in accordance with the re-
quirements of this chapter.
B. Any person who fails to comply with this section is guilty of a class
2 misdemeanor.
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.
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.
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, in an amount established by
a fee schedule adopted by the council and amended from time to
time.
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
reasonable 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
MARANA TOWN CODE 6 -3
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The fees in section 6 -2 -8 were modified by
Ordinance Nos. 2007.13 and 2008.17, and
were moved to the comprehensive fee
schedule by Ordinance No. 2009.11
7/12/2010
Title 6. Animal Control ()
delinquent penalty in an amount established by a fee schedule
adopted by the council and amended from time to time.
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 in an amount established by a fee schedule adopted
by the council and amended from time to time shall be charged to
transfer any license.
D. Failure to comply with this section is a civil infraction.
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 magis-
trate 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.
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.
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 Ameri-
can Kennel Club approved show;
2. While engaged in or transported to and from races approved by
the Arizona Racing Commission; or
3. While acting as a police dog.
MARANA TOWN CODE 6 -4
{00021360. DOC I}
The transfer fee was modified by Ordinance
Nos. 2007.13 and 2008.17, and moved to the
comprehensive fee schedule by Ordinance
No. 2009.11
7/12/2010
Title 6. Animal Control ()
C. The town enforcement agent or a peace officer may apprehend
and impound, or cause to be impounded, any dog found without a
license tag for the current year.
D. Failure to comply with this section is a class 2 misdemeanor.
6 -2 -12 Duplicate tags, fee
Whenever a do license to is lost, a duplicate to will be issued upon
g g p g p
The duplicate tag fee was modified by Ordi-
nance Nos. 2007.13 and 2008.17, and moved
application by the owner and the payment of a fee to the town en-
to the comprehensive fee schedule by Ordi-
forcement agent in an amount established by a fee schedule adopted
nance No. 2009.11
by the council and amended from time to time.
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.
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
Chapter 6 -3 was added by Ordinance
GROUNDS; IMPOUNDMENT; DOG WASTE
No. 2006.21. See Ordinance Nos. 90.02,
REMOVAL
91.20, 94.01, 96.01 and 2005.22 for prior
history.
6 -3 -1 Dogs at large prohibited; exceptions; impoundment;
classification
A. Any dog owned, possessed, harbored, kept or maintained on pub-
lic streets, sidewalks, alleys, parks or other public property shall be
restrained 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 Ari-
zona Racing Commission, provided that the dog is accompa-
nied 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.
MARANA TOWN CODE 6 -5 711212010
{00021360. DOC I}
Title 6. Animal Control
4. While confined within acounty- or town - maintained temporary
or permanent dog run located within a park.
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.
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
under 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.
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.
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 un-
der 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 un-
der 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 enforce-
ment agent.
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E. Any unlicensed dog unclaimed within three days may be placed for
adoption or humanely destroyed within the discretion of the town
enforcement agent.
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 sani-
tary manner any solid waste deposited by the dog on public prop-
erty or on private property without the consent of the person in con-
trol 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, lowing paragraphs renumbered to conform
any solid wastes from dogs for a period of time longer than 72
hours. This paragraph applies to private property, including prop-
erty 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 desig-
nated 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 pro-
visions 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 magis-
trate 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
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.
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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, exer-
cise space and ventilation. Any person owning or having care, con-
trol or custody of any animal shall provide:
1. That the animal receives daily, food that is free from contami-
nation and is of sufficient quantity and nutritive value to main-
tain the animal in good health;
2. That potable water is accessible to the animal at all times, ei-
ther 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 artifi-
cial 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 pre-
cipitation, 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 debili-
tating 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 simi-
lar 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 connec-
tion, it is unlawful for any person to keep any animal in a vehi-
cle or other enclosed space in which the temperature is either
so high or so low, or the ventilation is so inadequate, as to en-
danger the animal 7 s life or health.
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6 -4 -3 Protection of animals by town; violations; penalty
A. Any peace officer or town animal enforcement agent is authorized
to use whatever force is reasonable and necessary to remove any
animal from a vehicle or other enclosed space whenever it appears
that the animal's life or health is endangered by extreme tempera-
tures or lack of ventilation within the vehicle or other enclosed
space.
B. No peace officer or town animal enforcement agent shall be liable
for damages to property caused by the use of reasonable force to
remove an animal from such a vehicle or other enclosed space un-
der those circumstances.
C. Any peace officer or town animal enforcement agent is authorized
and empowered to remove and impound any animal in plain view
and suffering from life threatening exigent circumstances. The
owner of any animal removed and impounded under the provisions
of this chapter shall be liable for any impoundment, boarding or
veterinary 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
responsible 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 mag-
istrate may not grant probation in lieu of, or otherwise suspend, the
imposition of the minimum fine prescribed in this paragraph. As a
condition 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 imposition of any mandatory minimum penalties provided in
this paragraph.
CHAPTER 6 -5. VICIOUS OR DESTRUCTIVE ANIMALS
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.
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-
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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
responsible for any and all applicable impoundment and boarding
fees in connection therewith.
C. It is unlawful for any person to fail to comply with an order of the
magistrate regarding a vicious or destructive animal. It is a sepa-
rate offense for each day that the person fails to comply with the
magistrate'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
remedy 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 de-
termining that any animal within the town limits is vicious and is
an immediate danger to the safety of any person or other ani-
mal, may impound the animal immediately.
2. Within ten days of the date of impoundment, the town magis- The cross - reference in paragraph G.2 was
trate 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.
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CHAPTER 6 -6. DANGEROUS ANIMALS
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,
attack, chase or charge a person or domestic animal in a
threatening manner; or
2. Bare its teeth or approach a person or domestic animal in a
threatening manner.
B. A dangerous animal does not include an animal used in law en-
forcement, nor does this chapter apply to animals in custody of
zoos or wild animal parks, animals placed in animal shelters, ani-
mals under care of veterinarians or wild animals.
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 re-
quest with the town animal enforcement agent for a hearing to de-
termine 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 re-
quested.
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
ordered 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 danger-
ous 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
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place designated by the town animal enforcement agent. The hear-
ing shall be conducted by a hearing officer selected by the town
animal enforcement 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 elec-
tronic 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 pre-
ponderance of the evidence that the animal is not dangerous. The
owner may be represented by counsel and present witnesses at
the animal owner's cost.
G. The hearing officer shall make a written decision within five work-
ing days of the hearing and notify the owner of the animal of the
decision.
H. If the decision of dangerousness is sustained by the hearing offi-
cer, the owner of the animal shall obey the order of compliance is-
sued 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
dangerous again if the agent has additional reasons to believe the
animal is dangerous after a new evaluation of the animal is con-
ducted.
J. Appeal of the decision of the hearing officer shall be by way of
special 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 officer who conducted the hearing so certifies, a new hear-
ing 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.
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
appropriate fencing requirements for the size and nature of
the animal. The town animal enforcement agent may re-
quire 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 bot-
tom of the confinement area to be of concrete, cement or
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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 confine-
ment 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 impounded.
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 en-
gaging 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 con-
trol 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 insurance 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 animals, 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 num-
bers 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.
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 compli-
ance. Five days after the seizure, the town animal enforcement
agent may humanely destroy the animal unless the owner has
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demonstrated obedience to the order of compliance. The owner of
the animal is responsible for any impound fees. If the owner of the
animal demonstrates proof that the order of compliance has been
obeyed, then the animal will be returned to the owner after pay-
ment of impound fees. Any action taken under this chapter shall be
in addition to any available criminal penalties.
6 -6 -6 Required acts and unlawful activities
A. An owner of an animal declared dangerous shall obey the order of
compliance.
B. An owner of an animal declared dangerous shall not sell, give
away, abandon or otherwise dispose of the animal without notifying
the town animal enforcement agent in writing in advance.
C. An owner of an animal declared to be dangerous shall provide
proof of liability insurance and the veterinarian's certificate of spay-
ing or neutering to the town animal enforcement agent upon de-
mand.
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 en-
forcement 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.
6 -6 -7 Minimum penalties; enhancement
A. Wherever in this chapter any act is prohibited or declared to be
unlawful or the doing of any act is required or the failure to do an
act is declared to be unlawful, the violation of that provision is a
misdemeanor punishable, except for the penalties already set forth
in this title, by a fine of not less than $100 and not more than
$1,000 and /or by imprisonment for not more than six months. No
judge may grant probation to or suspend the imposition of the
minimum fine prescribed in this paragraph. In addition, a person
may be placed on probation for not more than three years. This
shall not be construed to affect, in any way, the imposition of the
minimum mandatory penalties provided in this paragraph.
B. Each day any violation continues or occurs shall constitute a sepa-
rate offense.
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CHAPTER 6 -7. EXCESSIVE NOISE CAUSED BY ANIMALS OR
BIRDS
6 -7 -1 Excessive noise prohibited
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 be-
yond the property line of the property on which they are conducted and
they disturb the public peace, quiet or comfort of the neighboring in-
habitants.
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
enforcement.
B. A violation of any provision of this chapter is a civil infraction and
will be adjudicated by the town magistrate.
C. If the owner of the animal or bird which has engaged in an activity
prohibited by this chapter cannot be determined, the owner, lessee
or occupant of the property on which the activity is located shall be
deemed responsible for the violation.
D. Each days' continuance of a violation under this chapter shall be
determined a separate offense.
E. A fine of not less than $50 or more than $300 shall be imposed for
each violation.
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
6 -8 -1 Authority to enforce
Any peace officer or town animal enforcement agent is hereby author-
ized and empowered to enforce the provisions of this title and to issue
citations for violations of it.
6 -8 -2 Authority to remove, impound and microchip; costs
A. A peace officer or town animal enforcement agent who has prob-
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.
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Pima County Animal Care officers have been
designated the town animal enforcement
agent by intergovernmental agreement
Section 6 -8 -2 was substantially modified by
Ordinance No. 2006.21, which among other
things added the microchip authorization
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Title 6. Animal Control ,
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 ................................................................. ............................7 -1
CHAPTER 7 -2. BUILDING PERMITS .............................................................. ............................7 -2
CHAPTER 7 -3. [RESERVED] ...................................................................... ............................... 7 -3
CHAPTER 7 -4. SOLAR ENERGY UTILIZATION CREDIT .......................... ............................... 7 -3
CHAPTER 7 -5. SPECIAL CONSTRUCTION SITE REQUIREMENTS ........... ............................7 -3
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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
department" to "building safety department"
throughout Title 7.
7 -1 -1 Purpose
A. The Marana building code shall have the following purposes:
1. Regulate the site preparation and construction, alteration, mov-
ing, demolition, repair, use and occupancy of buildings, struc-
tures and building service equipment within the jurisdiction;
2. Provide for the issuance of permits and collection of fees;
3. Provide for a building codes advisory board;
4. Provide for penalties for the violation of building codes.
7 -1 -2 Building codes adopted
Section 7 -1 -2 was adopted by Ordinance
A. The Marana building ode consists of the following code docu-
g g
No. 2001.04 and revised by Ordinance
Nos. 2006.16 and 2006.33. For prior history,
ments incorporated by this reference in this title, all of which are on
see Ordinance Nos. 95.32 and 96.34.
file with the town clerk's office:
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
governments are authorized to adopt a plumbing code other
than the state plumbing code, the state plumbing code is auto-
matically replaced with the 2006 international plumbing code,
with local amendments.
3. The 2006 international residential code, with local amend-
ments.
4. The 2006 international mechanical code, with local amend-
ments.
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:// 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
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.
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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-
ing official, inspection team leaders and other employees as shall be
authorized from time to time.
7 -1 -5 Violation a civil infraction
Section 7 -1 -5 was revised by Ordinance
No. 2006.16
It shall be a civil infraction for any person, firm or corporation to violate
any of the provisions of this title. Civil infractions shall be enforced as
provided in chapter 5 -7 of this code. Each day a violation continues
shall be considered a separate offense.
7 -1 -6 Administrative appeal process
Section 7 -1 -6 was revised and simplified by
Ordinance No. 2006.16.
A. Whenever a violation of this building code is determined, whether
during construction or at the plan review stage, and the applicant
wishes to appeal the decision of the staff because of code interpre-
tation, unreasonable hardship or other acceptable reasons, the ap-
plicant may appeal to the building official 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
applicant, 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 ap-
peals in accordance with the building code.
CHAPTER 7 -2. BUILDING PERMITS
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
commence that construction without first obtaining a building per-
mit from the town.
B. Any person, partnership, firm or corporation desiring to erect, con-
struct, enlarge, move or substantially modify any commercial, in-
dustrial, quasi - public or public building or structure shall first make
application 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 fea-
tures, and electrical, plumbing, and mechanical installations for re-
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Title 7. Building ()
view by the town plans examiner to permit evaluation of their ade-
quacy 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.
CHAPTER 7 -3. [RESERVED]
Chapter 7 -3, formerly entitled "fees," was su-
perseded by Ordinance No. 2005.16, which
CHAPTER 7 -4. SOLAR ENERGY UTILIZATION CREDIT
adopts various development - related fees by
Chapter 7 -4 was adopted by Ordinance
7 -4 -1 Purpose
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 credit. Chapter 7 -4 sunsets on May 1, 2008 or
utilization within the town by reducing the permit fee for permits in ac-
when cumulative credits of $300,000 are
cordance with the currently adopted permit fee schedule.
given. Chapter 7 -4 was revised by Ordinance
No. 2005.22. Former chapter 7 -4 ( "Fiber Op-
7-4-2 Credit program
tics code') was deleted by Ordinance
No. 99.28.
A. All single family residences within the town are eligible to apply for
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 ap-
7 -4 -1 by adding the section number and
p ro p ri ate 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
water conservation credits
building official to receive credit. Decisions regarding credits may
be appealed 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
Ordinance No. 2006.16 renamed Chapter 7 -5
REQUIREMENTS
from "additional building requirements" and
"location
deleted section 7 -5 -1 entitled of
gasoline pumps"
7 -5 -1 Sewage disposal
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 local and state regulations. All connections to any sewer sys-
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Title 7. Building ()
tem must be approved in writing by Pima County wastewater man-
agement department prior to a building permit being issued. Pima
County may waive this requirement when requested by the building
official.
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 subdivi-
sion. 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
removed to a solid waste landfill registered with the Arizona de-
partment of environmental quality pursuant to A.R.S. § 49 -747.
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7 -4
Section 7 -5 -2 was added by Ordinance
No. 2006.16.
7/12/2010
Title 8
Transaction Privilege Tax �
CHAPTER 8 -1. ADOPTION OF TAX CODE ................................................... ............................8 -1
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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
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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.)
7/12/2010
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
•
BUSINESS LICENSE ............................................................. ............................9 -1
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS ..........................9 -6
SWAPMEETS ................................................................... ............................... 9 -11
[RESERVED] .................................................................... ............................... 9 -12
CLOTHING AND CONDUCT FOR QUALIFIED ESTABLISHMENTS ............9 -12
SEXUALLY ORIENTED BUSINESSES ................................ ...........................9 -14
LIQUOR LICENSE TAX ........................................................ ...........................9 -34
CABLE TELEVISION ............................................................ ...........................9 -35
PENALTY .............................................................................. ...........................9 -55
SURFACE MINING AND LAND RECLAMATION ................ ...........................9 -56
SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE ........................9 -63
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Title 9. Business Regulations ()
TITLE 9. BUSINESS REGULATIONS
Title 9 was adopted by Ordinance No. 96.09.
See Ordinance No. 93.02 for prior history.
CHAPTER 9 -1. BUSINESS LICENSE
Ordinance No. 2009.14 made revisions
throughout title 9 to transfer the licensing du-
9 -1 -1 Licensed required; exceptions
ties from the town clerk to the license inspec-
tor. See Appendix (Table of Revisions) for
A. It is unlawful for any person, whether as principal or agent, either
affected sections
for himself or for another person, or for any corporation, or as a
Ordinance No. 2000.06 added the word "ex-
member of any firm or partnership, to commence, practice, trans-
ceptions" to the title of section 9 -1 -1
act or carry on any trade, calling, profession, occupation or busi-
ness 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 required by the United States government or the state and its
political subdivisions. No license shall be issued without proof by
the applicant of that compliance and verification by the town 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, oc-
cupation or business by any person, corporation or partnership
without first having procured a license from the town to do so, or
without complying with any and all regulations of that trade, calling,
profession, 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 business 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 license
inspector.
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
person's residential remises, so Ion as the activi neither
p ' p g y
Paragraph 5 was added by Ordinance
No. 2000.06
exceeds three consecutive days or is performed more than four
times within a one -year period.
9 -1 -2 Application and issuance
A. It shall be the duty of the license inspector upon receipt of a prop-
erly completed 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 license 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, profes-
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Title 9. Business Regulations ()
sion, occupation or business is to be carried on, transacted or
practiced.
B. In no case, shall any mistake made by the town in issuing any li-
cense 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.
9 -1 -3 Fees; payment; term of licenses; annual renewal required
A. The fee for any business license or business license renewal is-
sued under this chapter shall be in an amount established by a fee
schedule adopted by the council and amended from time to time.
B. In addition to the business license fee, every person, firm, corpora-
tion, 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 origi-
nal license or transfer of license, shall tender to the town a fee in
an amount established by a fee schedule adopted by the council
and amended from time to time. 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
chapter 9 -10, including a renewal license, shall be in an amount
established by a fee schedule adopted by the council and
amended from time to time. An increased 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 regula-
tions of appropriate state and federal agencies, having due re-
gard for the health and safety of workers and other employees,
and safeguard with fences, barriers, fills, covers, or other effec-
tive devices, any shafts, pits, tunnels, cuts, and other excava-
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9 -2
Section 9 -1 -3 was rewritten by Ordinance
No. 2000.06, and amended by Ordinance No.
2009. 11, which moved specific fees to the
comprehensive fee schedule
Paragraph 8 was added by Ordinance
No. 98.12
Paragraph C was added by Ordinance
No. 2002.07
7/12/2010
Title 9. Business Regulations ()
tion which otherwise would unduly imperil life, safety or prop-
erty 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 license inspector.
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 license inspector, on the day upon
which the charge becomes delinquent, shall add to it a late pay-
ment fee in an amount established by a fee schedule adopted by
the council and amended from time to time as a penalty and no re-
ceipt or license shall be issued by the license inspector until the
charge and penalty is paid in full.
9 -1 -4 Number of licenses required
A. A separate charge for a license shall be paid for each branch es-
tablishment or separate place of business in which any person,
corporation or partnership shall carry on, transact or practice a
trade, calling, 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.
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 cor-
poration, firm or company may carry with him or her a copy of the
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Title 9. Business Regulations ()
license which has been issued by the town and plainly marked or
stamped "Duplicate ".
C. Each person, corporation or partnership having a license shall pro-
Ordinance No. 2009.25 changed "town clerk"
duce and exhibit the same whenever requested to do so by the li-
to "license inspector" and revised the last
cense inspector, any police officer or any agent or employee of the
phrase in paragraph C
town.
9 -1 -6 License inspector
Ordinance No. 2009.14 changed the title of
section 9 -1 -6 (formerly 'Inspector of licenses')
A. The town manager shall designate a town employee who shall be
and replaced "town clerk, in all instances,
the license inspector, and all police officers of the town shall be as-
with "license inspector"
sistant inspectors of licenses and, in addition to their several du-
ties, are hereby required to see that all required licenses are ob-
tained. The license inspector shall maintain a record for each li-
cense 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 license inspec-
tor the name of any person, corporation or partnership carrying on,
transacting or practicing any trade, calling, profession or business
within the town without first having obtained a license as required
by this chapter.
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.
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.
9 -1 -9 Prorating prohibited
No license fee provided in this chapter shall be prorated.
9 -1 -10 Denial; restrictions; suspension; revocation
Section 9 -1 -10 was rewritten by Ordinance
A. Licenses issued under the provisions of this chapter may be de-
No. 2000.06, which combined former sec -
tions 9 -1 -10 and 9 -1 -11.
nied, restricted, suspended or revoked by the town, after notice, for
any of the following causes:
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Title 9. Business Regulations ()
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-
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, the li-
cense inspector shall give written notice to the licensee or the per-
son 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 sus-
pension and proposed revocation.
D. The licensee may take the necessary actions during the suspen-
sion period to remedy the violation(s), if allowable, and apply to the
license inspector 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
awaiting 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.
9 -1 -11 Appeal
A. Any person aggrieved by the denial of an application for license or
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
hearing officer, a written statement requesting an appeal, and set-
ting forth fully the grounds for the appeal. If an appeal is not re-
quested within the time limit, no appeal shall be granted, and the
decision of the hearing officer will become final and binding. The
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9 -5
Former section 9 -1 -12 was renumbered as
section 9 -1 -11 by Ordinance No. 2000.06
7/12/2010
Title 9. Business Regulations ()
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 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
delivered upon mailing, whether received or not.
C. The decision and order of the town council on appeal shall be final.
9 -1 -12 Additional reporting requirements
section 9 -1 -12 was added by Ordinance
No. 2000.10
To ensure compliance with the provisions of chapter 9 -6, sexually ori-
ented businesses, any businesses licensed under this chapter shall
provide to the license inspector upon initial or renewal application and
every three months thereafter, statements detailing the sales and stock
Former section 9 -1 -13 entitled "Penalty"
percentage 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 chapter 9-
leted by Ordinance No. 2000.06
6, may certify to that effect upon initial or renewal application; the certi-
fication is effective until revoked or amended by the applicant or licen-
see and is made in lieu of the additional reporting requirements of this
section.
CHAPTER 9 -2. PEDDLERS, SOLICITORS AND TRANSIENT
MERCHANTS
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 pro-
visions 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 collecting advance payments on those sales or not, pro-
vided that the definition 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 samples and taking orders for future delivery.
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Title 9. Business Regulations ()
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 provisions, within the town, and who, in fur-
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.
The person or firm so engaged shall not be relieved from comply-
ing with the provisions of this title merely by reason of associating
temporarily 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 auction-
eer.
9 -2 -2 License required; prohibited activities
A. Subject to the provisions of A.R.S. § 3 -563, any person operating
as a solicitor, peddler, or transient merchant within the town shall
register with the license inspector and obtain a license showing
that registration.
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
merchandise.
2. Any peddler, solicitor, or transient merchant to operate in a
congested area where the operation may impede or inconven-
ience the public use of the street, alley, sidewalk, or right of-
way. For the purpose of this chapter, the judgment of a police
office, exercised in good faith, is conclusive as to whether the
area is congested and the public impeded or inconvenienced.
3. Any person to exhibit or display any copy or facsimile of the
original license issued under this chapter.
4. Any child or children under the age of 16 years to solicit or
peddle within the town pursuant to a permit granted under this
chapter unless supervised by a responsible adult holding a
permit issued 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.
MARANA TOWN CODE
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9 -7
Ordinance No. 2000.06 added the word "ser-
vices" to paragraph C
Section 9 -2 -2 was rewritten by Ordinance
No. 2000.06, which also incorporated the
subject matter of former section 9 -2 -3 entitled
"Registration required" and renumbered the
remaining sections to conform.
7/12/2010
Title 9. Business Regulations ()
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-
tained in this chapter prohibits any sale required by statute or by order
of any court, or prevents any person conducting a bona fide auction
sale pursuant to law.
9 -2 -4 Conducting business without license prohibited
It is unlawful for any solicitor, peddler, or transient merchant to conduct
or transact business without having registered with the license inspec-
tor and without having obtained a license for it; without having the li-
cense 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.
9 -2 -5 Peddling on posted premises; refusal to leave premises
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.
9 -2 -6 Application and issuance
A. Applicants for a license under this chapter shall file with the license
inspector a sworn application in writing, on a form to be furnished
by the license inspector, which shall give the following information:
1. Name and physical description of the applicant;
2. Complete permanent home and local addresses of the appli-
cant 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
office 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
sold or for which orders are to be taken, or services to be pro-
vided, where those goods, services or products are located at
the time the application is filed, and the proposed method of
delivery;
7. A statement as to whether or not the applicant has been con-
victed of any crime, misdemeanor or violation of any municipal
MARANA TOWN CODE 9 -8
{00021360. DOC I}
Ordinance No. 2000.06 changed "to prevent"
to "prevents"
Ordinance No. 2000.06 modified section
9 -2 -4 to refer to "license" instead of "registra-
tion card"
Section 9 -2 -5 was rewritten by Ordinance
No. 2005.22
Paragraph A(6) was rewritten by Ordinance
No. 2005.22
7/12/2010
Title 9. Business Regulations .
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 appli-
cant carried on business immediately preceding the date of ap-
plication 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
unless the town discovers through any investigation that the appli-
No. 2000.06
cant, 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.
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.
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 a license fee or license renewal fee in an amount
established by a fee schedule adopted by the council and
Ordinance No. 2009.11 amended paragraphs
amended from time to time for each business endeavor conducted
A and F by adding reference to the compre
hensive fee schedule and deleting specific
in the town.
fee amounts
B. No greater or lesser amount of money shall be charged or received
by the town for any license provided for in this chapter, and no li-
cense 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 license inspector.
D. A 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.
E. Any person, firm, company or corporation who discontinues the ac-
tivity during the period covered by the current license shall not be
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Title 9. Business Regulations ()
entitled to any refund of license fee for that portion of the period
remaining after discontinuing the activity.
F. Fees provided for this chapter shall become delinquent 15 days af-
ter they become due and the license inspector, on the day upon
which the charge becomes delinquent, shall add to the fees a late
payment fee in an amount established by a fee schedule adopted
by the council and amended from time to time as a penalty and no
receipt or license shall be issued thereafter by the license inspector
until the charge and penalty is paid in full.
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 license inspector all cita-
"citations issued"
tions issued for a violation of this chapter, and the license inspector
shall maintain a record for each license issued and record the reports
of violations in it.
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.
9 -2 -11 Transfer of registration
Ordinance No. 2000.06 changed "registration
card" to "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 license inspector.
9 -2 -12 Denial; restriction; suspension; revocation
Section 9 -2 -12 (section 9 -2 -14 of Ordinance
A. A license issued under the rovisions of this chapter may be de-
p p y
No. 96.09) was rewritten by Ordinance
No. 2000.06, which also incorporated the sub -
nied, restricted, suspended or revoked by the license inspector for
ject matter of former section 9 -2 -13 entitled
any of the following causes:
"Revocation of registration cards" and renum-
bered the remaining sections to conform.
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, town ordinance, state or federal
law;
4. Conviction of any felony or a misdemeanor involving moral tur-
pitude;
5. Conducting business in an unlawful manner or in a way that
constitutes 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 immedi-
ately and the applicant shall not conduct any business activity
within the town.
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Title 9. Business Regulations ()
C. At the time of denial or revocation the license inspector 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 re-
voked. The notice shall also advise that the licensee shall have
15 days to request a review hearing before the town manager or
his or her appointee for the purpose of determining whether the li-
cense 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.
9 -2 -13 Appeal
Ordinance No. 2000.06 changed "licensee" to
A. Any person aggrieved by the denial of an application for a license
"appellant" and "hearing officer" to "Town
or by the restrictions placed upon the license or by the suspension
manager or his or her appointee"
or 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
appeal before the town council. An appeal shall be taken by filing
with the town clerk, within 15 days after the decision of the town
manager or his or her appointee, a written statement requesting an
appeal, and setting forth fully the grounds for the appeal. If an ap-
peal is not requested within the time limit, no appeal shall be
granted, and the decision of the town manager or his or her ap-
pointee will become final and binding. A written statement of ap-
peal 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.
A former section 9 -2 -16 entitled "Penalty" was
deleted by Ordinance No. 2000.06
CHAPTER 9 -3. SWAP MEETS
9 -3 -1 Definitions
In this chapter, unless the context otherwise requires:
A. "Swap meet operator" means any person, organization or firm who
Ordinance No. 2000.06 added the word "or-
operates or conducts a swap meet.
ganization" to paragraph A
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 busi-
ness of vending or are making casual sales or some combina-
tion 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.
MARANA TOWN CODE 9 -11 711212010
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Title 9. Business Regulations ()
9 -3 -2 License required
Section 9 -3 -2 was rewritten by Ordinance
A. It is unlawful for any swap meet operator to engage in any swap
No. 2000.06
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.
9 -3 -3 Exemptions
A. The terms of this chapter do not include acts of persons selling
personal property within the confines of that person 7 s residential
premises, so long as the activity does not exceed three consecu-
tive days and is not performed more than four times a year.
B. Any vendor who conducts or transacts business at a swap meet
and whose regular business activity subjects him or her to the li-
censing requirements set forth in chapter 9 -1 shall have a business
Ordinance No. 2000.06 changed "their" to
license for conducting regular business activity, but shall be ex-
"conducting in paragraph 8 and deleted for -
mer section 9-3-4 entitled "Penalty"
empt from 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
et seq.
9 -5 -1 Definitions
In this chapter, unless the context otherwise requires, the following
Chapter 9 -5 was rewritten by Ordinance
No. 2000.06. See Ordinance Nos. 95.12
words and phrases shall be construed as follows:
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,
tavern, 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
p p
was simplified by Ordinance No. 2005.22
by the establishment, whether the liquor license extends to that
portion of the premises or not.
711212010
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Title 9. Business Regulations ()
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-
lishments that serve spirituous liquors as defined by A.R.S.
§ 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.
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-
fied establishment, who appears clothed, costumed, unclothed, or un-
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.
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-
pears clothed, costumed, unclothed, or un- costumed shall appear in a
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.
MARANA TOWN CODE 9 -13
{00021360. DOC I}
The statutory reference in section 9- 5 -2(A)
was simplified by Ordinance No. 2005.22
The statutory reference in section 9 -5 -3 was
simplified by Ordinance No. 2005.22
The statutory reference in section 9 -5 -4 was
simplified by Ordinance No. 2005.22
7/12/2010
Title 9. Business Regulations ()
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.
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.
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 copu-
lation, flagellation, or any sexual acts which are prohibited by
law;
2. The touching, caressing or fondling of the breast, buttocks,
anus or genitals.
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
9 -6 -1 Purpose
It is the purpose of this chapter to regulate sexually oriented busi-
nesses and related activities to promote the health, safety, morals, and
MARANA TOWN CODE 9 -14
{00021360. DOC I}
Chapter 9 -6 was adopted by Ordinance
No. 2000.06
7/12/2010
Title 9. Business Regulations ()
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.
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,
electrically, or mechanically controlled still or motion picture ma-
chines, projectors, or other image - producing devices are main-
Ordinance No. 2000.10 added the word
tained to regularly show images to five or fewer persons per ma-
"regularly" to paragraph A
chine at any one time, and where the images so displayed are dis-
tinguished or characterized by the depicting or describing of speci-
fied sexual activities 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:
1. Books, magazines, periodicals or other printed matter, or pho-
tographs, films, motion pictures, video cassettes or video re-
productions, slides, or other visual representations that depict
or describe 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 estab-
Ordinance No. 2000.10 rewrote paragraph D
p g ra p
lishment that offers accommodation to the public for any form of
consideration and provides patrons with closed- circuit television
transmissions, films, motion pictures, video cassettes, slides, or
other photographic reproductions that are characterized by the de-
piction or description of specified sexual activities or specified ana-
tomical areas; and has a sign visible from the public right of way
711212010
MARANA TOWN CODE 9 -15
{00021360. DOC I}
Title 9. Business Regulations ()
that advertises the availability of this adult type of photographic re-
productions; 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 vis-
ual representations that are characterized by the depiction or de-
scription of specified sexual activities or specified anatomical ar-
eas.
H. "Employee" means a person who performs any service on the
premises of a sexually oriented business on a full time, part time,
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 sexu-
ally oriented business, to any sexually oriented business;
MARANA TOWN CODE 9 -16 711212010
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Title 9. Business Regulations ()
Ordinance No. 2000.10 added everything
after "including but not limited to" in para-
rYranh C
3. The addition of any sexually oriented business to any other ex-
isting 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 shall consider the following factors
Ordinance No. 2000.10 rewrote paragraph L
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
activities;
3. The age of patrons for or by which the services, facilities or ac-
tivities 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
establishment is presumed to not qualify as a family- oriented enter-
tainment business unless articulable reasons to the contrary are
established by the town.
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 ap-
pears in a state of nudity or displays specified anatomical areas is
Ordinance No. 2000.10 added the word
regularly provided to be observed, sketched, drawn, painted, sculp-
"regularly" to paragraph N
tured, photographed, or similarly depicted by other persons for
consideration.
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 tur-
gid 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
Ordinance No. 2005.22 deleted a redundant
"person"
buildings located there, including, but not limited to, the sexually
definition of (see section 1 -3 -2)
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 applica-
tion for a business license pursuant to this chapter.
Q.
"Regularly," "regularly features," or "regularly shown" shall be con-
strued to apply the provisions of this chapter only activities that
pp y p p y
Ordinance No. 2000.10 deleted former para-
graph R entitled "Principal business purpose"
take 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 Ari-
zona revised statutes, title 36, chapter 7.1, or any public or private
institution established for the purposes of offering instruction to pu-
711212010
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Ordinance No. 2000.10 added everything
after "including but not limited to" in para-
rYranh C
Title 9. Business Regulations ()
pils in programs for preschool children with disabilities, kindergar-
ten programs or any combination of grades one through twelve, in-
cluding but not limited to, child day care facilities, nursery schools,
preschools, kindergartens, elementary schools, intermediate
schools, junior high schools, middle schools, high schools, voca-
tional schools, secondary schools, continuation schools, special
education schools; schools includes the school ground but does
not include the facilities used primarily for another purpose and
only incidentally 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 pro-
vided 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
persons 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"
ter, escort agency, nude model studio, adult novelty store and sex- in the last clause of paragraph V
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,
pubic region, buttocks, or a female breast below a point imme-
diately above the top of the areola.
W. "Specified criminal activity" means any of the following offenses:
1. Prostitution or promotion of prostitution; dissemination of ob-
scenity; sale, distribution, or display of harmful material to a mi-
nor; sexual performance by a child; possession or distribution
of child pornography; public lewdness; indecent exposure; in-
decency 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 convic- Ordinance No. 2000.10 changed "five years"
tion or the date of release from confinement imposed for to "two years" in subparagraph a
MARANA TOWN CODE 9 -18 711212010
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Title 9. Business Regulations ()
the conviction, whichever is the later date, if the conviction
is of a misdemeanor offense;
b. Less than five years have elapsed since the date of convic-
tion or the date of release from confinement imposed for
the conviction, whichever is the later date, if the conviction Ordinance No. 2000.10 changed "ten years"
to "five years" in subparagraphs b and c
is Of a felon y 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
convictions are of two or more misdemeanor offenses or
combination 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
region, buttocks, anus, or female breasts, whether covered or
uncovered;
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
activities 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.
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.
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;
MARANA TOWN CODE 9 -19 711212010
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Title 9. Business Regulations .
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.
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 ori-
ented business to employ a person to work and /or perform ser-
vices on the premises of the sexually oriented business, if the em-
ployee 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
person 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 nontransfer-
able 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 oc-
cupation, as applicable, by either the town, the county or the state,
and persons engaging in activities described by this chapter shall
comply with all other ordinances and laws, including the town zon-
ing ordinance, as may be required to engage in a business or pro-
fession.
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.
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 license
inspector may waive the foregoing diagram for renewal applica-
tions if the applicant adopts a diagram that was previously submit-
ted and certifies that the configuration of the premises has not
been altered since it was prepared.
Ma Ra Na To wN CODE 9 -20 711212010
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Title 9. Business Regulations ()
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
No. 2008.16
previous 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 ori-
Ordinance No. 2000.10 added the last sen-
ented business license. Agencies responsible for inspecting the
tence of paragraph 8
premises of an existing or anticipated sexually oriented business
must complete the requested inspections within 30 days of appli-
cant's request; 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 applica-
tion. If a legal entity wishes to own or operate a sexually oriented
business, each natural person who owns or controls a 20% or
Ordinance No. 2000.10 added the last sen-
tence of paragraph D and changed two occur -
greater interest in the business must sign the application for a
rences of 10% to 20%
business license as an applicant. If a corporation is listed as owner
of a sexually oriented business or as the entity that wishes to oper-
ate such a business, each individual having a 20% or greater inter-
est in the corporation must sign the application for a business li-
cense as an applicant. In all cases, any person involved in the day -
to -day operation of the business or has the capacity to significantly
influence the operation 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 li-
cense and the name under which the sexually oriented busi-
ness 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 cer-
tificate of authority to transact business in this state, together
MARANA TOWN CODE 9 -21 711212010
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Title 9. Business Regulations ()
with all amendments to it and a signed statement that the cor-
poration 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 docu-
ments, together with all amendments to it and a signed state-
ment that the corporation is in good standing in the state of in-
corporation;
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 op-
tion contract or other documents evidencing the legally en-
forceable 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 establishment for the purpose of the operation of the estab-
lishment;
9. A current certificate and straight -line drawing prepared within
30 days prior to application by a registered land surveyor de-
picting the property lines and the structures containing any ex-
isting sexually oriented businesses within 1,500 feet of the
property to be certified; the property lines of any established re-
ligious institution /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 estab-
lished within 1500 feet of the property to be certified. For pur-
poses of this section, a use shall be considered existing or es-
tablished if it is in existence at the time an application is submit-
ted;
10. Any of items 2 through 8, above, shall not be required for a re-
newal application or for an application for a secondary classifi-
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
with the original application or previous renewals remain cor-
rect 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 license inspector by the person to whom the
employee license shall issue. Each application for an employee li-
cense shall be accompanied by payment of the application fee in
full. Application forms shall be supplied by the license inspector.
Applications must be submitted to the office of the license inspec-
tor or the license inspector's designee during regular working hours
and contain the following information:
Ma Ra NA To wN CODE 9 -22 711212010
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Title 9. Business Regulations ()
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 appli-
cant clearly showing the applicant's face and taken within the
preceding month, and two sets of the applicant's complete fin-
gerprints on a form provided by the police department. Any
fees for the photographs and fingerprints shall be paid by the Ordinance No. 2000.10 rewrote subpara-
applicant. graphs 1 and 2
2. A statement detailing the sexually oriented business license
history of the applicant for the five years immediately preceding
the date of the filing of the application, including whether the
applicant, in this or any other town, city, county, state, or coun-
try, has ever had any sexually oriented business license, per-
mit, or authorization to do business denied, revoked, or sus-
pended, or had any professional or vocational license or permit
denied, revoked, or suspended. If there is any such denial,
revocation, or suspension, state the name or names under
which the license was sought and /or issued, the name of the
issuing or denying jurisdiction, and describe in full the reasons
for the denial, revocation, or suspension. A copy of any order of
denial, revocation, or suspension shall be attached to the appli-
cation.
3. A statement whether the applicant or any person over the age
of 18 years with whom the applicant resides has been con-
victed, or is awaiting trial on pending charges, of a specified
criminal activity 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 provi-
sions of this chapter.
MARANA TOWN CODE 9 -23 711212010
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Title 9. Business Regulations ()
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.
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 license inspector shall issue a temporary li-
cense to the applicant. The application shall then be referred to the
appropriate town departments for investigation to be made on the
information contained in the application. Any inspection require-
ment 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 license inspector
shall issue an employee license, unless it is determined by a pre-
ponderance of the evidence that one or more of the following find-
ings 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 activ-
ity;
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 provi-
sion of this chapter; or
5. The applicant has had a sexually oriented business employee
license 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.
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 re-
quest.
MARANA TOWN CODE 9 -24
{00021360. DOC I}
Ordinance No. 2000.10 added the third sen-
tence and added "review" to the fourth sen-
tence of paragraph A
Ordinance No. 2000.10 inserted "required by
this article" (now chapter) for "reasonably
necessary" in subparagraph 1
Ordinance No. 2000.10 inserted "any jurisdic-
tion" for "the Town" in subparagraph 5
7/12/2010
Title 9. Business Regulations ()
E. If application is made for a sexually oriented business license, the
license inspector shall approve or deny issuance of the license
within 45 days of receipt of the completed application. The failure
Ordinance No. 2000.10 added the second
of the town or a particular town official or agency to timely act shall
sentence of paragraph E
result in the waiver by the town of any requirement under this
chapter as applied to that particular town official or agency. The li-
cense inspector shall issue a license to an applicant unless it is de-
termined 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
department" to "building safety department."
have not been approved by the health department, fire depart-
The town attorney corrected the department
name in paragraph 6 as a scrivener's correc -
ment, and the building safety department as being in compli-
tion, under authority confirmed by Ordinance
ance with applicable laws and ordinances;
No. 2008.16
7. The premises to be used for the sexually oriented business is
Ordinance No. 2000.10 reduced the distance
located within 1,500 feet of any residential zone, single- or mul-
from schools to 1,500 feet (from one mile) in
tiple- family dwelling, family- oriented entertainment business,
subparagraph 7
church, park or school;
8. The premises to be used for the sexually oriented business is
located within 1,500 feet of either any other sexually oriented
business licensed under this chapter or any other sexually ori-
ented business that would be licensed under this chapter if it
were located 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 whom it is granted, the expiration date, the address of the sexu-
ally oriented business, and the section 9 -6 -3 classification for
which the license is issued. The license shall be posted in a con-
spicuous 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
MARANA TOWN CODE 9 -25 711212010
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Title 9. Business Regulations ()
within the same establishment and wholly owned by that estab-
lishment requires a separate license.
H. If the license inspector determines that an applicant is not eligible
for a sexually oriented business license, the applicant shall be
given notice in writing of the reasons for the denial within 45 days
of the receipt of the completed application by the license inspector,
provided that the applicant may request, in writing at any time be-
fore the notice is issued, that the period be extended for an addi-
tional period of not more than ten days to make modifications nec-
essary 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 license inspector 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 license shall be made within 30 days of receiv-
ing the completed application. The renewal of a license shall be
subject to the fee as set forth in section 9 -6 -7. Non - renewal of a li-
cense shall be subject to appeal as set forth in this chapter.
9 -6 -7 Fees
The annual fee for a new sexually oriented business license, whether
new or renewal, shall be established by a fee schedule adopted by the
council and amended from time to time. The annual fee for a sexually
oriented business employee license, whether new or renewal shall be
established by a fee schedule adopted by the council and amended
from time to time. These fees are to be used to pay for the cost of the
administration and enforcement of this chapter. The fees are nonre-
fundable and may not be prorated for a license period of less than one
year. The fee requirements under this chapter shall not result in the
suspension, non - renewal or revocation of a license pursuant to this
chapter if the applicant or licensee makes full payments within 15 days
of being notified of the fee requirements.
9 -6 -8 Inspection
A. An applicant or licensee shall permit representatives of the police
department, health department, fire department, building safety
department, or other town, state or federal departments or agen-
cies to inspect the premises of a sexually oriented business for the
purpose of ensuring compliance with the law, at any time it is oc-
cupied or open for business. The inspection shall be limited to vis-
ual assessment of the activities conducted in areas in accord with
the provisions of this chapter: areas to which patrons have access
or are allowed access; to requests for inspection of the licenses
required 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 of-
ficers or any other agent allowed by this section to inspect the
MARANA TOWN CODE 9 -26
{00021360. DOC I}
Section 9 -6 -7 was rewritten by Ordinance
No. 2000.10 and amended by Ordinance
No. 2009. 11, which replaced specific fee
amounts with a reference to the comprehen-
sive fee schedule
Ordinance No. 2000.10 rewrote section 9 -6 -8
Ordinance No. 2007.22 changed "building
department" to "building safety department. "
The town attorney corrected the department
name in paragraph A as a scrivener's correc-
tion, under authority confirmed by Ordinance
No. 2008.16
7/12/2010
Title 9. Business Regulations ()
premises at any time the premises is occupied or open for busi-
ness.
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.
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 expiration 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. Notwith-
standing the provisions of this section, if a licensee appeals the
Ordinance No. 2000.10 added the last sen-
tence of paragraph 8
non - renewal of a license, the status quo immediately prior to the
non - renewal shall be maintained while the appeal is pending.
9 -6 -10 Suspension
A. The license inspector shall issue a notice and order of suspension,
suspending a license for a period not to exceed 30 days, if the li-
Ordinance No. 2000.10 inserted "issue a no-
cense inspector determines that the licensee or an employee of the
tice and order of suspension, suspending" in
licensee 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 con-
trolled substances;
3. Refused to allow prompt inspection of the sexually oriented
business 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 suspen-
sion of a license.
9 -6 -11 Revocation
Ordinance No. 2000.10 inserted "issue a no-
A. The license inspector shall issue a notice and order or revocation,
tice and order of revocation, revoking" in
revoking a license issued pursuant to this chapter if any of the fol-
place of "revoke" in paragraph A, added
"knowingly
lowing occur:
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;
p p g
graph C
2. A licensee knowingly or intentionally gave false or misleading
Ordinance No. 2009.25 replaced the term
p
information in the material submitted during the application
"town clerk" with " license inspector" in para -
process;
graphs A and 8
3. A licensee, or a person with whom the licensee resides, is con-
victed of a specified criminal activity on a charge that was
pending prior to the issuance of the license;
4. A licensee, subsequent to licensing, is convicted of a specified
criminal activity;
MARANA TOWN CODE 9 -27 711212010
{00021360. DOC I}
Title 9. Business Regulations ()
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 sex-
ual intercourse, sodomy, oral copulation, masturbation, or other
sexual 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 license inspector revokes a license, the revocation shall
continue for one year, and the licensee shall not be issued a sexu-
ally oriented business license for one year from the date revocation
became effective. If, subsequent to revocation, the town deter-
mines 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 suspen-
sion of a license.
9 -6 -12 Administrative appeal
An applicant may appeal the decision of the license inspector regard-
ing a denial, revocation or suspension to the town council by filing a
written notice of appeal with the town clerk within 15 days after service
of notice upon the applicant of the license inspector's decision. The
notice of appeal 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 license inspector may, within 15 days of
service upon the town clerk of the applicant's memorandum, submit a
memorandum in response to the memorandum filed by the applicant
on appeal to the town council. The applicant shall be afforded a hear-
ing before the town council at which the applicant or the applicant's
attorney shall be afforded the right to address the council and the li-
cense inspector'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 ap-
MARANA TOWN CODE 9 -28
{00021360. DOC I}
Ordinance No. 2000.10 rewrote section
9 -6 -12 and changed the title from "Appeal" to
"Administrative appeal"
Ordinance No. 2009.25 made corrections to
the duties of the town clerk and license in-
spector in section 9 -6 -12, which had been
incorrectly revised by Ordinance No. 2009.14
7/12/2010
Title 9. Business Regulations ()
peal. 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 license inspector's
decision. The town council's decision shall be effective upon its render-
ing. Judicial review of a denial by the license inspector and town coun-
cil may then be made pursuant to this chapter.
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.
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 hir- Ordinance No. 2000.10 rewrote paragraphs A
ing any attendant or employee. and C
B. An establishment operator covered by this chapter must notify the
license inspector in writing within 15 days of any change of li-
censed employees employed at the establishment.
C. An employee covered by this chapter must notify the license in-
spector in writing within 15 days of any change in the employee's
place of employment from one establishment covered by this chap-
ter to another.
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 license inspector, un-
der the application procedure of this chapter. An original applica-
tion 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
enlargement or expansion of the place of business of a sexually
oriented business, new certifications of inspection as required of
original applicants by this chapter.
9 -6 -16 Notices
A. Any notice required or permitted to be given by the license inspec-
tor or any other town office, division, department or other agency
under this chapter to any applicant, operator or owner of a sexually
oriented business may be given either by personal delivery or by
certified United States mail, postage prepaid, return receipt re-
quested, addressed to the most recent address as specified in the
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Title 9. Business Regulations .
application for the license, or any notice of address change that
has been received by the license inspector. 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 license inspector or the license inspector's designee
shall cause it to be posted at the principal entrance to the estab-
lishment.
B. Any notice required or permitted to be given to the license inspec-
tor by any person under this chapter shall not be deemed given un-
til and unless it is received in the office of the license inspector.
C. It shall be the duty of each owner who is designated on the license
application and each operator to furnish notice to the license in-
spector in writing of any change of residence or mailing address.
9 -6 -17 [Reserved]
Section 9 -6 -17 as adopted by Ordinance
"Additional
No. 2000.06 ( regulations for adult
motels') was deleted by Ordinance
9 -6 -18 Additional regulations for escort agencies
No. 2000.10
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.
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.
9 -6 -20 Solicitation of gratuity prohibited
Section 9 -6 -20 was rewritten by Ordinance
No. 2000.10
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.
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
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a viewing room of less than 150 square feet of floor space, a film,
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 ap-
plication shall be accompanied by a diagram of the premises show-
ing 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 desig-
nated street or object and should be drawn to a designated scale
or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accu-
racy of plus or minus six inches. The license inspector 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 license inspector or
the license inspector'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
premises.
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 pur-
pose 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 permitted 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 permit-
ted access 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.
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G. No viewing room may be occupied by more than one person at any
time.
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
patron 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.
9 -6 -22 Exterior portions of sexually oriented businesses
A. An owner or operator of a sexually oriented business shall not al-
low 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 al-
low 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 paint-
ing of an otherwise unpainted exterior portion of a sexually ori-
ented business.
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No. 2000.10
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9 -6 -23 Signage
A. Notwithstanding any other provision of the code, it shall be unlaw-
ful for the operator of any sexually oriented business or any other
person 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.
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.
9 -6 -25 Persons younger than eighteen prohibited from entry;
attendant required.
A. An owner or operator of a sexually oriented business shall not al-
low 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 sexu-
ally 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
sexually 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
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presumed that an attendant knew a person was under the age of
18 years unless the attendant asked for and was furnished:
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.
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.
9 -6 -27 Applicability to existing businesses
Section 9 -6 -27 was added by Ordinance
The provisions of this chapter shall apply to the activities of all persons
No. 2000.10
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.
9 -6 -28 Violations, penalty and abatement
section 9 -6 -28 was added by Ordinance
A. It shall be unlawful for a person havin g a duty nder this chapter to
Y
No. 2000.10
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 oper-
ating 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
9 -7 -1 Exemptions
This chapter is not applicable to wholesalers licensed under A.R.S.
§ 4 -209.
9 -7 -2 Fees
Ever person, firm, corporation or other entity applying for a spirituous
Y p p Y a pp Y g p
section 9 -7 -2 was amended by Ordinance -
No. 2009.11 by adding reference to the com
liquor license, under the provisions of A.R.S. § 4 -101 et seq., whether
prehensive fee schedule and deleting the
it be for an original license or transfer of license, shall tender to the
specific spirituous liquor fee amount
town a fee in an amount established by a fee schedule adopted by the
council and amended from time to time. 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.
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CHAPTER 9 -8. CABLE TELEVISION
Chapter 9 -8 was adopted by Ordinance
9 -8 -1 Intent
No. 2002.29. Ordinance No. 2005.22 re-
placed all occurrences of "grantor" in chap -
A. The town, pursuant to applicable federal and state law, is author-
ter 9 -8 with "town. "For prior ordinance his -
ized to grant one or more nonexclusive franchises to construct, op-
tory, see Ordinance Nos. 87.09, 96.09
erate, maintain and reconstruct cable television systems within the
and 2000.06.
town limits.
B. The town council finds that the development of cable television
systems 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 gen-
eral 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
Ordinance No. 2005.22 rewrote the last sen-
best possible cable television service to the public and this finding
tence of paragraph 8
shall be deemed to be included as an integral part of any franchise
issued pursuant to this chapter.
9 -8 -2 Definitions
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the following meanings:
Ordinance No. 2005.22 rewrote the introduc-
tory paragraph of section 9 -8 -2 to delete
A. "Basic cable service" means any service tier which includes the re-
repetitious rules of construction (see chap -
transmission of local television broadcast signals.
ter 1 -3) and stylistic rules inconsistent with
Ordinance No. 2005.22, and deleted repeti-
B. "Cable Act" means the Cable Communications Policy Act of 1984,
tious definitions (see section 1 -3 -2)
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 fa-
cility, consisting of a set of closed transmission paths and associ-
ated signal generation, reception, and control equipment that is
designed to provide cable service which includes video program-
ming and which is provided to multiple subscribers within a com-
munity, 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
facility whether on a common carrier basis or otherwise is used
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in the transmission of video programming directly to subscrib-
ers; or
4. Any facilities of any electric utility used solely for operating its
electric utility system.
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, Ordinance No. 2005.22 rewrote paragraph G
license, 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
cable 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
operators or their services but not including a tax, fee, or as-
sessment which is unduly discriminatory against cable opera-
tors or cable subscribers);
2. Capital costs that are required by the franchise agreement to
be incurred by the cable operator for public, educational, or
Governmental Access Facilities;
3. Requirements or charges incidental to the awarding or enforc-
ing of the franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification, penalties, or
liquidated 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
cable 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.
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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.
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,
natural 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 limited to, special promotions, pay - per -view events, regular
peak or seasonal demand periods, and maintenance or upgrade of
the system.
P. "PEG access facilities" means public, educational or government
access facilities; that is:
1. Channel capacity designated for public, educational, or gov-
ernmental 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
constituted, 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
subscribe 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 au-
thorized to receive cable service without charge as described in the
franchise agreement.
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 connec-
tion with the operation of a cable system in, on, over, under, upon,
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along and across streets or other public places within the desig-
nated service area.
C. To maintain and operate the franchise properties for the origina-
tion, reception, transmission, amplification, and distribution of tele-
vision 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.
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.
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 ap-
plication by the grantee pursuant to the provisions of applicable
state and federal law and of this chapter.
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.
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 fran-
chises 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.
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F. This chapter and any franchise granted pursuant to this chapter
shall be construed and enforced in accordance with the substan-
tive laws of the state.
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-
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 obliga-
tions 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 provision 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 hy-
pothecation, in whole or in part, to secure an indebtedness, or for a
pro forma transfer to a corporation, partnership or other entity con-
trolling, controlled 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 part-
nership, 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, mem-
bership 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 trans-
fer ownership in a franchise and /or cable system, without the prior
consent of the council which consent shall not be unreasonable
denied or delayed and shall be denied only upon a good faith find-
ing by the town that the proposed transferee lacks the legal techni-
cal or financial qualifications to perform its obligations under the
franchise agreement following either the acquisition or initial con-
struction 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 parties, the transfer shall be considered a part of the initial
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Ordinance No. 2005.22 rewrote and desig-
nated this paragraph as "C" and re- numbered
the following paragraphs to conform
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Title 9. Business Regulations
transaction. No consent from the town shall be required for the fol-
lowing:
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
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 re-
quired 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 pro-
visions 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 op-
erate and maintain the system and comply with all franchise re-
quirements for the remainder of the term of the franchise. If, after
considering the legal, financial, and technical qualities of the appli-
cant and determining that they are satisfactory, the town finds that
the transfer is acceptable, the town shall transfer and assign the
rights and obligations 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 opera-
tion 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 oper-
ate the cable television system, if a grantee defaults in its financial
obligations. The financial institution shall also submit a plan for the
operation within 30 days of assuming control that will insure con-
tinued service and compliance with all franchise requirements dur-
ing the term the financial institution exercises control over the sys-
tem. The financial institution shall not exercise control over the sys-
tem for a period exceeding one year unless extended by the town
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in its discretion and during that period of time it shall have the right
to petition the town to transfer the franchise to another grantee.
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 sys-
tems' fair market value as a going concern, exclusive of any value
allocated to the franchise itself, that portion of grantee's cable sys-
tem 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.
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
conditions.
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.
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 multi-
ple 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 resi-
dents' property, and the disruption arising from numerous ex-
cavations of the rights -of -way.
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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.
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 -19D.
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 can-
not 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
require the new grantee to provide service throughout its service
area within a reasonable time and in a sequence which does not
discriminate against lower income residents.
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 ap-
plicable:
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 appli-
cant.
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F. A current financial statement of applicant verified by a certified
public 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.
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.
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 condi-
tions. The council may grant one or more initial franchises, or may
decline to grant any franchise.
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.
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
access 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 un-
der normal operating conditions, measured on a quarterly ba-
sis.
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3. The grantee will not be required to acquire equipment or per-
form surveys to measure compliance with the telephone an-
swering standards above unless an historical record of com-
plaints indicates 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 conven-
iently 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
those that are located up to 125 feet from the existing distribu-
tion 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 prob-
lems 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 sched-
uled 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;
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v. Channel positions for programming carried on the sys-
tem; 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, pro-
gramming services or channel positions as soon as possi-
ble 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 no-
tify subscribers 30 days in advance of any significant
changes in the other information 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. Bills will also clearly delineate all activity during
the billing period, including optional charges, rebates and
credits.
b. In case of a billing dispute, the grantee must respond to a
written 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
request or 30 days, whichever is earlier, or
b. The return of the equipment supplied by the grantee if ser-
vice 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.
9 -8 -17 Rate regulation
A. The town reserves the right to regulate rates for basic cable ser-
vice and any other services offered over the cable system, to the
extent permitted by federal or state law. The grantee shall be sub-
ject 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 follow the rules relating to cable rate regulation promul-
gated 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.
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.
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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 offi-
cer of the grantee or audited by a certified public accountant, re-
flecting the total amounts of gross annual revenues and all pay-
ments, and computations for the previous calendar year. Upon ten
days prior written notice, the town shall have the right to conduct
an independent 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
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.
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 Paragraph 8 was rewritten b Ordinance
distribution facilities underground in those areas of the town where 5 y
. . . . . ... . ... .
No. 2005.22
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
maintain 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
easements:
1. The developer shall be responsible for contacting and survey-
ing all franchised cable operators to ascertain which operators
desire (or, pursuant to the terms and provisions of this chapter
and any franchise agreement, may be required) to provide ca-
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ble service to that development. The developer may establish a
reasonable 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 nondiscrimi-
natory shared basis. If fewer than two operators indicate inter-
est, the developer shall provide conduit to accommodate two
sets of cable television cables and dedicate to the town any ini-
tially unoccupied conduit. The developer shall be entitled to re-
cover 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 be-
ginning Installation to complete Installation.
4. The final development map shall not be approved until the de-
veloper 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 con-
ditions; 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
developer 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 opportunity 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,
alternative 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
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do so by the town to allow the town to change, maintain, repair,
improve 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.
9 -8 -20 Technical standards
A. The grantee shall construct, install, operate and maintain its sys-
tem in a manner consistent with all applicable laws, ordinances,
construction 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.
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 oper-
ated in accordance with good engineering practices, performed by
experienced maintenance and construction personnel so as not to
endanger or interfere with improvements that the town may deem
appropriate 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.
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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.
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.
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, ac-
tions, liability, demands, damages, disability, losses, expenses, in-
cluding reasonable attorneys' fees and costs or liabilities of any na-
ture that 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 carry-
ing on grantee's business or operations in the town or in exercising
or failing 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
chapter or any franchise agreement, but shall not include any claim
or action arising out of the actions or omissions of town officers,
employees or agents or related to any town programming or other
PEG access facilities programming for which the grantee is not le-
gally 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.
9 -8 -24 Insurance
Grantee shall provide insurance as specified in the franchise agree-
ment.
9 -8 -25 Records required and the town's right to inspect
A. Grantee shall at all times maintain:
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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 reasona-
bly 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
responsibilities under local, state and federal law, this chapter and
the franchise agreement. Records include all books, records,
maps, plans, financial statements, service complaint logs, perform-
ance test results, records of request for service, and other like ma-
terials of grantee. Grantee shall have the right to be present at the
examination.
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
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 pursu-
ant 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 re-
quest.
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 follow-
ing information
1. A summary of the previous year's (or in the case of the initial
reporting year, the initial year's) activities in development of the
cable system, including but not limited to, services begun or
discontinued 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.
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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
conduct 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 inspec-
tion 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.
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-
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
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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 de-
termination to an appropriate court, which shall have the power to
review the decision of the town and to modify or reverse the deci-
sion 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.
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-
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.
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 fa-
cility or equipment laid, directly constructed, operated or main-
tained under the franchise. Unless permission is granted or unless
otherwise provided in this chapter, the grantee shall remove all
abandoned above - ground facilities and equipment upon receipt of
written notice from the town and shall restore any affected street to
its former state at the time the facilities and equipment were in-
stalled, 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 tele-
phone 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
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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 compliance 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
chapter, 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 sys-
tem from all streets and public ways within the town within a rea-
sonable period of time, which shall not be less than 180 days.
E. 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.
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
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.
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 re-
ceiver 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 pro-
vided 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
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agree to be bound by each and every term, provision and limi-
tation 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.
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
hardship on the grantee or the subscribers. To be effective, the
waiver shall be evidenced by a statement in writing signed by a
duly authorized representative of the town. Waiver of any provision
in one instance shall not be deemed a waiver of that provision sub-
sequent to that instance or be deemed a waiver of any other provi-
sion of the franchise unless the statement so recites.
9 -8 -33 Rights of individuals
A. Grantee shall not deny service, deny access, or otherwise dis-
criminate 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 ser-
vice 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, relating 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
purpose except routine maintenance of the system, detection of
unauthorized service, polling with audience participating, or audi-
ence 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 -
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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
equipment 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 ease-
ment including a public utility easement or a servitude to another
and the servitude by its terms contemplates a use such as
grantee's intended use, grantee shall not be required to obtain the
written permission of the owner for the Installation of cable televi-
sion equipment.
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.
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,
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
9 -9 -1 Penalties generally, miscellaneous provisions
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.
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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.
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 -313 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 -5 is guilty of a class 1
A cross - reference in paragraph 8 to a deleted
misdemeanor.
chapter was corrected on July 12, 2010 by
the town attorney as a scrivener's error under
C. A person who knowingly conducts, maintains, owns, manages
the authority of section 1 -4 -5
and /or operates any qualified establishment as defined in chapter
9 -5 where any person is in violation of any provision of chapter 9 -5
is guilty of a class 1 misdemeanor.
CHAPTER 9 -10. SURFACE MINING AND LAND RECLAMATION
Chapter 9 -10 was added by Ordinance
No. 2002.08
9 -10 -1 Purpose and intent
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 condi-
tion 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, water-
shed, wildlife, range and forage, and aesthetic enjoyment.
C. Residual hazards to public health and safety are eliminated.
9 -10 -2 Definitions
For the purposes of this chapter the following definitions shall apply:
A. "Financial assurance amount" means that amount of money nec-
essary to conduct a complete reclamation on the mined lands in
accordance with the approved reclamation plan, plus a reasonable
estimate of the administrative costs and expenses which would be
incurred 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.
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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 opera-
tion is resumed or the mine is fully reclaimed in accordance with
the approved 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
operations himself, or who contracts with others to conduct opera-
tions on his behalf, except a person who is engaged in surface
mining operations as an employee with wages as his sole com-
pensation.
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
approved reclamation plan.
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 back -
filling, grading, resoiling, revegetation, soil compaction, stabiliza-
tion, restoration of water bodies, and slope stability or other meas-
ures.
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
reclamation activities required, criteria for measuring completion of
activities and estimated costs for each phase of reclamation.
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N. "Sand and gravel operation" means any operation the principal
product of which is sand, gravel, pumice or any other common va-
riety 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,
dredging, 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 stockpil-
ing of mined materials (and recovery of same).
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 resto-
ration of land following a flood or natural disaster or other activi-
ties separately regulated by town ordinances.
2. Reclamation of lands mined prior to February 5, 2002, unless
subject to approved development agreements and zoning con-
ditions enacted or agreed to after February 5, 2002.
3. Surface mining operations that are required by federal law to
protect a mining claim, if those operations are conducted solely
for that purpose.
4. Prospecting for, or the extraction of, minerals for commercial
purpose and the removal of overburden in total amounts of less
than one thousand cubic yards in any one location of one acre
or less.
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 ap-
proval of a permit to mine, submit a reclamation plan, and have fi-
nancial assurances in place sufficient to implement the approved
plan. Approval to mine and approval of the reclamation plan, in ac-
cordance with the provisions set forth in this chapter, shall be ob-
tained from the Marana development services director.
B. The reclamation plan shall be applicable to a specific piece of
property or properties, shall be based upon the character of the
surrounding area and such characteristics of the property as type
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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 ap-
proved reclamation plan, including topography, revegetation, sedi-
ment and erosion control, and current and proposed zoning. The
reclamation plan shall include a certification by the operator that all
public agencies having possible jurisdiction over the surface mining
activity, including but not limited to county, state and federal agen-
cies, have reviewed and approved the plan, and that all necessary
permits have been obtained.
C. Reclamation plans issued pursuant to this chapter shall be re-
corded 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
phasing schedule shall be required for each parcel.
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.
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.
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
financial assurances mechanisms.
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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 recla-
Ordinance No. 2005.22 inserted "town engi-
"development
mation for the intended future use as approved b the town en i-
pp y g
Weer" for services director" in
paragraph E
neer. Approval of the amount of financial assurances will be sub-
ject 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 ap-
proved 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
release 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 ad-
justed, if required, pursuant to section 9- 10 -10.
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-
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.
9 -10 -9 Procedures
Ordinance No. 2005.22 inserted "town engi-
Once all required and approved documents and other related materials
neer" for "development services director" in
and requirements are submitted and approved as required under this
section 9 -10 -9
chapter, including the submittal of the financial assurances in the
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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.
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, recla-
mation 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
Ordinance No. 2005.22 inserted "town en i-
g
results of the inspection. This report shall be filed with the town en-
neer" for "development services director" in
gineer.
paragraph E
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-
neer" for "development services director" in
for shall submit an interim management plan. The interim management
section 9-10-11
plan shall be developed in accordance with this chapter. Interim man-
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.
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
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.
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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
notice to the operator stating the nature of the violation and the
specified time frame to correct the violation before an order is is-
sued.
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
Ordinance No. 2005.22 inserted "town engi-
"development
the date of the order, a hearing hall be held b the town e
g y g
Weer" for services director" in
paragraph C
or 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
gravity 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
manager within 30 days. The town manager shall notify the opera-
tor by personal service or certified mail whether it will review the
order setting administrative penalties. If after hearing, the town
manager affirms the order, the operator shall pay the administra-
tive 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-
"town
manager, town manager, or a designated
neer, the assistant town mans g g g
Ordinance No. 2005.22 inserted engi-
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.
9 -10 -14 Application fees
No application shall be accepted unless it is in full compliance with all
requirements of this chapter, and accompanied by the fee specified in
section 9 -10 -6. No part of any required fee shall be returnable, and
every such fee shall be deposited with the town.
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CHAPTER 9 -11. SALE OF PRODUCTS CONTAINING
PSEUDOEPHEDRINE
9 -11 -1 Definitions
A. In this chapter:
1. " Pseudoephedrine product" means any product containing
ephedrine or pseudoephedrine and includes any compound,
mixture 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 ac-
tive 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.
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.
9 -11 -3 Penalty
A violation of this chapter is a class 1 misdemeanor.
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Chapter 9 -11 was added by Ordinance
No. 2006.01, effective 2117106
7/12/2010
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 ..........10 -1
REMOVAL OF LITTER ......................................................... ...........................10 -3
SEWAGESLUDGE ............................................................... ...........................10 -6
TRAVEL REDUCTION CODE ............................................... ...........................10 -6
FIREWORKS PERMITS ....................................................... ..........................10 -12
SPECIAL EVENTS PERMIT ................................................ ..........................10 -14
PENALTIES .......................................................................... ..........................10 -18
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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
10 -1 -1 Definitions
Section 10 -1 -1 was adopted by Ordinance
No. 2002.06. See Ordinance No. 96.15 for
A. "Aggregate material" means any rock fragments, pebbles, sand,
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 es-
cape, regardless of the degree to which the container is filled.
C. "Enclosed cargo area" means a part of a vehicle designed for car-
rying 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 mate-
rials 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 de-
bris which constitutes a hazard to public health and safety. "Gar-
bage or refuse" includes, but is not limited to, all putrescible and
nonputrescible solid wastes including garbage, trash, ashes, street
cleanings, 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.
10 -1 -2 Transportation of garbage or aggregate material
section 10 -1 -2 was adopted by Ordinance
No. 2002.06
A. It shall be illegal to transport garbage, refuse, aggregate or like ma-
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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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
No. 2002.30
town limits unless the vehicle is so constructed or loaded as to
prevent any of its load from dropping, shifting, leaking, or otherwise
escaping from it, except that sand may be dropped for the purpose
of securing 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 dis-
abled.
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 vehi-
cle 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 side -
wall 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
surface.
F.
Vehicles with cargo areas comprised of full rigid enclosures are
exempt from the requirements of subsection E of this section.
10 -1 -3 Illegal dumping
The original source of section 10 -1 -3 is unclear.
It was readopted as part of the reformatted
A.
A person who dumps, deposits, places, throws or leaves refuse,
town code by Ordinance 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 air-
ports, and rights -of -way within the town limits, including public
parks, informing the public that it is unlawful to commit the acts
prohibited by this section.
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C. No person shall throw or deposit litter on any public place or pri-
vate premises within the town, whether owned by that 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.
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 compli-
ance 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
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 unsani-
tary matter 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
temporarily or continuously uninhabited or vacant, and shall in-
clude any yard, grounds, walk, driveway, porch, steps or vesti-
bules belonging or appurtenant to the dwelling, house, building
or other structure.
3. "Public place" means any and all streets, sidewalks, boule-
vards, alleys or other public ways, and any and all public parks,
squares, spaces, grounds and buildings.
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
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Title 10. Health and Sanitation e
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.
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.
10 -2 -4 Procedure to compel removal of litter
The Town Attorney made a scrivener's error
The town manager shall enforce the provisions of sections 10 -2 -2 and 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 rovisions of this code. If prosecution fails to secure compliance tion 10 -4 -2.
p p p
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.
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.
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.
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-
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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.
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.
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.
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Title 10. Health and Sanitation
CHAPTER 10 -3. SEWAGE SLUDGE
See Ordinance Nos. 83.04 and 85.06 for prior
10 -3 -1 Residential areas history of sewage sludge regulations
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
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.
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.
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.
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.
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 See Ordinance No. 88.06 for prior history of
travel reduction regulations
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
MARANA TOWN CODE 10 -6 711212010
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Title 10. Health and Sanitation e
achieve a uniform program for reduction of work related trips by em-
ployees working for major employers subject to this regulation.
10 -4 -2 Definitions
A. The following definitions shall apply unless the context clearly indi-
cates otherwise.
1. "Airshed" means that area delineated with
a black "planning area" line on the map
entitled "Eastern Pima County Tucson Air
Planning 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
section 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.
Eastern Pima Count Tucso n Air Planning Area
PlICA HO 7SP Area pP.r 40 CFR Ch 1 81_303 (July 1, 1994)
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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 dur-
ing 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
(carpool or vanpool), transit, bicycle, and walking.
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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.
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
assistance 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
association 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
predetermined level of travel reduction though various incen-
tives 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 mo-
tor vehicle including the driver.
25. "Vehicle miles traveled" (VMT) means the number of miles
traveled 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 par-
cels of land or on parcels separated solely by private or public
roadways 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
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5. VMT - vehicle miles traveled
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
object to the plan; otherwise the plan is automatically approved.
Any objection shall be based upon the criteria set forth in section
10 -4 -5. If the lead agency objects, the plan is not approved and
shall be returned 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.
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 eli-
gible for participation in all programs and services. Groups of em-
ployers are encouraged to form transportation management asso-
ciations.
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 sec-
tion shall be measured as follows:
1. The baseline for participation in alternative modes of transpor-
tation 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 TRP task force. TRP staff will assist in
preparing the plan. Major employers shall submit plans within nine
weeks after they receive survey data results. The Plan shall con-
tain the following elements.
1. The name of the designated transportation coordinator.
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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.
b. Provision of vans for vanpooling.
c. Subsidized carpooling or vanpooling which may include
payment for fuel, insurance or parking.
d. Use of company vehicles for carpooling.
e. Provision of preferential parking for carpool or vanpool us-
ers which may include close in parking or covered parking
facilities.
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 em-
ployees 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 adjust-
ments 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
employees 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
commute trips such as the provision of day care facilities or
emergency taxi services.
D. An approvable travel reduction plan shall meet all of the following
criteria:
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1. The plan shall designate a transportation coordinator.
2. The plan shall describe a mechanism for regular distribution of
alternate mode transportation information to employees.
3. For employers who in any year, meet or exceed annual re-
gional targets for travel reduction, the plan shall accurately and
completely 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 im-
plement:
a. At least two specific travel reduction measures (such as
those described in section 10- 4 -5C.3 of this chapter) in the Ordinance No. 2005.22 corrected the cross -
p ) reference in subparagraphs (D) (4) (a) and (b)
first year of the regional program.
b. At least three specific alternate modes incentives programs
(such as those described in section 10- 4 -5C.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 consid-
ered necessary by the task force to attain the following target em-
ployee participation in alternate modes or commuter trip VMT Re-
ductions 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 re-
gional 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.
10 -4 -6 Variance and appeals
A. Variances
1. The TRP task force shall serve as a hearing board for major
employers requesting variances from all or part of TRP ordi-
nance requirements and /or travel reduction plan scheduling.
2. Any major employer wishing a variance form any of the re-
quirements of this title shall make written application to the TRP
task force which will determine whether to recommend the
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variance. The recommendation will be forwarded within forty -
five days to lead Agency which will or will not authorize the
variance. Request for variances shall be finally approved or
disapproved within 90 days of the filing of a request by an em-
ployer.
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 deci-
sion is to disapprove the plan, the plan shall be returned to the
TRP task force for review and revision or to the lead agency for
appropriate action.
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 -5E and F shall not constitute a violation pro-
vided that the major employer is attempting in good faith to meet
the goals.
CHAPTER 10 -5. FIREWORKS PERMITS
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.
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
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Ordinance No. 2005.22 corrected the cross -
references in paragraph C
See Ordinance No. 89.29 for prior history of
fireworks regulations
7/12/2010
Title 10. Health and Sanitation
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.
10 -5 -3 Permit fee
All applications for fireworks permits must include a non - refundable
permit fee in an amount established by a fee schedule adopted by the
council and amended from time to time to cover the cost of investigat-
ing the application and processing of permits. This fee may be waived
in the sole discretion of the town clerk for non profit corporations
whose principal place of business is located within the town.
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 ap-
plicant.
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 fire-
works 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
public 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
public display.
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.
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.
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Section 10 -5 -3 was amended by Ordinance
No. 2009.11 by adding reference to the com-
prehensive fee schedule and deleting the
specific fireworks permit fee amount
7/12/2010
Title 10. Health and Sanitation
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
Chapter 10 -6 was added by Ordinance
No. 2007.18. Former Chapter 10 -6 ( "Smok-
10 -6 -1 Purpose; definitions
ing') was added by Ordinance No. 2006.04
and repealed by Ordinance No. 2007.04. The
A. The purpose of this chapter is to establish a process for permitting
repeal was effective on the effective date of
and regulating certain temporary activities conducted on public
the Smoke -free Arizona initiative, which was
property private property when public p otentially
p ro p y or p p p y en p c safety is p en y im-
approved by the voters at the 2006 Arizona
general election and became effective May 1,
pacted. This chapter is adopted pursuant to the authority of A.R.S.
2007.
§ 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.
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 out-
side 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
defined below) is anticipated; or
ii. Ordinary and customary events at a venue designed to
accommodate them.
2. "Major event" means a special event where:
a. Extra -duty law enforcement officers or other security ser-
vices are used; and
b. Temporary traffic control is used.
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3. "Spillover" occurs when participants of, or spectators to, a spe-
cial event congregate on, park, or move to any property or right
of way not associated with the event venue.
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.
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:
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 con-
ducted, operated or carried on.
3. A description of the event, including activities, anticipated at-
tendance, 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, partici-
pants and other persons intended, calculated or expected to at-
tend the event for each day it is conducted.
6. A site map or sketch showing the location of the property in re-
lation to surrounding properties, the area to be used, the ac-
cess to the property and the location of any proposed facilities,
parking areas, vending areas, stages and other principal fea-
tures 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.
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10 -6 -4 Conditions
A. Noise Standards. It shall be unlawful for any person, entity or op-
eration at any special event to create any amplified noise, or to al-
low 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, sec-
tion 11 -5 -3D.
B. Sanitation.
1. The applicant shall provide and maintain toilet and hand wash-
ing facilities that are adequate for the anticipated maximum at-
tendance 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 prac-
tices.
C. Security. The applicant may be required, at the applicant's ex-
pense, to provide security services, and /or extra -duty law enforce-
ment officers for event security, as determined by the chief of po-
lice. In making the determination of the need for security services,
the chief of police shall consider the event nature, anticipated at-
tendance, access 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
compliance with the title 18 of the land development code: outdoor
lighting.
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.
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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
expected 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
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.
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
pursuant to this subchapter;
2. That the proposed event is intended to be conducted in a man-
ner or location not meeting the health, zoning, fire or safety
standards established by rules or regulations of the town, the
laws of the state of Arizona or rules and regulations adopted by
any of its agencies;
3. That the applicant has knowingly made any false, misleading or
fraudulent statement of material fact in the application for per-
mit or in any other document required pursuant to this section;
4. That the applicant, his or her employee, agent or any person
associated 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
obscene production, motion picture or play, or of selling ob-
scene matter;
b. Involving lewd conduct;
c. Involving the use of force and violence upon the person of
another;
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Title 10. Health and Sanitation e
d. Involving misconduct with children; or
e. An offense against the provisions of Arizona law respecting
narcotics and dangerous drugs, or of any equivalent of-
fense under the law of any other state which if committed in
Arizona would have been a violation of the Arizona statu-
tory provisions.
5. That the scheduled date of the event conflicts with other previ-
ously scheduled events such that it will result in an undue im-
pact on the town's resources and staff.
B. Where the application is denied, the town clerk shall mail to the
applicant 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
applicant may present evidence in support of the application.
10 -6 -6 Waivers
At the discretion of the town manager, or designee, application submit-
tal requirements or permit conditions may be waived.
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
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.
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.
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.
MARANA To wN CODE 10 -18
{00021360. DOC I}
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
7/12/2010
Title 10. Health and Sanitation e
10 -7 -4 Illegal dumping
A violation of any provision of section 10 -1 -3 shall be a class 3 misde-
meanor.
10 -7 -5 [Reserved]
MARANA TOWN CODE
{00021360. DOC I}
10 -19
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.
7/12/2010
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.
CHAPTER 11 -10.
DRIVING OR PARKING ON PROPERTY OF ANOTHER .... ...........................11 -1
DRUG PARAPHERNALIA .................................................... ...........................11 -1
GRAFFITI ............................................................................... ...........................11 -2
MINORS; LOITERING AND CURFEW ................................. ...........................11 -4
NOISE .................................................................................... ...........................11 -7
PUBLIC URINATION OR DEFECATION ............................. ..........................11 -13
STORAGE OF INOPERABLE OR UNLICENSED VEHICLES .....................11 -13
UNATTENDED CHILD IN MOTOR VEHICLE; CLASSIFICATION; PENALTY11 -14
PENALTIES .......................................................................... ..........................11 -14
UNRULY RESIDENTIAL ACTIVITIES ................................. ..........................11 -15
{00021360. DOC I}
Title 11. Offenses
TITLE 11. OFFENSES
CHAPTER 11 -1. DRIVING OR PARKING ON PROPERTY OF
ANOTHER
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.
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
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.
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.
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.
MARANA TOWN CODE 11 -1
{00021360. DOC I}
Title 11 was adopted by Ordinance No. 96.16
7/12/2010
Title 11. Offenses
CHAPTER 11 -3. GRAFFITI
11 -3 -1 Definitions
A. In this section, the following words and phrases shall be construed
as defined in this section unless in context it appears that a differ-
ent meaning is intended:
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.
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,
structures, 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 neighbor-
hood deterioration, provides a communication system for gangs
and other vandals, damages property, constitutes a public nui-
sance, 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.
11 -3 -3 Graffiti prohibited; abatement procedures; penalty
A. It shall be unlawful for any person owning or otherwise being in
control of any real property within the town to maintain, permit or
allow graffiti to remain on any building, fence, structure or other-
wise on the property where the graffiti is visible from the street or
other public 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
MARANA TOWN CODE
{00021360. DOC I}
11 -2
Chapter 11 -3 was adopted by Ordinance
No. 98.21, which renumbered the later chap-
ters of title 11 to conform
Ordinance No. 2005.22 deleted a redundant
definition of "person" (see section 1 -3 -2)
7/12/2010
Title 11. Offenses
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.
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 relation-
ship 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:
1. 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
under the age of 18 years will be punished as provided for in ti-
tle 8 of the Arizona revised statutes.
2. A person convicted of violating subsection B or C shall be pun-
ished by a term of not less than 24 hours in jail, a fine not less
than $100 dollars and 40 hours of community service involving
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.
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Title 11. Offenses
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.
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 con-
tainers 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 in-
fraction. No magistrate, special magistrate or limited special magis-
trate 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
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
parentis to a juvenile.
MARANA TOWN CODE 11 -4
{00021360. DOC I}
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.
7/12/2010
Title 11. Offenses
3. "Emergency" means an unforeseen combination of circum-
stances 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 im-
mediate action to prevent serious bodily injury or loss of life.
4. "Establishment" is defined as any privately owned place of
business operated for a profit to which the public is invited, in-
cluding but not limited to any place of amusement or entertain-
ment.
5. "Guardian" means a person who, under court order, is the
guardian 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
guardianship of the person of a juvenile; or a person at least
21 years 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.
11 -4 -2 Offenses
A. A minor commits an offense
place or on the premises of
away from the property whe
hours.
if the minor remains in any public
any establishment within the town,
e the minor resides, during curfew
B. A parent, guardian or person having responsibility of a minor com-
mits an offense if the parent, guardian or person having responsi-
bility for the minor knowingly permits, or by insufficient control al-
lows, 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 de-
MARANA TOWN CODE
{00021360. DOC I}
11 -5
7/12/2010
Title 11. Offenses
fense that the parent, guardian or other person having responsibil-
ity for the minor did not have actual knowledge that the minor was
violating the provisions of this chapter if the parent, guardian or
other person having responsibility for the minor, in the exercise of
reasonable 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,
guardian 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 com-
mits an offense if the owner, operator, or any employee of the es-
tablishment knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
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 par-
ent 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 de-
tour 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 presence;
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
minor, 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 or-
ganization, or another similar entity that takes responsibility for
the minor;
8. With permission of the parent or guardian the minor was exer-
cising First Amendment rights protected by the United States
Constitution, such as free exercise of religion, freedom of
speech, and the right of assembly; or
MARANA TOWN CODE 11 -6
{00021360. DOC I}
7/12/2010
Title 11. Offenses
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 -2D 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.
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.
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
11 -5 -1 Unlawful activities
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 per-
son and is no less a nuisance because the extent of the annoy-
ance inflicted 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.
11 -5 -2 False alarms
A. It shall be unlawful to allow or cause a false alarm within the town.
A violation of this section shall be punishable as provided in sec-
tion 11 -9 -2 below.
B. In this chapter, unless the context otherwise requires:
1. "Alarm" means any mechanical or electrical device or assembly
of equipment designed or arranged to signal the occurrence of
an illegal entry or other activity requiring urgent attention and to
MARANA TOWN CODE 11 -7
{00021360. DOC I}
Chapter 11 -5 was renumbered by Ordinance
No. 98.21
The cross reference in 11 -5 -2, paragraph A
was revised by the town attorney as a scriv-
ener's error, pursuant to the authority granted
by Town Code section 1 -4 -5.
7/12/2010
Title 11. Offenses
which the police are expected to respond, or designed or ar-
ranged to signal the occurrence of a fire or excessive smoke
requiring urgent attention and to which a fire department is ex-
pected to respond.
2. "Alarm company" means any firm, person, partnership, corpo-
ration or entity which has servicing, maintenance or monitoring
duties or responsibilities under the terms of any agreement or
arrangement 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
signal is caused by the inadvertence, negligence or intentional
act or omission of an alarm company or alarm user or a mal-
function of the alarm.
C. The following shall not be considered false alarms:
1. Alarms caused by the testing, repair or malfunction of tele-
phone 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
visible evidence.
4. Alarms caused by the testing, repair or malfunction of electrical
utility equipment or lines.
11 -5 -3 Noise standards in the resort and recreation zone
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 sat-
isfaction, 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 (RR) zoning
designation, it is the policy of the town to maintain the standards
identified in this section to protect the public health, safety and
general 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.
MARANA TOWN CODE 11 -8
{00021360. DOC I}
Section 11 -5 -3 was adopted by Ordinance
No. 2002.12
7/12/2010
Title 11. Offenses
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 loca-
tion, excluding 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 decay.
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.
6. Sound level meter. A sound level meter shall mean an instru-
ment meeting at a minimum the American National Standards
Institute's Types 1 or 2 Standards, or an instrument and the as-
sociated 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 sec-
tion is for amplified noise, which may be intrusive to a neighboring
residential 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 opera-
tion at any location within the RR zone of the town to create any
amplified noise, or to allow the creation of any amplified noise on
property owned, leased, occupied or otherwise controlled by the
person, which causes the noise level when measured at the prop-
erty line to exceed the noise standards found in table 1, and these
amplified noise standards are hereby established and declared to
be reasonable 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.
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Title 11. Offenses
3. Activities conducted on public parks, public playgrounds and
public or private school grounds including school athletic and
entertainment 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 prop-
erty, 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-
tained in calibration and in good working order. The measurement
location is at the property line between the RR 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 manu-
facturer's instructions specifically indicate otherwise.
2. Meter setting. The meter shall be set for the A weighted net-
work 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
immediate surrounding surface.
5. Windscreens shall be used whenever appropriate.
H. To implement and enforce this section effectively, the chief of po-
lice shall, within a reasonable time after the effective date of this
section, develop and promulgate standards and procedures for
testing and validating sound level meters used in enforcement of
this section.
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-
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{00021360. DOC I}
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Title 11. Offenses
ture noise levels and recommend mitigation measures to be
implemented in project development. A registered noise engi-
neer 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 RR
zoning district. 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 pro-
jected 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. Mitiga-
tion measures may consist of walls, berms, setbacks, land-
scaping, building materials, construction methods and any
other means whereby noise can be reduced to the levels within
this section.
K. Enforcement.
1. It shall be unlawful for any person in the RR zoning district,
within the town, to create any exterior noise, or to allow the
creation of any noise on property owned, leased, occupied or
otherwise controlled by the person, which causes the noise
level when measured according to this section, to exceed the
maximum 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 vio-
lation. Each violation of the order of a law enforcement agent
under this subsection shall constitute a separate offense of this
section.
4. The operation or maintenance of any device, instrument, or
machinery 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 respon-
sible of a separate offense for each and every day during any
portion 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 stan-
dards is required of every use and the provisions for enforce-
ment of continued compliance with performance standards
shall be invoked by the police and planning departments
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{00021360. DOC I}
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7/12/2010
Title 11. Offenses
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 in-
vestigate any purported violation of noise standards and, if
there is reasonable ground for same, shall commence proceed-
ings to abate the violation. The town, to assist in the abatement
proceedings, 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
commencing 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-
tions of this section, shall use the same procedures used for adju-
dicating civil traffic offenses.
11 -5 -4 Construction noise
A. It shall be unlawful to allow or cause site construction activities that
result in disturbance to persons residing within 500 feet of the site
between the hours of 7:00 p.m. and 6:00 a.m. on weekdays and
between 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, in-
terference 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 regard-
less 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.
MARANA TOWN CODE 11 -12
{00021360. DOC I}
Section 11 -5 -4 was adopted by Ordinance
No. 2002.14, which originally adopted it as
section 11 -5 -3 but was renumbered to con-
form to Ordinance No. 2002.12
7/12/2010
Title 11. Offenses
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.
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
The town attorney made a scrivener's error
chapter 11 -9 Penalties. Violation of this provision will be a class 1
correction to the chapter 11 -9 cross - reference
misdemeanor and will be issued by the Marana police department
in paragraph 1 pursuant to the authority in
section 1 4 5 (8) (4)
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
11 -7 -1 Unlawful activities
A. Where any inoperable or unlicensed motor vehicle or major com-
ponent 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 inop-
MARANA TOWN CODE 11 -13 711212010
{00021360. DOC I}
Title 11. Offenses
erable 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
considered as a separate offense, and each such vehicle or com-
ponent 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.
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.
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.
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.
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
Nos. 2009.04 and 98.21
11 -9 -1 General
Any violation of this title other than section 11 -5 -2 shall be a class 1
misdemeanor.
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;
MARANA TOWN CODE 11 -14 711212010
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Title 11. Offenses
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 com-
pany;
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
company to properly service, maintain or monitor any alarm within
the town.
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.
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.
CHAPTER 11 -10. UNRULY RESIDENTIAL ACTIVITIES
11 -10 -1 Unruly residential activities unlawful
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.
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,
occupant or tenant of the premises where the unruly activity oc-
curred, or any sponsor of the event constituting the unruly activity.
For purposes 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-
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Title 11. Offenses
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.
D. An owner, occupant, or tenant of the posted premises may contest
the posting of the notice by filing a written application for a hearing
with the Marana municipal court requesting that the court deter-
mine whether justification existed for posting of the notice under
the provisions of this chapter. The application shall be filed within
ten days after the posting of the notice or, if the notice is given by
mail, within ten days after mailing of the notice, and not thereafter.
The court shall set a time and date for a hearing to be held no later
than 15 days after receipt of the written application for a hearing
and shall notify both the applicant and the town's prosecutor of the
hearing date. At the hearing, the town shall prove by a preponder-
ance of evidence that the posting of the notice was justified pursu-
ant 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 other-
wise regulate the occupancy or use of the property.
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.
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 infrac-
tion. The following parties, if found responsible for the infraction,
shall be liable for the penalties provided in section 11 -10 -5.
1. The owner of the property where the unruly residential activity
occurred, provided that notification of posting was mailed to the
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The cross - reference in section 11 -10 -4 para-
graphs A and A.1 were corrected on May 17,
2010 by the town attorney as a scrivener's er-
ror under the authority of section 1 -4 -5
7/12/2010
Title 11. Offenses
owner of the property as provided in section 11 -10 -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 un-
ruly 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 per-
sons who are in attendance without the express or implied consent
of the owner, occupant, tenant, or sponsor, as long as the owner,
occupant, tenant or sponsor has taken all steps reasonably neces-
sary to exclude the uninvited persons from the premises, including
owners who are actively attempting to evict a tenant from the
premises. Where an invited person engages in unlawful conduct
which the owner, occupant, tenant or sponsor could not reasonably
foresee and could not reasonably control without the intervention of
the police, the unlawful conduct of the person shall not be attribut-
able to the owner, occupant, tenant or sponsor for the purposes of
determining liability under this 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 -10-
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.
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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11 -17
The cross - reference in section 11 -10 -5 para-
graph A was corrected on May 17, 2010 by the
town attorney as a scrivener's error under the
authority of section 1 -4 -5
7/12/2010
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 ................................................................ ...........................12 -1
TRAFFIC CONTROL ............................................................. ...........................12 -1
PARKING ............................................................................... ...........................12 -6
OFF -ROAD MOTOR VEHICLE USE .................................... ..........................12 -11
IMPOUNDMENT OF VEHICLES .......................................... ..........................12 -13
BICYCLE HELMETS FOR MINORS .................................... ..........................12 -15
CONSTRUCTION IN TOWN RIGHTS -OF- WAY .................. ..........................12 -15
SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS FROM
OCCUPANTS OF VEHICLES TRAVELING ON TOWN STREETS OR
HIGHWAYS ....................................................................... .............................12 -22
OTHER PENALTIES ............................................................ ..........................12 -23
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Title 12. Traffic and Highways
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
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
arrests 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 complaint for any alleged civil or criminal violation of this title.
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
person has been charged, together with a record of the final dispo-
sition of all alleged offenses. The record shall accumulate during at
least a five year period and from that time on the record shall be
maintained complete for at least the most recent five year period.
B. All forms for records of violations and notices shall be serially
numbered. For each month and year, a written record shall be
maintained complete for at least the most recent five year period.
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.
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
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.
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Title 12. Traffic and Highways
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 nec-
essary 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.
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.
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.
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 indi-
cating the course to be traveled by vehicles turning at those inter-
sections, and the course to be traveled as so indicated may con-
form 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.
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
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The last sentence of paragraph A was rewrit-
ten by Ordinance No. 2005.22
Title 12. Traffic and Highways
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.
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
directions of the sign.
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
opposite direction is prohibited.
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.
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.
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, pro-
posed line of march, destination and any other regulations the chief
of police sets forth in the permit.
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Title 12. Traffic and Highways
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.
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
(Note: These may take a moment to
town engineer and based on nationally- accepted traffic engineering
download.)
standards.
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
suspected violation of title 28, Arizona revised statutes, or this sec-
tion, and to serve a copy of the traffic complaint for any alleged civil
or criminal violation of this title.
12 -2 -12 Speed limits in areas undergoing roadway construction
section 12 -2 -12 was added by Ordinance
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 con-
struction, reconstruction or maintenance of any road by town em-
ployees or any contractor or subcontractor performing such con-
struction, reconstruction or maintenance at the direction of the
town.
C.
The town engineer or the town engineer's authorized representa-
tive is hereby authorized to establish temporary reduced speed lim-
its in areas undergoing roadway construction. The temporary re-
duced 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 perma-
nent speed limits 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.
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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 per-
manent posted speed limit in an area undergoing roadway con-
struction where a temporary reduced speed limit has not been
posted shall be fined $250 for each violation. No judge may sus-
pend any portion of the fine prescribed in this paragraph.
12 -2 -13 School crossings
Section 12 -2 -13 was re- numbered by Ordi-
School crossings shall be established and marked in front of each
nance No. 2008.08
school building and grounds in conformity with the provisions of A.R.S.
§ 28 -797.
12 -2 -14 Railroad crossings
Section 12 -2 -14 was adopted by Ordinance
No. 2001.07 and re- numbered by Ordinance
A. No person shall stop, stand or park any motor vehicle or other ve-
No. 2008.08
hicle 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 "rail-
road grade crossing" shall be that area between the two gates,
whether the gates are raised or lowered. Where no railroad cross-
ing gates exist, the "railroad grade crossing" shall be that area
within ten feet of the railroad tracks, on each side of the tracks.
12 -2 -15 Violations — chapter 12 -2; penalty
Section 12 -2 -15 was added by Ordinance
No. 2006.31 and revised and re- numbered by
A. Any violation of chapter 12 -2 shall be a civil traffic violation unless
Ordinance No. 2008.08. The cross - reference in
otherwise designated in this title or under state law.
paragraph C was corrected on September 4,
2008 by the town attorney as a scrivener's er-
B. Any person found responsible for a civil violation of chapter 12 -2
ror under the authority of section 1 -4 -5
shall be fined not more than $250 for each violation.
C. A person convicted of violating section 12 -2 -14 is guilty of a class 1
misdemeanor.
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Title 12. Traffic and Highways
CHAPTER 12 -3. PARKING
See Ordinance No. 94.12 for prior history of
chapter 12 -3
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.
12 -3 -2 Method of parking
Section 12 -3 -2 was renumbered by Ordinance
No. 2006.31, which added paragraphs 8 and C
A. Except as otherwise authorized by posted regulatory signs, every
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
permitted on any roadway. This paragraph shall not apply on any
federal aid highway or state highway unless the director of the Ari-
zona department of transportation has determined by resolution or
order that the roadway is of sufficient width to permit angle parking
without interfering with the free movement of traffic.
12 -3 -3 Blocking traffic
Section 12 -3 -3 was renumbered and substan-
tially modified by Ordinance No. 2006.31
A. 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 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.
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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 ex-
tent that it is impossible to avoid stopping and temporarily leav-
ing the disabled vehicle in that position.
3. A vehicle or the driver of a vehicle engaged in the official deliv-
ery 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 following 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 am-
ber light at least four inches in diameter with the letters
"stop" printed on the light is attached to the rear of the vehi-
cle.
b. The vehicle has a uniform sign that:
i. Is at least fourteen inches in diameter.
ii. Is approved by the Arizona department of transporta-
tion.
iii. Has the words "U.S. Mail" printed on the sign.
iv. Is attached to the rear of the vehicle.
12 -3 -4 Stopping, standing or parking prohibitions
Except if necessary to avoid conflict with other traffic or if in compli-
ance with law or the directions of a police officer or traffic control de-
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.
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Section 12 -3 -4 was added by Ordinance
No. 2006.31. Former Section 12 -3 -4 entitled
"Parking vehicles on sidewalks," was deleted.
7/12/2010
Title 12. Traffic and Highways
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
stopping, 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.
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
traffic.
P. Within 50 feet of a public transit bus stop.
12 -3 -5 Authority to erect signs restricting parking
The town engineer may erect signs requiring parking at an angle to the
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.
12 -3 -6 Stopping, standing or parking in handicap parking space
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 distinguishing insignia placard or number plates bearing the in-
ternational wheelchair symbol, and either:
1. The motor vehicle displays the distinguishing insignia placard;
or
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tially modified by Ordinance No. 2006.31
Section 12 -3 -6 was renumbered and slightly
modified by Ordinance No. 2006.31
7/12/2010
Title 12. Traffic and Highways
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
responsible for the violation and subject to the penalty for it.
C. If a law enforcement officer employed by the town finds a motor
vehicle in violation of this section, the officer shall issue a com-
plaint which shall be attached or placed upon the vehicle which is
unlawfully 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
approved by the Arizona department of transportation bearing the
internationally accepted wheelchair symbol and the caption "re-
served parking ". The designation of handicap parking spaces as
provided in this chapter or as required pursuant to the town land
development 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 con-
sented 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.
12 -3 -7 Law enforcement exception
The stopping, standing or parking restrictions provided in this chapter
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.
12 -3 -8 Unarmed police parking enforcement aides
The police department may employ unarmed police parking enforce-
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.
MARANA TOWN CODE 12 -9
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Section 12 -3 -7 was added by Ordinance
No. 2006.31
Section 12 -3 -8 was renumbered and modified
by Ordinance No. 2006.31
7/12/2010
Title 12. Traffic and Highways
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.
12 -3 -10 Parking on public land to display vehicle for sale
Section 12 -3 -10 was added by Ordinance
No. 2006.31
It shall be a civil infraction to park a vehicle upon land owned by the
town or by any other government agency for the purpose of displaying
the vehicle for sale.
12 -3 -11 Presumption of liability
Section 12 -3 -11 was added by Ordinance
A. The display of an signs or other markings indicating that a vehicle
p Y Y g g g
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.
12 -3 -12 Truck, trailer and recreational vehicle parking restrictions
Section 12 -3 -12 was added by Ordinance
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.
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 chapter
12 -3 shall be fined not more than $250 for each violation.
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Title 12. Traffic and Highways
CHAPTER 12 -4. OFF -ROAD MOTOR VEHICLE USE
Ordinance No. 2003.09 modified the title of
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
No. 2003.09
highway 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
floodplain terraces.
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
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 posses-
sion of the property. The written consent shall be kept in a per-
son's possession while operating an off -road recreational vehi-
cle and shall be shown upon the request of a peace officer; or
3. So as to knowingly cause or contribute to visible dust emis-
sions which then cross property lines into a residential, recrea-
tional, institutional, educational, retail sales, hotel or business
premises; or
4. At a speed greater than is reasonable and prudent under the
circumstances, 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
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Title 12. Traffic and Highways
6. In a way that causes excessive noise that disturbs the peace
and quiet of a residential area to the extent that a noise com-
plaint 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 pub-
lic 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 posses-
sion of the property. The written consent shall be kept in a per-
son's possession while operating a vehicle and shall be shown
upon the request of a peace officer. This provision shall not ap-
ply 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 emis-
sions which then cross property lines into a residential, recrea-
tional, institutional, educational, retail sales, hotel or business
premises; or
4. So as to damage landscaping on public or private lands, or to
create significant erosion on those lands; or
5. On any property owned or leased by the town other than a pub-
lic roadway, unless specifically authorized in writing by the town
or expressly allowed by this chapter.
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 docu-
ments upon the request of a peace officer. If an operator is unli-
censed, 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.
12 -4 -4 Exempt uses
The provisions of this chapter shall not apply to a vehicle or an off -road
recreational vehicle being used for:
A. Ranching or agricultural purposes;
B. Grading, construction or building trade purposes;
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Ordinance No. 2003.09 amended the intro-
ductory paragraph of section 12 -4 -1 to add
"or an off -road recreational vehicle"
7/12/2010
Title 12. Traffic and Highways
C. Mining purposes;
D. Licensed off -road business operations such as land surveying,
public 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.
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 parti-
tion 12- 4 -2A.3 Or section 12- 4 -2B.3. graph A to add "or section 12 -4- 2(8)(3)"
B. On any dedicated public highway, street, road, alley or parking lot
generally open to the public for the purpose of vehicular travel if
properly licensed to use the roadway.
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 chapter
12 -4 shall be fined not more than $250 for each violation.
CHAPTER 12 -5. IMPOUNDMENT OF VEHICLES
12 -5 -1 Police authorization to impound vehicles
A. The police department may take in charge, remove and keep in its
custody under the direction of the chief of police or cause to be
towed to and stored in a public storage facility, vehicles in the fol-
lowing circumstances:
1. Any unoccupied vehicle of any kind or description found violat-
ing 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
possession 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
normal movement of traffic;
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7. When the vehicle is left unattended upon a public street, high-
way 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.
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
person or in writing to the owner of the fact of the removal and the
reasons 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 pro-
vided 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 Mo-
tor Vehicle Division of the State Department of Transportation and
shall file a copy of the notice with the proprietor of the public ga-
rage in which the vehicle is stored, in accordance with the police
department's rules and regulations. The notice shall include a
complete description 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.
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 ve-
hicle is stored on town property, the owner shall pay an amount es-
tablished by a fee schedule adopted by the council and amended
from time to time for each day or any fraction of a day the vehicle is
kept in the custody of the police department. Payment of any tow-
ing and storage fees shall not release the owner or driver of the
vehicle of any other penalty which may be imposed for any viola-
tion of town ordinances, this code, state or federal laws.
B. If forfeiture proceedings are initiated and later discontinued, the
vehicle will be released to the vehicle owner upon payment of the
towing 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.
MARANA TOWN CODE 12 -14
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Section 12- 5 -3(A) was amended by Ordi-
nance No. 2009.11 by adding reference to the
comprehensive fee schedule and deleting
specific storage fee amounts for impounded
vehicles
7/12/2010
Title 12. Traffic and Highways
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 -3A, in the manner provided by
A.R.S. § 28 -1401 et seq. This remedy is cumulative of all other penal-
ties provided by this chapter.
CHAPTER 12 -6. BICYCLE HELMETS FOR MINORS
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
bicycle, or ride in a device towed by a bicycle without wearing a
helmet which meets the current standards of the American Na-
tional 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 12-6-1A at the time of the rental or
lease; or
2. The rental or lease includes a protective bicycle helmet meet-
ing the standards set out in section 12-6-1A and the person
agrees to wear the helmet at all times while operating or riding
as a passenger on the bicycle.
C. Written explanation of provisions: a person regularly engaged in
the business of selling bicycles shall provide any purchaser of a bi-
cycle with a written explanation of the provisions set forth in section
12-6-1A.
12 -6 -2 Violations — chapter 12 -6; penalty
A. Any violation of chapter 12 -6 shall be a civil traffic violation.
B. Any person found responsible for violating any provision of chapter
12 -6 shall pay a maximum fine of $250.
C. The penalties for a violation of section 12 -6 -1A 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
12 -7 -1 Definitions
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 cor-
poration whose facilities or equipment are the subject of the
right -of -way permit application.
2. "Contractor" means the party doing the work.
MARANA TOWN CODE
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12 -15
Chapter 12 -6 was adopted by Ordinance
No. 96.33, which renumbered chapter 12 -7 to
conform
Section 12 -6 -2 was renumbered and modified
by Ordinance No. 2006.31
Chapter 12 -7 was added by Ordinance
No. 2008.04, and replaced un- codified Ordi-
nance No. 91.21
7/12/2010
Title 12. Traffic and Highways
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,
paving, and landscaping, as well as the construction of curbs,
gutters, 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 engi-
neer's authorized representative.
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.
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, us-
ing town personnel and equipment.
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 -3A, including,
but not limited to, the following:
A. Routine service connections and maintenance work.
B. Installation of utility distribution or collection systems and commu-
nications 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.
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:
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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
franchise.
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 omis-
sion 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.
C. Projects which are to be self- certified under section 12 -7 -10C re-
quire a completed agreement for construction of public improve-
ments before a permit will be issued. Necessary forms are avail-
able 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 author-
ized public use of the right -of -way and does not otherwise inter-
fere 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.
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5. The applicant has obtained an air quality permit, if required.
6. The applicant has submitted a traffic control plan that is ap-
proved by the town engineer.
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.
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.
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:
1. 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.
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 con-
dition. The applicant shall be held responsible for any damage to,
and for maintenance and protection of, existing utilities and struc-
tures.
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 pave-
ment repair is not performed within 30 working days after backfill-
ing the trench and an extension has not been granted by the town
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engineer, the town engineer may select a contractor to perform all
necessary 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
guaranteed free of defect by the applicant for a period of one year
after closeout of permit or approval by the council, whichever oc-
curs later.
I. The town engineer shall be notified by the applicant before backfill-
ing and upon completion of the work. If the applicant is not working
under self - certification as provided in 12 -7 -1OC 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
attorneys' fees.
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
direction of travel may be blocked at any one time, unless specifi-
cally 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 un-
der the provisions for emergency repairs, the town shall notify the
applicant 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 responsi-
ble for the removal within 15 working days of the notification. If the
applicant does not remove the unauthorized work, the town may
have the work removed by a competent contractor at the appli-
cant's expense.
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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.
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 replace-
ment 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
repair cannot be accomplished by this method and the town engi-
neer approves an alternate method.
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.
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
approval.
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 evi-
dence, acceptable to the town engineer, that the required com-
paction density has been obtained. This evidence shall be in
the form of tests and certification from a certified testing labora-
tory or from any engineering technician certified by either the
national institute for certification in engineering technologies at
MARANA To wN CODE 12 -20
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Title 12. Traffic and Highways
level II or higher or by the Arizona technical training institute
field technician 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 pro-
ject is satisfactorily completed and approved, the applicant will
be notified.
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
engineer. This contract shall detail the responsibilities of the
engineer 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
presence 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 un-
derway at the site, a responsible person shall be present who,
by 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
certified by the national institute for certification in engineering
technologies or the Arizona technical training institute to show
that standards of materials, density, and pavement replace-
ment 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
engineer. If any material used by the applicant in replacing or re-
constructing any part of the work, or if any workmanship performed
under the permit, proves defective, the applicant shall replace the
work as specified by the town engineer.
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Title 12. Traffic and Highways
12 -7 -11 Permit expiration
A. A permit shall expire if work is not started within 30 days of issu-
ance or if not satisfactorily completed within ten days after the
stated completion date. If a permit has expired, a new permit must
be applied for, paid for and issued before beginning or completing
construction.
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.
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.
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 sched-
ule 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.
CHAPTER 12 -8. SOLICITATION OF EMPLOYMENT, BUSINESS
OR CONTRIBUTIONS FROM OCCUPANTS OF
VEHICLES TRAVELING ON TOWN STREETS OR
HIGHWAYS
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.
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-
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Chapter 12 -8 was added by Ordinance
No. 2008.11
7/12/2010
Title 12. Traffic and Highways
ans, if a part of the way is open to the use of the public for purposes of
vehicular travel.
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.
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
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 des-
ignated in this title or under state law.
B. A civil sanction of not more than $250 shall be imposed on any
person found in violation of any other provision of this title unless
otherwise designated in this title or under state law.
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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
7/12/2010
Title 13
Parks &Recreation
CHAPTER 13 -1. PARKS AND RECREATION REGULATIONS ..................... ...........................13 -1
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Title 13. Parks & Recreation
TITLE 13. PARKS & RECREATION
Title 13 was adopted by Ordinance No. 96.02
CHAPTER 13 -1. PARKS AND RECREATION REGULATIONS
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
handler.
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.
13 -1 -2 Intoxicants and disturbing the peace Ordinance No. 97.20 amended section 13 -1 -2
by rewriting paragraph A and adding the last
A. No person shall consume spirituous liquor in town parks and rec- sentence to paragraph 8
reation areas, including parking lots and driveways, except that
beer may be consumed when the appropriate permit is obtained
from the town, consumption remains in compliance with the terms
of the permit, 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 ar-
dent spirits and beverages containing more than .05% alcohol by
volume. "Beer" means any beverage obtained by the alcoholic fer-
mentation, infusion, or decoction of barley malt, hops, or other in-
gredients 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.
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.
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Title 13. Parks & Recreation
2. Operate a motor vehicle except on roads and parking areas
designated for those purposes; to operate a motor vehicle at a
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 rec-
reation 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,
public meetings or assemblies, erection of signs, fences, barri-
ers 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
recreational facility any garbage, sewage, refuse, trash, waste
or other obnoxious materials except in receptacles or contain-
ers 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 consideration 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
or for specific purposes, locations and seasons as licensed and
permitted by Arizona game and fish regulations.
9. Bring saddle, pack or draft animals into a town park site unless
it has been developed to accommodate them and is posted ac-
cordingly.
10. Allow grazing or forage consuming domestic livestock to graze
or to roam at -large within the fenced or posted boundaries of
town parks.
11. Build fires, except in designated places, or in fireplaces, stoves
or grills either provided or approved by the town.
12. Operate any aircraft of any nature or parachute or hang glide
on town park property except in areas designated for that use
or in an emergency or by permit issued by the town.
13. Collect, remove, destroy, mutilate, damage or deface any natu-
ral resource including but not limited to all live and dead vege-
tation 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
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Paragraph 8 was modified by Ordinance
No. 2007.15
7/12/2010
Title 13. Parks & Recreation
provided for by the town, all environmental settings shall be
kept in their natural state.
14. Bicycle, skateboard, roller skate or roller blade on tennis or
basketball courts, or on any other surface which is marked to Ordinance No. 97.20 added subparagraphs 14
and 15 and paragraph 8
prohibit 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 nance No. 2007.15
with 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
developed or improved area is posted with reasonable no-
tice stating the following: "Carrying a firearm in this devel-
oped or improved area is limited to persons who possess a
permit issued pursuant to A.R.S. § 13- 3112."
c. This subparagraph 16 shall not apply to a person:
i. Possessing a concealed weapons permit issued pursu-
ant 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 instruc-
tor 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 fire-
arms show or in a permitted hunting area;
iv. Legally transporting, carrying, storing or possessing a
firearm in a vehicle;
v. Going directly to or from an area where the person is
lawfully engaged in hunting, marksmanship practice or
recreational 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 available.
d. For the purposes of this subparagraph 16:
i. "Developed or improved area" means an area of prop-
erty developed for public recreation or family activity, in-
cluding picnic areas, concessions, playgrounds, amphi-
theaters, racquet courts, swimming areas, golf courses,
zoos, horseback riding facilities and boat landing and
docking facilities, but excluding campgrounds, trails,
paths or roadways, except trails, paths or roadways di-
rectly associated with and adjacent to designated de-
veloped or improved areas.
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Title 13. Parks & Recreation
ii. "Firearm" means any loaded or unloaded handgun, pis-
tol, revolver, rifle, shotgun or other weapon that will ex-
pel, is designed to expel or may readily be converted to
expel a projectile by the action of an explosive, but does
not include a firearm that is in permanently inoperable
condition.
iii. "Reasonable notice" means notice that is required by
section 13- 1- 3A.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 im-
proved 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 Ari-
zona 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
duties specified in A.R.S. § 9- 499.04 and title 11, chap-
ter 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
protect oneself or the other person.
b. For the purposes of this subparagraph 17, "firearm" carries
the same meaning as defined in section 13- 1- 3A.16.d.ii.
18. Smoke within 25 feet of any athletic field, athletic facility or chil-
dren's play area. For purposes of this subparagraph 18, to
"smoke" means to inhale, exhale, burn, carry or possess any
lighted tobacco product, including cigars, cigarettes, pipe to-
bacco and any other lighted tobacco product.
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.
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
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Title 13. Parks & Recreation
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 -3A.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.
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
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13 -5
Paragraph 8 was added by Ordinance
No. 2007.15
7/12/2010
Title 14
Water
A
CHAPTER 14 -1. GENERAL PROVISIONS ...................................................... ...........................14 -1
CHAPTER 14 -2. RESPONSIBILITIES .............................................................. ...........................14 -2
CHAPTER 14 -3. WATER SERVICE ................................................................. ...........................14 -5
CHAPTER 14 -4. CONSTRUCTION AND FINANCING OF WATER FACILITIES ......................14 -7
CHAPTER 14 -5. SERVICE AREA INCLUSION AND FEES ........................... ..........................14 -10
CHAPTER 14 -6. PROVISION OF WATER UTILITY SERVICE ...................... ..........................14 -12
CHAPTER 14 -7. WATER RATES AND CHARGES ........................................ ..........................14 -17
CHAPTER 14 -8. EMERGENCY WATER CONSERVATION RESPONSE ..... ..........................14 -20
CHAPTER 14 -9.
CHAPTER 14 -10.
CHAPTER 14 -11.
BACKFLOW PREVENTION AND CROSS - CONNECTION CONTROL .......14 -23
VIOLATIONS ........................................................................ ..........................14 -31
AMENDMENTS AND PUBLIC HEARING ........................... ..........................14 -32
{00021360. DOC I}
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
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 pre-
sent 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.
14 -1 -2 Definitions
A. In this title, unless the context otherwise requires:
1. "Applicant" means a person requesting the town to supply wa-
ter 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
extension agreement or service connection agreement, the
value of which are not refundable.
5. "Customer" means the person or entity in whose name service
Ordinance No. 98.19 inserted "contract" in
is rendered, as evidenced by the name on the application or
place of "contractor" in paragraph 5
contract for that service, or by the receipt or payment of bills
regularly issued in his name regardless of the identity of the ac-
tual 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.
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Title 14. Water
7. "Main extension" means the mains and ancillary equipment
necessary to extend the existing water distribution system to
provide service to additional customers.
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 indi-
vidual consumption.
9. "Meter" means the instrument for measuring and indicating or
recording the volume of water that has passed through it.
10. "Meter tampering" means a situation where a meter has been
illegally 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
usage.
12. "Point of delivery" means the point where facilities owned,
leased or under license by a customer connect to the town wa-
ter 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
customer's point of delivery.
CHAPTER 14 -2. RESPONSIBILITIES
14 -2 -1 Responsibilities of the council
A. Adoption of comprehensive water development plan The council
may adopt a comprehensive water system development plan for
the town system or any part of it. Upon adoption of a comprehen-
sive water system development plan, the council shall assure that
no extension, improvement or addition to the town water utility sys-
tem or facilities over which the town has jurisdiction shall be con-
structed or authorized until and unless the extension, improvement
or addition to the town water utility system or facilities shall be de-
termined to conform to the comprehensive water system develop-
ment plan.
B. Adoption of water utility construction standards The council shall
be empowered to adopt and amend engineering design and con-
struction 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
MARANA TOWN CODE 14 -2
{00021360. DOC I}
Ordinance No. 2005.22 deleted a redundant
definition of "person" (see section 1 -3 -2)
A definition of "town" was added by Ordinance
No. 98.19 and deleted as redundant by Ordi-
nance No. 2005.22 (see section 1 -3 -2)
Section 14 -2 -1 was amended by Ordinance
No. 98.19, which deleted former paragraph A
entitled "Appointments" and renumbered the
remaining paragraphs to conform, and
changed the cross - reference in paragraph E
7/12/2010
Title 14. Water
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.
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, sala-
ries, 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 gener-
ated 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 degree 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 service 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 chapter 14-
11.
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,
sufficiency of water supply, enforcement of this title, review of all
engineering plans, review of all contracts, preparation of water sys-
tem development plans, improvement or expansion plans, collec-
tion of all funds due to the town water utility, compliance with fed-
eral, state and local health regulations, compliance with federal,
state and local ordinances and requirements in general, and prepa-
ration of annual budgets and preparation of capital improvement
plans.
14 -2 -3 Water utility advisory committee
A. Creation There is hereby established an entity to be called the
Water utility advisory committee. Members shall be appointed by a
majority 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:
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"
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Title 14. Water
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 improve-
ment program and recommend to the council an annual and
five year capital budget;
3. Annually review the water revenue requirements of the water
utility and recommend to the council rate adjustments as re-
quired;
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 neces-
sary 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
federal 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 util-
ity advisory committee shall be composed of seven members, two
of whom shall be residential customers, one of whom shall be a
commercial customer, one of whom shall represent agricultural in-
terests and three of whom shall represent areas of the town at-
large. Members of the water utility advisory committee shall serve
terms of three years, which terms shall be staggered. The initial
Ordinance No. 96.35 amended paragraph C to
members of the water utility advisory committee shall draw lots to
insert "four members" and "three members" in
determine which four members shall have an initial term of one
place of "three members" and "two members"
year and which three members shall have an initial term of three
in the penultimate sentence
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 with-
out prior authorization of the council, nor may it obligate the town in
any manner or form.
711212010
MARANA TOWN CODE 14 -4
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Title 14. Water
CHAPTER 14 -3. WATER SERVICE
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-
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
Ordinance No. 98.19 added "social security
new a
applicant for water utility service:
pp Y
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.
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.
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Title 14. Water
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.
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.
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
hazardous to the applicant, a resident of the town or the town's
personnel 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 wa-
ter utility service;
5. Applicant provides false information for the purpose of obtain-
ing service.
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.
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-
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Title 14. Water
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.
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
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 ser-
vice 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 agree-
ment. Costs shall include, but not be limited to, engineering and
design fees, materials, labor, applicable taxes, permits and inspec-
tion fees. Facilities shall include, but not be limited to, wells,
pumps, storage tanks and reservoirs, mains, valves, meters and
other appurtenances to the water system both within an applicant's
proposed development 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 submitted for approval by the council unless the agree-
ment has been reviewed 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
estimated cost of all mains, including all valves and fittings, and
any water production, storage or pressure system, as deemed
MARANA TOWN CODE 14 -7
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Ordinance No. 98.19 moved "before construc-
tion is commenced" from the middle to the be-
ginning of paragraph 8
7/12/2010
Title 14. Water
necessary and convenient by the town to provide water service to
applicant'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
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 pro-
posed 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 construction.
3. At a minimum, main extension agreements shall have the fol-
lowing written requirements: Ordinance No. 98.19 slightly reworded the in-
troduction to paragraph (B)(3)
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
provisions, if applicable.
4. The size, design, type and quality of materials of the system,
installed 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
facilities installed by agreement with the town shall be the sole
property of the town, and parties making advances in aid of
construction under this title shall have no right, title or interest
in any such facilities.
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 ex-
pense 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.
MARANA TOWN CODE 14 -8 711212010
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Title 14. Water
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.
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.
14 -4 -3 Capacity requirements
A. Water system capacity requirements The director of the town wa-
ter 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 applicant'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 en-
ter into an agreement for partial refund of the cost of the water
main so installed, 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
section;
2. Refunds shall continue for a maximum of 15 years from the
date of the agreement. Any balances remaining unpaid shall be
considered 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, es-
tablish 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
MARANA TOWN CODE 14 -9
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Title 14. 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 com-
puting the total cost of the water facility improvement, by de-
termining other property which will benefit from the oversized
capacity, by allocating the capacity installed between the origi-
nal applicant's property and any non - participating property
benefiting from the capacity installed, and by determining a per
connection 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 re-
covery charge.
2. No oversizing recovery charge shall be levied or collected by
the town unless approved by the council. No oversizing recov-
ery 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 incurred for the oversizing. The town shall, on or before
June 30th of each calendar year, pay to the applicant pursuant
to an approved refund agreement, the proceeds collected from
the oversizing recovery charge applicable to applicant's water
system oversizing costs derived from non - participating prop-
erty. 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
14 -5 -1 General provisions
A. Water improvements The developer shall design and construct a
water pumping and delivery system to the greater of the design
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.
MARANA TOWN CODE 14 -10
{00021360. DOC I}
Section 14 -5 -1 was added by Ordinance
No. 98.19, which also renumbered the remain-
ing paragraphs of chapter 14 -5 to conform
7/12/2010
Title 14. Water
B. Interconnection line The developer agrees to construct an inter-
connection 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 nec-
essary 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.
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
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 a service area inclusion fee in an amount
established by a fee schedule adopted by the council and amended
from time to time.
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.
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.
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.
MARANA TOWN CODE 14 -11
{00021360. DOC I}
Section 14 -5 -2 was amended by Ordinance
No. 98.19, which increased the fees, and by
Ordinance No. 2009. 11, which deleted specific
fees and added reference to the comprehen-
sive fee schedule
7/12/2010
Title 14. Water
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
sites, rights -of -way and easements as a condition of service to a new
applicant for service area inclusion.
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.
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
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
delivery or meter in a safe and efficient manner and in accor-
dance with the rules of the Pima County Health Department,
the town and any other jurisdiction with regulatory powers over
the connections;
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 customer 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 unauthor-
ized breaking of seals, tampering or bypassing the town water
utility meter;
5. Notifying the town of any failure identified in town water utility
equipment;
MARANA TOWN CODE 14 -12
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Title 14. Water
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 criti-
cal water conditions, as determined by the council, the customer
shall use water only for those purposes specified by the council.
Disregard for this provision shall be sufficient cause for refusal or
discontinuance 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
utility property used in furnishing service and the exercise of any
and all rights secured to it by law or this title.
14 -6 -2 Payment of bills
Water rates, charges or fees are due and payable to the town upon
billing. Any water rates, charges or fees not paid in full by the next bill-
ing date, shall result in a late charge in an amount established by a fee
schedule adopted by the council and amended from time to time in ad-
dition to the balance due.
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.
14 -6 -4 Nonpayment of delinquent bill; filing of lien; interest
A. If any bill for a water rate, charge or fee made to the customer pur-
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 chal-
lenge has been made to the accuracy of the bill after the notice of
delinquency, 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
chapter 14 -7.
B. Pursuant to A.R.S. § 9- 511.02, the town may file a lien on the
property 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.
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
MARANA TOWN CODE 14 -13
{00021360. DOC I}
Ordinance No. 98.19 amended section 14 -6 -2
by inserting "next billing date" for "fifteenth of
the month, or within twelve days of billing,
whichever is later. " Ordinance No. 2007.31
increased the late charge, and Ordinance
No. 2009.11 replaced the specific fee amount
with a reference to the comprehensive fee
schedule
Ordinance No. 98.19 amended section 14 -6 -4
by rewording paragraph A and adding para-
graph 8
7/12/2010
Title 14. Water
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.
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
customer has received a notice of delinquency, the challenge
shall be filed within ten days of the date of the notice of delin-
quency.
2. The customer may request that the meter be re -read or the me-
ter be tested, provided the customer pays the meter re read
Section 14- 6- 6(A)(2) was amended by Ordi-
charge or the meter test charge in advance in the amount es-
nance No. 2009.11 by adding reference to the
tablished b a fee schedule ad b the council and
y p y
comprehensive fee schedule and deleting ref -
erence to chapter 14 -7
amended from time to time. A request for meter re -read or me-
ter retest, paid for by the customer, shall constitute a challenge
to the accuracy 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 cus-
tomer. Customer 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 offi-
cer 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 hear-
ing officer shall be empowered to make a decision as to the va-
lidity of the customer's challenge and, if he or she finds the cus-
tomer's challenge to be valid, shall be empowered to make the
appropriate correction to the bill. If it is necessary for determi-
nation 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 what-
ever 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 con-
ducted and the meter has been found to be working properly.
6. The hearing officer's decision that the bill rendered to the cus-
Ordinance No. 2005.22 reworded paragraph 6
tomer is accurate is final.
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
Ordinance No. 2005.22 reworded sec-
tion 14 -6 -7
711212010
MARANA TOWN CODE 14 -14
{00021360. DOC I}
Title 14. Water
and payment of a water utility deposit as a condition of reestablishing
water service.
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.
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.
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 disas-
ter resulting in disruption of normal service, the town may, in the
public interest, interrupt service to provide necessary service to
civil defense, fire protection or other emergency service agencies
on a temporary basis until normal service to these agencies can be
restored. 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 -
MARANA TOWN CODE 14 -15
{00021360. DOC I}
7/12/2010
Title 14. Water
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.
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
following:
1. Temporary services where water use can be readily estimated;
2. Public and private fire protection service;
3. Water used for town purposes.
14 -6 -11 Customer requested meter re -reads
Section 14 -6 -11 was amended by Ordinance
No. 2009.11 by adding reference to the com-
At the request of a customer, the town shall re -read the customer's
prehensive fee schedule and deleting refer -
meter within ten working days after the customer's request. Any re-
ence to chapter 14 -7
reads shall be charged to the customer at the rate established by a fee
schedule adopted by the council and amended from time to time, pro-
vided that the original reading was not in error.
14 -6 -12 Customer requested meter tests
Section 14 -6 -12 was amended by Ordinance
At the request of a customer, the town shall test the customer's meter.
No. 2009.11 by adding reference to the com-
Meter tests shall be conducted within ten working days after the cus-
prehensive fee schedule and deleting refer-
tomer's request. Meter tests shall be charged to the customer at the
ence chapter 14 -7
rate established by a fee schedule adopted by the council and
amended from time to time, provided that the meter was not found to
be in error by more than 3 %.
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
estimate 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 dan-
gerous animals, threatening conduct of the customer, etc.
MARANA TOWN CODE 14 -16 711212010
{00021360. DOC I}
Title 14. Water
3. Each bill based on estimated usage will indicate that it is an es-
timated 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).
E. Bi�g 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
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 attributable to providing water service through the town wa-
ter system. Water charges will be computed through the summa-
tion 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 established by a fee schedule adopted by the
council and amended from time to time.
C. The monthly water use charge for standpipe /hydrant meters, me-
ters serving multi - family, commercial, industrial, government and ir-
rigation uses and meters serving single family residences shall be
established by a fee schedule adopted by the council and
amended from time to time.
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.
MARANA TOWN CODE 14 -17
{00021360. DOC I}
Ordinance No. 98.19 deleted the words "plus
interest (where appropriate)" from para-
graph (D) (8)
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.
The water base fees and consumption rates in
section 14 -7 -1 (8) and (C) were amended by
Ordinance No. 2009.03 and moved to the
comprehensive fee schedule by Ordinance
No. 2009.11
7/12/2010
Title 14. Water
B.
Deposits and charges for the installation of a metered water ser-
A fee table in paragraph 8 was modified by
vice connection shall be based upon the size of the meter installed,
Ordinance Nos. 98.19, 2005.22, and 2007.31,
and shall be established b y a fee schedule adopted b y the council
and moved to the comprehensive fee schedule
by Ordnance No. 2009.11
and amended from time to time.
C.
The installation charge for a metered water service connection in
excess of two inches in diameter shall be the town's actual cost,
including labor, materials and administrative costs, for installing the
meter.
Section 14- 7 -2(8) was amended by Ordinance
D.
In addition to any service line installation charge, all applicable
No. 2009.11 by adding reference to the com-
permit fees, right -of -way costs or unusual construction costs shall
prehensive fee schedule and deleting the me-
be added and paid for by the applicant at the time of application.
tered water service installation fee chart
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-
Ordinance No. 98.19 deleted the word "guaran-
tinuance of service, as long as all water bills are paid in full.
tee" before "deposits" in paragraph F
G.
Connection fees are designed to reflect approximate and appropri-
ate costs of replacing the demand on existing water supply sources
created by each new service. All connection fees are to be retained
in a separate and special fund and account to be used for water
source development to upgrade and improve existing systems.
Funds could be used to pay for appropriate portions of any new
source development that was partially paid for by a developer to
serve a new area and which has excess capacity that could be in-
terconnected and benefit existing customers. Funds could also be
used to develop facilities to take and treat C.A.P. water if it were to
become a viable alternative for existing sources in the future.
H.
Set charges for installations reflect estimated expenses and are
the required up front charges. These are estimated charges for the
simplest type of installation. The actual cost of installation will be
billed as determined by the Marana municipal water system. The
actual cost will be increased in the case of pavement cutting, ex-
cessive length, rocky ground, or any other additional cost inflating
factors, or if the actual costs are less than the installation charge,
the excess will be refunded. Since the installation of large meters
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-
Ordinance No. 98.19 changed "licensing" to
vided the contractor builds to town standards and furnishes proof
"contractor licensing and town business licens-
of contractor licensing and town business licensing. All final inspec-
ing" in paragraph H
tions and approvals shall be made by Marana municipal water sys-
tem personnel.
I.
Where the water system, including wells and all infrastructure, is
Paragraph / was added by Ordinance
paid by the developer, the developer shall not pay the installation
No. 98.19 and amended by Ordinance
and connection charge per the fee schedule, but shall have a li-
No. 2009. 11, which replaced references to fees
censed contractor install the system with current technology in ac-
y gy
in sections 14 -7 -2 and 14 -7 -3 with a reference
to the comprehensive fee schedule
cordance with town standards. All other charges in the fee sched-
ule shall apply.
Section 14 -7 -3 was amended by Ordinance
No. 98.19, which rewrote paragraphs A and C
MARANA TOWN CODE 14 -18
{00021360.
DOC I}
and added paragraph H, Ordinance
No. 2007.31, which revised various fees, and
Ordinance No. 2009. 11, which moved specific
fees to the comprehensive fee schedule_ added
Title 14. Water
14 -7 -3 Other service charges
The following service charges are established, the amounts of which
are set forth in a fee schedule adopted by the council and amended
from time to time.
A. New service establishment fee 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 holi-
days except in an emergency situation as determined by the Ma-
rana municipal water system.
B. New service establishment fee after hours The new service estab-
lishment fee after hours is for the cost of establishing the new cus-
tomer service account after hours, on weekends or on holidays in
an emergency situation as determined by the Marana municipal
water system.
C. Reconnect fee The reconnect fee shall be for the cost of reestab-
lishing water service after water service has been terminated for
any reason and requires 24 hours notice. There will be an addi-
tional after -hours reconnect fee. If there is a delinquent balance
due, the delinquent balance must be paid in full before service will
be reconnected.
D. Customer requested re -read of meter This fee shall be refundable
if the meter is found not to be reading accurately, defined as an er-
ror of greater than 3 %.
E. Check returned for insufficient funds This fee shall be added to a
customer's water bill if the check for payment is returned unpaid
due to insufficient funds, closed account or stop payment. If it be-
comes 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 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 Water rates, charges or fees are due and pay-
able to the town upon billing. This fee shall be added to a cus-
tomer's water bill if any water rates, charges or fees are not paid in
full by the next billing date.
H. Vacation service 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 set -up fee shall be assessed in addition to a
security deposit on all hydrant meter installations. There will be an
additional fee for all hydrant meter relocations.
J. Standpipe fees A new service set -up fee shall be assessed in ad-
dition to any other fees in the fee schedule. There will be an addi-
tional fee to replace a standpipe card.
MARANA TOWN CODE 14 -19
{00021360. DOC I}
Ordinance No. 2009.13 corrected the last sen-
tence of paragraph C
Ordinance No. 2007.31 added the last sen-
tence of paragraph E
Ordinance No. 2007.31 added paragraphs 1
and J
7/12/2010
Title 14. Water
CHAPTER 14 -8. EMERGENCY WATER CONSERVATION
RESPONSE
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.
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 me-
dia, 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
sprinkler systems or otherwise may take place.
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 agri-
cultural 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.
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.
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
MARANA TOWN CODE 14 -20 711212010
{00021360. DOC I}
Title 14. Water
emergency. Upon declaration of a water emergency, the town
manager shall report in writing to the council providing the reasons
for and expected duration of the emergency and describing imple-
mentation 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 pres-
sure of water delivery in compliance with Arizona Department of
Environmental Quality standards or regulations, or fire flow re-
quirements, 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
absence 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.
14 -8 -6 Mandatory emergency water conservation measures
A. Upon declaration of a water emergency and notification to the pub-
lic, the following mandatory restrictions upon nonessential users
shall be enforced as to the customers of the water utility system for
which the water emergency was declared:
1. All outdoor irrigation, except for those areas irrigated with re-
claimed water or water provided by an irrigation district for agri-
cultural use, is prohibited. If the town manager deems it appro-
priate, a schedule designating certain outdoor watering days
may be implemented in place of the irrigation ban.
2. Washing of sidewalks, driveways, parking areas, tennis courts,
patios, or other paved areas with water from any pressurized
source, including garden hoses, except to alleviate immediate
health or safety hazards, is prohibited.
3. The outdoor use of any water -based play apparatus connected
to a pressurized source is prohibited.
4. Operation of water - cooled space and equipment cooling sys-
tems below an operating efficiency level of two cycles of con-
centration is prohibited.
MARANA TOWN CODE
{00021360. DOC I}
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7/12/2010
Title 14. Water
5. Restaurants and other food service establishments are prohib-
ited from serving water to their customers unless water is spe-
cifically requested by the customer.
6. The operation of outdoor misting systems used to cool public
areas 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 requir-
ing frequent washing to protect public health, safety and wel-
fare.
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.
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
water utility may disconnect the service where the violation oc-
curred. A fee in an amount established by a fee schedule adopted
by the council and amended from time to time shall be imposed for
the reconnection of any service disconnected pursuant to noncom-
pliance, 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 indi-
vidual or corporation convicted of violating provisions of this chap-
ter 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 ser-
vice within the town.
MARANA TOWN CODE 14 -22
{00021360. DOC I}
Ordinance No. 2009.11 amended paragraph 8
by adding reference to the comprehensive fee
schedule and deleting the specific reconnection
fee amount
7/12/2010
Title 14. Water
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
to conform
14 -9 -1 Purpose
A. To protect the public potable water supply of the town municipal
water system from the possibility of contamination or pollution by
preventing 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.
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, pol-
lution 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
sufficient to protect against the potential degree of hazard to the
public potable water supply from the customer's water system.
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 de-
termined 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
danger to the health and well -being of potable water custom-
ers.
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
MARANA TOWN CODE 14 -23 711212010
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Title 14. Water
supply system or which may have a protracted negative effect
on the quality of the potable water in the system.
4. Pollution an actual or potential threat to the physical facilities of
the public potable water supply system or to the public potable
water supply which, although not dangerous to health, would
constitute a nuisance or be aesthetically objectionable, or could
cause damage to the system or its appurtenances.
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
approved 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
containing two independently acting approved check valves to-
gether with a hydraulically operating, mechanically independent
pressure 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 com-
posed of two independently acting, approved check valves, in-
cluding tightly closing shut off valves located at each end of the
assembly 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.
MARANA TOWN CODE
{00021360. DOC I}
14 -24
7/12/2010
Title 14. Water
14 -9 -5 Backflow prevention methods required
A. Whenever the following items exist or activities are conducted on
premises served by the public potable water system, a potential
hazard to the public potable water supply shall be presumed, and a
backflow prevention method of the type specified in this section for
that item or activity must be utilized or installed at each service
connection for that premise. The type and size of the assembly
shall be determined by the town:
1. Cooling tower, boiler, condenser, chiller, and other cooling sys-
tems utilizing potable water: RPA
2. Tank, vessel, receptacle, and all other water connections in-
cluding mobile units without approved air gap (except emer-
gency 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 ex-
posed 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, in-
frequent in home applications): RPA
16. Materials and piping systems unapproved by the uniform
plumbing code (UPC) or environmental protection agency
(EPA) for potable water usage (for fire systems see section 14-
9 -5A.20 and 22 below); for contaminant: RPA; for pollutant:
RPA
MARANA TOWN CODE
{00021360. DOC I}
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Title 14. Water
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
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 depart-
ment 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 con-
nection that is located on the same premises, both service
connections will have adequate backflow protection for the
highest degree of hazard affecting either system: RPA (re-
quirement 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 pre-
vention 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 back-
flow prevention methods shall be as follows:
1. Air gap (most restrictive)
2. RPA
3. DCVA
4. PVB (least restrictive)
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 con-
nection. The assembly shall have a diameter at least equal to the
diameter 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-
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Title 14. Water
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 pre-
vention method without the approval of the town municipal water
system
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 sprinkler systems with fire department pumper connec-
tions.
B. A meter (compound, detector check) should not normally be per-
mitted as part of a backflow prevention assembly. An exception
may be made, however, if the meter and backflow prevention as-
sembly are specifically designed for that purpose.
C. For cross - connection control, fire protection systems shall be clas-
sified 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
installed in the connections from the street mains. Booster
pumps do not affect the potability of the system; it is necessary,
however, 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 potable condition.) Otherwise, class 3 systems
are the same as class 1 systems. Class 3 systems will gener-
ally 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
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(air gap or RPA) will generally depend on the quality of the aux-
iliary supply.
5. Class 5 : directly supplied from public mains, and intercon-
nected with auxiliary supplies, such as pumps taking suction
from reservoirs 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.
6. Class 6: combined industrial and fire protection systems sup-
plied 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.)
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.
14 -9 -9 Permit required
A. Installation: Installation permits for the installation of all backflow
prevention assemblies required by the town municipal water sys-
tem shall be obtained from the town municipal water system prior
to installation. A separate permit shall be obtained for each re-
quired backflow prevention assembly to be installed, including re-
placement.
B. Notification: It shall be the duty of the person doing the work au-
thorized by the permit to notify the town municipal water system,
orally or in writing, that the work is ready for inspection. The notifi-
cation shall be given not less than 24 hours before the work is to
be inspected 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 no-
tice in writing served on any persons engaged in or causing the
work to be done, and the person shall forthwith stop work until au-
thorized by the town municipal water system to resume work.
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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.
14 -9 -10 Test; maintenance; records
A. The customer shall test and service backflow prevention assem-
blies at least once a year. If the testing reveals the assembly to be
defective 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 as-
sembly to satisfactory operating condition.
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
satisfactory 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 sus-
pended for improper testing, maintenance, reporting or other im-
proper practices.
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
service status.
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.
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,
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or that an unprotected cross - connection exists in the customer's
water system, the water service to that service connection shall be
disconnected if the situation is not remedied within the time speci-
fied in the notice sent to the customer as required by this section.
The service 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
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
approximately 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.
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 munici-
pal 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.
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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
Ordinance No. 98.19 was adopted on Sep -
these amendments to the town code. Notwithstanding the forego-
tember 15, 1998 and became effective on
October 15, 1998
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
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 shall be
Ordinance No. 2009.11 amended paragraph
waived by the town municipal water system for retrofit premises
C by deleting a cross - reference to section
only.
14 -9 -15
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.
14 -9 -15 Fees
Section 14 -9 -15 was amended by Ordinance
No. 2007.31 and Ordinance No. 2009.11,
The fee for any permit required pursuant to the terms of this chapter
which replaced the specific fee amount with a
shall be established by a fee schedule adopted by the council and
reference to the comprehensive fee schedule
amended from time to time.
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
chapter 14 -9, but was renumbered by Ordi-
14-10-1 Installation and repair by individuals prohibited
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.
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.
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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.
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.
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,
fences, trees or fixtures or property appertaining to the water utility of
the town.
14 -10 -6 Penalties
Section 14 -10 -6 was adopted by Ordinance
Any violation of this title except as otherwise designated for a particular
No. 98.19
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
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.
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
Ordinance No. 98.19 replaced "the town's wa-
at least 15 days before the hearing. Any proposed change in water
ter customers" with "the town of Marana mu-
rates shall also require notice of the hearing to be provided in the wa-
nicipal water system's customers." Ordinance
ter bills of the town municipal water system's customers sent to the
No 2005.22 deleted "of Marana."
customers at least 15 days prior to the hearing.
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Title 15
Marana Regional Airport
CHAPTER 15 -1.
CHAPTER 15 -2.
CHAPTER 15 -3.
CHAPTER 15 -4.
CHAPTER 15 -5.
CHAPTER 15 -6.
GENERAL .............................................................................. ...........................15 -1
AIRCRAFT OPERATIONS .................................................... ...........................15 -5
FUELING OPERATIONS ...................................................... ...........................15 -8
MOTOR VEHICLE OPERATIONS ....................................... ..........................15 -10
MISCELLANEOUS ............................................................... ..........................15 -12
VIOLATIONS ........................................................................ ..........................15 -14
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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
changed to "Marana Regional Airport" by Or-
15 -1 -1 Definitions
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 reorganized by Ordinance No. 2005.22.
rang Northwest Regional Airport, formerly known as Avra Valley
Airport.
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
airport, including without limitation any and all leased spaces, air-
craft, motor vehicles and buildings located at or on the airport prop-
erty.
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 land-
ing 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.
15 -1 -2 Applicability
Unless a particular regulation states otherwise, the regulations set
forth in this title shall apply only on the airport property.
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 con-
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ditioned upon compliance with this title and any rules, regulations
or minimum operating standard promulgated under this title.
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 do-
ing business with the airport, or any other person shall be deemed
to constitute an agreement by that person to comply with all of the
following:
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.
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 applica-
tion.
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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 pro-
cedures, as appropriate, upon determining that conditions are un-
favorable for aircraft operations.
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.
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.
15 -1 -8 Conflicting laws, ordinances, regulations and contracts
The reformatted Town Code adopted by Or-
dinance No. 2005.22 incorrectly numbered
A. Whenever a provision of this title, rules and regulations, minimum
this section as 15 -1 -5. The town attorney re-
operating standards, or rates and fees schedule adopted under this
numbered it 15 -1 -8 as a scrivener's correc-
title is or is determined to be in conflict with an other p rovision of
y p
tion, under authority confirmed by Ordinance
No. 2008.16
this title, regulations adopted under this title, or any zoning, build-
ing, 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 or-
dinances, except those specifically repealed by this title, or to ex-
cuse 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 exist-
ing or future town contract, lease, agreement or other contractual
arrangement.
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 gov-
ernmental arrangements shall be subordinate to the provisions of
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Title 15. Marana Regional Airport 0
any existing or future agreement with the United States or the state
to which the town is a party relating to the operation and mainte-
nance of the airport.
15 -1 -9 General rules of conduct
The reformatted Town Code adopted by Or-
dinance No. 2005.22 incorrectly numbered
A.
No person shall do any of the following:
this section as 15 -1 -6. The town attorney re-
numbered it 15 -1 -9 as a scrivener's correc-
1. Commit any criminal act or nuisance.
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 simi-
lar 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 "explo-
sive" include any "deadly weapon," "explosive," "firearm" or "prohib-
ited 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.
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Title 15. Marana Regional Airport
M. No person shall do any of the following without the express au-
thorization of the airport director:
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 pub-
lic.
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
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
airport 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.
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15 -2 -2 Runways, taxiways, aprons and helipads
A. No person shall
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
emergency, 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 destina-
tion.
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.
15 -2 -3 Hangars, tiedowns and storage
A. No person shall:
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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,
3. Park or store an aircraft except in areas designated by the air-
port 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
director or as published, or
2. Where the aircraft's weight exceeds the maximum approved
weight restriction for that area as specified by the airport direc-
tor 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
expense, 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 air-
craft 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.
15 -2 -4 Aircraft maintenance
A. Preventive maintenance, as defined in title 14 code of federal regu-
lations part 43, appendix A(c), may be performed by the aircraft
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 han-
gar 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.
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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.
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.
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 regula-
tions part 103 at, onto or from the airport without the prior written ap-
proval of the airport director.
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.
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,
subject to accident investigation requirements.
D. Aircraft accidents that are subject to accident investigation re-
quirements 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
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 de-
fueling.
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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,
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 inspec-
tion 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 con-
dition and must be properly grounded to prevent ignition of volatile
liquids.
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:
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1. Pay a flowage fee as established in the airport rates and
charges,
2. Provide the airport director with monthly fuel purchase and de-
livery 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.
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 part-
nership, 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
liability 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
15 -4 -1 General
A. No person shall
1. Operate any motor vehicle in violation of this title or rules
promulgated 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,
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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 au-
thorized 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,
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.
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.
15 -4 -3 Motor vehicle parking and storage
A. No person shall
1. Park or stand a motor vehicle except in an area specifically
designated 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,
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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
airport with:
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.
D. Mini - mobiles or other similar types of storage containers are per-
mitted only upon approval of the airport director.
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
15 -5 -1 Hazardous materials and explosives
A. No person shall
1. Store any combustible materials, flammable liquids, or other
hazardous materials in an aircraft hangar or other building ex-
cept in locations and containers approved by NWFD,
2. Park an aircraft which is carrying explosives or inflammable
material,
3. Use a flammable volatile liquid having a flash point of less than
100 degrees Fahrenheit to clean an aircraft, aircraft engine,
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propeller, 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
material (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 hazard-
ous areas and in which all exit facilities are approved and main-
tained 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 direc-
tor.
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.
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 de-
vice 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.
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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
title.
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 opera-
tional area specified by the airport director shall supply and main-
tain adequate 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.
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
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.
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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 .............................................................................. ...........................16 -1
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Title 16. Utilities Board .
TITLE 16. UTILITIES BOARD
CHAPTER 16 -1. GENERAL
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.
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.
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, man-
age and operate the water, wastewater, street lights, electric
and other utility functions of the town in accordance with the
provisions 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 su-
pervision of the town manager. The chair of the utilities board, on
behalf of the board, shall consult with the town manager with re-
spect 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
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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 high-
ways" 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
town code section 1 -4 -5
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 town code section 1 -4 -5
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
2009.10
6 -2 -2009
6 -2 -2009
Amended section 2 -3 -1 (vice mayor) to expand the time for
selection from 20 days to June 30 following the date of the
general election
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Appendix. Table of Revisions
ORDINANCE
ADOPTED
EFFECTIVE
DESCRIPTION
2009.11
6 -9 -2009
7 -10 -2009
Replaced specifically- stated fees throughout the town code
with references to the separately- adopted comprehensive fee
schedule, modifying sections 5 -6 -1, 6 -2 -8, 6 -2 -9, 6 -2 -12,
9 -1 -3 9 -2 -8 9 -6 -7 9 -7 -2 10 -5 -3 12 -5 -3 14 -5 -2 14 -6 -2
14 -6 -6 14 -6 -11 14 -6 -12 14 -7 -1 14 -7 -2 14 -7 -3 14 -8 -8
14 -9 -14, and 14 -9 -15
2009.13
6 -23 -2009
7 -10 -2009
Corrected the last sentence of section 14 -7 -3 (C)
2009.14
6 -23 -2009
6 -23 -2009
Transferred licensing duties from the town clerk to the license
inspector by deleting the word "clerk" from sections 9 -1 -1 (A),
9 -1 -2 (B) 9 -1 -5 (B) 9 -1 -10 (A), 9 -2 -6 (B) 9 -2 -8 (B) 9 -6 -2 (L),
and 9 -6 -5 (E)(10); replacing "town clerk" with "license inspec-
tor" in sections 9 -1 -1 (C)(3), 9 -1 -2 (A), 9 -1 -3 (D), 9 -1 -3 (G),
9 -1 -10 (D), 9 -1 -12, 9 -2 -2 (A), 9 -2 -4 9 -2 -6 (A), 9 -2 -8 (C)
9 -2 -8 (F) 9 -2 -9 9 -2 -11, 9 -2 -12 (A), 9 -2 -12 (C), 9 -6 -5 (A),
9 -6 -5 (F), 9 -6 -6 9 -6 -10, 9 -6 -12, 9 -6 -14, 9 -6 -15 9 -6 -16, and
9 -6 -21; and amending sections 9 -1 -6 and 9 -1 -10 (C).
2009.15
7 -21 -2009
8 -21 -2009
Prohibited smoking in certain town park areas by adding sub-
paragraph 18 to section 13 -1 -3.
2009.18
8 -4 -2009
8 -4 -2009
Revised the provisions relating to board, commission and
committee appointments and terms of office by amending sec-
tions 2 -6 -2 and 2 -6 -3.
2009.24
12 -1 -2009
12 -1 -2009
Amended section 4 -1 -4 ( "Departmental rules and regulations)
by deleting the requirement for town council approval and by
adding the last two sentences, relating to compliance with fed-
eral, state, and town ordinances and regulations.
N/A
N/A
1 -5 -2010
January 5, 2010 scrivener's error correction to section
11 -5 -4 (1), correcting a wayward cross - reference, under the
authority of town code section 1 -4 -5
2009.25
12 -15 -2009
12 -15 -2009
Corrected the licensing duties revisions made by Ordinance
No. 2009.14 in sections 9 -1 -5, 9 -6 -11, and 9 -6 -12
2010.01
1 -5 -2010
2 -5 -2010
Added chapter 1 -9 ( "Code compliance ")
2010.02
1 -5 -2010
2 -5 -2010
Revised chapter 5 -7 relating to the municipal court procedures
and sanctions for civil violations of the town code
N/A
N/A
3 -31 -2010
March 31, 2010 scrivener's error correction to the numbering
of sections5 -7 -7 through 5 -7 -11 as inadvertently renumbered
by Ordinance No. 2010.02, under the authority of town code
section 1 -4 -5
2010.06
5 -4 -2010
6 -4 -2010
Revised section 2 -5 -5 ( "Effective date of ordinances, resolu-
tions and franchises ") by amending the title and adding "which
is subject to voter referendum" in the first sentence of para-
graph A
N/A
N/A
5 -17 -2010
May 17, 2010 scrivener's error correction to the cross -
referencing in sections 11 -10 -4 (A) and (A) (1) and
11 -10 -5 (A), under the authority of town code section 1 -4 -5
N/A
N/A
7 -12 -2010
July 12, 2010 scrivener's error correction to delete a cross -
reference to a deleted chapter in section 9 -9 -3, under the au-
thority of town code section 1 -4 -5
N/A
N/A
7 -12 -2010
July 12, 2010 scrivener's revisions to entire code to use auto-
matic numbering for sections and automatic cross - referencing.
The word "Section" was deleted from the title of each section,
and subsection cross - reference formats were standardized.
Standardizations by authority of town code section 1 -4 -5
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