HomeMy WebLinkAboutMarana Town Code Revised as of 11/19/2013OFFICIAL 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 2005.22, with revisions through Ordinance
2013.026, adopted November 19, 2013 and effective December 20, 2013.
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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. UTILITIES
TITLE 15. MARANA REGIONAL AIRPORT
TITLE 16. UTILITIES BOARD
APPENDIX. TABLE OF REVISIONS
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Title 1
General
TITLE 1. 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
SECTIONHEADINGS ..................................................................... ............................1 -4
EFFECT OF REPEAL ........................................................................ ............................1 -4
SEVERABILITY OF PARTS OF THE CODE ................................. ............................1 -4
PENALTY .......................................................................................... ............................1 -5
CODECOMPLIANCE ..................................................................... ............................1 -5
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Title 1. General
TITLE 1. GENERAL
Title 1 was adopted by Ordinance 95.31
CHAPTER 1 -1. HOW CODE DESIGNATED AND CITED
The ordinances embraced in the following titles and sections shall con-
stitute and be designated "the code of the town of Marana, Arizona,"
and may be so cited. This code may also be cited as the "Marana 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 ap-
propriate 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
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 and rules
p
quires otherwise, the following terms shall have the following
of interpretation, simplified the language, deleted
meanings:
definitions of words not used in the code, and
added definitions of "fire chief' and "fire depart -
1. "Code" means the town code of the town of Marana, Arizona,
ment"
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 follow-
ing 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
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MARANA TOWN CODE 1 -1 1212012013
Title 1. General
the words "swear" and "sworn' shall be equivalent to the
words "affirm" and "affirmed."
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,
individual, partnership, joint stock company, joint venture,
trust, corporation, limited liability company, society, syndicate,
business or other legally recognized entity, private or public,
whether for-profit or not-for-profit.
12. "Personal property" includes every type of property except re-
al 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 signa-
ture 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 po-
lice powers or other regulatory powers as authorized by stat-
ute.
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, commission,
committee, office, officer or employee, it shall mean a depart-
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MARANA TOWN CODE
1 -2
12/20/2013
Title 1. General
ment, board, commission, committee, office, officer or employ-
ee of the town of Marana unless the context requires otherwise.
3. Words of the masculine gender include the feminine, words in
the singular include the plural and words in the plural include
the singular.
4. Words purporting to give joint authority to a group of three or
more town officers or other persons shall be construed as 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
midnight, shall be excluded.
7. A reasonable time means the amount of time needed for
prompt performance.
8. Whenever any notice, report, statement or record is required or
authorized, it shall be made in writing in the English language.
CHAPTER 1 -4. REFERENCE TO CODE; CONFLICTING
PROVISIONS; SCRIVENER'S ERRORS The title of chapter 1 -4 was amended by Or-
dinance 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 ti-
tle, the provisions of the section which is last in numerical order shall
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MARANA TOWN CODE 1 -3 1212012013
Title 1. General
prevail unless that construction is inconsistent with the meaning of
that title.
1 -4 -5 Authority to correct scrivener's errors
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 resolu-
tion.
B. For purposes of this section, a scrivener's error includes one or
more of the following:
1. Misspelling.
2. Grammatical error.
3. Numbering error.
4. Cross - referencing error.
5. Inconsistency with the rules of style adopted for the reformat-
ted 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 conven-
ience 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 provid-
ed. The repeal of an ordinance shall not affect any punishment or pen-
alty incurred before the repeal took effect or any suit, prosecution or
proceeding pending at the time of the repeal, for any offense commit-
ted 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 unconstitu-
tional for any reason by a court of competent jurisdiction, the unconsti-
tutionality shall not affect any of the remaining provisions of the code.
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MARANA TOWN CODE 1 -4
Section 1 -4 -5 was added by Ordinance
2008.16
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Title 1. General
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 offense.
1 -8 -2 Traffic violations
Any violation of or failure or refusal to do or perform any act required
by title 12 of this code or title 28, Arizona revised statutes constitutes a
civil traffic violation. Civil traffic violations are subject to the provi-
sions of title 28, title 6, chapters 20 and 21, Arizona revised statutes
and amendments to them.
CHAPTER 1 -9. CODE COMPLIANCE Chapter 1 -9 was added by Ordinance
2010.01
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 are-
as of the town code, the land development code or any other town or-
dinance 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
violations of the town code, the land development code or any town
ordinance 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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MARANA TOWN CODE 1 -5 1212012013
Title 2
Mayor and Council
TITLE 2. MAYOR AND COUNCIL
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.
COUNCIL .......................................................................................... ............................2 -1
COUNCILELECTION ..................................................................... ............................2 -2
MAYOR AND VICE MAYOR ......................................................... ............................2 -6
COUNCILPROCEDURE ................................................................. ............................2 -7
ORDINANCES, RESOLUTIONS AND CONTRACTS ............... ...........................2 -16
SPECIAL AND STANDING BOARDS, COMMISSIONS
ANDCOMMITTEES ....................................................................... ...........................2 -17
[RESERVED] ..................................................................................... ...........................2 -19
[RESERVED] ..................................................................................... ...........................2 -19
[RESERVED] ..................................................................................... ...........................2 -19
INDEMNIFICATION OF OFFICERS AND EMPLOYEES ......... ...........................2 -19
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Title 2. Mayor and Council
TITLE 2. MAYOR AND COUNCIL
Title 2 was adopted by Ordinance
CHAPTER 2 -1. COUNCIL
96.13
2 -1 -1 Elected officers
The elected officers of the town shall be a mayor and six council mem-
Section 2 -1 -1 was amended by Ordinance
bers. The mayor and council members shall constitute the council and
99.11, providing for direct election of the
shall continue in office until assumption of duties of office by their du-
mayor.
ly elected successors. The mayor and council members shall serve
four -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 Ordinance 99.11.
Members of the council shall assume the duties of office immediately
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 99.11
A. The council shall fill by appointment for the unexpired term any
vacancy 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 para-
graph 3, which provided for interviews of coun-
will be conducted by making a motion to appoint a certain in-
cil candidates at a public meeting, renumbered
dividual to the vacant council seat to fulfill the remaining term,
former paragraph 4 as paragraph 3, and re-
and if the motion fails for lack of a second or majority vote
placed the words "At the same council meeting
there ma y thereafter be a subsequent oon or a t ti f different or
or any council meeting thereafter with
Thereafter at the beginning of paragraph 3
the same individual. The council may continue making mo-
tions until a motion to appoint an applicant to the vacant seat is
successfully 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.
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MARANA TOWN CODE 2 -1 1212012013
Title 2. Mayor and Council
1. If the vacancy in the mayor's position occurs more than
18 months following the commencement of the terms, the ap-
pointed mayor shall complete the elected mayor's term.
2. If the vacancy in the mayor's position occurs within 18 months
following the commencement of the term, then the town shall
schedule a special election for mayor to occur at the next pri-
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
Immediately prior to assumption of the duties of office, the mayor and
each council member shall take and subscribe to the oath of office.
2 -1 -6 Bond
A. Unless bonded pursuant to a blanket bond as provided in para-
graph B of this section, prior to taking office, the mayor and every
council member shall execute 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 wrongful act or default of the
officer in the officer's official capacity. A person so injured or ag-
grieved 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.
B. In lieu of the requirements of paragraph A above, the town may
obtain 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
The compensation of elective officers of the town shall be fixed from
time to time by resolution of the council.
CHAPTER 2 -2. COUNCIL ELECTION
2 -2 -1 Primary election; date; declaration of elected candidate
A. The date of the primary election of the town shall be the tenth
Tuesday before the first Tuesday after the first Monday in Novem-
ber of even - numbered years.
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MARANA TOWN CODE 2 -2
Ordinance 99.32 deleted the words "in public"
between "shall" and "take" in section 2 -1 -5
Ordinance 2013.016 split section 2 -1 -6 into sub-
paragraphs and added the first clause to each sub-
paragraph.
Section 2 -1 -8 was rewritten by Ordinance
2002.23. The previous version provided for no
compensation except expense reimbursement.
Resolution 2008 -86 fixed the monthly salaries at
$1,875 for the Mayor and $1,767 for the Vice
Mayor, effective July 1, 2011, and $1,742 for
Council members, effective July 1, 2009
Ordinance 2013.019 split section 2 -2 -1 into sub-
paragraphs, added subparagraph A, and modified
the section title, to conform to the 2012 revisions
to A.R.S. § 16 -204
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Title 2. Mayor and Council
B. 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 further 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; date; candidates
Ordinance 2013.019 split section 2 -2 -3 into sub-
paragraphs, added subparagraph A, modified sub -
A. A general election of the town shall be held on the first Tuesday af-
paragraph B, and modified the section title, to
ter the first Monday in November of even - numbered years.
conform to the 2012 revisions to A.R.S. § 16 -204
B. If at any primary election there is any office for which no candidate
is elected, then as to that office the election shall be considered to
be a primary election for nomination of candidates for that office,
and a general election of the town shall be held to vote for candi-
dates to fill that office. Candidates to be placed on the ballot at the
general election shall be those not elected at the primary election,
and shall be equal in number to twice the number to be elected to
any given office or less than that number if there are less than that
number named on the primary election ballot. Persons who receive
the highest number of votes for the respective offices at the prima-
ry election shall be the only candidates at the general election, pro-
vided that if there is 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 of-
fice.
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 Assumption of office
Ordinance 2013.019 added section 2 -2 -5 and re-
Upon election, the mayor and council members shall assume the du-
numbered the remaining sections in chapter 2 -2 to
ties of office at the next regularly scheduled council meeting following
conform.
the date of the canvass of the general election or, if no general election
is held, at the next regularly scheduled council meeting following the
date the general election would have been held.
2 -2 -6 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
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MARANA TOWN CODE 2 -3
1212012013
Title 2. Mayor and Council
candidate files a nomination paper. The statement shall contain such
information as required by state law and resolution of the council.
2 -2 -7 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, immediate-
ly 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.
D. The following procedures relating to sample ballots and publicity
pamphlets are hereby adopted for conducting elections at which
an initiative or referendum is to be voted upon:
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 p.m. not less than 90 days prior to the election at which the
propositions are to be voted upon. Arguments supporting or
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MARANA TOWN CODE
2 -4
Section 2 -2 -7 was added by Ordinance 97.26, which
also renumbered the remaining sections of chapter
2 -2 to conform
Ordinance 99.32 deleted "Power Reserved; Time of
Election" from the beginning of paragraph A
Ordinance 99.32 deleted "Sample Ballots and Pub-
licity Pamphlets" from the beginning of para-
graph D
Ordinance 2011.25 inserted 90 days in place
of 60 days in paragraph (D)(3). See Ordi-
nance 98.15 for prior history.
12/20/2013
Title 2. Mayor and Council
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 re-
fer and indicate whether the argument is in support of or in
opposition 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 2009.11 amended subparagraph
proportional costs of printing, in an amount established by (D) (3) (O by adding reference to the comprehensive
a fee schedule adopted by the council and amended from fee schedule and deleting the specific printing cost
time to time. This requirement shall not be waived on an fee amount
q Y
account.
2 -2 -8 Automatic recount
A. When the canvass of returns in a special, primary or general town
election shows that the margin between the successful candidate
receiving the least number of votes and the unsuccessful candidate
receiving the greatest number of votes for council, or the margin
between the number of votes cast for and against initiated or re-
ferred measures, does not exceed five votes, a recount of the vote
upon those candidates, measures or proposals shall be required.
B. When the canvass shows that a recount is required, the council
shall forthwith certify the facts requiring a recount to the Pima
County superior court.
C. Upon the court announcing the results of the election recount and
entering an order setting forth its determination as required under
A.R.S. § 16 -665, the town clerk shall forthwith deliver to the candi-
date entitled to them, as certified by the court, the certificate of
election.
2 -2 -9 Eligibility for office
A person shall not be a member of the town council unless, at the time
of election, the person is 18 years old or older, is a qualified elector re-
siding 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
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MARANA TOWN CODE 2 -5 1212012013
Title 2. Mayor and Council
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 b Ordinance 99.11
p y
2 -3 -1 Vice mayor
After their election and ualification, but in any t later than
q y even no er
Ordinance 2009.10 amended the first sentence of
section 2 -3 -1 by expanding the time for selection
December 31 following the date of the general election, or, if no gen-
from 20 days to June 30. Ordinance 2013.019
eral election is held, following the date the general election would
revised it to December 31.
have been held, the council members shall choose a vice mayor from
among their number by majority vote. The vote will not be by nomina-
tion 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 subse-
quent motion for a different or the same individual. The council will
continue making motions until a motion 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, dis-
qualification 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 coun-
Ordinance 99.32 amended section 2 -3 -2 by adding
cil may designate another of its members to serve as acting mayor who
the words "the mayor, the vice mayor shall act as
the mayor. In the absence of
shall have all the powers, duties and responsibilities of the mayor dur-
ing 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 section 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 re-
moval of the vice mayor the council shall select a replacement as pro-
vided 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.
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MARANA TOWN CODE 2 -6 1212012013
Title 2. Mayor and Council
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 gov-
ern by proclamation and impose all necessary regulations to pre-
serve 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 assistance.
F. The mayor shall perform the other duties required by state statute
and this code as well as those duties required as chief executive of-
ficer of the town.
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 mem-
bers 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
ordinance, resolution, contract, warrant, demand or other document or
instrument 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
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, except that when the day fixed for any regular meet-
ing of the council falls upon a day designated by law as a legal hol-
iday or election day, the meeting shall be held on the next succeed-
ing day which is not a holiday, unless otherwise set by action of
the council. Upon consultation between the mayor and the town
manager, any meeting which is determined to be unnecessary may
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MARANA TOWN CODE 2 -7
Ordinance 2012.09 amended section 2 -4 -1 to con-
form to open meeting law revisions and current
council practice. Ordinance 2011.08 amended
paragraph A by establishing procedures to cancel
and reschedule meetings. Capitalizations in the
last three sentences of paragraph A were revised as
scrivener's errors by the town attorney by authori-
ty of section 1 -4 -5 to conform to the stylistic con-
ventions set forth in Ordinance 2005.22
12/20/2013
Title 2. Mayor and Council
be cancelled. The town clerk shall issue a notice of cancellation
which shall be posted in the usual manner. Additional meetings,
including, without limitation, special meetings and study sessions,
shall be scheduled as needed upon request to the town clerk by the
mayor, three council members or the town manager. Additional
meetings shall be noticed and agendized in accordance with the
provisions of this code and applicable state statutes.
B. All meetings of the council shall be held at the Marana Town Hall,
11555 West Civic Center Drive, Marana, Arizona, unless otherwise Ordinance 2005.22 revised the address
designated.
C. Members of the council and the public shall be given at least 24
hours' notice of all council meetings as set forth in the open meet-
ing law, except in the case of an actual emergency. Notice shall be
posted on the town's website and in such other locations as listed
on the town's website and as are reasonable and practicable. In the
case of an actual emergency, a meeting may be held upon such no-
tice as is reasonable under the circumstances. Notice in this para-
graph is intended to mean a complete agenda of the meeting, in-
cluding the type of meeting, and the location, date and time of the
meeting.
D. Written minutes shall be taken of each council meeting, and if re-
cording equipment is available, each council meeting shall also be Ordinance 2005.22 deleted "tape" before "recorded"
recorded. These provisions shall not apply to executive sessions,
which are governed elsewhere in this code.
2 -4 -2 Agenda preparation and distribution Section 2 -4 -2 was rewritten by Ordinance 99.32
A. Agendas for town council meetings shall be prepared by the agen-
da 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 absence
of the mayor, the vice mayor shall serve in his or her stead. The
agenda committee shall review, adjust and agree to the items on
each agenda. Although the agenda committee shall formulate each
agenda, the final determination of what will be placed on an agen-
da will be in the sole discretion of the mayor, except as provided in
the following subsections.
B. Notwithstanding the mayor's discretion of what items to place on
the agenda, if three or more council members request an item to be The wording of paragraph B was simplified by Or-
dinance 2005.22
placed on the agenda, it must be placed upon the agenda for the
second regular town council meeting after the date of the request.
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 em-
ployee or staff member, it shall be delivered to the town manager,
and if the request is made by a council member or member of the
public, it shall be delivered to any member of the agenda commit-
tee.
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MARANA TOWN CODE 2 -8 1212012013
Title 2. Mayor and Council
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 re-
view a reasonable time prior to the agenda committee meeting,
and the town manager will work with the department preparing
the materials to ensure that all final materials are submitted to the
town clerk or his or her designee prior to the final preparation of
the council packet. The final agenda will be prepared by the town
clerk, approved 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 par-
ticular 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 town council meetings, although
Paragraph E was revised by Ordinances 2012.09
variations may be made from time to time. For special meetings,
y p g
and 2005.22. The currently used agenda format
was approved by Resolution 2012 -66, adopted on
study sessions, and other meetings, such as joint meetings with
August 7, 2012.
other entities, retreats, subcommittee meetings, and task force
meetings, a relaxed format may be used which excludes many of
the unnecessary items, as long as the format used complies with
the open meeting law.
F. Agenda items requiring action by the council which are generally
routine items, not believed to be controversial, not requiring coun-
cil discussion, or issues already discussed or heard at public hear-
ing for which final adoption by resolution or ordinance is needed
may be contained in a consent agenda. A single motion and af-
firmative vote "to approve the consent agenda" will approve all
items in the consent agenda, including any resolutions or ordi-
nances 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
Ordinance 2005.22 inserted "after the vote fails to
agenda and considered immediately following the consent agenda.
pass the consent agenda" for "thereafter"
If the consent agenda is not passed, the council may discuss and
vote upon each item listed on the consent agenda immediately af-
ter 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.
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 commit-
tee. If the mayor is absent, the vice mayor shall be the presiding of-
ficer 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 temporary presiding officer shall be elected by a majority of
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MARANA TOWN CODE 2 -9 1212012013
Title 2. Mayor and Council
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 relin-
quish 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
Ordinance 99.32 inserted the words "if desired"
the leading of the pledge of allegiance and, if desired, an invoca-
before "an invocation /moment of silence" in para-
tion/ moment of silence. The mayor shall preserve strict order and
graph B
decorum at all regular and special meetings of the council. The
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 coun-
cil 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 sec-
tion and perform other duties as set forth in this section or as di-
rected 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 du-
ty of the sergeant -at -arms to remove any person who violates the
order and decorum of the meeting, as set forth below.
2 -4 -4 Procedures for meetings
The following procedures will generally apply to all regular town
council meetings. For special meetings, study sessions and other meet-
Ordinances 2012.09 and 99.32 revised the un-
numbered introductory paragraph of section 2 -4 -4
ings, such as joint meetings with other entities, retreats, subcommittee
meetings, and task force meetings, relaxed procedures may be used
which exclude any unnecessary items, as long as all procedures com-
ply with 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 de-
"if
signee shall lead the invocation/ moment of silence.
Ordinance 99.32 added the words desired" to
paragraph C
D. Roll call roll shall be called by the town clerk. Any absence which
has been explained to the mayor, town manager, or town clerk in
advance shall constitute an "excused absence ", and any absence
which has not been explained in advance shall be an "unexcused
absence". At the time of taking roll, the mayor shall place into the
record whether a council member's absence is "excused" or "unex-
cused" .
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MARANA TOWN CODE 2 -10 1212012013
Title 2. Mayor and Council
E. Approval of aged the council shall vote to approve the agenda
as written, or shall modify he agenda b moving items or deleting
y g y g g
Ordinance 99.32 deleted two sentences from the end
of paragraph E restricting an item from being con -
items, and shall approve the modified agenda. The council may, by
sidered again at the same meeting in some situa-
majority vote, delete agenda items or consider items out of se-
tions
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 pre-
vious meetings to the council for approval. Council members who
Ordinance 99.32 added the words "of previous
were not present at a previous meeting may abstain from the vote
meetings and although this is not required and
approving those minutes, although this is not required. The coun-
inserted "may" for "shall" in paragraph F. Ordi-
cil may approve multiple minutes by one vote, and if one or more
nance 2005.22 added the last sentence.
council member expressed a desire to abstain from the vote on one
set of minutes, the motion may be to approve the minutes "except
as noted by council member(s) ". Minutes may be consid-
ered as part of the consent agenda.
G. Call to the public persons wishing to address the council on any
issue within the jurisdiction of the council, except for items sched-
Paragraph G was amended by Ordinances
uled for a public hearing at the same meeting, may do so during
2012.09, 2000.21, and 99.32
the call to the public. Each speaker is limited to three minutes. The
mayor or council may limit the total time offered speakers. At the
conclusion of call to the public, individual members of the council
may respond to criticism made by those who have addressed the
council, may ask staff to review the matter or may ask that the mat-
ter 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
Ordinance 99.32 deleted the words "a general"
mentioned in a staff report may not be held unless that item is
before discussion in paragraph H
properly 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 or-
der for an item to be discussed. Unless the council determines that
no report is necessary, staff shall have an opportunity to report on
the issue and will respond to council questions. The council may
take action on any item listed on the agenda, and at any time that
agenda item is before the council a motion may be made as pro-
vided in this chapter.
J. Town manager's and mayor's reports the town manager's and the
mayor's reports may be written or oral. An council member may
y p y y y
Ordinance 99.32 deleted the words "a general"
"discussion"
ask the town manager or mayor about a particular item in his or
before and made other minor wording
revisions in paragraph J
her report, but discussion of any item mentioned in the report may
not 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 99.32 inserted "must be scheduled" in
agrees, he or she will show his or her support. Any item which is
place of "will be scheduled" and "suggested item"
suggested and has support from at least two other council mem-
for item which is suggested in paragraph K
bers must be scheduled for the second regular town council meet-
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MARANA TOWN CODE 2 -11 1212012013
Title 2. Mayor and Council
ing following that meeting unless otherwise provided, and any
suggested item which does not receive support from at least two
other council members may be placed on a future agenda at the
discretion of the mayor or the agenda committee.
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 on-
ly be placed on the agenda if the issue is allowed to be considered
in an executive session pursuant to A.R.S. § 38- 431.03.
B. Under normal circumstances, executive sessions will be attended
Ordinance 99.32 inserted "will" or "shall" in the
f
b the m and council town manager, town attorney and town
Y Y � g � Y
first sentence and added "The mayor may direct or"
clerk. The mayor may direct or a majority of the council may vote
at the beginning of the second sentence of para-
to have other individuals attend the executive session
graph B
C. Executive sessions are not to be recorded, but the town clerk or an
Ordinance 2005.22 deleted " tape" be fore "recorded
other individual appointed by the mayor shall take written
and inserted " the Town clerk or another" for "an"
minutes of executive sessions to document the nature and extent of
in the second clause of paragraph C Ordinance
99.32 inserted or others speci fically permitted by
the discussions. All minutes of executive sessions shall be sealed
law" in paragraph C
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
Ordinance 2005.22 inserted " below" for " herea fter"
for public hearings shall be as set forth below
in the introductory paragraph
A. Calling agenda item The agenda item shall be called by the town
clerk as any other agenda item.
B. Declaration of public hearing the mayor shall declare that the
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 total
time allotted to the public on any issue may be limited by the
mayor or council, but in no event will the public testimony be lim-
ited to less than one hour.
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MARANA TOWN CODE 2 -12 1212012013
Title 2. Mayor and Council
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
"may "shall
closing tatement to rebut the statements made b the p ublic, to of
g Y p �
Ordinance 99.32 inserted for in
paragraph H
f er a compromise, or to otherwise address the issue.
I. Declaration of end of public hearing Unless a majority of the
Ordinance 99.32 inserted " the termination of the
council members object, the mayor shall declare the termination of
public hearing for " public hearing as ended in
the public hearing
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 an business. A q uorum shall consist of a majority f the
p y q y
Ordinance 99.32 inserted "A quorum must in
place of It will be necessary for a quorum to y and
members of the council, excluding vacancies. If a quorum is not
added "excluding vacancies" in paragraph A
present, the meeting shall be called to order, and the only motion
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 member
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 coup
Ordinance 99.32 inserted "may then leave" for
cil member may then leave the room and shall refrain from taking
"shall then leave" in paragraph B
any part in the meeting, discussion, consideration or determination
of that issue. If that issue is not resolved at that meeting, that coun-
cil member shall not discuss the matter with any other council
member until the matter is finally resolved. The member who de-
clared the conflict may return to his or her seat when that agenda
item is completed.
C. Every council member desiring to speak shall address the mayor,
and upon recognition by the mayor, shall confine himself or herself
to the question under debate, avoiding all personalities and indec-
orous 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 oth-
erwise, 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.
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MARANA TOWN CODE 2 -13 1212012013
Title 2. Mayor and Council
F. If a person in the audience wishes to address the council on an is-
sue on the agenda which is not a public hearing, the mayor may
permit the person to speak or may present the request to the coun-
cil. If a majority of the council wishes to hear from the public on
the issue, that person shall be permitted to speak; however, any
public address shall be limited to five minutes per person and as
otherwise restricted by the mayor or council. Written communica-
tions delivered to the mayor before the agenda item was called will
either be read into the record or a copy delivered to each council
member.
G. Any person making personal, impertinent, or slanderous remarks,
or who becomes boisterous while addressing the council, or who
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-
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MARANA TOWN CODE 2 -14
Ordinance 99.32 inserted "may permit the person
to speak or may" for "shall," "five minutes" for
"three minutes," and deleted "by the mayor" after
into the record" in paragraph F
Ordinance 2005.22 rewrote the last sentence of
paragraph F
Ordinance 99.32 inserted "should" for "shall" and
"may" for "shall" in paragraph I
Ordinance 99.32 amended paragraphs J and K by
deleting a sentence at the end of each that stated:
"No more than one amendment to an amendment
shall be permitted."
12/20/2013
Title 2. Mayor and Council
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 vote, any council member requests a roll call vote, the town
clerk shall call roll, and each council member shall state his or her
vote aloud.
O. After the vote, the town clerk shall announce whether the motion
failed or passed. If the vote was unanimous the town clerk shall so
state, and if it was not, the town clerk shall state the individual
votes for the record, stating the number of "aye" and "nay" votes.
If any council member disagrees with the vote as read back by the
town clerk, he or she shall immediately request a clarification or
roll call vote. After the town clerk reads back the individual votes,
silence by any council member displays his or her agreement with
the vote as read.
P. A motion passes if it receives more "aye" votes than the combined
number of "nay" votes plus the number of council members ab-
staining from voting on the motion, except for abstentions based
on conflict of interest. In the case of a tie on any motion, the motion
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 request
that the issue of reconsideration be placed on the agenda for dis-
cussion and possible action, although this request must be made
prior to the start of the next regular town council meeting follow-
ing the meeting at which the action was taken. If such a request is
made, reconsideration will be placed on the agenda for the second
regular town council meeting following the meeting at which the
original action was taken. The agenda will list reconsideration of
the vote as one item, and the re -vote on the issue as a separate
item.
B. When that agenda item is called, the council may discuss the re-
consideration, but a motion to reconsider may only be made by a
council member who voted with the prevailing side of the vote. A
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MARANA TOWN CODE 2 -15
Ordinance 99.32 inserted "their" for "his or her" in
the first sentence of paragraph N
Ordinance 99.32 amended paragraph P by adding
the first sentence, and deleted former paragraph Q
defining "Emergency."" Ordinance 2005.22 rewrote
paragraph P.
Ordinance 2005.22 rewrote paragraph B
12/20/2013
Title 2. Mayor and Council
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 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 admin-
istration of the matters. That person shall have an opportunity to pre-
sent 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
Ordinance 99.32 amended section 2 -5 -2 by insert -
ing "Town" in four places and deleting the words
by the council shall be introduced and sponsored by a member of the
"otherwise, they shall not be considered" at the end
council, except that the town attorney or the town manager may pre-
of ' the paragraph
sent ordinances, resolutions and other matters or subjects to the town
council, and any member of the town council may assume sponsorship
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 99.32.
Ordinance 2010.06 modified the title to add "reso-
A. No ordinance, resolution or franchise which is subject to voter ref-
lutions and franchises" and modified paragraph A
erendum shall become operative until 30 days after its passage by
to add "which is subject to voter referendum"
the council, except measures immediately necessary for the preser-
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MARANA TOWN CODE 2 -16 1212012013
Title 2. Mayor and Council
vation of the peace, health or safety of the town. Such an emergen-
cy measure shall only become immediately operative if it states in
a separate section the reason why it is necessary that it should be-
come 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
measure, 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.
2 -5 -8 Posting required
Every ordinance imposing any penalty, fine, forfeiture or other pun-
ishment 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 jurisdic-
tional boundaries of the town, unless the motion or resolution cre-
ating the board, commission or committee provides otherwise.
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MARANA TOWN CODE 2 -17
12/20/2013
Title 2. Mayor and Council
2 -6 -2 Application, recommendation, appointment and removal
Ordinance 2009.18 substantially rewrote sec-
A. Except for the initial appointment of a new board, commission or
tion 2 -6 -2. See Ordinance 96.13, 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, com-
missions or committees established by the town council. The re-
cruitment and application process developed by the town manager
or designee shall include a public announcement and invitation for
applications and establish a minimum timef rame for receipt of ap-
plications. If the minimum number of applications needed is not
received by the established deadline the town manager or designee
shall continue to receive applications until enough have been re-
ceived 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.
E. At the public meeting concerning the appointment, the town coun-
cil may do one or more of the following:
1. Interview one or more applicants either in public or in an exec-
utive 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
Section 2 -6 -3 was added by Ordinance 2006.25
and revised by Ordinance 2008.15, 2009.18, and
A. All terms of office for members of standing boards, commissions
2011.28
and committees shall be for four years, except that the initial terms
of office for members of any new standing board, commission or
committee shall be staggered so that the terms of no more than a
simple majority of members ends every two years.
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MARANA TOWN CODE 2 -18 1212012013
Title 2. Mayor and Council
B. The terms of office for members of any special boards, commis-
sions and committees shall be as determined by the town council
based on the purpose of the special board, commission or commit-
tee. The motion or resolution creating the special board, commis-
sion or committee shall establish the terms of office for its mem-
bers.
2 -6 -4 Modification by motion or resolution
The town council may by motion or resolution modify any of the pro-
cedures set forth in this chapter where it deems appropriate for a par-
ticular 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 magis-
trates, town employees, and all members of all town boards, commit-
tees, subcommittees, advisory committees and commissions which
protected parties are referred to individually as a "town officer" and
collectively or jointly as "town officials."
2 -10 -2 Indemnification and protection of town officials
A. Any town officer and all town officials shall be exonerated, indem-
nified and held harmless by the town from and against any liabil-
ity or loss in any manner arising out of, or occasioned by, his or her
service 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 in-
terests of the town.
B. The right to indemnification provided for in subsection A of this
section shall extend as well to any claim brought by, or on behalf
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MARANA TOWN CODE 2 -19
Section 2 -6 -4 was added by Ordinance 2006.25
Section 2 -6 -5 was added by Ordinance 2006.25
Ordinance 2006.25 deleted chapters 2 -7 ( " special
committees""), 2 -8 ( " planning and zoning com-
mission"), and 2 -9 ( " board of adjustment ")
Section 2 -10 -1 was rewritten by Ordinance 99.32
12/20/2013
Title 2. Mayor and Council
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 of-
ficer 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 adjudica-
tion of liability but in view of all circumstances of the case, the of-
ficer 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 applica-
tion 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 dis-
position of the action, suit or proceeding upon receipt of an under-
taking by or on behalf of the town officer or official to repay that
amount if it is ultimately determined that he or she is not entitled
to be indemnified by the town as authorized in subsection B of this
section.
F. The coverage afforded by this section shall not apply in any case
where indemnification is not permissible pursuant to any state
statute 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-
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MARANA TOWN CODE 2 -20
12/20/2013
Title 2. Mayor and Council
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 defend
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 pend-
ing 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 precondi-
tion 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 ap-
pointed by the town to defend against any threatened or pending liti-
gation under the provisions of section 2- 10 -21).
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MARANA TOWN CODE 2 -21
Ordinance 99.32 amended section 2 -10 -4 by delet-
ing "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 2005.22.
12/20/2013
Title 3
Administration
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 -15
CHAPTER 3 -4. PURCHASING ................................................................................. ...........................3 -16
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Title 3. Administration
TITLE 3. ADMINISTRATION
Title 3 was adopted by Ordinance 2000.07. Earlier
CHAPTER 3 -1. OFFICERS, DEPARTMENT HEADS, AND
versions were adopted by Ordinance 96.14
and 98.22.
EMPLOYEES
3 -1 -1 Town officers
Section 3 -1 -1 was amended by Ordinance 2005.22
A. There are hereby created, in addition to the mayor and town coun-
and 2006.14. Ordinance 2005.22 added "assistant
cil members the following officers of the town. An officer is de-
g
town manager"" s and combined town clerk and
town marshal. Ordinance 2006.14 added dep-
fined as a person who holds an office of trust, command and au-
uty town manager" and deleted "town marshal."
thority, and the method of appointment or term of the officer has
no relevance 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.
3 -1 -2 Positions appointed by the town council, town manager,
Section 3 -1 -2 was revised by Ordinance 2000.20,
deputy town manager, assistant town managers, general
2001.06, 2001.08, 2003.13, 2006.14, and 2011.03,
managers & department heads
reflecting various changes in administrative posi-
tions, how they are appointed, and to whom they
A. The position of town manager shall be appointed from time to time
report
by the town council, and shall be employed at the will of the town
council. This position shall have no term of office, shall be at -will,
and shall report directly to the town council.
B. The town magistrate shall be appointed by the town council in ac-
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 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, an as-
sistant town manager or a general manager. Each of these positions
shall be appointed from time to time by the town manager. Each of
these positions shall have no term of office, shall be at -will, and
shall work at the pleasure of the town manager.
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MARANA TOWN CODE 3 -1 1212012013
Title 3. Administration
1. Town clerk
2. Town engineer
3. Department heads
4. Special projects manager
5. Assistants to the town manager
6. General managers
7. Director of strategic initiatives
E. All other personnel who are employed under a general manager or
department head shall be hired by the general manager or depart-
ment head, with the approval of the town manager, deputy town
manager or assistant town manager to whom the general manager
or department head reports, and shall work at the pleasure of the
general manager or 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
All offices in the town are divided into classified, unclassified, term -
limited temporary and short -term temporary service. The extent to
which certain personnel rules or provisions apply to particular em-
ployees will depend upon whether those employees are working as
classified, unclassified, term - limited temporary or short -term tempo-
rary employees.
A. Classified service All employees of the town not specifically listed
as an unclassified, term - limited temporary or short -term tempo-
rary employee shall be part of the classified service. Different rules
and policies, however, may be established for different groups of
employees within the classified service. Classified employees are
directed to the personnel manual for direction and employment
protections contained there.
B. Unclassified service Persons comprising unclassified service are
part of a responsive management team that exists to carry out the
goals and policies of the town. 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 sala-
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MARANA TOWN CODE 3 -2
Section 3 -1 -3 was amended by Ordinance
2000.20, 2001.08, 2003.13, 2005.22, 2006.14,
2008.19, 2011.03, and 2011.14
12/20/2013
Title 3. Administration
ry increases if they are provided for in an employment contract du-
ly authorized by the council. The following shall be unclassified
employees:
1. Town manager
2. Deputy town manager
3. Assistant town managers
4. Town clerk
5. Town engineer
6. Town attorney
7. Department heads
8. Special projects manager
9. Assistants to the town manager
10. General managers
11. Deputy chief of police
Ordinance 2013.015 changed "assistant chief of
12. Director of strategic initiatives police" to "deputy chief of police"
C. Term - limited temporary employment This category of employ-
ment is comprised of temporary positions, with work related to a Paragraphs C and D were added by Ordinance
2008.19
specific grant, capital improvement project, technology services
project or other non - routine substantial body of work, for a term of
six to 36 months. Term - limited temporary employees are "at- will"
employees. "At- will" employment is defined as employment that
may be 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 re-
view board procedures. 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 employ-
ees shall receive any general salary increases that may be granted
from time to time. All benefits afforded to classified employees, ex-
cept those specifically excluded by this paragraph, shall be afford-
ed to term - limited temporary 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 re 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.
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MARANA TOWN CODE 3 -3 1212012013
Title 3. Administration
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 tem-
porary employees may be placed in regular classified or un-
classified 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
employment 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 manag-
er or designee. Short -term temporary employees shall not receive
benefits provided to other employees of the town. Short -term tem-
porary 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
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MARANA TOWN CODE 3 -4
Section 3 -1 -4 was amended by Ordinance
2008.19, which changed its title (formerly "Classi-
fication of employees"") and deleted two para-
graphs
12/20/2013
Title 3. Administration
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
appointment of the appointing authority (town council, town manag-
er, or department head) . One person may hold more than one position
and the functions of a town official may be validly performed and dis-
charged by a deputy or another town official, or an otherwise qualified
individual not holding elected office, but employed at the pleasure of
the town council.
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 di-
rect supervisor.
CHAPTER 3 -2. OFFICERS AND OTHER POSITIONS
3 -2 -1 Town manager
A. Office established The position of town manager is hereby created
and established. The town manager shall be appointed by a majori-
ty of the town council on the basis of his or her executive and ad-
ministrative qualifications and his or her knowledge of accepted
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 manag-
er, the town council shall designate an assistant town manager to
perform the duties of town manager.
D. Permanent absence If a town manager is not employed by the
town for any period of time due to resignation, discharge, or for
any other reason, all duties designated in this code to the town
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MARANA TOWN CODE 3 -5
Section 3 -2 -1 was revised by Ordinance 2000.20,
2003.13 and 2006.14
12/20/2013
Title 3. Administration
manager shall be performed by the deputy town manager or any
individual selected by the town council.
E. Removal from office The town manager may be removed by the
town council by a majority of its members. The town manager
must give 30 days written notice of his or her intention to resign,
provided that the town council, upon a majority vote of its mem-
bers, 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 coun-
cil shall designate. The town manager shall be reimbursed for all
sums necessarily incurred or paid by him or her in the perfor-
mance of his or her duties, or incurred when traveling on business
pertaining to the town as approved by the town council by the
adoption of its budget. Reimbursement shall be made only when a
verified itemized claim, setting forth the sums expended for which
reimbursement is requested, has been presented.
G. Powers and duties Except as otherwise provided in this code, the
town manager shall be the chief administrative officer and head of
the administrative branch of the town government and shall be re-
sponsible to the town council for the proper administration of all
affairs of the town. In addition to the general powers as the chief
administrative officer and not as a limitation on them, it shall be
the town manager's responsibility and authority to perform the
following:
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, up-
on which the town council should be informed. Exceptions to
attending meetings of the town council may be granted upon
written request by the town manager and approval by the
mayor;
3. Pursuant to the provisions of section 3 -1 -2, the town manager
shall appoint and, when necessary, suspend or remove the ap-
pointive officers and employees set forth in section 3 -1 -2. All
appointments and removals shall be based upon merit and up-
on the qualifications or disqualifications of the officer or em-
ployee without regard to any political belief or affiliation, and
in coordination with the appropriate department head. The
power of appointment, suspension or removal of the town
magistrate shall be expressly reserved to the town council;
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MARANA TOWN CODE 3 -6
Ordinance 2003.13 amended paragraph 3 by inad-
vertently deleting all but the first sentence. Ordi-
nance 2005.22 restored the second and third sen-
tences but removed "town attorney and" before
"town magistrate" to conform to the establishment
of the town attorney as a town manager- appointed
officer under Ordinance 2003.13.
12/20/2013
Title 3. Administration
4. The town manager shall coordinate the administrative func-
tions and operations of the various departments, boards, com-
missions, committees, divisions and services of the town gov-
ernment, 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,
committees, 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
estimates 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 spec-
ified 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-
partments, divisions or services of the town government;
7. The town manager shall analyze and supervise the functions,
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
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 ser-
vice of the town to the end. The town manager shall make eve-
ry effort to satisfy all residents that their town government is
being operated on their behalf with the highest degree of effi-
ciency;
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 with-
in the limitations of the law;
11. The town manager shall make and keep an up to date invento-
ry of all personal property owned by the town and recommend
to the town council the purchase of new machinery, equipment
and supplies whenever, in his or her judgment, the same can be
obtained at the best advantage, taking into consideration trade
in value of machinery, equipment, etc., in use;
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MARANA TOWN CODE
3 -7
Ordinance 2005.22 amended paragraph 6 to delete
reference to the town manager as purchasing di-
rector, to conform to Ordinance 2002.22
12/20/2013
Title 3. Administration
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 de-
partment, 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.
I. Conduct In the discharge of his or her duties, the town manager
shall at all times endeavor to exercise the highest degree of tact, pa-
tience, 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 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
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
office 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
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MARANA TOWN CODE 3 -8
Section 3 -2 -2 was added by Ordinance 2006.14
12/20/2013
Title 3. Administration
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 request-
ed, 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
manager's powers and duties set forth in section 3 -2 -1H.
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 offi-
cial action of the town council. It is not intended by this chapter to
grant any authority to, or impose any duty upon, the deputy town
manager 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
government of the town to the end that the highest possible stand-
ards of public service shall be continuously maintained.
3 -2 -3 Assistant town manager
A. Office established The position of assistant town manager is here-
by created and established. One or more assistant town managers
shall be appointed by the town manager, consistent with budget
authority approved by the town council, and shall perform the du-
ties of the office of the town manager as delegated under the gen-
eral and specific direction of the town manager. At the town man-
ager's discretion, one or more assistant town manager positions
may be identified by their specifically delegated responsibilities
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
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MARANA TOWN CODE 3 -9
Section 3 -2 -3 was added by Ordinance 2000.20
and amended by Ordinance 2003.13, 2006.14, and
2011.03
12/20/2013
Title 3. Administration
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 request-
ed, 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 manag-
er any of the town manager's authority, but in no event shall an as-
sistant town manager's authority exceed the town manager's pow-
ers and duties set forth in section 3 -2 -1H.
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 du-
ty upon, an assistant town manager that is vested in or imposed by
general law or town ordinances 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, 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
government of the town to the end that the highest possible stand-
ards of public service shall be continuously maintained.
3 -2 -4 Town clerk
A. Office established The office of town clerk is hereby created and
established. The town clerk shall be appointed by the town manag-
er and shall perform the duties of the office of town clerk under the
general and specific direction of the town manager, deputy town
manager or assistant town manager to whom he or she reports.
B. Absence of town clerk In the absence of the town clerk, the town
manager or other designee of the town council shall be the acting
town clerk. The acting town clerk shall have the duties and respon-
sibilities of the town clerk as established by law, this code or other
ordinance.
C. Compensation The town clerk shall receive such compensation as
the town manager shall fix at the time of appointment of the town
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 pertain -
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MARANA TOWN CODE 3 -10
Section 3 -2 -4 was amended by Ordinance
2000.20, 2003.13, 2006.14, and 2011.03
12/20/2013
Title 3. Administration
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.
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-
ager directs. The town clerk shall number, plainly label, and
file 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
employees monthly reports prepared in the manner and to in-
clude the information as directed by the town manager;
4. The town clerk shall prepare or cause to be prepared all
minutes of town council proceedings and ensure their correct-
ness and accuracy;
5. The town clerk shall process, record, file, publish and, if re-
quired by state statute, post all ordinances, resolutions, budgets
and notices that may be passed by the town council;
6. The town clerk shall also be the treasurer of the town, and have
the duties and responsibilities as prescribed by state law;
7. The town clerk shall be the town election official and perform
those duties required by state statute and as directed by the
town council;
8. The town clerk shall issue or cause to be issued all licenses that
may be prescribed by state statute, town ordinance or this
code, unless the town manager has designated another town
employee as the license inspector for certain types of licenses
under the provisions of this code;
9. The town clerk shall perform those administrative responsibili-
ties and duties that are conferred upon the town clerk by the
town manager in addition to those specified in town ordinanc-
es and this code.
10. The town clerk shall be the town marshal and shall perform
duties of the town marshal required by law and as the town
manager may deem necessary.
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MARANA TOWN CODE
3 -11
12/20/2013
Title 3. Administration
3 -2 -5 Town engineer
A. Office established The office of town engineer is hereby created
Section 3 -2 -5 was revised by Ordinance 2000.20,
and established. The town engineer shall be appointed by the town
2006.14, and 2011.03
manager and shall perform the duties of the office of town engi-
neer under the general and specific direction of the town manager,
deputy town manager, assistant town manager or general manager
to whom he or she reports.
B. Compensation The town engineer shall receive such compensation
as the town manager shall fix at the time of appointment of the
town engineer, and the compensation shall be a proper charge
against the funds of the town. The town engineer shall be 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
requested, has been presented and approved by the town manager.
C. Powers and duties The town engineer shall have those powers
and duties set forth by state law as well as town ordinance, resolu-
tion, order or directive. Notwithstanding the above, the town en-
gineer shall have charge of the town streets and public works and
shall perform those duties as may be required by law and any oth-
er duties as the town manager may deem necessary.
3 -2 -6 Town magistrate
Section 3 -2 -6 was revised by Ordinance 2000.20.
A. Office established The office of town magistrate is hereby created
and established. The town magistrate shall be appointed by the
town council.
B. Absence of town magistrate In the absence of the town magistrate
he or she shall be responsible for providing a judge pro tempore to
act as the town magistrate during the absence of the magistrate.
C. Compensation The town magistrate shall receive such compensa-
tion as the town council shall fix at the time of appointment of the
town magistrate, and the compensation shall be a proper charge
against the funds of the town.
D. Powers and duties The town magistrate shall be the presiding of-
References to the municipal court were standard -
ficer of the municipal court and shall perform those functions nec-
ized by authorization of Ordinance 2007.32, Sec -
essary to the maintenance of the municipal court as provided by
tion 2
state 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
2000.20, 2003.13, 2006.14, and 2013.005
and established. The town attorney shall be appointed by the town
manager and shall be chosen on the basis of his or her qualifica-
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
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MARANA TOWN CODE 3 -12 1212012013
Title 3. Administration
the office of town attorney under the general and specific direction
of the town manager.
B. Compensation The town attorney shall receive such compensation
as the town manager shall from time to time determine. The town
g
Ordinance 2005.22 inserted "town manager shall
from time to time determine , for town council
attorney shall be reimbursed for all sums necessarily incurred or
shall from time to time determine and fix by ordi-
paid by him or her in the performance of his or her duties, or in-
nance, resolution or motion, and said compensa-
curred when traveling on business pertaining to the town as ap-
tion shall be a proper charge against such funds of
roved b the town manager. Reimbursement shall be made only
p y g y
the town as the town council shall designate" to
conform to Ordinance 2003.13
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, conveyances,
ordinances, resolutions and other legal instruments when re-
quested by the town council or town manager.
4. The town attorney shall approve or disapprove as to form, in
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
disapproval 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.
7. The town attorney shall prosecute in the name of the town or
Ordinance 2013.005 added subparagraph C.7 and
the state of Arizona all violations of the town code and statutes
paragraph D to section 3 -2 -7
of the state of Arizona within the original or concurrent juris-
diction of the Marana municipal court or lawfully referred to
the town attorney, and any associated or related appeals.
D. Deputies and assistants At the discretion of the town attorney, the
powers and duties of the town attorney may be undertaken and
carried out by deputy and assistant town attorneys (by whatever
rank or title they may be called) licensed to practice law in the state
of Arizona, who shall have the same authority as the town attor-
ney, under the general supervision of the town attorney.
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MARANA TOWN CODE 3 -13 1212012013
Title 3. Administration
3 -2 -8 Department heads
A. Offices established The positions of department heads are hereby
created and established in accordance with section 3 -1 -2. Each de-
partment head shall be appointed, suspended or removed by the
town manager.
B. Compensation Department heads shall receive such compensation
as the town manager shall fix from time to time.
C. Duties Each department head 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 town manager,
deputy town manager, assistant town manager or general manager
to whom he or she reports.
3 -2 -9 Special projects manager
A. Office established The position of special projects manager is
hereby created and established. The special projects manager shall
be appointed as set forth in section 3 -1 -2 and shall undertake spe-
cial projects as delegated by the town manager's office from time
to time.
B. Compensation The special projects 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 The special projects manager shall be responsi-
ble to and shall undertake all duties delegated by the town manag-
er, deputy town manager, assistant town manager or general man-
ager to whom he or she reports.
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, dep-
uty town manager or assistant town manager.
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.
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MARANA TOWN CODE 3 -14
Section 3 -2 -8 was amended by Ordinance
2000.20, 2001.08, 2003.13, 2006.14, and 2011.03
Section 3 -2 -9 was added by Ordinance 2006.14.
Ordinance 2011.03 changed the position title from
"special projects administrator" to "special pro-
jects manager"
Section 3 -2 -10 was added by Ordinance 2006.14
and amended by Ordinance 2011.03
12/20/2013
Title 3. Administration
3 -2 -11 General managers
Section 3 -2 -11 was added by Ordinance 2008.19
A. Offices established The positions of general managers are hereby
and amended by Ordinance 2011.03
created and established in accordance with section 3 -1 -2. Each gen-
eral manager shall be appointed, suspended or removed by the
town manager.
B. Compensation General managers shall receive such compensation
as the town manager shall fix from time to time.
C. Duties General managers shall be charged with the responsibilities
set forth by and shall perform the duties of their office under the
general and specific direction of the town manager, deputy town
manager or assistant town manager to whom he or she reports.
3 -2 -12 Deputy chief of police
Section 3 -2 -12 was added by Ordinance 2008.19.
Ordinance 2013.015 changed "assistant chief of
A. Office established The position of deputy chief of police is hereby
police" to "deputy chief of police" in the title and
created and established in accordance with section 3 -1 -3. The dep-
throughout this section.
uty chief of police shall be appointed, suspended or removed by
and shall perform his or her duties under the general and specific
direction of the chief of police.
B. Compensation The deputy chief of police shall receive such com-
pensation as the appointing officer shall fix at the time of appoint-
ment, and the compensation shall be a proper charge against the
funds of the town.
C. Duties The deputy 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 Director of strategic initiatives
Section 3 -2 -13 was added as section 3 -2 -14 by
A. Office established The position of director of strategic initiatives is
Ordinance 2011.03 and renumbered by Ordinance
hereby created and established in accordance with section 3 -1 -2.
2011.14. Former section 3 -2 -13 ( "Police com-
The director of strategic initiatives shall be appointed, suspended
mander") was added by Ordinance 2008.19 and
deleted by Ordinance 2011.14.
or removed by the town manager.
B. Compensation The director of strategic initiatives shall receive
such compensation as the town manager shall fix from time to
time.
C. Duties The director of strategic initiatives shall be charged with
the responsibilities set forth by and shall perform the duties of his
or her office under the general and specific direction of the town
manager, deputy town manager or assistant town manager to
whom he or she reports
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 employ-
ees of the town. The town council may adopt rules and procedures
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MARANA TOWN CODE 3 -15 1212012013
Title 3. Administration
pertaining 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 perfor-
mance 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.
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.
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MARANA TOWN CODE 3 -16
Section 3 -4 -3 was amended by Ordinance
2002.22, which replaced "town manager" with
"finance director"
12/20/2013
Title 3. Administration
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
services obtained shall be made to the town council at its next regular
meeting.
3 -4 -5 Purchases in general; bids Section 3 -4 -5 was amended by Ordinance
A. Purchases under $1,000 Whenever the contemplated purchase or 2002.21.
contract for building services is for the sum of less than $1,000, up-
on 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 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 di-
rector may then award the purchase or contract of service to the
lowest responsible bidder.
C. In excess of $10,000 Whenever any contemplated purchase or con-
tract for building services is for a sum exceeding $10,000, the pur-
chasing 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 individu-
al capable of providing a particular service or commodity and the
services or commodities cannot be secured from other persons or
companies, the bidding procedures set forth in section 3 -4 -7 shall
not be applicable, and the services or commodities may be secured
without bidding. The town manager shall report to the town coun-
cil at the next regularly scheduled meeting any such purchases.
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MARANA TOWN CODE 3 -17 1212012013
Title 3. Administration
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 b , through, Ordinance 2005.22 rewrote paragraph C
p h, or with the Y g
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
subject to the formal bidding process:
A. A notice of solicitation for bids shall state the date, time and place
of opening, and the place and time period within which bids shall
be submitted.
B. The notice shall state with particularity the goods or services re-
quired and shall state the place where specifications may be exam-
ined.
C. Bids shall be submitted in a sealed envelope clearly identified as a
bid on the front of the envelope. Any bid not received within the
time period allowed shall be rejected.
D. All bids shall be opened in public at the time and place specified,
and a tabulation of all bids shall be posted in town hall for public
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 bid-
der. In determining the lowest responsible bidder, the town coun-
cil 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
ordinances of the town;
3. The financial resources and ability of the bidder;
4. The quality, availability and adaptability of the goods or ser-
vice.
B. The purchasing director shall select providers of goods and ser-
vices without regard to race, color, national origin, ethnicity, reli-
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MARANA TOWN CODE 3 -18 1212012013
Title 3. Administration
gion or creed, sex, disability, age, marital or familial status or polit-
ical affiliation 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 perfor-
mance 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 ap-
plies, 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- 503(C), the town, through its town council,
may purchase supplies, materials and equipment not to exceed $300 in
cost in any single transaction or a total of $1,000 annually from the
mayor or any member of the town council without using competitive
public bidding procedures according to an annually adopted town
policy.
3 -4 -11 Professional and technical services
A. The provisions of this chapter shall not apply to professional or
technical services.
B. No person or firm practicing in a professional or technical field for
which a license is required by state law shall be engaged by the
town unless possessing a current license in good standing.
C. C. Upon engagement, the town shall enter into a written agree-
ment or memorandum of understanding for the performance of
professional and technical services setting forth the scope of and
the unit or total price for services.
3 -4 -12 Obsolete supplies and equipment
All departments and offices shall submit to the purchasing director, at
the time and in the form as shall be prescribed, reports showing all
supplies and equipment that have become obsolete. The purchasing
director shall have the authority to dispose of all supplies and equip-
ment that have become obsolete, with the approval of the town man-
ager.
3 -4 -13 Signatures on checks
All checks for expenditures of town monies shall bear one signature of
either the town manager, town clerk, finance director, mayor or vice
mayor.
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MARANA TOWN CODE 3 -19
Section 3 -4 -12 was rewritten by Ordinance
2002.22.
Section 3 -4 -13 was amended by Ordinance 96.31
to delete a requirement for two signatures, and by
Ordinance 98.18, 98.22 and 2000.18, addressing
the signature of the finance director
12/20/2013
Title 3. Administration
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.
{00032630.DOCX / 6}
MARANA TOWN CODE
3 -20
12/20/2013
Title 4 �
Police Department
TITLE 4. POLICE DEPARTMENT
CHAPTER 4 -1. POLICE DEPARTMENT .................................................................. ............................4 -1
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Title 4. Police Department o
TITLE 4. POLICE DEPARTMENT
Title 4 was adopted by Ordinance 96.11
CHAPTER 4 -1. POLICE DEPARTMENT
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 receive
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
Section 4 -1 -4 was amended by Ordinance
with the departmental rules and regulations as may from time to time
p g y
2009.24, which removed a requirement for ap-
be adopted by the chief of police. The chief of police shall ensure that
proval by the town council and added the last two
the police department rules and regulations are in compliance with all
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 manag-
er. If any provision of the police department rules and regulations con-
flicts 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 or-
dinance, 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. Enforce this code and state statutes by arresting and charging
Paragraph A(1) was rewritten by Ordinance
violators within jurisdictional limits;
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
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MARANA TOWN CODE 4 -1 1212012013
Title 4. Police Department o
within his jurisdiction and file or supervise the filing of neces-
sary reports;
3. Direct and ensure the orderly flow of traffic and investigate
and make reports of traffic accidents;
4. Inspect and ascertain the condition of traffic control devices of
every description which have been erected within the town on
the authority of the town engineer and to notify the town 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 treasurer 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 author-
ized 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 [Reserved]
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MARANA TOWN CODE
4 -2
Section 4 -1 -8, entitled "Public safety employee -
employer relations; meet and confer," was added
by Ordinance 2007.05 and deleted by Ordinance
No. 2013.026
12/20/2013
Title 5
Municipal Court
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
PROCEEDINGSOF COURT ........................................................... ............................5 -3
JURYSYSTEM ................................................................................... ............................5 -3
FEES .................................................................................................... ............................5 -3
CIVIL TOWN CODE VIOLATIONS .............................................. ............................5 -5
HOME DETENTION PROGRAM .................................................. ............................5 -9
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Title 5. Municipal Court
TITLE 5. MUNICIPAL COURT
Title 5 was adopted by Ordinance 96.10. See Or-
CHAPTER 5 -1. MUNICIPAL COURT ESTABLISHED;
dinance 77 -4 and 77 -5 for prior history.
JURISDICTION
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 2001.08.
y
department,, consisting of the town magistrate,, the necessary support
p g g Y pp
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 was renamed from "Presiding Of-
CHAPTER 5 -2. MAGISTRATE DEPARTMENT
ficer" to "magistrate Department" by Ordinance
2001.08.
5 -2 -1 Town magistrate
Section 5 -2 -1 was amended by Ordinance 2001.06,
There shall be appointed b the town council a town magistrate and
Y g
2001.08, 2007.32, and 2010.14. Ordinance 2001.06
those assistants as are necessary for the performance of the office. The
provided for the appointment of the Town magis-
trate in even - numbered years instead of odd -
town magistrate shall be appointed by the town council to a two year
numbered years, and extended the sitting town
term. During said term, the town magistrate and assistant magistrates
magistrate's term of office by one year. Ordinance
may be removed only for cause. The provisions of this chapter shall
Y Y p p
2001.08 added a second sentence, appointing the
town magistrate as the department head of the mag-
not apply to special magistrates or acting magistrates appointed by the
istrate department, which was deleted by Ordinance
council, for the purposes of hearing a particular case, or as a substitute
2007.32. Ordinance 2010.14 provided for the ap-
for the town magistrate in the town magistrate's absence.
pointment of the town magistrate for a two year
term from the date of appointment.
5 -2 -2 Powers and duties of town magistrate
The town magistrate shall be the presiding officer of the municipal
Section 5 -2 -2 was rewritten by Ordinance
court. In addition to the powers and duties of a presiding officer, the
2001.08 and 2007.32.
powers and duties of the magistrate shall include:
A. The powers and duties set forth and conferred upon him or her
under 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, duri hours when court
s p p Y g
Paragraph E was rewritten by Ordinance 2005.22
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MARANA TOWN CODE 5 -1 1212012013
Title 5. Municipal Court
is not open, set and collect the amount of bail in accordance with
the 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 2006.15
The magistrate, with the approval of the council, may appoint one or
to add civil code violation cases
more hearing officers to preside over civil code violation cases and civ-
il traffic violation cases when the appointment of hearing officers is
necessary to assure prompt disposition of the cases. Hearing officers
may hear and dispose of civil code violation cases and civil traffic vio-
lation cases under supervision of the presiding officer of the municipal
court which are appealable to the superior court pursuant to title 22,
chapter 2, article 4, Arizona revised statutes.
CHAPTER 5 -3. COURT ADMINISTRATION DEPARTMENT
Chapter 5 -3 was adopted by Ordinance 2001.08
5 -3 -1 Court administrator
There shall be appointed by the town magistrate a court administrator.
Section 5 -3 -1 was modified b y Ordinance 2007.32
The court administrator shall provide administrative supervision of
to place the court administrator under the direc-
the municipal court, under the direction of the town magistrate.
tion of the town magistrate
5 -3 -2 Powers and duties of court administrator
The introductory paragraph and paragraph E of
The powers and duties of the court administrator shall include:
Section 5 -3 -2 were modified by Ordinance
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 2005.22
tered.
B. The responsibility for receiving all bonds and bails fixed by the
town magistrate and receiving all fines, penalties, fees and other
monies as provided by law.
C. Payment of all fees, fines, penalties and other monies collected by
the court to the town treasurer, including JCEF funds.
D. Supervision of all personnel within the court administration de-
partment.
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
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.
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MARANA TOWN CODE 5 -2 1212012013
Title 5. Municipal Court
B. The court bailiff and/or marshal, who shall be responsible for
maintaining the order of the court.
C. Any other personnel necessary to the functioning of the municipal
court.
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 the
2001.08.
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 procedure
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
impaneling 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
2007.32, which standardized references to the
A. Fees in amounts established by a fee schedule adopted by the
municipal court, and by Ordinance 2009. 11,
council and amended from time to time shall be assessed to recov-
which replaced specific fee amounts with refer -
er costs associated with the fees charged to the town treasury for
ences to the comprehensive fee schedule
returned checks and additional costs incurred due to court non-
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 B, C and D were added by Ordinance
99.01 and paragraphs B and D were rewritten by
amended from time to time, to be imposed in addition to fees oth-
Ordinance 2006.08
erwise assessable by statute.
1. Any person who has been convicted of a misdemeanor crimi-
nal offense in the municipal court and sentenced to a term of
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MARANA TOWN CODE 5 -3 1212012013
Title 5. Municipal Court
incarceration in any detention facility authorized by law shall
be required to pay a jail reimbursement fee in the amount actu-
ally paid by the town for that incarceration.
2. Upon a defendant's conviction at trial or conviction by plea
Ordinance 2007.21 modified subparagraph 2 by
agreement the municipal court shall impose a prosecution fee
increasing the fee, which Ordinance 2009.11
against each defendant, unless a higher or lower amount is im-
moved to the comprehensive fee schedule.
posed by a written plea agreement based upon the actual cost
of prosecution services and the indigent status of the defend-
ant.
3. An administrative warrant fee shall be imposed to cover the
municipal court's costs for processing warrants when a munic-
ipal court magistrate issues a warrant for failure to comply
with a court order, failure to pay a fine, failure to pay restitu-
tion or failure to appear.
4. The municipal court shall impose a court improvement fee
Ordinance 2007.21 modified subparagraph 4 by
which shall be applied by the court on all fines, sanctions, pen-
increasing the fee, which was then moved to the
alties and assessments imposed by the court.
comprehensive fee schedule by Ordinance 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 impan-
eled, 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
completing 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 at-
torney is authorized to institute any appropriate action for re-
covery of any and all monies owed or due to the municipal
court including, but not limited to, restitution, fees, sanctions,
surcharges, 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 col-
lection 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
{00032630.DOCX / 6}
MARANA TOWN CODE 5 -4 1212012013
Title 5. Municipal Court
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 improve-
ment fund shall be established as a designated fund account with
the town treasurer. The court shall collect the court improvement
fees as defined in this section and deposit them in the court im-
provement fund account. Half of the court improvement fund shall
be available for use as determined by the court for training, addi-
tional contract work, temporary court help, and other similar pur-
poses, as documented in a manner requested by the town manag-
er. 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 b y Ordinance 2007.12
A. When granting court - monitored probation to a defendant, the
court 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 deter-
mining 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 2006.15 and
substantially amended by Ordinance 2010.02
5 -7 -1 Town code violations treated as civil matters
Violations of the town code, the land development code or a town or-
dinance for which a civil sanction is imposed shall be treated as civil
p
Ordinance 2010.02 added into section 5 -7 -1 refer -
ence to the land development code or a town ordi-
matters as provided in this chapter.
nance
5 -7 -2 Commencement of action; jurisdiction of Marana municipal
Ordinance 2010.02 revised paragraph A to add
court
or a long form civil code complaint, added para-
A. A civil code violation case is commenced by issuance of a uniform
graph B, and renumbered paragraph C and added
"the
civil code complaint Or a long form civil code complaint as provid-
to it
land development code or other town ordinances
ed 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
{00032630.DOCX / 6}
MARANA TOWN CODE 5 -5 1212012013
Title 5. Municipal Court
court. Upon receipt of the long form civil code complaint, the Ma-
rana municipal court shall issue a summons.
C. The Marana municipal court shall have jurisdiction over all civil
violations of the town code, the land development code or other
town ordinances.
5 -7 -3 Service of uniform or long f orm civil code complaint
Ordinance 2010.02 revised the title of section
,
5 -7 -3 by adding or long form, substantially
A. A uniform civil code complaint may be served by delivering a
rewrote paragraph B, and added paragraphs C and
copy of the uniform civil code complaint to the person charged
D
with the 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.
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 com-
plaint or the long form civil code complaint is made by certified or
registered mail, the return receipt shall be prima facie evidence of
service.
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
Ordinance 2010.02 revised paragraphs A and B of
person as is reasonably necessary to investigate an actual or sus-
section 5-7- 4 by replacing "duly authorized agent
pected violation of the town code, the land development code or a
of the town with a code compliance officer and
town ordinance and to serve a copy of a civil code complaint.
adding the land development code or a town
ordinance
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
Ordinance 2007.32 added "class I" before "mis-
demeanor" in ra ara h B
p g p
has committed a violation of the town code, the land development
p
code or a town ordinance, is guilty of a class 1 misdemeanor and
Ordinance 2010.02 revised section 5 -7 -5 to add
upon conviction shall be punished by a fine not to exceed $2,500 or
"uniform and long form" to the title, added num-
by imprisonment for a period not to exceed 6 months, or by both
bering to and substantially rewrote paragraph A,
such fine and imprisonment.
and added paragraphs B and C
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MARANA TOWN CODE 5 -6 1212012013
Title 5. Municipal Court
5 -7 -5 Form for uniform and long form civil code complaints
A. The uniform civil code com-
plaint 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 com-
plaint 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 viola-
tion, a reference to the town
code or land development code
section or town ordinance pro-
visions alleged to have been vio-
lated and the time, date and
place for the defendant to ap-
pear.
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C. The uniform and long form civil code complaint shall contain no-
tice that default judgment will be entered and a civil sanction and
order to abate the violation will be imposed on a person who is cit-
ed and fails to appear as directed in the complaint.
5 -7 -6 Certification of uniform and long form civil code complaints
A. A uniform civil code complaint need not be sworn to if it contains
a form of certification by the issuing officer in substance as follows:
"I hereby certify that I have reasonable grounds to believe and do
believe that the person named in this complaint committed the civ-
il 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;
findings of court; civil sanction; order to abate
A. A person named in a civil code complaint shall appear at the time
and place stated in the complaint or may appear prior to the time if
so authorized by the court and upon the directions contained in
the complaint and admit or deny the allegations of the complaint.
Allegations not denied at the time of appearance are admitted. No
fee shall be charged for appearance in a civil code violation case.
{00032630.DOCX / 6}
MARANA TOWN CODE 5 -7
Ordinance 2010.02 revised section 5 -7 -6 to delete
the word "false" and add "uniform and long
form" in the title, add "uniform" in paragraph A,
add paragraph B, and renumber paragraph C
On March 31, 2010, the town attorney corrected,
as a scrivener's error under the authority of sec-
tion 1 -4 -5, the numbering of sections 5 -7 -7
through 5 -7 -11. They had been inadvertently and
incorrectly renumbered to 5 -7 -8 through 5 -7 -12
by Ordinance 2010.02
12/20/2013
Title 5. Municipal Court
B. If the person named in a civil code complaint admits the allega-
tions 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 stat-
utory provisions relating to privileged communications. A person
who elects to be represented by counsel shall notify the court of
this fact at least ten days prior to the hearing date. Hearings may
be 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
$1,000 unless otherwise designated in this code, the land develop-
ment code, a town ordinance or under state law.
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 rea-
sonably 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 the superior court in the same manner as promulgated by the su-
preme court. The posting of an appeal bond stays enforcement of the
judgment.
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
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MARANA TOWN CODE 5 -8
Ordinance 2010.02 revised paragraph F to add
"unless otherwise designated in this code, the land
development code, a town ordinance or under state
law, " added paragraph G, and renumbered para-
graph H.
Ordinance 2010.02 revised section 5 -7 -8 by delet-
ing the sentence "Commissioners of the superior
court may hear and determine appeals"
12/20/2013
Title 5. Municipal Court
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 with-
in 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
Any person who fails to obey an order to abate a violation issued by a
magistrate, is guilty of a class 1 misdemeanor. A violation of this sec-
tion is punishable by up to a maximum six months in jail and by a
maximum fine of $2,500; and by probation up to three years.
CHAPTER 5 -8. HOME DETENTION PROGRAM
There is hereby established in the municipal court a home detention
program for offenders who are sentenced to jail confinement under
A.R.S. §§ 28 -1381 and 28 -1382. The home detention program is gov-
erned by the provisions of A.R.S. § 9- 499.07, subsection M through
subsection R. and will be administered in compliance with those pro-
visions.
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MARANA TOWN CODE 5 -9
Section 5 -7 -11 was revised by Ordinance 2007.32,
which added "class I" before "misdemeanor," and
Ordinance 2010.02, which deleted "special magis-
trate, or special limited magistrate" after "magis-
trate"
Chapter 5 -8 was added by Ordinance 2007.11
12/20/2013
Title 6
Animal Control
TITLE 6. ANIMAL CONTROL
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.
DEFINITIONS ................................................................................... ............................6 -1
VACCINATION AND LICENSING OF DOGS ........................... ............................6 -2
DOGS AT LARGE; DOGS ON SCHOOL GROUNDS; IMPOUNDMENT; DOG
WASTEREMOVAL .......................................................................... ............................6 -6
CRUELTY AND NEGLECT OF ANIMALS .................................. ............................6 -8
VICIOUS OR DESTRUCTIVE ANIMALS .................................... ...........................6 -11
DANGEROUS ANIMALS .............................................................. ...........................6 -12
EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS ........... ...........................6 -16
AUTHORITY TO ENFORCE, REMOVE AND IMPOUND ....... ...........................6 -17
RULES OF PROCEDURE ............................................................... ...........................6 -18
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Title 6. Animal Control
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MARANA TOWN CODE 6 -1 1212012013
TITLE 6. ANIMAL CONTROL
Title 6 was adopted by Ordinance 96.01. See Or-
dinance 90.02, 91.20 and 94.01 for prior history.
CHAPTER 6 -1. DEFINITIONS
Ordinance 2005.22 standardized all references to
enforcement by referencing the town animal en-
6-1-1 Reserved
forcement agent. Land use regulations relating to
animals may be found in the Land Development
Code.
6 -1 -2 Definitions
A. The following definitions shall apply throughout this title unless
Ordinance 2005.22 deleted section 6 -1 entitled
the
context clearly indicates otherwise.
General rule regarding definitions, a duphca-
tion of section 1 -3 -1
1.
"Altered dog" means a spayed female or neutered male dog.
"Altered dog" definition was added by Ordinance
2.
"Animal" means every non human mammalian species of ani-
2006.21
mal, both domestic and wild.
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 an-
imal.
5.
"Biting animal" means any animal that bites or otherwise in-
jures human beings or other animals without provocation.
6.
"Collar" means a band, chain, harness or suitable device worn
Ordinance 2011.26 amended the "Collar" defini-
around the neck of a dog to which a dog license tag may be af-
tion by changing "license" to "dog license tag"
fixed.
7.
"Destructive animal" means any animal that has a propensity
to destroy, damage or cause damage to the property of a per-
son other than the animal's owner.
8.
"Dog" means any member of the canine species.
9.
"Domestic animal" means any of various animals that have
Ordinance 2011.26 added the "Domestic animal"
been tamed and made fit for a human environment.
definition
10.
"Household" means all those persons who regularly dwell to-
Ordinance 2006.21 added the "Household" defini-
gether at the same place of residence.
tion
11.
"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.
12.
"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.
13.
"Licensed dog" means any dog having a current license.
14.
"Livestock" means neat animals, horses, sheep, goats, swine,
mules and asses.
15.
"Owner" means any person owning, keeping, possessing, har-
boring, maintaining or having custody or otherwise having
control of an animal within the town limits.
16.
"Peace officer" includes any animal control officer.
"Peace officer" definition was added by Ordinance
2006.21
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MARANA TOWN CODE 6 -1 1212012013
Title 6. Animal Control
17. "Police dog" means any dog belonging to any law enforcement
agency service dog unit.
18. "Property line" means the line which represents the legal limits
of property (including an apartment, condominium, room or
other dwelling unit) owned, leased or otherwise occupied by a
person, business, corporation or institution. In cases involving
sound from an activity on a public street or other public right -
of -way, the "property line" shall be the nearest boundary of the
public right -of -way.
19. "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.
20. "Service animal" means any dog that is individually trained t0
"Service
do work or perform tasks for the benefit Of an individual with a
p
Ordinance 2011.26 added the animal"
definition
disability, including a physical, sensory, psychiatric, intellectu-
al, or other mental disability. The work or tasks performed by a
service animal must be directly related to the individual's disa-
bility. The crime deterrent effects of an animal's presence and
the provision of emotional support, well - being, comfort, or
companionship do not constitute work or tasks for the purpose
of this definition. A dog does not necessarily require certifica-
tion in order to be a service animal for purposes of this defini-
tion; however, to be eligible for no cost licensing pursuant to
this title, the dog must be certified in writing as a service ani-
mal.
21. "Tie out" means a chain, leash, wire cable or similar restraint
attached to a swivel or pulley.
22. "Town enforcement agent" means the Pima Animal Care Cen-
Ordinance 2006.21 added the "Town enforcement
ter director or his or her designee.
agent" definition
23. "Vaccination" means an anti rabies vaccination using a type of
Ordinance 2011.26 deleted the "Under restraint"
vaccine approved by the state veterinarian and administered
definition
by a state licensed veterinarian.
24. "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 2006.21. See
6 -2 -1 Vaccination required; classification
Ordinance 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 accord-
ance with the requirements of this chapter.
B. Any person who fails to comply with this section is guilty of a
class 2 misdemeanor.
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MARANA TOWN CODE 6 -2 1212012013
Title 6. Animal Control
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 revac-
cination, 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.
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 affi-
davit or veterinarian's certificate stating either that the dog is al-
ready altered, that the dog is at least ten years old, or that the dog
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MARANA TOWN CODE 6 -3
The fees in section 6 -2 -8 were modified by Ordi-
nance 2007.13 and 2008.17, and were moved to
the comprehensive fee schedule by Ordinance
2009.11
12/20/2013
Title 6. Animal Control
cannot be altered for health reasons, shall be eligible for the altered
dog fee.
C. Any person 65 years of age or older shall be eligible for the senior
citizen license fee. The town enforcement agent shall establish rea-
sonable standards of proof for eligibility. No more than four dogs
per household shall be licensed at the senior citizen rate.
D. Any person who presents to the town enforcement agent a state-
ment from a qualified health care professional certifying that the
person has a disabling condition as defined by the Americans with
Disabilities Act shall be eligible for the disabled citizen license fee.
E. Any person who has paid the license fee for an unaltered dog who,
during the license year, presents to the town enforcement agent a
statement from a veterinarian certifying that the licensed animal
has been altered shall be entitled to a rebate. The rebate shall be the
difference between the fee paid and the fee for an altered dog.
F. Service animals certified in writing as having been trained to the
Ordinance 2011.26 modified paragraph F
standards of a service animal by a nationally recognized service
animal training agency shall be licensed without payment of the li-
cense fee.
G. Any person who fails to license a dog when the dog reaches three
months of age or who fails to timely renew a license upon expira-
Ordinance 2013.010 modified paragraph G
tion of a license previously issued under this chapter, shall be
charged a 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
The transfer fee was modified by Ordinance
b the council and amended from time to time shall be charged to
y g
2007.13 and 2008.17, and moved to the compre-
hensive fee schedule by Ordinance 2009.11
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
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MARANA TOWN CODE 6 -4 1212012013
Title 6. Animal Control
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 col-
lect 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 dog license tag
The town enforcement agent shall issue a durable dog license tag, im-
Ordinance 2011.26 modified section 6 -2 -10 and
its title
printed with the license number, to the owner of each dog licensed
under this chapter.
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.
C. The town enforcement agent or a peace officer may apprehend and
impound, or cause to be impounded, any dog found without a li-
cense tag for the current year.
D. Failure to comply with this section is a class 2 misdemeanor.
6 -2 -12 Duplicate tags, fee
Whenever a dog license tag is lost, a duplicate tag will be issued upon
The duplicate tag fee was modified by Ordinance 2007.13 and 2008.17, and moved to the compre-
application by the owner and the payment of a fee to the town en-
hensive fee schedule by Ordinance 2009.11
f orcement agent in an amount established by a fee schedule adopted
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 offi-
cial 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
during which any violation of this chapter is committed or permit-
ted.
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MARANA TOWN CODE 6 -5 1212012013
Title 6. Animal Control
B. In addition to any other penalties allowed by law, the magistrate
shall order abatement as necessary.
CHAPTER 6 -3. DOGS AT LARGE; DOGS ON SCHOOL
GROUNDS; IMPOUNDMENT; DOG WASTE
REMOVAL
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 Arizo-
na Racing Commission, provided that the dog is accompanied
by and under the control of the dog's owner or trainer.
2. While being used or trained for legal hunting or for control of
livestock.
3. While assisting a peace officer engaged in law enforcement du-
ties.
4. While confined within a county- or town - maintained tempo-
rary or permanent dog run located within a park.
5. While acting as a service animal and assisting an individual
with a disability and only if the individual with a disability is
unable because of the disability to restrain the service animal
by leash, chain, rope, cord or similar device, or the use of a
leash, chain, rope, cord or similar device would interfere with
the service animal's safe, effective performance of work or
tasks, in which case the service animal must be otherwise un-
der the individual's control, by voice control, signals or other
effective means.
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. Violation of this section is a class 2 misdemeanor.
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MARANA TOWN CODE 6 -6
Chapter 6 -3 was added by Ordinance 2006.21. See
Ordinance 90.02, 91.20, 94.01, 96.01 and 2005.22
for prior history.
Ordinance 2011.26 added subparagraph 5
Ordinance 2011.26 modified paragraph E
12/20/2013
Title 6. Animal Control
6 -3 -2 Dogs on school grounds prohibited; exceptions;
classification
A. It shall be unlawful to bring a dog onto the grounds of any school,
regardless of whether the dog is on a leash.
B. Dogs may be on school grounds as an exception to this section un-
der the following circumstances:
1. While participating as part of a formal school activity or event.
2. While acting as a service animal to an individual with a disabil- Ordinance 2011.26 modified subparagraph ra p h 2
ity, as defined in this title.
3. While assisting a peace officer engaged in law enforcement du-
ties.
C. Violation of this section is a class 2 misdemeanor. Ordinance 2011.26 modified paragraph C
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
during which any violation of this chapter is committed or permit-
ted.
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
under the authority of this title.
B. When an unlicensed dog is impounded, the owner may reclaim the
dog within three days of impoundment by securing a vaccination
and a license for the dog and providing proof of ownership and
payment of all costs and fees, including veterinary fees, incurred to
remove, impound, board, care for and/or microchip an animal
under the authority of this title.
C. Impoundment fees shall be determined by the town enforcement
agent.
D. Any licensed dog unclaimed within seven days of notice to the
owner, as described in subsection A, may be placed for adoption or
humanely destroyed within the discretion of the town enforcement
agent.
E. Any unlicensed dog unclaimed within three days may be placed
for adoption or humanely destroyed within the discretion of the
town enforcement agent.
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MARANA TOWN CODE 6 -7 1212012013
Title 6. Animal Control
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
control of the property.
B. It shall be a civil infraction for the owner, proprietor, agent or oc- Paragraph B was added by Ordinance 2007.14,
cupant of any premises where dogs are kept to deposit, cause to be which also renumbered the following paragraphs
deposited or allow to accumulate, within or about the premises, 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 mobili-
ty disabilities, or police officers or other law enforcement officers
accompanied 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
provisions of this section.
F. If any penalty ordered to be paid by the court or forfeited pursuant
to default is not paid within 30 days of the magistrate's order, the
town attorney may institute appropriate civil proceedings seeking
legal and/or equitable relief to enforce the order, and the magis-
trate may institute judicial proceedings as provided by law to col-
lect 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; classification; penalty Ordinance 2011.26 amended section 6 -4 -1 and its
title
A. It shall be unlawful for a person having care, control, charge, or
custody of any animal, either as owner or otherwise, to:
1. Overdrive, overload, overwork, torture, torment, cruelly beat,
mutilate or unlawfully kill the animal.
2. Cause or procure an animal to be overdriven, overloaded,
driven when overloaded, overworked, tortured, tormented,
cruelly beaten, mutilated or killed.
3. Inflict unnecessary cruelty upon the animal.
4. Cruelly drive or work the animal when unfit for labor.
5. Cruelly abandon the animal.
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MARANA TOWN CODE 6 -8 1212012013
Title 6. Animal Control
6. Carry or cause the animal to be carried in or upon a vehicle or
otherwise, in an unnecessarily cruel or inhumane manner.
7. Knowingly and willfully authorize or permit the animal to be
subjected to unreasonable or unnecessary torture, suffering or
cruelty of any kind.
B. Violation of this section is a class 1 misdemeanor. In addition to
any other penalty imposed by the magistrate, as a condition of
probation, the magistrate may order that the owner of the animal
shall not be permitted to own or control any animal for a period of
up to three years and that the animal(s) which is the subject of this
action be forfeited to the Pima animal care center to be placed by
adoption in a suitable home or humanely destroyed.
6 -4 -2 Neglect prohibited; classification; penalty
Ordinance 2011.26 modified the title of section
A. The purpose of this section is to guarantee that animals under hu- 6 -4 -2 split off paragraph B from A, modified par -
man custody or control are housed in healthy environments and agraph B, and added paragraph C
are provided with proper food, water, shelter, medical care, exer-
cise space and ventilation.
B. Any person having care, control, charge, or custody of any animal,
either as owner or otherwise, 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, either
free - flowing or in a clean receptacle;
3. That except for livestock, all animals have convenient access to
natural or artificial shelter throughout the year. Any such arti-
ficial shelter shall be structurally sound and maintained in
good repair to protect the animal from injury and from the el-
ements 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 ex-
tremes or precipitation, or which does not provide adequate
ventilation or drainage, does not comply with this chapter. Any
shelter, all bedding and any spaces accessible to the animal
shall be maintained in a manner which minimizes the risk of
the animal contracting disease, being injured or becoming in-
fested 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 ani-
mal, and shall encompass sufficient usable space to keep
the animal in good condition, or
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MARANA TOWN CODE 6 -9 1212012013
Title 6. Animal Control
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 that 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's life or health.
C. Violation of this section is a class 1 misdemeanor. In addition to
any other penalty imposed by the magistrate, as a condition of
probation, the magistrate may order that the owner of the animal
shall not be permitted to own or control any animal for a period of
up to three years and that the animal(s) which is the subject of this
action be forfeited to the Pima animal care center to be placed by
adoption in a suitable home or humanely destroyed.
6 -4 -3 Duty to obtain or render aid to animal struck by vehicle
A. The driver of a vehicle that collides with an animal that is readily
identifiable as a domestic animal shall make a reasonable effort to
obtain aid for the animal or to render aid and assistance to the an-
imal. A person may discharge his or her duty under this section by
reporting the incident to 911 or to other appropriate authorities.
B. Violation of this section is a class 1 misdemeanor.
6 -4 -4 Protection, removal, and impoundment of animals by town;
waiver of provisions; production of animal
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 provi-
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MARANA TOWN CODE 6 -10
Ordinance 2011.26 added section 6 -4 -3
Ordinance 2011.26 renumbered section 6 -4 -4,
modified its title, and deleted paragraphs F and G,
which provided general penalties for violation of
this chapter
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Title 6. Animal Control
sions 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
request of the town animal enforcement agent. All owners shall be
responsible for any and all applicable impoundment and boarding
fees in connection therewith.
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-
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
request 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
the owner to pay restitution to the victim, in the full amount of the
victim's economic loss, as determined by the magistrate. This rem-
edy shall not abridge any civil cause of action by the victim.
E. In addition to any other penalty, upon the declaration of an animal
as vicious or destructive, the magistrate shall order one or more of
the following:
1. That the animal be kept in an enclosure that is high enough so
that the animal cannot bite, harm or injure anyone outside the
enclosure. The enclosure and property where it is located shall
be posted with conspicuous warning signs, and at no time shall
the animal leave the enclosure unless it is muzzled, leashed
and under the control of an adult human being; or
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MARANA TOWN CODE 6 -11
Paragraphs D and E were rewritten by Ordinance
2007.13
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Title 6. Animal Control
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 an-
imal, 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 revised
trate shall conduct a hearing provided under chapter 6 -6. by Ordinance 2007.13
3. The owner of the animal shall be notified of this hearing by the
court. Upon proof of notification, the hearing may proceed in
the owner's absence.
CHAPTER 6 -6. DANGEROUS ANIMALS
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 ani-
mal 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 threat-
ening 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
determine 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.
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Title 6. Animal Control
C. If the town animal enforcement agent declares that an animal is
dangerous, the owner shall be notified and issued an order of
compliance. Once an animal is declared dangerous, the animal is
dangerous until a hearing officer or judge determines otherwise. If
the owner is known, he shall be provided with a written notice of
his right to file, within five days of receipt of the notice, a written
request with the town animal enforcement agent for a hearing to
determine if the animal is dangerous. If the owner's whereabouts
cannot be determined or the animal poses a threat to public safety
or domestic animals, the animal shall be impounded and notice
shall be posted on property or mailed forthwith to him at his last
known address by registered or certified mail, return receipt 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 hear-
ing or fails to request a hearing, the animal is declared to be dan-
gerous and the order of compliance shall remain in effect.
D. After request for a hearing, the town animal enforcement agent
shall set a hearing date within five working days at a time and
place designated by the town animal enforcement agent. The hear-
ing shall be conducted by a hearing officer selected by the town an-
imal 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 officer,
the owner of the animal shall obey the order of compliance issued
by the town animal enforcement agent within the time given by
the order of compliance or ten days whichever is more.
I. If the animal is found not to be dangerous, the order of compliance
is null and void. The finding that an animal is not dangerous does
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Title 6. Animal Control
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 an-
imal from escaping.
b. The town animal enforcement agent may require the bot-
tom of the confinement area to be of concrete, cement or
asphalt, or of blocks or bricks set in concrete or cement; or if
the bottom is not provided, then a footing of such material
shall be placed along the whole perimeter of the 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 tempo-
rary 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.
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Title 6. Animal Control
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 an-
imal. The town animal enforcement agent shall maintain a reg-
istry 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
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 notify-
ing 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
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MARANA TOWN CODE 6 -15
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Title 6. Animal Control
spaying or neutering to the town animal enforcement agent upon
demand.
D. An owner of an animal declared dangerous shall not prevent or try
to prevent inspection of the animal or the premises where the ani-
mal is kept.
E. When the owner of an animal is notified that the town animal en-
forcement agent is evaluating an animal or wants to evaluate an
animal to determine if the animal is dangerous, the owner of the
animal shall present the animal for inspection within 24 hours of a
request by the town animal enforcement agent. The owner shall
not sell, give away, hide or otherwise prevent the town animal 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 un-
lawful 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 mis-
demeanor punishable, except for the penalties already set forth in
this title, by a fine of not less than $100 and not more than $1,000
and/or by imprisonment for not more than six months. No judge
may grant probation to or suspend the imposition of the minimum
fine prescribed in this paragraph. In addition, a person may be
placed on probation for not more than three years. This shall not be
construed to affect, in any way, the imposition of the minimum
mandatory penalties provided in this paragraph.
B. Each day any violation continues or occurs shall constitute a sepa-
rate offense.
CHAPTER 6 -7. EXCESSIVE NOISE CAUSED BY ANIMALS OR
BIRDS
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
inhabitants.
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MARANA TOWN CODE 6 -16
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Title 6. Animal Control
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 productive alterna-
tive 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 proba-
ble 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 im-
pound the animal.
B. The town enforcement agent is authorized and empowered to
place an identity- tracing microchip in an animal impounded under
this chapter.
C. All fees, including veterinary fees, incurred to remove, impound,
board, care for and/or microchip an animal under the authority of
this title shall be paid by the animal's owner.
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MARANA TOWN CODE 6 -17
Pima County Animal Care officers have been des-
ignated the town animal enforcement agent by
intergovernmental agreement
Section 6 -8 -2 was substantially modified by Ordi-
nance 2006.21, which among other things added
the microchip authorization
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Title 6. Animal Control
CHAPTER 6 -9. RULES OF PROCEDURE
All civil proceedings under this title shall be governed by the 17B
A.R.S. traffic violation cases civ. proc. rules, as amended.
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MARANA TOWN CODE
6 -18
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Title 7
Building
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
CHAPTER 7 -1. BUILDING CODES
7 -1 -1 Purpose
A. The Marana building code shall have the following purposes:
Title 7. Building 0
Title 7 was adopted by Ordinance 95.32. Ordi-
nance 2007.22 changed "building department" to
"building safety department" throughout Title 7.
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
A. The Marana building code consists of the following code docu-
ments incorporated by this reference in this title, all of which are
on file with the town clerk's office:
1. The 2012 international building code, with local amendments.
2. The 2012 international plumbing code, with local amendments.
3. The 2012 international residential code, with local amend-
ments.
4. The 2012 international mechanical code, with local amend-
ments.
5. The 2012 international property maintenance code, with local
amendments.
6. The 2012 international energy conservation code, with local
amendments.
7. The 2011 national electric code, with local amendments.
8. The 2012 international fire code, with local amendments.
9. The 2012 international fuel gas code.
B. The Marana building code adopts by reference the following local
ordinances and codes, which are on file with the town clerk's of-
fice:
1. The 2006 Marana pool and spa code.
2. The 2008 Marana outdoor lighting code.
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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MARANA TOWN CODE
7 -1
Section 7 -1 -2 was adopted by Ordinance 2001.04
and revised by Ordinances 2006.16, 2006.33,
2007.22, and 2013.007. For prior history, see Or-
dinance 95.32 and 96.34. The local amendments
are found here
The 2006 Marana pool and spa code and the 2008
Marana outdoor lighting code are found here
Section 7-1-2(B)(2) was revised by Ordinance
2008.18
12/20/2013
Title 7. Building 0
7 -1 -4 Building official designated
Section 7 -1 -4 was revised by Ordinance 2006.16
The building official, or his or her duly authorized representative, is
the authority charged with the administration and enforcement of the
Marana building code. The building official may appoint an assistant
building 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 2006.16
It shall be a civil infraction for any person, firm or corporation to vio-
late any of the provisions of this title. Civil infractions shall be en-
forced 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 Ordi-
nance 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
appeals in accordance with the building code.
CHAPTER 7 -2. BUILDING PERMITS
7 -2 -1 Application requirements
Section 7 -2 -1 was revised by Ordinance 2006.16.
A. Any person, partnership, firm or corporation desiring to construct,
erect, enlarge, substantially modify or move any residential build-
ing 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
permit 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 under-
take 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
dimensions of the lot to be built upon, the size and location of ex-
isting buildings with respect to front, rear and side property lines,
and the location and layout of proposed off - street parking areas.
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MARANA TOWN CODE 7 -2 1212012013
Title 7. Building 0
D. Plans shall provide sufficient details of proposed structural fea-
tures, and electrical, plumbing, and mechanical installations for re-
view by the town plans examiner to permit evaluation of their ad-
equacy 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 -4. SOLAR ENERGY UTILIZATION CREDIT
7 -4 -1 Purpose
The purpose of this chapter is to encourage the use of solar energy uti-
lization within the town by reducing the permit fee for permits in ac-
cordance with the currently adopted permit fee schedule.
7 -4 -2 Credit program
A. All single family residences within the town are eligible to apply
for solar energy utilization credits. Approval by the building offi-
cial will be based on the nature of the technologies to be used and
if appropriate for the site.
B. Solar utilization for new construction will include photo voltaic
generation, whole house water heating and active solar heating.
Passive solar heating will be considered when designed and certi-
fied by a professional engineer.
C. Existing single family residences may add solar heating systems
and photo voltaic systems.
D. Other systems not mentioned above may be evaluated by the
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
REQUIREMENTS
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
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MARANA TOWN CODE 7 -3
Chapter 7 -3, formerly entitled "fees," was super-
seded by Ordinance 2005.16, which adopted vari-
ous development- related fees by separate ordi-
nance. See Ordinance 82.05 and 89.10 for prior
history.
Chapter 7 -4 was adopted by Ordinance 2001.23
and amended by Ordinance 2006.16 to remove
water conservation credit. Chapter 7 -4 sunsets on
May 1, 2008 or when cumulative credits of
$300,000 are given. Chapter 7 -4 was revised by
Ordinance 2005.22. Former chapter 7 -4 ( " Fiber
Optics code ") was deleted by Ordinance 99.28.
Ordinance 2005.22 amended section 7 -4 -1 by
adding the section number and heading and cor-
recting a reference to now - superseded chapter 7 -3
relating to fees. Ordinance 2006.16 removed the
words "and water conservation"
Ordinance 2005.22 amended section 7 -4 -2 by
adding the section number and heading and in-
serting "town manager" for "development ser-
vices director ". Ordinance 2006.16 removed vari-
ous references to water conservation credits
Ordinance 2006.16 renamed Chapter 7 -5 from
"additional building requirements" and deleted
section 7 -5 -1 entitled "location of gasoline
pumps"
Ordinance 2006.16 renumbered and renamed
Section 7 -5 -1, deleted "sewerage systems and /or"
from the beginning of paragraph A and added
paragraph B
Title 7. Building 0
standards to be certified by the appropriate state or county agency
or the town engineer.
B. Sewer systems shall be reviewed under the adopted plumbing
code, Pima County wastewater management department, and Pi-
ma County department of environmental quality in accordance
with local and state regulations. All connections to any sewer sys-
tem must be approved in writing by Pima County wastewater
management department prior to a building permit being issued.
Pima County may waive this requirement when requested by the
building official.
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 subdi-
vision. 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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MARANA TOWN CODE 7 -4
Section 7 -5 -2 was added by Ordinance 2006.16.
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Title 8
Transaction Privilege Tax �
TITLE 8. TRANSACTION PRIVILEGE TAX
CHAPTER 8 -1. ADOPTION OF TAX CODE ........................................................... ............................8 -1
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Title 8. Transaction Privilege Tax 0
TITLE 8. TRANSACTION PRIVILEGE TAX
CHAPTER 8 -1. ADOPTION OF TAX CODE
That certain document known as "the tax code of the town of Marana,
Arizona ", three copies of which are on file in the office of the town
clerk and which has been made a public record by resolution, and any
amendments to it, is hereby referred to, adopted and made a part of
this town code as if fully set out in this title.
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MARANA TOWN CODE
8 -1
Title 8 was adopted by Ordinance 96.03. See Or-
dinance 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.)
12/20/2013
Title 9 �
Business Regulations
TITLE 9. BUSINESS REGULATIONS
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.
BUSINESSLICENSE ........................................................................ ............................9 -1
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS .. ............................9 -6
SWAPMEETS .................................................................................. ...........................9 -12
MASSAGE ESTABLISHMENTS .................................................... ...........................9 -13
CLOTHING AND CONDUCT FOR QUALIFIED ESTABLISHMENTS .............9 -33
SEXUALLY ORIENTED BUSINESSES ......................................... ...........................9 -36
LIQUOR LICENSE TAX ................................................................. ...........................9 -57
CABLE TELEVISION ...................................................................... ...........................9 -57
PENALTY......................................................................................... ...........................9 -80
SURFACE MINING AND LAND RECLAMATION .................. ...........................9 -80
SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE . ...........................9 -87
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Title 9. Business Regulations •
TITLE 9. BUSINESS REGULATIONS
Title 9 was adopted by Ordinance 96 .09. See Or-
dinance 93.02 for prior history. Ordinance
CHAPTER 9 - 1 . BUSINESS LICENSE
2009.14 made revisions throughout title 9 to
transfer the licensing duties from the town clerk to
9 -1 -1 License required; exceptions
the license inspector. See Appendix (Table of Revi-
, ;Inn. , ;) fnr raffPrfr ,�Prhnn,�_
A. It is unlawful for any person, whether as principal or agent, either
Ordinance 2000.06 added the word "exceptions"
for himself or for another person, or for any corporation, or as a
to the title of section 9-1-1. On July 24, 2013, the
member of any firm or partnership, to commence, practice, trans
town attorney corrected a scrivener's error in the
act or carry on a trade, calli profession, occupation or busi
section heading changing " licensed " to " license"
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 speci-
fied 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, call-
ing, 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, occupa-
tion 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
Ordinance 2000.06 added paragraph 5
person's residential premises, so long as the activity neither ex-
ceeds 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
properly completed application for a business license and verifica-
tion of the data contained on it, to prepare and issue a license un-
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MARANA TOWN CODE 9 -1 1212012013
Title 9. Business Regulations •
der this chapter for every person, corporation or partnership re-
quired to pay a license fee under this chapter and to state in each
license the amount charged for the same, the period of time cov-
ered, and the trade, calling, profession, occupation or business li-
censed, and the location or place of business where the trade, call-
ing, profession, occupation or business is to be carried on, transact-
ed 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
complied 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 issued
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., 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 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 oth-
er entity operating a surface mining operation, as defined in chap-
ter 9 -10, including a renewal license, shall be in an amount estab-
lished 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
enforce 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 materi-
al,
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
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MARANA TOWN CODE 9 -2
Section 9 -1 -3 was rewritten by Ordinance
2000.06; and amended by Ordinance 2009.11,
which moved specific fees to the comprehensive fee
schedule
Paragraph B was added by Ordinance 98.12 and
amended by Ordinance 2010.13 to clarify that the
fee is payable for any application to the depart-
ment of liquor licenses and control
Ordinance 2002.07 added paragraph C
12/20/2013
Title 9. Business Regulations •
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-
tion which otherwise would unduly imperil life, safety or
property of other persons.
D. All charges for a license required by this chapter shall be paid in
advance and in lawful money of the United States of America at
the office of the 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 discontin-
uing 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 estab-
lishment or separate place of business in which any person, corpo-
ration 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, cor-
poration or partnership at one fixed place of business, only one li-
cense 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.
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MARANA TOWN CODE 9 -3
12/20/2013
Title 9. Business Regulations •
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
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 2009.25 changed "town clerk" to "11-
duce and exhibit the same whenever requested to do so by the li-
cense inspector" and revised the last phrase in
cense inspector, an police officer or an agent or employee of the
p any Y g
paragraph C
town.
9 -1 -6 License inspector
Ordinance 2009.14 changed the title of section
9 -1 -6 (formerly "Inspector of licenses"") and re-
A. The town manager shall designate a town employee who shall be
placed "town clerk," in all instances, with "license
the license inspector, and all police officers and code compliance
inspector." Ordinance 2013.013 added code com-
officers of the town shall be assistant inspectors of licenses and, in
pliance officers to paragraph A.
addition to their several duties, are hereby required to see that all
required licenses are obtained. The license inspector shall maintain
a record for each license issued and shall record the reports of vio-
lations 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
Ordinance 2000.06 rewrote section 9 -1 -7
The inspector of licenses and the assistant inspectors, each in the dis-
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, and to is-
Ordinance 2013.013 added the final clause to
sue a citation through a code compliance officer for any civil viola-
paragraph A, concerning code compliance officer
tion of the rovisions of this chapter.
p p
citations
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-
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MARANA TOWN CODE 9 -4 1212012013
Title 9. Business Regulations •
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 Ordinance 2000.06 rewrote section 9 -1 -10 to
A. Licenses issued under the provisions of this chapter may be de-
combine former sections 9 -1 -10 and 9 -1 -11.
nied, restricted, suspended or revoked by the town, after notice, for
any of the following causes:
1. Fraud, misrepresentation or material false statement contained
in the application for license;
2. Fraud, misrepresentation or material false statement made in
the course of carrying on the business;
3. Any violation of this chapter;
4. Conducting business in violation of any town ordinance, coun-
ty 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 suspen-
sion and proposed revocation.
D. The licensee may take the necessary actions during the suspension
period to remedy the violation(s), if allowable, and apply to the li-
cense inspector to have the license fully restored. The suspension
notice shall be void, and the suspended license shall be promptly
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MARANA TOWN CODE 9 -5 1212012013
Title 9. Business Regulations •
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
Former section 9 -1 -12 was renumbered as section
A. Any person aggrieved by the denial of an application for license or
9 -1 -11 by Ordinance 2000.06
by the restrictions placed upon the license or by the suspension or
revocation of the license, and who is not satisfied with the decision
of the town manager or his or her designee shall have the right to
an appeal before the town council. An appeal shall be taken by fil-
ing with the town clerk, within 15 days after the decision of the
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
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
licensee, 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
Ordinance 2013.014 rewrote section 9 -1 -12,
which was added by Ordinance 2000.10
To ensure compliance with the provisions of chapter 9 -6 regarding
sexually oriented businesses, whenever the license inspector has rea-
son to believe that the sale or rental for any form of consideration of
any merchandise defined in section 9 -6 -2 B is a principal business pur-
Former section 9 -1 -13 entitled "Penalty ", adopted
pose of any business licensed under this chapter, the license inspector
by Ordinance 96.09 and amended by Ordinance
may require the business to provide to the license inspector state-
98.12, was deleted by Ordinance 2000.06
ments, in a form prescribed by the license inspector, detailing the per-
centage of the business's total retail sales, total inventory and total re-
tail floor space attributable to such merchandise. The license inspector
may also request that the business provide supporting documentation
or information reasonably necessary to verify any of the information
provided in the detailed statements.
CHAPTER 9 -2. PEDDLERS, SOLICITORS AND TRANSIENT
MERCHANTS
9 -2 -1 Definitions
In this chapter, unless the context otherwise requires:
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MARANA TOWN CODE 9 -6 1212012013
Title 9. Business Regulations •
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 pro-
visions, 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 provisions of this title shall be deemed a peddler subject to the
provisions 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 food-
stuffs, personal property of any nature whatsoever for future de-
livery 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 deliv-
ery.
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
business of selling and delivering goods, wares, merchandise, edi-
ble foodstuffs, services or provisions, within the town, and who, in
furtherance of that purpose, hires, leases, uses or occupies any
building, 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,
merchandise and edible foodstuffs, either privately or at public
auction. The person or firm so engaged shall not be relieved from
complying with the provisions of this title merely by reason of as-
sociating 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, mer-
chant or auctioneer.
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.
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MARANA TOWN CODE
9-7
Ordinance 2000.06 added the word "services" to
paragraph C
Ordinance 2000.06 rewrote section 9 -2 -2, incor-
porated the subject matter of former section 9 -2 -3
( "Registration required "), and renumbered the
remaining sections to conform.
12/20/2013
Title 9. Business Regulations •
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 busi-
ness, a separate license shall be required and a separate appropri-
ate 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.
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 up-
on their living premises (i.e. yard or garage sales). Nothing contained
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 pur-
suant to law.
9 -2 -4 Conducting business without license prohibited
It is unlawful for any solicitor, peddler, or transient merchant to con-
duct or transact business without having registered with the license
inspector and without having obtained a license for it; without having
the license in possession; or to fail to exhibit the license upon request
by any official of the town. Each violation of this chapter shall consti-
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MARANA TOWN CODE 9 -8
Ordinance 2000.06 changed "to prevent" to "Pre-
vents "
Ordinance 2000.06 modified section 9 -2 -4 to refer
to "license" instead of "registration card"
12/20/2013
Title 9. Business Regulations •
tute a separate violation for each and every day that the activity oc-
curred 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 li-
cense inspector a sworn application in writing, on a form to be fur-
nished by the license inspector, which shall give the following in-
formation:
1. Name and physical description of the applicant;
2. Complete permanent home and local addresses of the applicant
and, in the case of a transient merchant, the local address from
which proposed sales will be made;
3. A brief description of the nature of the business and goods to
be sold;
4. If employed, the name and address of the employer (no post
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 munici-
pal ordinance, other than traffic violations, the nature of the of-
fense 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,
unless the town discovers through any investigation that the appli-
cant, his or her agents, or representatives have been convicted of or
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MARANA TOWN CODE 9 -9
Ordinance 2005.22 rewrote section 9 -2 -5
Ordinance 2005.22 rewrote paragraph A(6)
Ordinance 2000.06 rewrote paragraph B
12/20/2013
Title 9. Business Regulations •
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 organization 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 provisions of this chapter.
9 -2 -8 Fees
Ordinance 2000.06 amended paragraph A and
A. Every applicant peddler, solicitor, or transient merchant under this
added paragraphs B through F
chapter shall pay a license fee or license renewal fee in an amount
Ordinance 2009.11 amended ara ra hs A and F
p g p
established b a fee schedule adopted b the council and amended
Y Y
by adding reference to the comprehensive fee
from time to time for each business endeavor conducted in the
schedule and deleting specific fee amounts
town.
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 renew-
al charge for all licenses provided in this chapter shall become due
and payable on the anniversary date of the issuance of the license
and every anniversary date thereafter. Any new license charge
shall become due and payable and be paid on or before the day of
commencing to carry on, transact, or practice the trade, calling,
profession, occupation or business for which a license is required
by this chapter.
E. Any person, firm, company or corporation who discontinues the
activity during the period covered by the current license shall not
be entitled to any refund of license fee for that portion of the peri-
od 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.
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MARANA TOWN CODE 9 -10 1212012013
Title 9. Business Regulations •
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 2000.06 changed "arrests" to "cita-
chapter. The chief of police shall report to the license inspector all cita-
tions 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 2000.06 changed "registration card" to
Peddlers, solicitors, and transient merchants are required to exhibit
"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 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
Ordinance 2000.06 rewrote section 9 -2 -12 (section
A. A license issued under the provisions of this chapter may be de-
p p y
9 -2 -14 of Ordinance 96.09), incorporated the sub -
sect matter of former section 9 -2 -13 ("Revocation of
nied, restricted, suspended or revoked by the license inspector for
registration cards""), and renumbered the remaining
any of the following causes:
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
turpitude;
5. Conducting business in an unlawful manner or in a way that
constitutes a breach of the peace or a menace to the health, safe-
ty or general welfare of the public; or
6. If deemed necessary in the interest of public safety and protec-
tion.
B. If a license is revoked, the revocation shall be effective immediately
and the applicant shall not conduct any business activity within
the town.
C. At the time of denial or revocation the 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
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MARANA TOWN CODE 9 -11 1212012013
Title 9. Business Regulations •
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 2000.06 changed "licensee" to "appel-
A. Any person aggrieved by the denial of an application for a license
lant" and "hearing officer" to "Town manager or
or by the restrictions placed upon the license or by the suspension
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 appel-
lant 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.
Ordinance 2000.06 deleted former section 9 -2 -16
( "Penalty ")
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
Ordinance 2000.06 added the word "organiza-
who operates or conducts a swap meet.
tion" 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.
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MARANA TOWN CODE 9 -12 1212012013
Title 9. Business Regulations •
9 -3 -2 License required
Ordinance 2000.06 rewrote section 9 -3 -2
A. It is unlawful for any swap meet operator to engage in any swap
meet business within the town without first complying with the li-
censing requirements of chapter 9 -1.
B. It is unlawful for any vendor conducting or transacting business
within the confines of a swap meet to engage in any swap meet
business within the town without first complying with the licens-
ing requirements of chapter 9 -1 unless the appropriate swap meet
operator 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 per-
sonal property within the confines of that person's residential
premises, so long as the activity does not exceed three consecutive
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 2000.06 changed "their" to "conduct -
in in paragraph B and deleted
g ormer section f
license for conducting regular business activity, but shall be ex-
9 -3 -4 ( "Penalty ")
empt from the licensing requirements of this chapter.
CHAPTER 9 -4. MASSAGE ESTABLISHMENTS
Chapter 9 -4 was adopted by Ordinance 2011.01.
9 -4 -1 Purpose and intent
Former chapter 9 -4 entitled "Massage Therapists
and Establishments" was adopted by Ordinance
It is the p p ur ose and intent of this chapter to enhance the professional-
96.09, rewritten by Ordinance 2000.06, and re-
pealed by Ordinance 2005.22 to conform to A.R.S.
ism of the massage service industry, to protect the health and safety of
§ 32 -4201 et seq.
the public and to assure the integrity of the massage service industry
by reducing unprofessional practices.
9 -4 -2 Definitions
Ordinance 2012.13 amended several definitions in
The following definitions shall apply throughout this chapter unless
section 9 -4 -2
the context clearly indicates otherwise.
A. "Applicant" means a person who applies for a manager license or
Ordinance 2011.22 amended ara ra h A to add
p g p
a massage establishment license. The applicant for a massage es-
g pp g
everything after the first sentence
tablishment license must be an owner of or a controlling person in
the establishment or a person who has day -to -day operational con-
trol or responsibility for the establishment, such as a manager. If
the applicant is a corporation, firm, partnership, association, organ-
ization or any other group acting as a unit, only one natural person
need serve as the applicant for purposes of this chapter; however,
that natural person must be an owner of or a controlling person in
the establishment or a person who has day -to -day operational con-
trol or responsibility for the establishment, such as a manager.
B. "Client" means an individual who enters into an agreement for
massage therapy, usually for a fee, income or compensation of
some kind.
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MARANA TOWN CODE 9 -13 1212012013
Title 9. Business Regulations •
C.
"Controlling person' means any individual who has a 20% or
greater interest in the ownership or the earnings of the business.
D.
"Designated agent" means the individual designated by the appli-
cant or licensee who will be the responsible party to receive town
notices pursuant to this chapter.
E.
"Employ" means to hire, or to engage or authorize the services of,
without regard to compensation, any individual, on a full -time,
part -time, or contract basis, whether or not the person employed,
hired or engaged is designated an employee, independent contrac-
tor, or sublessee.
F.
"Employee" means any person who performs any service at a mas-
sage facility on a full -time, part -time or contract basis, whether or
not the person is designated an employee, independent contractor,
or sublessee. Employee does not include a person exclusively at
the massage facility for repair or maintenance of the massage facili-
ty or for the delivery of goods to the licensee.
G.
"Knowingly" means with respect to conduct or a circumstance de-
scribed by this chapter, that a person is aware or believes that his
or her conduct is of that nature or that the circumstance exists. It
does not require any knowledge of the unlawfulness of the act or
omission.
H.
"Licensee" means the person in whose name a massage establish-
ment or manager license has been issued by the license inspector
Ordinance 2011.22 rewrote paragraph H
pursuant to this chapter. If the licensee is a corporation, firm, part-
nership, association, organization or any other group acting as a
unit, each owner, controlling person and corporate officer shall be
considered a licensee for purposes of this chapter.
I.
"Manager" means an individual authorized by the massage estab-
lishment licensee to exercise overall operational control of the
business, to supervise employees, or to fulfill any of the functions
required of a manager by this chapter.
J.
"Massage or touching techniques" means any of the following
named subjects and methods of treatment intended for use upon or
subjects
Upon codification of Ordinance 2011.01, the town
attorney renumbered paragraphs J through O as a
in connection with the human body: oil rubs; alcohol rubs; salt
scrivener's error under the authority of sec -
glows; hot or cold packs; herbal wraps; and touching procedures
tion 1 -4 -5
upon the external parts of the body by use of the hands, forearms,
elbows, knees or feet, or by any electrical, mechanical or vibratory
apparatus, including stroking, friction, kneading, rolling, vibrating,
cupping, petrissage, rubbing, effleurage and tapotement.
K.
"Massage establishment" means any place of business or estab-
lishment where any of the subjects or methods of treatment listed
On December 13, 2011, the town attorney correct-
in paragraphs J or M are administered, practiced or used, or from
ed the cross - references in paragraph K as a scrive-
ner's error under the authority of section 1 -4 -5
which is dispatched a person for the purpose of administering,
practicing or using any of the subjects or methods of treatment
listed in paragraphs J or M.
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MARANA TOWN CODE 9 -14 1212012013
Title 9. Business Regulations •
L. "Massage therapist" means a person who is licensed pursuant to
chapter 42 of title 32 of the Arizona revised statutes to engage in
the practice of massage therapy.
M. "Massage therapy" means any of the following that are undertaken
to increase wellness, relaxation, stress reduction, pain relief and
postural improvement, or provide general or specific therapeutic
benefits:
1. The manual application of compression, stretch, vibration or
mobilization of the organs and tissues beneath the dermis, in-
cluding the components of the musculoskeletal system, periph-
eral vessels of the circulatory system and fascia, when applied
primarily to parts of the body other than the hands, feet and
head.
2. The manual application of compression, stretch, vibration or
mobilization using the forearms, elbows, knees or feet or
handheld mechanical, electrical, water or vibratory devices.
3. Any combination of range of motion, directed, assisted or pas-
sive movements of the joints.
4. Hydrotherapy, including the therapeutic applications of water,
heat, cold, wraps, essential oils, skin brushing, salt glows and
similar applications of products to the skin.
N. "Person' means a corporation, firm, partnership, association, or-
ganization and any other group acting as a unit, as well as an indi-
vidual. It includes a trustee, receiver, an assignee, or similar repre-
sentative.
O. "Private anatomical areas" means the genitals, perineum and anal
region of any person and the area of the breast that includes the
areola and the nipple of any female person.
P. "Sexual activity" means any of the following:
1. Any direct or indirect touching, fondling or manipulating of
the private anatomical areas by any part of the body or by any
object.
2. Causing a person to engage in the conduct described in sub-
paragraph 1 of this paragraph.
3. Offering to engage in the conduct described in subparagraph 1
of this paragraph.
4. Making sexual advances, requesting sexual favors or engaging
in verbal conduct or physical contact of a sexual nature.
9 -4 -3 Duties of license inspector; appeals
A. It shall be the duty and responsibility of the town's license inspec-
tor, described in section 9 -1 -6, to administer the provisions of this
chapter. Pursuant to this duty, the license inspector shall issue, re-
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MARANA TOWN CODE
9 -15
12/20/2013
Title 9. Business Regulations •
new, deny, suspend, or revoke massage establishment licenses or
manager licenses as required by this chapter.
B. Any party aggrieved by a decision of the license inspector under Ordinance 2011.22 rewrote paragraph B
this chapter may appeal as provided in this chapter.
9 -4 -4 Classification; continuing violations; effect of revocation or
suspension on prosecution
A. Whenever in this chapter any act is prohibited or declared to be
unlawful or the doing of any act is required or the failure to do any
act is declared to be unlawful, the violation of that provision is a
class one misdemeanor.
B. Each day any violation continues shall constitute a separate of-
fense.
C. Revocation or suspension of a license shall not be a defense against
prosecution.
9 -4 -5 Massage therapist license required
It is unlawful for any person to practice or in any manner to claim to
practice massage therapy without first obtaining and maintaining in
effect a current, unrevoked and unsuspended massage therapist li-
cense as required by Arizona revised statutes.
9 -4 -6 Massage establishment license required; non - transferability; Ordinance 2011.22 added "non- transferability" to
exclusions the title of section 9 -4 -6, added paragraph D, and
A. It is unlawful for any person to conduct or operate a massage es-
renumbered paragraph E
tablishment without first obtaining and maintaining in effect a cur-
rent, unrevoked and unsuspended massage establishment license
as required by this chapter.
B. It is unlawful for any person licensed as provided in this chapter to
operate under any name or conduct business under any designa-
tion not specified in the license.
C. It is unlawful for any massage establishment licensed as provided
in this chapter to conduct business at any location not specified in
the license.
D. All massage establishment licenses issued pursuant to this chapter
are non transferable. Upon the sale or transfer of any interest in a
massage establishment, a new application must be submitted for
that establishment and all provisions of this chapter shall apply to
the new application.
E. The provisions of paragraph A shall not apply to a place of busi-
ness or establishment where all persons offering massage or touch-
ing techniques or massage therapy are licensed as either a barber,
aesthetician, cosmetologist, or nail technician pursuant to Arizona
revised statutes, and who practice within the scope of that person's
license.
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MARANA TOWN CODE 9 -16 1212012013
Title 9. Business Regulations •
9 -4 -7 Manager license required; non - transferability
A. It is unlawful for any person to exercise overall operational control
Ordinance 2011.22 added "non- transferability" to
the title of section 9 -4 -7, added paragraph B, and
of a massage establishment, to supervise employees, or to fulfill
numbered paragraph A
any of the functions required of a manager by this chapter without
first obtaining and maintaining in effect a current, unrevoked and
unsuspended manager license as required by this chapter.
B. All manager licenses issued pursuant to this chapter are non-
transferable
9 -4 -8 New license application; fees; supplemental information
Ordinance 2012.13 added "supplemental infor-
A. An person desiri to obtain a mass establishment or manager
Any g g g
mation" to the title and added paragraph D of
section 9-4-8. Ordinance 2011.22 revised the last
license shall apply to the license inspector on the form provided by
sentence of paragraph A and rewrote paragraph C.
the license inspector for that purpose. The license inspector shall
refer the application to the appropriate town departments for in-
vestigation.
B. Each application shall be accompanied by a non - refundable appli-
cation fee and a first year license fee as set forth by a fee schedule
approved by the council and amended from time to time. If a li-
cense application is denied, the first year license fee will be refund-
ed to the applicant.
C. In addition to the fees required by paragraph B, each person re-
quired to submit fingerprints pursuant to this chapter shall pay the
license inspector the fee established by the director of the Arizona
department of public safety for the processing of fingerprints pur-
suant to this chapter and A.R.S. § 41 -1750.
D. The applicant has an affirmative duty to supplement a pending
application with new information received subsequent to the date
the application was submitted to the town.
9 -4 -9 Massage establishment license application; separate license;
Ordinance 2012.13 amended section 9 -4 -9 by
husband and wife; additional requirements
adding "additional requirements" to the title,
adding subparagraphs (A) (20) and (21); deleting
A. Each application for a massage establishment license shall consist
former paragraph B (requiring separate licenses in
of, as applicable, the following:
certain instances), renumbering former paragraph
C to B, and adding paragraph C
1. The full legal name, business name, business phone number,
legal form of applicant, current residential phone number and
current residence or legal address of the applicant.
2. Physical description and date and place of birth of the appli-
cant.
3. Any other names by which the applicant has been known.
4. The address at which the applicant desires to do business.
5. The applicant's mailing address for purposes of receiving town
notices and other licensing correspondence relating to the ap-
plicant, the licensee, or the enforcement of this chapter.
6. The business hours for the establishment.
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MARANA TOWN CODE 9 -17 1212012013
Title 9. Business Regulations •
7. All residence addresses of the applicant for the five -year period
Ordinance 2011.22 added "of the applicant" to
prior to the date of application and the dates of residence at
subparagraphs 7 and 13
each.
8. The name or names of all managers and the designated agent.
9. The name or names of all controlling persons.
10. The applicant's business, occupation and employment history
for the five -year period immediately preceding the date of ap-
plication, including addresses and dates of employment.
11. Written proof, in the form of a current driver's license with pic-
ture, or other current picture identification document issued by
a governmental agency, that the applicant has reached the age
of 18 years.
12. The business license history of the applicant; whether the ap-
plicant, while operating in this or another city or state under li-
cense, has had a previous license revoked or suspended, the
reason for the revocation or suspension, and the business activ-
ity or occupation subsequent to the suspension or revocation.
13. All felony and misdemeanor convictions of the applicant, ex-
cluding those for civil traffic offenses, and the grounds for each
conviction.
14. A full set of fingerprints on a standard fingerprint card, record-
Ordinance 2011.22 rewrote subparagraph 14
ed b the police department for each of the following individu-
Y p p g
als:
a. All applicants
b. All owners of and controlling persons in the establishment
c. The designated agent
15. The articles of incorporation, articles of organization, or certifi-
cate of limited partnership, together with any amendments, for
the applicant, as applicable.
16. A list of services to be offered by the massage establishment.
17. A site plan showing the configuration of the overall business
Ordinance 2011.22 rewrote the introduction to
premises and a floor plan containing the information required
paragraph 17
by this paragraph. The plans need not be professionally pre-
pared but must be at least 8 1 /2 inches by 11 inches in size. The
floor plan shall include the following:
a. The location of all interior doors, walls, curtains and room
dividers.
b. A description of the use of each interior space or room, in-
cluding a designation, by type of use, of each room or space
available for massage or touching techniques or massage
therapy by the applicant.
c. A designation of each room or space that is being, or is in-
tended to be, leased, subleased or licensed for use by any
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MARANA TOWN CODE 9 -18 1212012013
Title 9. Business Regulations •
person other than the applicant and a description of its in-
tended and actual use.
d. A designation of each room or space that is being, or is in-
tended to be, leased, subleased, or licensed for use by any
person other than the applicant for purposes of offering
massage or touching techniques or massage therapy and a
description of its intended and actual use.
e. The location of the business license required to be dis-
played pursuant to this chapter.
18. One digital photograph of the applicant taken by the license in-
spector or designee at the time of application.
19. Any other identification and information the license inspector
may require.
20. The name or names of all employees of the massage establish-
ment.
21. Written 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. If the persons identified as the fee
owners of the tract of land are not also the owners of the mas-
sage establishment, then written proof evidencing the legally
enforceable right of the applicant to have or obtain the use and
possession of the tract of land for the purpose of the operation
of the massage establishment, in the form of a lease, purchase
contract, purchase option contract, lease option contract or oth-
er similar documents.
B. A single license shall be issued to an applicant that consists of a
husband and wife.
C. In addition to any other application requirements, the applicant for
any massage establishment to be located at the same location at
which a massage establishment license was denied, revoked, sus-
pended or denied renewal within the previous six months shall
provide to the license inspector a sworn statement, in a form pre-
scribed by the license inspector, verifying that no person involved
in the ownership, control or management of the previous massage
establishment is involved in the ownership, control or manage-
ment of the applicant. The license inspector may also request such
documents as are reasonably believed necessary to verify any of
the information in the sworn statement.
9 -4 -10 Manager license application
Each application for a manager license shall consist of the following:
A. Full legal name, physical description, and date and place of birth.
B. Any other names by which the applicant has been know.
C. Current residence address, mailing address and telephone number.
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MARANA TOWN CODE 9 -19
12/20/2013
Title 9. Business Regulations •
D. All residence addresses for the five -year period immediately prior
to the date of application and the dates of residence at each.
E. Employment history for the five -year period preceding the date of
application with dates and addresses for each.
F. Written proof, in the form of a current driver's license with picture,
or other current picture identification document issued by a gov-
ernmental agency, that the applicant has reached the age of 18
years.
G. All felony and misdemeanor convictions, excluding those for civil
traffic offenses, and the grounds for each conviction.
H. The business license history of the applicant; whether the appli-
cant, while operating in this or another city or state under license,
has had a previous license revoked or suspended, the reason for
the revocation or suspension, and the business activity or occupa-
tion subsequent to the suspension or revocation.
I. One digital photograph of the applicant taken by the license in-
spector or designee at the time of application.
J. The applicant's full set of fingerprints on a standard fingerprint
card, recorded by the police department.
K. Any other identification and information as the license inspector
may require.
9 -4 -11 Additional application requirements
A. No license shall be issued to an individual if the individual does
not present one or more of the following documents as requested
by the license inspector indicating that the individual's presence in
the United States is authorized under federal law and complies
with the Arizona legal workers act:
1. An Arizona driver's license issued after 1996 or an Arizona
non - operating identification license.
2. A driver license issued by a state that verifies lawful presence
in the United States.
3. A birth certificate or delayed birth certificate issued in any
state, territory or possession of the United States.
4. A United States certificate of birth abroad.
5. A United States passport.
6. A foreign passport with a United States visa.
7. An I -94 form with a photograph.
8. A United States citizenship and immigration services employ-
ment authorization document or refugee travel document.
9. A United States certificate of naturalization.
10. A United States certificate of citizenship.
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MARANA TOWN CODE 9 -20
12/20/2013
Title 9. Business Regulations •
11. A tribal certificate of Indian blood.
12. A tribal or bureau of Indian affairs affidavit of birth.
B. This section does not apply to an individual, if all of the following
apply:
1. The individual is a citizen of a foreign country or, if at the time
of application, the individual resides in a foreign country.
2. The benefits that are related to the license do not require the
individual to be present in the United States in order to receive
those benefits.
9 -4 -12 License application investigation; authority to receive
Ordinance 2012.13 amended section 9 -4 -12 by
criminal history record information; use of criminal history
adding "authority to delay licensing decision" to
record information; authority to delay licensing decision
the title, adding "owners" to paragraphs C and E,
and adding paragraph F
A. Any applicant for a massage establishment license or a manager li-
cense issued pursuant to this chapter shall personally appear at the
office of the license inspector and shall present the application con-
taining the information required by this chapter.
B. The town shall have a reasonable time within which to investigate
the application and the background of the applicant, all owners
Ordinance 2011.22 rewrote paragraph B
and controlling persons, the designated agent and the manager.
The investigation shall include an inspection of the premises of the
massage establishment or proposed massage establishment by the
appropriate town departments, as well as any appropriate federal,
state or county agencies, for the purpose of ensuring compliance
with this chapter and any code, statute or regulation relating to
human health, safety or welfare or structural safety. Based on the
investigation, the departments shall recommend to the license in-
spector approval or denial of the license.
C. Pursuant to A.R.S. § 41 -1750, the town is hereby authorized to re-
ceive criminal history record information for the purpose of evalu-
ating the fitness of current and prospective massage establishment
licensees, including applicants, owners, controlling persons and
designated agents, and current and prospective massage estab-
lishment manager licensees.
D. Pursuant to A.R.S. § 41 -1750 and public law 92 -544, the town shall
submit all fingerprints obtained pursuant to this chapter to the Ar-
izona department of public safety for the purpose of obtaining
state and federal criminal history record information. The Arizona
department of public safety is authorized to exchange this finger-
print data with the federal bureau of investigation.
E. Criminal history record information obtained by the town pursu-
ant to this chapter shall be used only for the purpose of evaluating
the fitness of current and prospective massage establishment licen-
sees, including applicants, owners, controlling persons and desig-
nated agents, and current and prospective massage establishment
manager licensees. The town shall comply with all relevant state
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MARANA TOWN CODE 9 -21 1212012013
Title 9. Business Regulations •
and federal rules and regulations regarding the dissemination of
criminal history record information.
F. Notwithstanding any other provision of this chapter, the license
inspector may delay the granting or denial of a massage establish-
ment license, upon the submission of a complete application, for a
period of up to 90 days if there exists, or did exist within the 60-
day period prior to the date the application was first submitted, an
active massage establishment license at the location for which the
application was submitted and there also exists a law enforcement
report documenting a violation of this chapter at that establish-
ment or a state prosecution of that existing establishment relating
to compliance with any of the provisions of this chapter. For pur-
poses of this paragraph, an active massage establishment license
includes a license that has been suspended or revoked, provided
that a revoked license is no longer active after passage of the peri-
od of time for appeal with no appeal taken, or after the hearing of-
ficer has ruled in the event an appeal is taken and the decision is in
the town's favor. Notwithstanding any other provision of this par-
agraph, any license subject to a judicial stay or injunction is an ac-
tive license.
9 -4 -13 License renewal
A. Within one year of the issue date for the previously effective li-
cense, all licensees under this chapter wishing to remain licensed
shall apply for renewal on a form established by the license inspec-
tor. The renewal form must be submitted at least 60 days prior to
the renewal date with the applicable renewal fee, as set forth in the
fee schedule approved by the council and amended from time to
time. For a massage establishment license renewal, the licensee
must submit a current listing of massage therapists working at the
establishment, and each massage therapist's Arizona state license
number with date of license expiration. The licensee must also
submit a current listing of managers working at the establishment,
and each manager's town license number with date of license expi-
ration. The license inspector is authorized to investigate and obtain
necessary information to update the original license application
and to determine whether the license should be renewed. For a
massage establishment license renewal, the investigation may in-
clude an inspection of the premises of the massage establishment
by the appropriate town departments, as well as any appropriate
federal, state or county agencies, for the purpose of ensuring com-
pliance with this chapter and any code, statute or regulation relat-
ing to human health, safety or welfare or structural safety. No li-
cense shall be renewed unless the licensee complies with all provi-
sions of this chapter.
B. A licensee who fails to apply for renewal at least 60 days prior to
the renewal date shall be subject to a late renewal penalty fee in ac-
cordance with the fee schedule approved by the council and
amended from time to time. If the licensee fails to start the renewal
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MARANA TOWN CODE 9 -22
On January 7, 2013, the town attorney corrected
the spelling of "licensee" in the third sentence as a
scrivener's error by authority of section 1 -4 -5 (B)
Ordinance 2012.13 inserted the third sentence to
paragraph A. Ordinance 2011.22 inserted "inves-
tigate and" in the fifth sentence and added the
sixth sentence to paragraph A
12/20/2013
Title 9. Business Regulations •
process at least 30 days prior to the license renewal date, the li-
cense shall expire and become null and void. Licensees who fail to
apply to renew their license yet who wish to continue operating or
managing massage establishments must file a new application for
license and may not operate or manage a massage establishment
until a new license has been issued.
9 -4 -14 Denial, suspension, revocation or nonrenewal of license
A. The license of a massage establishment or license of a manager
Ordinance 2011.22 inserted "for a period not to
may be denied, revoked, suspended for a period not to exceed 60
exceed 30 calendar days" in paragraph A. Ordi-
calendar days, or denied renewal upon any one or more of the fol-
nance 2012.13 revised it to 60 calendar days and
lowing grounds:
made various other changes to section 9 -4 -14,
including adding subparagraphs (A) (16) through
1. The applicant, licensee, designated agent or controlling person
(26).
is guilty of fraud in conducting the business of a massage es-
tablishment or of fraud or deceit in obtaining a license.
2. The applicant, licensee, designated agent or controlling person
has been convicted within the past five years in a court of com-
petent jurisdiction of a felony or misdemeanor offense having a
reasonable relationship to the functions of a massage estab-
lishment or a massage therapist, including but not limited to
any offense involving dishonesty, deceit, theft, assaultive con-
duct or sexual misconduct. The fact that the conviction is being
appealed or has been set aside shall have no effect.
3. The applicant, licensee, designated agent or controlling person
has been convicted within the last five years of any offense
proscribed by title 13, chapters 14, 32, and 35.1 of the Arizona
revised statutes, or any offense committed outside this state or
town that if committed in this state or town would constitute a
violation of any offense proscribed by title 13, chapters 14, 32,
and 35.1 of the Arizona revised statutes. The fact that the con-
viction is being appealed or has been set aside shall have no ef-
fect.
4. The applicant, licensee, designated agent or controlling person
is guilty of untrue, fraudulent, misleading, or deceptive adver-
tising.
5. The applicant, licensee, designated agent or controlling person
is engaged in the business of massage therapist, manager, or
massage establishment under a false or assumed name, or is
impersonating another therapist or manager of a like or differ-
ent name.
6. Any violation of this chapter. This paragraph shall apply re-
gardless of the location at which the violation occurred.
7. In the case of a massage establishment, any person who did not
qualify as a controlling person at the time the license was is-
sued has acquired a 20% or greater interest in the licensee.
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MARANA TOWN CODE 9 -23 1212012013
Title 9. Business Regulations •
8. In the case of a massage establishment, the massage establish-
ment has operated at a location that has not been licensed for
use by the town.
9. In the case of a massage establishment, the licensee has ceased
to use the license for purposes of offering massage therapy. The
failure to offer massage therapy at a massage establishment for
30 consecutive days shall create a rebuttable presumption that
the licensee has ceased to use the license for purposes of offer-
ing massage therapy.
10. In the case of a massage establishment, the applicant or licensee
has failed to maintain in the records of the license inspector the
name of an individual as a designated agent.
11. The applicant, licensee, manager, any employee or the desig-
nated agent has photographed a customer while the customer
was on the premises of a massage establishment and located
within any treatment room, restroom, locker room or dressing
room, without the express, written permission of that custom-
er. For purposes of this subparagraph the word "'photo-
graphed" shall mean the use of any electronic or mechanical
device to record, reproduce or transmit an optical image.
12. The applicant, licensee, designated agent, manager or control-
ling person knows or should have known that prostitution, in-
decent exposure or pornographic acts are occurring or have oc-
curred in the operation of the massage establishment.
13. The license application was falsified.
14. The applicant, licensee or a controlling person has an outstand-
ing warrant for his or her arrest.
15. The applicant was a controlling person for a massage estab-
lishment license that was revoked within the previous five
years for an act or acts that occurred while the controlling per-
son was a controlling person for the licensee.
16. In the case of a massage establishment, the licensee has failed
to maintain in the records of the license inspector the name and
license number of each person employed as a manager at the
massage establishment.
17. The applicant or licensee is under 18 years of age.
18. The license application is incomplete and the applicant fails to
provide the missing information within the timef rame set forth
in a written notice specifying the missing or incomplete infor-
mation and provided to the applicant by the license inspector.
19. In the case of a massage establishment, business has been con-
ducted in an unlawful manner.
20. In the case of a massage establishment, business has been con-
ducted in such manner as to constitute a breach of the peace or
a menace to the health, safety or general welfare of the public.
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MARANA TOWN CODE
9 -24
12/20/2013
Title 9. Business Regulations •
21. The applicant, licensee, designated agent or controlling person
is delinquent in payment to the town of taxes, fees, fines or
penalties assessed against or imposed upon the applicant, li-
censee, designated agent or controlling person in relation to a
massage establishment business or arising out of any other
business activity of the applicant, licensee, designated agent or
controlling person.
22. The applicant failed to provide the sworn statement or sup-
The cross - reference in subparagraph 22 was cor-
porting information required by section 9 -4 -9 C.
rected by the town attorney on December 13,
2012, by authority of town code section 1 -4 -5
23. In the case of a massage establishment, the establishment is not
in compliance with the requirements listed in section 9 -4 -19.
24. In the case of a massage establishment, the application is for a
massage establishment to be located in a physical space at
which a licensed massage establishment is in operation. For
purposes of this subparagraph, there shall be a rebuttable pre-
sumption that a location with an active massage establishment
license has a massage establishment in operation.
25. In the case of a massage establishment, the application is for a
massage establishment to be located on the same business
premises whereon is also conducted or operated a sexually ori-
ented business as defined in title 9 of the town code, or a bar,
cocktail lounge, photography studio, model studio, art studio,
motion picture studio/ theater or telephone answering service.
26. Any other reason or reasons deemed sufficient by the license
inspector, as long as the reason or reasons are based upon stat-
utes, ordinances, codes or substantive policy statements which
provide justification for the denial, suspension, revocation or
nonrenewal of the license.
B. The massage establishment license shall be denied if any of the fol-
lowing persons would be disqualified under this chapter:
1. The president or other executive officers of a corporate appli-
cant;
2. Each general partner of an applicant that is a limited partner-
ship or any partner of a non - limited partnership applicant;
3. The managing member, officer or employee of the applicant;
4. Any controlling person of the applicant.
C. If a licensee appeals the suspension, revocation or nonrenewal of
an existing license pursuant to the appeal provisions of this chap-
Ordinance 2011.22 added paragraph C
ter, the licensee shall be permitted to continue operations under
the previously effective license until resolution of the appeal.
9 -4 -15 Procedure for denial, suspension, revocation or nonrenewal;
a
appeals
pp
Ordinance 2011.22 added section 9 -4 -15 and re-
numbered the remaining sections of chapter 9 -14
A. If the license inspector determines that grounds exist to deny, sus-
to conform. Ordinance 2012.13 made various
end or revoke an ap or license, or to den renewal of a li-
p pp Y
clarifying revisions to section 9 -4 -15.
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MARANA TOWN CODE 9 -25 1212012013
Title 9. Business Regulations •
cense, the license inspector shall notify the applicant or licensee in
writing of the denial, suspension or revocation. The notice shall in-
clude justification for the denial, suspension or revocation with
references to the statutes, ordinances, codes or substantive policy
statements on which the denial, suspension or revocation is based.
The notice shall be personally served upon the licensee or upon
any responsible person at the business address on file with the li-
cense inspector or at the actual business address, if different, or
mailed by certified mail or other method for which proof of receipt
may be obtained by the license inspector to the address of the ap-
plicant or licensee listed in the current year's license application or
renewal application or to the business address of the applicant or
licensee. The notice shall also include an explanation of the appli-
cant's or licensee's right of appeal. The effective date of the notice
shall be the date the notice is actually received.
B. Within ten business days after the effective date of the notice, the
applicant or licensee may provide a written request for an appeal
hearing to the license inspector, which shall include a statement of
reasons why the license should not be denied, suspended or re-
voked. If the license inspector does not receive a request for appeal
hearing within this time period, the denial, suspension or revoca-
tion shall be final.
C. Within seven business days after receipt of the applicant's or licen-
see's request for appeal hearing, the license inspector shall either
grant the license or rescind the suspension or revocation or sched-
ule an appeal hearing before the hearing officer, as designated by
the town manager or the town council. The applicant or licensee
shall be notified in writing by any of the means specified in para-
graph A of this section of the date, time and location of the hear-
ing. The hearing shall be scheduled not less than 15 and no more
than 30 calendar days after receipt by the license inspector of the
applicant's or licensee's request for hearing. The hearing shall be
conducted in an informal manner and the rules of evidence shall
not apply. The applicant or licensee may be represented by an at-
torney.
D. Within five business days after completion of the hearing, the hear-
ing officer shall render a written decision and shall cause a copy of
the decision to be mailed by certified mail to the address specified
by the applicant or licensee. The hearing officer's decision shall be
deemed final five business days after it is mailed and shall consti-
tute final administrative action.
E. After a denial, suspension or revocation has been upheld by the
hearing officer, the applicant or licensee may seek judicial review
of the administrative action in any court of competent jurisdiction.
9 -4 -16 Application after denial, revocation or nonrenewal
No applicant may apply for a license within one year of the date of a
denial, revocation or nonrenewal of the applicant's license, unless the
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MARANA TOWN CODE 9 -26
Ordinance 2011.22 renumbered, inserted "or
revocation" in the title of, and rewrote sec-
tion 9 -4 -16. Ordinance 2012.13 inserted "or non -
renewal" in the title and deleted "suspension"
from the body of this section.
Title 9. Business Regulations •
cause of the denial, revocation, or nonrenewal has been remedied to
the satisfaction of the license inspector and at least 90 calendar days
have elapsed since the effective date of the denial, revocation or non -
renewal.
9 -4 -17 Change of location; change of services offered, configuration
of premises, business hours, mailing address, manager or
designated agent
A. Notwithstanding any other provision of this chapter, a massage es-
tablishment shall not be operated or maintained at a location that
has not been approved by the license inspector. A change of loca-
tion of a massage establishment shall be approved by the license
inspector if the applicant is in compliance with all town ordinances
and regulations, completes the appropriate location change appli-
cation and submits a fee as set forth by a fee schedule approved by
the council and amended from time to time.
B. A massage establishment shall not change the services it offers, the
use or configuration of its premises, its business hours, its mailing
address or its manager or designated agent without first providing
notice of the change to the license inspector on the form prescribed
by the license inspector for that purpose.
C. Except as otherwise provided in this chapter, any change listed in
this section shall be submitted to the license inspector within ten
calendar days of the change.
9 -4 -18 Inspection of massage establishments
An applicant for a massage establishment license, a controlling person
Ordinance 2012.13 added "or designated agent"
or designated agent for a licensee, a manager, or a licensee shall permit to the introductory paragraph of section 9 -4 -18
representatives of the police department, any other town department
and any other federal, state or county agency in the performance of
any function connected with the enforcement of this chapter or any
code, statute or regulation relating to human health, safety or welfare
or structural safety, normally and regularly conducted by the agency,
to inspect the premises of a massage establishment for the purpose of
ensuring compliance with the law at any time it is lawfully occupied
or open for business. The inspection authorized by this section shall be
limited to:
A. All areas of the premises available to patrons, provided that no in-
spection shall be done of a room occupied by a patron until the pa-
tron has been given a reasonable opportunity to dress, gather his
or her personal effects and exit the room.
B. All dressing, toilet, bathing and wash basin facilities.
C. Any location used to disinfect and sterilize equipment.
D. Any location used to store linens.
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MARANA TOWN CODE 9 -27 1212012013
Title 9. Business Regulations •
9 -4 -19 Massage establishment special requirements
An existing assa e establishment shall comply with the f ollowin
g g p Y g
Ordinance 2012.13 made various changes to sec -
tion 9 -4 -19, including adding the last sentence to
requirements and no massage establishment license shall be issued to
the introductory paragraph, adding paragraph J,
an applicant unless inspection by a town department or, where appro-
renumbering paragraph K, deleting the last sen-
priate, a federal, state or county agency indicates that the site of the
tence of paragraph K, and making other minor
establishment complies with each of the following requirements. The
revisions
licensee, owner, controlling person, designated agent and/or manager
shall ensure that the massage establishment is in compliance with the
provisions of this section.
A. A readable sign shall be permanently affixed at the main entrance
to the business identifying the business as a massage establish-
ment.
B. Lighting consisting of a minimum of one 40 watt incandescent or
Ordinance 2011.29 modified the lighting require-
g g q
1 shall provided, n in h room r n-
equivalent bu b s a be p o ded, a d used, eac o0 o e
menu in paragraph B
closure where services are performed on patrons.
C. Ventilation shall be provided in accordance with title 7 of the town
code.
D. Adequate equipment shall be provided for disinfecting and steri-
lizing instruments used in administering or practicing any of the
subjects or methods of treatment administered or practiced by the
establishment.
E. Closed cabinets shall be provided, and used, for the storage of
Ordinance 2011.22 deleted former paragraph E,
clean linens.
requiring hot and cold running water, and re-
numbered the remaining paragraphs to conform
F. Notwithstanding any other requirement of this chapter, a mini-
mum of one shower or tub shall be provided for any establishment
offering any hydrotherapy services including whirlpool baths,
saunas, steam baths, and herbal wraps.
G. Any pool or spa shall be issued a permit and inspected as required
by the Marana pool and spa code.
H. All walls, ceilings, floors, showers, bathtubs, steam rooms, and all
other physical facilities within the establishment must be in good
repair and maintained in a clean and sanitary condition. Wet and
dry heat rooms, steam or vapor rooms or cabinets, toilets and wash
basins shall be thoroughly cleaned each day business is in opera-
tion. Shower compartments and bathtubs, where provided, shall
be thoroughly cleaned after each use.
I. Clean and sanitary sheets and towels shall be provided for each
patron of the establishment. The head rest of each table shall be
provided with a clean and sanitary covering for each patron.
J. A hand wash basin shall be provided in each treatment room
providing hydrotherapy services, including whirlpool baths, sau-
nas, steam baths and herbal wraps.
K. All wash basins within an establishment, including hand wash ba-
"at
water, te b means of
sins, shall: have hot and cold running p Y
Ordinance 2011.22 inserted all times" in the
first sentence of what is now paragraph K
a mixing valve faucet at all times; provide sanitary towels placed in
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MARANA TOWN CODE 9 -28 1212012013
Title 9. Business Regulations •
permanently installed dispensers or upon a permanently attached
roll dispenser; and provide soap in a soap dispenser that is placed
on or near the wash basin.
9 -4 -20 Unlawful activities; definition; duty of manager Ordinance 2012.13 revised section 9 -4 -20 by add-
ing subparagraphs (A) (18) through (22) and mak-
A. It is unlawful: ing various other miscellaneous revisions
1. For any person to knowingly employ any other person to offer
massage therapy who does not hold a current, unrevoked and
unsuspended massage therapy license issued by the state of
Arizona.
2. For any person to employ a massage therapist whose true
name and state - issued massage therapist license number has
not been previously provided to the license inspector on the
form prescribed by the license inspector for that purpose.
3. For any person to knowingly employ at a massage establish-
ment a manager who has been convicted within the previous
five years of any of the offenses listed in section 9 -4 -14 A. 2
or 3.
4. For any person to offer massage or touching techniques or
massage therapy in any room or space of the business that has
not been specifically identified as a room or space available for
those services on the sketch or diagram required to be submit-
ted to the license inspector pursuant to this chapter.
5. For any person to offer massage or touching techniques or
massage therapy in a room or space designated as leased, sub-
leased or licensed for use by any other person on the sketch or
diagram required to be submitted to the license inspector pur-
suant to this chapter.
6. For any massage establishment to remain open for business, to
provide services, to dispatch massage therapists, or to permit
massage therapists to work off the premises on behalf of that
massage establishment at any time between the hours of mid-
night and 6:00 A.M.
7. For any massage establishment to be open for business during
hours that have not been provided to the license inspector as
required by this chapter.
8. Except as provided in this chapter, for any person to employ
any person to act as a manager at any massage establishment
who is not licensed as a manager pursuant to this chapter.
9. For any person to knowingly conduct or operate a massage es-
tablishment on the same business premises, whereon is also
conducted or operated a sexually oriented business as defined
in title 9 of the town code, or a bar, cocktail lounge, photog-
raphy studio, model studio, art studio, motion picture studio/
theater or telephone answering service.
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MARANA TOWN CODE 9 -29 1212012013
Title 9. Business Regulations •
10. For any person, while on the premises of a massage establish-
ment, to knowingly provide or offer to provide any service:
a. In a manner or under circumstances intended to arouse,
appeal to or gratify sexual desires.
b. In such a manner that the person touches the private ana-
tomical areas of the individual receiving the treatment.
c. While the person providing the treatment is clothed in a
manner that fails to cover his or her private anatomical are-
as with an opaque material.
11. For any person on the premises of a massage establishment to
intentionally view a completely or partially disrobed massage
establishment client if the viewing is not related to treatment
under current practice standards and is intended to appeal to
the prurient interest of the massage therapist or the massage
establishment client.
12. For any person, while on the premises of a massage establish-
ment, to knowingly ask, direct or allow a client to:
a. Touch his or her own anus, genitals or breasts in the pres-
ence of another person.
b. Touch the anus, genitals or breasts of any person on the
premises.
c. Expose his or her genitals, anus or breasts to any person on
the premises with the intention of appealing to the prurient
interest of the massage therapist or the massage establish-
ment client.
13. For any person, while on the premises of a massage establish-
ment, to knowingly place any part of the body of a client in di-
rect or indirect contact with the anus, genitals or breasts of any
other person on the premises.
14. For any person, while on the premises of a massage establish-
ment, to knowingly offer a person any service in exchange for a
gratuity or compensation of any description, that does not ap-
pear on the schedule of services required by this chapter.
15. For any person to knowingly operate or maintain a massage es-
tablishment at a location that has not been licensed by the li-
cense inspector.
16. For any person to knowingly use a massage establishment as
living or sleeping quarters.
17. For any person to knowingly provide the services of a manager
to a massage establishment without a manager license.
18. For any employee of a massage establishment, while on the
premises of a massage establishment, to engage in any sexual
activity with a client or other person.
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MARANA TOWN CODE
9-30
12/20/2013
Title 9. Business Regulations •
19. For any employee of a massage establishment, while on the
premises of a massage establishment, to allow a client to touch
the private anatomical areas of the massage establishment em-
ployee.
20. For any person, while on the premises of a massage establish-
ment, to knowingly provide or offer to provide any service to a
client or another person while the client's or other person's pri-
vate anatomical areas are exposed.
21. For any person under 18 years of age to obtain massage thera-
py services unless that person is accompanied by his/her par-
ent or legal guardian, has a physician's prescription for mas-
sage therapy, or has a notarized letter from his/her parent or
legal guardian authorizing the massage therapy.
22. For any person to provide massage therapy services to any per-
son under 18 years of age unless the person under 18 years of
age is accompanied by his /her parent or legal guardian, has a
physician's prescription for massage therapy, or has a nota-
rized letter from his /her parent or legal guardian authorizing
the massage therapy.
B. For purposes of this section, the word "touch" shall include physi-
cal contact that occurs through clothing or by means of any object.
C. The licensee, owner, controlling person, designated agent or man-
ager shall not knowingly fail to ensure that a massage establish-
ment is in compliance with the provisions of this section.
9 -4 -21 Display of license; update, retention and inspection of
records
A. Every on duty person to whom a massage establishment license,
massage therapist license or manager license has been granted
shall display the license along with the corresponding photograph
in a conspicuous place upon the business premises that is clearly
visible to the general public upon entry to the business. All mas-
sage therapists shall produce their license and produce a govern-
ment- issued identification document upon request from an author-
ized agent conducting an inspection pursuant to this chapter.
B. A massage establishment shall report the name of any person
whose employment at the massage establishment has terminated
to the license inspector within ten calendar days after termination.
C. A massage establishment shall maintain records for each massage
therapist employed by that massage establishment on the business
premises during the time the massage therapist is employed at the
establishment and for a period of 90 days after the date of last em-
ployment of each massage therapist. These records shall include:
1. A copy of the state - issued massage therapist license.
2. For every massage therapist who does not possess a state -
issued massage therapist license that bears a photograph of the
{00032630.DOCX / 6}
MARANA TOWN CODE 9 -31
Ordinance 2012.13 made several miscellaneous
revisions to section 9 -14 -21
12/20/2013
Title 9. Business Regulations •
licensee, a clearly- legible copy of a current picture identifica-
tion document issued by a governmental agency or such other
identification as may be prescribed by the license inspector.
D. A massage establishment shall maintain on the business premises a
copy of the most recent sketch or diagram required to be submitted
to the license inspector pursuant to this chapter.
E. A licensee, owner, controlling person, designated agent, manager
or employee of a massage establishment shall make the records re-
quired to be maintained by this section available for inspection up-
on demand by any law enforcement officer or town regulatory li-
cense inspections official, during any period of time that the busi-
ness premises are open to the public or lawfully occupied.
F. The licensee, owner, controlling person, designated agent and/or
Upon codification of Ordinance 2011. 01, the town
manager shall ensure that the massage establishment is in compli-
attorney renumbered paragraph F from "E" to
ance with the provisions of this section.
"F" as a scrivener's error under the authority of
section 1 -4 -5
9 -4 -22 Manager list; manager, designated agent or licensee required
Ordinance 2012.13 substantially rewrote and
on premises
revised section 9 -4 -22
A. A massage establishment licensee shall maintain on file with the li-
cense inspector, on the form provided by the license inspector for
that purpose, a current list of the names and license numbers of
each person employed as a manager at the massage establishment.
B. The massage establishment licensee, the designated agent and/or
manager of a massage establishment shall ensure that at least one
of the following individuals is physically present on the massage
establishment premises during all times the establishment is open
for business:
1. A licensed manager.
2. The designated agent.
3. The massage establishment licensee.
9 -4 -23 Exemptions
The provisions of this chapter shall not apply to:
A. Establishments whose employees are authorized by the laws of
this state to practice medicine, osteopathy, chiropractic, podiatry,
naturopathy, or acupuncture.
B. Establishments whose employees are acting as trainers for any bo-
na fide amateur, semiprofessional, or professional athletic team or
athlete.
C. Establishments whose employees are authorized by the laws of
this state as barbers or cosmetologists, provided their activity is
limited to the scope of their barber or cosmetology license.
D. Establishments whose employees are providing colon irrigation
only.
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MARANA TOWN CODE 9 -32 1212012013
Title 9. Business Regulations •
E. Businesses that are operating solely as a school that is Arizona
state board of massage therapy- approved.
9 -4 -24 Licenses; cumulative regulation
A. The licenses required in this chapter are in addition to any business
or transaction privilege license required by the Marana town code
or state law.
B. A massage therapist license does not authorize one to operate a
massage establishment.
C. An applicant for a massage establishment license need not have a
massage therapist license. However, massage establishments shall
employ only Arizona state - licensed massage therapists to perform
massage.
D. A licensed massage therapist who operates as a sole practitioner
and who has no employees must obtain a massage establishment
license for the business location at which massage therapy is pro-
vided; however, no separate manager license is required.
CHAPTER 9 -5. CLOTHING AND CONDUCT FOR QUALIFIED
ESTABLISHMENTS
9 -5 -1 Definitions
In this chapter, unless the context otherwise requires, the following
words and phrases shall be construed as follows:
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
transparent, 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 coun-
try 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 includes the entire premises owned, leased, or otherwise oc-
cupied by the establishment, whether the liquor license extends to
that portion of the premises or not.
9 -5 -2 Purpose
The purpose of this chapter is to:
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MARANA TOWN CODE 9 -33
Ordinance 2000.06 rewrote chapter 9 -5. See Or-
dinance 95.12 and 96.09 for prior history.
Ordinance 2005.22 simplified the statutory refer-
ence in section 9 -5 -1 (E)
12/20/2013
Title 9. Business Regulations •
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 vio-
lating 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 qualified
establishment, who appears clothed, costumed, unclothed, or uncos-
tumed 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 material,
which does not resemble or simulate the actual appearance of an areo-
la and/or nipple. No person may knowingly conduct, maintain, own,
manage, and /or operate any qualified establishment where any per-
son 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
section.
{00032630.DOCX16}
MARANA TOWN CODE 9 -34
Ordinance 2005.22 simplified the statutory refer-
ence in section 9 -5 -2 (A)
Ordinance 2005.22 simplified the statutory refer-
ence in section 9 -5 -3
Ordinance 2005.22 simplified the statutory refer-
ence in section 9 -5 -4
12/20/2013
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
violation 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 employ-
ee, entertainer or person to wear or use any devise or covering ex-
posed 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
copulation, 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
establishment 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.
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MARANA TOWN CODE 9 -35
12/20/2013
Title 9. Business Regulations •
CHAPTER 9 -6. SEXUALLY ORIENTED BUSINESSES
Ordinance 2000.06 adopted chapter 9 -6
9 -6 -1 Purpose
It is the purpose of this chapter to regulate sexually oriented business-
es and related activities to promote the health, safety, morals, and gen-
eral welfare of the citizens of the town, and to establish reasonable and
uniform regulations to prevent the deleterious location and concentra-
tion of sexually oriented businesses within the town. The provisions of
this chapter have neither the purpose nor effect of imposing a limita-
tion or restriction on the content of any communicative materials, in-
cluding 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 2000.10 added the word "regularly" to
the definition of adult arcade
tained to regularly show images to five or fewer persons per ma-
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 purpos-
es, 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
commercial 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 Ordinance 2000.10 deleted former subparagraph 4
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MARANA TOWN CODE 9 -36 1212012013
Title 9. Business Regulations •
or description of specified sexual activities or specified anatom-
ical areas.
D. "Adult motel" means a hotel, motel or similar commercial estab- Ordinance 2000.10 rewrote the "adult motel"
lishment that offers accommodation to the public for any form of definition
consideration and provides patrons with closed - circuit television
transmissions, films, motion pictures, video cassettes, slides, or
other photographic reproductions that are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas; and has a sign visible from the public right of
way that advertises the availability of this adult type of photo-
graphic reproductions; and
1. Offers a sleeping room for rent for a period of time that is less
than 24 hours; or
2. Allows a tenant or occupant of a sleeping room to sub -lease the
room for a period of time that is less than 24 hours.
E. "Adult motion picture theater" means a commercial establishment
where, for any form of consideration, films, motion pictures, video
cassettes, slides, or similar photographic reproductions are regular-
ly 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 simi-
lar commercial establishment that regularly features persons who
appear, in person, in a state of nudity and/or semi- nudity, and/or
live performances that are characterized by the exposure of speci-
fied anatomical areas or by specified sexual activities.
G. "Adult vending machine" means any mechanical device that, re-
ardless of an other purposes it may have, regularly publicly dis- Ordinance 2000.10 rewrote the "adult vending
g Y p p Y g Y p Y machine definition
penses for any form or consideration any books, magazines, peri-
odicals or other printed matter, or photographs, films, motion pic-
tures, video cassettes or video reproductions, slides, or other visual
representations that are characterized by the depiction or descrip-
tion of specified sexual activities or specified anatomical areas.
H. "Employee" means a person who performs any service on the
premises of a sexually oriented business on a full time, part time,
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,
commission 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 prem-
ises 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 considera-
tion, agrees or offers to act as a companion, guide, or date for an-
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MARANA TOWN CODE 9 -37 1212012013
Title 9. Business Regulations •
other person, or who agrees or offers to privately model lingerie or
to privately 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 sex-
ually oriented business, to any sexually oriented business;
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-
Ordinance 2000.10 rewrote the family- oriented
tertainment business," the town shall consider the following fac- entertainment business definition
tors 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 en-
tertainment 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 2000.10 added the word "regularly" to
regularly provided to be observed, sketched, drawn, painted, the definition of nude model studio
sculptured, 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 genitals,
female genitals, or vulva, with less than a fully opaque covering; or
a female breast with less than a fully opaque covering of any part
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MARANA TOWN CODE 9 -38 1212012013
Title 9. Business Regulations •
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MARANA TOWN CODE 9 -39 1212012013
of the nipple; or human male genitals in a discernibly turgid state
even if completely and opaquely covered.
P.
"Premises" means the real property upon which the sexually ori-
ented business is located, and all a
ap to them and build
pp
Ordinance 2005.22 deleted a redundant definition
of person (see section 1 -3 -2)
ings located there, including, but not limited to, the sexually ori-
ented 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
Ordinance 2000.10 deleted a ormer de finition o
f
1 the p rovisions of this chapter only activities
construed to ap Y p p Y
�� "
principal business purpose added the
that take place outside the context of some larger form of expres
"regularly definition
sion.
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
pupils in programs for preschool children with disabilities, kinder-
garten programs or any combination of grades one through twelve,
Ordinance 2000.10 added g a everything a fter "in-
y
including but not limited to, child day care facilities, nursery
cluding but not limited to" in the school definition
schools, preschools, kindergartens, elementary schools, intermedi-
ate schools, junior high schools, middle schools, high schools, vo-
cational 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 2000.10 changed "or" to "and" in the
last clause of the sexually oriented business defini-
ter, escort agency, nude model studio, adult novelty store and sex
tion
ual encounter center.
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MARANA TOWN CODE 9 -39 1212012013
Title 9. Business Regulations •
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
minor; sexual performance by a child; possession or distribu-
tion of child pornography; public lewdness; indecent exposure;
indecency with a child; sexual assault; molestation of a child; or
any sex - related offenses similar to those described under the
criminal code of Arizona, other states, or other countries;
2. For which:
a. Less than two years have elapsed since the date of convic- Ordinance 2000.10 changed "five years" to "two
tion or the date of release from confinement imposed for years" in subparagraph a
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 2000.10 changed "ten years" to "five
years in subparagraphs b and c
is of a felony 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
intercourse, 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.
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MARANA TOWN CODE 9 -40 1212012013
Title 9. Business Regulations •
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;
F. Adult theaters;
G. Adult vending machines;
Ordinance 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
oriented business license issued pursuant to this chapter.
B. It shall be unlawful for any person who operates a sexually orient-
ed business to employ a person to work and/or perform services
on the premises of the sexually oriented business, if the employee
is not in possession of a valid sexually oriented business employee
license issued to the employee pursuant to this chapter.
C. It shall be unlawful for any person to obtain employment with a
sexually oriented business if the person is not in possession of a
valid sexually oriented business employee license issued to the
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
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MARANA TOWN CODE 9 -41 1212012013
Title 9. Business Regulations •
conduct business under any designation not specified in the li-
cense.
E. All licenses issued pursuant to this chapter shall be nontransfera-
ble except as provided in this chapter.
F. The license required by this section shall be in addition to any oth-
er licenses or permits required to engage in the business or occupa-
tion, as applicable, by either the town, the county or the state, and
persons engaging in activities described by this chapter shall com-
ply with all other ordinances and laws, including the town zoning
ordinance, as may be required to engage in a business or profes-
sion.
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 re-
pair and/or maintenance of machinery, equipment, or the premis-
es.
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 dia-
gram 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 designated 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 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. Prior to applying for an original sexually oriented business license,
all applicants for the license must have the premises inspected and
approved by the health department, fire department, building safe-
ty department, and zoning department. Written certification of the
inspections and approvals by each inspecting agency must be
submitted with each sexually oriented business license application.
A licensee who has not submitted the certifications within the five
previous years or a licensee for an establishment which expanded
since the time of the previous license application must also have
the 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 orient-
ed business license. Agencies responsible for inspecting the prem-
ises of an existing or anticipated sexually oriented business must
complete the requested inspections within 30 days of applicant's
request; if one or more agencies fails to timely inspect the request-
ed premises, the requirements of this subsection as they relate to
that one or more inspection are waived by the town.
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MARANA TOWN CODE 9 -42
Ordinance 2007.22 changed "building depart-
ment" to "building safety department." The town
attorney corrected the department name in para-
graph B as a scrivener's correction, under authori-
ty confirmed by Ordinance 2008.16
Ordinance 2000.10 added the last sentence of
paragraph B
12/20/2013
Title 9. Business Regulations •
C. The application may request, and the applicant shall provide, such
information (including fingerprints) as the town may require to
enable the town to determine whether the applicant meets the
qualifications established under this chapter. The applicant has an
affirmative duty to supplement a pending application with new in-
formation 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
greater interest in the business must sign the application for a
business license as an applicant. If a corporation is listed as owner
of a sexually 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:
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 business
will operate.
3. If the establishment is a state corporation, a copy of the articles
of incorporation, together with all amendments to them and a
signed statement that the corporation is in good standing in the
state;
4. If the establishment is a foreign corporation, a copy of the cer-
tificate of authority to transact business in this state, together
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 doc-
uments, together with all amendments to it and a signed
statement that the corporation is in good standing in the state
of incorporation;
7. Proof of the current fee ownership of the tract of land on which
the establishment is to be situated in the form of a copy of the
recorded deed;
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MARANA TOWN CODE 9 -43
Ordinance 2000.10 added the last sentence of
paragraph D and changed two occurrences of 10%
to 20%
Ordinance 2000.10 rewrote paragraph E
12/20/2013
Title 9. Business Regulations •
8. If the persons identified as the fee owners of the tract of land in
item 6 are not also the owners of the establishment, then the
lease, purchase contract, purchase option contract, lease option
contract or other documents evidencing the legally enforceable
right of the applicants to have or obtain the use and possession
of the tract or portion of them that is to be used for the estab-
lishment for the purpose of the operation of the establishment;
9. A current certificate and straight -line drawing prepared within
30 days prior to application by a registered land surveyor 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
religious 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 es-
tablished within 1,500 feet of the property to be certified. For
purposes of this section, a use shall be considered existing or
established if it is in existence at the time an application is
submitted;
10. Any of items 2 through 8, above, shall not be required for a 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:
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
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MARANA TOWN CODE
ME
12/20/2013
Title 9. Business Regulations •
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 val-
id law enforcement investigation, court order or as otherwise may
be 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
applicant.
2. A statement detailing the sexually oriented business license
history of the applicant for the five years immediately preced-
ing the date of the filing of the application, including whether
the applicant, in this or any other town, city, county, state, or
country, has ever had any sexually oriented business license,
permit, or authorization to do business denied, revoked, or
suspended, or had any professional or vocational license or
permit denied, revoked, or suspended. If there is any such de-
nial, 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 ap-
plication.
3. A statement whether the applicant or any person over the age
of 18 years with whom the applicant resides has been convict-
ed, or is awaiting trial on pending charges, of a specified crimi-
nal activity and, if so, the nature of the specified criminal activi-
ty 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 applica-
tion is true and correct and that the applicant has read the pro-
visions of this chapter.
H. A separate application and sexually oriented business license shall
be required for each sexually oriented business classification oper-
ating within the same establishment.
I. The fact that a person possesses other types of permits and /or li-
censes does not exempt that person from the requirement of ob-
taining asexually oriented business or employee license.
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MARANA TOWN CODE
9 -45
Ordinance 2000.10 added the un- numbered para-
graph after subparagraph 8
Ordinance 2000.10 rewrote subparagraphs 1
and 2
12/20/2013
Title 9. Business Regulations •
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 pro-
cess shall be completed within 30 days from the date of the com-
pleted 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 re-
quired by this chapter for issuance of the license or has falsely
answered a question or request for information on the applica-
tion form;
2. The applicant is under the age of 18 years;
3. The applicant has been convicted of a specified criminal activi-
ty;
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 grant-
ed, shall state on its face the name of the person to whom it is
granted, the expiration date, and the address of the sexually ori-
ented business. The employee shall keep the license on the em-
ployee's person at all times while engaged in employment or per-
forming services on the sexually oriented business premises so that
the license may be available for inspection upon lawful request.
E. If application is made for a sexually oriented business license, the
license inspector shall approve or deny issuance of the license
within 45 days of receipt of the completed application. The failure
of the town or a particular town official or agency to timely act
shall result in the waiver by the town of any requirement under
this chapter as applied to that particular town official or agency.
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MARANA TOWN CODE 9 -46
Ordinance 2000.10 added the third sentence and
added "review" to the fourth sentence of para-
graph A
Ordinance 2000.10 inserted "required by this
article" (now chapter) for "reasonably necessary"
in subparagraph 1
Ordinance 2000.10 inserted "any jurisdiction" for
"the Town" in subparagraph 5
Ordinance 2000.10 added the second sentence of
paragraph E
12/20/2013
Title 9. Business Regulations •
The license inspector shall issue a license to an applicant unless it is
determined that one or more of the following findings is true:
1. An applicant has failed to provide the information reasonably
necessary for issuance of the license or has falsely answered a
question or request for information on the application form;
2. An applicant is under the age of 18 years;
3. An applicant has been denied a license by the town to operate a
sexually oriented business within the preceding 12 months, or
Ordinance 2000.10 deleted the phrase "or a person
with whom the applicant is residing" from the
applicant's license to operate a sexually oriented business has
first line of subparagraphs 3, 4 and 5, and inserted
been revoked within the preceding 12 months;
"applicant's" for "whose" in subparagraph 3
4. An applicant is overdue in payment to the town in taxes, fees,
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 activi-
ty;
Ordinance 2007.22 changed "building depart -
6. The premises to be used for the sexually oriented business have
ment" to "building safety department." The town
not been a pp y roved b the health department, fire department,
attorney corrected the department name in para-
graph 6 as a scrivener s correction, under authori-
and the building safety department as being in compliance
ty confirmed by Ordinance 2008.16
with applicable laws and ordinances;
7. The premises to be used for the sexually oriented business is
Ordinance 2000.10 reduced the distance from
located within 1,500 feet of any residential zone, single- or mul-
schools to 1,500 feet (from one mile) in subpara-
tiple -f amily dwelling, family-oriented entertainment business,
graph 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 sexually oriented
business, and the section 9 -6 -3 classification for which the license is
issued. The license shall be posted in a conspicuous place at or near
the entrance to the sexually oriented business so that it may be eas-
ily read at any time.
G. A sexually oriented business license shall issue for only one classi-
Ordinance 2000.10 added the last sentence of
f ication, as set forth in section 9 -6 -3. Each classification operating
paragraph G
within the same establishment and wholly owned by that estab-
lishment requires a separate license.
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MARANA TOWN CODE 9 -47 1212012013
Title 9. Business Regulations •
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, pro-
vided that the applicant may request, in writing at any time before
the notice is issued, that the period be extended for an additional
period of not more than ten days to make modifications necessary
to comply with this chapter.
I. Each license issued pursuant to this section shall be subject to an-
nual renewal upon the written application of the applicant and a
finding by the 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 re-
quired under this chapter; and to requests for identification of
those individuals who reasonably appear to be under the age of
18 years.
B. It shall be unlawful for an applicant, licensee or employee of a sex-
ually oriented business to refuse to permit law enforcement offic-
{00032630.DOCX / 6}
MARANA TOWN CODE 9 -48
Ordinance 2000.10 rewrote section 9 -6 -7, which
was amended by Ordinance 2009.11 to replace
specific fee amounts with a reference to the com-
prehensive fee schedule
Ordinance 2000.10 rewrote section 9 -6 -8
Ordinance 2007.22 changed "building depart-
ment" to "building safety department." The town
attorney corrected the department name in para-
graph A as a scrivener's correction, under authori-
ty confirmed by Ordinance 2008.16
12/20/2013
Title 9. Business Regulations •
ers or any other agent allowed by this section to inspect the prem-
ises at any time the premises is occupied or open for business.
C. The provisions of this section do not apply to areas of an adult mo-
tel that are currently being rented for use as temporary or perma-
nent habitation.
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
Ordinance 2000.10 added the last sentence o
standing the provisions of this section, if a licensee appeals the
paragraph B
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 2000.10 inserted "issue a notice and
cense inspector determines that the licensee or an employee of the
order of suspension, suspending in place o "sus -
licensee has
pend" in paragraph A, added "Knowingly or in-
tentionally at the beginning of subparagraph 4,
1. Violated or is not in compliance with any section of this chap
and added paragraph B
ter;
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 suspension
of a license.
9 -6 -11 Revocation
A. The license inspector shall issue a notice and order or revocation,
revoking a license issued pursuant to this chapter if any of the fol-
lowing occur:
1. A cause of license suspension occurs and the license has been
suspended within the proceeding 12 months;
Ordinance 2000.10 inserted ��issue a notice and
""
order of revocation, revoking in place of revoke
2. A licensee knowingly or intentionally gave false or misleading
in paragraph A, added " knowingly or intentional-
information in the material submitted during the application
ly" in subparagraphs 2 and 5 through 13, and
added the last sentence of paragraph B and all of
process;
paragraph C. Ordinance 2009.25 replaced the
term "town clerk" with "license inspector" in
paragraphs A and B
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MARANA TOWN CODE 9 -49
1212012013
Title 9. Business Regulations •
3. A licensee, or a person with whom the licensee resides, is con-
victed of a specified criminal activity on a charge that was
pending prior to the issuance of the license;
4. A licensee, subsequent to licensing, is convicted of a specified
criminal activity;
5. A licensee knowingly or intentionally permitted the possession,
use, or sale of controlled substances on the premises;
6. A licensee knowingly or intentionally permitted the sale, use,
or consumption of alcoholic beverages on the premises;
7. A licensee knowingly or intentionally permitted prostitution
on the premises;
8. A licensee knowingly or intentionally operated the sexually
oriented business during a period of time when the licensee's
license was suspended;
9. A licensee knowingly or intentionally permitted any act of sex-
ual intercourse, sodomy, oral copulation, masturbation, or oth-
er 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 un-
der 18 years of age to enter the establishment;
12. A licensee knowingly or intentionally attempted to sell his
business license, or has sold, assigned, or transferred owner-
ship or control of the sexually oriented business to a non -
licensee; or
13. A licensee knowingly or intentionally permitted a person or
persons 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 sexual-
ly oriented business license for one year from the date revocation
became effective. If, subsequent to revocation, the town determines
that the basis for the revocation has been corrected or abated, the
applicant shall be granted a license if at least 90 days have elapsed
since the date the revocation became effective.
C. The notice and order of revocation shall become effective within
ten days after issuance unless the licensee appeals the suspension
of a license.
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 ser-
vice of notice upon the applicant of the license inspector's decision.
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MARANA TOWN CODE
9 -50
Ordinance 2000.10 rewrote section 9 -6 -12 and
changed the title from "Appeal" to "Administra-
tive appeal"
Ordinance 2009.25 corrected the duties of the
town clerk and license inspector in section 9 -6 -12,
which had been incorrectly revised by Ordinance
2009.14
12/20/2013
Title 9. Business Regulations •
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-
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 inspec-
tor's decision. The town council's decision shall be effective upon its
rendering. Judicial review of a denial by the license inspector and
town council 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- Ordinance 2000.10 added the last sentence of
cation of a license by the town council, the applicant or licensee may 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 appli-
cant 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 f ol-
lowing: each employee's name, address, age, sex and duties. The Ordinance 2000.10 rewrote paragraphs A and C
licensee must notify the license inspector in writing within 15 days
of hiring any attendant or employee.
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-
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MARANA TOWN CODE 9 -51 1212012013
Title 9. Business Regulations •
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 en-
largement or expansion of the place of business of a sexually ori-
ented business, new certifications of inspection as required of orig-
inal 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 sexual-
ly 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
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 li-
cense inspector or the license inspector's designee shall cause it to
be posted at the principal entrance to the establishment.
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]
9 -6 -18 Additional regulations for escort agencies
A. An escort agency shall not employ any person under the age of 18
years; neither shall any person who is under the age of 18 may be
employed or act as an escort.
B. A person shall not act as an escort or agree to act as an escort for
any person under the age of 18 years; neither shall an escort agency
arrange for an escort for any person under the age of 18 years.
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.
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MARANA TOWN CODE 9 -52
Section 9 -6 -17 as adopted by Ordinance 2000.06
( "Additional regulations for adult motels"") was
deleted by Ordinance 2000.10
12/20/2013
Title 9. Business Regulations •
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 partition to
prevent visibility into the studio.
9 -6 -20 Solicitation of gratuity prohibited
An employee of a sexually oriented business, while nude or semi-
nude, shall not solicit any gratuity from any patron or customer on the
sexually oriented business premises, nor shall any patron or customer
pay or give any gratuity to any employee who appears in a state of
nudity 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
a viewing room of less than 150 square feet of floor space, a film, video
cassette, or other video reproduction, that depicts specified sexual ac-
tivities or specified anatomical areas, shall comply with the following
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 light-
ing fixtures and designating any portion of the premises in which
patrons 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 designat-
ed 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 accura-
cy 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 con-
figuration of the premises has not been altered since it was pre-
pared.
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 sta-
tion may be made without the prior approval of the license inspec-
tor 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 manag-
er's station at all times that any patron is present inside the prem-
ises.
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MARANA TOWN CODE 9 -53
Section 9 -6 -20 was rewritten by Ordinance
2000.10
12/20/2013
Title 9. Business Regulations •
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 oth-
er materials at all times and to ensure that no patron is permitted
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.
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 materi-
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MARANA TOWN CODE 9 -54
12/20/2013
Title 9. Business Regulations •
al. No wood, plywood, composition board or other porous materi-
al 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
Paragraph B was rewritten by Ordinance 2000.10
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 busi-
ness, 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
oriented business.
9 -6 -23 Signage
A. Notwithstanding any other provision of the code, it shall be un-
lawful for the operator of any sexually oriented business or any
other person to erect, construct, or maintain any sign for the sex-
ually oriented business other than the one primary sign and one
secondary sign, as provided in this section. This section is intended
to augment 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 prima-
ry sign shall be of a uniform and solid color.
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MARANA TOWN CODE 9 -55 1212012013
Title 9. Business Regulations •
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 sexual-
ly 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 entrance
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 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 driv-
er'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
The provisions of this chapter shall apply to the activities of all persons
and sexually oriented businesses described in this chapter, whether
the business or activities were established or commenced before, on or
after the effective date of this section, except that the requirements that
sexually oriented businesses be separated from certain types of land
uses shall not apply to businesses existing on the date of passage 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.
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MARANA TOWN CODE 9 -56
Ordinance 2000.10 added section 9 -6 -27
12/20/2013
Title 9. Business Regulations •
9 -6 -28 Violations, penalty and abatement
Ordinance 2000.10 added section 9 -6 -28
A. It shall be unlawful for a person having a duty under this chapter
to knowingly fail to fulfill that duty.
B. A person who violates any provision of this chapter is guilty of a
class 1 misdemeanor.
C. In addition to prosecution for a criminal violation of this chapter,
the operation of a sexually oriented business without a valid li-
cense shall constitute a nuisance and the town attorney may file an
action in a court of competent jurisdiction against a person or enti-
ty operating or causing to be operated the business for injunctive
relief or to abate the nuisance arising out of violation of this ordi-
nance.
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
Every person, firm, corporation Or other entity applying for a spiritu-
Ordinance 2009.11 amended section 9 -7 -2 by
adding reference to the comprehensive fee schedule
ous liquor license, under the provisions of A.R.S. § 4 -101 et seq., wheth-
and deleting the specific spirituous liquor fee
er it be for an original license or transfer of license, shall tender to the
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 origi-
nal license or transfer of license to the Arizona State Department of
Liquor Licenses and Control.
CHAPTER 9 -8. CABLE TELEVISION
Ordinance 2002.29 adopted chapter 9 -8. Ordi-
nance 2005.22 replaced all occurrences of "gran -
9-8-1 Intent
tor" in chapter 9 -8 with "town." For prior ordi-
A. The town, pursuant to applicable federal and state law, is author-
nance history, see Ordinance 87.09, 96.09
and 2000.06.
ized to grant one or more nonexclusive franchises to construct, op-
erate, maintain and reconstruct cable television systems within the
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 best
Ordinance 2005.22 rewrote the last sentence of
possible cable television service to the public and this finding
p p g shall
paragraph B
be deemed to be included as an integral part of any franchise is-
sued pursuant to this chapter.
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MARANA TOWN CODE 9 -57 1212012013
Title 9. Business Regulations •
9 -8 -2 Definitions
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the following meanings:
g g
Ordinance 2005.22 rewrote the introductory pan-
agraph of section 9 -8 -2 to delete repetitious rules
A. "Basic cable service" means any service tier which includes the re-
of construction (see chapter 1 -3) and stylistic rules
transmission of local television broadcast signals.
inconsistent with Ordinance 2005.22, and deleted
repetitious definitions (see section 1 -3 -2)
B. "Cable Act" means the Cable Communications Policy Act of 1984,
47 U.S.C. §§ 521 -611 (1982 & Supp. V 1987), as amended by the Ca-
ble 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 program-
ming or other programming service; and
2. Subscriber interaction, if any, which is required for the selec-
tion 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 associat-
ed signal generation, reception, and control equipment that is de-
signed to provide cable service which includes video program-
ming and which is provided to multiple subscribers within a
community, but the term does not include:
1. A facility that serves only to retransmit the television signals of
one or more television broadcast stations;
2. A facility that serves subscribers without using any public
rights -of -way;
3. A facility of a common carrier that is subject, in whole or in
part, to the provisions of 47 U.S.C. §§ 201 -226, except that those
facility shall be considered a cable system to the extent that the
facility whether on a common carrier basis or otherwise is used
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 a town - issued authorization to construct or op-
erate a cables stem, whether designated as a franchise, permit, li-
Y g p
Ordinance 2005.22 rewrote paragraph G
cense, resolution, contract, certificate, agreement, or otherwise.
H. "Franchise agreement" means a franchise granted pursuant to this
chapter, containing the specific provisions of the franchise granted,
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MARANA TOWN CODE 9 -58 1212012013
Title 9. Business Regulations •
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 Gov-
ernmental 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
indirectly by the grantee or any person in which the grantee has a
financial interest from or in connection with the operation of the
system 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.
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, regu-
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Title 9. Business Regulations •
lar 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 subscribers
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
limits: streets, roadways, highways, avenues, lanes, alleys, side-
walks, easements, rights -of -way and similar public property and
areas that the town shall permit to be included within the defini-
tion 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 grant-
ee by means of or in connection with the cable system and who
pays the charges for it, except those persons or entities authorized
to receive cable service without charge as described in the fran-
chise 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 oth-
er 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,
along and across streets or other public places within the designat-
ed service area.
C. To maintain and operate the franchise properties for the origina-
tion, reception, transmission, amplification, and distribution of tel-
evision 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.
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Title 9. Business Regulations •
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 fran-
chise, 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
authority, 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
general laws and ordinances enacted by the town pursuant to that
power.
E. Grantee shall not be relieved of its obligation to comply with any
of the provisions of this chapter or any franchise granted pursuant
to this chapter by reason of any failure of the town to enforce
prompt compliance.
F. This chapter and any franchise granted pursuant to this chapter
shall be construed and enforced in accordance with the substantive
laws of the state.
9 -8 -8 Franchise non - transferable
A. Grantee shall not sell, transfer, lease, assign, sublet or dispose of, in
whole or in part, either by forced or involuntary sale, or by ordi-
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Title 9. Business Regulations •
nary sale, consolidation or otherwise, the franchise and /or cable
system or any of the rights or privileges granted by the franchise,
without the prior consent of the council which consent shall not be
unreasonably denied or delayed and shall be denied only upon a
good faith finding by the town that the proposed transferee lacks
the legal, technical or financial qualifications to perform its 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
hypothecation, in whole or in part, to secure an indebtedness, or
for a pro forma transfer to a corporation, partnership or other enti-
ty controlling, controlled by or under common control with grant-
ee.
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 oth-
er 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 pri-
or 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 tech-
nical 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
transaction. No consent from the town shall be required for the fol-
lowing:
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MARANA TOWN CODE 9 -62
Ordinance 2005.22 rewrote and designated this
paragraph as "C" and renumbered the following
paragraphs to conform
12/20/2013
Title 9. Business Regulations •
1. Any transfer of ownership interest in any franchise and /or ca-
ble 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 infor-
mation,, 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 no-
tification 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 in-
to the legal, financial, and technical qualifications of the prospec-
tive transferee or controlling party, and grantee shall assist the
town in any such inquiry. The transferee shall be required to estab-
lish that it possesses the legal, technical and financial qualifications
to operate and maintain the system and comply with all franchise
requirements for the remainder of the term of the franchise. If, after
considering the legal, financial, and technical qualities of the 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 as-
sets for the advancement of money for the construction and /or op-
eration of the franchise shall have the right to notify the town that
it or its designee satisfactory to the town shall take control of and
operate the cable television system, if a grantee defaults in its fi-
nancial obligations. The financial institution shall also submit a
plan for the operation within 30 days of assuming control that will
insure continued service and compliance with all franchise re-
quirements during the term the financial institution exercises con-
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MARANA TOWN CODE 9 -63
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Title 9. Business Regulations •
trol over the system. The financial institution shall not exercise
control over the system for a period exceeding one year unless ex-
tended by the town 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 franchise
is denied, the town may purchase to the extent permitted by Fed-
eral law and upon payment to the grantee of the cable systems' fair
market value as a going concern, exclusive of any value allocated
to the franchise itself, that portion of grantee's cable system serving
the town.
B. Subject to the cable act, if a franchise is revoked for cause, the town
may, to the extent permitted by federal law, acquire that portion of
the cable system serving the town upon payment of an equitable
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
service area, subject to any line extension requirements of the fran-
chise agreement.
B. After service has been established by activating trunk and /or dis-
tribution cables for any part of the service area, grantee shall pro-
vide 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 ser-
vice 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 mul-
tiple coaxial cables in addition to the cables, conduits and pipes
of the utility systems, such as electrical power, telephone, gas
and sewerage.
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Title 9. Business Regulations •
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.
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
application fee established by the town shall accompany the applica-
tion. 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
involuntary payments chargeable against the compensation to be paid
to the town by grantee pursuant to section 9 -8 -18 hereof and applica-
ble provisions of a franchise agreement, or (ii) part of the compensa-
tion to be paid to the town by grantee pursuant to section 9 -8 -18 hereof
and applicable provisions of a franchise agreement. An application for
an initial franchise for a cable television system shall contain, where
applicable:
A. A statement as to the proposed franchise and initial service area.
B. Resume of prior history of applicant, including the legal, technical
and financial expertise of applicant in the cable television field.
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Title 9. Business Regulations •
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 ap-
plicant.
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 facilities,
equipment and personnel to comply with the following consumer pro-
tection 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.
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Title 9. Business Regulations •
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 ex-
ceed 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-
ses.
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
problems the next business day after notification of the service
problem.
3. At the subscriber's request, the "appointment window" alter-
natives for Installations, service calls, and other Installation ac-
tivities will be within a two to four hour time block during
normal business hours. (The grantee may schedule service calls
and other Installation activities outside of normal business
hours for the express convenience of the customer.)
4. Grantee may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled
appointment.
5. If grantee's representative is running late for an appointment
with a customer and will not be able to keep the appointment
as scheduled, the customer will be contacted. The appointment
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MARANA TOWN CODE
9 -67
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Title 9. Business Regulations •
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 re-
quest:
i. Products and services offered;
ii. Prices and options for programming services and condi-
tions of subscription to programming and other ser-
vices;
iii. Installation and service maintenance policies;
iv. Instructions on how to use the cable service;
v. Channel positions for programming carried on the sys-
tem; and
vi. Billing and complaint procedures, including the ad-
dress 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 possible
through announcements on the cable system and in writ-
ing. 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 lim-
ited 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.
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Title 9. Business Regulations •
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 service
and any other services offered over the cable system, to the extent
permitted by federal or state law. The grantee shall be subject to
the rate regulation provisions provided for in this chapter, and
those of the FCC at 47 C.F.R., Part 76.900, subpart N. The town
shall follow the rules relating to cable rate regulation promulgated
by the FCC at 47 C.F.R., Part 76.900, subpart N.
B. Except to the extent otherwise expressly permitted by applicable
law, grantee shall provide cable service to each resident within the
service area at a uniform rate.
9 -8 -18 Franchise fee
A. Following the issuance and acceptance of a franchise, the grantee
shall pay to the town a franchise fee in the amount set forth in the
franchise agreement.
B. The town, on an annual basis, shall be furnished a statement with-
in 60 days of the close of the calendar year, certified by an officer of
the grantee or audited by a certified public accountant, reflecting
the total amounts of gross annual revenues and all payments, and
computations for the previous calendar year. Upon ten days prior
written notice, the town shall have the right to conduct an inde-
pendent audit of grantee's records, in accordance with generally
accepted accounting principles and if the audit indicates a fran-
chise 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 ad-
ditional 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
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MARANA TOWN CODE 9 -69
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Title 9. Business Regulations •
other forms of approval or authorization from the town and other
cognizant public agencies.
B. Grantee shall construct, operate and maintain its transmission and Ordinance 2005.22 rewrote ra ara h B
g
distribution facilities underground in those areas of the town p g p
where transmission or distribution facilities of the public utilities
providing telephone and electric power service are underground.
C. In those areas of the town where grantee's cables are located on the
above - ground transmission or distribution facilities of the public
utility providing telephone or electric power service, and if the fa-
cilities of both of those public utilities subsequently are placed un-
derground, 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 under-
ground 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-
ble service to that development. The developer may establish a
reasonable deadline to receive cable operator responses. The fi-
nal 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
recover from the town the cost of the initially unoccupied con-
duit 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
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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 grant-
ee, 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 compli-
ance 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 con-
currence 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
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 system
in a manner consistent with all applicable laws, ordinances, con-
struction standards, governmental requirements, FCC technical
standards, and any standards set forth in its franchise agreement.
In addition, the grantee shall provide to the town, upon request, a
written report of the results of the grantee's periodic proof of per-
formance tests conducted pursuant to FCC standards and guide-
lines.
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B. Repeated and verified failure to maintain specified technical
standards 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 ac-
cordance 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 paint-
ed, lighted, erected and maintained in accordance with all applica-
ble rules and regulations of the Federal Aviation Administration
and all other applicable local, state and federal laws and regula-
tions.
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, recon-
structed, replaced, removed, repaired, maintained and operated in
accordance with good engineering practices, performed by experi-
enced maintenance and construction personnel so as not to endan-
ger or interfere with improvements that the town may deem ap-
propriate to make, or to interfere in any manner with the rights or
reasonable convenience of any property owner, or to unnecessarily
hinder or obstruct public use of the streets or pedestrian or vehicu-
lar traffic.
G. Grantee shall at all times employ ordinary care and shall install
and maintain in use commonly accepted methods and devices pre-
venting failures and accidents which are likely to cause damage,
injury or nuisance to the public.
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, up-
on 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 conducted 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 con-
duits, any wires and fixtures desired by the town to the extent that the
installation and maintenance does not interfere with existing opera-
tions and future use of grantee.
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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 fran-
chise. This indemnity shall apply, without limitation, to any action
or cause of action for invasion of privacy, defamation, antitrust, er-
rors 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 omission 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 legally responsible.
B. The town shall promptly notify grantee of any claims subject to in-
demnification by grantee and shall cooperate with all reasonable
requests by grantee for information, documents, testimony or other
assistance appropriate to a resolution of the claims. Grantee shall
have full responsibility for and control of any action or undertak-
ing 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:
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, identify-
ing 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 rea-
sonably acceptable to the town.
B. Upon 48 hours written notice, and during normal business hours,
grantee shall permit examination by any duly authorized repre-
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sentative of the town, of all franchise property and facilities, to-
gether with any appurtenant property and facilities of grantee sit-
uated 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,
performance test results, records of request for service, and other
like materials 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 ob-
tained during the inspection shall be treated as confidential. To the
extent that any state or federal law requires the town to disclose
the records, the town shall be entitled to disclose those records.
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.
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.
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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 provided
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
demand 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
revoke the franchise or impose another penalty permitted by the
franchise agreement.
D. The town shall give written notice to the grantee of its intent to re-
voke the franchise on the basis of a pattern of noncompliance by
the grantee, including one or more instances of substantial non-
compliance with a material provision of the franchise. The notice
shall set forth with specificity the exact nature of the noncompli-
ance. The grantee shall have 60 days from the receipt of the notice
to object in writing and to state its reasons for the objection. If the
town has not received a satisfactory response from the grantee, it
may then seek termination of the franchise at a public hearing. The
town shall cause to be served upon the grantee, at least ten days
prior to the public hearing, a written notice specifying the time and
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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 maj eure: 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 limita-
tion acts of God, strikes, sabotage, riots or civil disturbances, restraints
imposed 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 proper-
ty.
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
prior to and after removal. The liability, indemnity and insurance
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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,
satisfactory in form to the town, transferring to the town the own-
ership 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 oper-
ate the cable television system for an extended period of time not to
exceed six months from the date of the expiration or revocation.
Grantee shall continue to operate the system under the terms and con-
ditions 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 receiver
or receivers, or trustee or trustees, to take over and conduct the
business of grantee, whether in a receivership, reorganization,
bankruptcy or other action or proceeding, unless the receivership
or trusteeship shall have been vacated prior to the expiration of
that 120 days, or unless:
1. The receivers or trustees shall have, within 120 days after their
election or appointment, fully complied with all the terms and
provisions of this chapter and the franchise granted pursuant
hereto, and the receivership or trustees within that 120 days
shall have remedied all the faults under the franchise or pro-
vided a plan for the remedy of the faults which is satisfactory
to the town; and
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2. The receivers or trustees shall, within those 120 days, execute
an agreement duly approved by the court having jurisdiction
in the premises, in which the receivers or trustees assume and
agree to be bound by each and every term, provision and 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 af-
ter 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 provi-
sion in one instance shall not be deemed a waiver of that provision
subsequent to that instance or be deemed a waiver of any other
provision of the franchise unless the statement so recites.
9 -8 -33 Rights of individuals
A. Grantee shall not deny service, deny access, or otherwise discrimi-
nate against subscribers, channel users, or general citizens on the
basis of race, color, religion, national origin, age, disability, gender
or sexual preference. Nor shall grantee fail to extend service to any
part of the town within its licensed service area on the basis of the
income of the residents. Grantee shall comply at all times with all
other applicable federal, state and local laws and regulations, relat-
ing to nondiscrimination.
B. Grantee shall adhere to the applicable equal employment oppor-
tunity 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 ca-
ble, line, signal input device, or subscriber outlet or receiver for
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any purpose except routine maintenance of the system, detection
of unauthorized service, polling with audience participating, or
audience viewing surveys to support advertising research regard-
ing viewers where individual viewing behavior cannot be identi-
fied.
D. In the conduct of providing its services or in pursuit of any collat-
eral commercial enterprise resulting from it, grantee shall take rea-
sonable steps to prevent the invasion of a subscriber's or general
citizen'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 appli-
cable 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 equip-
ment owned by grantee shall be installed by grantee in the sub-
scriber's premises, other than in appropriate easements, without
first securing any required consent. If a subscriber requests service,
permission to install upon subscriber's property shall be pre-
sumed. Where a property owner or his predecessor has granted an
easement including a public utility easement or a servitude to an-
other 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 provi-
sion shall be considered a separate, distinct, and independent part of
this chapter, and the holding shall not affect the validity and enforcea-
bility of all other provisions hereof. If the law, rule or regulation is
subsequently repealed, rescinded, amended or otherwise changed, so
that the provision 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 notice of the change before requiring compliance with
the provision or such longer period of time as may be reasonably re-
quired for grantee to comply with the provision.
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CHAPTER 9 -9. PENALTY
Ordinance 2000.06 added chapter 9 -9
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.
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 com-
ply with the provisions of section 9 -1 -3B and to pay any and all
fees when due shall be a class 1 misdemeanor which shall be as-
sessed 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
The town attorney corrected a cross - reference in
misdemeanor.
paragraph B to a deleted chapter on July 12, 2010
as a scrivener's error under the authority of sec -
C. A erson who knowingly conducts, maintains, owns, manages
p gY g
tion 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
Ordinance 2002.08 added chapter 9 -10
RECLAMATION
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 regu-
lation of surface mining operations so as to assure that:
A. Adverse environmental effects are prevented or minimized and
that mined lands are reclaimed in a timely manner, to a usable
condition which is readily adapted for alternative land use.
B. The production and conservation of minerals are encouraged,
while giving consideration to values relating to recreation, 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 neces-
sary to conduct a complete reclamation on the mined lands in ac-
cordance with the approved reclamation plan, plus a reasonable
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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
mining operations by more than 90% of the operation's previous
maximum annual mineral production, with the intent to resume
those surface mining operations at a future date.
E. "Interim management plan" is the plan which the operator of an
idle mine shall submit and gain approval for, to assure that the site
shall be maintained in compliance with the approved reclamation
plan, use permit, and applicable conditions, until the mine 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 min-
ing operations as an employee with wages as his sole compensa-
tion.
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
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Ordinance 2005.22 deleted a redundant definition
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Title 9. Business Regulations •
wildlife habitat, flooding, erosion, or other adverse effects from
mining operations, including adverse surface effects incidental to
underground mines, so that mined lands are reclaimed to a usable
condition which is readily adaptable for alternate land use and
creates no danger to public health or safety. The process may ex-
tend to affected lands surrounding mined lands, and may require
backfilling, grading, resoiling, revegetation, soil compaction, stabi-
lization, restoration of water bodies, and slope stability or other
measures.
M. "Reclamation plan" means the plan required by the town pursuant
to this chapter and adopted in accordance therewith and should
include 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.
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
overburden and mining directly from the mineral deposits, open -
pit mining of minerals naturally exposed, mining by auger meth-
ods, 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
areas of the town.
B. The provisions of this chapter are not applicable to:
1. Excavation or grading for farming,, onsite construction, or res-
toration of land following a flood or natural disaster or other
activities separately regulated by town ordinances.
2. Reclamation of lands mined prior to February 5, 2002, unless
subject to approved development agreements and zoning con-
ditions enacted or agreed to after February 5, 2002.
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MARANA TOWN CODE
9 -82
12/20/2013
Title 9. Business Regulations •
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
accordance with the provisions set forth in this chapter, shall be
obtained from the Marana development services director.
B. The reclamation plan shall be applicable to a specific piece of prop-
erty or properties, shall be based upon the character of the sur-
rounding area and such characteristics of the property as type of
overburden, soil stability, topography, geology, climate, stream
characteristics, and principal mineral commodities, and shall estab-
lish site - specific criteria for evaluating compliance with the ap-
proved reclamation plan, including topography, revegetation, sed-
iment 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 fed-
eral agencies, have reviewed and approved the plan, and that all
necessary permits have been obtained.
C. Reclamation plans issued pursuant to this chapter shall be record-
ed 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 depart-
ment. The application shall be filed in accordance with this chapter
and procedures established by the town.
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MARANA TOWN CODE 9 -83
12/20/2013
Title 9. Business Regulations •
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
approved reclamation plan, the town shall require as a condition of
approval financial assurances.
B. Financial assurances may take the form of surety bonds, irrevoca-
ble letters of credit, trust funds or other mechanisms acceptable to
the town.
C. Public agencies may satisfy financial assurance requirements by
using "pledges of revenue" or "budget set aside" as acceptable fi-
nancial assurances mechanisms.
D. The financial assurances shall remain in effect for the duration of
the surface mining operation and any additional period until rec-
lamation is completed.
E. The amount of the financial assurances shall be calculated by the
applicant based on the projected expense to complete the reclama-
tion for the intended future use as approved by the town engineer.
Approval of the amount of financial assurances will be subject to
the review and approval of the town engineer.
F. The amount of financial assurances required of a surface mining
operation for any one year shall be adjusted annually to account
for new lands disturbed by surface mining operations, inflation,
and reclamation of lands accomplished in accordance with the 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.
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MARANA TOWN CODE 9 -84
Ordinance 2005.22 inserted "town engineer" for
"development services director" in paragraph E
12/20/2013
Title 9. Business Regulations •
I. The release of financial assurances shall be with the concurrence of
all agencies named on the financial assurance. The criteria for re-
lease of financial assurances, or part of the financial assurances,
shall be made part of the reclamation plan. In no case shall the fi-
nancial assurance be released until reclamation has been complet-
ed.
J. The amount of financial assurances shall be reviewed and adjust-
ed, 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 infor-
mation,, or any part of it, would reveal production, reserves, or rate of
depletion entitled to protection as proprietary information and is not
required 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 2005.22 inserted "town engineer" for
Once all required and approved documents and other related materi- "development services director" in section 9 -10 -9
als and requirements are submitted and approved as required under
this chapter, including the submittal of the financial assurances in the
amount approved by the town engineer, the town engineer shall expe-
ditiously issue approval to commence operation of the approved sur-
face mining operation and reclamation plan.
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, reclama-
tion of lands accomplished in accordance with the approved rec-
lamation 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
{00032630.DOCX / 6}
MARANA TOWN CODE 9 -85 1212012013
Title 9. Business Regulations •
this subsection shall be deemed to be a condition of the reclama-
tion plan.
E. The development services department shall make a report of the
Ordinance 2005.22 inserted " town or
en ineer"
g f
inspection. This report shall be filed with the town
results of the ins p p
�"
"'d evelopment services director in paragraph E
engineer.
9 -10 -11 Idle mine - interim management plans
Within 90 s of a surface minin g o p eration becomin g idle, the o pera-
Ordinance 2005.22 inserted " town engineer" for
, development services director in section 9 -10 -11
for shall submit an interim management plan. The interim manage-
ment plan shall be developed in accordance with this chapter. Interim
management 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. Ap-
plications for an amendment are subject to the fee in accordance with
section 9 -10 -6.
9 -10 -13 Enforcement
A. Where it appears to the development services department that a
surface mining operation is in violation of any condition of an ap-
proved reclamation plan or applicable statute, regulation, or ordi-
nance, the development services department shall serve formal no-
tice to the operator stating the nature of the violation and the speci-
fied time frame to correct the violation before an order is issued.
B. The time within which the permittee must commence correction of
the violation shall be sooner than 60 days from the notice of viola-
tion.
C. An order shall be issued if the operator fails to comply with the no-
specified time limit. Not sooner than 30 days
tice within the s p y
Ordinance 2005.22 inserted " town engineer" for
development services director in paragraph C
the date of the order, a hearing shall be held by the town engineer
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.
{00032630.DOCX / 6}
MARANA TOWN CODE 9 -86 1212012013
Title 9. Business Regulations •
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 viola-
tions, 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 up-
on issuance and payment shall be made to the development ser-
vices 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 Ordinance 2005.22 inserted " town en ineer" or
neer the assistant town manager, town manager or a designated g f
g � g � d g development services director in paragraph G
appointee.
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 eve-
ry such fee shall be deposited with the town.
CHAPTER 9 -11. SALE OF PRODUCTS CONTAINING Ordinance 2006 added chapter 9 -11
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 phe-
nylpropanolamine or their salts, optical isomers or salts of opti-
cal isomers. Product packaging that lists ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanola-
mine as an active ingredient shall constitute prima facie evi-
dence that the product is a pseudoephedrine product.
2. "Retail establishment" means any place of business that offers
any pseudoephedrine product for sale at retail.
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MARANA TOWN CODE 9 -87 1212012013
Title 9. Business Regulations •
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
section 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.
{00032630.DOCX / 6}
MARANA TOWN CODE
12/20/2013
Title 10
Health and Sanitation
TITLE 10. HEALTH AND SANITATION
CHAPTER 10 -1.
CHAPTER 10 -2.
CHAPTER 10 -3.
CHAPTER 10 -4.
CHAPTER 10 -5.
CHAPTER 10 -6.
TRANSPORTATION AND DUMPING OF GARBAGE OR AGGREGATE
MATERIAL ....................................................................................... ...........................10 -1
MAINTENANCE OF PROPERTY ................................................. ...........................10 -3
SEWAGESLUDGE .......................................................................... ...........................10 -7
TRAVEL REDUCTION CODE ....................................................... ...........................10 -8
FIREWORKS .................................................................................... ..........................10 -14
SPECIAL EVENTS PERMIT .......................................................... ..........................10 -17
{00032630.DOCX / 6}
TITLE 10. HEALTH AND SANITATION
CHAPTER 10 -1. TRANSPORTATION AND DUMPING OF
GARBAGE OR AGGREGATE MATERIAL
Title 10. Health and Sanitation o
Ordinance 96.15 adopted title 10
10 -1 -1 Definitions
The following definitions shall apply throughout this chapter unless
the context clearly indicates otherwise.
A. "Aggregate material" means any rock fragments, pebbles, sand,
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 with-
out any holes, cracks or openings through which materials may es-
cape, regardless of the degree to which the container is filled.
C. "Disposal facility" means any active landfill, inactive landfill, de-
bris fill, transfer station, temporary drop off site for any solid
waste, waste storage site, or waste processing facility.
D. "Enclosed cargo area" means a part of a vehicle designed for carry-
ing objects or materials, with all of the following characteristics:
1. Bottom and vertical sides made of solid and durable material,
such as metal or plastic, which will resist normal wear and tear,
and without any holes, cracks or openings through which ma-
terials 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 pre-
vent material from escaping; and
4. A cover, tarpaulin or other device which prevents the load
from becoming loose, detached or in any manner a hazard to
other users of the roadway, public thoroughfare or right -of-
way.
"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.
E. "Garbage" means any litter, refuse, rubbish, trash, weeds, filth or
debris which constitutes a hazard to public health and safety, and
includes, but is not limited to, all putrescible and nonputrescible
solid wastes including garbage, trash, ashes, street cleanings, dead
animals, abandoned automobiles, vehicle parts and solid market
and industrial waste, filthy or odoriferous objects or substances,
any clippings of brush, grass, or weeds, and any debris, rubbish or
other unsightly or unsanitary matter of any kind whatsoever.
{00032630.DOCX / 6}
MARANA TOWN CODE 10 -1
Ordinance 2002.06 adopted section 10 -1 -1. Ordi-
nance 2012.07 amended section 10 -1 -1 by adding
the unnumbered introductory paragraph, insert-
ing the "disposal facility" definition, and amend-
ing the "garbage" definition. See Ordinance 96.15
for prior text.
Ordinance 2002.30 adopted paragraph 4. See Or-
dinance 2002.06 for prior text.
12/20/2013
Title 10. Health and Sanitation e
10 -1 -2 Transportation of garbage or aggregate material; Section 10 -1 -2 was adopted by Ordinance 2002.06
classification; enforcement and modified by Ordinance 2012.07
A. No person shall transport garbage or aggregate material within the
town limits in an open vehicle unless the garbage or aggregate ma-
terial 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.
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. Ordinance 2002.30 added paragraph 4
C. No vehicle shall be driven or moved on any roadway within the
town limits unless the vehicle is so constructed or loaded as to
prevent any of its load from dropping, shifting, leaking, or other-
wise 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 beequipped with the following equipment:
Ordinance 2002.30 amended paragraph D
g
1. Splash flaps shall be maintained behind every tire or set of
tires.
2. Fenders on commercial trailers shall not be removed or disa-
bled.
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 five inches of the road-
way surface.
F. Vehicles with cargo areas comprised of full rigid enclosures are ex-
empt from the requirements of subsection E of this section.
{00032630.DOCX / 6}
MARANA TOWN CODE 10 -2 1212012013
Title 10. Health and Sanitation e
G. Violation of this section is a civil infraction and shall be enforced
pursuant to chapter 5 -7 of this code.
10 - -3 Spilled garbage or aggregate materials; classification
Ordinance 2012.07 added section 10 -1 -3
A. Any person transporting any garbage or aggregate materials along
the streets of the town shall immediately replace in the conveyance
used for the hauling any garbage or aggregate materials which
may fall upon any street.
B. Violation of this section is a civil infraction and shall be enforced
pursuant to chapter 5 -7 of this code.
10 -1 -4 Illegal dumping; classification
Ordinance 2012.07 added section 10 -1 -4. See Ordi-
A. No person shall dump, deposit, place, throw, discard or leave gar
nance 2005.22 for prior text
bage on any public or private property not owned or under the
control of that person except at a designated disposal facility or in
an authorized garbage receptacle that prevents garbage from being
carried or deposited by the elements upon any other private or
public property.
B. In addition to any penalty that may be imposed by this code, any
person violating the provisions of this section shall be liable for
any costs assessed for removing, abating or enjoining the garbage.
C. Violation of this section is a class 1 misdemeanor.
CHAPTER 10 -2. MAINTENANCE OF PROPERTY
Ordinance 2012.07 added chapter 10 -2 See Ordi-
nance 96.15, 98.14, and 2005.22 for prior text.
10 -2 -1 Definitions
The following definitions shall apply throughout this chapter unless
the context clearly indicates otherwise.
A. "Dilapidated building' means any real property structure that is
Ordinance 2013.017 added the "dilapidated build -
p
likely o burn or coll and its condition endangers the life,
Y p g
�'
ing definition and renumbered the remaining defi-
health, safety or property of the public
nitions to conform
B. "Owner" means, as applied to property, any part owner or joint
owner.
C. "Property" means buildings, grounds, lots and tracts of land.
D. "Refuse" means any rubbish, trash, filth or debris which consti-
tutes a hazard to public health and safety and shall include all pu-
trescible and nonputrescible solid wastes including garbage, trash,
ashes, street cleanings, dead animals, abandoned automobiles, ve-
hicle parts and solid market and industrial waste, any deposit, ac-
cumulation, pile or heap of brush, grass, debris, weeds, cans, cloth,
paper, wood, rubbish or other unsightly or unsanitary matter of
any kind whatsoever.
E. "Weeds" includes, but is not limited to, untended or uncultivated
plants, invasive plants, aggressively seeding plants, Russian thistle,
ragweed, plants generally accepted as having no value and fre-
quently of uncontrolled growth.
{00032630.DOCX / 6}
MARANA TOWN CODE 10 -3 1212012013
Title 10. Health and Sanitation 1
10 -2 -2 Accumulation of vegetation prohibited; classification;
enforcement
A. Each owner, lessee, tenant, resident or occupant shall maintain a
property so it is free of the accumulation or untended growth of
vegetation. The accumulation or untended growth of vegetation
means the presence of plants on property that create a fire, safety
or health hazard, or that attract vermin either on the property, on
neighboring properties, or on both, and includes but is not limited
to:
1. Any growth of brush, grass or other vegetable growth that ex-
ceeds nine inches in height.
2. All weeds that exceed nine inches in height.
3. Dead trees or dead shrubs.
4. Dead palm fronds within ten feet of the ground, a structure, a
fence or wall, or of any combustible other than the tree from
which the fronds have grown.
5. Any tree, shrub, or other form of vegetation of any kind on the
property or on the adjoining right -of -way, street, or alley that
extends over or under the sidewalk space or roadway in a
manner that may interfere with the reasonable use of the street,
sidewalk, or alley for pedestrian or vehicular traffic of any kind
or that may obstruct the view or light distribution of traffic -
control devices or luminaries. Vegetation must be trimmed and
maintained to provide an unobstructed pedestrian path a min-
imum of 48 inches in width and 80 inches in height from grade.
B. Violation of this section is a civil infraction and shall be enforced
pursuant to chapter 5 -7 of this code.
10 -2 -3 Accumulation of refuse prohibited; classification;
enforcement
A. Each owner, lessee, tenant, resident or occupant shall maintain a
property so it is free of the accumulation of refuse. The accumula-
tion of refuse means contained or uncontained refuse that is pre-
sent on property that is not a properly licensed and zoned junk-
yard or material recycling facility.
B. Violation of this section is a civil infraction and shall be enforced
pursuant to chapter 5 -7 of this code.
10 -2 -4 Dilapidated buildings prohibited; classification;
enforcement
A. Each owner, lessee, tenant, resident or occupant shall maintain a
property so that it is free of dilapidated buildings. Dilapidated
building means any real property structure that is likely to burn or
collapse and its condition endangers the life, health, safety or
property of the public, and includes but is not limited to a building
that is abandoned, inadequately maintained, in disrepair, neglect-
{00032630.DOCX / 6}
MARANA TOWN CODE 10 -4
Ordinance 2013.017 added section 10 -2 -4 and re-
numbered the remaining sections to conform
12/20/2013
Title 10. Health and Sanitation 1
ed, vandalized, constructed in a faulty manner, not of sufficient
strength or stability, not anchored, attached or fastened in place to
an adequate supporting foundation, unsecured or in a state of de-
terioration.
B. Violation of this section is a civil infraction and shall be enforced
pursuant to chapter 5 -7 of this code.
10 -2 -5 Notice to compel removal of refuse, vegetation, weeds or
dilapidated buildings
A. If enforcement pursuant to chapter 5 -7 of this code fails to secure
compliance with the provisions of this chapter, or if the town is
unable to pursue enforcement pursuant to chapter 5 -7 by reason of
failure to secure jurisdiction over the owner, lessee, tenant, resi-
dent or occupant of the property in question, the town shall pro-
vide notice to compel the removal of refuse, vegetation, weeds or
dilapidated buildings by the procedures set forth in this section.
B. The town shall provide written notice of a violation of this chapter
to the owner of the property, the owner's authorized agent or the
owner's statutory agent, and to the occupant or lessee of the prop-
erty, if any. The notice shall be served by personal service or by
certified mail. If the notice is served by certified mail, it shall be
mailed to the last known address of the owner, the owner's author-
ized agent or the owner's statutory agent and to the address to
which the tax bill for the property was last mailed.
C. The notice shall include all of the following:
1. A description of the violation;
2. A legal description of the property;
3. A date by which the owner, occupant or lessee must come into
compliance with this chapter, which date shall be not less than
30 days from the date of service of the notice;
4. A statement that if any person with an interest in the property,
including an owner, lienholder, lessee or occupant, fails to
comply with this chapter by the date set for compliance, the
town will remove the refuse, vegetation, weeds or dilapidated
buildings and assess all costs for removal against the property;
5. A statement of the cost to the town for removal of the refuse,
vegetation, weeds or dilapidated buildings should the owner,
occupant or lessee fail to comply with the notice; and
6. A description of the owner's, occupant's or lessee's right to ap-
peal the notice, as provided in this chapter.
10 -2 -6 Appeal
A. Within ten business days after the owner's, occupant's or lessee's
receipt of the notice described in section 10 -2 -5, the owner, occu-
pant or lessee may file a written response and request for an ap-
peal hearing with the town clerk.
{00032630.DOCX / 6}
MARANA TOWN CODE 10 -5
Ordinance 2013.017 renumbered section 10 -2 -5 and
revised its heading and text to include dilapidated
buildinQ
12/20/2013
Title 10. Health and Sanitation 1
B. Within seven business days after receipt of the owner's, occupant's
or lessee's request for appeal, the town shall either withdraw or
modify the notice or schedule an appeal hearing before the town
council.
C. The owner, occupant or lessee shall be notified in writing by certi-
fied mail of the date, time and location of the hearing.
D. The hearing shall be scheduled not less than 15 calendar days and
no more than 30 calendar days after receipt by the town clerk of
the request for hearing.
E. The hearing shall be conducted in an informal manner and the
rules of evidence shall not apply. The owner, occupant or lessee
may be represented by an attorney.
F. The council may affirm or withdraw the notice or modify the scope
of the work required by the notice. The decision of the council is
final.
10 -2 -7 Removal by town; costs assessed; appeal; recording of
assessment
A. If the owner, occupant or lessee fails, neglects or refuses to comply
Ordinance 2013.017 renumbered section 10 -2 -7 and
with the notice described in section 10 -2 -5 in a timely manner, the revised paragraph A to include dilapidated build -
town may remove, abate, enjoin or cause the removal of the refuse, ings
vegetation, weeds or dilapidated buildings at the expense of the
owner, occupant or lessee.
B. Upon completion of the work, the town shall prepare a verified
statement of account of the actual cost of the removal or abate-
ment, including 5% for additional inspection and other incidental
connected costs, the date the work was completed, and the legal
description of the property on which the work was done, and shall
serve a duplicate copy of the verified statement upon the owner,
occupant or lessee in the manner described in paragraph B of sec-
tion 10 -2 -5.
C. Within ten business days after the owner's, occupant's or lessee's
receipt of the verified statement described in paragraph B of this
section, the owner, occupant or lessee may file a written response
and request for an appeal hearing with the town clerk.
D. Within seven business days after receipt of the owner's, occupant's
or lessee's request for appeal, the town shall either withdraw or
modify the verified statement or schedule an appeal hearing before
the town council. The provisions of paragraphs C, D and E of sec-
tion 10 -2 -6 shall apply to any appeal hearing provided pursuant to
this section.
E. The council may affirm or modify the amount of the assessment or
determine that no assessment at all shall be made. The decision of
the council shall be final and binding on all persons.
F. If an appeal of the assessment of costs is not filed with the town
clerk within the time period provided for appeal, then the amount
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MARANA TOWN CODE 10 -6 1212012013
Title 10. Health and Sanitation 1
of the assessment as determined by the town shall become final
and binding.
G. If no appeal is taken from the amount of the assessment, or if an
appeal is taken and the council has affirmed or modified the
amount of the assessment, and if the owner, occupant or lessee of
the property does not pay the assessment within 14 calendar days
after it becomes final, the original or council- modified assessment
shall be recorded in the office of the county recorder and, from the
date of its recording, shall be a lien on the property until paid.
10 -2 -8 Enforcement independent of other enforcement action
The authority of the town to enforce the provisions of this chapter is
independent of and in addition to the authority of other town officials
to enforce the provisions of any other chapter of this code or other
laws, ordinances, or statutes.
CHAPTER 10 -3. SEWAGE SLUDGE See Ordinance 83.04 and 85.06 for prior history of
sewage sludge regulations
10 -3 -1 Residential areas
The use of land within the town that is within one quarter mile of a
human residence that is also within the town for the application of or
injection 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 in-
jection of sewage sludge to the surface or within eight inches of the
surface 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, commer-
cial, industrial and public land uses.
10 -3 -4 Reporting requirements
Any use of land within the town for the application or injection of
sewage sludge shall be reported to the town clerk upon the initiation
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MARANA TOWN CODE 10 -7 1212012013
Title 10. Health and Sanitation 1
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 Classification; enforcement
A. Violation of this chapter is a civil infraction and shall be enforced
pursuant to chapter 5 -7 of this code.
B. Enforcement of this chapter shall be the responsibility of the town
planning and zoning administrator, but other law enforcement of-
ficers and code compliance officers of the town may be called upon
to enforce its provisions from time to time.
CHAPTER 10 -4. TRAVEL REDUCTION CODE
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 unincorpo-
rated areas of Pima County by increasing alternate mode usage and
reducing overall motor vehicle travel for commute trips. This chapter
shall establish a basis for a cooperative effort of the local jurisdictions
to achieve a uniform program for reduction of work related trips by
employees working for major employers subject to this regulation.
10 -4 -2 Definitions
A. The following definitions shall apply unless the context clearly in-
dicates otherwise.
1. "Airshed" means that area delineated
with a black "planning area" line on the
map entitled "Eastern Pima County Tuc-
son 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 em-
ployer 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 ve-
hicle (car, truck or van) to or from work.
5. "Commuter trip" means a trip taken by an
employee to or from work within the
airshed.
Ordinance 2012.07 amended Section 10 -3 -5 by
modifying the title, adding paragraph A, and
numbering and modifying paragraph B
See Ordinance 88.06 for prior history of travel
reduction regulations
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MARANA TOWN CODE 10 -8
12/20/2013
Title 10. Health and Sanitation 1
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.
12. "Motor vehicle" means any vehicle propelled by a motor; in-
cluding car, van, bus, motorcycle, and all other motorized vehi-
cles.
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
purpose is to further the welfare of the community.
15. "Regional program" means the combination of all implement-
ed 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.
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MARANA TOWN CODE
10 -9
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Title 10. Health and Sanitation 1
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
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 ob-
ject to the plan; otherwise the plan is automatically approved. Any
objection shall be based upon the criteria set forth in section 10 -4 -5.
If the lead agency objects, the plan is not approved and shall be re-
turned to the TRP task force with appropriate comments for re-
view 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.
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MARANA TOWN CODE 10 -10
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Title 10. Health and Sanitation 1
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 eligible for participation in all programs and services.
Groups of employers are encouraged to form transportation man-
agement associations.
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 pro-
gram, and bicycle routes. This information shall also be provided
to new employees 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
contain the following elements.
1. The name of the designated transportation coordinator.
2. A description of employee information programs and other
travel reduction measures which have been completed in the
previous year.
3. A description of travel reduction measures to be undertaken by
the major employer in the coming year. The following
measures may be included:
a. A commuter matching service, in addition to or coordinat-
ed with PAG's RideShare program, to facilitate employee
ridesharing for work trips.
b. Provision of vans for vanpooling.
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MARANA TOWN CODE 10 -11
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Title 10. Health and Sanitation 1
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 provid-
ers 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.
1. 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 dis-
incentives; 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:
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 regional
targets for travel reduction, the plan shall accurately and com-
pletely describe current and planned travel reduction
measures.
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MARANA TOWN CODE
10 -12
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Title 10. Health and Sanitation 1
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
Ordinance 2005.22 corrected the cross - reference
those described in section 10- 4 -5C.3 of this chapter) in the 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 chapter)
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
measures.
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 employ-
ee 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 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
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MARANA TOWN CODE 10 -13 1212012013
Title 10. Health and Sanitation 1
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 Classification; enforcement
A. Violation of this chapter is a petty offense punishable as provided
by the Arizona revised statutes.
B. The lead agency, upon determining a substantial violation of this
code, shall request the town attorney to take appropriate legal ac-
tion.
C. Violations of any of the following requirements may subject a ma-
jor 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 oth-
er 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 sched-
ule provided or failure to perform a revision of a plan as re-
quired by the TRP task force.
D. Failure by a major employer to meet travel reduction goals as de-
fined in sections 10 -4 -5 E and F shall not constitute a violation pro-
vided that the major employer is attempting in good faith to meet
the goals.
CHAPTER 10 -5. FIREWORKS
10 -5 -1 Definitions
In this chapter, unless the context requires otherwise, the following
terms shall have the following meanings:
A. "Display firework," "fireworks" and "permissible consumer fire-
works" are defined as provided in A.R.S. § 36 -1601 or any succes-
sor provision.
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MARANA TOWN CODE 10 -14
Ordinance 2012.07 amended Section 10 -4 -7 by
modifying the title, adding paragraph A, and re-
numbering the remaining paragraphs
Ordinance 2005.22 corrected the cross - references
in paragraph D
Ordinance 2011.09 Chapter 10 -5 renamed chapter
10 -5 from "Fireworks permits" to "Fireworks."
See Ordinance 89.29 for prior history of fireworks
regulations.
Ordinance 2011.09 added section 10 -5 -1 and de-
leted former section 10 -5 -1 ( " Issuance of per-
mits")
12/20/2013
Title 10. Health and Sanitation 1
B. "Public display of fireworks" means a performance of display
fireworks open to the public and authorized by a permit issued by
the town.
10 -5 -2 Prohibited conduct; exceptions
Ordinance 2011.09 added section 10 -5 -2 and re-
A. Except as otherwise provided in this chapter, it is unlawful to:
numbered former section 10 -5 -2
1. Sell, use or possess any fireworks within the town limits.
2. Put on a public display of fireworks without first obtaining a
permit for a public display of fireworks from the town.
B. This chapter does not prohibit:
1. The sale of permissible consumer fireworks by a retail estab-
lishment if the retail establishment complies with the rules
adopted pursuant to A.R.S. § 36 -1609.
2. The use or possession of permissible consumer fireworks by
the general public.
3. A public display of fireworks authorized by a permit issued by
the town pursuant to the procedures set forth in this chapter.
10 -5 -3 Application for permit
Any person wishing to have a public display of fireworks within
Ordinance 2011.09 renumbered section 10 -5 -3
the town limits must make written application for a fireworks per-
mit to the town clerk, on a form to be prescribed by the town clerk,
not less than 15 days prior to the date of the fireworks display.
10 -5 -4 Permit fee
All applications for fireworks permits must include anon- refundable
Ordinance 2011.09 renumbered section 10 -5 -4,
which Ordinance 2009.11 amended by replacing
permit fee in an amount established by a fee schedule adopted by the
the specific fireworks permit fee with a reference to
council and amended from time to time to cover the cost of investigat-
the comprehensive fee schedule
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 -5 Required information in application
Ordinance 2011.09 renumbered section 10 -5 -5
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
fireworks will be held.
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MARANA TOWN CODE 10 -15 1212012013
Title 10. Health and Sanitation 1
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 -6 Investigation; issuance of permit
A. Upon receipt of an application for a permit for a public display of
fireworks, the town clerk shall forward the application to the fire
chief for investigation. The fire chief shall conduct an investigation
to determine, among other things, that the display is being handled
by a competent 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.
B. If the fire chief approves the public display of fireworks after in-
vestigation and the applicant is otherwise in compliance with the
provisions of this chapter, the town clerk is hereby authorized to
issue a permit for the public display of fireworks within the town
limits.
10 -5 -7 Bond and insurance requirements
A. After considering the potential danger to property and the proxim-
ity of the display to existing structures, the town clerk shall require
an applicant for a permit for a public display of fireworks to fur-
nish a cash bond or surety bond issued by an insurance carrier li-
censed 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.
B. In addition to any bond required by paragraph A, the applicant
shall also furnish insurance in a form and in amounts satisfactory
to the town.
10 -5 -8 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.
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MARANA TOWN CODE 10 -16
Ordinance 2011.09 renamed, renumbered, and
amended section 10 -5 -6
Ordinance 2011.09 renamed, renumbered, and
amended section 10 -5 -7
Ordinance 2011.09 renumbered section 10 -5 -8
12/20/2013
Title 10. Health and Sanitation e
10 -5 -9 Classification; continuing violations
A. Whenever in this chapter any act is prohibited or declared to be
Ordinance 2011.09 added section 10 -5 -9
unlawful or the doing of any act is required or the failure to do any
act is declared to be unlawful, the violation of that provision is a
class 3 misdemeanor.
B. Each day any violation continues shall constitute a separate of-
fense.
Ordinance 2007.18 added chapter 10 -6. Former
CHAPTER 10 -6. SPECIAL EVENTS PERMIT
Chapter 10 -6 ( "Smoking ") was added by Ordi-
nance 2006.04 and repealed by Ordinance
2007.04. The repeal was effective on the effective
10 -6 -1 Purpose; definitions
date of the smoke free Arizona initiative, which
was approved by the voters at the 2006 Arizona
A. The purpose of this chapter is to establish a process for permitting
general election and became effective May 1, 2007.
and regulating certain temporary activities conducted on public
property or private property when public safety is potentially im-
pacted. This chapter is adopted pursuant to the authority of A.R.S.
§ 9 -240, as amended, and is intended to provide fair and reasona-
ble 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 ap-
ply 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
ingress 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.
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MARANA TOWN CODE 10 -17 1212012013
Title 10. Health and Sanitation 1
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.
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 conducted,
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 access
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 Dis-
trict. These departments shall review the application and may im-
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MARANA TOWN CODE 10 -18
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Title 10. Health and Sanitation 1
pose 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,
approval with conditions, denial or request for additional infor-
mation 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.
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, section
11 -5 -3D.
B. Sanitation.
1. The applicant shall provide and maintain toilet and hand
washing facilities that are adequate for the anticipated maxi-
mum attendance 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 en-
forcement officers for event security, as determined by the chief of
police. In making the determination of the need for security ser-
vices, the chief of police shall consider the event nature, anticipated
attendance, 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 at-
tendees, and accessibility of the event venue to emergency vehi-
cles. In the event medical services are used at the event, the medi-
cal services plan shall be approved by the chief of police and
Northwest Fire District.
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Title 10. Health and Sanitation 1
E. Lighting. Events which will take place or where attendees may still
be present after dark will be required to provide adequate illumi-
nation 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.
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
measures are to be employed, a traffic control plan must be sub-
mitted 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
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Title 10. Health and Sanitation 1
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
permit or in any other document required pursuant to this sec-
tion;
4. That the applicant, his or her employee, agent or any person
associated with the applicant as partner, director, officer,
stockholder, associate or manager, has been convicted in a
court of competent jurisdiction, by final judgment, of an of-
fense:
a. Involving the presentation, exhibition or performance of an
obscene production, motion picture or play, or of selling
obscene matter;
b. Involving lewd conduct;
c. Involving the use of force and violence upon the person of
another;
d. Involving misconduct with children; or
e. An offense against the provisions of Arizona law respecting
narcotics and dangerous drugs, or of any equivalent offense
under the law of any other state which if committed in Ari-
zona would have been a violation of the Arizona statutory
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 sub-
mittal 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.
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Title 10. Health and Sanitation
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.
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MARANA TOWN CODE
10 -22
Former chapter 10 -7 (penalties) was deleted by
Ordinance 2012.07, and its provisions were placed
into the respective sections of this title. For prior
history, see Ordinance 96.15, 98.14, 2006.04, and
2007.04.
12/20/2013
Title 11
Offenses
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 -14
STORAGE OF INOPERABLE OR JUNKED VEHICLES ........... ..........................11 -14
UNATTENDED CHILD IN MOTOR VEHICLE; CLASSIFICATION;
PENALTY ........................................................................................ ..........................11 -15
PENALTIES ..................................................................................... ..........................11 -16
UNRULY RESIDENTIAL ACTIVITIES ....................................... ..........................11 -17
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TITLE 11. OFFENSES
Ordinance 96.16 adopted title 11
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 prop-
erty 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
business, for any purpose other than the normal conduct of trade with
that business, or, if the property is that of a government, for any pur-
pose 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
otherwise 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 after
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 Ar-
izona Revised Statute.
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Title 11. Offenses 0
CHAPTER 11 -3. GRAFFITI Ordinance 98.21 adopted chapter 11 -3 and re-
numbered the later chapters to conform
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- Ordinance 2005.22 deleted a redundant definition
g of person (see section 1 -3 -2)
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 sec-
tion.
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.
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Title 11. Offenses 0
B. Upon the receipt of notice requiring abatement from the graffiti
abatement officer, any person owning or otherwise being in control
of the property shall within ten days thereafter remove or abate all
graffiti specified in the notice. The graffiti abatement officer shall
give notice utilizing the procedures set forth in this section. The
graffiti abatement officer may cause the removal of graffiti from
private property should the property owner or person in control
fail to remove graffiti after the required notice. The town is ex-
pressly authorized 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
personal property, owned, operated, or maintained by a govern-
mental entity, agency or instrumentality or by any person, firm, or
corporation, unless permission of the owner or operator of the
property has been obtained.
B. No person may possess an aerosol spray paint container on any
private property unless the owner, agent, manager, or other person
having control of the property consented to the presence of the
aerosol spray paint container.
C. No person under the age of 18 years may possess an aerosol spray
paint container on any public property unless accompanied by a
parent, guardian, teacher or other person in a similar relationship
over the age of 18 years and the possession is for a lawful purpose.
D. No person under the age of 18 years may buy any aerosol spray
paint container from any person or firm.
E. Penalties. Violations of this section shall constitute a class 1 mis-
demeanor and shall be punished as follows:
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 Ar-
izona revised statutes.
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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.
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 up-
on 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 parent to
child, guardian to ward, employer to employee, teacher to student
or in any other similar relationship when the transfer is for a law-
ful 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 mag-
istrate may suspend the imposition of the minimum fines pre-
scribed 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:
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MARANA TOWN CODE 11 -4
Ordinance 97.35 adopted chapter 11 -4. See Ordi-
nance 96.16 and 98.21 for prior history.
12/20/2013
Title 11. Offenses 0
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.
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
immediate 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 enter-
tainment.
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, partner-
ship, or corporation operating, managing, or conducting any
establishment. The term includes the members or partners of
an association 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, oper-
ator, 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.
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11 -4 -2 Offenses
A. A minor commits an offense if the minor remains in any public
place or on the premises of any establishment within the town,
away from the property where the minor resides, during curfew
hours.
B. A parent, guardian or person having responsibility of a minor
commits an offense if the parent, guardian or person having re-
sponsibility for the minor knowingly permits, or by insufficient
control allows, the minor to remain in any public place or on the
premises of any establishment within the town, away from the
property where the minor resides, during curfew hours. It shall not
constitute a defense that the parent, guardian or other person hav-
ing responsibility 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 premis-
es 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 guardi-
an;
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
detour or stop by the most direct route;
5. The minor was involved in an emergency;
6. The minor was on the sidewalk abutting the minor's residence
or abutting the residence of a next door neighbor if the neigh-
bor did not complain to the police department about the mi-
nor s presence;
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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, at-
tending an official school, religious, or other recreational activi-
ty supervised by adults and sponsored by the town, a civic or-
ganization, 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 civ-
ic organization, or another similar entity that takes responsibil-
ity 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
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 -21) 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 of-
ficer 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 un-
der this section unless the officer reasonably believes that an offense
has occurred and that, based on any response and other circumstances,
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
Ordinance 98.21 renumbered chapter 11 -5
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
instruments whether played by individuals, orchestra, radio, pho-
nograph, music box or other mechanical device or means in such a
loud or unusual manner as to be offensive to the senses, or so as to
disturb the slumber, peace and quiet, or otherwise interfere with or
annoy the comfortable enjoyment of life or property of any person
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Title 11. Offenses 0
and is no less a nuisance because the extent of the annoyance in-
flicted is unequal.
B. It is unlawful to play, operate or use any device known as a sound
truck, loud speaker or sound amplifier, radio or any instrument of
any kind or character which emits loud and raucous noises and is
attached to and upon any vehicle unless the person in charge of the
vehicle shall have first applied to and received permission from the
chief of police to operate the vehicle so equipped.
11 -5 -2 False alarms
A. It shall be unlawful to allow or cause a false alarm within the town.
punishable as provided in sec- The town attorney revised the cross - reference in
A violation of this section shall be
p p 11 -5 -2, paragraph A as a scrivener is error on
tion 11 -9 -2 below. April 30, 2009, pursuant to the authority granted
B. In this chapter, unless the context otherwise requires: by section 1 -4 -5
1. "Alarm" means any mechanical or electrical device or assem-
bly of equipment designed or arranged to signal the occurrence
of an illegal entry or other activity requiring urgent attention
and to which the police are expected to respond, or designed or
arranged to signal the occurrence of a fire or excessive smoke
requiring urgent attention and to which a fire department is
expected to respond.
2. "Alarm company" means any firm, person, partnership, corpo-
ration or entity which has servicing, maintenance or monitor-
ing 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 facil-
ity 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.
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11 -5 -3 Noise standards in the resort and recreation zone
Ordinance 2002.12 adopted section 11 -5 -3
A. Applicability; policy. The town has come to understand that cer-
tain allowable activities within the resort and recreation zone may
be disruptive to the public health, safety and general welfare, the
satisfaction, and the feeling of well being to the surrounding resi-
dents. To control unnecessary, excessive and annoying noise being
generated from properties with the resort and recreation (RR) zon-
ing designation, it is the policy of the town to maintain the stand-
ards identified in this section to protect the public health, safety
and general welfare of the surrounding residentially zoned proper-
ties. All uses established or placed into operation after the effective
date of this section shall comply at all times hereafter with the fol-
lowing limitations or performance standards.
B. Definitions. As used in this section, the following terms shall be
defined as follows:
1. A weighted sound level. The sound pressure level in decibels
as measured on a sound level meter using the A weighted filter
network. The A weighted filter network is designed to simulate
the response of the human ear. The A weighted sound level is
expressed by the symbol dBA.
2. Ambient noise. The composite of noise from all existing
sources near and far. The ambient noise level constitutes the
normal or existing level of environmental noise at a given loca-
tion, excluding any alleged offensive noise.
3. Decibel (H). 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 pro-
vide 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
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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 proper-
ty 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 a.m. to 10:30 p.m. —Not to exceed 55dBA
10:30 p.m. to 7:00 a.m. —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 eval-
uated and conditioned as part of the film permit.
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 proper-
ty, 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 accord-
ance 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:
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1. Microphone orientation. The microphone shall be pointed to-
wards the allegedly offensive noise source, unless the manufac-
turer's instructions specifically indicate otherwise.
2. Meter setting. The meter shall be set for the A weighted 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
future 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 zon-
ing district. The need for a noise study will be determined at
the time of development review. Pre - development noise stud-
ies shall project future noise levels based on proposed uses,
traffic volumes and other relevant future conditions. Existing
and projected noise shall be evaluated pursuant to the noise
standards within this section. Mitigation measures shall be
proposed to bring noise levels into compliance with these
standards. Mitigation measures may consist of walls, berms,
setbacks, landscaping, building materials, construction meth-
ods 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 lev-
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el when measured according to this section, to exceed the max-
imum 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 com-
ply 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.
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 responsi-
ble 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 pro-
cedures in obtaining any permit is not required for a particular
use, initial and continued compliance with performance stand-
ards 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
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 adjudi-
cate violations of this section. Violations shall be charged via the
short form Arizona Traffic Ticket and Complaint or via the long
form summons and complaint submitted by the town attorney.
Pursuant to A.R.S. § 9- 500.21(A)(3), the town magistrate, in adjudi-
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cating violations of this section, shall use the same procedures used
for adjudicating civil traffic offenses.
11 -5 -4 Construction noise
Ordinance 2002.14 adopted section 11 -5 -4, which
A. It shall be unlawful to allow or cause site construction activities
was renumbered to conform to Ordinance 2002.12
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 permis-
sion to perform site construction work earlier in the summer
months by notifying the residents within 500 feet of the site in writ-
ing and asking the residents to contact the town if they wish to de-
ny permission. The Building Official will then evaluate the request,
and if reasonable, and without majority of residents requesting de-
nial, 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.
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 2005.22 amended paragraph H by
1. Site construction is the work relating to site improvements such
adding "For purposes of this section" to the intro -
as installation of utilities, on site curbs, parking lot surfaces, on
duction and deleting it from the definition of "Site
site sidewalks, and all structures such as buildin g g s, walls, signs
construction"
and light poles.
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2. Construction noise shall be considered any construction activi-
ty 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
chapter 11 -9 Penalties. Violation of this provision will be a class 1
misdemeanor and will be issued by the Marana police department
upon complaint and investigation finding probable cause to issue a
ticket.
CHAPTER 11 -6. PUBLIC URINATION OR DEFECATION
It is unlawful for any person to urinate or defecate in a public place, or
in any place exposed to public view, except in an established lavatory
or toilet.
CHAPTER 11 -7. STORAGE OF INOPERABLE OR JUNKED
VEHICLES
11 -7 -1 Definitions
The following definitions shall apply throughout this chapter unless
the context clearly indicates otherwise.
A. "Car cover" means a cover designed for the purpose of covering
cars and does not include tarps, bed sheets, plastic sheeting, or
similar materials.
B. "Inoperable vehicle" or "junked vehicle" means any vehicle, in-
cluding any motor vehicle and any other device in, upon or by
which a person or property may be transported or drawn on a
street, including but not limited to trailers and camper shells but
excluding devices moved by human power, that exhibits one or
more of the following conditions: wrecked, partially or fully dis-
mantled, abandoned, stripped, inoperative, inoperable, unlicensed,
scrapped, or unable to be safely operated.
C. "Private property" means any real property not owned by the fed-
eral government, state, county, city or political subdivision of the
state.
D. "Store" means to park, leave, locate, keep, maintain, deposit, allow
to remain or allow to have a physical presence.
11 -7 -2 Prohibited storage; exceptions
A. No person owning or having custody of any inoperable or junked
vehicle may store the vehicle on private property, or on any side-
walks, streets, rights -of -way or alleys within the town, except as
otherwise permitted under this section
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MARANA TOWN CODE 11 -14
The town attorney made a scrivener's error correc-
tion to the chapter 11 -9 cross - reference in para-
graph I on January 5, 2010, pursuant to the au-
thoritil in section 1 -4 -5
Ordinance 98.21 renumbered chapter 11 -6
Ordinance 2012.06 rewrote chapter 11 -7. See
Ordinance 98.21 for prior text.
12/20/2013
Title 11. Offenses 0
B. No person owning, occupying or in control of any private property
within the town may store any inoperable or junked vehicle on the
owned or occupied property, or on any abutting sidewalks, streets,
rights -of -way or alleys, except as otherwise permitted under this
section
C. Inoperable or junked vehicles may be stored on private property
under the following circumstances:
1. If the vehicle is on the premises of a business enterprise operat-
ed in a lawful place and manner and licensed by the town and
the storage of the vehicle is necessary to the operation of the
business enterprise.
2. If there are no more than two vehicles on the private property
and they are lawfully enclosed within:
a. An enclosed garage or other permanent building lawfully
constructed of opaque materials without openings, holes or
gaps other than doors and windows; or
b. A carport, and the body of the vehicle is completely cov-
ered by an opaque car cover; or
C. Any fence, wall or barrier, not less than five feet in height,
constructed of opaque materials without openings, holes or
gaps other than gates or doors, and the fence, wall or barri-
er completely encloses the vehicle and screens it from view
from any adjacent properties, and is equipped with self -
latching gates or doors.
11 -7 -3 Persons responsible
Whenever the town finds that any inoperable or junked vehicle is
stored on private property or on any abutting sidewalks, streets,
rights -of -way or alleys in violation of this chapter, the persons respon-
sible for the violation include the recorded owner, occupant or person
in control of the private property, as well as the registered owner or
custodian of the vehicle.
11 -7 -4 Classification; enforcement
Violation of this chapter is a civil infraction and shall be enforced pur-
suant to chapter 5 -7 of this code.
CHAPTER 11 -8. UNATTENDED CHILD IN MOTOR VEHICLE;
CLASSIFICATION; PENALTY
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
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MARANA TOWN CODE 11 -15
Ordinance 2009.04 adopted chapter 11 -8 and
renumbered the following chapters to conform
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Title 11. Offenses 0
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 comple-
tion of the diversion program requirements shall result in the dismis-
sal of the charge.
11 -8 -4 Violation; penalty
A violation of this chapter is a class 1 misdemeanor.
CHAPTER 11 -9. PENALTIES
11 -9 -1 General
Except as otherwise provided in this title, any violation of this title is 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;
B. A civil sanction in an amount of not more than $250 may be as-
sessed against the responsible alarm company for each false alarm
which occurs if the false alarm was occasioned due to the manner
of installation of the alarm by the responsible alarm company;
C. A civil sanction in an amount of not more than $250 may be as-
sessed against the responsible alarm company for each false alarm
which is occasioned by the failure of the responsible alarm compa-
ny to properly service, maintain or monitor any alarm within the
town.
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MARANA TOWN CODE 11 -16
Ordinance 2009.04 and 98.21 renumbered chapter
11 -9
Ordinance 2012.06 revised section 11 -9 -1
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Title 11. Offenses 0
11 -9 -3 Violation of section 11 -5 -3
Ordinance 2002.12 adopted section 11 -8 -3
A. A person found responsible for a first -time offense prohibited by
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 resi-
dential purposes which causes a disturbance of the quiet enjoyment of
private or public property by any person or persons, and shall be un-
lawful. Disturbances include, but are not limited to, excessive noise or
traffic, obstruction of public streets by crowds or vehicles, drinking in
public, the service of alcohol to minors or consumption of alcohol by
minors, fighting, disturbing the peace, and littering. An unruly resi-
dential 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 liabil-
ity for the penalties provided in this chapter. Parties liable include
any persons in attendance causing the unruly activity, or any own-
er, occupant or tenant of the premises where the unruly activity
occurred, or any sponsor of the event constituting the unruly activ-
ity. 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 peri-
od 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.
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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 pre-
sent, shall be consulted about the location where the notice is post-
ed to achieve both the security of the notice and its prominent dis-
play.
D. An owner, occupant, or tenant of the posted premises may contest
the posting of the notice by filing a written application for a hear-
ing with the Marana municipal court requesting that the court de-
termine whether justification existed for posting of the notice un-
der 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 preponderance of evidence that the posting of the no-
tice was justified pursuant to the provisions of this chapter.
E. The term "owner" as used throughout this chapter includes any
agent of owner acting on behalf of the owner to control or 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 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.
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MARANA TOWN CODE 11 -18
The town attorney corrected the cross - reference in
section 11 -10 -4 paragraphs A and A.1 on May 17,
2010 as a scrivener's error under authority of sec-
tion 1 -4 -5
12/20/2013
Title 11. Offenses 0
2. The owner, occupant, or tenant of the property where the unru-
ly residential activity occurred.
I 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 at-
tributable to the owner, occupant, tenant or sponsor for the pur-
poses 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 viola-
tion, a minimum mandatory fine of $1,000 for a second violation,
and minimum mandatory fines of $1,500 for each third or subse-
quent 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
committed 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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MARANA TOWN CODE 11 -19
The town attorney corrected the cross - reference in
section 11 -10 -5 paragraph A on May 17, 2010 as a
scrivener's error under the authority of section
1 -4 -5
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Title 1
Traffic and Highways
TITLE 12. TRAFFIC AND HIGHWAYS
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.
ADMINISTRATION ........................................................................ ...........................12 -1
TRAFFIC CONTROL ....................................................................... ...........................12 -1
PARKING ......................................................................................... ...........................12 -6
OFF -ROAD MOTOR VEHICLE USE ........................................... ..........................12 -11
IMPOUNDMENT OF VEHICLES ................................................ ..........................12 -14
BICYCLE HELMETS FOR MINORS ............................................ ..........................12 -16
CONSTRUCTION IN TOWN RIGHTS -OF -WAY ...................... ..........................12 -16
SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS FROM
OCCUPANTS OF VEHICLES TRAVELING ON TOWN STREETS OR
HIGHWAYS .................................................................................... ..........................12 -24
OTHER PENALTIES ...................................................................... ..........................12 -25
{00032630.DOCX / 6}
Title 12. Traffic and Highways
TITLE 12. TRAFFIC AND HIGHWAYS
Ordinance 96.17 adopted title 12 ( "Traffic "), re-
named "Traffic and Highways" by Ordinance
CHAPTER 12 -1. ADMINISTRATION 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 ac-
tual 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.
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MARANA TOWN CODE 12 -1 1212012013
Title 12. Traffic and Highways -0
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.
12 -2 -2 Traffic control devices
A. The town shall place and maintain traffic control devices, signs and
signals when and as required under the traffic regulations of the
town to make effective the provisions of the regulations, and may
place and maintain such additional traffic control devices as neces-
sary to regulate traffic under the traffic laws of the town or under
state law or to guide or warn traffic.
B. The driver of any vehicle shall obey the instructions of any official
traffic control device placed in accordance with the traffic regula-
tions of the town unless otherwise directed by the chief of police or
member of the police department, subject to the exceptions granted
in this title or by state law.
12 -2 -3 Traffic preemptor devices
It shall be unlawful for any person not authorized by the town engi-
neer to utilize, alter or interfere with any preemptor device to control
an official 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 pedes-
trians;
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 conform
to or be other than as prescribed by law.
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MARANA TOWN CODE 12 -2
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Title 12. Traffic and Highways -0
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
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 driv-
er 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
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MARANA TOWN CODE 12 -3
Ordinance 2005.22 rewrote the last sentence of
paragraph A
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Title 12. Traffic and Highways -0
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.
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-
Ordinance 2006.31 amended ra ara h A. Click
p g p
cated within the town limits are set forth on the towns speed zone
p
on the following hyperlinks to see the current
map and accompanying table, adopted and amended from time to
speed zone .map, and table (Note: These may take
time by resolution of the council, upon recommendation by the
a moment to download.)
town engineer and based on nationally- accepted traffic engineer-
ing 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 sus-
pected violation of title 28, Arizona revised statutes, or this section,
and to serve a copy of the traffic complaint for any alleged civil or
criminal violation of this title.
12 -2 -12 Speed limits in areas undergoing roadway construction
Ordinance 2008.08 added section 12 -2 -12
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
limits in areas undergoing roadway construction. The temporary
reduced speed limits shall be implemented when the town engi-
neer or the town engineer's authorized representative determines,
based on an engineering and traffic investigation, that the perma-
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MARANA TOWN CODE 12 -4 1212012013
Title 12. Traffic and Highways -0
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.
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
School crossings shall be established and marked in front of each
school building and grounds in conformity with the provisions of
A.R.S. § 28 -797.
12 -2 -14 Railroad crossings
A. No person shall stop, stand or park any motor vehicle or other ve-
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.
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MARANA TOWN CODE 12 -5
Ordinance 2008.08 renumbered section 12 -2 -13
Ordinance 2001.07 adopted section 12 -2 -14,
which was renumbered by Ordinance 2008.08
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Title 12. Traffic and Highways
12 -2 -15 Violations — chapter 12 -2; penalty
Ordinance 2006.31 added section 12 -2 -15, which
A. An violation of chapter 12 -2 shall be a civil traffic violation unless
Y p
was revised and renumbered by Ordinance 2008.08.
The town attorney corrected the cross - reference in
otherwise designated in this title or under state law.
paragraph C on September 4, 2008 as a scrivener's
B. An person found responsible for a civil violation of chapter 12 -2
Any p p
error 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.
CHAPTER 12 -3. PARKING
See Ordinance 94.12 for prior history of chap-
ter 12 -3
12 -3 -1 Definitions.
Ordinance 2006.31 added section 12 -3 -1
The following definitions shall apply throughout this chapter:
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
Ordinance 2006.31 renumbered section 12 -3 -2,
added paragraphs B and C, and modified para-
A. Except as otherwise authorized by posted regulatory signs, every
graph 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 Ar-
izona 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.
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MARANA TOWN CODE 12 -6 1212012013
Title 12. Traffic and Highways
12 -3 -3 Blocking traffic Ordinance 2006.31 renumbered and substantially
A. It shall be a civil infraction for any person to stop, stand or park modified section 12 -3 -3
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 ve-
hicular traffic.
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 ve-
hicle or other vehicle on the paved or main traveled part of a pub-
lic roadway so as to leave available less than ten feet of the width
of roadway between the yellow centerline markings and the curb
on the same side of the centerline markings as the parked vehicle
for the free movement of vehicular traffic.
C. It shall be a civil infraction for any person to stop, stand or park
any motor vehicle or other vehicle on the paved or main traveled
part of a public roadway outside of a business or residence district
unless the vehicle is clearly visible from a distance of 200 feet in
each direction on the roadway.
D. This section does not apply to:
1. The driver of a vehicle that is stopped temporarily when load-
ing 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
leaving the disabled vehicle in that position.
3. A vehicle or the driver of a vehicle engaged in the official de-
livery 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 ve-
hicle.
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.
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MARANA TOWN CODE 12 -7 1212012013
Title 12. Traffic and Highways
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 follow-
ing situations:
1. When loading or unloading materials in a way that does not
block the driveway to the free movement of vehicular traffic.
2. When engaged in the official delivery of the United States mail
if both of the following apply:
a. The driver does not leave the vehicle.
b. The vehicle is stopped only momentarily.
C. Within an intersection.
D. Within fifteen feet of a fire hydrant.
E. On or within 20 feet of a crosswalk.
F. Within 30 feet on the approach to any flashing beacon, stop sign,
yield sign or traffic control signal located at the side of a roadway.
G. Between a safety zone and the adjacent curb or within 30 feet of
points on the curb immediately opposite the ends of a safety zone,
unless otherwise authorized by posted regulatory signs.
H. Within 50 feet of the nearest rail or a railroad crossing or within
eight feet six inches of the center of any railroad track, except while
a motor vehicle with motive power attached is loading or unload-
ing 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
stopping.
N. On a controlled access highway except for emergency reasons or
except in areas specifically designated for parking such as rest are-
as.
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MARANA TOWN CODE 12 -8
Ordinance 2006.31 adopted section 12 -3 -4 and
deleted former section 12 -3 -4 ( "Parking vehicles on
sidewalks ")
12/20/2013
Title 12. Traffic and Highways -0
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 Ordinance 2006.31 renumbered and substantially
The town engineer may erect signs requiring parking at an angle to the modified section 12 -3 -5
curb, allowing parking on the left hand curb on one -way streets, noti-
fying drivers that parking is prohibited and restricting parking in any
way that may be necessary. No parking restrictions authorized by this
section 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 per-
son to stop or park a vehicle in disobedience to the parking re-
strictions.
12 -3 -6 Stopping, standing or parking in handicap parking space Ordinance 2006.31 renumbered and slightly modi-
fied section 12 -3 -6
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
international wheelchair symbol, and either:
1. The motor vehicle displays the distinguishing insignia placard;
or
2. The motor vehicle displays number plates bearing the interna-
tional wheelchair symbol.
B. In any prosecution charging a violation of any of the provisions of
this chapter governing the standing or parking of a vehicle, the
person 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 mo-
mentarily in a handicap parking space for the purpose of loading
or unloading the physically disabled person. No complaint shall be
issued 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
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MARANA TOWN CODE 12 -9 1212012013
Title 12. Traffic and Highways -0
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 volun-
teers are authorized to issue citations only to persons who violate
this section.
12 -3 -7 Law enforcement exception
Ordinance 2006.31 added section 12 -3 -7
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 enforce-
ment duty.
12 -3 -8 Unarmed police parking enforcement aides
Ordinance 2006.31 renumbered and modified sec -
The olice department may employ unarmed police parking enforce-
p p Y p Y p p g
tion 12 -3 -8
ment aides empowered to commence an action or proceeding pursu-
ant to chapter 5 -7 of the town code for any violation of vehicle stand-
ing or parking regulations. The authority of the unarmed police park-
ing enforcement aide shall be strictly limited to the enforcement of ve-
hicle standing or parking regulations. They are not granted any other
powers or benefits to which peace officers of the town are entitled.
12 -3 -9 Parking within right -of -way to display vehicle or goods for
Ordinance 2006.31 added section 12 -3 -9
sale
It shall be a civil infraction to park a vehicle within any Town of Ma-
rana 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
Ordinance 2006.31 added section 12 -3 -10
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 display-
ing the vehicle for sale.
12 -3 -11 Presumption of liability
Ordinance 2006.31 added section 12 -3 -11
A. The display of any signs or other markings indicating that a vehi-
cle is for sale shall be prima facie evidence that the vehicle has been
parked for the purpose of sale.
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MARANA TOWN CODE 12 -10 1212012013
Title 12. Traffic and Highways -0
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
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
A. Any violation of chapter 12 -3 shall be a civil traffic violation.
B. Any person found responsible for violating any provision of chap-
ter 12 -3 shall be fined not more than $250 for each violation.
CHAPTER 12 -4. OFF -ROAD MOTOR VEHICLE USE
12 -4 -1 Definitions
In this chapter, unless the context otherwise requires:
A. "Off -road recreational vehicle" means two -, three- and four -wheel
motor vehicles manufactured or converted for recreational non
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.
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MARANA TOWN CODE 12 -11
Ordinance 2006.31 added section 12 -3 -12
Ordinance 2006.31 renumbered and modified sec-
tion 12 -3 -13
Ordinance 2003.09 modified the title of chap-
ter 12 -4 from "Off -road recreational motor vehi-
cles"
Ordinance 2003.09 rewrote section 12 -4 -1
12/20/2013
Title 12. Traffic and Highways
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 2003.09 added subparagraph (A) (8)
A. No erson shall operate an off -road recreational vehicle: and paragraph B and made other minor revisions
p p 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 trav-
eled 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 com-
ply with the duty of all persons to exercise reasonable care for
the protection of others; or
5. So as to damage landscaping on public or private lands, or to
create significant erosion on those lands; or
6. In a way that causes excessive noise that disturbs the peace and
quiet of a residential area to the extent that a noise complaint is
made to the police department; or
7. Unless all persons under the age of 17 years riding in or upon
the off -road recreational vehicle shall wear adequate protective
headgear; or
8. On any property owned or leased by the town other than a
public roadway, unless specifically authorized in writing by
the town or expressly allowed by this chapter.
B. No person shall operate a vehicle:
1. Upon any portion of any publicly owned wash or riverbed
within the town except to cross the wash or riverbed from one
bank to another within the boundaries of an existing, clearly
defined highway, street, road, primitive roadway, trail or trav-
eled way; or
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MARANA TOWN CODE 12 -12 1212012013
Title 12. Traffic and Highways -0
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
public 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 op-
erating 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 descrip-
tion 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;
C. Mining purposes;
D. Licensed off -road business operations such as land surveying, pub-
lic utility companies, sand and gravel operations and other similar
enterprises;
E. Authorized emergency vehicle including towing services;
F. Governmental purposes by a government employee;
G. Golf carts on golf courses.
12 -4 -5 Exempt locations
The provisions of this chapter shall not apply:
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MARANA TOWN CODE 12 -13
Ordinance 2003.09 amended the introductory
paragraph of section 12 -4 -1 to add "or an off -road
recreational vehicle"
12/20/2013
Title 12. Traffic and Highways
A. To vehicle or off -road recreational vehicle operators On their own
property, except when creating dust emissions as set forth in sec- Ordinance 2003.09 amended paragraph A to add
or section 12 -4 -2 (B) (3)
tion 12- 4 -2A.3 or section 12- 4 -2B.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 Ordinance 2006.31 renumbered and modified sec -
A. Any violation of chapter 12 -4 shall be a civil traffic violation. tion 12 -4 -6
B. Any person found responsible for violating any provision of chap-
ter 12 -4 shall be fined not more than $250 for each violation.
CHAPTER 12 -5. IMPOUNDMENT OF VEHICLES
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 vio-
lating 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 consti-
tutes 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;
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.
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12 -5 -2 Notice of impoundment
A. Whenever an officer removes a vehicle from the street and the of-
ficer 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 gar-
age 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 eld as evidence in a p ending criminal case, the Ordinance 2009.11 amended section 12- 5 -3(A) by
g p g adding reference to the comprehensive fee schedule
police department shall allow the return to the owner of the im- and deleting specific storage fee amounts for im-
pounded vehicle when the owner has furnished evidence of identi- pounded vehicles
ty and ownership and signed a receipt. The owner shall be re-
quired to pay any towing and storage fees which have accrued. If
the vehicle is stored on town property, the owner shall pay an
amount established 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. Pay-
ment of any towing and storage fees shall not release the owner or
driver of the vehicle of any other penalty which may be imposed
for any violation of town ordinances, this code, state or federal
laws.
B. If forfeiture proceedings are initiated and later discontinued, the
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.
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
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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 penalties
provided by this chapter.
CHAPTER 12 -6. BICYCLE HELMETS FOR MINORS
12-6-1 Requirements for helmet use
Ordinance 96.33 adopted chapter 12 -6 and re-
numbered chapter 12 -7 to conform
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 bicy-
cle, or ride in a device towed by a bicycle without wearing a hel-
met which meets the current standards of the American National
Standards Institute for protective headgear.
B. Bicycle renters and sellers: it shall be unlawful for any person to
rent or lease any bicycle to or for the use of a person under the age
of 18 years unless:
1. The person is in possession of a protective helmet meeting the
standards set out in section 12 -6 -1A at the time of the rental or
lease; or
2. The rental or lease includes a protective bicycle helmet meeting
the standards set out in section 12 -6 -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 sec-
tion 12 -6 -1A.
12 -6 -2 Violations — chapter 12 -6; penalty
Ordinance 2006.31 renumbered and modified sec -
A. Any violation of chapter 12 -6 shall be a civil traffic violation.
tion 12 -6 -2
B. Any person found responsible for violating any provision of chap-
ter 12 -6 shall pay a maximum fine of $250.
C. The penalties for a violation of section 12 -6 -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
Ordinance 2008.04 added chapter 12 -7 and replaced
un- codified Ordinance 91.21
12 -7 -1 Definitions
A. The following definitions shall apply throughout this chapter un-
less the context clearly indicates otherwise.
1. "Applicant" means the owner of the firm, utility company or
corporation whose facilities or equipment are the subject of the
right -of -way permit application.
2. "Contractor" means the party doing the work.
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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 desir-
ing to dig any hole, drain, trench or ditch in any public right -of-
way or desiring to construct, remove or change any public im-
provement in any public right -of -way, or desiring to cut, trench,
pothole or excavate any public right -of -way, or desiring to use any
public right -of -way for traffic control, construction haul routes,
landscape maintenance, 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 com-
munications 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
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MARANA TOWN CODE 12 -17
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payment of all applicable permit fees, shall be submitted either by
mail or in person to the town engineer.
B. Before issuance of any permit, each applicant will be required to
do all of the following:
1. Provide evidence of the applicant's right to use the public
right -of -way, typically by obtaining a town right -of -way license
or franchise.
2. Furnish insurance in a form satisfactory to the town, indemni-
fying, defending and holding harmless the town, its officers,
departments, employees and agents from and against any and
all suits, actions, legal or administrative proceedings, claims,
demands or damages of any kind or nature, arising out of the
work under the permit, which are attributed to any act or
omission of the applicant, its agents, employees or anyone act-
ing 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 es-
timate.
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 in
an amount equal to the cost of construction for all required im- Ordinance 2013.011 modified paragraph 6 by
o
provements plus 15% to ensure completion of the proposed adding the phrase addressing the amount
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 available
from the town engineer.
D. Completed applications will be reviewed by the town engineer.
The town engineer shall issue the permit when all of the following
have occurred:
1. The town engineer finds that the proposed construction does
not interfere with the safety of the traveling public or the au-
thorized public use of the right -of -way and does not otherwise
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MARANA TOWN CODE 12 -18 1212012013
Title 12. Traffic and Highways
interfere with the general health, safety and welfare of the citi-
zens of the town.
2. The town engineer finds that the proposed construction does
not interfere with and is not inconsistent with a current or fu-
ture community improvement project (CIP).
3. The town engineer has approved the application, including all
plans and specifications for the proposed construction.
4. All applicable permit fees have been paid by the applicant.
5. The applicant has obtained an air quality permit, if required.
6. The applicant has submitted a traffic control plan that is 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 engi-
neer. A permit shall be applied for, under the same procedures set
forth in section 12 -7 -5, within two business days of commencing emer-
gency 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" provi-
sions of state law, A.R.S. § 40- 360.21 et seq., prior to the com-
mencement of any excavation and shall protect any utilities from
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MARANA TOWN CODE 12 -19
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damage. All town property shall be returned substantially to its
original condition. The applicant shall be held responsible for any
damage to, and for maintenance and protection of, existing utilities
and structures.
D. Unless otherwise stipulated to in the permit, all pavement resur-
facing 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 backf filling 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 backf fill-
ing the trench and an extension has not been granted by the town
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 correc-
tive action and bill the applicant for the full cost incurred for the
corrective action.
H. Completed excavation, backfill, and pavement repair shall be
guaranteed free of defect b the applicant for a period of two ears Ordinance 2013.011 modified paragraph H by
g y pp p y changing the period from one year to two
after closeout of permit or approval by the council, whichever oc-
curs later.
I. The town engineer shall be notified by the applicant before back-
filling and upon completion of the work. If the applicant is not
working under self - certification as provided in 12 -7 -10C and D. the
applicant 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.
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K. The applicant shall adequately barricade its work in accordance
with the latest edition of the federal highway safety administra-
tion'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
specifically allowed due to extenuating circumstances. The appli-
cant shall submit a traffic control plan to the town engineer and ob-
tain approval before closing or barricading any street or public
right -of -way. All traffic control devices shall be delivered and in
place in conformance with the approved traffic control plan prior
to the contractor being allowed to begin the work, or to begin a
new element of work requiring changes to the existing traffic
control configuration.
L. If the applicant performs work not authorized by the permit or
under 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 re-
sponsible for the removal within 15 working days of the notifica-
tion. If the applicant does not remove the unauthorized work, the
town may have the work removed by a competent contractor at the
applicant's expense.
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 two years, whichever period is longer.
E. Pavement repairs shall be a minimum of 50 feet asphalt replace-
ment with a 15 degree skew, centered on the trench, unless the re-
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MARANA TOWN CODE 12 -21
Ordinance 2013.011 added the last sentence to
paragraph K
Ordinance 2013.011 modified paragraph D by
changing the period from one year to two
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Title 12. Traffic and Highways -0
pair cannot be accomplished by this method and the town engineer
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 laboratory
or from any engineering technician certified by either the na-
tional institute for certification in engineering technologies at
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 fol-
lowing 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.
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D. The self - certification process for inspection for utilities shall in-
clude the following procedures and requirements:
1. The applicant shall file a letter with the town engineer indicat-
ing that the utility is authorized by the Arizona corporation
commission to work within the public rights -of -way, is a per-
manent presence in the community, and will react promptly to
a request from the town engineer to correct any deficiencies re-
sulting 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 per-
formed under the permit, proves defective, the applicant shall re-
place the work as specified by the town engineer.
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. Right-of-way permit fees shall be set forth by a fee schedule ap-
proved 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 per-
formed under section 12 -7 -6, shall cost double the normal permit
fee and shall be subject to a late fee as established in the fee sched-
ule.
C. Permits obtained under section 12 -7 -6 are also subject to double
permit fees and the late fee as established in the fee schedule if the
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MARANA TOWN CODE 12 -23
Ordinance 2013.011 modified section 12 -7 -12 by
clarifying the late fee provisions and adding para-
graph D (the substance of which was previously
covered in paragraph B)
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Title 12. Traffic and Highways
permit application is not filed within two business days of com-
mencing emergency work.
D. Paying a double permit fee and /or a late fee does not waive any
other applicable penalties or violation fees for violation of this
chapter.
12 -7 -13 Classification; penalties
A. A violation of this chapter is a civil infraction.
B. Violations shall be enforced pursuant to chapter 5 -7 of this code,
except that upon issuing a finding in favor of the town, the magis-
trate shall impose a civil sanction of not less than $1,500.
C. Any person violating the provisions of this chapter shall be re-
sponsible for a separate offense for each and every day or portion
of a day during which any violation of this chapter is committed or
permitted.
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 me-
dians, 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.
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MARANA TOWN CODE 12 -24
Ordinance 2013.011 modified section 12 -7 -13 by
changing its title and rewriting paragraph B
Ordinance 2008.11 added chapter 12 -8
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Title 12. Traffic and Highways
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
designated 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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MARANA TOWN CODE
12 -25
Ordinance 2008.04 and 2008.11 renumbered this
chapter, and Ordinance 2006.31 added "other" to
the chapter title
Ordinance 2008.04 and 2008.11 renumbered sec-
tion 12 -8 -1, which was renumbered and modified by
Ordinance 2006.31
12/20/2013
Title 13
Parks &Recreation
TITLE 13. PARKS & RECREATION
CHAPTER 13 -1. PARKS AND RECREATION REGULATIONS ........................... ...........................13 -1
CHAPTER 13 -2. FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECKS OF
PARKS AND RECREATION PERSONNEL AND VOLUNTEERS .....................13 -4
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Title 13. Parks & Recreation
TITLE 13. PARKS & RECREATION 2 1
Ordinance 96.0 adopted title 3
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 an-
imal and place it in trash cans. Owners of seeing eye dogs are ex-
empted.
D. Certified police dogs, police dogs in training, certified human as-
sistance 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 97.20 amended section 13 -1 -2 by rewrit-
ing paragraph A and adding the last sentence to
A. No person shall consume spirituous liquor in town parks and rec- paragraph B
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, tequi-
la, mescal, gin, wine, port, ale, beer, any malt liquor, malt bever-
age, absinthe or compound or mixture of any of them, or of any of
them with any vegetable or other substances, alcohol bitters, bitters
containing alcohol, and any liquid intoxication, fruits preserved in
ardent 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 qui-
et of a neighborhood, family or person by loud or unusual noise,
tumultuous or offensive conduct, threatening, traducing, quarrel-
ing, challenging to fight or fighting, applying any violent, abusive
or obscene 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 unsurf aced roadways
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MARANA TOWN CODE 13 -1 1212012013
Title 13. Parks & Recreation
that have been posted, signed or barriered to prohibit vehicle
use or on lawns or landscaping.
2. Operate a motor vehicle except on roads and parking areas
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 recre-
ation 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, barriers
or structures, to distribute advertising materials or to sell any
goods or services without first obtaining a written permit from
the town.
5. Litter, deposit or abandon in or on any town park, parkway or
recreational facility any garbage, sewage, refuse, trash, waste
or other obnoxious materials except in receptacles or containers
provided for those purposes. These receptacles are not to be
used for residential trash disposal.
6. Enter upon or use for any purpose the land, water or facilities
within the boundaries of town parks and recreation areas when
a fee, rental, admission or other consideration has been estab-
lished for that use, unless the person entering or using the land,
water or facility has paid the fee, rental, admission or other
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 occupan-
cy.
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.
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MARANA TOWN CODE
13 -2
Ordinance 2007.15 modified paragraph 8
12/20/2013
Title 13. Parks & Recreation
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 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 97.20 added paragraphs 14 and 15
prohibit these activities.
15. Possess glass containers.
16. Discharge a firearm.
a. This subparagraph 16 does not apply to a person who dis-
Paragraph 16 was originally added as paragraph
charges a firearm under the following circumstances:
17 by Ordinance 2007.15. Ordinance 2010.09
i. As allowed pursuant to A.R.S. title 13, chapter 4;
renumbered it to paragraph 16, amended subpara-
graph a.iii to remove reference to the chief of police
11. On a properly supervised range as defined in A.R.S.
to conform to Laws 2010 Chapter 19, and amend -
ed subparagraph b to insert a definition of "fire-
§ 13 -3107;
arm." A former paragraph 16 prohibiting posses-
111. In an area approved as a hunting area by the Arizona
sion of a firearm was added by Ordinance 2007.15
and repealed by Ordinance 2010.09 to conform to
game and fish department; provided, however, that any
Laws 2010 Chapter 19.
such area may be closed when deemed unsafe by 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, chapter
7, article 6 and title 6 of this code; or
vii. In self-defense or defense of another person against an
animal attack if a reasonable person would believe that
deadly physical force against the animal is immediately
necessary and reasonable under the circumstances to
protect oneself or the other person.
b. For the purposes of this subparagraph 16, "firearm" means
any loaded or unloaded handgun, pistol, revolver, rifle,
shotgun or other weapon that will expel, is designed to ex-
pel 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.
17. Smoke within 25 feet of any athletic field, athletic facility or
children's play area. For purposes of this subparagraph 17, to
Paragraph 17 was added as paragraph 18 by Ordi-
nance 2009.15 and renumbered by Ordinance
"smoke" means to inhale, exhale, burn, carry or possess any
2010.09
lighted tobacco product, including cigars, cigarettes, pipe to-
bacco and any other lighted tobacco product.
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MARANA TOWN CODE 13 -3 1212012013
Title 13. Parks & Recreation
B. Hours of park established. The parks and recreation areas, unless Ordinance 97.20 added paragraph B
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
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.16 is guilty
of a class 2 misdemeanor, p Y punishable b a maximum fine of $750, a Ordinance 2007.15 added paragraph B
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.
CHAPTER 13 -2. FINGERPRINTING AND CRIMINAL HISTORY Ordinance 2010.10 added Chapter 13 -2
RECORDS CHECKS OF PARKS AND p
RECREATION PERSONNEL AND
VOLUNTEERS
13 -2 -1 Authority to receive criminal history record information
Pursuant to A.R.S. § 41 -1750, the town is hereby authorized to receive
criminal history record information for the purpose of evaluating the
fitness of current and prospective parks and recreation department
employees, contract employees and volunteers who work directly with
children under the age of 18 or vulnerable adults.
13 -2 -2 Definition
For purposes of this chapter, "vulnerable adult" means an individual
who is 18 years of age or older and who is unable to protect himself
from abuse, neglect or exploitation by others because of a mental or
physical impairment.
13 -2 -3 Fingerprinting of current and prospective parks and
recreation personnel and volunteers; criminal history record
information
A. Each town of Marana parks and recreation department employee,
contract employee or volunteer who works directly with children
under the age of 18 or vulnerable adults and who has not fur-
nished a full set of fingerprints to the town within 12 months of the
effective date of this chapter, shall, as a condition of continued em-
ployment, within 60 days of the effective date of this chapter and
annually thereafter, furnish a full set of fingerprints on a standard
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MARANA TOWN CODE 13 -4 1212012013
Title 13. Parks & Recreation
fingerprint card to the town. Any current employee, contract em-
ployee or volunteer who has furnished a full set of fingerprints to
the town within 12 months of the effective date of this chapter,
shall not be required to furnish another set of fingerprints until 12
months has passed since the furnishing of the fingerprints.
B. Each prospective town of Marana parks and recreation department
employee, contract employee or volunteer who will work directly
with children under the age of 18 or vulnerable adults shall, as a
condition of hire and annually thereafter, furnish a full set of fin-
gerprints on a standard fingerprint card to the town.
C. Pursuant to A.R.S. § 41 -1750 and Public Law 92 -544, the town shall
submit all fingerprints obtained pursuant to this chapter to the Ar-
izona department of public safety for the purpose of obtaining
state and federal criminal history record information. The Arizona
department of public safety is authorized to exchange this finger-
print data with the federal bureau of investigation.
13 -2 -4 Use of criminal history record information
Criminal history record information obtained by the town pursuant to
this chapter shall be used only for the purpose of evaluating the fitness
of current and prospective employees, contract employees and volun-
teers who work directly with children under the age of 18 or vulnera-
ble adults. The town shall comply with all relevant state and federal
rules and regulations regarding the dissemination of criminal history
record information.
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MARANA TOWN CODE 13 -5
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Title 14
Utilities
TITLE 14. UTILITIES
CHAPTER 14 -1.
CHAPTER 14 -2.
CHAPTER 14 -3.
CHAPTER 14 -4.
CHAPTER 14 -5.
CHAPTER 14 -6.
CHAPTER 14 -7.
CHAPTER 14 -8.
CHAPTER 14 -9.
GENERAL PROVISIONS ............................................................... ...........................14 -1
RESPONSIBILITIES ......................................................................... ...........................14 -2
UTILITY SERVICE ........................................................................... ...........................14 -3
CONSTRUCTION AND FINANCING OF UTILITY FACILITIES ......................14 -5
PROVISION OF UTILITY SERVICE ............................................. ...........................14 -7
RATES AND CHARGES ................................................................ ..........................14 -11
EMERGENCY WATER CONSERVATION RESPONSE ........... ..........................14 -14
BACKFLOW PREVENTION AND CROSS - CONNECTION CONTROL ......... 14 -17
VIOLATIONS .................................................................................. ..........................14 -24
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TITLE 14. UTILITIES
Ordinance 2011.24 adopted title 14. For prior histo-
ry, see Ordinance 96.06, 96.35, 98.19, 2005.17,
CHAPTER 14 -1. GENERAL PROVISIONS 2005.22 2007.31 2009.03 2009.11, and 2009.13
14 -1 -1 Intent and purpose
A. The intent and purpose of this title is to promote the health, safety,
order and general welfare of the present and future utility cus-
tomers of the town, and specifically to:
1. Provide safe and reliable service to utility customers of the
town;
2. Provide for the financial integrity of the town utilities;
3. Manage the water resources of the town to protect the utility
customers of the town and to facilitate the economic develop-
ment of the town;
4. Develop water resources for the benefit of current and future
residents and utility customers of the town;
5. Provide for the expansion and improvement of the town's wa-
ter and wastewater utilities; and
6. Provide adequate water and wastewater system capacity in a
fiscally responsible manner.
14 -1 -2 Definitions
A. In this title, unless the context otherwise requires:
1. "Applicant" means a person requesting the town to provide
utility service.
2. "Application" means a request to the town for utility service.
3. "Commodity charge" means the unit cost of billed usage as set
forth in the adopted utility rates and charges.
4. "Contributions in aid of construction' means funds provided
to the town by the applicant under the terms of a utilities ex-
tension agreement or service connection agreement.
5. "Customer" means the person or entity in whose name service
is rendered, as evidenced by the name on the application, the
contract for service, or utility bills, regardless of the identity of
the actual user of the utility service. Customer includes the cus-
tomer's agent or contractor.
6. "Meter" means the instrument for measuring and indicating or
recording the volume of water that has passed through it.
7. "Non- potable water" means water not suitable for human con-
sumption.
8. "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.
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Title 14. Utilities e
9. "Potable water" means water suitable for human consumption.
10. "Premises" means all of the real property and apparatus em-
ployed by a single enterprise on an integral parcel of land un-
divided by public streets, alleys or other rights -of -way or
easements.
11. "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.
12. "Wastewater facilities" means infrastructure used for the col-
lection or treatment of wastewater.
13. "Water facilities" means infrastructure used for the extraction,
storage, or delivery of potable water or non - potable water but
not for the delivery of wastewater or stormwater.
CHAPTER 14 -2. RESPONSIBILITIES
14 -2 -1 Responsibilities of the council
A. Adoption of comprehensive master plans The council may adopt
comprehensive utility system master plans. Upon adoption of the
plans, the council shall assure that no extension, improvement or
addition to a town utility shall be constructed or authorized un-
less and until the extension, improvement or addition conforms to
the corresponding comprehensive utility system master plan.
B. Utility construction standards The council may adopt and amend
engineering design and construction standards for improvements
to, extensions of, additions to, and modifications of the town's
utilities.
C. Utilities to be operated as enterprise funds A separate fund is es-
tablished for the town's water utility and for the town's
wastewater utility. All funds paid to the town pursuant to provi-
sions of this title for, but not limited to, service charges, fees, con-
struction of facilities, fines and penalties shall be deposited into
the corresponding utility fund, and all expenditures made by the
town in relation to the town's ownership, operation, maintenance,
repair, expansion, acquisition, management, salaries, professional
fees, debt service, bond payments and other costs and charges
shall be paid from the corresponding utility fund. The town coun-
cil may make loans from the general fund to the town utility
funds from time to time to supplement revenues generated by the
town utilities to assure the timely payment of all obligations, pro-
vided that the loans are timely repaid from the corresponding util-
ity fund to the general fund. The town utilities shall be self-
supporting and funded solely from revenues generated from utili-
ty operations. All fees and charges levied by the town in relation
to its utilities shall be, to the degree practical, based on the cost of
providing the service for which a fee or charge is levied.
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14 -2 -2 Utilities director
The town utilities director shall be responsible for the day to day man-
agement of the town utilities including, but not limited to:
A. Provision of safe and reliable service to town utility customers.
B. Compliance with federal, state, and local ordinances and regula-
tions.
C. Preparation of utility system master plans.
D. Sufficiency of the town's water supply.
E. Adequacy of the town's wastewater utility capacity.
F. Inspection and repair of the utility systems.
G. Review of all engineering plans and contracts.
H. Collection of all funds due the town's utilities.
I. Development of utilities elements of the town's capital improve-
ment plan
J. Preparation and administration of annual budgets.
K. Enforcement of this title.
CHAPTER 14 -3. UTILITY SERVICE
14 -3 -1 Application for service
Water and /or wastewater utility service may only be provided pursu-
ant to application to the town. Before providing service, the town shall
collect all installation and other charges required by this title and all
customer information deemed appropriate by the utilities department.
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 service. A separate deposit may be required for each
service connection.
B. Deposit; refund Deposits shall be refunded when the customer
moves or requests a discontinuance of service, as long as all bills
are paid in full. No interest shall be paid to customers on deposits.
Deposit refunds shall be made to the individual whose name is on
the account at the time of the refund.
C. Use of deposit for payment of bill Upon discontinuation of ser-
vice, the deposit will be applied by the town toward settlement of
the account.
D. Homeowner customers The deposit may be waived for the pri-
mary residence of a new homeowner customer with favorable
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Title 14. Utilities e
credit references from three utility companies who serve or previ-
ously served the customer. Upon customer request, the deposit
will be credited to the account after one year of no delinquency.
14 -3 -3 Grounds for refusal of service
A. The town may refuse to establish utility service if any of the fol-
lowing conditions exist:
1. The applicant has an outstanding amount due for utility ser-
vice with the town, and the applicant does not bring current
any outstanding 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 utility de-
posit.
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 utility
service.
5. Applicant provides false information for the purpose of obtain-
ing service.
14 -3 -4 Service lines, valves and water meters
A. An applicant for utility service shall be responsible for the cost of
installing all customer piping up to the water meter and /or dis-
charge point for the sewer connection.
B. 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.
C. The town will install its water meter at the property line or in the
public right -of -way.
D. Where the meter or service line location 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.
E. The customer's lines or piping must be installed in a way that
prevents cross - connection or backf low.
14 -3 -5 Easements and rights of -way
A. Each town utility customer shall grant adequate easements or
rights -of -way satisfactory to the town to ensure that customer ser-
vice connections are accessible by the town.
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Title 14. Utilities e
B. The customer's failure to grant adequate easements or rights -of-
way shall be grounds for the town to refuse utility service.
C. When the town discovers that a customer is performing work or
has constructed 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, stat-
utes, rules or regulations, or may significantly interfere with the
town's access to its utility facilities or equipment, the town shall
notify the customer 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
UTILITY FACILITIES
14 -4 -1 Agreements to construct new facilities
A. Approval of agreements to construct new facilities The council
may permit the construction of facilities to provide utility service
in areas where no water or sewer service is available, or where ex-
isting water or sewer facilities are inadequate.
1. Agreements for construction of utility facilities shall provide
that all costs be at the sole expense of the applicant for service,
except as otherwise noted in the agreement.
2. Costs shall include, but not be limited to, engineering and de-
sign fees, materials, labor, applicable taxes, permits and inspec-
tion fees.
3. Facilities shall include, but are not limited to, the following
within an applicant's proposed development as well as outside
the development if the facilities are deemed necessary or desir-
able in the sole opinion of the town to serve the new develop-
ment:
a. Wells, pumps, storage tanks and reservoirs, mains, valves,
meters and other appurtenances to the water system
b. Customer connections, collection system, lift stations,
treatment facilities, and other appurtenances to the sewer
system.
4. All agreements for the construction of utility facilities shall be
subject to the final approval of the council.
5. No agreement for the construction of utility facilities shall be
submitted for approval by the council unless the engineering
plans have been approved by the town engineer and the utili-
ties director.
14 -4 -2 Construction other than by town
A. Construction The council, at its sole discretion and option, may
permit construction of water and/or sewer facilities by private
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Title 14. Utilities e
contract. The facilities shall be constructed at the sole expense and
cost of the applicant within public streets, alleys, rights -of -way
and/or easements.
B. Approval of construction plans and inspections Plans for con-
struction of facilities to be constructed other than by the town
shall be provided by applicant, certified by a registered profes-
sional engineer and approved by the town engineer and the town
utilities director. The construction of facilities authorized and ap-
proved by the council shall be inspected by the town engineer and
shall 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 facilities authorized by this section, the appli-
cant shall execute and deliver to the town utilities director the
agreement for construction of utility facilities by private contract.
If the agreement conforms to the provisions of this title, the town
utilities director may submit the agreement for approval to the
council.
14 -4 -3 Capacity requirements
A. Water or wastewater system capacity requirements The town util-
ities director may require an applicant to install "on- site" or
"off- site" water and /or wastewater facilities of a size greater than
is required to provide service to applicant's development. This re-
quirement to install oversized facilities is referred to as oversizing.
B. Refunds Refunds of the cost of oversizing shall be solely by
agreement approved by the council. If infrastructure is installed
pursuant to this section so as to provide service to a property not
participating in the construction cost (a "non- participating proper-
ty"), the town may enter into an agreement for partial refund of
the cost of the infrastructure, subject to the following:
1. In no case will the agreed refunded amount exceed the total
funds to be collected as oversizing charges pursuant to this sec-
tion.
2. Refunds shall continue for a term set forth in the agreement,
and any balances remaining unpaid upon termination shall be
canceled, and the town shall be fully discharged from any fur-
ther obligation under the agreement.
3. No interest shall accrue on any costs advanced by an applicant
which are agreed to be refunded by the town.
C. Oversizing recovery charge The council may, at its sole option,
establish an "oversizing recovery charge" to be charged propor-
tionately to each subsequent connection by non - participating
property owners made to or benefiting from the oversizing.
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CHAPTER 14 -5. PROVISION OF UTILITY SERVICE
14 -5 -1 Customer responsibility
A. Each town utility customer shall be responsible for the following:
1. Maintaining all facilities on the customer's side of the point of
connection in a safe and efficient manner and in accordance
with all applicable federal, state, and local rules and regula-
tions. The point of connection is the meter for water service and
is where the house sewer connects to the sewer collection sys-
tem for sewer service.
2. Safeguarding all town utility property installed in or on the
customer's premises for the purpose of providing utility ser-
vice to that customer.
3. Exercising all reasonable care to prevent loss or damage to
town utility property, excluding ordinary wear and tear. The
customer shall be responsible for loss of or damage to town
utility property on the customer's premises arising from ne-
glect, 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
meter.
5. Notifying the town of any town utility equipment failure.
6. Paying all utility rates, charges and fees when due.
B. Special provisions relating to water service.
1. Water furnished by the town shall be used only on the custom-
er's premises and shall not be resold to any other person.
2. During critical water conditions, as determined by the council,
the customer shall use water only for those purposes specified
by the council.
3. Disregard for this provision shall be sufficient cause for refusal
or discontinuance of water utility service by the town.
C. Special provisions relating to sewer service.
1. Sewer service provided by the town shall be only for the bene-
fit of the customer's premises and shall not be extended to any
other property.
2. Nothing shall be discharged into the sewer collection system
which is prohibited by law, may lead to a sanitary sewerage
overflow, or adversely affects the operation or maintenance of
the collection system. This prohibition includes but is not lim-
ited to oil, grease, and flammable material.
3. Disregard for this provision shall be sufficient cause for refusal
or discontinuance of sewer service by the town.
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D. 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 related to the town's provision of
utility service to the premises.
14 -5 -2 Payment of bills
Utility rates, charges or fees are due and payable to the town upon bill-
ing. Any rates, charges or fees not paid in full by the next billing date
are subject to a late charge, in addition to the balance due, in an
amount established by a fee schedule adopted by the council and
amended from time to time.
14 -5 -3 Grounds for termination of service
A. Utility 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 utility depart-
ment's credit and deposit requirements;
3. Failure of the customer to provide the town reasonable access
to its utility equipment and property;
4. Failure of a customer to pay a delinquent bill for utility service.
14 -5 -4 Nonpayment of delinquent bill; filing of lien; interest
A. If any bill for a utility rate, charge or fee made to the customer
pursuant to this title is not paid by the next billing date, the cus-
tomer shall be given written notice specifying that the bill is de-
linquent and outlining the procedure by which the customer may
challenge the accuracy of the bill. If a delinquent bill is not paid
and no challenge has been made to the accuracy of the bill after
the notice of 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 delin-
quency as provided in chapter 14 -6.
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. Un-
paid fees shall accrue interest at the rate provided by A.R.S.
§ 44 -1201.
14 -5 -5 Reconnection of service
In no case shall any individual or plumber turn on the water supply to
any building or any supply pipe where the supply has been turned off
for the nonpayment of the monthly water bill or for the violation of
any provision of this title. All water that has been turned off by the
town water utility shall only be turned on again by the employees or
agents of the town water utility.
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14 -5 -6 Challenge of accuracy of utility bill
A. The procedure by which a customer may challenge the accuracy
of a utility bill and the determination of the validity of the chal-
lenge shall be as follows:
1. The customer shall notify the town, in writing, of the challenge
of the accuracy of the 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 delinquency.
2. The customer may request that the water meter be re -read or
tested, provided the customer pays the meter re -read charge or
the meter test charge in advance in the amount established by a
fee established by the schedule adopted by the council and
amended from time to time. A request for meter re -read or me-
ter test, paid for by the customer, shall constitute a challenge to
the accuracy of the bill.
3. The town shall send the customer a corrected bill and refund
the cost of the meter re -read or meter test if the bill is found to
be in error either because the meter was misread or because a
meter test shows that the meter over - calculated the volume by
more than 3%. Customer shall have 20 days to pay the correct-
ed bill.
4. The utilities director is authorized to negotiate a mediation
process mutually acceptable to the utilities director and the
customer. The customer shall deposit the full estimated cost of
the mediation process with the utilities department. The medi-
ation shall make a final determination of the validity of the cus-
tomer's challenge and whether the town should be required to
pay all or a portion of the cost of the mediation process.
5. The customer's utility service shall not be terminated during
the mediation process.
14 -5 -7 Deposit requirement after termination
If utility service is terminated due to nonpayment of a delinquent bill,
the town shall require payment in full of all amounts due and owing
and payment of a utility deposit as a condition of reestablishing ser-
vice.
14 -5 -8 Termination without notice
A. Utility service may be terminated by the town without advance
written notice under the following conditions:
1. Existence of an obvious hazard to the safety or health of the
customer or the general population;
2. Evidence of water meter tampering or fraud;
3. Evidence of unauthorized resale of water or utility services;
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4. A customer's failure to comply with the curtailment proce-
dures imposed by the council during water supply shortages.
14 -5 -9 Service obligations of town
A. Level of service The town shall make reasonable efforts to pro-
vide quality, continuous service to its customers.
B. Non - liability The town shall not be responsible for any damage
attributable to any interruption or discontinuation of service re-
sulting from any of the following:
1. Any cause against which the town could not have reasonably
foreseen or made provision for, such as but not limited to any
condition or event not reasonably within the control of the
town, including without limitation, acts of public enemies, in-
surrection, civil disturbances, riots, epidemics, landslides,
lightning, earthquakes, subsidence, fires, storms, droughts, and
floods.
2. Intentional service interruptions to make repairs or perform
routine maintenance.
3. Curtailment procedures imposed by the council during water
supply shortages.
C. Service interruptions The town shall make reasonable efforts to
reestablish service within the shortest possible time when service
interruptions occur.
1. If there is a national emergency or local disaster resulting in
disruption of normal service, the town may, in the public inter-
est, interrupt service to provide necessary service to civil de-
fense, fire protection or other emergency service agencies on a
temporary basis until normal service can be restored.
2. 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 24 hours in
advance of the scheduled day and the estimated duration of
the service interruption.
3. Notice to customers shall not be required if there is an emer-
gency or an outage due to unanticipated events or causes.
D. Minimum water delivery pressure The town shall maintain a
minimum standard water delivery pressure of 20 pounds per
square inch at the customer's meter or point of delivery, except
during water outages.
E. Construction standards The town shall construct all facilities in
accordance with all applicable federal, state and local laws and
regulations.
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14 -5 -10 Meter reading; measurement of service
A. Each customer's water meter shall be read monthly on as close to
the same day as practical.
B. All utility service provided by the utilities department shall be
billed:
1. On the basis of metered water volume, or
2. Based on historic usage when a meter has malfunctioned or
cannot be read for reasons beyond the town's control. Each bill
based on estimated usage will indicate that it is an estimated
bill.
14 -5 -11 Billing and collection
A. Minimum bill information Each bill for utility service will contain
the following minimum information:
1. Bill date.
2. Date and meter reading at the start of the billing period.
3. Previous month's meter reading.
4. Water volume used during the billing period.
5. Utility department's email address and telephone number.
6. Customer's name and address.
7. Service account number and service address.
8. Amount due and due date.
9. Past due amount.
10. Other applicable charges and taxes.
CHAPTER 14 -6. RATES AND CHARGES
14 -6 -1 Monthly charges
A. Customers shall be charged for utility services monthly, at rates
designed to recover the cost to secure, develop and deliver utility
services, and all capital, operational and maintenance costs associ-
ated with or attributable to providing utility services, plus appli-
cable state and local taxes.
B. Service fees shall be established by a fee schedule adopted by the
council and amended from time to time.
14 -6 -2 Installation charges
A. There shall be an installation charge for all utility service connec-
tions, established by a fee schedule adopted by the council and
amended from time to time.
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B. All applicable permit fees, right -of -way costs or unusual construc-
tion costs shall be paid for by the applicant at the time of applica-
tion.
C. 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.
D. In addition to the adopted installation fee, the applicant shall pay
all actual costs of installation incurred due to unusual site condi-
tions, such as pavement cutting, excessive length, rocky ground,
or any other additional cost inflating factors.
E. Installation of meters larger than two inches typically require ad-
ditional labor and equipment not covered by the base fee. These
extra actual costs shall be charged to the customer.
F. Meters larger than two inches may be installed by the customer's
contractor if the work meets town standards and the contractor
furnishes proof of its contractor's license and town business li-
cense. All final inspections and approvals shall be made by Mara -
na utility personnel.
14 -6 -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. After-hours new service establishment fee An after-hours new
service establishment fee shall be charged for the cost of establish-
ing the new customer service account after hours, on weekends or
on holidays. The amount of the fee shall be the actual labor and
material costs incurred by the utilities department to connect the
new service.
B. After -hours reconnect fee An after -hours reconnect fee shall be
charged for the cost of reconnecting service after hours, on week-
ends or on holidays.
C. Backf low permit fee A backf low permit fee is charged to incorpo-
rate information concerning a new backf low device into the utility
department's database, to track annual device testing.
D. Backflow permit replacement fee A backflow permit replacement
fee is charged when a device fails and must be replaced rather
than repaired.
E. Customer - requested meter re -read fee A customer requested me-
ter re -read fee shall be charged each time a customer requests that
its meter be re -read. This fee shall be refunded if the meter is
found not to be reading accurately, defined as an error of greater
than 3 %.
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F. Customer - requested meter test fee A customer - requested meter
test fee shall be charged each time a customer requests that its me-
ter be tested. This fee shall be refunded to the customer if the me-
ter is found not to be reading accurately, defined as an error of
greater than 3 %.
G. Delinquency If there is a delinquent balance due, the delinquent
balance must be paid in full before service is reconnected.
H. Hydrant meter relocation fee The hydrant meter relocation fee is
a
charged each time a hydrant meter is relocated.
I. Hydrant meter setup fee The hydrant meter setup fee is the fee
a
assessed on all hydrant meter installations. This fee is in addition
to the security deposit.
J. Late payment fee A late payment fee shall be added to a custom-
er's water bill if any water rates, charges or fees are not paid in
full by the next billing date.
K. New service establishment fee The new service establishment fee
is for the cost of establishing the new customer service account
during normal working hours, 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 utili-
ties department.
L. Reconnect fee The reconnect fee shall be for the cost of reestab-
lishing service after it has been terminated for any reason and re-
quires 24 hours notice.
M. Returned check fee A returned check fee shall be added to a cus-
tomer's bill if the check for payment is returned unpaid due to in-
sufficient funds, closed account or stop payment. An additional
fee calculated at 25% of the total outstanding balance shall be
added to any bill sent to outside collections for payment.
N. Standpipe card replacement fee The standpipe card replacement
fee is the fee to replace a standpipe card.
O. Standpipe setup fee The standpipe setup fee is a new service fee
for a standpipe account.
P. Vacation service fee A vacation service fee shall be the fee
charged for one disconnect when the customer leaves on vacation
and one reconnect when the customer returns.
Q. Water modeling lee A water modeling fee is charged to cover the
town's cost to update the water distribution and operation model
to account for a development's potable water and fire flow de-
mands.
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CHAPTER 14 -7. EMERGENCY WATER CONSERVATION
RESPONSE
14 -7 -1 Declaration of policy
It is hereby declared that because of varying conditions related to wa-
ter resource supply and distribution system capabilities operated by
the town, it is necessary to establish and enforce methods and proce-
dures to ensure that in time of emergency shortage of the local water
supply, (1) the water resources available to the customers of the water
system are put to the maximum beneficial use, (2) the unreasonable
use, or unreasonable method of use is prevented, and (3) the conserva-
tion 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 -7 -2 Definitions
A. In this chapter, unless the context otherwise requires:
1. "Economic hardship" means a threat to an individual's or
business' primary source of income.
2. "Notification to the public" means notification through local
media, including interviews, and issuance of news releases.
3. "Outdoor watering day" means a specific day, as described in a
specific outdoor watering plan, during which irrigation with
sprinkler systems or otherwise may take place.
14 -7 -3 Application
A. This chapter applies to all municipal and industrial water utility
customers who own, occupy, or control water used on any prem-
ises as defined in this chapter. This chapter shall not apply to any
agricultural 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, govern-
mental or any other purpose in any manner contrary to any provi-
sion in this chapter.
C. Mandatory emergency conservation measures shall be imple-
mented based upon the declaration of an emergency pursuant to
section 14 -7 -4.
14 -7 -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.
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14 -7 -5 Implementation; termination
A. The town manager shall develop guidelines which set forth gen-
eral criteria to assist the council, or in the absence of a quorum the
mayor or the vice mayor, in determining when to declare a water
emergency. Upon declaration of a water emergency, the town
manager shall report in writing to the council providing the rea-
sons for and expected duration of the emergency and describing
implementation of emergency water conservation measures.
B. A water emergency may be declared for a specific water utility
system, such as, but not limited to, the town water utility system,
the city of Tucson water utility system located within the town, or
any other public or private water utility system located within the
town, which is unable to provide adequate quantities, qualities or
pressure of water delivery in compliance with Arizona depart-
ment of environmental quality standards or regulations, or fire
flow requirements, and which constitutes a danger to the public
health, safety and welfare of the residents of that water utility sys-
tem.
C. The declaration of a water emergency shall be specific to the water
utility system which is unable to provide adequate quantities,
qualities or pressure of water delivery in compliance with Arizona
department 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. The water emergency shall be declared terminated when the con-
dition or conditions giving rise to the water emergency end. The
declaration terminating the emergency shall be adopted by the
agency with jurisdiction over the emergency, or if none, upon ma-
jority vote of the council, or in the absence of a quorum, the mayor
or the vice mayor. Upon termination, the mandatory conservation
measures shall no longer be in effect.
14 -7 -6 Mandatory emergency water conservation measures
A. Upon declaration of a water emergency and notification to the
public, the mandatory restrictions upon nonessential users set
forth in the adopted drought preparedness plan and /or the fol-
lowing restrictions shall be enforced as to the customers of the wa-
ter utility system for which the water emergency was declared.
1. All outdoor irrigation is prohibited, except for irrigation water
provided by an irrigation district for agricultural use. If the
town manager deems it appropriate, a schedule designating
certain outdoor watering days may be implemented in place of
the irrigation ban.
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The Marana Drought Preparedness Plan adopted by
Marana Resolution 2007 -177 can be found here
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2. Washing of sidewalks, driveways, parking areas, tennis courts,
patios, or other paved areas with water, except to alleviate im-
mediate health or safety hazards, is prohibited.
3. The outdoor use of any water -based play apparatus is prohibit-
ed.
4. The operation of outdoor misting systems used to cool public
areas is prohibited.
5. The filling of swimming pools, fountains, spas, or other related
exterior water features is prohibited.
6. 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 -7 -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 -7 -8 Violation
A. If there is any violation of this chapter, the water utility for which
the emergency was declared shall:
1. Place a written notice of violation on the property where the
violation occurred; and
2. Mail a duplicate notice to:
a. The person who is regularly billed for the service where the
violation occurred; and
b. Any person responsible for the violation, if known to the
town or the water utility.
B. The notice of violation shall:
1. Order that the violation be corrected, ceased, or abated within a
specified time the town or water utility determines is reasona-
ble under the circumstances, and
2. Contain a description of the fees and penalties associated with
the violation.
C. The town or the water utility may disconnect the service where
the violation occurred for failure to comply with the order set
forth in the notice of violation.
D. Nothing in this section shall conflict with the rules and regulation
and approved tariffs of the Arizona corporation commission as
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they may apply to public service corporations furnishing water
service within the town.
14 -7 -9 Enforcement
The provisions of this chapter shall be enforced by employees of the
water utility that serves the property where the violation occurred.
CHAPTER 14 -8. BACKFLOW PREVENTION AND CROSS-
CONNECTION CONTROL
14 -8 -1 Purposes
A. To protect the public potable water supply from the possibility of
contamination or pollution.
B. To promote the elimination and control of actual or potential cus-
tomer cross - connections.
C. To provide for a continuing program of cross - connection control.
14 -8 -2 Backflow prevention required
A. An approved backflow prevention method or device shall be uti-
lized or installed at every water system service connection and us-
age point when required by applicable state and federal regula-
tions.
B. The town shall determine the backflow prevention method based
on the degree of hazard.
14 -8 -3 Definitions
A. Contamination An impairment of the quality of the water which
creates an actual hazard to the public health through poisoning or
through the spread of disease by sewage, industrial fluids, waste,
etc.
B. Cross - connection Any unprotected actual or potential connection
or structural arrangement between a public or a consumer's pota-
ble water system and any other source or system through which it
is possible to introduce into any part of the potable system any
used water, industrial fluid, gas, or substance other than the in-
tended potable water with which the system is supplied. Bypass
arrangements, jumper connections, removable sections, swivel or
change -over devices and other temporary or permanent devices
through which or because of which backflow can occur are con-
sidered to be cross - connections.
1. Direct cross - connection A cross - connection which is subject to
both backsiphonage and backpressure.
2. Indirect cross - connection A cross - connection which is subject
to backsiphonage only.
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C. Degree of hazard: Either a pollutional (non - health) or contamina-
tion (health) hazard, derived from the evaluation of conditions
within a system.
D. Hazard: An actual or potential threat which could damage public
water utility infrastructure or negatively affect potable water qual-
ity.
1. Plumbing hazard: An internal or plumbing type cross -
connection in a consumer's potable water system that may be
either a pollutional or a contamination type hazard. Plumbing
type cross - connections can be located in many types of struc-
tures including homes, apartment houses, hotels and commer-
cial or industrial establishments. Such a connection, if permit-
ted to exist, must be properly protected by an appropriate type
of backf low prevention assembly.
2. System hazard: An actual or potential threat of severe danger
a
to the physical properties of the public or the consumer's pota-
ble water system or of a pollution or contamination which
would have a protracted effect on the quality of the potable
water in the system.
E. Pollution: An impairment of the quality of the water to a degree
which does not create a hazard to the public health but which
does adversely and unreasonably affect the esthetic qualities of
such waters for domestic use.
14 -8 -4 Backflow prevention methods or devices
A. A backflow prevention method or device is any assembly or other
means that prevents backf low. The following are recognized back -
flow prevention methods the town may require under section 14-
8-2 or 14 -8 -5.
1. Air a : A physical separation between the free flowing dis-
charge end of a potable water supply pipeline and an open or
non - pressure receiving vessel. An approved air gap shall be at
least double the diameter of the supply pipe measured vertical-
ly above the overflow rim of the vessel, and in no case less than
one inch.
2. Reduced pressure principle assembly (""RPA"): An assembly
containing two independently acting approved check valves
together with a hydraulically operating, mechanically inde-
pendent pressure differential relief valve located between the
check valves and at the same time below the first check valve.
The unit shall include properly located resilient seated test
cocks and tightly closing resilient seated shut off valves at each
end of the assembly.
3. Double check valve assembly( "DCVA "): An assembly com-
posed of two independently acting, approved check valves, in-
cluding tightly closing resilient seated shutoff valves attached
at each end of the assembly and fitted with properly located re-
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silient seated test cocks. This assembly shall only be used to
protect against anon- health hazard (i.e., pollutant).
4. Double check - detector assembly (""DCDA") A specially de-
signed 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. The me-
ter shall register accurately for only very low rates of flow up
to three gallons per minute and shall show a registration for all
rates of flow. This assembly shall only be used to protect
against a non - health hazard (i.e., pollutant). The DCDA is pri-
marily used on fire sprinkler systems.
5. Pressure vacuum breaker assembly ( "PVB ") : An assembly con-
taining an independently operating internally loaded check
valve and an independently operating loaded air inlet valve lo-
cated on the discharge side of the check valve. The assembly
shall be equipped with properly located resilient seated test
cocks and tightly closing resilient seated shutoff valves at-
tached at each end of the assembly. This assembly is designed
to protect against a non - health hazard (i.e., pollutant) or a
health hazard (i.e.,, contaminant) under a backsiphonage condi-
tion only.
B. The utilities director may approve a backflow prevention method
not listed above if it has received the approval of the foundation
for cross - connection control and hydraulic research of the Univer-
sity of Southern California.
14 -8 -5 Backflow prevention methods required
A. The activities listed below require an RPA at each service connec-
tion to the potable water system:
1. Cooling tower, boiler, condenser, chiller, or other cooling sys-
tem
2. Tank, water vessel, water receptacle, and any other water con-
nection without an approved air gap, including a mobile unit
(except emergency vehicles and private swimming pools)
3. Commercial ice maker
4. Water cooled equipment, booster, pump or autoclave
5. Commercial or industrial water treatment facility or water pro-
cessing equipment
6. Commercial or industrial washer for bottles, bedpans, garbage
cans, and the like
7. Commercial or industrial pesticide, herbicide, fertilizer, or
chemical applicator
8. Aspirator
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9. Commercial dishwasher, food processing or preparation
equipment, carbonation equipment, or other food service pro-
cess
10. Decorative fountain, baptismal, or similar feature where water
is exposed to the air (except at a private residence)
11. X ray equipment, plating equipment, or photographic pro-
cessing equipment
12. Auxiliary water supply or connection to a water supply system
other than the town potable water system
13. Recreational vehicle sewer dump station or any other location
where potable water may be exposed to bacteria, viruses, or
gas
14. Any premises where chemicals, oils, solvents, pesticides, disin-
fectants, cleaning agents, acids or other pollutants and/or con-
taminants may come in direct contact with potable water (other
than normal, infrequent residential applications)
15. Any material or piping system not approved by the uniform
plumbing code or the environmental protection agency for po-
table water usage
16. Any premises with a cross - connection that requires internal
backflow protection under the uniform plumbing code
17. Any on -site water system served by more than one meter
18. Any structure having any portion of the water distribution sys-
tem located 34 feet or more above, or three or more stories
above, where the potable water supply enters the structure
19. Any fire system falling within American water works associa-
tion classes 3 through 6
B. The activities listed below require the following specified method
or methods of backflow prevention at each service connection to
the potable water system.
1. Separately metered or unprotected irrigation systems and con-
struction water services: RPA or PVB.
2. Unless exempted by an applicable fire code, any fire system
falling within American water works association classes 1
and 2 or constructed of a piping material not approved for po-
table water pursuant to the UPC as adopted by the town:
DCVA or DDCVA
3. Where backflow protection is required on premises containing
both industrial and domestic service, backflow protection shall
be provided on the fire service connection for the highest de-
gree of hazard affecting either system.
C. When two or more of the activities listed above are conducted on
the same premises and serviced by the same service connection or
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multiple service connections, the most restrictive backflow pre-
vention method required for any of the activities conducted on the
premises shall be required at each service connection. The order of
most restrictive to least restrictive backflow prevention methods
shall be as follows:
1. Air gap
2. RPA
3. DCVA
4. PVB
14 -8 -6 Backflow assembly installation requirements
A. Each backflow prevention assembly shall have a diameter at least
equal to the diameter of the service connection.
B. Each backflow prevention assembly shall be in an accessible loca-
tion approved by the utilities department.
C. Each RPA, PVB, and DCVA backflow prevention assembly shall
be installed at least 12 inches above ground.
D. When a continuous water supply is required, two parallel back -
flow prevention assemblies shall be installed at the service con-
nection to avoid interruption of water supply during backflow
prevention assembly testing.
E. No person shall alter, modify, bypass or remove a backflow pre-
vention assembly or method without the approval of the utilities
department.
14 -8 -7 Installation of backflow prevention assemblies for fire
systems
In addition to the requirements of section 14 -8 -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 au-
tomatic 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:
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1. Class 1 : direct connections from public water mains only; no
pumps, tanks, or reservoirs; no physical connection from other
water supplies; no antifreeze or other additives of any kind; all
sprinkler drains discharging to atmosphere, dry wells, or other
safe outlets.
2. Class 2: same as class 1, except that booster pumps may be in-
stalled in the connections from the street mains. Booster pumps
do not affect the potability of the system; it is necessary, how-
ever, to avoid drafting so much water that pressure in the wa-
ter 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 generally
require minimum protection (approved double check valves)
to prevent stagnant waters from backflowing into the public
potable water system.
4. Class 4: directly supplied from public mains similar to classes 1
and 2, and with the auxiliary water supply on or available to
the premises; or an auxiliary supply may be located within
1,700 feet of the pumper connection. Class 4 systems will nor-
mally require backflow protection at the service connection.
The type (air gap or RPA) will generally depend on the quality
of the auxiliary supply.
5. Class 5: directly supplied from public mains, and interconnect-
ed with auxiliary supplies, such as pumps taking suction from
reservoirs exposed to contamination, or rivers and ponds; driv-
en wells, mills or other industrial water systems; or where anti-
freeze or other additives are used. Class 4 and 5 systems nor-
mally 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 gravi-
ty 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 assem-
bly shall be installed on the service line in compliance with stand-
ard specifications adopted by the town. (Installation of DCVAs or
DDCVAs in a vertical position on the riser may be allowed on fire
systems with the approval of the utilities director.)
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14 -8 -8 Inspections
A customer's water system shall be available at all times during busi-
ness operations for premises inspection by the utilities department.
The inspection shall be conducted to determine whether any cross -
connection or other hazard potentials exist and to determine compli-
ance with this chapter.
14 -8 -9 Backf low permit required
A. Installation Unless included as a component of a building permit
for new construction, a separate backflow permit shall be obtained
from the utilities department for the installation of each backflow
prevention assembly required by this chapter, including a re-
placement assembly.
B. Notification The person performing work authorized by a back -
flow permit shall notify the utilities department at least 24 hours
before the work is ready to be inspected.
C. Permit suspension or revocation The utilities department may
suspend or revoke a permit issued in error or in violation of any
applicable ordinance or regulation.
14 -8 -10 Test; maintenance; records
A. The customer shall test and service backflow prevention assem-
blies at least once a year. If the testing reveals that the assembly is
defective, the customer shall repair, replace, or overhaul the as-
sembly to satisfactory operating condition.
B. If the utilities department or a customer learns or discovers be-
tween tests that an assembly is defective, the customer shall re-
pair, replace, or overhaul the assembly to satisfactory operating
condition.
C. The annual testing shall be performed by an individual certified
by an entity approved by the utilities department to test backflow
prevention assemblies. The utilities department will maintain and
make available upon request a list of individuals certified to test
backflow prevention assemblies.
D. The customer shall maintain records of all test results and all ser-
vicing, repairs, overhauls or replacements of the backflow preven-
tion assembly. The records shall be maintained on forms ap-
proved by the utilities department. A copy of the records shall be
promptly submitted to the utilities department 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.
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MARANA TOWN CODE 14 -23
12/20/2013
Title 14. Utilities e
14 -8 -11 Modification of backflow prevention requirements
The utilities department may modify the requirements of section 14 -8-
5 if both of the following apply:
A. Inspection of the customer's system indicates that a backflow pre-
vention method less restrictive than required in section 14 -8 -5 will
provide adequate protection of the public potable water supply
from the degree of hazard potential by the customer's water sys-
tem.
B. The less restrictive method is supported by industry best man-
agement practices.
14 -8 -12 Discontinuance of water service
A. If a required backflow prevention method is not installed or has
been bypassed or removed, or an unprotected cross - connection
exists in the customer's water system, the water service to that
service connection shall be disconnected. The utilities department
shall take reasonable steps to notify the customer before, and if
unable to do so, after the disconnection. The service shall not be
restored until the condition is corrected.
B. If a required backflow prevention method is not properly tested or
maintained, the utilities department shall issue a notice to the cus-
tomer requiring the condition to be corrected within the time
specified in the notice, which shall be not less than seven days. If
not corrected within the time specified in the notice, water service
shall be disconnected. The service shall not be restored until the
condition is corrected.
C. Water service to a fire sprinkler system shall not be disconnected
unless a cross - connection exists and presents an imminent threat
to the public potable water supply.
14 -8 -13 Fees
The fee for any permit required pursuant to the terms of this chapter
shall be established by a fee schedule adopted by the council and
amended from time to time.
14 -8 -14 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 -9. VIOLATIONS
14 -9 -1 Unauthorized installation and repair prohibited
Town utilities shall be connected only by authorized town employees
or agents. It is unlawful for any person to connect to or repair any
town utility service.
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MARANA TOWN CODE 14 -24
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Title 14. Utilities e
14 -9 -2 Turning on water without authority prohibited
It is unlawful for any unauthorized person to connect to the town wa-
ter utility a water service that the utilities department has disconnect-
ed.
14 -9 -3 Escaping water prohibited; applicability; exceptions Ordinance 2012.12 comprehensively revised sec -
A. No person shall allow water to escape from his or her premises on- tion 14 -9 -3, formerly entitled "Escaping water flow
to ublic property, such as draina ewa s, alleys, roads or streets. or runoff prohibited
p g Y Y
B. No person shall allow water to escape from his or her premises on-
to any other person's property without that other person's express
written permission.
C. This section shall apply to all property located within the Marana
town limits and to all property located outside the Marana town
limits that is served by the Marana water utility.
D. This section shall not apply to the following:
1. Stormwater runoff.
2. Irrigation of landscaping on public property as expressly au-
thorized by the owner of the public property.
3. Reasonable, short - duration runoff from the washing of vehi-
cles.
4. Broken or malfunctioning irrigation equipment, provided that
the escape of water is halted promptly and in any event not
more than 24 hours after the responsible party has actual notice
of the break or malfunction.
5. Disposal of pool or spa backwash water in conformance with
section 314 of the 2006 Marana pool and spa code.
6. Any escape of water which is, in the opinion of the investigat-
ing code compliance officer, similar in nature or scope to the
exceptions set forth in this section.
14 -9 -4 Interference, tampering with utility facilities
No person shall do any of the following without a permit from the
utilities department or in violation of permit conditions, except under
the fire department's direction during a fire:
A. Open or close any fire hydrant or valve connected to the town's
water system.
B. Lift or remove any valve, shutoff cover, or manhole lid.
C. Tap into the town water distribution system or wastewater collec-
tion system.
D. Otherwise remove water from the town water utility system.
E. Otherwise discharge into the town wastewater collection system.
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MARANA TOWN CODE 14 -25 1212012013
Title 14. Utilities e
14 -9 -5 Damaging or defacing facilities
It is unlawful for any person to destroy, deface, impair, damage, or
force open any gate, door, reservoir, building, storage tank, manhole,
treatment facility, pump station, fence, fixture, or other property ap-
pertaining to town utilities.
14 -9 -6 Penalties
A. Any violation of this title shall be a civil offense punishable by a
fine of not more than $250. This shall be in addition to any other
available remedy. Each day a violation continues is a separate of-
fense.
B. Under appropriate circumstances a violation of this title may also
be prosecuted under the public health security and bioterrorism
preparedness and response act of 2002.
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MARANA TOWN CODE
14 -26
12/20/2013
Title 15
Marana Regional Airport
CHAPTER 15 -1.
CHAPTER 15 -2.
CHAPTER 15 -3.
CHAPTER 15 -4.
CHAPTER 15 -5.
CHAPTER 15 -6.
TITLE 15. MARANA REGIONAL AIRPORT
GENERAL ......................................................................................... ...........................15 -1
AIRCRAFT OPERATIONS ............................................................. ...........................15 -6
FUELING OPERATIONS ............................................................... ...........................15 -9
MOTOR VEHICLE OPERATIONS .............................................. ..........................15 -11
MISCELLANEOUS ......................................................................... ..........................15 -13
VIOLATIONS .................................................................................. ..........................15 -16
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Title 15. Marana Regional Airport 0
TITLE 15. MARANA REGIONAL AIRPORT
CHAPTER 15 -1. GENERAL
15 -1 -1 Definitions
A. "Airport" means Marana Regional Airport, formerly known as
Marana Northwest Regional Airport, formerly known as Avra Val-
ley 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
airport 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
property.
D. "AOA" means the airport operation area, which is the area of the
airport used for aircraft landing, takeoff, or surface maneuvering
including the areas around hangars, navigation equipment, and
communication facilities.
E. "Apron" means the area intended to accommodate aircraft for
purposes of loading or unloading passengers or cargo, refueling,
parking, or maintenance.
F. "Holdshort line" means markings consisting of four yellow lines,
two solid and two dashed, extending across the width of the taxi-
way 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.
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MARANA TOWN CODE 15 -1
Ordinance 2004.10 adopted title 15. Ordinance
2004.13 changed " Marana Northwest Regional
Airport" to " Marana Regional Airport" through-
out title 15. Ordinance 2005.22 rewrote, reor-
ganized, and conformed title 15 to standard town
code style.
12/20/2013
Title 15. Marana Regional Airport 0
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
conditioned upon compliance with this title and any rules, regula-
tions or minimum operating standard promulgated under this ti-
tle.
C. Entry upon the airport property by any operator, off - airport user,
crew member, passenger, spectator, sightseer, vehicle driver, air-
line officer or employee, lessee, sublessee, permittee, person doing
business with the airport, or any other person shall be deemed to
constitute an agreement by that person to comply with all of the
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
director.
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
airport 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.
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MARANA TOWN CODE 15 -2
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Title 15. Marana Regional Airport 0
15 -1 -4 Incorporation of rules and standards by reference
The following, as they may be amended from time to time, are hereby
incorporated by reference as if set out at length in this title:
A. The Marana regional airport minimum operating standards.
B. The Marana regional airport rates and fees schedule.
C. The Marana regional airport ultralight standards.
D. The Marana regional airport architecture and landscape design
standards.
E. The Marana regional airport commercial leasing policy and appli-
cation.
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
airport director based on a contract with the town, is empowered to
enforce 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 pro-
motion and accommodation of civil aviation and associated activi-
ties.
B. The airport shall be open for public use.
15 -1 -8 Conflicting laws, ordinances, regulations and contracts
A. Whenever a provision of this title, rules and regulations, minimum
operating standards, or rates and fees schedule adopted under this
title is or is determined to be in conflict with any other provision of
this title, regulations adopted under this title, or any zoning, build-
ing, fire, safety, health or other law, ordinance or code of the town,
the Federal Aviation Administration, the United States Govern-
ment or the state, the more restrictive provision shall prevail.
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MARANA TOWN CODE 15 -3
The reformatted Town Code adopted by Ordinance
2005.22 incorrectly numbered this section as
15 -1 -5. On February 17, 2006, the town attorney
renumbered it 15 -1 -8 as a scrivener's correction,
under authority confirmed by Ordinance 2008.16
12/20/2013
Title 15. Marana Regional Airport 0
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
ordinances, 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
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
A. No person shall do any of the following:
1. Commit any criminal act or nuisance.
2. Camp.
3. Sleep.
4. Loiter.
5. Ignite a fire.
6. Maintain a temporary or permanent residence.
B. All children under the age of 13 years must be accompanied by an
adult 18 years of age or older at all times.
C. No person shall dispose of garbage, papers, refuse, or other similar
material except in receptacles provided for that purpose.
D. No person shall destroy, injure, deface, or disturb any building,
sign, equipment, marker or other structure, tree, flower, lawn, or
other public property.
E. No person shall alter, make additions to, or erect any building or
sign or make any excavations without the permission of the airport
director.
F. No person shall abandon any personal property.
G. No person may ride horses without permission of the airport direc-
tor.
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MARANA TOWN CODE 15 -4
The reformatted Town Code adopted by Ordinance
2005.22 incorrectly numbered this section as
15 -1 -6. On February 17, 2006, the town attorney
renumbered it 15 -1 -9 as a scrivener's correction.
12/20/2013
Title 15. Marana Regional Airport 0
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 "ex-
plosive" include any "deadly weapon," "explosive," "firearm" or
"prohibited weapon" as defined in A.R.S. § 13 -3101.
J. No person shall solicit fares or funds for any purpose without
permission of the airport director.
K. No person shall post, distribute, or display signs, advertisements,
circulars, or other printed or written matter on airport property
without 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 un-
restrained.
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, tax -
ilane, or runway.
P. No person shall bicycle, skateboard, rollerblade, scooter or perform
similar activities in the AOA without permission of the airport di-
rector.
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.
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MARANA TOWN CODE 15 -5
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Title 15. Marana Regional Airport 0
CHAPTER 15 -2. AIRCRAFT OPERATIONS
15 -2 -1 General
A. No person shall navigate, land aircraft upon, or conduct any air-
craft 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
Administration 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 ju-
risdiction.
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.
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,
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MARANA TOWN CODE 15 -6
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Title 15. Marana Regional Airport 0
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:
1. Enter an aircraft hangar or storage room without the permis-
sion 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
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MARANA TOWN CODE 15 -7
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Title 15. Marana Regional Airport 0
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
major repair, shall be stored in a fully enclosed hangar or will be
removed from the airport property by the airport director at the
aircraft owner's expense.
F. Aircraft stored outside shall not leak fuel, oil, or other materials on
the ground or aprons.
G. Each hangar lessee shall provide suitable metal receptacles for stor-
ing waste, rags, and other rubbish and shall remove all rubbish
from the airport property at least weekly.
15 -24 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
hangar maintenance work permitted under his or her mechanic
rating.
C. No aircraft maintenance shall be performed in the open tiedowns,
covered tiedowns, or aprons.
D. No aircraft shall be permitted to remain on any part of the landing
or takeoff areas for the purpose of repairs.
E. All aircraft maintenance shall be performed on pavement.
15 -2 -5 Rotorcraft
A. No person shall operate or move a rotorcraf t 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.
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MARANA TOWN CODE 15 -8
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Title 15. Marana Regional Airport 0
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 ac-
cident.
B. Any person whose operation of an aircraft results in property
damage shall report the damage to the airport director immediate-
ly 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
def ueling.
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 def uel an aircraft while it is in a hangar or enclosed
space,
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MARANA TOWN CODE 15 -9
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Title 15. Marana Regional Airport 0
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 f uelers shall have their fueling equipment inspect-
ed and approved by NWFD annually. A written letter from NWFD
shall be presented to the airport director showing an approved in-
spection 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 def ueling of an aircraft, no person shall,
within 50 feet of the aircraft, smoke or use any material that is like-
ly to cause a spark or be a source of ignition.
H. Each hose, funnel, or appurtenance used in fueling or def ueling an
aircraft shall be maintained in a safe, sound, and non - leaking con-
dition and must be properly grounded to prevent ignition of vola-
tile 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 correct-
ed 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 ve-
hicle 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 f uelers shall:
1. Pay a flowage fee as established in the airport rates and charg-
es,
2. Provide the airport director with monthly fuel purchase and
delivery documents in a form acceptable to the airport director,
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MARANA TOWN CODE 15 -10
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Title 15. Marana Regional Airport 0
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
NFPA# 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 own-
er, provided that:
1. The self -f ueler holds a valid permit from the town authorizing
self-fueling,
2. The self -f ueler 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 employ-
ee 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 annual-
ly 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,
4. Operate a vehicle onto or across a runway except when author-
ized by the airport director,
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MARANA TOWN CODE
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Title 15. Marana Regional Airport 0
5. Operate a vehicle onto or across a taxiway except when author-
ized by the airport director,
6. Operate an uncovered vehicle to haul trash,
7. Operate a vehicle for hauling trash, dirt, or any other material
unless it is built to prevent its contents from dropping, sifting,
leaking, or otherwise escaping,
8. Spill dirt or any other material from a vehicle,
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 pos-
sible after the accident. The report shall include the name and address
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 des-
ignated for parking or standing,
2. Park a vehicle in a restricted or reserved area unless a parking
permit issued by the airport director for that area is displayed
in the manner prescribed by the airport director,
3. Park a vehicle on a runway, taxiway or taxilane,
4. Park a vehicle in a runway safety area,
5. Park a vehicle in a taxiway safety area,
6. Park a vehicle in a taxilane safety area,
7. Park or stand a motor vehicle in violation of any validly posted
sign,
8. Park or stand a motor vehicle within 15 feet of a fire hydrant,
9. Park in a way that blocks any fire gate or entrance,
10. Park in a way that causes a motor vehicle to occupy more than
one marked space,
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MaRANA TowN CODE 15 -12 1212012013
Title 15. Marana Regional Airport 0
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
registration.
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,
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MARANA TOWN CODE
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Title 15. Marana Regional Airport 0
3. Use a flammable volatile liquid having a flash point of less than
100 degrees Fahrenheit to clean an aircraft, aircraft engine,
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 ma-
terial (such as oil absorbents or similar material) that creates an
eye hazard when picked up, swirled, or blown about by the
blast from an aircraft engine, or
6. Conduct a painting or doping process on the airport except in a
properly designed fire - resistive and ventilated room or build-
ing 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
maintained for that use, as evidenced by a written approval
from NWFD and provided to the airport director.
B. Explosives or inflammable material may only be loaded or unload-
ed from an aircraft in areas designated by the airport director.
C. No open flame, flame-producing device, or other source of ignition
shall be permitted in any hangar or similar -type building except in
locations approved by the airport director.
D. Any person to whom space on the airport is leased, assigned or
made available for use shall keep the space free and clear of oil,
grease, or other foreign materials that could cause:
1. A fire hazard,
2. A slippery or otherwise unsafe condition, or
3. A violation of the airport's stormwater permit.
E. The following shall be stored in a fully enclosed area consistent
with stormwater guidelines:
1. Used and new batteries.
2. Used and new oil, fuel and other fluids and material.
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.
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MARANA TOWN CODE 15 -14
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Title 15. Marana Regional Airport 0
B. No lessee or sublessee shall knowingly allow their leased or sub-
leased property to be used or occupied for any purpose prohibited
by this title or by their lease.
C. No tenant, lessee, concessionaire, or agent of any of them shall
keep uncovered trash containers on a sidewalk or road or in a pub-
lic area.
D. Each lessee of a hangar or other operational area specified by the
airport director shall maintain a bulletin board in a conspicuous
place in the hangar or area where all of the following shall be post-
ed 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 facili-
ty approved by the airport director.
G. Each tenant or lessee of a hangar, shop facility, or other operational
area specified by the airport director shall supply and maintain ad-
equate 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 ap-
proved sublease from a duly authorized master lessee, or a license
or permit 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.
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Title 15. Marana Regional Airport 0
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.
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
airport.
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MARANA TOWN CODE
15 -16
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Title 16
Utilities Board !&
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 or a utilities department employee designated by the utilities
director, three council - appointed members who are either town resi-
dents or utility customers of the town, two town employees appointed
by the town manager, and the town finance director or a finance de-
partment employee designated by the finance director. 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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MARANA TOWN CODE 16 -1
Ordinance 2005.20 added title 16
Ordinance 2011.33 amended section 16 -1 -2 to
revise and update the membership of the utilities
board
12/20/2013
APPENDIX. TABLE OF REVISIONS
Appendix. Table of Revisions 0
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 (methamphetamine 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 2005.22,
confirmed by Ordinance 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 chapter 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 delet-
ed chapter 2 -7 (special committees), chapter 2 -8 (planning and
zoning commission) and chapter 2 -9 (board of adjustment)
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-
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MARANA TOWN CODE
AP -1
12/20/2013
Appendix. Table of Revisions •
ORDINANCE
ADOPTED
EFFECTIVE
DESCRIPTION
rences of "building department" to "building safety depart-
ment"
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
2007.22, under the authority of Ordinance 2005.22, confirmed
by Ordinance 2008.16
2007.31
12 -18 -2007
12 -18 -2007
Revised various water service fees in sections 14 -6- 2,14 -7 -2,
14 -7 -3 and 14 -9 -15
2007.32
12 -18 -2007
12 -18 -2007
Revised chapters 5 -2 and 5 -3 to place administrative control of
the municipal court under the town magistrate, added
"class 1" before "misdemeanor" in sections 5-7-4(B) and
5 -7 -11, and conformed all inconsistent references to the court
throughout the town code to "municipal court"
2008.04
1 -22 -2008
1 -22 -2008
Changed the name of title 12 from "traffic" to "traffic and
highways" and added chapter 12 -7 (construction in town
ri hts -of -wa )
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 section 2 -6 -2
(application, recommendation, appointment and removal) 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 scrive-
ner 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 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,
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MARANA TOWN CODE AP -2 1212012013
Appendix. Table of Revisions •
ORDINANCE
ADOPTED
EFFECTIVE
DESCRIPTION
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
eneral election
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 inspector"
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
federal, 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 (I),
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
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 2010.02, under the authority of town code sec-
tion 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
paragraph 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),
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MARANA TOWN CODE AP -3 1212012013
Appendix. Table of Revisions •
ORDINANCE
ADOPTED
EFFECTIVE
DESCRIPTION
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
2010.09
7 -20 -2010
7 -20 -2010
Revised section 13 -1 -3 (use and occupancy rules and regula-
tions) by deleting the prohibition against carrying firearms in
parks and making other revisions to conform to Laws 2010
chapter 19
2010.10
7 -20 -2010
8 -20 -2010
Added chapter 13 -2 (fingerprinting and criminal history rec-
ords checks of parks and recreation personnel and volunteers)
2010.13
8 -3 -2010
9 -2 -2010
Revised paragraph B of section 9 -1 -3 (fees; payment; term of
licenses; annual renewal required) to clarify that fees must be
paid to the town for all applications to the Arizona depart-
ment of liquor licenses and control
2010.14
8 -17 -2010
8 -17 -2010
Revised section 5 -2 -1 (town magistrate) to provide for the ap-
pointment of the magistrate for a two year term beginning on
the date of appointment
2011.01
2 -15 -2011
3 -18 -2011
Added chapter 9 -4 (massage establishments)
2011.03
2 -15 -2011
2 -15 -2011
Amended sections 3 -1 -2, 3 -1 -3, 3 -2 -3, 3 -2 -4, 3 -2 -5, 3 -2 -8, 3 -2 -9,
3 -2 -10 and 3 -2 -11 and added section 3 -2 -14, revising positions
appointed by, removed by and reporting to the town manag-
er, deputy town manager, assistant town manager, and gen-
eral manager; updating responsibilities; renaming special pro-
jects administrator to manager; and adding the position of di-
rector of strategic initiatives
2011.08
3 -1 -2011
3 -1 -2011
Amended section 2 -4 -1 (regular and special council meetings)
to include procedures to cancel and add council meetings as
necessar
2011.09
3 -15 -2011
4 -15 -2011
Amended chapter 10 -5 (fireworks) to add definitions and de-
scribe prohibited and permitted activities to conform to state
law
N/A
N/A
3 -24 -2011
March 24, 2011 scrivener's revisions to the numbering within
sections 9 -4 -2 and 9 -4 -20 by authority of town code section
1 -4 -5
N/A
N/A
3 -24 -2011
March 24, 2011 scrivener's revisions to the capitalization in the
portions of section 2 -4 -1 paragraph A added by Ordinance
2011.08 to conform to the stylistic conventions adopted by Or-
dinance 2005.22, by authority of town code section 1 -4 -5
2011.14
6 -21 -2011
6 -21 -2011
Deleted police commander from the unclassified service list in
section 3 -1 -3, deleted section 3 -2 -13 (police commander), and
renumbered the following section to conform
2011.17
7 -19 -2011
8 -19 -2011
Amended town code title 8, the Marana tax code, to add the
2010 -2011 amendments
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MARANA TOWN CODE AP -4 1212012013
Appendix. Table of Revisions •
ORDINANCE
ADOPTED
EFFECTIVE
DESCRIPTION
2011.22
9 -6 -2011
9 -6 -2011
Adopted massage establishments revisions; amended sec-
tions 9 -4 -2, 9 -4 -3, 9 -4 -6, 9 -4 -7, 9 -4 -8, 9 -4 -9, 9 -4 -12, 9 -4 -13, and
9 -4 -14; added section 9 -4 -15; and amended and renumbered
sections 9 -4 -16 and 19; and renumbered sections 9 -4 -17, 9 -4 -18,
9 -4 -20, 9 -4 -21, 9 -4 -22, 9 -4 -23, and 9 -4 -24 to conform
2011.24
9 -6 -2011
10 -7 -2011
Comprehensively revised title 14 to include water and
wastewater utilities, and renamed it from water to utilities
2011.25
9 -20 -2011
10 -21 -2011
Revised section 2 -2 -6 D. 3 to change the deadline for submis-
sion of ballot arguments to conform to A.R.S. § 19 -141 (C)
2011.26
11 -1 -2011
12 -1 -2011
Amended sections 6 -1 -2, 6 -2 -8, 6 -2 -10, 6 -3 -1, 6 -3 -2, 6 -4 -1, 6 -4 -2,
and 6 -4 -4, and added section 6 -4 -3, relating to animal control
2011.28
11 -15 -2011
11 -15 -2011
Amended section 2 -6 -3, relating to terms of office of standing
and special boards, commissions, and committees
2011.29
11 -15 -2011
11 -15 -2011
Amended section 9 -4 -19 by changing massage establishment
lighting requirements
2011.33
12 -6 -2011
1 -6 -2012
Amended section 16 -1 -2 by changing the membership of the
utilities board
N/A
N/A
12 -13 -2011
December 13, 2011 scrivener's revision to the cross - references
in section 9 -4 -2 K by authority of town code section 1 -4 -5
2012.06
7 -17 -2012
8 -17 -2012
Rewrote chapter 11 -7 (storage of inoperable or junked vehi-
cles) and section 11 -9 -1 (violations)
2012.07
7 -17 -2012
7 -17 -2012
Amended section 10 -1 -1 (definitions); added new section
10 -1 -3 (spilled garbage or aggregate materials); replaced old
section 10 -1 -3 (illegal dumping) with new section 10 -1 -4 (ille-
gal dumping); rewrote chapter 10 -2 (formerly removal of lit-
ter, now maintenance of property); and deleted chapter 10 -7
(penalties) and inserted penalties into the individually -
applicable sections
2012.09
8 -7 -2012
8 -7 -2012
Amended sections 2 -4 -1 (regular and special council meet-
ings), 2 -4 -2 (agenda preparation and distribution), and 2 -4 -4
(procedures for meetings)
2012.12
11 -20 -2012
12 -21 -2012
Comprehensively rewrote section 14 -9 -3 (escaping water)
2012.13
12 -4 -2012
12 -4 -2012
Revised the regulations relating to massage establishments
found in sections 9 -4 -2, 9 -4 -8, 9 -4 -9, 9 -4 -12, 9 -4 -13, 9 -4 -14,
9 -4 -15, 9 -4 -16, 9 -4 -18, 9 -4 -19, 9 -4 -20, 9 -4 -21, and 9 -4 -22
N/A
N/A
12 -13 -2012
December 13, 2012 scrivener's revision to the cross - reference
in subparagraph 9 -4 -14 A 22 by authority of town code section
1 -4 -5
N/A
N/A
1 -7 -2013
January 7, 2013 scrivener's error correction of the spelling of
"licensee" in the third sentence by authority of town code sec-
tion 1 -4 -5 B
2013.005
4 -2 -2013
4 -2 -2013
Added subparagraph C 7 and paragraph D to section 3 -2 -7
(town attorney), confirming the town attorney's role as prose-
cutor and the authority of deputy and assistant town attorneys
2013.007
4 -16 -2013
7 -1 -2013
Revised section 7 -1 -2 (building codes adopted) to reference
newer versions of the national codes and to add the 2012 in-
ternational fuel gas code
{00032630.DOCX / 6}
MARANA TOWN CODE AP -5 1212012013
Appendix. Table of Revisions •
ORDINANCE
ADOPTED
EFFECTIVE
DESCRIPTION
2013.010
6 -18 -2013
7 -19 -2013
Revised paragraph G of section 6 -2 -8 ([dog] license fees...) to
change "pay a license fee" to "timely renew a license"
2013.011
6 -18 -2013
7 -22 -2013
Made various minor revisions to chapter 12 -7 (construction in
town rights -of -way); specifically, in sections 12 -7 -5 (permit
process), 12 -7 -8 (construction requirements), 12 -7 -9 (newly
constructed asphalt pavements), 12 -7 -12 (fees; late fees), and
12 -7 -13 (classification; penalties)
2013.013
7 -2 -2013
8 -3 -2013
Revised sections 9 -1 -6 and 9 -1 -7 to include code compliance
officers
2013.014
8 -6 -2013
9 -6 -2013
Revised section 9 -1 -12 regarding verification of principal busi-
ness purpose for regulation of sexually oriented businesses
2013.015
8 -6 -2013
9 -6 -2013
Revised sections 3 -1 -3 and 3 -2 -12 to change the office of assis-
tant chief of police to deputy chief of police
2013.016
8 -6 -2013
9 -6 -2013
Revised section 2 -1 -6 (bond) to clarify elected officials' cover-
age with a blanket bond
2013.017
8 -6 -2013
9 -6 -2013
Revised chapter 10 -2 (maintenance of property) to address di-
lapidated buildings
2013.019
8 -20 -2013
9 -20 -2013
Revised sections 2 -2 -1, 2 -2 -3, 2 -2 -5, and 2 -3 -1 to conform to the
2012 revisions to A.R.S. § 16 -204 concerning consolidated elec-
tions
N/A
N/A
9 -24 -2013
Town attorney's scrivener's error correction of the section
heading of section 9 -1 -1, changing "licensed" to "license," un-
der the authority of section 1 -4 -5
2013.026
11 -19 -2013
12 -20 -2013
Deleted section 4 -1 -8 (public safety employee- employer rela-
tions; meet and confer)
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MARANA TOWN CODE AP -6 1212012013