HomeMy WebLinkAboutOrdinance 2015.006 Amending Town Code Chapter 13-1F. ANN RODRIGUEZ RECORDER
Recorded By: KSH
DEPUTY RECORDER
4934
SMARA
TOWN OF MARANA
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MARANA ORDINANCE NO. 2015.006
$7.00
RELATING TO PARKS AND RECREATION; AMENDING MARANA TOWN CODE
CHAPTER 13 -1 (PARKS AND RECREATION REGULATIONS); AMENDING SECTION
13 -1 -2 (INTOXICANTS AND DISTURBING THE PEACE) BY RENAMING IT AS
"SPIRITUOUS LIQUOR PROHIBITED; PERMITS; EXCEPTION; DEFINITIONS" AND
REWRITING IT IN ITS ENTIRETY; AMENDING SECTION 13 -1 -3 (USE AND
OCCUPANCY RULES AND REGULATIONS) REGARDING POSSESSION OF GLASS
CONTAINERS; AMENDING SECTION 13-1-4 (VIOLATIONS AND PENALTIES); AND
DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council is authorized by A.R.S. § 9 -240 to control the property of
the Town; to make, amend or repeal all ordinances necessary or proper for the carrying into
effect of the powers vested in the Town; and to enforce the observance and punish violations of
such ordinances; and
WHEREAS the Town Council finds that the regulations established by this ordinance are
necessary for the public health, safety and general welfare of the Town of Marana.
NOW, THEREFORE, BE 11" ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. Existing section 13 -1 -2 of the Marana Town Code is hereby deleted in its
entirety and replaced with new section 13-1-2, as follows:
13 -1-2 Spirituous liquor prohibited; permits; exception; definitions
A. It shall be unlawful for any person to consume or have in his possession any
spirituous liquor in a town park, including any parkway, trail, recreational
area, playground, mountain park, open space area or mountain preserve area
or any parking lot or driveway associated with the foregoing, except as
provided in paragraph B of this section.
B. The parks and recreation director is empowered to issue permits authorizing
the consumption and possession of beer and wine in a park and to adopt
rules and procedures for the issuance of such permits.
C. A person who has obtained a permit pursuant to paragraph B of this section
shall display the permit upon request. The permit holder and all persons
covered by the permit shall abide by the terms and conditions of use set forth
in the permit. The permit may be revoked for failure to comply with the
terms and conditions.
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Ord inance No. 2015.006 - 1 -
D. This section shall not apply to premises or events for which a liquor license
h as been issued pursuant to title 4, Arizona revised statutes.
E. For purposes of this chapter, the following definitions shall. apply:
1. "Beer" means any beverage obtained by the alcoholic fermentation,
infusion or decoction of barley malt, hops, or other ingredients not
drinkable, or any combination of them.
2. "Spirituous liquor" means alcohol, brandy, whiskey, rum, tequila,
mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage,
absinthe, a compound or mixture of any of them or of any of them with
any vegetable or other substance, alcohol bitters, bitters containing
alcohol, any liquid mixture or preparation, whether patented or
otherwise, which produces intoxication, fruits preserved in ardent spirits,
and beverages containing more than one --half of one per cent of alcohol
by volume.
3. "Wine" means the product obtained by the fermentation of grapes or
other agricultural products containing natural or added sugar or any
such alcoholic beverage fortified with grape brandy and containing not
more than twenty -four per cent of alcohol by volume.
SECTION 2. Marana Town Code section 13-1-3 (Use and occupancy rules and
regulations) is hereby amended as follows (with deletions shown with and additions
shown with double underlinin
13 -1 -3 Use and occupancy rules and regulations
A. It is unlawful in any town park to:
[Subparagraphs 1 through 14 remain unchanged]
15. Possess glass containers: exce t that the parks and recreation director is
empowered to issue an exemption authorizin the possession of lass
containers and to ado pi rules and rocedures for the issuance of such
exemptions. The arson issued the exemption and all arsons covered b
the exem tion shall abide b any terms and conditions rea ardinR the
exemption. The exemption may be revoked for failure to comp with the
terms and conditions.
[Subparagraphs 16 and 17 and paragraph B remain unchanged]
SECTION 3. Marana Town Code section 13 -1 -4 (Violations and penalties) is hereby
amended as follows (with deletions shown with P *�.�Z -��t�� and additions shown with double
underlining)
Ordinance No. 2015.006 -2-
13-14 Violations; classification "nng%JqWp en a 1 ':4 es,
A Except as provided in para B of this section, any violation of this
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SECTION 4. The various town officers and emplo are authorized and directed to
perform all acts necessar or desirable to g ive effect to this ordinance.
SECTION S. All ordinances, resolutions, or motions and parts of ordinances,
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resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereb
repealed, effective as of the effective date of this ordinance.
SECTION 6. If an section, subsection, sentence, clause, phrase or portion of this
ordinance is for an reason held to be invalid or unconstitutional b the decision of an court of
competent jurisdiction, the decision shall not affect the validit of the remainin portions of this
ordinance.
SECTION 7. This ordinance shall become effective on the thirt da after its
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 3rd da of Februar 2015.
Ma Ed Honea
ATTEST:
ronson, Town Clerk
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Fr Cas, - Town Att6rne
Ordinance No. 2015.006 - 3 -