HomeMy WebLinkAboutOrdinance 2017.006 Amending Town Code Model Aircraft Operation; definition; prohibitions; exceptions F. ANN RODRIGUEZ, RECORDER
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III�IIIIIIIIIIII11111111111111111111111111111411111111111111111#111Recorded By: KES
DEPUTY RECORDER /2' SEQUENCE: 20170830110
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4901 Z NO. PAGES: 2
SMARA
ORDIN 03/24/2017
TOWN OF MARANA 11I1014Q' 10:21:18
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MARANA ORDINANCE NO. 2017.006
RELATING TO PARKS AND RECREATION; AMENDING MARANA TOWN CODE
CHAPTER 13-1 (PARKS AND RECREATION REGULATIONS); AMENDING SECTION
13-1-3 (USE AND OCCUPANCY RULES AND REGULATIONS) TO EXCLUDE
REGULATION OF MODEL AIRCRAFT; ADDING NEW SECTION 13-1-4 ENTITLED
"MODEL AIRCRAFT OPERATION; DEFINITION; PROHIBITIONS; EXCEPTIONS"; 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 A.R.S. § 13-3729 authorizes the Town to adopt ordinances or rules that
regulate the takeoff or landing of model aircraft in parks or preserves owned by the Town; 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 IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, AS FOLLOWS:
SECTION 1. Section 13-1-3 (Use and occupancy rules and regulations) of the Marana
Town Code is hereby revised as follows (with additions shown with double underlining):
13-1-3 Use and occupancy rules and regulations
A. It is unlawful in any town park to:
[subparagraphs 1 through 11 remain unchanged]
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. For purposes of this subparagraph,
aircraft does not include model aircraft as defined and regulated in
section 13-1-4.
[subparagraphs 13 through 17 remain unchanged]
[Paragraph B remains unchanged]
SECTION 2. New section 13-1-4 entitled "Model aircraft operation; definition;
prohibitions; exceptions" is hereby added to the Marana Town Code as follows and the sections
that follow are renumbered to conform:
Marana Ordinance No.2017.006
13-14 Model I * prohibitions;
purposesA. For f this section, "'model aircraft" a same meaning a
escr to section 336 of the FAA modernizationreform cof , a
amended, includes aircraft commonly known as drones.
B. It 'is unlawful to.-
Operate a model aircraft to takeoff or land in a townark or preserve
without a permit issued by the arks and recreation department.
2. Operate a model aircraft takeoff or land in a town park or preserve
here the parks and recreationdirector has prohibited such operations.
The parks and recreation di ec or sal ensure that a list of prohibited.
locations shy e on file with the town clerk.
3. Operate a model aircraft to takeoff or landany town park or preserve
located withinfive miles of the Marana regional it ort.
C. This section does not apply to model aircraft that are operated town police
personnel or other enforcement o dicers, fire department rso en
other town employees In t course their official ties, a fin compliance.
w ith i all federal laws and re gulations.
SECTION 3. The various town offices and employees are authorized and directedto
perform all acts necessary or desirable to give effect to this ordinance.
CTIO ordinances,n s s u n or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby
repealed, effective as of the effective date of this ordinance.
SECT ION 5. If any section, su"osection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutionaly the decision of any court of
competent ur.s ct on, the decision shall not affect the validity of the remaining p a ns of this
ordinance.
SECTION 6. this ordinance shall become effective ora the thirty-first day aftert
adoption.
PASSED AND ADOPrI`ED BY ,rHE MAYOR AND COUNCIL OF THE TowN OF MA AN ,
ARIZONA, this 21 st day of March, 2017.
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Marana OrdinanceNo,2017-006
ESTABLISHED