Loading...
HomeMy WebLinkAboutOrdinance 2018.008 Revising Town Code Title 12 F. ANN RODRIGUEZ, RECORDER IIII IIIIII II II III IIII I III IIIIIIIIIIIIIIIII Recorded By: LW ov PPLI.- DEPUTY RECORDER �' ^ O SEQUENCE: 20180820156 41 �/ NO. PAGES: 2 SMARA W e �z fit\ 03/23/2018 TOWN OF MARANA 10:19:52 PICKUP 1$rol`1Q' J MARANA ORDINANCE NO. 2018.008 RELATING TO TRAFFIC AND HIGHWAYS; REVISING MARANA TOWN CODE TITLE 12 (TRAFFIC AND HIGHWAYS) BY ADDING A NEW CHAPTER 12-9 (OVERDIMENSIONAL VEHICLES); AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9-240 to exercise exclusive control over the streets, alleys, avenues and sidewalks of the town; and WHEREAS A.R.S. § 28-1103 authorizes the Town to issue special permits for overdimensional vehicles; and WHEREAS the Marana Mayor and Town Council find that the revision to Title 12 of the Marana Town Code as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Marana Town Code Title 12 (Traffic and Highways) is hereby amended by adding new Chapter 12-9 (Overdimensional Vehicles), which was made a public record by and attached as Exhibit A to Marana Resolution No. 2018-025 and is hereby adopted and made a part of this ordinance by reference as if fully set out here. Section 2. The following penalty clauses are included in Marana Town Code Chapter 12-9 (Overdimensional Vehicles): 12-9-5 Classification;enforcement;continuing violations 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 civil infraction. B. This chapter may be enforced in any manner provided for by town ordinances and state laws. C. Each day any violation continues shall constitute a separate offense. Section 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Marana Ordinance No.2018.008 - 1 - MARANA ORDINANCE NO, 2018.008 RELATING TO TRAFFIC AND HIGHWAYS; REVISING MARANA TOWN CODE T11"LE 12 (TRAFFIC AND HIGHWAYS) BY ADDING A NEW CHAPTER 12-9 (OVERDIMENSIONAL VEHICLES); AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9-240 to exercise exclusive control over the streets, alleys, avenues and sidewalks of the town; and WHEREAS A.R.S. § 28-1103 authorizes the Town to issue special permits for overdimensional vehicles, and WHEREAS the Marana Mayor and Town Council find that the revision to Title 12 of the Marana Town Code as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Marana Town Code Title 12 (Traffic and Highways) is hereby amended by adding new Chapter 12-9 (Overd.imen.sional Vehicles), which was made a public record by and attached as Exhibit A to Marana Resolution No. 2018-025 and is hereby adopted and made a part of this ordinance by reference as if fully set out here. Section 2. The following penalty clauses are included in Marana Town Code Chapter 12-9 (Overd.imensional Vehicles): 12-9-5 Classification; enforcement;continuing violations 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 civil infraction. B. This chapter may be enforced in any manner provided for by town ordinances and state laws. C. Each day any violation continues shall constitute a separate offense. Section 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Marana Ordinance No.2018.008 - 1 - Section 4. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance, Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED by the Mayor and Council of the 'Town of Marana, Arizona, this 2001 day of March, 2018, AA-C/ Mayor Ed tinea �71 ATTEST: APPROVED AS TO FORM: celyn Bronson, Town Clerk nk Cassi y, Town A. rney At '"M N MARANA AZ Marana Ordinance No.20-18.008 - 2 - MARANA RESOLUTION NO, 2018-025 RELATING TO TRAFFIC AND HIGHWAYS; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE REVISIONS TO THE MARANA TOWN CODE ADOPTED BY MARANA ORDINANCE NO. 2018.008; REVISING MARANA TOWN CODE TITLE 12 (TRAFFIC AND HIGHWAYS) BY ADDING A NEW CHAPTER 12-9 (OVERDIMENSIONAL VEHICLES) BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA., that the revisions to the Marana Town Code adopted by Mara- na Ordinance No. 2018.008, a copy of which is attached to and incorporated in. this reso- lution as Exhibit A, and one paper copy and one electronic copy of which are on file in the office of the 'Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN- OF MARANA, ARIZONA, this 20t11 day of March, 2018, Mayor E -Aonea ATTEST: APPROVED AS TO FORM: celyn Bronson, Town Clerk Fri k Cas Y, Town torney 0- MARANA AZ F c>TA 131.1!3H Fit') 1 97 7 00056110RDOCX/-I Marana Resolution No.2018-025 EXIIIBIT A To MARANA RRA OL UTION.NO. 2018-025 amendments to Marana Town Code, Title 12 "Traffic and Highways"pursuant to Marana Ordinance No. 2018.008 SECTION 1. Title 12 "Traffic and Highways" of the Marana Town Code is hereby revised by adding new chapter 12-9 "overdimensional Vehicles" and the chapter that follows is renumbered to conform: CHAPTER 12-9. OVERDIMENSIONAL VEHICLES 12-9-1 Definition For purposes of this chapter, "overdimensional vehicle" means any vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the limits set forth in A.R.S. title 28,chapter 3,article 18, as amended. 12-9-2 operation of overdimensional vehicles;permit required; non-transferable A. It shall be unlawful to operate or move any overdimensional vehicle on a town street without a special permit issued by the town pursuant to this chapter. B. A special permit issued under this chapter shall be issued pursuant to and in conformity with A.R.S. title 28,chapter 3,article 18, as amended, and Arizona administrative code title 17,chapter 6, as amended. C. A special permit issued under this chapter must be carried in the overdimensional vehicle to which it refers and shall be open to inspection by any police officer or authorized agent of the town. D. A person shall not violate any of the terms or conditions of a special permit. E. All special permits issued pursuant to this chapter are non-transferable. 12-9-3 Application process;fees;non-refundable A. The applicant or the applicant's authorized representative shall submit a written special permit application to the town manager or designee on the form provided by the town for that purpose. B. The application for special permit shall specifically describe the vehicle or vehicles and load to be operated or moved, including the type of vehicle and the number of axles, and the maximum length, width, height, and weight of the vehicle or vehicles and load. C. The application for special permit shall. specifically describe the particular streets for which the permit to operate is requested. D. The application for special permit shall specify whether the applicant is applying for a single trip permit, a 30-day permit, or a one-year permit. 30-day and one-year permits may be issued for the operation or movement of overdimensional vehicles when any load to be carried within the 30-day or one-year period does not exceed the permitted weight and dimensions and 00055208.Dacx/2 EXHIBIT A TO MARANA RESOL UTION NO. 2018-025 Amendments to Marana Town Code, Title 12 "Traffic and Ilighways"pursuant to Marana Ordinance No. 2018.008 the same equipment will be used for the same type load during the permit period. E. If the overdimensional vehicle is to be routed over a bridge, culvert, or similar type of structure under the jurisdiction of the town, the maximum weight Load must be under the maximum load capacity for the particular bridge,culvert,or structure, as determined by the town engineer. F. The applicant, at the applicant's own expense, may be required to submit an engineering analysis certifying that the applicant's overdimensional vehicle will not overstress or damage any element of the transport route or a structure on the route. The engineering analysis must be prepared by an engineer registered by the Arizona state board of technical registration in structural or civil engineering, as prescribed under A.R.S. title 32, chapter 1, according to industry standards. For purposes of this paragraph, an engineering analysis prepared according to the following publications complies with industry standards: 1. The most recently published edition of the American association of state highway transportation officials manual for bridge evaluation, including all interims,standards,or guidelines; 2. The most recently published edition of the American association of state highway transportation officials load and resistance factor design - bridge design specifications, including all interims, standards, or guidelines, and 3. The Arizona department of transportation bridge load rating guidelines and bridge design guidelines G. The applicant shall certify to the town that all information provided on the application is true and correct. H. The applicant shall pay any applicable fees as set forth in a fee schedule adopted by the council and amended from time to time, except that fees shall not be assessed in the following circumstances: 1. When the overdimensional vehicles is owned by the United States government, the state of Arizona, or an Arizona county, city,or town. 2. If a special permit is required by the state of Arizona and the town, the applicant shall pay a permit fee only to the state of Arizona. 3. If a special permit is required by more than one municipality or county, and is not required by the state of Arizona, the applicant shall pay a permit fee only to the municipality or county that has jurisdiction of the streets and highways where the movement of the overdimensional vehicle originates. I. All fees collected pursuant to this section are non-refundable. 00055208.DOCX12 2 E HIBIT A TO..1 ARANA RESOL UTION NO. 20118-025 Amendments to Manana Town Code, Title 12 "Tr qffic and Highways"pursuant,to Manana Ordinance No. 2018.008 J. The town may require an undertaken* g or any other security as deemed necessary by the town manager or designee to compensate for damage to a roadway or road structure. 12-94 Permit issuance or denial. A. A special permit application under this chapter shall be approved unless the town manager or designee determines that any of the following conditions exist: 1. The proposed transport route or a structure on the route is: a. Unable to bear the size or weight of the overdimensional vehicle and load; or b. Under repair;or c. Temporarily closed due to a hazardous condition. 2. An applicant for a permit to transport a mobile home does not provide written proof of ad valorem tax payment or clearance as required under A.R.S. §28-1104. 3. The applicant made a material misrepresentation or misstatement on the permit application or any other document submitted to the town in support of the permit application. B. If the permit is denied, the town manager or designee shall provide written notice of the denial to the applicant. The notice shall include a statement of the reasons the application was denied and may be delivered by first class mail or electronic mail. 12-9-5 classification;enforcement;continuing violations 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 civil infraction. B. This chapter may be enforced in any manner provided for by town ordinances and state laws. C. Each day any violation continues shall constitute a separate offense. 00055208.vocx/2 3