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HomeMy WebLinkAboutOrdinance 2003.29 Amending chapter 11 of the town code relating to unruly residential activities F. ANN RODRIGURZ, RECORDER ~ECORDED BY: NMB DEPUTY RECORDER 1134 PE2 St63tRA TOWN OF MARItNA ATTN.' TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 12182 iPAGE: 2107 O. OF PAGES: 5 EQUENCE: 20032250729 11/21/2003 RDIN 15:12 MAIL AMOUNT PAID MARANA ORDINANCE NO. 2003.29 $ 8.00 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING THAT CERTAIN DOCUMENT ENTITLED "TOWN OF MARANA UNRULY RESIDENTIAL ACTIVITIES ORDINANCE" BY REFERENCE AND CODIFYING IT IN THE MARANA TOWN CODE WITHIN CHAPTER 11 "OFFENSES" BEGINNING AT NEW SECTION 11-9-1; ADOPTING THE REGULATIONS SET FORTH THERE AS CONTROLLING LAW OF THE TOWN OF MARANA AND REPEALING ALL CONFLICTING RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF MARANA; AND DECLARING AN EMERGENCY. WHEREAS, the document referred to in this Ordinance as the "Unruly Residential Activities Ordinance" is a public record at least tkree copies of which are filed in the office of the Clerk of the Town of Marana and kept available for public use and inspection, and which shall, after adoption of this Ordinance, be incorporated into the Town Code of the Town of Marana, at least three copies of which shall continue to be kept available for public use and inspection both with the office of the Town Clerk and on the Town's internet website; and WHEREAS, the Mayor and Council of the Town of Marana find that the Unruly Residential Activities Ordinance will advance the public health, safety and welfare of the community by maintaining the peace and tranquility of residential areas of the Town. NOW, THEREFORE, BE IT ORDAINED bythe Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The Unruly Residential Activities Ordinance is incorporated here by reference and is adopted into and made part of the Town Code of the Town of Marana, to be codified beginning at Town Code Section 11-9-1. Section 2. In conformance with A.R.S. § 9-803, the penalty clauses of the Unruly Residential Activities Ordinance are as follows: The Unruly Residential Activities Ordinance provides for the posting of a highly visible notice on premises where violations of the Ordinance occur. The owner, occupant, or tenant of the posted premises shall be responsible for ensuring that the notice is not removed, defaced, or concealed. The removal, defacement, or concealment ora posted notice shall be a civil infraction carrying a penalty of a minimum, mandatory one hundred dollar ($100.00) fine, in addition to any other penalties which may be imposed under the Unruly Residential Activities Ordinance. Marana Ordinance No. 2003.29 Page 1 of 2 The occurrence o fan unruly residential activity on the same premises more than once in any one hundred twenty-day (120) period shall be a civil infraction. The penalty for a party found responsible for the occurrence of a subsequent unruly residential activity shall be a minimum mandatory fine of five hundred dollars ($500.00) for a first violation, a minimum mandatory fine of one thousand dollars ($1,000.00) for a second violation, and minimum mandatory fines of one thousand five hundred dollars ($1,500.00) for each third or subsequent violation. The civil fines provided in the Unruly Residential Activities Ordinance shall be in addition to any other penalties imposed by law for particular violations of law committed during the course of the unruly residential activity. Section 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to the Unruly Residential Activities Ordinance. Section 4. 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, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 5. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this ordinance become immediately effective; therefore, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18t~ day of November, 2003. MAWR. ATTEST: "'APPROVED AS TO FORM: Marana Ordinance No. 2003.29 Page 2 of 2 TOWN OF MARANA UNRULY RESIDENTIAL ACTIVITIES ORDINANCE Section 11-9-1 Unruly residential activities unlawful. An unruly residential activity is an activity on property used for residential purposes which causes a disturbance of the quiet enjoyment of private or public property by any person or persons, and shall be unlawful. Such 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 residential activity may be abated by reasonable means including, but not limited to, citation or arrest of violators under applicable ordinances or state statutes. Section 11-9-2 Notice of unruly residential activity-posting. (a) The premises where the unruly residential activity occurs shall be posted with a notice stating that an tmruly residential activity has occurred at the premises. The notice shall state the date of the unruly residential activity, and that any subsequent unruly activity on the same premises within a one hundred twenty-day (120) period shall result in liability for the penalties provided in this article. Parties liable include any persons in attendance causing the unruly activity, or any owner, occupant or tenant of the premises where the unruly activity occurred, or any sponsor of the event constituting the unruly activity. For purposes of this article, 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. I f premises a re already posted a t t he time o f a subsequent posting, the one hundred twenty-day (120) period fi.om the date of the existing posting shall be extended to one hundred twenty (120) days fi.om 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 article. (c) The owner, occupant, or tenant of the posted premises shall be responsible for ensuring that the notice is not removed, defaced, or concealed. The removal, defacement, or concealment of a posted notice shall be a civil infi'acfion carrying a penalty of a minimum, mandatory one hundred dollar ($I00.00) fine, in addition to any other penalties which may be imposed under this article. The owner, occupant or tenant of the premises or sponsor of the unruly residential activity, if present, shall be consulted as to the location in which such notice is posted in order to achieve both the security of the notice and its prominent display. (d) An owner, occupant, or tenant of the posted premises may contest the posting of the notice by filing a written application for a heating with the Marana Municipal Court ! 2 requesting that the court determine whether justification existed for posting of the notice under the provisions of this article. The application shall be filed within ten (10) days after the posting of the notice or, if the notice is given by mail, within ten (10) days after mailing of the notice, and not thereafter. The court shall set a time and date for a heating to b e h eld n o 1 ater than fifteen (15) days after receipt o f t he written application for a hearing and shall notify both the applicant and the Town's prosecutor of the heating date. At the hearing, the Town shall prove by a preponderance of evidence that the posting of the notice was justified pursuant to the provisions of this article. (e) The term "owner" as used throughout this article includes any agent of owner acting on behalf of the owner to control or otherwise regulate the occupancy or use of the property. Section 11-9-3 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 one hundred twenty (120) days on the same premises shall result in liability of the property owner for all applicable penalties as provided in this article. Notification shall be made by certified mail. The return receipt shall be prima facia evidence of service. Section 11-9-4 Subsequent unruly residential activity a civil infraction; parties liable. The occurrence of an unruly residential activity on the same premises more than once in any one hundred twenty-day (120) period shall be a civil infraction. The following parties, if found responsible for such an infraction, shall be liable for the penalties provided in Section I 1-9-5. (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 11-9-3 and that the unruly residential activity occurred not less than two (2) weeks after the mailing of such notification. (2) The owner, occupant, or tenant of the property where the unruly residential activity occurred. (3) The person or persons who organized or sponsored the event constituting the unruly residential activity. (4) Any person in attendance at the unruly residential activity who engaged in any conduct chusing the activity to be unruly. 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, ! i 0 for the conduct of persons 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 necessary 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 attributable to the owner, occupant, tenant or sponsor for the purposes of determining liability under this section. Section 11-9-5 Penalties. The penalty for a party found responsible for the occurrence of a subsequent unruly residential activity, as provided in Section 11-9-4, shall be a minimum mandatory fine of five hundred dollars ($500.00) for a first violation, a minimum mandatory fine of one thousand dollars ( $1,000.00) for a second violation, a nd minimum mandatory fines o f one thousand five hundred dollars ($1,500.00) for each third or subsequent violation. The civil fines provided herein 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. The court may also enter an order of abatement aga'mst a party found responsible for a violation of this article. Section 11-9-6 Enforcement. The police department is authorized to enforce the provisions of this article 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. 1 I 8