Loading...
HomeMy WebLinkAboutOrdinance 2003.09 Adopting amendments to article 12-4 of the town code relating to off road vehicles F. ANN RODRI~UEZ, RECORDER RECORDED BY: D K DEPUTY RECORDER 7864 PE2 SVaA~A TOWN OF HARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MAI[ANA AZ 85653 DOCKET: 12061 PA~X: 7743 NO. OF PA~ES: 2 SEQUENCE: 20031041087 05/30/2003 0~DIN 16~48 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2003.09 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING AMENDMENTS TO ARTICLE 12~4 (OFF-ROAD RECREATIONAL MOTOR VEHICLES) OF THE TOWN CODE AS MADE INTO PUBLIC RECORD UNDER RESOLUTION 2003-47, RELATING TO OFF-ROAD VEHICLE USE; AND DECLARING AN EMERGENCY TO EXIST. WHEREAS, the Town Council did approve Ordinance No. 96.17, which adopted Chapter 12 of the Town Code entitled "Traffic"; and WHEREAS, the Town Council has amended the Town Code fi.om time to time; and WHEREAS, Chapter 12, Article 12-4 prohibits certain off-road vehicle uses; and WHEREAS, Article 12-4 can be fairly construed so as not to apply to vehicles primarily intended for on-road travel; and WHEREAS, the Mayor and Council of the Town of Marana have determined that it is in the Town's best interest to prohibit certain off-road uses of any vehicle, including those primarily intended for on-road travel, so as to preserve the character and quality of the Town's washes, riverbeds and open spaces; and WHEREAS, t he Mayor a nd Council h ave determined t hat increased protection for the Town's off-road areas is immediately necessary to avoid irreparable harm to the Town's wild areas, and that an emergency exists. WHEREAS, that certain document entitled "AMENDMENTS TO ARTICLE 12-4 (OFF- ROAD RECREATIONAL MOTOR VEHICLES)," embodies all of the changes to Article 12-4 that the Mayor and Council desire to make. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Article 12-4 of the Marana Town Code is hereby amended by adopting that certain document entitled "AMENDMENTS TO ARTICLE 12-4 (OFF-ROAD RECREATIONAL MOTOR VEHICLES)," three copies of which are on file in the office of the Town Clerk, having been made a public record by adoption of Resolution 2003-47. Section 2. Pursuant to Section 12-7-2 of the Town Code, a violation of Article 12-4, as amended, shall be a civil traffic violation. Upon a finding that an owner or operator is responsible for Marana, Arizona Ordinance No, 2003.09 1 9 ? 4 a violation of this article, the Court shall impose a civil sanction of not less than fifty dollars ($50.00) nor greater than two hundred fifty dollars ($250.00), which shall not be suspended. Section 3. An emergency exists, and this ordinance shall become immediately effective upon its adoption to preserve the health, safety and welfare of the Town and its residents. Section 4. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portion of the Town Code. Section 5. All ordinances, resolutions, 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. Section 6. 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 thereof. PASSED AND ADOPTED by the Mayor and Co .uncil 6fthe Town of Marana, Arizona, this 6th day of May, 2003. ATTEST: - Town Clerk APPROVED AS TO FORM: (Darnel J. l~ochuli, Esq. As Town Attorney and not personally 1 O 1 7 7 4 4 Marana, Arizona Ordinance No. 2003.09 .-. Article 12-4 OFF-ROAD MOTOR VEHICLE USE Section 12-4-1 Definitions In this article, 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 recreational vehicle. 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. Section 12-4-2 Prohibited uses A. No person shall operate an off-road recreational vehicle: 1. Upon any portion of any publicly owned wash or riverbed within the town except to cross such wash or riverbed from one bank to another within the boundaries of an existing, clearly defined highway, street, road, primitive roadway, trail or traveled way; or 2. Upon privately owned lands without notarized written consent of the owner, the owner's agent or the person in lawful possession of such property. Such written consent shall be kept within a person's possession while operating an off-road recreational vehicle and shall be shown upon the request of a peace officer; or 3. In such a way as to knowingly cause or contribute to visible dust emissions which then cross property lines into a residential, recreational, 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 comply with the duty of all persons to exercise reasonable care for the protection of others; or 5. In such a way as to damage landscaping on public or private lands, or so as to create significant erosion on such lands; or 6. In such a way as to cause excessive noise which disturbs the peace and quiet of a residential area to the extent that a complaint thereof is made to the police department; or 7. Unless all persons under the age of seventeen years riding in or upon such 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 article. B. No person shall operate a vehicle: 1. Upon any portion of any publicly owned wash or riverbed within the town except to cross such wash or riverbed from one bank to another within the boundaries of an existing, clearly defined highway, street, road, primitive roadway, trail or traveled way; or 2. Upon privately owned lands without notarized written consent of the owner, the owner's agent or the person in lawful possession of such property. Such written consent shall be kept within a person's possession while operating a vehicle and shall be shown upon the request of a peace officer. This provision shall not apply to vehicles traveling upon driveways leading from a public street or highway to a private residence; or 3. In such a way as to knowingly cause or contribute to visible dust emissions which then cross property lines into a residential, recreational, institutional, educational, retail sales, hotel or business premises; or 4. In such a way as to damage landscaping on public or private lands, or so as to create significant erosion on such 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 article. ,... Section 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 operating such off-road recreational vehicles and shall show such documents upon the request of a peace officer. If an operator is unlicensed, then recent picture identification shall be carried. B. For the purposes of this section, identification for minors may include a school picture identification with school or home address or a notarized statement consisting of the minor's physical description and home address which is signed by a parent or guardian. Section 12-4-4 Exempt uses The provisions of this article 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, public 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. Section 12-4-5 Exempt locations The provisions of this article shall not apply: A. To vehicle or off-road recreational vehicle operators on their own property, except when creating dust emissions as set forth in section l2-4-2(A)(3) or section 12-4- 2(B)(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 such roadway.