HomeMy WebLinkAboutOrdinance 2022.019 Revising Marana Town Council Code Title 2 Mayor's Emergency Powers r i GABRIELLA CAZARES-KELLY, RECORDER 1,41. 111 1 111 II II III II H 1111111111
Recorded By: LW 0�
DEPUTY RECORDER ��i tip SEQUENCE: 20222940045
41 i
SMARA m PIMA COUNTY�� NO. PAGES: 2
fiEG�421/ •OFFSCF,�," 10/21/2022
TOWN OF MARANA '�
10:00:19
.C_KUP �r
MARANA ORDINANCE NO. 2022.019
RELATING TO MAYOR AND COUNCIL;REVISING MARANA TOWN CODE TITLE 2
(MAYOR AND COUNCIL), CHAPTER 2-2 (COUNCIL ELECTION), SECTION 2-3-4
(POWERS AND DUTIES OF THE MAYOR) TO PROVIDE THAT THE MAYOR'S
EMERGENCY POWERS DO NOT INCLUDE THE POWER TO CLOSE BUSINESSES;
AND DESIGNATING AN EFFECTIVE DATE
WHEREAS A.R.S. § 26-311 authorizes the mayor of an incorporated municipality
to declare a local emergency under appropriate circumstances,and to govern during such
an emergency by proclamation with the authority to impose all necessary regulations to
preserve the peace and order of the municipality; and
WHEREAS the 55th Arizona Legislature adopted HB2107, signed by the governor
on March 30, 2022, which provides that a mayor's powers during a local emergency do
not include the authority to order the closure of businesses; and
WHEREAS the Mayor and Council of the Town of Marana find that the revisions
adopted by this ordinance are in the best interest of the Town of Marana and the general
public.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 2(Mayor and Council),chapter 2-2(Council
election), section 2-3-4 (Powers and duties of the mayor) is hereby amended as follows
(with deletions shown with strikeouts and additions shown with double underlining):
2-3-4 Powers and duties of the mayor
[No revisions to paragraphs A through D]
E. The mayor may,by proclamation, declare a local emergency to exist due to
fire, conflagration, flood, earthquake, explosion, war, bombing or any other
natural or man made calamity or disaster or if there is the threat or occurrence
of riot,rout or affray or other acts of civil disobedience which endanger life or
property within the town. After declaration of an emergency, the mayor shall
govern by proclamation and impose all necessary regulations to preserve the
peace and order of the town, excluding the ordering of the closure of
businesses,but including the following but not limited to:
1. Imposition of a curfew in all or any portion of the town.
00083946.DOCX/1
Ordinance No.2022.019 - 1 -
1
2. Ordering the closing of any business.
23:Closing to public access any public building,street or other public place.
34. Calling upon regular or auxiliary law enforcement agencies and
organizations within or without the political subdivision for assistance.
[No revisions to paragraph F]
SECTION 2. The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. 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 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, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 5. This ordinance shall be effective the 31st day after its adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 18th day of October, 2022.
Mayor Ed Honea
ATTEST: APPROV D AS TO FORM:
-,,Apr
David . Udall, Town Clerk Jairall, Town Attorney
P<S&
MARANA AZ
ESTABLISHED 1977
00083946.DOCX/1
Ordinance No.2022.019 - 2-