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Home My WebLink AboutResolution 2007-092 declaring town code title 13 relating to parks and recreation a public record MARANA RESOLUTION NO. 2007-92 RELATING TO PARKS AND RECREATION; DECLARING THE REVISIONS TO TOWN CODE TITLE 13 ADOPTED BY MARANA ORDINANCE NO. 2007.15 AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The revisions to Town Code Title 13 (Parks and Recreation) adopted by Marana Ordinance No. 2007.15, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of June, 2007. ATTEST: ~",nrn?!/~ ~_,OF~ ~ ~. ..\. ~""",,,,,~"2.: ~ ;::O~~ ,,~~ .... L - S CORPORATE" \.". ~ _r-::: cx:>o ='_ = =S ==- ... ~ ~ ... ~ ~ EAL ~ ::!!! ~, ~ S iI"'~ ~ "'II""\\\'~ ~ ~,,;!? 4, 9:~' ~ . ronson, Town Clerk t!~ Mayor Ed Honea :/ {0000490I.DOC /} JHF 5/25/07 MARANA ORDINANCE NO. 2007.15 RELATING TO PARKS AND RECREATION; AMENDING TITLE 13 OF THE MARANA TOWN CODE, SECTIONS 13-1-3 AND 13-1-4 REGARDING POSSESSION AND DISCHARGE OF FIREARMS AND OTHER WEAPONS IN TOWN PUBLIC PARKS; AND DECLARING AN EMERGENCY. WHEREAS the Town Council is authorized by A.R.S. ~ 13-3108 to adopt ordinances and rules regarding the possession and discharge of firearms in Town parks; 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 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinim!): Section 13-1-3 Use and occupancy rules and regulations A. It is unlawful in any town park to: 1. Operate motorbikes, motorcycles or other motor vehicles on trails, or cross country or on primitive unsurfaced roadways that have been posted, signed or barriered to prohibit vehicle use or on lawns or landscaping. 2. Operate a motor vehicle except on roads and parking areas designated for those purposes; to operate a motor vehicle at a speed greater than that posted or to fail to obey traffic signs. In all cases, motor vehicles shall be operated in compliance with the Arizona Mmotor V:iehicle code as provided under title 28, A.R.S., while within the boundaries of any town parks or recreation area. 3. Destroy, damage, deface or remove any town regulatory sign, property or facility owned or administered by the town. 4. Use town park or recreation areas for commercial purposes, public meetings or assemblies, erection of signs, fences, barriers or structures, to distribute advertising materials or to sell any goods or services without first obtaining a written permit from the town. 5. Litter, deposit or abandon in or on any town park, parkway or recreational facility any garbage, sewage, refuse, trash, waste or other obnoxious materials except in receptacles or containers provided for those purposes. These receptacles are not to be used for residential trash disposal. {00004896.DOC /} - 1 - JHF 5/25/07 6. Enter upon or use for any purpose the land, water or facilities within the boundaries of town parks and recreation areas when a fee, rental, admission or other consideration has been established for that use, unless the person entering or using the land, water or facility has paid the fee, rental, admission or other consideration to the town. 7. Enter, use or occupy public parks or recreation areas under the supervision and control of the town for any purpose when the parks or areas are posted against that entrance, use or occupancy. 8. Possess, cnrry or discharge firearms or other II/eapons in the town public parks except in designated rifle or pistol ranges, to s~hoot with bow and arrow except in designated archery ranges or for specific purposes, locations and seasons as licensed and permitted by Arizona Ggame and Ffish regulations. 9. Bring saddle, pack or draft animals into a town park site unless it has been developed to accommodate them and is posted accordingly. 10. Allow grazing or forage consuming domestic livestock to graze or to roam at-large within the fenced or posted boundaries of town parks. 11. Build fires, except in designated places, or in fireplaces, stoves or grills either provided or approved by the town. 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. 13. Collect, remove, destroy, mutilate, damage or deface any natural resource including but not limited to all live and dead vegetation and all parts of it, wildlife, soil, rocks and water, except as otherwise provided for by law or without obtaining prior written approval from the town. Except as otherwise planned for and provided for by the town, all environmental settings shall be kept in their natural state. 14. Bicycle, skateboard, roller skate or roller blade on tennis or basketball courts, or on any other surface which is marked to prohibit these activities. 15. Possess glass containers. 16. Possess or carrv a firearm under the followina circumstances: a. In a Dark of one sauare mile or less in area that is oosted with reasonable notice statina the followina: "Carrvina a firearm in this Dark is limited to oersons who oossess a oermit issued oursuant to A.R.S. S 13-3112." b. In a develooed or imoroved area of a oark. orovided that the Dark is more than one sauare mile in area and that the develooed or imoroved area is oosted with reasonable notice statina the followina: "Carrvina a firearm in this develooed or imoroved area is limited to oersons who oossess a oermit issued oursuant to A.R.S. S 13-3112." c. This suboaraaraoh 16 shall not aoolv to a oerson: i. Possessina a concealed weaoons oermit issued oursuant to A.R.S. S 13-3112: {OOO04896.DOC I} - 2 - JHF 5/25/07 ii. Enaaaed in a oermitted firearms or hunter safetv course conducted in a Dark bv a certified hunter safetv instructor or certified firearms safetv instructor: iii. At a orooerlv suoervised ranae as defined in AR.S. & 13-3107. a oermitted shootina event. a oermitted firearms show or in a oermitted huntina area: iv. Leaallv transoortina. carrvina. storina or oossessina a firearm in a vehicle: v. Goina directlv to or from an area where the oerson is lawfullv enaaaed in huntina. marksmanshio oractice or recreational shootina: vi Traversina a trailhead area in order to aain access to areas where the oossession of firearms is not limited: vii. Usina trails. oaths or roadwavs to ao directlv to or from an area where the oossession of firearms is not limited and where no reasonable alternative means of access is available. d For the ourooses of this suboaraaraoh 16: i. "Develooed or imoroved area" means an area of orooertv develooed for oublic recreation or familv activitv. includina oicnic areas. concessions. olavarounds. amohitheaters. racauet courts. swimmina areas. aolf courses. zoos. horseback ridina facilities and boat landina and dockina facilities. but excludina camoarounds. trails. oaths or roadwavs. exceot trails. oaths or roadwavs directlv associated with and adiacent to desianated develooed or imoroved areas. ii. "Firearm" means anv loaded or unloaded handaun. oistol. revolver. rifle. shotaun or other weaoon that will exoel. is desianed to exoel or mav readilv be converted to exoel a oroiectile bv the action of an exolosive. but does not include a firearm that is in oermanentlv inooerable condition. iii. "Reasonable notice" means notice that is reauired bv section 13-1-3 (A)(16)(a) and (b) and that .is consoicuouslv oosted at all oublic entrances and at intervals of one-fourth mile or less where the Dark or develooed or imoroved area has an ooen oerimeter. 17. Discharae a firearm. a. This suboaraaraoh 17 does not aoolv to a oerson who discharaes a firearm under the followina circumstances: i. As allowed oursuant to AR.S. title 13. chaoter 4: ii. On a orooerlv suoervised ranae as defined in AR.S. & 13-3107: iii. In an area recommended as a huntina area bv the Arizona aame and fish deoartment and aooroved and oosted as reauired bv the chief of oolice: orovided. however that anv such area mav be closed when deemed unsafe bv the chief of oolice or the director of the Arizona aame and fish deoartment: iv. To control nuisance wildlife bv oermit from the Arizona aame and fish deoartment or the United States fish and wildlife service: {00004896.00C /} - 3 - JHF 5/25/07 v. Bv sDecial Dermit of the chief of Dolice: vi. As reauired bv an animal control officer in Derformina duties sDecified in A.R.S. & 9-499.04 and title 11. chaDter 7. article 6 and title 6 of this ~ vii. In self-defense or defense of another Derson aaainst an animal attack if a reasonable Derson would believe that deadlv Dhvsical force aaainst the animal is immediatelv necessarv and reasonable under the circumstances to Drotect oneself or the other Derson. b. For the Durooses of this subDaraaraDh 17. "firearm" carries the same meanina as defined in section 13-1-3(A)(16)(d)(jj). B. Hours of park established. The parks and recreation areas, unless otherwise posted, shall be open from 7:00 a.m. until 10:00 p.m. SECTION 2. Section 13-1-4 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinin2:): Section 13-1-4 Violations and penalties A. ExceDt as Drovided in DaraaraDh B. a A person or corporation who violates any of the foregoing rules and regulations is guilty of a class 1 misdemeanor, punishable by a maximum fine of $2,500, a maximum term of incarceration of six months, and a maximum length of probation of three years. B. A Derson or corooration who violates section 13-1-3(A)(17) is auiltv of a class 2 misdemeanor. Dunishable bv a maximum fine of $750. a maximum term of incarceration of four months. and a maximum leneth of Drobation of two years. SECTION 3. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, 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 st\<(ffitt June, 2007. ~\'\OF ~/~ ~~~"'''''''",;;J:~ :: ,9/cO\l,PORATi\~~ = ! 000 = _ - -SEAL:: - .. ~.., ~... ~ te ;: ~ ~ ~~... -#;:: ~.....",..:tllm~\'\:1\ ~ ..""" . '-" ',.'d> ;.' ~ <t.f4ijdn\\~ flff:1: ...:: F J ATTEST: {OOO04896.DOC /} - 4- JHF 5/25/07