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HomeMy WebLinkAboutOrdinance 2007.015 Amending title 13 of the town code relating to weapons and firearmsF. ANN RODRIGUEZ, RECORDER DOCKET: 13072 RECORDED BY: C-V DEPUTY RECORDER 1016 PE1 S14ARA TOWN OF 14ARANA I ?p PAGE: NO. OF PAGES: SEQUENCE: ORDIN 3045 4 20071110720 06/08/2007 16:20 ATTN: TOWN CLERK 1Z 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 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 firearrns 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 str-ikeeets and additions shown with double underlining): 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-yehicle 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 - JHF5125107 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, GaFry OF disGhaFge fireaFrns eF etheF weapons iR the tewn pu paFks exGept on desigRated Fifle OF Pi6t9l Fanges,,-te-s?ahoot with bow and arrow except in designated archery ranges or for specific purposes, locations and seasons as licensed and permitted by Arizona Gqame 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 carry a firearm under the following circumstances: a. In a park of one squar e -mile or less in area that is posted with reasonable notice stating the following: "Carrying a firearm in this par is limited to persons who possess a permit issue d pursuanLto A.R.S. b, In a developed or improv ed area of a park, provi ded that the park is more than one square imil e in area and that the de veloped area is posted With reaso nable notice stating the fo llowing: forearm On this developed or improved area is lim ited to persons who ppaseas-aL.permit issued p ursuant to A.R.S. § 13-31 12." {00004896.DOC /) -2- JHF 5125107 io. Engaged in a per mitted fi rear ms o r hunter safety course -conduct ed in a park by a ce rtified h unte i sa fety instructor or certified fire arms safety instruc= At a properly s uperyuse d ra ng "s defined in A .R.S. 13-310 7, permitted shooti ng evenL sIA2 e-rm itted firearms sh ow or 3 nenn itted hunting are - iv, Legally transpor ting, car ryin g, s tc ,e ssing a fiLeamL in-je- yehLc& v. Goong derectly to or fro m an area where the person is la wfull- engaged in hunt ing, mark sma nsh ip practice or re creatmonal shool bX vi. Travers*ng a tra ilhead a rea in o rder to gain acc ess to areaB w hem the possess*on o vii. Useng trails, pa f firearm ths or r s is oad not way lmm* - s to go directly to or fmm an area where the of f irea rms is not lim ited and whff B-m reasonable alter native m eans of access is availa ble- L "Dev eloped or improved area" means an area of propertyjdeyek? 20 for publffic recreation or family activ*t y, includeng picniQ-sq[e a-s, playgrounds, amphitheaters , racquet courts, area s, golf courses, zoos, horseback rid6n g facilities and boat and docking facilitmes, but excluding ca mpgrounds, trails, Daths or road ways, except trails. paths or roadwa ys dorectly assocualed with and ii. Tgre admacent to desognated developed or i arm" means any loaded or unloade mpr areas. d handgun, post rifle, shotgun or other weapon that will ex pel, is des*gned to expe l or 10 ... he converted to expel a r oiectile by the action QL -m -- expl - osive, but does not Onclude a firea rm that is in pennane ntly inop iii. "Re erable mndotion, asonable notice" means notice that "s required by sectoon 13- 1-3 (A)d 6)(a) and (b) and- that is conspicu ously -posted at alLpu bk entr ances and at intervals of one-fourth mile or less whe or d eveloped or imprpved area has a . leteL In an area recommended as a hunting area by the Arizona-??? fish department and approved and posted as required by tbe-chief of police; proyded, however, that any-such area may be closed when deemed unsafe by the chief of poli-Qe or the derector of the Ar*zona game and fosh de;)artment;. (00004896.DOC /) -3 - JHF 5125107 v. By special permit of the chief of poRm b. For the purposes of this subparagraph 17, "firearm" -carries the same defined in section 13-1-3(A)(16)(d)(iij 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 st6keeets and additions shown with double underlinjUg): Section 13-1-4 Violations and penalties A. Except as provided On paragraph Q, 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 person or corporation who violates section 13-1-3(A)(17) is g class 2 misdemeanor, punishable by a maximum fine of $750, a maximum term of incarceration of four months, and a a . - -. h of probatiQn-Qf 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 I th of June, 2007. t?',"Ar?z OF V.#, SEAL ATTEST: -r all - 0 INV nson, Town Clerk C, #,r 0 dayor Ed Honea APPRCKED AS TO FORM: ,Town A q1 I (00004896.DOC /) -4- JHF 512 510 7 WHEN RECORDED, RETURN TO: TOWN OF MARANA OFFICIAL RECORDS OF ATTN: TOWN CLERK 18%,_ 75 PINAL COUNTY RECORDER J 11555 WI CIVIC CENTER DRIVE - LAURA DEAN-LYTLE MARANA, ARIZONA 85653 DATE/TIME: 06/19/07 1138 FEE: $12.00 PAGES: 4 FEE NUMBER: 2007-071391 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 strikeauts and additions shown with double un&Llining): 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-yehicle 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 /) - I - JHF5125107 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. Ressess, GaFFy eF diGGhaFge fiFeaFFn6 9F etheF weapons On the tewR pu paFks ex6ept in deSigRated Fifle eF PiStGl Fange6, to 6§hoot with bow and arrow except in designated archery ranges or for specific purposes, locations and seasons as licensed and permitted by Arizona Gqame 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. reasonable notice stating the fbIloweng: "Carryi ng a firear m in th us par is limited to persons who possess a permit iss t to A.R.S. b, In a developed or improv ed area of a park, p rovided th at the park more than one square rnil e in area and that the develope d area as posted with reaso nable notice stating th e following : " Ga firearm in this developed or improved area is limited to perso ns who pp3aeas-"ermit issued p ursuant to A.R.S. § 13 -3112." 100004896.DOC /} -2- JHF 5125107 fi. Engaged in a p ermifted firearms or hunter safe ty course cQnducted in a park by a c ertified hunter safety instructo r or certified firearms safety bstru-c iii, At a properly = supervised range as defined i n A.R.S. 13-3107, permifted shoo ting event, a permitted forearms sh gmiUed hunting ar= iv. Legally transp ortino, carrying, stc ;essong a firearm in a v. Go*ng d6rectly to or from an area where t he person-is-lamdWly engaged in hu nting, marksmanshiDixactice or recreational sboplbg; vi, Traversing a t railhead area in order to gain- access to a[eaa-wllm the possesmn yu- Using trails, of firearms ms not I*m"ted; paths or roadways to go direc tly JQ or from an area where the of firearms is not l inifted and where no - reasonable alt ernative means of access as ava ilabLe- i. "Deve loped or improv ed ar ea" means an area of property.?? for publ*c re creatio n or family activity, including picnic areas, playgro unds , amphtheaters, rarAuet courls,3wmjmM area s, aolf cou rses, z oos, horseback ridona facifltLes and boat hinding and docking f acilities , bu t excluding campgraunds, traals, -paths or road ways, exc ept tra ils, p aths or mdways directly assocoated with and H. "Fire adwacent t arm" mea o desig ns any nate load d developed or imp y areas, ed or unloaded handgun, pistol, revolver. rifle, shotgun- or othe r wea pon that will expel, is desIgned to expel o may readily-b e conv erted to expel a pr-Qoectile by the action. of an expl osive, but does not include a firearm that as in p inop iim. "Rea erable con sonable n dition, otice" mea ns notice that is required by se-ction 13-1-3 (A)( 16)(a) and (b) a nd- t hat -is cons p*cuously- -posted at al entr ances and at inte rvals of one-fourth mile or less whe or d eveloped or impr pved area has a . LeleL fOO004896.DOC /} -3- JHF 5125107 v. By special permit Qf.the chief oj police* yi. As required by an.animal conWQLQff0cer in..performing duties specifLe-,dj in A.R.S. §.9-499.04 and title 11, chapter 7, adLcle 6 and titl this Mft vii. In self-defense or defense of - gotber person against an animal attack if a reasonable person would believe thaLdeadly physig?g against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the offiff-person. b. For the purposes of this subparagraph 17, "firearm" carries the-s-a= Aefin ' * '. hia--L-am 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 st-fikeouts and additions shown with double undpElji "in ): Section 13-1-4 Violations and penalties A. Except as provided in paragr 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 person or corporation who violates sechon 13-1-3(A)(17) is a class 2 misdemeanor, punishable by a maximum fine of $750, a- term of ingargeratign, of four months, and a maximurn length of Probation 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 ..June,2007. Z MARANA, ARIZONA, thi'0j'j*,V OF V, S6 Mayor Ed Honea fOO004896.DOC /) -4- JHF5125107