HomeMy WebLinkAboutOrd 1996-38 ORDINANCE 96-38
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN CODE,
CHAPTER 7,BUILDINGS AND BUILDING REGULATIONS,ARTICLE 7-1
TECHNICAL CODES, SECTION 7-1-1, ADOPTION BY REFERENCE;
VIOLATIONS; ADOPTING BY REFERENCE,PURSUANT TO A.R.S. § 9-
802, CERTAIN PUBLIC RECORDS KNOWN AS THE UNIFORM
BUILDING CODE, 1994 EDITION AND ALL SUPPLEMENTS, THE
UNIFORM MECHANICAL CODE, 1994 EDITION AND ALL
SUPPLEMENTS, THE NATIONAL ELECTRICAL CODE, 1993 EDITION
AND ALL SUPPLEMENTS INCLUDING THE TOWN OF FOUNTAIN
HILLS AMENDMENTS TO THE 1993 NATIONAL ELECTRICAL CODE,
THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1994
EDITION AND ALL SUPPLEMENTS, THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION, AND ALL
SUPPLEMENTS,AND THE UNIFORM PLUMBING CODE, 1994 EDITION
AND ALL SUPPLEMENTS; AMENDING ARTICLE 7-2, FEES, DELETING
ARTICLE 7-3, MAG STANDARD SPECIFICATIONS AND UNIFORM
DETAILS FOR PUBLIC WORKS CONSTRUCTION; AMENDING
ARTICLE 7-9, AUTOMATIC FIRE EXTINGUISHING SYSTEMS,
ADOPTING BY REFERENCE, PURSUANT TO A.R.S. § 9-802, THE
UNIFORM FIRE CODE, 1994 EDITION INCLUDING THE FOUNTAIN
HILLS FIRE DISTRICT AMENDMENTS TO THE 1994 UNIFORM FIRE
CODE; PROVIDING PENALTIES FOR VIOLATION THEREOF, AND
DECLARING AN EMERGENCY.
BE IT ORDAINED,BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That Chapter 7, Buildings and Building Regulations, Article 7-1, Technical Codes,
Section 7-1-1, Adoption by Reference; Violations, is hereby amended as follows:
Section 7-1-1 Adoption by Reference; Violation
A. The following listed publications, three copies of which are on file in the office of the
town clerk AND WHICH ARE AVAILABLE FOR PUBLIC INSPECTION
DURING NORMAL BUSINESS HOURS, are hereby adopted by reference
TOGETHER WITH ALL APPENDICES AND SUPPLEMENTS THERETO,as if
set out at length in this code:
1. The Uniform Building Code, 1991 1994 Edition and all supplements,
VOLUMES 1, 2, AND 3, EXCEPT THE FOLLOWING:
&FAIL I l— a I — q 1p
MOTION .‘ G��SlNak _.
Page 1 of 11 SECOND 7A Y TA\FH\ORD\1996-ORD\%;ss.oaD
COUNT .1--t)
(a) Except the fulluwiii iirScction 301 (b):
WORK EXEMPT FROM PERMIT
WITH THE FOLLOWING AMENDMENT TO SECTION 106.2:
2. Fences not over thirty(30) inches high.
5. Retaining walls which are not over two (2) feet in height
measured from the bottom of the footing to the top of the
wall,unless supporting a surcharge or impounding flammable
liquids.
11. Prefabricated swimming pools accessory to a Group R,
Division 3 Occupancy in which the pool walls are entirely
above the adjacent grade and with the container being
eighteen(18)inches or more in depth and/or wider than eight
(8) feet at any point measured on the long axis.
(b) With the fi,lluwing amendments to Seitiun 308 (a):
CERTIFICATE OF OCCUPANCY
See.308.(a)U3e and-Ottupavcy. No building or Ali u�lui c-Tall-Uc
classification--of-a-building--or-structure-or portion-thereof-shall-be
made-until-the-building-official-hasissual-a-C-ertificate-of Occupancy
Issuance of a Certificate of Occupancy shall nut be coast'ueias aft
approval-of-a-violation-of the-provisions-of-this-code-or-of-other
uidi uuiee3 of the juiisdicli011. ECltifn,ates presuming to give authority
to violate or cancel the p1 ovisions of this code or othe1-ordinances of
DELETE"EXCEPTION"OF SECTION 109.1 IN ITS ENTIRETY.
(C) GUARDRAILS
WITH THE FOLLOWING AMENDMENT TO SECTION 509.1:
A NEW SENTENCE IS ADDED TO THE FIRST PARAGRAPH
WHICH READS: "GUARDRAILS MAY BE REQUIRED IN
OTHER AREAS, AS DEEMED NECESSARY AND
APPROPRIATE BY THE BUILDING OFFICIAL OR HIS DULY
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AUTHORIZED REPRESENTATIVE.
(D) SAFETY GLAZING
AMEND SECTION 2406.4, PARAGRAPH 9.2 AS FOLLOWS:
9.2 THE GLAZING IS WITHIN FIVE(5)FEET(1525 MM) OF
THE WATER'S EDGE OF A SWIMMING POOL OR SPA.
2. The Uniform Mechanical Code, 1994 Edition and all supplements, AS
PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS.
3. The National Electrical Code, -1-990 1993 Edition and all supplements,
INCLUDING THE TOWN OF FOUNTAIN HILLS AMENDMENTS TO
THE 1993 NATIONAL ELECTRICAL CODE.
- - - - - - - -
4. The Uniform Swimming Pool, Spa and Hot Tub Code,1-99-F 1994 Edition and
all supplements, WITH THE FOLLOWING EXCEPTION:
SECTION 1.7 IS DELETED.
5. The Uniform Code for the Abatement of Dangerous Buildings, 991 1994
Edition and all supplements.
6. The Uniform Plumbing Code, 1994 Edition and all supplements, with
the following exceptions:
a Replau,ung Table 10-2 with"Attachment A"
b. Add to Section 409(B)the fulluwiiig la igaage."Forthc-purposes of
sulnliiued to the town, ivvicwvd and approved by llicFuuiilai,i II►H�
Sanitary-District and the town building offit al. The luwii ui the
Fountain Hills Sanitary Dibtritt may require tl,c--debis1l tu-be
SECTION 102.3.2 IS DELETED.
7. THE MARICOPA ASSOCIATION OF GOVERNMENTS STANDARD
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SPECIFICATIONS AND UNIFORM DETAILS FOR PUBLIC WORKS
CONSTRUCTION.
B. It is unlawful for any person to violate any of the provisions of the publications
adopted in subsection A of this section.
Section 2. That pursuant to A.R.S. § 9-802, certain documents known as the"Uniform Building
Code, 1994 edition and all supplements," the "Uniform Mechanical Code, 1994 edition and all
supplements as published by the International Conference of Building Officials," the "National
Electrical Code, 1993 edition and all supplements including the Town of Fountain Hills Amendments
to the 1993 National Electrical Code," the"Uniform Swimming Pool, Spa and Hot Tub Code, 1994
edition and all supplements," the"Uniform Code for the Abatement of Dangerous Buildings, 1994
edition and all supplements," and the Uniform Plumbing Code, 1994 edition and all supplements,"
three copies of which are on file in the office of the town clerk of the Town of Fountain Hills and are
available for public use and inspection during normal business hours, which documents were declared
public records within the meaning of A.R.S. § 9-801 by Town of Fountain Hills Resolution 1996-85
are hereby referred to, adopted and made part hereof as if fully set out in this ordinance.
Section 3. That Fountain Hills Town Code Chapter 7, Buildings and Building Regulations,
Article 7-2, Fees, is hereby amended to read as follows:
ARTICLE 7-2 FEES
A. The Uniform Building Code, 1991 1994 Edition, -
VOLUME 1, SECTION 107 AND TABLE 1-A, Building Permit Fees shall be
adopted, except that the permit fee for new single-family and two-family dwellings
shall be a single fee, containing structural, architectural, electrical, mechanical and
plumbing systems, and shall be$0.26 per square foot or major fraction thereof of the
total floor area under roof, including covered patios, basement and all area enclosed
within the building walls and roof overhangs.
B. The permit fee for new structures, except for new single-family and two-family
dwellings, and for all renovation, remodeling and repairs, shall be based upon the
valuation of the construction for which the permit is issued based on Table 3-A
TABLE 1-A.
C. The determination of value or valuation under a provision of this code shall be made
by the Building official. Unless otherwise provided, in all cases in which the building
permit fee is based upon the value of construction work, the value to be used in
computing the building permit shall be the total value of all construction work for
which the permit is issued as well as all finish work, painting, roofing, electrical,
plumbing, heating, air conditioning, elevators,fire extinguishing systems and any other
permanent equipment; provided, however, that the minimum valuation for the type
of construction for which the permit is issued shall be the cost for such construction
as listed in that issue of the publication entitled Building standards (or equivalent
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thw publication of the International Conference of Building Officials) published
immediately preceding the date of the issuance of the permit, with adjustment for
regional variations.
D. Plan Review Fees. When a plan or other data is required to be submitted by
Section (b) of Section -3-02 106.3.2, a plan review fee shall be paid at the time of
submitting plans and specifications for review. Said plan review fee shall be as
follows: (1)For single family and two family dwellings $0.14 per square foot; and (2)
for all structures other than single family or two family dwellings - sixty-five (65%)
percent of the permit fee.
E. All other fees shall be computed from applicable codes.
Section 4. That the Fountain Hills Town Code Chapter 7, Buildings and Building Regulations,
Article 7-3, MAG Standard Specifications and Uniform Details for Public Works Construction is
hereby deleted and Article 7-3 shall be labeled"Reserved" to read as follows:
Works Constiactioii", sponsored-and-distiil,uted by the Ma cops-Associatiod of Govu11u11ci16
specifications-shall-be-filed-in-the-office-of-the-towrr clerk-and-kept-available-for-public-use-and
inspectirnr.
(RESERVED)
Section 5. That pursuant to A.R.S. § 9-802,that certain document known as"The Uniform Fire
Code, 1994 edition, Volume 1 and Volume 2 as published by the International Fire Code Institute,
and all appendices thereto including the Fountain Hills Fire District Amendments to the 1994 Uniform
Fire Code,"three copies of which are on file in the office of the town clerk of the Town of Fountain
Hills and are available for public use and inspection during normal business hours, which document
as made a public record within the meaning of A.R.S. § 9-801 by Town of Fountain Hills Resolution
1996-85 is hereby referred to, adopted and made part hereof as if fully set out in this ordinance.
Section 6. That the Fountain Hills Town Code Chapter 7, Buildings and Building Regulations,
Article 7-9, Automatic Fire Extinguishing Systems, is hereby amended to read as follows:
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ARTICLE 7-9
FIRE PREVENTION AND PROTECTION
7-9-1 Requirement DEFINITIONS
7-9-2 Effective-Bate ADOPTION
• 7-9-3 Exceptions AUTOMATIC FIRE EXTINGUISHING SYSTEMS
7-9-4 BUREAU OF FIRE PREVENTION
7-9-5 CLASSIFICATION OF PENALTY
SECTION 7-9-1. Requirement DEFINITIONS
A. An autuniatic fire-extinguish ing system is regah ed in all new-L,oirst►uctiou..
B. An aututnatiL, fire cxthiguishing system is required wlienvver a building pei,33it ib ivquvblill
fin i vnnodvling, i v viibtrl<ction or vnpansion of an vsisli,lg building vi Jli ucture, the g1 vwJ
a<ea of the i viiivdeliiig, i vuvubli uk,tion or expaubioii is equal iv vi mvi a than one-half of the
enialiug building or sti a.ture.
C. Art-at tunratic fire vxti an accessory building or
detached building is added to a lot or parcel regardless of the size of the atwbbuiy v3
detached-so-long-as-it-is-of the-type-required-to-be-sprinklecFunderthe-Uniform-Fire-C-ode
District.
THE FOLLOWING WORDS, TERMS AND PHRASES, WHEN USED IN THIS ARTICLE,
SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION,EXCEPT WHERE
THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING:
A. "CHIEF" MEANS THE CHIEF OF THE FIRE DEPARTMENT.
B. "DULY AUTHORIZED AGENT" MEANS AN INDIVIDUAL EMPLOYED BY
RURAL/METRO FIRE DEPARTMENT WHO HAS BEEN APPOINTED BY THE FIRE
CHIEF, IN WRITING, TO HAVE THE AUTHORITY TO ISSUE CIVIL FIRE CODE
VIOLATIONS. SUCH AUTHORIZATION SHALL BE FILED WITH THE TOWN
CLERK.
C. "FIRE DEPARTMENT" MEANS RURAL/METRO FIRE DEPARTMENT/FOUNTAIN
HILLS FIRE DISTRICT OR, IN THE EVENT THAT THE TOWN SHALL PROVIDE ITS
OWN FIRE PROTECTION SERVICE, THAT ORGANIZATION.
D. "NICET" MEANS THE NATIONAL INSTITUTE FOR THE CERTIFICATION OF
ENGINEERING TECHNOLOGIES, 1420 KING STREET, ALEXANDER, VA. 22314-
2915
E. "UNIFORM FIRE CODE" MEANS THAT UNIFORM FIRE CODE, 1994 EDITION.
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SECTION 7-9-2 Effective-Date ADOPTION
The requirenients of-Sa,tion 7-9-1 shall apply ltrall-,vquests for building permits filed with the tuwit
beginning oil Monday, January 1, 1996.
THE UNIFORM FIRE CODE, 1994 EDITION, VOLUMES 1 AND 2 AS PUBLISHED BY THE
INTERNATIONAL FIRE CODE INSTITUTE, AND ALL APPENDICES THERETO
INCLUDING THE FOUNTAIN HILLS FIRE DISTRICT AMENDMENT TO THE 1994
UNIFORM FIRE CODE THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE
TOWN CLERK OF THE TOWN OF FOUNTAIN HILLS AND ARE AVAILABLE FOR PUBLIC
USE AND INSPECTION DURING NORMAL BUSINESS HOURS, ARE HEREBY REFERRED
TO, ADOPTED AND MADE PART HEREOF AS IF FULLY SET OUT IN THIS ORDINANCE.
EXCEPTIONS:
1. UFC APPENDICES I-C, II-B, II-D, IV-A, VI-D ARE ADOPTED AS CODE.
2. UFC APPENDICES II-F, III-A AND III-B ARE DELETED FROM ADOPTION.
SECTION 7-9-3 Exceptions AUTOMATIC FIRE EXTINGUISHING SYSTEMS
Should-the-requii ement of-Svctivns 7-9-1 and 7-9-2 coilstitute-a Hardship for any pi upvi ty 0 wile',
that property Owiivi may rvquvbt, in wiiting, to the town clerk that the issue of an vAueptlOn to tli�
�vyuire,iients of-Sections 7-9-1 -and- 9-2 be plaLcd un an agenda
consideration and deasiun by the council-The property owner shall present, in wi itii,g, to the-t,ouncil
at-least-tar days-priorto-the-council-meeting-written-material-demonstrating-whrthe-hardship-exists
and-why-and-exception-to-the-requirements-of-Sections-7-9-1-and ----7-9-2-should-be-granted7—The
tuuua uiay-eNvuipt ally property vwuvr from their i vquire 1 ntb uf-Sections 7-9-1 and 7-9-2 by ail
affninative vote of a uiajuiity of the council vutiug uu the mailer.
A. REQUIREMENT
1. AN AUTOMATIC FIRE EXTINGUISHING SYSTEM IS REQUIRED IN ALL
NEW CONSTRUCTION.
2. AN AUTOMATIC FIRE EXTINGUISHING SYSTEM IS REQUIRED
WHENEVER A BUILDING PERMIT IS REQUESTED FOR REMODELING,
RECONSTRUCTION OR EXPANSION OF AN EXISTING BUILDING OR
STRUCTURE, THE GROSS AREA OF THE REMODELING,
RECONSTRUCTION OR EXPANSION IS EQUAL TO OR MORE THAN ONE-
HALF OF THE EXISTING BUILDING OR STRUCTURE.
3. AN AUTOMATIC FIRE EXTINGUISHING SYSTEM IS REQUIRED
WHENEVER AN ACCESSORY BUILDING OR DETACHED BUILDING IS
ADDED TO A LOT OR PARCEL REGARDLESS OF THE SIZE OF THE
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ACCESSORY OR DETACHED SO LONG AS IT IS OF THE TYPE REQUIRED
lior TO BE SPRINKLED UNDER THE UNIFORM FIRE CODE TOGETHER WITH
AMENDMENTS AND APPENDICES THERETO AS ADOPTED BY THE
FOUNTAIN HILLS FIRE DISTRICT.
B. EFFECTIVE DATE
THE REQUIREMENTS OF SECTION 7-9-3(A) SHALL APPLY TO ALL REQUESTS FOR
BUILDING PERMITS FILED WITH THE TOWN BEGINNING ON MONDAY, JANUARY 1,
1996.
C. EXCEPTIONS
SHOULD THE REQUIREMENTS OF SECTIONS 7-9-3(A) AND (B) CONSTITUTE A
HARDSHIP FOR ANY PROPERTY OWNER, THAT PROPERTY OWNER MAY REQUEST,
IN WRITING, TO THE TOWN CLERK THAT THE ISSUE OF AN EXCEPTION TO THE
REQUIREMENTS OF SECTIONS 7-9-3(A) AND (B)BE PLACED ON AN AGENDA OF THE
TOWN COUNCIL FOR CONSIDERATION AND DECISION BY THE COUNCIL. THE
PROPERTY OWNER SHALL PRESENT, IN WRITING, TO THE COUNCIL AT LEAST TEN
DAYS PRIOR TO THE COUNCIL MEETING WRITTEN MATERIAL DEMONSTRATING
WHY THE HARDSHIP EXISTS AND WHY AND EXCEPTION TO THE REQUIREMENTS OF
SECTIONS 7-9-3(A)AND(B) SHOULD BE GRANTED. THE COUNCIL MAY EXEMPT ANY
PROPERTY OWNER FROM THEIR REQUIREMENTS OF SECTIONS 7-9-3(A) AND (B)BY
AN AFFIRMATIVE VOTE OF A MAJORITY OF THE COUNCIL VOTING ON THE MATTER.
SECTION 7-9-4 BUREAU OF FIRE PREVENTION
A. THE UNIFORM FIRE CODE SHALL BE ENFORCED BY THE BUREAU OF FIRE
PREVENTION(FIRE MARSHAL'S OFFICE) OF THE FIRE DEPARTMENT.
B. A REPORT OF THE BUREAU OF FIRE PREVENTION(FIRE MARSHAL'S OFFICE)
SHALL BE MADE ANNUALLY AND TRANSMITTED TO THE TOWN MANAGER.
THE REPORT SHALL CONTAIN ALL PROCEEDINGS UNDER THIS CHAPTER,
WITH SUCH STATISTICS AS THE CHIEF OF THE FIRE DEPARTMENT MAY WISH
TO INCLUDE THEREIN. THE CHIEF OF THE FIRE DEPARTMENT SHALL ALSO
RECOMMEND ANY AMENDMENTS TO THIS ARTICLE.
SECTION 7-9-5 PENALTY
A. CLASSIFICATION OF PENALTY
1. ANY PERSON, FIRM CORPORATION, PARTNERSHIP, ENTERPRISE OR
ASSOCIATION WHETHER AS PRINCIPAL, OWNER, AGENT, TENANT, OR
OTHERWISE WHO VIOLATES, DISOBEYS, OMITS OR REFUSES TO
COMPLY WITH, OR WHO RESISTS THE ENFORCEMENT OF ANY OF THE
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tor PROVISIONS OF THIS CHAPTER IS SUBJECT TO A CIVIL SANCTION.
2. NOTWITHSTANDING SUBSECTION 1 OF THIS SECTION, A SECOND OR
SUBSEQUENT VIOLATION OF ANY OF THE PROVISIONS OF THIS
CHAPTER WITHIN A TWO-YEAR PERIOD SHALL BE DEEMED A CLASS 1
MISDEMEANOR.
B. CIVIL PENALTIES
1. UPON A FINDING OF RESPONSIBLE PARTIES TO CIVIL VIOLATION, THE
COURT SHALL IMPOSE A FINE NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS ($250.00).
2. UPON A CONVICTION OF A MISDEMEANOR, THE DEFENDANT SHALL BE
SENTENCED PURSUANT TO THE PROVISIONS OF SECTION 1-8 OF THIS
CODE.
3. THE APPLICATION OF THE PENALTIES PROVIDED FOR IN PARAGRAPHS
1 AND 2 OF THIS SUBSECTION SHALL NOT BE HELD TO PREVENT THE
ENFORCED REMOVAL OF PROHIBITED CONDITIONS.
C. CIVIL VIOLATION, COMMENCEMENT OF ACTION.
1. A CIVIL VIOLATION MAY BE COMMENCED BY ISSUANCE OF A
CITATION OR BY LONG FORM COMPLAINT.
2. THE CITATION WILL BE SUBSTANTIALLY IN THE SAME FORM AS THE
ARIZONA TRAFFIC TICKET AND COMPLAINT AND SHALL DIRECT THE
DEFENDANT TO APPEAR IN TOWN OF FOUNTAIN HILLS COURT WITHIN
TEN(10)DAYS AFTER ISSUANCE OF THE CITATION.
3. THE CITATION WILL FURTHER NOTIFY THE DEFENDANT THAT IF HE
FAILS TO APPEAR ON OR BEFORE THE DATE SPECIFIED IN THE
COMPLAINT, A JUDGEMENT BY DEFAULT WILL BE ENTERED AGAINST
HIM, AND THE COURT MAY, IN ITS DISCRETION, IMPOSE A CIVIL
SANCTION NOT TO EXCEED TWO HUNDRED AND FIFTY DOLLARS
($250.00).
4. SERVICE OF THE CITATION MAY BE ACCOMPLISHED AND WILL BE
DEEMED PROPER AND COMPLETE BY ANY OF THE FOLLOWING
METHODS:
(A) BY HAVING THE DEFENDANT SIGN THE CITATION WITH A
PROMISE TO APPEAR IN COURT WITHIN TEN (10) DAYS OF THE
ISSUANCE OF THE CITATION.
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(B) IF THE DEFENDANT REFUSES TO SIGN THE CITATION, BY HAND
1/416, DELIVERING A COPY OF THE CITATION TO THE DEFENDANT.
(C) BY MAILING A COPY OF THE CITATION TO THE PERSON
CHARGED AT HIS LAST KNOWN ADDRESS, BY CERTIFIED OR
REGISTER MAIL, RETURN RECEIPT REQUESTED.
(D) IN THE EVENT SERVICE CANNOT BE ACCOMPLISHED AS SET
FORTH IN (A), (B) OR (C) ABOVE, THE STATE MAY SERVE THE
DEFENDANT BY ANY MEANS ALLOWED BY THE ARIZONA RULES
OF CIVIL PROCEDURE FOR THE SUPERIOR COURT.
5. MINOR CIVIL CITATIONS MAY BE ISSUED FOR NON-COMPLIANCE WITH
THE AMENDED UNIFORM FIRE CODE.
D. AUTHORITY TO ISSUE CITATION.
ANY PEACE OFFICER, THE FIRE CHIEF, OR DULY AUTHORIZED AGENT OF THE FIRE
CHIEF MAY ISSUE A CIVIL CITATION PURSUANT TO THIS CHAPTER.
E. APPEARANCE
1. THE DEFENDANT SHALL, WITHIN TEN(10)DAYS OF THE ISSUANCE OF
THE CITATION, APPEAR IN PERSON OR THROUGH HIS ATTORNEY IN
THE TOWN COURT AND SHALL EITHER ADMIT OR DENY THE
ALLEGATIONS CONTAINED IN THE CITATION. IF THE DEFENDANT
ADMITS THE ALLEGATION, THE COURT SHALL ENTER JUDGEMENT
AGAINST THE DEFENDANT AND, IN ITS DISCRETION, MAY IMPOSE A
CIVIL SANCTION FOR THE VIOLATION. IF THE DEFENDANT DENIES THE
ALLEGATIONS CONTAINED IN THE CITATION, THE COURT SHALL SET
DATES FOR A PRE-TRIAL CONFERENCE AND FOR TRIAL OF THE
MATTER.
2. IF THE DEFENDANT FAILS TO APPEAR FOR PRE-TRIAL CONFERENCE OR
TRIAL, THE DEFENDANT'S FAILURE TO APPEAR SHALL BE DEEMED AN
ADMISSION OF THE OFFENSE AND THE COURT SHALL ENTER
JUDGEMENT AGAINST THE DEFENDANT AND MAY, IN ITS DISCRETION,
IMPOSE A CIVIL SANCTION FOR THE VIOLATION.
F. RULES OF PROCEDURE
THE ARIZONA RULES OF COURT FOR CIVIL TRAFFIC VIOLATION CASES MAY BE
FOLLOWED BY THE TOWN COURT FOR CIVIL VIOLATIONS OF THIS CHAPTER,
EXCEPT AS MODIFIED OR WHERE INCONSISTENT WITH THE PROVISIONS OF THIS
ARTICLE,LOCAL RULES OF THE TOWN COURT OR RULES OF THE ARIZONA SUPREME
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kaw COURT.
G. COLLECTION OF FINES
ANY JUDGEMENT FOR CIVIL SANCTIONS TAKEN PURSUANT TO THIS ARTICLE MAY
BE COLLECTED AS ANY OTHER CIVIL JUDGEMENT.
H. VIOLATIONS NOT EXCLUSIVE
VIOLATIONS OF THIS CHAPTER ARE IN ADDITION TO ANY OTHER VIOLATION
ENUMERATED WITHIN THE FOUNTAIN HILLS ORDINANCES AND CODES AND IN NO
WAY LIMIT THE PENALTIES, ACTIONS OR ABATEMENT PROCEDURES WHICH MAY
BE TAKEN BY THE TOWN FOR ANY VIOLATION OF THIS CHAPTER WHICH IS ALSO
A VIOLATION OF ANY OTHER ORDINANCE OR CODE PROVISION OF THE TOWN, OR
STATUTES OF THE STATE.
I. EACH DAY SEPARATE VIOLATION
EACH DAY ANY VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE FAILURE
TO PERFORM ANY ACT OR DUTY REQUIRED BY THIS CHAPTER CONTINUES SHALL
CONSTITUTE A SEPARATE OFFENSE.
Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance or any
part of these amendments adopted herein by reference is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect
the validity of the remaining portions thereof.
Section 8. WHEREAS, it is necessary for the preservation of the peace, health and safety of the
Town of Fountain Hills, Arizona, an emergency is declared to exist, and this ordinance shall become
immediately operative and in force from and after the date of posting hereof.
PASSED AND ADOPTED THIS 21st DAY OF November 1996.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
, ei4/1-t.AJ5 /11, 4AJ
Jerry less ayor Cassie B. Hansen, Town Clerk
/
REVIEWED BY: APPROVED AS TO FORM:
7
/.(,,tanist; -)1L-61
au L. Nordin, Town Manager Wi ham E. Farrell, Town Attorney
L
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