HomeMy WebLinkAboutOrd 2002-01Ordinance Number 2002.01 Amend Town Code adding mountain preservation rules and regs -
1/17/02
TOWN OF FOUNTAIN HILLS
ORDINANCE #02-01
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING
CHAPTER 9 BY ADDING A NEW ARTICLE 9-5 OF THE
FOUNTAIN HILLS TOWN CODE, TO ADOPT RULES AND
REGULATIONS FOR THE FOUNTAIN HILLS MCDOWELL
MOUNTAIN PRESERVE.
WHEREAS, The Town of Fountain Hills adopted Ordinance #90-8, on June 28, 1990, which adopted
The Code of the Town of Fountain Hills, Arizona, and
WHEREAS, The Town of Fountain Hills has made subsequent amendments to the Fountain Hills Town
Code, and
WHEREAS, The Fountain Hills McDowell Mountain Preserve ("the Preserve") encompasses a scenic
area of mountainous, pristine land within Fountain Hills that will be preserved in its natural
state for the benefit of this and future generations, and
WHEREAS, In order for the Town to achieve tandem goals of providing trails and a trailhead locations
to facilitate public access into the Preserve and to safeguard the Preserve for this and future
generations, a thorough set of Preserve, trailhead and trails regulations are needed, and
WHEREAS, The Town of Fountain Hills has written a new Article 9-5 of the Fountain Hills Town Code
to that will adopt rules and regulations for the Fountain Hills McDowell Mountain Preserve
that are specifically intended to accomplish the following: Maintain the existing
undisturbed, desert environment of the Preserve; provide for Preserve use regulations that
will maintain wildlife habitat and limit human encroachment to specific areas within the
Preserve; provide use regulations for the Central Trailhead that will provide the majority of
public access into the Preserve; provide use regulations for the Golden Eagle Trailhead,
including access control into the Preserve through McDowell Mountain Park; and provide
for the development of a trail system within the Preserve and connectivity to abutting trail
systems in the City of Scottsdale and within McDowell Mountain Park.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. That Chapter 9, PARKS AND RECREATION, of the Fountain Hills Town Code is
hereby amended to add a new Article 9-5 as shown below. New language is shown as
being double -underlined and language to be deleted is shown as being er-essed out.
Article 9-5
Page 1 of 5
9-5-1 Purpose and Intent
9-5-2 Definitions
9-5-3 Preserve Regulations
9-5-4 Central Trailhead Regulations
9-5-5 Golden Eagle Trailhead Regulations
9-5-6 Trailhead and Trail Develop
9-5-7 Penalties
9-5-8 SeverabLty
The Fountain Hills McDowell Mountain Preserve ("the Preserve") encompasses a scenic area of
mountainous, pristine land within Fountain Hills that will be preserved in its natural state for the benefit of
this and future generations. In order for the Town to achieve tandem goals of providing trails and trailhead
locations to facilitate public access into the Preserve and to safeguard the Preserve for this and future
generations,_a thorough set of Preserve. trailhead and trails regulations are needed. These regulations are
specifically intended to accomplish the following:
A. Maintain the existing undisturbed, desert environment of the Preserve.
B. Provide for Preserve use regulations that will maintain wildlife habitat and limit human
encroachment to specific areas within the Preserve.
C. Provide use regulations for the Central Trailhead that will provide public access into the Preserve.
D. Provide use regulations for the Golden Eagle Trailhead, including access control into the Preserve
through McDowell Mountain Park.
E. Provide for the development of a trail system within the Preserve and connectivity to abutting trail
systems in the City of Scottsdale and within McDowell Mountain Park.
A. "Cawing" means any effort to erect a tent or shelter. sleeping, use of a sleeping -hijg, -Qi thg�-p"ng
[1,11. "Central Trailhead" means the developed portions of that trailhead located at the t
C. "Emergency Access Route" means that roadway between the central trailhead and the southwest=
comer of the Eagles Nest obdivision that can be used to evacuate 12eQple out of the Eagle Rid=
North bd•
FIFF. "Golden Eagle Trailhead" means the develQped portiQns of that trailhead located
terminus of Golden Eaglt Drive.
E The "Preserve" shall mean those lands identified by &solution 2002-01 as the Fountalln-HILIs
McDowell Mountain Preserye
F. "Special Preserve_ Permit" means a noncommercial permit issued by -the Parks and Recreation
Department required for g= functionLin and around the Central Traiffitad.
G. "Spider Trail" means an unauthorized trail or 12athwaY within the PreSMLe-
means 1_ • M " ! pathway l the _ _
Page 2 of 5
"Violation" means any act that violates any of the rules or regulations contained within this Article,
punishable as specified in Section 9-5-7 herein.
The following are prohibited within the Preserve:
A.
Accessing the Preserve by leaving a trail or trailhead. All Preserve visitors shall stay
on authorized
trails and within trailheads. unless approved by the Director of Community Development.
B.
Accessing the Preserve outside of the posted hours of operation unless approved by
the Director of
Community Development.
C.
Alcoholic beverages.
D.
E.
Carrying or using any type of glass or ceramic container.
F.
Creating, developing or using any type of spider trail.
G.
Destroying any barriers, signs. or other Town property.
H.
Destroying, damaging or removing anv_vegetative or mineral resource, including but
not limited to
any tree, shrub, wildflower, cactus or rock outcropping.
I.
Dogs are prohibited unless on a 6-foot maximum leash at all times, and must remain
on trails.
J.
Horses.
K.
Hunting. trapping or otherwise harming or harassing any wildlife.
L.
Littering or depositing garbage, trash, refuse or other obnoxious material anywhere
other than in
specific Town -provided containers provided for that puroose.
M.
Setting or igniting any type of fire.
N.
Smoking.
O.
Throwing rocks or other obiects into washes including but not limited to up or down hillsides and
on or off trails.
P.
Using any vehicle, including motorized vehicles and bicycles, except authorized maintenance
vehicles and during emergency evacuations along the Emergency Access Route as
directed by
mergence personnel.
Q.
Using or discharging any firear_m__, bow and arrow, slingshot or other weapon.
VATTreraff traTiT• t' . •1_•_ •t 1 _ •t ' t' _• •._t• t •11181=8 1 1' tlof MUM"
AccessingA. or 1• .d outside of •• hours of •. •n
B. Alcoholic beveraMs, unless as approved by Smcial Preserve Pe * .
C. Groups of 20 Qr more l2ewle without a SjKcial Preserve Pem-jit, to ensure adequatc available
D. Horses or horstirailff-s.
E. Parking vehicles outside of designated 12arking spaces
these parking spaces with phor Town appxp3mL
G. Use of • t _e!1_.•. That has been reserved by others, through: 'r' P'MI1
H. Vehicles • •= than19
users of the Golden Eagle Trailhead will bedirectedalone public access easements through a private
subdivision to gain access to McDowell Mountain Park. All users of McDowell Mountain Park shall abide
by those rules and regulations established by Maricopa County for McDowell Mountain Park. In addition to
the prohibitions in Section 9-5-3, the following are prohibited within the Golden Eagle Trailhead:
A. Accessing or utilizing the Golden Eagle Trailhead outside of the posted hours of operation.
B. Although bicycles may be permitted within McDowell Mountain Park. bicycles are not permitted in
the Preserve, even if accessed from the north through McDowell Mountain Park. Bicycles are
permitted within the trailhead and the public access easement(s) and into McDowell Mountain Park.
if permitted by McDowell Mountain Park rules.
C. Horses or horse trailers.
D. Vehicles longer than 19 feet.
Section 9-5-6 Trailhead and Trail Development
The McDowell Mountain Preserve Commission will be responsible for the design of any trailhead and the
development of any trails within the Preserve.
Section 9-5-7 Penalties
The Rules and Regulations contained in Article 9-5 will be considered petty offenses and/or Class 1
Misdemeanors as specified under subsections A through C below:
A Violations of the rules and regulations contained in subsections 9-5-3 (A B C E F I J L N and
O) and Sections 9-5-4 and 9-5-5 shall be considered a petty offense if the offender has not been
convicted of the same infraction within the last twenty-four (24) months. Petty offenses shall be
punishable by a fine of up to one hundred dollars ($100.00).
B. Subsequent conviction(s) of the same subsections 9-5-3 (A. B. C. E. F. I. J. L. N and O) and
Sections 9-5-4 and 9-5-5 within a twenty-four (24) month period shall be considered a Class 3
Misdemeanor and will be punishable as such under State Law.
C Violations of the rules and regulations contained in subsections 9-5-3 (D. G. H. K. M. P and O) of
this section shall be considered a Class 1 Misdemeanor and will be punishable as such under State
Law.
Section 9-5-8 Severability
Should any section of this Article be determined to be void. unlawful or of no effect, the remaining sections
shall continue to be fully applicable and shall be deemed to be in full force and effect.
Page 4 of 5
N
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 17'h day of January, 2002.
F E TOWN UNTAIN HILLS: AT STED TO:
Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk
V WED BY:
c
William E. Farrell, Actmg Town Manager
APP D AS TOO ;-)
William E. Farrell, Town Attorney
Page 5 of 5