HomeMy WebLinkAboutOrd 2006-14 ORDINANCE NO. 06-14
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS
TOWN CODE, CHAPTER 3, ADMINISTRATION, CHAPTER 4, PUBLIC
SAFETY, CHAPTER 12, TRAFFIC, AND CHAPTER 18, ALARM SYSTEMS,
RELATING TO THE OFFICE AND DUTIES OF THE TOWN MARSHALL.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA,as follows:
SECTION 1. That the Fountain Hills Town Code, Chapter 3, Administration, Article 3-1,
Officers in General, Section 3-1-5, Town Marshall, is hereby amended as follows:
Section 3-1-5 Town Marshall/LAW ENFORCEMENT AGENT
The TOWN MANAGER, OR DESIGNEE, SHALL SERVE AS THE town
marshal/LAW ENFORCEMENT AGENT AND shall PROVIDE FOR ENFORCEMENT OF
enforce town ordinances. THE TOWN MANAGER SHALL HAVE THE AUTHORITY TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT OR CONTRACT FOR THE
PROVISION OF LAW ENFORCEMENT SERVICES. Enforcement will be effected by either
issuance of citations or summons and complaint to persons accused of violating town ordinances.
SECTION 2. That the Fountain Hills Town Code, Chapter 3, Administration, Article 3-
1, Officers in General, Section 3-1-6, Department Heads, Subsection (A)(4), is hereby deleted in
1141111, its entirety.
SECTION 3. That the Fountain Hills Town Code, Chapter 4, Public Safety, Article 4-1,
Marshal's Department, Article 4-2, Contract for Additional Law Enforcement Services, and
Article 4-3, Town Marshal's Reserve Officers Program, are hereby deleted in their entirety.
SECTION 4. That the Fountain Hills Town Code, Chapter 4, Public Safety, Article 4-4,
Fire Protection Services, Section 4-4-1, Fire Protection Services, and Section 4-4-2, Fire
Protection Services Director, are hereby renumbered Article 4-1, Section 4-1-1 and Section 4-1-
2, respectively.
SECTION 5. That the Fountain Hills Town Code, Chapter 12, Traffic, Article 12-3,
Parking, Section 12-3-11, Commencement of Proceedings for Violations, Subsection (A), is
hereby amended as follows:
Section 12-3-11 Commencement of Proceedings for Violations
A. An action to hear and determine an alleged violation of this article shall be
commenced by issuance of a citation by the town marshal, deputy town marshal or other A peace
officer of the State of Arizona OR THE TOWN MANAGER OR HIS AUTHORIZED
DESIGNEE.
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SECTION 6. That the Fountain Hills Town Code, Chapter 12, Traffic, Article 12-4,
Private Parking, Section 12-4-4,Notice to Marshal and Sheriff, is hereby amended as follows:
Section 12-4-4 Notice to Mar-ghat TOWN LAW ENFORCEMENT AGENT and
Sheriff
Any person towing or transporting any vehicle from a private parking area without the
express permission of the vehicle owner, shall notify the town marshal LAW ENFORCEMENT
AGENT and the Maricopa County sheriffs office immediately upon the taking of such action
and provide the following information:
SECTION 7. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article
18-1, Generally, Section 18-1-2, Definitions, is hereby amended as follows:
Section 18-1-2 Definitions
"Police" means the town marshal' s office LAW ENFORCEMENT AGENT or the
Maricopa County Sheriff' s Office.
SECTION 8. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article
18-1, Generally, Section 18-1-4, Administration, is hereby amended as follows:
Section 18-1-4 Administration
The administration of this chapter, including the duty of prescribing forms, is vested in
the town marshal LAW ENFORCEMENT AGENT or his AUTHORIZED designee. License and
permit applications made pursuant to this chapter shall be submitted to the town marshal LAW
ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE, who shall have the authority to
issue, deny or revoke a permit or license in accordance with the provisions of this chapter. The
town dal LAW ENFORCEMENT AGENT or AUTHORIZED designee shall be responsible
for review procedures, hearings or related activities provided for in this chapter.
SECTION 9. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article
18-2, Alarm Businesses, Section 18-2-1, License Required; Term; Fees, Subsection (F) is hereby
amended as follows:
Section 18-2-1 License Required; Term; Fees
F. Upon request and the payment of a ten dollar fee, the town marshal LAW
ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE shall issue a duplicate license to a
licensee whose license has been lost, stolen or destroyed.
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SECTION 10. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article
18-2, Alarm Businesses, Section 18-2-2, Application; Investigation, is hereby amended as
follows:
Section 18-2-2 Application; Investigation
A. Application for an alarm business license, or a license renewal, shall be made to
the town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE, upon
forms prepared and approved by the town, and contain the following information:
8. Additional information deemed by the town marshal LAW
ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE to be reasonably necessary
to fully and fairly evaluate the license application.
B. All applicants for licenses under this article shall personally appear at the teWii
police department or such other location as may bo designated by the town inafshal LAW
ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE, for the purpose of being
fingerprinted. For the purposes of this subsection, "applicant" shall include all general partners,
if the applicant is a partnership, the president, secretary and treasurer, if the applicant is a
corporation, and all agents who perform services on behalf of the applicant within the town. Any
applicant residing outside of Maricopa County, Arizona, shall appear at a local law enforcement
agency or authorized fingerprinting facility within the jurisdiction of applicant's residence for
*kw such fingerprinting. The applicant shall transmit the fingerprints to the town marshal' s office
LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE in an envelope specified for
such purpose and provided by the town marshal' s office LAW ENFORCEMENT AGENT OR
AUTHORIZED DESIGNEE at the time of application. The marshal' s department TOWN LAW
ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE shall conduct a background
investigation of the applicant and shall advise the town marshal of the findings of such
investigation within the period allowed for issuance of the license.
C. The duty to provide the information required in subsections A and B of this
section is continuing throughout the license term. The applicant shall notify the town marohal
LAW ENFORCEMENT AGENT OR AUTHORIZED DESIGNEE in writing within ten days of
employing any agent who performs services on behalf of the applicant within the town.
D. The town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED
DESIGNEE shall have sixty days from the date of completion of all application materials and
requirements to either issue or deny any license subject to this article. The issuance of any
license shall be in no way construed as a waiver of any right of denial or revocation the town
may have at the time of issuance or thereafter.
SECTION 11. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article
18-2, Alarm Businesses, Section 18-2-3, Issuance, is hereby amended as follows:
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Section 18-2-3 Issuance
A. The town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED
DESIGNEE shall issue a license to an applicant or renew a license, if applicable, when the
following conditions are fully satisfied:
B. The following reasons may constitute sufficient grounds for denial of license or
denial of renewal of a license:
4. The town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED
DESIGNEE has reasonable grounds to believe that the licensee has shown a pattern of
repeated noncompliance or disregard with the provisions of this chapter.
SECTION 12. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article
18-2, Alarm Businesses, Section 18-2-8, Revocation; Appeals, is hereby amended as follows:
Section 18-2-8 Revocation; Appeals
A. The town marshal LAW ENFORCEMENT AGENT OR AUTHORIZED
fir► DESIGNEE shall initiate license revocation proceedings when there are reasonable grounds to
believe that any of the conditions of paragraphs 1 through 5 of subsection B of Section 18-2-3
exist.
B. Any person aggrieved by any decision with respect to either the denial of or
refusal to issue a license, or the renewal of a license, or revocation of a license, which is the
subject of this chapter, shall be entitled to appeal to the town council. All notices of appeal
under this chapter shall be filed with the town marshal LAW ENFORCEMENT AGENT OR
AUTHORIZED DESIGNEE.
SECTION 13. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article
18-4, Review, Hearing and Miscellaneous, Section 18-4-1, Service Charge Review, is hereby
amended as follows:
Section 18-4-1 Service Charge Review
An alarm user may file a written request for a service charge review by the town marshal
LAW ENFORCEMENT AGENT or her AUTHORIZED designee. The request for service
charge review must be received by the town marshal LAW ENFORCEMENT AGENT OR
AUTHORIZED DESIGNEE not later than the delinquent date for the payment of the assessment
for which the review is being sought. Requests received after the delinquent date shall be deemed
untimely and the rights of service charge review and hearing shall be deemed waived as to those
assessments.
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C. An alarm user may present evidence that a series of concurrent alarm activations
were caused by a "common cause," which could not have been reasonably corrected before
subsequent activations occurred, in which case, the activations shall be counted as a single
activation. This provision shall only apply to commonly caused activations occurring within a
forty-eight hour period, commencing with the first commonly caused activation, provided that
the responsible alarm business has documented, to the town mar-shal LAW ENFORCEMENT
AGENT OR AUTHORIZED DESIGNEE, the action taken to rectify the cause and there are no
additional activations of the alarm system from the documented cause within thirty days from the
documented cause.
SECTION 14. That the Fountain Hills Town Code, Chapter 18, Alarm Systems, Article
18-4, Review, Hearing and Miscellaneous, Section 18-4-2, Hearing; Notice, is hereby amended
as follows:
Section 18-4-2 Hearing; Notice
A. Any party aggrieved by the decision resulting from a service charge review may
request a hearing on the service charge by filing a written request for a hearing within ten days of
receipt of decision of the reviewer. The request shall be filed, in writing, with the town fhafshal
LAW ENFORCEMENT AGENT or his AUTHORIZED designee.
SECTION 15. That if any provision or any portion of any provision of this Ordinance is
'fir► for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, May 18, 2 6.
FOR THE TOW OF FOUNT IN HILLS: ATTESTED TO:
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W. J. Nicho , Mayor Bevelyn J. B d ,Town Clerk
REVI BY: APPROVED AS TO FORM:
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Timothy G. ickering, Town ager Andrew J. McGuire, Town Attorney
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