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HomeMy WebLinkAboutOrd 2019-13 ORDINANCE NO. 19-13 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 9, ARTICLE 9-5, SECTION 3, GENERAL PRESERVE REGULATIONS, AND SECTION 5, GOLDEN EAGLE TRAILHEAD REGULATIONS, THEREOF RECITALS: WHEREAS, the Mayor and Town Council wish to accept the recommendation from the McDowell Mountain Preservation Commission from the May 28, 2019 meeting to prohibit geocaching, except within three (3) feet of an established Town Trail and allow bicycles on Golden Eagle Trailhead; and WHEREAS, the Mayor and Town Council wish to reflect the amendment in the Town Code. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows (changes shown as strike through to eliminate and CAPS for new text): SECTION 1. Chapter 9, Article 9-5, Section 3, General Preserve Regulations, of the Town Code, is amended as follows: SECTION 9-5-3. GENERAL PRESERVE REGULATIONS The following are prohibited within the Preserve: Q. Using or discharging any firearm, bow and arrow, slingshot or other weapon. i R. GEOCACHING, EXCEPT WITHIN THREE (3) FEET OF AN ESTABLISHED TOWN TRAIL. SECTION 2. Chapter 9, Article 9-5, Section 5 Golden Eagle Trailhead Regulations, of the Town Code, is amended as follows: SECTION 9-5-5. GOLDEN EAGLE TRAILHEAD REGULATIONS The Golden Eagle Trailhead is a public parking area to provide a primary point for access into the southwestern portion of McDowell Mountain Park from the Town of Fountain Hills. It may also be possible to access the Preserve, through McDowell Mountain Park, from the Golden Eagle Trailhead. All users of the Golden Eagle Trailhead will be directed along 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: ORDINANCE 19-13 PAGE 2 OF 2 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 arc not permitted in the Preserve, even if accessed from the north through McDowell Mountain Park. Bicycles arepermitted within the trailhead and the public access easement(s) and into McDowell GB._Horses or horse trailers. OC._Vehicles longer than 19 feet. SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 13th day of August, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: b t ,. tn 1 R v Ginn Dickey, Mayor Elizabet Burke, Town Clerk REVIEWED BY: APPR 1 ED AS TO FORM: (..)10.4erc :\/\';AA4--.4 Grady E. Miller, w Manager Aaron D. Arnson, Town Attorney