HomeMy WebLinkAboutOrd 2021-05 ORDINANCE NO. 21-05
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
TOWN CODE, CHAPTER 12, ARTICLE 12-3, SECTIONS 12-3-18, OVERNIGHT
PARKING PROHIBITED; 12-3-19, COMMENCEMENT OF PROCEEDINGS FOR
VIOLATIONS; AND 12-3-20, PENALTIES, THEREOF
RECITALS:
WHEREAS, the Mayor and Town Council wish to amend the Town Code to prohibit overnight
parking in designation areas throughout the Town.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. Chapter 12,Article 12-3, Sections 12-3-18, Overnight Parking Prohibited; 12-3-19,
Commencement of Proceedings for Violations; and 12-3-20, Penalties, are amended as follows:
SECTION 12-3-18 OVERNIGHT PARKING PROHIBITED
A. OVERNIGHT PARKING IS PROHIBITED IN THOSE AREAS SIGNED PROPERLY, AS
AUTHORIZED BY SECTION 12-3-4 OF THE FOUNTAIN HILLS TOWN CODE.
B. OVERNIGHT PARKING IS DEFINED AS 11:00 P.M. TO 5:00 A.M. FOR PURPOSES OF
THIS SECTION.
Section 12-3-189. Commencement of Proceedings for Violations
A. An action to hear and determine an alleged violation of this article may be commenced by
issuance of a citation by a peace officer of the State of Arizona or the Town Manager or
his authorized designee.
B. The citation shall be in the form of deemed appropriate by the Town Manager.
C. Service of any citation for violation of this Article may be accomplished, and will be deemed
proper and complete, by any of the following methods:
1. By having the defendant sign the citation with a promise to appear in court ten or
more days after issuance of the citation.
2. If the defendant refuses to sign the citation, by hand delivering a copy of the citation
to the defendant.
3. By affixing the citation to any vehicle owned by the defendant and the parking,
location or abandonment of which constitute the offense charged in the citation.
ORDINANCE 21-05 PAGE 2
4. In the event service cannot be accomplished as set forth above, the defendant
may be served by any means allowed by the Arizona Rules of Civil Procedure for
the Superior Court. (20-06, Amended, 06/02/2020; 17-02, Added, 06/01/2017)
Section 12-3-1920. Penalties
Unless otherwise specifically designated in this article, violations of this article may be punishable
as set forth in Section 1-8-3. Each day that a violation continues may be a separate offense
punishable by imposition of a civil sanction not to exceed two hundred fifty dollars ($250.00). (20-
06, Amended, 06/02/2020; 17-02, Added, 06/01/2017)
SECTION 2. 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 5th day
of January, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginti Dickey, Mayor E za eth urke, Town CI rk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Mi er, Town Manager Aaron D. Arnson, Town Attorney