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HomeMy WebLinkAboutRes 2021-29 RESOLUTION NO.2021-29 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "2021 MODIFICATIONS TO CRIMINAL AND CIVIL PENALITIES" ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1.That certain document entitled "2021 Modifications to Criminal and Civil Penalities"of which one paper copy and one electronic copy maintained in compliance with ARS 44-7041 are on file in the office of the Town Clerk and open for public inspection during normal business hours, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 21st day of September, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Eliza fleet(Sep 23,20210824 PDT) Gin Dicke , Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: 03 V:4 �.A g- Grady E. Miller n Manager Aaron D. Arnson, Town Attorney RESOLUTION 2021-29 PAGE 2 EXHIBIT A TO RESOLUTION 21-29 [TOWN CODE CHAPTERS 1, 6, 7, 8, 9, 10, 11, AND 12] See following pages. RESOLUTION 2021-29 PAGE 3 Chapter 1 General Article 1-8 Penalty Section 1-8-2 Criminal and Civil Traffic Penalty Provisions A. Any person found guilty of violating any provisions of this CODE, WHEN CLASSIFIED AS A CLASS 1 misdemeanor, and upon conviction thereof, shall be punished by a fine of not to exceed two thousand five hundred dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Section 1-8-3 Civil Penalty Provisions A. This Section allies whenever in this code or in any ordinance of the Town any act is ANY PERSON FOUND RESPONSIBLE FOR VIOLATING ANY PROVISION OF THIS CODE, WHETHER BY ADMISSION, DEFAULT, OR AFTER A HEARING, EXCEPT AS OTHERWISE PROVIDED, SHALL PAY A CIVIL SANCTION OF NOT LESS THAN $250 OR MORE THAN $750. A SECOND FINDING OF RESPONSIBILITY WITHIN 12 MONTHS OF THE COMMISSION OF A PRIOR VIOLATION OF THE SAME PROVISIONS OF THIS CODE SHALL RESULT IN AN ENHANCED CIVIL SANCTION OF NOT LESS THAN $500 OR MORE THAN $1,500. A THIRD FINDING OF RESPONSIBILITY WITHIN 12 MONTHS OF THE COMMISSION OF A PRIOR VIOLATION OF THE SAME PROVISIONS OF THIS CODE MAY RESULT IN AN ENHANCED CIVIL SANCTION OF NOT LESS THAN $1000 OR MORE THAN $2,500. IN LIEU OF THE ENHANCED CIVIL SANCTION, A THIRD FINDING OF RESPONSIBILITY WITHIN 12 MONTHS OF THE COMMISSION OF A PRIOR VIOLATION OF THE SAME PROVISIONS OF THIS CODE MAY RESULT IN CRIMINAL MISDEMEANOR CHARGES PURSUANT TO SUBSECTION 1-8-3(F), RECIDIVIST PROPERTIES/PERSONS. FOR PURPOSES OF CALCULATING THE 12- MONTH PERIOD, SUCH PERIOD SHALL BEGIN ON THE DATE OF THE FIRST OFFENSE. IN ADDITION TO THE CIVIL SANCTION, THE RESPONSIBLE PARTY SHALL PAY THE APPLICABLE FEES AND CHARGES SET FORTH BY THE FOUNTAIN HILLS COURT. EACH DAY THAT A VIOLATION CONTINUES CONSTITUTES A SEPARATE OFFENSE PUNISHABLE AS HEREIN PROVIDED. D. Civil Citations. 4. WHEN APPLICABLE, TThe civil citation shall direct the defendant to pay the fine imposed pursuant to subsection 1-8-3(E) below or appear in the Fountain Hills RESOLUTION 2021-29 PAGE 4 Municipal Court on the date noted on the citation, which date shall not be less than ten days after citation issuance. 5. The civil citation shall provide notice that if the defendant fails to pay the fine or appear in the Fountain Hills Municipal Court as directed, a default judgement will be entered in the amount of the fine SPECIFIED BY THE PRESIDING JUDGE for the violation. In addition, a default fee may be imposed for failure to appear. 6. Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods: a. Hand delivering the citation to the defendant. If the defendant is a business, service may be by hand delivery to the business owner, any adult manager of the business, or any adult employee of the business. b. Mailing a copy of the citation by certified or registered mail, return receipt requested, to the defendant's last known address. If the defendant is a business, service may be by certified or registered mail, return receipt requested, to the current business address. c. FOR VEHICLE RELATED VIOLATIONS, BY AFFIXING THE CITATION TO THE VEHICLE OWNED BY THE DEFENDANT WHICH CONSTITUTES THE PARKING, LOCATION OR ABANDONMENT OFFENSE CHARGED IN THE CITATION. D. Any means allowed by the Arizona Rules of Civil Procedure for the Superior Courts of Arizona. F. Recidivist Properties/Persons. The recidivist process is designed to provide relief via an expedited enforcement process for problems with persons or entities who repeatedly violate any provision of this code or Town ordinance and who have demonstrated an unwillingness to comply with this Section 1-8-3. Any violation of this chapter, whether initially deemed civil or criminal in nature, which is committed by a person deemed a recidivist as set forth in Subsection 1-8-3(F)(2) below, MAY shall be deemed a misdemeanor and MAYchall be addressed as set forth in Subsection 1-8-2(A) above. 2. A person or entity MAYshatl be deemed a "recidivist" if such person or entity has been issued a notice of violation and/or civil citation, and/or criminal charges filed OVERfer two or moro times within the last ONEtwG-year period relating to violations of the same provisions of this code. RESOLUTION 2021-29 PAGE 5 Chapter 6 Animals Article 6-1 Rules and Regulations Section 6-1-3 Noises A. It is unlawful to harbor or keep any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or the making of other noises disturbs the peace of a neighborhood or any two or more persons not residing in the same household, one of which may be a member of the Town law enforcement agency or animal control officer. B. First offense convictions, under this section, shall be sentenced as a petty offense. Second Third and all subsequent VIOLATIONSconvictions under this section MAY RESULT IN A CIVIL SANCTION PURSUANT TO SECTION 1-8-3cha11 be sentenced as a class 1 misdemeanor. Section 6-1-5 Swine It is unlawful to keep any live swine or pigs in the town, EXCEPT PUREBRED MINIATURE VIETNAMESE POTBELLY PIGS AND OTHER SIMILAR PUREBRED MINIATURE PIGS. Article 6-2 Rabies/Animal Control Leash Law Section 6-2-3 License Fees for Dogs; Issuance of Dog Tags; Records; Penalties; Classification D. IT IS UNLAWFUL FOR A PERSONAny person who fails within fifteen days after written notification from the enforcement agent, to FAIL TO obtain a license for a dog required to be licensed. ANY PERSON WHO; counterfeits or attempts to counterfeit an official dog tag, or removes such tag from any dog for the purpose of willful and malicious mischief or places a dog tag upon a dog unless the tag was issued for that particular dog MAY BE is-guilty of a Celass Ttwo Mmisdemeanor, AS ENFORCED BY MARICOPA COUNTY. Section 6-2-5 Dogs Not Permitted at Large; Wearing Licenses Notwithstanding any other provision of this article, any dog owner, person acting for the dog owner, custodian or other person who permits, allows or causes a dog to be at large MAY BE GUILTY OF A CLASS TWO MISDEMEANOR, AS ENFORCED BY MARICOPA COUNTY.in violation of: RESOLUTION 2021-29 PAGE 6 1. Subsection A or B of this section is guilty of a class one misdemeanor. 2. Subsection C or D of this section is guilty of a class three misdemeanor. Section 6-2-8 Unlawful Interference with Enforcement Agent; Unlawful Keeping of Dogs A. It is unlawful forAany person WHO to—interfereS with the enforcement agent in the performance of his duties IS GUILTY OF A CLASS TWO MISDEMEANOR. B. It is unlawful for a person to keep, harbor or maintain a dog within the town except as provided by the terms of this article. RESOLUTION 2021-29 PAGE 7 Chapter 7 Buildings and Business Regulations Article 7-1 Technical Codes Section 7-1-1 Adoption by Reference; Violations C. ANY PERSON, FIRM, OR CORPORATION WHO VIOLATES ANY OF THE PROVISIONS OF THE TECHNICAL CODES MAY BE SUBJECT TO ONE OR MORE OF THE PENALTIES PRESCRIBED IN ARTICLE 1-8. D. THIS CODE SHALL NOT BE INTERPRETED AS LIMITING THE PENALTIES, ACTIONS, OR ABATEMENT PROCEDURES THAT MAY BE TAKEN BY THE TOWN UNDER ESTABLISHED LAWS, ORDINANCES, OR RULES, WHEN ANY PERSON, FIRM, OR CORPORATION VIOLATES ANY PROVISION OF THE TECHNICAL CODES. Section 7-1-2 Amendments Amend Section 110.4 110.4 Violation penalties Persons who violate a provision of this code or fail to comply with any of the requirements thereof or who erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certification used under provisions of this code, shall be LIABLEsentenced to a fine SANCTION PURSUANT TO SECTION 1-8-3 OF THIS CODE . Each day that the violation continues after notice has been served shall be deemed a separate offense. Amend Section 112.4 112.4 Failure to comply Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a CIVIL SANCTION PURSUANT TO SECTION 1-8-3 OF THIS CODE fine of not more than one thousand dollars ($1,000.00). RESOLUTION 2021-29 PAGE 8 Section P-101 Classification of Penalty P-101 Classification of penalty The following classifications shall apply to any violations of Appendix I: 1. Any person, firm, corporation, partnership, enterprise, or association, whether as principal, owner, agent, or otherwise, who violates, disobeys, omits, or refuses to comply with, or who resists the enforcement of any of the provisions of this code, is subject to a civil sanction. 2. Notwithstanding subsection 1 of this section, a THIRDsecond or subsequent violation of any of the provisions of this chapter within A TWELVE-MONTH a two year period MAY shall be deemed a misdemeanor. P-102 Civil penalties 1. Upon a finding of responsible to civil violation, the court shall impose a CIVIL SANCTION PURSUANT TO SECTION 1-8-3 OF THIS CODE fine not to exceed one thousand dollars ($1,000.00). 2. Upon a conviction of a misdemeanor, the defendant shall be sentenced pursuant to the provisions established IN SECTION 1-8-2 OF THIS CODE by the Town of Fountain Hills Court System. P-103 Civil violation, commencement of action 3. The citation will further notify the defendant that if he fails to appear on or before the date and time specified in the complaint, a judgment by default will be entered against him, and the court may, in its discretion, impose a civil sanction PURSUANT TO SECTION 1-8-3 OF THIS CODE not to exceed one thousand dollars ($1,000.00). Article 7-6 Noise Regulations during Construction Section 7-6-2 Penalties Violation of any provision of Section 7-6-1 is a civil offense AND MAY BE PUNISHABLE AS PROVIDED IN SECTION 1-8-3 OF THIS CODE. The municipal court of the Town shall conduct Each day a violation occurs shall constitute a separate event. RESOLUTION 2021-29 PAGE 9 Article 7-11 Enforcement of State Residential Rental Property Registration Section 7-11-1 Enforcement of State Residential Rental Property Registration C. The Town shall assess a civil penalty in accordance with Ariz. Rev. Stat. § 33-1902, as amended, AS WELL AS PURSUANT TO SECTION 1-8-3 OF THIS CODE, AS APPLICABLE, against any owner who fails to comply with the provisions thereof. RESOLUTION 2021-29 PAGE 10 Chapter 8 Business Regulations Article 8-1 Business Licenses Section 8-1-13 Violations; Penalties A. Civil (noncriminal) violations. It shall be a civil (noncriminal) violation, punishable as set forth in Article 1-8 of this Code, for a Person to do any of the following: 1. Fail to perform any act or duty required by any provision of ArticleS 8-1, 8-2 through 8-3, or Article 8-5, OR 8-6 of this Chapter. 2. Violate the terms and/or conditions of any license issued under the provisions of ArticleS 8-1, 8-2 through 8-3, or Article 8-5, OR 8-6 of this Chapter. B. Criminal violations. It MAYsh-all be a criminal violation, punishable as set forth in Article 1- 8, for a Person to do any of the following: 1. Intentionally or purposely f Fail to perform an act or duty required by any provision of this Article 8-4 OF THIS CHAPTER. 2. Fail to perform any act or duty required by any provision of this Chapter and such Person has been n sly fog ind responsible at least finis other times villy o Chapter. 4. Violate the terms and/or conditions of any license issued under the provisions of Article 8 4 of this Chapter. 2. FAIL TO PERFORM ANY ACT OR DUTY REQUIRED BY ANY PROVISION OF THIS CHAPTER WHEN SUCH PERSON HAS BEEN PREVIOUSLY FOUND RESPONSIBLE OVER TWO OTHER TIMES, CIVILLY OR CRIMINALLY, WITHIN TWELVE MONTHS, FOR A VIOLATION OF THIS CHAPTER. RESOLUTION 2021-29 PAGE 11 Chapter 9 Parks and Recreation Article 9-4 Park Rules and Regulations Section 9-4-2 Consumption of Alcohol at Town Owned Parks C. Penalty: VIOLATIONS OF THIS SECTION SHALL BE CONSIDERED CLASS 1 MISDEMEANORS AND WILL BE PUNISHABLE AS SUCH UNDER SECTION 1-8-2 OF THIS CODE AND STATE LAWViolation of any provisi^ of this s tion shah , pon conviction, be considered a Class 1 Misdemeanor. Section 9-4-3 Rules and Regulations at Town Owned Parks B. Penalties 1. Violations of subsections A(4) through A(15) shall be considered CIVIL petty offenses if the offender has not committed the same infraction within the last TWELVE (12)twenty four (21) months. Petty Offenses shall be punishable by a 2. MORE THAN TWOSubsequent violations(s) of the same subsection A(4)through A(15) offense within a TWELVE (12)twenty four (21) month period MAY&hatl be considered a Class 13 Misdemeanor, and will be punishable as such under SECTION 1-8-2 OF THIS CODE AND State Law. 3. Violations of subsections A(1), A(2), or A(3) of this section shall be considered Class 1 Misdemeanors and will be punishable as such under SECTION 1-8-2 OF THIS CODE AND State Law. Article 9-5 Fountain Hills McDowell Mountain Preserve Section 9-5-7 Penalties The Rules and Regulations contained in Article 9-5 will be considered CIVILpetty 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 0) and Sections 9-5-4 and 9-5-5 shall be considered a CIVILpetty offense if the offender has not been convicted of the same infraction within the last TWELVE(12)twenty RESOLUTION 2021-29 PAGE 12 four(2/1)months. {$100.00). B. MORE THAN TWOSubsequent VIOLATIONconvist+en(s) of the same subsections 9-5-3 (A, B, C, E, F, I, J, L, N and 0)and Sections 9-5-4 and 9-5-5 within a TWELVE (12)twenty four (2/l) month period MAYsI}a1I be considered a Class 13 Misdemeanor, and will be punishable as such under SECTION 1-8-2 OF THIS CODE AND State Law. C. Violations of the rules and regulations contained in subsections 9-5-3 (D, G, H, K, M, P and Q) of this section shall be considered a Class 1 Misdemeanor and will be punishable as such under SECTION 1-8-2 OF THIS CODE AND State Law. Article 9-6 Restrictions on Smoking In Public Parks, Preserves, and Trails Section 9-6-4 Order to leave; unlawful failure to comply A. The Director of Parks and Recreation, or any designee, may order any person who has failed to comply with the requirements of this section to immediately leave the park, preserve, or trail system in which the violation occurred. No person may remain in a park, preserve, or trail system or return to such location on the same day after such person has been ordered to leave. B. Any person who fails to comply with an order to leave the park, preserve, or trail system shall be responsible for a CIVILpetty offense, punishable PURSUANT TO SECTIONby 1- 8-3.8 1 3: 1. A fine not excee a first olation; 2. A fine not exceeding $200 for a second violation; 3. A fine not exceeding $300 for a third violation; 14, Any person who violates this section MORE THAN TWOfour or more times in any 24TWELVE-month period may be charged with and found guilty of a GClass 1 iMisdemeanor. RESOLUTION 2021-29 PAGE 13 Chapter 10 Health and Sanitation Section 10-1-6 Spilling of Refuse during Transport A. I unlawful for aAny Person WHOto haulS, or causeS to be hauled, on or along any public street, right-of-way or Alley in the Town, any Refuse or Recyclables unless such material is contained in the vehicle or receptacle in a manner that prevents the contents from falling out, leaking or spilling, and prevents obnoxious odor from escaping IS GUILTY OF A CLASS 1 MISDEMEANOR. If any Refuse or Recyclables fall out, leak or spill, such Person shall immediately clean up the Refuse, Recyclables or liquid. B. Failure to properly secure a load and any covering of the load to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the road way may be prosecuted as a violation of Ariz. Rev. Stat. § 28-1098 as may be amended from time to time. Section 10-1-7 Dumping of Refuse It is unlawful for anyANY Person WHOto placeS or causeS to be placed A SIGNIFICANT QUANTITY OF UNCONTAINEDany Refuse or Recyclables upon any public or private property within the Town IS GUILTY OF A CLASS 1 MISDEMEANOR, except as specifically permitted in this Article. Section 10-1-11 Hazardous Waste and Special Refuse L. ANY PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 MISDEMEANOR. Section 10-1-15 Violations and Citations A. Any violation of or failure to do or perform any act required by this Article constitutes a civil offense, UNLESS OTHERWISE PROVIDED. B. Customers of property in violation of this Article may be held individually and jointly responsible for the violation, the prescribed civil penalties and for abating the violation. C. Notice of violation. 1. The Town MAYshal-1 seek voluntary compliance with the provisions of this Section before issuing a civil citation or criminal complaint, as applicable. This MAYshall include a written Notice of violation given to the responsible party for the property. D. Civil citations. RESOLUTION 2021-29 PAGE 14 4. The citation shall direct the defendant to pay the fine imposed pursuant to Subsection 10-1-15(E) or appear in the Fountain Hills Municipal Court within ten days of the issuance of the citationON THE DATE NOTED ON THE CITATION, WHICH DATE SHALL NOT BE LESS THAN TEN DAYS AFTER CITATION ISSUANCE. E. Civil Penalties. 1. A Person ISSUED A CITATION BASED UPON VIOLATIONS OF vielatiGn-of this Article, other than Subsections 10-1-6, 10-1-7 or 10-1-11, shall be punishable PURSUANT TO SECTION 1-8-3by a base fine of not more than $250. F. Criminal penalties. A Person convicted of a violation of Subsections 10 1 6, 10 1 7 or 10 1 11 is guilty of a Class 1 Misdemeanor, punishable by term of not more than six months in jail and a base fine of not more than $2,500. FG. The penalties set forth in this Section 10 1 15 shall be in addition to any penalty that may be assessed pursuant to State Law or the Maricopa County Environmental Health Code. Section 10-1-24 Placement of Collection Containers C. All Collection Containers shall be stored CLOSE TO THE RESIDENCE OR SCREENED FROM VIEW between collection days so as to not be visible from AND MAY NOT BE LEFT IN the street or public rights-of-way. Article 10-2 Litter; Nuisances Section 10-2-10 Dropping Litter from Aircraft No person in any aircraft shall throw out, drop or deposit within the town any litter, handbill or any other object. ANY PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 MISDEMEANOR. Article 10-4 Removal of Litter Section 10-4-1 Notice to Remove through 10 '1 5, ilf a person owning and/or controlling any property fails, neglects or refuses to remove or properly dispose of litter, located on property owned and/or controlled by such person, PER THE PROVISIONS OF THIS SECTION AND OF SECTIONS 10-4-2 THROUGH 10-4-5, RESOLUTION 2021-29 PAGE 15 SUCH PERSON(S)both the owner of the property and the person who is in control of the property shall be given written notice by the TOWN MANAGER OR AUTHORIZED DESIGNEE clerk to remove all litter from such property within thirty days from the date the notice was received by the Such notice shall be received not lees than thirty days before the date set thereon for compliance and shall contain an estimate of the cost of removal by the Town, AS WELL AS a statement that unless SUCH PERSON(S) complies therewith within thirty days from the date such written notice is received, that the Town will, at the expense of SUCH PERSON(S) both the person owning and the person controlling said property, perform the necessary work at a cost not to exceed the estimate given in the notice.; and THE NOTICE SHALL FURTHER STATE that SUCH PERSON(S)the owner and/or the controller of the property may appeal in writing to the clerk within thirty days from the date the notice is received by him and prior to the date of compliance. RESOLUTION 2021-29 PAGE 16 Chapter 11 Offenses Article 11-1 Offenses Section 11-1-1 Abandoned Vehicles C. Removal/PENALTY 1. The owner, tenant, lessee or other occupant of any private property within the corporate limits of the town upon which storage is prohibited by subsection B of this section and also the owner of such abandoned vehicles or abandoned vehicle parts involved in such storage shall jointly and severally abate the nuisance. 2. Any person who fails, neglects or refuses to abate such nuisance SPECIFIED IN 11-1-1(B)(1) shall be notified in writing Code to abate the nuisance within the time period appearing on such written notice. SUCH NOTICE MAY BE PLACED ON THE SUBJECT VEHICLE. FAILURE TO COMPLY WITH WRITTEN NOTIFICATION MAY BE PUNISHABLE AS SET FORTH IN SECTION 1-8-3. 3. When any person to whom notice has been provided according to this subsection fails, neglects or refuses TO ABATE THE NUISANCE WITHIN THE TIME PERIOD APPEARING ON THE for more than ten days from the date appearing on the notice to abate the nuisance, the town manager or his designee is hereby authorized to remove the abandoned vehicle or abandoned vehicle parts from the premises, store same, and dispose of same according to law. 4. The owner, tenant, lessee or other occupant of any private property, from which the town has removed an abandoned vehicle or abandoned vehicle parts pursuant to this section, shall be liable for all costs incurred in removing said items from the property. 5. EACH DAY THAT A VIOLATION CONTINUES MAY BE A SEPARATE OFFENSE PUNISHABLE BY IMPOSITION OF A CIVIL SANCTION. SERVICE OF ANY CITATION FOR VIOLATION OF THIS ARTICLE MAY BE ACCOMPLISHED, AND WILL BE DEEMED PROPER AND COMPLETE, BY AFFIXING THE CITATION TO THE VEHICLE OWNED BY THE DEFENDANT WHICH CONSTITUTES THE PARKING, LOCATION OR ABANDONMENT OFFENSE CHARGED IN THE CITATION very personfails ^glects or refuses to abate the abandoned vehicle or abandoned vehicle parts nuisance after notice as provided in this section shall also be guilty of a Class 1 Misdemeanor. The imposition of any PENALTYsentence shall not exempt the offender from compliance with the requirements of this section. RESOLUTION 2021-29 PAGE 17 Section 11-1-2 Dangerous Construction A. It is unlawful for any person to maintain or allow any signs, billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety. B. ANY PERSON WHO FAILS TO ABATE A DANGEROUS CONSTRUCTION WITHIN A REASONABLE AMOUNT OF TIME AFTER NOTICE OF VIOLATION IS GIVEN MAY BE GUILTY OF A CIVIL INFRACTION. Section 11-1-3 Defacing Public and Private Property C. In the event of a conviction for a first offense under this section, the minimum fine shall be shall be a minimum fine of$300 with a maximum fine of$2,500.A VIOLATION OF THIS SECTION SHALL BE CONSIDERED A CIVIL OFFENSE PUNISHABLE BY A CIVIL SANCTION PURSUANT TO SECTION 1-8-3 OF THIS CODE. In the event the defendant charged is a juvenile, his parents or other persons with whom he resides or who have custody over such juvenile shall be likewise cited and shall be subject to the fines provided herein. G. Graffiti prohibited. All sidewalks, walls, buildings, fences, signs, and other structures or surfaces shall be kept free from graffiti that is visible from the street, right-of-way or other public or private property. 1. Notice of Abatement. If it is determined by the Town that graffiti exists on property in violation of this Section, the Town shall, in writing, notify the responsible party with a notice of abatement. The notice of abatement shall direct that the graffiti be abated within 20 days of receipt of the notice. The notice of abatement shall state that in the event the responsible party fails to abate the graffiti within the time period specified in the notice of violation, the Town may, in addition to the civil penalty remedies set forth in Section 1-8-3, abate the graffiti as set forth in Subsection (G)(2) below, and may bill the responsible party for the cost and administrative charge as set forth in Subsection (G)(2) below. The notice of abatement may be served by regular mail, personal service or by posting the subject property. 2. Town's authority to abate. If the responsible party fails to abate the graffiti as required by the notice of abatement, the Town may proceed to abate the graffiti and may bill the responsible party for the cost thereof plus an administrative charge of ten percent of the cost of abatement. The Town or its authorized private contractor is expressly authorized to enter private property and abate graffiti thereon in accordance with this section. Section 11-1-4 Fireworks RESOLUTION 2021-29 PAGE 18 B. Use of Fireworks prohibited; exceptions. 1 The use, discharge or ignition of Fireworks within the corporate limits of the Town is prohibited, except that Permissible Consumer Fireworks may be used during the periods of MAY 4 THROUGH MAY 6, June 24 through July 6, and December 24 through January 3 of each year. 2. Nothing in this Section shall be construed to prohibit the use, discharge or ignition of Novelty Items or the occurrence of a Supervised Public Display of Fireworks. 3. Permits may be granted by the Fire Chief or authorized designee for conducting a properly Supervised Public Display of Fireworks. Every such Supervised Public Display of Fireworks shall be of such character and so located, discharged or fired, only after proper inspection and in a manner that does not endanger persons, animals or property. A permit shall not be issued, and may be revoked, during time periods of High Fire Danger warnings. The Fire Chief or authorized designee has authority to impose conditions on any permits granted. 4. Failure to comply with any permit requirements issued by the Fire Chief or authorized designee is a civil offense punishable by a CIVIL SANCTION PURSUANT TO SECTION 1-8-3 OF THIS CODE base fine of up to one thousand dollars ($1,000)for each violation. C. Sale of Fireworks. 1. The sale of fireworks within the corporate limits of the Town is prohibited, except that Permissible Consumer Fireworks may be sold during the periods of APRIL 25 THROUGH MAY 6, May 20 through July 6, and December 10 through January 3 of each year. D. Posting of signs by persons engaged in the sale of Fireworks; civil penalty. 4. Failure to comply with subsections 11-1-4(D)(1) or (2) of this section is a civil offense punishable by a CIVIL SANCTION PURSUANT TO SECTION 1-8-3 OF THIS CODEbase fine of up to seven hundred fifty dollars ($750.00). G. Penalty. Unless otherwise specifically set forth in this section, the civil penalty for violating any prohibition or requirement imposed by this section is a CIVIL SANCTION PURSUANT TO SECTION 1-8-3 OF THIS CODEbase fine of one thousand dollars ($1,000) for each violation. Section 11-1-6 Curfew Hours for Minors RESOLUTION 2021-29 PAGE 19 E. Penalty. CONVICTIONS UNDER THIS SECTION SHALL BE IMPOSED BY A JUVENILE HEARING OFFICER IN ACCORDANCE WITH A.R.S. § 8-323(F). First offence convictions, under this section, shall be sentenced as a petty offense. Second offense convictions, under this section, shall be sentenced as a class 2 misdemeanor. Third and all subsequent convictions under this section shall be sentenced as a class 1 misdemeanor. Section 11-1-7 Noise H. Violations. The Town Manager or designee, code official or Town-designated law enforcement officer may issue civil citations pursuant to subsection 1-8-3(D) to enforce violations of this section. After civil enforcement as set forth in subsection 1-8-3(FD), any Town-designated law enforcement officer or the Town Prosecutor may issue criminal complaints pursuant to subsection 1-8-2(A) to enforce this section. Section 11-1-17 Use of Town-Owned Washes D. Penalties: 1. VIOLATIONS OF SECTION 11-1-17 B (EXCEPT FOR SUBSECTIONS 2, 4 AND 5) SHALL BE CONSIDERED A CIVIL OFFENSE PUNISHABLE BY A CIVIL SANCTION PURSUANT TO SECTION 1-8-3 OF THIS CODE. OVER TWO VIOLATIONS OF THE SAME SUBSECTION OFFENSE(S) SPECIFIED ABOVE WITHIN A TWELVE-MONTH PERIOD MAY BE CONSIDERED A person who violates the provisions of this section shall, upon conviction thereof, be-guilty of a Class 1 Misdemeanor. 2. VIOLATIONS OF SECTION 11-1-17 B 2, 4 AND 5 SHALL BE CONSIDERED A CLASS 1 MISDEMEANOR. 32. A person who violates the provisions of this section may, upon conviction thereof, be temporarily or permanently banned from using any Town-owned wash. I RESOLUTION 2021-29 PAGE 20 Chapter 12 Traffic Control Article 12-2 Traffic Control Section 12-2-11 Operation of Vehicles on Vacant Lots D. A person who violates this section 12 2 11 is guilty of a Class 3 Misdemeanor. In addition to or in lieu of a-CIVIL fineSpursuant to this section 12 2 11, a judge may order a person to (1) perform at least eight but not more than twenty-four hours of a community restitution course or (2) complete an approved safety course related to the off-highway operation of motor vehicles, or both. Section 12-2-14 Penalties Violations of this article shall be punishable as set forth in Chapter 1, Article 1-8, Section 1 8 2, Subsection B, of this code. RESERVED Article 12-3 Parking Section 12-3-20 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 PURSUANT TO SECTION 1-8-3 OF THIS CODEnot to exceed two hundred fifty dollars ($250.00). Article 12-5 Motorized Skateboards and Motorized Play Vehicles Section 12-5-5 Violations B. Any violation of or failure or refusal to do or perform any act required by subsection 12-5- 2(B)or Section 12-5-3 of this Article constitutes a civil offense, PUNISHABLE BY A CIVIL SANCTION PURSUANT TO SECTION 1-8-3 OF THIS CODE. The municipal court of the Town shall conduct a hearing and shall assess a sanction of$100.00 for a first violation, violation occurs shall constitute a separate event. RESOLUTION 2021-29 PAGE 21 Chapter 16 Streets and Sidewalks Article 16-1 Encroachments Section 16-1-13 Revocation of Permit D. Any permit holder that has been determined by the Town Engineer to have shown a lack of diligence, as set forth in subsection C of this section, shall be in violation of this Code and shall be subject to the penalties set forth in ArticicSECTION 1-8-3.