HomeMy WebLinkAboutOrd 2021-15 ORDINANCE NO. 21-15
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, AMENDING
SECTION 1.10, VIOLATION AND PENALTY, SECTION 20.15,
PENALTIES, AND SECTION 21.12 AND VIOLATIONS AND
PENALTIES
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted
Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town
of Fountain Hills (the "Zoning Ordinance"); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 1,
Introduction, by amending Section 1.10 Violation and Penalty, to change from a misdemeanor to
a civil penalty, amending Chapter 20, Saguaro Cactus Preservation, Section 20.15, Penalties, to
reference the Penalty section in 1-8-2 of the Town Code, amending Chapter 21, Adult Business
Zoning Regulations, and Section 21.12, Violations and Penalties, to change the reference for the
penalty from Zoning Ordinance Section 1.10 and to Town Code Section 1-8-2; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the September 1 and 8, 2021
editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
September 14, 2020 and by the Town Council on September 21, 2021.
ENACTMENT:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 1, Introduction, by amending Section 1.10,
Violation and Penalty, is amended as follows:
Section 1.10 Violation and Penalty
It is hereby declared to be unlawful to construct, erect, install, alter, change, demolish, maintain,
or use any house, building, structure, or fence, or to use any lot or parcel contrary to, or in violation
of, any provision of this ordinance. Any person, firm, or corporation, found to be violating any of
the provisions of this zoning ordinance and any amendments thereto, shall be guilty of a
misdemeanor CIVIL INFRACTION and is subject to punishment provided in Article 1-8 of the
Town Code.
ORDINANCE 21-15 PAGE 2
SECTION 3. The Zoning Ordinance, Chapter 20, Saguaro Cactus Preservation, Section 20.15,
Penalties, A. is amended as follows:
A.
IN
ADDITION TO APPLICABLE CRIMINAL PENALTIES UNDER ARIZONA LAW,
VIOLATIONS OF THIS SAGUARO CACTUS PRESERVATION ORDINANCE SHALL
BE SUBJECT TO THE PROVISIONS OF THE FOUNTAIN HILLS TOWN CODE,
SECTION 1-8-2 REGARDING CRIMINAL PENALTIES.
SECTION 4. The Zoning Ordinance, Chapter 21, Adult Business Zoning Regulations, Section
21.12, Violations and Penalties, is amended as follows:
In addition to applicable criminal penalties under Arizona law, ,
violations of this Adult Business Ordinance shall be subject to the provisions of
Z-on-449-Gr-d-iilaaaeT-Sestionalation-and-Penaltyr as-well-as the Fountain Hills Town Code,
SECTIONActisle 1-8-24 REGARDING CRIMINAL PENALTIESPoaatty.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held to be unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
SECTION 7. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the
laws of the State of Arizona, the City/Town Council has considered the individual property rights
and personal liberties of the residents of the City/Town and the probable impact of the proposed
ordinance on the cost to construct housing for sale or rent before adopting this ordinance
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
21st day of September, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Elizabet�1 lein(Sep 23,202108:23 PDT)
Ginn Dick ayor Elizabeth A. Klein,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
V- ,4g-
Grady E. Mil • wn Manager Aaron D. Arnson, Town Attorney