HomeMy WebLinkAboutOrd 2022-01
ORDINANCE NO. 22-01
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 1, INTRODUCTION, SECTION 1.12,
DEFINITIONS, AMENDING THE DEFINITIONS OF FAMILY AND GROUP
HOME; AMENDING CHAPTER 5, GENERAL PROVISIONS, SECTION 5.13,
RESERVED, RENAMING THE SECTION AND PROVIDING REGULATIONS
FOR GROUP HOMES; AMENDING CHAPTER 10, SINGLE-FAMILY
RESIDENTIAL ZONING DISTRICTS, SECTION 10.02 A. 12. GROUP HOMES
FOR THE HANDICAPPED AND ELDERLY CARE; AND, AMENDING
CHAPTER 11, SECTION 11.02 A. 11. GROUP HOMES FOR THE
HANDICAPPED AND ELDERLY CARE
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 01 amending Chapter 1, Introduction, Section 1.12,
Definitions, amending the definitions of Family and Group Home; amending Chapter 5, General
Provisions, Section 5.13, Reserved, renaming the section and providing regulations for group
homes; amending Chapter 10, Single-family Residential Zoning Districts, Section 10.02 A. 12.
Group Homes for the Handicapped and Elderly Care; and, amending Chapter 11, Section 11.02 A.
11. Group Homes for the Handicapped and Elderly Care; 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 February 23, 2022 and
March 2, 2022 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
March 14, 2022, and by the Town Council on April 5, 2022; and
WHEREAS, the Town recognizes its regulations for group homes for the handicapped (referred
to as Community Residences) need revision to protect the welfare and safety of residents in those
homes and to prevent clustering or overconcentration; and
WHEREAS, the FHAA generally prohibits zoning practices that discriminate against individuals
with disabilities by “making unavailability or denying housing to those persons”; and
WHEREAS, a community residence seeks to achieve “normalization” of their residents and
incorporate them into the social fabric of the surrounding community (known as “community
integration”); and
WHEREAS, a community residence seeks to emulate a family in how they function (see definition
of family). The residents with disabilities learn or re-learn the same life skills and social behaviors
of a family; and
ORDINANCE 22-01 PAGE 2
WHEREAS, to enforce the rationally based distancing regulations and to ensure accuracy of its
data, the Town will require existing and future Community Residences to annually register with
the Town; and
WHEREAS, by amending its zoning ordinance the Town gives prospective operators of
Community Residences for people with disabilities clarity and certainty regarding where such
homes may locate; and
WHEREAS, the regulations are the least restrictive means to actually achieving the Town’s
legitimate government interest; and
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws
of the State of Arizona, the Town Council has considered the individual property rights and
personal liberties of the residents of the Town and the probable impact of the proposed ordinance
on the cost to construct housing for sale or rent before adopting this ordinance.
ENACTMENTS:
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, Section 1.12, Definitions, is hereby
amended as follows:
…
COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE IS A RESIDENTIAL LIVING
ARRANGEMENT WHERE INDIVIDUALS LIVE AS A FAMILY IN A SINGLE DWELLING UNIT
WHO ARE IN NEED OF THE MUTUAL SUPPORT FURNISHED BY OTHER RESIDENTS OF
THE COMMUNITY RESIDENCE AS WELL AS THE SUPPORT SERVICES, IF ANY,
PROVIDED BY THE STAFF OF THE COMMUNITY RESIDENCE. RESIDENTS MAY BE SELF-
GOVERNING OR SUPERVISED BY A SPONSORING ENTITY OR ITS STAFF, WHICH
PROVIDES HABILITATIVE OR REHABILITATIVE SERVICES RELATED TO THE
RESIDENTS' DISABILITIES. A COMMUNITY RESIDENCE SEEKS TO EMULATE A
BIOLOGICAL FAMILY TO FOSTER NORMALIZATION OF ITS RESIDENTS AND INTEGRATE
THEM INTO THE SURROUNDING COMMUNITY. ITS PRIMARY PURPOSE IS TO PROVIDE
SHELTER IN A FAMILY-LIKE ENVIRONMENT. MEDICAL TREATMENT IS INCIDENTAL AS
IN ANY HOME. SUPPORTIVE INTER-RELATIONSHIPS BETWEEN RESIDENTS ARE AN
ESSENTIAL COMPONENT. COMMUNITY RESIDENCE INCLUDES SOBER LIVING HOMES
AND ASSISTED LIVING HOMES BUT DOES NOT INCLUDE ANY OTHER GROUP LIVING
ARRANGEMENT FOR UNRELATED INDIVIDUALS WHO ARE NOT DISABLED NOR ANY
SHELTER, ROOMING HOUSE, BOARDING HOUSE OR TRANSIENT OCCUPANCY.
FAMILY COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE WITH FIVE (5) TO EIGHT
(8) BEDS, INCLUDING RESIDENT STAFF THAT IS A RELATIVELY PERMANENT LIVING
ARRANGEMENT WITH NO LIMIT ON THE LENGTH OF TENANCY AS DETERMINED IN
PRACTICE OR BY THE RULES, CHARTER, OR OTHER GOVERNING DOCUMENTS OF THE
ORDINANCE 22-01 PAGE 3
COMMUNITY RESIDENCE. THE MINIMUM LENGTH OF TENANCY IS TYPICALLY A YEAR
OR LONGER.
TRANSITIONAL COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE WITH FIVE (5) TO
SIX (6) BEDS, INCLUDING RESIDENT STAFF, THAT PROVIDES A RELATIVELY
TEMPORARY LIVING ARRANGEMENT WITH A LIMIT ON LENGTH OF TENANCY MORE
THAN THIRTY (30) DAYS AND LESS THAN A YEAR, AS DETERMINED EITHER IN
PRACTICE OR BY THE RULES, CHARTER, OR OTHER GOVERNING DOCUMENT OF THE
COMMUNITY RESIDENCE.
…
Family: An individual, or two (2) or more persons related by blood or marriage, or a group of NOT
MORE THAN FOUR (4) persons not related by blood or marriage, living together as a single
housekeeping group in a dwelling unit. IN SPIRIT BUT NOT DIRECT APPLICATION, FAMILIES
MAINTAIN LEGAL DOMICILE AT THE PARTICULAR DWELLING UNIT AND LEGAL
OWNERSHIP OR TENANCY OF THE DWELLING UNIT AS EVIDENCED ON A DEED OR
LEASE.
…
Group Home for the Handicapped and Adult Care: A dwelling shared by handicapped and/or
elderly people as their primary residence and their resident staff, who live together as a single
housekeeping unit, sharing responsibilities, meals, and recreation. The staff provides care for the
residents. A Group Home for the Handicapped and Adult Care does not include nursing homes,
alcohol or other drug treatment centers, community correction facilities, shelter care facilities, or
homes for the developmentally disable as regulated by the Arizona Revised Statutes Section 36-
582.
…
SECTION 3. The Zoning Ordinance, Chapter 5, General Provisions, Section 5.13, Reserved, is
hereby amended as follows:
Section 5.13. ReservedCOMMUNITY RESIDENCES
(Deleted per Ordinance 2004-10 – Storage and Parking of Mobile Homes, Boats, Aircraft, Truck
Campers, Camping Trailers, Travel Trailers and Other Trailers is hereby deleted in its entirety.)
Refer to Chapter 7 – Section 7.02.
A. STANDARDS:
1. TO PREVENT THE CLUSTERING OF COMMUNITY RESIDENCES AND TO
BETTER INTEGRATE COMMUNITY RESIDENCE RESIDENTS INTO THE
SURROUNDING NEIGHBOR AND COMMUNITY, SUCH HOME MUST BE
LOCATED ON A LOT THAT IS AT LEAST ONE THOUSAND THREE HUNDRED
TWENTY (1,320) FEET FROM THE EXTERIOR LOT LINES OF ANOTHER
COMMUNITY RESIDENCE, MEASURED BY A STRAIGHT LINE FROM THE
PROPERTY LINE IN ANY DIRECTION.
2. NO MORE THAN TWO PERSONS PER BEDROOM.
ORDINANCE 22-01 PAGE 4
3. AN INDIVIDUAL REQUIRED TO REGISTER UNDER ARIZONA LAW AS A SEX
OFFENDER AND CLASSIFIED AS A LEVEL II OR LEVEL III COMMUNITY RISK
(INTERMEDIATE TO HIGH RISK) IS NOT PERMITTED TO LIVE IN A
COMMUNITY RESIDENCE.
B. APPLICATION REQUIREMENTS:
1. COPY OF LICENSE OR CERTIFIED THROUGH ONE OR MORE OF THE
FOLLOWING GROUPS:
A. LICENSE OR IS CERTIFIED BY THE STATE OF ARIZONA
DEPARTMENT OF HEALTH; OR
B. LICENSE OR IS CERTIFIED BY THE ARIZONA RECOVERY HOUSING
ASSOCIATION; OR,
C. “PERMANENT” OXFORD HOUSE CHARTER.
2. IF THE PROPERTY IS BEING RENTED OR LEASED, AN ACKNOWLEDGE-
MENT FROM THE PROPERTY OWNER AGREEING TO THE USE OF THE
PROPERTY AS A COMMUNITY RESIDENCE.
3. A DESCRIPTION OF THE SCOPE OF SERVICES TO BE PROVIDED IN THE
HOME AND WHETHER OR NOT THE RESIDENTS WILL BE AMBULATORY.
4. A STATEMENT THE HOME SHALL NOT HOUSE ANY PERSON WHOSE
TENANCY WOULD CONSTITUTE A DIRECT THREAT TO THE HEALTH OR
SAFETY OF OTHER INDIVIDUALS OR WOULD RESULT IN SUBSTANTIAL
PHYSICAL DAMAGE TO THE PROPERTY OF OTHERS.
5. THE PORTIONS OF ANY STATE LICENSE OR THIRD PARTY CERTIFICATION
APPLICATION REQUIREMENTS THAT PROVIDE:
A. NAMES AND CONTACT INFORMATION FOR CONTACT
INDIVIDUAL(S) FOR THE HOME WHO CAN RESPOND TO
COMPLAINTS OR EMERGENCIES.
B. INFORMATION REGARDING POLICIES AND PROCEDURES FOR
RESIDENTS AND VISITORS RELATED TO PARKING, NOISE
EMANATING FROM THE HOME, SMOKING, CLEANLINESS OF THE
PUBLIC SPACE NEAR THE HOME, AND LOITERING IN FRONT OF
THE HOME OR NEAR-BY HOMES ARE ESTABLISHED, KNOWN TO
RESIDENTS, AND ENFORCED.
C. INFORMATION REGARDING EFFORTS TO PROMOTE THE SAFETY
OF THE SURROUNDING NEIGHBORHOOD.
ORDINANCE 22-01 PAGE 5
6. A FLOOR PLAN OF THE HOME SHOWING ALL BEDROOMS, LIVING, AND
DINING AREAS.
7. THE APPLICANT SHALL ATTEST THAT THEY WILL PROVIDE ALL
EVIDENCE PERMISSIBLE BY CODE AND AUTHORITY HAVING
JURISDICTION NECESSARY IN RESPONSE TO A CODE ENFORCEMENT
INQUIRY, IN PARTICULAR, OCCUPANCY LOGS.
8. EVIDENCE OF THE PROPERTY’S APPROPRIATE MARICOPA COUNTY TAX
CLASSIFICATION FOR THE USE APPLIED PRIOR TO COMPLETION OF
REGISTRATION AND OCCUPANCY OF THE PROPERTY.
9. A COPY OF THE STANDARD RESIDENCY AGREEMENT FOR INDIVIDUALS
TO OCCUPY THE COMMUNITY RESIDENCE.
10. CERTIFICATION THAT NO OUTPATIENT TREATMENT CENTER LICENSURE
WILL BE SOLICITED OR OCCUR ON-PREMISES AND THAT MEDICATION
DISTRIBUTION WILL NOT EXCEED WHAT WOULD NORMALLY BE
EXPECTED IN A FAMILY HOME.
11. RECEIVES A TOWN BUSINESS LICENSE, IF APPLICABLE.
C. REGISTRATION:
1. REGISTRATION OF A COMMUNITY RESIDENCE WITH THE TOWN IS
REQUIRED PRIOR TO BEGINNING OPERATION. AN APPROVED REGISTRA-
TION IS VALID FOR ONE YEAR FROM DATE ADMINISTRATIVELY ISSUED.
2. FOLLOWING RECEIPT OF A COMPLETE APPLICATION FOR REGISTRA-
TION, THE PROPERTY WILL BE INSPECTED BY THE BUILDING OFFICIAL
AND FIRE MARSHAL FOR COMPLIANCE WITH ALL LIFE SAFETY
REQUIREMENTS. ANY IDENTIFIED DEFICIENCIES MUST BE ADDRESSED
AND COMPLIANCE VERIFIED THROUGH A FOLLOW UP INSPECTION
BEFORE THE REGISTRATION WILL BE COMPLETED.
3. ALL REQUIRED DOCUMENTS LISTED IN B. WILL BE REVIEWED. ANY
REQUIRED CORRECTIONS OR CLARIFICATIONS MUST BE SUBMITTED TO
COMPLETE THE REGISTRATION PROCESS.
4. WHEN ALL REGISTRATION REQUIREMENTS HAVE BEEN MET, THE
DEVELOPMENT SERVICES DIRECTOR WILL ADMINISTRATIVELY
COMPLETE THE TOWN’S REGISTRATION PROCESS.
5. IF ALL OTHER REQUIREMENTS OF THIS ORDINANCE ARE MET, THE
DEVELOPMENT SERVICES DIRECTOR MAY ISSUE A CONDITIONAL
REGISTRATION FOR UP TO 90 DAYS WHILE THE APPLICANT APPLIES FOR
AND RECEIVES
ORDINANCE 22-01 PAGE 6
A. THE LICENSE OR CERTIFICATE AS REQUIRED BY B.1.;
B. THE MARICOPA TAX VERIFICATION REQUIRED BY B. 9.; AND,
C. A TOWN BUSINESS LICENSE, IF APPLICABLE
THE APPLICANT MAY NOT OCCUPY THE RESIDENCE UNTIL THESE ITEMS
ARE RECEIVED BY THE TOWN. IF THE IF ONE OR MORE OF THESE ITEMS
ARE NOT RECEIVED BY THE TOWN WITHIN 90 DAYS, OR IS NOT
APPROVED, THE REGISTRATION OF THE PROPERTY WILL BE
RESCINDED. SHOULD THE LICENSE OR CERTIFICATE BECOMES
REVOKED FOR ANY REASON, THE COMMUNITY RESIDENCE OPERATOR
WILL HAVE 45 DAYS TO VACATE THE PROPERTY.
6. REREGISTRATION. THE COMMUNITY RESIDENCE OPERATOR MUST
REGISTER ANNUALLY BY SUBMITTING A NEW APPLICATION WITH ANY
UPDATED DOCUMENTS. THE REGISTRATION CAN BE RENEWED IF THE
FOLLOWING ARE MET:
A. THE HOME HAS MAINTAINED A CURRENT LICENSE OR
CERTIFICATE.
B. THE HOME OR OPERATOR HAS MAINTAINED A CURRENT TOWN
BUSINESS LICENSE, IF APPLICABLE.
C. RE-INSPECTION OF THE PROPERTY HAS VERIFIED ONGOING
COMPLIANCE WITH LIFE SAFETY STANDARDS.
D. THE PROVIDER HAS COMPLIED WITH THE POLICIES AND
PROCEDURES ESTABLISHED IN B. 6.
E. VERIFICATION OF THE CURRENT, APPROPRIATE MARICOPA
COUNTY TAX STATUS.
D. ANY COMMUNITY RESIDENCE THAT IS IN OPERATION AS OF THE ADOPTION OF
THIS SECTION SHALL BE CONSIDERED A LEGAL NON-CONFORMING USE
CONSISTENT WITH SECTION 4.01 B OF THE ZONING ORDINANCE. ANY NEW
COMMUNITY RESIDENCE OR ANY RESIDENCE THAT IS IN OPERATION BUT THAT
TRANSFERS OWNERSHIP SHALL BE SUBJECT TO THE PROVISIONS OF THIS
SECTION.
E. WAIVER. TO ESTABLISH A COMMUNITY RESIDENCE THAT DOES NOT COMPLY
WITH THE OCCUPANCY OR SEPARATION REQUIREMENTS, THE APPLICANT MAY
APPLY TO THE DEVELOPMENT SERVICES DEPARTMENT FOR A WAIVER. IN ALL
CASES THE DEVELOPMENT SERVICES DIRECTOR SHALL SUBMIT THE REQUEST
TO THE WAIVER TO THE COMMUNITY RESIDENCE WAIVER COMMITTEE TO MAKE
FINDINGS OF FACT IN SUPPORT OF THE DETERMINATIONS AND SHALL RENDER
THE DECISION IN WRITING. THE APPLICATION WILL INITIALLY BE REVIEWED BY
THE DEVELOPMENT SERVICES DIRECTOR FOR COMPLETENESS. THE DIRECTOR
ORDINANCE 22-01 PAGE 7
MAY MEET WITH AND INTERVIEW THE APPLICANT TO REQUEST ADDITIONAL
SUPPORTING INFORMATION TO DETERMINE THE NECESSITY OF THE
ACCOMMODATION AND TO ASCERTAIN OR CLARIFY INFORMATION SUFFICIENT
FOR THE COMMITTEE TO MAKE THE REQUIRED FINDINGS.
1. TO GRANT A WAIVER, THE COMMITTEE SHALL FIND AFFIRMATIVELY ALL
OF THE FOLLOWING STANDARDS:
A. THE APPLICANT DEMONSTRATES THROUGH DOCUMENTATION
AND EVIDENCE THAT THE PROPOSED COMMUNITY RESIDENCE
CAN AND WILL EMULATE A BIOLOGICAL FAMILY AND FUNCTION
AS A RESIDENTIAL USE RATHER THAN AN INSTITUTIONAL OR
OTHER NONRESIDENTIAL USE.
B. THE APPLICANT DEMONSTRATES THROUGH DOCUMENTATION
AND EVIDENCE THAT THE PROPOSED COMMUNITY RESIDENCE
NEEDS TO HOUSE MORE THAN 10 RESIDENTS OR REDUCE THE
SEPARATION FOR FINANCIAL OR THERAPEUTIC REASONS.
C. THE APPLICANT DEMONSTRATES THROUGH DOCUMENTATION
AND EVIDENCE THAT THE PROPOSED COMMUNITY RESIDENCE
WILL NOT INTERFERE WITH THE NORMALIZATION AND
COMMUNITY INTEGRATION OF THE RESIDENTS OF ANY EXISTING
COMMUNITY RESIDENCE AND THAT THE PRESENCE OF OTHER
COMMUNITY RESIDENCES WILL NOT INTERFERE WITH THE
NORMALIZATION AND COMMUNITY INTEGRATION OF THE
RESIDENTS OF THE PROPOSED COMMUNITY RESIDENCE.
D. THE APPLICANT DEMONSTRATES THROUGH DOCUMENTATION
AND EVIDENCE THAT IT WILL OPERATE THE HOME IN A MANNER
SIMILAR TO THAT ORDINARILY REQUIRED BY STATE LICENSING
TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE
OCCUPANTS OF THE PROPOSED COMMUNITY RESIDENCE.
E. THE APPLICANT DEMONSTRATES THROUGH DOCUMENTATION
AND EVIDENCE THAT THERE ARE NO OTHER VIABLE LOCATIONS
FOR THE COMMUNITY RESIDENCE AND THAT THE PROPOSED
COMMUNITY RESIDENCE IN COMBINATION WITH ANY EXISTING
COMMUNITY RESIDENCES WILL NOT ALTER THE RESIDENTIAL
CHARACTER OF THE SURROUNDING NEIGHBORHOOD BY
CREATING AN INSTITUTIONAL ATMOSPHERE OR BY CREATING A
DE FACTO SOCIAL SERVICE DISTRICT BY CONCENTRATING
COMMUNITY RESIDENCES ON A BLOCK OR IN A NEIGHBORHOOD.
2. THE COMMUNITY RESIDENCE WAIVER COMMITTEE SHALL BE
COMPOSED OF THE TOWN DEVELOPMENT SRVICES DIRECTOR, THE
BOARD OF ADJUSTMENT CHAIR OR DESIGNEED, AND THE PLANNING
AND ZONING COMMISSION CHAIR OR DESIGNEE.
ORDINANCE 22-01 PAGE 8
F. VIOLATIONS AND PENALTIES
1. IN ADDITION TO APPLICABLE PENALTIES UNDER ARIZONA LAW,
VIOLATIONS OF THIS COMMUNITY RESIDENCE ORDNANCE SHALL BE
SUBJECT TO THE PROVISION OF THE FOUNTAIN HILLS TOWN CODE,
SECTION 1-8-3, REGARDING CIVIL PENALTIES.
2. IN ADDITION TO THE PROVISIONS ABOVE, REGISTRATION FOR A
COMMUNITY RESIDENCE MAY BE REVOKED AND THE COMMUNITY
RESIDENCE REQUIRED TO VACATE THE PROPERTY IF;
A. THE REQUIRED REGISTRATION, LICENSURE OR CERTIFICATE
LAPSE AND ARE NOT REINSTATED WITHIN 45 DAYS OF THEIR LAST
EFFECTIVE DATE; OR,
B. THE PROPERTY OWNER OR COMMUNITY RESIDENCE OPERATOR
RECEIVES ANY COMBINATION OF THREE VIOLATIONS RELATED
TO THE OPERATION OF THE COMMUNITY RESIDENCE FROM
EITHER THE TOWN OR THE ARIZONA DEPARTMENT OF HEALTH
SERVICES WITHIN A 12-MONTH PERIOD.
C. THE APPLICANT FOR THE COMMUNITY RESIDENCE KNOWINGLY
PROVIDES FALSE OR MISLEADING INFORMATION ON THE
REGISTRATION OR ANNUAL RENEWAL.
SECTION 4. The Zoning Ordinance, Chapter 10, Single-Family Residential Districts, Section
10.02 A., Permitted Uses, is hereby amended as follows:
12. Group Homes for the Handicapped and Elderly Care; provided, that: COMMUNITY
RESIDENCE, SUBJECT TO THE REQUIREMENTS OF SECTION 5.13
a. No such home is located on a lot that is within one thousand – two hundred (1,200)
feet, measured by a straight line in any direction of the exterior lot lines of another
group home for the handicapped and elderly care.
b. No such home contains more than ten (10) residents.
c. Such home is licensed by the State of Arizona Department of Health.
d. Such home is registered with, and administratively approved by the Community
Development Director or designee, as to compliance with the standards of this
Ordinance.
SECTION 5. The Zoning Ordinance, Chapter 11, Multifamily Zoning Districts, Section 11.02 A,
Permitted Uses, is hereby amended as follows:
11. Group Homes for the Handicapped and Elderly Care; provided, that: COMMUNITY
RESIDENCE, SUBJECT TO THE REQUIREMENTS OF SECTION 5.13.
ORDINANCE 22-01 PAGE 9
a. No such home is located on a lot within one thousand – two hundred (1,200) feet,
measured by a straight line in any direction, of the exterior lot lines of another group
home for the handicapped and elderly care.
b. No such home contains more than ten (10) residents.
c. Such home is licensed by the State of Arizona Department of Health Services.
d. Such home is registered with, and administratively approved by the Community
Development Director or designee, as to compliance with the standards of this
Ordinance.
SECTION 6. 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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
3rd day of May, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
Ginny Dickey (May 4, 2022 13:42 PDT)
Ginny Dickey
Elizabeth Klein (May 4, 2022 13:52 PDT)