HomeMy WebLinkAboutOrd 2016-10ORDINANCE 16-10
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE "TOWN OF FOUNTAIN
HILLS NOISE REGULATIONS" BY REFERENCE AND AMENDING THE
TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 11,
SECTION 11-1-7, BY REVISING PROVISIONS RELATED TO NOISE
VIOLATIONS.
WHEREAS, the Town of Fountain Hills Town Code (the "Town Code") contains
provisions pertaining to noise violations; and
WHEREAS, it is in the best interests of the community for the Town of Fountain Hills
(the "Town") to have standards by which authorized individuals may objectively determine
whether a noise violation has occurred; and
WHEREAS, the Town desires to clarify the provisions relating to noise violations to
provide its citizens with a clear statement of the noise violation provisions applicable to activities
within the corporate limits of the Town.
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 document known as the "Town of Fountain Hills Noise Regulations"
(the "Noise Regulations"), of which one paper copy and one electronic copy maintained in
compliance with ARIZ. REv. STAT. § 44-7041 are on file in the office of the Town Clerk, which
document was made a public record by Resolution 2016-17 of the Town of Fountain Hills,
Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this
Ordinance.
SECTION 3. The Fountain Hills Town Code, Chapter 11 (Offenses), Article I I A
(Offenses), is hereby amended by deleting Section 11-1-7 (Noise), in its entirety and replacing it
with the Noise Regulations.
SECTION 4. Any person who fails to comply with any provision of the Noise
Regulations shall be subject to civil and criminal penalties as set forth in Section 1-8-1 of the
Fountain Hills Town Code, including civil penalties of not more than $250 base fine. Criminal
penalties shall constitute a class one misdemeanor, punishable by a fine not to exceed $2,500.00
or by imprisonment for a period not to exceed six months, or by both such fine and
imprisonment. Each day that a violation continues shall be a separate offense.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
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SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps and execute all documents necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, December 15, 2016.
FOR THE TOWN OF FOUNTAIN HILLS
Linda M. kavafiJgh, Mayor
REVIEWED BY:
Grady E. Mi r, wn Manager
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ATTESTED TO:
APPROVED AS TO FORM:
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An rew J. McGuire, Town Attorney