HomeMy WebLinkAboutOrd 2018-13 ORDINANCE 18-13
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
TOWN CODE, ARTICLE 9, SECTION 9-5-3, BY REVISING PROVISIONS
RELATED TO THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE
RECITALS:
WHEREAS, the Town of Fountain Hills Town Code (the "Town Code") contains provisions
pertaining to regulations governing activities within the Fountain Hills McDowell Mountain
Preserve (the "Preserve"); and
WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to
have standards by which authorized individuals may install utilities, grade, landscape, or
otherwise encroach into the Preserve; and
WHEREAS, the Town desires to clarify the provisions relating to the general regulations
governing activities within the Preserve to provide its citizens with a clear statement of the
provisions applicable to those activities.
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. That the Fountain Hills Town Code, Article 9, Section 9-5-3 Fountain Hills
McDowell Mountain Preserve, is hereby amended to read as follows:
9-5-3 General Preserve Regulations
The following are prohibited within the preserve:
H. Destroying, damaging or removing any vegetative or mineral resource, including but not
limited to any tree, shrub, wildflower, cactus or rock outcropping UNLESS SPECIFICALLY
AUTHORIZED BY THE TOWN WITH AN ENCROACHMENT PERMIT GRANTED BY THE
TOWN COUNCIL.
SECTION 3. 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.
SECTION 4. 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.
ORDINANCE 18-13 PAGE 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hi►ls, Arizona, this
6th day of November, 2018.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Cc
nda M. Kavanagh, Mayor -zabeth • ':urke, Town e erk
REVIEWED BY: APP" •VED AS TO FORM:
. \AAA-C-NH
Grady E. Mill , To n Manager aron D. Arnson, own Attorney