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HomeMy WebLinkAboutOrd 1996-38 ORDINANCE 96-38 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN CODE, CHAPTER 7,BUILDINGS AND BUILDING REGULATIONS,ARTICLE 7-1 TECHNICAL CODES, SECTION 7-1-1, ADOPTION BY REFERENCE; VIOLATIONS; ADOPTING BY REFERENCE,PURSUANT TO A.R.S. § 9- 802, CERTAIN PUBLIC RECORDS KNOWN AS THE UNIFORM BUILDING CODE, 1994 EDITION AND ALL SUPPLEMENTS, THE UNIFORM MECHANICAL CODE, 1994 EDITION AND ALL SUPPLEMENTS, THE NATIONAL ELECTRICAL CODE, 1993 EDITION AND ALL SUPPLEMENTS INCLUDING THE TOWN OF FOUNTAIN HILLS AMENDMENTS TO THE 1993 NATIONAL ELECTRICAL CODE, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1994 EDITION AND ALL SUPPLEMENTS, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION, AND ALL SUPPLEMENTS,AND THE UNIFORM PLUMBING CODE, 1994 EDITION AND ALL SUPPLEMENTS; AMENDING ARTICLE 7-2, FEES, DELETING ARTICLE 7-3, MAG STANDARD SPECIFICATIONS AND UNIFORM DETAILS FOR PUBLIC WORKS CONSTRUCTION; AMENDING ARTICLE 7-9, AUTOMATIC FIRE EXTINGUISHING SYSTEMS, ADOPTING BY REFERENCE, PURSUANT TO A.R.S. § 9-802, THE UNIFORM FIRE CODE, 1994 EDITION INCLUDING THE FOUNTAIN HILLS FIRE DISTRICT AMENDMENTS TO THE 1994 UNIFORM FIRE CODE; PROVIDING PENALTIES FOR VIOLATION THEREOF, AND DECLARING AN EMERGENCY. BE IT ORDAINED,BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That Chapter 7, Buildings and Building Regulations, Article 7-1, Technical Codes, Section 7-1-1, Adoption by Reference; Violations, is hereby amended as follows: Section 7-1-1 Adoption by Reference; Violation A. The following listed publications, three copies of which are on file in the office of the town clerk AND WHICH ARE AVAILABLE FOR PUBLIC INSPECTION DURING NORMAL BUSINESS HOURS, are hereby adopted by reference TOGETHER WITH ALL APPENDICES AND SUPPLEMENTS THERETO,as if set out at length in this code: 1. The Uniform Building Code, 1991 1994 Edition and all supplements, VOLUMES 1, 2, AND 3, EXCEPT THE FOLLOWING: &FAIL I l— a I — q 1p MOTION .‘ G��SlNak _. Page 1 of 11 SECOND 7A Y TA\FH\ORD\1996-ORD\%;ss.oaD COUNT .1--t) (a) Except the fulluwiii iirScction 301 (b): WORK EXEMPT FROM PERMIT WITH THE FOLLOWING AMENDMENT TO SECTION 106.2: 2. Fences not over thirty(30) inches high. 5. Retaining walls which are not over two (2) feet in height measured from the bottom of the footing to the top of the wall,unless supporting a surcharge or impounding flammable liquids. 11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and with the container being eighteen(18)inches or more in depth and/or wider than eight (8) feet at any point measured on the long axis. (b) With the fi,lluwing amendments to Seitiun 308 (a): CERTIFICATE OF OCCUPANCY See.308.(a)U3e and-Ottupavcy. No building or Ali u�lui c-Tall-Uc classification--of-a-building--or-structure-or portion-thereof-shall-be made-until-the-building-official-hasissual-a-C-ertificate-of Occupancy Issuance of a Certificate of Occupancy shall nut be coast'ueias aft approval-of-a-violation-of the-provisions-of-this-code-or-of-other uidi uuiee3 of the juiisdicli011. ECltifn,ates presuming to give authority to violate or cancel the p1 ovisions of this code or othe1-ordinances of DELETE"EXCEPTION"OF SECTION 109.1 IN ITS ENTIRETY. (C) GUARDRAILS WITH THE FOLLOWING AMENDMENT TO SECTION 509.1: A NEW SENTENCE IS ADDED TO THE FIRST PARAGRAPH WHICH READS: "GUARDRAILS MAY BE REQUIRED IN OTHER AREAS, AS DEEMED NECESSARY AND APPROPRIATE BY THE BUILDING OFFICIAL OR HIS DULY Page 2 of 11 Z\WPDATA\FHWRD\1996-ORD\96-38.ORD AUTHORIZED REPRESENTATIVE. (D) SAFETY GLAZING AMEND SECTION 2406.4, PARAGRAPH 9.2 AS FOLLOWS: 9.2 THE GLAZING IS WITHIN FIVE(5)FEET(1525 MM) OF THE WATER'S EDGE OF A SWIMMING POOL OR SPA. 2. The Uniform Mechanical Code, 1994 Edition and all supplements, AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. 3. The National Electrical Code, -1-990 1993 Edition and all supplements, INCLUDING THE TOWN OF FOUNTAIN HILLS AMENDMENTS TO THE 1993 NATIONAL ELECTRICAL CODE. - - - - - - - - 4. The Uniform Swimming Pool, Spa and Hot Tub Code,1-99-F 1994 Edition and all supplements, WITH THE FOLLOWING EXCEPTION: SECTION 1.7 IS DELETED. 5. The Uniform Code for the Abatement of Dangerous Buildings, 991 1994 Edition and all supplements. 6. The Uniform Plumbing Code, 1994 Edition and all supplements, with the following exceptions: a Replau,ung Table 10-2 with"Attachment A" b. Add to Section 409(B)the fulluwiiig la igaage."Forthc-purposes of sulnliiued to the town, ivvicwvd and approved by llicFuuiilai,i II►H� Sanitary-District and the town building offit al. The luwii ui the Fountain Hills Sanitary Dibtritt may require tl,c--debis1l tu-be SECTION 102.3.2 IS DELETED. 7. THE MARICOPA ASSOCIATION OF GOVERNMENTS STANDARD Page 3 of 11 Z\WPDATA\FH\ORDU996-ORD\96-38.ORD SPECIFICATIONS AND UNIFORM DETAILS FOR PUBLIC WORKS CONSTRUCTION. B. It is unlawful for any person to violate any of the provisions of the publications adopted in subsection A of this section. Section 2. That pursuant to A.R.S. § 9-802, certain documents known as the"Uniform Building Code, 1994 edition and all supplements," the "Uniform Mechanical Code, 1994 edition and all supplements as published by the International Conference of Building Officials," the "National Electrical Code, 1993 edition and all supplements including the Town of Fountain Hills Amendments to the 1993 National Electrical Code," the"Uniform Swimming Pool, Spa and Hot Tub Code, 1994 edition and all supplements," the"Uniform Code for the Abatement of Dangerous Buildings, 1994 edition and all supplements," and the Uniform Plumbing Code, 1994 edition and all supplements," three copies of which are on file in the office of the town clerk of the Town of Fountain Hills and are available for public use and inspection during normal business hours, which documents were declared public records within the meaning of A.R.S. § 9-801 by Town of Fountain Hills Resolution 1996-85 are hereby referred to, adopted and made part hereof as if fully set out in this ordinance. Section 3. That Fountain Hills Town Code Chapter 7, Buildings and Building Regulations, Article 7-2, Fees, is hereby amended to read as follows: ARTICLE 7-2 FEES A. The Uniform Building Code, 1991 1994 Edition, - VOLUME 1, SECTION 107 AND TABLE 1-A, Building Permit Fees shall be adopted, except that the permit fee for new single-family and two-family dwellings shall be a single fee, containing structural, architectural, electrical, mechanical and plumbing systems, and shall be$0.26 per square foot or major fraction thereof of the total floor area under roof, including covered patios, basement and all area enclosed within the building walls and roof overhangs. B. The permit fee for new structures, except for new single-family and two-family dwellings, and for all renovation, remodeling and repairs, shall be based upon the valuation of the construction for which the permit is issued based on Table 3-A TABLE 1-A. C. The determination of value or valuation under a provision of this code shall be made by the Building official. Unless otherwise provided, in all cases in which the building permit fee is based upon the value of construction work, the value to be used in computing the building permit shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators,fire extinguishing systems and any other permanent equipment; provided, however, that the minimum valuation for the type of construction for which the permit is issued shall be the cost for such construction as listed in that issue of the publication entitled Building standards (or equivalent Page 4 of 11 Z\WPDATA\PH\ORD\1996.ORD\96-38.ORD thw publication of the International Conference of Building Officials) published immediately preceding the date of the issuance of the permit, with adjustment for regional variations. D. Plan Review Fees. When a plan or other data is required to be submitted by Section (b) of Section -3-02 106.3.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as follows: (1)For single family and two family dwellings $0.14 per square foot; and (2) for all structures other than single family or two family dwellings - sixty-five (65%) percent of the permit fee. E. All other fees shall be computed from applicable codes. Section 4. That the Fountain Hills Town Code Chapter 7, Buildings and Building Regulations, Article 7-3, MAG Standard Specifications and Uniform Details for Public Works Construction is hereby deleted and Article 7-3 shall be labeled"Reserved" to read as follows: Works Constiactioii", sponsored-and-distiil,uted by the Ma cops-Associatiod of Govu11u11ci16 specifications-shall-be-filed-in-the-office-of-the-towrr clerk-and-kept-available-for-public-use-and inspectirnr. (RESERVED) Section 5. That pursuant to A.R.S. § 9-802,that certain document known as"The Uniform Fire Code, 1994 edition, Volume 1 and Volume 2 as published by the International Fire Code Institute, and all appendices thereto including the Fountain Hills Fire District Amendments to the 1994 Uniform Fire Code,"three copies of which are on file in the office of the town clerk of the Town of Fountain Hills and are available for public use and inspection during normal business hours, which document as made a public record within the meaning of A.R.S. § 9-801 by Town of Fountain Hills Resolution 1996-85 is hereby referred to, adopted and made part hereof as if fully set out in this ordinance. Section 6. That the Fountain Hills Town Code Chapter 7, Buildings and Building Regulations, Article 7-9, Automatic Fire Extinguishing Systems, is hereby amended to read as follows: Page 5 of 11 Z:\WPDATAV71\ORD\1996-ORD\96-38.ORD ARTICLE 7-9 FIRE PREVENTION AND PROTECTION 7-9-1 Requirement DEFINITIONS 7-9-2 Effective-Bate ADOPTION • 7-9-3 Exceptions AUTOMATIC FIRE EXTINGUISHING SYSTEMS 7-9-4 BUREAU OF FIRE PREVENTION 7-9-5 CLASSIFICATION OF PENALTY SECTION 7-9-1. Requirement DEFINITIONS A. An autuniatic fire-extinguish ing system is regah ed in all new-L,oirst►uctiou.. B. An aututnatiL, fire cxthiguishing system is required wlienvver a building pei,33it ib ivquvblill fin i vnnodvling, i v viibtrl<ction or vnpansion of an vsisli,lg building vi Jli ucture, the g1 vwJ a<ea of the i viiivdeliiig, i vuvubli uk,tion or expaubioii is equal iv vi mvi a than one-half of the enialiug building or sti a.ture. C. Art-at tunratic fire vxti an accessory building or detached building is added to a lot or parcel regardless of the size of the atwbbuiy v3 detached-so-long-as-it-is-of the-type-required-to-be-sprinklecFunderthe-Uniform-Fire-C-ode District. THE FOLLOWING WORDS, TERMS AND PHRASES, WHEN USED IN THIS ARTICLE, SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SECTION,EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING: A. "CHIEF" MEANS THE CHIEF OF THE FIRE DEPARTMENT. B. "DULY AUTHORIZED AGENT" MEANS AN INDIVIDUAL EMPLOYED BY RURAL/METRO FIRE DEPARTMENT WHO HAS BEEN APPOINTED BY THE FIRE CHIEF, IN WRITING, TO HAVE THE AUTHORITY TO ISSUE CIVIL FIRE CODE VIOLATIONS. SUCH AUTHORIZATION SHALL BE FILED WITH THE TOWN CLERK. C. "FIRE DEPARTMENT" MEANS RURAL/METRO FIRE DEPARTMENT/FOUNTAIN HILLS FIRE DISTRICT OR, IN THE EVENT THAT THE TOWN SHALL PROVIDE ITS OWN FIRE PROTECTION SERVICE, THAT ORGANIZATION. D. "NICET" MEANS THE NATIONAL INSTITUTE FOR THE CERTIFICATION OF ENGINEERING TECHNOLOGIES, 1420 KING STREET, ALEXANDER, VA. 22314- 2915 E. "UNIFORM FIRE CODE" MEANS THAT UNIFORM FIRE CODE, 1994 EDITION. Page 6 of 11 Z\WPDATA\FH\ORD\1996-ORD\96-38.ORD SECTION 7-9-2 Effective-Date ADOPTION The requirenients of-Sa,tion 7-9-1 shall apply ltrall-,vquests for building permits filed with the tuwit beginning oil Monday, January 1, 1996. THE UNIFORM FIRE CODE, 1994 EDITION, VOLUMES 1 AND 2 AS PUBLISHED BY THE INTERNATIONAL FIRE CODE INSTITUTE, AND ALL APPENDICES THERETO INCLUDING THE FOUNTAIN HILLS FIRE DISTRICT AMENDMENT TO THE 1994 UNIFORM FIRE CODE THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE TOWN CLERK OF THE TOWN OF FOUNTAIN HILLS AND ARE AVAILABLE FOR PUBLIC USE AND INSPECTION DURING NORMAL BUSINESS HOURS, ARE HEREBY REFERRED TO, ADOPTED AND MADE PART HEREOF AS IF FULLY SET OUT IN THIS ORDINANCE. EXCEPTIONS: 1. UFC APPENDICES I-C, II-B, II-D, IV-A, VI-D ARE ADOPTED AS CODE. 2. UFC APPENDICES II-F, III-A AND III-B ARE DELETED FROM ADOPTION. SECTION 7-9-3 Exceptions AUTOMATIC FIRE EXTINGUISHING SYSTEMS Should-the-requii ement of-Svctivns 7-9-1 and 7-9-2 coilstitute-a Hardship for any pi upvi ty 0 wile', that property Owiivi may rvquvbt, in wiiting, to the town clerk that the issue of an vAueptlOn to tli� �vyuire,iients of-Sections 7-9-1 -and- 9-2 be plaLcd un an agenda consideration and deasiun by the council-The property owner shall present, in wi itii,g, to the-t,ouncil at-least-tar days-priorto-the-council-meeting-written-material-demonstrating-whrthe-hardship-exists and-why-and-exception-to-the-requirements-of-Sections-7-9-1-and ----7-9-2-should-be-granted7—The tuuua uiay-eNvuipt ally property vwuvr from their i vquire 1 ntb uf-Sections 7-9-1 and 7-9-2 by ail affninative vote of a uiajuiity of the council vutiug uu the mailer. A. REQUIREMENT 1. AN AUTOMATIC FIRE EXTINGUISHING SYSTEM IS REQUIRED IN ALL NEW CONSTRUCTION. 2. AN AUTOMATIC FIRE EXTINGUISHING SYSTEM IS REQUIRED WHENEVER A BUILDING PERMIT IS REQUESTED FOR REMODELING, RECONSTRUCTION OR EXPANSION OF AN EXISTING BUILDING OR STRUCTURE, THE GROSS AREA OF THE REMODELING, RECONSTRUCTION OR EXPANSION IS EQUAL TO OR MORE THAN ONE- HALF OF THE EXISTING BUILDING OR STRUCTURE. 3. AN AUTOMATIC FIRE EXTINGUISHING SYSTEM IS REQUIRED WHENEVER AN ACCESSORY BUILDING OR DETACHED BUILDING IS ADDED TO A LOT OR PARCEL REGARDLESS OF THE SIZE OF THE Page 7 of 11 Z:\WPDATATIRORD\1996-ORD 96-38.ORD ACCESSORY OR DETACHED SO LONG AS IT IS OF THE TYPE REQUIRED lior TO BE SPRINKLED UNDER THE UNIFORM FIRE CODE TOGETHER WITH AMENDMENTS AND APPENDICES THERETO AS ADOPTED BY THE FOUNTAIN HILLS FIRE DISTRICT. B. EFFECTIVE DATE THE REQUIREMENTS OF SECTION 7-9-3(A) SHALL APPLY TO ALL REQUESTS FOR BUILDING PERMITS FILED WITH THE TOWN BEGINNING ON MONDAY, JANUARY 1, 1996. C. EXCEPTIONS SHOULD THE REQUIREMENTS OF SECTIONS 7-9-3(A) AND (B) CONSTITUTE A HARDSHIP FOR ANY PROPERTY OWNER, THAT PROPERTY OWNER MAY REQUEST, IN WRITING, TO THE TOWN CLERK THAT THE ISSUE OF AN EXCEPTION TO THE REQUIREMENTS OF SECTIONS 7-9-3(A) AND (B)BE PLACED ON AN AGENDA OF THE TOWN COUNCIL FOR CONSIDERATION AND DECISION BY THE COUNCIL. THE PROPERTY OWNER SHALL PRESENT, IN WRITING, TO THE COUNCIL AT LEAST TEN DAYS PRIOR TO THE COUNCIL MEETING WRITTEN MATERIAL DEMONSTRATING WHY THE HARDSHIP EXISTS AND WHY AND EXCEPTION TO THE REQUIREMENTS OF SECTIONS 7-9-3(A)AND(B) SHOULD BE GRANTED. THE COUNCIL MAY EXEMPT ANY PROPERTY OWNER FROM THEIR REQUIREMENTS OF SECTIONS 7-9-3(A) AND (B)BY AN AFFIRMATIVE VOTE OF A MAJORITY OF THE COUNCIL VOTING ON THE MATTER. SECTION 7-9-4 BUREAU OF FIRE PREVENTION A. THE UNIFORM FIRE CODE SHALL BE ENFORCED BY THE BUREAU OF FIRE PREVENTION(FIRE MARSHAL'S OFFICE) OF THE FIRE DEPARTMENT. B. A REPORT OF THE BUREAU OF FIRE PREVENTION(FIRE MARSHAL'S OFFICE) SHALL BE MADE ANNUALLY AND TRANSMITTED TO THE TOWN MANAGER. THE REPORT SHALL CONTAIN ALL PROCEEDINGS UNDER THIS CHAPTER, WITH SUCH STATISTICS AS THE CHIEF OF THE FIRE DEPARTMENT MAY WISH TO INCLUDE THEREIN. THE CHIEF OF THE FIRE DEPARTMENT SHALL ALSO RECOMMEND ANY AMENDMENTS TO THIS ARTICLE. SECTION 7-9-5 PENALTY A. CLASSIFICATION OF PENALTY 1. ANY PERSON, FIRM CORPORATION, PARTNERSHIP, ENTERPRISE OR ASSOCIATION WHETHER AS PRINCIPAL, OWNER, AGENT, TENANT, OR OTHERWISE WHO VIOLATES, DISOBEYS, OMITS OR REFUSES TO COMPLY WITH, OR WHO RESISTS THE ENFORCEMENT OF ANY OF THE Page 8 of 11 Z:\WPDATATMORD\19%ORD\96-38.ORD tor PROVISIONS OF THIS CHAPTER IS SUBJECT TO A CIVIL SANCTION. 2. NOTWITHSTANDING SUBSECTION 1 OF THIS SECTION, A SECOND OR SUBSEQUENT VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER WITHIN A TWO-YEAR PERIOD SHALL BE DEEMED A CLASS 1 MISDEMEANOR. B. CIVIL PENALTIES 1. UPON A FINDING OF RESPONSIBLE PARTIES TO CIVIL VIOLATION, THE COURT SHALL IMPOSE A FINE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00). 2. UPON A CONVICTION OF A MISDEMEANOR, THE DEFENDANT SHALL BE SENTENCED PURSUANT TO THE PROVISIONS OF SECTION 1-8 OF THIS CODE. 3. THE APPLICATION OF THE PENALTIES PROVIDED FOR IN PARAGRAPHS 1 AND 2 OF THIS SUBSECTION SHALL NOT BE HELD TO PREVENT THE ENFORCED REMOVAL OF PROHIBITED CONDITIONS. C. CIVIL VIOLATION, COMMENCEMENT OF ACTION. 1. A CIVIL VIOLATION MAY BE COMMENCED BY ISSUANCE OF A CITATION OR BY LONG FORM COMPLAINT. 2. THE CITATION WILL BE SUBSTANTIALLY IN THE SAME FORM AS THE ARIZONA TRAFFIC TICKET AND COMPLAINT AND SHALL DIRECT THE DEFENDANT TO APPEAR IN TOWN OF FOUNTAIN HILLS COURT WITHIN TEN(10)DAYS AFTER ISSUANCE OF THE CITATION. 3. THE CITATION WILL FURTHER NOTIFY THE DEFENDANT THAT IF HE FAILS TO APPEAR ON OR BEFORE THE DATE SPECIFIED IN THE COMPLAINT, A JUDGEMENT BY DEFAULT WILL BE ENTERED AGAINST HIM, AND THE COURT MAY, IN ITS DISCRETION, IMPOSE A CIVIL SANCTION NOT TO EXCEED TWO HUNDRED AND FIFTY DOLLARS ($250.00). 4. SERVICE OF THE CITATION MAY BE ACCOMPLISHED AND WILL BE DEEMED PROPER AND COMPLETE BY ANY OF THE FOLLOWING METHODS: (A) BY HAVING THE DEFENDANT SIGN THE CITATION WITH A PROMISE TO APPEAR IN COURT WITHIN TEN (10) DAYS OF THE ISSUANCE OF THE CITATION. Page 9 of 11 Z\WPDATA\FH\ORD\1996-ORD\96-38.ORD (B) IF THE DEFENDANT REFUSES TO SIGN THE CITATION, BY HAND 1/416, DELIVERING A COPY OF THE CITATION TO THE DEFENDANT. (C) BY MAILING A COPY OF THE CITATION TO THE PERSON CHARGED AT HIS LAST KNOWN ADDRESS, BY CERTIFIED OR REGISTER MAIL, RETURN RECEIPT REQUESTED. (D) IN THE EVENT SERVICE CANNOT BE ACCOMPLISHED AS SET FORTH IN (A), (B) OR (C) ABOVE, THE STATE MAY SERVE THE DEFENDANT BY ANY MEANS ALLOWED BY THE ARIZONA RULES OF CIVIL PROCEDURE FOR THE SUPERIOR COURT. 5. MINOR CIVIL CITATIONS MAY BE ISSUED FOR NON-COMPLIANCE WITH THE AMENDED UNIFORM FIRE CODE. D. AUTHORITY TO ISSUE CITATION. ANY PEACE OFFICER, THE FIRE CHIEF, OR DULY AUTHORIZED AGENT OF THE FIRE CHIEF MAY ISSUE A CIVIL CITATION PURSUANT TO THIS CHAPTER. E. APPEARANCE 1. THE DEFENDANT SHALL, WITHIN TEN(10)DAYS OF THE ISSUANCE OF THE CITATION, APPEAR IN PERSON OR THROUGH HIS ATTORNEY IN THE TOWN COURT AND SHALL EITHER ADMIT OR DENY THE ALLEGATIONS CONTAINED IN THE CITATION. IF THE DEFENDANT ADMITS THE ALLEGATION, THE COURT SHALL ENTER JUDGEMENT AGAINST THE DEFENDANT AND, IN ITS DISCRETION, MAY IMPOSE A CIVIL SANCTION FOR THE VIOLATION. IF THE DEFENDANT DENIES THE ALLEGATIONS CONTAINED IN THE CITATION, THE COURT SHALL SET DATES FOR A PRE-TRIAL CONFERENCE AND FOR TRIAL OF THE MATTER. 2. IF THE DEFENDANT FAILS TO APPEAR FOR PRE-TRIAL CONFERENCE OR TRIAL, THE DEFENDANT'S FAILURE TO APPEAR SHALL BE DEEMED AN ADMISSION OF THE OFFENSE AND THE COURT SHALL ENTER JUDGEMENT AGAINST THE DEFENDANT AND MAY, IN ITS DISCRETION, IMPOSE A CIVIL SANCTION FOR THE VIOLATION. F. RULES OF PROCEDURE THE ARIZONA RULES OF COURT FOR CIVIL TRAFFIC VIOLATION CASES MAY BE FOLLOWED BY THE TOWN COURT FOR CIVIL VIOLATIONS OF THIS CHAPTER, EXCEPT AS MODIFIED OR WHERE INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE,LOCAL RULES OF THE TOWN COURT OR RULES OF THE ARIZONA SUPREME Page 10 of 11 Z1WPDATAWIRORDU996-ORD\96-38.ORD kaw COURT. G. COLLECTION OF FINES ANY JUDGEMENT FOR CIVIL SANCTIONS TAKEN PURSUANT TO THIS ARTICLE MAY BE COLLECTED AS ANY OTHER CIVIL JUDGEMENT. H. VIOLATIONS NOT EXCLUSIVE VIOLATIONS OF THIS CHAPTER ARE IN ADDITION TO ANY OTHER VIOLATION ENUMERATED WITHIN THE FOUNTAIN HILLS ORDINANCES AND CODES AND IN NO WAY LIMIT THE PENALTIES, ACTIONS OR ABATEMENT PROCEDURES WHICH MAY BE TAKEN BY THE TOWN FOR ANY VIOLATION OF THIS CHAPTER WHICH IS ALSO A VIOLATION OF ANY OTHER ORDINANCE OR CODE PROVISION OF THE TOWN, OR STATUTES OF THE STATE. I. EACH DAY SEPARATE VIOLATION EACH DAY ANY VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE FAILURE TO PERFORM ANY ACT OR DUTY REQUIRED BY THIS CHAPTER CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of these amendments adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions thereof. Section 8. WHEREAS, it is necessary for the preservation of the peace, health and safety of the Town of Fountain Hills, Arizona, an emergency is declared to exist, and this ordinance shall become immediately operative and in force from and after the date of posting hereof. PASSED AND ADOPTED THIS 21st DAY OF November 1996. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: , ei4/1-t.AJ5 /11, 4AJ Jerry less ayor Cassie B. Hansen, Town Clerk / REVIEWED BY: APPROVED AS TO FORM: 7 /.(,,tanist; -)1L-61 au L. Nordin, Town Manager Wi ham E. Farrell, Town Attorney L Page 11 of 11 Z\WPDATAORD\1996-ORD\96-38.ORD