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HomeMy WebLinkAboutOrd 2002-01Ordinance Number 2002.01 Amend Town Code adding mountain preservation rules and regs - 1/17/02 TOWN OF FOUNTAIN HILLS ORDINANCE #02-01 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 9 BY ADDING A NEW ARTICLE 9-5 OF THE FOUNTAIN HILLS TOWN CODE, TO ADOPT RULES AND REGULATIONS FOR THE FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVE. WHEREAS, The Town of Fountain Hills adopted Ordinance #90-8, on June 28, 1990, which adopted The Code of the Town of Fountain Hills, Arizona, and WHEREAS, The Town of Fountain Hills has made subsequent amendments to the Fountain Hills Town Code, and WHEREAS, The Fountain Hills McDowell Mountain Preserve ("the Preserve") encompasses a scenic area of mountainous, pristine land within Fountain Hills that will be preserved in its natural state for the benefit of this and future generations, and WHEREAS, In order for the Town to achieve tandem goals of providing trails and a trailhead locations to facilitate public access into the Preserve and to safeguard the Preserve for this and future generations, a thorough set of Preserve, trailhead and trails regulations are needed, and WHEREAS, The Town of Fountain Hills has written a new Article 9-5 of the Fountain Hills Town Code to that will adopt rules and regulations for the Fountain Hills McDowell Mountain Preserve that are specifically intended to accomplish the following: Maintain the existing undisturbed, desert environment of the Preserve; provide for Preserve use regulations that will maintain wildlife habitat and limit human encroachment to specific areas within the Preserve; provide use regulations for the Central Trailhead that will provide the majority of public access into the Preserve; provide use regulations for the Golden Eagle Trailhead, including access control into the Preserve through McDowell Mountain Park; and provide for the development of a trail system within the Preserve and connectivity to abutting trail systems in the City of Scottsdale and within McDowell Mountain Park. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. That Chapter 9, PARKS AND RECREATION, of the Fountain Hills Town Code is hereby amended to add a new Article 9-5 as shown below. New language is shown as being double -underlined and language to be deleted is shown as being er-essed out. Article 9-5 Page 1 of 5 9-5-1 Purpose and Intent 9-5-2 Definitions 9-5-3 Preserve Regulations 9-5-4 Central Trailhead Regulations 9-5-5 Golden Eagle Trailhead Regulations 9-5-6 Trailhead and Trail Develop 9-5-7 Penalties 9-5-8 SeverabLty The Fountain Hills McDowell Mountain Preserve ("the Preserve") encompasses a scenic area of mountainous, pristine land within Fountain Hills that will be preserved in its natural state for the benefit of this and future generations. In order for the Town to achieve tandem goals of providing trails and trailhead locations to facilitate public access into the Preserve and to safeguard the Preserve for this and future generations,_a thorough set of Preserve. trailhead and trails regulations are needed. These regulations are specifically intended to accomplish the following: A. Maintain the existing undisturbed, desert environment of the Preserve. B. Provide for Preserve use regulations that will maintain wildlife habitat and limit human encroachment to specific areas within the Preserve. C. Provide use regulations for the Central Trailhead that will provide public access into the Preserve. D. Provide use regulations for the Golden Eagle Trailhead, including access control into the Preserve through McDowell Mountain Park. E. Provide for the development of a trail system within the Preserve and connectivity to abutting trail systems in the City of Scottsdale and within McDowell Mountain Park. A. "Cawing" means any effort to erect a tent or shelter. sleeping, use of a sleeping -hijg, -Qi thg�-p"ng [1,11. "Central Trailhead" means the developed portions of that trailhead located at the t C. "Emergency Access Route" means that roadway between the central trailhead and the southwest= comer of the Eagles Nest obdivision that can be used to evacuate 12eQple out of the Eagle Rid= North bd• FIFF. "Golden Eagle Trailhead" means the develQped portiQns of that trailhead located terminus of Golden Eaglt Drive. E The "Preserve" shall mean those lands identified by &solution 2002-01 as the Fountalln-HILIs McDowell Mountain Preserye F. "Special Preserve_ Permit" means a noncommercial permit issued by -the Parks and Recreation Department required for g= functionLin and around the Central Traiffitad. G. "Spider Trail" means an unauthorized trail or 12athwaY within the PreSMLe- means 1_ • M " ! pathway l the _ _ Page 2 of 5 "Violation" means any act that violates any of the rules or regulations contained within this Article, punishable as specified in Section 9-5-7 herein. The following are prohibited within the Preserve: A. Accessing the Preserve by leaving a trail or trailhead. All Preserve visitors shall stay on authorized trails and within trailheads. unless approved by the Director of Community Development. B. Accessing the Preserve outside of the posted hours of operation unless approved by the Director of Community Development. C. Alcoholic beverages. D. E. Carrying or using any type of glass or ceramic container. F. Creating, developing or using any type of spider trail. G. Destroying any barriers, signs. or other Town property. H. Destroying, damaging or removing anv_vegetative or mineral resource, including but not limited to any tree, shrub, wildflower, cactus or rock outcropping. I. Dogs are prohibited unless on a 6-foot maximum leash at all times, and must remain on trails. J. Horses. K. Hunting. trapping or otherwise harming or harassing any wildlife. L. Littering or depositing garbage, trash, refuse or other obnoxious material anywhere other than in specific Town -provided containers provided for that puroose. M. Setting or igniting any type of fire. N. Smoking. O. Throwing rocks or other obiects into washes including but not limited to up or down hillsides and on or off trails. P. Using any vehicle, including motorized vehicles and bicycles, except authorized maintenance vehicles and during emergency evacuations along the Emergency Access Route as directed by mergence personnel. Q. Using or discharging any firear_m__, bow and arrow, slingshot or other weapon. VATTreraff traTiT• t' . •1_•_ •t 1 _ •t ' t' _• •._t• t •11181=8 1 1' tlof MUM" AccessingA. or 1• .d outside of •• hours of •. •n B. Alcoholic beveraMs, unless as approved by Smcial Preserve Pe * . C. Groups of 20 Qr more l2ewle without a SjKcial Preserve Pem-jit, to ensure adequatc available D. Horses or horstirailff-s. E. Parking vehicles outside of designated 12arking spaces these parking spaces with phor Town appxp3mL G. Use of • t _e!1_.•. That has been reserved by others, through: 'r' P'MI1 H. Vehicles • •= than19 users of the Golden Eagle Trailhead will bedirectedalone public access easements through a private subdivision to gain access to McDowell Mountain Park. All users of McDowell Mountain Park shall abide by those rules and regulations established by Maricopa County for McDowell Mountain Park. In addition to the prohibitions in Section 9-5-3, the following are prohibited within the Golden Eagle Trailhead: A. Accessing or utilizing the Golden Eagle Trailhead outside of the posted hours of operation. B. Although bicycles may be permitted within McDowell Mountain Park. bicycles are not permitted in the Preserve, even if accessed from the north through McDowell Mountain Park. Bicycles are permitted within the trailhead and the public access easement(s) and into McDowell Mountain Park. if permitted by McDowell Mountain Park rules. C. Horses or horse trailers. D. Vehicles longer than 19 feet. Section 9-5-6 Trailhead and Trail Development The McDowell Mountain Preserve Commission will be responsible for the design of any trailhead and the development of any trails within the Preserve. Section 9-5-7 Penalties The Rules and Regulations contained in Article 9-5 will be considered petty offenses and/or Class 1 Misdemeanors as specified under subsections A through C below: A Violations of the rules and regulations contained in subsections 9-5-3 (A B C E F I J L N and O) and Sections 9-5-4 and 9-5-5 shall be considered a petty offense if the offender has not been convicted of the same infraction within the last twenty-four (24) months. Petty offenses shall be punishable by a fine of up to one hundred dollars ($100.00). B. Subsequent conviction(s) of the same subsections 9-5-3 (A. B. C. E. F. I. J. L. N and O) and Sections 9-5-4 and 9-5-5 within a twenty-four (24) month period shall be considered a Class 3 Misdemeanor and will be punishable as such under State Law. C Violations of the rules and regulations contained in subsections 9-5-3 (D. G. H. K. M. P and O) of this section shall be considered a Class 1 Misdemeanor and will be punishable as such under State Law. Section 9-5-8 Severability Should any section of this Article be determined to be void. unlawful or of no effect, the remaining sections shall continue to be fully applicable and shall be deemed to be in full force and effect. Page 4 of 5 N PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 17'h day of January, 2002. F E TOWN UNTAIN HILLS: AT STED TO: Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk V WED BY: c William E. Farrell, Actmg Town Manager APP D AS TOO ;-) William E. Farrell, Town Attorney Page 5 of 5