HomeMy WebLinkAboutOrd 2006-20 ORDINANCE NO. 06-20
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 11, OFFENSES, BY CREATING A NEW
SECTION 11-1-17, USE OF TOWN-OWNED WASHES.
WHEREAS, the Mayor and Town Council of Fountain Hills (the "Town Council")
adopted Resolution 2001-33 on June 21, 2001, creating the Town of Fountain Hills Wash
Management and Maintenance Policy (the "Wash Policy"); and
WHEREAS, the Town Council amended the Wash Policy on September 7, 2006, to, inter
alia, amend the provisions therein relating to law enforcement activities within Town-owned
washes; and
WHEREAS, the Town Council desires to amend the Town Code to provide for
regulations relating to use of Town-owned washes and to provide for penalties for violations
thereof consistent with the Wash Policy.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Fountain Hills Town Code, Chapter 11, Offenses, is hereby
amended by adding a new Section 11-1-17, Use of Town-owned Washes, to read as follows:
Section 11-1-17 Use of Town-owned Washes
It is unlawful for any person to enter upon or use any Town-owned wash, as such term is defined
in Section 9-3-2 of this Code, in violation of the following provisions:
A. It shall be unlawful for any person, other than Town personnel conducting Town business
therein, to occupy or be present in Town-owned washes during any hours in which the
washes are not open to the public. Washes are open to the public from dawn to dusk
daily unless otherwise posted by the Town. A violation of this subsection shall constitute
an act of criminal trespass, as defined by Section 11-1-16 of this Code.
B. The following are prohibited in all Town-owned washes:
1. Committing any act in a Town-owned wash that endangers the health and safety
of any person.
2. Using any portion of any Town-owned wash for archery, firearms, sling shots,
rockets, darts, rocks or other projectile devices.
3. Dumping, unauthorized grading, or otherwise utilizing a Town-owned wash or
any materials or vegetation therein, in an unauthorized or prohibited manner.
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4. Creating or maintaining open fires.
5. Overnight camping.
6. Pets, unless on a leash and under the constant control of a person and provided
that any such person controlling a pet shall, at all times in a Town-owned wash (i)
carry the necessary items to properly dispose of animal waste and (ii) immediately
remove any animal waste from the Town-owned wash and dispose of same in a
proper trash receptacle.
7. Skateboards, roller blades, roller skates, bicycles or any (non-motorized) rolling
vehicles, unless used in an area specifically designated for such use by the Town.
8. Driving or riding, at any time, any automobile, truck, motorcycle, motor scooter,
all-terrain vehicle, other motor vehicle, horse or other animal upon the grounds of
any Town-owned wash.
9. Consuming alcoholic beverages, spirituous liquors or malt beverages (beer), as
defined in A.R.S. § 4-101, et seq., as amended.
10. Possessing a glass container, unless specifically authorized by the Town.
11. Throwing, tossing or otherwise propelling any glass object, whether willfully and
maliciously or carelessly and negligently, and causing such glass object to break
in a Town-owned wash.
12. Swimming, wading, bathing, fishing or boating in or on any water located within
a Town-owned wash.
C. The parents or adult persons with whom a juvenile resides shall be financially liable for
consequences of the juvenile's infraction of this Section and/or any damage such Juvenile
causes on or to Town-owned property.
D. Penalties:
1. A person who violates the provisions of this Section shall, upon conviction
thereof, be guilty of a Class 1 Misdemeanor.
2. A person who violates the provisions of this Section may, upon conviction
thereof, be temporarily or permanently banned from using any Town-owned
wash.
SECTION 2. That if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, September 7, 2006.
FOR THE TOWN OF F NTAIN HILLS ATTESTED TO:
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W. J. Nichol , Mayor Bevelyn J. Be er, own Clerk
REVIEWED APPROVED AS TO FORM:
T. of y G. Pickering, Town Mana Andrew J. McGuire, Town Attorney
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