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HomeMy WebLinkAboutOrd 2020-06 ORDINANCE NO. 20-06 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 12, TRAFFIC, SECTION 12-3-18, COMMENCEMENT OF PROCEEDINGS FOR VIOLATIONS, AND SECTION 12-3-19, PENALTIES; AND DECLARING AN EMERGENCY RECITALS: WHEREAS, the Town Council desires to amend the Town Code to revise Chapter 12, Traffic, by amending Subsections 12-3-18 A. and 12-3-19 to allow discretion in the processing of a traffic citation. 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. The Town Code, Section 12-3-18, Commencement of Proceedings for Violations, is amended as follows: A. An action to hear and determine an alleged violation of this article shall MAY be commenced by issuance of a citation by a peace officer of the State of Arizona or the Town Manager or his authorized designee. SECTION 3. The Town Code, Section 12-3-19, Penalties, is amended as follows: Unless otherwise specifically designated in this Article, violations of this Article shall MAY be punishable as set forth in Chapter 1, Article 1-8, Section 1-8-3 of this Code. Each day that a violation continues shall MAY be a separate offense punishable by imposition of a civil sanction not to exceed $250. SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be 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 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. SECTION 6. Because of the urgent need for the implementation of the Town's regulations concerning parking on streets, and the necessary immediate operation of this Ordinance for the preservation of the health, safety, and general welfare, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval by the Mayor and Council as required by law and is hereby exempt from the referendum provisions of the Constitution and laws of the State of Arizona. 4 I ORDINANCE 20-06 PAGE 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 2nd day of June, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginn ickey, yor ,� 134 Eliza eth A e, Town Cf3444t"4--- REVIEWED BY: APPROVED AS TO FORM: L;A---"Nd Grady E. filler, own Manager aron D. A n, Town Attorney