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HomeMy WebLinkAboutOrd 2021-16 ORDINANCE NO. 21 - 16 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 AMENDING SECTION 11-1-17, USE OF TOWN-OWNED WASHES RECITALS: WHEREAS, the Town Council desires to amend Chapter 11, Offenses, Section 11-1-17, Use of Town-Owned Washes, to prohibit public entry to all Town-owned washes within the Town. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth herein. SECTION 2. Chapter 11, Offenses, Article 11-1, Offenses, Section 11-1-17, Use of Town- owned Washes, is amended as follows: 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 washes are-net epen to the public. Washes-are open to from dawn + dusk daily unless otherwise posted 4h wn. 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. 4. Creating or maintaining open fires. 5. Overnight camping. ORDINANCE 21-16 PAGE 2 6. Domestic animals. 7. Skateboards, roller blades, roller skates, bicycles or any (nonmotorized) 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. SECTION 3. If any section,subsection,clause,phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 21st day of September, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: hp O8Elizabet lein(Sep 237,,2021 24 PDT) Ginnt Dick y, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Iler, wn Manager Aaron D. Arnson, Town Attorney