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HomeMy WebLinkAbout2010 03.15 City Council Work Session Agenda ci 6 'Aee junttion Home ty the Stiperstition Mountains s l„ 1 APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION, ARIZONA 85219 Monday, March 15, 2010 700PM AGENDA 1. CALL TO ORDER. 2. ROLL CALL. 3. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 10-02,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL/DEVELOPMENT AGREEMENT WITH PINAL COUNTY COMMUNITY COLLEGE DISTRICT. In 2008,voters approved a$99 million bond package for Central Arizona College(CAC) CAC intends to use the funds to expand its existing community college campus in phases over the next 20 years As part of the planned expansion,public and private infrastructure will be enhanced and improved, including public roadways,traffic signals surrounding the campus,and a stormwater retention basin Resolution No 10-02 authorizes the Mayor to sign the agreement on behalf of the City 4 DISCUSSION ON PROPOSED RESOLUTION NO.09-65,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE EAST VALLEY DOMESTIC VIOLENCE FATALITY REVIEW TEAM. Because domestic violence accounts for over 50%of female homicides in the U S and there has been a statistical rise in deaths associated with domestic violence in Arizona,various public agencies are desirous of forming a review team to further examine fatalities resulting from domestic violence Pursuant to A R S §41-198,the City of Apache Junction and various east valley public agencies have created an ^ intergovernmental agreement which sets forth the conditions for participation in the review team Resolution No 09-65 authorizes the mayor to sign the agreement on behalf of the city and authorizes the police chief to participate on the review team as a team leader 5 DISCUSSION ON A PROPOSED PILOT NEIGHBORHOOD TRAFFIC CALMING PROGRAM. Presentation and discussion on the proposed Pilot Neighborhood Traffic Calming Program 6. PRESENTATION AND DISCUSSION ON TEXT AMENDMENT CASE AM-3-09,ACCESSORY BUILDINGS Council gave direction to staff to make corrections to the provisions adopted under Ordinance No 1279,which inadvertently contained some contradicting language Commission and staff also worked on and are suggesting other changes to the Accessory Building Regulations to address concerns and issues which have been brought to staff,commission and council members'attention over the last couple of years,since the regulations were adopted At their meeting on February 23,2010,the Planning and Zoning Commission voted 6-0 to recommend in favor of the changes specified in the recommended motion as detailed in the staff report 7. PRESENTATION AND DISCUSSION ON RESOLUTION NO. 10-06,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED"2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS";REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Consistent with the recommended changes tgGhapter 12 relating to placement of traffic and parki,r►eigns, it is necessary to revise Chapter 3 to allow the city engineer discretion to place: .signs Consistent with A R S §§9-801 and 9-802, Resolution No 10-06 declares the amendments a public record to avoid excessive publication costs 8. PRESENTATION AND DISCUSSION ON ORDINANCE NO. 1360,AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,BY REPEALING CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS,IN ITS ENTIRETY;AND ADOPTING BY REFERENCE"2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 3,ADMINISTRATION,ARTICLE 3-5,DEPARTMENT OF PUBLIC WORKS" ON FILE WITH THE CITY CLERK; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Consistent with the recommended changes to Chapter 12 relating to placement of traffic and parking signs, it is necessary to revise Chapter 3 to allow the city engineer discretion to place such signs Consistent with A.R S §9-802,Ordinance No 1360 adopts the 2010 Chapter 3 amendments by reference to avoid excessive post-passage publication costs 9. PRESENTATION AND DISCUSSION ON RESOLUTION NO. 09-63,DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED"2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12,TRAFFIC AND PARKING"; REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. The City's traffic and parking regulations set forth in Chapter 12 of the City Code have not been comprehensively amended since city incorporation in 1978 and many are currently unenforceable Staff recommends numerous changes to Chapter 12, including provisions relating to disabled parking,commercial trucks,parking citations,parking sanctions,unarmed police aides,and placement of traffic and parking signs by the city engineer Consistent with A R S §§9-801 and 9-802, Resolution No 09-63 declares the amendments a public record to avoid excessive post-passage publication costs 10. PRESENTATION AND DISCUSSION ON PROPOSED ORDINANCE 1356,AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE,BY REPEALING CHAPTER 12,TRAFFIC,IN ITS ENTIRETY;AND ADOPTING BY REFERENCE"2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12,TRAFFIC AND PARKING,ON FILE WITH THE CITY CLERK; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. The City's traffic and parking regulations set forth in Chapter 12 of the City Code have not been comprehensively amended since city incorporation in 1978 and many are currently unenforceable Staff recommends numerous changes to Chapter 12, including provisions relating to disabled parking,commercial trucks,parking citations, parking sanctions, unarmed police aides, and placement of traffic and parking signs by the city engineer Consistent with A R S §9-802,Ordinance No 1356 adopts the 2010 Chapter 12 amendments by reference to avoid excessive post-passage publication costs. 11. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard, Apache Junction,AZ Monday through Friday,8 00 a m to 5 00 p m , excluding holidays If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at (480)474-2617 or(480) 983-0095(TDD) at least 72 hours prior to the scheduled time py AC NE �. ... G °� y00 City of Apache Junction U Houle of the 3upet:cttttorl AIountiuns 1Pizdph g Print TO. City Manager's Office FROM: R. Joel Stern, City Attorney DATE: March 15, 2010 INK Agenda Type . Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 10-02, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL/DEVELOPMENT AGREEMENT WITH PINAL COUNTY COMMUNITY COLLEGE DISTRICT ACTION REQUESTED: Presentation and Discussion DISCUSSION 1 BACKGROUND INFORMATION: In 2008, voters approved a$99 million bond package for Central Arizona College (CAC). CAC intends to use the funds to expand its existing community college campus in phases over the next 20 years As part of the planned expansion, public and private infrastructure will be enhanced and improved, including public roadways,traffic signals surrounding the campus, and a stormwater retention basin. Resolution No 10-02 authorizes the Mayor to sign the agreement on behalf of the City. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 13 Resolution No. 10-02 D IGA with Central Arizona College THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM 7! City o�f Apache junction U _ Z Home of the Superctition Alountains ARIZQNP g Print TO: City Manager's Office FROM: Jerald Monahan, Police Chief DATE March 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: DISCUSSION ON PROPOSED RESOLUTION NO 09-65, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE EAST VALLEY DOMESTIC VIOLENCE FATALITY REVIEW TEAM. ACTION REQUESTED Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Because domestic violence accounts for over 50%of female homicides in the U S and there has been a statistical rise in deaths associated with domestic violence in Arizona, various public agencies are desirous of forming a review team to further examine fatalities resulting from domestic violence. Pursuant to A R S § 41-198, the City of Apache Junction and various east valley public agencies have created an intergovernmental agreement which sets forth the conditions for participation in the review team Resolution No 09-65 authorizes the mayor to sign the agreement on behalf of the city and authorizes the police chief to participate on the review team as a team leader .•. FISCAL IMPACT Budgetary Approval Not Required OPTIONS/ALTERNATIVES- RECOMMENDATION- ATTACHMENTS. Click to download D Resolution No.09-65 D IGA with EV DV Fatality Review Team THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING - SECTION UNDER ITEM :i$ kpAC tit C/ r► ' a i y o4 f`el ache Junction Hose of`the ,S upe!:clitiort 11 ozr lcritr s g Print TO: City Manager's Office FROM: Heather Hodgman, Public Works Management Assistant DATE March 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: DISCUSSION ON A PROPOSED PILOT NEIGHBORHOOD TRAFFIC CALMING PROGRAM. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION Presentation and discussion on the proposed Pilot Neighborhood Traffic Calming Program FISCAL IMPACT OPTIONS/ALTERNATIVES: RECOMMENDATION. Discussion ATTACHMENTS: Click to download ❑ Traffic Calming Program Memo PQ A ` Q4 y Public Works Department City of Apache 4Rizoo-' Junction Home of the Superstition Mountains Date March 4, 2010 To Mayor and Members of City Council Thru George Hoffman, City Manager David Fern, Public Works Director Shane Kiesow, Public Works Manager From Heather Hodgman, Public Works Management Assistant Subject Pilot Neighborhood Traffic Calming Program The City currently has a Neighborhood Traffic Calming Program (NTC) in place to reduce speeding problems and heavy traffic flow on residential streets There are numerous low impact traffic calming measures that are attempted before speed bump consideration, such as, traffic studies, temporary placement of radar display speed limit trailers, increase in traffic enforcement, and additional speed limit signs and striping In order to have a speed bump installed in a residential area, it must be on a street that has curb and gutter, 90% of the affected residents need to sign a petition, 75% of the residents have to be in favor of the speed bump, 100% of the property owners within 50 feet of the speed bump have to be in favor of it and it must receive approval from the City Engineer and emergency personnel Road maintenance is very difficult with speed bumps Staff requests City Council to give consideration of a pilot program utilizing alternative traffic calming devices such as speed humps and speed cushions All of the required traffic calming measures will be the same before speed humps or speed cushions are installed However, speed cushions could be utilized on streets that do not have curb and gutter These devices are rubberized material with interlocking modules They are easily assembled and installed and easily removed for road maintenance work Speed cushions are installed in a set of 2 or 3 separate cushions across the street allowing for fire emergency trucks to pass over with ease Staff offers this topic for discussion and possible direction on a pilot program for the neighborhood traffic calming program which would incorporate updated strategies, technologies and customer satisfaction 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 NC 11 • City o4 f pache Junction Home of tie Super-ctitrort ,11 orrntcrrtrs 4Rizoto. g Print TO City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE March 15,2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON TEXT AMENDMENT CASE AM-3-09, ACCESSORY BUILDINGS ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION• Council gave direction to staff to make corrections to the provisions adopted under Ordinance No 1279, which inadvertently contained some contradicting language Commission and staff also worked on and are suggesting other changes to the Accessory Building Regulations to address concerns and issues which have been brought to staff, commission and council members'attention over the last couple of years, since the regulations were adopted. At their meeting on February 23, 2010, the Planning and Zoning Commission voted 6-0 to recommend in favor of the changes specified in the recommended motion as detailed in the staff report FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION. Discussion only ATTACHMENTS: Click to download D Council Work Session memo D P and Z Recommended Text • P and Z Staff Report D Draft 3 Edited Changes ❑ Draft 3 Clean Version D Ord.1279 O Ord.1297 O Ord 1300 0 Ord.1343 ❑ Ord. 1345 O nA City of Apache Junction 4Rf zo. Development Services Department MEMORANDUM DATE. March 15, 2010 MEMO TO- Honorable Mayor and City Council Members THROUGH George Hoffman, City Manager Brad Steinke, Development Services Director Fred Baker, Planning Division Manager FROM- Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT. March 15, 2010 - Work Session Item: Case AM-3- 09, Proposed Amendments to Regulations on Accessory Buildings Summary Attached please find a copy of the Staff report which was presented to the Planning and Zoning Commission at their meeting on February 23, 2010, concerning revisions to the accessory building regulations The recommendation made by the Commission represents the consensus reached after two work sessions and the public hearing on February 23 The Staff report traces the evolution of the proposed amendment Ask language as the Commission discussed it over the course of the meetings mentioned above. The report also contains copies of other recently adopted ordinances which had an influence in the crafting of the recommended text. The recommended text incorporates not only changes that needed to be made to clear up inadvertent contradictions which were approved by Ordinance No. 1279 (the last set of comprehensive amendments to the Accessory Building Regulations) , but it also responds to more recent concerns and issues with the ordinance which have been brought to Staff' s, Commission and Council members' attention over the last couple of years since the last set of changes were adopted. At the Commission' s public hearing on February 23, only one person spoke on the issue The citizen stated that he had sought to construct an accessory building which was larger and AM-3-09 (Accessory Building Regulations) PAGE 2 taller than the regulations allowed outright and was advised by Staff on the options possible to construct the building, none of which he found very timely or convenient He personally spoke to some of the Commissioners at an earlier work session and was once again asking for their favorable consideration. Planning and Zoning Commission Recommendation For the Council' s review and discussion, at their public hearing on February 23, 2010, the P&Z Commission voted to forward the following recommendation to the City Council (M/S - Richmond/ Bunten; Vote 6-0) "I move that the Planningand ZoningCommission recommend to the City Council the APPROVAL of case AM-3-09, a City-initiated text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 6 General Provisions and Exceptions, Section 6. 0116 Accessory Buildings and Storage Sheds, in accordance with the language contained in the Staff report p dated February 23, 2010, and with the changes discussed, including allowing a "zero" setback for one storage shed on a space in a mobile home or RV park, as follows (see next page) P & Z CCWISSION' S RECaTPENDED CHANGES TO SECTION 6.0116 SECTION 6 0116 ACCESSORY BUILDINGS AND STORAGE SHEDS The following shall be applicable to accessory buildings in all residential and commercial zoning districts except GR, TR, CB-1, CB-2, CI-1 and CI-2 (which have their own accessory building regulations) If conflicting regulations for accessory buildings are contained in a district's regulations or elsewhere in the Zoning Ordinance, the districts' and/or other regulations shall apply. 1. An accessory building may be constructed upon a lot prior to the construction of the main building for the purpose of storing tools, building materials, business (if zoned for business) or household goods, provided that construction of the main building is commenced within six months after completion of the accessory building, and provided that. a No accessory building shall be used for dwelling purposes, including sleeping, living, or cooking activities 2 Pre-existing accessory buildings/structures may be permitted to remain without the establishment of a main building at the time of subdivision/land split/zoning approval provided that. a. The accessory building/structure is secured (locked) and made safe (openings boarded up) prior to the establishment of the main use b The accessory building/structure is not used for storage or any /IN other purpose prior to the securing of a permit for the establishment of the main use c The accessory building/structure is in compliance with the City's current Building Code and Zoning Ordinance d No accessory building shall be used for dwelling purposes, including sleeping, living, or cooking activities. 3 Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted An accessory building in a residential zone (minimum lot size of 20,000 square feet) or commercial zone, shall not be larger than the existing building footprint square footage of the main structure An accessory building in a residential zone (lot sizes of less than 20,000 square feet) shall not be larger than seventy five percent (75%) of the InN eN existing building footprint square footage of the main structure and must also comply with setback and lot coverage requirements 4 Maximum height for an accessory building larger than one hundred twenty (120) square feet in area may be equal to the height allowed for the main building Any accessory building covering an area greater than one hundred twenty (120) square feet when complete, shall be subject to design criteria including. a. Accessory buildings must be constructed of building materials that match or improve upon the main structure. b. Accessory buildings are encouraged to have an architectural style that matches or improves upon the main structure c Accessory buildings must complement the natural desert landscaping with color, building materials, and architectural style. d. Any air conditioning units must be placed on the ground behind accessory buildings or out of view from the public right-of- way e The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof, depending on the design of the roof. f Seventy five percent (75%) of each exterior wall of a metal building located in a single family residential zone and larger than one hundred twenty (120) square feet shall be covered with supplemental building materials including, but not limited to masonry, stucco, siding which matches the home, textured paint or brick. 5. Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building, as allowed by Sections 6 0116 3 and 6 0116 4 above, is subject to the design criteria described in paragraph number 4 (immediately above) and must be approved through a Conditional Use Permit, which may invoke additional design criteria. 6. Accessory buildings for the keeping of small animals or fowl shall be located a minimum of fifteen (15) feet from any property line, or if used for the keeping of livestock, an accessory building shall comply with the yard setbacks required for the main building or if other setbacks are specified, those shall apply Horse shades as described in Section 6 0130 Equine Regulations, which are not larger than one hundred twenty (120) square feet in area, not taller than ten (10) feet in height, and which are not closer than three (3) feet to a property line, may be constructed without a permit. Horse shades in general are not subject to the design criteria listed in Section 6 0116.4 above. See other regulations applicable to structures for the keeping of horses in Section 6.0130.a(4) and 6.0130.b(11) . 7 Accessory buildings requiring permits shall not be located closer than four (4) feet to a rear property line and shall also observe the minimum side yard setback of the district in which it is located. 8. Detached accessory buildings shall have a minimum separation distance of six (6) feet from other structures on the same lot (unless fire resistant construction is provided therein, in accordance with the Building Code) . If an accessory building is proposed to be connected to the main residence, then it shall become a building addition and shall be connected along its entire length on one side to the main residence and must comply with all setback requirements for the main residence. 9 The requirements for accessory buildings located on corner lots and on corner lots adjacent to key lots are as follows. a. On any corner lot, the accessory building shall not be located closer to the street side property line than that required for the main building STREET - 111114341 -C- NORMAL CORNER LOT b. No part of any accessory building within ten (10) feet of the rear lot line shall be nearer the street lot line than the depth of the front yard required on the key lot. This would only be provided if the rear of a corner lot adjoins a key lot in the same zoning district 1 Il ► V ^+" B 1-p- 4'MIN 3' CORNER LOT • W 1 I fi C 1 ADJACENT TO A KEY LOT y r i, -0-1 3 -- .i I a . any /11i ,,! ,..,2 1._ - A A 'f a KEY AND INTERIOR LOTS STREET The following corresponds to the letters located in the above image I Residential Lots in the same Zoning District. "A" The street side yard setback for the main residence on a corner lot and street side yard setback for an accessory building behind main residence on a ( corner lot, must match the front yard setback for the main residence on the"key" lot "B" The side yard setback for an accessory building i1 larger than one hundred twenty(120)square feet in area must meet the side yard setbacks required for the main building "C" This structure represents a"storage shed"as defined I in Section 6 0116.11. 10 Accessory buildings used as a garage or carport having access from an alley shall not be located closer than fifteen (15) feet to the center line of said alley 11. Storage sheds (such as those commercially available at big-box retailers, used primarily for storage purposes) and tool sheds, in residential districts, of a height no greater than seven (7) feet and the total square footage of which does not exceed one hundred twenty (120) square feet shall not be subject to permit requirements for accessory buildings provided. a. Such shed is located in the side or rear yard of the property and is a minimum of three (3) feet from property lines; b No electric, gas, water, or sewer lines are connected to such shed; i /fmN 041 c All drainage flows onto the owner's property, d Storage sheds and tool sheds, as described in this section, shall not be subject to the design criteria as described in Section 6.0116.4 above; e. In mobile/manufactured home (NE) parks, recreational vehicle (RV) parks and RV subdivisions, one (1) storage or tool shed as described in this section shall be allowed to be located anywhere in the side or rear yard of the NH or RV lot area Additional storage or tools sheds as described in this section shall be subject to the setbacks requirements indicated in Section 6.0116.11(a) above SECTION 6.0117 EXEPTION FOR ACCESSORY BUILDINGS Any deviation or exception to any of the above requirements for accessory buildings is subject to a Conditional Use Permit Attachments - AM-3-09 P&Z Staff Report dated 2-23-10 - Section 6 0116 with changes - 3rd draft - Section 6 0116 - "clean" version - Ord No 1279 (Accessory Buildings) - Ord No 1297 (Special Density Permit for Caretaker Residence) - Ord No 1300 (Exceptions for Guest Houses) - Ord No 1343 (Equine Regulations) - Ord No 1345 (Equine Regulations/RV Camping) - Lot Layout Comparisons Pp ACHE-,,,, City of Apache Junction 4RIZO�P Development Services Department MEMORANDUM DATE. February 23, 2010 MEMO TO. Planning and Zoning Commission THROUGH Fred Baker, Planning Division Manager FROM Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT February 23, 2010 - Public Hearing Item: Case AM-3-09, Proposed Amendments to the Zoning Ordinance Regulations Pertaining to Accessory Buildings Summary At their regular meeting on January 16, 2007, the City Council approved and adopted Ordinance No. 1279 (attached) , which effectively re-wrote Zoning Ordinance Section 6. 0116 Accessory Buildings and Storage Sheds The ordinance was adopted with some last minute floor amendments which, after the final version of the ordinance was prepared, Staff discovered it contained some inadvertent contradictions in the language, specifically in the applicability section ems Over the last couple of years, other accessory building related amendments were directed by Council, including caretaker units (Ordinance No. 1297, attached) , guest homes (Ord. No. 1300, attached) , horse-boarding properties amendments (Ord Nos 1343 and 1345, attached) and the changes to outbuilding regulations in the R1-43 zone (which began as case AM-3-09) . Because of all of the amendments going on more or less simultaneously, it became clear that the corrections to Section 6 0116 should wait until all the other cases were resolved first. Presently, case AM-3-09 picks up where we left off last May, when Planning Staff recommended to the Commission that they continue the case until the horse boarding amendments were decided eiN Case AM-3-09 Page 2 of 3 Current Amendment Case At the Commission meeting of January 26, Staff presented the first draft proposed changes to Section 6 0116, for the Commission' s review and comment. The purpose of the changes is to correct the inadvertent contradictions adopted under Ordinance No 1279 and also to reconcile and cross reference Section 6.0116 with the other recent accessory building related amendments Staff explained that while neither they nor the Commission have been directed to undo or substantively change any of the recent Council approved amendments, over the last couple of years Staff and Councilmembers have heard concerns/complaints from citizens (particularly residential property owners) regarding Section 6. 0116' s restrictions on accessory building size (relative to the main building) , maximum height and design criteria. In response to those concerns, Staff presented and the Commission discussed additional changes to Section 6 . 0116 to address some of those issues The "Second Draft" of proposed changes, discussed at the Commission meeting on February 9, incorporated the suggestions made by the Commissioners at their meeting on January 26 Staff also presented two more items for the Commission' s consideration. First, the Building Official is proposing to amend the city' s Building Code to allow detached accessory buildings (without water or electrical improvements) as large as 200 square feet to be constructed without need for a building permit Presently the limit is 120 square feet. This would make Apache Junction consistent with Pinal County and bring us more in line with what the current International Building Code allows So, small detached storage sheds and many horse shade structures would now be exempt from permit requirements, but would still be subject to setback requirements The second issue examined the proportional effect of allowing an accessory building to be the same size as the main building on large lot versus small lot properties The "Third Draft" of proposed changes attached hereto reflects suggestions made by the Commission members at their meeting on February 9, particularly with regard to clarifying the zoning districts to which this ordinances applies; setting the size Case AM-3-09 Page 3 of 3 standard for accessory buildings relative to main buildings on large lot versus small lot properties and recognizing that other regulations may limit the same, specifying to which types of accessory buildings additional design criteria are applicable, and relaxing the requirement for a Conditional Use Permit for any building larger than 120 square feet Staff is also suggesting a few other revisions to the Code, including staying with the 120-foot standard, clarifying which types of accessory buildings require permits and which do not, and suggesting a no- permit standard for certain size horse shades and storage sheds Staff Recommendation Staff feels that the language proposed in the 3rd Draft reflects the suggestions made by the Commissioners, addresses most of the concerns which we have heard over the last couple of years, and corrects and clarifies the contradicting provisions previously contained therein. If after the public has commented, the Commission feels comfortable with this draft, then they may choose to forward their recommendation to the City Council. If the Commission feels further changes are warranted, then they may continue this item to their meeting of March 23 RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL) of case AM-3-09, a City- initiated text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 6 General Provisions and Exceptions, Section 6 0116 Accessory Buildings and Storage Sheds, in accordance with the language contained in the Staff report dated February 23, 2010; OR I move that the Commission continue case AM-3-09, pending further discussion and possible changes, until the public hearing of March 23, 2010 Attachments - Section 6 0116 with changes - 3rd draft - Ord No 1279 (Accessory Buildings) - Ord No 1297 (Special Density Permit for Caretaker Residence) - Ord No 1300 (Exceptions for Guest Houses) - Ord No 1343 (Equine Regulations) - Ord No 1345 (Equine Regulations/RV Camping) - Lot Layout Comparisons SECTION 6.0116 PROPOSED CHANGES - 3rd DRAFT - FEB. 23, 2010 (15t draft changes indicated with highlights 23 draft changes shown in bold type 3rd draft changes shown in bold highlights �trikcthrougho as needed SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS The following shall be applicable to accessory buildings in all residential ek and commercial zoning districts except GR, TR, CB-1, CB-2, CI-1 and CI-2 (which have their own accessory building regulations) If conflicting regulations for accessory buildings are contained in a district's regulations or elsewhere in the Zoning Ordinance, the district's and/or other regulations shall apply. 1. An accessory building may be constructed upon a lot prior to the construction of the main building for the purpose of storing tools, building materials, business (if zoned for business) or household goods, and provided that construction of the main building met-be is commenced within six months after completion of the accessory building, and provided that.- da. No accessory building shall be used for dwelling purposes, including sleeping, living, or cooking activities z ss a caretaker's or servant's guest's residence (pursuant to Section 6 0108 3 Exceptions for Guest Houses) is permitted in the ellati t h acc sso bu=fig shall comply with the yard requirement: of for the main building. 2 Pre-existing accessory buildings/structures may be permitted to remain without the establishment of a main building at the time of subdivision/land split/zoning approval provided that- a The accessory building/structure is secured (locked) and made safe (openings boarded up) prior to the establishment of the main use b The accessory building/structure is not used for storage or any other purpose prior to the securing of a permit for the establishment of the main use. c The accessory building/structure is in compliance with the City's current Building Code and Zoning Ordinance d. No accessory building shall be used for dwelling purposes, including sleeping, living, or cooking activities. "c"--and e• f u h Y "d" above elmS 23 Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted An accessory building in a residential zone (minimum lot size of 1 25 gross acres 20,000 square feet) or commercial zone, shall not be larger than seventy five percent (75% [or new percent amount]) of the existing square footage of the main structure or six hundred (600) square feet [or new o arc footage amount] in size whichever is � g greater An accessory building in a residential zone (lot sizes of less than 1.25 gross acres 20,000 square feet) shall not be larger than seventy five percent (75%) of the existing square footage of the main structure er six hundred (600) square feet in size, whichever is greater and must also comply with setback and lot coverage requirements 34. Maximum height for an accessory building larger than one hundred twenty (120) square feet in area shall may be fifteen (15) feet equal to the height of the existing main building allowed for the main building. Any accessory building between seven (7) and fifteen (15) feet in height and covering an area greater than one hundred twenty (120) square feet when completed, shall be subject to design criteria including• a Accessory buildings must be constructed of building materials that match or improve upon the main structure b Accessory buildings are encouraged to have an architectural style that matches or improves upon the main structure c Accessorybuildings must co lement the natural desert g � landscaping with color, building materials, and architectural style d Any air conditioning unit must be placed on the ground behind accessory buildings or out of view from the public right-of- way. e. The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof, depending on the design of the roof f Seventy five percent (75%) of each exterior wall of a metal building located in a single family residential zone and larger than one hundred twenty (120) square feet shall be covered with supplemental building materials including, but not limited to masonry, stucco, siding which matches the hare, textured paint or brick fi 45 Any accessory building proposed to be taller than fifteen (15) fcct in height, up to the maximum height allowed for the main structure in the district and/or larger than one hundred twenty (120) square feet, the maximum size building allowed by Sections 6 0116.3 and 6.0116 4 above is subject to the design criteria described in paragraph number $4 (immediately above) and must be approved through a Conditional Use Permit, which may invoke additional design criteria 56. Accessory buildings for the keeping of small animals or fowl shall be located a minimum of fifteen (15) feet from any property line, or if used for the keeping of livestock, an accessory building shall comply with the yard setbacks required for the main building or if other setbacks are specified, those shall apply. Shelters for the keeping of small animals and fowl may be erected to match the height of the existing main building. Horse shades as described in Section 6 0130 Equine Regulations, which are not larger than one hundred twenty (120) square feet in area, not taller than ten (10) feet in height, and which are not closer than three (3) feet to a property line, may be constructed without a permit. Horse shades in general are not subject to the design criteria listed in Section 6.0116.4 above. See other regulations applicable to structures for the keeping of horses in Section 6.0130.a(4) and 6 0130.b(11) 47 Accessory buildings requiring permits shall not be located closer than four (4) feet to ate+ a rear property line, except for any ecceo.,ory building which exceeds seven (7) feet in height, in which case such structure and shall also observe the minimum side yard setback of the district in which it is located q8 Detached accessory buildings shall have a minimum separation distance of six (6) feet from other structures on the same lot (unless fire resistant construction is provided therein, in accordance with the Building Code) If an accessory building is proposed to be connected to the main residence, then it shall become a building addition and shall be connected along its entire length on one side to the main residence and must comply with all setback requirements for the main residence. $9 The requirements for accessory buildings located on corner lots and on corner lots adjacent to key lots are as follows- a On any corner lot, the accessory building shall not be located closer to the street side property line than that required for the main building. STREET 1j p II { 1 I I NORMAL CORNER LOT b. No part of any accessory building within ten (10) feet of the rear lot line shall be nearer the street lot line than the depth of the front yard required on the key lot This would only be provided if the rear of a corner lot adjoins a key lot in the same zoning district. —" B..•--- 4 M(N W CORNER LOT 1 'gt ' ADJACENT TO A KEY LOT • cc Ij r -a-<IC' 9 ;' ,ar♦oa KEY AND INTERIOR LOTS k STREET The following corresponds to the letters located in the above image. Residential Lots in the same Zoning District "A" The street side yard setback for the main residence on a corner lot and street side yard setback for an accessory building behind main residence on a corner lot, must match the front yard setback for the main residence on the"key" lot. "B" The side yard setback for an accessory building larger than one hundred twenty(120)square feet in area must meet the side yard setbacks required for the main building "C" This structure represents a"storage shed"as defined in Section 6 0116.4.011 /IN PIN 910 Accessory buildings used as a garage or carport having access from an alley shall not be located closer than fifteen (15) feet to the center line of said alley 1911 Storage sheds (such as those commercially available at big-box retailers) in residential districts, used primarily for storage purposes) and tool sheds, in residential districts, of a height no greater than seven (7) feet and the total square footage of which does not exceed one hundred twenty (120) square feet shall not be subject to permit requirements the-rear or side yard aetba k requirements for accessory buildings provided. a. One Ssuch shed e *s maybe located in the side or re ar anywhere yard of the property and is a minimum of three (3) feet from all property lines; b No electric, gas, water, or sewer lines are connected to such shed, c All drainage flows onto the owner's property.-; d Storage sheds and tool sheds, as described in this section, shall not be subject to the design criteria as described in Section E .0116.4 above, e. Additional storage or tool sheds as described in this section shall be subject to the accessory building setback requirements of the zoning district in which they are located. SECTION 6.0117 EXEPTION FOR ACCESSORY BUILDINGS Any deviation or exception to any of the above requirements for accessory buildings is subject to a Conditional Use Permit SECTION 6. 0116 PROPOSED CHANGES — 3rd DRAFT — r'E.B. 23, 2010 ("Clean" version.) SECTION 6 0116 ACCESSORY BUILDINGS AND STORAGE SHEDS The following shall be applicable to accessory buildings in all residential and commercial zoning districts except GR, TR, CB-1, CB-2, CI-1 and CI-2 (which have their own accessory building regulations) . If conflicting regulations for accessory buildings are contained in a district's regulations or elsewhere in the Zoning Ordinance, the districts' and/or other regulations shall apply 1 An accessory building may be constructed upon a lot prior to the construction of the main building for the purpose of storing tools, building materials, business (if zoned for business) or household goods, provided that construction of the main building is commenced within six months after completion of the accessory building, and provided that. a No accessory building shall be used for dwelling purposes, including sleeping, living, or cooking activities 2 Pre-existing accessory buildings/structures may be permitted to remain without the establishment of a main building at the time of subdivision/land split/zoning approval provided that- a The accessory building/structure is secured (locked) and made safe (openings boarded up) prior to the establishment of the main use. b. The accessory building/structure is not used for storage or any other purpose prior to the securing of a permit for the establishment of the main use c The accessory building/structure is in compliance with the City's current Building Code and Zoning Ordinance d No accessory building shall be used for dwelling purposes, including sleeping, living, or cooking activities 3 Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted. An accessory building in a residential zone (minimum lot size of 20,000 square feet) or commercial zone, shall not be larger than the existing square footage of the main structure. An accessory building in a residential zone (lot sizes of less than 20,000 square feet) shall not be larger than seventy five percent (750) of the existing square footage of the main OmIN structure and must also comply with setback and lot coverage requirements 4. Maximum height for an accessory building larger than one hundred twenty (120) square feet in area may be equal to the height allowed for the main building. Any accessory building covering an area greater than one hundred twenty (120) square feet when complete, eimiN shall be subject to design criteria including. a Accessory buildings must be constructed of building materials that match or improve upon the main structure. b Accessory buildings are encouraged to have an architectural style that matches or improves upon the main structure c Accessory buildings must complement the natural desert landscaping with color, building materials, and architectural style. d. Any air conditioning units must be placed on the ground behind accessory buildings or out of view from the public right-of- way. e The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof, depending on the design of the roof f Seventy five percent (.75a) of each exterior wall of a metal building located in a single family residential zone and larger than one hundred twenty (120) square feet shall be covered with supplemental building materials including, but not limited to /1 masonry, stucco, siding which matches the home, textured paint or brick 5 Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building, as allowed by Sections 6 0116 3 and 6.0116 4 above, is subject to the design criteria described in paragraph number 4 (immediately above) and must be approved through a Conditional Use Permit, which may invoke additional design criteria 6 Accessory buildings for the keeping of small animals or fowl shall be located a minimum of fifteen (15) feet from any property line, or if used for the keeping of livestock, an accessory building shall comply with the yard setbacks required for the main building or if other setbacks are specified, those shall apply. Horse shades as described in Section 6 0130 Equine Regulations, which are not larger than one eIN hundred twenty (120) square feet in area, not taller than ten (10) feet in height, and which are not closer than three (3) feet to a property line, may be constructed without a permit. Horse shades in general are not subject to the design criteria listed in Section 6.0116.4 above. See other regulations applicable to structures for the keeping of horses in Section 6.0130.a(4) and 6.0130.b(11) . 7 Accessory buildings requiring permits shall not be located closer than four (4) feet to a rear property line and shall also observe the minimum side yard setback of the district in which it is located. 8. Detached accessory buildings shall have a minimum separation distance of six (6) feet from other structures on the same lot (unless fire resistant construction is provided therein, in accordance with the Building Code) If an accessory building is proposed to be connected to the main residence, then it shall become a building addition and shall be connected along its entire length on one side to the main residence and must comply with all setback requirements for the main residence 9. The requirements for accessory buildings located on corner lots and on corner lots adjacent to key lots are as follows. a On any y corner lot, the accessory building shall not be located closer to the street side property line than that required for the main building STREET - L ,r, „:933 NORMAL CORNER LOT b. No part of any accessory building within ten (10) feet of the rear lot line shall be nearer the street lot line than the depth of the front yard required on the key lot. This would only be provided if the rear of a corner lot adjoins a key lot in the same zoning district. V V __ —� B F»-117 Mw CORNER LOT W .4' i,,i ADJACENT TO A KEY LOT . t CC '411 Pk �i �3.� • I � � t - Ill Ta I. vhh !�1 A !` t A: I A KEY AND INTERIOR LOTS STREET The following corresponds to the letters located in the above image Residential Lots in the same Zoning District "A" The street side yard setback for the main residence on a corner lot and street side yard setback for an accessory building behind main residence on a corner lot, must match the front yard setback for the main residence on the"key" lot. "B" The side yard setback for an accessory building larger than one hundred twenty(120)square feet in area must meet the side yard setbacks required for the main building "C" This structure represents a"storage shed"as defined in Section 6 0116 11. 10. Accessory buildings used as a garage or carport having access from an /'N alley shall not be located closer than fifteen (15) feet to the center line of said alley. 11 Storage sheds (such as those commercially available at big-box retailers, used primarily for storage purposes) and tool sheds, in residential districts, of a height no greater than seven (7) feet and the total square footage of which does not exceed one hundred twenty (120) square feet shall not be subject to permit requirements for accessory buildings provided- a. One such shed may be located anywhere in the side or rear yard of the property, b No electric, gas, water, or sewer lines are connected to such shed; c All drainage flows onto the owner's property, d Storage sheds and tool sheds, as described in this section, shall not be subject to the design criteria as described in Section 6 0116.4 above; e. Additional storage or tool sheds as described in this section shall be subject to the accessory building setback requirements e of the zoning district in which they are located SECTION 6.0117 EXEPTION FOR ACCESSORY BUILDINGS Any deviation or exception to any of the above requirements for accessory buildings is subject to a Conditional Use Permit k Ok 1.70.CHe y 2 of Ci0 pache junction Home of 1 e .Siiiei:titioii Aioiinia ns 4Rizoto' 8 Print TO. City Manager's Office FROM: David Fern, Public Works Director DATE March 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO. 10-06, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3, ADMINISTRATION, ARTICLE 3-5, DEPARTMENT OF PUBLIC WORKS", REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION. Consistent with the recommended changes to Chapter 12 relating to placement of traffic and parking signs, it is necessary to revise Chapter 3 to allow the city engineer discretion to place such signs Consistent with A R S §§ 9-801 and 9-802, Resolution No 10-06 declares the amendments a public record to avoid excessive publication costs FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 0 Resolution No. 10-06 2010 Chapter 3 Amendments RESOLUTION NO 10-06 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3, ADMINISTRATION, ARTICLE 3- 5, DEPARTMENT OF PUBLIC WORKS", REPEALING ANY e CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R.S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the city clerk and are made available for public use and inspection; and WHEREAS, Ordinance No 1360 adopts by reference certain staff-recommended modifications set forth in the "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-5, Department of Public Works"; and WHEREAS, it is the intent of the City to declare the amendments as a public record, three copies of which are on file in the Office of the City Clerk NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS . SECTION I IN GENERAL That certain document entitled "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-5, Department of Public Works", three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the City Clerk. RESOLUTION NO 10-06 PAGE 1 OF 2 OIN SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the provisions or regulations 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 affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney RESOLUTION NO. 10-06 PAGE 2 OF 2 City of Apache junction Hoppe of the ,S uperctmon 1 'ountilffl.s' g Print TO City Manager's Office FROM: David Fern, Public Works Director DATE: March 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON ORDINANCE NO 1360, AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE, BY REPEALING CHAPTER 3, ADMINISTRATION, ARTICLE 3-5, DEPARTMENT OF PUBLIC WORKS, IN ITS ENTIRETY, AND ADOPTING BY REFERENCE "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3, ADMINISTRATION, ARTICLE 3-5, DEPARTMENT OF PUBLIC WORKS" ON FILE WITH THE CITY CLERK, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. ACTION REQUESTED Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION Consistent with the recommended changes to Chapter 12 relating to placement of traffic and parking signs, it is necessary to revise Chapter 3 to allow the city engineer discretion to place such signs. Consistent with A.R.S § 9-802, Ordinance No. 1360 adopts the 2010 Chapter 3 amendments by reference to avoid excessive post-passage publication costs. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES. RECOMMENDATION: ATTACHMENTS: Click to download 0 Ordinance No. 1360 0 2010 Chapter 3 Amendments ORDINANCE NO 1360 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE, BY REPEALING CHAPTER 3, ADMINISTRATION, ARTICLE 3-5, DEPARTMENT OF PUBLIC WORKS, IN ITS ENTIRETY; AND ADOPTING BY REFERENCE "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3, ADMINISTRATION, ARTICLE 3-5, DEPARTMENT OF PUBLIC WORKS" ON FILE WITH THE CITY CLERK, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY WHEREAS, the placement of street signs and traffic control devices in the city limits is difficult due to antiquated code provisions; and WHEREAS, to avoid unnecessary delays and to promote public safety, the decision to place traffic and parking signage and implementation thereof should be vested in the city engineer, and WHEREAS, the current version of the Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-5, Department of Public Works, needs to be adjusted to allow the city engineer to place street signs and traffic control devices on an as-needed basis, and WHEREAS, Resolution No. 10-06 declares as a public record the document entitled "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-5, Department of Public Works", and WHEREAS, A R S § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S . §§ 9-801 (1) and 9-802, it is the intent of the Council to adopt by reference the recommended amendments ORDINANCE NO 1360 PAGE 1 OF 3 OIN NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I IN GENERAL 1 . Existing Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-5, Department of Public Works, is hereby repealed 2 That certain document known as the "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-5, Department of Public Works", three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 10-06 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A R S § 9-802 . SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations 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 affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010. JOHN S INSALACO Mayor ORDINANCE NO. 1360 PAGE 2 OF 3 ATTEST KATHLEEN CONNELLY City Clerk emS APPROVED AS TO FORM. RICHARD J STERN City Attorney ems ORDINANCE NO. 1360 PAGE 3 OF 3 2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE VOLUME I CHAPTER 3 ADMINISTRATION ARTICLE 3-5 DEPARTMENT OF PUBLIC WORKS Article 3-5 DEPARTMENT OF PUBLIC WORKS Section 3-5-1 Department Established 3-5-2 Divisions of Department 3-5-3 Powers and Duties 3-5-4 Division of Operations 3-5-5 Division of Engineering 3-5-6 Assignment and Custody of Physical Properties 3-5-7 Advice and Assistance § 3-5-1 DEPARTMENT ESTABLISHED. (A) There is hereby created the Department of Public Works, an executive department of the city. It shall consist of the Director of Public Works who shall be the head of the department and all officers and employees assigned thereto. (B) All such officers and employees shall perform their duties subject to the supervision of the director, who shall operate solely under the guidance and direction of and report directly to the City Manager (C) The Director of Public Works shall supervise his or her department in accordance with the applicable personnel ordinances rules and Vol . I, Article 3 10the Apache Junction City Code and shall exercise such powers and perform such duties as are customarily conferred and required by Vol . I the city code, applicable ordinances, resolutions or lawful directives . (D) The position of the Director of Public Works is hereby declared as classified service, and he or she shall be appointed and removed by the City Manager subject to ratification of the Council; and shall serve and receive such compensation as shall be determined in accordance with the applicable city rules and regulations. (Prior Code, § 1 3-5-1) § 3-5-2 DIVISIONS OF DEPARTMENT. (A) There is hereby created within the Department of Public Works, the dDivision of eOperations and the dDivision of eEngineering. (B) Division superintendents and section heads shall be appointed and removed by the Director of Public Works subject to the ratification of the City Manager and provisions of Vol. I, Article 3-10 as it now exists or may be hereafter amended. (Prior Code, § 3-5-2) § 3-5-3 POWERS AND DUTIES . (A) In addition to those duties set forth in this article, the Department of Public Works Director, or his or her designee, shall have charge of and supervision over the care, maintenance, design, inspection and construction of all streets, sidewalks, alleys and public ways and determination for and placement of all street signage and traffic control devices; the design, inspection, construction, operation and maintenance of all storm water and sanitary sewer systems and facilities, and all street gutters, drains, drainage ways, water and wastewater treatment facilities, improvement districts, easements and the appurtenances thereto; the care, maintenance and construction of all public buildings; the operation, maintenance and construction of all other public works projects and improvements within the jurisdiction of the city. (B) The Department of Public Works Director, or his or her designee, may also be responsible for, or oversight of, the construction of all streets, sidewalks, alleys, public ways, sanitary sewers, street gutters, drains, drainage ways, wastewater treatment facilities, improvement district easements and appurtenances thereto. (Prior Code, § 3-5-3) § 3-5-4 DIVISION OF OPERATIONS . (A) There is hereby created the Division of Public Works Operations It shall , consisting of the Superintcndant of OperationsPublic Works Manager, who shall be the head of the division, and all officers and employees assigned 2 thereto. All such officers and employees shall perform their duties subject to the supervision of the Superintcndant Public Works M , ler, who shall operate solely under the guidance and direction of and report directly to the Director of Public Works. The Superintcndant of OperationsPublic Works Manager shall supervise his or her department in accordance with the applicable personnel ordinances and shall exercise such power and perform such duties as are required by Vol I applicable ordinances, resolutions or lawful directives . (B) It shall be the duty of the Public Works Operations Superintcndant Manager, or his or her designee, to evaluate the condition of city streets, to maintain records regarding the repair and maintenance of city streets, to supervise those workers engaged in the repair, maintenance and construction of streets, buildings, grounds and city vehicles; to assist or make the final walk-through on all off-site construction and utility construction before the recommendation for city acceptance; to coordinate barricading for special events or emergencies with law enforcement officials; and to make routine checks on city streets, buildings, grounds and vehicles to ensure that they are in good repair and safe for public use. (Prior Code, § 3-5-4) § 3-5-5 DIVISION OF ENGINEERING. A) There is hereb ureated the Division of Engineering, which shall be under the supervision of the City Engineer, or his or her designee, who shall be responsible for the design and inspection of all city streets, the determination for and placement of all street signage and traffic control devices, sidewalks, alleys and public ways, storm water and sanitary sewer system and facilities, street gutters, drains, drainage ways, water and wastewater treatment facilities, improvement districts, easements and the appurtenances thereto and administration of l\rticic 13 3, Eencroachment -Ppermits under this code. (Prior Code, § 3-5-5) (B) It shall be the duty of the City Engineer to: 1 . Provide professional and technical expertise to assist the Public Works Director in the performance of those duties assigned to the Public Works Director 3 2 Perform such other programs or functions related to public works, public improvements, traffic, street signs and traffic control devices, floodplain administration, drainage and private development that the Public Works Director may, from time to time, authorize or request . (C) The Public Works Director may also appoint a Traffic Engineer, or assign his/her duties to an appropriate and qualified employee, who will be responsible for the following: 1 As authorized by state law, to determine appropriate locations for stop signs, yield, u-turn and other right- of-way signs and other traffic control devices and operations . 2 To establish speed limits for city streets as necessary for public safety in accordance with state law. 3 . To designate certain streets as a street prohibited for use by trucks in excess of the weight listed in Chapter 12 of this code. 4 . To issue permits for use on city streets for tires and associated tire equipment not normally allowed on city streets pursuant to A. R S § 28-958 (G) 5 To establish "no parking" zones, "loading zones, " and "bus stops" and other parking limitations relating to time, place, manner or type of vehicle restrictions 6 To authorize and install traffic calming devices pursuant to adopted city council policy 7 To keep accurate records of all parking zones, including loading zones, established hereunder and shall designate on a map kept for such purpose the location of all such zones throughout the City. (D) The Public Works Director, or his or her designee, shall recommend for council adoption, standards, specifications and regulations regarding public works improvements . In the event there is a conflict between or among any of the standards, specifications and regulations adopted herein by reference, a city code standard, specification or 4 froilk /obik regulation shall prevail over any standard, specification or regulation prepared by another entity Regardless of the designations contained in any standards, details, or specifications adopted by reference, roadway right-of-way enforcement procedures and roadway right-of-way inspections provided for shall be the responsibility of the Public Works Director, or his or her designee. E) The Public Works Director, or his or her designee, may approve alternate materials or methods of construction provided he/she finds the proposed design is satisfactory and complies with the intent of the adopted standard, detail or specification and the proposed material is for the purpose intended, and at least the equivalent of that prescribed in the adopted standard, detail or specification, in quality, strength, effectiveness, durability, and safety. (F) The following codes and regulations shall be followed and enforced by the Public Works Department in the creation and maintenance of public property 1 . City of Apache Junction Engineering Guidelines set forth under Apache Junction City Code, Volume II, Chapter 10, as amended. 2 . The most current version of the "Uniform Standard Specifications and Details for Public Works Construction Sponsored and Distributed by the Maricopa Association of Governments" ("MAG" Standard Specifications and Details) , with the following modifications a. The Public Works Director, or his or her designee, is authorized to increase standard street cross sections, both pavement and right-of-way widths, as necessary to maintain required traffic service levels when a traffic analysis indicates the need for additional lanes of traffic. b. Where MAG refers to corrective actions for deviations from standards and provides options for when the contracting agency is the owner or when the contracting agency is not the owner, the Public Works Director/designee is authorized to 5 utilize any of the corrective actions listed regardless of whether the City is the contracting agency or not . 3 . The most current version of the Manual on Uniform Traffic Control Devices for Streets and Highways ("MUTCD") . 4 The most current version of the Policy on Geometric Design of Highways and Streets § 3-5-6 ASSIGNMENT AND CUSTODY OF PHYSICAL PROPERTIES. (A) All physical properties of the city, including any municipal utilities, systems and facilities and those physical properties not assigned to some other department or officer, shall be assigned to the Department of Public Works. (B) The Department of Public Works shall be the custodian of all tools, equipment and other municipal property assigned to the Department of Public Works. (Prior Code, § 3-5-6) § 3-5-7 ADVICE AND ASSISTANCE. The Department of Public Works shall provide technical and operational advice and assistance to, and cooperate with, all other departments, boards, commissions, offices or other official entities of the city. (Prior Code, § 3-5-7) 6 oak �4 AClf ✓off City of Apache the Junction Home of / e .S upet:Sfttzon M ountazns 4R7 * 8 Print TO: City Manager's Office FROM. Jerald Monahan, Police Chief DATE: March 15, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO 09-63, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 12, TRAFFIC AND PARKING", REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. ACTION REQUESTED. Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The City's traffic and parking regulations set forth in Chapter 12 of the City Code have not been comprehensively amended since city incorporation in 1978 and many are currently unenforceable. Staff recommends numerous changes to Chapter 12, including provisions relating to disabled parking, commercial trucks, parking citations, parking sanctions, unarmed police aides, and placement of traffic and parking signs by the city engineer Consistent with A R S §§ 9-801 and 9-802, Resolution No 09-63 declares the amendments a public record to avoid excessive post-passage publication costs FISCAL IMPACT r` Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution No.09-63 ❑ 2010 Chapter 12 Amendments emN RESOLUTION NO. 09-63 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 12, TRAFFIC AND PARKING", REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING I� FOR SEVERABILITY WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A R S ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the city clerk and are made available for public use and inspection, and WHEREAS, Ordinance No 1356 adopts by reference certain staff-recommended modifications set forth in the "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 12, Traffic and Parking"; and WHEREAS, it is the intent of the City to declare the amendments as a public record, three copies of which are on file in the Office of the City Clerk NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS . SECTION I IN GENERAL ems That certain document entitled "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 12, Traffic and Parking", three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the City Clerk. RESOLUTION NO 09-63 PAGE 1 OF 2 eN SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the provisions or regulations 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 affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J STERN City Attorney RESOLUTION NO 09-63 PAGE 2 OF 2 ijoACM n C ojApache junction I tome of the S'zu er.rfilio,i .�Woli n/17i r" g Print TO: City Manager's Office FROM. Jerald Monahan, Police Chief DATE: March 15, 2010 Agenda Type • Work Session Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM PRESENTATION AND DISCUSSION ON PROPOSED ORDINANCE 1356, AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE, BY REPEALING CHAPTER 12, TRAFFIC, IN ITS ENTIRETY, AND ADOPTING BY REFERENCE "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 12, TRAFFIC AND PARKING, ON FILE WITH THE CITY CLERK, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR PENALTIES. ACTION REQUESTED Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The City's traffic and parking regulations set forth in Chapter 12 of the City Code have not been comprehensively amended since city incorporation in 1978 and many are currently unenforceable. Staff recommends numerous changes to Chapter 12, including provisions relating to disabled parking, commercial trucks, parking citations, parking sanctions, unarmed police aides, and placement of traffic and parking signs by the city engineer. Consistent with A R S § 9-802, Ordinance No 1356 adopts the 2010 Chapter 12 amendments by reference to avoid excessive post-passage publication costs FISCAL IMPACT OPTIONS/ ALTERNATIVES: RECOMMENDATION. ATTACHMENTS: Click to download D Ordinance 1356 d 2010 Chapter 12 Amendments •IN ens ORDINANCE NO 1356 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE, BY REPEALING CHAPTER 12, TRAFFIC, IN ITS ENTIRETY, AND ADOPTING BY REFERENCE "2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 12, TRAFFIC AND PARKING" ON FILE WITH THE CITY CLERK, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR imS SEVERABILITY, AND PROVIDING FOR PENALTIES WHEREAS, the current version of the Apache Junction City Code, Volume I, Chapter 12, Traffic, has not been comprehensively amended since city incorporation in 1978, and WHEREAS, many provisions of Chapter 12 are unenforceable, and WHEREAS, the disabled parking state statutes have also changed since city incorporation but the current Chapter 12 version is not consistent therewith; and WHEREAS, the rules relating to parking of commercial trucks and their loads on city streets also need to be adjusted for enforceability purposes, and WHEREAS, the issuance of parking citations in the city limits is difficult due to antiquated provisions, and WHEREAS, a progressive monetary sanction schedule for parking violations needs to be in place and a civil hearing process for parking citations should be established affording all citation recipients due process of law; and eIN WHEREAS, while state law now allows unarmed police aides to issue parking and standing violations and auxiliary volunteers to issue disabled parking citations, such authority is not set forth in the current city code, and WHEREAS, the designated commercial truck route map in the vehicle weight restrictions of Chapter 12 also needs serious revision to more accurately reflect the City' s street circulation system, and WHEREAS, to avoid unnecessary delays and to promote public safety, the decision to place traffic and parking signage and implementation thereof should be collectively vested in the city engineer, and ORDINANCE NO. 1356 PAGE 1 OF 3 OmS Oml WHEREAS, Resolution No 09-63 declares as a public record the document entitled "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 12, Traffic and Parking", and WHEREAS, A R S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence OmS without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S . §§ 9-801 (1) and 9-802, it is the intent of the Council to adopt by reference the recommended traffic code and parking amendments NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I IN GENERAL 1 . Existing Apache Junction City Code, Volume I, Chapter 12, Traffic, is hereby repealed 2 . That certain document known as the "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 12, Traffic and Parking", three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No 09-63 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A R S § 9-802 SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations 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 affect the validity of the remaining portions thereof ORDINANCE NO. 1356 PAGE 2 OF 3 ems SECTION IV PROVIDING FOR PENALTIES Violations of Apache Junction City Code, Volume I, Chapter 12, shall be punishable as civil traffic infractions unless otherwise indicated in the 2010 amendments PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF p 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010. JOHN S . INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J STERN City Attorney ORDINANCE NO 1356 PAGE 3 OF 3 2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE VOLUME I CHAPTER 12 TRAFFIC AND PARKING Article 12-1 ADMINISTRATION § 12-1-1 Duty of Police Department § 12-1-2 Records of Traffic Violations § 12-1-3 Police Dcpartr at to Invcstigatc AccidcntsTraffic Accident Investigations § 12-1-4 Traffic Accident Studies § 12-1-5 Traffic Accident Reports Article 12-2 TRAFFIC CONTROL § 12-2-1 Directing Traffic § 12-2-2 Obedience to Traffic Regulations § 12-2-3 Use of Coasters, Roller Skates and Similar Devices Restricted § 12-2-4 Traffic Control Devices § 12-2-5 Authority to Designate Crosswalks ; Establish Safety Zones and Mark Traffic Lanes § 12-2-6 Authority to Place and Obedience to Turning Markers § 12-2-7 Authority to Place and Obedience to Restricted Turn Signs § 12-2-8 Limitations on Turning Around § 12-2-9 One-way Streets and Alleys § 12-2-10 Regulation of Traffic at Intersections § 12-2-11 Drivers to Obey Signs § 12-2-12 Processions § 12-2-13 Speed in Alleys § 12-2-14 Vehicle Door as Traffic Obstruction § 12-2-15 Unnecessary Vehicle Noise Article 12-3 PARKING § 12-3-1 Method of Parking § 12-3-2 Blocking Traffic § 12-3-3 Parking Adjacent to Schools § 12-3-4 Authority to Erect Signs Restricting Parking § 12-3-5 Parking Vehicles on Sidewalks § 12-3-6 Abandoned Vehicles § 12-3-7 Fire Lanes § 12-3-8 Disabled Parking 1 § 12-3-9 Parking Trucks, Trailers and Similar Vehicles in Residential Areas § 12-3-10 Unattended Motor Vehicles § 12-3-11 Authority to Place Parking Restriction Signage Article 12-4 PARKING VIOLATIONS, LIABILITY AND ENFORCEMENT § 12-4-1 Definitions § 12-4-2 Parking Violations and Persons Liable § 12-4-3 Unarmed Police Aides § 12-4-4 Volunteer Parking Enforcement § 12-4-5 Parking Notice Issuance § 12-4-6 Response to Parking Notice § 12-4-7 Schedule of Sanctions § 12-4-8 Penalties Article 12-5 VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS § 12-5-1 Weight Restrictions Within Residential Areas and Other Roads § 12-5-2 Weight Restrictions on Mile Grid Roadways, U. S. Highways and State Routes § 12-5-3 Exemptions § 12-5-4 Weighing of Vehicles § 12-5-5 Unlawful Weight § 12-5-6 Damage to the Street § 12-5-7 Overweight Permits § 12-5-8 Penalties § 12-5-9 Designated Truck Routes 2 CHAPTER 12 TRAFFIC AND PARKING Article 12-1 ADMINISTRATION Section Section 12-1-1 Duty of Police Department Section 12-1-2 Records of Traffic Violations Section 12-1-3 Police Department to Investigate AccidentsTraffic Accident Investigations Section _ 12-1-4 Traffic Accident Studies Section 12-1-5 Traffic Accident Reports See-§ 12-1-1 Duty of Police Department (A) It shall be the duty of the police -Ddepartment under the direction of the public safety director (hereinafter the "chief of police") to provide for the enforcement of the street traffic regulations of the Gcity and all of the testate vehicle laws applicable to street traffic in the Gcity, to make arrests for traffic violations, to investigate accidents and to assist in developing ways and means to improve traffic conditions and to carry out all duties specially imposed upon the -Ppolice -Bdepartment by this chapter. (B) Any peace officer or duly authorized agent of the Gcity may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any chapter of this code, and to serve a copy of the traffic complaint for any alleged civil or criminal violation of -ethis articles. See.S 12-1-2 Records of Traffic Violations (A) The -Ppolice department shall keep a record of all violations of the traffic laws of the Gcity or of the state vehicle laws of which any person has been charged consistent with federal and state law, together with a record of the final disposition of all such alleged offenses The record shall accumulate during at lest a five (5) year period and from that time on the record shall be maintained complete for at least the most recent five (5) year period (B) All forms for records of violations and notices shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms. 3 (C) All records and reports shall be open to the public records, subject to privacy and confidential considerations set forth in federal and state statutes as interpreted under common law. Scc.§ 12-1-3 Police Department to Investigate AccidcntsTraffic Accident Investigations It shall be the duty of the -Ppolice -9department to investigate traffic accidents and to arrest and assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. Scc.§ 12-1-4 Traffic Accident Studies Whenever the accidents at any particular location become numerous the Police Chicfcity engineer or traffic engineer shall conduct studies of the accidents and determine remedial measures Scc § 12-1-5 Traffic Accident Reports (A) The 1apolice -Ddepartment shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by locationby case number. (B) The Ppolice 4Ddepartment shall receive and properly file all accident reports made to it under applicable State law or under aRylaw. of thc City, but all the accident reports made by drivers shall be for thc confidential use of the City. No such report shall be admissible in any civil or criminal proceeding other than upon request of any person making the report or upon request of the court having jurisdiction, to prove a compliance with thc laws requiring thc making of any the report Article 12-2 TRAFFIC CONTROL Section Section 12-2-1 Directing Traffic Lection 12-2-2 Obedience to Traffic Regulations Section 12-2-3 Use of Coasters, Roller Skates and Similar Devices Restricted Section 12-2-4 Traffic Control Devices Cection 12-2-5 Authority to Designate Crosswalks, 4 Establish Safety Zones and Mark Traffic Lanes Section 12-2-6 Authority to Place and Obedience to Turning Markers Section 12-2-7 Authority to Place and Obedience to Restricted Turn Signs Section 12-2-8 Limitations on Turning Around Section 12-2-9 One-way Streets and Alleys Section 12-2-10 Regulation of Traffic at Intersections section 12-2-11 Drivers to Obey Signs Section 12-2-12 Processions Section 12-2-13 Speed in Alleys Section 12-2-14 Vehicle Door as Traffic Obstruction Section 12-2-15 Unnecessary Vehicle Noise Section 12 2 16 Unattended Motor Vehicles Scc § 12-2-1 Directing Traffic Officers and/or auxiliary patrol of the -Ppolice -department are hereby authorized to direct all traffic by voice, hand or signal. Scc § 12-2-2 Obedience to Traffic Regulations No person shall do any act forbidden or fail to perform any act required by this chapter No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer. See § 12-2-3 Use of Coasters, Roller Skates and Similar Devices Restricted No person upon roller skates or riding any coaster, toy vehicle or similar device shall go upon any roadway except while crossing a street on a crosswalk and, when crossing, the person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians Sec § 12-2-4 Traffic Control Devices (A) The Po1cc Department, with the approval of the Councilpublic works department, at the direction of the city engineer or traffic engineer, shall place and maintain traffic control devices, signs and signals when, and as required, under the traffic regulations of the Gcity, (and the most current version of the Manual on Uniform Traffic Control Devices) , to make effective the provisions of the regulations, and may place and maintain such additional traffic control devices as may be deemed necessary to 5 regulate, c guide or warn traffic under the traffic laws of the Gcity g Y or under &state law. In public right-of-ways or public easements, the police department will provide enforcement services of these devices B) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the traffic regulations of the Gcity unless otherwise directed by a police officer, subject to the exceptions granted in this chapter or by &state law. Scc g 12-2-5 Authority to Designate Crosswalks , Establish Safety Zones and Mark Traffic Lanes The Policc Dcpartmcntcity engineer or traffic engineer is hereby authorized, on approval by the Council to. (A) To Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where there is particular danger to pedestrians crossing the roadway, and at such other places as may be deemed necessary, (B) To Establish safety zones of such kind and character and at such places as may be deemed necessary for the protection of pedestrians; and (C) To Mark lanes for traffic on street pavements at such places as may be deemed advisable consistent with the traffic laws of the G ity. Scc § 12-2-6 Authority to Place and Obedience to Turning Markers (A) The Policc Dcpartmcntcity engineer or traffic engineer is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law (B) When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by turning vehicles, turning thcrcat, no driver of a vehicle shall disobey the directions of those indications. 6 § 12-2-7 Authority to Place and Obedience to Restricted Turn Signs (A) (1) The Police Department, on approval by thc Council, city engineer or traffic engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or u-turn and shall place proper signs at such intersections. (2) The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or such signs may be removed when such turns are permitted. (B) Whenever authorized signs are erected indicating that no right or left or u-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. (C) Vehicles exceeding thirty six feet (36' ) in length shall be prohibited from making turns at thc following locations : (1) Westbound: East Highway 60 to Southbound Royal Palm Poad; (2) Eastbound: East Highway 60 to Southbound Royal Palm Road; and (3) Eastbound Broadway Avenue to North and Southbound Royal Palm Road. Scc § 12-2-8 Limitations on Turning Around The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any S-street in a business district and shall not upon any other street so turn a vehicle unless the movement can be made in safety and without interfering with other traffic. 6ee—§ 12-2-9 One-way Streets and Alleys (A) The shall, by resol _on, designate any streets or alleys which are to be limited to one-way traffic (B) (1) When any resolution of the Council designates any one way street or alley, The Police Dcpartmcntcity engineer or traffic engineer shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless the signs are in place 7 OIS (2) Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. Sec, 12-2-10 Regulation of Traffic at Intersections (A) The Council city engineer or traffic engineer shall by ordinance designate through streets, intersections where stops are required and intersections where vehicles shall yield the right-of- way. (B) When any ordiea-cc of the Council The city engineer or cna.ineer shall designate any through street or intersection where vehicles are to stop or yield the right-of-way,—. (C; The streets public works Dcpartmcntcity engineer or traffic engineer shall erect and maintain the appropriate signs at every location where a vehicle must stop or yield the right-of-way See- 12-2-11 Drivers to Obey Signs Whenever traffic signs are erected as provided in this chapter, every driver of a vehicle shall obey those signs unless directed to proceed by a police officer or a traffic control signal. No driver shall drive upon or through any private property such as an oil station, corner or vacant lot or similar property to avoid obedience to any regulation included in this chapter. See-c' 12-2-12 Processions (A) No procession or parade, except funeral processions, shall be held without first securing a permit from the Ppolice Gchief, and all such requests for permits shall state the time, place of formation, proposed line of march, destination and other information as the -Ppolice Gchief may request. (B) A funeral procession composed of a procession of vehicles shall be identified by such methods as may be determined and designated by the iapolice €chief. (C) No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when the vehicles are conspicuously designated This provision shall not apply at intersections where traffic is controlled by traffic control signals or a police officer. 8 J1 (D) Each driver in a funeral or other procession shall drive as near to the right hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe. Scc.§ 12-2-13 Speed in Alleys It shall be unlawful for any person to operate a motor vehicle upon or through a public alley or any part thereof at a speed greater than ten (10) miles per hour. -See�§ 12-2-14 Vehicle Door as Traffic Obstruction No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle adjacent to moving traffic for a period of time longer than necessary to load or unload passengers . Scc. § 12-2-15 Unnecessary Vehicle Noise (A) No person shall intentionally operate any vehicle at such a speed on a curve, straight of way or turn, or accelerate or decelerate such vehicle in such a manner as to create loud and unnecessary unreasonable noise through the squealing of tires upon the pavement, or to cause damage to the roadway, or to cause the surface of the roadway to be displaced in any manner including throwing dirt, gravel, stone or other roadway surface or material upon the surface into the air. (B) No person shall violate any of the provisions of subsection (A) above while upon the surface of any parking lot or parking space of any public place Sec. 12-2-16 Unattended Motor Vehicles — (A) No person do v=ng or in cha ge of a for vehicle s r turning the front wheels-tee-the-curb side-ef the ad.-ay -- ( e re r any- olice officer shall zznd a motor vehicle standing—unattended :ri-t r—the ignition key �i�the vehicle, in violation of this section, such police officer is authorized to 9 remove—tyre-key re -sue -vehicle and—to deli -tee—keg- e—the Policc Departmcnt. Article 12-3 PARKING Section Section 12-3-1 Method of Parking Section 12-3-2 Blocking Traffic Section 12-3-3 Parking Adjacent to Schools Ucction 12-3-4 Authority to Erect Signs Restricting Parking Section 12-3-5 Parking Vehicles on Sidewalks -Section 12-3-6 Abandoned Vehicles Section 12-3-7 Fire Lanes Section 12-3-8 Handicapped Parking Section 12-3-9 Parking Trucks, Trailers and Similar Vehicles in Residential Areas Section 12-3-10 Unattended Motor Vehicles Section 12-3-11 Authority to Place Parking Restriction Signage Sec.§ 12-3-1 Method of Parking Except as otherwiseprovided byresolution of the Council herein, P every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of the vehicle parallel to and within eighteen (18) inches of the right hand curb Such vehicle must be positioned such that it is not in opposite to the direction of travel Scc § 12-3-2 Blocking Traffic (A) No person shall stop, stand or park any motor vehicle or other vehicle upon a street in the Gcity in such manner or under such conditions as to leave available less than twenty (20) feet of the width of the roadway for the free movement of vehicular traffic, except that a person may stop temporarily, in the actual loading or unloading of passengers or, when necessary, in the observance of traffic signs or signals of a police officer. (B) No person shall park any motor vehicle or other vehicle within an alley or entrance to a private driveway except for the loading or unloading of materials which mustand not then unless the loading or unloading can be accomplished without blocking the alley or entrance to the private driveway to the free movement of 10 vehicular traffic (C) No person shall park any vehicle upon a street or city right-of-way where signs prohibiting parking of vehicles are posted. acc § 12-3-3 Parking Adjacent to Schools When signs are erected indicating no parking on that side of the street adjacent to any school property, no person shall park a vehicle in any such designated place for one (1) hour before school opens until one (1) hour after school closes on any school day. Scc § 12-3-4 Angle Parking The Police Department, upon approval by thc Council, may crcct signs When signs have been erected requiring parking at an angle to the curb, allowing parking on the left hand curb on one-way streets, notifying drivers that parking is prohibited and restricting parking in any way that may be necessary—, Whcn signs havc bccn crcctcd as authorized by this scction, it is unlawful for any person to stop or stand a vehicle in disobedience to thc of such parking restrictions . Scc.§ 12-3-5 Parking Vehicles on Sidewalks No person shall park any vehicle, whether in usable condition or not, upon any sidewalk in the Gcity nor shall a vehicle owner permit his or her vehicle to be parked upon any sidewalk in the Gcity Ccc.§ 12-3-6 Abandoned Vehicles (A) No person shall abandon any vehicle on public or private property. (B) Evidence that a vehicle was left unattended for a period of forty-eight (48) hours shall be prima facie evidence of abandonment. (C) Members of the Ppolice ADdepartment so authorized by the Gchief of Ppolice may remove or cause to be removed any abandoned vehicle. (D) Upon removal, the abandoned vehicle shall be appraised by 11 a police officer designated by the Gchief of lapolice and certified to the Arizona Department of Transportation. (E) After the vehicle is appraised, it shall be disposed of pursuant to A.R.S. Title 28, Chapter 8, Article 5, and as amended — Scc § 12-3-7 Fire Lanes (A) No person shall stop, stand or park any vehicle within or upon a designated fire lane, whether on public or private property. ; provided, however, that appropriate signs or other markings, as shall bc approved, or designated by the Fire Chief, shall bc posted, erected, marked and maintained in order for this regulation to be effective. (B) Any vehicle stopped, parked or standing within a fire lane may be removed at the expense of the vehicle owner. Removal of a vehicle so in violation may be authorized by a police officer, the Apache Junction -Ffire district Gchief or his or her representative or that the lawful owner or manager of the adjoining property (C) A fire lane is an area, parking lot, driveway, roadway or portion thereof that shall be- (1) Designated or approved by the Apache Junction Ffire district Gchief; (2) Marked with standard signs or other markings as approved or designated by the Apache Junction -Ffire district Gchief, (3) Maintained clear of obstructions its entire length and width for fire equipment and access Scc.5 12-3-8 Handicapped -Disabled Parking (A) No person shall stop, stand or park any vehicle in a parking space set aside and identified for use only by persons with physical disabilities unless the vehicle has displayed thereon a distinguishing insignia or numbered plates bearing the international wheel chair symbol issued pursuant to A.R.S. § 28- 2409, as amended. (B) Subsection (A) above shall apply only to those parking spaces that are identified with standard signs and/or markings as approved by the Gcity E-engineer. (C) Subsection (A) above shall apply whether such parking space is on public or private property. 1 12 Scc. § 12-3-9 Parking Trucks, Trailers and Similar Vehicles in Residential Areas No person shall stand or park a vehicle with a gross vehicle weight rating ("GVWR") in excess of 10, 000 pounds, or a tractor, semi- trailer, trailer or bus on a local or collector street in a residential area, with the following exceptions. (A) The active loading or unloading of such vehicles while in the process of delivering goods or services to or within the residential area; (B) The active loading or unloading of personal baggage within the residential area for a period of time no greater than one-half (1/2) hour, or (C) A temporary stop for a reasonable period of time no greater than one and one-half (1 1/2) hour by a vehicle owner who is stopping at his or her residence (D) The occupants of the home have engaged a professional moving company that is moving personal household items into or out of the home, which activity does exceed four hours . § 12-3-10 Unattended Motor Vehicles (A) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key or when standing upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to the curb side of the roadway. (B) Whenever any police officer shall find a motor vehicle standing unattended with the ignition key in the vehicle, such police officer is authorized to remove the key from such vehicle, secure the vehicle by locking the doors and closing the windows, and to deliver the key to the Apache Junction Police Department, along with an incident report setting forth where the vehicle was located, the plate and VIN number, and other critical information § 12-3-11 Authority to Place Parking Restriction Signage The public works department shall erect parking restriction signage placing drivers on notice of the types of parking restrictions referred to in this code 13 Article 12-4 PARKING VIOLATIONS, LIABILITY AND ENFORCEMENT Section Section 12-4-1 Definitions Section 12-4-2 Parking Violations and Persons Liable Section 12-4-3 Unarmed Police Aides Section 12-4-4 Volunteer Parking Enforcement Section 12-4-5 Parking Notice Issuance Section 12-4-6 Response to Parking Notice Section 12-4-7 Schedule of Sanctions Section 12-4-8 Penalties Sec§ 12-4-1 Definitions (A) "Civil Traffic Violation" means any violation of any city ordinance or provision of this code which regulates the time, place, or method of parking Parking violations are civil traffic violations of this code. (B) "Parking" means the standing of a vehicle, whether occupied or not. (C) "Vehicle" means either. (i) A a self-propelled vehicle; or (ii) Ffor the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel, including but not limited to motor vehicles, trucks with semi-trailers (i.e. big rigs) , RVs, campers, and golf carts; but does not include a motorized wheelchair, an electric personal assistive mobility device or a motorized skateboard Scc.§ 12-4-2 Parking Violations and Persons Liable (A) Stopping, standing, or parking at all times on any street is prohibited if official signs are erected and in place giving notice thereof that stopping, standing, or parking is prohibited. (B) It is unlawful for a vehicle to be parked in violation of any Gcity ordinance or provision of this ode regulating the time, place, or method of parking. Violations of any Gcity ordinance or provision of this Goode regulating the time, place, or method of parking which are continuous in nature shall constitute a separate and distinct violation for each full hour thereof (C) Whenever a vehicle is parked in violation of a Goity ordinance or provision of this Goode regulating the time, place, or 14 method of parking, the owner or owners of the vehicle, the registered owner or owners of the vehicle, and the person who parked or placed the vehicle where the violation occurred shall be jointly and individually liable for the violation and for the civil sanction prescribed herein. (D) A vehicle parked contrary to or inconsistent with any Gcity ordinance or provision of this Goode regulating the time, place, or method of parking which provides that "no person" may stop, stand, or park a vehicle at a designated location or contrary to any limitations, restrictions, or other provision regulating the time, place, or method of parking, is deemed to be parked in violation of said ordinance or provision of this Goode. (E) Whenever a vehicle is parked upon the public right-of-way or other property in violation of this Goode and the vehicle has previously been the subject of five (5) or more violations of the same parking provision of this Goode within a twelve- (12 ) month period but the civil sanctions prescribed under the Apache Junction City Code for those violations have not been satisfied, then the vehicle shall be deemed to constitute a public nuisance and the owner of the vehicle consents to immobilization, towing, and impoundment of the vehicle. A possessory lien is hereby created and attached to such vehicle for the payment, in cash or its equivalent, of all current and accumulated parking tickets and for reasonable costs associated with immobilization, towing, and impoundment. Scc. 12-4-3 Unarmed Police Aides As authorized by A.R.S. § 28-627 (E) , the Ppolice Gchief is authorized to appoint, and when necessary remove, unarmed police aides who shall be employed by the Ppolice -Bdepartment and shall be empowered to commence an action or proceeding before a court or judge for any violation of the ordinances of the Gcity regulating the standing or parking of vehicles. The authority of unarmed police aides is strictly limited to the enforcement of ordinances of the Gcity regulating the standing or parking of vehicles, and in no way shall be construed to grant other powers or benefits to which peace officers of this estate are entitled. Ccc. 12-4-4 Volunteer Parking Enforcement As authorized by A.R S § 28-886, the ±police Gchief may establish a volunteer parking enforcement program for parking for persons with physical disabilities. The Ppolice Gchief or his designated representative is authorized to appoint volunteers to issue 15 /h citations for violations of Apache Junction City Code § 12-3-8 regulating parking in parking spaces for persons with physical disabilities Scc § 12-4-5 Parking Notice Issuance (A) In an action involving unlawful parking, a copy of the notice need not be personally served upon the owner or operator of the vehicle but may be served by attaching a copy to the vehicle. (B) The notice shall include the date, time, and location of the violation, the 8-state license number of the vehicle unlawfully parked, reference to the City Code provision violated, and notice that within seven (7) calendar days from the day on which the notice was issued the sanction for the violation must be paid and received by the Apache Junction Municipal Court or a request made and received by the Apache Junction Municipal Court for an Initial l\ppcarancc/Ha hearing to contest the alleged violation. The Nnotice shall also list the additional sanctions applied after payment has been received (from 8 30 03 and after 30eight to thirty days and after thirty days) in which the citation remains unpaid. within the first seven days after issuance. (C) The notice, or copy thereof, shall constitute prima facie evidence of the parking infraction Sec ; 12-4-6 Response to Parking Notice Within seven (7) calendar days from the day on which the notice was issued, the person or persons liable for the parking violation shall respond to the notice by one of the following methods : (1) By appearing in person, by representation, or by mail to the Apache Junction Municipal Court within said seven (7) calendar day period, admitting responsibility for the violation and paying the civil sanction prescribed for the violation. The phrase "by representation" noted in this subsection and in subsection (2) below means a person who is actively licensed in the State of Arizona as an attorney in good standing with the Arizona State Bar and who has agreed to advocate for the person or persons liable for the parking violation (2) By contacting the Apache Junction Municipal Court in person, by representation, by telephone, by mail within said seven (7) calendar day period and requesting a hearing to contest the alleged violation. The 44hearing Gofficer at this hearing may accept the defendant' s explanation and dismiss the notice of violation or 16 ,/\ shall inform the defendant that the civil sanction must be paid or a request must be made for a civil traffic hearing to contest the alleged violation. (3) A request for a hearing or payment of the civil sanction will be considered received by the Gcity if it is actually delivered to the Apache Junction Municipal Court or postmarked within seven (7) calendar days after the date the notice of violation was issued. A request for a hearing made by telephone will be considered received the day it is made if it is received by an Apache Junction Mmunicipal G,_.ourt employee between the hours of eight (8 . 00) A.M. and five (5 . 00) P.M. of any day, except on Saturday, Sunday, or a Gcity holiday Scc.§ 12-4-7 Schedule of Sanctions The sanctions listed in the following schedule are the minimum sanctions that may be imposed for violations of the s-sections of the Gcity Goode listed therein. Any person violating any of the provisions of this Goode other than those specified in the following schedule shall be liable for the imposition of a civil sanction not to exceed two hundred fifty dollars ($250) SCHEDULE OF SANCTIONS City Description Initial Sanction Sanction Ordinance Sanction when when when paid unpaid paid within after 30 within 7 8-30 calendar calendar calendar days days days 12-3-1 Parking more than 18 inches 30 .00 60 . 00 120 00 from curb. 12-3-2 (A) Blocking traffic. 30.00 60 00 120 00 12-3-2 (B) Blocking a public or 50 .00 100 00 200 00 private driveway or entrance to an alley. 12-3-2 (C) Parking where prohibited or 50. 00 100 00 200 00 restricted by official signs. 12-3-3 Parking adjacent to schools 30 .00 60 00 120. 00 where prohibited by signs 12-3-4 Parking contrary to posted 30 .00 60 . 00 120. 00 angle, one-way, or prohibited/restricted parking signs. 17 ornbk 12-3-5 Parking on a sidewalk, or 50 00 100. 00 200 . 00 in the area between the curb and the sidewalk. 12-3-6 (A) Parking an abandoned 50 .00 100. 00 200 00 vehicle on a street or other public property 12-3-7 (A) Stopping, standing, or 100. 00 200 . 00 300. 00 parking in a fire lane. 12-3-8 Parking in places reserved 300 . 00 400. 00 500 00 for the physically disabled. 12-3-9 Parking over-sized vehicles 50 00 100. 00 200. 00 in residential areas. 12-3-10 Parking an unattended 50 . 00 100. 00 200 00 vehicle on a roadway. Article 12-45 VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS Section Section 12-45-1 Weight Restrictions Within Residential Areas and Other Roads Section 12-45-2 Weight Restrictions on Mile Grid Roadways, U. S. Highways and State Routes Section 12-45-3 Exemptions Section 12-45-4 Weighing of Vehicles Section 12-45-5 Unlawful Weight Section 12-45-6 Damage to the Street Section 12-45-7 Overweight Permits Section 12-45-8 Penalties 12-5-9 m--ck Routes Scc § 12-45-1 Weight Restrictions Within Residential Areas and Other Roads It is unlawful for any person, partnership, association, company or corporation to: (A) Operate a vehicle with a gross vehicle weight rating ("GVWR") in excess of 10, 000 pounds on the public streets in any residential area and other roads within the corporate limits of the Gcity, except roads as indicated in § 12-45-2 below; or (B) Use the vehicles on the public streets in any residential area to access private property except for the purpose of parking within the restrictions of § 12-3-9 above 18 'ec § 12-45-2 Weight Restrictions on Mile Grid Roadways, U.S Highways and State Routes (A) The total gross vehicle weight and total gross axle weight of any motor vehicle truck or trailer, including the load thereon, driven only on designated truck routes as shown on Exhibit "A"in section 12-5-9, shall not exceed the gross weight given for the respective distance between the first and last axles of the group of axles measured longitudinally to the nearest foot as set forth in the appropriate table at weights applicable to highways under the jurisdiction of the &state by A.R.S. §§ 28-1009 1099 and 28- 1009 011100 in effect on the date this section becomes effective or as from time to time subsequently amended. (B) (1) The &state statutory tables and provisions are hereby made a part of this section in their entirety as though fully set forth herein (2) This section shall not apply to fire apparatus, urban mass transit transportation vehicles, implements of husbandry, including farm tractors temporarily moved upon a highway, or to vehicles operated under the terms of a special permit as provided in this article Scc.§ 12-45-3 Exemptions Vehicles involved in the pickup or delivery of goods or services, or vehicles receiving services, vehicles owned by a public or private utility while necessarily in use in the construction or repair of any public utility or cable television, so long as they use the most direct route to accomplish the purpose, emergency vehicles and school buses, pickups and recreational vehicles shall be exempt from the provisions of § 12-45-1 above unless otherwise specified. Scc.§ 12-45-4 Weighing of Vehicles Any police or peace officer employed in the State of Arizona, having reason to believe that the weight of a vehicle and load does not conform to the provisions of this code, is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that the vehicle be driven to the nearest public scales in the event the scales are within two (2) miles 19 Scc.§ 12-45-5 Unlawful Weight (A) When an officer, upon weighing a vehicle and load as provided in § 12-45-4 above, determines that the weight does not conform to the provisions of this article, the officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit as permitted under this article (B) All material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator. Scc § 12-45-6 Damage to the Street (A) Any person driving any vehicle, object or contrivance upon any street, highway or highway structure shall be liable for all damage which the street, highway or structure may sustain as a result of any illegal operation, driving or moving of the vehicle, object, or contrivance, or as a result of operating, driving or moving any vehicle, object or contrivance weighing in excess of the maximum weight in this article, even if authorized by a special permit issued as provided in A.R S §§ 28-1004 1103 or 28-10111144 (B) When the driver is not the owner of the vehicle, object or contrivance, but is so operating, driving or moving the same with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage Sec § 12-4E-7 Overweight Permits The -public orks 'rector or his or her designee, upon application in writing and good cause shown, may issue a special permit in writing authorizing the applicant to operate a vehicle or load exceeding the maximum specified in this article on any street under the jurisdiction of the Gcity. Appeals shall be directed to the Gcity Nmanager in the samc manncr as in § 12 3 12within five (5) calendar days and the city manager shall have three (3) business days to decide the appeal, with such decision being final and binding. 20 Sec § 12-45-8 Penalties (A) In addition to any other penalties provided herein, any person convicted of violating the provisions of this article shall be punished by a fine set forth in the following table• 1, 0001 to 1, 250 pounds in excess $100 1, 251 to 1, 500 pounds in excess $200 1, 501 to 2, 000 pounds in excess $300 2, 001 to 2, 500 pounds in excess $400 2, 501 to 3, 000 pounds in excess $500 3, 001 to 3, 500 pounds in excess $840 3, 501 to 4, 000 pounds in excess $980 4, 001 to 4, 500 pounds in excess $1, 120 4, 501 to 4, 750 pounds in excess $1, 260 4, 751 to 5, 000 pounds in excess $1, 400 Over 5, 001 pounds in excess $1, 400 plus an additional $100 for each 1, 000 pounds of excess weight (B) If any arresting officer finds that the person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to reload the vehicle to comply with the axle weight limitations, and if the driver so complies, he or she shall not be subject to arrest or fine. If the driver does not comply with the request of the officer to reload, the driver shall be subject to arrest and fine as provided by this section. § 12-5-9 Designated Truck Routes Set forth below is the City of Apache Junction' s designated Truck Route map referred to in Section 12-5-2 21 ,...., . DESIGNATED TRUCK ROUTE MAP CITY OF APACHE JUNCTION MCKELLIPS ROAD N < : IQ ES - -3 8 i , , a 10 0 9 :a - 11 W , -- E cc 1 L; 9_ cr .--- .- ..., .2, ,... 2 9 g CA E LOST DUTCHMAN bL,_....4 .0/01•MI.Annora l mo MOMIMICINIONINICIMINMMI :was =nom=INNOMM.=Nome... ..,.mm. ams:.• m NOT TO S I I I I-;" I r /- 1 I SUPERSTITION BLVD 1..... I I ................ , .....r......i I I , 19 APACHE TRAII. I 77 1 73 I ., - BROADWAY AVE I I wrommt roma.mon.=AmmaltwommokAm•mkomommani I Ai/ 0 I .4} I • • 30 I 19 27 26 i I I SOUTHERN AVE I 1••••••• ros-ammusEW i 31 32 1 El 33 34.---J 35 _.... lia 'A 1111••=91 I I - --L., I I I 1 BASELINE AVE. 1-1'1 1-18 6 I 5 4 3 2 1 ' I . \ 1 1 GUADALUPE AVE 0 I L 2 C I a 0 < th < 0 Cr ,.... Ei 0 c 2 cr 3 2 7 5 10 8 6 9 t 10 c ...l 1 1 41 1'),...' tz ''..' 42 1 Li' e n 15 o 0 ELLIOT AVE I IS _I I iRUCH ROUTE c;;-:;;;;;;;;-. ...,,,c--;,0,..- •:.....- , GRAMICIEGE\D 111111011. Calis,,E.:IR di El:1.CA 1014.FP....rf MM. ift,.... ........... 0,5E,....,441 .4.,..4 1 1 2 2