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SPECIAL WORK SESSION
OF THE
APACHE JUNCTION CITY COUNCIL
CITY COUNCIL CHAMBERS
1001 N. IDAHO ROAD, APACHE JUNCTION, AZ
THURSDAY, MARCH 13, 1986, 5:00 P.M.
AGENDA
1 . Call to Order
2. Roll Call
3. Discussion on Proposed Ordinance No. 486, amendment to the Zoning
Ordinance to provide for regulation of "adult" oriented businesses,
and related issues.
4. Adjournment
Copies of this agenda and additional information regarding any of the
items listed above may be obtained from the City Clerk's office, 1001
N. Idaho Road, Apache Junction, AZ, Monday through Friday, 8:00 a.m.
to 5:00 p.m. , excluding holidays.
Dated this 12th day of March, 1986.
/a-a4ieLl L=G L�Gtt/fi tKathleennnelly { �� I'
City Clerk /a� I I
1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002
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ROLL CALL
ROLL CALL PRESENT j ABSENT I
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COUNCILMAN T YLO . ► 1O
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STAFF PRESENT W.S.
CITY MANAGER MICHAEL J. MCNULTY (,//:,„,
CITY CLERK Kathy Connelly L
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FINANCE CONTROLLER Keith Lewis
c(77k DIRECTOR OF PLANNING Chuck Newcomer
DIRECTOR OF PUBLIC SAFTEY Bill McDaniel •
DIRECTOR OF PUBLIC WORKS Rich Broman
CITY ATTORNEY Mr. Alexander/Mr. Hirsch l
ECONOMIC DEVELOPMENT SPECIALIST John Schoeph
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DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Agenda Approved by_ ,,K
Date It@III if
March 7, 1986
Consent Agenda
MEMORANDUM • HONORABLE MAYOR AND CITY COUNCIL Public Hearing a 'a
THROUGH: /MICHAEL J. MCNULTY, CITY MANAGER Old Business .�.
New Business .___
FROM: IJP CHUCK NEWCOMER, DIRECTOR OF PLANNING
,, Postponed item ,..... ,
SUBJECT. REQUEST FOR AGENDA ITEM - MARCH 18, 1986
PUBLIC HEARING PZ-3-86 ORDINANCE NO. 486
BACKGROUND
At the December 17, 1986 City Council meeting, the Council initiated an amendment
to the Zoning Ordinance to provide for regulation of "adult" businesses.
The Council directed that the amendments address the zoning classifications
in which adult uses may be conducted; minimum distance from schools, churches
and residential areas, and to provide for Special Use Permits or other regulations
required to regulate adult uses.
Staff drafted zoning ordinance amendments based on the directions given by the
Council and presented them to the Planning and Zoning Commission.
Ordinance No. 486 is based on the recommendations of the Planning and Zoning
Commission and can be summarized as follows:
1 . Definitions of "adult uses", specifically "adult bookstore" and "adult theater"
would be added to the Zoning Ordinance.
2. A conditional use permit would be required for "adult uses" and would only
be permitted in the C-4 district.
3. In addition to the normal conditional use permit application and approval
procedures certain distances are prescribed between adult uses and certain
other uses.
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Planning and Zoning Commission held a public hearing on PZ-3-86 on February 25,
and adopted the following motion. (Jorgensen/Taylor 5-1-0)
1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002
PZ-3-86 ORDINANCE 486
CITY COUNCIL HEARING MARCH 18, 1986
MEMO OF MARCH 7, 1986
PAGE TWO
M/S "BE IT RESOLVED by the Planning and Zoning Commission of the City of
Apache Junction, Arizona, that case PZ-3-86, a proposed amendment to Sections
5.0101 , 16.0201 , and 16.0504 of the Zoning Ordinance providing for regulation
of "adult uses", that the Commission recommends to the Apache Junction City
Council the approval of said amendments:
As presented with the following amendments.
1 . Strike the petition clause in the amendment as written.
2. C-4 commercial districts are the only zoning areas where this is allowed.
3. No adult use shall be located within 1 ,000 feet of another adult use
or within 1 ,000 feet of an establishment selling alcoholic beverages.
Reasons for this recommendation are.
1 . Seems to certainly be needed in Apache Junction to keep a situation
some people don't want from continuing or getting worse.
2. It's for the good of the citizens of Apache Junction.
3. Because the 500 feet apparently can't be changed to 1 ,000 feet because
that would eliminate an establishment which might be a discriminatory
thing, this would limit this but wouldn't eliminate it.
Amendment number two and Reason number three were added by Mr. Taylor.
Motion passed 5-1-0 with Mrs. Conway dissenting.
STAFF RECOMMENDATION
The basis for Ordinance No. 486 is that a concentration of a number of adult
uses in close proximity to one another could create a skid-row effect contributing
to neighborhood deterioration through an increase in crime and a diminution
of property values. The Ordinance also provides for a 500 foot distance between
adult uses and extremely incompatible uses as residential areas, schools, churches,
and playgrounds.
In terms of the number of potential locations for adult uses, they would be
currently very limited since there have been only 3 rezonings to the C-4 district.
However, the C-4 district regulations have been in effect for only 12 months.
Future potential locations could include all the areas shown on the General
Plan 2001 Land Use Map as "General ", "Key" , or "Regional " Commercial areas,
given the separation restraints.
Our proposed ordinance, as well as many others in Arizona and across the country
is based on Detroit, Michigan's ordinance which was upheld in the U.S. Supreme
Court in 1976.
PZ-3-86 ORDINANCE 4°i`
CITY COUNCIL HEARING - AARCH 18, 1986
MEMO OF MARCH 7, 1986
PAGE THREE
A February, 1986 U.S. Supreme Court decision on Renton, Washington' s adult theater
ordinance has apparently expanded the authority of local governments to further
limit the location of adult uses to a single concentrated area. If the Council
wishes to consider the implications of this recent Supreme Court ruling prior
to adopting adult use regulations, it will probably be at least one to two months
before detailed analysis of the ruling will be available to us through the planning
and land use law publications.
.., DRR SLt8/l i I ft
To Psi- 2 coma-)
Section 5.0101 be amended by adding.
ADULT USES For the purposes of this Ordinance, adult uses are:
1 . ADULT BOOKSTORE: An establishment
a. Having as a substantial or significant portion of its stock in
trade for sale, barter or rental , books, magazines, other periodicals,
films or videotapes which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to
"Specified Sexual Activities" or "Specified Anatomical Areas,"
or an establishment with a segment or section devoted to the sale
or display of such material , or
b. Having as a substantial or significant portion of its stock in
trade for sale, barter or rental , books, magazines, other periodicals,
films or videotapes and which excludes minors by virtue of age
from the premises or a section thereof.
2. ADULT THEATER: An enclosed building :
a. Regularly used for presenting for observation by patrons therein
any film or plate negative, film or plate positive, film or tape
designed to be projected on a screen for exhibition, or films,
glass slides or transparencies, either in negative or positive
form, designed for exhibition by projection on a screen, or any
type of viewing booth or equipment, distinguished or characterized
by an emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas",
or
b. Regularly used for presenting for observation by patrons therein
any film or plate negative, film or plate positive, film or tape
designed to be projected on a screen for exhibition, or films,
glass slides or transparencies, either in negative or positive
form, designed for exhibition by projection on a screen, or any
type of viewing booth or equipment and which regularly excludes
minors by virtue of age from the premises.
The following definitions are applicable to the definition of "adult uses" .
1 . SPECIFIED SEXUAL ACTIVITIES: Human genitals in a state of sexual stimu-
lation or arousal ; act of human masturbation, sexual intercourse or
sodomy; fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
2. SPECIFIED ANATOMICAL AREAS: Less than completely and opaquely covered
human genitals, pubic region, buttock and female breast below a point
immediately above the top of the areola, and human male genitals in
a discernibly turgid state, even if completely and opaquely covered.
Section 16.0201 be amended by adding subsection (1 ) .
Section 16.0504 (3) be amended and Section 16.0604 be amended to include the
following wording•
Adult uses, provided that a Conditional Use Permit is obtained from the Planning
and Zoning Commission and subject to the following additional standards
1 . No adult use shall be located within 500 feet of any of the following
uses.
a. Churches, synagogues and any other religious institution
b. Public or private school or college
c. Public parks or playgrounds
d. Conforming or nonconforming residential use or any residential
zoning district, unless a petition requesting waiver of this re-
quirement, signed by 51% of those persons residing 30 days or more
within a 500 foot radius of the proposed uses is received and
verified by the Planning Director, then the Planning and Zoning
Commission may waive this requirement.
2. No adult use shall be located within 1 ,000 feet of another adult use.
3. For the purposes of this section, measurement from the proposed adult
use shall be made from that portion of the adult use, including projections
therefrom, that is closest to the property line of any use listed in
1 and 2 above or to the property line of any land in any residential
zoning district.
4. These provisions shall not be construed as permitting any use or act
which is otherwise prohibited or made punishable by law.
rior
ORDINANCE NO. 486
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING
SECTION 5 0101 AND SECTION 16 0604(3), REPEALING ANY CONFLICTING PROVISIONS,
AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THAT
SECTION I IN GENERAL
The Apache Junction, Arizona, Zoning Ordinance is amended by amending Section
5 0101 and by adding to Section 16.0604(3) to read as follows•
Section 5 0101
Add•
ADULT USES For the purposes of this Ordinance, adult uses are
ADULT BOOKSTORE An establishment
a. Having as a substantial or significant portion of its stock in trade
for sale, barter or rental, books, magazines, other periodicals,
films or videotapes which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to "Specified
Sexual Activities" or "Specified Anatomical Areas," or an establishment
with a segment or section devoted to the sale or display of such
material, or
b Having as a substantial or significant portion of its stock in trade
for sale, barter or rental, books, magazines, other periodicals,
films or videotapes and which excludes minors by virtue of age from
the premises or a section thereof.
ADULT THEATER An enclosed building
a Regularly used for presenting for observation by patrons therein
any film or plate negative, film or plate positive, film or tape
designed to be projected on a screen for exhibition, or films, glass
slides or transparencies, either in negative or positive form, designed
for exhibition by projection on a screen, or any type of viewing
booth or equipment, distinguished or characterized by an emphasis
on matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas", or
b. Regularly used for presenting for observation by patrons therein
any film or plate negative, film or plate positive, film or tape
designed to be projected on a screen for exhibition, or films, glass
slides or transparencies, either in negative or positive form, designed
for exhibition by projection on a screen, or any type of viewing
booth or equipment and which regularly excludes minors by virtue
of age from the premises.
The following definitions are applicable to the definition of "adult uses".
SPECIFIED SEXUAL ACTIVITIES Human genitals in a state of sexual stimulation
or arousal, act of human masturbation, sexual intercourse or sodomy,
fondling or other erotic touching of human genitals, pubic region, buttock
or female breast
SPECIFIED ANATOMICAL AREAS Less than completely and opaquely covered
human genitals, pubic region, buttock and female breast below a point
immediately above the top of the areola, and human male genitals in a
discernibly turgid state, even if completely and opaquely covered
worm.
Section 16.0604(3)
Add.
Adult uses, subject to the following additional standards
1 No adult use shall be located within 500 feet of any of
the following uses
a Churches, synagogues and any other religious institu-
tion
b Public or private school or college
c. Public parks or playgrounds
d Conforming or non-conforming residential use or any
residential zoning district
2 No adult use shall be located within 1000 feet of any of
the following uses:
a. Another adult use
b Any establishment selling alcoholic beverages
3 For the purposes of this section, measurement from the
proposed adult use shall be made from that portion of the
adult use, including projections therefrom, that is closest
to the property line of any use listed in 1 and 2 above
or to the property line of any land in any residential
zoning district
4 These provisions shall not be construed as permitting any
use or act which is otherwise prohibited or made punishable
by law.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance or any part of the code adopted herein by reference are hereby
repealed
SECTION III PROVIDING FOR SEVERABILITY
If any section, sub-section, sentence, phrase, clause or portion of this
Ordinance or any part of the code 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 portion thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THIS DAY OF , 19
Norman S Hill
Mayor
ATTEST
Kathleen Connelly
City Clerk
APPROVED AS TO FORM
David F Alexander
City Attorney
. f
PQACHE Jo
o 1 kl, MAR 12 ►r/cr
4#/zoNP its c'pacaie cOunctian
TO: BUILDING OFFICIAL 4OATE: March 11, 1986
FIRE INSPECTOR
SUBJECT: ZONING COMPLIANCE CERTIFICATE
When approved, this letter constitutes your ZONING COMPLIANCE CERTIFICATE,
Section , Ordinance number of the City of Apache
Junction.
Application is being made by: The Salvation Army PHONE: 982-4110
to operate the following business: Thrift Store
to be located at: 1678 W. Siiperstit Blyd. #A, Aparhe .Iunrtinn, A7_ R522O
the nature of the business being: Resale of donated items to help generate funds
f�r local Salvation Army unit to use in ongoing assistance programs and community
services programs.
RETURN TO: City Clerk
7d Q 3oT
This application)A meets the requirements of the Buildingn Department and
the Department of Public Safety to operate in acts -/ zone.
ZONING APPROVED ZONING DISAPPROVED 1
FIRE DEPT. APPROVED FIRE DEPT. DISAPPROVED
COMMENTS: Sale of second-hand goods, personal , furniture, books, magazines,
and automobiles, but not automobile parts requires CB-2 zoning. or
C-2.
CITY CODE--SECTION:
ZO NG ADMrNISTRATOR DPS/FIRE INSPECTOR
March 12, 1986
1001 North Idaho • Apache Junction Arizona 85220 • Telephone (602) 982-8002
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Electric Service 3,500 3,500
Water Service 2,500 2,500
Fencing and Backstop 5,000 10,000
Ballfield Lights 30,000 50,000
Multi-Court Lights 7,500 10,000
Restroom 15,000 30,000
Landscaping 2,500 5,000
Turf 2,500 2,500
Irrigation 20,000 60,000
0ffsites 19,500 30,000
Playground/Ramada's 18,500 30,000
Land 133,500 133,500
Total 260,000 367,000
1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002
ROLL CALL VOTE SHEET
NOTES
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ITEM # MEETING OF
MOTION BY: SECONDED BY:
3///0,1(j)
YES NO /L):41)
ABSTAINED
VICE MAYOR BAKKEDAHL
COUNCILMAN EIDSON /V VVI
�aCOUNCILWOMAN GARDNER ' /V
COUNCILMAN JIMENEZ �/ C�
COUNCILWOMAN TAYLOR / 16"
9
COUNCILMAN BALJO V 14 ` S•
MAYOR HILL / 1 0.
vt�J
UNANI"1OUS , IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE SHEET
NOTES
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ITEM # MEETING OF
MOTION BY: SECONDED BY:
)0/0e4ii alL})--i-
YES NO ABSTAINED
COUNCILMAN BALJO / UAlf
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pVICE MAYOR BAKKEDAHL ✓ 111
COUNCILMAN EIDSON k/ 01 J
COUNCILWOMAN GARDNER
COUNCILMAN JIMENEZ j ' 10)
COUNCILWOMAN TAYLOR
_ MAYOR HILL v 1
/
UNANIMOUS , IN FAVOR OPPOSED ABSTAINED
TOTAL
^ ^ rs
APACHE JUNCTION CITY COUNCIL WORK SESSION
CITY COUNCIL CHAMBERS
1001 N. IDAHO ROAD, APACHE JUNCTION, AZ
MONDAY, MARCH 17, 1986, 7 00 P.M.
TUESDAY, MARCH 18, 1986, 6.00 P M. (if required)
AGENDA
1 Call to Order
2. Roll Call
3 Discussion on agenda items for regular meeting of March 18, 1986
4 Presentation of storm drain and sanitary sewer reports
(Public Works)
5. Presentation of Economic Opportunities Action Team
quarterly report (Economic Development Specialist)
6. Presentation of city hall complex park master plan
(Community Services)
7. Discussion on L D.S. Church recreation facility
(Community Services)
8 Discussion on Proposed Ordinance No. 485 (Public Works)
9. Discussion on planning and zoning recommendation in the
zone of influence (Councilman Baljo)
10. Discussion on abandonment fee schedule (Councilwoman Taylor)
11 Discussion on public forum agenda (Councilman Jimenez)
12 Discussion on utility franchise tax (Vice Mayor Bakkedahl)
13 Discussion on city attorney availability (Vice Mayor Bakkedahl)
14 City Manager Status Report
15 Calendar Reports
16 Discussion on future agenda items
17. Reminder of scheduled executive session
18 Adjournment
Copies of this agenda and additional information regarding any of
the items listed above may be obtained from the City Clerk's
office, 1001 N Idaho Road, Apache Junction, AZ, Monday through
Friday, 8.00 a m to 5 00 p m , excluding holidays.
Dated this 13th day of March, 1986
Ask /Oak
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'�RizoNP `c�Dity o . ` pacLie C unction
March 10, 1986
A..
MEMORANDUM TO. HONORABLE MAY ND MEMBE OF HE CITY COUNCIL
THROUGH. CITY MANAGER X
FROM. DIRECTOR OF PUBLIC WORKS )l)
SUBJECT. TRAFFIC ORDINANCE REVIEW D AFT
(Study Session Agenda)
Attached is a draft of Ordinance No. 485 which provides for the regulation of
vehicle weight on City streets.
Essentially, the ordinance was prepared from a similar ordinance from the City of
Peoria and as referenced, is drawn to Arizona Revised Statutes, copies of which
are provided for your review.
RWB.sh
Attachments. Draft Review Ordinance No. 485
Copys of Arizona Revised Statutes
File 100.051
1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002
Abb., `, ems►
ORDINANCE NO. 485
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE,
CHAPTER 12 TRAFFIC BY ADDING ARTICLE 12-4 VEHICLE WEIGHT
RESTRICTIONS ON PUBLIC STREETS, REPEALING ANY CONFLICTING PRO-
VISIONS; PROVIDING FOR 'SEVERABILITY; AND PROVIDING FOR PENALTIES 4000*.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, AS FOLLOWS.
SECTION I IN GENERAL
That the Apache Junction City Code, Chapter 12 TRAFFIC be amended by adding
Article 12-4 VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS to read as follows.
ARTICLE 12-4 VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS
Section 12-4-1 Weight Restrictions Within Residential Areas and
Other Roads
Section 12-4-2 Weight Restrictions On Mile Grid Roadways, US Highways
and State Routes
Section 12-4-3 Exemptions
Section 12-4-4 Weighing of Vehicles
Section 12-4-5 Unlawful Weight
Section 12-4-6 Damages to the Street
Section 12-4-7 Overweight Permits
Section 12-4-8 Penalties
Section 12-4-1 Weight Restrictions Within Residential Areas and Other Roads
It shall be unlawful for any person, partnership, association, company or
corporation to operate a vehicle having a gross weight, including load, in excess
of eight thousand (8,000) pounds on the public street in any residential area and
other roads within the corporate limits of the City, except roads as indicated
in Section 12-4-2
Section 12-4-2 Weight Restrictions on Mile Grid Roadways, US Highways and
State Routes
The total gross vehicle weight and total gross axle weight of any motor vehicle,
truck or trailer, including the load thereon, driven only on mile grid roadways
(section-line roads), US Highways and State Routes, 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 of weights applicable to highways under the jurisdiction of the
State by Section 28-1008, 28-1009 and 28-1009.01 of the Arizona Revised Statutes
in effect on the date that this ordinance becomes effective or as from time to
time subsequently amended Said State Statutory tables and provisions are hereby
made a part of this section in their entirety as though fully set forth herein.
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
herein.
Section 12-4-3 Exemptions
Vehicles involved in the pickup or delivery of goods or services, vehicles owned
by a public or private utility while necessarily in use in the construction,
installation 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, shall be exempt from the provision of Section 12-4-1 of this article unless
otherwise specified
ORDINANCE NO 485
PAGE ONE OF THREE
Ask Ask 0110""Ar
Section 12-4-4 Weighing of Vehicles
Any peace officer employed by the State of Arizona, County of Maricopa, County
of Pinal, or the City of Apache Junction having reason to believe that the gross
weight, including load, of a vehicle is unlawful, is authorized to require the
driver to stop and submit of a weighing of the vehicle and load by means of
either portable or stationary scales and may require that the vehicle be driven
to the nearest public scales in the event such scales are within two miles, in
/R, the same manner as is provided in State statutes.
Section 12-4-5 Unlawful Weight
When a peace officer, upon weighing a vehicle and load as provided in Section
12-4-4, determines that the weight is unlawful, 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 in Sections 12-4-1 or 12-4-2 respectively
All material so unloaded shall be cared for by the owner or operator of the
vehicle at the risk of the owner or operator.
Section 12-4-6 Damages to Street
Any person driving, operating or parking any vehicle, object or contrivance upon
any street in the City shall be liable for all damage which the street 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
established by Section 12-4-1 or 12-4-2.
Section 12-4-7 Overweight Permits
The City Manager, or his 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 city
Section 12-4-9 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 as set
forth in the following table.
Aloft, 1,001 to 1,250 pounds in excess $ 100 00
1,251 to 1,500 pounds in excess 200 00
1,501 to 2,000 pounds in excess 300.00
2,001 to 2,500 pounds in excess 400 00
2,501 to 3,000 pounds in excess 500 00
3,001 to 3,500 pounds in excess 600 00
3,501 to 4,000 pounds in excess 660.00
4,001 to 4,500 pounds in excess 720.00
4,501 to 4,750 pounds in excess 760 00
4,751 to 5,000 pounds in excess 800 00
5,001 to 5,250 pounds in excess 840 00
5,251 to 5,500 pounds in excess 880 00
5,501 to 5,750 pounds in excess 920.00
5,751 to 6,000 pounds in excess 960.00
6,001 pounds and over in excess 1,000 00
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 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
ORDINANCE NO 485
PAGE TWO OF THREE
M
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance or any part of the code adopted herein by reference are hereby repealed
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of this ordinanc3^
or any part of the code adopted herein by reference is, for any reason, held to
be invalid or unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the remaining portions
thereof.
SECTION IV PENALTY CLAUSE
Any person found guilty of any violation of or failure or refusal to do or
perform any act required by Chapter 12 of this code constitutes a civil traffic
violation. Civil traffic violations are subject to the provisions of Title 28,
Chapter 6, Article 20 and 21, Arizona Revised Statutes and amendments thereof
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THIS DAY OF , 1986
Norman S Hill
Mayor
ATTEST
Kathleen Connelly
City Clerk
APPROVED AS TO FORM
David F Alexander
City Attorney
ORDINANCE NO 485
PAGE THREE OF THREE
tlli"3
Adak
§ 28-1008 Single axle load limit, exception
A. The gross weight imposed on the highway by the wheels of any one axle of a
vehicle shall not exceed twenty thousand pounds provided that the director may in
accordance with the provisions of § 28-1011 issue a special permit for the purpose of
moving from job to job within this state and from job to place of servicing and return
within the state, road machinery which exceeds the maximum weight specified in this
section
B For the purposes of this article an axle load means the total load transmitted to the
road by all wheels whose centers are included between two parallel transverse vertical
planes forty inches apart,extending across the full width of the vehicle
C. This section shall not be construed to limit in any manner the power of the director
^.. and local authorities to issue special permits pursuant to the provisions of 4 28-loll
Amended by Laws 1983 Ch 265,§ 3,off April 25, 1983
Cross References Violations,penalties,see§ 28-1031
Size and weight of transport vehicles, see Weight violations, prima facie evidence, see
§ 28-1011. § 28-1031
•
§ 28-1009 Cross weight of vehicles and loads, exception
A. On all highways in this state,a person may operate a vehicle with a gross weight
of twenty thousand pounds carried on any one axle,including enforcement tolerances,or
with a tandem axle gross weight of thirty-four thousand pounds, including enforcement
tolerances,or a gross weight of eighty thousand pounds for vehicle combinations of five
axles or more Notwithstanding any other provision of this section the maximum gross
weight is twenty thousand pounds carried on one axle,including enforcement tolerances,
thirty four thousand pounds on a tandem axle,including enforcement tolerances,and on a
group of two or more consecutive axles an overall maximum gross weight, including
enforcement tolerances,produced by application of the following formula
W=500 LN + 12N + 36
Ali
Where W equals overall gross weight on any group of two or more consecutive axles to
the nearest five hundred pounds, L equals distance in feet between the extreme of any
group of two or more consecutive axles to the nearest foot,and N equals number of axles
in any group under consideration except that two consecutive sets of tandem axles may
carry a gross load of thirty four thousand pounds each if the overall distance between the
first and last axles of such consecutive sets of tandem axles is thirty-six feet or more if
such overall gross weight does not exceed eighty thousand pounds,including all enforce-
ment tolerances
B This section does not apply for those vehicles and loads which cannot be easily
dismantled or divided and which have been issued special permits in accordance with
§ 28-1011
Added by Laws 1983,Ch.265 § 5 eff April 25,1983
§28-1009 01 TRANSPORTATION
Distance In Feet Allowed Load In Pounds
33 64,000
34 64,500
35 65,500
36 66,000
37 66,500
38 67 500
39 69,000
• 40 70,500
41 72,500
42 74,000
43 i 75,000
44 75500
45 76,000
46 76,500
47 77,500
48 78 000
49 78,500
50 79 000
51 or over 80,000
C. A person shall measure the distance between axles to the nearest even foot. Ili
fraction is exactly one-half foot the person shall use the next larger whole number
Added by Laws 1984,Ch 128,§ 2
i23 U.S C.A § 101etseq
Repeal
This section is repealed on July 1, 199,1 by Laws 1984, Ch. 128, 1 4
Former § 28-1009 01, added by Laws 1983 Size and weight of transport vehicles, HI
Ch 265 § 5 and relating to the gross weight of § 28-1011
vehicles and load on state highways, was re- Penalties,sec§ 28-1031
pealed by Laws 1984, Ch 128, § 1, effective Violations penalties sec§ 24-1031
Aug 3, 1984 and by Laws 1983, Ch 265 § 8, Weight violations prima facie evidence see
effective July 1, 1993 § 28-1031
1984 Reviser's Note
Pursuant to authonty of section 41-1304 02 at Library References
the beginning of the heading of this section Automobiles c=50l
"Maximum"was added CJ S Motor Vehicles§ 14 et seq
Cross References
Maximum total gross weight load exemption
for tow truck and towed vehicle sec§ 28-1007
>RthSPORTATION § 28-1009.01
Former§ 2&-1009 Kas repealed b) Las 1953, Violations, penalties, see § 2 --1031
Di.265, § 4, effective Apnl 25, 1983 Weight violations, pnma facie evidence, see
Cross References § 28-1031
Maximum total gross weight load, exemption Library References
for tow truck and towed vehicle, see § 2S-1007.
Permits for excess size and weight, gross Automobiles a337.
reight restrictions, see § 28-1011 CJ.S. Motor Vehicles §§ 685, 714
4 26-1009.01. Maximum gross weight of tchicks and load on state and local high- /mk,
wa\'S
A. On all state and local highways in this state except for those interstate system
highways designated by the United States secretary of transportation as required by the
Surface Transportation Assistance Act of 1982,' the total gross weight w ith load imposed
on the highway by any one group of two or more consecutive axles of a vehicle or
combination of vehicles shall not exceed the gross weight given for the respects.e
distance between the first and last axle of the group of axles measured longitudinally to
the nearest foot as set forth in the following table
Distance In Feet
Between First And Allowed Load In Pounds
Last Axles Of Group On Group Of Axles
4 34,000
5 • 34,000
6 34,000
7 34,000
8 42,000
9 42,500
10 43,500
11 44,000
12 50,000
13 50,500
14 51,500
15 52,000
16 52,500
17 53,500
18 54,000
B. On all state and local highways in this state except for those interstate system
highways designated 133 the United States secretary of transportation as required by the
Surface Transportation Assistance Act of 1982, the total gross weight with load imposed
on the highway by any vehicle or combination of vehicles if the distance between the first
and last axles is more than eighteen feet shall not exceed that given for the respective
distances in the following table.
Distance In Feet Allowed Load In Pounds
18 54,000
19 54,500
20 55,500
21 56,000
22 56,500
23 57,500
24 58,000
25 58,500
26 59,500
27 60,000
28 60,500
29 61,500
30 62,000
31 62,500
32 63,500
9A Ariz.Rev.Stets.-7 1 81
1964 P.P LO