HomeMy WebLinkAboutORD1212ORDINANCE NO.1212
AN ORDINANCE OF,...THt_ MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA : AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 2,
MAYOR AND COUNCIL ;.ARTICLE'2-'.2,,MAYOR,SECTION 2-2-9 PENALTY,CHAPTER
6,ANIMALS 'ARTICLE :6-1%,RULES AND REGULATIONS,SECTION 6-1-11
VIOLATIONS CHOTER:.BUILDING,ARTICLE 7-2,PENALTY;CHAPTER 8,
BUSINESS,ARTICLE 816,TEMPORARY FOOD AND BEVERAGE VENDORS,SECTION 8-
10-11 PENALTY;CHAPTER 8-,BUSINESS,ARTICLE 8-12,SEXUALLY ORIENTED
BUSINESS OPERATORS,MANAGERS,ADULT SERVICES PROVIDERS AND EMPLOYEES,
SECTION 8 712-14 PENALTY;CHAPTER 9,HEALTH AND SANITATION,ARTICLE 9-2,.
ACCUMULATIONS OF LITTER PROHIBITED,SECTION 9-2-12 PENALTIES;CHAPTER
9,HEALTH AND SANITATION,ARTICLE 9-4,COLLECTION OF RESIDENTIAL SOLID
WASTE SECTION 9-4-8 PENALTIES;CHAPTER 10,OFFENSES,ARTICLE 10-1,
OFFENSES -GENERAL,SECTION 10-1-29 (H)TRUANCY;CHAPTER 10,OFFENSES,
ARTICLE 10-2,SOUND AMPLIFICATION SYSTEMS IN VEHICLES,SECTION 10-2-5
PENALTY;CHAPTER 13,PUBLIC WORKS,ARTICLE 13-3,ENCROACHMENT PERMITS,
SECTION 13-3-13 PENALTIES;CHAPTER 16,SECURITY ALARM SYSTEMS,ARTICLE
16-1,SECURITY ALARM SYSTEMS,SECTION 16-1-8 PENALTY;CHAPTER 10,
OFFENSES,ARTICLE 10-1 OFFENSES -GENERAL BY REPEALING SECTION 10-1-29(1)
TRUANCY IN ITS ENTIRETY;REPEALING ANY CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
WHEREAS,A.R.S.§13-707 sets a six month maximum jail sentence for class one
misdemeanor convictions;and
WHEREAS,A.R.S.§13-902 designates up to thirty-six months probation for
class one misdemeanor convictions;and
WHEREAS,A.R.S. ,§13-802 sets a maximum fine in the amount of Two Thousand
Five Hundred Dollars ($2,500.00)for class one misdemeanor convictions,not
including penalties and assessments';and
WHEREAS,Arizona Revised Statutes Annotated ("A.R.S.")§§9-240 and 9-276
allow cities to prescribe penalties for City Code violations;and
WHEREAS,the Apache Junction City Code needs to be amended in order to more
accurately reflect the current minimum class one misdemeanor penalties under state
law.
ORDINANCE NO.1212
PAGE 1 OF 5
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION.ARIZONA,as follows:
SECTION I IN GENERAL
Apache Junction City Code,Chapter 2,Mayor and Council,Article 2-2,Mayor,
Section 2-2-9 Penalty is amended to read as follows:
Any person violating any of the provisions of this chapter,shall be
guilty of a Class One Misdemeanor,and shall be subject to the
penalty and multiple charging provisions set forth in Article 1-8
Penalty of this Code.
Apache Junction City Code,Chapter 7,Building,Article 7-2,Penalty is amended to
read as follows:
Any person violating any of the provisions of this chapter,shall be
guilty of a Class One Misdemeanor,and shall be subject to the
penalty and multiple charging provisions set forth in Article 1-8
Penalty of this Code.
Apache Junction City Code, .Chapter 8,Business,Article 8-10,Temporary Food and
Beverage Vendors,Section 8-10-11 Penalty is amended to read as follows:
Any person violating any of the provisions of this chapter,shall be
guilty of a Class One Misdemeanor,and shall be subject to the
penalty and multiple charging provisions set forth in Article 1-8
Penalty of this Code.
Apache Junction City Code,Chapter 8,Business,Article 8-12,Sexually Oriented
Business Operators,Managers,Adult Services Providers and Employees,Section 8-12-
14(A)Penalty is amended to read as follows:
A.Any person violating any of the provisions of this chapter,
shall be guilty of a Class One Misdemeanor,and shall be
subject to the penalty and multiple charging provisions set
forth in Article 1,-8 Penalty of this Code.
Apache Junction City Code,Chapter 9,Health and Sanitation,Article 9-2.
Accumulations of Litter Prohibited,Section 9-2-12 Penalties is amended to read as
ORDINANCE NO.1212
PAGE 2 OF 5
follbws:
Any person violating any of the provisions of this chapter,shall be
guilty of a Class One Misdemeanor,and shall be subject to the
penalty and multiple charging provisions set forth in Article 1,-8
Penalty of this Code.
Apache Junction City Code,Chapter 9,Health and Sanitation,Article 9-4,
Collection of Residential Solid Waste,Section 9-4-8 Penalties is amended to read
as follows:
'Any person violating any of the provisions of this chapter,shall be
_guilty of a Class One :Misdemeanor,and shall be subject to the
penalty and multiple charging provisions set forth in Article 1-8
Penalty of this Code.
Apache Junction City Code,Chapter: 10,Offenses,Article 10-1,Offenses -General.
Section 10-1-29.(H)is amended to read as follows:
Any person violating any of the provisions of this chapter,
shall be guilty of a Class One Misdemeanor,and shall be
subject to'the .penalty and multiple charging provisions set
forth in Article 1-8 penalty of this Code.
Apache Junction City Code,Chapter 10,Offenses,Article 10-2,Sound Amplification
Systems in Vehicles,Seetion 10-2-5 Penalty is amended to read as follows:
Any person violating any of the provisions of this chapter,shall be
.guilty of a Class One Misdemeahor,and shall be subject to the
penalty .and multiple charging provisions set forth in Article 1-8
Penalty of this Code.
Apache Junction City Code,Chapter 13.Public Works.Article 13-3,Encroachment
Permits,Section 13-3-13 Penalties is amended to read as follows:
Any person violating or failing or refusing to do or perform any act
required or provided for in any of the provisions of this chapter,
shall be guilty of a Class One Misdemeanor,and shall be subject to
the penalty and multiple charging provisions set forth in Article 1-
8 Penalty of this Code.
ORDINANCE NO.1212
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Apache Junction City Code,Chapter 16,Security Alarm Systems,Article 16-1,
Security Alarm Systems,Section 16-1-8 Penalty is amended to read as follows:
Any person violating any of the provisions of this chapter,shall be
guilty .of a Class One Misdemeanor,and shall be subject to the
penalty and multiple charging provisions set forth in Article 1-8
Penalty of this Code.Revocation of a permit shall not be a defense
against prosecution.
Apache Junction City Code,Chapter 10,Offenses.Article 10-1,Offenses-
General,Section 10-1-29(1)Truancy,is repealed in its entirety.
SECTION I I REPEALING 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
I f any section,subsection,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 7TH DAY OF SEPTEMBER 2004.
SIGNED AND ATTESTED TO THIS 7TH DAY OF SEPTEMBER
ATTEST:
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO.1212
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DOUGLAS COL
Mayor
2004.
APPROVED AS TO FORM:
8,00.d+
RICHARD J.STERN
City Attorney
ORDINANCE NO.1212
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