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HomeMy WebLinkAboutORD1333ORDINANCE NO. 1333 AN ORDINANCE .OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AMENDING THE APACHE-JUNCTION CITY CODE CHAPTER 4, FEES, BY ADDING NEW ARTICLE 4-7(N) VEHICLE REMOVAL,IMPOUND, .IMMOBILIZATION, STORAGE AND RELEASE FEE;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.. WHEREAS,A.R.S.§ 28-3513(B)sets forth the authority of cities and towns to establish a fee of $150..00 for administrative costs relating to the removal, immobilization, storage or release of vehicles towed at the direction of law enforcement; and WHEREAS, pursuant to A.R.S. § 28-3513(A), the Apache Junction Police Department has established procedures for immobilization hearings or post storage hearings for the release of properly impounded or immobilized vehicles. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That Apache Junction City Code Chapter 4,FEES,Article 4-7(N), shall read as follows: A $150.00 fee is hereby established for the release of properly immobilized or impounded vehicles and for the administrative costs relating -to vehicle removal, Immobilization,and Impoundment by the request of Apache Junction Police Department representatives. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and part of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 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 portions thereof. ORDINANCE NO. 1333 1 OF 2 SECTION IV DECLARING AN EMERGENCY The immediate operation of the provisions of this Ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency shall be in full force and effect from and after its passage, adoption and approval by the Mayor and Council of the city of:Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, .THIS 20TH DAY OF JANUARY 2009. SIGNED AND ATTESTED TO THIS 20TH• ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 1.13.09 RICHARD J. STERN City Attorney ORDINANCE NO. 1333 2 OF 2 DAY OF JANUARY ,2009. e(A/L!)Adee2LALAJ S. INS CO