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HomeMy WebLinkAboutORD1367ORDINANCE NO. 1367 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA,VOLUME I, IN ITS ENTIRETY AND ADOPTING BY REFERENCE A NEW CODE OF THE CITY OF APACHE JUNCTION, ARIZONA,VOLUME I, CHAPTERS 1 THROUGH 16;MAKING NECESSARY CORRECTIONS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE OF REPEAL;PROVIDING AN EFFECTIVE DATE OF THE NEW CODE; PROVIDING PENALTIES FOR VIOLATION; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and City Council on June 20, 1979 adopted the original Apache Junction City Code, Volume I; and WHEREAS,the Mayor and City Council have since adopted numerous amendments to the originally adopted version of the City Code; and WHEREAS, as a result of the multiple amendments and changes in State and Federal law, some of the existing language is outdated; and WHEREAS, the 2010 revision of the Code of the City of Apache Junction, Volume I, recodifies and reformats the original City Code and corrects clerical and grammatical errors, sentence structure, inconsistencies in format and type style,obsolete references, inserts ordinances adopted without referencing a specific code section,makes necessary corrections and removes outdated and superseded sections; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth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,City staff has determined that for administrative efficiency, it is more appropriate to update the Code of the City of Apache Junction, Volume I, by repealing the original City Code in its entirety and replacing it with an updated 2010 version of the Code of the City of Apache Junction,Volume I,to include ORDINANCE NO. 1367 PAGE 1 OF 4 Chapters 1 through 16. 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. That the existing Apache Junction City Code, Volume I, is hereby repealed. 2. That certain document known as "The Code of the City of Apache Junction, Volume I", three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 10-32 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 MAKING NECESSARY CORRECTIONS That the following corrections be made to Chapter 8 BUSINESS: 1. Article 8-3 PEDDLERS, Section 8-3-1 UNLAWFUL ACTIVITIES: insert Subsection (D) as originally adopted by Ordinance No. 1296 on May 1, 2007; renumber balance of Section to conform. 2. Article 8-5 MASSAGE ESTABLISHMENTS: insert Section 8-5-3 INSPECTION OF PREMISES, Subsections A through D as originally adopted by Ordinance No. 1296 on May 1, 2007; renumber balance of Sections to conform. 3. Article 8-5 MASSAGE ESTABLISHMENTS, Section 8-5-7 SUSPENSION AND REVOCATION OF LICENSE: delete Subsection (E) as originally adopted by Ordinance No. 1296 on May 1, 2007. 4. Article 8-11 SEXUALLY ORIENTED BUSINESS OPERATORS, MANAGERS, ADULT SERVICE PROVIDERS AND EMPLOYEES: insert Section 8-11- 13 APPLICABILITY and Section 8-11-14 SEVERABILITY as originally adopted by Ordinance No. 1296 on May 1, 2007. SECTION III 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. ORDINANCE NO. 1367 PAGE 2 OF 4 SECTION IV 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. SECTION V EFFECTIVE DATE OF REPEAL The effective date of repeal which shall be set forth in Chapter 1, GENERAL, Section 1-1-12 shall be 12:01 a.m. on October 6, 2010. SECTION VI EFFECTIVE DATE OF CODE The effective date of the new code which shall which shall be set forth in Chapter 1 GENERAL, Section 1-1-14 shall be 12:01 a.m. on October 6, 2010. SECTION VII PROVIDING PENALTIES FOR VIOLATION After the City exhausts all of its civil violation procedures as referenced in the adopted regulations,any violation of any provisions adopted herein,shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Volume I, Chapter 1, GENERAL, Article 1-1 GENERAL, Section 1-1-11 PENALTY. SECTION VIII DECLARING AN EMERGENCY The immediate operation of the provision of this ordinance is necessary for the immediate preservation of the public peace, health or safety,and that an emergency is hereby declared to exist; and this ordinance shall be in full force and effect from and after its passage,adoption and approval by mayor and city council of the City of Apache Junction, except as noted in Section VII above. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 5TH DAY OF OCTOBER 2010. SIGNED AND ATTESTED TO THIS 5TH DAY OF ORDINANCE NO. 1367 PAGE 3 OF 4 OCTMAFR , 2010. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1367 PAGE 4 OF 4 APACHE JUNCTION, ARIZONA Instruction Sheet 2010 S-1 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TABLE OF CONTENTS 3,4 3,4 CHAPTER 2:MAYOR, COUNCIL, AND APPOINTED BOARDS AND COMMISSIONS 11,12 11,12 CHAPTER 3:ADMINISTRATION 13,14 13 through 14B 3 through 6 31 through 34 CHAPTER 4:FEES 3 through 6 31 through 34 CHAPTER 9:HEALTH AND SANITATION 27 through 32 27 through 32 CHAPTER 12:TRAFFIC 1 through 14 1 through 20 PARALLEL REFERENCES 3,4 11 through 14 3,4 11 through 14 APACHE JUNCTION, ARIZONA: INSTRUCTION SHEET 2 REMOVE OLD PAGES INSERT NEW PAGES INDEX 21 through 24 21 through 24 RS 7/10 CITY OF APACHE JUNCTION, ARIZONA CITY CODE VOLUME I 2010 S-1 Supplement contains: Local legislation current through Ord.1360, passed 4-6-2010 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 Article APACHE JUNCTION, ARIZONA TABLE OF CONTENTS General VOLUME I CHAPTER 1:GENERAL CHAPTER 2:MAYOR, COUNCIL, AND APPOINTED BOARDS AND COMMISSIONS 2-1.Council 2-2.Mayor 2-3.Council Election 2-4.Council Procedure 2-5.Ordinances, Resolutions and Council Actions 2-6.[Reserved] 2-7.Library Board 2-8.Parks and Recreation Commission 2-9.[Reserved] 2-10. Indemnification of Officers, Employees and Council Members 2-11. Health and Human Services Commission 2-12. [Reserved] 2-13. Financial Disclosure 2-14. Requests for Financial Assistance 2-15. Industrial Development Authority 2-16. Emergency Powers and Authority 2-17. [Reserved] 2-18. [Reserved] 2-19. [Reserved] 2-20. [Reserved] 2-21. Board of Adjustment and ApFeals/Municipal Property Corporation/ Public Safety Personnel Retirement Board 2-22. Planning and Zoning Commission CHAPTER 3:ADMINISTRATION 3-1.City Manager 3-2.Department of City Clerk 3-3.Department of Finance 3-4.[Reserved] 3-5.Department of Public Works 3-6.Department of Public Safety 3-7.Procurement Procedure 3-8.[Reserved] 3-9.Department of Development Services 1 2 Apache Junction - Table of Contents CHAPTER 3:ADMINISTRATION (Cont=d) 3-10. Personnel System 3-11. Department of the Library 3-12. [Reserved] 3-13. Department of Parks and Recreation 3-14. Property Disposition CHAPTER 4:FEES 4-1.Parks and Recreation Fee Schedule 4-2.[Reserved] 4-3.Animal Control Fee Schedule 4-4.Planning, Zoning Review ard Subdivision Fees 4-5.[Reserved] 4-6.Public Works Fee Schedule 4-7.Public Safety Fee Schedule 4-8.Municipal Court Fee Schedule CHAPTER 5:MUNICIPAL COURT 5-1.Municipal Court CHAPTER 6:ANIMALS 6-1.Rules and Regulations 6-2.Impounding Generally 6-3.Dogs 6-4.Contractual Agreement 6-5.Confined Animals 6-6.Keeping of Animals 6-7.Potbellied Pigs 6-8.Keeping of Swine for Special Projects 6-9.Violations CHAPTER 7:BUILDINGS 7-1.Building and Technical Codes 7-2.Requirements for Swimming Pool Enclosures 7-3.Building Security Standards 7-4.Fireplace Restrictions Table of Contents 3 CHAPTER 8:BUSINESS 8-1.General Business and Licensing Provisions 8-2.Specific Licensing and Registration Provisions 8-3.Peddlers 8-4.Auctions, Pawnshops and Second Hand Dealers 8-5.Massage Establishments 8-6.Swap Meet Operations 8-7.Yard Sales 8-8.Licensing Requirements for Special Community and Private Events 8-9.Sales Within Mobile Home Parks, Rv Parks and Mobie Home Subdivisions 8-10. Temporary Food and Beverage Vendors 8-11. Sexually Oriented Business Operators, Managers, Adult Service Providers and Employees 8-12. Non -Prescription Pseudoephedrine Product Sales CHAPTER 9:HEALTH AND SANITATION 9-1.Property Maintenance Standards 9-2.Refuse, Garbage, Debris, Junk, Trash and Litter Removal 9-3.Construction Sites 9-4.Private Recycling Containers 9-5.Collection of Residential Solid Waste 9-6.Collection of Commercial Solid Waste CHAPTER 10:OFFENSES 10-1.Offenses; General 10-2.Sound Amplification Systems in Vehicles 10-3.Unlawful Possession of Firearms by Minor 10-4.Bad Checks 10-5.Public Property Offenses 10-6.Graffiti 10-7.Motorized Skateboards CHAPTER 11:RESERVED CHAPTER 12:TRAFFIC 12-1.Administration 12-2.Traffic Control 12-3.Parking 12-4.Vehicle Weight Restrictions on Public Streets 12-5.Parking Violations, Liability and Enforcement 2010 S-1 4 Apache Junction - Table of Contents CHAPTER 13:PUBLIC WORKS 13-1.General Provisions 13-2.Streets and Sidewalks 13-3.Encroachment Permits CHAPTER 14:CABLE SYSTEMS 14-1.Cable Television CHAPTER 15:PUBLIC PARK REGULATIONS 15-1.Park Regulations CHAPTER 16:SECURITY ALARM SYSTEMS 16-1.Security Alarm Systems PARALLEL REFERENCES References to Arizona Revised Statutes References to Prior Code References to Ordinances INDEX Article CHAPTER 1: GENERAL 1-1.GENERAL I 2 Apache Junction - General ARTICLE 1-1:GENERAL Section 1-1-1 How code designated and cited 1-1-2Construction of ordinances 1-1-3Definitions 1-1-4Additional rules of construction 1-1-5References to this code 1-1-6Conflicting provisions; different chapters 1-1-7Conflicting provisions; same chapter 1-1-8Section headings 1-1-9Effect of repeal 1-1-10Severability of parts of code 1-1-I1Penalty 1-1-12Effective date of repeal 1-1-130rdinances exempt from repeal 1-1-14Effective date of code 1-1-15Number of signatures required 1-1-16Petition filing deadline 1-1-17Duties of the Clerk 1-1-18Responsibilities of the applicant 1-1-I9Election schedule 1-1-20Duties of the Clerk 1-1-21Responsibilities of the applicant 1-1-22Petition applicants and circulators; eligibility 1-1-23 Definition of resident/qualified elector 1-1-1 CITED. HOW CODE DESIGNATED AND (A)The ordinances embraced in the following chapters and sections shall constitute and be designated "The code of the City of Apache Junction, Arizona," and may be so cited. (B)This code may also be cited as the AApache Junction city code.© (Prior Code, Art. 1-1) 3 1-1-2 CONSTRUCTION OF ORDINANCES. The rules and the definitions set forth in this chapter shall be observed in the construction of this code and the ordinances of the city unless that construction would be inconsistent with either the manifest intent of the Council or the context of this code or the ordinances of the city. (Prior Code, Art. 1-2) 1-1-3 DEFINITIONS. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. ACTS BY AGENTS.When an ordinance requires an act to be done which may by law as well be done by an agent as by the principal,those requirements shall be construed to include all such acts when done by an authorized agent. CITY.The City of Apache Junction, Arizona. CLERK.The City Clerk of the City of Apache Junction, Arizona. CODE.The code of the City of Apache Junction, Arizona, unless the context indicates otherwise. COUNCIL.The City Council of the City of Apache Junction, Arizona,including the Mayor and six Councilmembers. 4 Apache Junction - General DAY.The period of time between any midnight and the midnight following. DAYTIME.The period of time between sunrise and sunset.NIGHTTIME is the period of time between sunset and sunrise. DEPARTMENT,BOARD,COMMISSION, OFFICE, OFFICER or EMPLOYEE.Whenever any department,board,commission,office,officer or employee is referred to, it shall mean a department, board, commission, office, officer or employee of the city, unless the context clearly indicates otherwise. GENDER; SINGULAR AND PLURAL Words of the masculine gender include the feminine; words in the singular number include the plural and words in the plural number include the singular. IN THE CITY or WITHIN THE CITY.Includes all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers. MAY.Permissive. MONTH.A calendar month. OATH.Includes affirmation or declaration. OR.In the alternative. PERSON.Extends and shall be applied to firms, corporations or voluntary associations, enterprises, as well as to individuals, unless plainly inapplicable. PERSONAL PROPERTY.Includes every species of property, except real property as defined in this article. PRECEDING, FOLLOWING.Next before and next after, respectively. PROPERTY.Includes real and personal property. REAL PROPERTY.Includes lands, tenements and hereditaments. SHALL Mandatory. SHALL HAVE BEEN.Include past and future cases. SIGNATURE or SUBSCRIPTION BY MARK. Includes a mark when the signer cannot write, such signer=s or subscriber=s name being written near the mark by a witness who writes his or her own name near the signer=s or subscriber=s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when 2 witnesses so sign their own names thereto. THE STATE.The State of Arizona. TENANT or OCCUPANT.Applied to a building or land, including any person holding a written or an oral lease or who occupies the whole or part of that building or land, either alone or with others. TENSES.The present tense includes the past and future tenses, and the future includes the present. TIME;COMPUTATION.The time within which an act is to be done as provided in this code or in any order issued pursuant to any ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is a Saturday, Sunday or a legal holiday it shall be excluded; and when that time is expressed in hours, the whole of Saturday, Sunday or a legal holiday, from midnight to midnight, shall be excluded. TIME; REASONABLE.In all cases where any section of this code shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with the notice. WEEK Consists of 7 consecutive days. WRITING. (1)Includes any form of recorded message capable of comprehension by ordinary visual means. General 5 (2)Whenever any notice, report, statement or record is required or authorized by this code, it shall be written in the English language unless it is expressly provided otherwise. YEAR.A calendar year, except where otherwise provided. (Prior Code, Art. 1-3) Statutory reference: Definitions and construction of statutes generally, see A.R.S " 1-211 through 1-215 ' 1-1-4 ADDITIONAL RULES OF CONSTRUCTION. In addition to the rules of construction specified in Vol. I, "1-1-2 and 11-3, the rules set forth in this article shall be observed in the construction of this code. (Prior Code, '1-4-I) ' 1-1-5 REFERENCES TO THIS CODE. All references to chapters, articles or sections are to the chapters, articles and sections of this code unless otherwise specified. (Prior Code, '1-4-2) ' 1-1-6 CONFLICTING PROVISIONS; DIFFERENT CHAPTERS. If the provisions of different chapters of this code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter. (Prior Code, '1-4-3) ' 1-1-7 CONFLICTING PROVISIONS; SAME CHAPTER. If conflicting provisions are found in different sections of the same chapter, the provisions of the section which is last in numerical order shall prevail unless that construction is inconsistent with the meaning of the chapter. (Prior Code, '1-4-4) '1-1-8 SECTION HEADINGS. Headings of the several sections of this code are intended as a convenience to indicate the contents of the section and do not constitute part of the law. (Prior Code, Art. 1-5) '1-1-9 EFFECT OF REPEAL. (A)When any ordinance repealing a former ordinance, clause or provision, shall be itself repealed, that repeal shall not be construed to revive the former ordinance,clause or provision,unless it shall be expressly so provided. (B)The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. (Prior Code, Art. 1-6) ' 1-1-10 SEVERABILITY OF PARTS OF CODE. It is hereby declared to be the intention of the Council that the sections, divisions, sentences, clauses and phrases of this code shall be severable, and if any provision of this code is held unconstitutional for any reason by a court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining provisions of the code. (Prior Code, Art. 1-7) 1-1-11 PENALTY. (A)Any person found guilty of violating any provision of this code, except as otherwise provided in this code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $2,500 or by imprisonment for a period not 6 Apache Junction - General to exceed 6 months,or by both such fine and imprisonment, and probation of up to 36 months and any community service or community restriction, as the court deems necessary. Each day that a violation continues shall be a separate offense punishable as hereinabove described. (B)Any violation of or failure or refusal to do or perform any act required by Vol.1,Chapter 12, Articles 12-1, 12-2 and 12-3 constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of A.R.S. Title 28, Chapter 6, Articles 20 and 21 and amendments thereto. Any person found guilty of violating any provision of Vol. I, Article 12-4 shall be guilty of a misdemeanor and subject to punishment in accordance with division (A) above. (Prior Code, Art. 1-8) 1-1-12 EFFECTIVE DATE OF REPEAL. All ordinances of the City of Apache Junction except those specially exempted in this article, now in force and effect are hereby repealed effective at 12:01 a.m. on the first day of July, 1979, but all rights, duties and obligations created by the ordinances shall continue and exist in all respects as if this code had not been adopted and enacted. (Prior Code, '1-9-1) '1-1-13 ORDINANCES EXEMPT FROM REPEAL The adoption and enactment of this code shall not be construed to repeal or in any way to affect or modify: (A)Any special ordinance or ordinances regarding franchises,annexations,dedications or zoning; (B)Any ordinance making an appropriation; (C)Any ordinance affecting any bond issue or by which any bond issue may have been authorized; (D)The running of the statute of limitations in force at the time this code becomes effective; (E)The continued existence and operation of any department,agency,commission or office heretofore legally established or held; (F)Any bond of any public officer; (G)Any taxes,fees,assessments or other charges incurred or imposed; or (H)Any ordinances authorizing,ratifying, confirming, approving or accepting any compact or contract with any other municipality,the State of Arizona, or any county or subdivision thereof, or with the United States or any agency or instrumentality thereof. (Prior Code, '1-9-2) 1-1-14 EFFECTIVE DATE OF CODE. Each and every section of this code as herein contained and hereby enacted shall take effect and be in force on and after 12:01 a.m. on July,I,1979, except that where a later effective date is provided it shall prevail. (Prior Code, Art. 1-10) 1-1-15 NUMBER OF SIGNATURES REQUIRED. Fifteen percent of the total number of registered voters qualified to vote in the last preceding municipal election at which a member or members of the Council were elected shall be the basis on which the number of electors of the city required to file an initiative petition shall be computed. (Prior Code, ' 1-11-1) 1-1-16 PETITION FILING DEADLINE. All petitions submitted under this article shall be filed with the Clerk not less than 120 days preceding the date of the election at which the measures so proposed are to be voted upon. (Prior Code,1-11-2) General 7 ' 1-1-17 DUTIES OF THE CLERK. (A)Upon receipt of an application for an initiative petition number as provided by A.R.S. 19-111 and amendments thereto,the Clerk shall assign an official number to the petitions and issue that number to the applicant. (B)The Clerk shall furnish to each applicant an initiative petition form as provided by the Secretary of State=s office and a copy of the text of A.R.S. Title 19 and this article. (C)It is not the responsibility of the Clerk to furnish the applicant with a completed initiative petition form containing the proposed law or measure to be initiated or to provide the text of the proposed law or measure to be initiated. (D)Unless otherwise stated by this code, the duties of the Clerk with regard to initiative petitions shall be the same as prescribed in A.R.S. Title 19 as amended and the Arizona State Constitution. (Prior Code, 'I -11-3) '1-1-18 RESPONSIBILITIES OF THE APPLICANT. It is the responsibility of the applicant for an initiative petition to comply with the procedures for an initiative as prescribed in A.R.S. Title 19, the Arizona State Constitution and this code. (Prior Code, '1-1 1-4) ' 1-1-19 ELECTION SCHEDULE. Initiative and referendum elections shall be scheduled in accordance with A.R.S. Titles 16 and 19 and amendments thereto and the Arizona State Constitution. (Prior Code, 'I -12-1) ' 1-1-20 DUTIES OF THE CLERK. (A)Upon receipt of an application for a referendum petition number as provided by A.R.S. '19-111 and amendments thereto,the Clerk shall assign an official number to the petition and issue that number to the applicant. (B)The Clerk shall furnish to each applicant a copy of the text of A.R.S. Title 19 and a copy of this article. (C)It shall not be the responsibility of the Clerk to furnish the applicant with a completed referendum petition form containing the proposed law or measure to be referred. Upon the request of the applicant, the clerk shall furnish a sample referendum petition form as provided by the Secretary of State=s Office. (D)Unless otherwise stated by this code, the duties of the Clerk with regard to referendum petitions shall be the same as prescribed in A.R.S. Title 19 and amendments thereto,and the Arizona State Constitution. (Prior Code, I 1-12-2) 1-1-21 RESPONSIBILITIES OF THE APPLICANT. It shall be the responsibility of the applicant for a referendum petition to comply with the procedures for a referendum as prescribed in A.R.S. Title 19, the Arizona State Constitution and this code. (Prior Code,1-12-3) '1-1-22 PETITION APPLICANTS AND CIRCULATORS; ELIGIBILITY. (A)Nomination and recall petitions.All applicants for nomination and recall petitions for Mayor and Council shall be residents and a qualified elector of the city. (B)Initiative and referendum petitions.All applicants and circulators of initiative and referendum petitions shall be eligible to be a qualified elector of the State of Arizona. (Prior Code, '1-13-1) 8 Apache Junction - General ' 1-1-23 DEFINITION OF RESIDENT/QUALIFIED ELECTOR. (A)For purposes of this article,the term RESIDENT is defined as an individual having both actual physical presence and intent to remain in the corporate limits of the City of Apache Junction, which may be demonstrated by the following: (1)A valid Arizona Driver=s License or official Arizona Identification Card, showing a current address within the corporate limits of the City of Apache Junction; or (2)Any other valid form of identification showing an address within the corporate limits of the City of Apache Junction, such as, but not limited to any of the following: (a)A change of address card issued by the United States Postal Service; boat; return; (b)Registration of a vehicle, RV or (c)A United States or Arizona tax (d)A lease or rental agreement; (e)A paid utility bill (water, sewer, gas, telephone, cable, sanitation, wastewater); or (f)Financial information from a credit union, bank or other financial institution located within the City of Apache Junction. (B)In order for a political committee to be considered a RESIDENT an officer of the committee must be a RESIDENT as defined herein. (C)For purposes of this article,the term QUALIFIED ELECTOR is defined as a person who has complied with voter registration law pursuant to A.R.S. '16-101. (Prior Code, I 1-13-2) CHAPTER 2: MAYOR, COUNCIL, AND APPOINTED BOARDS AND COMMISSIONS Article 2-1.COUNCIL 2-2.MAYOR 2-3.COUNCIL ELECTION 2-4.COUNCIL PROCEDURE 2-5.ORDINANCES, RESOLUTIONS AND COUNCIL ACTIONS 2-6.(RESERVED] 2-7.LIBRARY BOARD 2-8.PARKS AND RECREATION COMMISSION 2-9.(RESERVED] 2-10. INDEMNIFICATION OF OFFICERS, EMPLOYEES AND COUNCIL MEMBERS 2-11. HEALTH AND HUMAN SERVICES COMMISSION 2-12. [RESERVED] 2-13. FINANCIAL DISCLOSURE 2-14. REQUESTS FOR FINANCIAL ASSISTANCE 2-15. INDUSTRIAL DEVELOPMENT AUTHORITY 2-16. EMERGENCY POWERS AND AUTHORITY 2-17. [RESERVED] 2-18. (RESERVED] 2-19. I RESERVED ] 2-20. (RESERVED] 2-21. BOARD OF ADJUSTMENT AND APPEALS/MUNICIPAL PROPERTY CORPORATION/PUBLIC SAFETY PERSONNEL RETIREMENT BOARD 2-22. PLANNING AND ZONING COMMISSION 1 2 Apache Junction - Mayor, Council, and Appointed Boards and Commissions ARTICLE 2-1:COUNCIL Section 2-1-1 2-1-2 2-1-3 2-1-4 2-1-5 2-1-6 2-1-7 Elected officers Corporate powers Duties of office Vacancies in Council Compensation Oath of office Bond '2-1-1 ELECTED OFFICERS. (A)The elected officers of the city shall be a Mayor and 6 Council members. The Mayor and Council members shall constitute the Council and shall continue in office until assumption of duties of office by their duly elected successors. (B)The term of Office of the Mayor shall be 2 years, but nothing in this section precludes such person from serving as Mayor for more than one 2 -year term after successive elections. (C)Council members shall serve 4 -year overlapping terms as in the case of the office of the Mayor, Council members are not limited to serving only one 4 -year term. (Prior Code, ' 2-1-1) '2-1-2 CORPORATE POWERS. (A) The corporate powers of the city shall be vested in the Council and shall be exercised only as directed or authorized by law. (B)All powers of the Council shall be exercised by ordinance, resolution, order or motion. (Prior Code, ' 2-1-2) 3 ' 2-1-3 DUTIES OF OFFICE. Council members shall assume the duties of office at the regularly scheduled Council meeting next following the date of the general election at which, or effective as of the date of which, the Council members were elected. There shall no more interruption of a term of office even if Council members are elected outright in the primary election.In such case, new members will not take office until the end of the normal term. (Prior Code, ' 2-1-3) 2-1-4 VACANCIES IN COUNCIL. The Council shall fill by appointment for the unexpired term any vacancy that may occur for whatever reason, but such appointee shall only fill the remainder of the term. (Prior Code, ' 2-1-4) ' 2-1-5 COMPENSATION. (A) The salary for the position of Mayor shall be paid at the rate of $1,000 per month. (B)The salary for the position of Vice Mayor shall be paid at the rate of $900 per month. (C)The salary for the position ofCouncil member shall be paid at the rate of $800 per month. (Prior Code, ' 2-1-5) 4 Apache Junction - Mayor, Council, and Appointed Boards and Commissions ' 2-1-6 OATH OF OFFICE. Immediately prior to assumption of the duties of office, the Mayor and each Council member shall, in public, take and subscribe to the oath of office. (Prior Code, ' 2-1-6) ' 2-1-7 BOND. Prior to taking office, every Council member shall execute and file an official bond, enforceable against the principal and his or her sureties, conditioned on the due and faithful performance of his or her official duties, payable to the state and to and for the use and benefit of the city or any person who may be injured or aggrieved by the wrongful act or default of the officer in his or her official capacity. A person so injured or aggrieved may bring suit on the bond under provisions identical to those contained in A.R.S. ' 38-260. Bonds shall be in such sum as shall be provided by resolution and the premium for the bonds shall be paid by the city. Nothing in this section shall preclude the city from obtaining a blanket bond pursuant to the provisions of A.R.S.' 9-302. (Prior Code, ' 2-1-7)