The URL can be used to link to this page

Home My WebLink AboutORD1380ORDINANCE NO. 1380 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE,VOLUME I,CHAPTER 12,TRAFFIC SECTIONS 12-3-8, HANDICAPPED PARKING AND 12-5-7,SCHEDULE OF SANCTIONS; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND PROVIDING'FOR PENALTIES. WHEREAS, on April 6, 2010, the Mayor and City Council adopted comprehensive amendments to Apache Junction City Code ("A.J.C.C."), Volume I, Chapter 12,Traffic;and WHEREAS,staff has indicated that it is experiencing a high number of civil trial settings due to the disabled parking regulations 'being enforced pursuant to A.J.C.C.§12-3-8, Handicapped Parking;and WHEREAS,the minimum civil sanction set forth in A.J.C.C.§ 12-5-7 for parking in a handicapped parking space is $300.00 with no ability for the court to lower the amount, even if a removable placard was displayed but accidentally fell off the vehicle's rear view mirror; and WHERAS,on January 3,2012,staff sought council direction regarding a change in the code that would provide the court the ability to take into consideration legitimate excuses for failure to place the required placard,thereby allowing the $300.00 sanction to b e reduced to no less than $50.00 in qualified circumstances; and WHERAS,council directed staff to make the appropriate changes. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL I.That the Apache Junction City Code, Volume I, Chapter 12, Traffic and Parking,Section 12-3-8,Handicapped Parking,be renamed and amended to read as follows: § 12-3-8 DISABLED PERSON PARKING. (A)No person shall stop, stand or park any vehicle in a parking space set aside and identified for use by persons with physical disabilities only unless the vehicle has a ORDINANCE NO. 1380 PAGE 1 OF 4 license plate which depicts an international wheelchair symbol issued by the Arizona Department of Motor Vehicles pursuant to A.R.S. § 28-2409, as amended, or has a removable windshield placard displayed on the front rearview mirror which depicus the international wheelchair symbol as issued by the Arizona Department of Motor Vehicles 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 City Engineer located on public or private .property. II.That Apache Junction City Code, Volume I, Chapter 12, Traffic and Parking,Section 12-5-7,Schedule of Sanctions, be amended to read as follows: § 12-5-7 SCHEDULE OF SANCTIONS. (A)The sanctions listed in the following schedule are the minimum sanctions that may be imposed by the Apache Junction Municipal Court or other court, should the case be transferred thereto, for violations of the articles of the city code listed below, except that in cases involving violations of Apache Junction City Code, Volume I, § 12-3- 8, the court may, on the first issuance of a citation, reduce the minimum sanction to $50.00 upon being shown proof or otherwise reasonably believing that the violator had a removable windshield placard but either forgot to place it or it fell out of sight of the enforcing officer. (B)Any person violating any of the provisions of this code other than those specified in the following schedule shall be liable for the imposition of a civil sanction not to exceed $250.00. City Description Initial Sanction Sanction Code Sanction When Paid When Section When Within 8 Unpaid Paid - 30 After 30 Within 7 Calendar Calendar Calendar Days Days Days 12-3-1 Parking more than 18 $30.00 $60.00 $120.00 inches from curb. 12-3-Blocking traffic.$30.00 $60.00 $120.00 2(A)_ ORDINANCE NO. 1380 PAGE 2 OF 4 12-3-Blocking a public or $50.00 $100.00 $200.00 2(B)private driveway or_entrance to an alley. 12-3-Parking where $50.00 $100.00 $200.00 2(C)prohibited or_restricted by official signs. 12-3-3 Parking adjacent to $30.00 $60.00 $120.00 schools where prohibited by signs. 12-3-4 Parking contrary to $30.00 $60.00 $120.00 posted angle, 1 -way or prohibited/restricted parking signs. 12-3-5 . Parking on a . $50.00 $100.00 $200.00 sidewalk, or 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 $300.00 $400.00 $500.00 reserved for the physically disabled. 12-3-9 Parking over -sized $50.00 $100.00 $200.00 vehicles in residential areas. 12-3-10 Parking an unattended $50.00 $100.00 $200.00 vehicle on a roadway. 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. ORDINANCE NO. 1380 PAGE 3 OF 4 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 i s for any reason held to b e invalid or unconstitutional b y the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof.• 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 code. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS -3RD DAY OF APRIL 2012. SIGNED AND ATTESTED TO THIS 16TH DAY OF APRIL KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c:‘ RICHARD J. STERN City Attorney ORDINANCE NO. 1380 PAGE 4 OF 4 RN S. INSALACO Mayor , 2012.