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HomeMy WebLinkAboutORD1356ORDINANCE NO. 1356 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING VOLUME I OF THE APACHE JUNCTION CITY CODE, BY REPEALING CHAPTER 12,TRAFFIC,IN ITS ENTIRETY; AND ADOPTING BY REFERENCE "2010 AMENDMENTS TO THE APACHE JUNCTION, CITY CODE, VOLUME I, CHAPTER 12, TRAFFIC AND :PARKING"ON FILE WITH THE CITY CLERK; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, the current version of the Apache Junction City Code, Volume I, Chapter 12,Traffic,has not been comprehensively amended since city incorporation in 1978; and WHEREAS, many provisions of Chapter 12 are unenforceable; and WHEREAS, the disabled parking state statutes have also changed since city incorporation but the current Chapter 12 version is not consistent therewith; and WHEREAS, the rules relating to parking of commercial trucks and their loads on city streets also need to be adjusted for enforceability purposes; and WHEREAS, the issuance of parking citations in the city limits is difficult due to antiquated provisions; and WHEREAS, a progressive monetary sanction schedule for parking violations needs to be in place and a civil hearing process for parking citations should be established affording all citation recipients due process of law; and WHEREAS, while state law now allows unarmed police aides to issue parking and standing violations and auxiliary volunteers to issue disabled parking citations, such authority is not set forth in the current city code; and WHEREAS,the designated commercial truck route map in the vehicle weight restrictions of Chapter 12 also needs serious revision to more accurately reflect the City's street circulation system; and WHEREAS,to avoid unnecessary delays and to promote public safety,the decision to place traffic and parking signage and implementation thereof should be collectively vested in the city engineer; and ORDINANCE NO. 1356 PAGE 1 OF 3 WHEREAS, Resolution No. 09-63 declares as a public record the document entitled "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 12,Traffic and Parking";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, pursuant to A.R.S. §§ 9-801(1) and 9-802, it is the intent of the Council to adopt by reference the recommended traffic code and parking amendments. 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. Existing Apache Junction City Code, Volume I, Chapter 12, Traffic,is hereby repealed. 2. That certain document known as the "2010 Amendments to the Apache Junction City Code, Volume I, Chapter 12,Traffic and Parking", three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 09-63 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 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. 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 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. 1356 PAGE 2 OF 3 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 2010 amendments. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS...6TH 'DAY OF APRIL 2010. SIGNED AND ATTESTED TO THIS 6TH DAY OF APRIL , 2010. J&fiN S. INSALACO Mayor LYKATHLEEN CONNELLY City Clerk ,L,PPROVED AS TO FORM: 4:2511"3 -9 2ot o RICHARD J. STERN City Attorney ORDINANCE NO. 1356 PAGE. 3 OF 3 2010 AMENDMENTS TO THE APACHE JUNCTION CITY CODE VOLUME I CHAPTER 12 TRAFFIC AND PARKING . Article 12-1 ADMINISTRATION § 12-1-1 § 12-1-2 § 12-1-3 § 12-1-4 § 12-1-5 Duty of Police Department Records of Traffic Violations Traffic Accident Investigations Traffic Accident Studies Traffic Accident Reports Article 12-2 TRAFFIC CONTROL § 12-2-1 Directing Traffic § 12-2-2 Obedience to Traffic Regulations § 12-2-3 Use of Coasters, Roller Skates and Similar Devices Restricted § 12-2-4 Traffic Control Devices § 12-2-5 Authority to Designate Crosswalks; Establish Safety Zones and Mark Traffic Lanes § 12-2-6 Authority to Place and Obedience to Turning Markers § 12-2-7 Authority to Place and Obedience to Restricted Turn Signs § 12-2-8 Limitations on Turning Around § 12-2-9 One-way Streets and Alleys § 12-2-10 Regulation of Traffic at Intersections § 12-2-11 Drivers to Obey Signs § 12-2-12 Processions § 12-2-13 Speed in Alleys § 12-2-14 Vehicle Door as Traffic Obstruction § 12-2-15 Unnecessary Vehicle Noise Article 12-3 PARKING § 12-3-1 § 12-3-2 § 12-3-3 § 12-3-4 § 12-3-5 § 12-3-6 § 12-3-7 § 12-3-8 § 12-3-9 Method of Parking Blocking Traffic Parking Adjacent to Schools Authority to Erect Signs Restricting Parking Parking Vehicles on Sidewalks Abandoned Vehicles Fire Lanes Disabled Parking Parking Trucks, Trailers and Similar Vehicles in 1. § 12-3-10 § 12-3-11 Residential Areas Unattended Motor Vehicles Authority to Place Parking Restriction Signage Article 12-4 PARKING VIOLATIONS, LIABILITY AND ENFORCEMENT § 12-4-1 Definitions § 12-4-2 Parking Violations and Persons Liable § 12-4-3 Unarmed Police Aides § 12-4-4 Volunteer Parking Enforcement § 12-4-5 Parking Notice Issuance § 12-4-6 Response to Parking Notice § 12-4-7 Schedule of Sanctions § 12-4-8 Penalties Article 12-5 VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS § 12-5-1 Weight Restrictions Within Residential Areas and Other Roads § 12-5-2 Weight Restrictions on Mile Grid Roadways, U.S. Highways and State Routes § 12-5-3 Exemptions § 12-5-4 Weighing of Vehicles § 12-5-5 Unlawful Weight' § 12-5-6 Damage to the Street § 12-5-7 Overweight Permits § 12-5-8 Penalties § 12-5-9 Designated Truck Routes 2 Section 12-1-1 12-1-2 12-1-3 12-1-4 12-1-5 CHAPTER 12 TRAFFIC AND PARKING Article 12-1 ADMINISTRATION Duty of Police Department Records of Traffic Violations Traffic Accident Investigations Traffic Accident Studies Traffic Accident Reports § 12-1-1 Duty of Police Department (A)It shall be the duty of the police department under the direction of the public safety director (hereinafter the "chief of police")to provide for the enforcement of the street traffic regulations of the city and all of the state vehicle laws applicable to street traffic in the city,to make arrests for traffic violations,to investigate accidents and to assist in developing ways and means to improve traffic conditions and to carry out all duties specially imposed upon the police department by this chapter. (B) Any peace officer or duly authorized agent of the city may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any chapter of this code, and to serve a copy of the traffic complaint for any alleged civil or criminal violation of this article. § 12-1-2 Records of Traffic Violations (A)The police department shall keep a record of all violations of the traffic laws of the city or of the state vehicle laws of which any person has been charged consistent with federal and state law. (B)All forms for records of violations and notices shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms. (C) All records and reports shall be open to the public, subject to privacy and confidential considerations set forth in federal and state statutes as interpreted under common law. 3 § 12-1-3 Traffic Accident Investigations It shall be the duty of the police department to investigate traffic accidents and to arrest and assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. § 12-1-4 Traffic Accident Studies Whenever the accidents at any particular location become numerous the city engineer or traffic engineer shall conduct studies of the accidents and determine remedial measures. § 12-1-5 Traffic Accident Reports (A) The police department shall maintain a suitable system of filing traffic accident reports.Accident reports shall be filed by case number. (B) The police department shall receive and properly file all accident reports made to it under applicable law. Article 12-2 TRAFFIC CONTROL Section 12-2-1 Directing Traffic 12-2-2 Obedience to Traffic Regulations 12-2-3 Use of Coasters,Roller Skates and Similar Devices Restricted 12-2-4 Traffic Control Devices 12-2-5 Authority to Designate Crosswalks;Establish Safety Zones and Mark Traffic Lanes 12-2-6 Authority to Place and Obedience to Turning Markers 12-2-7 Authority to Place and Obedience to Restricted Turn Signs 12-2-8 Limitations on Turning Around 12-2-9 One-way Streets and Alleys 12-2-10 Regulation of Traffic at Intersections 12-2-11 Drivers to Obey Signs 12-2-12 Processions 12-2-13 Speed in Alleys 12-2-14 Vehicle Door as Traffic Obstruction 12-2-15 Unnecessary Vehicle Noise 4 § 12-2-1 Directing Traffic Officers and/or auxiliary patrol of the police department are hereby authorized to direct all traffic by voice, hand or signal. § 12-2-2 Obedience to Traffic Regulations No person shall do any act forbidden or fail to perform any act required by this chapter.No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer. § 12-2-3 Use of Coasters,Roller Skates and Similar Devices Restricted No person upon roller skates or riding any coaster, toy vehicle or similar device shall go upon any roadway except while crossing a street on a crosswalk and,when crossing,the person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. § 12-2-4 Traffic Control Devices (A) The public works department, at the direction of the city engineer or traffic engineer,shall place and maintain traffic control devices, signs and signals when, and as required, under the traffic regulations of the city,(and the most current version of the Manual on Uniform Traffic Control Devices),to make effective the provisions of the regulations, and may place and maintain such additional traffic control devices as may be deemed necessary to regulate, guide or warn traffic under the traffic laws of the city or under state law.In public right-of-ways or public easements, the police department will provide enforcement services of these devices. B) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the traffic regulations of the city unless otherwise directed by a police officer,subject to the exceptions granted in this chapter or by state law. § 12-2-5 Authority to Designate Crosswalks, Establish Safety Zones and Mark Traffic Lanes The city engineer or traffic engineer is hereby authorized to: 5 (A) Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where there is particular danger to pedestrians crossing the roadway, and at such other places as may be deemed necessary; (B) Establish safety zones of such kind and character and at such places as may be deemed necessary for the protection of pedestrians; and (C) Mark lanes for traffic on street pavements at such places as may be deemed advisable consistent with the traffic laws of the city. § 12-2-6 Authority to Place and Obedience to Turning Markers (A)The city engineer or traffic engineer is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law. (B) When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by turning vehicles,no driver of a vehicle shall disobey the directions of those indications. § 12-2-7 Authority to Place and Obedience to Restricted Turn Signs (A)(1)The city engineer or traffic engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right,left or u -turn and shall place proper signs at such intersections. (2)The making of such turns may be prohibited between certain hours of any day and permitted at other hours,in which event the same shall be plainly indicated on the signs or such signs may be removed when such turns are permitted. (B) Whenever authorized signs are erected indicating that no right or left or u -turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. 6 § 12-2-8 Limitations on Turning Around The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless the movement can be made in safety and without interfering with other traffic. § 12-2-9 One-way Streets and Alleys (A) The city engineer or traffic engineer shall designate any streets or alleys which are to be limited to one-way traffic. (B)(1) The city engineer or traffic engineer shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless the signs are in place. (2)Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. § 12-2-10 Regulation of Traffic at Intersections (A)The city engineer or traffic engineer shall designate through streets,intersections where stops are required and intersections where vehicles shall yield the right-of-way. (B) The city engineer or traffic engineer shall designate any through street or intersection where vehicles are to stop or yield the right-of-way. (C)The city engineer or traffic engineer shall erect and maintain the appropriate signs at every location where a vehicle must stop or yield the right-of-way. § 12-2-11 Drivers to Obey Signs Whenever traffic signs are erected as provided in this chapter, every driver of a vehicle shall obey those signs unless directed to proceed by a police officer or a traffic control signal. No driver shall drive upon or through any private property such as an oil station,corner or vacant lot or similar property to avoid obedience to any regulation included in this chapter. 7 § 12-2-12 Processions (A) No procession or parade, except funeral processions, shall be held without first securing a permit from the police chief, and all such requests for permits shall state the time,place of formation,proposed line of march,destination and other information as the police chief may request. (B) A funeral procession composed of a procession of vehicles shall be identified by such methods as may be determined and designated by the police chief. (C) No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when the vehicles are conspicuously designated. This provision shall not apply at intersections where traffic is controlled by traffic control signals or a police officer. (D) Each driver in a funeral or other procession shall drive as near to the right hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe. § 12-2-13 Speed in Alleys It shall be unlawful for any person to operate a motor vehicle upon or through a public alley or any part thereof at a speed greater than ten (10) miles per hour. § 12-2-14 Vehicle Door as Traffic Obstruction No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle adjacent to moving traffic for a period of time longer than necessary to load or unload passengers. § 12-2-15 Unnecessary Vehicle Noise (A) No person shall intentionally operate any vehicle at such a speed on a curve,straight of way or turn,or accelerate or decelerate such vehicle in such a manner as to create loud and unreasonable noise through the squealing of tires upon the pavement,or to cause damage to the roadway,or to cause the surface of the roadway to be displaced in any manner including throwing dirt,gravel,stone or other roadway surface or material upon the surface into the air. 8 (B)No person shall violate any of the provisions of subsection (A)above while upon the surface of any parking lot or parking space of any public place. Article 12-3 PARKING Section 12-3-1 Method of Parking 12-3-2 Blocking Traffic 12-3-3 Parking Adjacent to Schools 12-3-4 Authority to Erect Signs Restricting Parking 12-3-5 Parking Vehicles on Sidewalks 12-3-6 Abandoned Vehicles 12-3-7 Fire Lanes 12-3-8 Handicapped Parking 12-3-9 Parking Trucks,Trailers and Similar Vehicles in Residential Areas 12-3-10 Unattended Motor Vehicles 12-3-11 Authority to Place Parking Restriction Signage § 12-3-1 Method of Parking Except as otherwise provided herein,every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of the vehicle parallel to and within eighteen (18) inches of the right hand curb. Such vehicle must be positioned such that it is not in opposite to the direction of travel. § 12-3-2 Blocking Traffic (A)No person shall stop,stand or park any vehicle upon a street in the city in such manner or under such conditions as to leave available less than twenty (20)feet of the width of the roadway for the free movement of vehicular traffic,except that a person may stop temporarily,in the actual loading or unloading of passengers or,when necessary,in the observance of traffic signs or signals of a police officer. (B)No person shall park any vehicle within an alley or entrance to a private driveway except for the loading or unloading of materials which must be accomplished without blocking the alley or entrance to the private driveway to the free movement of vehicular traffic. 9 (C)No person shall park any vehicle upon a street or city right-of-way where signs prohibiting parking of vehicles are posted. § 12-3-3 Parking Adjacent to Schools When signs are erected indicating no parking on that side of the street adjacent to any school property,no person shall park a vehicle in any such designated place for one hour before school opens until one hour after school closes' on any school day. § 12-3-4 Angle Parking When signs have been erected requiring parking at an angle to the curb,allowing parking on the left hand curb on one-way streets, notifying drivers that parking is prohibited and restricting parking in any way that may be necessary,it is unlawful for any person to stop or stand a vehicle in disobedience of such parking restrictions. § 12-3-5 Parking Vehicles on Sidewalks No person shall park any vehicle, whether in usable condition or not, upon any sidewalk in the city nor shall a vehicle owner permit his or her vehicle to be parked upon any sidewalk in the city. § 12-3-6 Abandoned Vehicles (A) No person shall abandon any vehicle on public or private property. (B) Evidence that a vehicle was left unattended for a period of forty-eight hours shall be prima facie evidence of abandonment. (C)Members of the police department so authorized by the chief of police may remove or cause to be removed any abandoned vehicle. (D) Upon removal, the abandoned vehicle shall be appraised by a police officer designated by the chief of police and certified to the Arizona Department of Transportation. (E) After the vehicle is appraised,it shall be disposed of pursuant to A.R.S. Title 28, Chapter 8, Article 5, and as amended. 10 § 12-3-7 Fire Lanes (A) No person shall stop, stand or park any vehicle within or upon a designated fire lane, whether on public or private property. (B) Any vehicle stopped, parked or standing within a fire lane may be removed at the expense of the vehicle owner.Removal of a vehicle so in violation may be authorized by a police officer, the Apache Junction fire district chief or his or her representative or the lawful owner or manager of the adjoining property. (C) A fire lane is an area, parking lot, driveway, roadway or portion thereof that shall be: (1)Designated or approved by the Apache Junction fire district chief; (2)Marked with standard signs or other markings as approved or designated by the Apache Junction fire district chief; (3)Maintained clear of obstructions its entire length and width for fire equipment and access. § 12-3-8 Disabled Parking (A)No person shall stop,stand or park any vehicle in a parking space set aside and identified for use only by persons with physical disabilities unless the vehicle has displayed thereon a distinguishing insignia or numbered plates bearing the international wheel chair symbol issued 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. (C)Subsection (A)above shall apply whether such parking space is on public or private property. § 12-3-9 Parking Trucks,Trailers and Similar Vehicles in Residential Areas No person shall stand or park a vehicle with a gross vehicle weight rating ("GVWR")in excess of 10,000 pounds,or a tractor,semi- trailer,trailer or bus on a local or collector street in a residential area, with the following exceptions: 11 (A) The active loading or unloading of such vehicles while in the process of delivering gooas dr service tC-':or within the residential area;• (B) The active loading or unloading of personal baggage within the residential area for a period of,.time no greater than one-half hour; or • (C)A temporary stop for a reasonable period of time no greater than one and one-half hour -by a vehicle owner who is stopping at his or her residence. (D)The occupants of the home have engaged a professional moving company that is moving personal household items into or out of the home, which activity does exceed four hours. § 12-3-10 Unattended Motor Vehicles (A) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key or when standing upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to the curb side of the roadway. (B)Whenever any police officer shall find a motor vehicle standing unattended with the ignition key in the vehicle,such police.officer is authorized to remove the key from such vehicle, secure the vehicle by locking the doors and closing the windows, and to deliver the key to the Apache Junction Police Department, along with an incident report setting forth where the vehicle was located, the plate and VIN number, and other critical information. § 12-3-11 Authority to Place Parking Restriction Signage The public works department shall erect parking restriction signage placing drivers on notice of the types of parking restrictions referred to in this code. Article 12-4 PARKING VIOLATIONS, LIABILITY AND ENFORCEMENT Section 12-4-1 Definitions 12-4-2 Parking Violations and Persons Liable 12-4-3 Unarmed Police Aides 12-4-4 Volunteer Parking Enforcement 12 12-4-5 Parking Notice Iss.uance, 12-4-6 Response to Parking:Notice 12-4-7 Schedule of Sanctions 12-4-8 Penalties § 12-4-1 Definitions (A)"Civil Traffic Violation" 'means any violation of any city ordinance or provision of this code l which .regulates the time, place,or method of parking. Parking violations are civil traffic violations of this code. (B)"Parking"means the standing of a vehicle,whether occupied or not. (C)"Vehicle" means either:(i) a self-propelled vehicle; or (ii)for the purposes of the laws relating to the imposition of a tax on motor vehicle fuel,a vehicle that is operated on, the highways of this state and that is propelled by the use of motor vehicle fuel,including but not limited to motor vehicles,trucks with semi -trailers (i.e. big rigs),RVs,campers,and golf carts but does not include a motorized wheelchair,an electric personal assistive mobility device or a motorized skateboard. § 12-4-2 Parking Violations and Persons Liable (A) Stopping, standing, or parking at all times on any street is prohibited if official signs are erected and in place giving notice thereof that stopping, standing, or parking is prohibited. (B) It is unlawful for a vehicle to be parked in violation of any city ordinance or provision of this code regulating the time, place, or method of parking.Violations of any city ordinance or provision of this code regulating the time,place,or method of parking which are continuous in nature shall constitute a separate and distinct violation for each full hour thereof. (C)Whenever a vehicle is parked in violation of a city ordinance or provision of this code regulating the time, place, or method of parking,the owner or owners of the vehicle,the registered owner or owners of the vehicle,and the person who parked or placed the vehicle where the violation occurred shall be jointly and individually liable for the violation and for the civil sanction prescribed herein. (D) A vehicle parked contrary to or inconsistent with any city ordinance or provision of this code regulating the time, place, or 13 method of parking which provides that "no person" may stop, stand, or park a vehicle at a designated location or contrary to any limitations, restrictions, or other provision regulating the time, place, or method of parking, is deemed to be parked in violation of said ordinance or provision of this code. (E) Whenever a vehicle is parked upon the public right-of-way or other property in violation of this code and the vehicle has previously been the subject of five or more violations of the same parking provision of this code within 4 twelve month period but the civil sanctions prescribed under the Apache Junction City Code for those violations have not been satisfied,then the vehicle shall be deemed to constitute a public nuisance and the owner of the vehicle consents to immobilization,towing, and impoundment of the vehicle.A possessory lien is hereby created and attached to such vehicle for the payment,in cash or its equivalent,of all current and accumulated parking •tickets and for reasonable costs associated with immobilization, towing, and impoundment. § 12-4-3 Unarmed Police Aides As authorized by A.R.S. § 28-627(E), the police chief is authorized to appoint,and when necessary remove,unarmed police aides who shall be employed by the police department and shall be empowered to commence an action or proceeding before a court or judge for any violation of the ordinances of the city -regulating the standing or parking of vehicles.The authority of unarmed police aides is strictly limited to the enforcement of 'ordinances of the city regulating the standing or parking of vehicles, and in no way shall be construed to grant other powers or benefits to which peace officers of this state are entitled. § 12-4-4 Volunteer Parking Enforcement As authorized by A.R.S. § 28-886,-the police chief may establish a volunteer parking enforcement program for Parking for persons with physical disabilities.The police chief or his designated representative is authorized to appoint volunteers to issue citations for violations of Apache Junction city Code §12-3-8 regulating .parking in parking spaces for persons with physical disabilities. § 12-4-5 Parking Notice Issuance (A)In an action involving unlawful parking,a copy of the notice need not be personally served upon the owner or operator of 14 the vehicle but may be served by attaching a copy to the vehicle. • (B)The notice shall, include the -date, time, and location of the violation,the state license number of the vehicle unlawfully parked,reference to the City Code .provision violated,and notice that within seven calendar days from the day on which the notice was issued the sanction for the Violation must be paid and received by the Apache Junction Municipal -Court or a request made and received by the Apache Junction Municipal Court for a hearing to contest the alleged violation.'The. notice shall also list the additional sanctions applied (from eight to thirty days and after thirty days) in which the citation -remains unpaid. (C) The notice, or copy thereof, shall constitute prima facie evidence of the parking infraction. § 12-4-6 Response to Parking Notice Within seven calendar days from the day on which the notice was issued,the person or persons liable for the parking violation shall respond to the notice by one of the following methods: (1)By appearing in person, by representation, or by mail to the Apache Junction Municipal Court within said seven calendar day period,admitting responsibility for the violation and paying the civil sanction prescribed for the violation.The phrase "by representation"noted in this subsection and in subsection (2) below means a person who is actively licensed in the State of Arizona as an attorney in good standing with the Arizona State Bar and who has agreed to advocate for the person or •persons liable for the parking violation. (2)By contacting the Apache Junction Municipal Court in person, by representation, by telephone, by mail within said seven calendar day period and requesting a hearing to contest the alleged violation.The hearing officer at this hearing may accept the defendant's explanation and dismiss the notice of violation or shall inform the defendant that the civil sanction must be paid or a request must be made for a civil traffic hearing to contest the alleged violation. (3)A request for a hearing or payment of the civil sanction will be considered received by the city if it is actually delivered to the Apache Junction Municipal Court or postmarked within seven calendar days after the date the notice of violation was issued.A request for a hearing made by telephone will be considered received the day it is made if it is received by an Apache Junction municipal court employee between the hours of eight A.M. and five 15 P.M. of any day, except on Saturday, Sunday, or a city holiday. § 12-4-7 Schedule of Sanctions The sanctions listed in the following schedule are the minimum sanctions that may be imposed for violations ot the sections of the city code listed therein.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 two hundred fifty dollars ($250). SCHEDULE OF SANCTIONS City Description Initial Sanction Sanction Ordinance Sanction when when when paid unpaid paid within after 30 within 7 8-30 calendar calendar calendar days days days 12-3-1 Parking more than 18 inches 30.00 60.00 120.00 from curb. 12-3-2(A)Blocking traffic.30.00 60.00 120.00 12-3-2(B)Blocking a public or 50.00 100.00 200.00 private driveway or entrance to an alley. 12-3-2(C)Parking where prohibited or 50.00 100.00 200.00 restricted by official signs. 12-3-3 Parking adjacent to schools.'30.00 60.00 120.00 where prohibited by signs. 12-3-4 Parking contrary to posted 30.00 60.00 120.00 angle, one-way, or prohibited/restricted parking signs. 12-3-5 Parking on a sidewalk, or 50.00 100.00 200.00 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 reserved 300.00 400.00 500.00 for the physically disabled. 16 12-3-9 Parking over -sized vehicles 50.00 100.00 200.00 in residential areas.'• 12-3-10 Parking an unattended-50.00 100.00 200.00 vehicle on a roadway. Article 12-5 VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS Section 12-5-1 Weight Restrictions Within Residential Areas and Other Roads 12-5-2 Weight Restrictions on Mile Grid Roadways, U.S. Highways and State Routes 12-5-3 Exemptions 12-5-4 Weighing of Vehicles 12-5-5 Unlawful Weight 12-5-6 Damage to the Street 12-5-7 Overweight Permits 12-5-8 Penalties 12-5-9 Truck Routes § 12-5-1 Weight Restrictions Within Residential Areas and Other Roads It is unlawful for any person, partnership, association, company or corporation to: (A)Operate a vehicle with a gross vehicle weight rating ("GVWR")in excess of 10,000 pounds on the public streets in any residential area and other roads within the corporate limits of the city, except roads as indicated in § 12-5-2 below; or (B) Use the vehicles on the public streets in any residential area to access private property except for the purpose of parking within the restrictions of § 12-3-9 above. § 12-5-2 Weight Restrictions on Mile Grid Roadways, U.S. Highways and State Routes (A) The total gross vehicle weight and total gross axle weight of any motor 'vehicle truck or trailer, including the load thereon, driven only on designated truck routes as shown in section 12-5-9, 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 at -weights applicable to highways under the jurisdiction of 17 the state by A.R.S.§§ 28-1099 and 28-1100 in effect on the date this section becomes effective or as from time to time subsequently amended. (B)(1) The state statutory tables and *provisions are hereby made a part of this section in their entirety as though fully set forth herein. (2) 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 in this article. § 12-5-3 Exemptions Vehicles involved in the pickup or delivery of goods or services, or vehicles receiving services,vehicles owned by a public or private utility while necessarily in use in the construction 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, pickups and recreational vehicles shall be exempt from the provisions of § 12-5-1 above unless otherwise specified. § 12-5-4 Weighing of Vehicles Any police or peace officer employed in the State of Arizona, having reason to believe that the weight of a vehicle and load does not conform to the provisions of this code,is authorized to require the driver to stop and submit to a weighing of the same by means of either portable or stationary scales and may require that the vehicle be driven to the nearest public scales in the event the scales are within two (2) miles. § 12-5-5 Unlawful Weight (A)When an officer,upon weighing a vehicle and load as provided in § 12-5-4 above,determines thatthe weight does not conform to the provisions of this article, 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 under this article. (B) All material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator. 18 5 12-5-6 .Damage to the Street (A) Any person driving any vehicle, object or contrivance upon any street,highway or highway structure -shall be liable for all damage which the street,highway or structure 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 in this article, 'evenif authorized by a special permit issued as provided in A.R.S. §§ 28-1103 or 28-1144. (B) When the driver is not the owner of the vehicle, object or contrivance, but is so operating, driving or moving the same with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage. 5 12-5-7 Overweight Permits The public works director or his or her designee, upon application in 1/oTiting 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.Appeals shall be directed to the city manager within five (5)calendar days and the city manager shall have three (3) business days to decide the appeal, with such decision being final and binding. 5 12-5-8 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 set forth in the following table: 1,0001 to 1,250 pounds in excess $100 1,251 to 1,500 pounds in excess $200 1,501 to 2,000 pounds in excess $300 2,001 to 2,500 pounds in excess $400 2,501 to 3,000 pounds in excess $500 3,001 to 3,500 pounds in excess $840 3,501 to 4,000 pounds in excess $980 4,001 to 4,500 pounds in excess $1,120 4,501 to 4,750 pounds in excess $1,260 4,751 to 5,000 pounds in excess $1,400 Over 5,001 pounds in excess $1,400 plus an additional $100 for each 1,000 pounds of excess weight 19 (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 or she 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. § 12-5-9 Designated Truck Routes Set forth below is the City of Apache Junction's designated Truck Route map referred to in Section 12-5-2. 20 DESIGNATED TR.UCK ROI= :114P CITY OF APACHE JUNCTION .k)I<F,LI.3P5 ROADi > V !I '0 I . /1 11718L9•105: i "I;= L..0s7 ouTCHNIA).V i 4 17 16 /11 (15 1 I • I SUPER :0% ELVB L_mammal sus..L_ r I „I y PACHE 111r:11.1 I 21 I I 1pRoApv.)Av A')E j i 11_ I 29 ss "st • RN Avr I..!i•I I LI•---)n -',i 1--i ! 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