HomeMy WebLinkAboutORD1493ORDINANCE NO. 1493
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AMENDING APACHE JUNCTION
CITY CODE,VOLUME I,CHAPTER 10:OFFENSES,ARTICLE 10-
1:OFFENSES; GENERAL,BY REPEALING AND REPLACING IN ITS
ENTIRETY SECTION 10-1-12,NOISE,SUBSECTION (A);
PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES AND
REPEALING ANY CONFLICTING PROVISIONS.
WHEREAS,Arizona Revised Statutes Annotated (hereinafter
"A.R.S.")§§ 9-240 and 9-276 allows cities to enact regulations
regarding noise; and
WHEREAS, on August 3, 2020, council directed staff to change
the language of Apache Junction City Code,Vol.I,Chapter 10:
Offenses,Article 10-1:Offenses;General,Section 10-1-12(A)
regarding the playing of loud music; and
WHEREAS, work sessions on March 16, 2020 and August 3, 2020
as well as public hearings on August 4,2020 and August 18, 2020
were held to discuss the proposed changes to the general noise
regulations of the city, inclusive of § 10-1-12(A).
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,Vol.I, Chapter 10:Offenses,Article
10-1:Offenses;General,Section 10-1-12:Noise,subsection(A),
is hereby amended as follows:
Section 10-1-12(A):
It is hereby declared to be a public nuisance and it is unlawful
for any person,firm or corporation owning or operating or in
control of any restaurant, hotel, dance hall, show,store or any
place of public amusement,entertainment or accommodation,to
play or permit to be played any music or musical instrument or
instruments whether played by individuals,orchestra,radio,
phonograph, music box or other mechanical device, in violation of
the decibel levels set forth in Table 1 of Apache Junction City
Code, Vol. I, Chapter 11:Noise.
SECTION II PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance,or any part of the code or regulation adopted
herein by reference is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction,such decisions shall not affect the validity of the
ORDINANCE NO. 1493
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remaining portions thereof.
SECTION III PROVIDING FOR PENALTIES
Any violation of any provision of this ordinance,or any
provisions adopted herein,shall be punishable with civil and
criminal (class 1 misdemeanor)consequences consistent with
Apache Junction City Code, Vol. I, Chapter 11:Noise,Section 11-
1-9:Penalty.
SECTION IV REPEALING ANY 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.
PASSED AND ADOPTED BY THE MAYORrD CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS K DAY OF aiLij,,,2020.
SIGNED AND ATTESTED TO THIS a DAY OF ( 2 ),42 4 , 2020.
JEFF SE
Mayor
ATTEST:
'JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
c i g 2 -1320
R. JOEL STERN
City Attorney
ORDINANCE NO. 1493
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