HomeMy WebLinkAboutORD817ORDINANCE NO.817
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 10 OFFENSES BY DELETING
SECTION 10-1-12(B)AND BY ADDING A NEW ARTICLE 10-2 SOUND AMPLIFICATION SYSTEMS
IN VEHICLES;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That the Apache Junction City Code Chapter 10 OFFENSES be amended by deleting
Section 10-1-12(B)and renumbering the balance of Section 10-1-12 to conform;and
by adding a new Article 10-2 Sound Amplification System in Vehicles to read as
follows:
ARTICLE 10-2 SOUND AMPLIFICATION SYSTEMS IN VEHICLES
Section 10-2-1 Definitions
Section 10-2-2 Limitations on Use
Section 10-2-3 Exceptions
Section 10-2-4 Purpose
Section 10-2-5 Penalty
Section 10-2-1 Definitions
For the purpose of this section,"sound amplification system"means any device,
instrument or system,whether electrical or mechanical or otherwise,for
amplifying sound or for producing or reproducing sound,including but not limited
to any radio stereo, musical instrument,phonograph,or sound or musical recorder
or player.
Section 10-2-2 Limitations on Use
Except as authorized by law,no person shall operate or permit the operation of
any sound amplification system in or on a vehicle which can be heard outside the
vehicle from fifty (50)or more feet or which annoys or disturbs the quiet,
comfort or repose of any person in the vicinity;unless the system is being
operated to request assistance of an emergency nature or to warn of a hazardous
situation.
Section 10-2-3 Exceptions
In addition to other specific exemptions authorized by this code,Section 10-2-2
shall not apply to an authorized emergency vehicle;a vehicle operated by a gas,
electric,communications or water utility company;a vehicle operated by a
governmental entity;or a vehicle used in a parade or in a political or other
special event permitted by the city.
ORDINANCE NO.817
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Section 10-2-4 Purpose
This article is enacted for the purpose of protecting the health,safety and
welfare of the citizens;to avoid distractions of drivers on the streets and to
avoid traffic congestion;and to prohibit artificial sound noises from
interfering with the lawful rights of other persons and from constituting a
hazard to motorists and pedestrians.
Secti ion 10-2-5 Penalty
I t is unlawful for any person to operate or permit the operation of any sound
amplification system in or on a vehicle in violation of this article.Any person
gound guilty of violating any provision of this article shall be punished
pursuant to the provisions of Article 1-8(A)of the Code of the City of Apache
Junction,which by this reference is hereby incorporated as though fully set
forth again in full,save and except that the minimum penalty to be imposed for
each violation of this article shall not be less than a fine of $50.00 together
with any applicable surcharges as may be imposed by law.
SECTION I I 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
I f 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.
SECTION IV EMERGENCY CLAUSE
I t being necessary for the preservation of the peace,health and safety of the
City of Apache Junction,Arizona,that this ordinance become effective
immediately,an emergency is hereby declared to exist and this ordinance shall
be effective immediately upon passage and adoption.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION
THIS 3RD DAY OF DECEMBER ,1991.
SIGNED AND ATTESTED TO THIS 4TH DAY OF DECEMBER ,1991.
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THOMAS DAM IANO
Mayor
ORDINANCE NO.817
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ATTEST:
69 -76 -1L -e-41
KATHLEEN CONNELLY
City Clerk
Api29y,7is
/GLENNI WkliCI
City' Attorney
ORDINANCE NO.817
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