HomeMy WebLinkAboutORD1512 ORDINANCE NO. 1512
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME I, BY REPEALING CHAPTER 5: MUNICIPAL
COURT, IN ITS ENTIRETY AND ADOPTING BY REFERENCE A NEW
CHAPTER 5: MUNICIPAL COURT SET FORTH IN THAT CERTAIN
DOCUMENT FILED WITH THE CITY CLERK AND TITLED "2021
AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I,
CHAPTER 5: MUNICIPAL COURT"; REPEALING ANY CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES.
WHEREAS, Chapter 5 of the Apache Junction City Code
("A.J.C.C.") , Volume 1 relating to municipal court operations was
last updated by Ordinance No. 1466 on November 20, 2018; and
WHEREAS, since that time, there has been a change of
personnel in the municipal court, most importantly, the presiding
magistrate himself; and
WHEREAS, the presiding magistrate desires to add to his staff
a part-time associate magistrate and a judicial assistant through
a council appointment process; and
WHEREAS, the current language of the code does not enable the
presiding magistrate to make such appointment recommendations to
the council; and
WHEREAS, the code can be changed to accommodate these
personnel additions; and
WHEREAS, such modifications to the code were presented to
the council during a new business discussion item on September 7,
2021 and at a public hearing on September 21, 2021; 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 one
paper copy of the code changes or public record are filed in the
office of the clerk of the municipality and an electronic copy is
accessible on the city' s website and made available for public
inspection; and
WHEREAS, pursuant to A.R.S. §§ 9-801 (1) and 9-802, codes
which may be adopted by reference include those relating to
municipal court operations; and
WHEREAS, city staff has determined that for administrative
efficiency, it is more appropriate to update the city code by
ORDINANCE NO. 1512
PAGE 1 OF 3
repealing the current version of Chapter 5 of Apache Junction
City Code Volume 1 in its entirety and replacing it with an
updated version.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1. That existing Apache Junction City Code, Volume 1, Chapter
5: Municipal Court, is hereby repealed in its entirety.
2. That certain document known as "2021 Amendments to the
Apache Junction City Code, Volume 1, Chapter 5: Municipal
Court", one paper copy and one electronic copy which are
accessible on the city's website and filed in the office of
the city clerk, which document was made a public record by
Resolution . No . 21-41 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 PROVISIONS
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.
SECTION IV PROVIDING FOR PENALTIES
Unless noted otherwise, any violation of any provisions adopted
herein, shall be punishable as a Class 1 Misdemeanor consistent
with Apache Junction City Code, Volume 1, Chapter 1 : General,
Article 1-8: Penalty.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS � DAY OF 2021 .
SIGNED AND ATTESTED TO THIS oZr DAY OF 2021.
ORDINANCE NO. 1512
PAGE 2 OF 3
Mayor
ATTEST:
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s
APOROVED AS TO FORM:
i.' """ Attorney
AGE 3 OF