HomeMy WebLinkAboutORD950ORDINANCE NO.950
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 ADDING ARTICLE 10-3,PUBLIC PROPERTY OFFENSES;REPEALING
ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That Chapter 10 of the Apache Junction City Code be amended by adding Article 10-
3,Public Property Offenses,to read as follows:
Article 10-3 PUBLIC PROPERTY OFFENSES
10-3-1 Definitions
10-3-2 Public Property -Restrictions
10-3-3 Other Restrictions
10-3-4 Trees and Shrubs in Public Places
10-3-5 Birds and Animals -Protection
10-3-6 Buildings Prohibited
10-3-7 Camping Prohibited
Section 10-3-1 Definitions
In this article,unless the context otherwise required:
A."Public Works Director"means the Director of Public Works of the
City of Apache Junction or any employee authorized by the Director
of Public Works to take action under this article.
B."Publicly owned property"means any property owned by the City of
Apache Junction or owned by any county,municipal corporation,
district,political subdivision or agency of the State of Arizona,
the State of Arizona,the United States,or any subdivision or
agency of the United States.
C."To camp"means to set up or to remain in or at a campsite.
D."Campsite" means any place where any bedding,sleeping bag or other
sleeping matter is placed,established or maintained, whether or not
such place incorporates the use of any tent,lean-to,shack or other
structure,or any vehicle or part thereof.
ORDINANCE NO.950
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Section 10-3-2 Public Property -Restrictions
I t is unlawful for any person to do any of the following acts upon any
public street,highway,alley,public place,or any other publicly owned
property regardless of the purpose for which such property was dedicated,
acquired or purchased,without consent of the City Council:
a.Take possession of any said property in any manner;
b.Occupy and remain upon said property;
c.Continue to live upon any of the aforementioned property after
having been notified by any police officer or employee of the
City to vacate such premises;
d.Build any structure of any kind upon any of said property;
e.Fence in or cultivate any of said property.This paragraph
shall not be interpreted to prohibit any person who owns or is
lawfully maintaining any land fronting on a street from
maintaining a lawn,garden,trees or other foliage on the part
of the street right-of-way that is not paved.Such land is
customarily maintained by the owner of,or person maintaining,
the lot fronting on such land:
f.Dump boxes,trash,litter,paper,refuse matter,tin cans,or
garbage on any of the said property;
g.Drive any vehicle of any kind upon or cross any of the said
property, except where the streets,highways, alleys,roadways
or driveways have been properly laid out and open to the
public.
Section 10-3-3 Other Restrictions
No person shall maliciously or willfully deface,injure,destroy,besmear
or bedaub any publicly owned building,sidewalk,street,pavement,
curbing,water or sewer line or other publicly owned property.
Section 10-3-4 Trees and Shrubs in Public Places
No person shall maliciously or willfully cut down,injure or destroy in
any manner,any tree,shrubbery or flower,planted or growing in or on any
street,park,alley or public grounds.This paragraph shall not be
interpreted to prohibit any person who owns or is lawfully maintaining any
land fronting on a street from maintaining a lawn,garden,trees or other
foliage on the part of the street right-of-way that is not paved.Such
land is customarily maintained by the owner of,or person maintaining,the
lot fronting on such land.
ORDINANCE NO.950
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No person shall cut down any tree in any street right-of-way or parkway
without permission of the Public Works Director.
Section 10-3-5 Birds and Animals -Protection
No person shall kill,wound,maim,injure or harm in any manner any bird
or animal;or throw,fire or shoot any gun,pistol or other deadly weapon,
or any stone,arrow or other missile at such bird or animal;or break,
tear down or destroy any bird's nest or eggs or other contents of their
nests on any publicly owned property.
Section 10-3-6 Buildings Prohibited
I t shall be unlawful for any person to maintain,erect,or permit the
erection of any building,hut,hotel,shanty,tent or other structure
under his control on any street,sidewalk,alley,right-of-way,or other
publicly owned property.This section shall not prohibit the erection or
installation of any tent or temporary structure where authorized by a
permit issued by the City of Apache Junction.
Section 10-3-7 Camping Prohibited
I t is unlawful for any person to camp in or upon any city sidewalk,
street,alley,lane,park,public right-of-way or other place to which the
general public has access,or under any bridgeway or viaduct,unless
otherwise specifically authorized by this code or by declaration by the
mayor in emergency circumstances.This shall not be deemed to prohibit
camping at designated campsites.No person shall be convicted of
violating this section unless such person shall continue to camp after
receiving a warning to leave and given a reasonable period of time,not to
exceed twenty-four (24)hours,to leave.Such warning shall be given by
a peace officer or by any city employee or officer.
SECTION I I REPEALING OF CONFLICTING ORDINANCES
All ordinances and parts of ordinances and/or provisions of the Apache Junction
City Code which are in conflict with the provisions of this ordinance are hereby
repealed.
SECTION III PROVIDING FOR SEVERABILITY
I f any section,sub -section,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
portion thereof.
ORDINANCE NO.950
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PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 2nd DAY OF APRIL ,1996.
SIGNED AND ATTESTED TO THIS 2nd DAY OF APRIL ,1996.
DOUGLAS
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS,TO FORM:
LENWJ GIMBUT
City/Attorney //
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ORDINANCE NO.950
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LEMAN