ADOPTING ORDINANCES

ORDINANCE NO. 21-09

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF QUARTZSITE, ARIZONA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE TOWN DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES; DECLARING THE DOCUMENT ENTITLED "CODE OF ORDINANCES OF THE TOWN OF QUARTZSITE, ARIZONA" AS A PUBLIC RECORD; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES. AND DECLARING AN EMERGENCY.

WHEREAS, the present general and permanent ordinances of the Town of Quartzsite ("Town") are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

WHEREAS, the Acts of the Legislature of the State of Arizona empower and authorize the Town to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

WHEREAS, the Common Council of the Town of Quartzsite has authorized a general compilation, revision and codification of the ordinances of the Town of a general and permanent nature and publication of such ordinance in book form; and

WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that an emergency be declared and this ordinance take effect at an early date.

NOW, THEREFORE, BE IT ORDAINED by the Common Council of the Town of Quartzsite, Arizona:

Section 1.   That certain document entitled the "Code of Ordinances of the Town of Quartzsite, Arizona," three copies of which are to remain on file in the office of the Town Clerk, is hereby declared to be a public record and said copies are to remain on file with the Town Clerk.

Section 2.   The general ordinances of the Town as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the Town of Quartzsite, Arizona."

Section 3.   Such Code of Ordinances as adopted in Section 2 shall consist of the following Titles:

   QUARTZSITE, ARIZONA CODE OF ORDINANCES

   TABLE OF CONTENTS

      Chapter

   TITLE I: GENERAL PROVISIONS

      10.   Rules of Construction; General Penalty

   TITLE III: ADMINISTRATION

      30.   Mayor and Council

      31.   Officers, Employees and Organizations

      32.   Legislation

      33.   Municipal Court

      34.   Emergencies and Disasters

      35.   Procurement Code

      36.   Tax Code

   TITLE V: PUBLIC WORKS

      50.   Water

      51.   Sewers

      52.   Wastewater Treatment, Discharge and Requirements

      53.   Backflow Control Program

   TITLE VII: TRAFFIC CODE

      70.   Administration and Enforcement

      71.   Traffic Regulations

      72.   Parking Rules

      73.   Trucks

      74.   Traffic and Parking Schedules

   TITLE IX: GENERAL REGULATIONS

      90.   Animal Control

      91.   Health and Sanitation

      92.   Public Nuisance Abatement

      93.   Fire Prevention and Protection

      94.   Abandoned Vehicles

      95.   Abandoned, Lost or Stolen Personal Property

      96.   Parks and Recreation; Cemeteries

   TITLE XI: BUSINESS REGULATIONS

      110.   Business License Code

      111.   Vendors

      112.   Automated Kiosks

      113.   Sexually-Oriented Business

      114.   Short-Term Rentals

      115.   Cable Communications

      116.   Telecommunications Services

      117.   Video Services

   TITLE XIII: GENERAL OFFENSES

      130.   General Offenses

   TITLE XV: LAND USAGE

      150.   Building Regulations; Construction

      151.   Street Numbering

      152.   Rights-of-Way

      153.   Floodplain Management

      154.   Subdivisions

      155.   Zoning

   PARALLEL REFERENCES

   References to Arizona Revised Statutes

   References to Prior Code

   References to Resolutions

   References to Ordinances

   INDEX

Section 4.   Providing For Repeal of Conflicting Ordinances.

      All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

Section 5.   Such Code shall be deemed published as of the day of its adoption and approval by the Town Council and the Town Clerk is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk.

Section 6.   Such Code shall be in full force and effect as provided in Section 9, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

Section 7.   Providing For Severability

      If any section, subsection, sentence, clause, phrase 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 8.   Providing for Penalties.

   Chapter 10.99 - PENALTY

      (A)   (1)   Any person found guilty of violating any provision of this chapter shall be guilty of a Class 1 misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $2,500 or by imprisonment for a period not to exceed six months, or both such fine and imprisonment.

         (2)   Each day that a violation continues shall be a separate offense punishable as herein described.

      (B)   Any violation of or failure or refusal to do or perform any act required by Title VII or Chapter 94 of this code of ordinances constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of A.R.S. Title 28, Ch. 6 Art. 20 and 21, and amendments thereto.

   Chapter 35.99 PENALTY - Any person found guilty of violating any provision of this    chapter shall be guilty of a Class 1 misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $2,500 or by imprisonment for a period not to exceed six months, or both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein described.

   Chapter 92.99 PENALTY - Unless a penalty, remedy or sanction is otherwise specified    in this chapter, the penalty for a violation of this chapter shall be as follows:

      1.   The remedies herein are cumulative, and the town may proceed under one (1) or more such remedies.

      2.   Any owner or responsible party who commits, causes, permits, facilitates, or aids or abets any violation of any provision of this chapter or who fails to perform any act or duty required by this chapter is responsible for a civil infraction and is subject to a civil sanction of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00).

      3.   Any owner or responsible party who commits, causes, permits, facilitates, or aids or abets any violation of any provision of this chapter or who fails to perform any act or duty required by this chapter is guilty of a class one (1) misdemeanor.

      4.   Each day any violation of any provision of this chapter or the failure to perform any act or duty required by this chapter exists shall constitute a separate violation or offense.

   Chapter 94.99 PENALTY - It is unlawful for any owner, tenant, lessee, occupant or other    person to fail, neglect or refuse to abate the nuisance as provided in this chapter. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter.

   Chapter 96.99 PENALTY

      (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

      (B)   Upon conviction for violation of § 96.22 of this chapter, the sentence to be imposed shall be a fine of not more than $500 or imprisonment for not more than 30 days, or both.

   Chapter 111.99 PENALTY

      (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

      (B)   (1)   Any person or organization vending in the Town without possessing a valid vendor sales permit shall immediately cease and desist and be subject to:

         (a)   First Offense: immediate purchase as possible of a vendor sales permit at the current fee of $50, plus a penalty of $50, for a total amount of $100; purchase of an extension vendor sales permit at the current fee of $15, plus a penalty of $15, for a total amount of $30; purchase of a special event permit at the current fee of $ 15, plus a penalty of $ 15, for a total amount of $30;

         (b)   Second offense: immediate purchase as applicable of a vendor sales permit at the escalated permit and penalty fee of $200; purchase of an extension vendor sales;

         (c)   Escalated: permit at the escalated permit and penalty fee of $60; purchase of a special event vendor sales permit at the escalated permit and penalty fee of $60; and

         (d)   Further offenses: each additional violation thereafter shall result in a doubling escalation of the permit and penalty.

         (2)   At the discretion of the town's Code Enforcement Official, a vendor who fails to immediately purchase a vendor sales permit and pay the applicable permit fee and penalty as set for in division (B)(1) above:

            (a)   The vendor shall immediately cease and desist all vending and business transactions; and

            (b)   A criminal citation shall be issued. Such violation shall be a Class 2 misdemeanor punishable by a fine not exceeding $750 or by imprisonment not to exceed five days, or by both such fine and imprisonment in the decision of the court.

         (3)   If a vendor is found to be doing business without a valid town vendor sales permit or a special event vendor sales permit, the park and swap lot owner or park and swap lot operator is subject to the following:

            (a)   First offense: notice of violation;

            (b)   Second offense: immediate penalty of $50; and

            (c)   Third and further offenses: immediate penalty of $100

   Chapter 112.99 PENALTY

      Each day any violation of any provision of this article continues shall constitute a separate offense, except when the violation is from a bona fide error that occurred, provided that the licensee maintains procedures reasonable adopted to avoid the occurrence of bona fide errors. A violation of this article that is not a bona fide error, whether or not specifically designated as being unlawful, shall be a class 1 misdemeanor and upon conviction shall be punished as provided in §10.99 of the Quartzsite Town Code. For the purposes of this section, "bona fide error" includes clerical, calculation, computer malfunction, programming, and printing errors and other similar errors.

   Chapter 151.99 PENALTY

      Any person found guilty of violating any provision of this chapter, upon conviction thereof, shall be punished by a fine not to exceed $25 per day. Each day a violation continues shall be a separate offense punishable as hereinabove described, but not to exceed four days.

Section 9.   Declaration of Emergency – Effective Date.

      This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality and shall take effect at the earliest date provided by law.

PASSED AND ADOPTED by the Common Council of the Town of Quartzsite this 28th day of September 2021 by the following vote:

AYES: MAYOR SIMPSON, VICE MAYOR WARNER, CM BEARCAT, CM GOLDBERG, CM AMON

NAYES: 0 ABSENT: CM SCHUE, CM CUNNINGHAM

EXCUSED: 0 ABSTAINED: 0

   APPROVED this 28th day of September 2021.

                     Norman Simpson /s/

                     Norman Simpson, Mayor

ATTEST:

Tina Abriani /s/

Tina Abriani, Town Clerk