A. Violations of the Town Code may be filed under the criminal or civil enforcement procedures below. A person shall not be charged with both a civil and criminal offense for the same violation on the same date, but a subsequent violation against the same property or person may be charged as a civil or criminal citation.
B. A criminal citation is used when the offense is serious and requires immediate action, the alleged violator has ignored previous warnings or notice, has refused to work with the Town toward compliance, or the violation is a repeat of a previous offense. All other violations should be cited as civil violations.
C. Civil complaints shall be filed using either the uniform Arizona Traffic Ticket and Complaint form, or one substantially similar, which shall cite to this ordinance as well as the subsection of the Town Code applicable to the alleged violation. Each subsection of the ordinance cited in the complaint may be deemed a separate offense. Complaints may be sworn to any designee of the Town Manager. The citation shall contain the date and time of the alleged violation and direct the defendant to appear before Town Magistrate at the specified time to enter a plea either admitting or denying the complaint. Citations will be served by personal delivery upon the defendant by a designee of the Town Manager, or by registered mail together with a summons, in the manner set forth in rule 3.4, Rules of Criminal Procedure. The citation will state that if the defendant fails to appear, the Town Magistrate will enter a default judgment against the defendant in favor of the State and impose sanctions not to exceed $250 for each alleged violation. Subpoenas for witnesses shall be prepared and signed at the request of either the defendant or the State, and served by personal service, certified mail, or first-class mail, pursuant to ARS 13-4072, as may be amended.
D. Unless otherwise modified therein, civil enforcement procedures herein shall follow the Arizona Rules of Court for Civil Traffic Violations. The Town Attorney, the Town Attorney’s designee or the Town Prosecutor will present evidence of the charges in the complaint. The defendant may present evidence pro per or through counsel. The defendant will not have a right to a jury trial. If the Town Magistrate finds that the charges are proven by a preponderance of the evidence, judgment shall be entered against the defendant for the State, and sanctions imposed up to $250 per offense. If the Town Magistrate finds the charges not proven, the case shall be dismissed. Any sanction shall be imposed immediately, without setting a sentencing date or probationary period, except that the Town Magistrate may allow the defendant a time to pay the sanction not more than thirty days from the hearing date.
E. The defendant may appeal the decision of the Town Magistrate to the Superior Court, either pursuant to the civil traffic rules or through ARS 12-124.A, as may be amended, is hereby granted.
F. When a violation of this code poses a substantial and immediate threat of serious harm to the health or safety of any person, then the Town may immediately enter the property and take the minimum action necessary to relieve the threat of serious harm. Prior to entering the property, the Town shall obtain:
1. The consent of a person who owns, leases, rents, occupies, controls, or has the right to control the property; or
2. A search warrant or inspection warrant from the Town Magistrate court authorizing the Town to enter the property. The court shall issue such an order only upon a showing that probable cause exists to believe that a violation of this code, which poses a substantial and immediate threat of serious harm to the health or safety of any person, exists on the property.
3. Any person who owns, leases, rents, occupies, controls, or has the right to control the property that is found to be in violation of this Section will be issued a citation for all violations causing the emergency abatement. The Town Magistrate may impose monetary reimbursement orders as justified by the violations. (Ord. 130, 3-25-1997; amd. Res. 2023-01, 3-7-2023)