ADOPTING ORDINANCES

ORDINANCE NO. 2681

An Ordinance Adopting and Enacting a Codification and Revision of the Ordinances of the City of Tucson, Arizona; Establishing the Same Providing for the Repeal of Certain Ordinances Not Included Therein Except as Expressly Provided; Providing for Amendments to Such Code; Providing a Penalty; and Providing an Effective Date. 

Be It Ordained by the Mayor and Council of the City of Tucson, Arizona, as follows: 

Section 1. That this Ordinance, consisting of chapters 1 to 28, each inclusive, is hereby adopted and enacted as the "Tucson Code" and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances duly enacted on or before June 15, 1964, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose.

Section 2. That all provisions of said Code shall be in full force and effect on and after January 20, 1965, and all ordinances of a general and permanent nature of the City of Tucson enacted on or before June 15, 1964, and not in such Code or recognized or continued in force by reference therein are hereby repealed from and after the effective date of this Ordinance, except as hereinafter provided.

Section 3. That the repeal provided for in section 2 hereof shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract, right or obligation established or accruing before the effective date of this Ordinance; nor shall such repeal affect any ordinance:

   (1)   Promising or guaranteeing the payment of money by or to the city;

   (2)   Authorizing the issuance or execution of any bonds or other evidence of indebtedness, or any contract or obligation assumed or incurred by the city;

   (3)   Providing for the internal administration or management of city government, not inconsistent with said Code;

   (4)   Granting any right of franchise to any person, firm or corporation;

   (5)   Accepting, abandoning, vacating, naming, renaming, locating, relocating, establishing, opening, paving, widening or improving any street, sidewalks, alley, easement or public way;

   (6)   Making appropriations;

   (7)   Levying taxes or special assessments;

   (8)   Providing for local improvements;

   (9)   Relating to zoning;

   (10)   Establishing salaries or other compensation for city officers or employees;

   (11)   Establishing, extending, contracting or otherwise affecting the boundaries of the city;

   (12)   Calling an election;

   (13)   Relating to the position classification plan of the city for creating, abolishing, fixing the duties for or establishing the compensation for any employment of the city, not inconsistent with this Code;

   (14)   Amending the building, plumbing, gas, electrical, mechanical or fire prevention code of the city;

   (15)   Regulating traffic or parking at special locations or on specific street or portions of streets;

   (16)   Amending the Charter of the city.

Nor shall such repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this Ordinance.

Section 4. That any and all additions or amendments to such Code, when passed in such form as to indicate the intention to make the same a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Tucson Code" shall be understood and intended to include such additions and amendments.

Section 5. That a copy of such Code shall be kept on file in the office of the city clerk. It shall be the express duty of the city clerk, or someone authorized by the city clerk, to insert in their proper places all amendments or ordinances which indicate the intention to make the same a part of such Code, when the same have been printed or reprinted in page from, and to extract from such Code all provisions which may be from time to time repealed. This copy of such Code shall be available for all persons desiring to examine the same during regular business hours and shall be considered the official Code of the city.

Section 6. Wherever in such Code or any ordinance of the city any act is prohibited or is made or declared to be unlawful or a misdemeanor, when no specific penalty is provided therefor, the violation of any such provisions of this Code or ordinance of the city may be punishable by a fine not to exceed three hundred dollars or by imprisonment in the city jail not to exceed six months, or by both such fine and imprisonment. Every day any violation of this Code or any such ordinance shall continue shall constitute a separate offense.

Section 7. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or circumstance; and to this end the provisions of this Ordinance are severable.

Section 9. Emergency. WHEREAS, it is necessary for the preservation of the peace, health and safety of the City of Tucson that this Ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption.

PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Tucson, Arizona, October 19, 1964.

(SEAL)

Lew Davis

____________________

MAYOR

ATTEST:

Mary Fields

____________________

CITY CLERK

APPROVED AS TO FORM:

REVIEWED BY:

Calvin Webster

Mark E. Keane

CITY ATTORNEY

CITY MANAGER

CERTIFICATE OF CLERK

I, Mary Fields, the duly appointed, qualified and acting City Clerk of the City of Tucson, Arizona, do hereby certify that the foregoing is a true, correct, and compared copy of Ordinance No. 2681, which was passed and adopted by the Mayor and Council of the City of Tucson, Arizona, at a meeting held on the 19th day of October, 1964, at which a quorum was present, by the affirmative vote of not less than five-sixths of the Council, taken by ayes and noes.

Witness my hand and the seal of the City of Tucson, Arizona, this 20th day of October, 1964.

(SEAL)

Mary Fields

CITY CLERK