CHAPTER 1

GENERAL

Article 1-1

HOW CODE DESIGNATED AND CITED

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the Town of Camp Verde, Arizona," and may be so cited. Such code may also be cited as the "Camp Verde Town Code."

Article 1-2

CONSTRUCTION OF ORDINANCES

The rules and the definitions set forth in this chapter shall be observed in the construction of this code and the ordinances of the Town unless such construction would be inconsistent with either the manifest intent of the council, the context of this code or the ordinances of the Town.

Article 1-3

DEFINITIONS

Section 1-3-1 General Rule Regarding Definitions

All words and phrases shall be construed and understood according to the common and approved use of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

Section 1-3-2 Definitions

A. Acts by Agents. When an act is required to be done which may by law be done by an agent as the principal, such requirements shall be construed to include all such acts when done by an authorized agent.

B. And, Or. "And" may be read "or," and "or" may be read "and," if the sense requires it.

C. Code. When the word "code" is used, it shall mean the Town Code of the Town of Camp Verde, Arizona unless the context indicates otherwise.

D. Council. When the word "Council" is used, it shall mean the Town Council of the Town of Camp Verde.

E. County. When the word "county" is used, it shall mean Yavapai County, Arizona unless the context clearly requires otherwise.

F. Day. "Day" is the period of time between any midnight and the midnight following.

G. Daytime, Nighttime. "Daytime" is the period of time between sunrise and sunset.  "Nighttime" is the period of time between sunset and sunrise.

H. Department, Board, Commission, Office, Officer or Employee. Whenever any "department, board, commission, office, officer or employee" is referred to, it shall mean a department, board, commission, office, officer or employee of the Town unless the context requires otherwise.

I. Gender; Singular and Plural. Words of the masculine gender include the feminine; words in the singular include the plural and words in the plural include the singular.

J. Joint Authority. All words purporting to give a joint authority to three or more Town officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.

K. Month. "Month" means a calendar month.

L. Oath. "Oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".

M. Owner. The word "owner" applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of part of such building or land.

N. Person. The word "person" includes a corporation, company, partnership, association or society as well as a natural person.

O. Personal Property. The term "personal property" includes every species of property, except real property as defined in this section.

P. Preceding, Following. The words "preceding" and "following" mean next before and next after, respectively.

Q. Property. The term "property" includes lands, tenements and hereditament and personal property.

R. Real Property. The term "real property" includes lands, tenements and hereditament.

S. Shall, May. "Shall" is mandatory and "may" is permissive.

T. Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

U. State. Whenever "state" is referenced, it shall mean the State of Arizona unless the context clearly requires otherwise.

V. Tenant or Occupant. The word "tenant" or "occupant" applied to a building or land shall include any person holding a written or an oral lease of, or who occupies the whole or part of such building or land, either alone or with others.

W. Tenses. The present tense includes the past and future tenses, and the future includes the present.

X. Time: Computation. The time within which an act is to be done as provided in this code or in any order issued pursuant to any ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is a Saturday, Sunday or holiday it shall be excluded; and when such time is expressed in hours, the whole of Saturday, Sunday or a holiday, from midnight to midnight, shall be excluded.

Y. Time: Reasonable. In all cases where any section of this code shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.

AA. Town. When the word "Town" is used, it shall mean the Town of Camp Verde, Yavapai County, Arizona, except as otherwise provided. The words "in the Town" or "within the Town" shall mean and include all territory over which the Town has jurisdiction for the exercise of its police powers or other regulatory powers as authorized by statute.

BB. Week. A week consists of seven consecutive days.

CC. Writing. The term "writing" means any form of recorded message capable of comprehension by ordinary visual means.  Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless expressly provided otherwise.

DD. Year. "Year" means a calendar year unless otherwise provided.

Article 1-4

REFERENCE TO CHAPTERS, ARTICLES, OR SECTIONS:

CONFLICTING PROVISIONS

Section 1-4-1 Additional Rules of Construction

In addition to the rules of construction specified in Articles 1-2 and 1-3, the rules set forth in this article shall be observed in the construction of this code.

Section 1-4-2 References to this Code

All references to chapters, articles, or sections are to the chapters, articles, and sections of this code unless otherwise specified.

Section 1-4-3 Conflicting Provisions--Different Chapters

If the provisions of different chapters of this code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter.

Section 1-4-4 Conflicting Provisions--Same Chapter

If conflicting provisions are found in different sections of the same chapter, the provisions of the section that is last in numerical order shall prevail unless such construction is inconsistent with the meaning of such chapter.

Article 1-5

SECTION HEADINGS

Headings of the several sections of this code are intended as a convenience to indicate the contents of the section and do not constitute part of the law.

Article 1-6

EFFECT OF REPEAL

When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

Article 1-7

SEVERABILITY OF PARTS OF CODE

It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this code shall be severable, and, if any provision of this code is held unconstitutional for any reason by a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of the code.

Article 1-8

PENALTY

A. Any person found guilty of violating any provisions of this code, except as otherwise provided, shall be guilty of a Class 2 misdemeanor, and upon conviction thereof shall be punished as provided by law.

B. Each day that a violation continues shall be a separate offense punishable as herein described.

Article 1-9

REPEAL OF EXISTING ORDINANCES

Section 1-9-1 Effective Date of Repeal

All ordinances of the Town listed in the adopting resolution except those specially exempted, now in force and effect are hereby repealed effective at twelve o'clock noon on November 1, 1996 but all rights, duties, and obligations created by said ordinances shall continue and exist in all respects as if this code had not been adopted and enacted.

Section 1-9-2 Ordinances Exempt from Repeal

The adoption and enactment of this code shall not be construed to repeal or in any way to modify or affect:

A. Any special ordinance or ordinances regarding franchises, annexations, dedications, road abandonments, or zoning.

B. Any ordinance making an appropriation.

C. Any ordinance affecting any bond issue or by which any bond issue may have been authorized.

D. The running of the statute of limitations in force at the time this code becomes effective.

E. The continued existence and operation of any department, agency, commission or office heretofore legally established or held.

F. Any bond of any public officer.

G. Any taxes, fees, assessments or other charges incurred or imposed.

H. Any ordinances authorizing, ratifying, confirming, approving or accepting any compact or contract with any other municipality, the State of Arizona or any county or subdivision thereof, or with the United States or any agency or instrumentality thereof.

Article 1-10

EFFECTIVE DATE OF CODE

Each and every section of this code as herein contained and hereby enacted shall take effect and be in force on and after twelve o'clock noon on November 1, 1996, except that where a later effective date is provided it shall prevail.

CHAPTER 2

MAYOR AND COUNCIL

Article 2-1

COUNCIL

Section 2-1-1 Elected Officers

A. The elected officers of the Town shall be a mayor and six council members. The mayor and council members shall constitute the council and shall continue in office until assumption of duties of office by their duly elected successors.

B. The term of office of the mayor shall be two years.

C. Council members shall serve four-year staggered terms as provided by ARS 9-232.02, with three (3) members in each class.

Section 2-1-2 Corporate Powers

The corporate powers of the Town shall be vested in the council and shall be exercised only as directed or authorized by law. All powers of the council shall be exercised by ordinance, resolution, order or motion.

Section 2-1-3 Assumption of Office

Members of the council shall assume the duties of office no later than the regularly scheduled council meeting next following the date of the general election at which the council members were elected, or at any special meeting called to conduct business after the general election by the former council. If a council candidate, including mayor, receives a majority of all votes cast at a primary election, then pursuant to ARS 9-821.01 such candidate shall be declared elected to the office, but effective as of the date of the general election, to be seated as set forth herein.

Section 2-1-4 Vacancies in Council

The council shall fill by appointment for the unexpired term and vacancy on the council, including mayor that may occur for any reason, within 60 days of the vacancy, unless a primary or general election for council is set within 120 days. The vacancy shall not reduce any council quorum requirements.

Section 2-1-5 Oath of Office

Immediately before assumption of the duties of office, the mayor and each council member shall, in public, take and subscribe to the oath of office.

Article 2-2

MAYOR

Section 2-2-1 Direct Election of Mayor

A. The mayor shall be directly elected by the people pursuant to ARS 9-821.01. If a candidate receives a majority of all votes cast at a primary election, he or she shall be declared mayor effective as of the date of the general election, and no general election shall be held for that position.

B. The term of the Mayor shall be for two years. In every election one of the declared vacancies on the council shall be reserved for the election of the mayor.

C. A candidate may not run for both mayor and council member at the same election.

Section 2-2-2 Vice Mayor

The council shall annually select, at the first scheduled meeting in June, a vice mayor, who shall serve at the pleasure of the council. The vice mayor shall assume the duties of the mayor in the absence, disqualification, or resignation of the mayor.

Section 2-2-3 Acting Mayor

In the absence or disability of both the mayor and vice mayor, the Mayor will designate one of the current Council members to serve as acting mayor who shall have all the powers, duties, and responsibilities of the mayor during such absence or disability. In the event, the Town Council objects to any such designation, the Council may vote in a public meeting called pursuant to the provisions of this code, to override the Mayor's designation and select an alternative person to serve as Acting Mayor.

Section 2-2-4 Powers and Duties of the Mayor

The powers and duties of the mayor shall include the following:

A. The mayor shall be the chief executive officer of the Town except as to the administrative duties delegated by Section 3-2-1 to the Manager, or other department heads, and in accordance with the procedures set forth in the code and applicable portions of any personnel manual adopted by the Town.

B. The mayor shall be the chairperson of the council and preside over its meetings. The mayor may make and second motions and shall have a voice and vote in all its proceedings.

C. The mayor shall execute and authenticate by his signature such instruments as the council or any statutes, ordinances or this code shall require.

D. The mayor shall make such recommendations and suggestions to the council, as he may consider proper.

E. The mayor may, by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing or any other natural or man- made calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the Town. After declaration of such emergency, the mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the Town, including but not limited to:

F. The mayor shall perform such other duties required by state statute and this code as well as those duties required as chief executive officer of the Town.

Section 2-2-5 Absence of Mayor

The mayor shall not absent himself from the Town for a greater period than fifteen consecutive days without the consent of the council.

Section 2-2-6 Failure to Sign Documents

If the mayor refuses or fails to sign any ordinance, resolution, contract, warrant, demand or other document or instrument requiring his signature for five days consecutively, then a majority of the members of the council may, at any regular or special meeting, authorize the vice mayor or, in his absence, an acting mayor to sign such ordinance, resolution, contract, warrant, demand or other document or instrument which when so signed shall have the same force and effect as if signed by the mayor.

Article 2-3

COUNCIL PROCEDURES

Section 2-3-1 Regular Meetings

Regular Council Meetings. The Town Council will hold regular meetings at 6:30 p.m. on the first and third Wednesdays at the Town Hall complex on Main Street for general business and public hearings as may be required by law, with the fourth Wednesday set aside for Planning & Zoning matters, and the second Wednesday set aside for work sessions as needed. A work session, in lieu of or in conjunction with a regular meeting, may be called. If a regular meeting or work session is cancelled, such as near a holiday, notice of the cancellation shall be posted. Additional items may be added to the Council Hears Planning & Zoning agenda, or Planning & Zoning items to the Regular Agenda, at the Mayor's discretion.

Section 2-3-1.1 Times and Places of Alternate Meetings in Community Neighborhoods

A. The mayor, after public vote of the Council, may schedule a special session of the Council, not more than once per calendar quarter, to be held in appropriate facilities in a neighborhood or school facility within Town limits, to begin at a time and place designated in the motion. Initial locations, subject to availability, are the Willows, Camp Verde Public Schools, Verde Lakes Clubhouse, and the Church of God in Overlook Acres. Unless otherwise designated by the motion, the special sessions will begin at 6:30 p.m., and, when possible, the meeting night will be a month in which there is a 5th Wednesday.

B. If the special session agenda primarily concerns citizens of a certain neighborhood, the session may be scheduled in lieu of a regular session, or a zoning work session. If it replaces a regular session, the Council will nevertheless assemble at Town Hall at the time and place established in the Town Code, and then immediately adjourn to the alternate site.

C. Notices and agendas will be posted for the special sessions as required by law, and additionally posted at the alternate site. Whenever possible, a special session will not be called with less than three (3) days advance notice.

D. Special sessions herein will not be scheduled away from Town Hall if the agenda involves public hearings on controversial topics likely to interest citizens of the Town in general rather than a particular neighborhood.

Section 2-3-2 Special Meetings

Special and emergency meetings, as permitted by law, shall be called and posted in the same manner as regular meetings by the mayor or the Town clerk, after confirmation of the availability of a quorum.

Section 2-3-3 Posting of Notices

A. Notice of council meetings and agendas shall be posted at Town Hall, the United States Post Office, and at Bashas' store at Outpost Mall. Other public notices, such as public meetings of Commissions, committees, or boards, bidding, holidays, auctions, and zoning matters, will be posted only at Town Hall. Locations for posting may be changed by council resolution.

B. All notices shall contain a statement of posting signed by the Town clerk or a designated representative showing the date and time of posting.

C. Posting of Alternate Meeting Locations. In addition to the locations and content specified by 2-3-3 (Posting of Legal Notices), the Town Manager may request that a meeting with an agenda item or public hearing which may attract a large audience, or need special presentation facilities, be scheduled for the gymnasium, school auditorium, or alternate site suitable for public participation. If the Council votes to change the location for that meeting, notice of the location change shall be posted in the normal locations, plus at the site, and the meeting may be called to order at the site without first being called to order at the Town Hall Council Chamber. This does not preclude the Council from relocating a meeting that is in progress to accommodate a crowd that exceeds maximum occupancy limits as established for Council Chambers.

Section 2-3-4 Meetings to Be Public

All proceedings of the council shall be open to the public, except that upon approval by a majority vote of the council, the council may meet in a closed executive session pursuant to the provisions of state law.

Section 2-3-5 Quorum

No action shall be taken unless a quorum is present. Four or more council members (the Mayor counting as a member) shall constitute a quorum for transacting business, but a lesser number may adjourn from time to time to compel the attendance of absent members. In any meeting where a quorum is present, it shall take a majority vote of the entire council, or a minimum of four (4) votes, to enact any measure, resolution, ordinance, or other business on the agenda.

Section 2-3-6 Preparation of Agenda

A. Prior to each council meeting, or on or before a time fixed by the council for preparation and distribution of an agenda, whichever is earlier, the manager shall collect all written reports, communications, ordinances, resolutions, contracts and other documents to be submitted to the council, prepare an agenda in consultation with the mayor according to the order of business and furnish each council member, the mayor and the attorney with a copy of the agenda and other necessary reports and materials together with a copy of the minutes of the last preceding council meeting.

B. The Town may use a consent agenda to dispose of routine matters coming before the council.

Section 2-3-7 Order of Business

The business of the council shall be the following items, not necessarily in that order:

A. Call to Order: The mayor shall take the chair precisely at the hour appointed for the meeting and shall immediately call the council to order. In the absence of the mayor, the vice mayor shall call the council to order. In the absence of both the mayor and vice mayor, the clerk shall call the council to order and an acting mayor shall be selected to chair the meeting. Upon the arrival of the mayor or the vice mayor, the vice mayor or the acting mayor shall immediately relinquish the chair upon the conclusion of the business immediately before the council. The mayor shall preserve order and decorum and decide all questions of order and conduct. Questions from the staff or public are addressed to the chair.

B. Pledge of Allegiance.

C. Roll Call. Before proceeding with the business of the council, the clerk or the clerk's designee shall record the roll of the members, and the names of those present shall be entered in the minutes. If a quorum is not present, the members present may adjourn pursuant to Section 2-3-5 of this code.

D. Consent Agenda: (Routine business, meeting dates, disbursements, resolutions). Unless a member of the council requests a reading of the minutes of the council meeting, the minutes of the preceding meeting shall be considered approved if correct, and errors rectified if any exist.

E. Call to the Public. The council on items designated for public input may hear petitions, remonstrances, communications, comments or suggestions from citizens present. All such remarks shall be addressed to the council as a whole, and not to any member thereof, or the staff. Such remarks shall be limited to five minutes, unless the mayor grants additional time. No person other than the individual speaking shall enter into the discussion without the permission of the presiding officer. There will also be a Call to the Public for items NOT on the agenda. Council may direct staff to follow up on the item with a report or placement on an upcoming agenda.

F. Ordinances/Resolutions/Other Actions Requiring Council Approval. The council shall consider any ordinances or resolutions or other actions requiring council approval as may be listed on the agenda.

G. Reports by Officers. Town officials and committees shall present any reports required by the council.

H. Information and Updates.

I. Adjournment. The council may, by a majority vote of those present, adjourn from time to time to a specific date and hour. A motion to adjourn shall always be in order and decided without debate.

Section 2-3-8 Voting

A. The mayor shall vote as a member of the council.

B. If requested by a Council member, the minutes shall show the ayes and nays of any question to be taken. Council members wishing to abstain for a conflict of interest shall state such on the record prior to any discussion or vote on the item. Any other abstention must be declared at the time of the calling for a vote, or a silence will be record as an affirmative vote. The mayor or chairman of the meeting will announce on the record whether the motion passed or failed.

Section 2-3-9 Declaration of Vacancy

The office of any Council member is deemed vacant pursuant to ARS 39-291 if such member fails to discharge the duties of his or her office for three (3) consecutive months, including failure to attend council meetings unless otherwise authorized by the Council.

Article 2-4

ORDINANCES, RESOLUTIONS AND CONTRACTS

Section 2-4-1 Prior Approval

All ordinances, resolutions, and contract documents shall, before presentation to the council, have been reviewed as to form by the attorney and shall, when there are substantive matters of administration involved, be referred to the person who is charged with the administration of the matters.  Such person shall have an opportunity to present his objections, if any, prior to the passage of the ordinance, resolution or acceptance of the contract.

Section 2-4-2 Introduction

Ordinances, resolutions, and other matters or subjects requiring action by the council shall be introduced and sponsored by a member of the council, except that the attorney or the manager may present ordinances, resolutions and other matters or subjects to the council, and any member of the council may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted; otherwise, they shall not be considered.

Section 2-4-3 Reading of Proposed Ordinance

Ordinances shall be read, before adoption, but may be read by title only, if the council is in possession of printed copies of said ordinance. A member of the council may request that the ordinance under consideration be read in full.

Section 2-4-4 Requirements for an Ordinance

Each ordinance should have but one subject, the nature of which is clearly expressed in the title.  Whenever possible, each ordinance shall be introduced as an amendment to this code or to an existing ordinance, and, in such case, the title of the sections to be amended shall be included in the ordinance.

Section 2-4-5 Effective Date of Ordinances

A. No ordinance, resolution or franchise shall become operative until thirty days after its passage by the council and execution by the mayor, except measures necessary for the immediate preservation of the peace, health or safety of the Town, but such an emergency measure shall not become immediately operative unless it states in a separate section the reason why it is necessary that it should become immediately operative, and unless it is approved by the affirmative vote of three-fourths of all the members elected to the council, taken by ayes and nays. Pursuant to ARS 9-462.04.H, a decision by the Council involving rezoning of land which is not owned by the Town and which changes the zoning classification of such land may not be enacted as an emergency measure.

B. In addition to the provisions of subsection A of this section, the clerk shall certify the minutes of any council meeting at which an ordinance, resolution or franchise, except an emergency measure, is passed. The thirty day period specified in subsection A shall be calculated from the date of passage by the council, execution by the mayor, and approval as to form by the Town Attorney, and a copy available to the public pursuant to ARS 19-142.C.

CHAPTER 3

ADMINISTRATION

Article 3-1

OFFICERS IN GENERAL

Section 3-1-1 Residency

Residency within Town limits for the manager, department heads, or other personnel may be required for certain positions as reflected in the advertising for the position.

Section 3-1-2 Employment Contract

All existing employments contracts between the Town of Camp Verde and non-classified employees, with the exception of the Town Magistrate and Town Engineer, have been rescinded in favor of the following provisions.

Dual Positions: The provisions below distinguish between three (3) positions that are appointed and reviewed by the Council (Town Manager, Town Attorney, and Treasurer/Finance Director), and other department heads that are under review and control of the Town Manager, who may terminate them for cause, but who do not have the severance offer of Section 3-1-3.B. In the event that a person has a dual position, such as Town Manager/Community Development Director, he or she will have the review and termination rights associated with the higher-level position, but in the event that the job title is simply severed, without termination of the individual, such personnel action will not have rights under 3-1-3.B.

Section 3-1-3 Removal Provisions

A. Removal for Cause. The Town Manager, Town Attorney, and Treasurer/Finance Director will be reviewed by the Town Council using procedures that may be adopted by motion of the Council, and may be removed from their positions for cause. All other department heads, or non-classified employees, report to the Town Manager, and may be removed for cause. "Removal for cause" includes failure to have satisfactory performance reviews, violation of adopted work rules in the Personnel Handbook, violation of drug policies, conviction of a criminal offense involving moral turpitude, loss of any professional license or other qualification necessary for the position, and failure to fulfill tasks assigned by the job description.

B. Termination Other than For Cause. The Town Manager, Town Attorney, and Treasurer/Finance Director, may be removed by the Council other than for cause, by offering severance pay of six (6) months' salary, conditioned on the employee and Town signing a mutual release for any employment claims, and including other terms mutually agreeable, as may be authorized by ARS §9-239.C (2000).

C. A manager or department head shall provide the Council with thirty days written notice of intention to resign his position.

Article 3-2

OFFICERS

Section 3-2-1 Town Manager

A. Office Established. The office of Town Manager is hereby established.

B. Appointment of Town Manager. The Town Manager shall be appointed by majority vote of the Council on the basis of executive and administrative ability and shall hold office at the pleasure of the Council.

C. Eligibility. No member of the Council, their spouse or relatives to the first degree shall be eligible for appointment as Town Manager until one year has elapsed after such Council member shall have ceased to be a member of the Council.

D. Acting Town Manager. In the absence of the Town Manager from his office, or upon the disability of the Town Manager, or in the event the position has been vacated by either the resignation of the Town Manager or the termination of his contract by action of the Council, the acting Town Manager shall be appointed as follows:

E. The acting Town Manager shall have the duties and responsibilities of the Town Manager as established by this code, ordinance or statute, except that he shall not without prior approval of the Council:

F. The Acting Town Manager may assign, in writing, temporary duties to other staff members for a period not to exceed twenty working days.

G. Powers and Duties of Town Manager. The Town Manager is the administrative head of the government of the Town under the direction and control of the Council except as otherwise provided in this article. He shall be responsible for the efficient administration of all the affairs of the Town that are under his control. In addition to his general powers as administrative head and not as a limitation thereon, it shall be his duty and he shall have the following powers:

H. Internal Relations.

Section 3-2-2 Town Clerk

Office Established. The Office of the Town Clerk is hereby established. The Town Clerk shall be appointed by the Town Manager on the basis of ability and shall hold office pursuant to Section 3-1-3.A of this code (as amended 2000).

B. Acting Town Clerk.

C. Vacancy of Office. In the event of a vacancy in the office of Town Clerk, such as that created by termination, resignation or death, the manager may assign the powers and duties of the office of Town Clerk as provided in subsection D of this section until such time as the Town Clerk is replaced.

D. Duties.

Section 3-2-3 Town Marshal

A. Office Established. The office of the Town Marshal is hereby established. The Town Marshal shall be appointed by the Town Manager on the basis of ability, and shall hold office pursuant to Section 3-1-3.A of this code (as amended 2000).

B. Acting Town Marshal.

C. Powers and Duties. The Town Marshal is the administrative head of the police department of the Town under the direction and control of the Town Manager. He shall perform such duties as may be required of him by law and as the Town Manager may deem necessary.

Section 3-2-4 Director of Community Development

A. Office Established. The Office of Director of Community Development is hereby established. The Director of Community Development shall be appointed by the Town Manager on the basis of ability, and shall hold office pursuant to Section 3-1-3.A of this code (as amended 2000).

B. Acting Director of Community Development

C. Powers and Duties. The Director of Community Development shall:

Section 3-2-5 Director of Public Works

A. Office Established. The office of Director of Public Works is hereby established. The Director of Public Works shall be appointed by the Town Manager on the basis of ability, and shall hold office pursuant to Section 3-1-3.A of this code (as amended 2000).

B. Acting Director of Public Works.

C. Powers and Duties. The Director of Public Works is the administrative head of the public works department under the direction and control of the manager. In such position, the Director of Public Works shall:

1. Supervise the operations division which shall have charge of and supervision over the care, maintenance and construction of all streets, sidewalks, alleys and public ways; the construction, operation and maintenance of all storm, water and sanitary sewers and all street gutters, drains, drainage ways, improvement districts, waste water treatment, airports, easements and appurtenances thereto under Town jurisdiction; the care, maintenance and construction of all public buildings, lands and parkways; the operation, maintenance and construction of all other public works projects and improvements within the jurisdiction of the Town.

Section 3-2-6 Town Attorney

A. Office Established. The office of Town Attorney is hereby established. The Town Attorney shall be appointed by a majority vote of the Council on the basis of ability and shall hold office pursuant to Sections 3-1-3.A and 3-1-3.B of this code (as amended 2000).

B. Powers and Duties.

C. Conflict of Interest.

Article 3-3

PURCHASING

Section 3-3-1 Scope of Article

This article shall govern the purchase of any goods or services for or on behalf of the Town. This article is intended to supplement state law. However, should applicable state law provide more strict provisions regarding any proposed transaction, those more stringent provisions shall apply.

Section 3-3-2 Council Approval When Required

Notwithstanding the provisions of Section 3-3-5, no purchases shall be made by or on behalf of the Town without first obtaining Council approval in the following instances:

A. Where prior approval is required by state law or Town code;

B. Where the purchase of the item is not provided in the budget as adopted;

C. Where funds for the purchase are not provided in the budget as adopted;

D. For the expenditure of funds in an amount in excess of ten thousand dollars.

Section 3-3-3 Purchasing Director; Duties

A. The manager shall serve as the purchasing director and shall direct and control all purchases of goods and services made by or on behalf of the Town. The purchasing director may delegate his/her administrative function.

B. The purchasing director shall approve or deny all purchase requests and shall report to the Council on any purchase requiring Council approval.

Section 3-3-4 Emergency Purchases; Procedure

In case of an emergency which requires immediate purchase of supplies or services and when time is of the essence and applicable state law does not provide otherwise, the mayor shall be empowered to authorize the purchasing director to acquire goods or services without complying with the requirements and procedures in this article. A full report of the circumstances of such emergency and the goods or services obtained shall be made to the Council at its next regular meeting.

Section 3-3-5 Purchases In General; Bids

A. Purchases Under $1,000. Whenever the contemplated purchase or contract for services is for the sum of less than $1,000, upon completion of a requisition form and purchase order form, the purchasing director may obtain the goods or services without further formality.

B. $1,000 to $2,499 Inclusive. Whenever any contemplated purchase or contract for services is for the sum of at least $1,000 but not more than $2,499, after completion of a requisition form, the purchasing director shall obtain at least three bids. At the discretion of the purchasing director, bids may be solicited by phone or in writing. Documentation of the bids solicited is to be maintained and attached to a completed purchase order form. Upon review of the bids, the purchasing director shall award the purchase or contract to the lowest, responsible bidder.

C. $2,500 to $5,000. Whenever any contemplated purchase or contract is for a sum of at least $2,500 but not more than $5,000, after completion of a requisition form, the purchasing director shall obtain written price quotes from suppliers. The written price quotes are to be attached to a completed purchase order form. Upon review of the written bids, the purchasing director shall award the purchase or contract to the lowest, responsible bidder.

D. $5,001 to $10,000. Whenever any contemplated purchase or contract is for a sum in excess of $5,000 but not more than $10,000, the purchasing director shall advertise for bids according to the procedures provided in this article. The purchase or contract shall be awarded to the lowest responsible bidder, but the Town shall reserve the right to reject any and all bids and re-advertise.

E. In Excess of $10,000. No purchase or contract in an amount in excess of $10,000 shall be awarded without prior Council approval. The purchasing director shall present the bids obtained to the Council and shall report to them on the need for the goods or service and the advantages or disadvantages of the contract and bid proposals. The Council reserves the right to reject any and all bids and re-advertise.

Section 3-3-6 Bidding Procedure

Except as provided in state law, the purchasing director shall follow the procedure set forth in this section for all purchases and contracts subject to the bidding process:

A. A notice of solicitation for bids shall state the date, time and place of opening, and the place and time period within which bids shall be submitted.

B. The notice shall state with particularity the goods or services required and shall state the place where specifications may be examined.

C. Bids shall be submitted in a sealed envelope clearly identified as a bid on the front of the envelope. Any bid not received within the time period allowed shall be rejected.

D. All bids shall be opened in public at the time and place specified, and a tabulation of all bids shall be posted in Town Hall for public inspection.

E. All bidders shall be notified in writing of the award or rejection of any and all bids.

Section 3-3-7 Lowest Responsible Bidder

A. Unless the Council or the purchasing director, as appropriate, shall exercise the right of rejection, all goods and services shall be awarded to the lowest, responsible bidder. In determining the lowest, responsible bidder, the Council or the purchasing director shall consider:

4. The quality, availability, and adaptability of the goods or service.

B. The purchasing director shall select providers of goods and services without regard to race, color, national origin, ethnicity, religion or creed, sex, handicap, age, marital or familial status as required by the Town policy of equal opportunity and non-discrimination.

C. These provisions may be superseded by bidding on qualification requirements in federal or state grants.

Section 3-3-8 Performance Bond

The purchasing director shall have the authority to require a performance bond, in such amount as the purchasing director may deem sufficient, to secure the execution of a contract for construction, provided however, that in a contract for construction in excess of $10,000, such a bond shall be required. In all cases of construction to which state law applies, any requirement for a bond shall be incorporated into the contract.

Section 3-3-9 Exclusive Service

In the event that there is only one person or entity capable of providing a particular commodity or service, the requirement of this article concerning bidding procedures shall not be applicable.

Section 3-3-10 Professional and Technical Services

A. The provisions of this article shall not apply to professional or technical services.

B. No person or firm practicing in a professional or technical field for which a license is required by state law shall be engaged by the Town unless possessing a current license in good standing.

C. Upon engagement, the Town shall enter into a written agreement or memorandum of understanding for the performance of the services for which engaged, setting forth the scope of services and the unit or total price therefore.

Section 3-3-11 Cooperative Purchasing

This article shall not apply to purchases made by, through, or with the State of Arizona or its political subdivisions. The Town may make purchases or award contracts for services without a formal bidding process whenever other governmental units have done so for the same item or service, if, in the opinion of the purchasing director, a separate bidding process is not likely to result in a lower price for such items or services.

Section 3-3-12 Purchases from Mayor or Council members

Pursuant to ARS 38-503(C), the Town, through its common Council, may purchase supplies, materials and equipment not to exceed three hundred dollars in cost in any single transaction or a total of one thousand dollars annually, or as may be adjusted by law from the mayor or any member of the common Council without using competitive public bidding procedures according to an annually adopted Town policy.

CHAPTER 4

BOARDS, COMMISSIONS AND COMMITTEES

Article 4-1

MEMBERSHIP

A. Membership and Organization. Each board and commission shall be made up of seven members appointed by the Council in accordance with the procedures contained in subsection B of this article. The organization of boards and commissions shall include a chairperson, and vice-chairperson who are elected from the membership in accordance with Article 4-2.

B. Selection of New Members. Prior to the expiration of terms for board and commission members, the Council shall call for letters of interest from the general public. Such letters shall be filed with the Town in accordance with the time lines and other related procedures established by the Council. Membership requirements for appointees are subject to the requirements established in the appropriate resolution or ordinance that created the board or commission. The Council may establish any other requirements at the time such appointments are sought for the purpose of aiding the Council in completing the selection process. Any member of a board or commission appointed by the Council shall reside within the corporate limits of the Town. However, Council may waive the residency requirement with good cause, except for appointments to the Planning and Zoning Commission, Board of Appeals, Board of Adjustments, and Housing Committee. If a member holding a position relocates outside of the Town limits, other than within 90 days from the end of the appointed term, he or she shall resign from the board or commission. (Rev. 2004 by Ord 2003-A261)

Citizens who reside outside the Town limits, who are full-time residents (365 days per year) with an 86322 Camp Verde address are encouraged and permitted to serve on the Camp Verde Trails and Pathways Committee only.

C. Terms of Members. All members appointed to boards and commissions are limited to a three year term which begins on October 1 of the year such appointment is made. Members may be re-appointed to additional terms.  Such terms are to be staggered so that the terms of no more than three members shall expire in any given year. Such terms shall overrule and do hereby repeal any existing terms which were previously established by the Council. 

D. Removal. Members of boards or commissions may be removed for cause including excessive lack of attendance, absences of three consecutive meetings or more than half of all scheduled meetings in any municipal year or improper conduct as determined by the mayor and Council.

Article 4-2

ORGANIZATION

A. First Meeting. Each board and commission, during its first meeting of the month of October of each calendar year, shall:

B. Duties of Officers/Members. The duties and powers of the various officers and members of the boards and commissions are as follows:

Article 4-3

MEETINGS

A. Agendas and Minutes. Each board and commission shall provide for the posting of agendas and the preparation and approval of minutes for all meetings. The following minimums shall apply to agendas and minutes:

B. Voting Procedures, Quorums and Abstentions. The action of any board or commission shall be taken by a vote of the membership. Voting procedures shall be in accordance with Robert's Rules of Order and shall include the minimum:

GENERAL DUTIES AND REQUIREMENTS

All boards and commissions are established by a separate document that conveys the specific duties and powers of the group. The following general duties and requirements apply to all members of boards and commissions.

A. The board or commission must operate under the statutory requirements of the Arizona Revised Statutes. Upon appointment to a board or commission, such member shall obtain information regarding the open meeting law and shall become familiar and abide by all statutory requirements. All members of a board or commission are to be provided with copies of this chapter upon appointment and shall become familiar with the duties and requirements of this chapter and other ordinances, resolutions or information affecting the board or commission and the general subject matter/department which they discuss.

B. Actions of a board or commission are recommendations only, and final action shall be taken by the Council upon items involving financial matters or other items affecting the duties of the staff or creation of new rules and regulations in accordance with state law. The decisions of the board of adjustments and appeals are final unless appealed to superior court.

C. A subcommittee of members of the board or commission may meet to discuss special projects as long as such subcommittee is less than a majority of members, such special subcommittee may be assigned only from the membership and shall not be construed to allow for appointment of non-members to any special committee or group unless approved by the Council in advance of such action.

D. Boards and commissions should review the proposed budget of the affected department where appropriate. Such review should provide general guidance to the department. No formal changes to the proposed budget can be made without the department head's approval. Should conflicts arise, such may be referred to the Town Manager in writing, if deemed appropriate.

E. Boards and commission shall annually review, as necessary, the operating policies and procedures for that activity within their purview. Changes deemed appropriate by the board or commission shall be forwarded, in writing, to the department head and Town Manager and may be provided for consideration by the mayor and Council if necessary.

F. Boards and commissions shall annually, if necessary, conduct a review of the facilities to include buildings, grounds or any other real property or facilities operated by the Town that are within their purview. A report of the review shall be issued for consideration by the department head and Town Manager and referred to the Council if necessary for formal consideration.

G. A development plan may be developed by the board or commission regarding the department activities that they are empowered to act upon. Such plan should be forward thinking (five years) and include considerations for the facilities, staffing, equipment, materials and other items. The Council shall submit such report to the department head and Town Manager for review for final consideration.

H. Members of boards and commissions are hereby encouraged to interact with persons serving in similar capacities in other communities as well as those regional and state officials whose duties include an advisory capacity to them. The purpose of this chapter is not to encumber each of the boards and commissions with specific duties and responsibilities as to interfere with the opportunity for expression of imagination and creativity. Rather, it is the intent of this chapter to assure the orderly and timely conduct of the business of boards and commissions. Structured activity, procedures and policies are needed to ensure that the work of the board or commission is worthwhile, productive and successful.

I. A board or commission may vote to consider a request for scheduling a joint work session with the Council. Such request may be made in writing after approval of the board or commission and shall include a description of the reason(s) for the meeting. Such request shall then be presented for consideration of the Council. The Council may also request joint work sessions with any board or commission and may set any items for discussion at such meeting.

J. All powers and authorities of the Town are reserved to the mayor and Council except to the extent that they are specifically delegated to various members of the staff or board or commission by the mayor and Council or by statute. Boards and commissions are basically to serve in an advisory capacity. Notwithstanding such reservation, the following powers and authorities are delegated to the boards or commissions:

Article 4-5

COMMITTEES

The Council may appoint temporary ad hoc committees for limited purposes. All committees are required to follow the procedures for meetings as set forth in Article 4-3.  A quorum for all ad hoc committees will consist of four (4) members present at any meeting.

CHAPTER 5

MUNICIPAL COURT

Article 5-1

MUNICIPAL COURT ESTABLISHED; JURISDICTION

There is hereby established in the Town a municipal court that shall have jurisdiction of all violations of this code, and jurisdiction concurrently with justices of the peace of precincts in which the Town is located of violations of laws of the state committed within the limits of the Town.

Article 5-2

PRESIDING OFFICER

Section 5-2-1 Town Magistrate

The presiding officer of the magistrate court and such other magistrates as deemed necessary by the Council shall be appointed by the Council. A magistrate shall serve for a term of either two or four years. During such term, a magistrate may be removed only for cause.

Section 5-2-2 Powers and Duties of Town Magistrate

The powers and duties of the Magistrate shall include:

A. The powers and duties set forth and conferred upon him under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the Town.

B. The keeping of a docket in which shall be entered each action and the proceedings of the court therein.

C. The responsibility for fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law.

D. Payment of all fees, fines, penalties and other monies collected by the court at least once each month to the treasurer or other officer as designated by the Council.

E. Submitting a monthly report to the Council summarizing court activities for that month.

F. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation.

G. Designation of a deputy other than a law enforcement officer and a specific location, at which the deputy shall, during hours when court is not open, set the amount of bail in accordance with the foregoing schedule and collect such bail, or accept proper bail bonds in lieu thereof, for and on behalf of the court.

H. Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. The Magistrate shall designate a person, a specific location and the hours during which such person will be at the location to accept proper deposits for civil traffic violations for and on behalf of the court.

I. The Magistrate shall prepare an annual departmental budget as required by the Town manager.

Section 5-2-3 Hearing Officers

The Council may appoint one or more hearing officers to preside over civil traffic violation cases when, in their opinion, the appointment of such hearing officers is necessary to assure prompt disposition of civil traffic violation cases. Hearing officers may hear and dispose of civil traffic violation cases under supervision of the presiding officer of the Magistrate court that are appealable to the superior court pursuant to Title 22, Chapter 2, Article 4, Arizona Revised Statutes.

Section 5-2-4 Judges Pro Tem

The Town Magistrate may recommend to the Council the names of individuals qualified to serve as judges pro tem for the Magistrate court, subject to the assignment and direction of the Town Magistrate, once appointed. All judges pro tem shall serve for an unspecified term, subject to removal by the Council. All duly appointed judges pro tem shall be compensated per a fee established by the Council, and subject to the reimbursement of those travel expenses and other out-of-pocket allowances permitted for Town employees. All judges pro tem shall be independent contractors and not subject to the benefits or wage provision for Town employees.

CHAPTER 6

ANIMALS

Article 6-1

ANIMAL CONTROL AND LICENSING

6-1-1 Animal Control Officer

6-1-2 Animals at Large

6-1-3 Licensing of Dogs

6-1-4 Keeping of Dogs

6-1-5 Stray Animals

6-1-6 Penalty

Section 6-1-1 Animal Control Officer

A. Pursuant to ARS 9-499.04, the town hereby establishes the office of animal control officer (ACO) who may commence an action or proceeding before a court for any violation or enforcement of this article, other local ordinances and state statutes relating to animal control which occurs within the jurisdiction of the town. Any certified peace officer may also enforce this article, ordinances and statutes.

B. It is unlawful for any person to interfere with the ACO or a law enforcement agent in the performance of their duties.

Section 6-1-2 Dogs at Large

It is unlawful for an owner or person responsible for the care of a dog to permit it to be at large within the town limits. Evidence that the person permitted the dog to be at large may be shown from prior warnings by the ACO, verbal or written, complaints from adjoining or neighborhood property owners or the public to the ACO or marshal's office that the dog was observed loose or unattended, the owner or responsible person allowed the dog to be in a public place without any physical restraints or that the dog was being maintained on the property or residence of the owner or responsible party without sufficient or reasonable enclosures or restraints after being notified that the dog had been leaving the property. A dog is not at large if it is unrestrained on the property or residence of the owner or person responsible for its care.

Section 6-1-3 Licensing of Dogs

A. Each dog four months of age or over that is kept, harbored, or maintained within the town limits for at least thirty consecutive days shall be licensed by the town. Fees and penalties for licenses shall be established by resolution of the council, and the town shall provide durable dog tags with the name of the town, license number and expiration date. Before a license is issued, the owner must present a rabies vaccination certificate signed by a licensed veterinarian stating the owners name and address, and giving the dog's description, date of vaccinations, types, manufacturer and serial number of the vaccine and the date the revaccination is due.

B. It is unlawful for any person who fails within fifteen days after notification by the ACO, verbally or in writing, to obtain a license for a dog required to be licensed under this article or as may otherwise be required by law, or to remove a dog tag from a dog required to be licensed, or to place a dog tag on a dog other than the dog for which the license was issued.

Section 6-1-4 Keeping of Dogs

It is unlawful for any person, owner or responsible party to keep or harbor within the town limits any dog which barks, howls or makes other aggravating noises which unreasonably disturbs the peace and quiet of the neighborhood.

Section 6-1-5 Stray Animals

Any person who keeps or cause to be kept any horse, mule, cattle, burro, goat, sheep, swine (including potbellied pigs), or other livestock or poultry shall keep such animals in a pen or similar enclosure to prevent the animals for being at large within Town limits. Any such animals found at large may be impounded, with the cost for care to be paid by the owners or responsible parties, and a citation for animal at large may be issued.

Section 6-1-6 Penalty

Any person who violates or fails to comply with any provision of this article shall be guilty of a petty offense on the first offense, and of a Class 2 misdemeanor on any subsequent offense, whether or not the subsequent offense involves the same animal, punishable as may be established by law.

CHAPTER 7

BUILDING

Article 7-1

ADOPTION OF THE 2003 INTERNATIONAL CODE COUNCIL CODES, (ICC)

AND RELATED PUBLIC CODES

Pursuant to ARS §9-802 (as amended), the Town hereby adopts for application and enforcement for all construction within Town limits the following codes heretofore in existence, together with all future amendments, revisions, and modifications as issued by the respective publishing agencies.

1. 2003 International Code Council Codes, published by the International Code Council Incorporated, (ICC), 2003 Edition.

2. 2003 International Code Council Code Standards, published by the International Code Council, Incorporated (ICC), 2003 Edition.

3. 2003 International Fire Code, published by the International Code Council, Incorporated (ICC), 2003 Edition.

4. 2003 International Plumbing Code, published by the International Code Council, Incorporated (ICC), 2003 Edition.

5. 2003 International Fuel Gas Code, published by the International Code Council, Incorporated (ICC), 2003 Edition.

6. 2003 International Mechanical Code, published by the International Code Council, Incorporated (ICC), 2003 Edition.

7. 2003 International Zoning Code, published by the International Code Council, Incorporated (ICC), 2003 Edition.

8. 2003 International Property Maintenance Code, published by the International Code Council, Incorporated (ICC), 2003 Edition.

9. 2003 International Private Sewage Disposal Code, published by the International Code Council, Incorporated (ICC), 2003 Edition.

10. 2002 National Electrical Code, published by the National Fire Protection Association, 2002 Edition.

11. 2003 International Residential Code, published by the International Code Council, Incorporated (ICC), 2003 Edition.

12. National Fire Protection Association Standards, published by the International Code Council, Incorporated (ICC), 2003 Edition.

13. 2003 International Building Code ASTM Referenced Standards, published by the American Society for Testing & Materials,  2003 Edition.

14. AND AMENDMENTS

The effective date of the ordinance shall be April 2, 2004, after which all new construction and work in progress shall meet the standards set forth in the ICC and the above-related codes.

The Town Council shall adopt fee schedules for inspection and certification under the codes from time to time, upon recommendation of the Community Development Director.

At least three (3) copies of the ICC and the above codes, and any future amendments or revisions, shall be kept on file in the Community Development Department. All copies shall be readily available for inspection, including any supplementary pamphlets or explanatory booklets for distribution to the public.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of any standard or provision of the UBC and above related codes, including their subsequent revisions and modifications. Violations for a first offense, per site or per person, shall be a petty offense and for any second or subsequent offense committed within twelve (12) months of any prior citation or conviction, a class 2 misdemeanor.

In addition to the criminal penalties, the Court, upon conviction, may order abatement or removal of the construction, and issue appropriate injunctive relief. The Director of Community Development shall issue no final certificate of occupancy until the construction or action described in this paragraph has been inspected and shown to meet all UBC and related code requirements, and all fees to the Town paid.

The Chief Building Official shall be the administrative authority duly appointed to enforce these codes.

Article 7-2

ADOPTION OF THE UNIFORM CODE FOR THE ABATEMENT

OF DANGEROUS BUILDINGS

Pursuant to ARS §9-802 (as amended), the Town hereby adopts for application and enforcement for all structures within the Town limits the Uniform Code for the Abatement of Dangerous Buildings (International Conference of Building Officials, 1994) a code which has been previously published as set forth in ARS §9-801, together with all future amendments, revisions, and modifications as issued by the publishing agency. The enforcement provisions of the abatement code include the right of the proper officials to enter and inspect the property, order an abatement, cause the demolition of the structures declared to be a dangerous building and recover the costs by liens and personal assessments on the property owners, which shall be to the Board of Appeals. The Director of Community Development shall be the administrative authority duly appointed to enforce these codes.

Article 7-3

CONFORMANCE WITH ZONING ORDINANCE

Whenever a building permit is issued and a building inspection performed, such building must conform to the provisions of the zoning ordinance of Camp Verde in addition to the provisions of this chapter.

Article 7-4

BUILDING OFFICIAL

The building official and administrative authority, as such may be referenced in any section of this chapter for all matters pertaining to any building, plumbing, electrical or any other inspections, shall be vested in the office of the Town Manager or his designee, provided that the manager or the Council may authorize such deputies as needed to perform any inspection work or other functions that may be required by this chapter.

Article 7-5

ROAD SPECIFICATIONS AND DETAILS

That certain document entitled "Uniform Standard Specifications" and that certain document entitled "Uniform Standard Details" as published by the Maricopa Association of Governments, are hereby adopted as the Town road standards and made a part of this chapter the same as though said documents were specifically set forth in full herein.

Article 7-6

STREET NAMING AND ADDRESSING

A. That certain document entitled "Street Naming and Addressing Standards and Guidelines" declared a public record by Resolution 91-165 is hereby adopted and made a part of this chapter the same as though said document was specifically set forth in full herein; and at least three copies of said document shall be filed in the office of the clerk and kept available for public use and inspection.

B. This program is hereby declared the only legal addressing system for the incorporated areas within the Town.

C. Any person who fails to comply with the addressing requirements of this article within thirty days of initial notification by the addressing official shall be subject to a petty offense for the first offense, and a Class 3 Misdemeanor for a second or subsequent offense as to the same property. Each day the property is not in compliance may constitute a separate offense. "Person" includes the property owner, occupant or any persons having control over the use of the property.

Article 7-7

ENFORCEMENT PROCEDURES FOR VIOLATIONS

OF ZONING AND BUILDING CODES

A. Designation of Civil Offense. Violations of zoning and code ordinances of the Town may be filed under the civil enforcement procedures and are declared to be civil offenses. A person shall not be charged both as 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 criminal rather than civil.

B. Hearing Officer. The Council shall periodically appoint a hearing officer to hear and determine zoning and code violations under the civil violation procedure. The term of the hearing officer shall not be an employee or member of any Town board or commission.

C. Filing a complaint. 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 particular subsection of the zoning or code ordinance applicable to the alleged violation. Each subsection of the ordinance cited in the complaint shall be deemed a separate offense. Complaints may be sworn to be any building inspector or zoning code officer for the Town. The citation shall contain the date and time of the alleged violation, and direct the defendant to appear before the Hearing Officer 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 the responsible inspector or code enforcement officer, 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 hearing officer will enter a default judgment against him 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 pursuant to ARS 13-4072.

D. Hearing Procedures. Unless otherwise modified therein, civil enforcement procedures herein shall follow the Arizona Rules of Court for Civil Traffic Violations. The Town Attorney will present evidence of the charges in the complaint. The defendant may present evidence pro per or through counsel. The defendant will not have aright to a jury trial. If the hearing officer 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 hearing officer 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 hearing officer may allow the defendant a time to pay the sanction not more than 30 days for the hearing date.

E. Appeals. The defendant may appeal the decision of the hearing officer to the Town Magistrate, pursuant to ARS 22-402.B, who shall conduct a review of the matter limited to whether the ordinance or code has been correctly interpreted or applied by the component. It shall not be a trial de novo unless the Court determines that the records are insufficient, or there is no record preserved. A record for purposes of this section consists of audio tape recordings, any written rulings of the Hearing Officer, and exhibits admitted at the hearing. Further appeal to the Superior Court, either pursuant to the civil traffic rules or through ARS 12-124.A. is hereby granted, but may be discretionary with the Court

Article 7-8

PLACEMENT OF UTILITIES UNDERGROUND AND ESTABLISHING A PERMIT

A. Definitions:

B. Permit for above Ground Installation. After the effective date of this ordinance, no developer shall erect any new utility system, nor relocate an existing utility system, within Town limits above the surface of the ground, whether along streets or over individual lots or parcels of the development, unless a special permit described herein is first granted by the Town. The undergrounding requirements herein shall apply regardless of the existence or availability of easements for overhead lines. The developer shall be required to comply with any underground policy of the utility, and undergrounding shall be completed and approved prior to any occupancy of the project. If poles are removed which include streetlights, the streetlights will be replaced by the developer at its cost with freestanding poles and luminaries approved by the Town. In the event the utility company adds new poles or lines as a system upgrade or power line extension, it shall be considered the developer, and pay any undergrounding costs. In cases where utility lines are required to be placed underground due to a combination of needs generated by (re) development, utility system upgrade, and governmental improvement projects, there shall be an equitable sharing of the cost of that undergrounding effort between the Town or governmental agency, utility, and developer.

C. Exemptions. This ordinance shall not apply to transmission or feeder lines having a voltage rating greater than 12,500 volts; switchyards and substations utilized in a new utility system; pad-mounted transformers, cabinets, pull boxes, and similar on-the ground equipment; temporary service equipment for emergency services, special events, or construction sites; service drops from existing overhead lines, unless underground service is required under municipal or state subdivision statutes or codes; or normal maintenance and repairs of existing utility systems.

D. Special Permits. A special permit to waive the underground requirements of this ordinance may be issued by the Town. Granting of a special permit is rare and shall not undermine the purpose of the ordinance. Cost disparity in itself shall not constitute grounds for issuance of a special permit. A request for the special permit shall be filed with the Community Development Director for approval. If the permit is denied, the applicant may file a request for review with the Planning & Zoning Commission for their recommendation. The final decision on an appeal shall be with the Town Council.

E. Permits. Developers shall be required to submit a written application to obtain a construction permit for undergounding of facilities as part of the permit process. The content of the permit shall be established from time-to-time by the Community Development Director and/or Town Engineer, but shall include as a minimum:

CHAPTER 8

TRANSACTION PRIVILEGE TAX

Article 8-1

ADOPTION OF TAX CODE

That certain document known as "The Tax Code of the Town of Camp Verde, Arizona", three copies of which are on file in the office of the town clerk of the Town of Camp Verde, Arizona, which document was made a public record by Resolution No. 88-45 of the Town of Camp Verde, Arizona, and any amendments thereto is hereby referred to, adopted and made a part hereof as if fully set out in this chapter.

Article 8-2

TRANSIENT LODGING

In addition to the taxes levied as provided in Section 8-1 ["Sales Tax"] there is hereby levied and shall be collected an additional tax in an amount equal to THREE PERCENT (3 %) of the gross income from the business activity of any hotel engaging or continuing within the Town in the business of charging for lodging and/or lodging space furnished to any transient. "Transient" means any person who, for any period of not more than thirty (30) consecutive days, either at his own expense or at the expense of another, obtains lodging or the use of any lodging space in any hotel for which lodging or use of lodging space a charge is made. "Hotel" as defined as any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house, apartment house, trailer or other lodging place within the Town offering lodging, wherein the owner thereof, for compensation, furnishes lodging to any transient, except foster homes, rest homes, sheltered care homes, nursing homes, or primary health care facilities.

CHAPTER 9

BUSINESS REGULATIONS

Article 9-1

CASUAL BUSINESS LICENSE

9-1-1 Definitions

9-1-2 License Required

9-1-3 Applications

9-1-4 Fees

9-1-5 Fees for Charitable, Religious or Civic Organizations

9-1-6 License to be Posted

9-1-7 Location Restrictions

9-1-8 Undue Noise Prohibited

9-1-9 Enforcement by Police Officers

9-1-10 Revocation

9-1-11 Signs to be Observed

Section 9-1-1 Definitions

In this article unless the context otherwise requires:

A. "Canvasser or solicitor" means any person, whether a resident of the Town or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether such person is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself or for another person, hires, leases, uses or occupies any building, structure, tent, railroad car, boat, hotel room, lodging house, apartment, shop or any other place within the Town for the sole purpose of exhibiting samples and taking orders for future delivery.

B. "Peddler" means any person, whether a resident of the Town or not, traveling by foot, wagon, automobile or any other type of conveyance from place to place, from house to house or from street to street carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers, or a person who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance. It is further provided that a person who solicits orders and, as a separate transaction, makes delivery to purchasers as a part of the scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions herein contained. The word "peddler" shall include the words "hawker" and "huckster".

C. "Transient merchant", "itinerant merchant" or "itinerant vendor" means any person, whether owner or otherwise, whether a resident of the Town or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the Town, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad car, boat, hotel room, lodging house, apartment, shop, or any street, alley or other place within the Town for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock but exhibits samples only for the purpose of securing orders for future delivery. The person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of or in the name of any such local dealer, trader, merchant or auctioneer.

D.  "Special Event", includes the temporary sales and displays by street vendors, craft shows, fair booths and similar operations usually associated with a special event or holiday.

Section 9-1-2 License Required

It is unlawful for any peddler, solicitor, canvasser, transient merchant, itinerant merchant or itinerant vendor to engage in such business within the corporate limits of the Town without first obtaining a Casual Business license in compliance with the provisions of this chapter. This article shall also govern all special event sales and operations within the Town limits. This article does not apply to participants of Town Events who have paid booth fees, garage sales, auctions, sidewalk sales, student fund raising sales, and bake sales that occur less than three (3) times per year; events occurring more than three (3) times per year must obtain a Casual Business License.  

Section 9-1-3 Applications

A. Applicants for a Casual Business license under this chapter must file with the clerk a sworn application in writing, on a form to be furnished by the clerk, which shall give the following information:

B. No license issued hereunder shall be transferable.

Section 9-1-4 Fees

A. The license fees for peddlers, solicitors, canvassers, and transient merchants and the application fee provided in Section 9-1-3 shall be determined by resolution of the Council.

B. No fee shall be required of any resident of the Town of Camp Verde selling products of the farm or orchard actually produced by the resident.

Section 9-1-5 Fees for Charitable, Religious or Civic Organizations

There shall be no fees for charitable, religious, or civic organizations. It shall be the duty of the clerk or the Town Marshal to determine if the organization making the application is a charitable, religious or civic organization and that the individual making the application is a member of the organization. The determination by the clerk or the Town Marshal may be appealed pursuant to Section 9-1-11.

Section 9-1-6 License to be Posted

The license issued by the clerk shall be posted in a conspicuous place if the licensee is using a vehicle or a building in his business and otherwise must be kept by the person and exhibited at any time upon request.

Section 9-1-7 Location Restrictions

No peddler, canvasser or transient merchant shall locate on the public street or property, and must have written permission of a property owner for private property. It is unlawful for any peddler, canvasser or transient merchant to operate in any stationary location, to operate within three hundred feet of a public school ground or to operate in any congested area where such operation might impede or inconvenience the public, or cause traffic or parking hazards. The judgment of a police officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

Section 9-1-8 Undue Noise Prohibited

No licensee, nor any person on the licensee's behalf, shall shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell upon any of the streets, alleys, parks or other public places of the Town or upon any private premises in the Town where sound of sufficient volume is emitted or produced that is capable of being plainly heard upon the public thoroughfares.

Section 9-1-9 Enforcement by Police Officers

It shall be the duty of any police officer of the Town to enforce the provisions of this article. The Town Marshal shall report to the clerk all convictions for violation of the provisions of this chapter, and the clerk shall maintain a record for each license issued and record the reports of violations therein.

Section 9-1-10 Revocation

The clerk after notice and hearing for any of the following causes may revoke permits and licenses issued under the provisions of this chapter:

A. Fraud, misrepresentation, or false statement contained in the application for license;

B. Fraud, misrepresentation, or false statement made in the course of carrying on business;

C. Any violation of this article;

D. Conviction of any crime or misdemeanor involving moral turpitude;

E. Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

Section 9-1-11 Signs to be Observed

It is unlawful for any peddler, solicitor, canvasser or transient merchant, in the course of his business to ring the doorbell or knock at any building whereon a sign bearing the words "No Peddlers", "No Solicitors", "No Canvassers", No Transient Merchants" or a similar message is exposed to public view. I

 

Article 9-3

BUSINESS LICENSES

9-3-1 Purpose

9-3-2 Registration

9-3-3 Issuance of Certificate

9-3-4 Payment

9-3-5 Posting of Certificate

9-3-6 License not Transferable

9-3-7 Fees

9-3-8 Penalty

Section 9-3-1 Purpose

The Council has determined that it is in the best interest of the public to maintain a list of business activities within the Town to provide contacts for emergency services, directories, compliance with zoning, tax or other ordinances and statutes.

Section 9-3-2 Registration

A person actively conducting any business subject to taxation under Chapter 8 of this code and any business, profession, game, calling, or occupation shall procure a certificate of registration from the Town Clerk.

Section 9-3-3 Issuance of Certificate

It is the duty of the Town Clerk to prepare and issue a certificate under this article for every person, firm, company, or corporation liable therefore; the period of time covered; the name of the person, firm or corporation for whom issued; the type of business; the location or place of business and verification of privilege tax license.

Issuance of the certificate does not imply that the Town in any way regulates or warrants the manner in which the operator does business.

Section 9-3-4 Payment

A. All business certificate fees shall be paid at the office of the Town Clerk in such manner as may be specified by the clerk.

B. A late charge of ten dollars shall be added for all businesses which do not pay the required fees within thirty days of their due date. After sixty days, an additional late fee of fifty dollars per month shall be charged.

C. A full fee shall be paid for each fee period or portion of a fee period in which a business is carried on.

D. A separate certificate must be obtained for each branch established or separate place of business in which any business is carried on.

Section 9-3-5 Posting of Certificate

Every person, firm, company, or corporation, having a certificate under the provisions of this article, shall keep such certificate posted and exhibited, while in force, in some conspicuous part of the place of business. Every person having such certificate and not having a fixed place of business shall carry such certificate with him at all times while carrying on that business for which the same was granted. Every person, firm, company or corporations having a certificate under the provisions of this article shall produce and exhibit the same whenever requested to do so by any officer authorized to issue, inspect or collect by the Town.

Section 9-3-6 License not Transferable

No certificate issued under the provisions of this article shall in any manner be assignable or transferable to any other person, firm, company, or corporation other than as specified in this article without permission from the Town Clerk.

Section 9-3-7 Fees

All businesses liable shall pay a set fee as set forth by the Council by resolution.

Section 9-3-8 Penalty

It is unlawful for any person to commence, transact, or carry on any business within the Town without first having obtained a license from the Town, if required, or to comply with all provisions of this article. Violations shall be punishable as a petty offense with each day that such business is practiced, transacted or carried on constituting a separate offense.

Article 9-4

MINING

29-4-1 General Provisions

9-4-2 Definitions

9-4-3 Permitting Requirements and Procedures

9-4-4 General Regulations

9-4-5 Administration

Section 9-4-1 General Provisions

A. Authority. The authority of the Town to establish the regulations in this article is granted by ARS 9-462.01, 9-240 B5(c).

B. Purpose. It is the intent of the Town to establish regulations on uses that mine, quarry or extract resources, which are taken from the natural environment. These regulations are intended to aid in managing the town's resources by complimenting the federal, state, county and local regulations.

C. Applicability and Exemptions. The regulations contained in this article apply to all business operations that mine, quarry or extract natural resources as defined herein. This article shall not be construed to prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, grazing or general agricultural purposes. Mining, quarrying or processing of natural resources for personal use, as defined herein, are exempt from the requirements of this article. This article supersedes sections 104 and 105 of the Planning and Zoning Ordinance as far as the activities and uses described herein.

Any existing legal non-conforming operations as of the date of adoption of this article are considered a "grandfathered" right of continued use unless one or a combination of the following occur:

Section 9-4-2 Definitions

In this article unless the context otherwise requires:

Section 9-4-3 Permitting Requirements and Procedures

C. Application Requirements for Permanent Mining Operations. An application filed for permanent mining, quarrying and processing operations, as defined in this article, shall include the following information:

D. Excavation and Reclamation Plan. All Use Permit Applications for mining operations shall include an excavation and reclamation plan, as required by Subsection C of this section. If the proposed operation is located in a floodplain area, a topographic survey shall be provided in accordance with Yavapai County Flood Control District and/or Army Corps of Engineers requirements. The Excavation and Reclamation Plan shall be reviewed in conjunction with the information gathered by staff. For the purposes of ensuring that the site is reclaimed for reuse and the site is mined in an expeditious manner, the applicant shall provide the following:

D. Permit Requirements for Temporary Mining Operations

Section 9-4-4 General Regulations

The general regulations contained in this article shall apply to all mining operations and permits.

A. Site Development and Operational Regulations. All mining, quarrying and processing operations shall conform to all applicable plans and documentation approved as presented or revised in the Use Permit or Temporary Use Permit application. In addition to the conditions applied on the permit, all operations shall meet the following operational regulations:

B. Implementation of Use Permit. If the Council approves the Use Permit, the applicant shall provide the following prior to the issuance of the Use Permit:

Section 9-4-5 Administration

A. Subsequent Review and Expiration of Permits. All Use permits issued pursuant to this article are subject to periodic review and expiration as determined by Council.

B. Revocation of Use Permit. Violation of any applicable federal, state, county or local regulation is sufficient grounds for Council action that may lead to the revocation of the Use Permit.

C. Appeals. If the applicant or affected property owner disagrees with the decision of the Director to issue or deny a temporary permit or the requirements for permit processing related to a permanent or temporary operation, such person may file a written appeal with the Director within ten (10) days of the Director's decision. Such appeal shall be referred to the Board of Adjustment pursuant to Section 112 of the Planning and Zoning Ordinance. Further appeals are possible through Superior Court.

D. Permit Status. Issuance of a permit is not an approval by the Town of any use or activity that is prohibited by any other governmental agency or private covenant.

Section 9-4-6 Penalty

Any person that fails to comply with any provision of this article, or uses property in violation of any provision of this article or permit issued herein, shall be guilty of a petty offense for the first offense, and a misdemeanor for a second or subsequent offense as to the same property or activity, with each day that the property or activity is not in compliance constituting a separate offense. "Person" includes the property owner, occupant, agent or any person having control over the use of the property. Enforcement of this ordinance may also be pursuant to Council action under ARS §9-462.05, as amended.

CHAPTER 10

HEALTH AND SANITATION

Article 10-1

TRANSPORTATION OF REFUSE

10-1-1 Definitions

10-1-2 Transporting Refuse

10-1-3 Penalty

Section 10-1-1 Definitions

In this article unless the context otherwise requires:

A. "Bulky items" means all wood, timber, household or construction discards, large pieces of metal, stones, concrete or other building materials or similar material.

B. "Garbage" means all putrescible wastes, except sewage and body wastes, including but not limited to, dead animals and all organic wastes that have been prepared for, or intended to be used as, food or have resulted from the preparation of food, including all such substances from all public and private establishments and residences.

C. "Plant trimmings" means shrubs or tree growth of more than four feet in length and more than one-half inch in diameter.

D. "Refuse" means all garbage and trash.

E. "Trash" means all nonputrescible solid wastes consisting of combustible or noncombustible wastes, including but not limited to, paper, cardboard, cans, yard clippings, plant trimmings, ashes, bedding, glass, crockery, bulky items, or other accumulation of debris.

F. "Yard clippings" means grass, sod and plant growth of less than four feet in length and less than one-half inch in diameter.

Section 10-1-2 Transporting Refuse

It is unlawful for any person to transport, or cause to be transported, any refuse on or along any public street or alley within the Town, unless the load is so covered or secured with netting, fabric or other device so as to prevent any of said load from dropping, sifting, leaking or otherwise escaping. In the case of timber or bulky items, ropes, straps, cables or chains may be substituted for netting or fabric to provide a securely anchored load.

Section 10-1-3 Penalty

Any person found guilty of violating this article, except as otherwise provided, shall be guilty of a class 3 misdemeanor, and upon conviction shall be punished by a minimum fine of thirty-five dollars. No judge shall suspend imposition of sentence, except community service may be used in lieu of fine.

Article 10-2

REMOVAL OF TRASH, RUBBISH, AND DEBRIS

10-2-1 Declaration of Nuisance

10-2-2 Notice

10-2-3 Abatement and Lien

10-2-4 Unlawful Dumping

Section 10-2-1 Declaration of Nuisance

It is hereby declared to be a public nuisance, fire hazard and hazard to public health and safety to allow the accumulation of rubbish, trash, filth, debris, abandoned inoperable vehicles, dilapidated buildings and structures, litter, garbage, dead animals, brush, street cleaning, industrial wastes or other unsanitary matter of any kind on any property, buildings, lots, grounds, tracts of land and the contiguous sidewalks, streets and alleys.

Section 10-2-2 Notice

Written notice of any violation of Section 10-2-1 shall be either personally served or sent to the owner, lessee, or occupant of the property at his last known address by registered or certified mail, or the address to which the tax bill for the property was last mailed. If the owner does not reside on such property, a duplicate notice shall also be sent to him at his last known address. The notice shall be dated, signed by the zoning inspector, have attached a copy of this article and be substantially in the following form:

Notice to Compel Property Cleanup

Property Description/Address:

You are the record owner, lessee, or occupant of the above property that was recently inspected by the Town and found to have accumulated trash and other material in violation of Article 10-2 of the Camp Verde Town Code (attached). You have thirty days from receipt of this notice to clean up the property by removing the material or abating the condition which constitutes a hazard to public health and safety, or the Town will cause the removal and abatement at an estimated cost of $______ plus an additional 5% (for inspection and incidental costs) of $______. This total amount of $______ will then be an assessment and, when recorded in Yavapai County, becomes a lien on the property which will be enforceable and foreclosed as provided under ARS 9-499 (as amended).

The description of the violation is as follows:

Section 10-2-3 Abatement and Lien

If a property owner, lessee or occupant, after receipt of the above notice, does not remove the trash or other material specified herein, or otherwise abate such condition which constitutes a hazard to public health and safety, the Town shall, at the expense of the owner, lessee or occupant, remove or cause the removal or abatement, and the actual cost, plus an additional amount of 5% for inspection, enforcement and other incidental costs in connection therewith, shall become an assessment and lien on the property until paid. Such assessment, from the date of recording in the Office of the Yavapai County Recorder, shall be a lien inferior to the lien for general taxes and all prior recorded mortgages or encumbrances, and the Town shall have the right to bring an action to enforce the lien in Superior Court by judgment of foreclosure and sale of the property.

The recorded assessment shall be prima facie evidence of the truth of all matters recited therein, and of the regularity of all proceedings prior to its recording.

Section 10-2-4 Unlawful Dumping

Definitions.    "Littering", either along a public roadway, on private property of another, or on public property or parks, is the casual release of small amounts of trash, garbage, rubbish, or debris. Littering includes both throwing down of material, or failure to clean it up from the property by removing it or putting it in provided trash containers in a manner that will not allow it to be blown or discharged from the receptacle. If littering occurs from a moving vehicle, the driver will be presumed to be the offender. "Dumping" is the deposit of household garbage or trash, construction materials, industrial waste, soils or rocks, tree or brush trimming, litter, petroleum products, hazardous materials, or injurious materials on or along any public roadway, public property, or property of another.

Violations and Penalties.     Both littering and dumping are declared Class 1 misdemeanors, punishable by fines up to $2,500 and six (6) months in jail, or to the limits as may be amended by State law. The minimum fine for littering as a first offense shall be $500, and for dumping, except for dumping hazardous materials, large appliances, industrial waste, automobile parts, or injurious materials, is $1,000. The fine for a first offense for dumping hazardous materials, large appliances, industrial waste, automobile parts, or injurious materials, or whenever the total quantity of the material dumped, regardless of the type, exceeds ten (10) pounds, is $1,500. Persons convicted of a second or subsequent offense under this ordinance shall be sentenced to a fine that is twice the minimum for a first offense, up to a maximum fine for a Class 1 misdemeanor under State law, and shall be ordered to serve not less than three (3) days in jail. In addition to any fines or jail time imposed, the Court shall order that a person convicted of littering or dumping shall be ordered to pick up and remove trash or litter from public property for a minimum of sixteen (16) hours for a first offense, and forty (40) hours for a second or subsequent offense, as well as either clean up the litter or dumping caused by the offender, or reimburse the Town or agency which performed the cleanup for the reasonable cost thereof. The Court shall not order personal cleanup if it would create a hardship for the offender because of physical infirmity or age, and shall schedule times and places of cleanup that would minimize interference with the offender's employment or family responsibilities.

Reward.    Any person that provides information leading to the citation of another who has violated any provisions of this ordinance shall be paid a $100 reward as restitution to be assessed in addition to the above penalties upon conviction of the offense.

Posting.    Signs shall be posted along major roadways and areas where there has been a history of illegal dumping or littering warning the public of the offense, the minimum fines, and a reward offered for information leading to a citation and conviction.

CHAPTER 11

OFFENSES

Article 11-1

OFFENSES

11-1-1 Dangerous Constructions

11-1-2 Excavations to be Covered

11-1-3 Minors; Curfew

11-1-4 Motor Vehicles on Private Property

11-1-5 Noise

11-1-6 Parks - Alcohol Use

11-1-7 Signs and Banners

11-1-8 Unsafe Buildings or Structures

11-1-9 Weapons

11-1-10 911 Emergency Telephone Number System

11-1-11 Prohibitions on Vehicle Engine Noise

11-1-12 Sale of Pseudo-Ephedrine Products

Section 11-1-1 Dangerous Constructions

It is unlawful for any person to maintain or allow any signs, billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.

Section 11-1-2 Excavations to be Covered

A. It is unlawful for any person to make any excavation or dig any hole, drain or ditch in any highway or thoroughfare in the Town without providing a sufficient light at night and a temporary fence or suitable obstruction around or in front of such excavation at all times.

B. It is unlawful for any person to maintain a well, cellar, pit, or other excavation of more than two feet in depth on any unenclosed lot, without substantial curbing, covering, or protection.

Section 11-1-3 Minors; Curfew; Liability of Parent

A. It shall be unlawful for any juvenile under the age of eighteen (18) years to be, remain, loiter in, about or upon any place in the Town away from the dwelling house or usual place of abode of said juvenile, between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the following day; provided that the provisions of this section do not apply to said juvenile when:

B. It is unlawful for the parent or guardian of a person under the age of eighteen years to permit such minor to be away from the minor's dwelling house or usual place of abode in violation of Section A once the parent or guardian has been notified of the violation and permits repeated violations.

 

C. Curfew is extended until 12:30 a.m. on Friday and Saturday.

Section 11-1-4 Motor Vehicles on Private Property

A. It is unlawful for any person to operate or drive any motor vehicle, motorcycle, motor scooter, minibike, trail bike, dune buggy, jeep or other form of transportation propelled by an internal combustion engine, upon private property of another without a written permit issued by the owner of the property or the person entitled to immediate possession thereof, or the authorized agent of either.

B. The permit shall specify the period for which permission is granted, and shall set forth the name of the grantee, shall be signed by the grantor, shall state grantor's interest in the property and, if the grantor is not the owner thereof, the owner's name.

C. Any person operating, driving, or leaving a vehicle described in this section on private property shall, upon request of any peace officer, display the permit issued under the terms of this article.

D. It is the intent of this section to prevent the unauthorized use of vacant lots or other privately owned areas by motor vehicles which unauthorized use results in the creation of excessive dust, noise or other annoyances to such an extent as to interfere with the comfortable enjoyment of life or property by the surrounding property owners.

Section 11-1-5 Noise

A. It is hereby declared to be public nuisance, and it is unlawful for any person, to play or permit to be played any music or musical instruments whether played by individuals, orchestra, radio phonograph, music box or other mechanical device or means, any shop operations or other activity in such a loud or unusual manner as to be offensive to the senses, or so as to disturb the slumber, peace and quiet, or otherwise interfere with the comfortable enjoyment of life or property of any person and is no less a nuisance because the extent of the annoyance inflicted is unequal.

B. It is unlawful to play, operate or use any device known as a sound truck, loud speaker or sound amplifier, radio or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle shall have first applied to and received permission from the chief of police to operate any such vehicle so equipped.

Section 11-1-6 Parks - Alcohol Use

Definitions: "Public Recreation Area" shall include a Town park, district or regional parks, riverfront parks, or areas so designated by the Town Council of the Town Hall complex, such as the adjoining sports fields, parking lots, or gymnasium, or other Town property.

Prohibition on Alcohol Use. It is unlawful for any person to consume, possess, give, or sell any alcoholic beverage within the boundaries of any public recreation area in the Town limits, or in a public thoroughfare, except that persons may sell, purchase, or consume beer by permit from the Town specifying the areas and conditions of use, and a special event license from the Arizona Department of Liquor Control, if it is required. If the beer is not going to be sold, but distributed as part of a private function, only a Town permit is required.

Permit Procedures. The Town Manager will establish permit procedures under this ordinance, except that the Town Council may by motion or resolution determine which events sponsored by the Town will have beer sold under a Town special event license.

Violations and Penalties. Violation of this [section] ordinance is declared to be a Class 1 misdemeanor, punishable by fines up to $2,500 and 6 months in jail, or to the limits as may be amended by State law.

Posting. Signs shall be posted in all public recreation areas warning the public of the provisions of this ordinance.

Section 11-1-7 Signs and Banners

It is unlawful for any person to place any banner or sign upon any Town property, streetlight pole, traffic signal pole, or utility pole within the Town without first obtaining authorization from the Council.

Section 11-1-8 Unsafe Buildings or Structures

It is unlawful for any person to maintain or allow any building or structure so old, dilapidated or out of repair as to be dangerous, unsafe, and unsanitary or otherwise unfit for human use.

Section 11-1-9 Discharge of Air or Spring Weapons

It is unlawful for any person to recklessly discharge any spring or airgun within the Town.

Section 11-1-10 911 Emergency Telephone Number System

A. Definitions. In this section, unless the context otherwise requires:

2. "911" means the Town 911 emergency telephone number system.

B. Prohibition. It is unlawful for any person to intentionally and willfully dial the 911 emergency telephone number and falsely report a nonexistent emergency or to dial the 911 emergency telephone numbers with the intention to harass, annoy or otherwise interfere with the intended operation of the 911 emergency telephone number system.

Section 11-1-11 Prohibition on Engine Braking.

No vehicle, commercial or personal, shall use engine braking, compression braking, or `jake brakes', within the Town limits, if the operation causes unreasonable noise. Use of engine braking in a residential area shall be presumed to be a public nuisance.

1. Exceptions: This shall not apply to traffic on Interstate 17, or any time use of engine braking is necessary in a safety emergency.

2. Violations: The driver or operator of a vehicle may be cited under this ordinance. Violations of any provision herein are a Class 3 Misdemeanor on a first offense for the vehicle or driver, and Class 2 Misdemeanor for any subsequent offense.

11-1-12 Sale of Pseudo-Ephedrine Products

 

Sale of Pseudo-Ephedrine Products

1.        Definitions: For purposes of this chapter, the following shall have the following meanings:

a.      "Pharmacist" means a person licensed by the state in the art, practice, or profession of preparing, preserving, compounding, and dispensing medical drugs.

 

b.       "Licensed Pharmacy Technician" is a person licensed by the state to assist a pharmacist.

 

c.       "Pseudo-ephedrine" is a drug commonly used in decongestants and can be illegally processed to make methamphetamine Ephedrine, norpseudoephedrine, and phenylpropanolamine shall be included in this definition as pseudo-ephedrine products.

 

d.       “Proper Identification” shall mean a recognized government issued photo identification of purchaser including, but not limited to, a driver's license, identification card or passport.

 

2.       Security of Pseudo-Ephedrine Products. Any establishment that pseudo-ephedrine products in a tablet form must hold such products in an area that is not accessible to the public and where such products are continually monitored to prevent theft or unauthorized or uncontrolled purchases

 

3.       Sale by Pharmacist or Licensed Pharmacy Technician. It shall be required that any compound, mixture or preparation that contains detectable quantities of pseudo-ephedrine in a tablet form be sold by a pharmacist or licensed pharmacy technician.

 

4.       Quantity that May be Sold. It shall be prohibited for a retailer selling more than a total of 9 grams in tablet form of ephedrine, pseudo-ephedrine, norpseudoephedrine or phenylpropanolamine to a person within a thirty (30) day period. Provided however, this limit shall not apply to any quantity of such tablet of ephedrine, pseudo-ephedrine, nonpseudoephedxine or phenylpropanolarnine dispensed pursuant to a valid prescription.

 

5.      Purchaser identification Requirements. It shall be required that any person purchasing pseudo-ephedrine products in a tablet form present proper identification and sign a log that shows the date of the transaction, the name of the purchaser, and the amount of the compound requested.

 

6.      Confidentiality of Identification Information. The purchaser log will be retained by retailer for a period of six (6) months, unless otherwise directed by law enforcement, and will be considered a confidential document that will only be available to the pharmacist, licensed pharmacy technician, law enforcement, or by order of a court.

 

7.      Requirement to Report Suspicious Sale. The retailer and pharmacy employees will be required to report to the police department by telephone any attempt by a purchaser to purchase larger quantities than allowable by this Ordinance or any other suspicious activity or purchases that may be related to the manufacture or possession of illegal drugs.

          

       

CHAPTER 12

TRAFFIC

Article 12-1

ADMINISTRATION

12-1-1 Duty of Marshal's Office

12-1-2 Records of Traffic Violations

12-1-3 Marshal's Office to Investigate Accidents

12-1-4 Traffic Accident Studies

Section 12-1-1 Duty of Marshal's Office

A. It shall be the duty of the Marshal's Office to provide for the enforcement of the street traffic regulations of the town and all of the state vehicle laws applicable to street traffic in the town, to make arrests for traffic violations, to investigate accidents and to assist in developing ways and means to improve traffic conditions, and to carry out all duties specially imposed upon the Marshal's Office by this chapter.

B. Any peace officer or duly authorized agent of the town may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of this chapter and to serve a copy of the traffic complaint for any alleged civil or criminal violation of this chapter.

Section 12-1-2 Records of Traffic Violations

A. The Marshal's Office shall keep a record of all violations of the traffic laws of the town or of the state vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such record shall accumulate during at least a five-year period and from that time on the record shall be maintained complete for at least the most recent five-year period.

B. All forms for records of violations and notices shall be serially numbered. For each month and year, a written record shall be maintained complete for at least the most recent five-year period.

Section 12-1-3 Marshal's Office to Investigate Accidents

It shall be the duty of the Marshal's Office to investigate traffic accidents and to arrest and assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

Section 12-1-4 Traffic Accident Studies

Whenever the accidents at any particular location become numerous, the Marshal's Office shall conduct studies of such accidents and determine remedial measures.

Article 12-2

TRAFFIC CONTROL

12-2-1 Directing Traffic

12-2-2 Obedience to Traffic Regulations

12-2-3 Use of Coasters, Roller Skates, Skateboards, and Similar Devices Restricted

12-2-4 Traffic Control Devices

12-2-5 Authority to Designate Crosswalks, Establish Safety Zones and Mark Traffic Lanes

12-2-6 Authority to Place and Obedience to Turning Markers

12-2-7 Authority to Place and Obedience to Restricted Turn Signs

12-2-8 One-Way Streets and Alleys

12-2-9 Regulation of Traffic at Intersections

12-2-10 Drivers to Obey Signs

12-2-11 Processions

12-2-12 Regulation of Motorized Play Vehicles and Motorized Skateboards

Section 12-2-1 Directing Traffic

A. The Marshal's Office is hereby authorized to direct all traffic by voice, hand, or signal.

B. Officers of the fire department, when at the scene of a fire, may direct or assist the Marshal's Office in directing traffic thereat or in the immediate vicinity.

Section 12-2-2 Obedience to Traffic Regulations

It is a civil traffic violation for any person to do any act forbidden or fail to perform any act required by this chapter. It is a Class 2 misdemeanor for any person to willfully fail or refuse to comply with any lawful order or direction of the Marshal's Office or any of its duly designated, qualified and acting law enforcement agents.

Section 12-2-3 Use of Coasters, Roller Skates, Skateboards, and Similar Devices Restricted

A.    It is a civil traffic violation for any person upon roller skates, coaster, skateboard, go-cart or riding any coaster, toy vehicle, or similar device to go upon any roadway except while crossing a street on a crosswalk, and, when crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.

B.     No person shall ride upon, in or by means of roller skates, coaster, skateboard, toy vehicle, go-cart, or any similar coasting or skating device, any sidewalk included in the following prohibited areas of operation:

1.     Main Street- From the Western Montezuma Castle Highway Intersection with Highway 260/Main Street to tthe Highway 260 bypass intersection with Main Street.

2.     On any public property, except those areas designated for use of these devices.

3.   On any private property without the permission of the owner.

C.     Whenever any person riding such a coasting or skating device upon a sidewalk in a residential area, such person shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing pedestrian. 

Section 12-2-4 Traffic Control Devices

A. The town shall place and maintain traffic control devices, signs and signals when and as required under the traffic regulations of the town to make effective the provisions of said regulations, and may place and maintain such additional traffic control devices as necessary to regulate traffic under the traffic laws of the town or under state law or to guide or warn traffic.

B. The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the traffic regulations of the town unless otherwise directed by the town marshal or member of the police department, subject to the exceptions granted in this chapter or by state law.

Section 12-2-5 Authority to Designate Crosswalks,

Establish Safety Zones and Mark Traffic Lanes

The Town Manager or his designee is hereby authorized:

A. To designate by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, in his opinion, there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary.

B. To establish safety zones of such kind and character and at such places, as he may deem necessary for the protection of pedestrians.

C. To mark lanes for traffic on street pavement at such places, as he may deem advisable, consistent with the traffic laws of the town and the state.

D. The council may adopt further rules and regulations from time to time, as they deem necessary for the safety and efficient use of the town roads by the public.

Section 12-2-6 Authority to Place and Obedience to Turning Markers

A. The town manager or his designee is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law.

B. When authorized markers; buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the directions of such indications.

Section 12-2-7 Authority to Place and Obedience to Restricted Turn Signs

A. The town manager or his designee is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn and shall have proper signs placed at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs, or such signs may be removed when such turns are permitted.

B. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.

Section 12-2-8 One-Way Streets and Alleys

A. The council shall by resolution designate any streets or alleys which are to be limited to one-way traffic.

B. When any resolution of the council designates any one-way street or alley, the town shall place and maintain signs giving notice thereof, and no such regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

Section 12-2-9 Regulation of Traffic at Intersections

A. The council shall by resolution designate through streets, intersections where stops are required, and intersections where vehicles shall yield the right of way.

B. When any resolution of the council shall designate any through street or intersection where vehicles are to stop or yield the right of way, the town manager or his designee shall erect and maintain the appropriate signs at every location where a vehicle must stop or yield the right of way.

C. Whenever any laws of the town designate and describe a through street, it shall be the duty of the town to place and maintain a stop sign on each and every street intersecting such through street or intersecting that portion thereof described and designated as such by the laws of the town.

Section 12-2-10 Drivers to Obey Signs

Whenever traffic signs are erected as provided in this chapter, every driver of a vehicle shall obey such signs unless directed to proceed by the town marshal, a member of the Marshal's Office or a traffic control signal. No driver shall drive upon or through any private property such as an oil station, vacant lot or similar property to avoid obedience to any regulation included in this chapter.

Section 12-2-11 Processions

A. No procession or parade, except funeral processions, shall be held without first securing a permit from the town marshal, and all such requests for permits shall state the time, place of formation, proposed line of march, destination and such other regulations as the town marshal may set forth therein.

B. A funeral procession composed of a procession of vehicles shall be identified by such methods as may be determined and designated by the town marshal.

C. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously a part of the procession.

D. Each driver in a funeral or other procession shall drive as near to the right hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe.

Section 12-2-12 Regulation of Motorized Play Vehicles and Motorized Skateboards

A.      DEFINITIONS 

1.       Motorized Skateboard:  A self-propelled device that has a motor, a deck on which a person may ride and at least two (2) tandem wheels in contact with the ground and which is not otherwise defined under Arizona Law (ARS 28), as a “motor vehicle”, “motor driven cycle”, or “motorized wheelchair”.

2.       Motorized Play Vehicle:  A coaster, scooter, any other alternatively fueled device (excluding battery operated toy carts designed for children under the age of eight (8) years to ride in or on) or other motorized vehicle that is self-propelled by a motor or engine and which is not otherwise defined under Arizona Law (ARS 28), as a “motor vehicle”, “motor-driven cycle”, or “motorized wheelchair”.

B.    GENERAL OPERATING RESTRICTIONS

1.       No person under the age of 14 may operate a motorized play vehicle or motorized skateboard within the town limits of Camp Verde, except when authorized on private property.  

C.      APPLICABILITY OF TRAFFIC LAWS:

Traffic laws such as those regulating red lights, stop signs, crosswalks, speeding, yielding, and movements on the roadway also apply to motorized vehicles and motorized skateboards.   

Motorized play vehicles and motorized skateboards may be operated on a designated bicycle path or lane, but motorized play vehicle and motorized skateboard operators shall yield at all times to other users.  The Town of Camp Verde also prohibits the following:  

1.       Carrying passengers when in operation or motion. 

2.       Attaching a motorized play vehicle or motorized skateboard in any manner to any  other vehicle or person. 

3.       Carrying any package or bundle that prevents the operator from keeping his/her hands on the steering mechanism. 

4.       Structurally or mechanically altering the original manufacturer’s design.

5.       Transporting extra fuel in a separate container or altering the fuel reservoir. 

6.       Riding motorized play vehicle or motorized skateboard two abreast on a roadway. 

Motorized play vehicle and motorized skateboard operators are required to ride as close as practical to the right-hand curb or edge of the roadway except when passing other vehicles, preparing for left turns, or when reasonably necessary to avoid hazardous conditions.

Required safety equipment:

1.       A brake that enables the operator to make a braked wheel(s) skid on dry pavement.

2.       A protective helmet (if under the age of 18) which meets the minimum standards of testing and safety inspection by the bicycle industry.

3.       Footwear that completely covers the feet and toes and includes a sole.

4.       Protective glasses, goggles, or a transparent shield.

D.      PROHIBITED AREAS OF OPERATION:

No person shall ride upon, in or by means of any motorized play vehicle or motorized skateboard, the following prohibited areas of operation: 

1.   On any sidewalk in the Town or Town Parks.

2.       On any street, roadway, or highway with a posted speed limit of greater than 25 mph.

3.       On any public property not held open to public vehicle use.    

4.       On any private property without the written permission of the owner. 

5.       On a public right-of-way, including streets, roadways and alleyways, except during daylight hours.     

E.  PENALTIES:

Violations of Camp Verde Town Code is a civil traffic violation and will be prosecuted and punished in the same manner by law as other civil traffic violations.  Parents are ultimately responsible for the actions and safety of their children.  No parent, guardian, or custodian or a child under 18 years of age shall authorize or knowingly permit the child to violate this section.   

 

ARTICLE 12-3

PARKING

12-3-1 Method of Parking

12-3-2 Blocking Traffic

12-3-3 Parking Adjacent to Schools

12-3-4 Authority to Erect Signs Restricting Parking

12-3-5 Parking Vehicles on Sidewalks

12-3-6 Handicapped Parking

Section 12-3-1 Method of Parking

A. Except as otherwise provided by resolution of the council, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of such vehicle parallel to and within eighteen inches of the right hand curb.

B. Except as otherwise provided, where there is no adjacent curb, vehicles should be parked off main traveled portion of roadway facing in direction of travel.

C. It is a civil traffic violation for anyone to leave any type of vehicle unattended without first having secured such vehicle to prevent it from rolling or moving, so as to constitute a hazard.

Section 12-3-2 Blocking Traffic

A. It is a civil traffic violation for any person to stop, stand or park any vehicle upon a street in the town in such a manner or under such conditions as to leave available less than twenty feet of the width of the roadway for the free movement of vehicular traffic, except that a person may stop temporarily, in the actual loading or unloading of passengers, or when necessary, in the observance of traffic signs or signals of a police officer.

B. It is a civil traffic violation for any person to park a vehicle within an alley or entrance to a private driveway except for the loading or unloading of materials, and such loading or unloading of materials can only be done when it can be accomplished without blocking the alley to the free movement of vehicular traffic.

Section 12-3-3 Parking Adjacent to Schools

When signs are erected indicating no parking on that side of the street adjacent to any school property, no person shall park a vehicle in any such designated place for one hour before school opens until one hour after school closes on any school day.

Section 12-3-4 Authority to Erect Signs Restricting Parking

The town manager, upon approval by the council, may cause to be placed signs requiring parking at an angle to the curb, notifying drivers that parking is prohibited, or restricting parking in any way that may be necessary. No parking restrictions shall become effective until such restricted parking area is specifically designated by resolution of the council, and signs have been erected as authorized by this section. It is a civil traffic violation for any person to stop or stand a vehicle in disobedience to such parking restrictions.

Section 12-3-5 Parking Vehicles on Sidewalks

It is a civil traffic violation for any person to park any vehicle, whether in usable condition or not, or for an owner to permit his vehicle to be parked upon any sidewalk in the town.

Section 12-3-6 Handicapped Parking

No person may stop, stand or park a motor vehicle within any parking space marked and designated for handicapped parking pursuant to ARS 28-883.C (as amended) unless the motor vehicle is transporting a person who has been issued a valid placard or international symbol of access special plates, and either the motor vehicle displays a valid removable windshield placard, or special plates which are currently registered to the vehicle, as provided by law.

A. If a law enforcement officer finds a motor vehicle in violation or this ordinance, the officer may issue a complaint to the operator, person in charge of the motor vehicle, or, if neither is present, to the registered owner of the vehicle, for a civil traffic violation. The minimum civil sanction, if the court finds the party responsible, shall be fifty dollars ($50.00), plus the penalty assessments prescribed by statute.

B. The posting of the handicapped parking designations by owners or persons having control of a parking lot or parking area for business customers shall authorize law enforcement officers to enforce the provisions of this ordinance and related state statutes in that parking lot or area, and a waiver of any prior consent for access to the property.

C. Any person who is chauffeuring a physically disabled person, as defined in ARS 28-378.J.3 (as amended), shall be allowed, without a placard or special access plates, to park momentarily in a handicapped designated space for the purpose of loading or unloading such disabled person.

CHAPTER 13

PARKS AND RECREATION

LIBRARY

Article 13-1

PARKS AND RECREATION CODE

13-1-1 General Provisions

13-1-2 Fees

13-1-3 Rules and Regulations

13-1-4 Interpretation of Rules

13-1-5 Penalty

Section 13-1-1 General Provisions

Section 13-1-2 Fees

The Council may, from time to time, establish and set, by resolution, the amount of charges for all activities sponsored by the parks and recreation department or for use of park property or facilities of the Town.

Section 13-1-3 Rules and Regulations

The Council may adopt rules, regulations, and fee schedules for use of Town parks, recreation areas, and facilities by resolution.

Section 13-1-4 Interpretation of Rules

A. The Town Council shall interpret these rules and regulations and may act in any case not specifically covered herein.

B. Any request not contemplated by the provisions of this article or any refusal of a permit request may be appealed to the town manager, which may at his discretion decide such appeal or refer it to the council.

Section 13-1-5 Penalty

Violations of this article shall be a class 3 misdemeanor.

Article 13-2

LIBRARY POLICIES AND PROCEDURES

The Council may adopt rules, regulations, and fee schedules for use of Town library by resolution.

A. That certain document known as Camp Verde Public Library Policies and Procedures, three copies of which are on file in the office of the town clerk, which document was made a public record by Resolution 93-223, is hereby referred to, adopted and made a part hereof as if fully set out in this article.

B. Violation of subsection A of this section including any regulations adopted by reference shall be a petty offense upon a first offense and upon a subsequent offense a class 3 misdemeanor. Repeat offenders may also be denied any library privileges.

 

CHAPTER 14

EMPLOYMENT

SECTION 14-1 CRIMINAL RECORD CHECKS FOR PROSPECTIVE TOWN EMPLOYEES:

1. Fingerprinting of Applicants. All applicants for employment with the Town of Camp Verde must submit a full set of fingerprints on forms provided by the Marshal's Office for obtaining a state and federal criminal records check.

2. Use of Department of Public Safety. The Arizona Department of Public Safety is hereby authorized to exchange the fingerprint data with the Federal Bureau of Investigation pursuant to ARS 41-1750 and Public Law 92-544

3. Conditional Acceptance of Employment. Applicants may submit their employment application forms and fingerprint cards for processing up to 10 days before selection by the Town of a candidate. Any employment by the Town is subject to results of the criminal records check, and, if an applicant has been notified of his or her selection and has temporarily assumed a position with the Town, such position may be vacated at the option of the Town depending on the criminal history results.

CHAPTER 15

MANNER OF ELECTIONS