Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be demolished and removed or made code compliant, as the Building Official deems necessary and as provided for in “the Town Building Code” or other ordinances or regulations of this jurisdiction. A vacant structure that is not secured against entry shall be deemed unsafe.
If an unsafe condition is found, the Building Official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Building Official acceptance or rejection of the terms of the notice.
A. Delivered to the owner personally, or;
B. Sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested, or;
C. Delivered in any other manner as prescribed by local law.
If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
When, in the opinion of the Building Official, there is imminent danger of failure or collapse of a building, equipment or system that endangers life, or when any building or part of a building has fallen and life is endangered by the occupation of the building, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the Building Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Building Official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Building Official.” It shall be unlawful for any person to remove such notice, to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.
Notwithstanding other provisions of “the Town Building Code”, whenever, in the opinion of the Building Official, there is imminent danger due to an unsafe condition, the Building Official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as deemed necessary to meet such emergency.
When necessary for public safety, the Building Official shall work closely with other public safety agencies and may temporarily close structures and order the authority having jurisdiction to close sidewalks, streets, public ways, and places adjacent to unsafe structures, and prohibit the same from being utilized.
When a condition of imminent danger exists, the Building Official may employ the necessary labor and materials to perform the required work as expeditiously as possible. In addition to all other remedies available to the Town under the law, equity, statute or Town Code the Town may institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of costs incurred for emergency repairs.
The Building Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
The structure or equipment determined to be unsafe by the Building Official is permitted to be restored to a code compliant condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 7.1.4 and “the Town Building Code”.
The Building Official, in conjunction with other public safety agencies, shall establish a hazard identification marking system to provide personnel responding to a fire or other emergency with a visual identification marking that the property is vacant, abandoned, or unsafe.
7-2-1 Amendments To The International Building Code7-2-2 Amendments To The International Residential Code7-2-3 Amendments To The International Mechanical Code7-2-4 Amendments To The National Electrical Code7-2-5 Amendments To The International Plumbing Code7-2-6 Amendments To The International Fuel Gas Code7-2-7 Amendments To The International Existing Building Code7-2-8 Amendments To The International Energy Conservation Code7-2-9 Amendments To The International Property Maintenance Code7-2-10 Amendments To The International Wildland-Urban Interface Code7-2-11 Amendments To The International Swimming Pool And Spa Code7-2-12 Amendments To The International Fire Code
HISTORY
Amended by Ord. 126-98 on 5/20/1998
Repealed by Ord. 188-00 on 10/4/2000
Amended by Ord. 797-22 on 10/19/2022
The following provision of the International Building Code, 2021 Edition, as published by the International Code Council, is hereby amended or modified as follows:
CHAPTER 1
ADMINISTRATION
Chapter 1, “Administration”, is hereby deleted except as follows: For administration of this Code, refer to Article 7-1 of the Town Code.
CHAPTER 2
DEFINITIONS
Chapter 2 Definitions is hereby amended by adding the following definitions
"PERSONAL CARE SERVICE" The care of persons who do not require medical care. Personal care involves responsibility for the safety of persons while inside the building. Assistance with activities of daily living that can be performed by persons without professional skills or professional training and includes the coordination or provision of intermittent nursing services and administration of medications or treatments.
"SUPERVISORY CARE SERVICE" General Supervision, including daily awareness of resident functioning and continuing needs.
"DIRECTED CARE SERVICE" Care of residents, including personal care services, who are incapable of recognizing danger, summoning assistance, expressing need, or making basic care decisions.
"ASSISTED LIVING FACILITY" A residential care institution, including adult foster care, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuing basis.
"ASSISTED LIVING CENTER" An assisted living facility that provides resident rooms or residential units to eleven or more residents.
"ASSISTED LIVING HOME" An assisted living facility that provides resident rooms to ten or fewer residents.
CHAPTER 3
USE AND OCCUPANCY CLASSIFICATION
Sections 308.2.3, 308.2.4, 308.3, 308.3.2, 310.5, 310.5.1, and 310.5.2 are hereby amended to read as follows:
INSTITUTIONAL GROUP I
308.2.3 Six to 10 Persons receiving care. A facility such as above, housing not fewer than six and not more than 10 persons receiving such care, may be classified as Group R-4.
308.2.4 Five or fewer persons receiving care. A licensed care facility such as above with five or fewer persons receiving care shall be classified as a Group R-3 and shall comply with the International Residential Code.
308.3 Institutional Group I-2. This occupancy shall include buildings and structures used for medical care on a 24-hour basis for more than five persons who are incapable of self-preservation. This group shall include, but not be limited to, the following:
Foster care facilities
Detoxification facilities
Hospitals Nursing homes
Assisted Living Centers
Psychiatric hospital
308.3.2 Five or fewer persons receiving care. A licensed care facility such as above with five or fewer persons receiving care shall be classified as a Group R-3 and shall comply with the International Residential Code.
310.5 Residential Group R-4. A licensed care facility for more than 5 but not more than 10 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care, within a single-family dwelling. The persons receiving care are capable of self-preservation, except as provided for assisted living homes. This group shall include, but not be limited to, the following:
Alcohol and drug centers
Assisted living facilities
Assisted living homes
Congregate care facilities
Convalescent facilities
Group homes
Halfway houses
Residential board and custodial care facilities
Social rehabilitation facilities
Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3 and Section 425.
310.5.1 Condition 1. This occupancy condition shall include facilities licensed to provide supervisory care services, in which occupants are capable of self-preservation by responding to an emergency situation without physical assistance from staff. Condition I facilities housing more than 10 persons shall be classified as Group I-1.
310.5.2 Condition 2. This occupancy condition shall include facilities licensed to provide personal or directed care services, in which occupants are incapable of self- preservation by responding to an emergency situation without physical assistance from staff. Condition 2 facilities housing more than 10 persons shall be classified as Group I-2.
SECTION 429
RESIDENTIAL CARE/ASSISTED LIVING HOMES
Add a new Section 429 as follows:
429.1 Applicability. The provisions of this section shall apply to a building or part thereof housing not more than 10 persons, excluding staff, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment, which provides licensed care services.
Except as specifically required by this division, R-4 occupancies shall meet all the applicable provisions of Group R-3.
429.2 General. Building or portions of buildings classified as R-4 may be constructed of any materials allowed by this code, shall not exceed two stories in height nor be located above the second story in any building and shall not exceed two thousand square feet above the first story, except as provided in Section 506.
429.3 Special Provisions. R-4 occupancies having more than 2000 square feet above the first story shall be of not less than one-hour fire-resistive construction throughout.
429.3.1 Mixed Uses. R-4 occupancies shall be separated from other occupancies as provided in Table 508.4.
429.4 Access and Means of Egress Facilities
429.4.1 Accessibility. R-4 occupancies shall be provided with at least one accessible route as provided in Section 1104.1.
429.4.2.1 Number of Exits. Every story, basement, or portion thereof shall have not less than two exits.
Exception: Basements and stories above the first floor containing no sleeping rooms used by residents may have only one means of egress as provided in Chapter 10.
429.4.2.2 Distance to Exits. The maximum travel distance shall comply with Section 1016, except that the maximum travel distance from the center point of any sleeping room to an exit shall not exceed 75 feet.
429.4.2.3 Emergency Exit Illumination. In event of a power failure, exit illumination shall be automatically provided from an emergency system powered by storage batteries or an onsite generator set installed in accordance with the International Electric Code.
429.4.2.4 Emergency Escape and Rescue. R-4 occupancies shall comply with the requirements of Section 1029, except that Exception #1 to 1029 does not apply to R-4 occupancies.
429.4.2.5 Delayed Egress Locks. In R-4 Condition 2 occupancies, delayed egress locks shall be permitted in accordance with 1008.1.9.7, Items 1, 2, 4, 5, and 6.
429.5 Smoke Alarms and Sprinkler Systems.
429.5.1 Smoke Alarms. R-4 occupancies shall be provided with smoke alarms installed in accordance with 907.2.11.2, and such alarms shall be installed in all habitable rooms.
429.5.2 Sprinkler Systems. R-4 occupancies shall be provided with a sprinkler system installed in accordance with 903.3.1.3. Sprinkler systems installed under this section shall be installed throughout, including attached garages, and in Condition 2 facilities, shall include concealed spaces of or containing combustible materials. Such systems may not contain unsupervised valves between the domestic water riser control valve and the sprinklers. In Condition 2 occupancies, such systems shall contain water flow switches electrically supervised by an approved supervising station, and shall sound an audible signal at a constantly attended location.
CHAPTER 5
GENERAL BUILDING HEIGHTS AND AREA LIMITATIONS
Section 502.1 is amended to read as follows:
502.1 Address identification. Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters or per the Town Code, whichever is the more restrictive. Numbers shall be the minimum size required by the Fire Department or other Town requirements, whichever is more restrictive.
CHAPTER 9
FIRE PROTECTION SYSTEM
Sections 903.2 through 903.2.11.3 are deleted in their entirely and amended as follows:
903.2 Where required. All new building and structures shall be provided with an automatic sprinkler throughout.
Exceptions:
1. Detached single-family dwellings, Group R-3 and their associated detached accessory structures not including Group R-4.
2. Detached telecommunication buildings not exceeding 600 square feet in floor area and not intended for occupancy other than maintenance purposes.
3. Detached accessory use structures such as gazebos, ramadas, guardhouses, restroom buildings at golf courses, parks and similar uses.
4. Detached canopies of type I or II construction not exceeding 3000 square feet in roof area located a minimum of 10 feet from buildings, structures and property lines.
5. Fire rated fabric shade canopies of type I or II framing construction not in excess of 3000 square feet in roof area located a minimum of 10 feet from buildings, structure
6. Portable storage containers of type I or II construction not in excess of 360 square feet located a minimum of 10 feet from buildings structures, property lines and other containers, with no hazardous materials storage.
7. Factory built buildings less than 1,500 square feet used as temporary offices for real estate leasing or construction management and not to exceed 12 months from installation date.
8. Detached U occupancies of less than 3,000 square feet and located a minimum of 10 feet from buildings, structures and property lines.
9. Covered walkways of type I or II construction with no combustible storage underneath and approved by the fire code official.
903.2.1 Additions to Existing Buildings and Structure. Added as follows: All additions to existing buildings or structures and all buildings or structures that are expanded by an addition(s) shall be provided with an approved automatic fire sprinkler system throughout all levels complying with section 903.2.
Exception: The maximum aggregate fire area of an addition (s) is less than 1,000 square feet or 10% of the floor area of the existing building or structure, whichever is less.
903.2.2 Change of Occupancy within hazard level 1. Added as follows: An automatic fire sprinkler system shall be installed when a building, regardless of the building area, undergoes a change of occupancy within hazard level 1 as defined by table 903.2.5
903.2.3 Change of Occupancy over 5,000 square feet. Added as follows: An automatic fire sprinkler system shall be installed in any building 5,000 square feet or greater that undergoes any change of occupancy.
903.2.4 Change of Occupancy less than 5,000 square feet. Added as follows: An automatic fire sprinkler system shall be installed in any building less than 5,000 square feet that undergoes a change of occupancy to a higher Level as defined by Table 903.2.5.
Table 903.2.5 Existing Building Hazard Levels
Hazard Level
| Building Occupancy Type*
|
1 (highest)
| A, H, I, R-1, R-2, R-4
|
2
| F-1, S-1
|
3
| E, F-2, S-2
|
4 (lowest)
| B, M, R-3, U
|
* Occupancies as defined in the Town of Queen Creek Building Code
CHAPTER 11
ACCESSIBILITY
Sections 1101.1, 1102.1, and 1103.2.3.1 are amended to read as follows:
Section 1101.1 Scope.
1101.1 Scope. The provisions of this chapter and Arizona Revised statutes, ARS sections 41-1492 through 41-1492.12 shall control the design and construction of facilities for accessibility to physically disabled persons.
1102.1 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC A117.1 and in accordance with provisions State of Arizona Attorney General Administrative Rules R10-3-401 through R-10-3-404 (2010 ADA Standards for Accessible Design, referred to as "2010 Standards", adopted by the U.S. Department of Justice), whichever standard provides the greatest degree of accessibility.
Exception: 2017 STANDARD: 304.3 Size. Turning spaces shall comply with Section 304.3.1 or 304.3.2.
304.3.1 Circular Space.
304.3.1.1 New buildings and facilities. In new buildings and facilities, The turning space shall be a circular space with a 67 inch (1700 mm) minimum diameter.
304.3.1.1.1 Overlap. Turning spaces shall be permitted to include knee and toe clearance complying with Section 306. Where the turning space includes knee and toe clearances under an obstruction, the overlap shall comply with all of the following:
1. The depth of the overlap shall not be more than 10 inches (255 mm), and
2. The depth shall not exceed the depth of the knee and toe clearances provided, and
3. The overlap shall be permitted only within the turning circle area shown shaded in Figure 304.3.1.
304.3.1.2 Existing buildings and facilities. In existing buildings and facilities, the turning space shall be a circular space with a 60 inch (1525 mm) minimum diameter
1103.2.3.1 Detached Dwellings.
Section 1103.2.3.1 is added to read as follows:
1103.2.3.1 Home Occupations. Home occupations as defined in the Town Code are not required to be accessible. For all other combinations of businesses in Group R occupancies, the business portion shall be accessible and shall include a minimum of one accessible toilet room and an accessible route from the business portion to the accessible toilet room, accessible parking space and public sidewalk.
APPENDICES
The following appendices are adopted:
Appendix C, Group U - Agricultural Buildings
Appendix I, Patio Covers
Appendix J, Grading
HISTORY
Amended by Ord. 797-22 on 10/19/2022
The following provision of the International Residential Code, 2021 Edition, published by the International Code Council, is hereby amended, or modified as follows:
CHAPTER 1
ADMINISTRATION
Chapter 1, “Administration”, is hereby deleted except as follows: For administration of this Code, refer to Article 7-1 of the Town Code.
CHAPTER 3
BUILDING PLANNING
Sections Table R301.2, R302.1, R302.1.1, R302.1.2, R302.2.6, R302.5.1, R310.1, R310.4.3, R313, R319.1, and R331.1 are amended to read as follows:
Table R301.2 Climatic and Geographic Design Criteria.
Insert the following information into Table R301.2:
Ground Snow Load: Zero
Wind speed: 100 mph, Exposure C
Seismic Design Category: B
Weathering: NEGLIGIBLE
Frost Line Depth: 12”
Termite: MODERATE TO HEAVY
Decay: NONE TO SLIGHT
Winter Design Temperature: 32 degrees F
Ice Barrier Underlayment Required: NO
Flood Hazards: (a) October 16, 2013 (Maricopa County); (b) December 4, 2007 (Pinal County)
Air Freezing Index: NO Mean Annual Temp: 70º F
SECTION R302
FIRE-RESISTANT CONSTRUCTION
Section R302.1 Exterior walls is amended to read as follows:
R302.1 Exterior walls. Exterior walls with a fire separation distance less than 3 feet (914mm) shall have not less than a one-hour fire-resistive rating with exposure from both sides. Projections shall not extend to a point closer than 2 feet (610 mm) from the line used to determine the fire separation distance. Exterior walls of detached ADUS shall meet the fire separation distance requirements of Section R302 between the main single family residence and any detached ADU, and also between multiple detached ADUS on the same lot.
Exception: Detached garages accessory to a dwelling located within 2 feet of a lot line may have roof eave projections not exceeding 4 inches.
Section R302.1.1 is added to read as follows:
R302.1.1 Projections. Projections with a fire separation distance less than 3 feet (914mm) shall have one-hour fire-resistive construction on the underside. The above provisions shall not apply to walls which are perpendicular to the line used to determine the fire separation distance. Projections from the exterior walls of detached ADUS shall meet the fire separation distance requirements of Section R302 between the main single family residence and any detached ADU, and also between multiple detached ADUS on the same lot.
Exception: Tool and storage sheds, playhouses and similar structures exempted from permits are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line.
Add a new Section R302.1.2 to read as follows:
R302.1.2 Openings. Openings shall not be permitted in the exterior wall of a dwelling or accessory building with a fire separation distance less than 3 feet (914 mm). The above provisions shall not apply to walls which are perpendicular to the line used to determine the fire separation distance. Openings in the exterior walls of detached ADUS shall meet the fire separation distance requirements of Section R302 between the main single family residence and any detached ADU, and also between multiple detached ADUS on the same lot.
Section R302.2.6 Structural Independence.
Add an Exception 7 to read as follows: 7. Post tensioned slabs and foundations.
Section R302.5.1 Opening Protection.
Section R302.5.1 is hereby amended to read as follows:
R302.5.1 Opening Protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in thickness, solid or honeycomb-core steel doors not less than 1 3/8 inches (35 mm) thick, or 20-minute fire-rated doors, equipped with a self-closing device.
SECTION R310
EMERGENCY ESCAPE AND RESCUE OPENINGS
R310.1 Emergency Escape and Rescue Openings Exception 3 is hereby amended to read as follows:
3. A yard shall not be required to open directly into a public way where the yard opens to an unobstructed path from the yard to the public way.
R310.4.3 Drainage is hereby deleted in its entirety.
SECTION R313
AUTOMATIC FIRE SPRINKLERS
Section R313 is hereby deleted in its entirety.
SECTION R319
SITE ADDRESS
Section R319.1 Address identification is hereby revised by adding the following a paragraph:
These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters or per the Town Code, whichever is the more restrictive. Numbers shall be the minimum size required by the Fire Department or other Town requirements, whichever is more restrictive.
SECTION R331
MODEL HOME COMPLEX
Add a new section 331 to read as follows:
R331.1 Model Home Complex. At least one single family dwelling as part of a model home complex as described in Town Codes and Ordinances shall have a no-step entrance.
Residential single-family dwellings, as part of a model home complex, as described in Town Codes and Ordinances, shall have a route of travel as described herein. The route of travel shall be a continuous no–step path connecting each subdivision sales office or public way to the primary entry. The route of travel shall conform to the following requirements:
1. The running slope shall not exceed 1:12.
2. Routes of travel complying with this section are not required to have handrails.
3. The route of travel shall be a firm, stable, and slip resistant surface for a minimum width of 36 inches (914 mm) continuous and clear for a height of 7 feet above the route.
4. The entry to the model home shall have a maneuvering space of a minimum 48 inches (1219 mm) by 48 inches (1219 mm) on the exterior side of the entry door.
5 . The threshold at the entry shall not exceed ½ inch (13 mm).
6 . The no step entry shall be identified by a readily viewable sign.
If public restrooms are provided for residential development models, such restroom facilities shall be accessible and shall be provided by either of the following methods:
1. Converting one ground model home restroom into an ADA accessible unisex facility; or
2 . Providing one ADA accessible unisex portable toilet and hand washing unit located on an accessible route. The accessible portable toilet facility shall be removed when the sales office is permanently closed.
CHAPTER 4
FOUNDATIONS
Section R403.1.1 is amended to add an exception to read as follows:
Section R403.1.1 MINIMUM SIZE
Exception:
For enclosure of existing carports and patio covers, nonbearing wood-framed exterior walls within the projection of the existing roof may be supported on an existing, uncracked concrete slab. The minimum slab thickness shall be 3½ inches and the construction shall comply with the requirements of R319 for protection against decay.
CHAPTER 6
WALL CONSTRUCTION
Section R609.4.1 is hereby deleted.
CHAPTER 7
WALL COVERING
Section R703.7.2.1 Is amended to read as follows:
Section R703.7.2.1 Weep screeds Add the following exception:
Exception: At no-step entries to a residence a weep screed may be installed over an approved drain channel. The drain channel shall drain to an approved area.
CHAPTER 11
ENERGEY EFFICIENCY
Sections R102.1.2, R401.2.5, Table R402.1.2, Table R402.2.3, Table R402.4.1.1, R402.4.6, R403.3.2, R403.3.5, R403.6.3, R404.1, R404.1.1, R404.2, Table R406.5, R406.3, R406.3.2, R406.4, and R408 are hereby amended as follows:
R102.1.2 RESNET Testing & Inspection Protocol is hereby amended to read as follows:
The Residential Energy Services Network (RESNET) Mortgage Industry National Home Energy Rating System Standard Protocol for third party testing and inspections, shall be deemed to meet the requirements of sections R402.4.1.1, R402.4.1.2 and R403.3.5 and shall meet the following conditions:
1 . Third Party Testing & Inspections shall be completed by RESNET certified Raters or Rating Field Inspectors and shall be subject to RESNET Quality Assurance Field Review Procedures.
2. Sampling in accordance with Chapter 6 of the RESNET Standards shall be performed by Raters or Rating Field Inspectors Working under a RESNET Accredited Sampling Provider.
3 . Third Party Testing is required for the following items:
a . R402.4.1.1 – Building Envelope – Thermal Air Barrier Checklist
b . R402.4.1.2 – Testing – Air Leakage Rate
c . R403.3.5 – Sealing – Duct Tightness
d . Any other testing required under the code.
4 . Alternate testing and inspection programs and protocols shall be allowed when approved by the Code Official.
R401.2.5 Additional energy efficiency is hereby deleted in its entirety.
Table R402.1.2 Maximum Assembly U-Factors and Fenestration Requirements. Climate Zone 2, Ceiling U-Factor is amended to read: 0.30.
Table R402.1.3 Insulation Minimum R-Values and Fenestration Requirements by Components. Climate Zone 2, Ceiling R-Factor is amended to read: 38.
Table R402.4.1.1 Air Barrier, Air Sealing and Insulation Installation, Air Barrier Criteria Insulation is hereby amended by deleting the following: The junctions of the rim board to the sill plate and the rim board and the subfloor shall be air sealed.
R402.4.6 Electrical and communication outlet boxes (air-sealed boxes) is hereby amended to read as follows:
Where air-sealed boxes are required by Table R402.4.1.1, electrical and communication boxes shall comply with all of the following:
1 . Be tested in accordance with NEMA OS 4, Requirements for Air-Sealed Boxes for Electrical and Communication Applications.
2 . Have an air leakage rate of not greater than 2.0 cubic feet per minute (0.944 L/s) at a pressure differential of 1.57 psf (75 Pa).
3 . Be marked “NEMA OS 4” or “OS 4” in accordance with NEMA OS 4.
4 . Be installed per the manufacturer’s instructions and with any supplied components required to achieve compliance with NEMA OS 4.
R403.3.2 Ducts located in conditioned space. Item 3 is amended to read as follows:
3 . Ductwork in floor cavities located over unconditioned space shall comply with all of the following:
3. 1 A continuous air barrier installed between conditioned space and the duct.
3. 2 Insulation installed in accordance with Section 402.2.7.
3. 3 A minimum R-19 R-10 insulation installed in the cavity width separating the duct from unconditioned space.
R403.3.5 Duct Testing. Is hereby amended to read as follows:
Ducts shall be pressure tested in accordance with ANSI/RESNET/ICC 380 or ASTM E1554 to determine air leakage by one of the following methods:
1 . Rough-in test: Total leakage shall be measured with a pressure differential of 0.1 inch w.g. (25Pa) across the system, including the manufacturer’s air handler enclosure if installed at the time of the test. Registers shall be taped or otherwise sealed during the test.
2 . Post construction test: Total leakage shall be measured with a pressure differential of 0.1 w.g. (25 Pa) across the entire system, including the manufacturer’s air handler enclosure. Registers shall be taped or otherwise sealed during the test.
Exceptions:
1. A duct air-leakage test shall not be required where the ducts and air handlers are located entirely within the building thermal envelope.
2. A duct air-leakage test shall not be required for ducts serving heating, cooling or ventilation systems that are not integrated with ducts serving heating or cooling systems.
R403.6.3 Testing is hereby deleted in its entirety.
R404.1 Lighting equipment. Is hereby amended to read as follows: Not less than 90 percent of the permanently installed lighting fixtures, excluding kitchen appliance lighting fixtures, shall contain only high-efficacy lighting sources.
R404.1.1 Exterior lighting is hereby deleted in its entirety.
R404.2 Interior lighting controls is hereby deleted in its entirety.
Table R406.5 MAXIMUM ENERGY RATING INDEX Climate Zone 2, Energy Rating Index is amended to read 57.
R406.3 Building thermal envelope. Is amended to read as follows:
The proposed total building thermal envelope UA, which is sum of U-factor times assembly area, shall be less than or equal to the building thermal envelope UA using the prescriptive U-factors from Table R402.1.2 multiplied by 1.15 in accordance with Equation 4-1. The area- weighted maximum fenestration SHGC permitted in Climate Zones 0 through 3 shall be 0.30. (Equation 4-1)
R406.3.2 On-site renewables are included is hereby deleted in its entirety.
R406.4 Energy Rating Index is hereby amended to read as follows:
The Energy Rating Index (ERI) shall be determined in accordance with RESNET/ICC 301 except for buildings covered by the International Residential Code, the ERI shall be permitted to be calculated using the minimum total air exchange rate for the rated home (Qtot) and for the index adjustment factor in accordance with Equation 4.2.
Ventilation rate (Qtot), CFM = (0.01 x total square foot area of house) + [7.5 x (number of bedrooms + 1)] (Equation 4-2)
Energy used to recharge or refuel a vehicle used for transportation on roads that are not on the building site shall not be included in the ERI reference design or the rated design. For compliance purposes, any reduction in energy use of the rated design associated with on-site renewable energy shall not exceed 15 percent of the total energy use.
SECTION R408
ADDITIONAL EFFICIENCY OPTIONS
Additional Efficiency Options is hereby deleted in its entirety.
SECTION M1503
DOMESTIC COOKING EXHAUST EQUIPMENT
Section M1503.6 is amended as follows:
M1503.6 Makeup air required. Where one or more gas, liquid or solid fuel-burning appliance that is neither direct-vent nor uses a mechanical draft venting system is located within a dwelling unit’s air barrier, each exhaust system capable of exhausting in excess of 400 cubic feet per minute (0.19 m3/s) shall be mechanically or passively provided with makeup air at a rate approximately equal to the difference between the exhaust air rate and 400 cubic feet per minute. Such make up air systems shall be equipped with not fewer than one damper complying with Section M1503.6.2.
Exception: Makeup air is not required for exhaust systems installed for the exclusive purpose of space cooling and intended to be operated only when windows or other air inlets are open.
SECTION P2905
HEATED WATER DISTRIBUTION SYSTEMS
P2905.3 Length of Hot Water Piping to Fixtures is hereby deleted in its entirety.
SECTION 3902
GROUND-FAULT AND ARC-FAULT CIRCUIT INTERRUPTER PROTECTION
Section E3902.2 Garage and accessory building receptacles is hereby amended by adding the following exceptions:
Exceptions:
1. Receptacles that are not readily accessible.
2 . A single receptacle or a duplex receptacle for 2 applications located within dedicated space for each appliance that in normal use is not easily moved from one place to another, and that is cord-and- plug connected.
APPENDICES
The following appendices are adopted:
Appendix B
Appendix C
Appendix D
Appendix H
Appendix K (as amended)
HISTORY
Amended by Ord. 797-22 on 10/19/2022
Amended by Ord. 852-24 on 11/6/2024
The following provision of the International Mechanical Code, 2021 Edition, as published by the International Code Council, is hereby amended or modified as follows:
CHAPTER 1
ADMINISTRATION
Chapter 1, “Administration”, is hereby deleted except as follows: For administration of this Code, refer to Article 7-1 of the Town Code.
HISTORY
Amended by Ord. 797-22 on 10/19/2022
The following provision of the National Electrical Code, 2020 Edition, as published by the National Fire Protection Association, is hereby amended or modified as follows:
ARTICLE 90
INTRODUCTION
Article 90.1 is amended to read as follows:
ARTICLE 90.1
PURPOSE
Add a new subsection (D) as to read as follows:
(D) Administration. For administration of this Code, refer to Article 7-1 of the Town Code.
210.8
GROUND FAULT CIRCUIT INTERCEPTOR PROTECTION FOR PERSONNEL.
(A) Dwelling Units is amended to read as follows:
All 125-volt, single-phase, 15- and 20-ampere receptacles installed in the locations specified in 210.8(A)(1) through (A)(11) and supplied by single-phase branch circuits rated 150 volts or less to ground shall have ground-fault circuit-interrupter protection for personnel.
Exceptions:
1. that are not readily accessible.
2. A single receptacle or a duplex receptacle for 2 applications located within dedicated space for each appliance that in normal use is not easily moved from one place to another, and that is cord-and- plug connected.
(A)(5) Is hereby amended to read: Unfinished portions or areas of the basement not intended as habitable rooms.
(F) Outdoor Outlets is hereby deleted in its entirety.
ARTICLE 230
SERVICES
230.11 is added to read as follows:
230.11 Performance Testing. All service entrance equipment and associated equipment rated 1000 amperes or more, or where otherwise required by the servicing utility company, or registered design professional shall be performance tested (high potential testing) when first installed on site. The test shall be conducted in accordance with instructions that shall be provided with the equipment. A written record of the test shall be made and shall be available to the authority having jurisdiction.
230.63 Location is amended by adding (d) to read as follows:
230.62 (d) Location. All service equipment rated at 1000 amperes or more and located inside a building shall be enclosed within a room or space separated from the rest of the building by not less than one-hour fire-resistive occupancy separation or fire barrier installed in compliance with the International Building Code.
230.67 Surge Protection is hereby deleted in its entirety.
ARTICLE 310
CONDUCTORS FOR GENERAL WIRING
Table 310-12 is amended to read as follows:
Table 310-12. Conductor Types and Sizes for 120/240-Volt and 120/208-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. Conductor types RHH, RHW, RHW-2, THHN, THHW, THW, THW-2, THWN, THWN-2, XHHW, XHHW-2, SE, USE, and USE- 2.
| Conductor (AWG or kcmil) |
Copper
| Aluminum or Copper-Clad Aluminum
| Service or Feeder Rating (Amperes) |
|
| ≤ 30ºC (86ºF)
| >30ºC (86ºF)
|
4
| 2
| 100
| - - - -
|
3
| 1
| 110
| - - - -
|
2
| 1/0
| 125
| 100
|
1
| 2/0
| 150
| 125
|
1/0
| 3/0
| 175
| 150
|
2/0
| 4/0 or two sets of 1/10
| 200
| 175
|
3/0
| 250
| 225
| 200
|
4/0
| 300
| 250
| 225
|
250
| 350
| 300
| 250
|
350
| 500
| 350
| 300
|
400
| 600
| 400
| 350
|
500
| 750
| - - - -
| 400
|
ARTICLE 406
RECEPTACLES, CORD CONNECTORS, AND ATTACHMENT PLUGS
406.9(C) Bathtub and Shower Space is amended to read:
Receptacles shall not be installed directly over a bathtub or shower stall.
Exception: In bathrooms with less than the required zone the receptacle(s) shall be permitted to be installed opposite the bathtub rim or shower stall threshold on the farthest wall within the room.
HISTORY
Amended by Ord. 797-22 on 10/19/2022
The following provision of the Uniform Plumbing Code, 2021 Edition, as published by the International Code Council, is hereby amended or modified as follows:
CHAPTER 1
ADMINISTRATION
Chapter 1, “Administration”, is hereby deleted except as follows: For administration of this Code, refer to Article 7-1 of the Town Code.
Sections 410.4, 504.6, 504.7.2, 607.2, 903.1.1, Chapter 13, and Appendix B are amended to read as follows:
SECTION 410
DRINKING FOUNTAINS
410.4 Substitution is hereby revised to read as follows:
410.4 Substitution. Where restaurants provide drinking water in a container free of charge, drinking fountains shall not be required in those restaurants. In other occupancies, where drinking fountains are required, bottled water dispensers or water coolers shall be permitted to be substituted.
SECTION 504
SAFETY DEVICES
504.6 Requirements for discharge pipe. Items number 5 and 10 are hereby revised to read as follows:
5. Discharge to an indirect waste receptor or to the outdoors.
10. Shall terminate not less than 6 inches (152 mm) and not more than 24 inches (610 mm) above the adjacent ground surface.
Section 504.7.2 An exception is hereby added to read as follows:
Exception: Where structural conditions do not permit extending the drain to the exterior, the drain may extend to and terminate not less than 6 inches (152 mm) and not more than 24 inches (610 mm) above the adjacent garage floor surface sloped to drain to the exterior.
SECTION 607
HOT WATER SUPPLY SYSTEM
Section 607.2 Hot or tempered water supply to fixtures is hereby deleted in its entirety.
SECTION 903
VENT TERMINALS
Section 903.1.1 Roof extension unprotected. Is hereby amended by inserting the number 6 as the number of inches and 152 as the number of mm.
CHAPTER 13
NONPOTABLE WATER SYSTEMS
Chapter 13 Nonpotable water systems is hereby deleted in its entirety.
APPENDIX B
RATES OF RAINFALL FOR VARIOUS CITIES.
Appendix B Rates of Rainfall for Various Cities is hereby amended to read as follows: Arizona: Queen Creek...............6.0
APPENDICES
The following appendices are adopted:
Appendix B: (as amended)
Appendix E:Appendix F:
HISTORY
Amended by Ord. 797-22 on 10/19/2022
The following provision of the International Fuel Gas Code, 2021 Edition, as published by the International Code Council, is hereby amended or modified as follows:
CHAPTER 1
ADMINISTRATION
Chapter 1, “Administration”, is hereby deleted except as follows: For administration of this Code, refer to Article 7.1 of the Town Code.
Sections 404.12, 404.12.1, 406.4, 406.4.1, 406.4.2 are amended to read as follows:
CHAPTER 4
GAS PIPING INSTALLATIONS
Section 404.12 Minimum burial depth is revised to read as follows:
404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade for metal piping and 18 inches (457 mm) for plastic piping.
404.12.1 Individual outside appliances is hereby deleted in its entirety.
Section 406.4 is hereby amended to read as follows:
406.4 Test pressure measurement. Amended to read as follows and This inspection shall be made after all piping authorized by the permit has been installed and prior to concealment. An additional inspection is required after all portions thereof which are to be covered or concealed are so concealed and before any fixtures or appliances have been attached thereto. This inspection shall include an air, Co2 or nitrogen pressure test, at which time the gas piping shall stand a pressure of not less than ten (10) pounds per square inch (68.9 kPa) gauge pressure, or at the discretion of the Administrative Authority, the piping and valves may be tested at a pressure of at least six (6) inches (152.4mm) of mercury, measured with a manometer or slope gauge. Test pressures shall be held for a length of time satisfactory to the Administrative Authority, but in no case for less than fifteen (15) minutes, with no perceptible drop in pressure. For welded piping, and piping carrying gas at pressures in excess of fourteen (14) inches (0.4m) water column pressure, the test pressure shall not be less than sixty (60) pounds per square inch (413.4 kPa) and shall be continued for a length of time satisfactory to the Administrative Authority, but in no case for less than thirty (30) minutes. These tests shall be made using air, Co2, or nitrogen pressure only and shall be made in the presence of the Administrative Authority. All necessary apparatus for conducting tests shall be furnished by the permit holder.
Sections 406.4.1 and 406.4.2 are hereby deleted in their entirety.
HISTORY
Amended by Ord. 797-22 on 10/19/2022
The following provision of the International Existing Building Code, 2021 Edition, published by the International Code Council, is hereby amended or modified as follows:
CHAPTER 1
ADMINISTRATION
Chapter 1, “Administration”, is hereby deleted except as follows: For administration of this Code, refer to Article 7.1 of the Town Code.
HISTORY
Amended by Ord. 797-22 on 10/19/2022
The following provision of the International Energy Conservation Code, 2021 Edition, as published by the International Code Council, is hereby amended or modified as follows:
CHAPTER 1
ADMINISTRATION
Chapter 1, “Administration”, is hereby deleted except as follows: For administration of this Code, refer to Article 7.1 of the Town Code.
Sections R102.1.2, R401.2.5, Table R402.1.2, Table R402.2.3, Table R402.4.1.1, R402.4.6, R403.3.2, R403.3.5, R403.6.3, R404.1, R404.1.1, R404.2, Table R406.5, R406.3, R406.3.2, R406.4, and R408 are hereby amended as follows:
R102.1.2 RESNET Testing & Inspection Protocol is hereby amended to read as follows:
The Residential Energy Services Network (RESNET) Mortgage Industry National Home Energy Rating System Standard Protocol for third party testing and inspections, shall be deemed to meet the requirements of sections R402.4.1.1, R402.4.1.2 and R403.3.5 and shall meet the following conditions:
1. Third Party Testing & Inspections shall be completed by RESNET certified Raters or Rating Field Inspectors and shall be subject to RESNET Quality Assurance Field Review Procedures.
2. Sampling in accordance with Chapter 6 of the RESNET Standards shall be performed by Raters or Rating Field Inspectors Working under a RESNET Accredited Sampling Provider.
3. Third Party Testing is required for the following items:
a. R402.4.1.1 – Building Envelope – Thermal Air Barrier Checklist
b. R402.4.1.2 – Testing – Air Leakage Rate
c. R403.3.5 – Sealing – Duct Tightness
d. Any other testing required under the code.
4. Alternate testing and inspection programs and protocols shall be allowed when approved by the Code Official.
R401.2.5 Additional energy efficiency is hereby deleted in its entirety.
Table R402.1.2 Maximum Assembly U-Factors and Fenestration Requirements. Climate Zone 2, Ceiling U-Factor is amended to read: 0.30.
Table R402.1.3 Insulation Minimum R-Values and Fenestration Requirements by Components. Climate Zone 2, Ceiling R-Factor is amended to read: 38.
Table R402.4.1.1 Air Barrier, Air Sealing and Insulation Installation, Air Barrier Criteria Insulation is hereby amended by deleting the following: The junctions of the rim board to the sill plate and the rim board and the subfloor shall be air sealed.
R402.4.6 Electrical and communication outlet boxes (air-sealed boxes) is hereby amended to read as follows:
Where air-sealed boxes are required by Table R402.4.1.1, electrical and communication boxes shall comply with all of the following:
1. Be tested in accordance with NEMA OS 4, Requirements for Air-Sealed Boxes for Electrical and Communication Applications.
2. Have an air leakage rate of not greater than 2.0 cubic feet per minute (0.944 L/s) at a pressure differential of 1.57 psf (75 Pa).
3. Be marked “NEMA OS 4” or “OS 4” in accordance with NEMA OS 4.
4. Be installed per the manufacturer’s instructions and with any supplied components required to achieve compliance with NEMA OS 4.
R403.3.2 Ducts located in conditioned space. Item 3 is amended to read as follows:
3. Ductwork in floor cavities located over unconditioned space shall comply with all of the following:
3.1 A continuous air barrier installed between conditioned space and the duct.
3.2 Insulation installed in accordance with Section 402.2.7.
3.3 A minimum R-19 R-10 insulation installed in the cavity width separating the duct from unconditioned space.
R403.3.5 Duct Testing. Is hereby amended to read as follows:
Ducts shall be pressure tested in accordance with ANSI/RESNET/ICC 380 or ASTM E1554 to determine air leakage by one of the following methods:
1. Rough-in test: Total leakage shall be measured with a pressure differential of 0.1 inch w.g. (25Pa) across the system, including the manufacturer’s air handler enclosure if installed at the time of the test. Registers shall be taped or otherwise sealed during the test.
2. Post construction test: Total leakage shall be measured with a pressure differential of 0.1 w.g. (25 Pa) across the entire system, including the manufacturer’s air handler enclosure. Registers shall be taped or otherwise sealed during the test.
Exceptions:
1. A duct air-leakage test shall not be required where the ducts and air handlers are located entirely within the building thermal envelope.
2. A duct air-leakage test shall not be required for ducts serving heating, cooling or ventilation systems that are not integrated with ducts serving heating or cooling systems.
R403.6.3 Testing is hereby deleted in its entirety.
R404.1 Lighting equipment. Is hereby amended to read as follows: Not less than 90 percent of the permanently installed lighting fixtures, excluding kitchen appliance lighting fixtures, shall contain only high-efficacy lighting sources.
R404.1.1 Exterior lighting is hereby deleted in its entirety.
R404.2 Interior lighting controls is hereby deleted in its entirety.
Table R406.5 MAXIMUM ENERGY RATING INDEX Climate Zone 2, Energy Rating Index is amended to read 57.
R406.3 Building thermal envelope. Is amended to read as follows:
The proposed total building thermal envelope UA, which is sum of U-factor times assembly area, shall be less than or equal to the building thermal envelope UA using the prescriptive U-factors from Table R402.1.2 multiplied by 1.15 in accordance with Equation 4-1. The area- weighted maximum fenestration SHGC permitted in Climate Zones 0 through 3 shall be 0.30. (Equation 4-1)
R406.3.2 On-site renewables are included is hereby deleted in its entirety.
R406.4 Energy Rating Index is hereby amended to read as follows:
The Energy Rating Index (ERI) shall be determined in accordance with RESNET/ICC 301 except for buildings covered by the International Residential Code, the ERI shall be permitted to be calculated using the minimum total air exchange rate for the rated home (Qtot) and for the index adjustment factor in accordance with Equation 4.2.
Ventilation rate (Qtot), CFM = (0.01 x total square foot area of house) + [7.5 x (number of bedrooms + 1)] (Equation 4-2)
Energy used to recharge or refuel a vehicle used for transportation on roads that are not on the building site shall not be included in the ERI reference design or the rated design. For compliance purposes, any reduction in energy use of the rated design associated with on-site renewable energy shall not exceed 15 percent of the total energy use.
SECTION R408
ADDITIONAL EFFICIENCY OPTIONS
Section R408 Additional Efficiency Options is hereby deleted in its entirety.
HISTORY
Amended by Ord. 797-22 on 10/19/2022
The following provision of the International Property Maintenance Code, 2021 Edition, as published by the International Code Council, is hereby amended or modified as follows:
CHAPTER 3
GENERAL REQUIREMENTS
Sections 303.2 and 304.14 are amended to read as follows:
Section 303.2 Pool Enclosures.
Replace with the following language:
Swimming pool enclosures shall comply with the requirements of the 2021 International Swimming Pool and Spa Code as amended.
Section 304.14 Insect screens is hereby deleted in its entirety.
CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS
Sections 602.3 and 602.4 are amended to read as follows:
Section 602.3 Heat supply is amended by Inserting the following dates:
“November 1 to April 1”.
Section 602.4 Occupiable workspaces is amended by Inserting the following dates:
“November 1 to April 1”.
HISTORY
Amended by Ord. 797-22 on 10/19/2022
The following provision of the International Wildland-Urban Interface Code, 2021 Edition, as published by the International Code Council, is hereby amended or modified as follows:
CHAPTER 1
ADMINISTRATION
Chapter 1, “Administration”, is hereby deleted except as follows: For administration of this Code, refer to Article 7-1 of the Town Code.
APPENDICES
The following appendices are adopted:
Appendix A, General Requirements
Appendix B, Vegetation Management Plan Appendix C, Fire Hazard Severity Form
HISTORY
Amended by Ord. 797-22 on 10/19/2022
The following provision of the International Swimming Pool and Spa Code, 2021 Edition, as published by the International Code Council, is hereby amended, or modified as follows:
CHAPTER 1
ADMINISTRATION
Chapter 1, “Administration”, is hereby deleted except as follows: For administration of this Code, refer to Article 7-1 of the Town Code.
CHAPTER 2
DEFINITIONS
The definition of Residential Swimming Pool (Residential Pool) is hereby revised as follows:
"RESIDENTIAL SWIMMING POOL (Residential Pool)". A pool intended for use that is accessory to a residential setting and available only to the household and is guests. Other pools shall be considered to be public pools for purposes of this code. Any structure intended for swimming or recreational bathing that is designed to contain water 18" inches or more in depth. This includes in-ground, above-ground and on-ground swimming pools, hot tubs, spas, and fixed in place wading pools.
"Type O". A nondiving residential pool.
"Type I-V". Residential pools suitable for the installation of diving equipment by type.
The definition of PUBLIC SWIMMING POOL is hereby revised as follows:
"PUBLIC SWIMMING POOL". A pool other than a residential pool intended for swimming or recreational bathing that is designed to contain water 18" inches or more in depth and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. Public Pools shall be further classified as follows:
Remainder of this definition remains unchanged.
SECTION 305
BARRIER REQUIREMENTS
Section 305 Barrier Requirements is hereby revised to read as follows:
305.1 Application. The requirements of this appendix shall apply to the design and construction of required barriers for swimming pools, spas, and hot tubs. These design regulations are intended to provide public health and safety by providing protection against drowning and near-drowning by restricting access to swimming pools, spas and hot tubs. There are no exemptions for households without children.
305.1.1 All swimming pools, spas and hot tubs installed in or on the lot of a one- or two-family dwelling on or after the effective date of the ordinance adopting this appendix shall be enclosed by a permanent barrier, as set forth in this appendix.
305.1.2 It is the responsibility of the property owner and any other person in responsible charge of a swimming pool to insure that the required swimming pool barrier, including all gates, doors, locks, latches and any other portions of the barrier, are maintained in a safe and good working order at all times. No person shall alter or remove any portion of a swimming pool barrier except to maintain, repair, reconstruct or replace the barrier in compliance with the provisions of this appendix.
305.1.3 No swimming pool, spa or hot tub shall be filled in whole or in part with water unless the swimming pool barrier has been installed in accordance with this appendix and approved by the building official or authorized designee.
305.1.4 Plastic mesh or any other fence (proposed barrier) defined by the manufacturer as a temporary or removable fence, even if indicated as a swimming pool barrier, are deemed unsuitable for the purposes of this Appendix regardless of any modifications proposed to make said fence compliant.
305.2 Outdoor swimming pool. Any outdoor swimming pool, including an in- ground, above- ground or on-ground pool, hot tub or spa shall be completely surrounded by a barrier which shall comply with the following:
1. In the case where the rear yard of a detached one- or two-family dwelling or townhouses abuts the edge of a lake or body of water and where no public access is permitted or allowed along the shoreline, and where side yard fences extend to and beyond the water's edge a minimum of eighteen (18) inches, no rear yard barrier will be required between the shoreline or body of water and the swimming pool.
2. Where wood fences are permitted by the Town Code, wood fencing used as swimming pool required barriers, shall meet the requirements of this code.
3. Any fence/wall used for the required barrier shall not contain any openings or protrusions that might be used for foothold climbing purposes.
4. All fish ponds and other contained bodies of water, either above or below ground level, that are designed to contain water eighteen (18) inches or more in depth, shall conform to the location and barrier requirements for swimming pools.
5. Irrigation and storm water retention facilities and the water features in public parks and golf courses are exempt from the barrier requirements of this Appendix.
6. The top of the barrier shall be at least 60 inches above grade measured on the side of the required barrier which faces away from the swimming pool at the highest point of elevation within three (3) feet measured horizontally from the required barrier. The maximum vertical clearance between grade (soil) and the bottom of the required barrier shall be a maximum of 2 inches measured on the side of the required barrier which faces away from the swimming pool. The maximum vertical clearance between a surface below the barrier to a solid surface, such as concrete, and the bottom of the required barrier shall be a maximum of 4 inches measured on the side of the required barrier which faces away from the swimming pool.
7. The poolside of the required barrier shall not be less than (20") twenty inches from the water's edge.
8. Openings in the required barrier shall not allow passage of a 4-inch-diameter sphere.
9. Solid barriers which do not have openings, such as but not limited to a masonry, stucco or stone wall, shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. Indentations of 1" deep x 1" high or protrusions of 1 inch or more shall be considered as exceeding the normal construction tolerances unless the bottom of the indention or top of the protrusion is beveled at a 45 degree angle from the face of the indention or protrusion back to the vertical face of the indention or protrusion. Where solid barriers have openings such as drainage blocks or similar items, the maximum opening width or height of the opening shall be of such a configuration as not to allow a 4 inch diameter sphere to pass through. Where openings exceed the 4" diameter, a minimum of 3' measured horizontally from an adjacent opening in the barrier is permitted.
10. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1.75 inches in width. Where there are decorative cut outs within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width.
11. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1.75 inches in width.
12. Where chain link fences are permitted by Town ordinance, the maximum mesh opening size for chain link fences shall be a 2.25-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches in width.
13. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall not be more than 1 3/4 inches.
14. Every opening up to 4' in width in a required pool barrier shall be provided with a minimum five (5) foot high self-closing access gate, which is at least (5) feet high measure from the adjacent grade and all access gates shall open outwards away from the swimming pool and shall have a self-latching device or lock in good condition.
15. Pedestrian access gates shall comply with the requirements of AG105.2, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the swimming pool and shall be self-closing and have a self-latchi ng device. Gates other than Pedestrian access gates shall have a self-latchi ng device and shall be secured by a padlock or similar device which requires a key, electric opener or integral combination.
16. Where the release mechanism of the self-latching device is located less than 54 inches from grade, the release mechanism and openings shall comply with the following:
- The release mechanism shall be located on the pool side of the gate at least 5 inches below the top of the gate
- The gate and barrier shall have no opening greater than 0.5 inch within 24 inches of the release mechanism
17. Gates for openings of four (4) feet or greater leaf width must be secured with a self-latchi ng device and be kept locked. Double gates or multiple gates shall have at least one leaf secured in place and the adjacent leaf shall be secured with the self-latchi ng device.
18. Where a wall of a dwelling or accessory structures serves as part of the barrier one of the following conditions shall be met:
- From sleeping areas/rooms, emergency escape or rescue openings with access to the swimming pool or other contained body of water which meet the definition of a swimming pool shall be equipped with a latching device not less than fifty-four (54) Inches above the floor. Emergency escape and rescue openings shall be operational from the inside as required by the building codes. All other openable dwelling unit or guest room windows with similar access shall be equipped with a screwed in place wire mesh screen, or a keyed lock that prevents opening the window more than four
(4) inches, or latching device located not less than fifty-four (54) inches above the floor. All ground level doors or other doors and openings with direct access to the swimming pool or other contained body of water, meeting the definition of a swimming pool, shall be equipped with a self- latching device located not less than fifty-four (54) inches above the floor. Sliding doors shall not form part of a required barrier unless the self-closing and self-latching mechanism is specifically approved by the Building Official for this purpose.
- Other openings such as dog doors or similar openings shall meet the requirements of this code when the opening has access directly to the pool.
- The pool shall be protected by a motorized safety pool cover which requires the operation of a key switch which meets the American society of testing and materials emergency standards 13- 89 and which does not require manual operation other than the use of the key switch.
- Other means of protection, such as self-closing doors with self-latching devices, which are approved by the Building Official, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by items a, b, or c above.
- Above-ground pool structure barriers shall meet the requirements of this code.
305.3 Indoor swimming pool. All walls surrounding an indoor swimming pool shall comply with the pool barrier requirements of 305.2.
305.4 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. For the purposes of structures, equipment or similar objects, the nearest edge being a minimum of 3' or more horizontal distance away from the required barrier shall be considered adequate for the determination of not being used to climb the barrier.
305.5 Barrier exceptions. Spas or hot tubs with a safety cover which complies with ASTM F1346, shall be exempt from the provisions of this appendix.
HISTORY
Amended by Ord. 797-22 on 10/19/2022
The International Fire Code, 2021 Edition, as published by the National Fire Prevention Association, is hereby amended or modified as follows:
101.1 Title. This code shall be known as the Town of Queen Creek Fire Code, may be cited as such, and hereinafter referred to as “this code.”
105.2.3 Time limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit shall have been issued; except that the fire code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days upon written request by the owner or applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.
105.5.18 Flammable and combustible liquids. An operational permit is required:
1. To store, handle or use more than 10 gallons of Class I-A or more than 30 gallons of Class I-B or I-C liquids (19 L) inside or outside a building,
2. To store, handle or use Class II or Class IIIA liquids in excess of 60 gallons inside or outside a building, except for fuel oil used in connection with oil-burning equipment.
3. To remove Class I or Class II liquids from an underground or aboveground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.
4. To operate equipment, tanks, plants, terminals, wells, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
5. To change the type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was designed and constructed.
6. To utilize a site for the dispensing of Class II or III liquid fuels from tank vehicles into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments. To slurry fill an underground tank.
7. To abandon an underground or aboveground tank.
105.5.29 LP-gas. An operational permit is required for:
1. LP-gas containers with an aggregate water capacity of 2,000 gallons or more used exclusively for vapor service.
2. Flaring off LP-gas prior to the abandonment or removal of an LP- gas container.
3. LP-gas containers used for liquid transfer service.
105.5.49 Temporary membrane structures, and tents. A permit is required to erect a temporary membrane structure, or a tent having an area in excess of 1600 square feet.
Exceptions:
1. Tents used exclusively for recreational camping.
2. Funeral tents and curtains or extensions attached thereto, when used for funeral services.
105.5.53 Aircraft refueling vehicles. An operational permit is required to operate any refueling vehicle located within the Town of Queen Creek.
105.5.54 Commercial rubbish handling operation. An operational permit is required for the handling or storage of any commercial rubbish.
105.5.55 Recycling operations. An operational permit is required to operate commercial recycling operations.
105.5.56 Used or waste tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of 100 or more used or waste tires and tire byproducts that exceeds 2,500 cubic feet (71 m3) of total volume of scrap tires in an open area or portion thereof outdoors and for indoor storage of tires and tire byproducts.
105.5.57 Health care facility inspections. An operational permit for health care facilities shall be required for a fire inspection which is conducted once per year and upon change of ownership. This includes adult care, hospitals and congregate living facilities. The fee schedule is based on the number of licensed beds as determined by ADHS.
Note: The annual inspection fee includes consulting services for fire and life safety concerns and maintenance issues. The annual fee does not include permit fees for new construction, remodeling or Annual Facility Permit (AFP) projects, or hazardous materials assessment fees.
105.5.58 Assisted living facilities inspections. An operational permit for assisted living facilities shall be required for a fire inspection which is conducted upon opening and once every three years or upon change of ownership, and complies with the Arizona Department of Health Services (ADHS) requirements. This includes assisted living homes R-4, assisted living centers, supervisory care and adult foster care.
Note: The annual inspection fee includes consulting services for fire and life safety concerns and maintenance issues. The annual fee does not include permit fees for new construction, remodeling or Annual Facility Permit (AFP) projects, or hazardous materials assessment fees.
105.5.59 Commercial Daycare Facilities inspections. An operational permit shall be required for a thorough fire inspection which is conducted once per year and upon change of ownership.
105.5.60 Behavioral or Correctional facilities inspections. An operational permit shall be required for a fire inspection which is conducted once per year and upon change of ownership.
105.6.5 Required construction permits. The fire code official is authorized to issue permits for work as set forth in Section 105.7.1 through 105.7.29
105.6.2 Battery systems:
105.6.2.1 Stationary lead-acid. A construction permit is required to install or modify a stationary lead-acid battery system having a liquid capacity of more than 100 gallons in a sprinklered building or 50 gallons in a non-sprinklered building.
105.6.2.2 Valve-regulated lead-acid (VRLA). A construction permit is required to install or modify a valve-regulated lead-acid (VRLA) battery systems.
105.6.8 Flammable and combustible liquids. A permit is required to:
1. Temporarily or permanently install a storage tank or aboveground storage tank or pressure vessel for Class I, II or III-A liquids with a nominal capacity of 125 or more gallons located outside a building.
2. Temporarily or permanently install a storage tank or aboveground storage tank or pressure vessel for Class I, II or III-A liquids inside a building regardless of size.
3. Temporarily or permanently install a storage tank or aboveground storage tank or pressure vessel for Class III-B liquids with a nominal capacity of 1,000 gallons or more whether installed inside or outside a building.
4. Install, construct or equipment, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
5. Alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank.
6. Construct or modify a flammable liquids room or warehouse.
105.6.9 Hazardous materials. A permit is required to:
1. Install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Permit Amounts and Fees by Hazardous Materials Classification and Quantity Table.
2. Install or modify a hazardous materials storage tank.
3. Install or modify a Group H-1, H-2, H-3, H-4 or H-5 occupancy.
4. Install or modify gas cabinets, exhausted enclosures, gas rooms or chemical drainage and containment.
Exceptions:
1. Routine maintenance.
2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.
105.6.11 LP-gas. A permit is required to:
1. Install, alter or modify an LP-gas system.
2. Install, alter or modify LP-gas containers with an aggregate water capacity of 125 gallons or more used exclusively for vapor service.
3. Install, alter or modify racks storing 20-pound cylinders or larger for the purpose of conducting an LP-gas exchange program at a specific site.
4. Install, alter or modify LP-gas containers used for liquid transfer service.
Exception: A permit is not required to install, alter or modify portable containers of less than 125 gallon aggregate water capacity used exclusively for vapor service.
105.6.16 Temporary membrane structures, and tents. A permit is required to erect a temporary membrane structure, or a tent having an area in excess of 1600 square feet.
Exceptions:
1. Tents used exclusively for recreational camping.
2. Funeral tents and curtains or extensions attached thereto, when used for funeral services.
105.6.17 Access gates, fire apparatus. A permit is required to install, or modify manual or automatic fire apparatus access gates and their appurtenances. This also includes gates for auxiliary access openings.
105.6.18 Fire apparatus access roads. A permit is required to install or modify fire apparatus access roads.
105.6.19 Alternative surface access roads. A permit is required to install or modify alternative surface fire apparatus access roads.
105.6.20 Fire protection equipment. A permit is required for installation or modification, or removal from service of any fire protection system, automatic sprinkler system, automatic underground, standpipe, fire main, fire pump, fire hydrant, halon or any other extinguishing device or equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
105.6.21 Flammable finishes. A permit is required to install or modify a spray booth, spray room, spray area, or powder coating booth.
105.6.22 Kitchen hoods systems, commercial. A permit is required to install or modify fire suppression systems installed above commercial cooking equipment.
105.6.23 Refrigeration system, anhydrous ammonia. A permit is required to install, alter or modify an anhydrous ammonia refrigeration system.
105.6.24 Special extinguishing systems. A permit is required to install, alter or modify special extinguishing systems, including but not limited to, Halon, dry chemical, carbon dioxide, FM200.
112.5. Civil actions or criminal citations. Any person, firm, or corporation who causes, permits, facilitates aids or abets any violation of this Code or who fails to perform any act or duty required by this Code is subject to a civil sanction of not less than 500 dollars ($500) nor more than 2500 dollars ($2500) or a class 1 criminal misdemeanor.
112.5.1 Commencement of civil action. Any civil action to enforce the provisions of this Code shall be commenced, and summons shall be issued, in accordance with the procedures set forth in Arizona Revised Statutes, City ordinance or as provided in the Local Rules of Practice and Procedure – Town Court – Town of Gilbert.
112.5.2 Admission or denial of allegation; hearing; findings of court; civil sanction.
112.5.2.1 A person served with a civil citation or complaint shall appear at the time and place stated in the citation or summons, or may appear prior to the time, and admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are deemed admitted.
112.5.2.2 If the allegations are admitted, the court shall enter judgment for the Town and impose a civil sanction.
112.5.2.3 If the person denies the allegations, the court shall set the matter for hearing. Civil hearings are informal and held without a jury, and the Town of Queen Creek is required to prove the violation charged by a preponderance of the evidence. Technical rules of evidence do not apply, except for the statutory provisions relating to privileged communications. If the person elects to be represented by counsel, the person shall also notify the court at least 10 days prior to the hearing date. Hearings may be recorded. If the court finds in favor of the person, the court shall enter an order dismissing the citation or complaint. If the court finds in favor of the Town, the court shall enter judgment for the city and impose a civil sanction.
112.5.2.4 If the person served with a civil citation or complaint fails to appear on or before the time directed to appear or at the time set for hearing by the court, the allegations shall be deemed admitted and the court shall enter judgment for the Town and impose a civil sanction.
112.5.3 Criminal penalties. Whenever in any section of this Code the doing of any act is required, prohibited or declared to be unlawful, any person, firm or corporation who shall be convicted of a violation of any such section shall be guilty of a class 1 misdemeanor.
ADD NEW SECTION TO READ AS FOLLOWS
ADD OR REVISE CHAPTER 2, DEFINITIONS TO READ AS FOLLOWS:
"ADDRESS DIRECTORIES". See Section 502.
"ASPHALT (ROOFING) KETTLE". A vessel or container used to process, heat, hold for heating, or dispense flammable or combustible roofing materials that are in liquid form or will take that form as a result of being exposed to such vessel or container.
"AUXILIARY ACCESS OPENINGS". See Section 502
"COMBUSTIBLE WASTE MATERIAL". Rubbish and refuse including, but not limited to magazines, books; trimmings from lawns, trees or flower gardens, plastic, pasteboard boxes, rags, paper, straw, sawdust, packing material, shavings, and boxes that will ignite through contact with flames of ordinary temperatures and recyclables.
"CONFINED SPACE" is a space that is large enough and so configured that an employee can bodily enter and perform assigned work; and has limited or restricted means for entry or exit (for example tanks, vessels, silos, storage bins, hoppers, vaults and pits and spaces that may have limited means of entry; and is not designed for continuous employee occupancy.
"EMERGENCY". An event or set of circumstances demanding immediate attention and remediation. "EMERGENCY POWER SYSTEM". An electrical system where the current supply is designed such that in the event of interruption of the normal power supply, a second source of adequate capacity and rating is available within 10 seconds of power failure. "EXCAVATION" is any man-made cut, cavity, trench or depression in an earth surface, formed by earth removal. "FIRE APPARATUS ACCESS GATES". See Section 502. "FIRE OFFICER". A fire officer is a sworn member of the Queen Creek Fire Department having the rank of Captain or higher. "FIRE CODE OFFICIAL". Fire Code Official charged with the administration and enforcement of the 2021 IFC or is the Fire Chief or duly authorized representative. "IMMINENT HAZARD". Is defined as a high, real and immediate risk to life, health or property. "OUTDOOR ASSEMBLY EVENTS". Private and public events conducted outdoors, including but not limited to beer gardens and mazes, having a projected attendance of 500 or more persons, at any one time, or confines 50 or more attendees by the permanent or temporary installation of barricades or fencing. "PEDESTRIAN GATES". See Section 502. "PREEMPTION DEVICE". See Section 502. "R-4" See the International Building Code (IBC) "SPREAD NUMBERS". See Section 505. "SPREAD PLATE". A permanent sign that identifies individual dwelling units at a common entrance of a building. "STANDBY POWER SYSTEM". An electrical system where the current supply is designed such that in the event of interruption of the normal power supply, a second source of adequate capacity and rating is available within 60 seconds of power failure. "TEMPORARY". Temporary shall be for a period of less than 180 days. "TRENCH" is a narrow excavation made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet or less (measured at the bottom), the excavation is also considered to be a trench.
REVISE CHAPTER 3 TO READ AS FOLLOWS
ADD NEW SECTION TO READ AS FOLLOWS
307.1.1 Prohibited open burning. Open burning of rubbish that contains paper products is prohibited. Open burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fire hazardous shall be prohibited.
307.6 Warming fires.
307.6.1 General. Warming fires shall be conducted in accordance with Section 307.6 when no other form of heat is available for warming and the following is complied with:
1. All warming fires shall be under control at all times and have a responsible person in constant attendance. 2. A noncombustible container shall be used for burning wood scraps. Maximum size of the container shall be 55 gallons water capacity. 3. A spark arrester shall be installed on the top of each container. The spark arrester shall be constructed of iron, heavy wire mesh or other noncombustible material with openings not larger than ½ inch. 4. A minimum of a10 foot radius shall be provided between the warming fire container and combustible materials.
308.1.6.3 Sky Lanterns is hereby amended to read as follows:
The lighting and release of Sky Lanterns shall be prohibited.
ADD NEW SECTION TO READ AS FOLLOWS
SECTION 316
EXCAVATIONS AND CONFINED SPACES
316.1 Scope. This section shall apply to any man-made cut, cavity, trench or depression in an earth surface formed by earth removal and procedures to protect employees from the hazards of entry into confined spaces.
316.2 Excavations and Trenches. Excavations and trenches shall be in accordance with Title 29 Code of Federal Regulations, Part 1926.
316.3 Confined Spaces. Confined spaces shall be in accordance with Title 29 Code of Federal Regulations, Part 1910.
316.4 Unsafe Conditions. When in the opinion of the fire code official, an unsafe condition exists, excavation and confined space operations shall cease and all persons removed until such time as adequate means have been taken to provide for the safety of persons working in or around the excavation or confined space.
ADD NEW SECTION TO READ AS FOLLOWS
SECTION 408
DIGITAL / ELECTRONIC DRAWING FILE SUBMISSIONS
408.1 General. Projects requiring a construction permit from the Building Safety Division, including projects performed under annual facilities permits, shall submit a digital/electronic copy of the permit drawings in accordance with the required format. A digital/electronic copy of the drawing shall not be required for the following:
(1) R3 occupancies.
(2) R4 occupancies.
(3) Single family residences.
(4) Other buildings or structures accessory to and located on the same lot with one and two family dwellings.
(5) Projects not required to submit drawings to obtain a permit.
The digital/electronic copy of the permit drawings shall be submitted to the Fire Department through the Building Safety Division for approval by the Fire Department's Technical Services Section prior to the issuance of the certificate of occupancy/completion by the Building Official.
408.2 Required Format. The digital/electronic files, required under this section, shall be submitted on cd/dvd-rom in one of the following formats: (dwg), (dxf), or (dgn). If submitted files are embedded with external references ("xref's"), such (xref) drawings shall be included on the submitted cd/dvd-rom. Cryptic naming for layers/files shall include a "definition key." All digital/electronic files shall be drawn in "feet" at a 1:1 scale.
408.2.1 Required Information. At a minimum, each file shall contain the following information:
Floor Plans:
One plan for each building floor. All exterior and interior walls.
All door locations (ingress/egress) throughout the building, including roll up doors and roof hatch/doors.
Stairs and elevator locations. Room/suite's names and/or numbers.
Utility shutoff locations (water, electric and gas).
Special hazards and high-piled stock/racks, if any.
Fire Department items shall include, but are not limited to, standpipes, fire sprinkler risers, alarm panels, fire department connections, and key boxes.
Site Plan: Including parking lot, building numbers, parking garages, fire lanes and hydrants.
Roof Plan: Layout and access (ladder/hatch locations).
408.3 Not Required. The drawings are not required to contain layers listing furnishings, floor coverings, ceiling styles/grids, plumbing fixtures, electrical (lights, switches, outlets), wall coverings, or landscape information.
ADD OR REVISE 503 AS FOLLOWS
503.2.4 Turning radius. Fire apparatus access roads shall have a minimum 45- foot center line radius (35 foot inside radius, 55 foot outside radius) on curves.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus 66,000 pounds with a maximum axle load of 28,000 pounds. Vehicle load limits shall be posted at both entrances to bridges when required by the code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the code official.
503.2.7 Grade. The grade of the fire apparatus access road shall not exceed 15 percent (15 feet in 100 feet). Cross-slope of an access road shall not exceed 6%.
503.3.1 Curbs. Fire apparatus access roads shall be identified by curbs painted red on both the top and face along the entire length of the fire apparatus access road. Where no curb exists or a rolled curb is installed, a 6 inch wide red stripe applied the full length of the fire apparatus access road shall be installed. Refer to Appendix D.
503.3.2 Marking not required. Signs and red painted curbs are not required on either side of the fire apparatus access road when a fire apparatus access road is greater than 32 feet in width.
503.3.3 Signs required on both sides of a road. When a fire apparatus access road is less than 26 feet in width fire lane signs and red painted curbs are required on both sides of the access road.
Fire apparatus access roads serving only R-5 or R-3 single family detached dwelling occupancies are required to have signs and red painted curbs installed on both sides of the road when 20 feet or less in width.
503.3.4 Signs required on one side of road. When a fire apparatus access road is 26 feet or greater and less than or equal to 32 feet in width, fire lane signs and red painted curbs are required to be installed on a minimum of one side of the access road. Fire apparatus access roads serving only R-5 Occupancies require signs and red painted curbs on a minimum of one side of the fire apparatus access road when it is greater than 20 feet and less than 26 feet in width.
503.3.5 Stenciling. The fire department is authorized to require stenciling or other permanent markings to improve the identification of fire apparatus access roads. When required, the stenciling shall state “FIRE LANE NO PARKING”. Lettering shall be white on a red painted curb and shall be a minimum of 3 inches high with ½ inch brush stroke.
503.4.2 Stopping or parking in fire apparatus access roads. Motor vehicles, with or without power, including trailers, shall not be stopped or parked in any fire apparatus access road.
Any vehicle stopped or parked within an approved fire apparatus access road may be issued a “Notice of Parking Violation” by any member of the Queen Creek Fire Department, Maricopa County Sheriff, Pinal County Sheriff or any representative that the fire chief or Sheriff designates.
Any vehicle stopped or parked within the fire apparatus access road may be removed at the expense of the vehicle owner. Removal of a vehicle under such circumstances may be authorized by the person in lawful possession of the property or by the chief. The person in lawful possession of the property shall keep designated fire apparatus access roads free of vehicles and other obstructions.
503.4.3 Maintenance of fire apparatus access roads. Fire apparatus access roads shall be maintained by the owner at all times. Faded, damaged or vandalized signs shall be replaced with approved signs and posts.
503.4.4 Marking. The curb shall be painted red or approved red reflectors shall be installed to define the width of alternative surface fire apparatus access roads. The reflectors shall be imbedded into bordering curbing at intervals not exceeding 15 feet.
503.7 Fire Apparatus Access Roads During Construction. Fire department access during construction, shall comply with this section.
503.7.1 Required access. Fire apparatus access is required within 200 feet of all points on the exterior of the building. Fire apparatus access roads shall be provided prior to introducing combustible materials on the construction site.
503.7.2 Width. Fire apparatus access roads shall be a minimum of 20 feet in width. Fire apparatus roads on construction sites shall not be obstructed.
503.7.3 Surface. At a minimum, the surface of fire apparatus roads shall be as follows:
1. Minimum 6 inches of native soil compacted to 95% of standard proctor density (ASTM D698), and
2. Minimum 4 inches of aggregate base compacted to 100% of standard proctor density (ASTM D698).
The surface of fire apparatus access roads may differ from the above requirements if it is shown that the surface provided is sufficient to support an imposed live load of 66,000 pounds with a maximum axle load of 28,000 pounds. An engineer registered in the State of Arizona shall prepare and seal the soil compaction report. The report shall be available for review by the fire code official.
503.7.4 Stabilization. Curbs are not required for fire apparatus access roads for sites under construction.
503.7.5 Turning radius. Fire apparatus access roads shall have a minimum 45- foot center line radius (35 foot inside radius, 55 foot outside radius) on curves.
503.7.6 Dead-ends. Dead-end fire apparatus access roads in excess of 200 feet in length shall terminate in an approved turnaround.
Section 505 is revised as follows:
505.2 Premises identification for residential occupancies. Shall be in accordance with Section 505.
505.2.1 Single-family homes. The address numbers for single-family homes shall be a minimum of 4 inches high, with a minimum 3/8 inch brush stroke on a contrasting background.
505.2.2 Address Marking of Multi-Family Residential Occupancies. The address, individual building, spread, and dwelling numbers at Group R occupancies shall be in accordance with this section.
505.2.2.1 Building or Site Address. The street address numbers for Group R, other than single family occupancies shall be a minimum of 12 inches high with a minimum of 2 inch wide brush stroke on contrasting color. For buildings less than 100 feet long, a minimum of one address shall be provided. For buildings over 100 feet in length, the address is required in a minimum of two places. Each building in a complex shall display its own identification. 505.2.2.2 Building identification numbers. Each building shall display its specific alphabetical or numerical designation which must be clearly visible from the fire apparatus access road. The building identification numbers shall be a minimum of 18 inches high with a minimum 3-inch brush stroke on contrasting color. For buildings less than 100 feet long, a minimum of one building identification number per building shall be provided. The building identification number is required to be internally or externally illuminated.
505.2.2.3 Spread numbers. Spread numbers shall be provided adjacent to the building identification numbers to indicate the apartment or unit numbers by floors in the building. Spread numbers shall be a minimum of 7 inches high with a 1-inch brush stroke on a contrasting background. The spread numbers are required to be internally or externally illuminated.
505.2.2.4 Unit identification at entrances. When more than one dwelling or unit is accessed from an entrance, a spread plate is required.
505.2.2.5 Apartment or unit numbers. Individual apartment or unit numbers shall be a minimum 4inch high with a minimum 3/8 inch brush stroke on a contrasting background.
505.2.2.6 Additional unit identification signs. Where a building is not visible from the fire apparatus access road, a directional sign indicating the location of the unit is required.
505.3 Premises identification for commercial buildings. Commercial building address numbers shall be a minimum of 12 inches high with a minimum 2-inch brush stroke on contrasting background. The address shall be visible from all access directions. When buildings are more than 200 feet long or set back from the road more than 100 feet they shall be identified with building address numbers that are a minimum of 24 inches high with a 4-inch brush stroke of a contrasting color. When buildings are greater than 500 feet in length, the number and address shall be provided in a minimum of two locations. When buildings have multiple access points, numbers and addresses shall be provided at each access point.
505.3.1 Multi-tenant commercial buildings. Individual tenant spaces in multi- tenant commercial buildings shall have their address or suite number posted at the front entrance and rear access doors. This number shall be a minimum of 6” high with a 1-inch brush stroke on a contrasting background.
505.3.2 Multiple buildings at a single address. Each building shall display its specific alphabetical or numerical designation that shall be clearly distinguishable from the fire apparatus access road. See Section 505.2.1 for minimum letter height and brush stroke requirements.
505.4 Address directories.
505.4.1 When required. An approved address directory shall be provided at properties containing one of the following:
1. More than one principal building,
2. Buildings with unit identification numbers that are randomly numbered or sequenced.
3. When, in the opinion of the fire code official, emergency response may be delayed due to the physical layout of the complex.
505.4.2 Specifications. Address directories shall be constructed and installed in accordance with this section.
505.4.3 Dimensions. The number of buildings in the complex shall determine the minimum dimensions of the directory. Minimum directory dimensions shall be as follows:
1. Complexes containing 12 or fewer buildings require a minimum 3 feet by 3 feet (9 square feet) site directory.
2. Complexes containing 13 to 30 buildings require a minimum 4 feet by 4 feet (16 square feet) site directory.
3. Complexes containing 31 or more buildings require a minimum 5 feet by 5 feet (25 square feet) site directory. Stanchions or supports shall not be included in the required size of the directory.
505.4.4 Protection. The directory shall be protected against vandalism and disfigurement by a clear polycarbonate cover, having a minimum thickness of 1/8 inch, sealed to protect the directory from weather.
505.4.5 Illumination. Address directories shall be internally illuminated utilizing white light.
505.4.6 Installation requirements. Support posts or stanchions shall be set in concrete. Directories with dimensions of 3 feet by 3 feet (9 square feet) shall be mounted with the bottom of the directory not less than 36 inches above grade. Directories with dimensions of 4 feet by 4 feet (16 square feet) and 5 feet by 5 feet (25 square feet) shall be mounted with the bottom of the directory not less than 24 inches above grade.
505.4.7 Depictions. All depictions must be clear, easily understood, and legible at a distance of 8 feet. The directory shall depict structures, building numbers, units, apartment or space numbers, tennis courts, swimming pools, elevators, driveways, streets, laundry rooms, fire hydrants, fire apparatus access roads and other features as determined by the fire department. The depictions shall comply with the following:
1. Directories shall be a dark print on a contrasting light background. Buildings shown on the directory shall not be the same color as other features indicated on the directory.
2. The name and address of the complex are required and shall not exceed 10% of the total size of the site directory.
3. Swimming pools, canals, and waterway areas shall be translucent blue.
4. Tennis courts shall be translucent green.
5. Fire hydrants shall be a ¼ inch diameter black circle filled in with a translucent yellow center. The abbreviation ‘HYD” must be affixed by the location of the hydrant on the directory.
6. The directory shall be properly oriented to the viewer with a red dot, 1-inch in diameter, with the words “YOU ARE HERE” affixed at the appropriate location on the directory.
7. A north arrow shall be included in the upper right quadrant of the directory. The arrow shall be a minimum of 3 inches in length and a minimum of 1- inch brush stroke.
8. Interior fire apparatus access roads, where provided, shall be marked on the directory with red crosshatching.
505.4.8 Setbacks. The directory shall be installed on the occupancy’s property, at locations approved by the fire code official. Placement of the address directory shall be as follows:
1. The directory shall be set back from the street or curbing at least 25 feet to allow emergency vehicles to clear the public right-of-way.
2. Shall not exceed a distance of 4 feet from the edge of the fire apparatus access road facing the direction of oncoming traffic.
3. Shall not conflict with traffic visibility zones as provided for by other ordinances.
4. Shall be immediately visible and free from obstructions including architectural design and landscaping.
505.4.9 Prohibitions. Information such as advertising or additional art work shall not be allowed on the address directory.
505.4.10 Maintenance. All premises identification shall be maintained clearly visible and free from obstructions, including landscaping.
505.5 Private Street or road signs. Private streets and roads shall be identified with approved signs. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs.
506.1.2 Height. The key box shall be mounted between 5 ½ and 6 feet above grade measured within 3’ of the box.
506.1.3 Visibility. The key box shall be illuminated so as to be immediately visible to fire personnel from the emergency apparatus. Posts, fences, vehicles, growth, trash, storage, and other materials shall not be placed or kept near key boxes in a manner that would prevent the key boxes from being immediately discernible.
506.1.4 Educational Occupancies. Educational Occupancies shall have a minimum number of three access keys to all buildings on site.
507.3 Fire Flow is revised to read as follows:
507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by Appendix B.
SECTION 510
EMERGENCY RESPONDER COMMUNICATION COVERAGE
Section 510 Emergency Responder Communication Coverage is amended as follows:
510.1 Emergency responder radio coverage in new buildings. New buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. All buildings and structures with the following characteristics shall comply with Section 510:
1. Buildings or structures more than 3 stories above ground level;
2. Buildings or structures totaling 45,000 square feet (13 716 m²) or more on any single floor;
3. Buildings or structures that include a basement or other subterranean space totaling 250 square feet (76.2 m²) or more; or
4. Buildings or structures where fire code official has determined to have been constructed in a manner or with materials likely to limit the ability of emergency response personnel to effectively use radio communication while within that building or structure.
Exceptions: 29
1. Where approved by the building official and the fire code official, a wired communication system in accordance with Section 907.2.13.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.
2. Where it is determined by the fire code official that the radio coverage system is not needed.
3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.
4. Groups R-3, R-4, R-5, and U occupancies
5. Buildings and structures utilizing only wood framing
6. Buildings and structures less than thirty-five (35) feet (10 668 mm) above ground level and do not utilize any metal framing or metal roofing.
510.4.1.1 Minimum signal strength into the building. Amended to read as follows: The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be sufficient to provide not less than a minimum signal strength of -95 dBm in 95% of the area on each floor when transmitting to and from a Public Safety Radio System. Applicable to the technology for either analog or digital signals.
New subsection added as follows:
510.4.1.1.1 Minimum Delivered Audio Quality (DAQ). A minimum DAQ of 3.4 for signal strength and intelligibility when utilizing the Public Safety Radio System. For public safety, the accepted objective is to provide DAQ 3.4 over the service area. DAQ 3.4 is defined as “speech understandable with repetition only rarely required, and with some noise and/or distortion” and represents a Bit Error Rate (BER) of 2%. 510.4.2.2 Technical criteria. Amended to read as follows:
The fire code official shall maintain a document providing the specific technical information and requirements for the emergency responder communications coverage system. This document shall contain, but not be limited to, the various frequencies required, the location of radio sites, the effective radiated power of radio sites, the maximum propagation delay in microseconds, the applications being used and other supporting technical information necessary for system design.
1. The Topaz Regional Wireless Cooperative (TRWC) will provide which donor site will be utilized for any installation of a 700/800 MHz BDA/DAS system that will be using the TRWC public safety network.
2. The TRWC Administration Manager will approve any enhancements for Simplex VHF Hazard Zone Fire network
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SECTION 511
CONTROLLED ACCESS GATES
511.1 General. The installation of controlled access gates across a fire apparatus access road shall be approved by the fire code official and meet the requirements of Section 511.
511.1.1 Permits. Permits shall be required to install or modify controlled access gates.
511.1.2 Gate installation companies. When gates are installed at any location that obstructs a fire apparatus access road, the installing company shall be licensed by the Arizona Registrar of Contractors
511.1.3 Egress. Fire apparatus access gates shall be designed and installed such that they do not obstruct the ingress and egress of emergency vehicles.
511.1.4 Maintenance. All fire apparatus access gates shall be maintained operable at all times and shall be inspected at least annually. Copies of the annual inspection report shall be maintained and be accessible for fire department review.
511.1.5 Inoperable gates. Controlled access gates that are inoperable and impede the entrance of fire apparatus shall be chained open or removed at the owner’s expense.
511.1.6 Illegal gates. Controlled access gates that cross fire apparatus access roads that have been installed without a permit shall be chained open or removed at the owner’s or installing contractor’s expense until a permit and final approval has been obtained from the fire department.
511.2 Fire Apparatus Access Gates.
511.2.1 General. Access gates are required to be automatic where no turn- around is provided for fire apparatus.
511.2.2 Main entrance identification. Access openings shall have signs that identify the location of the property’s primary entrance, and signs shall be bolted on the street side of the fire apparatus access gate.
511.2.3 Marking and signage. Manual and automatic access openings are required to be marked in accordance with Section 511.3.5. Signage shall be provided in accordance with Section 511.5.2.
511.3 Controlled access Gate Specifications. When controlled access gates are installed across a fire apparatus access road the specifications in 511.2 shall apply.
511.3.1 Opening width. When the gate is fully opened, a minimum 20-foot clear width shall be provided for both the entrance and exit gates. Gates installed and approved prior to the effective date of this code shall be maintained in accordance with the original approval.
The Fire Code Official shall require additional width opening when existing conditions cannot met the 45-foot fire apparatus turning radius.
511.3.2 Electrically operated gates. Electrically operated gates shall be installed in accordance with this section.
511.3.2.1 Standby power systems. Electrically operated gates shall be provided with a standby power system. Standby power is permitted to be, but not limited to, battery back-up or connection to an emergency generator. The activation of the system shall open gates and maintain them in the open position until primary power is restored to the system. Standby power systems are required to comply with the National Electrical Code Article 701.
Exception: Controlled access gates installed at occupancies other than multi-family residential properties may remain closed until the emergency gate switch is activated, and shall then remain open while the standby power system is operating the gate.
511.3.3 Opening time. Electrically operated controlled access gates shall open at a minimum rate of one foot per second.
511.3.4 Key switch. Each electrically operated controlled access gate shall be equipped with an approved key switch on both sides of the gate. When separate entry and exit gates are provided, the emergency key switch shall open the entrance and exit gates.
511.3.5 Key switch identification. An approved sign reading “F.D. ACCESS” shall be installed within 12 inches of the emergency key switch. The key switch shall be illuminated so as to be visible from fire apparatus.
511.3.6 Height. The key switch shall be mounted between 5 ½ feet and 6 feet above grade.
511.3.7 Obstruction and impairment. Posts, fences, vehicles, growth, trash, storage and other materials shall not be kept near key switches in a manner that would prevent the key switches from being visible. A three foot clear space shall be maintained around the circumference of the key switch.
511.3.8 Bypass of systems. When activated, the emergency key switch shall bypass all occupant and loop switch systems.
511.4 Preemption devices. Preemption devices are required on all new automatic fire access gates installed after the adoption of this code, at residential properties. Gates installed without permits or proof of installation date, require preemption devices. Voluntary installations of preemption devices shall comply with the requirements of Section 511.4.2.
511.4.1 Locations. The devices shall be installed such that the gate will open for both ingress and egress of emergency vehicles.
511.4.2 Minimum installation standards. The installation of preemption devices shall comply with the following:
1. Detectors shall be mounted 8 feet to 10 feet above grade.
2. Detectors shall be located a minimum of 18 inches behind the gate on the property side.
3. Detectors shall be mounted on a separate 4 inch by 4 inch metal post and not on the guidepost. The metal post shall be cemented a minimum of 18 inches below grade.
4. Detectors shall activate at a minimum of 150 feet from the gate.
5. Detectors shall point toward both the approach and the exit path of the emergency vehicle.
6. The sight path of the detector shall be free of visual obstructions such as signs, covered parking, canopies and vegetation.
7. Individual detectors shall be mounted together with the power module in the dual detector-mounting box. Detectors shall be approved by the fire department.
ADD OR REVISE SECTIONS WITHIN 903 AS FOLLOWS.
Sections 903.2 through 903.2.11.3 are deleted in their entirely and amended as follows:
903.2 Where required. All new building and structures shall be provided with an automatic sprinkler throughout.
Exceptions:
1. Detached single family dwellings, Group R-3 and their associated detached accessory structures not including Group R-4.
2. Detached telecommunication buildings not exceeding 600 square feet in floor area and not intended for occupancy other than maintenance purposes.
3. Detached accessory use structures such as gazebos, ramadas, guardhouses, restroom buildings at golf courses, parks and similar uses.
4. Detached canopies of type I or II construction not exceeding 3000 square feet in roof area located a minimum of 10 feet from buildings, structures and property lines.
5. Fire rated fabric shade canopies of type I or II framing construction not in excess of 3000 square feet in roof area located a minimum of 10 feet from buildings, structures and property lines.
6. Portable storage containers of type I or II construction not in excess of 360 square feet located a minimum of 10 feet from buildings structures, property lines and other containers, with no hazardous materials storage. 7. Factory built buildings less than 1,500 square feet used as temporary offices for real estate leasing or construction management and not to exceed 12 months from installation date. 8. Detached U occupancies of less than 3,000 square feet and located a minimum of 10 feet from buildings, structures and property lines. 9. Covered walkways of type I or II construction with no combustible storage underneath and approved by the fire code official.
903.2.1 Additions to Existing Buildings and Structure. Added as follows: All additions to existing buildings or structures and all buildings or structures that are expanded by an addition(s) shall be provided with an approved automatic fire sprinkler system throughout all levels complying with section 903.2
Exception: The maximum aggregate fire area of an addition (s) is less than 1,000 square feet or 10% of the floor area of the existing building or structure, whichever is less.
903.2.2 Change of Occupancy within hazard level 1. Added as follows: An automatic fire sprinkler system shall be installed when a building, regardless of the building area, under goes a change of occupancy within hazard level 1 as defined by table 903.2.5
903.2.3 Change of Occupancy over 5,000 square feet. Added as follows: An automatic fire sprinkler system shall be installed in any building 5,000 square feet or greater that under goes any change of occupancy.
903.2.4 Change of Occupancy less than 5,000 square feet. Added as follows: An automatic fire sprinkler system shall be installed in any building less than 5,000 square feet that under goes a change of occupancy to a higher Level as defined by Table 903.2.5
Table 903.2.5
Existing Building Hazard Levels
| Hazard Level | Building Occupancy Type* |
| 1 (highest) | A, H, I R-1, R-2, R-4 |
| 2 | F-1, S-1 |
| 3 | E, F-2, S-2 |
| 4 (lowest) | B, M, R-3, U |
*Occupancies as defined in the Town of Queen Creek Building Code
903.3.1.2.2 Attics. Where installed in buildings, Fire Sprinkler systems shall be provided within attic areas.
903.3.1.2.3 Exterior storage closets. Where installed in buildings, sprinkler protection shall be extended into attached exterior storage closets.
903.3.1.2.4 Attached garages, carports and balconies. Where installed in buildings, sprinkler protection shall be extended into attached garages, carports, open patios or balconies with living space directly above or adjacent to.
903.3.1.2.5 Residential combination services. With Water Department approval a single combination water supply shall be permitted provided that the domestic demand is added to the sprinkler demand as required by NFPA 13R.
903.5.1. Fire Sprinkler Riser Room. For the purpose of inspection, testing, or maintenance of NFPA 13 & 13R fire protection systems in new buildings, there shall be provided, at the time of construction, a dedicated interior riser room with direct exterior access door on the side of the building next to the fire sprinkler riser of adequate size to allow for valves and gauges to be accessed, repaired and viewed for testing and maintenance purposes. The dimensions of the access door will be dependent upon the design of the riser and system devices but shall, in no case, require that service personnel must enter a private dwelling or garage to reach the riser for service and/or repair.
903.3.7.1 Remote Fire Department Connections. Remote fire department connections shall be located within four (4) feet (1219.2mm) to eight (8) feet (2438.4mm) of the curb line of an access road or public street, or as otherwise specified. The fire department connection line shall be a wet line with the check valve at the hose connection above grade.
903.3.7.2. Fire department connection sizing. The size of the fire department connection and piping is dependent on the automatic sprinkler design flow. The maximum design flow for a 2-½ inch Siamese connection is 500 gpm. For design flows greater than 500 gpm install a single 2-½ inch Siamese connection and 5 inch Storz connection fed by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. An interior alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location when off-site monitoring is required. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.
903.4.2 Alarms. Approved audible devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be active.
905.3.4 Stages. Stages greater than 1,000 square feet in area (93 m2) shall be equipped with a Class I wet standpipe system with 2.5 inch (64 mm) hose connections on each side of the stage supplied from the automatic fire sprinkler system and shall have a flow rate of not less than that required for Class 1 standpipes.
905.3.4.1 Hose and cabinet is hereby deleted.
905.12. Hose connections for access challenges. Buildings exceeding 10,000 square feet (929 m2) in area per story, and not otherwise required to be equipped with a standpipe system by section 905.3 of the 2012 IFC, shall be equipped with Class I manual hose connections (2-1/2” NST) for fire department use as follows:
1. The locations shall be in accordance with, NFPA13, and 2012 IFC sec. 905.4, except item 1. 905.4, item 1 locations shall be at each floor-level landing, including grade level, within enclosed stairways, rather than located at intermediate floor level landings.
2. The hose connections are required when exterior ground floor walls exceed the required distance from fire apparatus access roads.
3. Single story structures are not required to have hose connections except in those interior portions of the building that exceed 200 feet (60.96 m) of travel from an emergency access road.
4. Where the most remote portion of a floor or story is more than 200 feet of travel from a hose connection, additional hose connections are required.
5. The hose connections may be combined with the fire sprinkler system and sized to deliver 250 gallons per minute at 100 psi from the most hydraulically remote outlet, using 150 psi fire department pump-in pressure. Calculations for hose demand shall be submitted with sprinkler plans.
907.2.12.1 Automatic fire detection. Smoke detectors shall be provided in accordance with this section. Smoke detectors shall be connected to an automatic fire alarm system. The activation of any detector required by this section shall operate the emergency voice/alarm communication system.
907.10 Visible alarms. Visible alarm notification appliances shall be provided in accordance with Sections 907.10.1.1 through 907.10.1.45.
ADD SECTION 912.1.1 TO READ AS FOLLOWS
912.1.1 Underground pipe. All fire department connection underground piping shall be installed as a minimum DIP Class 350.
REPLACE SECTION 912.2.1 TO READ AS FOLLOWS
912.2.1 Visible location. Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the fire code official. The location of fire department connections shall be approved and installed as follows:
1. Within 50 feet of an approved fire access rd., and arranged so that hose lines can be readily attached to the inlets without interference from any objects including buildings, fences, posts, plantings, or other fire department connections.
2. Within 300 feet of an approved hydrant.
3. So that the inlet height shall not be less than 18 inches nor more than 48 inches above grade.
4. Guard posts or other approved means may be required to protect fire department inlet connections from vehicular damage.
912.2.3 Wall mounted Fire Department Connections. Wall mounted fire department connections are permitted on light and ordinary Group 1 construction, when:
1. There are no glazed structural openings within 5 feet (1524mm) horizontally from inlet connection.
2. The structure is not classified as an “H” occupancy.
3. The fire department connection is within 50 feet of an approved roadway or driveway and arranged so that hose lines can be readily attached to the inlets without interference from any nearby objects including buildings, fences, post, plantings or other fire department connections. as approved by the fire code official.
912.2.4 Fire Department Connection (FDC) Caps. Caps for the protections of the threads and prohibit the introduction of foreign materials into the system shall be made of breakable aluminum material.
912.5 Signs. Each fire department connection shall be identified by a permanent weather resistant sign. The sign face shall be a minimum 12” x 12” and fabricated from .080 aluminum sheet or equivalent. The sign face shall have a white 3M diamond grade sheeting or equivalent applied as background. When the system supplied by the FDC does not supply the entire building or supplies multiple buildings, the sign shall identify the buildings or areas of the building supplied by the FDC. The fire department connection sign shall identify the building address or area, where necessary, and type of systems the FDC supplies.
ADD NEW SECTION TO READ AS FOLLOWS
SECTION 918
FIREFIGHTER BREATHING AIR REPLENISHMENT SYSTEM
918 Firefighter Breathing Air Replenishment Systems
918.1 General. A firefighter breathing air replenishment system (FBAR System) is a complete, self-contained high pressure breathing air replenishment system for emergency responders. This system consists of a fire department air connection panel, remote air fill panels and high pressure interconnected piping, permanently installed within a structure. This allows fire department personnel to replenish empty self- contained breathing apparatus (SCBA) cylinders within close proximity to the location of the incident requiring emergency response, thus reducing the amount of travel distance, time and support personnel needed at an emergency incident.
918.2 Applicability. The requirements of this subsection shall apply to all new buildings and structures meeting the specifications set forth in paragraph 915.3.
918.3 Buildings and structures requiring FBAR System. A FBAR System shall be installed in all new buildings, existing buildings that have a change of occupancy and structures meeting any of the following criteria:
918.3.1 Buildings and structures five (5) floors or more above grade or high rise buildings as defined by the Queen Creek Code; or
918.3.2 Underground buildings and structures, or components thereof, totaling ten thousand (10,000) square feet or more that are either more than two (2) floors below grade or more than thirty (30) feet below grade.
918.4 Drawings. Submit scaled drawings of the FBAR system to the Town of Queen Creek as required in Section 105 of the Queen Creek Code.
918.5 Contractor qualifications. The FBAR system shall be installed tested and maintained by a contractor with an Arizona Registrar of Contractors license and have knowledge of high pressure and medical gas piping.
918.6 FBAR System requirements. The FBAR System installation shall allow fire department personnel to simultaneously replenish four (4), 45 cubic foot self-contained breathing apparatus cylinders at any one (1) time, with two (2) connections at three thousand (3,000) psi and two (2) connections at four thousand five hundred (4,500) psi.
Fire department personnel shall be able to connect into the FBAR System's fire department air connection panel at grade level from a mobile air support apparatus thereby providing a constant source of breathing air supplied directly from the air support apparatus to the system's remote air fill panels.
918.7 FBAR System components. The FBAR System shall consist of the following minimum components:
918.7.1 Exterior fire department air connection panel;
918.7.2 Interior cylinder fill panels;
918.7.3 Interconnected piping; and
918.7.4 Low pressure monitoring switches and alarm.
918.8 Exterior Fire Department Air Connection Panel.
918.8.1 Location: An exterior fire department air connection panel shall be installed on the exterior of the building or within a remote monument at a location approved by the Fire Chief with a minimum of six (6) foot – 180 degree clear unobstructed access to the front of the panel and shall be interconnected to the building's interior remote air fill panels. Locate the fire department fill panel within 50 feet of the approved fire access.
918.8.2 Enclosure: The fill inlet and associated components of the air connection panel shall be contained in a lockable, weather tight enclosure. The enclosure shall be a weather resistant metal cabinet constructed of minimum 18- gauge carbon steel or equivalent. The enclosure shall be provided with a coating or other means to protect the enclosure from corrosion.
918.8.3 Enclosure components: The exterior fire department connection panel shall contain all of the necessary gauges, isolation valves, pressure relief valves, pressure regulating valves, check valves, tubing, fittings, supports, connectors, adapters and other necessary components as may be required to allow the fire department’s mobile air unit to quickly connect and augment the system with a constant source of breathing air. The panel shall be locked at all times, unless in use by fire department personnel. The locking mechanism for the panel cover shall be contained in an approved key box installed at a location approved by the Fire Chief. The key to unlocking the cover shall be stored in the approved key box. Each fire department connection panel shall contain at least two (2) connections.
918.8.4 Pressure relief valve: Install a pressure relief valve downstream of the pressure regulator inlet. The relief valve shall meet the requirements of CGA S-1.3 Safety Relief Valves and shall not be 28 field adjustable. The relief valve shall have a set to open pressure not exceeding 1.1 times the design pressure of the system. Pressure relief valve discharge shall terminate so that the exhaust air stream cannot impinge upon personnel in the area. Valves, plugs or caps shall not be installed in the discharge of a pressure relief valve. Where discharge piping is used the end shall not be threaded.
918.8.5 Damage protection: The fire department air connection panel shall be installed in an area protected from physical damage.
918.9 Interior cylinder fill panels.
918.9.1 New buildings. Unless otherwise approved by the chief, the interior cylinder fill panels shall be installed in the above grade portion of applicable structures in all stairwells. Install the required interior cylinder fill panels commencing on the third floor and on every other floor above the third floor. The interior cylinder fill panels are not required on the highest floor or on the floor immediately below the highest floor. Unless otherwise approved by the chief, the interior cylinder fill panels shall be installed in the below grade portion of applicable structures at stairwells, or other areas of ingress or egress approved by the chief, commencing on the third floor below ground level and every other floor below grade level thereafter or, if there are fewer than three (3) floors below ground level, the lowest floor.
918.9.2 Existing buildings. Install the interior cylinder fill panels per Section 915.9 in existing buildings within one stairwell only. The Fire Chief shall approve that stairwell. The interior cylinder fill panels may be surfaced mounted within the stairwell and shall be at the stairwell floor landing.
918.9.3 Cabinet requirements. Each cylinder fill panel shall be installed in a metal cabinet constructed of minimum 18-gauge carbon steel or equivalent. The depth of the cabinet shall not create an exit obstruction when installed in building stairwells. With the exception of the shutoff valve, pressure gauges, fill hoses and ancillary components, no system components shall be visible and shall be contained behind a minimum 18-gauge interior panel.
918.9.3.1 Door. Hinges for the cabinet door shall be located inside of the cabinet. The door shall be arranged such that when the door is open, it does not reduce the required exit width or create an obstruction in the path of egress.
918.9.3.2 Cabinet components. The cabinet shall be of sufficient size to allow for the installation of the following components:
918.9.3.2.1 The cylinder fill panel shall contain all of the gauges, isolation valves, pressure relief valves, pressure regulating valves, check valves, tubing, fittings, supports, connectors, hoses, adapters and other components to refill SCBA cylinders.
918.9.3.2.2 Cylinder filling hose. The design of the cabinet shall provide a means for storing the hose to prevent kinking. When the hose is coiled, the brackets shall be installed so that the hose bend radius is maintained at 4 inches or greater. Fill hose connectors for connection to SCBA cylinders shall comply with the requirements of NFPA 1981. No other SCBA cylinder fill connections shall be permitted.
918.9.3.2.3 Security. Each panel cover shall be maintained locked by an approved means.
918.9.3.3 Clearance and access. The panel shall be a minimum of 36 inches but not more than 60 inches above the finished floor or stairway landing. Clear unobstructed access shall be provided to each panel.
918.9.4 The interior cylinder fill panel capacity. The interior cylinder fill panels shall contain all of the necessary gauges, isolation valves, pressure relief valves, pressure regulating valves, check valves, tubing, fittings, supports, connectors, adapters and other necessary components as may be required to allow firefighters and other first responders to safely and reliably replenish a minimum of two (2) forty-five (45) cubic feet breathing air cylinders simultaneously.
918.10 Tubing, valves and fittings. Unless otherwise approved by the Fire Chief, all tubing, valves and fittings shall be compatible and support a minimum working pressure of five thousand (5,000) psi. Design the tubing, valves and fittings with a safety factor of four (4). Support the tubing not less than at five-foot intervals.
918.10.1 Tubing. Tubing shall be stainless steel complying with ASTM A269 or other approved materials that are compatible with breathing air at the system pressure. Routing of tubing and bends shall be such as to protect the tubing from mechanical damage.
918.10.2 Fittings. Fittings shall be constructed of stainless steel complying with ASTM A403/A403M or other approved materials that are compatible with breathing air at the system pressure.
918.10.3 Prohibited materials. The use of non-metallic materials, carbon steel, iron pipe, malleable iron, high strength gray iron, or alloy steel shall be prohibited for breathing air pipe and tubing materials.
918.10.4 Protection. The entire system shall be protected by a minimum of two- hour rated construction that protects the system from possible damage. When piping must pass through a fire rated or solid material, protect the piping with a sleeve that is at least three (3) times the pipe diameter. Fill both ends of the sleeve and wall gap with an approved fire stop. Label the piping with “Rescue Breathing Air” at internals not less than 10 feet.
918.11 Low pressure monitoring and alarm. When not being utilized by fire department personnel, the FBAR System shall maintain a constant pressure of at least four thousand five hundred (4,500) psi. An alarm or monitoring system capable of detecting, and that is set to detect, a pressure drop of one thousand (1,000) psi shall be included and maintained with the FBAR System. The low-pressure alarm shall transmit a supervisory signal to the building alarm fire system and to the central alarm monitoring station when the system pressure falls below the minimum allowed pressure. A building or structure owner or designee, shall notify the fire department of any scheduled test of the system conducted by the owner of the building or structure. Unless otherwise approved by the Fire Chief, the low-pressure alarm shall be monitored by an approved fire and smoke alarm system for the building or structure.
Exception: In lieu of the low pressure monitoring and alarm, the building owner shall test the air quality of the system every three months according to NFPA 1989.
918.12 Isolation valve. A system isolation valve shall be installed downstream of each air fill station and shall be located in the panel or within 3 feet of the station. The isolation valve shall be marked with its function in letters that are a minimum of 3/16- inches high with a 1/16-inch brush stroke.
918.13 Markings and record keeping. The fire department air connection panel and the remote air fill panels shall be clearly identified by means of permanently installed signage which says: “FIREFIGHTER AIR SYSTEM” in minimum letters 1½ inch high with a ¼ inch stoke and be located where plainly visible. The building or structure owner shall keep the area in and around the fire department air connection panel and the remote air fill panels free of objects that may block use of these panels and shall maintain and test the FBAR System in accordance with NFPA Standards and manufacturer specifications. Records of all maintenance and testing of the FBAR System shall be kept on-site for a minimum of three (3) years and be available to fire department personnel upon request.
918.14 Testing requirements. When fabrication, assembly and installation of the FBAR System is complete, the entire system shall be tested in accordance with the following:
918.14.1 The system shall be inspected for leaks by pneumatically pressure testing the system to five thousand (5,000) psi using oil-free, dry air. An approved solution shall be used on each joint and fitting in the system to detect leaks. All leaks or failure to maintain five thousand (5,000) psi pneumatic pressure shall be documented by the system installer and forwarded to the system manufacturer for inspection, repair and/or replacement.
918.14.2 Upon successful completion of the five thousand (5,000) psi pressure testing, the entire system shall be pneumatically pressure tested to one and one-half (1 1/2) times the working pressure (seven thousand five hundred (7,500) psi) using oil free, dry air for at least one (1) hour. All leaks or failure to maintain seven thousand five hundred (7,500) psi pneumatic pressure shall be documented by the system installer and forwarded to the system manufacturer for inspection, repair and/or replacement.
918.14.3 Final Proof Test. The Authority Having Jurisdiction shall witness filling of two (2) empty sixty six (66) cubic foot capacity SCBA cylinders in three (3) minutes or less using compressed air supplied by fire department equipment connected to the exterior fire department connection panel. The SCBA cylinders shall be filled at the air fill panel or station farthest from the exterior fire department connection panel. Following this, a minimum of two (2) air samples shall then be taken from separate air filling stations and submitted to an independent certified gas analyst laboratory to verify the system's cleanliness and that the air meets the requirements of NFPA 1989. The written report shall be provided to the Authority Having Jurisdiction certifying that the air analysis complies with the above requirements.
918.15 Air quality testing. Upon completion of the pressure testing, test the air quality of the systems according to NFPA 1989.
SECTION 1205
SOLAR PHOTOVOLTAIC POWER SYSTEMS
1205.1.2 Marking. Marking is required on interior and exterior direct-current (DC) conduit, enclosures, race- ways, cable assemblies, junction boxes, combiner boxes and disconnects.
1205.1.2.1 Materials. The materials used for marking shall be reflective, weather resistant and suitable for the environment. Marking as required in Sections 1204.1.2 through 1204.1.6 shall have all letters capitalized with a minimum height of 3/8 inch (9.5 mm) white on red background.
1205.1.2.2 Marking Content. The marking shall contain the words “WARNING: PHOTOVOLTAIC POWER SOURCE.”
1205.1.2.3 Main Service Disconnect. The marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the disconnect is operated.
CHAPTER 31
PLACES OF ASSEMBLY
SECTION 3101
GENERAL
3101.1 Scope. Places of assembly, including, trade shows and exhibitions, outdoor assembly events, outdoors mazes, special amusement buildings and special scaffolding structures shall comply with Chapter 37.
3101.2 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7. 3101.3 Construction documents. Construction documents shall be submitted to the fire code and building official prior to the construction or modification of special amusement buildings, special scaffolding-type structures and multi-level exhibits 3101.4 Site plans. Site plans shall be submitted to the fire code official for prior approval in accordance with the following:
1. Outdoor assembly events: At least 30 work days prior to the event, site plans shall be submitted to the fire code official that include, but not be limited to the location and width of exits, location of fencing or means used to confine attendees, and locations of fire apparatus access roads.
2. Trade shows and exhibitions: A minimum of 30 days prior to set-up of trade shows or exhibitions, site plans shall be submitted to the fire code official documenting all details of the trade show or exhibition including, but not limited to the location and size of exhibits and booths, aisles and exits, location of fire extinguishers, hose valves, manual pull stations, and fire alarm strobes, location of covered or multi-level exhibits or booths.
3. Outdoor mazes. A minimum of 30 days prior to the event, site plans shall be submitted to the fire code official. The site plan shall document the location of mazes and any other buildings or structures on the site, location of means to confine attendees, location and width of exits, location of internal combustion engines, location of approved fire extinguishers, location of generators and location of fire hydrants.
4. Vehicle displays: At least 10 work days prior to the display of liquid-or gas- fueled vehicles, boats or other motor craft in Group A occupancies. See Section 314.4.
Exception: Auto dealerships.
5. Vehicle competition or demonstration. At least 10 days prior to the competition or demonstration of gas-fueled vehicles, boats or other motor craft in Group A occupancies. See Section 314.4.
SECTION 3102
DEFINITIONS
3702.1 Definitions. The following words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein.
[B] Assembly Group A. See Section 202, General Definitions. "EXHIBITS". A space or portable structure used for the display of products or services.
"MAZES". A labyrinth of paths throughout a confined area accessible by walking or mobile.
"OUTDOOR ASSEMBLY EVENTS". Private and public events conducted outdoors, including but not limited to beer gardens and mazes, having a projected attendance of 500 or more persons throughout the event and confine attendees by the permanent or temporary installation of barricades or fencing.
"SWEAT LODGE". A structure constructed for a religious ceremony that contains a fire.
"TORCHES". The use of open flame torches for entertainment purposes before a proximate audience.
"TRADE SHOWS OR EXHIBITIONS". Public or private displays, events or occurrences held in buildings or portions of buildings for gathering together of 50 or more persons for purposes of competition, demonstration, a setting or presentation of something in open view, or showing the merits of a product or service to a prospective consumer.
SECTION 3103
TRADE SHOWS AND EXHIBITIONS
3103.1 General. Trade shows and exhibitions, conducted within any occupancy shall comply with Sections 3703 and 314.
3103.2 Fixtures and displays. Fixtures and displays of goods for sale to the public shall be arranged so as to maintain free, immediate and unobstructed access to exits as required by Chapter 10.
3103.3 Vehicles. Liquid- or gas-fueled vehicles, boats or other motor-craft displayed shall comply with Section 314.
3103.4 Means of egress. Shall comply with this code and the requirements of the International Building Code.
3103.4.1 Travel distance. The maximum travel distance from any point in an exhibit to an exit access shall not exceed 50 feet (15240mm).
3103.4.2 Aisles.
3103.4.2.1 Aisle width. Minimum aisle width in a trade show or exhibition shall comply with the following:
Square Footage of Trade Show or Exhibition Minimum Aisle Width Greater than 15,000 square feet 10 feet 5,000 square feet to 15,000 square feet 8 feet Less than 5,000 square feet 6 feet The square footage of the trade show or exhibition shall be determined by adding all of the areas being used in the occupancy for the venue, not the individual size of each room.
3103.4.3 Obstructions. Aisles shall be kept clear of all obstructions, including but not limited to, chairs, tables, product, displays, vehicles, and trailer tongues.
3103.4.4 Exit signs. Exit signs shall be visible from all locations in the occupancy.
3103.5 Exhibit construction and materials. The materials used for an exhibit shall comply with Section 3703.6.
3103.5.1 Materials.
1. Noncombustible or limited-combustible materials.
2. Wood exceeding ¼-inch (6mm) nominal thickness
3. Wood ¼-inch (6mm) nominal thickness or less that is pressure-treated fire- retardant wood meeting the requirements of NFPA 703, Standard for Fire Retardant Impregnated Wood and Fire Retardant Coatings for Building Materials. The product shall be marked or labeled by the manufacturer. See NFPA 703, Section 1.2.3 for labeling requirements. The product shall not be painted or similarly modified until the material has been inspected and the marking or labeling verified, or provide documentation acceptable to the fire code official.
3103.5.1.1 Flame retardant materials. Vertical materials shall comply with NFPA 701.
3103.5.1.2 Wall and ceiling coverings. Textile wall coverings, such as carpeting and similar products used as wall or ceiling finishes shall comply with NFPA 101, Sections 10.2.2 and 10.2.4.
3103.5.1.3 Plastics. Plastics shall be limited to those that comply with Section 803.2.1. Plastics used in trade shows and exhibitions with an occupant load of 300 or more shall be Class A or Class B. Plastics used in trade shows and exhibitions with an occupant load of less than 300, shall be Class A, Class B or Class C.
3103.6 Combustible materials storage.
3103.6.1 Quantity. Combustible materials shall be limited to a one-day supply.
3103.6.2 Location. Storage of combustible materials behind exhibits is prohibited. Combustible materials, including but not limited to wood crates, paper and cardboard boxes, shall be stored outside the building in an approved area or in a storeroom having a fire-resistance rating of at least one hour and protected by an approved automatic fire-extinguishing system.
3103.7 Fire Protection.
3103.7.1 Clearance. A minimum 3-foot (914mm) clearance shall be provided around all fire extinguishers, fire hose cabinets, fire alarm pull stations and all other fire protection equipment, and shall be visible and accessible from an aisle.
3103.7.2 Fire extinguishers. Fire extinguishers shall be in accordance with Section 906.
3103.7.3 Covered exhibits and booths.
3103.7.3.1 Automatic extinguishing systems. Approved automatic extinguishing systems shall be provided in covered exhibits and booths exceeding 300 square feet. See Section 105.7. Each level of multi-level exhibit booths shall be protected throughout, including the uppermost level where the uppermost level is covered with a ceiling.
Exception: Displays including boats, motor homes and other recreational vehicles.
3103.7.3.2 Smoke detectors. Single-station smoke detectors shall be provided in all enclosed, covered exhibits exceeding 120 square feet (111,484 cm2).
3103.8 Multi-level booths. Construction documents for all multi-level exhibits shall be approved and stamped by a licensed structural engineer or architect and shall be submitted with the permit application. This includes any exhibit where a live load is proposed above the exhibit area floor level, regardless of the accessibility of the area to the public. Upper levels of multi-level booths with an occupant load greater than 10 persons shall have at least 2 remote exits.
3103.8 Hazardous Materials. Hazardous materials shall comply with Section 4703.10 and Chapter 27.
3103.8.1 Specific prohibitions. The following hazardous materials and operations are prohibited in trade shows and exhibitions:
1. Division 1.1, 1.2, 1.3, and 1.5 explosives as classified by the U.S. Department of Transportation.
2. Detonable, Class I and Class II organic peroxides.
3. Class I-A flammable liquids.
4. Class 4 and Class 3 oxidizers.
5. Class 4 and Class 3 (unstable) reactive materials.
6. Class 3 water-reactive materials.
7. Pyrophoric materials.
8. Highly toxic materials
9. Toxic gases.
10. Fueling or defueling of flammable or combustible liquids or compressed gases.
3103.9 Decorations. Curtains, drapes and decorations including, but is not limited to drapes, signs, banners, acoustical materials, cotton, hay, fabric, paper, straw, moss, split bamboo, and wood chips shall be flame resistant as demonstrated by testing in accordance with NFPA 701, or provide documentation of flame retardancy. Materials that cannot be treated for flame retardancy shall not be used. This includes but is not limited to oilcloth, tarpaper, nylon, plastic cloth, and other plastic materials.
3103.10 Liquid-and Gas-fueled vehicles and equipment. Liquid- and gas-fueled vehicles used for display, competition or demonstration within a building shall be in accordance with Section 314.4.
3103.11 Demonstration Cooking and warming equipment and devices.
3103.11.1 General. Cooking and warming devices shall be in accordance with Section 4703.13. This section shall apply to the use of cooking and warming devices for demonstration purposes only.
3103.11.2 Public Isolation. The equipment and devices shall be isolated from the public by not less than 4 feet (1219mm) or by a noncombustible 3-sided barrier between the equipment and devices and the public.
3103.11.3 Protection. Single-well cooking equipment using combustible oils or solids shall meet the following:
1. A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely.
2. The cooking surface shall not exceed 288 square inches (18,580mm).
3. The equipment shall be placed on a noncombustible surface.
4. The equipment shall be separated from each other by a horizontal distance of not less than 2 feet (609mm).
3103.11.4 Fire extinguishers. An approved 20-B: C rated dry chemical fire extinguisher shall be provided within 30 feet (9144mm) of deep fat fryers using animal fat oil. An approved Class K rated fire extinguisher shall be provided within 30 feet (9144mm) of deep fat fryers using vegetable oils.
3103.11.5 The cooking equipment shall be separated from combustible materials by a horizontal distance of at least 2 feet (609mm).
3103.12 Electrical. See Section 605. 3103.13 Open flame devices. See Section 308. 3103.14 Lasers. Lasers shall comply with State of Arizona regulations.
SECTION 3104
OUTDOOR ASSEMBLY EVENTS
3104.1 General. Outdoor assembly events shall be in accordance with Section 4704.
3104.2 Occupant load. The fire code official shall establish an occupant load for the event site when not in conjunction with building occupant loads determined under the IBC.
3104.3 Exits. Exits as remote from each other as practical shall be provided as follows:
Occupant Load
| Minimum Number of Exits
|
| 500 - 4,999 | 2 |
| 5,000 - 8,999 | 3 |
| 9,000 or more | 4 |
3104.3.1 Width. The aggregate clear width of exits shall be a minimum of 36 inches wide (914mm) for each 500 persons to be accommodated.
3104.3.2 Signs. Exits shall be identified with signs that read “EXIT”. The signs shall be weather-resistant with red lettering on a contrasting background. The lettering shall be of sufficient height and brush stroke to be immediately visible from 75 feet (22,860mm). Placement of the exit signs shall be approved by the fire code official.
3104.4 Access. Fire apparatus access roads shall be provided in accordance with Chapter 5.
3104.5 Fire extinguishers.
3104.5.1 General. Portable fire extinguishers shall be provided for the entire event site in accordance with Section 906.
3104.5.2 Travel distance. Maximum travel distance to reach a portable fire extinguisher shall not exceed 75 feet (22,860mm).
3104.6 Electrical equipment. Electrical equipment and installations shall comply with the National Electrical Code.
3104.7 Concession stands and food booths.
3104.7.1 General. Concession stands and food booths shall be in accordance with Section 4704.7.
3104.7.1.1 Distances. A minimum of 10 feet (3048mm) shall be provided behind booths when placed back-to-back. A minimum of 20 feet (6096mm) shall be provided between every 150 feet (45,720mm) of concession stand and food booth space. A minimum of 30 feet (9144mm) shall be provided between food booths and the parking of automobiles, generators, or any other internal combustion engine.
3104.7.1.2 Location. Concession stands used for cooking shall have a minimum of 10 feet (3048mm) of clearance on 2 sides and shall not be located within 10 feet (3048mm) of amusement rides or devices.
Exception: hotdog carts that are licensed by the City for use in right-of-ways.
3104.7.1.3 Fire extinguishers. An approved 20-B: C rated dry chemical fire extinguisher shall be provided within 30 feet (9144mm) of deep fat fryers using animal fat oil. An approved Class K rated fire extinguisher shall be provided within 30 feet (9144mm) of deep fat fryers using vegetable oils.
3104.7.2 Cooking appliances or devices.
3104.7.2.1 Public isolation. Concession stand and food booth cooking appliances or devices shall be isolated from the public by providing the following:
1. A minimum of 4 feet (1219mm) between the cooking appliances or devices from the front of the booth, or
2. A noncombustible 3-sided shield installed between the cooking appliance or device and the public.
A minimum of 3 feet (914mm) shall be provided between concession stands and food booths and solid fuel-burning appliances or devices.
3104.7.3 Liquefied petroleum gas (LP-gas). LP-gas shall be in accordance with Chapter 38 and NFPA 58.
3104.7.3.1 Maximum number and quantity. A maximum of two LP-gas containers with a total aggregate water capacity of 25 gallons (95L) is permitted at one concession stand or food booth.
3104.7.3.2 LP-gas cylinder hoses. Hoses shall be designed for a working pressure of 350 PSIG with a safety factor of 5 to 1 and shall be continuously marked with LP-GAS, PROPANE, 350 PSI WORKING PRESSURE, and the manufacturer’s name or trademark. Hose assemblies, after the application of couplings, shall have a design capability of 700 PSIG. Hose assemblies shall be leak tested at the time of installation at not less the operating pressure of the system in which they are installed. The hose length shall be 36-inches (914mm) or less.
3104.7.3.3 Storage of containers. Containers shall be stored in accordance with Chapter 38.
3104.8 Internal combustion engines. Internal combustion power sources, generators and similar equipment shall be in accordance with Section 4704.8.
3104.8.1 Fueling. Fueling of internal combustion power sources shall be conducted only when not in use.
3104.8.2 Protection. Internal combustion power sources shall be isolated from the public by physical guard, fence or enclosure installed at least 3 feet (914mm) away from the internal combustion power source.
3104.9 Water stations. When outdoor temperatures are expected to exceed 100oF (38oC), the event sponsor shall provide and maintain a minimum of one staffed water station for each 25,000-projected attendance. The water station shall include adequate water supply and cups, and a means for rapid replenishing of exhausted water and ice supplies. Each water stations shall be located as far apart as practicable to allow ease of access for event attendees.
SECTION 3105
SPECIAL AMUSEMENT BUILDINGS
3105.1 General. Special amusement buildings shall be in accordance with this section, Section 411 of the International Building Code, and this section.
Exception: Amusement buildings or portions thereof, that are without walls or a roof and constructed to prevent the accumulation of smoke.
3105.2 Use of combustible decorative materials. Use of combustible decorative materials shall be in accordance with Chapter 3.
3107.4 Combustible decorative materials. Combustible decorative materials shall be Class A in accordance with Chapter 8
3105.3 Assistance. Adult monitors with flashlights shall be available to provide assistance in the event someone becomes lost or disoriented.
3105.4 Automatic sprinkler system. Special amusement buildings shall be equipped throughout with an automatic sprinkler system in accordance with Chapter 9.
3105.4.1 Temporary special amusement buildings. Where the special amusement building is temporary, the sprinkler water supply shall be of an approved temporary means. The sprinkler piping shall be connected to a temporary water supply having sufficient capacity (flow and pressure) to supply residential or standard quick spray response sprinkler heads at a minimum design density of 0.15 gpm per square foot of protected floor area. The design shall be based on flowing the six most hydraulically remote sprinkler heads. Should the temporary amusement building contain less than six heads, the design shall assume that all heads are flowing simultaneously. The temporary water supply may be connected to either a domestic water line, a fire line, or temporary on-site storage, as long as the minimum design densities are met. An indicating type control valve shall be installed in an accessible location between the sprinkler system and the connection to the water supply. When the temporary sprinkler system is installed from a domestic water line, back flow prevention shall be provided in accordance with the requirements of the Plumbing Code.
SECTION 3106
OUTDOOR MAZES
3106.1 General. Outdoor mazes including, but not limited to corn stalk or hedge mazes, shall be in accordance with Section 3706.
3106.1.1 Smoking and open flame devices. Smoking and open flame devices shall not be permitted within 50 feet of the maze site.
3106.1.2 Safe refuge areas. Safe refuge areas shall be established outside of the maze or building and structure, and not closer than 50 feet (15240mm).
3106.1.3 Generators. When generators are installed, a permit from the Development Services Department shall be obtained. The generators shall be installed at least 10 feet (3048mm) from combustible materials.
3106.1.4 Paths. Paths throughout the maze shall be a minimum of 36 inches (914mm) clear and unobstructed width.
3106.1.5 Separation. A minimum of 20 feet (6096mm) shall be provided between mazes and buildings and structures. The 20-foot (6096mm) clearance shall be free from vegetation and obstructions.
3106.1.6 Means of egress. Each exit shall be a minimum of 6 feet (1828mm) wide.
3106.1.6.1 Travel distance. The maximum travel distance to reach an exit access shall not exceed 75 feet (22,860mm). The travel distance shall be determined by using the maze path.
3106.1.6.2 Number. The travel distance required to reach an exit access shall determine the number of exits required. Locking devices shall not be allowed on exits when the maze is occupied.
3106.1.6.3 Exit signs. Exit signs shall be provided next to or above each exit. The lettering shall be a minimum of 12 inches (305mm) high with 2-inch (51mm) brushstroke. The signs shall read EXIT with lettering in a color contrasting to the sign’s background.
3106.1.6.4 Fire extinguishers. A minimum 2: A:10-B:C portable fire extinguisher shall be provided at each exit.
3106.2 Permit application. At time of permit application, the event coordinator shall submit to the fire code official, a letter from the property owner authorizing the use of the site, the address of the site, dates and hours of operation and names and 24-hour phone numbers of at least two principals.
3106.2.1 Event plans. The following plans shall be submitted to the fire code official for approval.
3106.2.1.2 General fire safety plan. The plan shall include, but not be limited to procedures that shall be used to prevent over-drying of vegetation throughout the site, documentation of decorative materials flame-retardancy, the maximum number of attendees.
3106.2.1.3 Security plan. The plan shall document who shall provide security (e.g., off-duty Police Officers, Sheriff’s posse, and employees). Each security personnel shall be provided with a 2-way radio and flashlight.
3106.2.1.4 Evacuation plans. The plan shall document the responsibilities of all on-site employees. The plan shall also document how attendees will be evacuated, and where they will be evacuated.
3106.2.1.5 Maze rules. Each attendee shall be provided with maze rules.
3106.3 Employee responsibilities. Each employee shall be familiar with the evacuation plan and with fire extinguisher locations.
3106.3.1 Guides. An employee shall be responsible for guiding a group of not more than 14 attendees through the maze. Each employee shall be provided with a minimum of one “D” size flashlight and two-way radio. The employees shall be responsible for detecting and reporting fire or smoke to a competent person posted at the maze main entrance.
3106.3.2 Main entrance employee. Each maze shall be manned by an employee at the entrance. The employee shall be capable of communicating with the employees and shall be provided with a cellular telephone. When the main entrance employee receives a report of smoke, fire or injury, the employee shall immediately call 9-1-1.
3106.4 Watering. Corn stalk and hedge mazes shall be provided with sufficient water and at a frequency that prevents the vegetation from becoming dry or brittle. Failure to comply with this provision is an imminent hazard and the fire code official shall issue a stop order.
3106.5 Buildings and structures. When buildings and structures are intended to be occupied by attendees, the building and structure shall comply with Section 4705.
APPENDICES
The following appendices are adopted:
Appendix A
Appendix BAppendix CAppendix DAppendix EAppendix FAppendix G
HISTORY
Amended by Ord. 797-22 on 10/19/2022
7-3-1 MAG Standard Specifications And Uniform Details For Public Works Construction7-3-2 MAG Building Code Standards NotebookHISTORY
Amended by Ord. 209-01 on 11/7/2001
Those certain specifications entitled “MAG Standard Specifications and Uniform Details for Public Works Construction”, sponsored and distributed by the Maricopa Association of Governments (MAG), are hereby adopted by the town and made part of this chapter the same as though said specifications were specifically set forth in full herein; and at least three copies of said specifications shall be filed in the office of the town clerk and kept available for public use and inspection.
Those certain specifications entitled “MAG Building Code Standards Notebook”, sponsored and distributed by the Maricopa Association of Governments (MAG), and hereby adopted by the town and made part of this chapter the same as though said specifications were specifically set forth in full herein; and at least three copies of said specifications shall be filed in the office of the town clerk and kept available for public use and inspection.
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 Community Development Department or such other person the council may appoint.
HISTORY
Amended by Ord. 476-10 on 2/17/2010
7-5-1 Definitions7-5-2 Underground Utility Lines7-5-3 Exceptions7-5-4 Town Participation As Developer7-5-5 Waiver Of Underground Installation RequirementsHISTORY
Adopted by Ord. 69-95 on 9/6/1995
In this article, unless the context otherwise requires:
"Developer" means the individual, firm, corporation, partnership, association, syndication, trust or other legal entity (other than the serving utility) that is responsible for the development of land thereby creating a demand for service or causes alteration of existing services.
"Distribution feeder" means that portion of the distribution system feeding from a distribution substation to a specific load area and having a capacity of over three KVA and less than
12.5 KVA.
"Existing utility poles and wires" means such poles and wires and other related facilities that are in place and in operation as of October 6, 1995 and including repairs, replacements, additions, enlargements or betterments, changes, improvements hereinafter made to maintain or increase service capabilities of existing utility poles, wires, service drops and other facilities, but it does not include extensions made to existing distribution lines.
"New utility poles and wires" means poles and structures, wires, cables, transformers and other related facilities used in or as a part of the distribution or transmission of electricity or in the transmission of telephone, telegraph, radio or television communications that are not in place as of October 6, 1995 and constituting new extensions made from existing poles and wires.
"Transmission line" means an electric line used for the bulk transmission of electricity between generating or receiving points and major substations or delivery points, having a rating greater than twelve thousand five hundred volts.
"Underground Policy" means the then current policy governing payment of the cost of undergrounding distribution feeders and service facilities as established by the serving utility.
HISTORY
Adopted by Ord. 69-95 on 9/6/1995
Except as exempted in Section 7-5-3, all existing and new utility and telephone lines, electric utility distribution feeders, cable television lines and all other communication and utility lines adjacent to or within new residential, commercial or industrial subdivisions or other areas to be developed within the town shall be installed underground at the time of development of the property as part of the required off-site and on-site improvements. The developer of the property shall be responsible for the costs of the underground construction in accordance with the underground policy of the serving utility.
HISTORY
Adopted by Ord. 69-95 on 9/6/1995
The following construction may occur without meeting the underground installation requirements:
- Transmission lines and betterment to existing utilities together with related switch yards, substations and related equipment.
- Repair or improvement of existing utility poles and wires by the serving utility, provided that activity is not initiated on request of or by a developer.
- Installation of new utility poles and wires or relocation of existing utility poles and wires not initiated by a developer.
- Pad-mounted transformers or pull boxes, service terminals, pedestal type telephone terminals, telephone splice closures or similar on-the-ground facilities attached to existing overhead facilities which are used for the purpose of connecting an underground system with the existing facilities.
- Temporary service facilities, such as facilities to furnish emergency service during an outage, facilities to provide service to construction sites, or other service of a limited duration, such as to a fair, carnival, outdoor exhibit or function where the facilities will be installed for a temporary period only.
- New service drops or improvement of existing service drops from existing overhead lines to single family residential customers, except when underground service is required by the town subdivision regulations.
HISTORY
Adopted by Ord. 69-95 on 9/6/1995
In the event of relocation, improvement or repair of existing utility poles and wires or installation of new utility poles and wires by the serving utility, the town may elect to act as a developer and participate in the cost of underground installation in accordance with the underground installation policy of the utility. Prior to commencing any relocation, improvement or installation work within the town, the serving utility shall notify the town engineer of the pending action. Within thirty days of receipt of notification, the town will determine its intent to act as developer and notify the utility of the decision.
HISTORY
Adopted by Ord. 69-95 on 9/6/1995
The council, upon petition by a developer, may waive or modify the requirements for underground installation of existing or new utility lines based on the findings that the strict enforcement of this article would constitute an undue hardship on the developer and the minimal benefits would accrue to the town. The council's decision shall include but not be limited to review and analysis of the following factors:
- The extent of existing overhead lines and poles in the immediate area of the project.
- The location and heights of such poles and wires and their relation to present or future roads.
- The crossing of such lines over much traveled highways or streets.
- The proximity of such lines to schools, churches, commercial areas or other places where people congregate.
- The aesthetic appearance of that portion of the town should the lines be installed overhead instead of underground.
- The impact on future development expected in the area.
- The practicality and feasibility of underground installation with due regard for the comparative costs between underground overhead installations; however, a mere showing that an underground installation is more costly than overhead shall not be the sole criteria for granting a waiver.
HISTORY
Adopted by Ord. 69-95 on 9/6/1995
7-6-1 General: Planning And Engineering Review And Construction Monitoring Fees7-6-2 Technical Study Review Fees7-6-3 Engineering Plan Review Fees7-6-4 Construction Monitoring Fees7-6-5 GIS/Mapping Fees7-6-6 Planning Administrative Fees7-6-7 Planning And Zoning Review Fees7-6-8 General: Building Safety And Permitting Fees7-6-9 Valuation7-6-10 Fee Table7-6-11 Permit Fees7-6-12 Building Safety Plan Review Fees7-6-13 Building Safety Inspection Fees7-6-14 Miscellaneous Building Safety And Permitting Fees7-6-15 General Fire Prevention Fees: Fire Prevention Permitting, Fire Prevention Plan Review, Fire Prevention Inspection Fees7-6-16 Fire Prevention Permit Fees7-6-17 Fire Prevention Plan Review Fees7-6-18 Miscellaneous Fire Prevention FeesHISTORY
Adopted by Ord. 294-04 on 7/21/2004
Amended by Ord. 424-08 on 4/16/2008
Amended by Ord. 444-09 on 1/21/2009
Amended by Ord. 447-09 on 4/15/2009
Amended by Ord. 463-09 on 12/2/2009
Amended by Ord. 482-10 on 12/15/2010
Fees are charged for the following services provided by the Town of Queen Creek:
- Review of site plan, development plan, design review, plats, zoning and other documents submitted through the Town’s Planning Processes;
- Review of technical studies, reports, drawings and documents for drainage, water, sewer, sewer pre-treatment, traffic, property surveys, environmental, geotechnical, and other reports related to permits issued by the Town;
- Review of construction drawings for grading, paving, utilities, drainage facilities, flood irrigation, landscaping, parks, trail systems, sidewalks, streetlight improvement districts, signing, striping, traffic signals and other work permitted by the Town;
- Construction monitoring of grading, paving, utility installation, drainage facilities, flood irrigation, landscaping, parks, trails systems, sidewalks, streetlights, signing, striping, traffic signals and other work permitted by the Town;
- Collection and preparation of data relating to “as-built” construction in a GIS Format; and
- Preparing new addresses and address changes for residential and commercial/retail properties.
HISTORY
Amended by Ord. 424-08 on 4/16/2008
- Final Drainage Report
- Master residential - (>500 lots) - $1,200 + $1/ lot
- Individual parcel within master residential - $500
- Major residential - (>10 lots) - $300 + $25/acre
- Minor residential - (1 to 10 lots) - $500
- Commercial subdivision - $500 + $25/acre
- Individual commercial - $500
- Coordination with MCFCD/PCFCD - $800
- Final Water Report - $200 + $1 /lot
- Final Sewer Report - $200 + $1 /lot
- Sewer Pre-Treatment -$200 + $1 /lot
- Final Traffic Report
- Master residential - (>500 lots) - $1,200
- Major residential (requiring traffic report) - $850
- Commercial subdivision - (>20 acres) - $850
- Individual commercial - (<20 acres) - $500
- Surcharge for general plan regional commercial zone - $400
- Amendment to commercial or residential - $250
- Geotechnical Report - $400 + $1/ lot
- Final Environmental Report - $200 + $1/lot
- Fissure Report - $400 + $1/lot
- C.C.& R. Report - $100
- ALTA Survey - $150
| Final Plat | $1,200 + $20/lot
|
Final Plat Amendment
| 50% of original Final Plat Fee
|
Site Grading Plans
| $275/sheet
|
Paving Plans with Ribbon Curb
| $275/sheet
|
Paving Plans with Curb and Gutter
| $275/sheet
|
Signing and Striping Plans
| $275/sheet
|
Sewer Plans
| $275/sheet
|
Drainage Channel/Storm Drain Plans
| $275/sheet
|
Water Plans (1)
| $275/sheet
|
Flood Irrigation Plans
| $275/sheet
|
Landscape and Irrigation Plans
| $275/sheet
|
S.L.I.D. assessment Diagrams & Documents
| $1,000/sheet
|
Multi-Family Site improvement Plans
| $500/sheet + $100/ acre
|
Office and Condominium
| $500/sheet + $100/ acre
|
Commercial Site Improvement Plans
| $500/sheet + $100/ acre
|
Industrial Site Improvement Plans
| $500/sheet + $100/ acre
|
Street Light Improvement Plans
| $275/sheet
|
As-built plan reviews
| $100/each
|
Engineers Cost Estimate
| $250/each
|
Revisions of approved plans
| $100/each
|
Map of Dedication
| $1,500
|
Lot Split/Lot Tie/Lot Adjustment
| $350
|
Easement Abandonment
| $1,000 for a single family property; $1,500 for non-residential or subdivisions
|
Easement Dedication
| $1,000 for a single family property; $1,500 for non-residential or subdivisions
|
Right of Way Abandonment
| $1,000 for a single family property; $1,500 for non-residential or subdivisions
|
Right of Way Dedication
| $1,000 for a single family property; $1,500 for non-residential or subdivisions
|
Application for modification or correction of Assessments
| $500 base fee, plus all outside engineering and legal fees incurred by the Town
|
Assurance of Construction Documents
| $500
|
| Modification to assurances of construction, including but not limited to reductions, substitutions and lot sale prohibitions
| $400/occurrence
|
Special Studies (as required)
| Actual Consultant Cost, plus 15%
|
Certificate of Correction
| $500/application
|
Subdivision Recording(1)
| Actual Expense to Town + $93 administrative fee
|
**all review fees are for first and second submittal. Third and subsequent submittals will be at 15% of original engineering plan review fee.
Notes:
(1) Separate subdivision recording fees are charged by Maricopa County Recorder’s Office. The Town of Queen Creek collects both fees.
| Processing fee | Unit | Unit Cost |
|
|
|
|
|
| Sewer Line Video | LF | $1.25 |
| Permit Application Fee | EA | $80 | Sewer Lines | LF | $0.75 |
| Permit extension (up to 180 days) | EA | $80 | Sewer Services (Right of Way)
| LF | $0.50 |
Permit refund (prior to commencing work) 80% of fee maximum (no later than 30 days after permit expiration, and upon written request by the Applicant
|
|
| Taps | EA | $50.00 |
| Paving | Unit | Unit Cost | Site Grading/Drainage | Unit | Unit Cost |
Adj. Str. to Fin. Gr.
| EA | $10.00 |
|
|
|
Asphalt Paving - Streets
| SY | $0.35 |
|
|
|
| Barricades | EA | $30.00 | Catch Basins
| EA | $40.00 |
| Guard Rail | LF | $0.50 | Commercial (1 acre min.)
| ACRE | $250.00 |
| Overlay - Streets | SY | $0.15 | Cutoff Walls | LF | $0.20 |
| Overlay with Milling | SY | $0.20 | Drywalls | EA | $70.00 |
| Paving - On Site | SY | $0.10 | Headwalls | EA | $40.00 |
Q.C. Survey Monuments
| EA | $10.00 | Manholes | EA | $50.00 |
Town street Signs & Bases
| EA | $5.00 | Residential (Non-Subdivision)
| ACRE | $100.00 |
|
|
| Residential (Subdivision)
| LOT | $10.00 |
| Concrete | Unit | Unit Cost |
|
|
|
| ADA Ramps | EA | $25.00 | Retention Basins | ACRE | $250.00 |
| Aprons | EA | $12.00 | Slope Protection | SY | $0.35 |
| Curb & Gutter | LF | $0.20 | Storm Drains | LF | $0.95 |
| Decorative Pavers | SF | $0.45 | Street Lights | Unit | Unit Cost |
| Driveways - Commercial | EA | $100.00 | St. Lights (includes SRP set-up) | EA | $230.00 |
| Driveways - Residential | EA | $25.00 |
|
|
|
| Pipe Encasement | EA | $50.00 | Traffic Signals | Unit | Unit Cost |
| Scuppers | EA | $20.00 | Traffic Inter-tie Conduit | LF | $0.20 |
| Sidewalk | SF | $0.08 | Traffic Signals | EA | $50.00 |
| Valley Gutter | LF | $0.30 |
|
|
|
| Water | Unit | Unit Cost | Miscellaneous | Unit | Unit Cost |
|
|
| Irrigation Lines
| LF | $0.50 |
| Backflow Device | EA | $50.00 | Utility Trench Crossings | EA | $10.00 |
| Fire Hydrants | EA | $15.00 | Utility Trenches | LF | $0.20 |
| Water Lines (Backfill) | LF | $1.00 | Landscaping & Irrigation | SF | $0.01 |
| Services (In Right of Way) | LF | $0.25 | Mail box | EA | $20.00 |
| Sewer | Unit | Unit Cost | Overtime Inspection | Unit | Unit Cost |
| Clean Outs | EA | $35.00 | Weekdays (1 hr. min)
| HR | $90 |
| Interceptor | EA | $250.00 | Weekends (4 hr. min)
| HR | $90.00 |
| Manholes | EA | $50.00 | Holidays (4 hr. Min)
| HR | $120.00 |
GIS/Mapping fees are currently built into the Construction Monitoring Fees.
- Address Assignment during subdivision process - $5/address
- Address Assignment at time of building permit (1) - $10/address
- Address Assigned to vacant property prior to subdivision or permit - $25/address
- Address changed during subdivision process - $5/address
- Street Number Change - $50/address
- Street Name Change - $500/street
- Board of Adjustment - $300
- Appeal/Zoning Administrator - $300
- Continuance - at applicant’s request (otherwise explicitly provided in this section) - $250
- Time Extension - at applicant’s request - $250
- Zoning Confirmation letter - $250
- Zoning Interpretation letter - $250
- Mailing labels if not provided - $2/label
- Public Hearing Sign - Provision & Posting - $300/sign
- Group Care Home - $250
- Work begun without Town authorization - Double current rates
Notes:
(1) There is no fee for address assignments to utility meters or other addresses not assigned to buildings.
All application fees are non-refundable.
- Pre-Application - $350/meeting
- Annexation
> 20 acres - $1,600
_______________
< 20 acres - $1,200
- Temporary Use - $250
- Conditional Use
Residential - $250 + $30/acre + $50 fire review
Commercial - $1,000 + $30/acre + $50 fire review
- Design Review - $1,500
- Design Review/Modification - $500
- Preliminary Plat - $1,600 + $40/lot
- General Plan/Area Specific Amendment
Minor - $2,000 + $20/acre
Major - $5,500 + $20/acre
- Continuance of General Plan / Area Specific Plan Amendment (as requested by the applicant) - 50% of Original General Plan Amendment / Area Specific Amendment Application Fee
- Sign Permit Application - $125 per individual sign
- Comprehensive Sign Package - $750
- Site Plan
Residential - $1,300 + $50/acre
Non-Residential - $2,000 + $50/acre
- Site Plan Amendment (1) - 50% of original fee
- Subdivision - $1,000 + $20/lot
- Text Amendment: Zoning Ordinance - $2,000
- Text Amendment: Sub. Ordinance - $2,000
- Text Amendment: General Plan - $2,000
- Rezoning
<20 acres - $1,600 + $50/acre
________________________
>20 acres - $2,000 + $50/acre
- Planned Area Development (PAD)
<20 acres - $1,600 + $50/ acre
________________________
>20 acres - $2,000 + $50/acre
- PAD Amendments - 50% of original fee
- Variance
Residential Minor (2) - $100
Residential Standard (3) - $500
Commercial - $1,000
Notes: (1-3)
(1) Amendments that are determined by the Zoning Administrator to constitute a substantial change in the Council adopted plan, shall be required to remit the entire original filing fee.
(2) Minor Variance=A determination made by the Zoning Administrator consisting of an addition to any structure that is less than 20% of the aggregate site’s building area or two (2) feet or less encroachments. Examples include small room additions, patio covers.
(3) Standard Variance=A determination made by the Zoning Administrator consisting of any addition to any structure that is greater than 20% of the aggregate site’s building area and encroachments greater than two (2) feet.
HISTORY
Amended by Ord. 424-08 on 4/16/2008
Amended by Ord. 444-09 on 1/21/2009
Amended by Ord. 463-09 on 12/2/2009
- The purpose of the permit fees are to ensure that the costs for providing enforcement and administration services are borne entirely by the construction activity prompting the need for such services.
- The fee for each permit and other services provided by the Building Safety Division shall be as set forth in Article 7-6.
- The effective date for revisions to the schedule of fees and charges shall be as stated in the ordinance adopted by the Town Council.
HISTORY
Adopted by Ord. 424-08 on 4/16/2008
The valuation data table referred to herein shall be used to calculate the construction valuation used in computing building permit and plan review fees. For the purposes of determining valuation the most current valuation table as published in February 2008 issue of the Building Safety Journal published by The International Code Council shall be used. The valuation table will be kept on file with the Town Clerk’s office, or may also be obtained directly from the International Code Council at 500 New Jersey Avenue, Nw, 6th Floor, Washington, D.C. 20001-2070, the construction valuation shall include the total value of the proposed work, including structural, electrical, plumbing, mechanical, interior finish and normal site preparation. The data does not include the cost of the land. Actual construction costs may exceed or be less than the building valuation designated herein. The building valuation is the average cost based on published data.
The valuation data table does not apply to alterations or repairs to existing buildings. Alterations and repairs shall be determined by actual construction costs. For reference purposes the Building Official may use published data such as Rs Means Building Construction Cost Data when the construction costs submitted is in question. Any valuation not specifically provided for shall be determined by the Building Official and shall be classified in the use and construction type it most nearly resembles.
The Building Official shall update the valuation data table on March 1 of each year with the most current valuation data table published in February of each year in the Building Safety Journal Published by The International Code Council.
The valuation table currently in effect will be kept on file with the Town Clerks office, or may also be obtained directly from the International Code Council At 500 New Jersey Avenue, Nw, 6th Floor, Washington, D.C. 20001-2070.
HISTORY
Adopted by Ord. 424-08 on 4/16/2008
TOTAL VALUATION
| fee |
$1.00 TO $500
| $24.00 |
$501 TO $2,000
| $24.00 for the first $500; plus $3 for each additional $100, or fraction thereof, to and including $2,000.
|
$2,001 TO $40,000
| $69.00 for the first $2,000.00 plus $11.00 for each additional $1,000, or fraction thereof, to and including $40,000.
|
$40,001 TO $100,000
| $487.00 for the first $40,000 plus $9.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.
|
$100,001 TO $500,000
| $1,027 for the first $100,000 plus $7.00 for each additional $1,000 or fraction thereof, to and including $500,000.
|
$500,001 TO $ 1,000,000
| $3,827 for the first $500,000 plus $5 for each additional $1,000.00, or fraction thereof, to and including $1,000,000
|
$1,000,001 TO $5,000,000
| $6,327 for the first $1,000,000 plus $3 for each additional $1,000.00, or fraction thereof, to and including $5,000,000
|
$5,000,001 AND OVER
| $18,327 for the first $5,000,000.00 plus $1.00 for each additional $1,000, or fraction thereof
|
BUILDING AREA: For fee calculation purposes, the building area in square feet shall be the total area of all floors under roof and enclosed within the outer surfaces of the exterior surrounding walls or columns. Building area includes roofed patios, roofed porches, bay windows, basements, mezzanines, penthouses and other mechanical spaces. Building area does not include roof eaves not exceeding 3 feet in horizontal projection, overhangs not exceeding 3 feet in horizontal projection, courts open at the top, vent shafts open at the top, unroofed patios and unroofed porches.
(Shall be based on the valuation table or the applicant’s valuation – whichever is greater).
- Building permit – combination (not including fire systems) - per fee table
- Building permit (stand alone permit) - 60% of fee table
- Plumbing permit (stand alone permit) - 25% of fee table
- Electrical permit (stand alone permit) - 10% of fee table
- Mechanical permit (stand alone permit) - 5% of fee table
A stand alone permit shall also include a $20 administrative fee for each permit.
- Demolition permit:
residential accessory structure - $100
one- or two-family dwelling - $100
structures other than above (per structure) - $200
- Fence/wall permit
- single family open style fence (such as but not limited to rail or wire) - $98
- single family solid style fence: (any fencing that can divert water flow) - $198
- subdivision perimeter fence/walls - 40% of fee table
- other than single family - per fee table
- Swimming pool permit
- in-ground pools and spas (includes stand-alone permits. does not include fences/wall - barrier) - $225
- above-ground pools and spas (includes stand-alone permits. does not include fences/wall - barrier) - $150
- Temporary construction/sales trailer* - $200
*(INSTALLATION ONLY – SEPARATE PERMITS REQUIRED FOR ELECTRICAL, WATER, AND SEWER.)
- Manufactured home permit (permit & 2 inspections) - $280
- Temporary electric power permit - $95
- Sewer connection permit - $95
- Building relocation permit (electric, mech., plumbing permit is not included) - $100 each
- Permit extension (up to 180 days) - $50
- Renew expired permit (after permit extension expires): A new permit fee shall be paid based on the current fee schedule
- Noise permit - $150
- “Foundation-only” permit - 20% of applicable permit fee
Foundation only permit premiums shall not be credited toward the building permit or any other fee.
- Utility clearance permit * (2 inspections maximum) - $150
*for inspection required by utility provider when a construction permit is not applicable.
- Re-roofing (2 inspections) - $150
- Permits for existing one- and two-family dwellings (except swimming pools), including but not limited to, interior alterations, detached garages, carports, storage sheds requiring permits, patio covers and gazebos or similar structures - per fee table based on valuation
- Pool barrier enclosures - per fee table based on valuation
- Temporary structures (180 days maximum) - per fee table based on valuation
- Occupancy verification (no construction required) - $75.00/hr
(two hour minimum which includes the inspection)
- Annual Facilities Permit
Primary site: - $500/calendar year Each additional site: $250/calendar year
Plan review and inspections: $70/hour, minimum 1 hour
- *Single Family Residential Grid-Tied Photovoltaic System - $375
(includes one plan review and two inspections)
- *Single Family Residential Solar Hot Water Heating System -$150
(includes one plan review and one inspection)
HISTORY
Amended by Ord. 478-10 on 5/5/2010
- Single family
- new, additions, remodels - 65% of applicable permit fee
- standard plan (use of approved plan on file.) - $50
- Other than single family (new, additions, remodels) - 65% of applicable permit fee
- additional and subsequent identical building located on the same lot or development and submitted at the same time. - $50
- Combination permit (includes bldg, plumb, elect, mech) - 65% of applicable permit fee
- Plumbing (stand alone) - 65% of applicable permit fee
- Electrical (stand alone) - 65% of applicable permit fee
- Mechanical (stand alone) - 65% of applicable permit fee
- Swimming pool
- in-ground pool & spas - $40
- above ground pools & spas - $40
- Addendum / revisions - $180 non-refundable
- Demolition - $40
- Deferred submittals - $180 non-refundable
- Fence/wall - $75
- Miscellaneous plan review - $40/ sheet
- Third and subsequent plan reviews - 15% of applicable permit fee (due at submittal)
- Code update/existing standard plan review - $325/plan
- Re-inspection fee - $75 (plus 24 hour delay)
- Unauthorized construction - equal to the applicable permit fee
- Timed inspections - $75/hr (two hour minimum)
- Inspections outside normal business hours - $75/hr (two hour minimum)
- Inspections for which no fee is specified - $75/hr (one hour minimum)
- Preliminary inspection - $75/hr (one hour minimum)
- Certificate of occupancy issued at conclusion of all code required construction - no additional charge (included with permit fee)
- Written response to requests for building code alternate methods, materials and equipment, or policy issues. Non-refundable, paid at application time. - $250
- Appeals, modifications and formal interpretation of code for single family project - $180
- Appeals, modifications and formal interpretation of code for non-single family project - $360
- Extended construction work hours permit - $250
- Special studies (as required) - actual consultant cost
- Subscription service - $12/report
- Illegible or oversized plans (exceeding 24”x36” where allowed). Building permit drawings submitted on larger than 24" x 36" sheets shall be subject to a premium fee, over and above the plan review fee, of $75 per sheet, as applicable.
- Replacement of lost plans - $90 per plan or actual cost, whichever is greater
- Replacement of inspection record card - $20
- Replacement certificate of occupancy - $20
- Residential certificate of occupancy - $40
- Replacement of permit - $20
- Building code board of appeals (non-refundable) - $250
- Temporary certificate of occupancy
- initial issuance - no charge
- subsequent extensions (non refundable) - $250/extension
- Refund: permit fees prior to commencing work - 80% of fee maximum (no later than 30 days after permit expiration, and upon written request by the applicant)
- Refund: plan review fees, prior to review - 80% of fee maximum (upon written request by the applicant)
- General (Fire Prevention Fees): The Town’s fees for plan reviews, construction permits, operating permits, occupancy inspections annual assessments, fire watch personnel, appeals and other Fire Prevention fees shall be in accordance with this ordinance and the fee schedule herein. The Fire Prevention fee schedule has been determined by the average time to complete the type of service being rendered at an hourly rate of $100 per hour (excluding Emergency Medical Equipment, Standby Personnel, and Consultant fees). Additional time to complete the services outlined herein, otherwise explicitly provided in this ordinance, will be assessed at the hourly rate.
- Permits: The Town issues Fire Prevention permits for Operational, Occupancy and Construction inspections. Other inspection services are available through prior arrangement with the Town’s Fire Prevention Bureau along with payment of the appropriate fee(s). These additional inspection services provided by the Town include overtime inspections, re-inspections, optional (non-required) inspections and requests for time-specific inspections. Fees for additional inspection services include one inspection and one re-inspection. Additional inspections will require a re-inspection fee.
- Operational Permits and Occupancy Inspections: The Operational Permits and Occupancy Inspections are both designed to allow for fire prevention inspections by the Fire Marshal, or designee, for activities that present potential fire and safety hazards to the citizens of Queen Creek and the community. Operations and occupancies subject to these permits and inspections require the Fire Inspector to take special precautions when implementing fire prevention measures. The Town’s Fire Code (International Fire Code, 2006 edition, third printing, as amended in Section 7.2.10 of the Town Code), outlines specific operations that the Town is authorized to issue an operational permit on. Additionally, the Town’s Fire Code requires all non-residential occupancies (businesses) to be inspected to determine adequate compliance with the Fire Code. The frequency of these inspections is outlined hereafter.
Operational Permits and Occupancy Inspections fees are organized into two categories: Category 1 - High, Medium, and Low Risk Inspections for Ongoing Operations/Occupancies (as defined in the Fire Code and in concurrence with this Ordinance); Category 2 - Onetime Events/Temporary Operations/Special Hazards.
In Category 1, designation as Low, Medium, or High Risk will determine the permit/inspection fee and the frequency of inspection. Designation as Low Risk shall result in a fire prevention inspection for the business once every 3 years and a permit fee of $35, paid triennially. Designation as Medium Risk shall result in a fire prevention inspection for the business once every 2 years and a permit fee of $75, paid biennially. Designation as High Risk shall result in a fire prevention inspection for the business each year and an annual permit fee of $100, plus an additional $75 annually for occupancies greater than 12,000 square feet. In Category 2, inspections and fees are per occurrence and as outlined in this Ordinance.
Operational Permits and Occupancy Inspections fees include one inspection and one re- inspection. Additional inspections will require a re-inspection fee.
- Construction Permits: The following inspections are included in the Construction Permit fee: one rough-in, one follow-up and one final inspection. Additional construction inspections will require a re-inspection fee.
- Construction Permit Expirations: Permits shall become invalid unless the work authorized by such permit is commenced and required inspections are requested by the permittee within 180 days after its issuance, or if more that 180 days elapses between required inspections. The Fire Code Official shall be authorized to grant a one-time extension, per permit, for a period not to exceed 180 days. Permits shall not be extended more than once and all requests for extensions shall be in writing. In order to renew action on a permit after expiration, new permit fees shall be paid based on the current fee schedule adopted by the Town.
- Re-inspection: A re-inspection fee may be assessed for each inspection or re- inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. If the items that were identified during the first re-inspection of a particular phase are not corrected at the time of the re-inspection, no further fire inspections will be scheduled until the re-inspection fee is paid. Re-inspection fees may also be assessed when a permit is not posted or otherwise available on the work site, the approved plans are not readily available on-site for the Fire Inspector, for failure to provide access on the date for which inspection is requested, failure to have a competent party on-site or deviating from approved plans requiring the approval of the Fire Inspector or designee. Re-inspections fees will comply with the adopted fee schedule.
- General Inspections: Otherwise explicitly provided in this ordinance, Inspection fees include one inspection and one re-inspection. Additional inspections will require a re-inspection fee.
- Plan Review Fees: Plan review fees offset the Town’s costs for the review of plans to determine compliance with applicable codes and ordinances. Fire Prevention plan review fees shall be in accordance with this ordinance and include one initial plan review and one subsequent (second) plan review. Any submittals that require third or subsequent reviews shall be charged an additional plan review fee in accordance with the fee schedule.
- Unauthorized Construction: When the Fire Inspector, or designee, determines that construction or grading work have commenced and the applicable fees were not paid, a penalty equal to the cost of the required construction permit fees shall be assessed for the work. This fee is due and payable even if a permit is not issued. This fee is non-refundable.
- Technical/Scientific Report Review Fee: A technical or scientific report is a document that describes the process, progress, and or results of technical or scientific research or the state of a technical or scientific research problem. It might also include recommendations and conclusion of the research. A Technical/Scientific Report may be required to demonstrate/validate the effectiveness of new or non standard processes. The review fee for a Technical/Scientific Report shall be $100 per hour, with a two hour minimum. Additional review time shall be assessed at $100 per hour.
- Appeals Board: An Appeal of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code shall be submitted to the Board of Appeals in accordance with Section 108 of the currently adopted International Fire Code. Appeal fees shall comply with the currently adopted fee schedule.
- Fire Watch Fees: When Fire Department personnel are required by the Fire Code to stand fire watch, the individual required to provide such service shall pay a minimum fee of $100 per person, 3 hours minimum. If the time period exceeds 3 hours, an additional fee of $100 shall be paid for each hour, or portion thereof, for each person assigned.
- Emergency Medical Equipment and Standby Personnel Fees: Emergency Medical Equipment and Standby Personnel fees help recover the cost of having firefighters, paramedics, and equipment on standby at a large/special event in case of an emergency. These events may include, but not limited to, concerts, carnivals, large outdoor assembly events and trade shows. These fees are also applicable when Town of Queen Creek firefighters, paramedics, and equipment are used to provide service outside the Towns incorporated boundaries and concurrently outside the Automatic Aid System.
- Payment of Fees: A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. A fee for each permit shall be paid as required, in accordance with the currently adopted fee schedule as established by the Town. Permit fees shall be paid at the time of issuance of a permit.
The estimated plan review fees shall be collected at the time of plan acceptance for initial review and any subsequent review. Plan review fees not captured in the plan review fee estimate (resulting from additional system elements, system components and time to perform the required plan review as outlined in this ordinance), are due at the time of plan acceptance for any subsequent review. If the plan review has been completed, any unpaid plan review fees are due at the time of issuance of a corresponding permit. If the permit has not been issued and expiration of the plan review time period has passed, as noted in Section 7.1.4.3.2 of the Queen Creek Town Code, the plan review fees shall become due and payable.
Fees for services other than plan reviews and permits, such as Fire Watch, Emergency Medical Equipment and Standby Personnel, shall be billed to the person for which such service was rendered and due upon receipt or as approved by the Town; Except fees for appeals, after-hour inspections, applicable re-inspections, outside consultant fees, and hazardous material abatement which shall be paid prior to services being rendered or as approved by the Town.
HISTORY
Adopted by Ord. 424-08 on 4/16/2008
Repealed & Replaced by Ord. 482-10 on 12/15/2010
OPERATIONAL PERMITS AND OCCUPANCY INSPECTIONS
CATEGORY 1: High, Medium, and Low Risk Inspections for Ongoing Operations
- High Risk - Annual Operating Permit / Occupancy Inspection: $100.00 annually; an additional $75 annually If > than 12,000 square feet
High Risk Inspections Include the Following Occupancies:- I – institutional
- H – hazardous (Hazmat assessment fee may also apply)
- R4 – residential
- A – assembly > 100 occupant load
- M – mercantile>50,000 square feet
- B – business> 50,000 square feet
- Multi-floor > 3 stories
- E – educational
- F – factory w/special processes or hazards
- Occupancy w/ exhaust hood ≥ 50 occupant load
- Medium Risk - Biennial Operating Permit / Occupancy Inspection: $75.00
Medium Risk Inspections Include the Following Occupancies:- A – assembly ≤ 100 occupant load
- F – factory w/o special processes
- S – storage (s1)
- R1/R2 – residential
- M – mercantile ≥12,000-50,000 square feet
- B – business ≥12,000 – 50,000 square feet
- Occupancy w/exhaust hood < 50 occupant load
- Low Risk – Triennial Fire Prevention Occupancy Inspection: $35.00
Low Risk Inspections Include the Following Occupancies:- s – storage (S2)
- b – business < 12,000 square feet
- m – mercantile < 12,000 square feet
- u – unclassified
CATEGORY 2: One Time Events / Temporary Operations / Special Hazards
| Carnivals and fairs | $200 |
| Carnivals & fairs: special scaffolding Type structures | $200 |
Explosive & blasting agents, blasting operations, fireworks blasting operations renewal:
|
|
Storage, permanent or temporary
| $100 |
Conduct blasting operations each site 1 – 30 days
| $200 + $100 for each additional 30 days or fraction thereof |
Supervised Public Display of Fireworks (pyrotechnics): new location
| $200 |
Supervised Public Display of Fireworks (pyrotechnics): per day
| $75 |
Places of assembly
|
|
1-5000 sq ft trade show
| $150 |
Greater than 5000 sq ft trade show
| $300 |
Temporary membrane structures, tents & canopies:
|
|
200 to 700 square feet
| $200 |
Greater than 700 square feet
| $300 |
| Each additional tent, canopy or temporary membrane structure at same event | $100 |
To erect an air-supported temporary membrane structure
| $200 |
| Note: Tent permit submittals shall be submitted 10 days in advance of the event. A fee of $25 per day progressive penalty shall be assessed for permit applications not submitted 10 business days prior to the event. | |
| All other special events, one-time events, temporary operations or special hazards requiring an Operational Permit by the Queen Creek Fire Code | $100 |
| Hazardous Materials: To store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20 of the Queen Creek Fire Code | $200 |
Liquefied petroleum gases – LPG:
|
|
Store, handle, use
| $100 |
Greater than 125 gal.
| $175 |
| With fire protection equipment | $300 |
CONSTRUCTION PERMITS
Access:
|
|
Access Gate (Automatic)
| $150 |
Access Gate (Manual)
| $50 |
Access Roadways
| $100 |
Alternative Surface Access Roads
| $100 |
Address Directories
| $50 |
Amusement Building (Special)
| $100 |
Battery Systems
| $200 |
Combustible Dust Producing Operations
| $100 |
Compressed Gas Systems:
| |
| compressed gas system (in excess of exempt quantities): Install, repair, abandon, remove, place out of service, close or substantially modify | $400 |
| Installation – this fee includes all systems and tanks installed at one site provided plans are submitted and inspections are conducted concurrently | $400 |
Modification
| $150 |
| Cryogenic Fluid Systems: Installation (fee includes all systems and tanks Installed at one site provided inspections are conducted concurrently) | $300 |
Cryogenic Fluid Systems: modification
| $150 |
Fire Fighter Breathing Air Systems: Installation
| $250 |
Fire Fighter Breathing Air Systems: modification
| $100 |
Fire Sprinkler Systems:
|
|
The base permit fee to install an automatic sprinkler system is $250. This fee is for the inspection (one rough-in, one follow-up and one final inspection) of one building, no greater than 50,000 sq. ft with 1-2 calculations. The maximum inspection time covered by this base permit is two and one-half hours. Additional inspection time will be calculated at the rate of $100/hour.
| Base Permit Fee $250
|
Installations requiring additional system elements shall be assessed the base permit fee plus the additional permit fees indicated below (b-s):
| |
Additional calculations (design areas) 12,001 sq. ft – 50,000 sq. ft.
| $100 |
Each additional 50,000 sq. ft. or fraction thereof
| $100 |
Each additional building using the same fire protection design plan
| $200 |
Each additional story above or below grade
| $100 |
Each PRV (pressure relief valve)
| $50 |
Installation of each water-based special extinguishing system Note: This does not include any associated detection or fire alarm equipment
| $100 |
Each pre-action system
| $150 |
Each deluge system
| $150 |
Each aqueous film forming foam-water based system
| $200 |
Each in-rack sprinkler system
| $100 |
Each UL or FM fire pumps, jockey pumps, and controller
| $500 |
Each static water tank
| $200 |
Each high challenge commodity (exception: Group A Plastics)
| $200 |
Each standpipes per stair
| $150 |
Standpipe System 1-4 outlets not part of a sprinkler system
| $200 |
Each additional floor level outlet
| $50 |
| UL or FM fire pumps, jockey pumps, and controllers not part of a sprinkler system | $500 |
| Inspection of Halon, Dry Chemical, Carbon Monoxide Extinguishing Systems, FM 200 or other Special Extinguishing Systems | $250 |
Fire Sprinkler Systems Modification:
| |
1-200 heads
| $200 |
Each additional 1-200 heads, or fraction thereof
| $200 |
Each story above or below
| $100 |
Fire Alarm Systems:
|
|
| The base permit fee to install a fire alarm system (including initiating/notification devices and fire alarm panel replacement) is $250. This fee is for the inspection (one rough-in, one follow-up and one final inspection) of one building, no greater than 50,000 sq. ft. The maximum inspection time covered by this base permit is two and one-half hours. Additional inspection time will be calculated at the rate of $100/hour. | Base Permit Fee: $250
|
| Installations requiring additional system elements shall be assessed the base permit fee plus the additional permit fees indicated below (b-k): |
Each additional building using the same fire protection design plan
| $200 |
Each additional 50,000 sq. ft. or fraction thereof
| $200 |
Each additional story above or below grade
| $100 |
First 1-10 flame detection devices
| $100 |
| Each additional 1-10 flame detection devices | $100 |
| First 1-10 beam detection devices | $100 |
Each additional 1-10 beam detection devices
| $100 |
| First 1-10 emergency voice/alarm communication devices (fire phone, speakers) | $100 |
Each additional 1-10 emergency voice/alarm communication devices
| $100 |
For area detection throughout based on sq. ft. base rate plus additional 50%
| 50% alarm fee
|
Fire Alarm Systems Modification:
|
|
Modify fire alarm system (1-5 devices)
| $100 |
Each additional 1-25 devices
| $100 |
Flammable or Combustible Liquids:
| |
Install a single underground tank
| $300 |
Install a single aboveground tank
| $300 |
Each additional tank
| $150 |
Tanks with fire protection
| additional $200 |
Flammable Finishes/Spraying or Dipping: Installation
| $300 |
Flammable Finishes/Spraying or Dipping: Modification
| $100 |
Hazardous Materials:
|
|
Hazardous Materials containers and tank installation (single)
| $200 |
Removal (single)
| $200 |
Abandon, place out of service (close or modify)
| $100 |
Industrial Ovens
| $100 |
Automatic Hood Systems, Commercial
| $100 |
Liquefied Petroleum Gases (LP-Gas)
| $200 |
Private Fire Hydrants
| $100 |
Refrigerator Systems, Anhydrous Ammonia
| $200 |
Removal (of systems) permit
| $100 |
| Remove Class I or Class II liquids from underground or aboveground tank or Slurry fill an underground tank or abandon an underground, aboveground tank or clean inside a tank | $200 |
Smoke and heat vents
| $100 |
Smoke removal systems
| $100 |
Temporary Membrane Structures and Tents:
|
|
| Temporary membrane structures and tents over 700 square feet (a detailed site and floor plan for tents, canopies or membrane structures with an occupant load of 50 or more shall be provided with each application for approval. The tent, canopy or membrane structure floor plan shall indicate details of the means of egress facilities, seating capacity, arrangement of the seating and location of illuminated exit signs; no smoking signs, emergency lighting, type of heating, and electrical equipment) | $100 |
Underground fire lines
| $100 |
Underground fire lines: Each fire protection system lead-in or stub-out
| $100 |
Underground fire lines: modification
| $100 |
Permit reinstate after expiration
| 100% of current fee for permit
|
Unauthorized construction, investigation fee
| $200 |
All other permits required by this code
| $100 |
HISTORY
Adopted by Ord. 424-08 on 4/16/2008
Repealed & Replaced by Ord. 482-10 on 12/15/2010
Access:
|
|
| Install or modify automatic fire apparatus access Gates and their appurtenances. This also includes Gates for auxiliary access openings | $150 |
Install or modify manual gate
| $50 |
To install striping and signage of fire lanes
| $100 |
| Premise identification review; fire lane marking, identification of fire protection equipment, key boxes, stairwell identification, and pedestrian gates. | $100 |
To review the installation or modifications of address directories
| $50 |
Civil Plan Review Fees
|
|
The plan review minimum fee is to review plans for installation, alteration or modification of underground fire lines which serve fire protection systems, hydrants, or any combination thereof.
| $300 |
Each connection to a Town water main including up to 500 lineal feet of pipe
| $150 |
Each additional 500 fee or fraction thereof
| $100 |
Each fire protection system lead-in (or stub-out)
| $100 |
Fire Building Plan Review
|
|
| To review building plans: all occupancies, including town homes (Exception: 1 and 2 family dwellings). The Fire Building Plan Review fee is to review the first 50,000 sq ft of one building. The minimum plan review time is two and one-half Hours; additional plan review time will be calculated at the rate of $100/hr. | $250 |
Each additional 50,000 sq ft or fraction thereof
| $100 |
Each additional building (using the same plan)
| $100 |
Fire Sprinkler Systems
|
|
The base plan review fee for an automatic sprinkler system is $250. This fee is for the review of one building, no greater than 50,000 sq ft with 1-2 calculations. The maximum plan review time covered by this fee is two and one-half hours. Additional review time will be calculated at the rate of $100/hr.
| Base Plan Review Fee: $250
|
Installations requiring additional system elements shall be assessed the base plan review fee plus the additional review fees indicated below (b-r):
|
|
Additional calculations (design areas) 12,001 sq ft – 50,000 sq ft
| $100 |
Each additional 50,000 sq ft or fraction thereof
| $100 |
Each additional building using the same fire protection plan
| $100 |
Each additional story above or below grade
| $100 |
Each PRV (pressure reducing valve)
| $50 |
Installation of each water-based special extinguishing system Note: This does not include any associated detection or fire alarm equipment
| $100 |
Each pre-action system
| $150 |
Each deluge system
| $150 |
Each aqueous film forming foam-water based system
| $200 |
Each in-rack sprinkler system
| $200 |
Each UL or FM fire pumps, jockey pumps, and controller
| $200 |
Each static water tank
| $200 |
Each high challenge commodity (exception: Group A plastics)
| $250 |
Each standpipes per stair
| $150 |
Standpipe System 1-4 outlets not part of a sprinkler system
| $100 |
| UL or FM fire pumps, jockey pumps, and controllers not part of a sprinkler system | $200 |
| Halon, Dry Chemical, Carbon Dioxide Extinguishing System, FM 200 or other Special Extinguishing Systems | $200 |
Fire Sprinkler Systems Modification:
|
|
1-200 heads
| $100 |
Each additional 1-200 heads or fraction thereof
| $100 |
Each story above or below
| $100 |
Fire Alarm Systems:
| |
The base plan review fee for a fire alarm system (including initiating/notification devices and fire alarm panel replacement) is $250. This fee is for the review of one building, no greater than 50,000 sq ft. The maximum plan review time covered by this fee is two and one-half hours. Additional review time will be calculated at the rate of $100/hr.
| Base Plan Review Fee: $250 |
Installations requiring additional system elements shall be assessed the base plan review fee plus the additional review fees indicated below (b-k):
|
|
Each additional building using the same fire protection design plan
| $100 |
Each additional 50,000 sq ft or fraction thereof
| $100 |
Each additional story above or below grade
| $100 |
First 1-10 flame detection devices
| $100 |
Each additional 1-10 flame detection devices
| $100 |
First 1-10 beam detection devices
| $100 |
Each additional 1-10 beam detection devices
| $100 |
| First 1-10 emergency voice/alarm communication devices (fire phone, speakers) | $100 |
Each additional 1-10 emergency voice/alarm communication devices
| $100 |
| For area detection throughout based on sq ft base rate plus additional 50% | 50% Alarm Fee |
Fire Alarm Systems Modification:
|
|
Modify fire alarm system (1 – 10 devices)
| $100 |
Each additional 1-25 devices
| $100 |
Smoke and heat vents & smoke removal systems:
|
|
First 1-10 smoke and heat devices
| $100 |
Each additional 10 devices or fraction thereof
| $50 |
Automatic Hood Systems, Commercial:
|
|
| Install or modify an automatic hood system, installation: these systems include exhaust systems with built-in fire suppression capability normally installed above commercial cooking equipment | $100 |
Each additional system
| $100 |
Flammable Finishes/Spraying or Dipping:
|
|
Install a spray booth, spray room, spray area or powder coating booth
| $550 |
Modification of spray booth, spray room, spray area or powder coating booth
| $200 |
Motor fuel-dispensing facilities and repair garages:
|
|
Fuel storage tanks and dispensing
| $200 |
High-piled combustible storage:
|
|
Minimum plan review for high piled combustible storage
| $200 |
Each ceiling sprinkler system design area
| $200 |
Each in-rack sprinkler system design area
| $200 |
Each fire pump
| $200 |
Each static water tank
| $200 |
Each high challenge commodity (exception: Group A Plastics)
| $200 |
Each fire test report used as a basis for the design
| $200 |
Hazardous materials:
|
|
| To install, repair, abandon, remove, place temporarily out of service, close or substantially modify a storage facility, building or chemical drainage and containment or other area regulated by Chapter 27 | $300 |
Install or modify a hazardous material storage tank; fee is per tank
| 150 |
Install or modify gas cabinets, exhausted enclosures, or gas rooms
| $300 |
Compressed gas systems:
|
|
| Compressed gas system (in excess of exempt quantities): Install, repair, abandon, remove, place out of service, close or substantially modify. | $300 |
| Installation – this fee includes all systems and tanks installed at one site provided plans are submitted and inspections are conducted concurrently. | $300 |
Modification
| $300 |
Cryogenics fluids:
|
|
Install cryogenic fluid system
| $300 |
Modification of cryogenics fluid system
| $200 |
Flammable and combustible liquids:
|
|
| Temporarily or permanently install an aboveground storage tank or pressure vessel for Class I, II or III-A liquids with a nominal capacity of 125 gallons outside a building. | $400 |
| Temporarily or permanently install an aboveground storage tank or pressure vessel for Class I, II or III-A liquids with a nominal capacity of 125 gallons inside a building. | $400 |
| Temporarily or permanently install an aboveground storage tank or pressure vessel for Class III-B liquids with a nominal capacity of 1,000 gallons or more | $400 |
| Aboveground tank installation: This shall include all flammable/combustible liquid tanks installed aboveground, including tanks in vaults, and any required piping, valves and dispensing equipment. The fee is for each tank. | $400 |
| Underground tank installation: This shall include all flammable/combustible liquid tanks installed underground, including tanks in vaults, and any required piping, valves and dispensing equipment. The fee is for each tank. | $400 |
| Tanks with fixed fire protection systems | additional $600 |
| AG OR UG tank modification: This shall include all flammable/combustible liquid tanks and required piping, valves and dispensing equipment. Tank may be aboveground or underground type. Modification may include change of contents, reconstruction, tapping, tank cutting, vent pipe relocations, dispenser piping, tank repair or re-piping. The fee is for each tank. | $250 |
| Install underground tanks – this shall include all flammable/combustible liquid tanks installed underground and any required piping valves and dispensing equipment | $200 |
| Install, construct or equipment, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. | $100 |
| Install hazardous materials containers or tank: this permit includes all hazardous materials container and tanks, required piping, valves and dispensing equipment. | $150 |
Liquefied petroleum gases (LPG) (Exception: a permit is not required to install alter or modify portable containers of less than 125 gallon aggregate water capacity used exclusively for vapor service):
|
|
| Install, alter or modify LP-gas containers with an aggregate water capacity of 125 gallons (473 l) or more used exclusively for vapor service | $200 |
Systems with fixed fire protection equipment
| $200 |
| Install, move, relocate, alter or modify racks storing 20-pound cylinders for the purpose of conducting an LP-gas exchange program at a specific site | $100 |
Install, alter or modify LP-gas containers used for liquid transfer service
| $200 |
Minimum Plan Review
| $100 per hour |
Third and subsequent Plan Reviews
| 15% of Original Fire Prevention Plan Review Fee
|
HISTORY
Adopted by Ord. 424-08 on 4/16/2008
Repealed & Replaced by Ord. 482-10 on 12/15/2010
Inspections after hours (minimum 2 hours)
| $100/hour; 2 hour minimum |
| Re-Inspections. For each inspection or re-inspection when such portion of work for which and inspection is called is not complete or when corrections called for are not made (during Business Hours) | $100 per hour |
Outside Consultant Fees
| Actual consultant costs |
Refund: Permit Fee prior to commencing work (No later than 30 days after permit expiration and upon written request by applicant)
| 80% of fee maximum |
Refund: Plan Review Fees, prior to review and upon written request by the applicant:
| 80% of fee maximum |
False alarms for each that exceed 3 within one calendar year
| $200 fine |
Hazardous materials abatement
| $300 per hour |
Appeals – non-refundable
|
|
Commercial occupancy
| $360 |
Residential occupancy
| $180 |
Emergency Medical Equipment and Standby Personnel
|
|
Apparatus:
|
|
Battalion Vehicle
| $74.00/hr |
| Fire Engine | $144.00/hr |
| Water Tender | $113.00/hr |
| Bruch Truck | $76.00/hr |
| Personnel: |
|
| Battalion Chief | $26.03/hr |
| Fire Captain/CEP | 23.86/hr |
| Fire Engineer/CEP | $20.41/hr |
| Fire Fighter/CEP | $18.49/hr |
| Illegible or oversized plans (exceeding 24” x 36” where allowed). Permit drawing Submitted on larger than 24” x 36” shall be subject to a premium fee, over and above The plan review fee of $75.00 per sheet as applicable. | |
HISTORY
Adopted by Ord. 424-08 on 4/16/2008
Repealed & Replaced by Ord. 482-10 on 12/15/2010
7-7-1 Title7-7-2 Legislative Intent And Purpose7-7-3 Definitions7-7-4 Applicability7-7-5 Authority For Development Impact Fees7-7-6 Administration Of Development Impact Fees7-7-7 Land Use Assumptions7-7-8 Infrastructure Improvement Plan7-7-9 Adoption And Modification Procedures7-7-10 Timing For The Renewal And Updating Of The Infrastructure Improvements Plan And The Land Use Assumptions7-7-11 Collection Of Development Impact Fees7-7-12 Development Impact Fee Credits And Credit Agreements7-7-13 Development Agreements7-7-14 Appeals7-7-15 Refunds Of Development Impact Fees7-7-16 Oversight Of Development Impact Fee Program7-7-18 Permits Issuance
HISTORY
Adopted by Ord. 68-95 on 9/6/1995
Repealed & Replaced by Ord. 254-03 on 10/1/2003
Amended by Ord. 372-06 on 11/1/2006
Amended by Ord. 373-06 on 11/1/2006
Repealed & Reenacted by Ord. 547-14 on 5/7/2014
This Article shall be known as the “2014 Development Impact Fee Ordinance of the Town of Queen Creek,” and may be cited as such.
This Article is adopted for the purpose of promoting the health, safety and general welfare of the residents of the Town by:
- Requiring new development to pay its proportionate share of the costs incurred by the Town that are associated with providing Necessary Public Services to new development.
- Setting forth standards and procedures for creating and assessing development impact fees consistent with the requirements of Arizona Revised Statutes (“A.R.S.”) § 9-463.05, including requirements pursuant to A.R.S. § 9-463.05, Subsection K that, on or before August 1, 2014, the Town replace its development impact fees that were adopted prior to January 1, 2012 with development impact fees adopted pursuant to the requirements of A.R.S. § 9-463.05 as amended by the state legislature in SB 1525, Fiftieth Legislature, First Regular Session.
- Providing for the temporary continuation of certain development impact fees adopted prior to January 1, 2012 until otherwise replaced pursuant to this Article, or longer where such development impact fees were pledged to support Financing or Debt for a Grandfathered Facility as permitted by A.R.S. § 9-463.05, Subsections K, R, and S.
- Setting forth procedures for administering the development impact fee program, including mandatory offsets, Credits, and refunds of development impact fees. All development impact fee assessments, offsets, Credits, or refunds must be administered in accordance with the provisions of this Article.
This Article shall not affect the Town’s zoning authority or its authority to adopt or amend its General Plan, provided that planning and zoning activities by the Town may require amendments to development impact fees as provided in Section 7-7-7 of this Article.
When used in this Article, the terms listed below shall have the following meanings unless the context requires otherwise. Singular terms shall include their plural.
"Applicant" means a person who applies to the Town for a Building Permit.
"Appurtenance" means any fixed machinery or equipment, structure or other fixture, including integrated hardware, software or other components, associated with a Capital Facility that are necessary or convenient to the operation, use, or maintenance of a Capital Facility, but excluding replacement of the same after initial installation.
"Aquatic Center" means a facility primarily designed to host non-recreational competitive functions generally occurring within water, including, but not limited to, water polo games, swimming meets, and diving events. Such facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities, including but not limited to, locker rooms, offices, snack bars, bleacher seating, and shade structures.
"Building Permit" means any permit issued by the Town that authorizes vertical construction, increases square footage, authorizes changes to land use, or provides for the addition of a residential or non-residential point of demand to a water or wastewater system.
"Capital Facility" means an asset having a Useful Life of three or more years that is a component of one or more Categories of Necessary Public Service provided by the Town. A Capital Facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services. Wherever used herein, “infrastructure” shall have the same meaning as “Capital Facilities.”
"Category of Necessary Public Service" means a category of Necessary Public Services for which the Town is authorized to assess development impact fees, as further defined in Section 7-7-8(A)(1) of this Article.
"Category of Development" means a specific category of residential, commercial, or industrial development against which a development impact fee is calculated and assessed. The Town assesses development impact fees against the following categories of development: Industrial, Commercial, Office/Other Services, and Residential categories.
"Commercial Land Use" means a retail business and service establishment, professional and governmental offices, and developed recreational uses.
"Credit" means a reduction in an assessed development impact fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an Infrastructure Improvements Plan pursuant to Section 7-7-12 of this Article (or as otherwise permitted by this Article).
"Credit Agreement" means a written agreement between the town and the developer(s) of Subject Development that allocates Credits to the Subject Development pursuant to Section 7-7-12 of this Article. A Credit Agreement may be included as part of a Development Agreement pursuant to Section 7-7-13 of this Article.
"Credit Allocation" means a term used to describe when Credits are distributed to a particular development or parcel of land after execution of a Credit Agreement, but are not yet issued.
"Credit Issuance" means a term used to describe when the amount of an assessed development impact fee attributable to a particular development or parcel of land is reduced by applying a Credit allocation.
"Developer" means an individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person or entity undertaking land development activity, and their respective successors and assigns.
"Development Agreement" means an agreement prepared in accordance with the requirements of Section 7-7-13 of this Article, Section 9-500.05, Arizona Revised Statutes, and any applicable requirements of the Town Code.
"Direct Benefit" A benefit to an a Service Unit (as described below), resulting from a Capital Facility that: (a) addresses the need for a Necessary Public Service created in whole or in part by the Service Unit; and that (b) meets either of the following criteria: (i) the Capital Facility is located in the immediate area of the Service Unit and is needed in the immediate area of the Service Unit to maintain the Level of Service; or (ii) the Capital Facility substitutes for, or eliminates the need for a Capital Facility that would have otherwise have been needed in the immediate area of the Service Unit to maintain the Town’s Level of Service.
"Dwelling Unit" means a house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters.
"Equipment" means machinery, tools, materials, and other supplies, not including vehicles, that are needed by a Capital Facility to provide the Level of Service specified by the Infrastructure Improvement Plan, but excluding replacement of the same after initial development of the Capital Facility.
"Excluded Library Facility" means a Library facilities for which development impact fees may not be charged pursuant to A.R.S. § 9-463.05, including that portion of any Library facility that exceeds 10,000 square feet, and Equipment, Vehicles or Appurtenances associated with Library operations.
"Excluded Park Facility" means park and recreational facilities for which development impact fees may not be charged pursuant to A.R.S. § 9-463.05, including amusement parks, aquariums, Aquatic Centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, or zoo facilities.
"Fee Report" means a written report developed for the town pursuant to Section 7-7-9 of this Article that identifies the methodology for calculating the amount of each development impact fee, explains the relationship between the development impact fee to be assessed and the Plan-Based Cost per Service Units calculated in the Infrastructure Improvements Plan, and which meets other requirements set forth in A.R.S. § Section 9-463.05.
"Financing or Debt" means any debt, bond, note, loan, interfund loan, fund transfer, or other debt service obligation used to finance the development or expansion of a Capital Facility.
"Fire Protection" means a Category of Necessary Public Services that includes fire stations, fire equipment, fire vehicles and all appurtenances for fire stations. Fire Protection does not include Vehicles or Equipment used to provide administrative services, or helicopters or airplanes. Fire Protection does not include any facility that is used for training firefighters from more than one station or substation.
"Grandfathered Facilities" means capital facilities provided through financing or debt incurred before June 1, 2011 for which a development impact fee has been pledged towards repayment as described in Section 7-7-5(C) of this Article.
"General Plan" means the comprehensive plan for development of the Town establishing areas of the Town for different purposes, zones and activities, adopted pursuant to Arizona Revised Statutes Title 9, Article 4, Article 6, as amended, including specific area plans, if any, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
"Gross Impact Fee" means the total development impact fee to be assessed against a Subject Development on a per unit basis, prior to subtraction of any Credits.
"Industrial Land Use" means storage, processing, and shipping of agricultural or timber products; minerals extraction and production, storage, processing, shipping or conversion to energy; fabrication, assembly, servicing, manufacture, storage or warehousing of other products.
"Infrastructure Improvements Plan" means a document or series of documents that meet the requirements set forth in A.R.S. § 9-463.05, including those adopted pursuant to Section 7-7-9 of this Article to cover any Category or combination of Categories of Necessary Public Services.
"Interim Fee Schedule" means any development impact fee schedule established prior to January 1, 2012 in accordance with then-applicable law, and which shall expire not later than August 1, 2014 pursuant to Section 7-7-11 of this Article.
"Land Use Assumptions" means projections of changes in land uses, densities, intensities and population for the Town over a period of at least ten years as specified in Section 7-7-7 of this Article.
"Level of Service" means a quantitative and/or qualitative measure of a Necessary Public Service that is to be provided by the Town to development in the Town, defined in terms of the relationship between service capacity and service demand, accessibility, response times, comfort or convenience of use, or other similar measures or combinations of measures. Level of Service may be measured differently for different Categories of Necessary Public Services, as identified in the applicable Infrastructure Improvements Plan.
"Library Facilities" means a Category of Necessary Public Services in which literary, musical, artistic, or reference materials are kept (materials may be kept in any form of media such as electronic, magnetic, or paper) for non-commercial use by the public in a facility providing a Direct Benefit to development. Libraries do not include Excluded Library Facilities, although a Library may contain, provide access to, or otherwise support an Excluded Library Facility.
"Multi-Family Dwelling" means a structure arranged, designed and intended to be the residence of more than one family, with each family having independent cooking and bathing facilities.
"Necessary Public Services" means shall have the meaning prescribed in A.R.S. 9-463.05, subsection T, paragraph 5.
"Offset" means an amount which is subtracted from the overall costs of providing Necessary Public Services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for development impact fees), and other revenue sources, as determined by the Town pursuant to Section 7-7-8 of this Article.
"Parks and Recreational Facilities" means a Category of Necessary Public Services including but not limited to parks, swimming pools and related facilities and equipment located on real property not larger than 30 acres in area, as well as park facilities larger than 30 acres where such facilities provide a Direct Benefit. Parks and Recreational Facilities do not include Excluded Park Facilities, although Parks and Recreational Facilities may contain, provide access to, or otherwise support an Excluded Park Facility.
"Plan-Based Cost Per Service Units" means the total future capital costs listed in the Infrastructure Improvements Plan for a Category of Necessary Public Services divided by the total new equivalent demand units projected in the Town for that Category of Necessary Public Services over the same time period.
"Pledged" where used with reference to a development impact fee, a development impact fee shall be considered “pledged” where it was identified by the Town as a source of payment or repayment for Financing or Debt that was identified as the source of financing for a Necessary Public Service for which a development impact fee was assessed pursuant to the then-applicable provisions of A.R.S. § 9-463.05.
"Police Facilities" A Category of Necessary Public Services, including Vehicles and Equipment, that are used by law enforcement agencies to preserve the public peace, prevent crime, detect and arrest criminal offenders, protect the rights of persons and property, regulate and control motorized and pedestrian traffic, train sworn personnel, and/or provide and maintain police records, vehicles, equipment, and communications systems. Police Facilities do not include Vehicles and Equipment used to provide administrative services, or helicopters or airplanes. Police Facilities do not include any facility that is used for training officers from more than one station or substation.
"Private School" means an institution of learning offering education for children which charges students tuition, including some or all of the grades from kindergarten through 12th grade. The site may contain athletic, dining, assembly and recreation facilities.
"Public School" means a elementary schools, middle schools, high schools, accommodation schools, accommodation schools and charter schools, which are owned and operated by a school district pursuant to Arizona Revised Statutes, Title 15.
"Qualified Professional" means any one of the following: (a) a professional engineer, surveyor, financial analyst or planner, or other licensed professional providing services within the scope of that person’s education or experience related to Town planning, zoning, or impact development fees and holding a license issued by an agency or political subdivision of the State of Arizona; (b) a financial analyst, planner, or other non-licensed professional that is providing services within the scope of the person’s education or experience related to Town planning, zoning, or impact development fees; or (c) any other person operating under the supervision of one or more of the above.
"Residential Land Use" includes single and multi-family dwellings, hotels, motels, dormitories, and mobile homes.
"Service Area" means the Town has only one Service Area, which encompasses all of the land with the Towns corporate boundaries, as they may be expanded or otherwise amended.
"Service Unit" means a unit of development within a particular Category of Development, defined in terms of a standardized measure of the demand that a unit of development in that Category of Development generates for Necessary Public Services in relation to the demand generated by a detached single-family Dwelling Unit. For all Categories of Necessary Public Services, the Service Unit factor for a detached single-family Dwelling Unit is one (1), while the Service Units factor for a unit of development within another Category of Development is represented as a ratio of the demand for each Category of Necessary Public Services typically generated by that unit as compared to the demand for such services typically generated by a detached single-family Dwelling Unit.
"Street Facilities" means a Category of Necessary Public Services including arterial or collector streets or roads, traffic signals, rights-of-way, and improvements thereon, bridges, culverts, irrigation tiling, storm drains, and regional transportation facilities.
"Storm Drainage" means a Category of Necessary Public Services including but not limited to storm sewers constructed in sizes needed to provide for stormwater management for areas beyond major street projects and stormwater detention/retention basins, tanks, pump stations and channels necessary to provide for proper stormwater management, including any appurtenances for those facilities.
"Subject Development" means a land area linked by a unified plan of development, which must be contiguous unless the land area is part of a development agreement executed in accordance with Section 7-7-13 of this Article.
"Substantial Nexus" means a substantial nexus exists where the demand for Necessary Public Services that will be generated by a Service Unit can be reasonably quantified in terms of the burden it will impose on the available capacity of existing Capital Facilities, the need it will create for new or expanded Capital Facilities, and/or the benefit to the development from those Capital Facilities.
"Town" means the Town of Queen Creek, Arizona.
"Useful Life" means the period of time in which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the Town over the entirety of such period.
"Vehicle" means any device, structure, or conveyance utilized for transportation in the course of providing a particular Category of Necessary Public Services at a specified Level of Service, excluding helicopters and other aircraft.
- Except as otherwise provided herein, from and after August 1, 2014, this Article shall apply to all new development within the Town, provided, however, that only the Street Development Fee shall be applied to public and private schools.
- The provisions of this Article shall apply to all of the territory within the corporate limits of the Town.
- The Town manager or his/her designee is authorized to make determinations regarding the application, administration and enforcement of the provisions of this Article.
- Fee Report and Implementation. The Town may assess and collect a development impact fee for costs of Necessary Public Services, including all professional services required for the preparation or revision of an Infrastructure Improvements Plan, Fee Report, development impact fee, and required reports or audits conducted pursuant to this Article. Development impact fees shall be subject to the following requirements:
- The Town shall develop and adopt a Fee Report that analyzes and defines the development impact fees to be charged in the Town for each Capital Facility Category, based on the Infrastructure Improvements Plan and the Plan-Based Cost per Service Unit calculated pursuant to Section 7-7-8(A)(12) of this Article.
- Development impact fees shall be assessed against all new commercial, residential, and industrial developments, provided that the Town may assess different amounts of development impact fees against specific Categories of Development based on the actual burdens and costs that are associated with providing Necessary Public Services to that Category of Development. No development impact fee shall exceed the Plan-Based Cost per Service Unit for any Category of Development.
- No development impact fees shall be charged, or Credits issued, for any Capital Facility that does not fall within one of the Categories of Necessary Public Services for which development impact fees may be assessed as identified in Section 7-7-8(A)(1) of this Article.
- Costs for Necessary Public Services made necessary by new development shall be based on the same Level of Service provided to existing development in the Town. Development impact fees may not be used to provide a higher Level of Service to existing development or to meet stricter safety, efficiency, environmental, or other regulatory standards to the extent that these are applied to existing Capital Facilities that are serving existing development.
- Development impact fees may not be used to pay the Town’s administrative, maintenance, or other operating costs.
- Projected interest charges and financing costs can only be included in development impact fees to the extent they represent principal and/or interest on the portion of any Financing or Debt used to finance the construction or expansion of a Capital Facility identified in the Infrastructure Improvements Plan.
- Except for any fees included on Interim Fee Schedule, all development impact fees charged by the Town must be included in a “Fee Schedule” prepared pursuant to this Article, included in the Fee Report, and adopted by the Town by resolution.
- All development impact fees shall meet the requirements of A.R.S. § 9-463.05.
- Costs per Service Units. The Fee Report shall summarize the costs of Capital Facilities necessary to serve new development on a per Service Unit basis as defined and calculated in the Infrastructure Improvements Plan, including all required Offsets, and shall recommend a development impact fee structure for adoption by the Town. The actual impact fees to be assessed shall be disclosed and adopted in the form of impact fee schedules.
- Carry-over of Previously-Established Development Impact Fees and Grandfathered Facilities. Notwithstanding the requirements of this Article, certain development impact fees adopted by the Town prior to the effective date of this Article shall continue in effect as follows:
- Until August 1, 2014 or the date a new development impact fee is adopted for the applicable Category of Necessary Public Services in the Town pursuant to this Article, whichever occurs first, development impact fees established prior to January 1, 2012 shall continue in full force and effect to the extent that the development impact fee is used to provide a Category of Necessary Public Services that is authorized by Section 7-7-8 of this Article. Development impact fees collected prior to January 1, 2012, shall be expended on Capital Facilities within the same Category of Necessary Public Services for which they were collected.
- The Town may continue to collect and use any development impact fee established before January 1, 2012, even if the development impact fee would not otherwise be permitted to be collected and spent pursuant to A.R.S. § 9-463.05, as amended by the state legislature in Senate Bill 1525, Fiftieth Legislature, First Regular Session, if either of the following apply:
- Both of the following conditions are met:
- Prior to June 1, 2011, the development impact fee was pledged towards the repayment of Financing or Debt incurred by the Town to provide a Capital Facility.
- The applicable Capital Facility was included in the Town’s Infrastructure Improvements Plan, or other Town planning document prepared pursuant to applicable law, prior to June 1, 2011.
- Before August 1, 2014, the Town uses the development impact fee to finance a Capital Facility in accordance with A.R.S. § 9-463.05, Subsection (S).
- Defined terms in any previously established fee schedule shall be interpreted according to the ordinance in effect at the time of their adoption.
- Separate Accounts. Development impact fees collected pursuant to this Article shall be placed in separate, interest-bearing accounts for each Capital Facility category.
- Limitations on Use of Fees. Development impact fees and any interest thereon collected pursuant to this Article shall be spent to provide Capital Facilities associated with the same Category of Necessary Public Services, including costs of Financing or Debt used by the Town to finance such Capital Facilities and other costs authorized by this Article that are included in the Infrastructure Improvements Plan.
- Time Limit. Development impact fees collected after July 31, 2014 shall be used within ten years of the date upon which they were collected for all Categories of Necessary Public Services.
The Infrastructure Improvements Plan shall be consistent with the Town’s current Land Use Assumptions for the Town and each Category of Necessary Public Services as adopted by the Town pursuant to A.R.S. § 463.05.
- Reviewing the Land Use Assumptions. Prior to the adoption or amendment of an Infrastructure Improvements Plan, the Town shall review and evaluate the Land Use Assumptions on which the Infrastructure Improvements Plan is to be based to ensure that the Land Use Assumptions conform with the General Plan.
- Evaluating Necessary Changes. If the Land Use Assumptions upon which an Infrastructure Improvements Plan is based have not been updated within the last five years, the Town shall evaluate the Land Use Assumptions to determine whether changes are necessary. If, after general evaluation, the Town determines that the Land Use Assumptions are still valid, the Town shall issue the report required in Section 7-7-10 of this Chapter.
- Required Modifications to Land Use Assumptions. If the Town determines that changes to the Land Use Assumptions are necessary in order to adopt or amend an Infrastructure Improvements Plan, it shall make such changes as necessary to the Land Use Assumptions prior to or in conjunction with the review and approval of the Infrastructure Improvements Plan pursuant to Section 7-7-10 of this Chapter.
- Infrastructure Improvements Plan Contents. The Infrastructure Improvements Plan shall be developed by Qualified Professionals and may be based upon or incorporated within the Town’s Capital Improvements Plan. The Infrastructure Improvements Plan shall:
- Specify the Categories of Necessary Public Services for which the Town will impose a development impact fee, which may include any or all of the following:
- Stormwater, Drainage, and Flood Control
- Libraries
- Street Facilities
- Fire Protection
- Police
- Parks
- Define and provide a map of the Service Area that demonstrates a Substantial Nexus between the Capital Facilities to be provided in the Service Area and the Service Units to be served by those Capital Facilities. For Libraries and for Parks larger than 30 acres, the Service Area must be defined in a manner that demonstrates a Direct Benefit between the Capital Facilities and the Service Units to be served by those Capital Facilities. The Town may cover more than one category of Capital Facilities in the same Service Area provided that there is an independent Substantial Nexus or Direct Benefit, as applicable, between each Category of Necessary Public Services and the Service Units to be served.
- Identify and describe the Land Use Assumptions upon which the Infrastructure Improvements Plan is based.
- Analyze and identify the existing Level of Service provided by the Town to existing Service Units for each Category of Necessary Public Services.
- Identify the Level of Service to be provided by the Town for each Category of Necessary Public Services based on the relevant Land Use Assumptions and any established Town standards or policies related to required Levels of Service.
- For each Category of Necessary Public Services, analyze and identify the existing capacity of the Capital Facilities in each Service Area, the utilization of those Capital Facilities by existing Service Units, and the available excess capacity of those Capital Facilities to serve new Service Units including any existing or planned commitments or agreements for the usage of such capacity. The Infrastructure Improvements Plan shall additionally identify any changes or upgrades to existing Capital Facilities that will be needed to achieve or maintain the planned Level of Service to existing Service Units, or to meet new safety, efficiency, environmental, or other regulatory requirements for services provided to existing Service Units.
- Identify any Grandfathered Facilities and the impact thereof on the need for Necessary Public Services in each affected Service Area.
- Estimate the total number of existing and future Service Units based on the Town’s Land Use Assumptions and projected new Service Units.
- Based on the analysis in paragraphs (3)-(6) above, provide a summary table or tables describing the Level of Service for each Category of Necessary Public Services by relating the required Capital Facilities to Service Units in the Service Area, and identifying the applicable Service Units factor associated with each Category of Development.
- For each Category of Necessary Public Services, analyze and identify the projected utilization of any available excess capacity in existing Capital Facilities, and all new or expanded Capital Facilities that will be required to provide and maintain the planned Level of Service, as a result of the new projected Service Units, for a period not to exceed ten years. Nothing in this Subsection shall prohibit the Town from additionally including in its Infrastructure Improvements Plan projected utilization of, or needs for, Capital Facilities for a period longer than ten years, provided that the costs of such Capital Facilities are excluded from the calculation of the Plan-Based Cost per Service Unit.
- For each Category of Necessary Public Services, estimate the total cost of any available excess capacity and/or new or expanded Capital Facilities that will be required to serve new Service Units, including costs of land acquisition, improvements, engineering and architectural services, studies leading to design, design, construction, financing, and administrative costs, as well as projected costs of inflation. Such total costs shall not include costs for ongoing operation and maintenance of Capital Facilities, nor for replacement of Capital Facilities to the extent that such replacement is necessary to serve existing Service Units. If the Infrastructure Improvements Plan includes changes or upgrades to existing Capital Facilities that will be needed to achieve or maintain the planned Level of Service to existing Service Units, or to meet new regulatory requirements for services provided to existing Service Units, such costs shall be identified and distinguished in the Infrastructure Improvements Plan.
- Forecast the revenues from taxes, fees, assessments or other sources that will be available to fund the new or expanded Capital Facilities identified in the Infrastructure Improvements Plan, which shall include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions. The Infrastructure Improvements Plan shall additionally estimate the time required to finance, construct and implement the new or expanded Capital Facilities.
- Calculate required Offsets by
- Setting aside a portion of the Town’s construction sales tax to be used exclusively for the capital costs of necessary public services (the “Excess Portion”).
- Calculating the Excess Portion, which shall be the portion of any construction contracting, or similar excise tax rate that exceeds the percentage amount of the transaction privilege tax rate that is imposed on the majority of other transaction privilege tax classifications in the Town.
- Depositing the Excess Portion into a separate fund, the proceeds of which shall be used only for the capital cost of necessary public services.
- Taking into account the reserved amounts when calculating development fees.
- Calculate the Plan-Based Cost per Service Unit by dividing the total projected costs to provide Capital Facilities to new Service Units for each Category of Necessary Public Services as determined pursuant to Subsection (9) of this Section into the number of new Service Units projected over a period not to exceed ten years, considering the specific Service Units factor(s) associated with such Service Units for each Category of Necessary Public Services and taking into account the reserved amounts calculated pursuant to Subsection 13 of this Section.
- Multiple Plans. An Infrastructure Improvements Plan adopted pursuant to this Subsection may address one or more of the Town’s Categories of Necessary Public Services in the Town’s Service Area. Each Capital Facility shall be subject to no more than one Infrastructure Improvements Plan at any given time.
- Reserved Capacity. The Town may reserve capacity in an Infrastructure Improvements Plan to serve one or more planned future developments, including capacity reserved through a Development Agreement pursuant to Section 7-7-13 of this Article. All reservations of existing capacity must be disclosed in the Infrastructure Improvements Plan at the time it is adopted.
- Adopting or Amending the Infrastructure Improvements Plan. The Infrastructure Improvements Plan shall be adopted or amended subject to the following procedures:
- Major Amendments to the Infrastructure Improvements Plan. Except as provided in paragraph 2 of this Subsection, the adoption or amendment of an Infrastructure Improvement Plan shall occur at one or more public hearings according to the following schedule, and may occur concurrently with the adoption of an update of the Town’s Land Use Assumptions as provided in Section 7-7-7 of this Article:
- Sixty days before the first public hearing regarding a new or updated Infrastructure Improvements Plan, the Town shall provide public notice of the hearing and post the Infrastructure Improvements Plan and the underlying Land Use Assumptions on its website; the Town shall additionally make available to the public the documents used to prepare the Infrastructure Improvements Plan and underlying Land Use Assumptions and the amount of any proposed changes to the Plan-Based Cost per Service Units.
- The Town shall conduct a public hearing on the Infrastructure Improvements Plan and underlying Land Use Assumptions at least 30 days, but no more than 60 days, before approving or disapproving the Infrastructure Improvements Plan.
- Minor Amendments to the Infrastructure Improvements Plan. Notwithstanding the other requirements of this Section, the Town may update the Infrastructure Improvements Plan and/or its underlying Land Use Assumptions without a public hearing if all of the following apply:
- The changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions will not add any new Category of Necessary Public Services to any Service Area.
- The changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions will not increase the Level of Service to be provided in any Service Area.
- Based on an analysis of the Fee Report and the Town’s adopted development impact fee schedules, the changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions would not, individually or cumulatively with other amendments undertaken pursuant to this Subsection, have caused a development impact fee in any Service Area to have been increased by more than five per cent above the development impact fee that is provided in the current development impact fee schedule.
- At least 30 days prior to the date that the any amendment pursuant to this Section is adopted, the Town shall post the proposed amendments on the Town website.
- Amendments to the Fee Report. Any adoption or amendment of a Fee Report and fee schedule shall occur at one or more public hearings according to the following schedule:
- The first public hearing on the Fee Report must be held at least 30 days after the adoption or approval of and Infrastructure Improvements Plan as provided in subsection A of this Section. The Town must give at least 30 days’ notice prior to the hearing, provided that this notice may be given on the same day as the approval or disapproval of the Infrastructure Improvements Plan.
- The Town shall make the Infrastructure Improvements Plan and underlying Land Use Assumptions available to the public on the Town’s website 30 days prior to the public hearing described in Paragraph (1) of this Subsection.
- The Fee Report may be adopted by the Town no sooner than 30 days, and no later than 60 days, after the hearing described in Paragraph (1) of this Subsection.
- The development fee schedules in the Fee Report adopted pursuant to this subsection shall become effective 75 days after adoption of the Fee Report by the Town.
- Renewing the Infrastructure Improvements Plan. Except as provided in Subsection B of this Section, not later than every five years the Town shall update the applicable Infrastructure Improvements Plan and Fee Report related to each Category of Necessary Public Services pursuant to Section 7-7-9 of this Article. Such five-year period shall be calculated from the date of the adoption of the Infrastructure Improvements Plan or the date of the adoption of the Fee Report, whichever occurs later.
- Determination of No Changes. Notwithstanding Subsection (A) of this Section, if the Town determines that no changes to an Infrastructure Improvements Plan, underlying Land Use Assumptions, or Fee Report are needed, the Town may elect to continue the existing Infrastructure Improvements Plan and Fee Report without amendment by providing notice as follows:
- Notice of the determination shall be published at least 180 days prior to the end of the five-year period described in Subsection A of this Section.
- The notice shall identify the Infrastructure Improvements Plan and Fee Report that shall continue in force without amendment.
- The notice shall provide a map and description of the Service Area(s) covered by such Infrastructure Improvements Plan and Fee Report.
- The notice shall identify an address to which any resident of the Town may submit, within 60 days, a written request that the Town update the Infrastructure Improvements Plan, underlying Land Use Assumptions, and/or Fee Report and the reasons and basis for the request.
- Response to Comments. The Town shall consider and respond within 30 days to any timely requests submitted pursuant to Paragraph 4 of Subsection (B) of this Section.
- Collection. Development impact fees, together with administrative charges assessed pursuant to Paragraph (A)(5) of this Section, shall be calculated and collected prior to issuance of permission to commence development; specifically:
- Unless otherwise specified pursuant to a Development Agreement adopted pursuant to Section 7-7-13 of this Article, development impact fees shall be paid prior to issuance of a building permit according to the current development impact fee schedule for the Town, as adopted pursuant to this Article, or according to any other development impact fee schedule as authorized in this Article.
- If a building permit is not required for the development, but water or wastewater connections are required, any and all development impact fees due shall be paid at the time the water service connection is purchased. If only a wastewater connection is required, the development impact fees shall be paid prior to approval of a connection to the sewer system.
- No building permit, water or sewer connection, or certificate of occupancy shall be issued if a development impact fee is not paid as directed in the previous paragraphs.
- If the building permit is for a change in the type of building use, an increase in square footage, a change to land use, or an addition to a residential or non-residential point of demand to the water or wastewater system, the development impact fee shall be assessed on the additional service units resulting from the expansion or change, and following the development impact fee schedule applicable to any new use type.
- For issued permits that expire or are voided, development impact fees and administrative charges shall be as follows:
- If the original permittee is seeking to renew an expired or voided permit, and the development impact fees paid for such development have not been refunded, then the permittee shall pay the difference between any development impact fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed.
- If a new or renewed permit for the same development is being sought by someone other than the original permittee, the new permit Applicant shall pay the full development impact fees specified in the fee schedule in effect at the time that the permits are reissued or renewed. If the original permittee has assigned its rights under the permits to the new permit Applicant, the new permit Applicant shall pay development impact fees as if it were the original permittee.
- Exceptions. Development impact fees shall not be owed under either of the following conditions:
- Development impact fees have been paid for the development and the permit(s) which triggered the collection of the development impact fees have not expired or been voided.
- The approval(s) that trigger the collection of development impact fees involve modifications to existing residential or non-residential development that do not: (a) add new Service Units, (b) increase the impact of existing Service Units on existing or future Capital Facilities, or (c) change the land-use type of the existing development to a different category of development for which a higher development impact fee would have been due. To the extent that any modification does not meet the requirements of this paragraph, the development impact fee due shall be the difference between the development impact fee that was or would have been due on the existing development and the development impact fee that is due on the development as modified.
- Temporary Exemptions from Development Impact Fee Schedules. New developments in the Town shall be temporarily exempt from increases in development impact fees that result from the adoption of new or modified development impact fee schedules as follows:
- Residential Uses. On or after the day that the first building permit is issued for a single-family residential development, the Town shall, at the permittee’s request, provide the permittee with an applicable development impact fee schedule that shall be in force for a period of 24 months beginning on the day that the first building permit is issued, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development impact fee schedule, any building permit issued for the same single-family residential development shall not be subject to any new or modified development impact fee schedule.
- Commercial, Industrial and Multifamily Uses. On or after the day that the final approval, as defined in A.R.S. 9-463.05(T)(4), is issued for a commercial, industrial or multifamily development, the Town shall provide an applicable development impact fee schedule that shall be in force for a period of 24 months beginning on the day that final development approval of a site plan or final subdivision plat is given, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development impact fee schedule, any building permit issued for the same development shall not be subject to any new or modified development impact fee schedule.
- Other Development. Any Category of Development not covered under paragraphs 1 and 2 of this Subsection shall pay development impact fees according to the fee schedule that is current at the time of collection as specified in Subsection (A) of this Section.
- Changes to Site Plans and Subdivision Plats. Notwithstanding the other requirements of this Subsection, if changes are made to a development’s final site plan or subdivision plat that will increase the number of service units after the issuance of a grandfathered development impact fee schedule, the Town may assess any new or modified development impact fees against the additional service units. If the Town reduces the amount of an applicable development impact fee during the period that a grandfathered development impact fee schedule is in force, the Town shall assess the lower development impact fee.
- Option to Pursue Special Fee Determination. Where a development is of a type that does not closely fit within a particular Category of Development appearing on an adopted development impact fee schedule, or where a development has unique characteristics such that the actual burdens and costs associated with providing Necessary Public Services to that development will differ substantially from that associated with other developments in a specified Category of Development, the Town may require the Applicant to provide the Town Director of Development Services or authorized designee with an alternative development impact fee analysis. Based on a projection of the actual burdens and costs that will be associated with the development, the alternative development impact fee analysis may propose a unique fee for the development based on the application of an appropriate Service Unit factor to the applicable Plan-Based Cost per Service Unit, or may propose that the development be covered under the development impact fee schedule governing a different and more analogous Category of Development. The Director of Development Services or authorized designee shall review the alternative impact fee analysis and shall make a determination as to the development impact fee to be charged. Such decision shall be appealable pursuant to Section 7-7-14 of this Article. The Director or authorized designee may require the Applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application.
- Eligibility of Capital Facility. All development impact fee Credits must meet the following requirements:
- One of the following is true:
- The Capital Facility, or the financial contribution toward a Capital Facility that will be provided by the developer and for which a Credit will be issued, must be identified in an adopted Infrastructure Improvements Plan and Fee Report as a Capital Facility for which a development impact fee was assessed; or
- The Applicant must demonstrate to the satisfaction of the Town that, given the class and type of improvement, the subject Capital Facility should have been included in the Infrastructure Improvements Plan in lieu of a different Capital Facility that was included in the Infrastructure Improvements Plan and for which a development impact fee was assessed. If the subject Capital Facility is determined to be eligible for a Credit in this manner, the Town shall amend the Infrastructure Improvements Plan to (i) include the subject replacement facility and (ii) delete the Capital Facility that will be replaced.
- Credits shall not be available for any infrastructure provided by a developer if the cost of such infrastructure will be repaid to the developer by the Town through another agreement or mechanism. To the extent that the developer will be paid or reimbursed by the Town for any contribution, payment, construction, or dedication from any Town funding source including an agreement to reimburse the developer with future collected development impact fees pursuant to Section 7-7-13 of this Article, any Credits claimed by the developer shall be: (a) deducted from any amounts to be paid or reimbursed by the Town; or (b) reduced by the amount of such payment or reimbursement.
- Calculation of Credits. Credits will be based on that portion of the costs for an eligible Capital Facility identified in the adopted Infrastructure Improvements Plan for which a development fee was assessed pursuant to the Fee Report. If the Gross Impact Fee for a particular category of Necessary Public Service is adopted at an amount lower than the Plan-Based Cost per Service Unit, the amount of any Credit shall be reduced in proportion to the difference between the Plan-Based Cost per SU and the Gross Impact Fee adopted. A Credit shall not exceed the actual costs the Applicant incurred in providing the eligible Capital Facility.
- Allocation of Credits. Before any Credit can be issued to a Subject Development (or portion thereof), the Credit must be allocated to that development as follows:
- The Developer and the Town must execute a Credit Agreement including all of the following:
- The total amount of the Credits resulting from provision of an eligible Capital Facility.
- The estimated number of Service Units to be served within the Subject Development.
- The method by which the Credit values will be distributed within the Subject Development.
- It is the responsibility of the developer to request allocation of development impact fee Credits through an application for a Credit Agreement (which may be part of a Development Agreement entered into pursuant to Section 7-7-13 of this Article).
- If a building permit is issued or a water/sewer connection is purchased, and a development impact fee is paid prior to execution of a Credit Agreement for the Subject Development, no Credits may be allocated retroactively to that permit or connection. Credits may be allocated to any remaining permits for the Subject Development in accordance with this Article.
- If the entity that provides an eligible Capital Facility sells or relinquishes a development (or portion thereof) that it owns or controls prior to execution of a Credit Agreement or Development Agreement, Credits resulting from the eligible Capital Facility will only be allocated to the development if the entity legally assigns such rights and responsibilities to its successor(s) in interest for the Subject Development.
- If multiple entities jointly provide an eligible Capital Facility, both entities must enter into a single Credit Agreement with the Town, and any request for the allocation of Credit within the Subject Development(s) must be made jointly by the entities that provided the eligible Capital Facility.
- Credits may only be reallocated from or within a Subject Development with the Town’s approval of an amendment to an executed Credit Agreement, subject to the following conditions:
- The entity that executed the original agreement with the Town, or its legal successor in interest and the entity that currently controls the Subject Development are parties to the request for reallocation.
- The reallocation proposal does not change the value of any Credits already issued for the Subject Development.
- A Credit Agreement may authorize the allocation of Credits to a non- contiguous parcel only if all of the following conditions are met:
- The entity that executed the original agreement with the Town or its legal successor in interest, the entity that currently controls the Subject Development, and the entity that controls the non- contiguous parcel are parties to the request for reallocation.
- The reallocation proposal does not change the value of any Credits already issued for the Subject Development.
- The non-contiguous parcel is in the same Service Area as that served by the eligible Capital Facility.
- The non-contiguous parcel receives a Necessary Public Service from the eligible Capital Facility.
- The Credit Agreement specifically states the value of the Credits to be allocated to each parcel and/or Service Unit, or establishes a mechanism for future determination of the Credit values.
- The Credit Agreement does not involve the transfer of Credits to or from any property subject to a Development Agreement.
- Credit Agreement. Credits shall only be issued pursuant to a Credit Agreement executed in accordance with Subsection C of this Section. The Town Manager or Authorized Designee is authorized by this Article to enter into a Credit Agreement with the controlling entity of a Subject Development, subject to the following:
- The Developer requesting the Credit Agreement shall provide all information requested by the Town to allow it to determine the value of the Credit to be applied.
- An application for a Credit Agreement shall be submitted to the Town by the Developer within one year of the date on which ownership or control of the Capital Facility passes to the Town.
- The Developer shall submit a draft Credit Agreement to the Town Manager or authorized designee(s) for review in the form provided to the Applicant by the Town. The draft Credit Agreement shall include, at a minimum, all of the following information and supporting documentation:
- A legal description and map depicting the location of the Subject Development for which Credit is being applied. The map shall depict the location of the Capital Facilities that have been or will be provided.
- An estimate of the total Service Units that will be developed within the Subject Development depicted on the map and described in the legal description.
- A list of the Capital Facilities associated physical attributes, and the related costs as stated in the Infrastructure Improvements Plan.
- Documentation showing the date(s) of acceptance by the Town, if the Capital Facilities have already been provided.
- The total amount of Credit to be applied within the Subject Development and the calculations leading to the total amount of Credit.
- The Credit amount to be applied to each Service Unit within the Subject Development for each Category of Necessary Public Services.
- The Town’s determination of the Credit to be allocated is final.
- Upon execution of the Credit Agreement by the Town and the Applicant, Credits shall be deemed allocated to the Subject Development.
- Any amendment to a previously approved Credit Agreement must be initiated within two years of the Town’s final acceptance of the eligible Capital Facility for which the amendment is requested.
- Any Credit Agreement approved as part of a Development Agreement shall be amended in accordance with the terms of the Development Agreement and Section 7-7-13 of this Article.
- Issuance of Credits. Credits allocated pursuant to Subsection (D) of this Section may be issued and applied toward the Gross Impact Fees due from a development, subject to the following conditions:
- Credits issued for an eligible Capital Facility may only be applied to the development impact fee due for the applicable Category of Necessary Public Services, and may not be applied to any fee due for another Category of Necessary Public Services.
- Credits shall only be issued when the eligible Capital Facility from which the Credits were derived has been accepted by the Town or when adequate security for the completion of the eligible Capital Facility has been provided in accordance with all terms of an executed Development Agreement.
- Where Credits have been issued pursuant to paragraph (2) of this Subsection, an impact fee due at the time a building permit is issued shall be reduced by the Credit amount stated in or calculated from the executed Credit Agreement. Where Credits have not yet been issued, the Gross Impact Fee shall be paid in full, and a refund of the Credit amount shall be due when the Developer demonstrates compliance with Paragraph (2) of this Subsection in a written request to the Town.
- Credits, once issued, may not be rescinded or reallocated to another permit or parcel, except that Credits may be released for reuse on the same Subject Development if a building permit for which the Credits were issued has expired or been voided and is otherwise eligible for a refund under Section 7-7-15(A)(2)(a) of this Article.
- Notwithstanding the other provisions of this Section 7-7-12, Credits issued prior to January 1, 2012 may only be used for the Subject Development for which they were issued. Such Credits may be transferred to a new owner of all or part of the Subject Development in proportion to the percentage of ownership in the Subject Development to be held by the new owner.
Development Agreements containing provisions regarding development impact fees, development impact fee Credits, and/or disbursement of revenues from development impact fee accounts shall comply with the following:
- Development Agreement Required. A Development Agreement is required to authorize any of the following:
- To issue Credits prior to the Town’s acceptance of an eligible Capital Facility.
- To allocate Credits to a parcel that is not contiguous with the Subject Development and that does not meet the requirements of Subparagraph (D)(7) of Section 7-7-12 of this Article.
- To reimburse the developer of an eligible Capital Facility using funds from development impact fee accounts.
- To allocate different Credit amounts per Service Unit to different parcels within a Subject Development.
- For a single family residential Dwelling Unit, to allow development impact fees to be paid at a later time than the issuance of a building permit as provided in this Section.
- General Requirements. All Development Agreements shall be prepared and executed in accordance with A.R.S. 9-500.05 and any applicable requirements of the Town Code. Except where specifically modified by this Section, all provisions of Section 7-7-12 of this Article shall apply to any Credit Agreement that is authorized as part of a Development Agreement.
- Early Credit Issuance. A Development Agreement may authorize the issuance of Credits prior to acceptance of an eligible Capital Facility by the Town when the Development Agreement specifically states the form and value of the security (i.e. bond, letter of Credit, etc.) to be provided to the Town prior to issuance of any Credits. The Town shall determine the acceptable form and value of the security to be provided.
- Non-Contiguous Credit Allocation. A Development Agreement may authorize the allocation of Credits to a non-contiguous parcel only if all of the following conditions are met:
- The non-contiguous parcel is in the same Service Area as that served by the eligible Capital Facility.
- The non-contiguous parcel receives a Necessary Public Service from the eligible Capital Facility.
- The Development Agreement specifically states the value of the Credits to be allocated to each parcel and/or Service Units, or establishes a mechanism for future determination of the Credit values.
- Uneven Credit Allocation. The Development Agreement must specify how Credits will be allocated amongst different parcels on a per- Service Units basis, if the Credits are not to be allocated evenly. If the Development Agreement is silent on this topic, all Credits will be allocated evenly amongst all parcels on a per-Service Units basis.
- Use of Reimbursements. Funds reimbursed to developers from impact fee accounts for construction of an eligible Capital Facility must be utilized in accordance with applicable law for the use of Town funds in construction or acquisition of Capital Facilities, including A.R.S. § 34-201, et seq.
- Deferral of Fees. A Development Agreement may provide for the deferral of payment of development impact fees for a residential development beyond the issuance of a building permit; provided that a development impact fee may not be paid later than the 15 days after the issuance of the certificate of occupancy for that Dwelling Unit. The Development Agreement shall provide for the value of any deferred development impact fees to be supported by appropriate security, including a surety bond, letter of credit, or cash bond.
- Waiver of Fees. If the Town agrees to waive any development impact fees assessed on development in a Development Agreement, the Town shall reimburse the appropriate development impact fee account for the amount that was waived.
- No Obligation. Nothing in this Section obligates the Town to enter into any Development Agreement or to authorize any type of Credit Agreement permitted by this Section.
A development impact fee determination by Town staff may be appealed in accordance with the following procedures:
- Limited Scope. An appeal shall be limited to disputes regarding the calculation of the development impact fees for a specific development and/or permit and calculation of Service Units for the development.
- Form of Appeal. An appeal shall be initiated on such written form as the Town may prescribe, and submitted to the Director of the Development Services Department.
- Department Action. The Director of Development Services shall act upon the appeal within 30 calendar days of the filing of the appeal with the Development Services Department, and the Applicant shall be notified of the Director’s decision in writing.
- Appeal to Town Manager. The Applicant may further appeal the decision of the Director of Development Services to the Town Manager, within 14 calendar days of the Director’s decision pursuant to Sec. 7-7-14.C. The Town Manager may designate the Assistant Town Manager to hear such appeals.
- The Town Manager or authorized designee shall act upon the appeal within 14 calendar days of receipt of the appeal, and the Applicant shall be notified of the decision in writing.
- Final Decision. The decision of the Town Manager (or Assistant Town Manager) is final.
- Fees During Pendency. Building permits may be issued during the pendency of an appeal if the Applicant (1) pays the full impact fee calculated by the Town at the time the appeal is filed or (2) provides the Town with financial assurances in the form acceptable to the Town Manager or authorized designee equal to the full amount of the impact fee. Upon final disposition of an appeal, the fee shall be adjusted in accordance with the decision rendered, and a refund paid if warranted. If the appeal is denied by the Town Manager or authorized designee, and the Applicant has provided the Town with financial assurances as set forth in clause (2) above, the Applicant shall deliver the full amount of the impact fee to the Town within ten days of the Town Manager or designee’s final decision on the appeal. If the Applicant fails to deliver the full amount of the impact fees when required by this Subsection, the Town may draw upon such financial assurance instrument(s) as necessary to recover the full amount of the impact fees due from the Applicant.
- Refunds. A refund (or partial refund) will be paid to any current owner of property within the Town who submits a written request to the Town and demonstrates that:
- The permit(s) that triggered the collection of the development impact fee have expired or been voided prior to the commencement of the development for which the permits were issued and the development impact fees collected have not been expended, encumbered, or Pledged for the repayment of Financing or Debt; or
- The owner of the subject real property or its predecessor in interest paid a development impact fee for the applicable Capital Facility on or after August 1, 2014, and one of the following conditions exists:
- The Capital Facility designed to serve the subject real property has been constructed, has the capacity to serve the subject real property and any development for which there is reserved capacity, and the service which was to be provided by that Capital Facility has not been provided to the subject real property from that Capital Facility or from any other infrastructure.
- After collecting the fee to construct a Capital Facility the Town fails to complete construction of the Capital Facility within the time period identified in the Infrastructure Improvements Plan, as it may be amended, and the corresponding service is otherwise unavailable to the subject real property from that Capital Facility or any other infrastructure.
- For a Category of Necessary Public Services other than Water or Wastewater Facilities, any part of a development impact fee is not spent within ten years of the Town’s receipt of the development impact fee.
- Any part of a development impact fee for Water or Wastewater Facilities is not spent within 15 years of the Town’s receipt of the development impact fee.
- The development impact fee was calculated and collected for the construction cost to provide all or a portion of a specific Capital Facility serving the subject real property and the actual construction costs for the Capital Facility are less than the construction costs projected in the Infrastructure Improvements Plan by a factor of 10% or more. In such event, the current owner of the subject real property shall, upon request as set forth in this Section A, be entitled to a refund for the difference between the amounts of the development impact fee charged for and attributable to such construction cost and the amount the development impact fee would have been calculated to be if the actual construction cost had been included in the Fee Report. The refund contemplated by this Subsection shall relate only to the costs specific to the construction of the applicable Capital Facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the Capital Facility that are included in the development impact fee as permitted by A.R.S. § 9-463.05.
- Earned Interest. A refund of a development impact fee shall include any interest actually earned on the refunded portion of the development impact fee by the Town from the date of collection to the date of refund. All refunds shall be made to the record owner of the property at the time the refund is paid.
- Refund to Government. If a development impact fee was paid by a governmental entity, any refund shall be paid to that governmental entity.
- Annual Report. Within 90 days of the end of each fiscal year, the Town shall file with the Town Clerk an unaudited annual report accounting for the collection and use of the fees for each service area and shall post the report on its website in accordance with A.R.S. § 9-463.05, Subsections N and O, as amended.
- Biennial Audit. In addition to the Annual Report described in Subsection A of this Section, the Town shall provide for a biennial, certified audit of the Town’s Land Use Assumptions, Infrastructure Improvements Plan and development impact fees.
- An audit pursuant to this Subsection shall be conducted by one or more Qualified Professionals who are not employees or officials of the Town and who did not prepare the Infrastructure Improvements Plan.
- The audit shall review the collection and expenditures of development fees for each project in the plan and provide written comments describing the amount of development impact fees assessed, collected, and spent on capital facilities.
- The audit shall describe the Level of Service in each Service Area, and evaluate any inequities in implementing the Infrastructure Improvements Plan or imposing the development impact fee.
- The Town shall post the findings of the audit on the Town's website and shall conduct a public hearing on the audit within 60 days of the release of the audit to the public.
- For purposes of this Section a certified audit shall mean any audit authenticated by one or more of the Qualified Professionals conducting the audit pursuant to paragraph (1) of this Subsection.
- All single family residential building permits shall be deemed issued when the applicant has submitted a full and complete set of building documents; paid all fees in full; and has executed a Minimum Plan Submittal Requirements Sheet obtained from the Planning and Building Department.
- All subsequent plan review, modification of the plans, or other interaction with the Department, shall not be considered as new construction for the purposes of the fees adopted and in force in Sections 7-7-8; 7-7-10; 7-7-12; 7-7-14; and 7-7-16 of this Article, so long as construction has commenced within 180 days of the issuance of the building permit.
- Any building permit issued prior to 12:01 a.m. on October 6, 1999 for which there has been no construction activity for 180 days may apply for an extension of additional time as provided by the Uniform Building Code. Such extension, however, may require the applicant to apply to the Council under the provisions of this Article for a waiver of the then current development fees.
- All multi-family, commercial and industrial permits which are subject to any or all portions of the development fees must secure either a building permit or a letter of substantial compliance from the Town prior to the close of business on Tuesday, October 5, 1999 in order for their project not to be required to pay the adopted development fees.
- Subsequent to the close of business on October 5, 1999, all building permits will be subject to all of the provisions of Article 7 - regarding development fees.
HISTORY
Adopted by Ord. 165-99 on 7/7/1999
7-8-1 Definitions7-8-2 Installation Restrictions7-8-3 Fireplace Or Woodstove Alterations Prohibited7-8-4 Permits Required7-8-5 Exemptions
HISTORY
Adopted by Ord. 157-99 on 7/7/1999
For the purposes of this Article, the following words and terms shall be defined as follows:
“Fireplace” means a built-in-place hearth and fire chamber or a factory-built appliance, designed to burn solid fuel or to accommodate gas or electric log insert or similar device, and which is intended for occasional recreational or aesthetic use, not for cooking, heating, or industrial processes.
“Solid fuel” includes but is not limited to wood, coal or other nongaseous or non-liquid fuels, including those fuels defined by the Maricopa County Air Pollution Control Office as “inappropriate fuel” to burn in residential wood burning devices.
“Woodstove” means a solid-fuel burning heating appliance including a pellet stove, which is either freestanding or designed to be inserted into a fireplace.
HISTORY
Adopted by Ord. 157-99 on 7/7/1999
No person, firm or corporation shall construct or install a fireplace or a woodstove, and the building official shall not approve or issue a permit to construct or install a fireplace or a woodstove, unless the fireplace or woodstove complies with one of the following:
- A fireplace which has a permanently installed gas or electric log insert.
- A fireplace, woodstove or other solid-fuel burning appliance which has been certified by the United States Environmental Protection Agency as conforming to 40 Code of Federal Regulations Part 60, Subpart AAA as in effect on July 1, 1990.
- A fireplace, woodstove or other solid-fuel burning appliance which has been tested and listed by a nationally recognized testing agency to meet performance standards equivalent to those adopted by 40 Code of Federal Regulations Part 60, Subpart AAA as in effect on July 1, 1990.
- A fireplace, woodstove or other solid-fuel burning appliance which has been determined by the Maricopa County Air Pollution Control Office to meet performance standards equivalent to those adopted by 40 Code of Federal Regulations Part 60, Subpart AAA as in effect on July 1, 1990.
- A fireplace which has permanently installed woodstove insert which complies with subsections B, C or D above.
HISTORY
Adopted by Ord. 157-99 on 7/7/1999
- No person, firm or corporation shall alter or remove a gas or electric log insert or a woodstove insert from a fireplace for purposes of converting the fireplace to directly burn wood or other solid fuel.
- No person, firm or corporation shall alter a fireplace, woodstove or other solid-fuel burning appliance in any manner that would void its certification or operational compliance with the provisions of this Article.
HISTORY
Adopted by Ord. 157-99 on 7/7/1999
In addition to the provisions and restrictions of this Article, construction, installation or alteration of all fireplaces, woodstoves and other gas, electric or solid-fuel burning appliances and equipment shall be done in compliance with provisions of the Construction Code and shall be subject to the permits and inspections required by the Construction Code.
HISTORY
Adopted by Ord. 157-99 on 7/7/1999
The following installations are not regulated by this Article and are not prohibited by this Article:
- Furnaces, boilers, incinerators, kilns and other similar space heating or industrial process equipment.
- Cookstoves, barbecue grills and similar appliances designed primarily for cooking.
- Fire pits, barbecue grills, and other outdoor fireplaces.
HISTORY
Adopted by Ord. 157-99 on 7/7/1999
7-9-1 General7-9-2 Permit Requirements7-9-3 Cash Bond Requirements7-9-4 Backfill And Pavement Replacement7-9-5 Inspection7-9-6 Unauthorized Pavement Cuts
HISTORY
Adopted by Ord. 171-99 on 9/15/1999
It is the Town’s desire to require all utility crossings to be bored. If the Town Engineer approves an application for a street cut, the procedures outlined in this ordinance shall apply. Street cuts will generally not be approved unless they meet the following conditions:
- Major street maintenance or improvements to the road are scheduled within the next two years;
- The road was constructed, resurfaced or surface treated at least three (3) years ago;
- The road is in poor structural condition and has been approved for open cuts by the Town Engineer;
- There is no feasible alternative to cutting the street.
HISTORY
Adopted by Ord. 171-99 on 9/15/1999
The contractor directly responsible for the trench backfill and pavement replacement shall obtain and sign for the permit.
- The applicant shall call Arizona Blue Stake to identify any potential conflicts.
- The applicant shall submit the signed permit application, proof of liability insurance, two copies of detailed drawings and traffic control plans, and a certificate of quantities detailing and dimensioning the items being placed in the right-of-way.
- A completion date will be indicated on the permit. The contractor shall notify the Town Engineer 48 hours prior to start of construction. The permit may place restrictions on the time of day that work can be performed.
- Permit fees must be paid before the permit can be issued. In addition to processing and inspection fees specified in Chapter 7, Article 7-6 of the Town Code, pavement cuts require the deposit of a cash bond when the permit is issued.
HISTORY
Adopted by Ord. 171-99 on 9/15/1999
A cash bond shall be required for all permits issued for cuts on arterial or collector streets. The amount of the cash bond will be established by the Town based on $16.00 per square foot of pavement replacement plus $1000.00. The cash bond will have a maximum amount of $10,000.00. Separate cash bonds will be required for each utility requiring a street cut. Utility companies may be exempt from the cash bond if there is a franchise agreement in place that exempts these requirements.
The permit holder may recover the bond after completion and acceptance of the work. If the work is not completed by the time designated on the permit or is not acceptable, the Town will notify the permit holder in writing. After five working days of the receipt of the notice, the Town may complete or correct the work, and the permit holder will forfeit the bond.
HISTORY
Adopted by Ord. 171-99 on 9/15/1999
- A Traffic Control Plan shall be submitted to the Town Engineer for approval at least 72 hours prior to initiating work in the right-of-way.
- The pavement shall be removed such that the edge of the pavement cut is outside of the wheel path.
- Backfill shall be in accordance with MAG Standard Detail 200, or as specified by the Town Engineer in the permit. Backfill shall begin immediately following completion of the utility work.
- Following completion of backfill, the trench shall be steel-plated or temporarily patched and the street opened to traffic. A permanent patch shall be placed within three (3) working days.
- The final pavement replacement shall be flush with the existing edges of the trench. The grade from one end of the trench to the other shall be smooth and straight with no more than one-quarter of an inch plus or minus deviation, but not both, measured in the direction of traffic flow.
- Pavement replacement shall match the existing street. The permit may require an overlay if the existing pavement surface is less than one year old.
- Where concrete slurry is used for backfill it shall be a one sack mix and paving may not begin until the moisture in the slurry has dissipated.
HISTORY
Adopted by Ord. 171-99 on 9/15/1999
All work must be inspected and approved by the Town Engineer. The applicant shall guarantee all permitted work against defects in materials and quality for two years from the date it is accepted by the Engineering Department.
HISTORY
Adopted by Ord. 171-99 on 9/15/1999
A permit to work in the right-of-way is not authorization to remove pavement, unless the street cut is specified in the permit. Street cuts made without prior approval are subject to having the entire street overlaid to a length specified by the Town Engineer at the contractor’s expense.
HISTORY
Adopted by Ord. 171-99 on 9/15/1999
7-10-1 Civil Violation7-10-2 NuisanceNotwithstanding any provision of any building construction code adopted by reference herein, any person violating any provision of this chapter shall be guilty of a class one misdemeanor.
Except as otherwise provided in the Town Code, any violation of Chapter 7 is a Civil Offense subject to the provisions of Section 9-21-2 of the Town Code.
HISTORY
Repealed & Replaced by Ord. 797-22 on 10/19/2022
In addition to any and all penalties and remedies available, repeated violations of the provisions of this Chapter are declared to be a nuisance under Chapter 10 of the Town Code that are a threat to public health, safety, and/or welfare.
HISTORY
Repealed & Replaced by Ord. 797-22 on 10/19/2022
- There is herby established an Independent Provider Fee (the “ISP” Fee), to be charged by the Town for the review of plans by Independent Service Providers.
- The Council will by resolution establish, and may from time to time amend the amount of the ISP Fee (including any administrative fees to be retained by the Town to defray the Town’s expenses to coordinate the plan review process and collect the fee.)
- The ISP Fee established hereby shall be collected in the same manner and time as fees collected pursuant to Section 7-6 of the Town Code, and shall be transmitted (less an administrative fee to be retained by the Town to defray the Town’s expenses to coordinate the plan review process and collect the fee) to the Independent Public Service Provider pursuant to the terms of an agreement approved by the Mayor and Common Council.
HISTORY
Adopted by Ord. 346-06 on 4/5/2006
ARTICLE 8-1 BUSINESS LICENSEARTICLE 8-2 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTSARTICLE 8-3 YARD SALESARTICLE 8-4 PARIMUTUEL WAGERINGARTICLE 8-5 SEXUALLY ORIENTED BUSINESSESARTICLE 8-6 SHORT-TERM RENTALS AND VACATION RENTALSHISTORY
Amended by Ord. 751-21 on 4/7/2021
8-1-1 License Required8-1-2 Application And Issuance8-1-3 Term Of Licenses8-1-4 Number Of Licenses8-1-5 License To Be Exhibited8-1-6 Inspector Of Licenses8-1-7 Duties And Powers Of Inspectors8-1-8 Transfer Of License8-1-9 Prorating Prohibited8-1-10 Business License Fees8-1-11 Restrictions; Suspension; Revocation8-1-12 Appeals8-1-13 Mobile Food Vending- It is unlawful for any person, whether as principal or agent, either personally or for another person, or for any corporation, or as a member of any firm or co-partnership, to commence, practice, transact or carry on any trade, calling, profession, occupation or business within the town limits without first having procured a license from the town to do so and without complying with all regulations of such trade, calling, profession, occupation or business as specified or required by the United States Government or the State of Arizona and its political subdivisions. No license shall be issued without proof by the applicant of such compliance and verification by the Lead Customer Service Representative (or designee) that no violation of the town's zoning regulations will occur by such issuance.
- The practicing or carrying on of any trade, calling, profession, occupation or business by any person, corporation or partnership without first having procured a license from the town to do so, or without complying with any and all regulations of such trade, calling, profession, occupation or business, as required by other law or by this article shall constitute a separate violation of this article for each and every day that such trade, calling, profession, occupation or business is practiced, carried on or conducted within the town.
- Upon submission of valid proof the following individuals or groups may obtain from the Lead Customer Service Representative (or designee) a written exemption from the provisions of this chapter.
- Non-profit educational institutions, fraternal and service clubs, bona fide religious organizations, and agencies of any federal, state or local governments.
- Non-profit private clubs where a basic membership fee covers the cost of the use of facilities.
- Fund raising projects of non-profit and bona fide religious organizations, not conducted on a regular basis.
- Special event permits issued at the direction of the council upon application by the organizers sponsoring the event.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
- It shall be the duty of the Lead Customer Service Representative (or designee) upon receipt of a properly completed application for a business license and verification of the data contained thereon, to prepare and issue a license under this article for every person, corporation or partnership required to pay a license fee hereunder and to state in each license the amount charged for the same, the period of time covered thereby, the name of the person, corporation or partnership for whom issued and the trade, calling, profession, occupation or business licensed and the location or place of business where the trade, calling, profession, occupation or business is to be carried on, transacted or practiced.
- It shall be the duty of the Lead Customer Service Representative (or designee) upon receipt of a properly completed application for a liquor license and verification of the data contained thereon, to prepare and issue a license under this article for every person, corporation or partnership required to pay a license fee hereunder and to state in each license the amount charged for the same, the period of time covered thereby, the name of the person, corporation or partnership for whom issued and the location or place of business
- In no case, shall any mistake made by the Lead Customer Service Representative (or designee) in issuing any license or collecting the amount of fee for any license or the amount actually due from any person required to pay for a license as provided herein, prevent, prejudice or stop the town from collecting the correct amount of fee or charge for any license or the amount actually due from any person required to pay for a license as provided herein, or revoking any license erroneously issued and refunding the fee collected.
- No greater or lesser amount of money shall be charged or received by the Lead Customer Service Representative (or designee) for any license than is provided for in this article, and no license shall be issued for any period of time other than as provided herein.
- All charges for a license required by this article shall be paid in advance and in lawful money of the United States of America.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 457-09 on 7/15/2009
Amended by Ord. 554-14 on 9/3/2014
Amended by Ord. 805-22 on 12/21/2022
Amended by Ord. 822-23 on 11/1/2023
- The renewal charge for annual licenses provided herein shall become due and payable on the last day of the month that any license is issued, except that any new license charge shall become due and payable and be paid on or before the day of commencing to carry on, transact or practice the trade, calling, profession, occupation or business for which a license is required by this article.
- The charge for quarterly licenses provided herein shall become due on the first day of each calendar quarter, for which required.
- The charge for weekly licenses provided for in this article shall become due and payable and be paid on or before the first day of each week for which required.
- The charge for daily licenses required by this article shall become due and payable and be paid before each day for which required.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 167-99 on 8/4/1999
- A separate charge for a license shall be paid for each branch establishment or separate place of business in which any person, corporation or partnership shall carry on, transact or practice a trade, calling, profession, occupation or business.
- When more than one trade, calling, profession, occupation or business is carried on, transacted or practiced by the same person, corporation or partnership at one fixed place of business, only one license shall be required and the charge for such license shall be the highest charge applicable to any of the activities, and all activities shall be listed on the license issued.
- When more than one trade, calling, profession, occupation or business shall be carried on, transacted or practiced by the same person, corporation or partnership without any fixed place of business, a separate license shall be required and a separate appropriate charge be paid for each activity for which a license is required by this article.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
- Each person, corporation or partnership having a license and having a fixed place of business shall keep said license, while in force, at some conspicuous place or location within the place of business.
- Each person, corporation or partnership having a license and having no fixed place of business shall carry such license with them at all times, while engaged in any activity for which the license was issued, except that a person acting for any such corporation, firm or company and not being the only person acting for such corporation, firm or company may carry with them a copy of the license which has been issued by the Lead Customer Service Representative (or designee) and plainly marked or stamped "Duplicate".
- Each person, corporation or partnership having a license shall produce and exhibit the same whenever requested to do so by any designated officer of the town or by the Lead Customer Service Representative (or designee).
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
- The Lead Customer Service Representative (or designee) shall be inspector of licenses and may appoint, with approval of the manager, such assistant inspectors as may be required to enforce these regulations.
- Each assistant inspector of licenses, immediately upon the facts coming to their knowledge, shall report to the Lead Customer Service Representative (or designee) the name of any person, corporation or partnership carrying on, transacting or practicing any trade, calling, profession or business within the town without first having obtained a license as required by this article.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
- The inspector of licenses and the assistant inspectors, each in the discharge and performance of their duties, shall have and exercise the following powers:
- To file a complaint for any violation of the provisions of this chapter with the town magistrate.
- To enter, free of charge and at any reasonable time, any place of business for which a license is required by this article and to demand exhibition of the license for the current period of time from any person, corporation or partnership engaged in carrying on, transacting or practicing any trade, calling, profession, occupation or business at such place of business and, if such person, corporation or partnership shall fail then and there to exhibit such license, such person, corporation or partnership shall be liable to the penalties provided for violation of this article.
- When the charge for any license required hereunder shall remain unpaid for thirty (30) days from and after the due date, such charge shall be delinquent and the Lead Customer Service Representative (or designee), on the day upon which said charge becomes delinquent, shall add thereto an amount equal to twenty-five percent of said charge as a penalty and no receipt or license shall be issued thereafter by the Lead Customer Service Representative (or designee) until the charge and penalty shall be paid in full.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 167-99 on 8/4/1999
No license issued under the provisions of this article shall be assigned or transferred to any other person, corporation or partnership without first obtaining permission from the town.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
No license fee herein provided shall be prorated, except that annual licenses issued after the first of December shall be valid for all of the subsequent year and shall reflect an appropriate expiration date.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Initial application for providers of services, wholesalers and manufacturers with a fixed place of business within the town limits
| $60 |
Initial application for retail merchants, restaurants, bars, contractors and rental of real and personal property with a fixed place of business within the town limits, persons engaging in the sale or rental of real estate, and mobile food vendors
| $60 |
Initial application for Wholesalers, manufacturers and providers of services without a fixed place of business within the town limits
| $60 |
Initial application for Retail merchants, etc. (as above) without a fixed place of business within the town limits
| $60 |
Renewal fee for all businesses within the town limits
| $40/year |
| Renewal fee for all businesses without a fixed place of business within the town limits | $60/year |
Liquor license – all license types (issued January)
| $200/calendar year
|
Peddlers and mobile merchants as defined in this chapter
| $250/calendar quarter or fraction thereof
|
| Promoters of entertainments, circuses, bazaars, etc., who receive a percentage of receipts or other consideration for their services. Each such promoter shall also obtain liability insurance of a minimum of $1 million naming the town as insured. | $100/week |
Animal Show
| $100/week |
| Circus Parade Only | $50/day |
| Handbill Distributor | $10/day |
| Amusement Company, such as ferris wheel, merry-go-round, etc., not part of a circus | $100/day |
| Tent Show | $100/day |
| Wrestling Exhibition | $100/day |
| Road Show, Carnival or Circus | $100/day |
| Practice of palmistry, phrenology, astrology, fortune telling, mind reading, clairvoyancy, magic or any healing practices not licensed by the State of Arizona, or any similar calling without a fixed place of business | $50/day |
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 457-09 on 7/15/2009
Amended by Ord. 554-14 on 9/3/2014
Amended by Ord. 580-15 on 10/21/2015
Amended by Ord. 751-21 on 4/7/2021
Amended by Ord. 822-23 Deleting references to "short-term rental operators" on 11/1/2023
Licenses issued under the provisions of this chapter may be restricted, suspended or revoked by the Lead Customer Service Representative (or designee), after notice and an opportunity for a hearing, for any of the following causes:
- Fraud, misrepresentation or false statement contained in the application for license.
- Fraud, misrepresentation or false statement made in the course of carrying on the business.
- Any violation of this chapter.
- Conviction of any crime or misdemeanor involving moral turpitude.
- Conducting business in violation of any town ordinance, county ordinance or state law relating to the public health, safety and welfare.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
- Notice of the hearing for restrictions, suspension or revocation of a license shall be given in writing, by the Planning Administrator (or designee), setting forth specifically the grounds for the restrictions, suspension or revocation and the time and place of the hearing. Such notice shall be mailed to the licensee at the address listed on the business license application at least ten days prior to the date set for the hearing. The mailing of such notice shall constitute proper notice to the licensee.
- Any person aggrieved by the denial of an application for license or by the restrictions placed upon the license or by the suspension or revocation of such license shall have the right of appeal to the council. Such appeal shall be taken by filing with the town clerk, within fourteen days after such denial, restriction, suspension or revocation, a written statement setting forth fully the grounds for the appeal. The council shall set a time and a place for hearing of such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided for notice of a hearing on suspension or revocation. The decision and order of the council on such appeal shall be final.
- Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- "Catering" shall be defined as a transaction where the exchange of money or contracted agreement for single payment takes place and the supply or delivery of food is the sole purpose of the activity at the establishment.
- "Food vending vehicle" shall mean any vehicle, as that term is defined in the Arizona Revised Statutes, which is equipped or primarily used for retail sales of fruits, vegetables, or produce, and/or prepared, pre-packaged, or unprepared, unpackaged food or beverage of any kind on any public or private street, alley, highway, or property within the town. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries. A human powered food vending vehicle is not a food vending vehicle.
- "Goods or merchandise" includes items and products of every kind and description, including all foods, produce and beverage items.
- "Human powered food vending vehicles" shall mean any device moved by human power including, but not necessarily limited to any pushcart, wagon, bicycle, tricycle, grocery cart, or other wheeled container or conveyance.
- "Ice cream truck" shall mean every motor vehicle, as that term is defined in the Arizona Revised Statutes in which is equipped or primarily used for the retail sales of ice cream on any public street, alley, or highway, or private street, or alley within the town.
- "Mobile food vendor" shall mean any person, as defined in this chapter, who:
- owns, controls, manages, and/or leases a food vending vehicle, ice cream truck, or human powered food vending vehicle; or
- contracts with a person(s) to drive, operate, prepare foods, and/or vend from a food vending vehicle, ice cream truck, or human powered food vending vehicle.
- "Mobile Food Unit" shall be defined as a food establishment designed to be readily movable from which food is composed, compounded, processed, or prepared and from which food is vended, sols, or given away. This definition shall include but not be limited to food establishments in operation from a vehicle, enclosed trailer, cart, or pushcart.
- "Operator" as used in this chapter shall mean any person who drives, operates, prepares foods, and/or vends from a food vending vehicle, ice cream truck, or human powered food vending vehicle.
- Licensing.
- Required. It is unlawful for any mobile food vendor to conduct business without first obtaining and maintaining in effect a general business license pursuant to this chapter. A separate license is required for each food vending vehicle, ice cream truck, or human powered food vending vehicle.
- Application. In addition to the application requirements set forth in Article 8-1, applicants for a license shall file with the Lead Customer Service Representative (or designee) in the Finance Department, the following information:
- If the applicant intends to operate on town property or in the right-of-way, a statement as to whether the applicant has been convicted of any felony and the nature of the offense.
- The location(s) from which the applicant intends to conduct business and a permanent address to which notifications may be sent.
- In addition to the other requirements of this article, a mobile food vendor who conducts business from a vehicle shall provide proof of vehicle liability insurance which shall be maintained during the term of the license and shall be in at least the minimum amount required by law.
- Shall provide evidence of passing a fire inspection by this or another city, town or fire district in this state within the preceding twelve (12) months.
- Shall confirm conformance with all town requirements related to mobile food vending.
- Shall provide written permission from the property owner approving the operation of the mobile food unit.
- A copy of a valid Maricopa County or Pinal County health code permit.
- Mobile food vendors operating under a special event permit or conditional use permit or are catering a one-time private event on a residential zoned property are not required to receive a business license.
- Location and Operation.
- Mobile Food Vendor. A mobile food vendor shall operate a mobile food unit only in zoning districts in accordance with Table 4.6-1 of the Zoning Ordinance and subject to the following limitations and conditions:
- A mobile food vendor shall not operate in an area zoned for residential use or within two hundred fifty (250) feet of an area zoned for residential use, except for an ice cream truck operating by moving quickly and readily from place to place stopping only to complete a point of sale transaction for no longer than fifteen (15) minutes per stop, catering activities, or approved block parties or special events.
- Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile food unit shall not remain in one location on private property for longer than ninety-six (96) consecutive hours, unless the Town grants permission for a permitted event greater than four (4) days. “One location” within this subsection means a location within a parcel of land and includes movements from different parked positions within the same parcel.
- A mobile food unit shall only operate in a legal parking space.
- Human powered push carts or other mobile food units not defined as a vehicle in A.R.S. 28-101, may not operate in the public right of way.
- A mobile food unit, including any semi-permanent structure used or associated with the mobile food unit, may use no more than two (2) legal parking spaces, unless the mobile food vendor has a separate agreement with the Town to use additional legal parking spaces.
- No mobile food unit shall operate with the serving window facing street traffic.
- A mobile food unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile food unit shall not occupy a legal on-street or public parking space for more than six (6) hours in a twenty-four (24) hour period. “Occupy” within this subsection means within one hundred (100) feet of the place in which the mobile food unit was initially parked.
- A mobile food unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by the Town Zoning Ordinance, and includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9, Chapter 4, Article 7.2.
- A mobile food vendor shall comply with the Section 7.5 Temporary Signs pursuant to the Town Zoning Ordinance. Vehicle signage is permitted without permit and without review.
- A mobile food unit shall provide a minimum of one fifteen (15) gallon trash receptacle within fifteen (15) feet of each individual mobile food unit for customers and employees; maintain an area around the mobile unit clear of litter, garbage, rubble and debris; and transport the trash from the area of operation into an authorized waste disposal location.
- Noise levels from mobile food units shall not exceed the Town’s noise ordinance standards pursuant to Article 9-1-6 of the Town Code.
- A mobile food unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be directed downwards and away from rights-of-way and adjacent properties.
- The site shall be restored to its original condition after each use. Permanent alterations to the site are prohibited.
- Food vending vehicles in operation without a town fire department approved fire suppression system must maintain a ten-foot separation between mobile food vending vehicles (bumper to bumper, side to side), all structures, and property lines.
- It is unlawful for any licensee under this article to conduct business:
- On town property without a written agreement or permit.
- Exception: Operators of ice cream trucks or human powered food vending vehicles may conduct business in the public right-of-way for no more than ten minutes at a time in any one location.
- Within a public park unless the licensee has obtained a permit from the parks and recreation director or designee.
- In any congested area where the business might impede or inconvenience the public and, for the purposes of this section, 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.
- Without written permission of the property owner for use of the property, which written permission shall be carried when conducting such business.
- Without having first obtained all required county or town permits.
HISTORY
Adopted by Ord. 751-21 on 4/7/2021
Amended by Res. 758-21 on 6/2/2021
8-2-1 License Required8-2-2 Definitions8-2-3 Exemptions From Article8-2-4 Application For License And Permit8-2-5 Investigation Of Applicant For License And Permit; Issuance And Contents Of License8-2-6 Solicitation By Charitable, Religious, Patriotic Or Philanthropic Organizations8-2-7 Posting Of License; Issuance Of Identification Cards8-2-8 Location For Transaction Of Business Regulated8-2-9 Creation Of Undue Noise Prohibited8-2-10 Enforcement Of Article; Record Of Licenses Issued And Violations Reported8-2-11 Revocation Of License And Permit8-2-12 Appeal From Denial Or Revocation Of License8-2-13 Peddling, Etc., On Posted Premises Or Refusal To Leave Premises Upon Request Prohibited
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 564-15 on 2/18/2015
It is unlawful for any peddler, solicitor, transient merchant or itinerant vendor, as the same are defined in this chapter, to engage in such business within the corporate limits of the town without first obtaining a license in compliance with the provisions of this chapter, provided, However, that the provisions of this chapter shall not apply to the producers of agricultural products as defined in state law, or to any member of the family or agents or persons in the service of the producer, when the agricultural products are sold or disposed of on behalf of the producer.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 564-15 on 2/18/2015
In this chapter, unless the context otherwise requires:
"Solicitor" means any person, corporate or individual, or firm, whether resident of the town or not, who travels, or whose agents travel, either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, from street to street or business to business, taking or attempting to take orders for sale of goods, wares and merchandise, edible foodstuffs, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether collecting advance payments on such sales or not; provided that such definition shall include any person or firm who, for themself or itself, or for another person or firm, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, 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.
"Peddler" means any person, individual or corporate, or firm, whether a resident of the town or not, who travels, or whose agents travel, by foot, wagon, automobile or any other type of conveyance, from place to place, from house to house, from street to street or business to business, carrying, conveying or transporting goods, wares, merchandise, edible foodstuffs or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same from a wagon, automotive vehicle, railroad car or other conveyance, and further provided, that persons or firms who solicit orders and as a separate transaction make delivery to purchasers as a part of the scheme of design to evade the provisions herein contained shall be deemed a peddler subject to the provisions herein contained. The word "peddler" shall include the words "hawker" and "huckster". Mobile food vendors as defined in Section 8-1-13 are excluded from this definition.
"Transient merchant", "itinerant merchant" or "itinerant vendor" means any person, corporate or individual, or firm, whether owner or otherwise, whether a resident of the town or not, who engages, or whose agents engage, in a temporary business of selling and delivering goods, wares, merchandise, edible foodstuffs or provisions, within the town, and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in a hotel, lodging house, apartment, shop, or any street, alley or other place within the town for the exhibition and sale of such goods, wares, merchandise and edible foodstuffs, either privately or at public auction. The person or firm 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. Mobile food vendors as defined in Section 8-1-13 are excluded from this definition.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 564-15 on 2/18/2015
Amended by Ord. 751-21 on 4/7/2021
In addition to the provisions of subsection C of Section 8-1-1, the terms of this article do not include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newspaper deliverers, students on school class projects, nor to acts of merchants or their employees in delivering goods in the regular course of business. Nothing contained in this article prohibits any sale required by statute or by order of any court or prevents any person from conducting a bona fide auction sale pursuant to law.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
- Individual Applicants. Individual applicants for the permit and license under this article must comply with the licensing requirements of Article 8-1 as well as this article. An applicant shall supply the following information to the Lead Customer Service Representative (or designee) in addition to the information required by Article 8-1:
- Name and description of the applicant; date of birth; social security number.
- Address (legal and local); state sales tax number.
- A brief description of the nature of the business and the goods to be sold.
- If employed, the name and address of the employer, together with evidence establishing the exact relationship.
- The length of time for which the right to do business is desired.
- If a vehicle is to be used, a description of the same, together with license number or other means of identification.
- A photograph of the applicant taken within sixty days immediately prior to the date of filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
- The names of at least two reliable property owners of the town who will certify as to the applicant's good character and business responsibility, or, in lieu of the names of references, any other available evidence as to the good character and business responsibility of the applicant.
- A statement as to whether or not the applicant has been convicted of any crime, misdemeanor (except minor traffic violations) or violation of any municipal laws, the nature of the offense and the punishment or penalty assessed therefor.
- Applicants proposing to sell edible foodstuffs shall file with the application a statement by a reputable physician of the town, dated not more than ten days prior to the submission of the application, certifying the applicant to be free of infectious, contagious or communicable disease or, in lieu thereof, a Maricopa County health card.
- At the time of filing the application, a fee of twenty-five dollars shall be paid to the Lead Customer Service Representative (or designee) to cover the costs of the investigation.
- Corporate or Firm Applicants. Corporate or firm applicants must furnish the following information upon duplicate applications sworn to by an appropriate officer of the firm or corporation authorized so to do:
- Name of applicant; date of birth; social security number.
- Address (legal and local); state sales tax number.
- A brief description of the nature of the business and the goods, etc., to be sold.
- The length of time for which the right to do business is desired.
- If vehicles are to be used, the quantity and description of same, together with the license numbers or other means of identification.
- A list of all of the agents or representatives who will be operating within the town, including their addresses. In this connection, such firm or corporation shall furnish at the time of application the following information and material pertaining to such representatives or agents:
- A photograph of each agent or representative taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the agent or representative in a clear and distinguishing manner.
- The names of at least two reliable property owners of the town who will certify as to each person's good character and business responsibility or, in lieu of the names of references, any other available evidence as to the good character and business responsibility of the agents or representatives concerned.
- A statement as to whether each agent or representative has been convicted of any crime, misdemeanor (except minor traffic violations) or violation of any municipal laws, the nature of the offense and the punishment or penalty assessed therefor.
- A statement by a reputable physician of the town, dated not more than ten days prior to the submission of the application, certifying the applicant to be free of infectious, contagious or communicable disease or, in lieu thereof, a health certificate or card issued by Maricopa County.
- A fee of twenty-five dollars per agent or representative shall be paid to the Lead Customer Service Representative (or designee) to cover the cost of investigation.
- No license issued hereunder shall be transferable, but corporate or firm licensees may change, substitute or alter the list of their agents or representatives furnished to the Lead Customer Service Representative (or designee) at any time; provided, however, that for each newly named agent or representative on such list, the information and material required in subsection B, paragraph 6 of this section must be provided to the Lead Customer Service Representative (or designee). A newly named agent or representative will not be deemed in compliance with the requirements of this ordinance until an identification card has been issued to such agent or representative pursuant to Section 8-2-7 of this ordinance.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 564-15 on 2/18/2015
Upon receipt of such application, the Lead Customer Service Representative (or designee) shall cause such investigation of such person's business responsibility or moral character to be made as is deemed necessary to the protection of the public good. No license shall be issued until ten working days have passed or completion of the required investigation, whichever is the longer. If, as a result of such investigation, the applicant's or their agents' or representatives' business responsibility and character are found to be unsatisfactory, the application shall be denied. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the Lead Customer Service Representative (or designee) shall so certify in writing, and a license shall be issued by the Lead Customer Service Representative (or designee). The Lead Customer Service Representative (or designee) shall keep a full record of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of such license, the place where such business may be carried on under such license and the name of the person authorized to carry on the same.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
- Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise to persons other than members of such organization upon the streets, in office or business buildings, by door-to-door contact, or in public places for a charitable, religious, patriotic or philanthropic purpose exclusively shall be exempt from the provisions of Sections 8-2-1, 8-2-3 and 8-2-10 of this article; provided, there is filed a sworn application in writing on a form to be furnished by the Lead Customer Service Representative (or designee) which shall give the following information:
- Name and purpose of the cause for which the permit is sought.
- Names and addresses of the officers and directors of the organization.
- Period during which the solicitation is to be carried on.
- Whether or not any commission, fees, wages or emoluments are to be expended in connection with such solicitation and the amount thereof.
- Upon being satisfied that such organization, association or corporation is a religious, charitable, patriotic or philanthropic organization, but no later than ten working days after receipt of the application, the Lead Customer Service Representative (or designee) shall issue a permit without charge to such organization, association or corporation to solicit in the town. Such organization, association or corporation shall furnish all of its members, agents or representatives conducting solicitations identification cards stating the name of the organization, name of agent and purpose of solicitation which must be displayed upon demand.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 564-15 on 2/18/2015
The license issued to the individual or corporate licensees hereunder shall be posted in a conspicuous place if such licensees are using a vehicle or building. The Lead Customer Service Representative (or designee) shall issue an identification card to each individual licensee having upon it the pertinent information contained in such license. Agents and representatives of corporate and firm applicants shall be issued similar identification cards. All such cards shall be shown upon request and no licensee or such licensee’s agent or representative may undertake the activities regulated by this chapter until such identification card has been issued.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 564-15 on 2/18/2015
No licensee hereunder shall have any exclusive right to any location in the public street, nor shall any licensee be permitted a stationary location, nor shall they transact business within three hundred feet of a public school ground, nor shall they be permitted to operate in any congested area where the operations might impede or inconvenience the public. For the purpose of this article, the judgment of the Lead Customer Service Representative (or designee), exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
No licensee nor any person in their 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, 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 therefrom to be capable of being plainly heard upon the public thoroughfares for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
It shall be the duty of the law enforcement agency of the town to enforce this article. The law enforcement agent shall report to the Lead Customer Service Representative (or designee) all convictions for violation of this article, and the Lead Customer Service Representative (or designee) shall maintain a record for each license issued and record the reports of violations therein.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Permits and licenses issued under the provisions of this article may be revoked by the Lead Customer Service Representative (or designee) after notice and hearing, as provided in Article 8-1 of this code, for any of the following causes:
- Fraud, misrepresentation or false statement contained in the application for license.
- Fraud, misrepresentation or false statement made in the course of carrying on their business.
- Any violation of this chapter.
- Conviction of any crime or misdemeanor involving moral turpitude.
- 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.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
An appeal from denial or revocation of license shall be controlled by the provisions of Article 8-1 of this chapter, pertaining to appeal regarding business licenses.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
- It is unlawful for any peddler, solicitor or transient merchant, their agents or representatives, to come upon any premises whereon a sign bearing the words "no peddlers," "no solicitors," “no transient merchants,” “no “door-to-door salesmen,” or any combination of such terms or terms similar thereto is exposed to public view.
- It is also unlawful for any peddler, solicitor or transient merchant, their agents or representatives to remain on any premises after having been requested to leave by the owner or occupant thereof whether such premises are posted as specified above or not.
HISTORY
Repealed & Reenacted by Ord. 43-94 on 3/17/1994
Amended by Ord. 564-15 on 2/18/2015
8-3-1 Definitions8-3-2 Regulations8-3-3 License
HISTORY
Adopted by Ord. 22-92 on 4/15/1992
Repealed by Ord. 43-94 on 3/17/1994
Adopted by Ord. 99-97 on 1/15/1997
In this article, unless the context otherwise requires:
“Miscellaneous merchandise” means those items offered for retail sale at a yard sale which merchandise has not been purchased for the purpose of resale.
“Yard sales” means the resale by the resident of a specific address of miscellaneous merchandise occurring without regularity.
HISTORY
Adopted by Ord. 22-92 on 4/15/1992
Repealed by Ord. 43-94 on 3/17/1994
Adopted by Ord. 99-97 on 1/15/1997
- Yard sales shall only be conducted by the owner or resident of a specific residential address and only for the purposes of selling miscellaneous merchandise at retail.
- Yard sales shall be limited to no more than four times per calendar year per address and shall not exceed forty-eight hours in total length for each of the four permitted times.
- At no time shall any yard sale be permitted to operate if, in the judgment of the town manager, such operation is detrimental to the public health, safety or welfare of the surrounding neighbors or the community.
- All yard sales shall be conducted during the daylight hours only, and all miscellaneous merchandise as well as the tables or stands that they are displayed on shall be removed from the sight at the conclusion of each permitted forty-eight hour period.
HISTORY
Adopted by Ord. 22-92 on 4/15/1992
Repealed by Ord. 43-94 on 3/17/1994
Adopted by Ord. 99-97 on 1/15/1997
- It shall be unlawful for any person or other entity or for any agent, servant or employee of any person or other entity to engage in, carry on or conduct a yard sale without first obtaining a license to do so.
- There shall be a charge of one dollar for a license which shall be issued for each forty-eight hour period of a yard sale.
HISTORY
Adopted by Ord. 22-92 on 4/15/1992
Repealed by Ord. 43-94 on 3/17/1994
Adopted by Ord. 99-97 on 1/15/1997
8-4-1 Definitions8-4-2 Purpose; Effect On Other Regulations8-4-3 Administration8-4-4 Teletrack Operator, Teletrack Wagering Establishment, License Required8-4-5 Information Required For Teletrack Operator License Applications8-4-6 Teletrack Wagering Establishment License; Application8-4-7 Location Of Teletrack Wagering Establishment8-4-8 Additional Information8-4-9 Payment Of Fees And Taxes8-4-10 Fingerprinting, Criminal History Investigation, Exemption8-4-11 Issuance And Display Of License Identification Card; Nontransferability8-4-12 Fees8-4-13 Term Of License8-4-14 Public Hearing On Teletrack Wagering Establishment License; Notice8-4-15 Information Update8-4-16 Special Provisions8-4-17 Renewal8-4-18 Inspection Of Premises, Property And Records8-4-19 Revocation; Grounds8-4-20 Teletrack Operator License Suspension
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
“Person” means any individual, partnership, limited partnership, firm, corporation or association of any kind.
“Racing program” means the live races conducted at an authorized track and any simulcast races shown to the public in conjunction with live racing on which parimutuel wagering is allowed.
“Teletrack operator” means any person who holds an Arizona Racing Commission permit for dog or horse racing events within Arizona and who accepts bets or wagers on the results of any parimutuel race at a location other than the race track and who regularly conducts dog or horse racing events for at least thirty days in the course of a calendar year.
“Teletrack wagering” means parimutuel wagering conducted at an off-track teletrack facility on a dog or horse racing program which is authorized within Arizona.
“Teletrack wagering establishment” means any establishment at which a teletrack operator accepts bets or wagers on the results of a dog or horse racing program conducted by a teletrack operator at an authorized track within Arizona.
“Teletracking” means the telecast of live audio and visual signals of dog or horse racing programs conducted at an authorized enclosure within Arizona to an authorized additional wagering facility within Queen Creek for the purpose of parimutuel wagering.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
This article is enacted for regulatory purposes. Persons required to obtain a license for any activity covered by this article remain subject to all other applicable regulatory, tax or fee ordinances of the town.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
- The town manager shall administer this article, except as otherwise specifically provided, and shall develop appropriate forms for this purpose. The county sheriff’s department shall assist in connection with license applications and enforcement.
- License applications made pursuant to this article shall be submitted to the town manager or designee, who may issue, deny, suspend or revoke licenses in accordance with this Article, provided that the decision whether or not to issue a teletrack wagering establishment license shall be made by the town council following the hearing provided for in Section 8-4-14.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
- It is unlawful for any person to function in the town as a teletrack operator or operate a teletrack wagering establishment without first obtaining the appropriate license under this article.
- The licenses required by this section shall be in addition to any other licenses or permits required by any governmental authority.
- A separate teletrack wagering establishment license is required for each teletracking location within the town.
- A separate teletrack operator license is required for each teletrack operator located at a teletrack wagering establishment.
- A person desiring to operate a teletrack wagering establishment and to function as a teletrack operator shall obtain a license for each activity.
- Licenses issued pursuant to this chapter are nontransferable.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
Applications for a teletrack operator license under this chapter shall include the following information:
- The applicant's business name, business location, business mailing address and business telephone number.
- The full legal name, date of birth and residence address of all persons who participate in management, control or policy direction of the teletrack operator, including, with respect to a corporation, the corporation's officers, directors and shareholders holding ten percent or more of the outstanding shares of the corporation's stock.
- Information with respect to any of the persons identified pursuant to section B of this section shall include a full disclosure as to (1) any felony conviction of such person within the preceding five years; (2) any judicial or administrative finding of violation of any law or regulation relating to racing, wagering or gaming, in any jurisdiction; and (3) revocation or suspension of any license or permit relating to parimutuel betting or teletracking activities.
- Proof that the applicant holds a valid permit from the Arizona Racing Commission to conduct parimutuel races within the State of Arizona.
- Proof that a teletrack wagering establishment license has been issued or applied for with respect to the facility in which the teletrack operator license will be utilized, and proof of an agreement for use of the establishment by the applicant for teletrack wagering purposes.
- A plan of operation in accordance with the specifications of Arizona Administrative Code, Title 19, Chapter 2, Section R19-2-404.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
Applicants for a teletrack wagering establishment license shall provide the following information as part of the application:
- The applicant's name, date of birth, residence address and telephone number.
- The applicant's business name, business location, business mailing address and business telephone number.
- The full legal name, date of birth and residence address of all persons who participate in management, control or policy direction of the establishment, including, with respect to a corporation, the corporation's officers, directors and stockholders holding ten percent or more of the outstanding shares of the corporation's stock.
- Information with respect to any of the persons identified pursuant to subsection C of this section shall include full disclosure as to (1) any felony conviction of such person within the preceding five years; (2) any judicial or administrative finding of violation of any law or regulation relating to racing, wagering or gaming, in any jurisdiction; and (3) revocation or suspension of any license or permit relating to parimutuel betting or teletracking activities.
- Proof of a current license for the site if the establishment serves liquor.
- Accurate drawings to scale indicating the floor plan of all buildings on the premises and the precise location of all teletracking facilities and activities.
- A site plan for all buildings and associated parcel lines, including evidence of compliance with Section 8-4-7 of this article.
- A vicinity ownership map showing and labeling all parcels within five hundred feet of the exterior boundaries of the parcel, not including public property or right-of-way.
- A vicinity ownership list and mailing labels properly addressed, containing names and mailing addresses, with correct zip codes, of owners of all parcels shown on the vicinity ownership map.
- A parking plan showing all parking spaces available for the site and traffic flow patterns.
- A security plan which may include security guards and other appropriate measures for the protection of patrons, employees and the public.
- Proof that a teletrack operator license has been issued or applied for with respect to each operator who will conduct teletrack wagering activities at the establishment, and proof of an agreement between the applicant and each operator for use of the establishment by the operator for teletrack wagering purposes.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
- No license shall be granted for any teletrack wagering establishment unless all of the following standards are met:
- No teletrack wagering establishment shall be located within one thousand feet of any other teletrack wagering establishment.
- No teletrack wagering establishment shall be located within five hundred feet of any public or private school, public park or day nursery or preschool.
- The applicant for teletrack wagering establishment located within five hundred feet of any of the following zoning district boundaries: Rl-43, Rl-35, Rl-18, Rl-8, Rl-6, R-2, R-3, R-4, R-5, MHR, C-S, C-O, C-1 or C-2 has posted the property and sent notice of the proposed teletrack use to each household on the vicinity ownership map required in Section 8-4-6 (I). Such notice shall be sent and shall indicate that the resident shall file any protest to the application in writing with the town manager or designee within thirty days or the application will be administratively approved. If any protests are received, a public hearing shall be held in accordance with Section 8-4-14 prior to issuance unless a petition requesting waiver of this requirement, signed by fifty-one percent of those persons residing thirty days or more within a five hundred-foot radius of the proposed location is received and verified by the town manager or designee. In such case, the town council may waive the requirements of this paragraph.
- For purposes of this section, streets, alleys and other thoroughfares adjacent to the zoning district boundaries specified in subsection (A)(3) shall themselves be considered within such district boundaries. With respect to any such street, alley or other thoroughfare, measurements to determine whether the teletrack wagering establishment is within five hundred feet of such boundary shall be taken to the edge of such alley nearest to the teletrack wagering establishment, or from the centerline of such street or thoroughfare, or to the property line of said public or private school, public park or other teletrack wagering establishment. Measurement from the teletrack wagering establishment shall be taken from that portion of the teletrack wagering establishment, including projections therefrom, that is closest to said residential district, public or private school, public park or other teletrack wagering establishment.
- These provisions shall not be construed as permitting any use or activity which is otherwise prohibited or made punishable by law.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
In addition to the information specified above an applicant shall provide such supplemental information as the town manager or designee reasonably determines to be necessary to fully evaluate the application.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
No application for a license under this chapter will be processed with respect to an applicant who is delinquent in payment of any town taxes, fees or other payments due.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
Applicants for any license under this chapter, and all other persons required to be identified in connection with an application shall be subject to background and criminal history investigation and fingerprinting, provided that, fingerprinting and criminal history investigation will not be required for a teletrack operator if:
- The applicant, within twelve months prior to filing the application for a town teletrack operator license, has supplied the required information to the Arizona Racing Commission or to the Arizona Department of Racing or updated such information previously supplied as to any material changes and a criminal history investigation has been conducted at the state level on the basis of said information; and
- The information described in subsection A and the result of the criminal investigation are available to the county sheriff.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
- At the election of the town manager or designee, the license identification card may constitute the actual license issued.
- The license identification card shall be displayed on an outer garment, on the front of the body above the waist, with photograph visible while the holder is on the teletrack wagering establishment premises.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
An application for a teletrack operator or teletrack wagering establishment shall include a nonrefundable application fee of two hundred dollars and other fees required by this article.
- The fee for a teletrack operator license shall be:
- One thousand two hundred dollars per year for up to four parimutuel betting windows or tote machines.
- Five hundred dollars per year for each parimutuel window or tote machine in excess of four.
- The fee for a teletrack wagering establishment license shall be one hundred dollars per year.
- A twenty-five dollar fee for criminal history investigation and fingerprinting shall be paid at the time of application with respect to each applicant and person required to be identified in connection with an application under this article, unless exempt from Section 8-4-10.
- A ten dollar fee shall be paid for a replacement license identification card if required because of loss of the original.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
The term of a teletrack wagering establishment and teletrack operator license issued pursuant to the provisions of this article is one year, commencing at the same time as the teletrack permit issued by the State of Arizona for the establishment.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
- The town council shall hold a public hearing on an application for a teletrack wagering establishment license except as provided in Section 8-4-7(A)(3). Notice of the hearing shall be given at least thirty days prior to the hearing in the following manner:
- Notice shall be published at least once in a newspaper of general circulation in the town.
- Notice shall be posted on the subject property in such a manner as to be legible from the public right-of-way.
- Notice shall be mailed by first class mail to each owner and tenant as listed on the vicinity ownership list.
- Within five working days of the public hearing the applicant shall be notified in writing of the council's decision to approve or deny the application. The town manager or designee shall communicate this decision to the state racing commission.
- The council may approve or deny the application or may approve subject to conditions for any reason deemed appropriate by the council in order to provide optimum protection for the public health, safety and welfare.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
An applicant or licensee shall give written notice to the town manager or designee of any material changes in information submitted in connection with an application, within ten days of such change.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
- A person under the age of eighteen years may not be present on the premises of a teletrack wagering establishment during any time when teletrack wagering is being conducted, unless accompanied by a parent or guardian.
- The owner or operator of the teletrack wagering establishment shall take all reasonable measures, including but not limited to requiring identification from persons entering or present in a teletrack wagering establishment, to prevent unlawful gambling by minors.
- Wagering pay-offs in a single amount of five hundred dollars or more shall be made by check or similar instrument other than cash. Notice to this effect shall be posted conspicuously near all betting windows.
- Teletrack wagering establishments shall maintain security in accordance with the security plan approved during licensing of the establishment by the town.
- Teletrack wagering may be conducted only between the hours of 7:00 a.m. and 1:00 a.m.
- Revocation or suspension of a state operator license or permit will constitute automatic revocation or suspension of the corresponding town license.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
- Sixty days prior to the license expiration date, a licensee may apply to the town manager or designee for renewal of the license. Application shall be made and reviewed as an original application, except that an application fee payment is not required on a renewal application. All other applicable fee payments are required.
- Criminal history investigations and fingerprinting shall be completed each year as part of the renewal process, unless Section 8-4-10 applies.
- Granting of a license under this article does not confer an entitlement to or presumption of renewal of the license. Renewal may be denied for any reason deemed sufficient by the town council.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
The business premises of any person required to be licensed under this article, including any property on the premises and any and all ledgers, books, records or memoranda, including information maintained on computer disks, tapes and terminal memory shall be open to inspection by representatives of the town upon request, at any time during the licensee's regular business hours.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
- The town manager or designee may revoke a license in accordance with the procedures on any of the grounds for revocation stated in Article 8-1 of this chapter, and for any of the following additional grounds:
- Violation of the laws governing wagering within the State of Arizona or the sale of liquor within the State of Arizona.
- Repeated acts of violence or disorderly conduct.
- False or misleading testimony by the licensee in an investigation or other proceeding.
- Delinquency for more than thirty days in the payment of any applicable taxes or fees to the town.
- Failure to operate a teletrack wagering establishment in compliance with plans submitted and approved pursuant to Section 8-4-6 (F), (J) and (K) of this article.
- Violation of any of the provisions of this article.
- Revocation of a teletrack wagering establishment license shall constitute revocation of the teletrack operator license(s) issued for the same location.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
The teletrack operator license will be suspended in the event the teletrack wagering establishment location is no longer licensed due to ownership change or expiration of teletrack wagering establishment license.
HISTORY
Adopted by Ord. 105-97 on 5/7/1997
Corrected by Ord. 125-98 Scrivener's Error on 5/20/1998
8-5-1 Purpose And Findings8-5-2 Definitions8-5-3 Classification8-5-4 License Required8-5-5 Issuance Of License8-5-6 Fees8-5-7 Inspection8-5-8 Expiration Of License8-5-9 Suspension8-5-10 Revocation8-5-11 Transfer Of License8-5-12 Location Of Sexually Oriented Businesses8-5-13 Additional Regulations For Adult Motels8-5-14 Regulations Pertaining To Exhibition Of Sexually Explicit Films, Videos Or Live Entertainment In Viewing Rooms8-5-15 Additional Regulations For Escort Agencies8-5-16 Additional Regulations For Nude Model Studios8-5-17 Additional Regulations Concerning Public Nudity8-5-18 Prohibition Against Children In A Sexually Oriented Business8-5-19 Hours Of Operation8-5-20 Exemptions8-5-21 Penalty; InjunctionHISTORY
Adopted by Ord. 123-98 on 5/6/1998
- Purpose. It is the purpose of this article to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the town, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the town. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material.
- Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976) and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio and Beaumont, Texas and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the council finds:
- Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
- Certain employees of sexually oriented businesses defined in this article as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.
- Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows.
- Offering and providing such space encourages such activities, which creates unhealthy conditions.
- Persons frequent certain adult theaters, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
- At least fifty communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.
- Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States -- 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 253,448 through December 31, 1992.
- As of June 26, 1996, there have been 4,377 reported cases of AIDS in the State of Arizona.
- The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November of 1990.
- The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990.
- The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
- According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
- Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
- Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.
- The findings noted in paragraphs number 1 through 14 raise substantial governmental concerns.
- Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
- A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the town. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
- Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.
- Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
- The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
- It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this article is designed to prevent or who are likely to be witnesses to such activity.
- The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this article.
- The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.
- The general welfare, health, morals and safety of the citizens of the Town will be promoted by the enactment of this article.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
In this article, unless the context otherwise requires:
"Adult arcade” means any place to which the public is permitted or invited wherein coin- operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
“Adult bookstore, adult novelty store or adult video store” means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
- Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
- Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
“Adult cabaret” means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
- Persons who appear in a state of nudity or semi-nude; or
- Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
- Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
“Adult motel” means a hotel, motel or similar commercial establishment which:
- Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
- Offers a sleeping room for rent for a period of time that is less than ten hours; or
- Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
“Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
“Adult theater” means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi- nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
“Employee” means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
“Escort” means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
“Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
“Establish” or “Establishment” means and includes any of the following:
- The opening or commencement of any sexually oriented business as a new business; or
- The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
- The additions of any sexually oriented business to any other existing sexually oriented business; or
- The relocation of any sexually oriented business.
“Licensee” means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
“Nude model studio” means any place where a person who appears semi-nude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. “Nude model studio shall not include a proprietary school licensed by the State of Arizona or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:
- That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
- Where in order to participate in a class a student must enroll at least three days in advance of the class; and
- Where no more than one nude or semi-nude model is on the premises at any one time.
“Nudity” or a “state of nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
“Person” means an individual, proprietorship, partnership, corporation, association or other legal entity.
“Semi-nude” or in a “semi-nude condition” means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
“Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
- Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
- Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
“Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
“Specified anatomical areas” means:
- The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
- Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
“Specified criminal activity” means any of the following offenses:
- Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries for which:
- Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
- Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
- Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four month period.
- The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
“Specified sexual activities” means any of the following:
- The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or
- Sex acts, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
- Excretory functions as part of or in connection with any of the activities set forth in paragraphs 1 and 2 above.
“Substantial enlargement” of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five percent, as the floor area exists on the date this article takes effect.
“Transfer of ownership or control” of a sexually oriented business means and includes any of the following:
- The sale, lease or sublease of the business; or
- The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
- The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
Sexually oriented businesses are classified as follows:
- adult arcades
- Adult bookstores, adult novelty stores or adult video stores
- adult cabarets
- adult motels
- adult motion picture theaters
- adult theaters
- escort agencies
- nude model studios
- sexual encounter centers
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- It is unlawful:
- For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the town pursuant to this article.
- For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the town pursuant to this article.
- For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this article.
- An application for a license must be made on a form provided by the town.
- All applicants must be qualified according to the provisions of this article. The application may request and the applicant shall provide such information (including fingerprints) as to enable the town to determine whether the applicant meets the qualifications established in this article.
- If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
- The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
- If the applicant is:
- An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is eighteen years of age;
- A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
- A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
- If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state the sexually oriented business' fictitious name and submit the required registration documents.
- Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this article, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
- Whether the applicant, or a person residing with the applicant, has had a previous license under this article or other similar sexually oriented business ordinances from another municipality or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this article whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
- Whether the applicant or a person residing with the applicant holds any other licenses under this article or other similar sexually oriented business ordinance from another municipality or county and, if so, the names and locations of such other licensed businesses.
- The single classification of license for which the applicant is filing.
- The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any.
- The applicant's mailing address and residential address.
- A recent photograph of the applicant(s).
- The applicant's driver's license number, Social Security number and/or his/her state or federally issued tax identification number.
- A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
- A current certificate and straight-line drawing prepared within thirty days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within one thousand feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within one thousand feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
- If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred-fifty square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Section 8-5-14.
- Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the town the following information:
- The applicant's name or any other name (including "stage" names) or aliases used by the individual.
- Age, date, and place of birth
- Height, weight, hair and eye color
- Present residence address and telephone number
- Present business address and telephone number
- Date, issuing state and number of driver's permit or other identification card information
- Social Security number
- Proof that the individual is at least eighteen years of age
- Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:
- A color photograph of the applicant clearly showing the applicant's face and the applicant's fingerprints on a form provided by the Maricopa County Sheriff's Office. Any fees for the photographs and fingerprints shall be paid by the applicant.
- A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state or country has ever had a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name, the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.
- A statement whether the applicant has been convicted of a specified criminal activity as defined in this article and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- Upon the filing of said application for a sexually oriented business employee license, the Lead Customer Service Representative (or designee) shall issue a temporary license to said applicant. The application shall then be referred to the appropriate town departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty days from the date the completed application is filed. After the investigation, the Lead Customer Service Representative (or designee) shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
- The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form; or
- The applicant is under the age of eighteen years; or
- The applicant has been convicted of a "specified criminal activity" as defined in this article; or
- The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this article; or
- The applicant has had a sexually oriented business employee license revoked by the town within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in Section 8-5-10.
- A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the town that the applicant has not been convicted of any specified criminal activity as defined in this article or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in Section 8-5-6.
- Within thirty days after receipt of a completed sexually oriented business application, the Lead Customer Service Representative (or designee) shall approve or deny the issuance of a license to an applicant. The Lead Customer Service Representative (or designee) shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
- An applicant is under eighteen years of age.
- An applicant or a person with whom applicant is residing is overdue in payment to the town of taxes, fees, fines or penalties assessed against or imposed upon him/her in relation to any business.
- An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
- An applicant or a person with whom the applicant is residing has been denied a license by the town to operate a sexually oriented business within the preceding twelve months or whose license to operate a sexually oriented business has been revoked within the preceding twelve months.
- An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this article.
- The premises to be used for the sexually oriented business have not been approved by the Maricopa County health department, Rural Metro fire department and the building official as being in compliance with applicable laws and ordinances.
- The license fee required by this article has not been paid.
- An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.
- The license, if, granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to Section 8-5-3. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
- The health department, fire department and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty days of receipt of the application by the town.
- A sexually oriented business license shall issue for only one classification as found in Section 8-5-3.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a five hundred dollar non- refundable application and investigation fee.
- In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the town an annual non- refundable license fee of five hundred dollars within thirty days of license issuance or renewal.
- Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual one hundred dollar non-refundable application, investigation and license fee.
- All license applications and fees shall be submitted to the Lead Customer Service Representative (or designee).
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- An applicant or licensee shall permit representatives of the Maricopa County Sheriff’s Office, the Maricopa County Health Department, Rural Metro Fire Department, Town Zoning Department, or other town departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
- A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 8-5-4. Application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected.
- When the Lead Customer Service Representative denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Lead Customer Service Representative finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date denial became final.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
The Lead Customer Service Representative (or designee) shall suspend a license for a period not to exceed thirty days if a licensee or an employee of a licensee has:
- violated or is not in compliance with any section of this article;
- refused to allow an inspection of the sexually oriented business premises as authorized by this article.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- The Lead Customer Service Representative (or designee) shall revoke a license if a cause of suspension in Section 8-5-9 occurs and the license has been suspended within the preceding twelve months.
- The Lead Customer Service Representative (or designee) shall revoke a license if:
- A licensee gave false or misleading information in the material submitted during the application process; or
- A licensee has knowingly allowed possession, use or sale of controlled substances on the premises; or
- A licensee has knowingly allowed prostitution on the premises; or
- A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended; or
- Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises; or
- A licensee is delinquent in payment to the town, county or state for any taxes or fees past due.
- When the Lead Customer Service Representative (or designee) revokes a license, the revocation shall continue for one year, and the licensee shall not be issued any sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the Lead Customer Service Representative (or designee) finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective.
- After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district not permitted in the Queen Creek Zoning Ordinance.
- A person commits a misdemeanor if the person operates or causes to be operated a sexually oriented business within one thousand feet of:
- A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities; or
- A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school; or
- A boundary of a residential district as defined in the Queen Creek Zoning Ordinance; or
- A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the town which is under the control, operation or management of the town park and recreation authorities; or
- The property line of a lot devoted to a residential use as defined in the Queen Creek Zoning Ordinance; or
- An entertainment business which is oriented primarily towards children or family entertainment; or
- A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State.
- A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand feet of another sexually oriented business.
- A person commits a misdemeanor if that person causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
- For the purpose of subsection B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection B. Presence of a town, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
- For purposes of subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- Evidence that a sleeping room in a hotel, motel or a similar commercial establishments has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.
- A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he rents or subrents the same sleeping room again.
- For purposes of subsection B of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty square feet of floor space, a film, video cassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
- An application for a sexually oriented business license shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Lead Customer Service Representative (or designee) may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
- The application shall be sworn to be true and correct by the applicant.
- No alteration in the configuration or location of a manager's station may be made without the prior approval of the Lead Customer Service Representative (or designee).
- It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
- The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
- It shall be the duty of the licensee to ensure that the view area specified in paragraph 5 of this subsection remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to paragraph 1 of this subsection.
- No viewing room may be occupied by more than one person at any time.
- The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candles as measured at the floor level.
- It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
- No licensee shall allow openings of any kind to exist between viewing rooms or booths.
- No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
- The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
- The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
- The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty eight inches of the floor.
- A person having a duty under subsection A of this section commits a misdemeanor if he knowingly fails to fulfill that duty.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- An escort agency shall not employ any person under the age of eighteen years.
- A person commits a misdemeanor if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen years.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- A nude model studio shall not employ any person under the age of eighteen years.
- A person under the age of eighteen years commits a misdemeanor if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under eighteen years was in a restroom not open to public view or visible to any other person.
- A person commits a misdemeanor if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
- A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- It shall be a misdemeanor for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or depicts specified sexual activities.
- It shall be a misdemeanor for a person who knowingly or intentionally in a sexually oriented business appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage at least two feet from the floor.
- It shall be a misdemeanor for an employee, while semi-nude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in a sexually oriented business.
- It shall be a misdemeanor for an employee, while semi-nude, to touch a customer or the clothing of a customer.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen years on the premises of a sexually oriented business.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
No sexually oriented business, except for an adult motel, may remain open at any time between the hours of one o'clock A.M. and eight o'clock A.M. on weekdays and Saturdays, and one o'clock A.M. and noon P.M. on Sundays.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
It is a defense to prosecution under Section 8-5-17 that a person appearing in a state of nudity did so in a modeling class operated:
- By a proprietary school licensed by the State of Arizona; a college, junior college or university supported entirely or partly by taxation;
- By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
- In a structure:
- Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
- Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
- Where no more than one nude model is on the premises at any one time.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
- Violation of any requirement or prohibition stated in this article is a class one misdemeanor. With respect to a violation that is continuing in nature, each day that the violation occurs is a separate offense.
- In addition to other penalties, a sexually oriented business which operates without a valid license shall constitute a public nuisance, which, in addition to any other enforcement mechanisms in this Code, may be abated by a suit for injunctive relief.
HISTORY
Adopted by Ord. 123-98 on 5/6/1998
8-6-1 Purpose8-6-2 Definitions8-6-3 Registration Required; Penalties8-6-4 Emergency Point Of Contact Requirements; Penalties8-6-5 Compliance With The Law; Prohibited Uses8-6-6 Registration Suspensions8-6-7 Penalties8-6-8 Appeals8-6-9 Judicial Relief8-6-10 SeverabilityHISTORY
Adopted by Ord. 805-22 on 12/21/2022
Amended by Ord. 822-23 Chapter 8-6-3 & 8-6-6 Titles replaces "License" with "Registration" on 11/1/2023
This Article is adopted to protect the health, safety, and welfare of the Queen Creek community by enacting reasonable regulations for short-term rentals and vacation rentals. These regulations are in addition to other codes of the Town.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
In this Article, unless the context or definitions in A.R.S. § 9-500.39 indicate otherwise, the following terms or phrases are defined as follows:
“Advertisement” means any method of soliciting the use of property for vacation rental purposes.
“Days” shall mean calendar days unless stated otherwise.
“Designee” and “Agent” are interchangeable for purposes of this Article and mean any person or persons with the charge, care, or control of any property, dwelling unit, or portion thereof. “Designee” includes the “emergency point of contact.”
“Emergency point of contact” means the owner or individual designated by the owner to: (i) serve as the local twenty-four (24) hour emergency point of contact for the vacation rental; and (ii) respond to complaints and emergencies relating to the vacation rental in a timely manner as required by this Article.
“Nonresidential use” means any use that is not permitted in a residential zoning district pursuant to a Town zoning ordinance. Nonresidential use includes banquets, wedding venues, event venues, day cares, restaurants, health clubs, arts and craft boutiques, swap meets and other similar nonresidential uses.
“Online Lodging Marketplace” has the same meaning prescribed in A.R.S. § 42-5076.
“Owner” means any person who, alone or with others, has title or interest in a property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and includes any person who as agent, executor, administrator, trustee, or guardian has charge, care, or control of any property, dwelling unit, or portion thereof.
“Person” means an individual, public entity, firm, corporation, partnership, limited liability company, trust, association, or any other business entity or juridical person, whether operating on a for-profit or nonprofit basis.
“Registration” means authorization by the Town to operate a vacation rental in accordance with this Article.
“Short-term rental” and "vacation rental" are interchangeable for purposes of this Article and mean any individually or collectively owned single-family or one-to-four-family house or dwelling unit, or any unit or group of units in a condominium or cooperative, that is also a transient public lodging establishment or owner-occupied residential home offered for transient use. “Vacation rental” does not include:
- accommodations or property that is classified for property taxation under A.R.S. § 42-12001; or
- any unit that is used for any nonresidential use, including a special event that would otherwise require a license, retail, restaurant, banquet space, or other similar use.
“Transaction privilege tax license” is the license issued by the State of Arizona pursuant to A.R.S., Title 42.
"Transient" means any person who either at the person's own expense or at the expense of another obtains lodging space or the use of lodging space on a daily or weekly basis, or on any other basis for less than thirty consecutive days.
“Timely manner” means responding to complaints and emergencies in person, by phone, or by email within 60 minutes when requested by a police officer and within 24 hours for all other non-emergency requests.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
Amended by Ord. 822-23 Removes "Applicant"; Renames "License" to "Registration" on 11/1/2023
- Registration required. Prior to use of a property as a vacation rental, the owner of shall register the property with the Town. Renting, or offering for rent, a vacation rental without complying with the registration requirement in this Section 8-6-3 is prohibited.
- Registration. The owner of a proposed vacation rental shall register with the Town on a form furnished by the Town. The registration shall be signed by the property owner and shall contain the following minimum information, which shall be made publicly available:
- The physical address of the residential property proposed to be used as a short-term rental.
- The name, address, email address and telephone number of the owner for which the short-term rental registration is to be issued. If the property owner is an entity, the legal name of the entity and its statutory agent.
- The name, address, and telephone number of each designee of the owner, if any.
- The full name, address, and twenty-four (24) hour telephone number of the individual who will serve as the emergency point of contact.
- Proof of a valid transaction privilege tax license.
- Acknowledgment by the owner of an agreement to comply with all applicable laws, regulations, and ordinances, including the requirement that the owner and each designee shall not be a registered sex offender, been convicted of any felony act that resulted in death or serious physical injury, or been convicted of any felony use of a deadly weapon within the past five years.
- Evidence the vacation rental is registered with the Maricopa or Pinal County Assessor’s Office in accordance with A.R.S. § 33-1902.
- If the applicant is an individual, proof of lawful presence in the United States in accordance with A.R.S. §§ 1-502 and 41-1080.
- Reasons for denial of registration. The Town shall accept or deny the registration within seven (7) business days after receipt of a complete registration form, except that the Town may deny issuance of a registration for any of the following reasons:
- The owner or designee failed to provide the information required under subsection B;
- The owner or designee provided false information;
- The owner or designee of the owner: (i) is a registered sex offender; (ii) has been convicted of any felony act that resulted in death or serious physical injury; or (iii) has been convicted of any felony use of a deadly weapon within five (5) years of submitting the application; or
- At the time of registration, the owner has had a suspended registration for the same vacation rental or any of the following applies: (a) one violation at the vacation rental that resulted in or constituted any of the offenses described in Sec. 8-6-7; or (b) three violations of this Article at the vacation rental within a twelve (12) month period, not including an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.
- Notice of denial; appeal. The Town Clerk or designee shall give notice of the denial of a registration by emailing the notice to owner or designee at the address listed on the registration form. The notice of the denial shall inform the owner or designee of the right to appeal the denial as provided for in Sec. 8-6-8.
- Maintaining Accurate Information. All applicants and persons holding a registration issued pursuant to this Article shall give prior written notice to the Town Clerk or designee of any material change in information submitted in connection with an the registration. The notice shall be provided to the Town Clerk or designee not less than ten (10) days prior to the effective date of the change. Any information required for an application under this Section 8-6-3 is deemed to be material for purposes of this Section 8-6-3.
- Operating Without Registering; Penalties. A vacation rental owner that fails to register within thirty (30) days of the registration form being made available by the Town shall immediately cease operations. In addition to any other penalty pursuant to the Town Code, the Town may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner’s designee fails to register within 30 days of receiving the written notice of violation from the Town. Representations or advertisements including online listings that reference the property, house or dwelling unit location within the Town is prima facie evidence that a vacation rental is operating in the Town.
- Non-transferable. No registration shall be transferable either as to location or as to person.
- Implementation. The Town Clerk or designee shall develop the necessary forms and/or database(s) necessary to implement this Section 8-6-3.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
Amended by Ord. 822-23 Replaces "License" with "Registration" and deletes "Term of License" on 11/1/2023
- Emergency Responses. When requested by a police officer, the owner or emergency point of contact whose name appears on the registration must be on the vacation rental premises, or be available over the phone or text, within sixty (60) minutes of the request.
- Non-emergency Responses. The owner or emergency point of contact shall respond to all other complaints relating to the vacation rental in person, over the phone, by e-mail, or by text within twenty-four (24) hours of the request.
- Maintaining Accurate Emergency Information. All persons holding a registration issued pursuant to this Article shall give prior written notice to the Town Clerk or designee of any change to the contact information provided to the Town for the emergency point of contact. The notice shall be provided to the Town Clerk or designee not less than ten (10) days prior to the effective date of the change.
- Penalties. In addition to any other penalty pursuant to the Town Code, an owner shall be subject to civil penalties of up to $1,000 for every thirty (30) days the owner fails to provide notice to the Town as required under this subsection. Before imposing the initial civil penalty, the Town shall provide thirty (30) days' notice to the owner by mailing a notice of violation to the owner’s mailing address that was provided to the Town. The notice of the violation shall inform the applicant of the right to appeal the denial as provided for in Section 8-6-8. Notwithstanding the date of the notice of violation, the date for calculating the penalties shall be the first day the vacation rental is occupied following the owner’s failure to provide the notice to the Town regarding the change.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
Amended by Ord. 822-23 Replaces "license or license application" with "registration"; deletes "applicants" on 11/1/2023
- A vacation rental shall comply with the federal, state, and local laws including laws relating to public health and safety, sanitation, solid waste, hazardous waste, tax privilege licensing, property tax registration, traffic control, pollution control, noise, property maintenance, and nuisance abatement.
- No person or entity shall operate a vacation rental in violation of this Article or other law. In addition, the use of a vacation rental property for any of the following uses or purposes is strictly prohibited:
- Any nonresidential use;
- Holding a special event that requires a license or permit pursuant to a Town ordinance or state law or rule;
- Operating a retail business, restaurant, event center, banquet hall or similar use;
- Operating or maintaining a sober living home;
- Selling liquor, illegal drugs, or pornography;
- Operating a nude or topless dancing;
- Obscenity;
- Adult-oriented business; or
- Any other use prohibited by A.R.S. § 9-500.39 or the Town code.
- A vacation rental lacking a valid transaction privilege tax license issued by the State of Arizona shall not be rented or offered for rent.
- No person or entity may receive payment or accept a fee, directly or indirectly, for facilitating the rental of a vacation rental operating in violation of this Article or other law.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
Amended by Ord. 822-23 on 11/1/2023
- Registration suspensions. The Town may initiate an administrative process to suspend a vacation rental registration for a period of up to twelve (12) months for any of the following:
- Three verified violations of this Article within a twelve (12) month period, not including any such violation based on an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.
- One verified violation that results in or constitutes any of the following:
- A felony offense committed at or in the vicinity of a vacation rental by the owner of the vacation rental or by the owner’s designee;
- A serious physical injury or wrongful death at or related to a vacation rental resulting from the knowing, intentional or reckless conduct of the owner of the vacation rental or the owner’s designee;
- The owner of the vacation rental or the owner’s designee knowingly or intentionally allowing offenses related to adult-oriented businesses, sexual offenses, or prostitution, or operating or maintaining a sober living home; or
- The owner of the vacation rental or the owner’s designee knowingly or intentionally allowing the use of a vacation rental for a special event that would otherwise require a license or license pursuant to Town code or a state law or rule or for a retail, restaurant, banquet space or other similar use.
- Appeals. A decision to suspend a license may be appealed by the owner as set forth in Section 8-6-8.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
Amended by Ord. 822-23 on 11/1/2023
- The remedies in this Article are cumulative and the Town may proceed under one or more such remedies.
- In addition to any other penalty pursuant to the Town Code, and notwithstanding any other law, the Town may impose a civil penalty of the following amounts against an owner if the owner causes, allows, facilitates, aides,or abets a verified violation of any provision of this Article or fails to perform any act or duty required by this Article, related to the same vacation rental property within the same twelve-month period:
- Up to $500 or up to an amount equal to one night's rent for the vacation rental as advertised, whichever is greater, for the first violation.
- Up to $1,000 or up to an amount equal to two nights' rent for the vacation rental as advertised, whichever is greater, for the second violation.
- Up to $3,500 or up to an amount equal to three nights' rent for the vacation rental as advertised, whichever is grater, for a third and any subsequent violation.
If multiple violations arise out of the same response to an incident at a vacation rental, those violations are considered one violation for the purpose of assessing civil penalties.
C. In addition to any other penalty pursuant to the Town Code, any person who violates or causes, allows, facilitates, aides, or abets any violation of this Article shall be guilty of a civil offense.
D. The failure of any designee to comply with this Article shall not relieve the owner of liability under this Article.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
- Any person aggrieved by any decision with respect to the denial of a vacation rental registration, the suspension of a vacation rental registration, or a penalty imposed pursuant to this Article may appeal the decision by filing a written notice of appeal with the Town Clerk or designee no later than thirty (30) days from the date of the decision letter. The notice of appeal shall be on a form approved by the Town.
- An appeal under this Section 8-6-8 does not operate as a stay of the registration suspension.
- This Section 8-6-8 is not applicable to judicial actions brought pursuant to Section 8-6-9 or to penalties including fines imposed by a court.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
Amended by Ord. 822-23 Replaces "license" with "registration" on 11/1/2023
- Notwithstanding Section 8-6-6, any attempted or completed felony act, arising from the occupancy or use of a vacation rental that results in a death, or actual or attempted serious physical injury, shall be grounds for judicial relief in the form of a suspension of the property's use as a vacation rental for a period that shall not exceed twelve (12) months.
- The Town attorney may initiate proceedings in the Town court or other court of competent jurisdiction to enforce this 8-6-9.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
In the event any Section or provision of this Article shall be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Article as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
ARTICLE 8A-1 ADOPTION OF TAX CODEHISTORY
Amended by Ord. 230-02 on 12/4/2002
Amended by Ord. 236-03 on 1/15/2003
Amended by Ord. 242-03 on 2/19/2003
Adopted by Ord. 248-03 by Reference on 4/16/2003
Recorded by Res. 351-03 by Reference on 4/16/2003
Adopted by Ord. 324-05 by Reference on 9/7/2005
Adopted by Ord. 376-06 by Reference on 12/6/2006
Amended by Ord. 417-08 on 1/16/2008
Adopted by Ord. 423-08 by Reference on 4/2/2008
Recorded by Res. 724-08 by Reference on 4/2/2008
Adopted by Ord. 459-09 on 8/19/2009
Recorded by Res. 800-09 by Reference on 8/19/2009
Adopted by Ord. 500-11 on 9/7/2011
Recorded by Res. 885-11 by Reference on 9/7/2011
Corrected by Ord. 516-12 on 8/1/2012
Repealed by Ord. 839-24 (Article 8A-2, Town Center Code) on 6/5/2024
That certain document known as "The Tax Code of the Town of Queen Creek, Arizona", three copies of which are on file in the office of the town clerk of the Town of Queen Creek, Arizona is hereby referred to, adopted and made a part hereof as if fully set out in this chapter.
HISTORY
Amended by Ord. 417-08 on 1/16/2008
ARTICLE 9-1 AUTHORITY AND INTERFERENCEARTICLE 9-2 BUSINESSARTICLE 9-3 CONSTRUCTIONARTICLE 9-4 FIRE PREVENTION, ALARMS AND FIREWORKSARTICLE 9-5 HEALTH AND SANITATIONARTICLE 9-6 NOISEARTICLE 9-7 PARKING AND OBSTRUCTIONSARTICLE 9-8 TOWN PROPERTY, PARKS, AND RECREATIONARTICLE 9-9 PROPERTYARTICLE 9-10 TRAFFICARTICLE 9-11 OPERATION OF BICYCLES AND OTHER POWER-DRIVEN MOBILITY DEVICESARTICLE 9-12 RESERVEDARTICLE 9-13 RESERVEDARTICLE 9-14 RESERVEDARTICLE 9-15 RESERVEDARTICLE 9-16 RESERVEDARTICLE 9-17 RESERVEDARTICLE 9-18 POLICE DEPARTMENT INFORMATION SYSTEMSARTICLE 9-19 SPECIAL EVENTSARTICLE 9-20 MISCELLANEOUS OFFENSESARTICLE 9-21 PENALTIES9-1-1 Authority9-1-2 Interfering With A Police Officer9-1-3 Refusal To Provide True Full Name Or Proof Of Identification When Lawfully Detained9-1-4 Interfering With Firefighters9-1-5 Interfering With Authorized Enforcement Agents9-1-6 ViolationIt is the intent that the Code Provisions under this Chapter 9 and the remedies and penalties set forth hereunder may be enforced by the Queen Creek Police Department and other duly authorized Town officials, as authorize by in the Town Code and/or by the Town Council or Town Manager ("Authorized Enforcement Agent").
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to hinder, resist, delay, obstruct or prevent Police Officers in the discharge of or their attempt to discharge their official duties, or refuse to obey any lawful order issued by Police Officers engaged in the discharge of their official duties.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for a person, after being advised that the person’s refusal to answer is unlawful, to fail or refuse to provide either identification or evidence of identity on request of a Police Officer who has lawfully detained the person based on reasonable suspicion to believe that the person has committed a violation of an ordinance of the Town or any law of the State of Arizona or the United States.
- Identification means any legally government issued document that contains a photograph, date of birth and physical description, including but not limited to height, weight, eye color, sex and hair color of the person presenting the identification.
- Evidence of identity means that the person has provided the Police Officer with their true full name and date of birth upon request.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to hinder, resist, obstruct, or interfere with the lawful efforts of any firefighter, or company of firefighters, including the Fire Marshal, paramedics and fire code officials, in the performance of their duties, or to engage in any disorderly conduct which might reduce the efficiency of such firefighters, or to forbid, prevent or dissuade others from assisting such firefighters in the performance of their duties, or to disobey the lawful orders of the public officer or firefighters while engaged in extinguishing any fire or responding to an alarm or fire.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to, by threat or use of violence or physical force, or by threatening to do or doing any other act that can be reasonably anticipated to cause physical harm to any person including the perpetrator, intentionally obstruct, impede, or interfere with any Authorized Enforcement Agent lawfully and constitutionally engaged in the enforcement or execution of the provisions of the Town Code.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
A violation of any of any provision in this Article is a class 1 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
9-2-1 Business License Required9-2-2 Peddlers, Solicitors And Transient Merchants9-2-3 Mobile Food Vendors9-2-4 Offensive Business9-2-5 Teletrack Operations9-2-6 Sexually Oriented Businesses9-2-7 Adult Motels9-2-8 Exhibition Of Sexually Explicit Films, Videos Or Live Entertainment In Viewing Rooms9-2-9 Escort Agencies9-2-10 Nude Model Studios9-2-11 Storage And Display Of Tobacco And/Or Vaping Products9-2-12 Liquor License; Right Of Entry Of Enforcement Officials9-2-13 Short-Term Rentals9-2-14 ViolationHISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person, whether as principal or agent, either personally or for another person, or for any corporation, or as a member of any firm or co-partnership, to commence, practice, transact or carry on any trade, calling, profession, occupation or business within the Town limits without first having procured a license from the Town to do so and without complying with all regulations of such trade, calling, profession, occupation or business as specified or required by the United States Government or the State of Arizona and its political subdivisions. Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any peddler, solicitor, transient merchant or itinerant vendor, as the same are defined in this Chapter 8 of the Town Code, to:
- Engage in such business within the Town without first obtaining a license issued by the Town; provided, however, that this Section shall not apply to the producers of agricultural products as defined in State Statute, or to any member of the family or agents or persons in the service of the producer, when the agricultural products are sold or disposed of on behalf of the producer;
- Themselves or through a person on their behalf, shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound-amplifying system, 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 therefrom to be capable of being plainly heard upon the public thoroughfares for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell;
- Come upon any premises whereon a sign bearing the words "no peddlers," "no solicitors," "no transient merchants," "no door-to-door salesmen," or any combination of such terms or terms similar thereto is exposed to public view;
- Transact business within three hundred feet of a public school ground, nor shall they be permitted to operate in any congested area where the operations impede public rights of way, including streets and sidewalks;
- Remain on any premises after having been requested to leave by the owner or occupant thereof whether such premises are posted as specified above or not; and/or
- Operate any business in violation of Article 9-8-5 (G) of the Town Code.
Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- It is unlawful for any mobile food vendor to conduct business without first obtaining and maintaining in effect a general business license pursuant to this Chapter 8 of the Town Code.
- A separate license is required for each food vending vehicle, ice cream truck, or human powered food vending vehicle.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to establish or maintain any slaughterhouse or make a practice of slaughtering cattle, hogs, sheep or any other kind of animal, or establish or maintain any soap factory, render tallow or pursue, maintain or carry on any other business or occupation offensive to the senses or prejudicial to the public health within the limits of the Town, including, without limitaton:
- Nuisances under Article 10-3 of the Town Code;
- Violation of Sections 9-5-2 through 9-5-7 (Health and Sanitation) below;
- Violation of Article 9-6 (Noise) below; and/or
- Sections 9-9-1, 9-9-2, 9-9-3, 9-9-6 and/or 9-9-7 (Property) below.
Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to function in the town as a teletrack operator or operate a teletrack wagering establishment without first obtaining the appropriate license issued by the Town under Article 8-4 of the Town Code. Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person, in relation to a Sexually Oriented Business as classified in Section 8-5-3 of the Town Code, to:
- Operate a sexually oriented business without a valid sexually oriented business license issued by the Town;
- Employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee issued by the Town;
- Obtain employment with a sexually oriented business without having secured a sexually oriented business employee license issued by the Town;
- Refuse to permit such lawful inspection of the premises at any time it is open for business;
- Cause or permit the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business in any location prohibited under Section 8-5 of the Town Code; and /or
- Knowingly allow a person under the age of eighteen years on the premises of a sexually oriented business;
- Knowingly and intentionally, in a sexually oriented business, appear in a state of nudity or depict specified sexual activities;
- Knowingly or intentionally in a sexually oriented business appear in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten (10) feet from any patron or customer and on a stage at least two feet from the floor;
- While semi-nude in a sexually oriented business, solicit and pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in a sexually oriented business; and/or
- While semi-nude in a sexually oriented business, to touch a customer or the clothing of a customer.
Violation of this Section is a class 1 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
In addition to the other provisions of Section 9-2-6, it is unlawful for any person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business license, to rent or subrent a sleeping room to a person and, within ten hours from the time the room is rented, they rent or subrent the same sleeping room again as provided under Section 8-5-13 of the Town Code. Violation of this Section is a class 1 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
In addition to the other provisions of Section 9-2-3, it is unlawful for any person to operate or cause to be operated a sexually oriented business, other than an adult mote, which exhibits on the premises in a viewing room of less than one hundred fifty square feet of floor space, a film, video cassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas without complying with Article 8-5-14 of the Town Code. Violation of this Section is a class 1 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
In addition to the provisions of Section 9-2-6, it is unlawful for any person, to:
- Employ any person under the age of eighteen years; or
- Act as an escort or agrees to act as an escort for any person under the age of eighteen years.
Violation of this Section is a class 1 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
In addition to the provisions of Section 9-2-6, it is unlawful for any person, in relation to a nude model studio, to:
- Employ any person under the age of eighteen years;
- If under the age of eighteen years, appears semi-nude or in a state of nudity in or on the premises of a nude model studio, It is a defense to prosecution under this subsection if the person under eighteen years was in a restroom not open to public view or visible to any other person; and/or
- Appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
Violation of this section is a class 1 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- For the purposes of this Section, the following words and terms shall have the meaning ascribed thereto:
- “Person” means the state, the county, a political subdivision of the state, other governmental entities, a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual. Person also includes a trustee, receiver, an assignee or similar representative.
- “Tobacco product” means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
- “Vaping product” means any device, including component parts or accessories to that device, that delivers or is capable of delivering nicotine to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, e-cigarette, vape-pen, or any other device that delivers nicotine, non-nicotine, other tobacco products, e-juice, e-liquid, oils or waxes to a person; and any e-liquid used in any vaping device containing propylene glycol, oils, nicotine, non- nicotine, plant or vegetable glycerin-based liquid with nicotine or non-nicotine, flavoring and other chemicals and metals, but not tobacco.
- It is unlawful for any person who owns, conducts, operates or manages a business where tobacco and/or vaping products are sold, or any person who sells or offers for sale tobacco and/or vaping products, to fail to store or display, or cause to be stored or displayed, such tobacco and/or vaping products in an area or manner that is accessible to the public without employee assistance.
- A person is exempt from the requirements of this section if both:
- The business where tobacco and/or vaping products are sold prohibits entry of individuals under the age of eighteen at all times; and
- Photographic identification is required from any individual who appears to be twenty-six years of age or younger prior to entering the business where tobacco and/or vaping products are sold.
- Violation of this Section is a Civil Offense.
iness where tobacco and/or vaping products are sold prohibits entry of individuals under the age of eighteen at all times; and
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- Any Authorized Enforcement Agent, shall have the right to enter for lawful inspection purposes during normal business hours any establishment or event in the Town for which a liquor license has been issued by the State.
- It is unlawful for a person to fail or refuse to permit an Authorized Enforcement Agent showing appropriate Town identification, to enter the licensed establishment or event for lawful inspection purposes during business hours.
- A violation of this section is class 1 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to operate a short-term rental within the Town without first registering with the Town under Article 8-6 of the Town Code or to violate any Section under Article 8-6 of the Town Code. Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 805-22 on 12/21/2022
Amended by Ord. 822-23 on 11/1/2023
Except as otherwise specified, violation of any provision of this Article is a Civil Offense. With respect to a violation that is continuing in nature, each day that the violation occurs is a separate offense. In addition to other penalties, a sexually oriented business which operates of this Article shall constitute a public nuisance, which, in addition to any other enforcement mechanisms in this Code, may be abated by a suit for injunctive relief.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Renumbered by Ord. 805-22 on 12/21/2022
9-3-1 Dangerous Constructions9-3-2 Excavations To Be Covered9-3-3 Regulations During Nighttime And Holiday ConstructionHISTORY
Adopted by Ord. 764-21 on 9/15/2021
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 or open to the public, so situated or constructed as to endanger the public safety.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- 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 such excavation to protect the public.
- 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.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful during the times hereinafter set forth, to conduct construction activities of any kind, including but not limited to excavating, clearing of surface land and delivery of equipment or supplies, or operation of any tools, generators, vehicles or equipment of any kind anywhere in the Town limits, when such activities result in the generation of loud, unreasonable, or excessive noise in violation of this Section or Section 9-6-4 below, or without complying with Section 7-1-4-10 of the Town Code.
- Start/stop time periods of construction. Above mentioned construction activities are prohibited during the following time periods, unless a Nighttime and Holiday Construction Permit (”NHCP”) is obtained as required under Section 7-1-4-10 of the Town Code if the construction work is being performed pursuant to a valid building permit issued by the municipality:
- From May 1 to October 15:
- Prior to 5:00 am and after 7:00 pm Monday through Friday
- Prior to 7:00 am and after 7:00 pm on Saturdays
- All times on Sundays
- During the remainder of the year:
- Prior to 6:00 am and after 7:00 pm Monday through Friday
- Prior to 7:00 am and after 5:00 pm on Saturdays
- At all times on Sundays and Legal Holidays as defined by the Town.
- Concrete pouring is permitted one hour before the time that general construction activities are regularly scheduled to begin.
- Stop orders. Whenever any work on a construction project is in violation of the provisions of this section, the Development Services Director or their designee may order the construction project stopped by notice in writing delivered in person to any persons responsible for the project, and any such persons shall forthwith stop work on the project until a permit is obtained. Failure to obey a stop order is a separate violation.
- Exclusions. The following activities shall be excluded from such prohibition:
- Noise generated by work being performed by a resident of a residential building or structure may continue until 10:00 pm but may not begin earlier than the times set forth in subsection A of this section.
- Noise resulting from emergencies, including but not limited to, repair of roofs, windows, doors, electrical, plumbing and mechanical (HVAC) shall be permitted whenever necessary. An emergency shall be defined as any situation where work must be performed in order to prevent serious injury to persons or property.
- Violation of this Section or an issued NHCP is a Civil Offense and Section 9-6-10 shall apply to Repeat Violators as set forth therein.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 784-22 on 4/20/2022
Amended by Ord. 867-25 on 6/18/2025
9-4-1 Tampering Or Injuring Fire Alarm System Or Pumps And Hydrants9-4-2 Alarm Systems9-4-3 Fire Code And Orders9-4-4 Fireworks9-4-5 ViolationsHISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to tamper or injure any part of a fire alarm system or any reservoir, pumps, pipes, valves, gates and fire hydrants or to use or remove, without permission of the Chief of the Fire Department, except for the protection of property from fire damage, any part of the equipment of the Fire Department.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- It shall be unlawful to activate an alarm system for the purpose of summoning law enforcement when no burglary, robbery, or other crime dangerous to life or property is being committed or attempted on the premises, or otherwise to cause a false alarm. Violation of this subsection is a class 1 misdemeanor.
- It shall be unlawful to install, maintain, or use an audible alarm system which can sound continually for more than 10 minutes. Violation of this subsection is a civil offense.
- It shall be unlawful to install, maintain, or use an automatic dial protection device that reports, or causes to be reported, any recorded message to the Police Department or the designated Public Safety Answering Point. Violation of this subsection is a civil offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to violate the Town Fire Code and/or any lawful order issued by the Chief of the Fire Department, the Fire Marshall or other Authorized Enforcement Agent pursuant to the Fire Code and/or Article 18 of the Town Code. Except as otherwise provided in State Statute or Article 18, a violation of this Section is a class 1 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- Definitions. In addition to the definitions set forth in A.R.S. § 36-1601, the following words, terms and phrases, when used in this Article, have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
- "Supervised Public Display" means a monitored performance of display fireworks open to the public and authorized by permit by the Chief of the Fire Department, Town Fire Marshal, or designee.
- "Public Facilities" means any building or real property, other than public right of way, which is owned, leased or otherwise operated by a governmental entity.
- Fireworks Prohibited; Supervised Public Display; Exceptions.
- It is unlawful for any person to use, discharge or ignite fireworks within the Town as provided in A.R.S. Title 36, Chapter 13, and Article 1. The use, discharge or ignition of permissible consumer fireworks is limited to May 4 through May 6, June 24 through July 6 and December 26 through January 4 each year and the second and third days of Diwali of each year.
- It is unlawful for any person to discharge or ignition of fireworks is prohibited on all public property including in all public parks, public retention areas, public rights- of-way and Public Facilities.
- It is unlawful to fail comply with permit requirements and conditions issued by the Town pursuant to Section 18-1-8(B) of the Town Code.
- Nothing in this section or chapter shall be construed to prohibit the use, discharge or ignition of Novelty Items or the occurrence of a Supervised Public Display. However, it is unlawful for any person to fail to comply with any permit requirements and conditions issued by the Chief of the Fire Department, the Fire Marshal or his designee pursuant to Section 18-1-8(B) of the Town Code.
- Sale and posting of signs by persons engaged in the sale of fireworks.
- It is unlawful for any person to sell fireworks within the Town on days other than April 25 through May 6, May 20 through July 6 and December 10 through January 3 of each year and two days before the first day of Diwali through the third day of Diwali each year.
- In letters at least two inches high on contrasting background shall be posted at each entrance or within ten feet of every aisle directly serving the consumer fireworks retail sales area signs indicating the following: “Fireworks – No Smoking”;
- For those operating fireworks tents. Signs with letters at least four inches high on contrasting background shall be conspicuously posted on the exterior of each side of the consumer fireworks retail sales facility indicating the following: “No Fireworks Discharged Within 300 Feet”; and
- Complying with the regulations adopted by the Chief of the Fire Department, the Fire Marshal or his designee pursuant to Chapter 18 of the Town Code.
- Except as otherwise provided by State Statute, violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 833-24 on 4/17/2024
Amended by Ord. 859-25 on 2/19/2025
- Except as otherwise specified, violation of any provision of this Article, Chapter 18 of the Town Code, and/or the Town Fire Code is a Civil Offense. With respect to a violation that is continuing in nature, each day that the violation occurs is a separate offense.
- Any Authorized Enforcement Agent issuing a civil citation or a complaint for violation of this Section may also issue a notice of violation specifying actions to be taken and the time in which they are to be taken to avoid a civil penalty.
- In addition to any other applicable penalty or damages, the Town may recover all costs and expenses incurred as set forth in Chapter 18, including without limitation Article 18.2, of the Town Code.
- Authorized Enforcement Agents, including without limitation the Fire Marshall, Chief of the Fire Department, are authorized to seize, take, remove or cause to be removed fireworks, explosives, and/or other materials utilized or possessed in violation of this Article and/or Chapter 18 of the Town Code.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
9-5-1 Public Urination Or Defecation9-5-2 Rubbish, Trash, Weeds, Filth, Debris And Dilapidated Structures On Property9-5-3 Littering9-5-4 Improper Handling Of Refuge, Garbage, And Trash9-5-5 Improper Handling Of Waste9-5-6 Interfering With Waste Collection9-5-7 Illicit Non-Stormwater Drainage And Connections9-5-8 CampingHISTORY
Adopted by Ord. 764-21 on 9/15/2021
- It shall be unlawful for any person to urinate or defecate in a place open to the public or exposed to public view, except by proper use of a toilet or other suitable facility provided for this purpose.
- Violation of this Section is a class 3 misdemeanor.
- In addition to the penalties proscribed in subsection B above, a person convicted under this section may be ordered to pay restitution for any clean-up and other abatement costs incurred by the Town.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to throw, deposit, maintain or allow to be maintained, any rubbish, trash, weeds, filth, debris or dilapidated structures on any occupied or unoccupied private or public property within the Town, whether owned by such person or not. Notwithstanding the foregoing, the owner or person in control of private property may maintain authorized private receptacles for rubbish, trash, weeds, filth, and debris in such a manner that rubbish, trash, weeds, filth, and debris will be prevented from being carried or deposited by the elements upon any public place. In addition to any criminal penalty which may be imposed for violation of any provisions of this article, such person shall be liable for all costs which may be assessed pursuant to this article for the removal of said rubbish, trash, weeds, filth, debris and dilapidated structures.
- Any person who violates this Section on private property shall be guilty of a civil offense unless that person immediately removes the rubbish, trash, filth, or debris from the property.
- Any person who violates this Section on public property shall be guilty of a class 1 misdemeanor unless that person immediately removes the rubbish, trash, filth, or debris from the property.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to throw or deposit any litter in or upon any street, alley, public grounds, school grounds, church grounds or any other property, including without limitation:
- Littering in violation of section 10-3-3, 10-3-4, 10-3-5, 10-3-7, 10-3-10, 10-3-11, or 10-3-13 of the Town Code. Violation of this Subsection is a class 3 misdemeanor; and/or
- Depositing Handbills in violation of Section 10-3-6, 10-3-8, 10-3-9, or 10-3-14 of the Town Code. Violation of this section is a civil offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- It is unlawful for any person to improperly deposit, dump, haul or cause to be deposited, dumped or hauled any refuse, garbage, or trash in violation of Article 10-4 of the Town Code.
- Violation of this Section involving no more than offensive smells and/or leaking is a civil offense.
- Violation of this Section involving depositing or dumping is a class 1 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to collect, remove, deposit, or otherwise handle waste in violation of Section 10-9-14 of the Town Code. Except as otherwise specified, violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to interfere with the collection of Town waste collection services, including without limitation by;
- Encouraging, permitting or failing to restrain a vicious animal under Section 10-9-14. Violation of this subsection is a class 1 misdemeanor; and/or
- Parking a vehicle in such a way as to obstruct access under Section 10-9-14. Violation of this subsection is a civil offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to:
- Throw, drain, or otherwise introduce, cause, or allow others under its or their control to throw, drain, or otherwise introduce into the Town MS4 or into the Storm Drainage System connected to the Town MS4 any pollutants or waters containing any pollutants, other than Stormwater under Article 10-10 of the Town Code;
- Construct, use, maintenance or continue the existence of illicit connections to the Town MS4 or into the Storm Drainage System under Article 10-6 of the Town Code;
- Construction Sites. Interfere with an Authorized Enforcement Agent from taking lawful action necessary to access and/or inspect premises or records under Section 10-10-7(B) of the Town Code; and/or
- Interfere with an Authorized Enforcement Agent’s enforcement of Article 10-10 of the Town Code.
Violation of this section is a class 3 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- Definitions
"Camp" or "Camping," as used in this article, means to use any real property or space as a temporary place of dwelling, lodging, residence, or living accommodation. Indications of camping may include but are not limited to:- Sleeping, preparing to sleep, or storing personal belongings.
- Engaging in activities such as laying down bedding, using sleeping bags, or setting up any form of shelter.
- Making a place habitable by carrying out activities such as making a fire, cooking, or using tents, tarps, vehicles, or other structures for shelter.
- Establishing an area with a sense of permanence ore semi-permanence, such as setting up a camp with multiple items indicating a stay longer than temporary resting.
- Such activities constitute camping when it reasonably appears, under the circumstances, that a person is using the area as a living accommodation, no matter how temporary. This applies regardless of the intent of the participants or the nature of any other activities they may also be engaging in.
- Camping Prohibited, Private Property. In addition to prohibitions outlined in subsection 9-8-5 (K) and 9-5-8 (C), camping is prohibited on private property:
- Where it is conducted in such a manner as to constitute a nuisance because of noise, inadequate sanitation, or other matters offensive to a reasonable person.
- Where the camping is of such frequency, intensity, or duration as to constitute a use of land prohibited by any provision of the Town's Zoning Ordinance or this code.
- Where prohibited under any provision of this code concerning the use of a mobile home, a recreational vehicle, a bus, a hauler, a camping trailer, or any other conveyances.
- Where, unless authorized by the Town, any fee, charge, or other monetary consideration is collected for the privilege of camping.
- In the parking lot of any religious, educational, healthcare, park, lodging, retail, industrial, office, business, commercial, or other similar establishment, regardless of the permission of the owner, lessee, occupant, or person having legal control of such property, unless such property has been specifically zoned to permit camping and has approved water and wastewater disposal facilities and other utilities for camping purposes.
- Camping Prohibited, Other Public Property. In addition to prohibitions outlined in subsections 9-8-5 (K) and 9-5-8 (B), camping is prohibited on public property owned by the United States Government, the State of Arizona, or any political subdivision thereof, where the United States, the State or its political subdivisions have not provided facilities for camping or have elected not to permit camping.
- Camping; Violations; Penalties.
- A violation of this Section (9-5-8) is a class 3 misdemeanor.
- The court may impose restitution for any economic losses or expenses incurred to remove all litter, debris, garbage, trash, and any other material from the site placed by that person without the consent of the lawful owner of the property.
- Camping; Violations; Public Nuisance; Notice.
- Any campsite established in the town on private property in violation of this Section (9-5-8) is declared to be a public nuisance, and upon a determination that such a campsite constitutes and immediate threat to the health, safety, or welfare of persons in the Town, including persons using the campsite, the Police Department is authorized and empowered to remove any such campsite, including camping paraphernalia, personal property, litter, debris, garbage, trash, or other associated materials and dispose of the items in accordance with Article 4-4.
- If persons are occupying the campsite at the time, then before removing the campsite, the Police Department shall warn the person or persons occupying the campsite that they are in violation of this Chapter and shall give them a reasonable opportunity to remove the campsite including any camping paraphernalia, personal property, litter, debris, garbage, trash, or other associated materials.
- If any property or materials used for camping are left unattended, unclaimed, or abandoned on town property, the Town may remove and dispose of the items in accordance with Article 4-4.
HISTORY
Adopted by Ord. 847-24 on 10/2/2024
9-6-1 Music9-6-2 Vehicle/Trailer-Mounted Noise Amplifying Devices9-6-3 Motor Vehicles9-6-4 Nighttime Noise9-6-5 Unnecessary Noise9-6-6 Public Disturbances9-6-7 Animal Noise9-6-8 Exemptions9-6-9 Persons Responsible9-6-10 Repeat Violators9-6-11 Multiple Complaining Witnesses9-6-12 NuisanceHISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person or entity owning, operating, or in control of any restaurant, hotel, dance hall, show, business, or any other place of public amusement, entertainment, or accommodation, to play or allow to be played or emitted any music or sound from musical instrument or instruments that: (i) is loud, unreasonable, excessive, or unreasonably offensive to the senses; (ii) unreasonably disturbs, disrupts, or interferes with the slumber of any person in a residence, hotel, or any similar place of accommodation; or (iii) unreasonably disturbs, disrupts, annoys, or interferes with the peaceful, comfortable, and quiet enjoyment of the life or property of any person. Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person or entity to play, operate, or use, or allow to be played, operated, or used, any sound amplification device, including without limitation a loud speaker, sound truck, radio, mobile device, computer, or any instrument or device of any kind or character that emits loud or unreasonable noise (collectively, “Noise Amplifying Device”) and is attached to or upon or in any vehicle or trailer unless the person or entity in owning, operating, or otherwise in charge of such vehicle or trailer shall have first applied to and received written permission from the Town Clerk or designee to operate any such Noise Amplifying Device. Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person or entity to do any of the following or allow any of the following to be done on property or in a business the person or entity owns, operates, or in any way controls:
- Operate a motor vehicle that is not at all times equipped with an exhaust system that has a muffler that is in good working order, in constant operation, and prevents the emission of loud, excessive, or unreasonable noise from the motor vehicle.
- Operate a motor vehicle or machinery equipped with any device or modification that eliminates or in any way diminishes the noise-inhibiting function of a muffler.
- Operate a motor vehicle in such a manner as to cause any portion thereof to emit excessive or unreasonable noise. Violations of this provision include, without limitation, revving the engine of any motor vehicle for purposes unrelated to locomotion; causing a motor vehicle’s tires to screech or squeal due to excessive speed, rapid acceleration, or aggressive maneuvering unrelated to the avoidance of immediate danger; operation of a motor vehicle that backfires at regular or frequent intervals; honking of a horn or warning device affixed to the motor vehicle except as authorized by A.R.S. § 28-954; and deceleration through practices commonly known as engine braking and/or Jake braking.
- This provision shall not be construed to prohibit any person or entity from servicing, repairing, or testing any portion of a motor vehicle in a manner that causes the motor vehicle to emit noise; provided, however, that the person or entity does so between the hours 6:00 a.m. and 10:00 p.m. and in a manner that prevents the motor vehicle from emitting excessive or unreasonable noise.
Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person or entity to cause or allow loud, unreasonable, or excessive noise to emit from real or personal property that the person or entity owns or controls, regardless of the instrument, device, or source of the noise, between the hours of 10:00 p.m. and 6:00 a.m., unless issued and operating in compliance with a Nighttime and Holiday Construction Permit (“NHCP”) by the Town in accordance with Section 7-1-4-10, or having met an exclusion or timeframe in accordance with Section 9-3-3 of the Town Code. Violation of this Section is a Civil Offense and Section 9-6-10 shall apply to Repeat Violators as set forth therein.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 784-22 on 4/20/2022
Notwithstanding any other provision of this Article, and in addition thereto, it shall be unlawful for any person without justification to make, continue to make, cause, or allow to be made or continued, any unreasonable noise that disturbs, disrupts, or interferes with the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. Factors that may be considered in determining whether a noise is unreasonable for purposes of this provision include, but are not limited to, the following:
- The volume of the noise;
- The intensity of the noise;
- Whether the nature of the noise is usual or unusual;
- Whether the nature of the noise is natural or unnatural;
- The volume and intensity of the background noise, if any;
- The proximity of the noise to residential sleeping facilities;
- The nature and zoning of the area within which the noise emanates;
- The time of the day or night the noise occurs;
- The duration of the noise;
- Whether the noise is recurrent, intermittent or constant;
- Whether the noise is produced by a commercial or noncommercial activity; and
- Whether it is an impulse noise.
Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It shall be unlawful for any person or group of people in or upon a public street, alley, public place, place of public accommodation, or property used to conduct business, to make any loud, excessive, or unreasonable noise, or to scream, shout, or yell in a manner that disturbs the peace and quiet of any residential neighborhood or the residences therein. Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful to keep or harbor any animal which by frequent, habitual or continued barking, yelping or howling, crowing or the making of any noise disturbs the peace of the residential neighborhood. Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
In addition to any exemptions expressly set forth elsewhere in the Town Code, the following shall be exempt from this Article 9-6:
- Safety signals and alarm devices, storm warning sirens or horns and the authorized testing of such equipment, authorized emergency vehicles engaged in an emergency activity and emergency pressure-relief valves;
- A vehicle operated by a gas, electric, communications, or water utility company, or governmental entity while being operated for official business;
- When the sound amplification system is being operated to request assistance of an emergency nature or to warn of a hazardous situation;
- Noises from the normal operation of railroad trains;
- A vehicle used for advertising in a parade or in a political or other special event as authorized by the Town;
- Church chimes or bells;
- Crowd noises resulting from activities such as those planned for school, government, or community groups or duly authorized by such groups;
- Organized sporting events;
- Noises created by any aircraft operated in conformity with or pursuant to federal law, federal air regulations, or air traffic control instructions issued pursuant to or within duly adopted federal air regulations, together with any noise created by aircraft operating under or pursuant to declaration of any emergency under federal air regulations;
- Heating and cooling equipment when it is functioning in accordance with manufacturer's specifications and is in proper operating condition;
- Landscape maintenance equipment when it is functioning in accordance with the manufacturer's specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition between the hours of 6:00 a.m. and 10:00 p.m.;
- The lawful exercise of established rights under the United States or Arizona Constitutions; or
- Construction noise, so long as it is not in violation of Section 9-3-3 above.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
The following persons and entities shall be deemed responsible for any and all violations of this Article (the “Person(s) Responsible”):
- Any and all persons or entities causing or creating the violative noise shall be deemed responsible for the same;
- Any and all persons or entities allowing the violative noise to emanate from property the person or entity owns, occupies, manages, or controls shall be deemed responsible for the violative noise;
- Any person in attendance who engaged in any conduct causing, facilitating, or perpetuating the violative noise shall be deemed responsible for the violative noise; and
- If the person or entity causing or creating the violative noise does so upon property owned, occupied, managed, or controlled by another, the persons or entities owning, occupying, managing, or controlling the property shall also be deemed responsible for the violative noise after prior three (3) instances of the same or similar violative noise emanating from the property.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- Any Person(s) responsible for three (3) or more of the same or similar type of violation of this Article or Section 9-3-3 above within a three-month period shall be deemed a “Repeat Violator” for the ensuing twelve-month period following the date of the most-recent violation. Any additional violations of this Section by a Repeat Violator during that period shall be a class 1 misdemeanor, and the Repeat Violator shall also be subject to a civil penalty of at least $3,000 for each such violation.
- A Repeat Violator, holding a license issued pursuant to Chapter 8 of the Town Code shall be subject to immediate revocation of the license. In lieu of revocation, the Lead Customer Service Representative or designee may in their discretion impose a lesser sanction, including but not limited to modifying the license, temporarily suspending the license for a reasonable time, or holding revocation in abeyance for the remaining term of the license conditioned on no additional violations of this Section, or such other conditions as the Lead Customer Service Representative or designee deems reasonable and appropriate.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- No citation or enforcement complaint shall be issued unless there are at least two complaining witnesses from separate households or locations.
- Verified written complaints of at least two complaining witnesses shall be prima facie evidence of a violation.
- An Authorized Enforcement Agent may be one of the complaining witnesses if they actually witness a violation, or they can verify a violation from the evidence provided by the complaining witness.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
In addition to any and all penalties and remedies available, repeated violations of the provisions of this Article and/or Section 9-3-3 above are declared to be a nuisance under Chapter 10 of the Town Code that are a threat to public health, safety, and/or welfare.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
9-7-1 Definitions9-7-2 Restricted Parking Areas For The Physically Disabled9-7-3 Parking A Conveyance On Public Sidewalks And Multi-Use Trails9-7-4 Parking A Conveyance On Landscaping Or Curbs9-7-5 Stopping, Standing, Or Parking Prohibited9-7-6 Parking Of Oversized Conveyances, Vehicles, Trucks, Trailers, And Equipment9-7-7 Parking For Certain Purposes Prohibited9-7-8 Parking On Private Property9-7-9 Parking Near Curbs9-7-10 Parking On Town Property And Public Righ-Of-Way9-7-11 Parking In Electric Vehicle Charging Spaces9-7-12 Overnight Parking9-7-13 Obstruction Of Public Property9-7-14 Prohibition In Parking Areas9-7-15 Towing9-7-16 Reserved9-7-17 Reserved9-7-18 Reserved9-7-19 Reserved9-7-20 Reserved9-7-21 ViolationsHISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 on 11/1/2023
Amended by Ord. 890-26 on 5/20/2026
Definitions provided in Chapters 11 and 14 of this Code shall apply to this Article.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 on 11/1/2023
- It is unlawful for a person to park a conveyance in a parking space on either public or private property set aside and identified for use only by persons with physical disabilities, unless the conveyance is a motor vehicle and displays a valid permanent disability or temporary disability removable windshield placard; or the international symbol of access special plates that are currently registered to the motor vehicle as prescribed in A.R.S. § 28-884.
- A person shall not stop, stand, or park a conveyance, including a motor vehicle displaying an international symbol of access special plate or placard, in the access aisle of a parking space described in section A.R.S. § 28-882. For the purposes of this subsection, "access aisle" means a designated area adjacent to a parking space described in A.R.S. § 28-882 that is marked by either spaced, crosshatched or diagonal stripes or a distinctive change in color or material and that leads to an accessible route of travel.
- Subsection A of this section shall apply only to those parking spaces that are identified with standard signs or other markers, as approved by the Town.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 on 11/1/2023
- It is unlawful for any person to park any conveyance, whether in usable condition or not, upon any public sidewalk or multi-use trails, in the Town, or outside specific zones designated by the Town pursuant to Section 9-7-3(B).
- The Town may designate specific zones or areas where mobility devices or shared mobility devices may be parked on a sidewalk or multi-use trail.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 on 11/1/2023
- It is unlawful for any person to park any conveyance, whether in usable condition or not, upon any:
- Public landscaped area; or
- Over curbs on a public street or public property in the Town.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 on 11/1/2023
- No person shall stop, stand, or park a conveyance, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of an Authorized Enforcement Agent or traffic control device, either on public or private property, in any of the following places:
- Within fifteen feet of a fire hydrant.
- In any area designated as a fire lane.
- In any area designated as prohibiting stopping, standing, or parking.
- In a marked school crossing zone designated by appropriate device, marks, or lines upon the surface of the roadway as provided under Section 11-3-7 of the Town Code.
- In front of or within a public or private driveway or the entrance to an alley.
- In any portion of a sidewalk, curb ramp, street, trail, or building entrance or exit that provides access to disabled persons pursuant to the Americans with Disabilities Act.
- In a pedestrian crosswalk.
- In a designated turn or bicycle lane.
- On those roadways without curbs in a manner so as to force a pedestrian to walk in the traveled portion of the roadway.
- In the traveled portion of a roadway, including an intersection and pedestrian crossing.
- In a roadway median.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 on 11/1/2023
- No person shall stand or park any of the following on any street, alley, or other public rights-of-way for a period of time longer than two (2) hours, except such conveyances may be parked for a longer period of time only when such parking is necessarily required while actually loading, unloading, delivering, or making a service call at a residence:
- Conveyances with a gross vehicle weight rating (GVWR) in excess of 16,000 pounds.
- Any backhoes, loaders, skidders, excavators, tractors, harvesting equipment, and other large implements of husbandry.
- Any trailer or semi-trailer designed or intended to be drawn behind a motor vehicle and used or designed for a business purpose.
- No person shall park a recreational vehicle, bus, boat, utility trailer, animal trailer, camping trailer, ATV/UTV/motorcycle hauler, or other type of trailer on a residential street, except a person may park such conveyance for the purpose of loading and unloading and not for more than forty-eight (48) hours.
- Under no circumstances shall a person be allowed to inhabit any of the prescribed conveyances while parked on the street.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 on 11/1/2023
- No person shall park a conveyance upon any portion of the Town’s right-of-way for the purpose of:
- Displaying such conveyance for sale.
- Washing, greasing, or repairing such conveyance except repairs necessitated by any emergency.
- Displaying advertising.
- Displaying commercial exhibits.
- Sale of any services or merchandise.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 on 11/1/2023
- It is unlawful for any person to park a conveyance, fully or partially, in any private driveway, on private property, or in private parking areas without the express or implied consent of the owner or person in lawful possession of such premises.
- No person shall park or leave any conveyances, camper, boat, recreational vehicle, or other form of transportation upon the private property of another without displaying in public view the written permission of the property owner or the person entitled to immediate possession thereof or the authorized agent of either.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 (Formerly 9-7-1) on 11/1/2023
- Except as otherwise posted, a person who stops or parks a conveyance on a roadway where there are adjacent curbs shall stop or park the conveyance with its right-hand wheels parallel to and within eighteen inches of the right-hand curb.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 on 11/1/2023
- No person shall park any conveyance which is inoperable on any street, Town property, or public right-of-way.
- No person shall park any vehicle, truck, tractor, trailer, semi-trailer, or other conveyance so as to block a lane of travel on a public right-of-way or otherwise interfere with the safe and efficient movement of traffic.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
- No person shall stand or park a conveyance in an electric vehicle charging space at any time except for the use of charging a vehicle.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
- The Town may prohibit overnight parking on Town property.
- No person shall park a conveyance overnight at any place where the Town has posted signs prohibiting overnight parking.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
- Except for emergency reasons or where otherwise allowed by the Town or State law, it is unlawful for any person or entity, directly or indirectly by itself or through another, to place or maintain upon Town or other public property anything that obstructs or interferes with the free use of or passage upon such property, or which otherwise interferes with any lawfully conducted business in or upon, facing or fronting onto any such public property.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
- No person shall use Town-owned parking areas for any activity that is specifically prohibited by appropriate posting or is unsafe as to infringe upon the safety of themselves or others.
- Town-owned parking areas may only be used for the parking of motor vehicles or for other uses expressly approved in advance by the Town.
- It shall be unlawful for any person to use Town-owned parking areas for unauthorized purposes.
- Violation of this Section authorizes the Town or owner, operator, or agent thereof to order the person to leave the property.
- Violation of Subsections A, B, or C is a civil violation.
- Refusal to leave the property subsequent to an oral or written under Section 9-7-14(D) is a class 3 misdemeanor and subjects the conveyance to be towed at the owner's expense.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
- It is unlawful for a person to tow a conveyance without the consent of the owner or the owner's agent without notifying the Police Department as required under Section 10-5-6 of the Town Code. Violation of this subsection is a class 1 misdemeanor.
- The Town may remove any conveyance that is:
- Parked upon a sidewalk, street, or other right-of-way where such conveyance constitutes an obstruction to traffic.
- Parked upon a sidewalk, street, or other right-of-way where such conveyance constitutes a hazard.
- Parked upon a sidewalk, street, or other right-of-way where such conveyance is parked in front of a public or private driveway.
- Abandoned as outlined in Article 10-5.
- Parked, stopped, or standing in violation of any provision contained in Article 9-7.
- Subject to the provisions of Article 11-14-1.
- The Town may remove any conveyance parked in an area where signs are erected giving notice that conveyances parked in violation of the parking restrictions may be towed at the owner's expense.
- The Town may immediately cause the removal or relocation of any obstruction if the obstruction will impede emergency services, obstruct vehicle traffic, or create a safety hazard to the public on a public right-of-way, sidewalk, multi-use trail, or other Town-owned property.
- In addition, the Town may cause the impoundment and storage of any property used in the commission of a violation of this Article as outlined in this Section 9-7-15 at the sole cost of the responsible party.
HISTORY
Adopted by Ord. 823-23 (Formerly 9-7-8) on 11/1/2023
Amended by Ord. 890-26 on 5/20/2026
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
- Except as otherwise specified, violation of any provision of this Article is a Civil Offense.
- With respect to a violation that is continuing in nature, each day that the violation occurs is a separate offense.
- Violation of this Article may also result in the conveyance involved in the violation to be seized, impounded, and/or towed at the owner's expense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 (Formerly 9-7-10) on 11/1/2023
9-8-1 Definitions9-8-2 Sanitation9-8-3 Recreational Activities9-8-4 Intoxicating Liquor9-8-5 Town Property9-8-6 Town Property; Hours Of Operations; Closures9-8-7 Penalty; Ejection; Suspension; SeizureHISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 847-24 on 10/2/2024
In this Article, the terms, phrases, words and their derivations shall have the meanings respectively ascribed to them in Chapters 11, Traffic, and 15, Parks and Recreation, of the Town Code unless the context clearly indicates a different meaning.
- "Camp" or "Camping," as used in this Article, means to use any real property or space as a temporary place of dwelling, lodging, residence, or living accommodation. Indications of camping may include but are not limited to:
- Sleeping, preparing to sleep, or storing personal belongings.
- Engaging in activities such as laying down bedding, using sleeping bags, or setting up any form of shelter.
- Making a place habitable by carrying out activities such as making a fire, cooking, or using tents, tarps, vehicles, or other structures for shelter.
- Establishing an area with a sense of permanence or semi-permanence, such as setting up a camp with multiple items indicating a stay longer than temporary resting.
- Such activities constitute camping when it is apparent, to a reasonable person, that a person is using the area as a living accommodation, no matter how temporary. This applies regardless of the intent of the participants or the nature of any other activities they may also be engaging in.
- "Town Property," as used in this Article, means that portion of any property, facility, structure, street, alley, path, lane, multiuse trail, sidewalk, facility, park, retention basin, wash, active play area, improvement, or other area as defined in Chapter 15, that is owned, leased, operated, maintained, or managed by the Town, or is otherwise open to the Town for providing town services.
- "Park" means a playground, recreation center, public open space, or any other area in the Town owned or used by the Town and devoted to active or passive recreation, including all internal roadways, internal and adjacent parking lots, and internal and adjacent sidewalks or pathways which are established or maintained by the Town, including retention basin areas and washes within the boundary of the park, but excluding all drainage retention basins not identified by the Town as parks through on-site signage.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 847-24 on 10/2/2024
Amended by Ord. 890-26 on 5/20/2026
It is unlawful for any person or organization in a Town Property to:
- Pollution of Waters. Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any Town Property or any stream, storm, sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
- Refuse and Trash. Bring in or shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any Town Property or left anywhere on the grounds thereof but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided all such rubbish or waste shall be carried away from the Town Property by the person responsible for its presence and properly disposed of elsewhere.
- Sanitary Facilities. Urinate or defecate outside any sanitary facility provided in the Town Property.
Violation of this Section is a class 1 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person or organization in a Town Property to:
- Bathing and Swimming. Swim, bathe, or wade in any fountain, pond, lake, stream, or waterways in or on Town Property except in such areas or facilities designated and authorized by the Town.
- Boating. Bring into or operate any boat, raft, or other watercraft, whether motor powered or not, upon any waters, except at places designated for boating by the Town Such activity shall be in accordance with applicable regulations as are now or may hereafter be adopted.
- Golfing. Use any portion of a Town Property for golfing purposes or make use of any golf club or golf ball in any Town Property, except in places designated for golfing by the Town.
- Motor Vehicles. Bring into or operate any internal combustion or electrified motor bicycles, stand-up scooters or vehicles of any type, including but not limited to, any automobile, motorcycle or motorbike except for the purpose of ingress and egress to Town Properties on roadways designated for such use. Any person operating a motor vehicle or bicycle in Town Properties shall obey all traffic control signs or devices posted or placed in the Town Properties.
- Horseback Riding. Ride horseback in any Town Property where such use is posted as prohibited. Where permitted, horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to graze or go unattended. Horses shall be hitched to hitching posts only.
- Animals. Have animals in areas of any Town Property where specifically posted as prohibited. All animals shall be restrained at all times. No dog shall be permitted at large and must be leashed. Leash shall not be greater than six feet (6’) in length and directly under the owner’s control, except within the fenced area of a designated dog Park. No owner or custodian of any animal shall cause or allow such animal to defecate on any portion of a Town Property, unless such owner or custodian immediately removes and disposes of all feces deposited by such animal by the following methods:
- Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and
- Removal of such bag or container to the proper receptacle and disposition thereafter in a manner as otherwise may be permitted by law.
- Fishing. Fish in any body of water within a Town Property without a valid State Fishing License or Community Fishing License issued by the Arizona Game and Fish Department. No person may exceed the legal bag limit as determined by the Fishing Regulations of the Arizona Game and Fish Department. The taking of any fish for any purpose from any body of water within a Town Property by any means other than a pole or line is prohibited. Fishing is permitted only in bodies of water approved for fishing by the Town and in accordance with rules promulgated by the Town.
- Model Toys and Unmanned Aircraft Systems. Bring into or use any remote controlled or self-propelled model, including but not limited to model airplanes, model rockets, model boats, model cars or other models.
- Drones. Recreational or Hobbyist Use. Use any remote controlled or self-propelled drones in such a manner to interfere with an Active Play Area or Reserved Use area or otherwise violate any federal, State, County, or Town laws or regulations. For purposes of this Subsection, the term “interfere” includes but is not limited to operating any of these devices within 50 feet (50’) from the Reserved Use Area Boundary or an Active Play Area.
- Drones. Commercial Use. Use any remote controlled or self-propelled drone for commercial purposes in any portion of a Town Property, unless the commercial use falls under an existing special event or rental permit issued by the Town, and the user has written permission from the permit holder. The user shall be required to produce the written permit to any Authorized Enforcement Agent.
Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 847-24 on 10/2/2024
- It is unlawful for any person in a Town Property to consume or have in their possession or custody, any open container of intoxicating liquor except under the conditions set forth in Paragraph (B) below.
- Paragraph (A) shall not apply to those premises within a Town Property where the sale of intoxicating liquor is being governed by a special event license or other intoxicating liquor license or permit issued by the State Liquor Department. During those events or activities on Town Properties that are governed by a State liquor license or permit, the sale and consumption of liquor on those premises at those times shall be subject to all terms and conditions of State Statutes, the State liquor license or permit, and all applicable contracts involving the sale of liquor on those premises; at all other times, consumption of intoxicating liquor on Town Properties is prohibited unless authorized under a permit issued by the Town. Paragraph (A) shall also not apply to persons who possess or consume beer in accordance with all terms and conditions of a permit issued by the Town.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- Except as specifically authorized by the Town, Town Code, or Statute, it is unlawful for any person or organization in a Town Property to:
- Have in their possession or custody a glass container of any kind or description.
- Remove from or release into any Town property any animals, fish, birds, reptiles or other wildlife except as authorized by subsection 9-8-3(G) or with prior authorization from the Town.
- Feed or touch any animals, fish, birds, reptiles, or other wildlife (including eggs or nests) except as authorized by subsection 9-8-3(G) or with prior authorization from the Town.
- Start or sustain a fire, except in fire pits, grills, or other areas, as designated and approved for such use by the Town. This does not include any act of arson as defined in A.R.S. Title 13, Chapter 17.
- Expose or offer for sale or hire any service or article, including food, beverages and confectionary articles; announce, advertise or call the public attention to any service or article for sale or hire; or paste, glue, track or otherwise post any sign, placard or advertisement.
- Undertake mechanical repair or maintenance of any vehicle, including but not limited to, automobile oil changes or engine tune-ups, except in the case of any emergency where the vehicle is not operable.
- Park any conveyance in any area not specifically designated for parking or in violation of Article 9-7 of the Town Code.
- Violate the Town of Queen Creek Public Park Regulations adopted pursuant to Article 15-2 of the Town Code.
- Violation of this subsection is a civil offense.
- Except as specifically authorized by the Town, Town Code, or Statute, it is unlawful for any person or organization in a Town property to:
- Deface, disfigure, injure, tamper with, displace, or remove any turf grass, landscape material, playground equipment, picnic table, bench, fire pit, grill, paving, water fountain, public utility line or part or appurtenance thereof, sign, monument, marker, fencing, restroom fixtures, or any other equipment, facility, property, structure, or improvement of any kind whatsoever in Town properties.
- Violation of the subsection is a class 1 misdemeanor.
- Disfiguration or removal of Town property resources. Disfigure, displace, remove, or excavate, as applicable, any soil, rock, stone, sand, street, shrubs, cactus, plant material, or other natural resource of any description.
- Violation of the subsection is a class 1 misdemeanor.
- Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw object at any animals, fish, birds, reptiles, or other wildlife (including eggs or nests) except as authorized by subsection 9-8-3(G) or with prior authorization from the Town.
- Violation of the subsection is a class 1 misdemeanor.
- Camp on Town property except where specifically authorized by the Town.
- Nothing in this subsection shall be interpreted to prohibit camping or overnight parking sponsored or approved by the Town.
- This subsection does not apply to temporary structures setup up by a governmental agency or relief workers during a disaster or emergency.
- A violation of this subsection is a class 3 misdemeanor.
- The Police Department is authorized and empowered to remove any such campsite, including camping paraphernalia, personal property, litter, debris, garbage, trash, or other associated materials and dispose of the items in accordance with Article 4-4.
- If persons are occupying the campsite at the time, then before removing the campsite, the Police Department shall warn the person or persons occupying the campsite that they are in violation of this Chapter and shall give them a reasonable opportunity to remove the campsite including any camping paraphernalia, personal property, litter, debris, garbage, trash, or other associated materials.
- If any property or materials used for camping are left unattended, unclaimed, or abandoned on Town property, the Town may remove and dispose of the items in accordance with Article 4-4.
- The court may impose restitution for any economic losses or expenses incurred to remove all litter, debris, garbage, trash, and any other material from the campsite.
- Except as specifically authorized by the Town, Town Code, or Statute, it is unlawful for any person or organization to operate any conveyance in a Town park, including but not limited to:
- Other power-driven mobility devices
- A moped, motor-driven cycle, or motorcycle
- A motor vehicle
- A motorized quadricycle
- Violation of subsection 9-8-5(C) may result in the device or conveyance involved in the violation to be removed, seized, and impounded at the owner's expense.
- Violation.
- Any violation of this Section (9-8-5) authorizes the Town or authorized enforcement agent to order the person to leave the property. Refusal to leave the property or a return to the property in which the violation occurred the same day subsequent to an oral or written order under this Section (9-8-5) is a class 3 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 847-24 on 10/2/2024
Amended by Ord. 890-26 on 5/20/2026
- It is unlawful for any person or organization to:
- Hours. Enter or remain in a Town Property during any hours, in which the town property is closed to the public unless a permit is obtained from the Town. Unless otherwise posted, all town property will be open between 5:30 A.M. and 10:00 P.M.
- Closed Areas. Enter or remain in any closed or prohibited area of a Town Property, or to utilize any portion of a Town Property if such utilization is prohibited. Any segment or part of any Town Property may be declared closed or prohibited to the public by the Town or an Authorized Enforcement Agent at any time and for any interval of time, either entirely or to specific uses, as the reasonably necessary.
- Violation of this Section (9-8-6) is a class 3 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 847-24 on 10/2/2024
- Penalty. Unless otherwise specified, a violation of this Article is a Civil Offense.
- Order to Leave.
- Authorized Enforcement Agents may order a person who violates any provision of this Article, Park Rules and Regulations, the Town Code, or State Statute to immediately leave the town property in which the violation occurred.
- No person may remain in or on a town property or return to such property on the same day after such person has been ordered to leave the property.
- Violation of this subsection (9-8-7(B)) is a class 3 misdemeanor.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 847-24 on 10/2/2024
9-9-1 Offensive Premises9-9-2 Obstruction Of View9-9-3 Water Flow Upon Streets Prohibited9-9-4 Damage To Property; Malicious Mischief9-9-5 Graffiti9-9-6 Sidewalks9-9-7 StreetsHISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to suffer, or permit any premises belonging to or occupied by them, or any cellar, privy, vault, pool, sewer or private drain therein to become nauseous, foul or offensive to the senses or prejudicial to the public health or comfort. Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevent person driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- It is unlawful for any person to willfully or negligently permit or cause the escape or flow of water in such quantity as to cause flooding, or to impede vehicular or pedestrian traffic, to create a hazardous condition to such traffic, or to cause damage to the public streets of the Town.
- It is unlawful for any person to willfully or negligently permit or cause the escape or flow of irrigation water in such quantity as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition to such traffic, or to cause damage to the public streets of the Town through the failure or neglect to properly operate or maintain any irrigation structure, delivery ditch or waste ditch in which said person has a vested right or interest or through the willful or negligent failure of said person to accept irrigation water after it has been ordered by them.
- Violation of this Section is a Civil Offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to:
- Damage in any manner or tamper with any pipeline, water hydrant, streetlamp or streetlight, or the fixtures and appliances used in connection with pipelines, water hydrants, streetlamps or streetlights of the Town, or any other property of any and every character belonging to the Town;
- Willfully injure, disfigure, or destroy any monument, work of art, or useful or ornamental improvement or any shade trees or ornamental plant growing therein, whether situated upon private ground, or on any street, sidewalk, or public park or place where such person is not the owner thereof;
- Maliciously cut, tear, deface, break, or injure any book, map, chart, picture, engraving statue, coin model, apparatus or other work of literature or art, or mechanics, or objects of curiosity, deposited in any public library, gallery, museum, collection, fair or exhibition;
- Deface, walk, ride or drive upon or over the sidewalk or street crossing composed of or containing cement, during the construction thereof, or before the same is open to public use.
- Damage in any manner any road, street or bridge in the Town limits by using the same, by heavy vehicles, malicious destruction or by any act that will result in damage to any such road, street or bridge.
- Break or destroy any window, door or part of any dwelling owned or occupied by another or to break or sever from any premises owned or occupied by another any gate, fence, railing, tree, brush or vine or any property whatsoever, or to deface, mutilate or injure the same;
- Without proper authorization, to knowingly remove, destroy, alter, deface, or cover any political sign in the Town. "Political sign" under this subsection means any sign erected for the purpose of influencing an election, whether the election of a candidate or other election. This subsection does not preclude a candidate or the authorized agent of a candidate in support of whose election the sign was placed, a person or authorized agent of a person who places a political sign for a non-candidate election, or the owner or authorized agent of the owner of private property on which the signs are placed with or without permission of the owner, from removing a political sign. This subsection does not apply to signs placed in violation of State Statute, or county, Town or Town ordinance or regulation; and/or
- Damage, deface, remove or cause harm in any manner to any public monument, memorial or historical marker erected in the Town.
Violation of this subsection is a Class 1 Misdemeanor. In addition, any victim of the violation (including the Town) shall be entitled to restitution for any damages and/or expenses incurred as a result of the violation and in addition the Town shall be entitled to all costs incurred to abate the violation.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
- The term “graffiti” includes any inscription, word, figure or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent that the same was not authorized in advance by the owner thereof or, despite advanced authorization, is otherwise deemed by the council to be filth and debris and vandalism.
- The term “graffiti instruments” includes any tool, instrument, article, substance, solution or other compound designed or commonly used to make graffiti under circumstances evidencing intent to place graffiti upon such property.
- It is unlawful for any person to make graffiti of any type on any building, public or private, or any other property real or personal, owned by any person, corporation, association, partnership or any public agency or instrumentality without the expressed written permission of the owner, manager, tenant or other person responsible for said property.
- It is unlawful for any person to possess graffiti instruments in such a manner as to give rise to an inference of intent to make graffiti; and, no person shall possess a spray paint can in any public place including any building, park, facility or alley or on any private property where that person has no right to be unless possession is authorized or required as a part of a legitimate business or activity.
- A violation of this Section is a Class 1 Misdemeanor.
- In addition, any victim of the violation (including the Town) shall be entitled to restitution for any damages and/or expenses incurred as a result of the violation and in addition to the Town shall be entitled to all costs incurred to abate the violation.
- Sidewalk Maintenance. It is unlawful for any owner or occupant of land or places of business within the Town to fail to keep the sidewalk or public places fronting or bordering their property, including the area between the sidewalk and the curb, free of weeds or unsightly or improperly maintained grass.
- Obstructions in Sidewalk. It is unlawful for any owner or occupant of land or places of business within the Town to allow or permit obstructions of any kind (i.e. garbage, debris, decomposed granite or landscape materials, trees, shrubs or plant growth, etc.) to impede, obstruct or interfere with the passage of any public sidewalk; provided however, this Section shall not prohibit the temporary storage of such matters in authorized receptacles for collection, or the passage of sidewalk cleaning and repair equipment and/or personnel, within the Town.
- Penalties. In addition to any other penalties prescribed by law, violation of any provision of this Section after 30 days written notice is a Civil Offense. Each day shall be considered a separate offense.
HISTORY
Amended by Ord. 846-24 on 9/4/2024
- Obstructions in Streets. It is unlawful for any owner or occupant of land to allow obstructions of any kind (i.e. garbage, debris, decomposed granite or landscape materials, trees, shrubs or plant growth, etc.) to impede, obstruct or interfere with the passage of any street or alley including without limitation, the passage of street sweeping and other street cleaning and repair equipment and/or personnel, within the Town or to diminish the visibility of any traffic control device or signal.
- Open Junk Storage Prohibited. It is unlawful for any person to deposit, store or maintain any garbage or junk that is visible from beyond the lot boundaries, except as authorized for collection.
- Draining onto Street Prohibited. It is unlawful for any person to deposit in, sweep upon or permit to drain into any public right-of-way or public place of the Town any garbage, junk, obstruction or similar matter or any hazardous material which is offensive to sight or smell or impedes passage or is detrimental to public health.
- Penalties. In addition to any other penalties prescribed by law, violation of any provision of this Section after 30 days written notice is a Civil Offense. Each day shall be considered a separate offense.
9-10-1 Definitions9-10-2 Pedestrians In Roadway Or Median9-10-3 Traffic Control Devices9-10-4 Turn Restrictions9-10-5 Drivers To Obey Signs9-10-6 Processions9-10-7 Driving On Private Property9-10-8 Flaggers9-10-9 Temporary Traffic Control9-10-10 Speed Limit9-10-11 Reserved9-10-12 Reserved9-10-13 Reserved9-10-14 Reserved9-10-15 Reserved9-10-16 Reserved9-10-17 Reserved9-10-18 Reserved9-10-19 Reserved9-10-20 Responsibility Of Parents, Guardians, And Custodians9-10-21 PenaltyHISTORY
Adopted by Ord. 764-21 on 9/15/2021
Definitions provided in Chapters 11 and 14 of this Code shall apply to this Article.
HISTORY
Amended by Ord. 823-23 on 11/1/2023
- It is unlawful for any pedestrian to stop or remain in the portion of any roadway designed for vehicular use or in a painted or raised traffic island or median not specifically designated for use by pedestrians except to wait to cross the roadway at the next pedestrian signal or, in the absence of a pedestrian signal, when traffic has cleared or yielded.
- The provisions of this Section shall not apply to persons occupying a median or roadway while conducting activities related to maintenance, surveying, construction, landscape maintenance, landscape improvements, or other similar activity necessary for the safe and efficient operation of Town streets; provided that all such operations must be conducted only upon approval of the Public Works Director or designee, and upon such conditions as the Public Works Director shall require, such as adjacent lane closures, use of appropriate safety vests or gear, and/or other safety precautions designed to ensure the safety of motorists and those temporarily occupying the median for these purposes.
- The provisions of Section shall not apply to emergency personnel occupying a median or roadway in response to an accident, safety hazard, or other emergency situation. Emergency personnel temporarily occupying a median or roadway for these purposes should take adequate precautions to help ensure proper notification of the emergency situation if feasible and to provide such safety measures as are appropriate and reasonably available in light of the emergency situation presented.
- Nothing in this section shall prohibit the lawful exercise of established rights under the United States or Arizona Constitutions.
- It is unlawful for any person to install or maintain in any area of private property used by the public, or intended for traffic using a public street, any sign, signal, marking, or other device intended to regulate, warn, or guide traffic, or which gives the appearance to a reasonable observer of being intended to regulate, warn, or guide traffic.
- It is unlawful for any driver or operator to fail to obey the instructions of official traffic-control signals or devices unless otherwise directed by a police officer.
- Violation of this section is a civil traffic offense.
HISTORY
Amended by Ord. 890-26 on 5/20/2026
It is unlawful for any driver of any vehicle to turn such vehicle so as to proceed in the opposite direction upon any street or so turn a vehicle unless such movement can be made in safety and without interfering with other traffic. Violation of this Section is a Civil Traffic Offense.
It is unlawful for any driver or operator, whenever traffic signs are erected as provided in Chapter 11 of the Town Code, to:
- Fail to obey such signs unless directed to proceed by an Authorized Enforcement Agent or a lawful traffic control device; and/or
- Drive upon or through any unpaved right-of-way, private property, vacant lot or similar property to avoid obedience to any regulation included in Chapter 11 of the Town Code.
Violation of this section is a civil traffic offense.
HISTORY
Amended by Ord. 890-26 on 5/20/2026
- It is unlawful for any driver of a vehicle to drive between the vehicles comprising of an authorized procession while they are in motion and when such vehicles are conspicuously designated.
- This provision shall not apply at intersections where traffic is controlled by traffic signals or an Authorized Enforcement Agent.
- Each driver in a 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.
- Violation of this Section is a Civil Traffic Offense.
- It is unlawful for any person to operate, drive, or leave any conveyance or other form of transportation upon the private property of another or upon public property which is not held open to the public for conveyance use, without expressed written permission from the owner of the property or the person who is entitled to immediate possession thereof, or the authorized agent of either.
- Any person stopped by an Authorized Enforcement Agent for investigation of a violation of this Section, the person shall show proof that the permission required has been obtained and from whom permission was obtained.
- Violation of this Section is a Class 3 Misdemeanor.
HISTORY
Amended by Ord. 823-23 on 11/1/2023
It is unlawful for any person other than an Authorized Enforcement Agent to control traffic or attempt to control at an intersection at any time. Violation of this Section is a Civil Traffic Offense.
- It is unlawful for any person or their agent to cause, permits, facilitate, aid or abet any violation of Article 11-3, Temporary Traffic Control, of the Town Code.
- Contracting with another person, firm or agency (subcontractor) for temporary traffic control services does not relieve the person, firm or agency conducting the work from the obligation to comply with the provisions of Article 11-3 of the Town Code or this Article.
- Violation of this Section is a Civil Traffic Offense.
- No person shall operate a bicycle, other power-driven mobility device, or electric miniature scooter in a public bicycle lane at a speed greater than the limit established by this Code or at a speed greater than is reasonable and prudent under the existing circumstances.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
Amended by Ord. 890-26 on 5/20/2026
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
- A parent, guardian, or custodian of a child or ward shall not authorize or knowingly permit the child or ward to violate any provisions of this Article.
- Violation of this section by parent, guardian, or custodian of a child or ward is a civil offense. Any violation of this code committed by the child or ward will be addressed as a separate offense.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
Amended by Ord. 890-26 on 5/20/2026
- Except as otherwise provided in the Town Code, or State Statute, a violation of any provision of this Section is a Civil Offense.
- Penalties for certain specific violations are set forth in Article 11-21 of the Town Code.
- It is unlawful for any person or their agent who causes, permits, facilitates, aids or abets any violation of this Article, or who fails to perform any act or duty required pursuant to Chapter 11 of the Town Code.
- The person and their agent may be found to be individually responsible for the violations, the prescribed sanctions, and the abatement of the violations.
HISTORY
Amended by Ord. 823-23 (Formerly 9-10-10) on 11/1/2023
9-11-1 Operation Of Bicycles Or Other Power-Driven Mobility Devices9-11-2 Responsibility Of Parents, Guardians, And Custodians
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Adopted by Ord. 823-23 on 11/1/2023
- Definitions for this Article are provided in Chapter 11.
- It is unlawful to operate a bicycle, electric bicycle, or motorized gas-powered bicycle within any area where prohibited by signage.
- It is unlawful to operate a class 1 and 2 electric bicycle or a motorized gas-powered bicycle in the following locations:
- Within any area where signage prohibits such operation.
- In a Town park (as defined in Article 15-1 and outlined in Article 9-8)
- It is unlawful to operate a class 3 electric bicycle in the following locations:
- Within any area where signage prohibits such operation.
- In a multi-use path.
- On a sidewalk.
- In a Town park (as defined in Article 15-1 and outlined in Article 9-8)
- It is unlawful to operate an electric miniature scooter in the following locations:
- Within any area where signage prohibits such operation.
- In a Town park (as defined in Article 15-1 and outlined in Article 9-8)
- It is unlawful to operate a moped in the following locations:
- Within any area where signage prohibits such operation.
- In a multi-use path.
- On a sidewalk.
- In a bicycle lane.
- In a Town park (as defined in Article 15-1 and outlined in Article 9-8)
- It is unlawful to operate a micromobility device in the following locations:
- Within any area where signage prohibits such operation.
- Within any public street where the speed limit is greater than 25 miles per hour.
- In a Town park (as defined in Article 15-1 and outlined in Article 9-8)
- It is unlawful to operate a motorized skateboard or motorized play vehicle in the following locations:
- Within any area where signage prohibits such operation.
- Within any public street where the speed limit is greater than 25 miles per hour.
- In a Town park (as defined in Article 15-1 and outlined in Article 9-8)
- Rules of Operation
- It is unlawful for any person operating a bicycle or other power-driven mobility device to fail to obey the instructions of official traffic-control signals, signs, and other traffic direction devices applicable to motor vehicles unless otherwise directed by a police officer.
- The operator of a bicycle or other power-driven mobility device shall yield the right-of-way to pedestrians, equine, and other slower conveyances by reducing speed, stopping, or moving safely to the left while passing. A pedestrian or other device/user shall not suddenly traverse into the path of a bicycle or other power-driven mobility device that is so close that it is impractical or impossible for the operator to yield.
- The operator of a bicycle or other power-driven mobility device shall remain at a safe distance behind pedestrians, equine, and conveyances and shall not follow too closely.
- No person shall operate a bicycle or other power-driven mobility device at a speed greater than the posted speed limit, any speed limit established by this Code, including the prima facie speed limit established for public sidewalks, bicycle lanes, parking lots, and multi-use paths, or at a speed greater than is reasonable and prudent under existing circumstances.
- No person shall operate a bicycle or other power-driven mobility device in the town unless it is equipped with a braking system in sufficient working order to control and stop the movement of the device.
- No person operating or riding upon a bicycle or other power-driven mobility device shall attach themselves or the bicycle or other power-driven mobility device to any other motor vehicle or conveyance that is self-propelled.
- No person shall operate a bicycle or other power-driven mobility device while carrying any package, bundle, or other item that prevents the operator from safely steering the device.
- The owner of a bicycle or other power-driven mobility device shall be responsible for all damage to public property caused by the bicycle or other power-driven mobility device.
- It is unlawful to operate a bicycle or other power-driven mobility device that has been structurally altered from the original manufacturer's design.
- No operator of a bicycle or other power-driven mobility device shall allow passengers unless the device was designed by the manufacturer to allow for passengers.
- A bicycle or other power-driven mobility device that is used at nighttime shall have a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and a red reflector on the rear of a type that is visible from all distances from 50 feet to three hundred feet to the rear when the reflector is directly in front of lawful upper beams of headlamps on another motor vehicle or conveyance. A bicycle or other power-driven mobility device may have a lamp that emits a red light visible from a distance of 500 feet to the rear in addition to the red reflector.
- A person shall not operate a bicycle or other power-driven mobility device that is equipped with a siren or whistle, except that such device may be equipped with an anti-theft alarm.
- A person shall not operate a bicycle or other power-driven mobility device while towing or pulling another person, or object. This does not apply to any person who requires a reasonable accommodation and is utilizing a mechanism, trailer, or other device that is specifically designed for the payload that is being towed. However, this mechanism, trailer, or other device cannot impair or prohibit the safe operation of the bicycle or other power-driven mobility device.
- It is unlawful to operate a bicycle or other power-driven mobility device in violation of Article 11-5 of the Town Code.
- Unless parked or stopped, no person shall operate a bicycle or other power-driven mobility device while physically holding or supporting portable wireless communications device unless the portable wireless communications device is specifically designed, configured, or connected to a peripheral device that allows voice-operated and hands-free operation.
- Violation of this section is a civil offense.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
Amended by Ord. 890-26 on 5/20/2026
- A parent, guardian, or custodian of a child or ward shall not authorize or knowingly permit the child or ward to violate any provisions of this Article.
- Violation of this Section by a parent, guardian, or custodian of a child or ward is a civil offense. Any violation of this code committed by the child or ward will be addressed as a separate offense.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
9-18-1 Knowing Misuse Of Police Department Information Systems9-18-2 Penalty; Other RemediesHISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 895-26 on 9/2/2026
- Definitions for the article are provided in Chapter 4.
- It is unlawful to knowingly access, query, retrieve, copy, use, transmit, or disclose protected information from a Police Department Information System for a purpose that the person knows is not an official purpose. A person may commit knowing misuse even if the person had the technical ability or role-based permission to enter the system or retrieve the information.
- A nonofficial purpose includes, without limitation:
- Personal curiosity or personal interest, including a query concerning the user, a family member, friend, associate, public official, celebrity, or other person when the query is unrelated to an assigned duty or other official purpose;
- Personal benefit, compensation, advantage, private business, or benefit to another person;
- Harassment, intimidation, embarrassment, retaliation, discrimination, or another improper personal objective;
- A private or unofficial investigation not authorized by law or by an official with authority to approve it; or
- Providing protected information to a person the user knows is not authorized to receive it.
- It is unlawful to knowingly provide credentials to another person, knowingly enabling another person whom the user knows is not authorized to access a Police Department Information System, or knowingly using another person's credential without authorization.
HISTORY
Amended by Ord. 895-26 on 9/2/2026
- A violation of this article is a class 1 misdemeanor.
HISTORY
Amended by Ord. 895-26 on 9/2/2026
9-19-1 ViolationsHISTORY
Adopted by Ord. 764-21 on 9/15/2021
- Definitions for this Article are provided in Chapter 19.
- Except as otherwise provided, each day that the violation continues shall be a separate violation or offense.
- A violation of any provision of Chapter 19 that is not otherwise designated shall be a civil violation and administered as outlined in Article 9-21-2(C).
- It is unlawful for a person, applicant, or permittee to:
- Conduct or state a special event within the Town without a valid permit.
- Violate or fail to comply with any of the conditions or prohibitions of Chapter 19 or the issued permit.
- Knowingly make a false or misleading statement to Town staff or officials during the application process or on an application form.
- Knowingly make a false or misleading statement to Town staff or officials while a special event is ongoing.
- Violation of this subsection is a civil offense.
No person, applicant, or permittee shall continue to conduct or state a special event without the required permit after being issued a verbal warning, written notice, or civil citation for a violation of Article 9-19-1, Subsection D.1 within the preceding 24 hours. Violation of this subsection is a Class 1 Misdemeanor.
HISTORY
Adopted by Ord. 876-25 on 10/15/2025
9-20-1 Signs And Banners9-20-2 Searchlights9-20-3 Animals9-20-4 Curfew Hours For Minors9-20-5 Theft Of Water; Tampering With Water Utility EquipmentHISTORY
Adopted by Ord. 764-21 on 9/15/2021
It is unlawful for any person to place any banner or sign upon any streetlight pole, traffic signal pole or utility pole within the Town without first obtaining authorization from the Town and the owner of the pole. Violation of this Section is a Civil Offense.
It is unlawful for any person to operate within the Town any incandescent or arc-type searchlight, beacon light or similar lighting device designed to and capable of projecting a beam of light into the sky for a distance in excess of one-half mile unless permission is obtained from the council. The provisions of this section shall not apply to emergency searchlights or beacons operated pursuant to public authority. Violation of this Section is a Civil Offense.
- Rabies/Animal Control Lease Laws. It is unlawful for any person to fail to comply with the requirements of Article 6-2, Rabies/Animal Control Leash Law, of the Town Code or violate any of its provisions.
- Bees and Bee Keeping. It is unlawful for any person to fail to comply with the requirements of Article 6-3, Bees and Bee Keeping, of the Town Code or violates any of its provisions.
- Penalty. A violation of this Section shall be a Civil Offense.
- Definitions. In this section, unless the context otherwise requires:
- "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action.
- "Guardian" means a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by an authorized agency or court; or a person at least 21 years of age and authorized by a parent or guardian to have the care and custody of a minor.
- "Insufficient control" means failure to exercise reasonable care and diligence in the supervision of the juvenile.
- "Minor" means any person less than eighteen years of age.
- "Parent" means a person who is a natural parent, adoptive parent or step-parent of another person.
- Offenses.
- It is unlawful for any minor under the age of sixteen years to be in, about or upon any place in the Town away from the property where the youth resides between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
- It is unlawful for any minor sixteen years of age or older and under the age of eighteen years, to be in, about or upon any place in the Town away from the property where the child resides between the hours of 12:00 a.m. and 5:00 a.m.
- It is unlawful for a parent or guardian of a minor to knowingly permit, or by insufficient control, allow a minor to violate paragraphs 1 or 2 of this subsection.
- It is unlawful for a parent, guardian or other person having the care, custody or supervision of the minor to fail or refuse to take custody of the minor after such demand is made upon them by a law enforcement officer who arrests the minor for violation of paragraphs 1 or 2 of this subsection.
- Defenses/Exceptions.
It is a defense to prosecution under subsection B, including paragraph 3 of subsection B, of this section that the minor was:
- Accompanied by the minor's parent or guardian.
- With prior permission of the parent or guardian, in a motor vehicle involved in interstate travel.
- With prior permission of the parent or guardian, in an employment activity or going to or returning home from an employment activity without any detour or stop by the most direct route.
- Involved in an emergency.
- With prior permission of the parent or guardian, was engaged in reasonable, legitimate and specific business and/or activity. Examples include, but are not limited to, a juvenile, with prior permission of the parent or guardian, attending an official school, religious or other recreational activity supervised by adults who take responsibility for the minor, or going to or returning home from an official school, religious or other recreational activity supervised by adults who take responsibility for the minor.
- With prior permission of the parent or guardian, engaged in a reasonable and legitimate exercise of First Amendment rights protected by the United States Constitution.
- Married and sixteen years of age or over, or in the military.
- On the sidewalk abutting their residence or on the next door neighbor's property with the consent of the neighbor.
- Enforcement.
- Before taking any enforcement action under this Section, a Police Officer shall attempt to ascertain the apparent offender's age and reason for being in the place. The Police Officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based upon the circumstances, the minor's responses and minor's conduct, no defense as provided in subsection C of this section is probably present.
- In addition to any other powers they may have, any Police Officer who arrests a minor for violating any of the provisions of paragraphs 1 or 2 of subsection B of this section is also hereby empowered to demand of the parent, guardian or other person having the care, custody or supervision of the minor that such parent, guardian or other person come and take the minor into custody. The law enforcement officer is also empowered to take the minor to a designated location where arrangements can be made for a parent, guardian or other appropriate party to take the minor into custody.
- Should there be a failure of the parent, guardian or other person to take custody of such minor, the Police Officer may then take the minor home.
- Each violation of the provisions of subsection B of this Section shall constitute a separate offense.
- A violation of any provision of this Section is a Class 1 Misdemeanor. This offense is designated an incorrigible offense for minors under the under the jurisdiction of the juvenile court.
- It is unlawful for any person to:
- Take any water from the Town’s water distribution system, including fire hydrants and effluent irrigation systems (“Water Distribution System”), without having the water properly metered by the Town; and/or
- Tamper with or damage any Water Distribution System equipment or locking devices placed on such equipment.
- Violation of Subsection A above is a Class 1 Misdemeanor.
- In addition to any other penalties, a person violating this Section shall also pay to the Town for the water illegally taken or released and all costs incurred by the Town to repair and/or replace any damages equipment and abate any other damage caused.
9-21-1 Enforcement Officers9-21-2 Civil Offenses And Misdemeanors9-21-3 Restitution9-21-4 Enjoining Violations Deemed A Public Nuisance9-21-5 State Statutory Penalties9-21-6 Remedies Non-Exclusive9-21-7 Procedures9-21-8 Liens, Recording And SatisfactionHISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 847-24 on 10/2/2024
- Except as otherwise specifically provided in Chapter 9, civil citations may be issued by any Authorized Enforcement Agent, Police Officer, the Town Attorney or Town Prosecutor, or other Authorized Enforcement Agent may enforce the provisions of the Town Code and State Statutes.
- In addition Police Officers may issue criminal complaints and/or issue a report to the Town Attorney to issue a complaint to enforce provisions of the Town Code and State Statutes.
- Except where the context requires a different definition, the terms “Civil Offense”, “Civil Traffic Offense”, “Misdemeanor”, “Class 3 Misdemeanor”, “Class 2 Misdemeanor”, and “Class 1 Misdemeanor” shall have the same meaning, and penalties as set forth in Title 13 and Title 28 of the Arizona Revised Statutes.
- Except as otherwise specifically provided in this Chapter, Town Code or in State Statute, any person who fails to comply with requirements of this Chapter, the Town Zoning Ordinance, the Town Building Code, the Town Fire Code, or the Town Code, or violates any of their provisions, is guilty of a Civil Offense subject to the provisions of Section 9-21-2(C) below.
- Except as otherwise specifically provided, Civil Offenses shall be punished by imposition of a civil penalty in the amount of $250.00 for the first offense; $500.00 for a second offense in a 12-month period, and $2,000.00 for a third offense in said 12-month period. A fourth violation after three prior findings of responsibility for a civil offense the violation shall be a Class 3 Misdemeanor. For purposes of calculating the 12-month period, such period shall be calculated by looking backwards from the last offense.
- Except as otherwise provided, each day that the violation continues shall be a separate violation or offense.
- A person who has committed a class 2 or class 3 misdemeanor violation of this Chapter after having previously been convicted for the same violation within a twenty-four (24) month period shall be charged with a class 1 misdemeanor. In applying the twenty-four (24) month provision, the date of the conviction of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed.
HISTORY
Amended by Ord. 847-24 on 10/2/2024
Amended by Ord. 848-24 on 10/16/2024
To the fullest extent allowed by law and in addition to any other remedies available, the Town, and any victims of any violation of any provision of this Chapter or any other provision of the Town Code shall be entitled to recover restitution for the damages and expenses caused by the violation and abatement thereof.
In addition to other enforcement process and penalties provided under the law, any condition caused or permitted to exist in violation of any of the provisions of the Town Code that is a threat to public health, safety, and/or welfare, is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
- Nothing in this Chapter or elsewhere in the Town Code regarding penalties shall be interpreted or applied to prevent imposing other or additional criminal penalties and/or relief as provided by State Statute.
- This Chapter does not supersede or supplant any other city code or state statue and does not preclude enforcement of such.
HISTORY
Amended by Ord. 847-24 on 10/2/2024
- The remedies provided for in this Article are not exclusive and nothing shall preclude the Town from pursuing other authorized legal remedies against violators of this article that may include but are not limited to conditional use permit revocation and enforcement of other applicable federal, State, county, or Town laws, codes, statutes, rules or regulations.
- Enforcement of any provision of this Article shall not be interpreted as limiting the penalties, actions or abatement procedures which may be taken by the Town or other persons under the law, ordinances, or rules.
- Civil matters shall be tried before the civil hearing officer in accordance with the provisions of Chapter 5 of this Code. As authorized by the Town, civil matters may also be tried before a justice of the peace or a county hearing officer.
- All criminal matters shall be tried before any court having jurisdiction over the offense utilizing the procedures established by that court.
- In addition to any other penalty and/or remedy available to the Town for a violation of the Town Zoning Ordinance, the Town Building Code, the Town Fire Code, or the Town Code, or any of their provisions, the Town, as its sole discretion, may record in the appropriate County Recorder's Office the following against the real property which is the subject of the violation:
- A lien for any and all fees or fines assessed or affirmed by the Hearing Officer or a court of jurisdictions,
- A certified copy of the citation, order of abatement, or other order of the Hearing Officer or court.
- Any such recording will run with the land and be binding against the real property and any current or subsequent owner of the property.
- If and when: (I) the property has been determined by the Town to have been brought into compliance; and (II) all fees and or fines have been fully paid, the owner or responsible party may file with the Development Services Director or designee a written request for determination that all associated fines and fees have been fully satisfied and the property has been brought into compliance, if the Town determines that the request is valid and should be granted, at the expense of the requesting party, the Town will record a notice of satisfaction of fees and fines and compliance with the citation, order of abatement, or other order of the Hearing Officer or court, together with a release of any lien.
HISTORY
Adopted by Ord. 866-25 on 6/18/2025
ARTICLE 10-1 PURPOSE, SCOPE AND ENFORCEMENTARTICLE 10-2 NUISANCE PROCEDURES AND REMOVAL OF RUBBISH, TRASH, WEEDS, FILTH, DEBRIS AND DILAPIDATED STRUCTURESARTICLE 10-3 LITTER; NUISANCESARTICLE 10-4 METHODS OF GARBAGE AND TRASH REMOVALARTICLE 10-5 ABANDONED VEHICLESARTICLE 10-6 UNATTENDED CONTAINERSARTICLE 10-7 ON-SITE REST ROOM FACILITIESARTICLE 10-8 AIR QUALITY AND FUGITIVE DUSTARTICLE 10-9 SOLID WASTE SERVICES; BULK WASTE SERVICES; RECYCLING SERVICES; ANIMAL WASTE SERVICES FOR RESIDENTIAL DWELLINGSARTICLE 10-10 STORMWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL ORDINANCEARTICLE 10-11 PENALTIES10-1-1 Purpose10-1-2 Jurisdiction- The purpose of this Chapter 10: Health and Sanitation and the regulations contained herein is to promote the health, safety and welfare of the Town of Queen Creek and its residents, and to protect neighborhoods against physical, visual and economic deterioration. To that end, it is a violation of this chapter to erect, maintain, use, place, deposit, cause, allow, leave or permit to remain on any property any conditions that:
- Contribute to or cause injury or endangerment to the health, safety or welfare of others;
- Are contrary to community standards of decency;
- Are offensive to the senses of any reasonable person or normal sensitiveness;
- Unlawfully interfere with, obstruct or tend to obstruct or render dangerous the free passage or use, in the customary manner, of any stream, public park, parkway, square, sidewalk, trail, path, street or highway in the Town;
- Obstruct the free use of property so as to essentially interfere with the comfortable enjoyment of life and property by the public;
- Damage or contribute to the deterioration of property or improvements in the community; or
- Are nuisances as defined in this chapter, including but not limited to, Article 10-2 Nuisance Procedures and Removal of Rubbish, Trash, Weeds, Filth, Debris and Dilapidated Structures and/or Article 10-3 Litter; Nuisances;
Or that otherwise violate the provisions of this chapter. - Except as otherwise specifically provided, this chapter shall apply to all land within the Town of Queen Creek without regard to the use or occupancy or date of construction, improvement, acquisition or annexation.
HISTORY
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
- Unless otherwise specified, any court of competent jurisdiction (hereinafter “court”) shall have jurisdiction of all proceedings to enforce this Chapter.
- Civil actions to enforce this Chapter may be adjudicated by a judge or a Civil Hearing Officer.
- The court shall have jurisdiction to issue orders permitting the Town to abate conditions that constitute a violation of the provisions of this Chapter. The court may retain jurisdiction over any matter to abate conditions that constitute a violation of this Chapter until the violation is abated in full.
HISTORY
Adopted by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Amended by Ord. 764-21 on 9/15/2021
10-2-1 Reserved10-2-2 Authority To Enforce Nuisance Standards10-2-3 Rules And Regulations10-2-4 Recording A Notice Of Violation10-2-5 Inspections10-2-6 Nuisance Enforcement Procedure10-2-7 Denial, Suspension Or Revocation Of Business License10-2-8 Withholding Of Permits10-2-9 Court-Ordered Nuisance Abatement And Injunction10-2-10 Rubbish, Trash, Weeds, Filth, Debris And Dilapidated Structures On Property10-2-11 Owner To Maintain Premises10-2-12 Abatement Of Public Nuisances10-2-13 Responsible Party Shall Maintain PremisesHISTORY
Repealed by Ord. 117-97 on 2/18/1998
Adopted by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
HISTORY
Repealed by Ord. 117-97 on 2/18/1998
Adopted by Ord. 486-10 on 11/17/2010
- The Town Manager or designee shall enforce the provisions of this article. The Town code enforcement officer, in coordination and cooperation with such other town officials as have been designated by the Town Manager or by code or regulation adopted by the Town, is hereby authorized and directed to enforce all provisions of this article.
- In enforcing this article, the code enforcement officer, or other designated town official, may take one(1) or more of the following actions:
- Informal intervention with the responsible party.
- Where the violation is on public property, such as noncompliant posting of signs in a public right-of-way, take summary action to remove the violation and, may, serve notice of the action or written warning, issue a citation and/or prepare and serve a long-form complaint on the responsible party.
- Issue a notice of violation to the responsible party in accordance with the procedures set forth in this article.
- Issue a criminal or civil citation to the responsible party in accordance with the procedures set forth in this article.
- File a long-form complaint for criminal or civil penalties with the Court in accordance with the procedures set forth in this article.
- In the case of an imminent hazard or a building or structure which is unfit for human habitation, with the concurrence and approval of the Town Manager, or as otherwise specifically provided by law, take emergency remedial action or issue an order to vacate the property in accordance with the procedures set forth in the Queen Creek Town Code and/or applicable Building Codes.
- No person shall, by threat or use of violence or physical force, or by threatening to do or doing any other act that can be reasonably anticipated to cause physical harm to any person including the perpetrator, intentionally obstruct, impede, or interfere with any officer, employee, contractor or authorized representative of the Town who is lawfully and constitutionally engaged in the enforcement or execution of the provisions of this article.
- The code enforcement officer, or other designated town officer, may expand the scope of any inspection to include other Town Code violations noted during inspection.
- All inspections shall be conducted in compliance with the Constitutions of the United States and the State of Arizona.
- The authority of the code enforcement officer to enforce the provisions of this article is independent of and complementary to the authority of other town officials to enforce the provisions of any other statute, code or regulation. The remedies provided for in this article are cumulative and in addition to any other remedies established by law, and this chapter shall not be interpreted as limiting the penalties, actions or abatement procedures which may be taken by the Town or other officials under other laws, ordinances, or rules.
HISTORY
Adopted by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
The Town Manager, or designee, is authorized to make reasonable and necessary administrative rules and regulations to carry out the provisions of this article.
HISTORY
Adopted by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
The town may record a Notice of Violation with the Office of the County Recorder. A recorded Notice of Violation shall run with the land and shall constitute notice, for all purposes of this article, to all persons or entities thereafter acquiring an interest in the property. Failure to record a Notice of Violation shall not affect the validity of the Notice as to persons who receive the Notice. When the property is brought into compliance, if a notice of violation was recorded, a satisfaction of notice of violation shall be recorded.
HISTORY
Adopted by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
- The code enforcement officer or other town official as designated by the Town Manager, or by code or regulation adopted by the town, is hereby authorized to make inspections for violations of this article in the normal course of the job duties or in response to a citizen complaint when there is reason to believe that a violation of this article has been or is being committed and where necessary to certify compliance with an enforcement action.
- In order to investigate possible violations or to determine compliance with this article, private property may only be entered with the consent of the owner or occupant. If consent is denied or cannot be obtained, private property may be entered with an administrative warrant/order issued by a court.
HISTORY
Adopted by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
- Nuisance Enforcement –In General
As more fully described in this article and hereafter, and after appropriate or necessary investigation, documentation and inspection, the code enforcement officer, or other designated town official, may take one (1) or more of the following actions:
- Informal mediation or intervention with the responsible party
- Summary action to remove the violation, accompanied by appropriate notice, warning or enforcement action.
- Issue a notice of violation.
- Issue a criminal or civil citation.
- File a long-form complaint for criminal or civil penalties.
- Take action for abatement or vacation of premises.
- Informal Mediation or Intervention and Summary Action
- Informal mediation or intervention. Whenever in the judgment of the code enforcement officer, or other designated official, action short of formal citation or notice of violation is likely to achieve satisfactory and timely compliance, informal intervention, including written and verbal communication, may be used. The Town Manager and code enforcement officer shall promulgate criteria for informal intervention and procedures for documentation and recordkeeping.
- Summary action. Where obvious and elemental violations occur and entry onto private property is not necessary for enforcement, e.g., in the case of illegal posting of advertising in public rights-of-way, the code enforcement officer, or other designated official, may remove or summarily abate the violation. In such cases, evidence of the violation shall be forwarded to the code enforcement officer, or other appropriate official for identification of the responsible party and additional enforcement.
- Notice of Violation
- Upon reasonable belief that a violation of this article has occurred, the code enforcement officer, or other designated official, shall notify the owner, owner’s agent, or responsible party, through the issuance of a written notice, that a violation of this article has occurred and must be corrected and/or removed from the property.
- The notice of violation shall set forth the following information:
- Identification of property in violation. If the notice includes an abatement action, it shall include a legal description of the property and street address, if known, and if unknown, then by book, map and parcel number;
- Statement of violation in sufficient detail to allow an owner or responsible party to identify and correct the problem along with legal citation(s) of applicable code, statutory or regulatory provision(s);
- The period of time: (I) not less than thirty (30) days from the mailing of the notice, for nuisance abatement notices, (II) not less than fourteen (14) days from the mailing of the notice for all other code enforcement violation notices, the responsible party is given to comply;
- Name, business address and business phone number of the code enforcement officer and/or other town official who issued the notice;
- Proposed reinspection date, if any;
- If the notice includes an abatement action, a cost estimate to correct the violations and legal description of the property;
- A warning statement that if the violations are not corrected within the period stated, the town may abate the nuisance itself or by private contractor, assess the owner or responsible party for the cost of such abatement including an administrative charge of ten (10%) percent, and record a lien on the property for assessment; and
- Notice of the right and procedure for appealing the action.
- Any notice given for any purpose under this chapter shall be provided, in writing, to the owner, the owner’s authorized or statutory agent, any lien holder, and to the occupant or lessee of the property. The notice given for any purpose under this article shall be deemed effective on the date when written notice is personally served in the same manner as provided by the Arizona Rules of Civil Procedure or mailed certified mail return receipt requested. If notice is served by certified mail, the notice shall be mailed to the last known address of the owner, the owner’s authorized agent or the owner’s statutory agent and to the address to which the tax bill for the property was last mailed. The notice shall be given not less than thirty (30) days before the day set for compliance and shall include the legal description of the property and the cost of such removal to the town if the owner, occupant or lessee does not comply. The owner shall be given not less than thirty (30) days to comply. Nothing herein shall preclude the town from giving additional verbal or written notice at its discretion and the Town Manager and code enforcement officer may promulgate criteria for informal intervention and procedures for documentation and recordkeeping.
- Nothing in this section shall require the issuance of a notice of violation prior to commencement of other enforcement proceedings, including civil or criminal proceedings.
- Thirty (30) calendar days after service of the notice as provided herein, the owner or responsible party shall be jointly and severally liable for any and all reasonable charges incurred by reason of the Fire Department being required to respond to the property not abated as required by the notice. When incurred, such charges shall be treated in the same manner and be subject to the same rights of appeal as charges incurred in bringing the property into compliance.
- Nothing in this section shall be construed as to limit the code enforcement officer or other Town official from engaging in the informal mediation, intervention, or summary action set forth in Section 10-2-6(B).
- Nuisance Abatement.
- Civil Hearing Officer Authorized. When a person is served with a notice to abate in accordance with A.R.S. § 9-499 to comply with the provisions of this article concerning matters within the scope of A.R.S. § 9-499 and neglects, fails or refuses to abate a violation for more than thirty (30) days from the effective date of the notice, a Civil Hearing Officer may hold an administrative hearing pursuant to the notice regarding whether an order should be entered authorizing the Town Manager or designee to abate any condition that constitutes a violation. The Civil Hearing Officer, after the hearing (or time for hearing should the person fail to appear) shall enter such rulings and orders which it determines to be appropriate including an order authorizing the town to abate the condition, including the authorization of multiple abatements for a period not to exceed one hundred eighty (180) days from the previous abatement order. Decisions by the hearing officer shall be based upon a preponderance of the evidence. The hearing officer shall issue findings in writing, upholding, modifying or reversing the notice.
- Order of Abatement. A copy of the order of abatement shall be posted upon the subject property. The order shall be sent by certified mail to the owner, lien holder, occupant or lessee at their last known address or most recent address to which a tax bill was mailed. If the owner does not reside on the property, a duplicate order shall also be sent to the owner at the owner’s last known address.
- Notice Appeal. Any person aggrieved by a decision of the Civil Hearing Officer regarding the notice may appeal to the Town of Queen Creek Board of Adjustment. The aggrieved person(s) may appeal by delivering a written statement of appeal to the Town Clerk within ten (10) business days, excluding weekends and legal holidays, after service of the notice and order to abate is complete. The town shall take no action to abate a nuisance while an appeal is pending. The appeal shall be heard and a determination made by the Board of Adjustment at its next regular meeting or within five (5) days, whichever time is greater. The Board may affirm, vacate, or modify the notice and order to abate. The decision of the Board is final and binding. If the notice and order to abate is affirmed and the Board does not modify the time for compliance, the time for compliance as set forth in the original notice shall run from the time service of the notice was first completed. If no timely statement of appeal is made, then the notice and order to abate becomes effective when the time for appeal lapses. The town is authorized to record the notice and order to abate with the appropriate County Recorder’s Office and proceed with abatement. This appeal process does not apply if the removal or abatement is ordered by a court.
- Abatement by the Town and Final Notice. When the time for compliance as set forth in the notice and order to abate, or as set by the Town Board of Adjustment on appeal, has lapsed, the town may abate the nuisance or cause it to be abated. A final notice giving the responsible party five (5) days to abate the nuisance shall be delivered in the same manner as set forth in this section. If the responsible party has not complied within five (5) days, the town may proceed with abatement. After five (5) days have elapsed from the date of issuance of the Order of Abatement, the town, its employees or contractors are authorized to enter upon the property and remove all rubbish, trash, weeds, filth, debris, blight or dilapidated structures or other violations under this chapter from any lot, parcel or tract.
- Order of Assessment.
- Within thirty (30) days after the town, its employees or contractors have removed, enjoined or abated the rubbish, trash, weeds, filth, accumulations, debris, blight or dilapidated structures or other violations under this chapter from any lot, parcel or tract, the town shall issue a written order of assessment on the property. The order shall list the date, common address, legal description of the property, tax parcel number of the property and that the Town of Queen Creek is the authority issuing the assessment. The order shall also list the date and actual cost of assessment, an inspection fee levied by the Town at $300.00, any incidental connected costs, and the total cost of assessment, including the cost of removal, abatement or injunction and associated legal costs for abatement or injunctions. The order shall be signed by the Town Manager or her/his designee and shall be recorded in the office of the County Recorder in which the property is located.
- The order of assessment shall also contain the following notice in bold face print: NOTICE: THIS ORDER OF ASSESSMENT PURSUANT TO A.R.S.§ 9-499 SHALL CONSTITUTE A LIEN UPON THE PROPERTY DESCRIBED IN THIS ORDER IN FAVOR OF THE TOWN OF QUEEN CREEK, ARIZONA. THE TOWN MAY TAKE LEGAL ACTION TO FORECLOSE THE LIEN AND SELL THE PROPERTY DESCRIBED TO RECOVER THE COSTS INDICATED IN THE ORDER OF ASSESSMENT.
- Assessment Appeal. The order of assessment shall indicate that the owner, lessee or occupant shall have ten (10) business days, excluding weekends and legal holidays, from the date of issuance to appeal the amount of the assessment levied by the town by delivering a written statement of appeal to the Town Clerk. The date of mailing the order shall be the date of issuance. All appeals of order of assessments shall be in writing and shall specify the grounds for appeal of the assessment. Only the amount of the assessment may be appealed. The appeal may be filed with the appeal fee provided in the Town Code, and failure to pay the required fee shall result in the appeal not being filed and deemed invalid. This appeal process does not apply if the removal or abatement is ordered by a court.
- The Civil Hearing Officer shall hear the appeal within fifteen (15) days after receipt. Written notice of the hearing shall be provided to the appropriate town departments and to the owner, occupant or lessee. The Civil Hearing Officer, after the hearing (or time for hearing should the person fail to appear) shall enter such rulings and orders, which it determines to be appropriate upholding or modifying the amount of the assessment. The hearing officer’s decision shall determine, based upon a preponderance of the evidence, whether the assessment was made in accordance with the provisions of this ordinance and whether the amount assessed actually covers the costs incurred by the town.
- The owner, lessee or occupant may appeal a decision of the Civil Hearing Officer to the Town of Queen Creek Town Council pursuant to the same process of appeal for a notice and order to abate as set forth in this section above. The decision of the council, if a valid appeal is filed, is final and binding.
- The order of assessment shall provide that any delinquent assessments shall bear interest in the same manner as delinquent utility bills at a rate prescribed by A.R.S. § 44-1201, as amended from time to time.
- A prior assessment under this chapter is not a bar to subsequent assessments under this chapter and any number of liens imposed pursuant to this chapter may be enforced in the same action.
- If no appeal is taken from the amount of the assessment, or if an appeal is taken and the assessment is affirmed, the original assessment or the assessment as so modified shall be recorded in the office of the county recorder and, from the date of its recording, shall be a lien on said lot or tract of land until paid. Such liens shall be prior and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes. A sale of the property to satisfy a lien obtained under the provisions of this chapter shall be made upon judgment of foreclosure or order of sale. The town shall have the right to bring an action to enforce the lien in the Superior Court at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. 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 the recording thereof. A prior assessment for the purposes provided in this chapter shall not be a bar to a subsequent assessment or assessments for such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action.
- Assessments that are imposed as set forth herein run against the property until paid and are due and payable in equal annual installments as follows:
- Assessments of less than five hundred dollars shall be paid within one year after the assessment is recorded.
- Assessments of five hundred dollars or more but less than one thousand dollars shall be paid within two years after the assessment is recorded.
- Assessments of one thousand dollars or more but less than five thousand dollars shall be paid within three years after the assessment is recorded.
- Assessments of five thousand dollars or more but less than ten thousand dollar shall be paid within six years after the assessment is recorded.
- Assessments of ten thousand dollars or more shall be paid within ten years after the assessment is recorded
- Nuisance; abatements; assessments; lien enforcement. The Finance Division shall maintain a list of all delinquent assessments made pursuant to this ordinance.
- All assessments sixty (60) days delinquent shall be forwarded to the Town Manager and Town Attorney for review. If the Town Manager and Town Attorney determine that the value of the assessment(s), surcharges and interest, together with the value of all other liens having priority over the assessment, does not exceed the value of the property, the Town Attorney may commence legal action to foreclose the lien and request the Superior Court to order the property sold and the proceeds used to pay off all liens having priority, the assessment, surcharges and interest.
- If the Town Manager and Town Attorney determine that the value of the assessment, surcharge and interest, together with the value of all other liens having priority over the assessment, exceeds the value of the property, the Town Attorney need not commence legal action to foreclose the lien. The Town Manager may negotiate on the Town’s behalf with parties holding liens on the property. Any agreement waiving part or all of an assessment, surcharge and interest shall be approved by the Town Council.
- Upon payment in full of an assessment, surcharge and interest or upon waiving of an assessment, surcharge and interest in full by the Town Council, the town shall record a notice of satisfaction of assessment in the Office of the County Recorder in which the property is located. The notice shall contain the name of the owner of the property, the tax parcel number of the property, the common street address, and the legal description of the property. The notice shall refer to the date of the order of assessment and the docket and page number in the Office of the County Recorder where such order is recorded.
- Collection of assessments. The Town Manager shall be authorized to collect assessments imposed pursuant to this chapter in the same manner and method as delinquent utility bills and license taxes. No utility service shall be commenced on any property having delinquent assessments, surcharges and interest from an assessment levied pursuant to this chapter until the assessment, surcharges and interest have been paid in full. No business license or sales tax license shall be issued for a business on any property having delinquent assessments, surcharges and interest from an assessment levied pursuant to this chapter until the assessment, surcharges and interest have been paid in full.
- Public services revolving account. The public services revolving account within the town’s general fund is established, consisting of monies collected from payments on assessments levied under this chapter, surcharges on fines, and such other funds as the town council may appropriate. The finance director shall administer the account. All expenditures from the account shall comply with provisions of this code and any administrative regulations and policies governing expenditures of the town. The public services revolving account may be used to advance the costs for the removal of rubbish, trash, weeds, filth, accumulations, debris, blight or dilapidated structures, or other violations of this chapter, from any lot, parcel or tract pursuant to this chapter.
- Nuisance; transfer of property after notice. The transfer of any and all property interest in any manner including but not limited to sale, trade, lease, gift or assignment of any real property against which a notice of violation has been issued shall not relieve the party(s) served unless the legal entity assuming an ownership interest in the property, in writing assumes responsibility for compliance with the notice of violation and a copy of such writing is provided to the town. If a violation of this chapter exists on the property at the time legal ownership has been transferred and the entity assuming an ownership interest in the property is provided with notice of the violation, such entity shall also be liable for violation as a successor owner of the property.
HISTORY
Adopted by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Amended by Ord. 866-25 on 6/18/2025
A business license application shall be denied where it is determined that a nuisance exists on the property for which the application is made and the applicant fails to abate the nuisance within five (5) days after verbal or written notice thereof.
The Town Manager is authorized to suspend or revoke any business license issued pursuant to the Queen Creek Town Code if it is determined that the licensee causes, permits or maintains or allows the creation or maintenance of a nuisance under this chapter upon the licensed property. Suspension or revocation of the business license shall be in addition to any other remedy available to the town.
HISTORY
Adopted by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
From the date a notice and order to abate expires without compliance by the responsible party until the nuisance is abated or the city’s costs of abatement are reimbursed (whichever occurs later), the Town may withhold or suspend any permit or approval of any alteration, repair, or construction of any existing or new structure or sign on the property, as well as any permit or approval pertaining to the use or development of the property; provided, however, that no permit or approval necessary to correct the nuisance conditions shall be withheld.
HISTORY
Adopted by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
- In addition to any other abatement procedure provided in this chapter, the Town Manager or designee, Town Attorney or Town Prosecutor, in the name of the Town of Queen Creek, may apply to the court for an order permitting the Town to abate any condition that constitutes a violation of this chapter. The Town may also seek injunctive relief.
- After notice to the owner and any responsible party, the judge or court hearing officer shall conduct a hearing. The hearing shall be informal, open to the public, and the Rules of Evidence shall not apply. Evidence may be taken from any interested party and considered in determining whether a condition in violation of this chapter exists and what, if any, abatement action should be permitted. Any person who fails to appear after notice of the hearing may be deemed to have waived any right to introduce evidence. The court shall order the requested relief if it finds by a preponderance of the evidence that a violation exists and that abatement is appropriate.
- Upon finding that abatement and/or injunctive relief is appropriate, the court may order demolition, board-up, clean-up or any other action the court deems reasonably necessary to correct or enjoin the violation.
- The reasonable costs of any abatement, including reasonable attorneys’ fees and associated legal costs, permitted by the court’s order shall be the responsibility of the owner and responsible party and may be collected by the Town.
HISTORY
Adopted by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
It is unlawful for any person to throw, deposit, maintain or allow to be maintained, any rubbish, trash, weeds, filth, debris or dilapidated structures on any occupied or unoccupied private or public property within the Town, whether owned by such person or not. Notwithstanding the foregoing, the owner or person in control of private property may maintain authorized private receptacles for rubbish, trash, weeds, filth, and debris in such a manner that rubbish, trash, weeds, filth, and debris will be prevented from being carried or deposited by the elements upon any public place. In addition to any criminal penalty which may be imposed for violation of any provisions of this article, such person shall be liable for all costs which may be assessed pursuant to this article for the removal of said rubbish, trash, weeds, filth, debris and dilapidated structures.
- Any person who violates this section on private property shall be guilty of a civil offense as defined in Article 9-21 unless that person immediately removes the rubbish, trash, filth, or debris from the property.
- Any person who violates this Section on public property shall be guilty of a Class 1 Misdemeanor unless that person immediately removes the rubbish, trash, filth, or debris from the property.
HISTORY
Amended by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Amended by Ord. 764-21 on 9/15/2021
The owner or person in control of any private property shall at all times maintain the premises free of rubbish, trash, weeds, filth, debris and dilapidated structures; provided that this section shall not prohibit the storage of rubbish, trash, weeds, filth and debris in suitable containers.
HISTORY
Amended by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Any public nuisance committed under this article may be abated in any manner provided by law including the method set forth in this Article 10-2.
HISTORY
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Any person who owns, occupies, managers, controls, or has a financial interest in any private property in the Town of Queen Creek shall maintain the premises, including all yards, open spaces, and abutting rights-of-way, free of weeds and unsightly, improperly maintained, or overgrown turf or landscape elements.
HISTORY
Amended by Ord. 846-24 on 9/4/2024
10-3-1 Definitions10-3-2 Public Nuisances Designated10-3-3 Litter In Public Places10-3-4 Depositing Litter In Gutters10-3-5 Litter Thrown From Vehicles10-3-6 Littering From Trucks10-3-7 Littering In Parks10-3-8 Deposit Of Commercial Handbills On Public Property10-3-9 Handbills: Commercial And Non-Commercial10-3-10 Dropping Litter From Aircraft10-3-11 Deposit Of Litter On Occupied Private Property10-3-12 Maintenance Of Litter-Free Premises10-3-13 Vacant Lots10-3-14 Business Establishments - Receptacles10-3-15 Unsightly Premises10-3-16 Abatement Of Nuisances10-3-17 PenaltiesHISTORY
Amended by Ord. 73-95 on 11/1/1995
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 486-10 on 11/17/2010
Amended by Ord. 564-15 on 2/18/2015
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
In this Chapter, unless expressly noted or the context otherwise requires:
“Aircraft” means any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air, and includes, but is not limited to, helicopters and lighter-than-air dirigibles and balloons.
“Abandoned Structure” means a vacant structure, characterized by blight, the ownership responsibilities of which have been surrendered or relinquished, whether intentionally or by failure to occupy and maintain such property.
“Animal” means any and all types of animals, domestic and wild, male and female, singular and plural.
“Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in this article.
"Bandit Sign" is regarded as any illegal sign posted in or near a public right of way on a utility pole, street pole or other fixture in the Town of Queen Creek regardless of content on the sign and without a valid permit. Bandit Signs include those constructed of vinyl, paper, cloth or fabric, polyboard, coroplast, corrugated plastic, poster board, plastic core, cardboard, wood or any other similar material.
“Blight or Blighted” means unsightly conditions including accumulation of debris; fences characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; landscaping that is dead, characterized by uncontrolled growth, lack of maintenance or damage; buildings, structures, whether main or accessory characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or any other evidence of physical decay, neglect, excessive use or lack of maintenance; other similar conditions of disrepair and deterioration regardless of the condition of other properties in the neighborhood.
“Building” means any structure designed for occupancy including mobile homes, manufactured homes, factory-built buildings, and like property for which taxes may be assessed.
“Commercial handbill” means any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed, or otherwise reproduced original or copies of any matter or literature:
- Which is not defined as in this chapter as either a newspaper or a non- commercial handbill; and
- Which advertises for sale any merchandise, product, commodity or thing; or
- Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; or
- Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. The terms of this paragraph shall not apply when an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when in either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. Nothing contained in this paragraph shall be derived to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of this town; or
- Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
“Debris” means junk, abandoned broken or neglected lumber, furniture, furniture parts, stoves, sinks, cabinets, household fixtures, refrigerators, vehicles, car parts, equipment or the remains of something of little or no apparent economic value.
“Deteriorated or deterioration” means a lowering in quality of the condition or appearance of a building, structure or premises, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or any other evidence of physical decay, neglect, damage or lack of maintenance.
“Dilapidated structure” means any unsightly and dangerous structure as defined by the Uniform Code for the Abatement of Dangerous Buildings, 1994 edition Section 302 or any unsafe building or structure defined by the Uniform Building Code, 1994 edition, Section 102, or any old, abandoned or partially destroyed structure, or any structure commenced and abandoned.
“Filth” means any accumulation of garbage, junk or litter, or any condition which constitutes a breeding place for flies, rodents, mosquitoes and other insects or animals which are capable of carrying and transmitting disease-causing organisms to any person or persons, any spoiled or contaminated food or drink intended for human consumption, or all sewage, human or animal excreta, wastewater, garbage or other organic wastes deposited, stored, discharged or exposed so as to be a potential instrument or medium in the transmission of disease to or between any person or persons.
“Fowl” means any and all fowl, domesticated and wild, male and female, singular and plural.
“Garbage” means the accumulation of spoiled or discarded animal or vegetable material resulting from the handling, preparation, cooking or consumption of food for humans or animals as well as other organic waste material subject to rapid decomposition.
“Graffiti” means initials, slogans, designs or drawings, written, spray-painted, etched, sketched or otherwise applied on a sidewalk, wall, building, fence, sign, or any other structure or surface without consent of the owner and visible from a public right-of-way.
“Grass” includes, but is not limited to, Barnyard grass, Bermuda grass, Bluegrass, Brome grasses, Crab grass, Foxtail, Johnson grass, Ragweed, Rye grass, wild oats, or hybrids thereof.
“Handbill” means any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, temporary sign, Bandit Sign or any other printed or otherwise reproduced original or copy of any matter or literature which advertises for sale any business, product, commodity or thing; directs attention to any business or establishment for the purpose of either directly or indirectly promoting the interest thereof; or which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind.
“Hazard” means any condition that presents a risk to the safety of any person or adversely affects or jeopardizes the health or well-being of any person or endangers property. Such conditions include, but are not limited to, occupancy without adequate water or sanitation facilities, accumulation of human or animal waste, presence of medical or biological waste, sharps, gaseous or combustible materials, radioactive waste, dangerous or corrosive chemicals or liquids, flammable or explosive materials, friable asbestos, offal or decay matter.
“Hazardous wastes” means any chemical, compound, mixture, substance or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the State to be “hazardous waste” as defined in 40 Code of Federal Regulations Section 261.1 through 261.33, as and if amended, except that, for purposes of this ordinance hazardous waste shall include household waste as defined in 40 Code of Federal Regulations Section 261.4B.1.
“Junk” means items that in their present state are of little or no apparent economic value, that are not confined within an industrial area in compliance with the zoning ordinance, including, but not limited to an accumulation of the following materials: discarded or scrapped furniture; glass, metal, paper or machinery parts; inoperative machinery or appliances; building material wastes; litter or discarded or empty containers. Junk also includes all types of solid waste described in the Town of Queen Creek Town Code.
“Land” means all real property in the Town of Queen Creek, whether improved or unimproved.
“Litter” means any filth, debris and weeds which constitute a hazard to public health and safety and shall include, without limitation, any deposit, accumulation, pile or heap of brush, grass, debris, weeds, cans, cloth, paper, wood, rubbish, ashes, street cleanings or other unsightly and unsanitary matter of any kind whatsoever, any other matter defined as “refuse” in this chapter, and any growth of weeds higher than six inches.
“Major repair” means the removal from any vehicle of a major portion thereof, including, but not limited to, the differential, transmission, head, engine block or oil pan.
“Newspaper” means a publication regularly issued for dissemination of current news, matters of general interest and local happenings at stated short intervals of time whether such publication is distributed by paid subscription or for free. Such publication shall be from a known office of publication and shall bear the dates of issue and shall be numbered consecutively.
“Non-commercial handbill” means any printed or written matter, any sample or device, circular, leaflet, pamphlet, magazine paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the definitions of a commercial handbill or a newspaper.
“Owner” means a person, persons or legal entity listed as current title holder as recorded in the official records of the County Recorder’s Office.
“Owner’s agent” means a statutory agent designated pursuant to A.R.S.§ 33-1902 as and if amended.
“Park” means a park, reservation, playground, recreation center or any other public area in the town owned or used by the town and devoted to public recreation.
“Person” means a human being, enterprise, corporation, association, partnership, firm or society.
“Pond” means an in-ground body of water that is at least eighteen inches deep and eight feet or greater in any dimension. This does not apply to Town-approved retention basins as a whole except for portions of retention basins creating, contributing to or causing injury or endangerment to the health, safety or welfare of the community.
“Private property” or “private premises” means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes but is not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mail box belonging or appurtenant to such dwelling, house, building or other structure.
“Property” means and includes buildings, grounds, lots and tracts of land.
“Property used for agricultural purposes” means property of not less than ten contiguous acres which:
- The primary use of the property is as agricultural land and the property has been in active production in conformance with generally accepted agricultural practices for at least two of the five prior years; and
- There is a reasonable expectation of operating profit, exclusive of land cost, from the agricultural use of the property.
“Public place” means any and all streets, sidewalks, boulevards, alleys, rights-of-ways or other public ways and any and all public parks, squares, spaces, grounds and buildings.
“Refuse” means all putrescible and non-putrescible solid wastes, except body wastes, including garbage, rubbish, ashes, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes.
“Responsible Party” means any owner, occupant, lessor, lessee, manager, licensee, or other person having control over a structure or parcel of land; and in the case where the demolition of a structure is proposed as a means of abatement, any lienholder whose lien interest is recorded in the official records of the County Recorder’s Office.
“Rubbish” means non-putrescible solid wastes consisting of combustible and non- combustible wastes, such as paper, wrappings, cigarettes, cardboard, metal cans, yard clippings, leaves, metal, wood, glass, bedding, crockery and similar materials.
“Streets or road” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and includes the whole right-of-way of the public entity maintaining said way, whether such right-of-way is paved or not.
“Structure” means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and includes buildings, improvements and other structures that are constructed or placed on land.
“Trash” means any accumulation of refuse, rubbish, litter or garbage.
“Unsecured structure” means any structure that is vacant with a damaged or open door, window, or other opening not secured in accordance with Town standards to prevent unauthorized entry.
“Vacant structure” means any unoccupied or an illegally occupied structure or any occupied structure without adequate facilities/utilities which is empty or remains empty and is not continuously maintained for twenty-one (21) consecutive days or longer by occupants having custody or legal right of entry to said property; or any structure which exhibits dilapidated walls, windows, roof or doors which will fail to prevent the entry of a trespasser.
“Vehicle” means every device in, upon or by which, any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks, except for a device propelled solely by human power.
“Weeds” means any undesirable or out of place plant, unintentionally established or growing, which whether living or dead, native or non-native, invasive or non-invasive, noxious or not noxious, may be harmful to people or animals, harbor insects or disease; or otherwise interfere with the Town's objectives for public health, safety, and welfare, regardless whether the subject of the enforcement action claims the plants are desirable.
HISTORY
Amended by Ord. 73-95 on 11/1/1995
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 486-10 on 11/17/2010
Amended by Ord. 564-15 on 2/18/2015
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Amended by Ord. 764-21 on 9/15/2021
Amended by Ord. 846-24 on 9/4/2024
In combination with Article 10-2, acts, omissions, conditions and things in or upon any land, property, private lot, building, structure or premises, or in or upon any public right-of-way, wash, street, avenue, alley, park, parkway or other public or private place in the town which are injurious to the public health, safety and general welfare, which interfere with the comfortable enjoyment of life or property by any person, or which unlawfully obstruct the free passage or use of any public park, wash, square, alley, sidewalk, street or highway are hereby declared to be public nuisances, including, but not limited to the following:
- Privies, vaults, cesspools, sumps, pits or like places which are not securely protected from insects or rodents, or which are foul or malodorous, or which are not securely closed and protected or, if necessary, illuminated so as to prevent persons or objects from falling therein. Nothing in this subsection shall be deemed to prohibit uses named herein when such are necessary and incidental to an agricultural use on land defined in this chapter as “property used for agricultural purposes.”
- Filthy, littered or trash-covered exterior areas, including all buildings and structures thereon and areas adjacent thereto.
- Animal manure in any quantity which is not securely protected from insects and the elements, or which is kept or handled in violation of any ordinance of the town or Maricopa County. Nothing in this subsection shall be deemed to prohibit uses named herein when such are necessary and incidental to an agricultural use on land defined in this chapter as “property used for agricultural purposes.”
- Poison oak, poison ivy, or any noxious or toxic weeds or uncultivated plants (whether growing or otherwise), weeds, grass, uncultivated shrubs or growth which present a fire hazard. All exterior property areas shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and grass and trees which present a visual blight upon the area, which may harbor insect or rodent infestations and dry vegetation, or which may likely become a fire hazard, or result in a condition which may threaten the health and safety or the economic welfare of adjacent property owners or occupants.
- Any accumulation of items visible from the right of way or the property of another including, but not limited to: Equipment, building or landscaping materials, parts/auto parts, appliances, mattresses, boxes, or scrap items. Building or Landscaping materials are allowed if there is a valid, active building permit pertaining to these items. This prohibition does not apply to an accumulation of items which are contained within an acceptable trash receptacle equipped with either a door or lid to prevent the unintended spillage of such materials. Nothing in this subsection shall be deemed to prohibit uses named herein when such are necessary and incidental to an agricultural use on land defined in this chapter as “property used for agricultural purposes.”
- Accumulations of trash, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing straw, packing hay or other packing material, lumber, scrap iron, tin and other metal, or anything whatsoever in which insects may breed or multiply or which provides harborage for rodents or which may create a fire hazard. Nothing in this subsection shall be deemed to prohibit uses named herein when such are necessary and incidental to an agricultural use on land defined in this chapter as “property used for agricultural purposes.”
- Any unsightly and dangerous building, billboard or other structure, or any old abandoned or partially destroyed building or structure, or any building or structure commenced and abandoned.
- Any property used or maintained as junk yards or dumping grounds, or for the wrecking, dissembling, repair or rebuilding of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to interfere with the comfortable enjoyment or the quality of life or property by and of others; provided, however, that nothing contained in this subsection shall be deemed to prohibit any automobile wrecking yard or other junk yard where the same is otherwise permitted by the Town zoning ordinance and amendments thereto, which is operated in conformity therewith. Nothing in this subsection shall be deemed to prohibit uses named herein when such are necessary and incidental to an agricultural use on land defined in this chapter as “property used for agricultural purposes.”
- Any putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish or fowl, butcher's trimmings and offal, or any waste vegetable or animal matter in any quantity, garbage, human or animal excreta, sewage or other offensive substances accumulated on private or public property; provided, however, nothing herein contained shall prevent the temporary retention of waste in receptacles in the manner provided by a county health officer, this code or ordinance of the town.
- The erection, continuance or use of any building, room or other place in said town for the exercise of any trade, employment or manufacture which, by noxious exhalations, including, but not limited to, smoke, soot, dust, fumes or other gases, offensive odors or other annoyances, which is discomforting or offensive or detrimental to the health of individuals or of the public, except for normal exhalation or smoke produced by normal heating devices. Nothing in this subsection shall be deemed to prohibit uses named herein when such are necessary and incidental to an agricultural use on land defined in this chapter as “property used for agricultural purposes.”
- Causing, allowing or permitting any artificial illumination of such intensity as to interfere substantially and unnecessarily with the use and enjoyment of public or private property by any considerable number of people, with the lawful use of any school, public place or public street, with any governmental or public function of the town, or as to constitute a hazard or threat to the public health, safety and welfare of the people of the town; provided, however, this subsection shall not apply where the person responsible for said artificial illumination is authorized by the town manager, any school within the town, this code or any ordinance of the town. Nothing in this subsection shall be deemed to prohibit uses named herein when such are necessary and incidental to an agricultural use on land defined in this chapter as “property used for agricultural purposes.”
- Burning of refuse. No outside burning is allowed except when such burning is necessary and incidental to an agricultural use on land defined in this chapter as “property used for agricultural purposes.”
- Any unguarded or abandoned excavation, pit, well or hole which is dangerous, injurious or harmful to life or property.
- To leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under the control of any person and in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, freezer, or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside, unless such icebox, refrigerator or other container is properly stored by first removing said door or lid, snap lock or other locking device from said icebox, refrigerator or container.
- The doing of any act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or other thing either:
- Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous the free passage or use, in the customary manner, of any stream, public park, parkway, square, sidewalk, street, highway, or right of way in the Town and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal.
- Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property by an entire community or neighborhood or by a considerable number of persons.
- To leave or permit to remain overnight in the front yard of any private premises, construction equipment whether free standing or on one or more axles; or to store overnight in the front yard of any private premises, any building materials whether free standing or on pallets or skids, when such equipment or materials are not for use at the premises or stored pursuant to a valid and current building permit issued by the town for work at that premises. Equipment and materials may be stored in the side yard area of any private premises so long as they are screened from public view by an opaque wall, fence or other permitted screen. Nothing in this subsection shall be deemed to prohibit uses named herein when such are necessary and incidental to an agricultural use on land defined in this chapter as “property used for agricultural purposes.”
- Any dangerous, deteriorated, abandoned, partially destroyed or unfinished building, addition, appendage or other structure, or any building or structure in violation of the uniform building codes as adopted by the town, and any vacated or abandoned building not securely closed at all times; any abandoned structure, unsecured structure or vacant structure; any wood, metal or other material used for securing structures and buildings must be compatible with the color of the building or structure.
- No person shall permit or cause the discharge, flow, seepage, or soaking of water from any source including but not limited to any swimming pool, architectural pool, spa, irrigation system, cooler, chiller, or HVAC condensate into an public street, alleyway, rights-of-way or any abutting or adjacent public or private property in such quantity that may cause damage to property; create a hazardous condition; or may contribute to the diminution of any person's ability to use or enjoy the customary manner the affected public or private property. All land shall be maintained so as to prevent ponding or the accumulation of stagnant water when such pond or water causes a hazardous or unhealthy condition, becomes a breeding area for insects, or which is causing soil erosion or damage to foundation walls. This does not apply to Town-approved retention basins as a whole except for portions of retention basins creating, contributing to or causing injury or endangerment to the health, safety or welfare of the community.
- Any condition defined or deemed to be a nuisance or hazard to the public health, safety, or welfare by any statute of the State of Arizona or any code or ordinance adopted by the Town of Queen Creek. These include but are not limited to the Queen Creek Town Code, the Queen Creek Zoning Ordinance, the Uniform Fire Code, International Building Code, Uniform Housing Code, and similar codes or any provision of any State statute or code or ordinance adopted by the Town of Queen Creek and intended to protect the character, safety or attractiveness of a neighborhood or area.
- Any landscaping, visible from public property, or the property of another that is substantially dead, damaged, or characterized by uncontrolled growth, or presents a deteriorated or blighted appearance; uncultivated plants, weeds, grass, uncultivated shrubs or growth (whether growing or otherwise); or any dead trees, bushes, shrubs or portions thereof, including stumps; or any palm or similar type tree having dead or dry fronds descending downward from the base of the lowest living frond more than eight (8) feet or dry fronds longer than five (5) feet and closer than eight (8) feet to the ground. Trees that overhang a sidewalk shall be trimmed a minimum of eight (8) feet above the sidewalk to allow for safe passage. Trees that overhang the street shall be trimmed a minimum of 14 feet above street grade to allow for safe and damage free passage of large public service vehicles (i.e., fire apparatus, solid waste vehicles).
- Any wall or fence that is missing blocks, boards or other material, or is otherwise deteriorated so as to constitute a hazard to persons or property. This includes but is not limited to, leaning or damaged fences, fences missing slats or blocks or any other materials that are otherwise broken or damaged in such amounts as to present a deteriorated or blighted appearance. All replacement materials shall be uniform, compatible and consistent with the design thereof.
- To leave or permit to remain on any property, areas infested with insects or rodents including, but not limited to: bees, wasps, hornets, yellow jackets, mice, rats, or roaches, in an amount that may become a hazard to public health or safety.
- All exposed exterior surfaces, windows and doors shall be maintained so as to be free of deterioration that is a threat to health and safety, impervious to moisture and weather elements, or shall not otherwise present a deteriorated or blighted appearance. Windows, doors, locks on doors, and hinges must be present and installed properly. These items must be free from deterioration or blighting conditions. Any temporary boarding of structures and buildings must be done in accordance with Town specifications.
Examples of such deterioration and blight include but are not limited to:
- Improperly anchored canopies, metal awnings, stairways, exhaust ducts and overhead extensions;
- Chimneys that are structurally unsafe;
- Exterior windows, doors, garage doors, door hardware and door frames that are not maintained in sound condition, that are not fitted securely in their frames and are not substantially weather tight or have inoperable locks, holes, breaks or cracks; Any exterior door incapable of functioning as intended by design;
- Paint that is deteriorated, indicated by peeling, flaking, cracked, blistering or mildew, resulting in exposed bare unprotected surfaces;
- Window screening, if present, shall be maintained in good condition;
- Boarded window or door openings on an occupied structure;
- Boarded window or door openings on an unoccupied or vacant structure for more than one hundred eighty days in any two-year period;
- Broken, rotted, split, curled or missing roofing material in such amounts as to present a deteriorated or blighted appearance;
- Exterior painted surfaces with loose, cracked, scaling, chipping or peeling paint, visible from a public area, in such amounts as to present a deteriorated or blighted appearance;
- Any wood surfaces unprotected from the elements by paint or other protective treatment, except those naturally resistant to decay;
- The existence of hazards, hazardous waste, junk or graffiti on Property.
- All vacant, unsecured or abandoned buildings and structures shall be secured against unauthorized entry at all times.
- Notice Posting.
- The owner of record of a vacant, unsecured or abandoned structure or building is required to post a notice at the front of the structure or building, in a conspicuous location protected from the weather, that provides the current name, address, and phone number of the owner of record, if the owner of record resides locally, or the current name, address, and phone number for a local authorized agent.
- If a notice of default or foreclosure has been recorded for the real property on which the vacant, unsecured or abandoned structure or building is constructed, the lender’s name, address, and telephone number must also be provided on the notice posted.
- The posted notice shall be no smaller than 8 ½ inches by 11 inches.
- Security.
The owner of a vacant, unsecured or abandoned structure or building, or responsible party, is responsible for securing that building or structure and its property against unauthorized entry in accordance with the following provisions:
- For the first ninety (90) consecutive days during which the structure or building remains vacant, unsecured or abandoned, any doors, including garage doors, windows, and other opening of the structure or building may be secured with painted plywood panels that match the exterior appearance of the structure or building.
- After the expiration of ninety (90) consecutive days, the owner, or responsible party, shall restore and maintain the structure or building to an occupied appearance, with all doors, including garage doors, windows, and other openings of the structure or building in good repair. The owner, or responsible, shall also install and maintain a security fence around the structure or building and maintain a commercially-serviced, 24-hour burglar alarm system to prevent unauthorized entry into the structure or building or onto the property.
- Any condition which poses a substantial risk to the health or safety of any person or of the public, including, but not limited to, an unsafe, unsanitary or structurally unsound condition.
- Construction debris uncontained for more than twenty-four hours or not contained upon the premises under construction.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Amended by Ord. 764-21 on 9/15/2021
Amended by Ord. 846-24 on 9/4/2024
Amended by Ord. 864-25 on 4/2/2025
No person shall throw or deposit litter in or upon any street, sidewalk, alley, or other public place within the Town except in public receptacles, or in authorized private receptacles for collection.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Amended by Ord. 764-21 on 9/15/2021
No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any public or private sidewalk or driveway or any building or lot. Persons owning or occupying property or places of business shall keep the sidewalk and parkway in front of their premise free of litter.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town or upon private property.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
No person shall drive or move any truck or other vehicle within the town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
No person shall throw or deposit litter in any park within the town except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or public place. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street, right of way, or other public place within the Town, nor shall any person hand out or distribute or sell any commercial handbill in any public place, but nothing in this section shall be deemed to prohibit any person from handing out or distributing on any sidewalk, street or other place within the Town, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept it.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Amended by Ord. 764-21 on 9/15/2021
- No person shall throw or deposit any commercial or non-commercial handbill in or upon any vehicle, but it is not unlawful on any public place for a person to hand out or distribute without charge to the receiver thereof, a non-commercial handbill to any occupant of a vehicle who is willing to accept it.
- No person shall throw or deposit any commercial or non-commercial handbill in or upon any private premises which are known, or should be known, to such person to be temporarily or continuously uninhabited or vacant.
- No person shall throw, deposit or distribute any commercial or non-commercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words “No Transient Merchants,” ‘No Peddlers,” “No Door-To-Door Salesmen,” “No Trespassing”, “No Advertisements,” “No Fliers,” “No Handbills”, indicating that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any handbill left upon such premises.
- No person shall knowingly or recklessly throw, deposit or distribute any commercial or non-commercial handbill in or upon private premises which are inhabited unless the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor of newspapers as defined by this article.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 486-10 on 11/17/2010
Amended by Ord. 564-15 on 2/18/2015
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
No person in any aircraft shall throw out, drop or deposit within the town any litter, handbill or any other object.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
No person shall throw or deposit litter on any occupied private property within the town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
The owner or person in control of any private property shall at all times maintain the premises free of litter; but this section shall not prohibit the storage of litter in authorized private receptacles for collection, or within any building when not in violation of any health, fire, building or any other regulation, ordinance, order or statute.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
No person shall throw or deposit litter on any open or vacant private property within the town whether owned by such person or not.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
No person occupying or employed in any business establishment shall deposit any litter in any receptacle, unless such receptacle shall be provided with a lid of sufficient weight to prevent the escape of any litter from the receptacle. This provision shall not apply to boxes, either postboard or wooden, greater than six inches square in size, provided, however, that a receptacle shall be provided of sufficient size to prevent any such boxes from being carried or deposited by the elements upon any street, alley or other public place.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Every person owning, managing, controlling or occupying any real property in the town shall not allow any part of such property visible from the street or adjoining premises to become so unsightly or untidy as to substantially detract from the appearance of the immediate neighborhood or tend to threaten the safety and welfare of the immediate neighborhood.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Any public nuisance committed under this article may be abated in any manner provided by law including the method set forth in Article 10-2 of this chapter.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
- Any person, whether as principal, owner, agent, tenant, employee or otherwise who maintains a nuisance upon any property within the Town, violates any provision of this article, or fails to comply with any provision of this article, shall be deemed guilty of a civil offense as defined in and punishable under Section 9-21-2. The conviction of any person hereunder shall not relieve such person from the responsibility to correct such violation, nor prevent the enforcement, correction or removal thereof in any manner authorized by law. Every day that a nuisance is permitted to exist or caused to continue to exist under this article shall be deemed a separate violation.
- Notwithstanding the foregoing, any person, whether as principal, owner, agent, tenant, employee or otherwise who maintains a nuisance on property owned or controlled by that person in violation of Sections 10-3-2(L) or 10-3-2(O) is guilty of a Class 3 Misdemeanor.
- Notwithstanding any other provision of this chapter, any person that recklessly places or causes to be placed any rubbish, trash, filth or debris on any property not owned or under the control of that person in violation of Section 10-3-3, or 10-3-13 shall be guilty of a Class 1 Misdemeanor, unless that person immediately removes the rubbish, trash, filth or debris.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 486-10 on 11/17/2010
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Amended by Ord. 764-21 on 9/15/2021
10-4-1 Hauling Refuse10-4-2 Vehicles And Receptacles To Be Spill Proof10-4-3 Spilled Refuse10-4-4 Dumping RefuseHISTORY
Amended by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
It is unlawful for any person to haul or cause to be hauled any refuse on or along any public street, avenue or alley in the town, in violation of any of the provisions in this chapter.
HISTORY
Repealed & Reenacted by Ord. 117-97 on 2/18/1998
Renumbered by Ord. 117-97 on 2/18/1998
It is unlawful for any person to haul or cause to be hauled on or along any public street in the town any garbage, unless such garbage is contained in strong, watertight vehicles or vehicles with watertight receptacles, constructed to prevent any such garbage from falling, leaking or spilling and any odor from escaping.
HISTORY
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
Any person hauling any refuse along the streets of the town shall immediately replace in the conveyance used for such hauling any refuse which may fall upon any street.
HISTORY
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
It is unlawful for any person to place or cause to be placed any refuse upon any public or private property within the town, except in public dumping grounds designated by the council.
HISTORY
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
10-5-1 Definitions10-5-2 Abandonment Prohibited10-5-3 Exemption10-5-4 Vehicle Removal10-5-5 Presumption Of Responsibility10-5-6 Towed Vehicles; Notification; Violation; Classification10-5-7 Towing And Storage Costs10-5-8 Disposition Of Abandoned And Junk VehiclesHISTORY
Adopted by Ord. 117-97 on 2/18/1998
In this chapter, unless the context otherwise requires:
- "Abandoned vehicle" means a vehicle, trailer or semitrailer that is of a type subject to registration under A.R.S. Title 28, whether lost, stolen, abandoned or otherwise unclaimed and that has been abandoned on a public highway, public property or elsewhere in the town, including private property. Evidence that a vehicle was left unattended for a period of forty-eight hours within the right-of-way of any highway, road, street or other public thoroughfare or for a period of seventy-two hours on public or private property or elsewhere in the town is prima facie evidence of abandonment.
- For the purposes of this article, "junk vehicle" means a vehicle that is in such a state of deterioration that it cannot be profitably dismantled or salvaged for parts and cannot be profitably restored.
- "Officer" means any police officer or other law enforcement officer.
- "Vehicle registration agency" means the agency or department of any state that has charge of the records of motor vehicle registration in that state.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
A person shall not abandon a vehicle on any street, highway, right of way, or private property within the Town.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 764-21 on 9/15/2021
A motor vehicle eligible for licensing pursuant to Chapter 7, Article 14 of A.R.S. Title 28 or A.R.S. § 28-2411 is not an abandoned vehicle and shall not be seized pursuant to this article or any ordinance authorized by this article while the vehicle is stored or maintained on the vehicle owner's private property.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
- An officer who has reasonable grounds to believe that a vehicle has been lost, stolen, abandoned or otherwise unclaimed may remove or cause the removal of the vehicle from any street, highway or private property.
- If a person removes or causes the removal of an abandoned vehicle from private property, the person shall both:
- Obtain written authorization from the owner or lessee of the property on a form prescribed by the Town of Queen Creek Police Department.
- Submit the form and the vehicle identification form to the Town of Queen Creek Police Department.
- An officer who has removed an abandoned vehicle pursuant to this section shall inspect the vehicle and shall complete the vehicle identification form prescribed or approved by the Town of Queen Creek Police Department. The Town of Queen Creek Police Department shall make an inquiry to determine whether the abandoned vehicle is a stolen abandoned vehicle.
Town of Queen Creek Police Department
- A person who has removed or caused to be removed an abandoned vehicle from private property shall have the vehicle inspected by an officer or agent of the Town of Queen Creek Police Department. The officer or agent shall make an inquiry to determine whether the abandoned vehicle is a stolen abandoned vehicle.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 764-21 on 9/15/2021
The abandonment of a vehicle in a manner provided in this article is a presumption that the last registered owner of record is responsible for the abandonment and is subject to this article, unless either:
- An affidavit has been filed that the vehicle was stolen pursuant to A.R.S. § 28-4844.
- A stolen report has been accepted by a local law enforcement agency.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
- Except if acting under the direction of a Peace Officer, a person who moves or tows a vehicle into a public garage, parking lot, storage yard or automotive recycling yard or on private property without the consent of the vehicle owner or the owner's agent shall notify the Town of Queen Creek Police Department by telephone within one hour of the time the vehicle is moved or towed.
- A person who fails to comply with this section forfeits all claims for towing and storing the vehicle and is guilty of a Class 1 Misdemeanor.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 764-21 on 9/15/2021
- The Town shall not incur any liability for the cost of towing or storing a vehicle removed under this article when its officer has removed or caused the removal of the vehicle under color of the officer's lawful authority.
- The owner of a vehicle that is removed or caused to be removed under this article is liable for any reasonable costs incurred in towing or storing the vehicle.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Amended by Ord. 764-21 on 9/15/2021
Any abandoned or junk vehicle seized under this article shall be disposed of in accordance with A.R.S. § 28-4801 et seq.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
No person shall place, display or maintain any unattended container for soliciting deposit of recyclable materials or donated items in any exterior location within the town limits, except in conformance with all of the following provisions:
- Such unattended containers may be located only within the parking lot of private property lawfully zoned, developed and used for commercial or industrial purposes or at schools, churches or charitable organizations which have similar parking facilities.
- Such unattended containers may be located only with the permission of the property owner, his agent or the person in possession of the property, and the container owner's name and current telephone number shall be displayed thereon in a conspicuous location.
- No person shall leave any materials outside of a container. Each container owner shall provide adequate collection pickups and cleanup of the general area to prevent any materials from accumulating outside the containers. The owner of such unattended container and the property owner shall be jointly and severally responsible for maintaining all exterior areas within twenty-five feet of the container and shall keep such area free from litter at all times. Violation of this section shall constitute a civil violation by both the property owner and the owner of the unattended container.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
All construction sites shall provide on-site rest room facilities for employees while construction is occurring in conformance with all of the following provisions:
- There shall be a minimum of one toilet provided on-site for every single-family residential construction project. When the same general contractor has two single-family residential construction projects on adjoining lots with the same street frontage, one toilet located as close as possible to the common property line shall fulfill the requirements of this article for both sites.
- When there is a non-single-family residential construction site, there shall be one toilet facility for every five thousand square feet of building area. Any fraction thereof shall be rounded up to require the additional toilet facility.
HISTORY
Adopted by Ord. 117-97 on 2/18/1998
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
10-8-1 Purpose10-8-2 Definitions10-8-3 Enforcement, Violations, Notices And Penalties10-8-4 Vehicle Parking And Use On Vacant Lots10-8-5 Operation Of Vehicles On Public And Private Property10-8-6 Parking, Maneuvering, Ingress And Egress10-8-7 Leaf Blower Restrictions10-8-8 Compliance Monitoring10-8-9 Violations Deemed A Public Nuisance10-8-10 Remedies Not Exclusive10-8-11 Compatibility With Other Regulations10-8-12 SeverabilityHISTORY
Adopted by Ord. 419-08 on 2/20/2008
Repealed & Reenacted by Ord. 666-18 on 7/18/2018
The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the Town of Queen Creek by improving air quality through the regulation of Fugitive Dust and PM-10 particles to the maximum extent practicable as required by federal and state law. The Town hereby finds and declares that this ordinance is not a land use law. The Town hereby finds and declares the objectives of this ordinance are:
- To regulate the contribution of Fugitive Dust and PM-l0 from any Town resident, developer or visitor; and
- To establish legal authority to implement all inspection, surveillance, monitoring, and enforcement procedures necessary for compliance with this ordinance; and
- To meet requirements imposed by state and federal law; and
- To limit or prohibit situations that could be recognized as public nuisances; and
- To allow for the protection of the public’s health and safety, including, transportation or traffic control, health and sanitation and pollution control.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
For the purposes of this ordinance, the following shall mean:
- “Area A”- means the part of the greater Phoenix metropolitan area where specific pollution control programs are in place for ozone, carbon monoxide, and particulate matter. As defined in Arizona Revised Statutes (ARS) §49-541(1).
- “County Dust Control Permit” – means a permit issued by Maricopa County evidencing that a dust generating operation has a satisfactory dust control plan in place approved by the Maricopa County Air Quality Department.
- “Fugitive Dust” – means the particulate matter not collected by a capture system that is entrained in the ambient air and is caused from human and/or natural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For the purpose of this ordinance, fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, or from piledrivers.
- “Landscape Debris” – means debris generated or accumulated as a result of, or moved in the course of, landscape operations. Landscape debris includes, but is not limited to, grass clippings, leaves, branches, vegetative matter, rubbish, soil and rock.
- “Leaf Blower” – means any device that generates a stream of air that is designed, or used, to move landscape debris.
- “Off-Road Vehicle” – means a self-propelled device and its appurtenances, including, but not limited to, off-road or all-terrain equipment, trucks, cars, motorcycles, motorbikes, or motor buggies and excluding devices moved by human power or used exclusively on stationary rails or tracks and excluding motorized wheelchairs.
- “PM-10” – means the standard adopted by the Environmental Protection Agency that focuses on smaller particulates in the air that are likely responsible for adverse health effects because of their ability to reach the lower regions of the respiratory tract. The PM-10 standard includes particles with an aerodynamic diameter smaller than or equal to ten (10) microns (micrometers) as measured by the applicable state and federal reference test methods.
- “Person” – means any individual, organization, public or private corporation or other entity recognized by law, company, partnership, firm, association or society of persons, the Federal Government and any of its departments or agencies, or the State and any of its departments or agencies, or political subdivisions.
- “Public Roadway” – means any street, alley, road, highway or thoroughfare of any kind that is used by the public or that is open to the public as a matter of right, for the purpose of vehicular travel.
- “Town” – means the Town of Queen Creek, Arizona.
- “Unstabilized” – means a surface that has not been paved or stabilized with asphaltic concrete, cement concrete, hardscape, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, decomposed granite cover, crushed granite cover, aggregate cover, gravel cover, or grass or other continuous vegetative cover, or any combination of such paving or stabilizing.
- “Vacant Lot” – means any of the following:
- An unsubdivided or undeveloped tract of land.
- A subdivided residential, industrial, institutional, governmental, or commercial lot that contains no approved or permitted buildings, structures, or uses of a temporary or permanent nature.
- A partially developed residential, industrial, institutional, governmental, or commercial lot.
- For the purpose of this ordinance, a vacant lot is not a public roadway.
- “Vehicle” – means a self-propelled device and its appurtenances, excluding devices moved by human power or used exclusively on stationary rails or tracks.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
- Responsibility for Administration
- The Enforcement Officer, acting through and designated by the Town Manager, shall administer, implement and enforce the provisions of this ordinance involving air quality and fugitive dust. The Enforcement Officer may enforce the provisions of this ordinance when reasonable cause exists to believe that any person has violated or is in violation of any provision of this ordinance.
- The term “Enforcement Officer” means any person, who is either an employee, agent or independent contractor, authorized by the Town Manager to administer, implement and enforce the provisions of this ordinance and who has authority to enforce the Town of Queen Creek rules, regulations, resolutions and ordinances. The “Enforcement Officer” may include more than one person, including a civil hearing officer acting in compliance with A.R.S. §9-500.21.
- Violations, Notices and Penalties of General Applicability for Ordinance
- Unless an alternative process or penalty is expressly indicated within this ordinance or the Town Code, when the Enforcement Officer has reasonable cause to believe that any person has violated or is in violation of any provision of this ordinance, the Enforcement Officer shall issue, for the first violation of this ordinance, a warning notice stating which requirement of the ordinance was violated.
- Unless an alternative process or penalty is expressly indicated within this ordinance or the Town Code, subsequent violations of this Article shall be considered Civil Violations subject to the procedures set forth in Section 10-11-2. Notwithstanding the fines set forth in Section 10-11-2 of this Code, for violations of this Article, the Enforcement Officer may impose a civil penalty of $50 for the second violation of this ordinance. Upon a third violation of this ordinance, the Enforcement Officer may impose a civil penalty of $100. After the fourth and subsequent violations of this ordinance, the Enforcement Officer may impose a civil penalty of $ 250.
- This Ordinance shall not apply during a period of public emergency as declared by the Town, state authorities or federal authorities or if the operation is directed by a peace officer or other public authority.
- Pursuant to A.R.S. §9-500.04(H), the requirements of Sections 10-8-4, 10-8-6 and 10- 8-7 of this ordinance do not apply to any site that has a permit issued by a control officer as defined in A.R.S. §49-471 for the control of fugitive dust from dust generating operations.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
A person shall not park or use a vehicle on an unstabilized vacant lot within the Town. This section does not apply to sites that have been issued a County Dust Control Permit for the control of fugitive dust from dust generating operations.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
- A person shall not operate any vehicle, including off-road vehicles, on unpaved public property that is not a public roadway or lawful easement, without lawful authority. Lawful authority shall consist of rules, regulations, or orders of a federal agency, this state, a county or municipality, which shall be made available to the public by any one of the following methods:
- A sign to designate the property is/as open. Such sign shall be in compliance with the standard travel management sign protocol used by Southwest Land Management Agencies and shall at a minimum be conspicuously placed at all points of vehicular access and contain the following information: "Travel Must Remain On Designated Routes." Copies of the standard travel management sign protocol are available for review at the Maricopa County Air Quality Department, 1001 North Central Avenue, Phoenix, AZ, 85004;
- Orders of a government land management agency;
- Most current maps approved by such government land management agency; and
- Virtual posting from a government land management agency.
- A person shall not operate any vehicle, including off-road vehicles, on unpaved private property that is not a private road, street or lawful easement and that is closed by the landowner by rule or regulation of a federal agency, this state, a county or a municipality or by a proper posting, without the consent of the lawful owner. Consent of the lawful owner consists of either or both of the following:
- A sign to designate the property is/as open. Such sign shall be in compliance with the standard travel management sign protocol used by Southwest Land Management Agencies and shall at a minimum be conspicuously placed at all points of vehicular access and contain the following information: "Travel Must Remain On Designated Routes." Copies of the standard travel management sign protocol are available for review at the Maricopa County Air Quality Department, 1001 North Central Avenue, Phoenix, AZ, 85004;
- Prior written permission which contains the following:
- the name, address and telephone number of the person granting permission for the use of the property;
- a description of the interest the person granting permission has in the property (i.e., property owner, lessee or agent);
- if the person granting permission is not the owner of the property, the written permission shall also contain the name, address and telephone number of the property owner;
- specific period of time for which permission for the use of the property is being granted; and
- The signature of the person granting permission for the use of the property.
- Whenever any person is stopped by an Enforcement Officer for a violation of Section 10-7-5 of this ordinance, he/she shall, upon the request of the Enforcement Officer identify or present the lawful authority or consent of the lawful owner required in this section
- The property owner, person entitled to immediate possession of the property, or invitee who has lawful authority may operate such vehicles on the property if such use does not violate any other applicable laws.
- Exemptions:
- This Section 10-8-5 shall not apply to the operation of vehicles used in the normal course of business or the normal course of government operations.
- This Section 10-8-5 shall not apply to operations directed by utilities for operation, distribution and transmission systems provided that both of the following conditions are satisfied: (a) operations are performed with a marked company vehicle; and (b) if operations are performed with a personal vehicle, then identification of the company shall be visible and readable by the public.
- As mandated by A.R.S. §9-500.27, a person who violates this section 10-8-5 of the ordinance is guilty of a class 3 misdemeanor.
- As mandated by A.R.S. §9-500.27, if a person is deemed to have violated this section 10-7-5, in addition to or in lieu of a fine, a judge may order the person to perform at least eight (8) but not more than twenty-four (24) hours of community restitution or to complete an approved safety course related to the off-highway operation of motor vehicles, or both.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
- Residential. All vehicular parking must occur on a legal driveway consisting of a dustproof surface or on an improved dustproof surface immediately adjacent to the legal driveway. The dustproof surface shall consist of concrete, asphalt millings, or gravel with a minimum three (3) inches in depth. Asphalt millings and gravel areas shall also have a permanent border installed.
- Other than Residential. All persons who are owners, tenants or operators shall maintain parking, maneuvering, ingress and egress areas at developments other than residential buildings with four (4) or fewer units with one or more of the following dustproof paving methods:
- Asphaltic concrete;
- Cement concrete;
- Penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate;
- A stabilization method approved by the Town.
- Residential. All persons who are owners, tenants or operators shall maintain parking, maneuvering, ingress and egress areas that are three thousand (3,000) square feet or more in size at residential buildings with four (4) or fewer units with a paving or stabilization method authorized by the Town Code or permit.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
Amended by Ord. 764-21 on 9/15/2021
- A person shall not operate a leaf blower in a manner that causes landscape debris to be blown into a public roadway.
- No person who is an employee or contractor of the Town shall operate a leaf blower on any high pollution advisory day forecast by the department of environmental quality, except while in vacuum mode.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
The Town shall be permitted to enter and inspect property subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance.
- If a property owner has security measures in force, which require proper identification and clearance before entry into its premises, the property owner shall make the necessary arrangements to allow access to representatives of the Town, including the Enforcement Officer.
- Any temporary or permanent obstruction to safe and easy access to the property to be inspected shall be promptly removed by the property owner at the written or oral request of the Town, including the Enforcement Officer, and shall not be replaced. The costs of such access shall be borne by the property owner.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
In addition to the enforcement process and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Town to seek cumulative remedies.
The Town may recover all attorneys’ fees, court costs and other expenses associated with enforcement of this ordinance, including monitoring expenses.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards of human health or the environment shall control.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provision or application of this ordinance.
HISTORY
Adopted by Ord. 419-08 on 2/20/2008
10-9-1 Purpose10-9-2 Definitions10-9-3 Applicability10-9-4 Presumption Of Responsibility10-9-5 Residential Waste Services Mandatory; Animal Waste Service Optional10-9-6 Temporary Discontinuance Of Residential Waste Services10-9-7 Accumulation And Storage Solid Waste, Bulk Waste, Program Recyclables, And Animal Waste10-9-8 Location For Collection Of Solid Waste, Bulk Waste, Program Recyclables, And Animal Waste10-9-9 Time For Placement For Collection Of Solid Waste, Bulk Waste, Program Recyclables, And Animal Waste10-9-10 Cart Responsibilities10-9-11 Cart Costs For New Residential Waste Service Units10-9-12 Ownership Of Solid Waste, Bulk Waste, Program Recyclables, And Animal Waste10-9-13 Rates, Charges, Fees And Payments10-9-14 Prohibited Acts10-9-15 Rules And Regulations10-9-16 Inspections10-9-17 Vector Control10-9-18 Cart Repossession10-9-19 Termination Of Services; Lien For Unpaid Charges10-9-20 Enforcement And Inspection10-9-21 ExemptionsHISTORY
Adopted by Res. 819-10 on 1/20/2010
Adopted by Ord. 469-10 on 1/20/2010
The purpose of this Article is to preserve the health, safety and welfare of the citizens of Queen Creek, and establish a sustainable community by providing standards for the safe and sanitary provision of Solid Waste Services, Bulk Waste Services and Recycling Services for residential dwellings (“Residential Waste Service Units” as defined herein) within the Town. Nothing in this Article shall be construed to impinge upon or supplant the authority of the county health department, state department of health services or other public agency having exclusive legal jurisdiction over any matter which is the subject of this Article.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
In this Article, unless the context otherwise requires:
“Administrator" — Administrator shall mean the Town Manager of the Town, or his designee or designees, who shall represent the Town in the administration of this Article.
“Animal Waste” — Animal Waste shall mean any unsanitary waste from the breeding, raising, containing, maintaining or grooming of animals from stables, kennels, pet pens, chicken coops, places of residence, veterinary establishments or other places of a similar nature. Animal Waste shall include manure.
“Animal Waste Services” — Animal Waste Services shall mean the collection of Animal Waste, delivery of Animal Waste to the Disposal Facility or the Recycling Facility, and the disposal of Animal Waste at the Disposal Facility or recycling of Animal Waste at the Recycling Facility.
“Audio/Video Equipment” — Audio/Video Equipment shall mean televisions, stereos, radios, amplifiers, projectors, satellite and cable equipment, video equipment, VCR’s, CD player, Video game equipment, surveillance equipment, cameras, broadcasting equipment, communications equipment, and other electronic equipment of a similar nature.
"Backdoor" — Backdoor shall mean a location at the front, side or rear of a Residential Waste Service Unit designated by the Town for Solid Waste Services and Recycling Services for the Residential Waste Service Units.
“Batteries” — Batteries shall mean alkaline batteries, nickel cadmium batteries, lead acid batteries, lithium batteries, and other electronic equipment of a similar nature.
“Bag” — Bag shall mean non-dissolvable leak proof plastic sacks with a capacity of up to approximately thirty-two (32) gallons designed or intended to store Solid Waste with sufficient wall strength to maintain physical integrity when lifted by the top.
"Bulk Waste" — Bulk Waste shall mean Solid Waste composed of materials not easily containerized in a Cart such as, but not limited to, Green Waste, furniture, cardboard and large appliances. Bulk Waste shall not include Animal Waste or Excluded Waste.
"Bulk Waste Services" — Bulk Waste Services shall mean the collection of Bulk Waste by the Contractor, delivery of Bulk Waste to the Disposal Facility or the Recycling Facility by the Contractor, and the disposal of Bulk Waste at the Disposal Facility or recycling of Bulk Waste at the Recycling Facility by the Contractor.
"Cart" — Cart shall mean a receptacle with wheels with a capacity of up to approximately ninety-five (95) gallons designed or intended to be mechanically dumped into a loader- packer type truck and approved for use by the Town.
"Collection" — Collection shall mean the act of picking up Residential Solid Waste, Bulk Waste, or Animal Waste from Residential Waste Service Units, or Neighborhood Recycling Drop-off Sites, and delivery of the Residential Solid Waste, Bulk Waste, or Animal Waste to the Disposal Facility. Collection shall also mean the act of picking up Program Recyclables, Animal Waste, Electronics, or tires from Residential Waste Service Units, or Neighborhood Recycling Drop-off Sites, and delivery of the Program Recyclables or Animal Waste to the Recycling Facility.
“Computer Equipment” — Computer Equipment shall mean PC’s, laptops, CRT monitors, modems, switches, hubs and routers, storage devices, main frames, servers, power supplies, tape libraries, circuit boards, power cords, printers, wire and cabling, surplus metals, mice, keyboards, hard drives, floppy, DVD and CD drives, and other electronic equipment of a similar nature.
"Construction Waste" — Construction Debris shall mean solid waste derived from the construction, repair or remodeling of buildings or other structures.
"Contractor" — Contractor shall mean the person or entity engaged by the Town to perform Solid Waste Services, Bulk Waste Services and Recycling Services for Residential Waste Service Units within the Town.
“Curbside” — Curbside shall mean within five (5) feet of the street or alleyway that provides primary access to the Residential Waste Service Unit as designated by the Town.
"Demolition Waste" — Demolition Waste shall mean solid waste derived from the demolition of buildings or other structures.
“Dispose”, “Disposed” or "Disposal" — Dispose, Disposed, or Disposal shall mean the discharge, deposit injection, dumping, spilling, leaking of any Residential Solid Waste, Town Facility Solid Waste, Special Event Solid Waste, Bulk Waste, or Animal Waste at a Disposal Facility operated in accordance with laws.
"Disposal Facility" — Disposal Facility shall mean a facility, area of land or excavation in Town Facility Solid Waste, Special Event Solid Waste, Bulk Waste which Residential Solid Waste, and Animal Waste is placed for permanent disposal. Disposal Facility does not include a land application unit, surface impoundment, injection well, compost pile or waste pile or an area containing ash from the on-site combustion of coal that does not contain household waste, household hazardous waste or conditionally exempt small quantity generator waste.
“Electronic Components” — Electronic Components shall mean capacitors diodes, resistors, transistor and integrated circuits, and other electronic equipment of a similar nature.
“Electronics” — Electronics shall mean Computer Equipment, Point of Sale Equipment, Telecom Equipment, Printing Equipment, Audio/ Visual Equipment, Batteries, Electronic Components, household appliance, surplus metals and wire and cable, test equipment, lab equipment, connectors, ballasts, power strips, and other electronic equipment of a similar nature.
“Excluded Waste” — Excluded Waste shall mean Hazardous Waste, Electronics, Construction Waste and Demolition Waste, latex and oil based paints, stains and varnishes, adhesives, motor oil, antifreeze, transmission fluids, gasoline and diesel fuel, pesticides and fungicides, pool chemicals, household cleaners, propane tanks, camping cylinders, fire extinguishers, fluorescent and CFL light bulbs, and automobile and household batteries.
"Green Waste" — Green Waste shall mean organic yard waste, including but not limited to, grass clippings, tree trimmings, brush clippings, and other organic yard waste of a similar nature.
"Hazardous Waste" — Hazardous Waste shall have the meaning set forth in Arizona Administrative Code Section R18-8-261.
“Large Lot” - Large Lot shall mean any residential lot on which Large Livestock is legally kept in conformance with the Town Zoning Ordinance, or any residential lot of two (2) acres or more.
“Laws” – Laws shall mean any and all Federal, State and local laws, statutes, regulations, rulings, ordinances and policies.
“Neighborhood Recycling Drop-off Site” — Neighborhood Recycling Drop-off Site shall mean any site designated by the Town for drop-off of Program Recyclables. The Town has the sole authority to add or eliminate Neighborhood Recycling Drop-off Sites.
“Point of Sale Equipment” — Point of Sale Equipment shall mean credit card machines, printers, scanners, and other electronic equipment of a similar nature.
“Printing Equipment” — Printing Equipment shall mean printers, fax machines and copiers, calculators, typewriters and printer cartridges, and other electronic equipment of a similar nature.
"Program Aluminum and Steel Recyclables" — Program Aluminum and Steel Recyclables shall mean aluminum used beverage containers, aluminum foil, aluminum pie plates, scrap aluminum, steel “tin” food cans, bi-metal containers, aerosol cans, and lids composed primarily of whole iron or steel.
“Program Glass Recyclables” — Program Glass Recyclables shall mean clear, brown, and green glass food and beverage jars and bottles with or without paper labels, rings, and lids. Program Glass Recyclables shall not mean window glass, porcelain and china are not acceptable.
“Program Paper Recyclables” — Program Paper Recyclables shall mean (i) all loose or bagged Kraft paper, all loose or bagged old corrugated containers that have liners of Kraft, jute, or test liner including dry food boxes, beer and soda carriers, and shoe boxes, (ii) all loose or bagged old newspaper including slick paper inserts, and (iii) all junk mail, junk mail inserts, residential mixed paper, bagged shredded paper, high-grade paper, white and colored ledger, copier paper, office paper, laser printer paper, computer paper including continuous-formed perforated white bond or green bar paper, book paper, cotton fiber content paper, duplicator paper, form bond, manifold business forms, mimeo paper, note pad paper (no backing), loose leaf fillers, stationery, writing paper, paper envelopes without plastic windows, carbonless (NCR) paper, tabulating cards, facsimile paper, manila folders, magazines, paperback books, small catalogs, telephone books and Yellow Pages.
“Program Plastic Recyclables” — Program Glass Recyclables shall mean any #1 through #7 rigid plastic bottle, containers, jugs, or jars.
"Program Recyclables" — Program Recyclables shall mean Program Aluminum and Steel Recyclables, Program Glass Recyclables, Program Paper Recyclables, and Program Plastic Recyclables. Program Recyclables shall not include Animal Waste or Excluded Waste.
"Recyclable Materials"— Recyclable Materials shall mean those materials which are capable of being recycled, which would otherwise be processed or disposed of as Solid Waste, and which are approved by the Town for Recycling Services. Recyclable Materials shall not include Excluded Waste.
"Recycling" — Recycling shall mean any process by which materials which would otherwise become Solid Waste are collected, processed and marketed for reuse or return to use in the form of raw materials or products.
"Recycling Container" – Recycling Container shall mean any metal or plastic container, with a capacity of approximately three hundred (300) gallons designed to or intended to be mechanically dumped into a loader-packer type garbage truck and used for Neighborhood Recycling Drop-off Site Services. All such Recycling Containers must be clearly marked in a manner approved by the Town.
"Recycling Services" — Recycling Services shall mean the collection of Single Stream Recyclable Materials from Residential Waste Service Units, or Neighborhood Drop-off Recycling Sites, delivery of Recyclable Materials to Recycling Facility, and processing of Recyclable Materials at the Recycling Facility, and marketing of Recyclable Materials by the Recycling Facility.
“Resident” — Resident shall mean a person residing at a Residential Waste Service Unit.
“Residential Waste Service Area” — Residential Waste Service Area shall mean Residential Waste Service Area as described by separate resolution on file with the Town Clerk.
"Residential Waste Service Unit" — Residential Waste Service Unit shall mean a residential dwelling identified by the Town to receive Residential Waste Services and utilizing a Solid Waste Cart for the accumulation and storage of Residential Solid Waste.
"Residential Waste Services" — Residential Waste Services shall mean the provision of (i) once per week collection of one (1) Solid Waste Cart, Services, (ii) once per week collection of one (1) Recycling Cart, and (iii) once per month collection of six (6) cubic yards of Bulk Waste. Residential Waste Services may include the provision of optional collection of (i) additional Solid Waste Cart(s), (ii) Non-collection Day Solid Waste Cart (iii) additional Recycling Cart(s), (iv) additional collection of Bulk Waste, and (v) collection of Animal Waste, where such election is made pursuant to this Article.
“Single Stream" — Single Stream shall mean a recycling process in which Recyclable Materials are collected mixed together with no sorting required by the Residential Waste Service Unit, Neighborhood Recycling Drop-off Site or other Person generating the Recyclable Materials.
"Solid Waste" — Solid Waste shall mean any garbage, trash, rubbish, waste tire, refuse, sludge from a waste treatment plant, water supply treatment plant or pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material (as set forth in Section 49-701.01(A) of the Arizona Revised Statutes) unless otherwise excluded by the provisions of Sections 49-701.01(B) or 49-701.02 of the Arizona Revised Statutes. Solid Waste shall not include Animal Waste or Excluded Waste.
"Solid Waste Services" — Solid Waste Services shall mean the collection of Solid Waste, delivery of Solid Waste to the Disposal Facility, and the disposal of Solid Waste at the Disposal Facility.
“Telecom Equipment” — Telecom Equipment shall mean telephones, cell phones, CSU/DSU multiplexing equipment, phone systems, answering systems, and other electronic equipment of a similar nature.
“Vector” — Vector shall mean rodents, flies and mosquitoes capable of transmitting disease to humans.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
Except where expressly provided otherwise in this Chapter, this Article shall apply to Solid Waste Services, Bulk Waste Services, Recycling Services, and Animal Waste Services for Residential Waste Service Units.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
The Resident(s) and the property owner (if different than the Resident(s)) of any Residential Waste Service Unit shall be responsible for compliance with all applicable laws relating to the Residential Waste Service Unit, including compliance with this Chapter.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
- Except where expressly provided otherwise in this Article, all Residential Service Units currently served by a water system and located within the Town Residential Waste Service Area shall be provided Residential Waste Services by Town forces, or the Town’s Contractor, and pay the rates as provided by Town resolution. Except where expressly provided otherwise in this Article, every person residing in a Residential Waste Service Unit served by a water system and located within the Town Residential Waste Service Area shall cause Solid Waste, Bulk Waste, and Program Recyclables to be collected by Town forces, or the Town’s Contractor.
- Animal Waste may be collected by Town forces, or the Town’s Contractor, as set forth herein, but is not required.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
Any Residential Waste Service Unit currently served by a water system and located within the Town Residential Waste Service Area may be granted a Temporary Discontinuance of Residential Waste Services by the Town if:
- The Resident in the Residential Waste Service Unit submits a written request for Temporary Discontinuance of Mandatory Residential Waste Services in accordance with the Town’s Application for Temporary Discontinuance of Mandatory Residential Waste Services; and
- The requested period for Temporary Discontinuance of Residential Waste Services is for a minimum period of two (2) consecutive calendar months and a maximum period of six (6) consecutive calendar months; and
- The requested period for Temporary Discontinuance of Residential Waste Services combined with granted written request(s) for Temporary Discontinuance of Residential Waste Services for the same calendar year does not exceed a total of six (6) calendar months for the calendar year; and
- Town receives the Residential Waste Service Unit’s Temporary Discontinuance of Residential Waste Services application for Temporary Discontinuation of Residential Waste Services a minimum of one (1) calendar month and a maximum of three (3) calendar months prior to requested start date for Temporary Discontinuance of Residential Waste Services; and
- The Resident in the Residential Waste Service Unit submits the Temporary Discontinuation Fee in accordance with the Town’s Application Temporary Discontinuance of Residential Waste Services form.
A Resident may terminate the Temporary Discontinuance of Residential Waste Services and resume receiving Residential Waste Services for a Residential Waste Service Unit by following the procedures set forth in the Town’s Application for Temporary Discontinuation of Residential Waste Services form and paying any applicable fee set by the Town. If a Cart(s) or Bulk Waste is placed at the curbside of the Residential Waste Service Unit granted a Temporary Discontinuance of Residential Waste Services during the period of time for which the Temporary Discontinuance of Residential Waste Services has been granted without properly terminating the Temporary Discontinuance of Residential Waste Services as set forth above, the Town shall terminate the Temporary Discontinuance of Mandatory Residential Waste Services and no further Temporary Discontinuance of Residential Waste Services for that Residential Waste Services Unit shall be permitted for twelve (12) consecutive calendar months following the date of termination of the Temporary Discontinuance of Residential Waste Services by the Town. Upon termination of the Temporary Discontinuation of Residential Waste Services, Residential Waste Services will resume, and all rates, charges and fees under § 10-8-13 below will apply commencing on that date forward.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
Except where expressly provided otherwise in this Chapter, Solid Waste, Bulk Waste, Program Recyclables, and Animal Waste shall be accumulated and stored in conformance with the following provisions:
- Solid Waste. Residents shall accumulate and store Solid Waste in bags that are tightly secured to where odors cannot escape, flies or other vectors cannot pass, and uncontained Solid Waste shall not release dust or other particles. Residents shall place bags containing Solid Waste in Carts designated by the Town for collection of Solid Waste with the Cart lid completely closed. Residents shall accumulate and store Solid Waste within the Residential Waste Service Unit until placement as set forth in this Chapter.
- Bulk Waste. Residents shall accumulate and store Bulk Waste within the Residential Waste Service Unit until placement as set forth in this Chapter.
- Program Recyclables. Residents shall not accumulate and/or store Program Recyclables in bags prior to being placed in Recycling Carts or Recycling Containers designated by the Town for collection of Program Recyclables. Residents shall place Program Recyclables in Recycling Carts designated by the Town for collection of Program Recyclables with the Cart lid completely closed. Residents shall place Program Recyclables in Recycling Containers designated by the Town for collection of Program Recyclables as instructed by the Town on the Recycling Container. Residents shall accumulate and store Program Recyclables within the Residential Waste Service Unit until placement as set forth in this Chapter.
- Animal Waste. For Residents electing to receive Animal Waste Services by Town forces, Residents shall accumulate and store Animal Waste to be collected by Town forces, including manure, in bags that are tightly secured so that odors cannot escape, and flies or other vectors cannot pass into or out of the bags. Residents shall dry manure prior to accumulation and storage in tightly secured bags. Residents shall place bags containing Animal Waste in Carts designated by the Town for collection of Animal Waste with the Cart lid completely closed. Residents shall accumulate and store Animal Waste within the Residential Waste Service Unit until placement in the appropriate Cart as set forth in this Article.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
Residents shall place Solid Waste in Carts designated by the Town for collection of Solid Waste, Program Recyclables in Carts designated by the Town for collection of Program Recyclables, and Animal Waste in Carts designated by the Town for collection of Animal Waste at the:
- Solid Waste and Program Recyclables.
- Curbside. For Residents not deemed approved for collection of Solid Waste and Program Recyclables at the backdoor, Residents shall place Solid Waste and Program Recyclables at the curbside with the lids closed, the lids opening toward the street, and a minimum of two (2) feet apart to facilitate automated collection. Residents shall place Carts away from street light poles, mail boxes and parked cars. If parked cars prevent access by mechanized collection vehicles to the sidewalk or driveway, Residents shall place the Carts in the street away from such parked cars. Residents shall not place Carts in such a manner as to create a pedestrian hazard, impair the use of the sidewalk or interfere with vehicular traffic.
- Backdoor. If the Town deems all Residents of a Residential Waste Service Unit are handicapped or due to age or verified physical limitations cannot safely move a Cart, the Residents of such Residential Waste Service Units shall place Solid Waste and Recycling Carts at the backdoor.
- Bulk Waste. Residents shall place Bulk Waste neatly in a consolidated pile at the curbside. Residents shall not place Bulk Waste in a location as to block Carts, to create a pedestrian hazard, impair the use of the sidewalk or interfere with vehicular traffic.
- Animal Waste. For Residents electing to receive Animal Waste Services by Town forces, Residents shall place Carts designated by the Town for collection of Animal Waste at the curbside with the lids closed, the lids opening toward the street, and a minimum of two (2) feet apart to facilitate automated collection. Residents shall place Carts away from street light poles, mail boxes and parked cars. If parked cars prevent access by mechanized collection vehicles to the sidewalk or driveway, Residents shall place the Carts in the street away from such parked cars. Residents shall not place Carts in such a manner as to create a pedestrian hazard, impair the use of the sidewalk or interfere with vehicular traffic.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
Solid Waste, Bulk Waste, Program Recyclables, and Animal Waste shall be placed at the curbside prior to 6:00 a.m. on the designated collection day, but shall not be placed at the curbside before 6:00 p.m. on the day preceding the designated collection day. Carts must be removed from the curb by end of day on the day of collection and shall be secured at the Residential Waste Service Unit between collection days in such a manner that they are not readily susceptible to theft or vandalism.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
Residents shall be responsible for the following:
- Weight Limitations of Carts. Residents to ensure optimal use of Carts and collection equipment and/or prevent the injury or harm to those Town or Contractor staff shall ensure the contents of the Cart shall not exceed two hundred (200) pounds.
- Capacity Limitations of Carts. Residents to ensure optimal use of Carts and collection equipment and/or prevent the injury or harm to those Town or Contractor staff shall ensure the contents of the Cart shall not exceed the following capacity limitations:
- Carts designated for collection of Solid Waste: ninety-five (95) gallons
- Carts designated for collection of Program Recyclables: ninety-five (95) gallons
- Carts designated for collection of Animal Waste
- Animal Waste Half Cart Collection: forty-three (43) gallons
- Animal Waste Full Cart Collection: ninety-five (95) gallons
- Ownership of Carts. All Carts are the property of the Town. Residents shall ensure all Carts remain at the Residential Waste Service Unit after the Residential Waste Service Unit is sold or new Resident(s) move in. Resident shall be responsible for maintaining the Carts at the Residential Waste Service Unit.
- Replacement of Carts. The Town will provide replacement Carts at no additional expense to the Resident of a Residential Waste Service Unit where replacement is necessary because of normal wear and tear caused by proper usage. The Resident of a Residential Waste Service Unit shall be charged and shall be responsible for full payment of a fee set forth by Town Council resolution when replacement of a Cart is required because of something other than normal wear and tear caused by proper usage.
- Maintenance of Carts. The Resident of a Residential Waste Service Unit shall ensure Carts are maintained in a clean and sanitary condition and used only for their intended purpose.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
The initial cost of providing Carts, including the cost of assembling such carts, for newly constructed Residential Waste Service Units shall be set forth by Town Council resolution and shall be paid by the person applying for the initial building permit for each new Residential Waste Service Unit at the same time that the fees for the residential building permit are paid. When property with a Residential Waste Service Unit located thereon is annexed into the Town, the owner of such property shall pay the initial cost to the Town of providing such property with Carts.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
Solid Waste, Bulk Waste, Program Recyclables, and Animal Waste that is not: (i) Excluded Waste or (ii) otherwise prohibited under applicable law or this Chapter, that is set out for collection, transportation, storage, disposal or recovery by the Town shall become the sole property of the Town, or it’s Contractor, when it is taken into the actual or constructive possession of the Town or it’s Contractor.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
The Town Council by resolution may adopt, set or amend the fees, rates, payments, penalties and charges related to this Article 10-9, which resolution shall be on file with the Town Clerk. In addition, the following provisions shall apply:
- When Residential Waste Services are made available, a monthly charge shall be imposed upon all Residential Waste Service Units in accordance with the Town resolution plus any additional fees, taxes, or charges, regardless of how they are designated, that are or may be imposed by the state or federal government, or by a regional authority, in respect to either individual or municipal action relating to this Article. Except as provided in subsection F below or Section 10-9-6 above, the basic monthly charges as described herein shall apply regardless of the nature and extent of services actually provided to a Residential Waste Service Unit by the Town.
- In case of a multiple-dwelling unit, the charge shall be billed to the Resident whom the water bill is addressed and who shall be liable for the payment thereof.
- All charges incurred pursuant to the provisions of this article shall become due and payable when a utility bill is prepared by the Town and shall become a personal debt of the Resident. Except when specific payment arrangements have been made in advance of the delinquent date, all charges levied pursuant to the provisions of this article shall become delinquent as provided under Sections 16-5-14 and 16-5-15 of the Town Code.
- It is the responsibility of the person or persons in whose name or names an account has been established to pay all charges in full and on a timely basis. Failure to receive a utility bill will not excuse the account holder or holders from full and timely payment for the services.
- Charges for first and final bills with billing periods more or less than one (1) month shall be prorated.
- The Town may discontinue monthly service charges to a Residential Waste Service Unit if the Town receives notice from the Resident or owner of the Residential Waste Service Unit, in writing, that the Residential Waste Service Unit(s) have been permanently abandoned, or receives notice from the Town or county health officer that the Residential Waste Service Unit(s) have been condemned as not habitable, or unsanitary and dangerous to human life.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
Amended by Ord. 807-23 on 2/1/2023
It shall be unlawful for any person to do any of the following, all of which shall be a civil code infraction as defined under Section 5-7-1(A), and subject to Article 5-7, of the Town Code:
- To collect Solid Waste, Bulk Waste, or Program Recyclables from Residential Waste Service Units without an executed Agreement for the provision of such services.
- To place or cause to be placed any Solid Waste, Bulk Waste, Program Recyclables, or Animal Waste upon the property of another without proper authority.
- To deposit any Excluded Waste in any cart.
- To place or cause to be placed any Solid Waste, Program Recyclables, or Animal Waste in the Cart belonging to another without proper authority.
- To remove any materials, without proper authority, from any Cart belonging to another which contains materials set out for Residential Waste Services;
- To place or cause to be placed any Solid Waste in the Cart designated by the Town for collection of Program Recyclables or Animal Waste.
- To place or cause to be placed any Animal Waste in the Cart designated by the Town for collection of Solid Waste or Program Recyclables.
- To place or cause to be placed any Program Recyclables in the Cart designated by the Town for collection of Animal Waste.
- To have a Cart that was not issued by the Town for the property where located.
- To encourage, permit or fail to restrain a vicious animal from interfering with employees performing Residential Waste Services acting in the course of their employment. "Vicious animal" means any animal of a vicious species or an animal of a domesticated species, including, but not limited to, cats and dogs, which is prone to, or known to, attack persons without provocation.
- To park a vehicle in such a way as to obstruct access to a Solid Waste, Recycling, or Animal Waste Cart placed out for collection service, to obstruct any right-of-way, or to obstruct or interfere with Residential Waste Services in any other manner.
- To do any act prohibited or to fail to do any act required under this Article.
- To burn Solid Waste, except in incinerators, as may be permitted by the county and the Town. Any burning of Solid Waste must comply with the rules and regulations established by the Arizona Department of Health Services and the U.S. Environmental Protection Agency.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
The Administrator shall make such rules and regulations as may be deemed reasonably necessary concerning the Residential Waste Services and other wastes by the Town, its authorized agents, licensees or permittees, including Contractor; or relating to the operation of any recycling or waste reduction program or other similar activities or facilities. Copies of such rules and regulations shall be filed with the office of the Town clerk. The rules and regulations shall be made available to the public upon request.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
Town may conduct inspections of Carts to ensure compliance with, and knowledge of, the provisions of this Article. The Town may provide notice of compliance violations prior to undertaking formal enforcement action pursuant to procedures established by the Administrator. Inspections of restricted access areas on private property shall not be conducted without prior notice to the Resident or property owner. Prior to collection the Town shall have the right to inspect Carts and their contents.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
The Town has the authority to develop, administer, and enforce rules, regulations and procedures to control vectors in accordance with county and state vector control rules and regulations. All users shall be responsible for properly bagging materials consistent with, and otherwise complying with, such rules regulations and procedures.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
In addition to any other actions or remedies it may pursue, the Town has the authority to repossess Town owned Carts from Residents and/or property owners who fail to comply with the requirements of this Article.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
- Any and all unpaid charges for Residential Waste Services provided pursuant to this Article shall constitute a lien on the real property, lot or tract of land benefited by the Residential Waste Services. The lien shall be imposed in accordance with the applicable law and unpaid charges under this Article may be consolidated with amounts subject to lien upon the Residential Waste Service Unit by the Town.
- In addition, delinquent charges may be collected by a civil suit, instituted in the name of the Town by the Town attorney at the request of the Town at any time after the charges become delinquent. The remedy provided by this section is cumulative and supplemental to all other remedies provided under this article.
- In addition, the Town may assign delinquent accounts to a bona fide collection agency for collection.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
Representatives of the Town may conduct inspections of waste storage, collection, hauling and disposal activities to ensure compliance with, and knowledge of, the provisions of this Article. The Town may provide notice of compliance violations prior to undertaking formal enforcement action pursuant to procedures established by the administrator. These Actions may include, but are not limited to, placing additional carts at the owner’s and/or Resident(s)’ expense, fines, or both, as determined by the administrator. Disposal of hazardous or excluded waste may be removed and disposed of by the Town at either the Resident(s) and/or the property owner’s expense.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
- Application for Exemption. A Resident may apply to the Administrator, in writing on forms provided by the Town, to have an individual Residential Service Unit be exempt from only the Solid Waste Services and Bulk Waste Services requirements of § 10-9-5 if both of the following requirements are met:
- The Residential Service Unit is on a Large Lot; and
- The Resident can establish to the satisfaction of the Administrator that the Resident has available and will utilize alternative services for disposal of Solid Waste that fully comply with all Town, county, state, and federal rules, regulations and statues that apply to such disposal.
- Determination of Exemption. Upon a determination by the Administrator that all of the above requirements have been fully met, the Administrator shall have discretion to grant an exemption for the Residential Service Unit upon such conditions as the Administrator may determine are appropriate, if the Administrator determines that an exception is consistent with the purpose of this Article as set forth in § 10-9-1 of this Article and is in the best interest of the Town. A resident may appeal the determination of the Administrator by filing a written appeal with the Town Clerk within ten (10) business days after the date of the Administrator’s determination, and all such appeals will be resolved by the Town Manager, if the Town Manager is not acting as the Administrator, or by the Town Council if the Town Manager is acting as the Administrator, within a reasonable time after the filing of the appeal.
- Recycling Services Applicable to Exempt Residential Service Unit. Any Residential Services Unit granted an exemption as provided herein shall continue to receive Recycling Services, and other community-wide services, and shall be billed for and pay the fees, rates, taxes and other charges adopted by the Town applicable to Recycling Services pursuant to § 10-9-13 of this Article as long as the exemption is in effect.
HISTORY
Adopted by Ord. 469-10 on 1/20/2010
10-10-1 Introduction10-10-2 Purpose10-10-3 Definitions10-10-4 Enforcement, Violations, Notices And Penalties10-10-5 Applicability10-10-6 Illicit Non-Stormwater Drainage And Connections10-10-7 Construction Site Stormwater Runoff Pollution Control10-10-8 Post-Construction Stormwater Management10-10-9 Industrial Activity Discharges10-10-10 Requirement To Prevent, Control, And Reduce Stormwater Pollutants By The Use Of Best Management Practices10-10-11 Notification Of Spills10-10-12 Compliance Monitoring10-10-13 Violations Deemed A Public Nuisance10-10-14 Remedies Not Exclusive10-10-15 Compatibility With Other Regulations10-10-16 Severability10-10-17 Disclaimer10-10-18 Other Regulatory Requirements10-10-19 Town Permits And ApprovalsHISTORY
Adopted by Ord. 675-18b on 9/5/2018
The Town of Queen Creek (Town) meets the minimum federal requirements for designation by the United States Environmental Protection Agency (EPA) as a small Municipal Separate Storm Sewer operator or MS4. As a small MS4, the Town is required by the Federal Water Pollution Control Act of 1972, 33 U.S.C. Sec. 1251 et seq. commonly known as the “Clean Water Act” (as amended), to implement and enforce a program to improve to the maximum extent practicable the quality of Stormwater in the Town’s Stormwater conveyance system.
- Statutory Authorization
The Town may enact a Stormwater ordinance pursuant to A.R.S. §§ 11-251.66 and 49-371. The Town, as an MS4 under Phase II of the National Pollutant Discharge Elimination System (NPDES) Stormwater program of the EPA, is empowered to regulate Stormwater by the authority of the Clean Water Act.
- Title
This ordinance shall be known as the “Town of Queen Creek Stormwater Quality Management and Discharge Control Ordinance.”
- Required Permit for Town
This ordinance ensures that the Town is compliant with its Arizona Pollutant Discharge and Elimination System (AZPDES) General Permit for Stormwater Discharges from Small Separate Storm Sewer Systems (Stormwater Permit) requirements by establishing methods for controlling the introduction of pollutants into the Town’s MS4.
The Town’s Stormwater Permit and federal regulations (40 CFR 122.34) require the Town to implement and maintain six minimum control measures (MCMs). They are:
1. Public education and outreach on Stormwater impacts;
2. Public involvement and participation;
3. Illicit drainage detection and elimination;
4. Construction site Stormwater runoff control;
5. Post-construction Stormwater management in new development and redevelopment;
6. Pollution prevention/good housekeeping for municipal operations.
This ordinance addresses the Stormwater Permit requirements for MCMs three, four and five. MCMs one, two, and six are related to the Town’s Stormwater Management Plan and addressed therein.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of Town by prohibiting the introduction of non-Stormwater drainages to the storm drainage system to the maximum extent practicable as required by federal and state law. This ordinance will also protect Waters of the U.S. (as defined herein) within the Town by improving the quality of the Stormwater runoff from urbanized areas to the Town-owned MS4 system by implementing best management practices (BMPs) by the Town and its citizens.
The objectives of this ordinance are:
- To regulate the contribution of pollutants to the Town MS4 by Stormwater drainage in urbanized areas by any user.
- To prohibit illicit connections and drainages to the Town MS4.
- To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with the Stormwater Permit.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
For the purposes of this ordinance, the following shall mean:
- “ADEQ” – means the Arizona Department of Environmental Quality.
- “Administrator” – means the Town Manager of the Town, or his designee or designees, who shall represent the Town in the administration of this Article.
- “AZPDES” – means the Arizona Pollutant Discharge Elimination System program as adopted under section 402(b) of the Clean Water Act.
- “AZPDES Permit” – means a permit issued by the Arizona Department of Environmental Quality pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to Waters of the U.S.
- “Best Management Practices” or “BMPs” – means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, other management practices to prevent or reduce the introduction of pollutants directly or indirectly to the Town MS4 or Storm Drainage Systems connected to the MS4 and the prohibition of specific activities, practices, and procedures and such other provisions as the Enforcement Officer determines appropriate for the control of pollutants. BMPs also include treatment practices, operating procedures, and practices to control the following; site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
- “Civil Hearing Officer” – a Civil Hearing Officer shall be appointed by the Town Manager and may hear all civil code infractions and make such orders as may be proper and necessary to dispose of such cases. Such cases shall be heard without a jury. The Civil Hearing Officer shall adopt such local rules of procedure as may be necessary to implement the hearing of civil code infraction cases. The Civil Hearing Officer shall be the person with authority to hear complaints related to violations and to issue penalties for violations of Chapter 10, Health and Sanitation and for violations of the Zoning Ordinance."
- “Clean Water Act” – means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
- “CFR” – means Code of Federal Regulations.
- “Construction Activity” – means activities subject to NPDES and/or AZPDES Construction Permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
- “Discharge” – means any addition of any pollutant to navigable waters from any point source.
- “Disturbance” – means the result of altering soil from its native or stabilized condition thereby rendering it subject to movement or erosion by water to potentially become, or becoming a pollutant in site Stormwater runoff; also means soil disturbance.
- “Drainage System” – means all facilities and natural features used for the movement of Stormwater through and from a drainage area, including, but not limited to, any and all of the following: conduits; pipes and appurtenant features; channels; ditches; flumes; culverts; streets; swales; gutters as well as all watercourses, water bodies, and wetlands.
- “EPA” – means the United States Environmental Protection Agency.
- “Erosion” – means the wearing away of land surface by water or wind that occurs from weather or runoff, but is often intensified by human activity.
- “Enforcement Officer” – means any person, who is either an employee, agent or independent contractor, authorized by the Town Manager to administer, implement and enforce the provisions of this ordinance and who has authority to enforce the Town of Queen Creek rules, regulations, resolutions and ordinances. The “Enforcement Officer” may include more than one person including a civil hearing officer acting in compliance with A.R.S. § 9-500.21.
- “Facility” – means any land, building, installation, structure, equipment, device, conveyance, area, source, activity or practice from which there is, or with reasonable probability may be, the introduction of Stormwater to the Town MS4 or Storm Drainage Systems connected to the MS4.
- “Hazardous Materials” – means any material, including any substance, waste, or combination thereof, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
- “Illegal Drainage” – means any direct or indirect non-Stormwater drainage to the County MS4 or a Storm Drainage System connected to the MS4, except as exempted in Section 10.9.6 this ordinance.
- “Illicit Connection” – means either of the following:
- Any drain or conveyance, whether on the surface or subsurface that allows illegal drainage to enter any Storm Drainage System including but not limited to any conveyances that allow any non-Stormwater drainage including sewage, process wastewater, and wash water to enter the Town MS4 or any Storm Drainage System and any connections to the Town MS4 or any Storm Drainage System from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency, or
- Any drain or conveyance connected from a commercial or industrial land use to the Town MS4 or any Storm Drainage System that has not been documented in plans, maps, or equivalent records and approved by an authorized regulatory or enforcement agency.
- “Illicit Discharge” – means any discharge to an MS4 that is not composed entirely of Stormwater, except discharges pursuant to an NPDES permit (other than the NPDES Stormwater Permit) and discharges resulting from fire fighting activities.
- “Impervious Surface” – means a surface that has been compacted or covered with a layer of material so that it is resistant to infiltration by water. It includes semi-pervious surfaces such as compacted clayey soils, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces. “Net Increase of Impervious Surface” refers to the difference between the existing impervious coverage and the total impervious surface proposed.
- “Industrial Activity” – means activities subject to NPDES Industrial Stormwater Permits as defined in 40 CFR, Section 122.26 (b) (14).
- “Urbanized Area” – means the area depicted by the most recent U.S. Census published “urbanized” area (UA) map and as may be identified by future Decennial Census.
- “Land Disturbance” – means soil disturbance or any site disturbance.
- “Land Surveyor” – means a land surveyor licensed to practice land surveying in the State of Arizona.
- “Maintenance” – means the action taken to restore or preserve the as-built functional design of any facility or system.
- “Municipal Separate Storm Sewer System” or “MS4” – means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, natural conveyances or storm drains) owned or operated by the Town and designed or used for collecting or conveying Stormwater, and that is not used for collecting or conveying sewage. Also the Town MS4.
- “National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit” – means a permit issued by the EPA, or by a State under authority delegated pursuant to 33 U.S.C. § 1342(b), that authorizes the discharge of pollutants to Waters of the U.S., whether the permit is applicable on an individual, group, or general area-wide basis.
- “Non-Stormwater Drainage” – means any drainage to the County MS4 or a Storm Drainage System that is not composed entirely of Stormwater.
- “Nuisance” – means the unreasonable or unlawful use of real or personal property that may obstruct or injure the right of another or the public and producing such material annoyance, inconvenience, discomfort, or hurt, that the Enforcement Officer presumes such use will result in damage. This definition includes the conditions listed in A.R.S. 36- 601 as public nuisances dangerous to public health.
- “Operator” – means an operator of a construction site, such as the developer, is one who maintains overall operational control over construction plans and specifications, including the ability to change these plans and specifications. An operator can also be one who maintains day-to-day operational control over activities that will ensure compliance with the Stormwater Pollution Prevention Plan (SWPPP), such as the general contractor or subcontractor.
- “Outfall” – means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two MS4s or pipes, tunnels or other conveyances that connect segments of the same stream of other waters of the United States and are used to convey waters of the United States.
- “Owner” – means the person, persons, or entity whose name appears on the title or deed to the subject property or properties.
- “Permit” – means a written permit to operate or discharge, issued by the Town of Queen Creek or other regulatory authority.
- “Permittee” – means the person, agency or entity authorized to conduct the work specified in accordance with the conditions of the Stormwater permit(s) and as described in the application, approved drawings, plans, and other documents on file with the Town.
- “Person” – means any individual, organization, public or private corporation or other entity recognized by law, company, partnership, firm, association or society of persons, the Federal Government and any of its departments or agencies, or the State and any of its departments or agencies, or political subdivisions.
- “Pollutant” – means any agent introduced to Stormwater or non-Stormwater through human activity that may cause, potentially cause, or contribute to the degradation of water quality. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; dredged spoil, rock, sand or silt; and noxious or offensive matter of any kind.
- “Post-construction” – means, for purposes of this ordinance, that regulated category of construction for new developments and redevelopments that results in the establishment of permanent Stormwater pollution prevention devices, or structural BMPs, built in compliance to the Town’s design standards and also includes long-term operations and maintenance (O&M) programs, or non-structural BMPs, to be permanently associated with the Stormwater pollution devices or controls at the new development upon completion of the land disturbing activity.
- “Premises” – means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
- “Redevelopment” – Projects that alter the “footprint” of an existing site or building in such a way that there is a disturbance of equal to or greater than one (1) acre of land. Redevelopment projects do not include such activities as exterior remodeling, which would not be expected to cause adverse Stormwater quality impacts and offer no new opportunity for Stormwater controls.
- “Sewage” – means wastes from toilets, baths, sinks, lavatories, laundries, and other plumbing fixtures in residences, institutions, public and business buildings, mobile homes, watercraft, and other places of human habitation, employment, or recreation.
- “Storm Drainage System” – means public and private drainage facilities other than sanitary sewers within the urbanized area of the Town by which Stormwater is collected and/or conveyed to the Town MS4, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
- “Stormwater” – means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
- “Stormwater Management Plan” or “SWMP” – means a document that describes the BMPs and activities and measures to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions and measures to eliminate or reduce the introduction of pollutants to Stormwater, the Town MS4, or Storm Drainage Systems connected to the MS4 to the maximum extent practicable (MEP).
- “Stormwater Pollution Prevention Plan” or “SWPPP” – means the Stormwater Pollution Prevention Plan associated with the permit for a site.
- “Town” – means the Town of Queen Creek, Arizona.
- “Urbanized Area” – means a portion of the Town that has a population density of at least 1,000 people per square mile and/or meets other criteria set by the U.S. Bureau of Census in the latest Decennial Census.
- “Wastewater” – means liquid and water-carried industrial waste and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are conveyed to the Town collector system and publicly owned treatment works.
- “Waters of the U.S.” – As defined in 33 CFR 328.3(a) and 40 CFR 230.3(s).
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
- Responsibility for Administration
- The Enforcement Officer, acting through and designated by the Town Manager, shall administer, implement and enforce the provisions of this ordinance involving Stormwater. The Enforcement Officer may enforce the provisions of this ordinance when reasonable cause exists to believe that any person has violated or is in violation of any provision of this ordinance.
- The Administrator or his designee or designees represent the Town in the administration of this ordinance.
- Violations, Notices and Penalties of General Applicability
- Except as otherwise specifically provided in this Chapter or State Statute, obligations and offenses related to this Article are set forth in Article 9-21 of the Town Code.
- Civil matters shall be tried before the civil hearing officer in accordance with the provisions of Chapter 5, Section 7 of the Town code. When appropriate, civil matters may also be tried before a justice of the peace or a county hearing officer.
- This ordinance shall not apply during a period of public emergency as declared by the Town, state authorities or federal authorities, or if the operation is directed by a peace officer or other public authority.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
Amended by Ord. 764-21 on 9/15/2021
This ordinance applies to all urbanized areas of the Town, as defined herein and depicted by the most recent U.S. Census published “urbanized” area (UA) map and as may be identified by future Decennial Census.
This ordinance applies to all water entering the Town MS4 or Storm Drainage System connected to the MS4 in the urbanized areas of the Town and generated on any developed and undeveloped lands unless explicitly exempted in this ordinance.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
- Prohibition of Non-Stormwater Drainage
- No person shall throw, drain, or otherwise introduce, cause, or allow others under its or their control to throw, drain, or otherwise introduce into the Town MS4 or into the Storm Drainage System connected to the Town MS4 any pollutants or waters containing any pollutants, other than Stormwater.
- The commencement, conduct or continuance of any illegal drainage to the Town MS4 or any Storm Drainage System is prohibited except as described as follows:
- The following types of drainage are exempt from prohibitions established by this ordinance:
- Water line flushing, irrigation water, landscape irrigation, lawn watering, return flow from irrigated agriculture, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, drainages from potable water sources, foundation drains, air conditioning condensation, springs, water from crawl space pumps, footing drains, individual residential car washing, flows from riparian habitats and wetlands, de-chlorinated swimming pool drainages, and street wash water.
- Drainage or flow from firefighting (including fire fighting training).
- Drainage associated with dye testing (e.g., for leak detection).
- Other drainages specified in writing by the Enforcement Officer as being necessary to protect public health and safety.
- This drainage prohibition shall not apply to any non-Stormwater drainage permitted under an NPDES permit, waiver, or waste drainage order issued to the discharger and administered under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any drainage to a Storm Drainage System.
- The Administrator may evaluate and remove any of the above exemptions if it is determined that they are significant sources of pollutants pursuant to 40 CFR 122.34.b.3.ii.
- Prohibition of Illicit Connections
- The construction, use, maintenance or continued existence of illicit connections to the Town MS4 or any Storm Drainage System is prohibited.
- This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
- A person is in violation of this ordinance if the person connects a line conveying non-Stormwater to the Town MS4, or allows such a connection to continue.
- Illicit connections must be disconnected and redirected to an appropriate approved waste disposal system.
- Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the Storm Sewer System, shall be located by the owner or occupant of that property upon receipt of written Notice of Violation from the Enforcement Officer requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other drainage point be identified. Results of these investigations are to be documented and provided to the Enforcement Officer.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
- Introduction
- Runoff from construction sites may be a major source of pollution and is subject to federal, state and local requirements to improve Stormwater quality. With few exceptions, these requirements include the development and implementation of a SWPPP for every construction activity as defined herein within the urbanized areas of the Town. That SWPPP may be reviewed by the State. SWPPPs may be reviewed at the construction site by the Enforcement Officer. Stormwater treatment measures (BMPs) may be required along with inspections by the Town or State to determine compliance with the SWPPP and the installation and management of the BMPs.
- In accordance with its own Stormwater Permit requiring it to reduce construction site Stormwater pollution in its urbanized area, the Town has established a Subdivision Ordinance and a companion Design Standards and Procedures Manual, which document the procedures and review process for construction site stormwater runoff control.
- Construction Site Regulation
- An owner or operator who intends to disturb an area of land that is equal to or greater than one acre, or that is less than one acre but is part of a larger plan of development shall obtain permit coverage from the ADEQ. A copy of the Notice of Intent (NOI) to be bound by the State’s general construction permit, including the number and date of application, or evidence of the State’s construction permit obtained by the owner or operator, must be filed with the Enforcement Officer prior to the start of the land disturbance as required by ADEQ.
- The SWPPP for the construction site is to remain at the site and is to be made available to the Enforcement Officer. At the start of and during construction the Enforcement Officer may inspect any site to determine that the SWPPP for the site is being followed and that the indicated BMPs have been properly installed and satisfactorily maintained. If the SWPPP has not been implemented and/or if the BMPs onsite have not been satisfactorily installed or maintained, the Department will notify the owner or operator of the deficiencies. If the owner or operator fails to satisfactorily address these issues within 7 days of notification of the deficiencies, a compliance order will be issued by the Enforcement Officer and a complaint shall be referred to the County Attorney as provided herein and in A.R.S.§ 49-261. The Enforcement Officer has the authority to issue a stop work order, seek an injunction to stop the work as provided herein, and pursue civil or criminal penalties.
- Exemptions
Coverage under a Town Stormwater approval for construction is not required for sites over one acre for:
- Regular maintenance activities performed within the original line, grade or capacity of a facility.
- Construction projects where the operator can prove that there is no reasonable probability that Stormwater can leave the site.
- A site that qualifies for an erosivity waiver for activities in low-risk soil conditions.
- A site already covered by an individual NPDES permit with Stormwater provisions.
- Emergency construction activities required to protect public health and safety.
- Transfers of Approvals
An approval may be transferred by the submittal of a Town transfer of coverage form that includes assurances by the new owner that the approved SWPPP and BMP requirements will be met.
- Termination of Coverage
Coverage under the construction approval will end when a Notice of Termination (NOT) is filed with the Town and an inspection by the Enforcement Officer has confirmed that the entire site has been stabilized and landscaping and paving complete (as described in the Design Standards and Procedures Manual).
- Compliance Monitoring
- Right of Entry for Inspections and Observations
- Inspections shall be conducted in accordance with the rules and regulations provided in A.R.S. § 41-1009. An Enforcement Officer conducting an inspection shall, unless otherwise provided by law, present photo identification on entry of the premises, state the purpose of the inspection and the legal authority for conducting the inspection, disclose any applicable inspection fees, and allow the Owner, Operator, or an authorized representative to accompany the Enforcement Officer, except during confidential interviews.
- If an Owner or Operator holding an approval has security measures in force that require proper identification and clearance before entry into its premises, the Owner or Operator shall make the necessary arrangements to allow the Enforcement Officer access to the premises.
- Owners or Operators holding an approval or their designated representatives shall allow the Enforcement Officer ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES and/or AZPDES permit to discharge Stormwater, and to determine performance of any additional duties required by the approved plans or by applicable state and federal Stormwater regulations.
- Any temporary or permanent obstruction to safe and easy access to the site or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Enforcement Officer and shall not be replaced. The costs of clearing such access shall be borne by the operator.
- Unreasonable delay in allowing the Enforcement Officer access to an approved facility is a violation of this ordinance. A person who is the owner or operator of a facility with an NPDES or AZPDES permit to discharge Stormwater associated with industrial activity violates the permit terms if the person denies the Enforcement Officer reasonable access to the permitted facility for conducting any activity authorized or required by this ordinance.
- Search Warrants
- If the Enforcement Officer has been refused access to the premises, then the Enforcement Officer may seek issuance of a search warrant from any court of competent jurisdiction in addition to issuing a compliance order, seeking an injunction, and assessing appropriate civil or criminal penalties under Title 49, Arizona Revised Statutes.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
- Introduction
The goal of this post-construction Stormwater management program is to protect public safety and public infrastructure, reduce erosion on private properties and stream channels, and protect the quality of Waters of the U.S. to the maximum extent practicable. The goals are achieved by maintaining and/or restoring natural drainage patterns, minimizing grading and disturbance, and minimizing the extent of impervious cover, as well as encouraging the use of a variety of BMPs for reducing the pollutant loadings from newly developed and redeveloped sites. These goals will be accomplished by requirements to, among other things, reduce the magnitude and extent of impervious cover and site disturbance, remove pollutants from runoff prior to the introduction of Stormwater to the Town MS4, and promote effective operation and maintenance of all Stormwater facilities.
- Applicability
The Town will develop, implement, and enforce a program to address post-construction Stormwater runoff from new development and redevelopment projects that disturb one (1) or more acres of land (or less than one (1) acre if part of a common plan of development) that discharge into the Town’s MS4. The post-construction requirements in this Section apply to permanent Stormwater management facilities, systems and/ or devices. Stormwater management during construction activities is regulated separately pursuant to Section 10-10-6 of this ordinance.
- Objectives
In order to protect the health, safety and general welfare of the residents of the Town, as well as to protect, sustain and enhance the quality of the Waters of the U.S. in and adjacent to the Town, drainage and Stormwater management practices shall be utilized as directed herein to achieve the following objectives:
- Accommodate site development and redevelopment in a manner that protects public safety and that is consistent with federal and state water quality requirements and the requirements of the Phase II Stormwater permit for the Town.
- Protect water quality to the maximum extent practicable by removing and/or treating pollutants prior to the introduction of Stormwater to the Town MS4 or any Storm Drainage System connected to the MS4 throughout the Town.
- Promote effective long-term operation and maintenance of all permanent Stormwater management facilities.
- Treat and release Stormwater as close to the source of runoff as possible using a minimum of structures and maximizing reliance on natural processes.
- Address certain requirements of the Phase II Stormwater Permit regulations.
- Reduce the environmental impacts of Stormwater pollution from existing developed sites undergoing redevelopment while encouraging development and redevelopment in urban areas and areas designated for growth.
- General Requirements
- The management of Stormwater onsite, both during and upon completion of the land disturbances described above shall be accomplished in accordance with the standards and criteria of this ordinance and the requirements of the Town of Queen Creek Design Standards and Procedures Manual, the Queen Creek Subdivision Ordinance, and any applicable county floodplain regulations. The design of any temporary or permanent facilities and structures and the utilization of any natural drainage systems shall be in full compliance with this ordinance and any other applicable regulation.
- Construction and Operation Responsibilities
- “As Built” Plans. When construction is complete the applicant shall submit to the Department an actual “as built” plan for all Stormwater management facilities required per the approved Stormwater permit. The “as built” plan shall show all final design specifications for all permanent Stormwater facilities and if necessary shall be prepared and certified by a licensed professional engineer or land surveyor registered in the State of Arizona. The “as built” plan shall be based on an actual field survey. The “as built” plan shall be submitted to the Department for review and final inspection by the Department. Any performance and/or financial securities established for the project by the Department shall include requirements for submittal of “as built” plans.
- Ownership and Maintenance
- All Stormwater management facilities, systems and/or devices identified within an approved Stormwater permit shall be owned and maintained by one, or a combination of, the following entities:
- An individual for his or her own on-lot Stormwater management facilities not constructed as part of a subdivision and/or land development plan.
- Where individual on-lot Stormwater management facilities, systems and/ or devices are proposed in a subdivision or other development greater than one acre, the subdivision and/or land development plan and plat shall contain a note in a form satisfactory to the Department designating the entity responsible for operation and maintenance of the on-lot facilities consistent with an approved operation and maintenance plan.
- An entity that owns or has a perpetual right to access the land on which the Stormwater management facilities, system and/ or devices are located. The operation and maintenance obligation runs with the land and is binding upon the initial grantees of each lot and his, her, or their heirs, administrators, successors or assigns. Stormwater management facilities, systems and/ or devices or the ownership of the land on which they are located may not be deeded or dedicated to the County or the Flood Control District.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
- Submission of NOI or Other Proof of Compliance to the Town
- Any person subject to an industrial activity individual or general NPDES or AZPDES discharge permit, upon request, may be required to provide a copy in a form acceptable to the Administrator, prior to the allowing of discharges to the Town MS4.
- The owner or operator of a facility required to have an individual NPDES or AZPDES permit to discharge Stormwater associated with industrial activity shall obtain proof of the permit, or if under a general permit, a copy of the NOI.
- Any person found owning or operating a facility or owning a site that is not exempt, that does not have an NPDES or AZPDES permit, and is discharging Stormwater associated with industrial activity within the Town MS4 may be reported to the EPA and/or the ADEQ.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
- Any activity, operation, or facility that may cause or contribute to pollution or contamination of Stormwater that discharges to any Storm Drainage System connected to the Town MS4 must implement BMPs for managing Stormwater. The owner or operator of such activity, operation, site or facility shall provide, at their own expense, reasonable protection from accidental introduction of prohibited materials or other wastes into any Storm Drainage System using BMPs. These BMPs shall be part of SWPPP as necessary for compliance with requirements of the AZPDES permit.
- Any person responsible for a property or premise that is, or may be, the source of illegal non-Stormwater drainage as described in Section 10-10-6(A), may be required to implement, at said person’s expense, additional BMPs to prevent the further drainage of pollutants.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
- Notwithstanding other requirements of law, as soon as any person responsible for a facility, site or operation, including construction sites, or responsible for emergency response for a facility, site or operation has information of any known or suspected release of materials that are resulting or may result in the illegal introduction of pollutants into a Storm Drainage System connected to the MS4 or the Town MS4 shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the Administrator in person, by phone, or by e-mail no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Town within ten calendar days of the phone notice. If prohibited materials emanate from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the release and the actions taken to prevent its recurrence. Such records shall be retained for at least one year or as may otherwise be required by applicable state or federal law.
- Failure to provide notification of a release as provided above is a violation of this ordinance.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
The Town shall be permitted to enter and inspect property subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance.
- Inspections shall be conducted in accordance with the rules and regulations provided in A.R.S. 41-1009.
- If the owner or operator of a facility has security measures in force, which require proper identification and clearance before entry into its premises, the property owner shall make the necessary arrangements to allow access to representatives of the Town, including the Enforcement Officer.
- Any temporary or permanent obstruction to safe and easy access to the property to be inspected shall be promptly removed by the property owner at the written or oral request of the Town, including the Enforcement Officer, and shall not be replaced. The costs of such access shall be borne by the property owner.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
In addition to the enforcement process and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Town to seek cumulative remedies.
The Town may recover all attorneys’ fees, court costs, and other expenses associated with enforcement of this ordinance, including monitoring expenses.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards of human health or the environment shall control.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provision or application of this ordinance.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized drainage of pollutants.
Neither submission of a plan or permit under the provisions herein, nor compliance with the provisions of this ordinance, shall relieve any person from responsibility for damage to any person or property otherwise imposed by law.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
Permits and approvals issued pursuant to this ordinance shall not relieve the applicant of the responsibility to comply with or to secure other required permits or approvals for activities regulated by any other applicable code, rule, regulation, act, statute or ordinance. This ordinance shall not preclude the inclusion in such other permit of more stringent requirements concerning regulation of Stormwater and erosion.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
An application for any discretionary permits or approvals issued by the Town shall be accompanied by plans demonstrating how the development project will comply with the requirements of this ordinance. The permit or approval shall not be granted unless the decision maker determines that the development project complies with the applicable requirements of this ordinance. If a person applies for any one permit from the Town, that person is not relieved from the obligation to obtain any other applicable Town permit or permits.
HISTORY
Adopted by Ord. 675-18b on 9/5/2018
10-11-1 Enforcement Officers10-11-2 Civil Offenses10-11-3 Procedure10-11-4 State Law PenaltiesExcept as otherwise specifically provided in this Chapter 10, the provisions of this Chapter may be enforced as set forth in Section 9-21-1 of the Town Code.
HISTORY
Amended by Ord. 764-21 on 9/15/2021
Except as otherwise specifically provided in this Chapter or State Statute, obligations and offenses related to this Chapter are set forth in Article 9-21 of the Town Code.
HISTORY
Amended by Ord. 764-21 on 9/15/2021
Civil matters shall be tried before the civil hearing officer in accordance with the provisions of Chapter 5 of this Code.
When appropriate, civil matters may also be tried before a justice of the peace or county hearing officer.
HISTORY
Amended by Ord. 764-21 on 9/15/2021
Nothing in this Chapter 10 regarding civil penalties shall be interpreted or applied to prevent a law enforcement officer from imposing criminal penalties as provided by state law.
HISTORY
Amended by Ord. 764-21 on 9/15/2021
ARTICLE 11-1 GENERALARTICLE 11-2 PERMANENT TRAFFIC CONTROLARTICLE 11-3 TEMPORARY TRAFFIC CONTROLARTICLE 11-4 PARKINGARTICLE 11-5 OPERATION OF BICYCLES AND OTHER POWER-DRIVEN MOBILITY DEVICESARTICLE 11-6 SHARED BICYCLES OR SHARED OTHER POWER-DRIVEN MOBILITY SYSTEMSARTICLE 11-7 RESERVEDARTICLE 11-8 RESERVEDARTICLE 11-9 RESERVEDARTICLE 11-10 RESERVEDARTICLE 11-11 RESERVEDARTICLE 11-12 RESERVEDARTICLE 11-13 RESERVEDARTICLE 11-14 Removal, Seizure, Impound, And ReleaseARTICLE 11-15 PENALTIESHISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
11-1-1 Definitions11-1-2 Traffic Engineer11-1-3 Enforcement
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 on 11/1/2023
The following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning. Should any definition in conflict with A.R.S. Title 28, the definition under state law shall apply, and any substantive amendment to the referenced section in state law will be automatically incorporated into the definitions below:
“Bicycle” (as defined in A.R.S. § 28-101) means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride, and that has either:
- Two tandem wheels, either of which is more than 16 inches in diameter,
- Three wheels in contact with the ground, any of which is more than 16 inches in diameter.
“Bicycle Lane” means a path or lane specifically designated for the preferential or exclusive use of bicycles.
“Bus Zone” means an area specifically reserved for the loading and unloading of bus passengers.
“Conveyance,” for the purposes of Chapters 9 and 11 of this Code, shall be construed to embrace any means of hauling or transportation including, but not limited to, bicycles, electric bicycles, electric miniature scooters, motorized gas-powered bicycles, micromobility devices, mopeds, motor-driven cycles, motorcycles, motor vehicles, motorized play vehicles, motorized skateboards, motorized quadricycles, trailers (of any kind), recreational vehicles, loaders, backhoes, skidders, excavators, tractors, motor homes, wagons, carts, or other vehicles.
“Crosswalk” means:
- That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs from the edges of the traversable roadway, or
- Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
"Driver" means a person who drives or is in actual physical control of a vehicle.
“Electric Bicycle” (as defined in A.R.S. § 28-101) means a bicycle or tricycle that is equipped with fully operable pedals and an electric motor of less than 750 watts, which meets the requirements of a Class 1, Class 2, or Class 3 electric bicycle. Except as otherwise provided in this chapter or state law, an electric bicycle is subject to the same provisions of this article as a bicycle.
- "Class 1 electric bicycle” means a bicycle or tricycle that is equipped with an electric motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle or tricycle reaches the speed of 20 miles per hour.
- “Class 2 electric bicycle” means a bicycle or tricycle that is equipped with an electric motor, which may be used exclusively to propel the bicycle or tricycle and is not capable of providing assistance when the bicycle or tricycle reaches the speed of 20 miles per hour.
- “Class 3 electric bicycle” means a bicycle or tricycle that is equipped with an electric motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle or tricycle reaches the speed of 28 miles per hour.
"Electric Miniature Scooter" (as defined in A.R.S. § 28-101) means a device that weighs less than 30 pounds, has two or three wheels, has handlebars, has a floorboard on which a person may stand while riding, is powered by an electric motor or human power, or both, and has a maximum speed that does not exceed 10 miles per hour, with or without human propulsion, on a paved level surface.
“Electric Personal Assistive Mobility Device” (as defined in A.R.S. § 28-101) means a self-balancing device with one wheel or two non-tandem wheels and an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less and is designed to transport only one person.
“Electric Scooter” means a device that weighs less than 75 pounds, has no more than four wheels, has handlebars, is designed to be stood upon or seated by the operator, and is powered by an electric motor that is capable of propelling the device with or without human propulsion at a maximum speed of less than 20 miles per hour. This does not include a motorized wheelchair, power chair, or other electric devices that are designed primarily to assist with mobility.
“Electric Skates” means any shoe, boot, footwear, platform, or device to which one or more wheels are attached, and has an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less and is designed to transport only one person.
“Electric Standup Scooter” (as defined in A.R.S. § 28-101) means a device that weighs less than 75 pounds, with no more than three wheels, has handlebars, is designed to be stood upon by the operator, and is powered by an electric motor that is capable of propelling the device with or without human propulsion at a maximum speed of less than 20 miles per hour.
“Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which conveyances traveling on different highways joining at any other angle may come in conflict. If a highway includes two roadways 30 or more feet apart, each crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways 30 or more feet apart, each crossing of two roadways of the highways is a separate intersection.
“Median” means an area in the approximate center of a street that is used to separate the directional flow of traffic.
“Micromobility Device” means an electric personal assistive mobility device, electric skates, an electric scooter, or an electric standup scooter. It does not include bicycles, electric bicycles, electric miniature scooters, motorized gas-powered bicycles, mopeds, motor-driven cycles, motorcycles, motor vehicles, motorized play vehicles, motorized skateboards, motorized quadricycles, and personal delivery devices. The town manager or designee shall have the authority to designate additional types of devices as micromobility devices consistent with the law, so long as such designation is posted on the town's website.
“Moped” (as defined in A.R.S. § 28-101) means a bicycle, not including an electric bicycle, an electric miniature scooter, an electric standup scooter, a motorized electric- powered bicycle, or a motorized gas-powered bicycle that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one-half or less and a maximum speed of twenty-five miles per hour or less on a flat surface with less than a one percent grade. As outlined in A.R.S. § 28-101, a moped is considered a motor vehicle;, as such, the operator must have a driver’s license, registration, and insurance to operate on town property (as outlined in A.R.S § 28-2513 and 28- 4135).
“Motorcycle” (as defined in A.R.S. § 28-101) means a motor vehicle that has a seat or saddle for the use of the rider, and that is designed to travel on not more than three wheels in contact with the ground but excludes a tractor, an electric bicycle, an electric miniature scooter, an electric scooter, and a moped.
“Motor-Driven Cycle” (as defined in A.R.S. § 28-101) means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower (75cc) but does not include an electric bicycle, an electric miniature scooter, or an electric scooter.
“Motorized Gas-Powered Bicycle” (as defined in A.R.S. § 28-2516) means a bicycle or tricycle that is equipped with a gas-powered helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less, that may also be self-propelled, and that is operated at speeds of less than twenty miles per hour. It does not include an electric bicycle, a motorized electric-powered bicycle, or a moped. Except as otherwise provided in this chapter or state law, a motorized gas-powered bicycle is subject to the same provisions of this article as a bicycle.
“Motorized Play Vehicle” means a device that is self-propelled by a motor or engine and that is not otherwise defined in A.R.S., Title 28, or Town Code, as an electric bicycle, electric miniature scooters, motorized gas-powered bicycle, moped, motor-driven cycle, motorcycle, motor vehicle, motorized skateboard, motorized quadricycle, motorized wheelchair, electric personal assistive mobility device, or other micromobility device. This does not include battery-operated toy carts designed for children under the age of eight years to ride in or on.
“Motorized Quadricycle” (as defined in A.R.S. § 28-101) means a self- propelled motor vehicle to which all of the following apply:
- The vehicle is self-propelled by an emission-free electric motor and may include pedals operated by the passengers.
- The vehicle has at least four wheels in contact with the ground.
- The vehicle seats at least eight passengers, including the driver.
- The vehicle is operable on a flat surface using solely the electric motor without assistance from the pedals or passengers.
- The vehicle is a commercial motor vehicle as defined in A.R.S. § 28-5201.
- The vehicle is a limousine operating under a vehicle-for-hire company permit issued pursuant to A.R.S. § 28-9503.
- The vehicle is manufactured by a motor vehicle manufacturer that is licensed pursuant to Chapter 10 of A.R.S. Title 28.
- The vehicle complies with the definition and standards for low-speed vehicles set forth in 49 Code of Federal Regulations Sections 571.3(B) and 571.500, respectively.
“Motorized Skateboard” means a self-propelled device that has a motor or engine, a deck or surface on which a person may ride, and at least two wheels in contact with the ground and which is not otherwise defined in Arizona Revised Statutes Title 28 as a motor vehicle, motor-driven cycle, motorized wheelchair, or electric personal assistive mobility device. A motorized skateboard is not considered to be a micromobility device.
“Motor Vehicle" (as defined in A.R.S. § 28-101) means either a self- propelled vehicle or, for the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel. It does not include a scrap vehicle, a personal delivery device, a personal mobile cargo- carrying device, a motorized wheelchair, an electric personal assistive mobility device, an electric bicycle, an electric miniature scooter, an electric standup scooter or a motorized skateboard.
“Multi-Use Path” means a paved or unpaved path or trail separated from motor vehicle traffic, that is specifically designated for the shared use of bicycles, pedestrians, equines, and other authorized devices, such as the shared-use paths and trails shown in the Queen Creek Parks, Recreation, and Trails Master Plan.
“Obstructions,” as used in this article, means any unauthorized encroachment or placement upon public property, that interferes with or impedes upon its free use or passage, including, but not limited to, plant growth, structures, trash receptacles, rubbish, unlawful congregations of persons, signage, conveyances, or other commercial or personal property items.
"Operator" means a person who drives or operates a conveyance, who is in actual physical control of a conveyance or who is exercising control over or steering a conveyance being towed or pushed by another conveyance.
“Other Power-Driven Mobility Device” or “OPDMD” means any electric bicycles, electric miniature scooters, motorized gas-powered bicycles, motorized play vehicles, motorize motorized skateboards, and micromobility devices. does not include human-powered devices, motor vehicles, or a device used to aid a disabled person, including but not limited to a motorized wheelchair.
“Owner” means the person or company who owns the conveyance or any person who is a lessee, conditional vendee, or mortgagor of a conveyance with a right to immediate possession.
“Park or Parking” means to stop and leave a conveyance unattended.
“Pedestrian” (as defined in A.R.S. § 28-101) means any person afoot. A person who uses an electric personal assistive mobility device or a manual or motorized wheelchair is considered a pedestrian unless the manual wheelchair qualifies as a bicycle.
“Person” means an individual, firm, association, partnership, joint venture, or corporation.
“Shared Other Power-Driven Mobility Device” or “Shared OPDMD” means any electric bicycles, electric miniature scooters, motorized gas-powered bicycles, motorized play vehicles, motorized skateboards, micromobility device used in a shared mobility system. Shared OPDMDS does not include human-powered devices, motor vehicles, or a device used to aid a disabled person, including but not limited to a motorized wheelchair.
“Shared OPDMD System” means a system that provides a shared other power-driven mobility device (OPDMD) for short-term rentals for point-to-point trips, and which may be locked or unlocked for use with or without being located on a rack or docking system.
“Sidewalk” means any area or way owned or controlled by the town and used for purposes of pedestrian traffic, whether or not it is paved/concrete.
“Street,” as used in this Article, means any portion of roadway, highway, alley, thoroughfare, or other property that is open to the public for purposes of vehicular travel. Street includes the associated right-of-way, berm or shoulder, parkway, crosswalk, median, bicycle lane, and any associated roadway or access easement of the Town.
“Town Property,” as used in this article, means that portion of any property, facility, street, alley, path, lane, multiuse trail, sidewalk, facility, or improvement that is owned, leased, operated, maintained, or managed by the Town, or is otherwise open to the town for providing town services.
"Vehicle" (As defined in A.R.S. § 28-101) means a device in, on, or by which a person or property is or may be transported or drawn on a public highway. It does not include an electric bicycle, electric miniature scooter, electric standup scooter, devices moved by human power, devices used exclusively on stationary rails or tracks, personal delivery devices, scrap vehicles, or personal mobile cargo carrying devices.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
Amended by Ord. 890-26 on 5/20/2026
The Town Traffic Engineer or designee is authorized to:
- Regulation of Traffic at Intersections: Designate through streets, intersections where stops are required, and intersections where vehicles shall yield the right-of-way;
- Traffic Signals: Conduct Traffic Signal Warrant Studies to determine the placement of new traffic signals, and to operate traffic signals at intersections as deemed appropriate by such studies;
- Multi-Way Stop Controls: Establish, as necessary for the safe and efficient flow of traffic, multi-way stop controls that conform to the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) handbook;
- Turn Restrictions:
- Place markers, buttons or signs within or adjacent to an intersection 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;
- Determine those intersections at which drivers of vehicles shall not make a right-, left-, or U-turn, and shall have placed proper signs 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 turn(s) are permitted.
- Crosswalks: Designate and maintain, by appropriate device, marks or lines upon the surface of the roadway so as to establish crosswalks at locations where there are substantial number of pedestrians crossing the roadway, and at such other places as may be necessary;
- School Zones: Establish school zones of such kind and character and at such places as may be necessary for the protection of school children;
- Traffic Lanes: Add pavement markings as necessary within the Town’s right-of-way;
- Speed Limits: Determine and have posted the appropriate posted speed limit for all street segments within the Town;
- Loads: Determine the appropriate loads to be allowed on Town streets and alleys, and other roads and roadways, in the Town;
- One-Way Streets and Alleys: Designate any street or alleys which is to be limited to one-way traffic;
- Erect Signs Restricting Parking: Have signs erected requiring parking at an angle to the curb, allowing parking on the left hand curb on one-way streets, notifying drivers that parking is prohibited and restricting parking, stopping and/or standing in any way that may be necessary for the safe and efficient movement of traffic. When such signs have been erected, no person shall stop or stand a vehicle in disobedience to such parking restrictions;
- Temporary Traffic Control Application or Plan: Modify any condition of a plan, or suspend or revoke such Temporary Traffic Control Application and Plan at any time when necessary, in their sole discretion, to promote, preserve or protect public health, safety and welfare;
- Permits Generally: Adopt policies and procedures for issuance of all permits and/or other authorizations deemed necessary under this Chapter or as otherwise authorized under the Town Code and/or State Statutes, and to issues or decline to issue, suspend or revoke such permits; and
- Suspend or Revoke Plan or Permit: Suspend and/or revoke Temporary Traffic Control Application and Plan and Encroachment Permit if the plan or permit holder fails to follow the Temporary Traffic Control Plan, applicable laws, or any general or special conditions of the Encroachment Permit or Temporary Traffic Control Application and Plan.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 (Formerly 11-1-1) on 11/1/2023
- The Town Traffic Engineer and designees, are Authorized Enforcement Agents under Chapter 9 of the Town Code in relation to enforcement of Articles 9-7 Parking, 9-9 Property (as it relates to Streets and Sidewalks), and 9-10 Traffic, and such other situations as delegated or assigned by the Town Manager or Chief of Police.
- In addition the Town Traffic Engineer and designees are authorized to enforce the provisions of this Chapter through:
- Seeking voluntary compliance through information and education;
- Issuing corrective action or violation notices and warnings;
- Other informal means designed to achieve compliance in the most efficient and effective manner;
- In cooperation with the Engineering Division of the Community Development Department and/or the Capital Improvement Department, issuing stop work notices;
- Suspending or revoking Temporary Traffic Control Plans;
- In cooperation with the Community Development Department, placing a hold on issuance of new Encroachment Permits and/or Temporary Traffic Control Application and Plans for the same company or individual; and/or
- Issuing a Fine.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 (Formerly 11-1-2) on 11/1/2023
11-2-1 Adoption Of The Manual On Uniform Traffic Control Devices (MUTCD)11-2-2 Traffic Control Devices11-2-3 Speed Limits11-2-4 Over-Dimensional (Oversize/Overweight) Loads11-2-5 One-Way Streets And Alleys11-2-6 ProcessionsHISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
The Town of Queen Creek adopts the MUTCD handbook (most recently adopted version by the Arizona Department of Transportation) published by the Federal Highway Administration, and the Arizona Department of Transportation Supplement to the MUTCD handbook. Exceptions are noted in the following Sections of this Chapter.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
- The Town reserves the right to remove any sign that is deemed a nuisance or public hazard, and may, at the discretion of the Town Traffic Engineer impose a reasonable charge to the property owner for the cost of removals from private property;
- All permanently installed signing within Town right-of-way by private parties (developers) shall comply with the MUTCD handbook (most recently adopted version by the Arizona Department of Transportation) published by the Federal Highway Administration, and the Arizona Department of Transportation Supplement to the MUTCD handbook, as well as the Town's relevant engineering standards, details, and specifications; and
- The Town reserves the right to charge monetary damages to any individual, party or organization that is found responsible for damage to any Town owned traffic control device.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
The Town Traffic Engineer or Council will determine and post the appropriate posted speed limit for all street segments based upon the application of accepted engineering standards, practices, and judgment.
- All local residential streets shall have a prima facie speed limit of 25mph; these types of streets may or may not be posted with a physical sign.
- Reduced speed limits for school zones (whenever a school fronts onto an arterial street with a posted speed of 45mph or greater) are to be posted either 30mph or 35mph, and are to be in force between the hours of 7:30am to 3:30pm weekdays.
- Temporary reduced speed limits for construction and maintenance work zones, special events, or any other activity within or adjacent to the right-of way that would require a reduced regulatory speed limit are to be determined at the time of approval of the Traffic Control Plan. All installations of temporary speed limits shall conform to the requirements of the MUTCD handbook and the Arizona Department of Transportation Supplement to the MUTCD.
- All public sidewalks, parking lots, and multi-use paths shall have a prima facie speed limit of 15 mph whether or not the speed limit is posted by a physical sign. A lower speed limit may be established by posted sign or other lawful regulation.
- All public bicycle lanes shall have a prima facie speed limit of 15 mph regardless of the posted speed limit applicable to motor vehicles on the adjacent roadway. A lower speed limit may be established by posted sign or other lawful regulation.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
Amended by Ord. 890-26 on 5/20/2026
- Loads that are considered over-dimensional in nature are required to possess a valid permit issued from the jurisdiction at the point of origin.
- The responsible party will be required to file a routing request with the Town of Queen Creek at least 3-business days prior to the anticipated move date. The Town will review the request, the proposed route, as well as the proposed time and schedule to ensure that the load can safely operate. Town staff will approve the route, make recommendations, or deny the load access to the Town’s right-of-way
- dimensional loads traveling through, originating or terminating within the Town may be required to have a Police Department or other authorized by the Town Traffic Engineer, Town Chief of Police or their designeeescort.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
Proper signing shall be installed at appropriate locations to indicate the one-way condition. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
No procession or parade, except funeral processions, shall be held without first securing a permit from the Town, 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 may set forth therein. funeral procession composed of a procession of vehicles shall be identified by such methods as may be determined and designated by the Town.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
11-3-1 Permission To Access Right-Of-Way11-3-2 Street Closures11-3-3 Temporary Traffic Control Plans11-3-4 Certified Persons11-3-5 Temporary Signing11-3-6 Flaggers11-3-7 Haul Routes11-3-8 Arrow Boards11-3-9 Off-Duty Law Enforcement Officer11-3-10 Allowable Restriction/Closure Hours/Days11-3-11 Directing TrafficHISTORY
Amended by Ord. 460-09 on 8/19/2009
Amended by Ord. 575-15 on 9/2/2015
Repealed & Replaced by Ord. 764-21 on 9/15/2021
- Every person, firm, or agency conducting work in the public right-of-way or roadway easement is responsible for assuring that all related activities comply with the provisions of this Chapter.
- Any contractor, agency, utility, or any other person that is performing work within the right-of- shall obtain an Encroachment Permit from the Town’s Community Development Department prior to entering the right-of-way. The permit will not be valid without the required Traffic Control Plan Application and Traffic Control Plan being submitted to and approved by the Town prior to entering the right-of-way.
- The Traffic Control Plan Application and Traffic Control Plan shall be on-site and attached to the permit whenever activities are taking place in the right-of-way, and shall be produced upon request by Town staff or law enforcement.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
- Requests for street closures (excluding special events as determined by the Town) shall be made a minimum of 30-days prior to the date needed. or as approved by the Town Traffic Engineer Requests shall be made in writing and shall include a Traffic Control Plan Application and a Traffic Control Plan that meets the requirements of Section 11-3-3. Requests will be reviewed and approved based upon need and potential life/safety issues.
- If a road closure request is granted, the contractor will be held to the dates requested and approved by the Town.
- Upon approval, the contractor shall provide the Town with a Cashier’s Check (bond) in the amount of Ten Thousand Dollars ($10,000.00) made payable to the Town of Queen Creek.
- Should the contractor not complete their work in the agreed upon time limits, the bond shall be subject to forfeit, and a Two Thousand Dollar ($2,000.00) per day fine may be levied for each day the work is not completed.
- The contractor may seek additional time for unforeseen circumstances prior to TCP expiration date. The contractor may be directed on the last day of authorized work to begin work to open the road.
- The Town reserves the option of taking the necessary steps to open the road should the need arise.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
- A Traffic Control Plan in complexity that matches the work being performed and proximity to traffic will be required whenever construction, maintenance or other activities are taking place within the Town’s right-of-way.
- A Traffic Control Plan that is computer generated and that is designed and drawn by a person that is currently certified as a Traffic Control Supervisor by the American Traffic Safety Services Association (ATSSA) will be required along with a Temporary Traffic Control Plan Application (provided by the Town) at least ten (10) business days prior to the start of work. Traffic Control Plans shall be submitted directly to the Town, using the established procedure, by the individual or company providing the temporary traffic control services.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
Any temporary traffic control that is placed within the right-of-way on an arterial street, or as required by the Town shall be completed under the direct, on-site supervision of a person that is currently certified as a Traffic Control Technician by the American Traffic Safety Services Association (ATSSA). The Technician shall carry ATSSA-issued proof of certification on his/her person at all times when working within the right-of-way, and shall produce the certification, as well as state-issued photo identification, upon demand by a member of the Town Police Department, Traffic Engineer or designee, or other Authorized Enforcement Agent.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
All temporary signing in place due to the requirements of a Traffic Control Plan shall be a minimum of ASTM Type IV sheeting, a minimum of 36”x36” (for Warning Series signs), and shall be mounted on spring type stands. All signing for projects considered to be Long-Term Stationary in nature by the MUTCD shall be post mounted.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
Any civilian flagger working within the Town’s right-of-way shall hold current certification as a flagger by the American Traffic Safety Services Association (ATSSA), or a pre-approved equivalent, and shall carry proof of certification at all times when working within the right-of-way. Certified flaggers may be required to provide proof of certification prior to working within the Town’s right-of-way. Off-duty law enforcement officers may be used in lieu of certified flaggers.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
- If construction activities are determined by the Town to require special routing of haul trucks to prevent impacts on surrounding streets, neighborhoods, or businesses, the contractor will be required to develop, submit, and utilize an approved haul route. A Traffic Control Plan Application and Traffic Control Plan may be required depending upon the complexity of the haul. Any request for an approved haul route shall contain, at a minimum, the following:
- Origin and destination of the haul route;
- A clear and legible plan or map illustrating the proposed haul route, or portion of the haul route within Town limits, showing all roadways on which the haul is proposed, crossing arterials, and the route to be traveled;
- Frequency, number, and nature of trucks involved in the haul;
- Location and number of certified flaggers (required when trucks are entering or leaving the right-of-way at a point of origin and/or destination, and at the discretion of the Town, when trucks are turning across traffic);
- Copy of current Maricopa County Dust Permit (if applicable); and
- Traffic Control Plan Application and Traffic Control Plan (if applicable).
- Haul routes will not be permitted through areas where active school crossing controls are in place, during peak travel times or days, within the Town Center area (Ellsworth Rd between Chandler Heights Rd and Rittenhouse Rd, and Ocotillo Rd between Rittenhouse Rd and Hawes Rd), or at the direction of the Town. Additional application requirements, route restrictions, and costs may apply to hauls which involve oversize or overweight vehicles or hazardous materials.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
Arrow boards are required whenever a lane merge is in place in the right-of-way; use in shifting conditions shall only be as approved by the Town.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
A uniformed law enforcement officer shall be present as required as a part of an approved traffic control plan or as directed by the Town Traffic Engineer or designee. Only Queen Creek Police Department officers shall be permitted within the Town Of Queen Creek unless otherwise approved by the Town Traffic Engineer.
HISTORY
Amended by Ord. 460-09 on 8/19/2009
Repealed & Replaced by Ord. 764-21 on 9/15/2021
- No non-emergency activity that reduces lane width or usable road service shall be permitted to take place between the hours of 5:00am and 8:30am or 2:30pm and 7:00pm on non-holiday weekdays without prior authorization from the Town.
- No activity shall take place within the Town’s right-of-way on Saturday, Sunday or Town observed holidays without prior approval. Contractor’s opting to work weekends, observed holidays or other than normal work hours may be charged for hours worked by Town staff at current overtime rates.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
Authorized members of the Town Police Department and/or Fire Department or their designees are authorized to direct all traffic by voice, hand, or signal.
HISTORY
Repealed & Replaced by Ord. 764-21 on 9/15/2021
In addition to State Statutes and this Chapter, obligations and offenses related to parking are set forth in Article 9-7 of the Town Code.
HISTORY
Repealed & Reenacted by Ord. 764-21 on 9/15/2021
11-5-1 Applicability Of Traffic Laws11-5-2 Licensing And Insurance11-5-3 Safe Operation11-5-4 Operation Of Bicycles11-5-5 Operation Of Micromobility Devices11-5-6 Operation Of Motorized Skateboards And Motorized Play VehiclesHISTORY
Adopted by Ord. 823-23 on 11/1/2023
All applicable traffic laws stated in the Town Code or Arizona Revised Statutes shall apply to persons operating any bicycle or other power-driven mobility device (OPDMD) in the Town except as to those provisions which by their nature can have no application.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
With the exception of requirements set forth in Article 11-6, nothing in this Chapter shall be construed to require additional licensing or registration of a bicycle or other power-driven mobility device (OPDMD), nor shall it be construed to require a person to carry insurance covering accidents involving such bicycles or other power-driven mobility devices (OPDMDS) by persons beyond what is required under applicable federal, state, county, or local laws, rules, codes, or regulations.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
- Nothing in this code shall be interpreted to mean that, by designating permissible areas of operation, the Town is deeming such areas as suitable or safe for any particular conveyance.
- A person operating a bicycle or other power-driven mobility device (OPDMD) shall be responsible for complying with the manufacturer's safety guidelines and recommendations.
- A person operating a bicycle or other power-driven mobility device (OPDMD) shall be responsible for:
- Operating in a reasonable, safe, and prudent manner under the circumstances or conditions.
- Following all applicable rules and regulations.
- Respecting the rights and safety of other persons and property.
- Operation of certain other power-driven mobility devices (OPDMD) may be restricted by code or signage based on any of the following factors or conditions:
- The type, size, weight, dimensions, and speed of the OPDMD.
- The volume of pedestrian traffic in the area.
- The density and placement of fixtures or other stationary devices in the area.
- Safety requirements related to speed and the pace of pedestrian or vehicular traffic in the area.
- The use OPDMD creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with federal land management laws and regulations.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
- Subject to the restrictions in this Chapter and Article 9-11, a person may operate a bicycle, a Class 1 electric bicycle, or a Class 2 electric bicycle in the following locations unless prohibited by signage:
- A street.
- A multi-use path.
- A sidewalk.
- A bicycle lane.
- Subject to the restrictions in this Chapter and Article 9-11, a person may operate a motorized gas-powered bicycle in the following locations unless prohibited by signage:
- A street.
- A multi-use path.
- A sidewalk.
- A bicycle lane.
- Subject to the restrictions in this Chapter and Article 9-11, a person may operate a class 3 electric bicycle in the following locations unless prohibited by signage:
- A street.
- A bicycle lane.
- Subject to the restrictions in this Chapter and Article 9-11, a person may operate a moped on a street unless prohibited by signage or state law.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
Amended by Ord. 890-26 on 5/20/2026
Subject to the restrictions in this Chapter and Article 9-11, a person may operate a micromobility device in the following locations unless prohibited by signage:
- A street with posted speed limits of 25 miles per hour or less.
- A multi-use path.
- A sidewalk.
- A bicycle lane.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
Subject to the restrictions in this Chapter and Article 9-11, a person may operate a motorized skateboard or motorized play vehicle device in the following locations unless prohibited by signage:
- A street with posted speed limits of 25 miles per hour or less.
- A multi-use path.
- A bicycle lane
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
11-6-1 Rental Agencies11-6-2 Operation Of Rental Agencies
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
Every person engaged in the business of being a rental agency of new or used shared bicycle or shared other power-driven mobility device shall obtain a business license under Article 8-1 of the Town Code.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
- Every person engaged in the business of being a rental agency of new or used shared bicycles or shared other power-driven mobility devices shall take proactive measures to inform its customers about applicable rules and regulations and shall provide a copy of this Code to its customers, either in paper format or by means of a website or mobile application.
- No person shall engage in the business of renting, deploying, or staging new or used shared bicycles or shared other power-driven mobility devices on property or rights-of-way of the Town without a Town-issued business license and a right-of-way use permit.
- No person shall rent or offer any shared bicycle or shared other power-driven mobility device unless it is equipped with lamps and other equipment as required in this Code.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
11-14-1 Removal, Seizure And Impoundment11-14-2 Conditions Of Release
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
Amended by Ord. 890-26 on 5/20/2026
- An other power-driven mobility device (OPDMD), a moped, a motor-driven cycle, a motorcycle, a motor vehicle, or a motorized quadricycle may be subject to removal, seizure, and impoundment under any of the following conditions:
- The operator has committed any violation of state law or Town Code that created an immediate or substantial risk to public safety including but not limited to:
- Reckless driving or racing.
- Disregard for traffic control devices, signs or signals.
- Obstructing traffic or interfering with the safe movement of vehicles or pedestrians.
- The person is operating in a manner that leads to a violation of any of the following:
- Public Nuisance (A.R.S. § 13-2917)
- Criminal Nuisance (A.R.S. § 13-2908)
- Disorderly Conduct (A.R.S. § 13-2904)
- Leaving the Scene of an Accident (A.R.S. §§ 28-661 & 28-662)
- Failure to Render Aid or Provide Information (A.R.S. § 28-663)
- Failure to Stop (A.R.S. § 28-1595)
- Unlawful Flight From a Pursuing Officer (A.R.S. § 28-622.01)
- Interfering With a Police Officer (9-1-2)
- Failure to Comply With Police Officer (A.R.S. § 28-622)
- The person is operating in a prohibited area when pedestrians or equine are present.
- Written notice of the seizure and instructions for release shall be provided to the operator. If the operator is under 18 years of age, a parent or guardian must also be notified.
HISTORY
Adopted by Ord. 890-26 on 5/20/2026
- The other power-driven mobility device (OPDMD), moped, motor-driven cycle, motorcycle, motor vehicle, or motorized quadricycle may be released to the lawful owner if all of the following conditions are met:
- The other power-driven mobility device (OPDMD), moped, motor-driven cycle, motorcycle, motor vehicle, or motorized quadricycle has been held for at least 72 hours.
- The operator has completed an approved safety program. If the operator is under 18 years of age, a parent or guardian must also complete the safety program with the operator.
- The presence of a parent or guardian at the time of the release if the operator is under 18 years of age.
- All conditions outlined in Article 4-4-7(B) are satisfied.
- As stated in Article 4-4-7(C), property that is not reclaimed from the Town within 60 days after the date of the notice of violation shall be considered abandoned and may be sold or otherwise disposed of by the Town in accordance with Town Code, Chapter 4, Article 4-4.
HISTORY
Adopted by Ord. 890-26 on 5/20/2026
11-15-1 Cease And Desist Order; Fines For Certain Violations11-15-2 Aggregate Amount; Separate Violations11-15-3 Additional Offenses And PenaltiesHISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 (Formerly Article 11-5) on 11/1/2023
Upon a finding or admission of responsibility, a violator is subject to cease and desist order in addition to the following sanctions:
- Any act, error, or omission within the right-of-way that creates an imminent public risk will result in a fine of $1,500.00.
- Restricting the right-of-way or roadway easement without an approved Temporary Traffic Control Application and Plan will result in a fine of $1,000.00.
- Restricting the right-of-way or roadway easement without a required Encroachment Permit will result in a fine of $1,000.00.
- Restricting traffic during peak traffic hours as described in Section 11-3-10 without authorization will result in a fine of $1,000.00.
- Failing to correct or cure a violation of the Temporary Traffic Control Plan within the time period stated on the Notice of Violation will result in a fine of $1,000.00.
- Failure to notify the Town Traffic Signal Supervisor at least 48 hours in advance of setting the temporary traffic control requiring traffic signal modification will result in a fine of
$1000.00.
- Improperly closing a sidewalk or closing a sidewalk without first obtaining a required Traffic Control Permit will result in a fine of $500.00.
- Failing to comply with the conditions, restrictions, limits, times, or location of a Temporary Traffic Control Plan will result in a fine of $500.00.
- Failing to install advance warning signs or failing to install advance warning signs that comply with the Temporary Traffic Control Plan will result in a fine of $500.00.
- Failing to install traffic barricades or channelizing devices that comply with the Temporary Traffic Control Plan will result in a fine of $500.00.
- Failing to install work zone protection devices will result in a fine of $500.00.
- Failing to remove an advance warning sign leaving the sign facing traffic after the traffic restriction has been removed will result in a fine of $250.00.
- Failing to remove traffic control devices from the right-of-way within twenty-four hours after expiration of the Temporary Traffic Control Plan use hours listed on the application will result in a fine of $250.00.
- Failing to install and maintain traffic control devices that meet the Town requirements will result in a fine of $250.00.
- Failure to comply with any other provision of the Temporary Traffic Control Plan or this Chapter will result in a fine of $250.00.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 (Formerly 11-5-1) on 11/1/2023
The fine amounts set forth in this Article do not limit the aggregate amount that may be imposed by the Town. Each day any violation of any provision of this Chapter or the failure to perform any act or duty required by this Chapter shall constitute a separate violation or offense.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 (Formerly 11-5-2) on 11/1/2023
- Additional offenses under this Chapter and the Fire Code are set forth in Article 9-7 of the Town Code.
- Except as otherwise specifically provided, enforcement and the penalties for violating any provision of this Chapter and/or Articles are set forth in Article 9 of the Town Code.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 823-23 (Formerly 11-5-3) on 11/1/2023
ARTICLE 12-1 LAND SPLITS12-1-1 Requirements Generally12-1-2 Building Permit Issuance Restriction12-1-3 Conformance Requirements12-1-4 Applicability Of Land Split And Subdivision Processes12-1-5 Application And Approval Procedures12-1-6 Application Requirements12-1-7 Land Split Map Requirements12-1-8 Administrative Action On Application12-1-9 Approval Criteria12-1-10 Recordation12-1-11 Appeals To CouncilHISTORY
Adopted by Ord. 21-91 on 12/4/1991
The division of any land, lot, parcel or unit for the purpose of sale or lease, whether immediate or future, into two or three lots, parcels or units any one of which is two and one-half acres or less, shall require the submittal and approval of a parcel plat, as described hereinafter. Sale or lease includes every disposition, transfer or offer or attempt to dispose of or transfer land or an interest or estate thereof.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
No building permit shall be issued for the construction of any building or structure located on a lot or parcel created in violation of the provisions of these regulations.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
- A land split map shall conform to all applicable policies of the town general plan.
- A land split map shall conform to all applicable regulations of the town zoning ordinance.
- A land split map shall conform to all present and future street classification plans and requirements.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
The regulations contained in this article apply to all divisions of land created for sale or lease within the corporate limits of the town defined to be a land split.
- It is unlawful for any person, partnership or other legal entity to create for sale or lease any parcel that is subject to the requirements of this article until an approved land split map complying with the provisions hereof has been recorded with the recorder's office of the county wherein the platted area lies.
- The division of any property into two or more parcels, if a new street is involved, shall proceed through the subdivision process.
- The division of any property, the boundaries of which have been fixed by a recorded subdivision plat, into more than two parcels shall proceed through the subdivision process.
- The creation of four or more units having the right of exclusive occupancy coupled with an undivided interest in the land, such as in a condominium, horizontal property regime, cooperative, community apartment, townhouse or similar project shall proceed through the subdivision process.
- The creation of two or three units having the right of exclusive occupancy coupled with an undivided interest in the land, such as in a condominium, horizontal property regime or similar project shall proceed through the land split map process.
- Boundary adjustment plats and deeds, where the land taken from one parcel is added to an adjacent parcel, need not follow the land split requirement provided approval has been given in writing by the planning and building director, and provided that the proposed adjustment does not:
- Create any new lots;
- Render any new lots created by the boundary adjustment smaller than those existing prior to the boundary adjustment;
- Render the setbacks of any new lots created by the boundary adjustment smaller than those existing prior to the boundary adjustment;
- Impair any existing access, easements or public improvements.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
- The division of land defined by this article to be a land split requires the approval of a land split map by the planning department or the council.
- The purpose of the land split map review is to determine the appropriateness of the access and lot design with respect to the contours of the land, to determine whether the setbacks of existing development are being rendered nonconforming with the creation of new lot lines, to determine if a subdivision is being created, and to determine whether or not the proposed land split conforms with town policies and ordinances. Before proceeding with any division of land or the preparation of a parcel plat, the owner or his agent should meet with the planning department for an informal discussion on the proposed land division.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
Applicants requesting land split map approval shall submit the following to the planning department:
- A completed application form;
- A nonrefundable seventy-five dollar filing fee to offset the costs of investigating and processing the application;
- Three blueline or blackline prints folded into a nine-inch by twelve-inch size and one mylar (which may be submitted later, but prior to final approval of the land split map);
- A title report dated not more than thirty days prior to submittal of the application.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
- The land split map shall be submitted on a transparent reproducible polyester film drawn with india ink at a scale large enough to show all details clearly (normally one inch equals one hundred feet or larger) on a sheet eighteen by twenty-four inches.
- The land split map shall show or contain the following information:
- A title, to read: Town of Queen Creek Land Split Map (Case Number);
- Graphic and written scale, north indicator and date of preparation;
- Legal description of the property;
- Location and description of existing and proposed monuments to which all bearings, dimensions, angles and similar data shall be referenced. Such data shall be tied to the town datum system;
- Boundaries of the property fully balanced and closed showing all bearings and distances (in feet and decimals thereof) determined by an accurate survey in the field;
- By note or a legend, identification of any symbols used on the map;
- Bearings and dimensions of all parcel lines with each parcel identified by letter and indicating the net area in square feet of each parcel;
- Name, course, length and width of existing and proposed street dedication;
- Course, length and width of existing and proposed private access, utility, public service and drainage easements;
- The identification of adjacent subdivisions and land split maps by record data;
- Delineation on the map of any areas identified on the flood insurance rate map as special flood areas;
- The location of existing structures;
- A note stating that there are no visible encroachments except as shown on this plat;
- Paragraphs legally setting forth:
- Owner's certificate
- Acknowledgment
- Surveyor's certificate and engineer's certificate, if applicable
- Certificate of approval (town)
- Recorder's certificate
- Dedication of roadways and/or easements, if applicable.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
- The planning department shall review the application and make a determination as to its completeness. The department shall advise the applicant of deficiencies if the application is determined to be incomplete.
- Upon determining that an application is complete, the planning department may distribute materials to all appropriate agencies and utility providers for their recommendations.
- The planning department shall render a written decision on the proposed land split.
- A copy of the decision shall be sent to the applicant, advising him that he may appeal the decision to the town council.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
The planning department and the town council, in evaluating and making decisions on land split proposals, shall consider the following criteria:
- The land split proposal's consistency with the town's general plan;
- The proposal's conformity to the town's zoning ordinance;
- The proposal's conformity to other applicable sections of the code;
- The proposal's conformity with the town's street classification plan;
- The proposal's lot size and design with respect to the site's topography;
- The identification of any setback problems with respect to any existing development on the property and the new parcel boundaries to be created;
- A determination from the title information and lot/street design that a subdivision is not being created;
- That, prior to recordation, the signatures written in india ink and all required stamps are in place;
- Other pertinent criteria.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
The approved mylar copy, fully executed and reflecting all requirements of approval, shall be recorded in the Maricopa County recorder's office with four copies thereof returned to the planning department.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
An appeal of the department's decision must be filed with the town clerk's office within thirty days of the date of the decision. The town council shall consider the appeal no earlier than fourteen days nor later than forty-five days from the date of the filing of the appeal.
HISTORY
Adopted by Ord. 21-91 on 12/4/1991
ARTICLE 13-1 DRAINAGE AND EROSION PROVISIONSHISTORY
Adopted by Ord. 31-93 on 5/5/1993
Adopted by Ord. 320-05 on 7/20/2005
Amended by Ord. 414-07 on 12/5/2007
13-1-1 Designation Of Authority13-1-2 Technical Design Specifications13-1-3 Floodplain Management Regulations13-1-4 Penalties
HISTORY
Adopted by Ord. 31-93 on 5/5/1993
Adopted by Ord. 320-05 on 7/20/2005
Amended by Ord. 414-07 on 12/5/2007
The Town designates the Maricopa County Flood Control District and Pinal County Flood Control District as the enforcement authority for all flood plain management activities within the areas of special flood hazard as designated by the Federal Emergency Management Agency, Flood Insurance Rate Maps and for those areas identified by the Maricopa County Flood Control District and Pinal County Flood Control District to be areas of special flood concern within the corporate limits of the town. For all other lands not within an area of special flood hazard as designated by the Federal Emergency Management Agency, Flood Insurance Rate Maps or designated areas of special flood concern by the Maricopa County Flood Control District or Pinal County Flood Control District, the authority for enforcement of drainage and erosion provisions shall be the Town or other designated agent.
HISTORY
Adopted by Ord. 31-93 on 5/5/1993
Amended by Ord. 414-07 on 12/5/2007
The following listed publications, and all subsequent amendments and or revisions, copies of which are on file in the office of the Town Clerk, are hereby designated for use on all building permit requests:
- Drainage Design Manual for Maricopa County, Arizona Hydrology, August 15, 2013
- Drainage Design Manual for Maricopa County, Arizona Hydraulics, August 15, 2013
- Drainage Design Manual for Maricopa County, Arizona Erosion Control, August 15, 2013
HISTORY
Adopted by Ord. 31-93 on 5/5/1993
Amended by Ord. 414-07 on 12/5/2007
Amended by Ord. 860-25 (Pinal County) on 4/2/2025
Amended by Ord. 861-25 (Maricopa County) on 4/2/2025
- The Town Engineer of the Town of Queen Creek is appointed as the National Flood Insurance Program Floodplain administrator for the Town and is responsible for coordinating with the Flood Control District Of Maricopa County and Pinal County and will serve as the community point of contact on National Flood Insurance Program issues for County, State and Federal officials.
- Those public records entitled “Flood Insurance Study for Maricopa County and Incorporated Areas" dated September 30, 2005 with accompanying Flood Insurance Rate Maps (FIRMs) dated September 30, 2005 and all subsequent amendments and/or revisions, shall be utilized as the basis for establishing the special flood hazard areas (SFHAs) for floodplain management in the portions of the Town of Queen Creek located in Maricopa County.
- That public record designated as the “Floodplain Management Regulations for Maricopa County dated January 17, 2018 and all subsequent amendments and/or revisions thereto, shall be utilized as the legal basis for implementing floodplain management in the portions of the Town of Queen Creek located in Maricopa County.
- The “Flood Insurance Study For Pinal County and Incorporated Areas” dated December 4, 2007, with accompanying FIRMs dated December 4, 2007, and all subsequent amendments and/or revisions thereto, , three copies of which shall be utilized as the basis for establishing the SFHAs for floodplain management in the portions of the Town of Queen Creek located in Pinal County.
- The “Pinal County Floodplain Management Ordinance” dated May 10, 2019, and all subsequent amendments and/or revisions thereto, shall be utilized as the legal basis for implementing floodplain management in the portions of the Town of Queen Creek located in Pinal County.
- The SFHAs documented in the FISs and FIRMs are the minimum area of applicability of the floodplain management regulations and may be supplemented by studies for other areas as allowed in the regulations.
HISTORY
Adopted by Ord. 320-05 on 7/20/2005
Amended by Ord. 414-07 on 12/5/2007
Amended by Ord. 860-25 (Pinal County) on 4/2/2025
Amended by Ord. 861-25 (Maricopa County) on 4/2/2025
- The penalties for violating the Pinal County Floodplain Management Ordinance, May 10, 2019, Ordinance No. 041019-FL18-016, are set forth in Section 8.056.010 therefor, as may be amended by Pinal County.
- The penalties for violating the Floodplain Regulations for Maricopa County, January 17, 2018, are set forth in Section 708 thereof, as may be amended by Maricopa County.
HISTORY
Adopted by Ord. 860-25 (Pinal County) on 4/2/2025
Adopted by Ord. 861-25 (Maricopa County) on 4/2/2025
ARTICLE 14-1 DEFINITIONSARTICLE 14-2 SIDEWALKSARTICLE 14-3 STREETSARTICLE 14-4 SCALLOPED STREET ASSESSMENTS
14-1-1 Definitions
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
As used in this chapter the following definitions will apply unless otherwise defined in a specific Article:
“Obstructions” means any unauthorized encroachment or placement upon Town property, that interferes with or impedes upon its free use or passage.
“Person” means an individual, firm, association, partnership, joint venture, or corporation.
“Sidewalk” means any area or way owned or controlled by the Town and used for purposes of pedestrian traffic, whether or not it is paved/concrete.
“Street” means any portion of roadway, highway, alley, thoroughfare, or other property that is open to the public for purposes of vehicular travel. Street includes the associated right-of-way, berm or shoulder, parkway, crosswalk, median, bicycle lane, and any associated roadway or access easement of the Town.
“Town Property” means that portion of any property, facility, street, alley, path, lane, multiuse trail, sidewalk, facility, or improvement that is owned, leased, operated, maintained, or managed by the Town, or is otherwise open to the Town for providing Town services.
HISTORY
Adopted by Ord. 823-23 on 11/1/2023
14-2-1 Sidewalk Maintenance; Owner Or Occupier Responsibility14-2-2 Obstructions In Sidewalk; Owner Or Occupier ResponsibilityHISTORY
Repealed & Reenacted by Ord. 383-07 on 7/18/2007
Amended by Ord. 557-14 on 10/15/2014
Amended by Ord. 823-23 (Formerly 14-1) on 11/1/2023
- All persons owning or occupying land or places of business within the Town shall keep the sidewalk or other Town property fronting or bordering their property, including the area, between the sidewalk and the curb, free of weeds or unsightly or improperly maintained grass. Trees, shrubs, and other landscaping planted in the area between the sidewalk and the curb shall be maintained by the adjacent landowner or occupant in such a way as not to impede, obstruct or interfere with the passage and or public accessibility of any sidewalk or street including, without limitation, the passage of street sweeping and other street cleaning equipment, and/or personnel.
- In the event the owner or occupant does not maintain such trees, shrubs, or landscaping in the manner required by this Section, the Town may cut or trim such trees, shrubs or plant growth, or otherwise take measures necessary to eliminate the impediment, obstruction or interference with the passage on the sidewalk or street.
- In addition to any other penalties prescribed by law, any person found violating this Section after 30-days written notice is subject to a civil penalty of $100 for the first offense and $500 for each subsequent offense. Each day shall be considered a separate offense.
HISTORY
Repealed & Reenacted by Ord. 383-07 on 7/18/2007
Amended by Ord. 557-14 on 10/15/2014
Amended by Ord. 823-23 (Formerly 14-1-1) on 11/1/2023
Amended by Ord. 846-24 on 9/4/2024
- No owner or occupant of land shall allow or permit garbage, debris, decomposed granite, landscape materials, trees, shrubs or plant growth to impede, obstruct or interfere with the passage of any public sidewalk; provided however, this Section shall not prohibit the temporary storage of such matters in authorized receptacles for collection, or the passage of sidewalk cleaning and repair equipment and/or personnel, within the Town.
- In the event any owner or occupant of land allows trees, shrubs, or plant growth on that land to impede, obstruct, or interfere with the passage of any sidewalk, including, without limitation, the passage of sidewalk cleaning and repair equipment and/or personnel, the Town may cut or trim such trees, shrubs or plant growth, or otherwise take measures necessary to eliminate the impeding, obstruction, or interference with the passage on the sidewalk.
- In addition to any other penalties prescribed by law, any person found violating this Section after 30 days written notice is subject to a civil penalty of $100 for the first offense and $500 for each subsequent offense. Each day shall be considered a separate offense.
HISTORY
Repealed & Reenacted by Ord. 383-07 on 7/18/2007
Amended by Ord. 557-14 on 10/15/2014
Amended by Ord. 823-23 (Formerly 14-1-2) on 11/1/2023
14-3-1 Obstructions In Street; Owner Or Occupier Responsibility14-3-2 Open Junk Storage Prohibited14-3-3 Depositing, Sweeping, Draining Onto Street Or Town Property Prohibited(Ordinance 84-96)
HISTORY
Repealed & Reenacted by Ord. 383-07 on 7/18/2007
Amended by Ord. 557-14 on 10/15/2014
Amended by Ord. 823-23 on 11/1/2023
- No owner or occupant of land shall allow garbage, debris, decomposed granite, landscape materials, trees, shrubs or plant growth to impede, obstruct, or interfere with the passage of any street or alley including, without limitation, the passage of street sweeping and other street cleaning and repair equipment and/or personnel, within the Town or to diminish the visibility of any traffic control device or signal.
- In the event any owner or occupant of land allows trees, shrubs, or plant growth on that land to impede, obstruct or interfere with the passage of any street or alley, including without limitation, the passage of street cleaning and repair equipment and/or personnel, the Town may cut or trim such trees, shrubs or plant growth, or otherwise take measures necessary to eliminate the impeding, obstruction, or interference with the passage of the street and may charge the cost of such trimming, cutting, or other measures to the owner of the land.
- In addition to any other penalties prescribed by law, any person found violating this Section after 30 days written notice is subject to a civil penalty of $100 for the first offense and $500 for each subsequent offense. Each day shall be considered a separate offense.
HISTORY
Repealed & Reenacted by Ord. 383-07 on 7/18/2007
Amended by Ord. 557-14 on 10/15/2014
Amended by Ord. 823-23 on 11/1/2023
- No person shall deposit, store or maintain any garbage or junk that is visible from beyond the lot boundaries, except as authorized for collection.
- In addition to any other penalties prescribed by law, any person found violating this Section after 30 days written notice is subject to a civil penalty of $100 for the first offense and $500 for each subsequent offense. Each day shall be considered a separate offense.
HISTORY
Repealed & Reenacted by Ord. 383-07 on 7/18/2007
Amended by Ord. 823-23 on 11/1/2023
- No person shall deposit in, sweep upon or permit to drain into any public right-of-way, street, or Town property any garbage, junk, obstruction or similar matter or any hazardous material which is offensive to sight or smell or impedes passage or is detrimental to public health.
- In addition to any other penalties prescribed by law, any person found violating this Section after 30 days written notice is subject to a civil penalty of $100 for the first offense, and $500 for each subsequent offense. Each day shall be considered a separate offense.
HISTORY
Repealed & Reenacted by Ord. 383-07 on 7/18/2007
Amended by Ord. 823-23 on 11/1/2023
14-4-1 Definitions14-4-2 Exemptions14-4-3 Required14-4-4 Approval Of Owner's Plans14-4-5 Construction Prior To Development; Assessment Policy.14-4-6 Assessment Procedure.14-4-7 Right-Of-Way14-4-8 Collecting Unpaid Assessments At Time Of Development
HISTORY
Adopted by Ord. 470-10 on 1/20/2010
Amended by Ord. 509-12 on 3/7/2012
Amended by Ord. 552-14 on 8/6/2014
Amended by Ord. 823-23 (Formerly 14-3) on 11/1/2023
The following words, terms and phrases, when used in this section, shall have the following meanings ascribed to them:
“Cost” means the actual cost of:
- Construction of the public street improvements as determined by the construction contract price.
- Inspection and permit fees.
- Engineering fees required for the preparation of plans and specifications.
- Other incidental fees required to complete the improvements.
“Development” includes construction of residential, commercial or industrial buildings or structures or major additions or alterations to existing structures and includes new buildings or structures on property having existing buildings or structures situated on such property. When such property is zoned for agricultural or single family residential use at the time of assessment, development shall also require a change of use or purpose.
“Major addition or alteration” means any addition or alteration to an existing building hereafter made where the addition or alteration increases total floor area of the building by twenty-five percent (25%).
“Owner” means the person or legal entity that owns property adjacent to the street right-of-way.
“Right-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved or dedicated to the general public for street, highway, alley, public utility, pedestrian walkway, bikeway or drainage purposes.
“Street improvement” means, but is not limited to, asphaltic concrete surfacing, aggregate base, curb and gutters, sidewalks or valley gutters, storm drainage facilities and irrigation tiling.
“Streets” means the full width of the right-of-way of any road, street, highway, alley, land or pedestrian walkway, whether or not such road, street, highway, alley, land or pedestrian right-of-way has been improved or accepted for maintenance by the Town.
HISTORY
Adopted by Ord. 470-10 on 1/20/2010
Amended by Ord. 509-12 on 3/7/2012
Amended by Ord. 823-23 (Formerly 14-3-1) on 11/1/2023
- Street improvements otherwise required by this article shall not be required where the construction, alteration or addition consists solely for installation or replacement of mechanical equipment.
- The Town’s Redevelopment Area, established by Ordinances 517-05 and 518-05, as amended, is exempt for the application of this Article, provided however that where deemed appropriate by the Town Council on a case by case basis, street improvements may be required pursuant to the Town’s zoning authority.
HISTORY
Adopted by Ord. 470-10 on 1/20/2010
Amended by Ord. 552-14 on 8/6/2014
Amended by Ord. 823-23 (Formerly 14-3-2) on 11/1/2023
- Construction at time of development. At the time of development of property within the Town, the proprietor or owner of the property shall construct street improvements within and adjacent to such property.
- Responsibility for costs. The costs of all street improvements shall be the full responsibility of the proprietor or owner of the property.
- Temporary deferral. If, in the opinion of the Town Engineer, the installation of off-site improvements would not feasible from an engineering standpoint, the installation of improvements may be temporarily deferred, provided a cash bond, irrevocable letter of credit, or similar instrument approved by the Town Attorney, is filed with the Town for the cost of the improvements. Estimated costs of the improvements shall be established by the owner or proprietor’s engineer and reviewed and approved by the Town Engineer.
- Construction prior to development. If the Town Council determines that street improvements within or adjacent to the property are necessary prior to the development of the property, the Council may order street improvements to be constructed by the Town as provided in Section 14-3-5.
HISTORY
Adopted by Ord. 470-10 on 1/20/2010
Amended by Ord. 823-23 (Formerly 14-3-3) on 11/1/2023
The owner or proprietor of property intended to be developed shall submit the street improvement plans to the Town for approval. No building permit shall be issued until the street improvement plans have been approved by the Town Engineer. Street improvements shall be constructed in accordance with the plans approved by the Town Engineer and in accordance with the Town’s design principles and standards set forth in Chapter 7, Article 3 of the Town Code and the Town of Queen Creek Design Standards and Procedures Manual. No certificate of occupancy shall be issued until street improvements are constructed in accordance with the approved plan unless the certificate of occupancy is otherwise approved by the Town Engineer.
HISTORY
Adopted by Ord. 470-10 on 1/20/2010
Amended by Ord. 823-23 (Formerly 14-3-4) on 11/1/2023
Where the Town Council has determined that certain streets within the Town shall be constructed or improved prior to development of the property adjacent to such streets, the Council may order such streets to be constructed or improved at the Town’s expense. Such expense shall be assessed against the adjoining property subject to the following:
- The assessment of property, if adjacent arterial streets are involved, shall not exceed the cost of improving more than one-half (1/2) of the width or more than one thousand (1,000) lineal feet of such adjacent arterial street, except that if any parcel of land is presently being used for single-family residential use and the width of such does not exceed two hundred (200) lineal feet, such property shall not be assessed greater than one-half (1/2) the cost of the average residential street within the Town.
- The assessment of property shall not exceed the actual costs incurred by the Town at the time of construction.
HISTORY
Adopted by Ord. 470-10 on 1/20/2010
Amended by Ord. 823-23 (Formerly 14-3-5) on 11/1/2023
- Determination of improvement’s necessity; notice of hearing; contents. The Town Council, at a public hearing, shall determine the necessity of street improvements if the cost thereof is to be assessed against adjacent property. Prior to the public hearing, the Planning and Zoning Commission shall, at a duly noticed public meeting, review the necessity of the street improvements and provide a recommendation to the Council. Notice of the Council hearing shall be given to the owners, and other affected persons who would be assessed for the costs of improvements by certified mail no less than fifteen (15) days prior to the date of the hearing. The notice of hearing shall contain:
- A description of the proposed street improvements.
- The estimated cost of assessment for each affected parcel of property.
- The date, time and place that the Town Council shall consider the necessity of improvement and adoption of a resolution of intention.
Notice shall also be published in a weekly newspaper on (1) time each week for two (2) consecutive weeks, or in a daily newspaper four (4) consecutive times. In addition, notice shall also be conspicuously posted along the line of the proposed improvement at least fifteen (15) days prior to the hearing on necessity of the improvements. - Filing of objection. The property owners and any other persons directly interested in the work or in the assessment may, prior to the time fixed for the hearing, file in the office of the Town Clerk a written objection, briefly specifying the grounds for objection.
- Hearing. At the time of public hearing, the Town Council shall hear and pass upon any objections to the proposed improvements, and its decision shall be final and conclusive. It may modify the extent of the proposed improvements and proceed without the necessity for republishing, reposting and remailing new notices. At the conclusion of the hearing, the Town Council may pass its resolution of intention directing that plans, specifications and estimates of the cost and expenses of the proposed improvements be finalized by the Town Engineer, filed with the Clerk and filed in the official records of the county recorder, and order that a call for sealed bids be made.
- Completion of improvements; determination of costs; additional hearing; notice; contents of notice. Upon completion of the improvements, the Council shall by resolution, at a public hearing, determine the cost of the improvements and assess against the properties adjacent to the street improvement, the total amount of the costs and expenses of the work in accordance with Section 14-3-5. Notice of this public hearing shall be given to the property owner, and other affected persons who would be assessed for the costs of improvements, by certified mail at least fifteen (15) days prior to the date of the hearing. This notice shall contain:
- A description of the street improvement; and
- The cost of assessment for each affected parcel of property.
- Objections to legality of assessment or other proceedings; filing; council action. The property owners and any other persons directly interested in the street improvements or in the assessment who have any objection to the legality of the assessment or to any of the previous proceedings connected therewith or who claim that the work has not been performed according to the contract may, prior to the time fixed for the hearing, file in the office of the Town Clerk a written notice briefly specifying the grounds for objection. At the time fixed for the hearing, or at any time thereafter to which the hearing may be postponed, the Council shall hear and rule upon the objections. The decision of the Council shall be final and conclusive as to all errors, informalities and irregularities which the Council might have remedied or avoided at any time during the progress of the proceedings.
- Right to appeal. The determination of necessity by the Council resulting in the assessing of property under this section may be appealed by any aggrieved party to the Superior Court.
- Unpaid assessments. The Council's resolution shall provide that any assessments remaining unpaid shall be paid prior to or at the time of the development of the assessed property.
- Recording of assessment; lien. A resolution declaring the assessment and describing the properties against which the assessments are imposed shall be recorded in the office of the county recorder. When so recorded, the amount so assessed shall be a lien upon the properties assessed for ten (10) years thereafter, or until such assessments are paid, whichever first occurs, and such recording shall be notice to all persons interested in the contents of the record.
- Abatement of assessment; conditions. Any assessment made under this section shall abate if the property has not been developed within ten (10) years of the assessment.
HISTORY
Adopted by Ord. 470-10 on 1/20/2010
Amended by Ord. 823-23 (Formerly 14-3-6) on 11/1/2023
When it is necessary to improve a full street and sufficient right-of-way is not available, the Town Engineer may obtain the right-of-way upon terms that are just to the property owner and the Town. If the right-of-way is not dedicated at time of construction, the cost to the Town to purchase the right-of-way shall be considered an expense attributable to the street improvements and shall be assessed against the property at the time of development.
HISTORY
Adopted by Ord. 470-10 on 1/20/2010
Amended by Ord. 823-23 (Formerly 14-3-7) on 11/1/2023
At the time of development of the property adjacent and abutting such improvements, the Town Council shall fix, levy and assess the amount to be repaid upon such property and collect the amounts of such improvements as county taxes are collected. All statutes providing for the levy and collection of State and County taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the assessments provided for in this article.
HISTORY
Adopted by Ord. 470-10 on 1/20/2010
Amended by Ord. 823-23 (Formerly 14-3-8) on 11/1/2023
ARTICLE 15-1 DEFINITIONSARTICLE 15-2 PUBLIC PARK REGULATIONSARTICLE 15-3 PARKS AND RECREATION ADVISORY COMMITTEE ("PRAC")ARTICLE 15-4 MAYOR'S TEEN ADVISORY COMMITTEE ("MTAC")ARTICLE 15-5 TOWN PROPERTYFor the purposes of this Chapter, Article 9-8, and the Town of Queen Creek Public Park Regulations the following terms, phrases, words and their derivations shall have the meanings respectively ascribed to them below, unless the context clearly indicates a different meaning.
"Active Play Area" means any area with active play equipment, including but not limited to playgrounds, splash pads, fitness pods, sand dig zones, sport courts, and skate parks.
"Intoxicating Liquor" means any alcoholic beverage made by fermentation or distillation, which, when used in sufficient quantities ordinarily or commonly produces entire or partial intoxication. Any liquor intended for use as a beverage or capable of being so used, which contains more than one-half of one percent (0.5%) of alcohol by volume.
"Park" means a playground, recreation center, public open space, or any other area in the Town owned or used by the Town and devoted to active or passive recreation, including all internal roadways, internal and adjacent parking lots, and internal and adjacent sidewalks or pathways which are established or maintained by the Town, including retention basin areas and washes within the boundary of the Park, but excluding all drainage retention basins not identified by the Town as Parks through on-site signage.
"Town Property," as used in this Article, means that portion of any property, facility, structure, street, alley, path, lane, multiuse trail, sidewalk, facility, park, retention basin, wash, active play area, improvement, or other area as defined in Chapter 15, that is owned, leased, operated, maintained, or managed by the Town, or is otherwise open to the Town for providing town services.
"Reserved Use Area" means areas and/or facilities within any Town Property which has been reserved through the Town Parks and Recreation Department pursuant to its policies and/or the Town of Queen Creek Public Park Regulations.
"Retention Basin" means an open space with turf and landscaping set aside for retention of runoff from adjacent lands, not located inside the boundary of Parks that are owned by the Town.
"Wash or Washes" means any natural watercourse including the immediately adjacent banks of any such Wash.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 847-24 on 10/2/2024
15-2-1 Authority15-2-2 Regulations15-2-3 Fees15-2-4 Enforcement
HISTORY
Adopted by Ord. 103-97 on 3/19/1997
Amended by Ord. 675-18 on 8/15/2018
The Town Manager or their designee is authorized to:
- Adopt, amend, and enforce rules and regulations related to the regulation, use and maintenance of all Town Properties;
- Establish opening and closing hours each Town Property will be open to the public and provide for the posting thereof;
- Issue passes and permits for use of Properties and establish the requirements, rules, procedures and forms therefore;
- Declare any section or part of any Town Property be closed to the public at any time and for any interval of time, either entirely or merely to certain uses, as they shall find reasonably necessary;
- Establish, adjust, and collect fees for programs, passes, permits, and rentals as set forth in Section 15-2-3.
- Take all such further actions they deem necessary to protect Town Property and the health, safety and welfare of the public, users of Town Property, and Town staff and representatives.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 851-24 on 11/6/2024
Pursuant to the authority granted in Section 15-2-1 above, the Town has adopted the “Town of Queen Creek Public Park Regulations,” copies of which are on file in the Town Clerk’s Office, which shall be enforced as set forth therein and in Article 9-8 of the Town Code.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 851-24 on 11/6/2024
- Administration. Pursuant to the authority granted in Section 15-2-1 above, the Town Manager or their designee shall take all actions necessary to administer, set, adjust and collect fees, including without limitation:
- Establish new fees for programs, passes, permits, and rentals.
- Implement promotional rates, discounted fees, and temporary fee reductions for the purpose of increasing community engagement, promoting specific programs, or facilitating access to parks and recreation services.
- Adjust existing fees as necessary, including to cover costs, maintain sustainability, and ensure equitable access.
- Collect fees from program participants, pass holders, permit holders, and rental users.
- Establish procedures for fee collection and enforcement which may include, without limitation:
- Payment Methods: Acceptable forms of payment (e.g. cash, check, credit card).
- Late Fees: Penalties for late or non-payment.
- Refund Policies: Guidelines for refunds and cancellations.
- Fee Considerations. In establishing or adjusting fees, the Town Manager or their designee shall follow the fee policies adopted by the Town Council and consider the following factors as they relate to the adopted fee structure and as prescribed by law:
- Cost of Service: The actual costs associated with providing the program, permit, or rental.
- Community Needs: The demand for the service and the affordability for various income levels.
- Comparable Rates: Fees charged by similar organizations or jurisdictions.
- Economic Conditions: The overall economic health of the community.
- Reporting. An annual fee report shall be presented to the Parks and Recreation Advisory Committee and to Town Council.
HISTORY
Amended by Ord. 851-24 on 11/6/2024
The provisions of this Chapter shall be enforced as set forth in Chapter 9.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
Amended by Ord. 851-24 (Formerly 15-2-3) on 11/6/2024
15-3-1 Purpose15-3-2 OperationHISTORY
Adopted by Ord. 103-97 on 3/19/1997
Amended by Ord. 764-21 on 9/15/2021
The Parks and Recreation Advisory Committee (“PRAC”) is authorized to address and advise the Town Council regarding parks and recreation programing and capital projects in the Town.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
The PRAC shall operate pursuant to the Standard Form By-Laws for Designated Town Committees as adopted by the Town Council.
HISTORY
Adopted by Ord. 764-21 on 9/15/2021
15-4-1 Purpose15-4-2 Membership15-4-3 Organization; Meetings15-4-4 Compensation15-4-5 Removal From Office; Filling Of VacanciesHISTORY
Adopted by Ord. 841-24 on 8/7/2024
The Mayor's Teen Advisory Committee ("Committee") is authorized to:
- Act in an advisory capacity to the Town Council, the Town Manager, or designee in all matter relating to the Queen Creek teen community;
- Assist in the planning of recreational community service, education and awareness programs and events, for the teen citizens of the Town; and promote and stimulate interest and participation therein;
- Perform such other duties consistent with this Article as may be requested by the Mayor or the Town Council.
HISTORY
Adopted by Ord. 841-24 on 8/7/2024
Appointments to the Committee shall be made by the Mayor and Town Council from teen residents of the Town and attending high school in Grades 9 - 12.
- The Committee shall consist of a diverse selection of representatives from schools within the Town.
- Appointments, shall be for a term of one-year, starting in August and ending in May.
- Members who are first appointed in Ninth or Tenth grade members shall commit to two (2) terms so that their membership will expire for appointees only in Eleventh and Twelfth grade.
HISTORY
Adopted by Ord. 841-24 on 8/7/2024
- The Committee shall be governed by the Town's standard form bylaws as provided under Town Code Section 2-5-8, except as modified in this Article.
- After its first meeting each year, the members of the Committee will recommend a Committee Chair and Vice Chair to the Mayor and Council for approval.
- The Committee shall establish a regular meeting schedule including time and location. Special meetings may be called by the Chair of the Committee or a majority of the members of the Committee.
- The affirmative vote of a majority of the Advisory Committee shall be necessary for it to take any action except to adjourn.
- The Town Parks and Recreation Department administrator(s) shall serve as the staff to support the Committee.
- All meetings of the Committee shall be in accordance with A.R.S. § 38-431.01, et seq. and the Town Code.
HISTORY
Adopted by Ord. 841-24 on 8/7/2024
The Members of the Committee shall serve without compensation for their services, but the Town may pay fees for necessary travel and other expenses incurred on official duty with prior authorization of the Town Manager.
HISTORY
Adopted by Ord. 841-24 on 8/7/2024
- Members of the Committee serve at the pleasure of the Council as provided under Town Code Section 2-5-8.
- Any vacancies on the Committee will be filled by appointment by the Mayor and Town Council. Upon a vacancy occurring, leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of that term.
- Three consecutive absences will result in termination from the Committee.
HISTORY
Adopted by Ord. 841-24 on 8/7/2024
15-5-1 Operation Of Devices And Conveyances In Town ParksHISTORY
Adopted by Ord. 890-26 on 5/20/2026
- Operators of other power-driven mobility devices, mopeds, motor-driven cycles, motorcycles, motor vehicles, or motorized quadricycles as listed in Article 9-8-5, section B, may use roadways and parking lots (unless prohibited by Town Code or state law) when necessary for direct ingress to or egress from the park. Such operation shall be limited to direct, continuous travel to or from an authorized parking area or device corral and shall not include general operation, circulation, staging, racing, stunt riding, or other recreational use.
- Any parking or storage of a device shall comply with Article 9-7, Parking and Obstructions, and shall not obstruct, restrict, or interfere with pedestrian access, emergency access, ADA access, park operations, or the safe use of public facilities.
- Operators of the following devices may operate in a multi-use path and use multi-use paths to access parks (this provision does not authorize operation of the device within the park except as outlined in 9-8-5(C)):
- Class 1 and 2 electric bicycles
- A motorized gas-powered bicycle
- A micromobility device
- A motorized skateboard
- A motorized play vehicle
- Nothing in this Article, or section 9-8-5, prohibits an operator from walking or carrying their devices from a roadway, multi-use path, or parking lot to an area of the park where the operator intends to use park facilities or amenities.
- Any parking, staging, or storage of a device shall comply with Article 9-7, Parking and Obstructions, and shall not obstruct, restrict, or interfere with pedestrian access, emergency access, ADA access, park operations, or the safe use of public facilities.
- This provision does not apply to mopeds, motor-driven cycles, motorcycles, motor vehicles, or motorized quadricycles.
- This provision does not authorize an operator to utilize a device or conveyance in a roadway, multi-use path, or parking lot if prohibited by Town Code or state law.
HISTORY
Adopted by Ord. 890-26 on 5/20/2026
ARTICLE 16-1 (RESERVED)ARTICLE 16-2 PROVISION OF UTILITY SERVICEARTICLE 16-3 SANITARY SEWER REGULATIONSARTICLE 16-4 WASTEWATER DISCHARGE REGULATIONSARTICLE 16-5 WATER REGULATIONSARTICLE 16-6 BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROLARTICLE 16-7 CONSTRUCTION AND FINANCING OF UTILITIES FACILITIESARTICLE 16-8 OFF-SITE IMPROVEMENTSARTICLE 16-9 WATER AND WASTEWATER CAPACITY CHARGES OFF-SITE IMPROVEMENTSARTICLE 16-10 SMALL WIRELESS FACILITIESARTICLE 16-11 SUSTAINABLE WATER ALLOCATION REGULATIONSHISTORY
Adopted by Ord. 114-97 on 8/6/1997
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
16-2-1 Applicability Of Article16-2-2 Related Documents16-2-3 Definitions16-2-4 Regulations Part Of Customer Contract16-2-5 Responsibilities16-2-6 Utility Services Department Director16-2-7 Application For Service16-2-8 Deposits16-2-9 Grounds For Refusal Of Service16-2-10 Service Lines And Water Meters16-2-11 Easements And Rights-Of-Way16-2-12 Customer Responsibility16-2-13 Payment Of Bills16-2-14 Grounds For Termination Of Service16-2-15 Nonpayment Of Delinquent Bill; Filing Of Lien; Interest16-2-16 Reconnection Of Service16-2-17 Deposit Required After Termination16-2-18 Termination Without Notice16-2-19 Limitation Of Liability16-2-20 Right Of Entry; Inspections16-2-21 System Repair Fees16-2-22 Sales Taxes; Business Privilege Taxes; In-Lieu Taxes16-2-23 Enforcement16-2-24 LiensHISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The intent and purpose of this chapter is to promote the health, safety, order and general welfare of the present and future utility customers of the town. This chapter governs the operation of utility services provided by the town. The provisions of this article shall be applicable generally to all utility services provided by the town. Where provisions of this article conflict with specific provisions of this chapter 16, such specific provisions shall apply.
Utility service shall mean potable water service, irrigation service, reclaimed water service, sewer service, effluent delivery and solid waste/recycling service provided by the town.
The services provided for under this chapter are limited to the town’s equipment ability and capacity. The town may reject any application for utility service. Enforcement rights granted to the town under this chapter are cumulative and in addition to any other remedy available to the town at law or equity.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The water master plan, wastewater master plan and the design and construction standards manual for water, wastewater and irrigation systems (collectively “utility system master plans”) are incorporated into this chapter by reference and may be periodically reviewed and updated by the utility systems department director to comply with new regulations, requirements, and procedures. Such updates shall be presented to the town council and posted on the town’s website at least 60 days prior to implementation, and additional notice of such updates shall be provided by publication in a newspaper of general circulation once each week for two consecutive weeks.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
“Applicant” means a person requesting the town to provide utility service.
“Application” means a request to the town for utility services.
“Customer” means the person or entity in whose name service is rendered, as evidenced by the name on the application, the contract for service, or utility bills, regardless of the identity of the actual user of the utility service. Customer includes the customer’s agent or contractor.
“Meter” means the instrument for measuring and indicating or recording the volume of water that has passed through it.
“Request for service” means the act of requesting or receiving utility service from the town which constitutes an agreement by the customer to comply with all the terms and conditions which are imposed by the town.
“Wastewater utility” means infrastructure used for the collection or treatment of wastewater.
“Water utility” means infrastructure used for the extraction, storage, or delivery of potable water or non-potable water but not for the delivery of wastewater or stormwater.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
All regulations contained in this chapter shall be considered a part of the contract of every customer of the town taking utility service from the town, and such customer taking utility service shall be considered as having expressly consented to be bound thereby. By accepting utility service provided by the Town of Queen Creek Utility Services Department, the customer agrees to the regulations set forth in this document/ chapter/ article.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The town council may, by ordinance or resolution, set and amend any rate, rate component, charge, fee, penalty, surcharge or service charge. The town council may adopt comprehensive utility system master plans. Upon adoption of the plans, the council shall assure that no extension, improvement or addition to a town utility shall be constructed or authorized unless and until the extension, improvement or addition conforms to the corresponding utility system master plan. The town council may adopt and amend engineering design and construction standards for improvements to, extensions of, additions to, and modifications of the town’s utilities.
A separate fund is established for the town’s water utility and for the town’s wastewater utility. All funds paid to the town pursuant to provisions of this chapter for, but not limited to, service charges, fees, construction of facilities, fines and penalties shall be deposited into the corresponding utility fund, and all expenditures made by the town in relation to the town’s ownership, operation, maintenance, repair, expansion, acquisition, management, salaries, professional fees, debt service, bond payments and other costs and charges shall be paid from the corresponding utility fund. The town council may make loans from the general fund to the town utility funds from time to time to supplement revenues generated by the town utilities to assure the timely payment of all obligations, provided that the loans are timely repaid from the corresponding utility fund to the general fund. The town utilities shall be self-supporting and funded solely from revenues generated from utility operations.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The town utilities director shall be responsible for the day-to-day management of the town utilities including, but not limited to:
- Provision of safe and reliable service to town utility customers
- Compliance with federal, state, and local ordinances and regulations
- Preparation and periodic updating of utility system master plans, including but not limited to the water master plan, wastewater master plan and the design and construction standards manual for water, wastewater and irrigation systems
- Sufficiency of the town’s water utility supply
- Adequacy of the town’s wastewater utility capacity
- Inspection and repair of the utility systems
- Review of all engineering plans and contracts related to the town’s utilities
- Collection of all funds due the town’s utilities
- Development of utilities elements of the town’s capital improvement plan
- Preparation and administration of annual budgets
- Enforcement of this chapter
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Water and/or wastewater utility service may only be provided pursuant to application to the town. Before providing service, the town shall collect all installation and other charges required by this chapter and all customer information deemed appropriate by the utilities department.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The town may require a deposit from an applicant for service. A separate deposit may be required for each service location. No interest shall be paid to customers on deposits. Deposit refunds shall be made to the individual whose name is on the account at the time of the refund. Upon the discontinuance of service, the deposit will be applied by the town toward settlement of the account. Deposits may be refundable after 12 consecutive months with no delinquincies.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 807-23 on 2/1/2023
The town may refuse to establish utility service if any of the following conditions exist:
- The applicant has an outstanding amount due for utility service with the town, and the applicant does not bring current any outstanding bills.
- A condition exists which in the town’s judgment is unsafe or hazardous to the applicant, a resident of the town or the town’s personnel or facilities.
- Refusal by the applicant to provide the town with a deposit.
- Failure of customer to furnish such funds, service, equipment or rights-of-way necessary to serve the customer and which has been specified by the town as a condition for providing utility service.
- Applicant provides false information for the purpose of obtaining service.
- Failure to comply with or violation of Article 16-11.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 809-23 on 4/19/2023
An applicant for utility service shall be responsible for the cost of installing all customer piping up to the water meter and/or discharge point for the sewer connection. The town will install its water meter at the property line or in the public right-of-way. Where the meter or service line location is changed at the request of the customer or due to alterations on the customer’s premises, the customer shall provide and have installed at his expense all piping necessary for relocation of the meter, and the town may charge for moving the meter service line.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Each town utility customer shall grant adequate easements or rights-of-way satisfactory to the town to ensure that customer service connections are accessible by the town.
The customer’s failure to grant adequate easements or rights-of-way shall be grounds for the town to refuse utility service.
When the town discovers that a customer is performing work or has constructed facilities adjacent to or within an easement or right-of-way and the work, construction or facility poses a hazard or is in violation of federal, state or town laws, ordinances, statutes, rules or regulations, or may interfere with the town’s access to its utility facilities or equipment, the town shall take whatever actions are necessary to eliminate the hazard, obstruction or violation at customer’s expense.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Each town utility customer shall be responsible for the following:
- Maintaining all facilities on the customer’s side of the point of connection in a safe and efficient manner and in accordance with all applicable federal, state, and local rules and regulations. The point of connection is the meter for water service and is where the house sewer connects to the sewer collection system for sewer service.
- Safeguarding all town utility property installed in or on the customer’s premises for the purpose of providing utility service to that customer.
- Exercising all reasonable care to prevent loss or damage to town utility property, excluding ordinary wear and tear. The customer shall be responsible for loss of or damage to town utility property on the customer’s premises arising from neglect, carelessness or misuse and shall reimburse the town for the cost of necessary repairs or replacements.
- Payment of any equipment damage resulting from unauthorized breaking of seals, tampering or bypassing the town water meter.
- Notifying the town of any town utility equipment failure.
- Paying all utility rates, charges and fees when due.
- Special provisions relating to water service.
- Water furnished by the town shall be used only on the customer’s premises and shall not be resold to any other person.
- During critical water conditions, as determined by the Town Council and/ or Utility Services Department Director, the customer shall use water only for those purposes specified by the Council and/ or Utility Services Department Director.
- Disregard for this provision shall be sufficient cause for refusal or discontinuance of water utility service by the town.
- Special provisions relating to sewer service:
- Sewer service provided by the town shall be only for the benefit of the customer’s premises and shall not be extended to any other property.
- Nothing shall be discharged into the sewer collection system which is prohibited by law, may lead to a sanitary sewerage overflow, or adversely affects the operation or maintenance of the collection system. This prohibition includes but is not limited to oil, grease, and flammable material.
- Disregard for this provision shall be sufficient cause for refusal or discontinuance of sewer and water service by the town.
- Each customer shall provide the town and its employees and agents the right of safe ingress and egress to the customer’s premises for any purpose reasonably related to the town’s provision of utility service to the premises.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Utility rates, charges or fees are due and payable to the Town upon billing as provided under Section 16-5-15 of the Town Code. Rates, fees, and/ or charges that are not paid in full, may result in water service being discontinued/ disconnected.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 807-23 on 2/1/2023
Utility service to a customer may be terminated by the town for any of the following reasons:
- Customer violation of any of the provisions in this chapter;
- Failure of the customer to meet or maintain the utility services department’s credit and deposit requirements;
- Failure of the customer to provide the town reasonable access to its utility equipment and property;
- Failure of a customer to pay a delinquent bill for utility service.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
If any bill for a utility rate, charge or fee made to the customer pursuant to this chapter is not paid by the next billing date, the customer shall be given written and/ or electronic notice specifying that the bill is delinquent and outlining the procedure by which the customer may challenge the accuracy of the bill.
The town may file a lien on the property for unpaid fees that are at least 90 days delinquent. The town may enforce the lien by any method permitted by law. Unpaid fees shall accrue interest at the rate provided by A.R.S. § 44-1201.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
In no case shall any individual, other than the town water utility, turn on the water supply to any building or any supply pipe where the supply has been turned off for the nonpayment of the monthly water bill or for the violation of any provision of this chapter. All water that has been turned off by the town water utility shall only be turned on again by the employees or agents of the town water utility.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
If utility service is terminated due to nonpayment of a delinquent bill, the Town shall require payment in full of all amounts due and owing and may require payment of a utility deposit as a condition of reestablishing service in an amount established by the Town Council.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 807-23 on 2/1/2023
Utility service may be terminated by the town without advance written notice under the following conditions:
- Existence of a hazard to the safety or health of the customer, town personnel, or general population;
- Evidence of water meter tampering or fraud;
- Evidence of unauthorized resale of water or utility services;
- A customer’s failure to comply with the curtailment procedures imposed by the Town Council and/ or Utility Services Department Director during water supply shortages or restrictions.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The town does not warrant nor guarantee its ability to provide continuous or uninterrupted utility service; nor does the town warrant or guarantee any particular level of utility service. If utility service is interrupted, disconnected, irregular or defective or fails from causes beyond the town’s control or due to the negligence of its employees, servants or agents, the town shall not be liable for damages, claims or losses arising therefrom.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The town shall have the right to enter commercial, institutional and industrial establishments and to enter upon residential property for inspection purposes related to the provision of utility service as required by this chapter or any other law, rule, regulation or order of an entity having jurisdiction thereover and for the enforcement of this chapter.
Provision shall be made for regular inspection of the town’s facilities used in providing utility service and when required by this chapter or any other law, rule, regulation or order of an entity having jurisdiction thereover, for the inspection of premises receiving utility service for purposes related to the provision of utility service.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Any customer, developer, contractor, or other person who damages, cuts, destroys, or causes the need for repair to the town’s wastewater or water systems or any part thereof (i.e. mains, laterals, service connections, etc.) shall be held financially responsible for the cost of the repair. The town shall assess the responsible party for the cost of the repair in an amount in accordance with this Code.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
All applicable sales taxes, business privilege taxes and in-lieu-of-franchise taxes shall be added to utility user fees.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
A penalty charge may be added to any user fee payment that is delinquent. Interest may accrue on the sum of delinquent payments and penalty charges, compounded monthly.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Delinquent utility service fees and charges shall constitute a lien against the property upon which such lien may be imposed. The Utility Services Director may file a lien on property for the nonpayment of utility services. Before filing the lien, the town shall provide written notice to the owner of the property. The notice shall be given at least 30 days before filing the lien and shall include an opportunity for a hearing with a designated town official. The notice shall either be personally served or mailed to the property owner, at the last known address by certified mail, or to the address to which the tax bill for the property was last mailed. If the owner does not resided on the property, the notice shall be sent to the last known address.
The unpaid utility service fees and charges, from the date of the date of recording in the office of the county recorder in the county in which the property is located, are a lien on the property until all fees and charges are paid. The lien is subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of property to satisfy a lien obtained under this article shall be made on judgment of foreclosure and order of sale. The town may bring an action to enforce the lien in the superior court in the county in which the property is located at any time after the recording, but failure to enforce the lien by this action does not affect its validity. The recorded unpaid utility service fees and charges are prima facie evidence of the truth of all matters recited in the recording and of the regularity of all proceedings before the recording.
Unpaid fees and charges pursuant to this article accrue interest at the rate prescribed by A.R.S. § 44-1201. The town shall be entitled to recover its reasonable attorney’s fees and costs incurred in the foreclosure of any such lien.
A prior assessment of unpaid fees and charges for the purposes provided in this chapter does not bar a subsequent assessment for these purposes and any number of liens on the same lot or tract of land may be enforced in the same action.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
16-3-1 Definitions16-3-2 Digging Up Streets Without A Permit; Tampering With Equipment Prohibited16-3-3 Private Wastewater Systems16-3-4 Sanitary Sewers Outside Town16-3-5 Sanitary Sewers: Design, Construction, And Inspection16-3-6 Building Connections: Permits, Approval, Records, And Responsibility16-3-7 Ownership Of Public Sewer Lines And Other Equipment Maintained By The Utility Services Department16-3-8 Sewer Service Fees16-3-9 Mandatory Sewer Connections16-3-10 Control ManholesHISTORY
Adopted by Ord. 146-99 on 4/7/1999
Repealed & Reenacted by Ord. 153-99 on 6/2/1999
Adopted by Ord. 226-02 on 8/21/2002
Amended by Ord. 327-05 on 12/21/2005
Amended by Ord. 379-07 on 3/31/2007
Amended by Ord. 418-08 on 2/20/2008
Repealed & Reenacted by Ord. 458-09 on 10/7/2009
Amended by Ord. 503-11 on 8/17/2011
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 701-19 on 6/5/2019
The words or phrases used herein shall have the meaning prescribed in the current Town code except as otherwise indicate herein:
“Branch sewer” means a sewer which receives wastewater from lateral sewers from a relatively small area.
“Building connection” means the connection to the public sewer and the extension there from the sewer to the property line in an alley or street or to the easement line in an easement, whichever is applicable, depending on the location of the public sewer.
“Building sewer” means the extension from the building drain to the building connection or other place of disposal.
“Cooling water” means the clean wastewater discharged from any heat transfer system.
“Discharge” means the disposal of wastewater into the TCS/POTW.
“Effluent” means wastewater that has been treated in a POTW.
“Lateral sewer” means a sewer which discharges into a branch or other sewer and has no common sewer tributary to it.
“Main sewer” means a sewer which receives wastewater from one or more branch sewers as tributaries.
“Maintenance” means keeping the TCS/POTW in a state of repair, including expenditures necessary to maintain the capacity for which such works were designed and constructed.
“Person” means any individual, partnership, co-partnership, firm , company, corporation, association, joint stock company, trust, state, municipality, Indian tribe, political subdivision of the state, federal governmental agency, or any other legal entity, including their legal representatives, agents or assigns.
“POTW” means a public owned treatment works and connecting sewer collection system which are owned and /or operated, in whole or in part, by the Town and which provide the Town with wastewater collection and disposal services.
“POTW user” means any person, lot, parcel of land, building or premises that discharges or causes or permits the discharge of wastewater into the POTW.
“Public sewer” means a lateral, branch, main or trunk sewer controlled and maintained by the Town.
“Replacement” means those expenditures made for obtaining and installing equipment accessories, and /or appurtenances during the useful life of the TCS/POTW which are necessary to maintain the capacity and performance of the TCS/POTW for which they were designed and constructed.
“Sanitary sewer” means a sewer which carries wastewater and to which storm water, surface water and groundwater are not intently admitted.
“Sewer” means a pipe or conduit for carrying wastewater.
“Storm sewer” means a sewer which carries storm and surface waters and drainage, but does not include wastewater containing pollutants.
“TCS” means Town Collection System (TCS). All sanitary sewer lines owned and maintained by the Town.
“Town” means the Town of Queen Creek, Arizona.
“Utility Services Department” The department as established by the Town to provide utility service, including water, wastewater, irrigation, and reclaimed water.
“Utility Services Department Director” The person designated in, Section 16-5-2 this Chapter 16 to supervise the operation of the Utility Services Department, and who is charged with certain duties and responsibilities, or a duly authorized representative of the Director.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
It shall be unlawful to:
- Dig up or cause to be dug up any street or alley in the Town for the purpose of connecting to the TCS/POTW without first obtaining a permit from the Town Engineer;
- Having a permit, dig up any portion of any street or alley of the Town for the purpose of connecting to the TCS and fail or neglect to place the street or alley in
its original condition; or
- Maliciously or willfully break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the TCS.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Except as provided in this Article, it shall be unlawful to construct or maintain within the Town any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
- Where a public sanitary sewer is not available within the Town or in any area under the jurisdiction of the Town, the building sewer shall be connected to a private wastewater disposal system, complying with the provisions and recommendations of the Arizona Department of Environmental Quality and the Sanitary Code of Maricopa County.
Such private wastewater disposal system shall be constructed, maintained, and operated at all times in a sanitary manner.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Any TCS/POTW user located outside of the Town limits who discharges wastewater into a sanitary sewer owned or operated by the Town shall be bound by the requirements of this Article.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- The Town shall have the authority to approve the design, issue permits and conduct inspections of sewer facilities that are to be connected to the Town’s sanitary sewer system.
- The design and construction of all sanitary sewers under the jurisdiction of the Town must conform to the standard sewer design and construction specifications as identified in the Maricopa Association of Governments Specifications, the Arizona Department of Environmental Quality Bulletin No. 11 and the Town’s standards.
- All sewers to be attached directly to the TCS/POTW shall be inspected by personnel of the Town during construction. The Town shall be notified at least forty-eight (48) hours prior to cutting into the TCS/POTW prior to obtaining Town approval of sewer construction.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- No authorized person shall make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Utility Services Department.
- Each person making application for a building connection shall obtain a valid plumbing permit from the Town as a prerequisite for the approval of the required building connection. All applications for building connections shall be accompanied by the current fees for such work.
- The number, location, manner of connection and size of all building connections shall be subject to the approval of the Utility Services Department Director or designee and the Utility Services Department Engineering Manager.
- The Town shall keep a record of all building sewer connections made and the purpose for which they are to be used, together with the name of the owner of the property, the owner’s agent or a representative.
- The property owner shall be responsible for the cleaning, unstopping, maintenance, and repair of the building connection piping serving the property from the owner’s home or building to the public sewer.
- Where the correction of a stoppage requires the repair or replacement of a damaged or broken section of the building connection and the damaged or broken section is located off-property in a street or alley, the property owner shall have the damaged or broken section repaired by a licensed contractor who shall obtain all permits required by the Town.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The ownership of all public sewer lines, pumping stations, treatment facilities, and equipment and other appurtenances to the sewer system maintained or accepted for maintenance by the Utility Services Department shall be vested in the Town and in no case shall the owner of any premises have the right to claim any part except where otherwise provided in the code.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- The Council may, by ordinance or resolution, set and amend any rate, rate component, fee or service charge to be made for sewer service.
- Sewer service fees shall be apportioned to include a user charge relating to the volume of effluent contributed by each user, a collection system maintenance and operation charge that includes all costs associated with maintenance of the collection system, customer billing and administration, and a capital reserve charge relating to the volume of effluent contributed. Sewer service fees shall be allocated in such a manner that is proportionate to the cost of providing wastewater service to each user or user class insofar as those costs can reasonably be determined.
- The average winter water use or the volume portion of the sewer service fee shall be determined for residential (R1) and commercial (C2) users from the average monthly water use during the winter billing cycles of December, January, and February. The new volume portion of the sewer service fee shall become effective the first billing cycle of the subsequent fiscal year. For other users the monthly volume shall be used. A cap on the average winter use to be utilized for billing residential users may be established administratively by the Town Manager or their designee.
- If a user can demonstrate that the volume portion of their service fee is significantly in error, they can appeal to the Utility Services department Director or designee for an adjustment of their sewer service fee. The decision of the Utility Services Department Director or designee shall be final.
- If a user discharges sanitary sewage, industrial wastes, water or other liquids into the town sewer system, either directly or indirectly, and it can be shown by such party, to the satisfaction of the director, that a significant portion of the water as measured by the water meter does not and cannot enter the sewer system, then the director may determine in such manner and by such method as the director may find practicable, the percentage of metered water entering the sewer system to determine the sewer charge, or the director may require or permit the installation of acceptable additional water or sewer meters, at the discharging party's expense to determine the quantity of water actually entering the sewer system, in which case the quantity of water used to determine the sewer charge shall be the quantity of water actually entering the sewer system. If such additional water or sewer meters are installed, the meter shall be subject to the adopted base charge for that specific meter without any additional usage charges.
- The following sewer user classes are established:
| CURRENT |
| Rate Class | Base Fee |
| R1 | $10.25 |
| R2 | $10.25
|
| R3 | $10.25
|
| C1 | $11.96 |
| C2 | $11.96
|
| C3 | $11.96
|
| B1 | $10.25 |
Base Wastewater Usage Fee (per 1,000 gallons)
| CURRENT |
Rate Class
| July-21 | AWWU1 Factor |
| R1 | $4.82
| 70% |
| R2 | $4.82
| 100% |
| R3 | Average2
| 70%
|
| C1 | $5.61
| N/A |
| C2 | $5.61
| 100%
|
| C3 | $5.61
| N/A
|
| B1 | $0.00 | N/A
|
Notes
1AWWU is the "average winter water use" during the months of December, January, & February.
2 R3 usage fee based on 70% of active residential customer's AWWU, which is updated annually.
A residential monthly wastewater cap is established at 17,000 gallons of water use (11,900 gallons with 70% flow factor) when determining the average winter water use.
R1: Residential I - With an individual water meter such as a single family detached.
R2: Residential II - Other, with landscaping on a separate meter, such as condominiums.
R3: Residential III - New customers prior to establishing the AWWU.
C1: Commercial and Industrial I - Landscaping on separate meters and no pretreatment; includes office buildings, apartments, retails, restaurants, schools, employment, etc.
C2: Commercial and Industrial II - Landscaping on the same meter and no pretreatment; includes Queen Creek Middle School, Canyon State Academy, and some Town Center office conversions.
C3: Commercial and Industrial III - C1 with pretreatment
B1: Builder I - Between issuance of building permit and certificate of occupancy.
HISTORY
Repealed & Reenacted by Ord. 153-99 on 6/2/1999
Adopted by Ord. 226-02 on 8/21/2002
Repealed & Reenacted by Ord. 221-02 on 8/21/2002
Amended by Ord. 267-03 on 2/20/2003
Amended by Ord. 327-05 on 12/21/2005
Amended by Ord. 379-07 on 3/31/2007
Amended by Ord. 418-08 on 2/20/2008
Amended by Ord. 503-11 on 8/17/2011
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 701-19 on 6/5/2019
Amended by Ord. 762-21 on 7/21/2021
- Property currently served by a septic tank system and located within the Town’s sanitary sewer service area shall within six months from the date a public sewer becomes available to the property, connect to the public sewer in accordance with provisions of this section and the Town’s building code. For purposes of this section, a public sewer is available to a property when the Town installs or causes to be installed lateral lines from the public sewer to the property line. It is the Town’s responsibility to notify property owners when sewer service becomes available.
- All new development within the Town’s sanitary sewer service area shall be required to connect to a public sewer system. When an existing sewer line is not adjacent to a proposed new development, it shall be the property owner’s responsibility to extend the system in accordance with the Town’s sewer master plan to serve their development.
- All property owners within the Town’s sanitary sewer area shall, within six (6) months of the adoption of this ordinance begin paying the sewer service fees provided in Section 6-4-10.
HISTORY
Repealed & Reenacted by Ord. 386-07 on 5/2/2007
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
When required by the Utility Services Department Director, the owner of any property served by a building sewer carrying any liquid or free-flowing wastewater, excluding uncontaminated water but including cooling water, resulting from any industrial or manufacturing process or from the development, recovery or processing of natural resources, with or without sanitary sewer, shall install a suitable control manhole in the building sewer to facilitate observation, measurement and sampling of the wastes. Such manhole shall be accessible, safely located and constructed in accordance with plans approved by the Utility Services Department Director. The manhole shall be installed by the owner at the owner’s expense.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
16-4-1 Purpose And Policy16-4-2 Administration16-4-3 Abbreviations16-4-4 Definitions16-4-5 Industrial Users Identified As Class I, II, Or III16-4-6 Prohibited Discharge Standards16-4-7 National Categorical Pretreatment Standards16-4-8 State Pretreatment Standards16-4-9 Local Limits16-4-10 Town's Right Of Revision16-4-11 Dilution16-4-12 Pretreatment Facilities16-4-13 Additional Pretreatment Measures16-4-14 Accidental Discharge/Slug Discharge Control Plans16-4-15 Hauled Wastewater16-4-16 Wastewater Analysis16-4-17 Wastewater Discharge Permit Requirement16-4-18 Wastewater Discharge Permitting: Existing Connections16-4-19 Wastewater Discharge Permitting: New Connections16-4-20 Wastewater Discharge Permit Application Contents16-4-21 [Reserved- Wastewater Discharge Permitting: General Permits]16-4-22 Application Signatories And Certifications16-4-23 Wastewater Discharge Permit Decisions16-4-24 Wastewater Discharge Permit Duration16-4-25 Wastewater Discharge Permit Contents16-4-26 Wastewater Discharge Permit Issuance Process16-4-27 Wastewater Discharge Permit Modification16-4-28 Wastewater Discharge Permit Transfer16-4-29 Wastewater Discharge Permit Revocation16-4-30 Wastewater Discharge Permit Reissuance16-4-31 [Reserved- Regulation Of Waste Received From Other Jurisdictions]16-4-32 Baseline Monitoring Reports16-4-33 Compliance Schedule Progress Reports16-4-34 Reports On Compliance With Categorical Pretreatment Standard Deadline16-4-35 Periodic Compliance Reports16-4-36 Reports Of Changed Conditions16-4-37 Reports Of Potential Problems16-4-38 Reports From Unpermitted Users16-4-39 Notice Of Violation/Repeat Sampling And Reporting16-4-40 Notification Of The Discharge Of Hazardous Waste16-4-41 Analytical Requirements16-4-42 Sample Collection16-4-43 Date Of Receipt Of Reports16-4-44 Recordkeeping16-4-45 Certification Statements16-4-46 Right Of Entry: Inspection And Sampling16-4-47 Search Warrants16-4-48 Confidential Information16-4-49 Publication Of Users In Significant Noncompliance16-4-50 Notification Of Violation16-4-51 Consent Orders16-4-52 Show Cause Hearing16-4-53 Compliance Orders16-4-54 Cease And Desist Orders16-4-55 Administrative Fines16-4-56 Emergency Suspensions16-4-57 Termination Of Discharge16-4-58 Alternative Administrative Enforcement16-4-59 Judicial Enforcement Remedies16-4-60 Supplemental Enforcement Action16-4-61 Affirmative Defenses To Discharge Violations16-4-62 Prohibited Discharge Standards16-4-63 Bypass16-4-64 [Reserved - Wastewater Treatment Rates]16-4-65 Miscellaneous ProvisionsHISTORY
Repealed & Reenacted by Ord. 458-09 on 10/7/2009
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
This ordinance sets forth uniform requirements for Users of the Town of Queen Creek (Town) Collection System and Publicly Owned Treatment Works and enables the Town to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations [CFR] Part 403). The objectives of this ordinance are:
- To prevent the introduction of Pollutants into the Town Collection System and Publicly Owned Treatment Works that will interfere with their operation;
- To prevent the introduction of Pollutants into the Town Collection System and Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into the receiving waters or aquifer, or otherwise be incompatible with the Publicly Owned Treatment Works;
- To protect Publicly Owned Treatment Works Personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
- To promote reuse and recycling of Industrial Wastewater and sludge from the Publicly Owned Treatment Works;
- To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Town Collection System and Publicly Owned Treatment Works;
- To enable the Town to comply with the applicable Aquifer Protection Permit and Arizona Pollutant Discharge Elimination System conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject; and
- To prevent the introduction of Pollutants into the Town Collection System and Publicly Owned Treatment Works in amounts that could cause or contribute to a sanitary sewer overflow.
This ordinance shall apply to all Users of the Town Collection System and Publicly Owned Treatment Works. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires User reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Except as otherwise provided herein, the Utility Services Department Director shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Utility Services Department Director may be delegated by the Utility Services Department Director to other Town Personnel.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The following abbreviations, when used in this ordinance, shall have the designated meanings:
| °C | degrees Celsius
|
| °F | degrees Fahrenheit
|
| AAC | Arizona Administrative Code
|
| ADEQ | Arizona Department of Environmental Quality
|
| APP | Aquifer Protection Permit
|
| A.R.S. | Arizona Revised Statutes
|
| AZPDES | Arizona Pollution Elimination Discharge System
|
| BMP | Best Management Practice
|
| BMR | Baseline Monitoring Report
|
| BOD | Biochemical Oxygen Demand
|
| cm | centimeter
|
| CFR | Code of Federal Regulations
|
| CIU | Categorical Industrial User
|
| COD | Chemical Oxygen Demand
|
| EPA | United States Environmental Protection Agency
|
| gpd | gallons per day
|
| IU | Industrial User
|
| LUST | Leaking Underground Storage Tanks
|
| mg/l | milligrams per liter
|
| O&M | Operation and Maintenance
|
| POTW | Publicly Owned Treatment Works
|
| RCRA | Resource Conservation and Recovery Act
|
| SIC | Standard Industrial Classification
|
| SIU | Significant Industrial User
|
| SNC | Significant Noncompliance
|
| TCS | Town Collection System
|
| TRC | Technical Review Criteria
|
| TSS | Total Suspended Solids
|
| U.S.C. | United States Code
|
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated.
“Act or “the Act” The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
“Approval Authority” Arizona Department of Environmental Quality (ADEQ).
“APP” Aquifer Protection Permit (APP) issued by ADEQ which imposes State standards governing the quality of effluent discharged either directly to an aquifer or to a land surface that will reach an aquifer.
“Authorized Representative of the User”
- If the User is a corporation:
- The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
- The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
- If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.
- If the User is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
- The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the Discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the Town.
“AZPDES Permit” Arizona Pollutant Discharge Elimination System Permit (AZPDES) issued by ADEQ which imposes State standards governing the quality of the effluent discharged from the Publicly Owned Treatment Works (POTW).
“Best Management Practices” (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 16-4-6 A and B [40 CFR 403.5(a) (1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. [Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established Categorical Pretreatment Standards and effluent limits.]
“Biochemical Oxygen Demand” (BOD) The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees Centigrade (°C), usually expressed as a concentration (e.g., milligrams per liter [mg/l]).
“Bypass” The intentional diversion of wastewater from any portion of a pretreatment process.
“Categorical Industrial User” (CIU) An Industrial User subject to a Categorical Pretreatment Standard or Categorical Standard.
“Categorical Pretreatment Standard” or “Categorical Standard” Any regulation containing Pollutant discharge limits promulgated by U.S. Environmental Protection Agency (EPA) in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471 and are incorporated in this chapter by reference.
“Code of Federal Regulations” (CFR) Compilation of federal regulations promulgated under the CWA and incorporated herein by reference.
“Chemical Oxygen Demand” (COD) The quantity of oxygen consumed from a chemical oxidation of inorganic and organic matter present in the water or wastewater, expressed in milligrams per liter.
“Composite Sample” A combination of individual samples obtained at regular intervals over a specified time period. The volume of each individual sample shall be either proportional to the flow rate during the sample period (flow composite) or constant and collected at equal time intervals during the composite period (time composite) as defined in the permit.
“Control Authority” The Town.
“Clean Water Act” (CWA) The Federal Water Pollution Control Act, as amended, 33 U.S.C §§1251 et seq., incorporated herein by reference.
“Daily Maximum” The arithmetic average of all effluent samples for a Pollutant collected during a calendar day.
“Daily Maximum Limits” The maximum allowable discharge limit of a Pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily Discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily Discharge is the arithmetic average measurement of the Pollutant concentration derived from all measurements taken that day.
“Domestic wastewater” Any wastewater derived from the ordinary living processes in a residential dwelling unit of such character as to permit satisfactory disposal, without special treatment, by conventional POTW processes.
“Effluent” Wastewater that has been treated in a POTW.
“Environmental Protection Agency” (EPA) The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
“Existing Source” Any source of Discharge that is not a New Source.
“Food Service Facility” Any facility that processes, prepares, and/or serves food, including but not limited to industrial and commercial establishments, such as delicatessens, bakeries, and restaurants, and private and public institutions, such as schools, hospitals, churches, day-care and residential facilities with common food preparation and dining areas, but excluding private dwellings.
“Grab Sample” A sample which is taken from a waste stream without regard to the flow or time of day in the waste stream and over a period of time not to exceed fifteen (15) minutes.
“Indirect Discharge” or “Discharge” The introduction of Pollutants into the TCS and POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
“Industrial Waste” Any liquid, free-flowing waste, resulting from any industrial or manufacturing process or from the development, recovery or processing of natural resources, with or without Suspended Solids, excluding uncontaminated water.
“Industrial Wastewater Discharge Permit” A written authorization issued by the Utility Services Department Director categorized as either Class I or Class II allowing a Class I or Class II industrial user to discharge wastewater into the TCS.
“Inflow” Water other than wastewater that enters a sewerage system, including sewer service connections, from sources such as roof leaders, cellar drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between Storm Water Sewers and sanitary sewers, catch basins, cooling towers, Storm Waters, surface runoff, street wash waters or drainage.
“Instantaneous Limits” The maximum concentration of a Pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
“Interference” A Discharge, which alone or in conjunction with a Discharge or Discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the applicable APP and AZPDES permits or of the prevention of biosolids use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; and the Toxic Substances Control Act.
“Local Limit” Specific discharge limits developed and enforced by the Town upon non- residential facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a) (1) and (b).
“Maintenance” Keeping the Town Collection System (TCS) and POTW in a state of repair, including expenditures necessary to maintain the capacity for which such works were designed and constructed.
“Medical Waste” Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
“Monthly Average” The sum of all daily Discharges measured during a calendar month divided by the number of daily Discharges measured during that month.
“Monthly Average Limit” The highest allowable average of daily Discharges over a calendar month, calculated as the sum of all daily Discharges measured during a calendar month divided by the number of daily Discharges measured during that month.
“New Source”
- Any building, structure, facility, or installation from which there is (or may be) a Discharge of Pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that:
- The building, structure, facility, or installation is constructed at a site at which no other source is located; or
- The building, structure, facility, or installation totally replaces the process or production equipment that causes the Discharge of Pollutants at an Existing Source; or
- The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an Existing Source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the Existing Source, should be considered.
- Construction on a site at which an Existing Source is located results in a modification rather than a New Source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (A) (2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.
- Construction of a New Source as defined under this paragraph has commenced if the owner or operator has:
- Begun, or caused to begin, as part of a continuous onsite construction program
- any placement, assembly, or installation of facilities or equipment; or
- significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of New Source facilities or equipment; or
- Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
“Noncontact Cooling Water” Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
“Parameter” A fundamental characteristic of wastewater around which treatment is designed, such as flow, BOD, TSS, and phosphorus.
“Pass Through” A Discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a Discharge or Discharges from other sources, is a cause of a violation of any requirement of the applicable APP or AZPDES permit, including an increase in the magnitude or duration of a violation.
“Permittee” Any person who owns, operates, processes or controls an establishment or plant being operated under a valid Industrial Wastewater Discharge Permit to discharge wastewater into the TCS and POTW.
“Person” Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, Indian tribe, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
“pH” A measure of the acidity or alkalinity of a solution, expressed in standard units; the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter or solution.
“Pollutant” Dredged spoil, solid waste, incinerator residue, filter backwash, Sewage, garbage, biosolids, munitions, Medical Wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and Industrial Wastes, and certain characteristics of wastewater (e.g., fats, oils, grease, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
“Pretreatment” The reduction of the amount of Pollutants, the elimination of Pollutants, or the alteration of the nature of Pollutant properties in wastewater prior to, or in lieu of, introducing such Pollutants into the TCS and POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the Pollutants unless allowed by an applicable Pretreatment standard.
“Pretreatment Requirements” Any substantive or procedural requirement related to Pretreatment imposed on a User, other than a Pretreatment standard.
“Pretreatment Standards or Standards” Pretreatment Standards shall mean Prohibited Discharge Standards, Categorical Pretreatment Standards, and Local Limits.
“Process Wastewater” Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
“Prohibited Discharge Standards” or “Prohibited Discharges” Absolute prohibitions against the Discharge of certain substances; these prohibitions appear in Section 16-4-6 of this ordinance.
“Publicly Owned Treatment Works” (POTW) A treatment works as defined by Section 212 of the Act (33 U.S.C. §1292) which is owned in part by the Town and provide the Town with wastewater collection and disposal services. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of Sewage or Industrial Wastes of a liquid nature, recharge/reuse systems and facilities, and any conveyances which convey wastewater to a Treatment Plant.
“Ready Access” The ability of the Utility Services Department Director to enter and approach sampling and monitoring locations such that equipment can be safely and easily delivered by truck, installed, operated, maintained, and inspected.
“Representative Sample” A Composite Sample obtained by flow proportional sampling techniques except where another sampling method is specified by the User’s wastewater discharge permit or authorized by the Utility Services Department Director.
“Sanitary Sewer” A sewer which carries wastewater and to which storm water, surface water and groundwater are not intentionally admitted.
“Septic Tank Waste” Any Sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
“Sewage” Human excrement and gray water (household showers, dishwashing operations, etc.). Any and all waste substances, liquids or solids associated with human habitation, but excluding storm, surface and ground water, and Industrial Waste.
“Significant Industrial User” (SIU) Defined as Industrial User that meets the following criteria:
- An Industrial User subject to Categorical Pretreatment Standards; or
- An Industrial User that:
- Discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process wastewater to the TCS and POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
- Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW’s Treatment Plant; or
- Is designated as such by the Town on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or requirement.
- The Town may determine that an Industrial User subject to Categorical Pretreatment Standards is a non-significant Categorical Industrial User (CIU) rather than a SIU on a finding that the Industrial User never discharges more than one hundred (100) gpd of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:
- The Industrial User, prior to Town’s finding, has consistently complied with all applicable Categorical Pretreatment Standards and requirements; and
- [Reserved]
- The Industrial User never discharges any untreated concentrated wastewater.
- Upon a finding that a User meeting the criteria in Subsection (2) of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or requirement, the Town may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8(f) (6), determine that such User should not be considered a SIU.
“Slug Load or Slug Discharge” Any Discharge at a flow rate or concentration, which could cause a violation of the Prohibited Discharge Standards in Section 16-4-6 of this ordinance. A Slug Discharge is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW’s regulations, Local Limits or permit conditions. In particular, any pollutant concentration, quantity, or flow rate which, during any period of fifteen minutes or more, is greater than five times the average twenty-four hour concentration, quantity, or flow rate for such pollutant during normal operations.
“Standard Industrial Classification (SIC) Code” A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
“Storm Water Sewer” A sewer which carries storm and surface waters and drainage but excludes Sewage and polluted Industrial Wastes.
“Storm Water” Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation.
“Total Suspended Solids” (TSS) or “Suspended Solids” The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
“Town” The Town of Queen Creek, Arizona.
“Town Collection System” (TCS) All sanitary sewer lines owned and maintained by the Town.
“Upset” An exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards because of factors beyond the reasonable control of the User. An Upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
“User” or “Industrial User” A source of Indirect Discharge.
“User Charge” A portion of the sewer fee levied by the Town which shall be sufficient to fund the estimated annual operation and maintenance (during replacement) cost of the TCS and POTW.
“User Class” Any grouping as determined by the Utility Services Department Director of TCS and POTW users, including Class I, II, and III industrial users.
“Utility Services Department Director” The person designated by the Town, Section 16-2- 2 of the Town Code, to supervise the operation of the Pretreatment Program, and who is charged with certain duties and responsibilities by this ordinance, or a duly authorized representative.
“Utility Services Department” The department established by the Town to provide utility service, including water, waste water, irrigation and reclaimed water.
“Vehicle Service Facility” Any facility, excluding residential homes, that conducts one or more of the following operations with respect to vehicles or components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement, engine and parts cleaning, body repair, vehicle salvage and wrecking, or vehicle washing.
“Waste Hauler” Any Person carrying on or engaging in vehicular transport of wastewater or wastes as part of, or incidental to, any business for the purpose of discharging such waste into the TCS and POTW.
“Wastewater” Liquid and water-carried industrial waste and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are conveyed to the TCS and POTW.
“Wastewater Treatment Plant” or “Treatment Plant” That portion of the POTW which is designed to provide treatment of municipal Sewage and Industrial Waste.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The following sewer user classes have been established for Commercial and Industrial Users:
- Class I Industrial users are defined as Significant Industrial Users (SIUs)
- Class II Industrial users shall be any industrial user that meets all of the following criteria:
- Is not an SIU;
- Is determined in writing by the Utility Services Department Director to be responsible for an industrial discharge which causes or has the reasonable potential to cause harm or damage to the TCS or POTW, worker safety, public safety, or the environment; and
- Has discharges which are any one or more of the following:
- Greater than the equivalent strength of twenty-five thousand (25,000) gpd of domestic waste measured by BOD and TSS.
- Pollutants in groundwater subject to a remedial action plan that has been approved by an appropriate regulatory agency.
- Any of the substances described in Section 16-4-6 of this ordinance.
- Either domestic wastewater or no discharge at all, but such industrial user does have significant quantities of pollutants which, if discharged, would be regulated by this ordinance.
- All Commercial Industrial Users that are not Class I or II under subsections A and B of this Section shall be identified as Class III Industrial Users.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- General Prohibitions
No User shall introduce or cause to be introduced into the TCS and POTW any Pollutant or wastewater which causes Pass Through or Interference, or any water or waste that could cause a violation of any Categorical Standard or Pretreatment or recharge requirement. These general prohibitions apply to all Users of the TCS and POTW whether or not they are subject to Categorical Pretreatment Standards or any other National, State, or local Pretreatment Standards or requirements.
- Specific Prohibitions
Except as provided in this Section, no Person or User shall discharge, cause to be discharged, or process or store in such a manner that they could be discharged, any of the following described water or wastes to the TCS or POTW:
- Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases which, by reason of their nature or quantity could be sufficient, either alone or by interaction with other substances, to cause injury to the TCS and POTW from fire or explosion.
- Pollutants which create a fire or explosive hazard in the TCS and POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (°F) (60 °C) using the test methods specified in 40 CFR 261.21.
- Wastewater causing two readings on an explosion hazard meter at the point of discharge into the TCS and POTW, or at any point in the TCS and POTW, of more than five percent (5%) or any single reading over ten percent (10%) of the Lower Explosive Limit of the meter.
- Any water or waste having a pH lower than five (5.0) standard units (SU) or greater than ten and one-half (10.5) SU or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel to the TCS and POTW.
- Wastewater having a temperature greater than 150 °F (65.6 °C), or which will inhibit biological activity in the TCS and POTW resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the TCS and POTW to exceed 104 °F (40 °C).
- Fats, oils, or greases of animal or vegetable origin in amounts that will cause or contribute to obstruction of the flow in the TCS and POTW.
- Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in amounts which will cause or contribute to obstruction of the flow in the TCS and POTW, Interference, Pass Through, or damage to the TCS and POTW.
- Pollutants, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference with the POTW.
- Solid or viscous substances in amounts which will cause or contribute to obstruction of the flow in the TCS and POTW, but in no case solids greater than one-half inch (1/2”) or 1.27 centimeters (cm) in any dimension.
- Any water or waste containing a toxic, poisonous, radioactive or other substance in sufficient quantities to cause, or have the potential to cause, injury or interfere with any wastewater treatment process, cause effluent of the POTW to come out of ADEQ compliance, cause corrosive structural damage or equipment degradation constitute a hazard to humans or animals or create any hazard to the TCS and POTW system or in the receiving waters and aquifer, or Pollutants which result in the presence of toxic gasses, vapors or fumes within the TCS and POTW system in a quantity that may cause acute worker health and/or safety problems.
- Any Pollutant in concentrations that pose a risk of fume toxicity or other health and safety risks to TCS and POTW workers. The Town reserves the right to establish, by ordinance or in wastewater discharge permits, specific instantaneous effluent limitations for these Pollutants.
- Any noxious or malodorous liquids, gas or substance which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life, or prevent entry into the TCS for maintenance and repair.
- Trucked or hauled Pollutants, except at discharge points designated by the Utility Services Department Director in accordance with Section 16-4-15 of this ordinance, including any water or waste that is transported from the point of generation to the TCS and POTW by any septic tank pumper or chemical Waste Hauler, or similarly transported unless the transporter has first:
- Disclosed to the Utility Services Department Director the origin, nature, concentration and volume of all Pollutants to be discharged; and
- Obtained written consent of the Utility Services Department Director to discharge.
- Storm Water, surface water, ground water, roof runoff, subsurface drainage, single-pass cooling water or condensate that may constitute inflow to any sanitary sewer. No rain spout, roof drain or other form of surface drainage and no foundation drainage or sump pump shall be connected to, or discharge into, any sanitary sewer. Storm Water and all other unpolluted drainage shall be discharged to such sewers or drains as are specifically designated by the Utility Services Department Director.
- Sludges, screenings, or other residues from the Pretreatment of Industrial Wastes.
- Medical Wastes, except as specifically authorized by the Utility Services Department Director in a wastewater discharge permit.
- Wastewater causing, alone or in conjunction with other sources, the POTW effluent to fail a toxicity test.
- Detergents, surface-active agents, or other substances which may cause excessive foaming in the TCS and POTW.
- Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the POTW effluent, thereby violating the AZPDES permit.
- Wastewater that has been diluted in any way as a substitute for pretreatment for the purpose of obtaining compliance with any categorical standard or pretreatment requirement imposed by this Article except where dilution is expressly authorized by any categorical standard.
- A discharge, other than domestic wastewater, that exhibits a characteristic of a hazardous waste or contains a substance that is listed as a hazardous waste pursuant to either the Arizona Administrative Code (AAC) R18-8-261 or 40 CFR Part 261, whichever is applicable, whether or not the discharge is otherwise subject to hazardous waste regulations. The Utility Services Department Director may allow a discharge of such wastes, if upon written request of the affected person; the Utility Services Department Director determines that the discharge would not cause Interference or Pass Through with POTW operations.
- Waste water sampled using the following specified sample type which exceeds the limits for the following parameters, expressed in the total form as micrograms per liter (ug/L):
- The instantaneous effluent limitation shall be the maximum allowable concentration permitted in a discharge at any time as measured in a grab sample. The instantaneous effluent limitation for the following parameters shall be:
| Parameter | Limit (ug/L) | Sample Type |
| i. | Benzene | 35 | Grab |
| ii. | Chloroform | 2,000 | Grab |
- The following parameters are prohibited from being discharged to the TCS and POTW:
- BHC-alpha
- BHC-beta
- BHC-gamma (lindane)
- Chrysene
- Heptachlor
- Heptachlor Epoxide
- Phenanthrene
- Polychlorinated Biphenyl Compounds (PBCs)
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405- 471 are hereby incorporated.
- Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a Pollutant in wastewater, the Utility Services Department Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
- When the limits in a Categorical Pretreatment Standard are expressed only in terms of mass of Pollutant per unit of production, the Utility Services Department Director may convert the limits to equivalent limitations expressed either as mass of Pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial Users.
- When wastewater subject to a Categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Utility Services Department Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
- [Reserved]
- [Reserved]
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
State Pretreatment Standards located at Arizona Administrative Code R18-9-A905 (A) (8) (b) are hereby incorporated.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- The Utility Services Department Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).
- Class I Industrial Users shall not discharge or cause to be discharged at any entry point into the TCS any wastewater which exceeds the daily average effluent limitation specified in part (3) below. A Class II Industrial User also may be subject to one or more of the daily average effluent limitations if the Utility Services Department Director determines in writing that such user is responsible for an industrial discharge which causes or has the reasonable potential to cause harm or damage to worker safety, public safety or the environment. This written determination shall identify the daily average effluent limitations applicable to the user that are necessary to minimize the potential harm or damage to worker safety, public safety and the environment.
- The daily average effluent limitation shall be the maximum allowable concentration permitted in a discharge as measured, where feasible, in a composite sample obtained by flow proportional sampling techniques. If the Utility Services Department Director determines that flow-proportional site sampling is not feasible, the Utility Services Department Director may allow or conduct composite sampling by time-proportional techniques or by the compositing or averaging of one or more grab samples.
- Sampling for the daily average effluent limitation shall be conducted using the sample type specified in part (3) below.
- The daily average effluent limitation for the following parameters, expressed in the total form as milligrams per liter (mg/L), shall be:
| Parameter | Limit (mg/L)
| Sample Type |
| a. | Arsenic | 0.1 | Composite
|
| b. | Cadmium | 0.047 | Composite
|
| c. | Copper | 1.5 | Composite
|
| d. | Cyanide | 2.0 | Grab |
| e. | Lead | 0.41 | Composite
|
| f. | Mercury | 0.0023 | Composite
|
| g. | Selenium | 0.024 | Composite
|
| h. | Silver | 1.2 | Composite
|
| i. | Zinc | 3.5 | Composite
|
- The above limits apply at the point where the wastewater is discharged to the TCS and POTW. The Utility Services Department Director may impose mass limitations in addition to the concentration-based limitations above. The Utility Services Department Director may develop Best Management practices (BMPs), by ordinance or in individual wastewater discharge permits to implement Local Limits and the requirements of Section 16-4-6.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Town reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent Standards or requirements on Discharges to the TCS and POTW consistent with the purpose of this ordinance.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
No User shall ever increase the use of process water, or in any way attempt to dilute a Discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable Pretreatment Standard or requirement. The Utility Services Department Director may impose mass limitations on Users who are using dilution to meet applicable Pretreatment Standards or requirements or in other cases when the imposition of mass limitations is appropriate.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Users shall provide wastewater treatment as necessary to comply with this ordinance and achieve compliance with all Categorical Pretreatment Standards, local Limits, and prohibitions outlined in Section 16-4-6 of this ordinance within the time limitations specified by EPA, ADEQ, or the Utility Services Department Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User’s expense.
Plans, specifications and any other pertinent information relating to proposed Pretreatment facilities shall be submitted for review by and the approval of the Utility Services Department Director as well as the engineering division of the State and County Boards of Health. No such construction of such facilities shall be commenced until such approvals are obtained in writing. The completed facilities shall not be placed in service until they have been inspected for conformance to the approved plans and the final construction approved by the Utility Services Department Director. The approval of the plans and inspection of construction shall not relieve the owner from complying with, and achieving, discharge limitations set forth in this chapter. The review of such plans and operating procedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a Discharge acceptable to the Town under the provisions of this ordinance.
Federal Pretreatment regulations shall be enforced as applicable. No Discharge may cause the POTW to exceed the applicable APP or AZPDES limitations.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- The Utility Services Department Director may require Users to restrict their Discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate Sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the TCS and POTW and determine the User's compliance with the requirements of this ordinance.
- The Utility Services Department Director may require any Person discharging into the TCS and POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
- Pretreatment devices for the removal of fats, oils, and grease and sand, grit, and/or other solids shall be installed by Food Service Facilities and Vehicle Service Facilities. They shall also be installed by other Users when, in the opinion of the Utility Services Department Director, they are necessary for the proper handling of wastewater containing excessive amounts of these materials except that such interceptors shall not be required for residential Users. Requirements for the proper handling of these constituents in wastewater are as follows:
- Grease interceptors shall be required, installed, and maintained as specified in the Utility Services Department Director policies and procedures for the sizing and cleaning of interceptors for the food service industry.
- Sand/oil interceptors and oil/water separators shall be required, installed, and maintained as specified in the Utility Services Department Director’ policies and procedures for the sizing and cleaning of interceptors for the vehicle service industry.
- All interceptors and separators shall be of a type and capacity approved by the Utility Services Department Director or designee as defined by the Utility Services Department Design and Specifications Manual; located as to be readily and easily accessible for cleaning and inspection; constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature; and provided with trafficrated vaults and lids. They shall be of a substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
- Where installed, all interceptors and separators shall be maintained by the owner, at his expense, in continuous, efficient operation at all times. Interceptors and separators shall be inspected, cleaned and repaired regularly by the User at the User’s expense as specified in the Utility Services Department Director’ policies and procedures. The User shall have grease removed and disposed by grease haulers that are approved by the Utility Services Department Director. The User shall keep records of all cleaning, repair and maintenance for at least three (3) years on the site where the interceptor, separator or trap is located. These records shall include copies of manifests indicating the point of discharge for each load. Such records shall be available for inspection by the Utility Services Department Director upon request.
- The Utility Services Department Director may require, in addition to the installation of Pretreatment devices, other actions by Users as necessary to implement the Town’s program to manage fats, oil, and grease, including but not limited to adoption and implementation of BMPs.
- Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Utility Services Department Director shall evaluate whether each SIU needs an accidental Discharge/Slug Discharge control plan. The Utility Services Department Director may require any User to develop, submit for approval, and implement such a plan. Alternatively, the Utility Services Department Director may develop such a plan for any User. An accidental Discharge/Slug Discharge control plan shall address, at a minimum, the following:
- Description of discharge practices, including non-routine batch Discharges;
- Description of stored chemicals;
- Procedures for immediately notifying the Utility Services Department Director of any accidental or Slug Discharge, as required by Section 16-4-37 of this ordinance; and
- Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic Pollutants, including solvents, and/or measures and equipment for emergency response.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- The Utility Services Department Director shall require haulers of Septic Tank Waste to obtain wastewater discharge permits.
- Septic Tank Waste haulers may discharge loads only at locations designated by the Utility Services Department Director and at such times as are established by the Utility Services Department Director. The Utility Services Department Director may collect samples of each hauled load to ensure compliance with applicable Standards. The Utility Services Department Director may require the Septic Tank Waste hauler to provide a waste analysis of any load prior to discharge. The Discharge of hauled Septic Tank Waste is subject to all other requirements of this ordinance.
- Septic Tank Waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the Septic Tank Waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. Septic Tank Waste haulers shall maintain records of all waste- tracking forms for at least three (3) years.
- The Utility Services Department Director shall require grease haulers to obtain wastewater discharge permits.
- Grease haulers shall not discharge mixed loads of grease and septic tank waste or any other type of waste. Grease haulers may discharge loads only at locations designated by the Utility Services Department Director and at such times as are established by the Utility Services Department Director. The Utility Services Department Director may collect samples of each hauled load to ensure compliance with applicable Standards. The Utility Services Department Director may require the grease hauler to provide a waste analysis of any load prior to discharge. The Discharge of hauled grease is subject to all other requirements of this ordinance.
- Grease haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the grease hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. Grease haulers shall maintain records of all waste-tracking forms for at least three (3) years.
- The Utility Services Department Director shall require haulers of Industrial Waste to obtain wastewater discharge permits. The Utility Services Department Director may require generators of hauled Industrial Waste to obtain wastewater discharge permits. The Utility Services Department Director also may prohibit the disposal of hauled Industrial Waste. The Discharge of hauled Industrial Waste is subject to all other requirements of this ordinance.
- Industrial Waste haulers may discharge loads only at locations designated by the Utility Services Department Director and at such times as established by the Utility Services Department Director. No load may be discharged without prior consent of the Utility Services Department Director. The Utility Services Department Director may collect samples of each hauled load to ensure compliance with applicable Standards. The Utility Services Department Director may require the Industrial Waste hauler to provide a waste analysis of any load prior to discharge.
- Industrial Waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the Industrial Waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. Industrial Waste haulers shall maintain records of all waste-tracking forms for at least three (3) years.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
When requested by the Utility Services Department Director, a User must submit information on the nature and characteristics of its wastewater within forty-five (45) days of the request. The Director of Utilities Services is authorized to prepare a form for this purpose and may periodically require Users to update this information.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- No SIU shall discharge wastewater into the TCS and POTW without first obtaining a wastewater discharge permit from the Utility Services Department Director, except that a SIU that has filed a timely application pursuant to Section 16-4-20 of this ordinance may continue to discharge for the time period specified therein.
- The Utility Services Department Director may require Vehicle Service Facilities and Food Service Facilities to obtain individual wastewater discharge permits. The Utility Services Department Director may also elect to issue a general permit which applies to all individual Users in a particular category (e.g., Vehicle Service Facilities). Vehicle Service Facilities and Food Service Facilities shall also meet the Pretreatment Requirements of Section 16-4-14C.
- The Utility Services Department Director may require other Users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this ordinance. The Utility Services Department Director may also elect to issue a general permit or set general requirements, including implementation of Pretreatment and BMPs, which apply to all individual Users in a particular category. For the purposes of this ordinance, Users in a category:
- Involve the same or substantially similar types of operations;
- Discharge the same types of wastes;
- Require the same effluent limitations;
- Require the same or similar monitoring; and
- In the opinion of the Director of Utilities Services, are more appropriately controlled under a general permit or general requirements than under individual wastewater discharge permits.
- Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sections 16-4-50 through 16-4-60 of this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or requirements or with any other requirements of Federal, State, and local law.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Any User required to obtain a wastewater discharge permit who was discharging wastewater into the TCS and POTW prior to the effective date of this ordinance and who wishes to continue such Discharges in the future, shall, within thirty (30) days after the effective date of this ordinance, apply to the Utility Services Department Director for a wastewater discharge permit in accordance with Section 16-4-20 of this ordinance, and shall not cause or allow Discharges to the TCS and POTW to continue after thirty (30) days of the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Utility Services Department Director.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Any User required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the TCS and POTW must obtain such permit prior to the beginning or recommencing of such Discharge. An application for this wastewater discharge permit, in accordance with Section 16-4-20 of this ordinance, must be filed at least thirty (30) days prior to the date upon which any Discharge will begin or recommence.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- All Users required to obtain a wastewater discharge permit must submit a permit application. The Utility Services Department Director may require all Users to submit either independently or as part of an application the following information:
- Identifying Information:
- The name and address of the facility, including the name of the operator and owner; and
- Contact information, description of activities, facilities, and plant production processes on the premises.
- Environmental Permits. A list of any environmental control permits held by or for the facility;
- Description of Operations;
- A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and Standard Industrial Classification (SIC) of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the TCS and POTW from the regulated processes.
- Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the TCS and POTW;
- Number and type of employees, hours of operation, and proposed or actual hours of operation;
- Type and amount of raw materials processed (average and maximum per day); and
- Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
- Time and duration of Discharges;
- The location for monitoring all wastes covered by the permit;
- Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the TCS and POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in Section 16-4-7C (40 CFR 403.6(e));
- Measurement of Pollutants;
- The Categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources.
- The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the Utility Services Department Director, of regulated Pollutants in the Discharge from each regulated process.
- Instantaneous, Daily Maximum, and long-term average concentrations, or mass, where required, shall be reported.
- The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 16-4-41 of this ordinance. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Director of Utilities Services or the applicable Standards to determine compliance with the Standard.
- Sampling must be performed in accordance with procedures set out in Section 16-4-42 of this ordinance.
- [Reserved]
- Any other information as may be deemed necessary by the Director of Utilities Services to evaluate the permit application; and
- Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- All wastewater discharge permit applications, User reports and certification statements must be signed by an Authorized Representative of the User and contain the certification statement in Section 16-4-45(A).
- If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Utility Services Department Director prior to or together with any reports to be signed by an authorized representative.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Utility Services Department Director will evaluate the data furnished by the User and may require additional information. Within sixty (60) days of receipt of a complete wastewater discharge permit application, the Utility Services Department Director will determine whether or not to issue a wastewater discharge permit. The Utility Services Department Director may deny any application for a wastewater discharge permit or place upon it such conditions and restrictions as authorized by this ordinance.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Utility Services Department Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Utility Services Department Director to prevent Pass Through or Interference, protect the quality of the water body receiving the POTW’s effluent, protect worker health and safety, facilitate sludge management and disposal, protect against damage to the TCS and POTW, and prevent sanitary sewer overflows.
- Wastewater discharge permits for SIUs must contain and for all other Users may contain:
- A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
- A statement that the wastewater discharge permit is nontransferable without prior notification to the Town in accordance with Section 16-4-28 of this ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
- Effluent limits based on applicable Pretreatment Standards and/or requirements for BMPs;
- Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of Pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and
- [Reserved]
- A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.
- [Reserved]
- [Reserved]
- Wastewater discharge permits may contain, but need not be limited to, the following conditions:
- Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
- Requirements for the installation of Pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of Pollutants into the treatment works;
- Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine Discharges;
- Development and implementation of waste minimization plans, including but not limited to BMPs, to reduce the amount of Pollutants discharged to the TCS and POTW;
- The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the TCS and POTW;
- Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
- A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards, including those which become effective during the term of the wastewater discharge permit; and
- Other conditions as deemed appropriate by the Utility Services Department Director to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Reserved.
- Permit Appeals. The Utility Services Department Director shall provide public notice of the issuance of an individual wastewater discharge permit. Any Person, including the User, may petition the Utility Services Department Director to reconsider the terms of a wastewater discharge permit within twenty (20) days of notice of its issuance.
- Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
- In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit. If appeal is from denial, the appeal should set forth all reasons the application for permit, renewal, or reissuance should have been granted.
- The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
- If the Utility Services Department Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
- Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Arizona Superior Court for Maricopa County within thirty (30) days of final administrative action. This article cannot confer jurisdiction upon the Arizona Superior Court for Maricopa County by only establishes when action may be ripe and administrative remedies have been exhausted.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- The Utility Services Department Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
- To incorporate any new or revised Federal, State, or local Pretreatment Standards or requirements;
- To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
- A change in the TCS or POTW that requires either a temporary or permanent reduction or elimination of the authorized Discharge;
- Information indicating that the permitted Discharge poses a threat to the TCS and/or POTW, Town personnel, or the receiving waters;
- Violation of any terms or conditions of the wastewater discharge permit;
- Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
- Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40 CFR 403.13;
- To correct typographical or other errors in the wastewater discharge permit; or
- To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 16-4-28.
- [Reserved]
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance notice to the Utility Services Department Director and the Utility Services Department Director approves the wastewater discharge permit transfer. The notice to the Utility Services Department Director must include a written certification by the new owner or operator which:
- States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
- Identifies the specific date on which the transfer is to occur; and
- Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Utility Services Department Director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
- Failure to notify the Utility Services Department Director of significant changes to the wastewater prior to the changed Discharge;
- Failure to provide prior notification to the Director of Utilities Services of changed conditions pursuant to Section 16-4-36 of this ordinance;
- Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
- Falsifying self-monitoring reports and certification statements;
- Tampering with monitoring equipment;
- Refusing to allow the Utility Services Department Director timely access to the facility premises and records;
- Failure to meet effluent limitations;
- Failure to pay fines;
- Failure to pay sewer charges;
- Failure to meet compliance schedules;
- Failure to complete a wastewater survey or the wastewater discharge permit application;
- Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
- Violation of any Pretreatment Standard or requirement, or any terms of the wastewater discharge permit or this ordinance.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular User are void upon the issuance of a new wastewater discharge permit to that User.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
A User with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 16-4-20 of this ordinance, a minimum of thirty (30) days prior to the expiration of the User's existing wastewater discharge permit.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Within either one hundred eighty (180) days after the effective date of a Categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing CIUs currently discharging to or scheduled to discharge to the TCS and POTW shall submit to the Utility Services Department Director a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their Discharge, New Sources, and sources that become CIUs subsequent to the promulgation of an applicable Categorical Standard, shall submit to the Utility Services Department Director a report which contains the information listed in paragraph B, below. A New Source shall report the method of Pretreatment it intends to use to meet applicable Categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity of Pollutants to be discharged. The Utility Services Department Director may designate in permits issued to other Users that they must file the reports required by this Section.
- Users described above shall submit the information set forth below.
- All information required in Section 16-4-20 A(1)(a), Section 16-4-20 A(2), Section 16-4-20 A(3)(a), and Section 16-4-20.A(6).
- Measurement of Pollutants.
- The User shall provide the information required in Section 16-4-20 A(7)(a) through (d).
- The User shall take a minimum of one Representative Sample to compile that data necessary to comply with the requirements of this paragraph.
- Samples should be taken immediately downstream from Pretreatment facilities if such exist or immediately downstream from the regulated process if no Pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to Pretreatment the User should measure the flows and concentrations necessary to allow use of the combined waste stream formula in 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority.
- Sampling and analysis shall be performed in accordance with Sections 16-4-41 and 16-4-42.
- The Utility Services Department Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial Pretreatment measures.
- The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected Pollutant Discharges to the TCS and POTW.
- Compliance Certification. A statement, reviewed by the User's authorized representative and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional Pretreatment is required to meet the Pretreatment Standards and requirements.
- Compliance Schedule. If additional Pretreatment and/or O&M will be required to meet the Pretreatment Standards, the shortest schedule by which the User will provide such additional Pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set out in Section 16-4-33 of this ordinance.
- Signature and Report Certification. All baseline monitoring reports (BMRs) must be signed and certified in accordance with Section 16-4-22 of this ordinance.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The following conditions shall apply to the compliance schedule required by Section 16-4-32 (B)(4) of this ordinance:
- The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional Pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
- No increment referred to above shall exceed nine (9) months;
- The User shall submit a progress report to the Utility Services Department Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established schedule; and
- In no event shall more than nine (9) months elapse between such progress reports to the Utility Services Department Director.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Within ninety (90) days following the date for final compliance with applicable Categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of wastewater into the TCS and POTW, any User subject to such Pretreatment Standards and requirements shall submit to the Utility Services Department Director a report containing the information described in Section 16-4-20 A(6) and (7) and 16-4-32.B(2) of this ordinance. For Users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the User's long-term production rate. For all other Users subject to Categorical Pretreatment Standards expressed in terms of allowable Pollutant Discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 16-4-45(A) of this ordinance.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- SIUs and other Users as may be designated by the Utility Services Department Director shall provide, at their own expense, sampling and analyses at least twice each year, in June and December, according to 40 CFR 403.12. If any sample that is taken by the SIU or the Town is not within the limits of this chapter or the Federal Categorical Standards, then the User will be required to perform the sampling and analyses as often as is determined by the Utility Services Department Director to be necessary.
- All SIUs and other Users as may be designated by the Utility Services Department Director shall, at a frequency determined by the Utility Services Department Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of Pollutants in the Discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 16-4-22 of this ordinance.
- All wastewater samples must be representative of the User's Discharge and analyzed in compliance with Sections 16-4-41, 16-4-42, and 16-4-43. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its Discharge.
- If a User subject to the reporting requirement in this Section monitors any Pollutant more frequently than required by the Utility Services Department Director, using the procedures prescribed in Section 16-4-42 of this ordinance, the results of this monitoring shall be included in the report.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Each User must notify the Utility Services Department Director of any planned significant changes to the User's operations or system which might alter the nature, quality, or volume of its wastewater at least forty-five (45) days before the change.
- The Utility Services Department Director may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 16-4-20 of this ordinance.
- The Utility Services Department Director may issue a wastewater discharge permit under Section 16-4-30 of this ordinance or modify an existing wastewater discharge permit under Section 16-4-27 of this ordinance in response to changed conditions or anticipated changed conditions.
- For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater, and the Discharge of any previously unreported Pollutants.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- In the case of any Discharge, including, but not limited to, accidental Discharges, Discharges of a non-routine, episodic nature, a non-customary batch Discharge, Slug Discharge or a Slug Load, that may cause potential problems for the TCS and POTW, the User shall immediately telephone and notify the Utility Services Department Director of the incident. This notification shall include the location of the Discharge, type of waste, concentration and volume, if known, and corrective actions taken by the User.
- Within five (5) days following such Discharge, the User shall submit a detailed written report describing the cause(s) of the Discharge and the measures to be taken by the User to prevent similar future occurrences. Such notification shall not relieve the User of any expense, loss, damage, or other liability which may be incurred as a result of damage to the TCS and POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the User of any fines, penalties, or other liability which may be imposed pursuant to this ordinance.
- A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees who to call in the event of a Discharge described in paragraph A, above. Employers shall ensure that all employees, who may cause such a Discharge to occur, are advised of the emergency notification procedure.
- SIUs are required to notify the Utility Services Department Director immediately of any changes at its facility affecting the potential for a Slug Discharge.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
All Users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Utility Services Department Director the Utility Services Department Director may require.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
If sampling performed by a User indicates a violation, the User must notify the Utility Services Department Director within twenty-four (24) hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Utility Services Department Director within thirty (30) days after becoming aware of the violation. Re-sampling by the User is not required if the Utility Services Department Director performs sampling at the User’s facility at least once a month, or if the Utility Services Department Director performs sampling at the User between the time when the initial sampling was conducted and the time when the User or the Utility Services Department Director receives the results of this sampling, or if the Director of Utilities Services has performed the sampling and analysis in lieu of the User.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Any User who commences the Discharge of hazardous waste shall notify the Utility Services Department Director, the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any Discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of Discharge (continuous, batch, or other). If the User discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the Discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 16-4-36 of this ordinance. The notification requirement in this Section does not apply to Pollutants already reported by Users subject to Categorical Pretreatment Standards under the self-monitoring requirements of Sections 16-4-32, 16-4-34, and 16-4-35 of this ordinance.
- Dischargers are exempt from the requirements of paragraph A, above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the User discharges more than such quantities of any hazardous waste do not require additional notification.
- In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the User must notify the Utility Services Department Director, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the Discharge of such substance within ninety (90) days of the effective date of such regulations.
- In the case of any notification made under this Section, the User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
- This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- All Pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable Categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the Pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
- In order to be considered for compliance with the requirements of this article, analysis of all samples must be conducted by a laboratory licensed by the State of Arizona (A.R.S. 36-495, et seq).
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
- Except as indicated below, the User must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Utility Services Department Director. Where time-proportional composite sampling or grab sampling is authorized by the Utility Services Department Director, the samples must be representative of the Discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple Grab Samples collected during a 24hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite Samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Utility Services Department Director, as appropriate. In addition, Grab Samples may be required to show compliance with Instantaneous Limits.
- Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
- For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 16-4-32 and 16-4-34 [40 CFR 403.12(b) and (d)], a minimum of four (4) Grab Samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Utility Services Department Director may authorize a lower minimum. For the reports required by paragraphs Section 16-4-35 (40 CFR 403.12(e) and 403.12(h)), the User is required to collect the number of Grab Samples necessary to assess and assure compliance by with applicable Pretreatment Standards and requirements.
- The flow must be measured by the User at the time that the sample is taken according to 40 CFR 403.12(d).
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with BMPs established under Section 16-4-9. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or the Town, or where the User has been specifically notified of a longer retention period by the Utility Services Department Director.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Certification of Permit Applications and User Reports - The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Section 16-4-22; Users submitting BMRs under Section 16-4-32 B(5) [Note: See 40 CFR 403.12 (l)]; Users submitting reports on compliance with the Categorical Pretreatment Standard deadlines under Section 16-4-34 [Note: See 40 CFR 403.12(d)]; Users submitting periodic compliance reports required by Section 16- 4-35 A through D [Note: See 40 CFR 403.12(e) and (h)]. The following certification statement must be signed by an authorized representative as defined in Section 16-4-4:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified Personnel properly gather and evaluate the information submitted. Based on my inquiry of the Person or Persons who manage the system, or those Persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
- [Reserved]
- [Reserved]
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Utility Services Department Director shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this ordinance and any wastewater discharge permit or order issued hereunder. Users shall allow the Utility Services Department Director Ready Access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
- Where a User has security measures in force which require proper identification and clearance before entry into its premises, the User shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director of Utilities Services will be permitted to enter without delay for the purposes of performing specific responsibilities.
- The Utility Services Department Director shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the User's operations.
- The Utility Services Department Director may require the User to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
- Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of the Utility Services Department Director and shall not be replaced. The costs of clearing such access shall be borne by the User.
- Unreasonable delays allowing the Utility Services Department Director access to the User's premises shall be a violation of this ordinance. Unreasonable delays are defined in the Town’s Enforcement Response Plan, as described in Section 16-4-58.
- The Town will maintain records of monitoring that are necessary to enforce this Section.
- The Town may sample randomly and analyze for any Pollutants that would be anticipated in the effluent of a SIU or other User as may be designated by the Utility Services Department Director. The Town may designate an independent laboratory to conduct the sampling and analyses, and the staff of the designated laboratory shall be allowed to enter the premises of any User to sample any Discharge which may enter the wastewater collection system.
- The User will be financially responsible for any sampling and analysis done by the Town that is not routine as provided for in this Section.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
If the Utility Services Department Director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Town designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Utility Services Department Director may seek issuance of a search warrant from a court of competent jurisdiction.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Information and data on a User obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Utility Services Department Director’ inspection and sampling activities, shall be available to the public without restriction, unless the User specifically requests, and is able to demonstrate to the satisfaction of the Director of Utilities Services, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted in writing at the time of submission of the information or data. When requested and demonstrated by the User furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the applicable APP or AZPDES program or Pretreatment program, and in enforcement proceedings involving the Person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Utility Services Department Director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the TCS and POTW, a list of the Users which, during the previous twelve (12) months, were in significant noncompliance (SNC) with applicable Pretreatment Standards and requirements. The term SNC shall be applicable to all SIUs (or any other Industrial User that violates paragraphs (C), (D) or (H) of this Section) and shall mean:
- Chronic violations of wastewater discharge limits, defined here as those in which sixty- six percent (66%) or more of all the measurements taken for the same Pollutant parameter taken during a six- (6-) month period exceed (by any magnitude) a numeric Pretreatment Standard or requirement, including Instantaneous Limits as defined in Section 16-4-6;
- Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each Pollutant parameter during a six- (6- ) month period equals or exceeds the product of the numeric Pretreatment Standard or requirement including Instantaneous Limits, as defined by Section 16-4-6, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other Pollutants except pH);
- Any other violation of a Pretreatment Standard or requirement as defined by Sections 16-4-6, 16-4-7, 16-4-8, and 16-4-9 (Daily Maximum, long-term average, Instantaneous Limit, or narrative Standard) that the Director of Utilities Services determines has caused, alone or in combination with other Discharges, Interference or Pass Through, including endangering the health of TCS and POTW personnel or the general public;
- Any Discharge of a Pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Utility Services Department Director’ exercise of its emergency authority to halt or prevent such a Discharge;
- Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
- Failure to provide within thirty (30) days after the due date, any required reports, including BMRs, reports on compliance with Categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
- Failure to accurately report noncompliance; or
Any other violation(s), which may include a violation of BMPs, which the Utility Services Department Director determines will adversely affect the operation or implementation of the local Pretreatment program.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
When the Utility Services Department Director finds that a User has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or requirement, the Utility Services Department Director may serve upon that User a written Notice of Violation. Within fifteen (15) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Utility Services Department Director. Submission of this plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Utility Services Department Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Utility Services Department Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents will include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 16-4-53 and 16-4- 54 of this ordinance and shall be judicially enforceable.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Utility Services Department Director may order a User which has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or requirement, to appear before the Utility Services Department Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any Authorized Representative of the User. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
When the Utility Services Department Director that a User has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or requirement, the Utility Services Department Director may issue an order to the User responsible for the Discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed, maintained and/or properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self- monitoring and management practices designed to minimize the amount of Pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
When the Utility Services Department Director finds that a User has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or requirement, or that the User's past violations are likely to recur, the Utility Services Department Director may issue an order to the User directing it to cease and desist all such violations and directing the User to:
- Immediately comply with all requirements; and
- Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the Discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- When the Utility Services Department Director finds that a User has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or requirement, the Utility Services Department Director may fine such User in an amount not to exceed twenty-five thousand dollars ($25,000), in accordance with A.R.S. 49-391. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.
- Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the User's property will be sought for unpaid charges, fines, and penalties.
- Each and every day any violation continues shall be deemed and considered a separate offense. Any Person, firm or corporation violating any provisions of this chapter shall become liable to the Town for any expense, loss or damage occasioned by the Town by reason of such violation.
- The penalties set forth above shall be cumulative and nonexclusive. In addition to those penalties set forth herein, the Town may institute any other remedies available, including, but not limited to, a civil action to recover any and all monies due the Town.
- Users desiring to dispute such fines must file a written request for the Utility Services Department Director to reconsider the fine along with full payment of the fine amount within fifteen (15) days of being notified of the fine. Where a request has merit, the Utility Services Department Director may convene a hearing on the matter. In the event the User's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the User. The Utility Services Department Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
- Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Utility Services Department Director may immediately suspend a User's Discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened Discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health, safety or welfare of Persons and/or TCS and POTW employees; damage or cause to damage the collection, treatment recharge/reuse system, or any part thereof, or cause a detrimental decrease in recharge water quality. The Utility Services Department Director may also immediately suspend a User's Discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the TCS and POTW, or which presents, or may present, an endangerment to the environment.
- Any User notified of a suspension of its Discharge shall immediately stop or eliminate its wastewater Discharge. In the event of a User's failure to immediately comply voluntarily with the suspension order, the Utility Services Department Director may take such steps as deemed necessary including, but not limited to, immediate severance of the Sewer Connection, to prevent or minimize damage to the TCS and POTW, the aquifer or other receiving waters, or endangerment to any individuals. The Utility Services Department Director may allow the User to recommence its Discharge when the User has demonstrated to the satisfaction of the Utility Services Department Directorthat the period of endangerment has passed, unless the termination proceedings in Section 16-4-57 of this ordinance are initiated against the User.
- A User that is responsible, in whole or in part, for any Discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Utility Services Department Director prior to the date of any show cause or termination hearing under Sections 16-4-52 or 16-4-57 of this ordinance.
Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
In addition to the provisions in Section 16-4-29 of this ordinance, any User who violates the following conditions is subject to discharge termination:
- Violation of wastewater discharge permit conditions;
- Failure to accurately report the wastewater constituents and characteristics of its Discharge;
- Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to Discharge;
- Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or
- Violation of the Pretreatment Standards in Section 16-4-5 through 16-4-11 of this ordinance.
Such User will be notified of the proposed termination of its Discharge and be offered an opportunity to show cause under Section 16-4-52 of this ordinance why the proposed action should not be taken. Exercise of this option by the Utility Services Department Director shall not be a bar to, or a prerequisite for, taking any other action against the User.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
As an alternative to the administrative enforcement procedures and remedies delineated in Sections 16-4-50 through 16-4-57 of this ordinance, the Utility Services Department Director may elect to administratively prosecute violations of this chapter in accordance with the procedures delineated in the Town’s Enforcement Response Plan promulgated and adopted by the Town pursuant to statutory requirements set forth in the Federal Water Pollution Control Act as amended by the Clean Water Act of 1977. A copy of the Enforcement Response Plan will be available through a public records request from the Town Clerk.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Injunctive Relief
When the Utility Services Department Director finds that a User has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or requirement, the Utility Services Department Director may petition the Superior Court of Arizona, Maricopa County, through the Town’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the User. The Utility Services Department Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a User.
- Civil Penalties
- A User who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or any order issued hereunder, or any other Pretreatment Standard or requirement shall be liable to the Town for a maximum civil penalty of up to twenty-five thousand dollars ($25,000) per violation, per day, in accordance with A.R.S. 49-391. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. A.R.S. 49-391 permits recovery of civil penalties provided therein by action in superior court or negotiated settlement agreement. No consent decree in superior court or negotiated settlement may become final until the Town has provided a period of thirty (30) days for public comment.
- The Utility Services Department Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the Town.
- In determining the amount of civil liability, the Town or Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the User's violation, corrective actions taken by the User to reduce, mitigate and/or eliminate the violation and any future potential violations of a similar nature, the compliance history of the User, and any other factor as justice requires.
- Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User.
- Criminal Prosecution
- A User who willfully or negligently violates any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than twenty-five thousand dollars ($25,000) per violation, per day, or imprisonment for not more than six (6) months, or both.
- A User who willfully or negligently introduces any substance into the TCS and POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of up to twenty-five thousand dollars ($25,000) per violation, per day, or the cost of property repairs, whichever is greater, or be subject to imprisonment for not more than six (6) months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
- A User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) per violation, per day, or imprisonment for not more than six (6) months, or both.
- In the event of a second conviction, a User shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) per violation, per day, or imprisonment for not more than two (2) years, or both.
- Remedies Nonexclusive
The remedies provided for in this ordinance are not exclusive. The Utility Services Department Director may take any, all, or any combination of these actions against a noncompliant User. Enforcement of Pretreatment violations will generally be in accordance with the Town’s enforcement response plan. However, the Utility Services Department Director may take other action against any User when the circumstances warrant. Further, the Utility Services Department Director is empowered to take more than one enforcement action against any noncompliant User.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Penalties for Late Reports
A penalty shall be assessed to any User for each day that a report required by this ordinance, a permit, or order issued hereunder is late, beginning five (5) days after the date the report is due, according to the schedule in the Town’s Enforcement Response Plan. Actions taken by the Utility Services Department Director to collect late reporting penalties shall not limit the Director of Utilities Service’s authority to initiate other enforcement actions that may include penalties for late reporting violations.
- Performance Bonds
The Utility Services Department Director may decline to issue or reissue a wastewater discharge permit to any User who has failed to comply with any provision of this ordinance, a previous wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or requirement, unless such User first files a satisfactory bond, letter of credit, cash, or other security device payable to the Town, in a sum not to exceed a value determined by the Utility Services Department Director to be necessary to achieve consistent compliance.
- Liability Insurance
The Utility Services Department Director may decline to issue or reissue a wastewater discharge permit to any User who has failed to comply with any provision of this ordinance, a previous wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or requirement, unless the User first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the TCS and POTW caused by its Discharge.
- Payment of Outstanding Fees and Penalties
The Utility Services Department Director may decline to issue or reissue a wastewater discharge permit to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this ordinance, a previous wastewater discharge permit, or order issued hereunder.
- Water Supply Severance
Whenever a User has violated or continues to violate any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or requirement, water and/or sewer service to the User may be severed. Service will only recommence, at the User's expense, after it has demonstrated its ability to comply to the satisfaction of the Utility Services Department Director.
- Public Nuisances
A violation of any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Utility Services Department Director. Any Person(s) creating a public nuisance shall be subject to the provisions of the Town Code Title 3 and 4 governing such nuisances, including reimbursing the Town for any costs incurred in removing, abating, or remedying said nuisance. The remedy provided herein shall be in addition to any other remedy authorized by this Chapter.
- Informant Rewards
The Utility Services Department Director may pay up to five hundred dollars ($500) for information leading to the discovery of noncompliance by a User.
- Contractor Listing
Users which have not achieved compliance with applicable Pretreatment Standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the Town. Existing contracts for the sale of goods or services to the Town held by a User found to be in SNC with Pretreatment Standards or requirements may be terminated at the discretion of the Utility Services Department Director.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Upset
- For the purposes of this Section, “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards because of factors beyond the reasonable control of the User. An Upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
- An Upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of paragraph (C), below, are met.
- A User who wishes to establish the affirmative defense of Upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
- An Upset occurred and the User can identify the cause(s) of the Upset;
- The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable O&M procedures; and
- The User has submitted the following information to the Utility Services Department Director Services within twenty-four (24) hours of becoming aware of the Upset [if this information is provided orally, a written submission must be provided within five (5) days]:
- A description of the Discharge to the TCS and POTW and cause of noncompliance;
- The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
- Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
- In any enforcement proceeding, the User seeking to establish the occurrence of an Upset shall have the burden of proof.
- Users will have the opportunity for a judicial determination on any claim of Upset only in an enforcement action brought for noncompliance with Categorical Pretreatment Standards.
- Users shall control production of all Discharges to the extent necessary to maintain compliance with Categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
A User shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 16-4-6(A) of this ordinance or the specific prohibitions in Sections 16-4-6(B) of this ordinance if it can prove that it did not know, or have reason to know, that its Discharge, alone or in conjunction with Discharges from other sources, would cause Pass Through or Interference and that either:
- A Local Limit exists for each Pollutant discharged and the User was in compliance with each limit directly prior to, and during, the Pass Through or Interference; or
- No Local Limit exists, but the Discharge did not change substantially in nature or constituents from the User's prior Discharge when the Town was regularly in compliance with the applicable APP and AZPDES permits, and in the case of Interference, was in compliance with applicable sludge use or disposal requirements.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- For the purposes of this Section,
- “Bypass” means the intentional diversion of waste streams from any portion of a User's treatment facility.
- “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in or reduction of production, or the additional cost of treatment/Pretreatment facilities.
- A User may allow any bypass to occur which does not cause Pretreatment Standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of this Section.
- Bypass Notifications
- If a User knows in advance of the need for a bypass, it shall submit written prior request and notice to the Utility Services Department Director, at least ten (10) days before the date of the bypass.
- A User shall submit oral notice to the Utility Services Department Director of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
- Bypass
- Bypass is prohibited, and the Utility Services Department Director may take an enforcement action against a User for a bypass, unless:
- Bypass was unavoidable to prevent loss of life, Personal injury, or severe property damage as defined in Section 16-4-63 A (2);
- There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
- The User submitted notices as required under paragraph (C) of this Section.
The Utility Services Department Director may approve an anticipated bypass, after considering its adverse effects, if the Utility Services Department Director determines that it will meet the three conditions listed in paragraph (D)(1) of this Section.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Pretreatment Charges and Fees
- The Town may adopt reasonable fees for reimbursement of costs of setting up and operating the Town's Pretreatment Program which may include:
- Fees for wastewater discharge permit applications;
- Fees to recover legal costs resulting from enforcement response to any user noncompliance including, but not limited to, administrative expenses, investigation, sampling, testing, legal proceedings and filings, and continued compliance monitoring; and
- Other fees as the Town may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines, and penalties chargeable by the Town.
- Severability
- If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
16-5-1 Definitions16-5-2 Town Utility Services Department Director; Rules And Regulations; Assignment Of Duties16-5-3 Applicability; Conditions For Service16-5-4 Application For Domestic Water Service For A New Unit Of Service; Related Fees; Design And Construction Standards16-5-5 New Water Service Connections; Permit, Approval, Records16-5-6 Application For Water Service For An Existing Unit Of Service; Related Fees16-5-7 Requesting Temporary Service Suspension; Resuming Service16-5-8 Maintenance Of Meters And Connections; Right Of Entry For Inspection16-5-9 Changes Or Alterations16-5-10 Testing Of Meters16-5-11 Defective Meters16-5-12 Tampering With, Damaging Meters And Appurtenances; Unlawful Possession Of Equipment Or Reinstatement Of Service16-5-13 Schedule Of Rates16-5-14 Customer Billing16-5-15 Payment Of Bills; Delinquent Bills16-5-16 Creation Of Lien For Unpaid Charges16-5-17 Discontinuance Of Service16-5-18 Town Not Liable For Damages16-5-19 Urban Irrigation Service; Rules And Regulations Governing Service; Applicable RatesHISTORY
Adopted by Ord. 451-09 on 6/17/2009
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
“Appropriate Fees” means charges as specified in the Water Rate Schedule.
“Application” means a request to the utility for water service, as distinguished from an inquiry as to the availability or charges for such service.
“Appurtenance” means an item attached to a main structure which enables it to function, but is not considered an integral part of it.
“AOC Application” means an Application for Approval of Construction, which must be filed and approved by the Town in order to receive domestic water service for a new unit of service.
“ATC Application” means an Application for Approval to Construct, which must be filed and approved by the Town in order to start construction and installation of the approved facilities.
“Billing Period” means the time interval between two (2) consecutive meter readings that are taken for billing purposes.
“Customer” means the owner, official custodian or person in control of any premises supplied domestic water service by or in any manner connected to the water system of the Town.
“Distribution system” means the network of public waterlines which compose the basic grid and distribution system for municipal water service.
“Domestic water” means water supplied through the pipes of the water system of the Town.
“Due Date” means the date that customer payments are to be in the TofQCWD’s office.
“Irrigation Service” means the service line between the irrigation main line and discharge port (also known as the red-head) and includes any valves that may be attached.
“Manual” means the Town of Queen Creek Design & Construction Standards Manual, which was adopted by resolution of the Town Council, and is available online at http://www.queencreek.org/Index.aspx?page=557.
“Meter” means the instrument for measuring and indicating or recording the volume of water that has passed through it.
“Meter Tampering” means a situation where a meter has been illegally altered. Common examples are meter bypassing, use of magnets to slow the meter recording and broken meter seals.
“Normal Business Hours” as defined on the Town of Queen Creek’s Web site.
“Non-Potable Water” means any water which is not safe for human consumption pursuant to the standards set by the Arizona Department of Environmental Quality.
“Pending Disconnect Notice” means a written notice sent to customers notifying them of a pending interruption in service if the delinquent balance is not paid.
“Potable water” means any water which is safe for human consumption pursuant to the standards set by the Arizona Department of Environmental Quality.
“PWS System” means the Town’s Public Water Supply System. “04-07-033”
“Service Line” means that pipeline between a water main and the meter.
“Service Connection” means the line after the meter that is the property of the customer. It is the customer’s responsibility for the maintenance of the plumbing after the meter.
“Source facilities” means all components and facilities utilized in the production, treatment, storage and delivery of potable water to the distribution system.
“Town” means the Town of Queen Creek.
“TofQCWD” means the water division of the Town of Queen Creek Utility Services Department, which is located in the Town’s Development Services Building, at 22358 S. Ellsworth Road, Queen Creek, AZ 85242.
“Unit of service” means each structure, group of structures, portion of a structure or real property which is served by a separate water meter.
“Urban Irrigation” means the delivery of non-potable water from Central Arizona Project or designated wells to certain properties through pipelines or ditches for the purpose of watering lawns in areas where this service is available.
“Water Unit” means any appurtenances used in the delivery of water in PWS.
“Water Rate Schedule” means the Town’s water rate schedule, which was adopted by resolution of the Town Council, and is available to the public at the TofQCWD or online at http://www.queencreek.org/Index.aspx?page=481.
“Town Council” means the duly elected Town Council of the Town of Queen Creek, Arizona.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 807-23 on 2/1/2023
- The Utility Services Department Director of the Town is designated as the Utility Services Department Director and shall have full charge over and direction of the PWS system and all improvements, extensions and equipment pertaining thereto, and shall have charge and supervision over all employees assigned to the work thereon. Any powers granted to or duties imposed upon the Utility Services Department Director may be delegated by the Utility Services Department Director to other Town Personnel.
- The Town may make rules and regulations not in conflict with the provisions of any ordinance governing the use of the connections to the water distribution system of the Town. Such rules and regulations do not become effective until approved by the Town Council.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Domestic water may be supplied by the Town: (1) upon the terms and conditions prescribed in this Article, (2) pursuant to Article 16-11 and a sustainable water allocation agreement thereunder, and not otherwise.
- The determination of the Utility Services Department Director as to whether any Unit of Service comes within the meaning of this article so as to require a separate service connection, meter box and turn-off valve shall be final; provided, that the owner or occupant of such premises shall have the right to appeal from such decision to the Town Council at its next regular meeting. In the event of any such appeal, the determination of the Town Council shall be final.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 809-23 on 4/19/2023
- Prior to starting Construction or installation of facilities an ATC, the approved application from the proper governing agency must be received by the Town.
- Prior to the furnishing of domestic water to a new unit of service, the contractor or owner-builder must provide an AOC Application and submit all necessary application materials and fees to the TofQCWD. AOC Application materials and related fees are contained in the Manual.
- The TofQCWD shall have the authority to approve the design, issue permits and conduct inspections of all water units and components that are to be connected to the PWS system.
- The design and construction of all water units and components under the jurisdiction of the TofQCWD must conform to the water design and construction specifications set forth in the Manual.
- All water units to be attached to the PWS system shall be inspected by personnel of the TofQCWD during construction. The TofQCWD shall be notified at least two (2) business days prior to attaching to the PWS system. In making a connection to the PWS system, no physical alteration shall commence until an authorized TofQCWD inspector is present. No domestic water service shall be turned on prior to obtaining TofQCWD final approval of the unit’s construction.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- No person shall make any connections with the PWS system or any appurtenance thereof without first obtaining written (and/ or verbal?) authority from the Utility Services Department Director. (valid authorization?)
- Each person making an application for a water service connection shall obtain a valid permit from the Town as a prerequisite for the approval of the required water service connections. All applications for water service connections shall be accompanied by the current fees for such work.
- The number, location, manner of connection and size of all water service connections shall be subject to the approval of the Utility Services Department Director.
- The Town shall keep a record of all building water connections made and the type of meter, together with the name of the owner of the property, the owner’s agent or a representative.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Before turning on domestic water to an existing unit of service, the property owner or occupant thereof shall complete an application for water service with the TofQCWD or online at https://www.queencreek.org.
- The application must be accompanied by the appropriate fees as set forth in the Water Rate Schedule.
- Domestic water service shall not be furnished to any property unless the application is completed and all charges against the property of any nature whatsoever due and payable to the Town have been paid. This includes any deposits that may apply.
- Any delinquent amounts owing on an existing or prior accounts must be paid when a property owner or occupant applies to open another service account. Failure to pay the delinquent amount owing on a prior account or accounts constitutes grounds for the Town to refuse new service.
- Domestic water Customers shall be required to notify the TofQCWD of any change in mailing address, occupancy, or ownership within fifteen (15) days after such change occurs. Failure to contact the TofQCWD may result in penalties or late charges which would be the responsibility of the customer.
- Under normal conditions, domestic water service shall be provided no earlier than one (1) business day after an application is completed.
- If domestic water service is requested to be provided on the same day that the application is completed, that request must be made with the TofQCWD no later than 4:00 p.m. local time, and a same day service fee as set forth in the Water Rate Schedule will apply. All fees shall be due and payable at the time of the service request.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Customers with domestic water service may request that the TofQCWD suspend water service temporarily. Customers desiring to discontinue the use of water must give a one (1) business day notice thereof in person at the TofQCWD or by phone speak directly to a TofQCWD Customer Service Representative during the Town’s normal business hours. If request is made online at https://www.queencreek.org, request to discontinue service must be made during normal Town business hours or charges for water service will be continued until such notice is given.
- As a condition of service suspension, the customer shall pay any outstanding charges to the TofQCWD before the water meter will be turned off.
- To resume domestic water service, the owner or occupant shall pay any past-due fees. Owners or occupants shall allow the TofQCWD one (1) business day to reestablish service when requested during normal Town business hours. If a request to reestablish service is made after normal Town business hours, the request will be treated as having been made on the next business day.
- If domestic water service is requested to be resumed on the same day that the request for resuming service is made, that request must be made in person with the TofQCWD or by phone speaking directly to a TofQCWD Customer Service Representative no later than 4:00 p.m. local time and same day service fee shall apply.
- Due to extenuating circumstances, such as broken or leaking pipes or other causes that in the opinion of the TofQCWD constitute good cause, the TofQCWD may refuse to resume any unit of service until such time as it is appropriate and safe to do so.
- Customers remain responsible for any water used, even if water service was turned off or locked. If the TofQCWD determines that water is used, the customer will be billed for it.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- All water meters shall remain the property of the Town, and the Town shall be responsible for maintenance of meters, except in cases where they are willfully damaged by the customer.
- The water customer shall maintain all water lines and connections within the property and after the meter.
- It shall be the responsibility of the customer to ensure that access by employees of the Town to the water meter is not obstructed by landscape materials, vehicles or any other obstruction. In the event that any authorized employee is refused admittance to any premises or is hindered or prevented from inspecting the water system upon such premises, the TofQCWD reserves the right to disconnect services to such premises after giving twenty-four (24) hours' notice to the property owner or occupant of its intention to do so if the obstruction is not removed.
- If the property owner or occupant, having received a notice of accessibility/obstruction, removes such obstruction and notifies the TofQCWD within twenty-four (24) hours of such removal, a service fee as set forth in the Water Rate Schedule will be assessed to cover expenses for returning to the property to gain access to the meter.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Any person receiving domestic water service from the Town desiring to make any changes or alterations in the existing water connection shall be required to furnish the Utility Services Department Director a statement of the changes or alterations to be made, and receive the Utility Services Department Director’s written permission before any such changes or alterations are made.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
It shall be the privilege of each customer of the TofQCWD to insist upon a meter test. After the meter has been field tested by the TofQCWD and if such meter is found incorrect, it shall be immediately replaced by the Town. If the field test indicates that the meter is registering correctly, the customer may insist that the meter be removed and subjected to a shop test. If the shop test indicates that the meter is registering correctly, a service fee as set forth in the Water Rate Schedule will be levied against the customer requesting such test.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
When a meter in service less than thirteen (13) months is proven defective, the charge for any month affected shall be equal to an average based upon the charges for the three (3) preceding months or length of service, whichever is lesser. In instances where water service has been supplied for a period in excess of thirteen (13) months, the charge for any month affected shall be equal to an average based upon the charges for that month in the previous year together with one month next preceding and next following the previous year in question.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- It shall be unlawful for any unauthorized person to knowingly have and keep in his possession or under his control any turn-off valve key or hydrant wrench to the PWS system and no person shall, without authority from the Utility Services Department Director, make, construct, buy, sell or in any way dispose of to any person any turn-off valve key or hydrant wrench for use on the PWS system.
- It shall be unlawful to remove unmetered water from Town mains without express approval of the Utility Services Department Director.
- Water meters shall be sealed by the proper Town representatives in such a manner as to prevent all tampering with or damage to the mechanism thereof, without breaking the securing device, and no person shall break or remove a securing device, or willfully damage or destroy a meter.
- No person shall destroy, obstruct or damage any meter box; or remove such box except for the purpose of inspecting meter readings; or destroy the lid or cover belonging thereto; or place refuse or debris therein.
- No person whose domestic water service has been discontinued and rendered inoperable by the Town placing a seal on the turn-off valve of the water meter shall break or remove such seal in an effort to reinstate domestic water service. Any person who breaks or removes such seal, in addition to other penalties provided by law, shall pay an administrative charge as set forth in the Water Rate Schedule prior to the Town reinstating domestic water service.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- The Town Council may biennially by separate ordinance or resolution set the schedule of rates to be assessed for domestic water service.
- Water service rates shall be apportioned to include a user charge relating to the volume of water usage, applicable taxes and fees, and customer billing and administration.
- Water service rates shall be allocated in such a manner that is proportionate to the cost of providing water service to each customer insofar as those costs can reasonably be determined.
- In addition to the water service charges listed above, the Town Council may set other fees or charges as desired.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Monthly statements shall be rendered by the Town of Queen Creek to each customer, billing periods to normally consist of approximately thirty (30) days. Statements shall be rendered for each customer based upon the service rendered thereby.
- First and/or final statements rendered for periods of less or more than thirty (30) days shall have the minimum monthly water charges prorated daily. In addition to the prorated water charges, the statement shall include a charge for each thousand gallons of water metered during said period plus applicable taxes.
- Any property upon which domestic water services may have been furnished by the Town, and which may not for any reason have been assessed for such use on the books of the Town, shall be assessed for the use for which it is in arrears. Upon the failure of the payment of these charges, the supply of water shall be turned off in accordance with Section 16-5-15, pending settlement.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 807-23 on 2/1/2023
- All bills rendered are due and payable upon presentation and are past due (delinquent) after the specified due date on the bill. If the total of such bill is not paid by the due date, domestic water service may be subject to discontinuance in accordance with subsection B below.
- Before discontinuance of water service shall be made, other than for such purposes as specified in Section 16-5-16 below, the Town shall issue a Pending Disconnect Notice advising of the reason for the discontinuance and providing the opportunity to contact customer service personnel to present any objections at least one (1) business day in advance of the disconnect date listed on the Pending Disconnect Notice. If, the customer has not resolved the delinquency and/or has not presented any reasonable objections regarding discontinuance of service, domestic water services may be discontinued.
- Water services shall not be resumed until such delinquent bill and the applicable service fee as set forth in the Water Rate Schedule has been collected in full from the delinquent customer. In addition, the delinquent customer may be required to place a new or additional security deposit with the Town prior to resumption of domestic water service.
- If a customer’s bill remains delinquent after discontinuance of water service in accordance with subsection B. above, the Town may assign the account to a collection agency for collection.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 807-23 on 2/1/2023
- Delinquent water charges shall constitute a lien against the property upon which such lien may be imposed. In order to impress and secure such lien, which shall be at the discretion of the Town water director, the following procedure shall be utilized:
- The Utility Services Department Director shall give written notice to the owner or occupant of the property within thirty (30) days after the statement is rendered by either personally serving or mailing to such owner or occupant, at his last-known address by certified or registered mail, or the address to which the water charges billing was sent. This written notice shall indicate that the Town may impress and secure a lien on the subject property unless the owner or occupant lessee brings his delinquent bill current within thirty
(30) days from service or receipt of the letter, and in addition, pays any penalties that may be due pursuant to Section 16-5-15. The notice shall also contain a statement that the owner or occupant may appeal the delinquency to the Town Council by filing such appeal within the thirty (30) day time period after receipt of such notice.
- If the owner or occupant of the property does not bring his delinquency current or successfully prosecute his appeal to the Town Council within the thirty (30) days from service or receipt of the registered or certified letter, the Utility Services Department Director may prepare duplicate copies of a notice and claim of lien and file one copy with the county recorder and within a reasonable time thereafter service or mail by registered or certified mail the remaining copy with the owner or occupant of the property. The notice and claim of lien shall be made under oath by the Utility Services Department Director or his duly authorized representative and shall contain the following:
- A description of the property sufficient for its identification;
- The name of the owner or reputed owner of the property if known, otherwise the name of the occupant to whom service was rendered; and
- The amount of the delinquent bill.
- From and after the date of its recording in the office of the county recorder, the lien shall attach to the property until paid. A sale of the property to satisfy the lien shall be made upon judgment of foreclosure and order of sale. The Town shall have the right to bring an action to enforce the lien in the county superior court at any time after its recording, but failure to enforce the lien by such action shall not affect its validity. The recorded notice and claim of lien shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the recording therein.
- A prior recording for the purposes provided in this section shall not be a bar to a subsequent recording of a lien for such purposes, and any number of liens on the property may be enforced in the same action.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
In the case of unnecessary waste, fraudulent representation on the part of any water customer, or in an emergency, the Town reserves the right to turn off water without notice until all charges have been paid in full and/or waste or emergency is corrected.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Town shall not be held liable for any damages that may result from the shutting off or turning on of any potable or non-potable water unit supply piping or main for any purpose whatsoever, even should no notice have been given, nor for damages caused by any break or leak in any water pipe.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Urban irrigation service is available to customers in select areas of the Town.
- The rules and regulations governing the availability, character, and conditions of urban irrigation service are promulgated by the TofQCWD and adopted by resolution of the Town Council. Those rules are available to the public at the TofQCWD or online at http://www.queencreek.org.
- Applicable rates for urban irrigation service within the Town are set forth in the Water Rate Schedule.
- No person shall destroy, obstruct, damage or alter any irrigation service without prior written permission from the Utility Services Department Director.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
16-6-1 Purpose; Authorization16-6-2 Administration16-6-3 Definitions16-6-4 Backflow Prevention Required16-6-5 Criteria For Determining Potential Degrees Of Hazard16-6-6 Prohibition Of Cross-Connection16-6-7 Responsibility For Backflow Prevention Control16-6-8 Backflow Prevention Assemblies Required16-6-9 Inspections16-6-10 Notification Of Violation16-6-11 Water Supply Severance; Notice16-6-12 Plan Review16-6-13 Retroactive Application16-6-14 Program Fees16-6-15 Appeals16-6-16 Civil Fines And Other Remedies16-6-17 Violations Deemed A Public Nuisance16-6-18 Town Not Liable For DamagesHISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
This ordinance sets forth uniform backflow prevention requirements for non-single-family residential customers of the Town’s Public Potable Water Supply, enables the Town to comply with Arizona Department of Environmental Quality regulations and creates a Cross-Connection Control Program (the “Program”) to control contamination from Backflow.
It is decided that danger to the public health, safety, and welfare resulting from contamination or pollutants of the Public Potable Water Supply System requires that measures be adopted to protect that system by authorizing Town officials to:
- Protect the public potable water supply from the possibility of contamination by preventing the Backflow of contaminants or pollutants into the Public Potable Water Supply System;
- Promote the awareness and elimination of Cross-Connection, actual or potential, of a customer’s Auxiliary Water Supply with the Public Potable Water Supply System;
- Provide for a continuing program of backflow prevention control, that will prevent the contamination or pollution of the Public Potable Water Supply System;
- Provide for the monitoring and enforcement of a continuing program of backflow prevention, that will prevent the contamination or pollution of the Public Potable Water Supply System; and
- Comply with the State requirements identified in Arizona Administrative Code, Title 18, Chapter 4, Article 215 (R18-4-215) entitled “Backflow Prevention” that was promulgated by the Arizona Department of Environmental Quality with an effective date of August 30, 2008, which is incorporated herein by this reference (hereinafter referred to as “State Rule R18-4-215”).
- Require non-single-family residential customers to install, test, and maintain approved backflow prevention assemblies on the plumbing system.
- Enforce penalties and remedies, including nuisance abatement, civil fines and termination of service, for violations of this Article by Customers.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Except as otherwise provided herein, the Utility Services Department Director (the “Director”) shall administer, implement, and enforce the provisions of this Article. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other Town personnel, including but not limited to, Water Division personnel and the Town Civil Hearing Officer.
- The Town may make rules and regulations not in conflict with the provisions of this Article.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The following words and terms, when used in this Article, shall have the following definitions, unless the context clearly indicates otherwise:
“Approved” means approved in writing by the Director of Utility Services as meeting an applicable specification stated or cited in this Article, and as suitable for the proposed use.
The term “Approved Backflow Prevention Assembly” means an assembly that has been approved by the Director of Utility Services. An approved Backflow Prevention Assembly shall have met the standards established by the American Water Works Association-AWWA C506-78 most recent revised publication “Standards for Reduced Pressure Principle and Double Checkvalve Backflow Prevention Assemblies”, and shall also have fully complied with the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California published in the Ninth edition of the “Manual of Cross-Connection Control” or another third party certifying entity approved by the Director of Utility Services.
The term “Approval Form” means the writing evidencing the Director’s approval of the type and location of a Customer’s Backflow Prevention Assembly.
“Assembly” means any item, equipment, device or practice.
“Auxiliary Water Supply” means any water supply on or available to the premises other than the public potable water supply, including, but not limited to, water from another purveyor’s public potable water supply, treated effluent, wastewaters or industrial fluids.
“Backflow” means the reversal of the normal flow of water caused by either Backpressure or Backsiphonage.
“Backpressure” means the flow of water or other liquids, mixtures or substances under pressure into the distribution pipes of the Public Potable Water Supply System from any source or sources other than the intended source.
“Backsiphonage” means the flow of water or other liquids, mixtures or substances into the distribution pipes of the Public Potable Water Supply System from any source other than its intended source caused by the reduction of pressure in the potable water supply system.
“Cross-Connection” means any physical connection or arrangement of piping or fixtures between two (2) otherwise separate piping systems, one of which contains Potable Water and the other Nonpotable Water or industrial fluids through which, or because of which, Backflow may occur into the Public Potable Water System. This would include, without limitation, any temporary connections such as swing connections, removable sections, four-way plug valves, spools, dummy section of pipe, swivel or change-over devices or sliding multiport tube.
“Customer” means any person in control of any non-single-family residential use of premises, facilities, or buildings supplied Potable Water by the Public Potable Water Supply System.
“Director” or “Utility Services Department Director” The person designated pursuant to Section 16-2-2 of this Ordinance.
“Nonpotable Water” means water that is not safe for human consumption.
“Person” means any individual, owner, official custodian, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, municipality, Indian tribe, political subdivision of the state, federal governmental agency, or any other legal entity, including their representatives, agents or assigns.
“Potable Water” means any water that, according to standards recognized by the Town of Queen Creek is safe for human consumption.
“Public Potable Water Supply System” means the system operated by the Town of Queen Creek that provides potable water to the public.
“TofQCWD” or “Water Division” means the water division of the Town of Queen Creek Utility Services Department subject to the supervision of the Director.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Backflow prevention shall be required at every service connection to a Customer’s system when the Water Division determines the potable water supplied by the Public Potable Water System may be subject to contamination, pollution or other deterioration of quality by conditions or potential conditions within the Customer’s water system.
- Backflow prevention required by the Water Division shall be sufficient to protect against the potential degree of hazard to the Public Potable Water System from the Customer’s water system.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The potential degree of hazard to the Public Potable Water System from a Customer’s water supply system, and therefore requiring a Backflow Prevention Assembly, shall be determined using the following hazard factors:
- "Health": Any actual or potential condition, device or practice which, in the judgment of the Water Division, may create a threat of contamination to a potable water supply or may create a danger to the health and well-being of the potable water consumers.
- "Plumbing": An actual or potential plumbing cross-connection in a customer’s water supply system that has not been protected by an Approved Backflow Prevention Assembly. A plumbing hazard may be either a pollution or contamination hazard.
- "Non-health": Any actual or potential condition, device or practice which, in the judgment of the Water Division, may create a threat of pollution to a potable water supply system. The maximum degree of intensity of pollution to which a potable water supply system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause damage to the distribution system or its appurtenances.
- "System": Any actual or potential condition, device or practice which, in the judgment of the Water Division may create a threat or severe damage to the physical properties of a potable water supply system or that would have a protracted effect on the quality of the potable water in the system.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
It shall be unlawful for any Customer or any other person to cause a Cross-Connection to be made or allow one to exist for any purpose whatsoever between the Public Potable Water Supply System and any other source of water supply without previously obtaining the written approval of the Director. Any such Cross-Connection that has not been approved, as described above, shall be strictly prohibited.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- It shall be the responsibility of the Director to protect the Public Potable Water Supply System by applying the requirements, remedies, penalties and enforcement provisions set forth in this Article.
- The TofQCWD shall have the following responsibilities:
- The Water Division shall administer and enforce all applicable CrossConnection control provisions of the Arizona Revised Statutes and the Ninth edition of the Manual of Cross-Connection Control (the “USC Manual”) published by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (“USC-FCCCHR” or the “Foundation”). The USC Manual is hereby incorporated by reference with one copy on file with the Water Division.
- The Water Division shall determine whether a facility or activity is a facility or an activity listed in Section 16-6-8 below and, therefore, requires backflow protection. The Water Division’s responsibility includes inspection as necessary of all new and existing non-single-family residential buildings and facilities connected to the Public Potable Water Supply System.
- The Water Division shall require installation by Customer of appropriate backflow prevention as required by the Town’s building codes.
- The Water Division shall approve the type and location of all backflow prevention assemblies in accordance with this Article 16-6 and all other codes and ordinances of the Town. Such approval shall be evidenced in a written Approval Form, a copy of which shall be provided to Customer.
- The Water Division shall keep adequate records of each test of an Approved Backflow Prevention Assembly and any subsequent maintenance or repair thereof for a minimum of three years.
- The Water Division may abate violations of this Article as public nuisances under Town Code, Chapter 10 Health and Sanitation.
- The Customer shall have the following responsibilities:
It shall be the responsibility of the Customer, at Customer’s sole cost and expense, to prevent pollutants or contaminants from entering the potable water system of the Customer’s building and the Public Potable Water Supply System. A Customer’s responsibility starts at the point of service delivery from the Public Potable Water Supply System, including all water piping systems. Customer is required to properly locate, install, test and maintain each Backflow Prevention Assembly in good working condition and shall provide the necessary inspections to assure that such assembly is operating properly. Customer’s responsibilities include, but are not limited to, the following:
- Customer shall have all backflow prevention assemblies tested annually by a certified tester. Assembly testing shall be performed by a certified tester. Testing requirements shall be in accordance with the procedure outlined in the USC Manual. The Water Division may require more frequent testing if warranted. It is the responsibility of the Customer to obtain testing and submit all test results to the Water Division on a timely basis. If such test reveals the assembly to be defective or in unsatisfactory operating condition, the Customer shall have certified testers perform any and all necessary repairs to the assembly per the Water Division specification, at customer’s sole cost and expense.
- If the Water Division or Customer becomes aware during the interim period between annual tests that an assembly is defective or in unsatisfactory operating condition, the Customer shall cause all repairs, replacement and any retesting so that the assembly is in satisfactory operating condition, at Customer’s sole cost and expense.
- Backflow prevention assemblies shall be installed by the Customer, at the customer’s sole cost and expense, in compliance with the standards of the building department as set forth in Chapter 16 of the Town Code.
- In the event the Customer’s internal potable water system or the Public Potable Water Supply System becomes contaminated or polluted due to a Cross Connection or other cause, and the Customer becomes aware of said contamination, the Director and the Maricopa County Health Authority shall be promptly notified by the Customer so that appropriate measures may be taken to cure the contamination.
- If the assembly is out of compliance and has not been tested, a Town official from the Water Division will schedule a Town-approved tester to test and make any and all repairs that are needed at the Customer’s expense. This expense will be added to the customer’s water bill.
- Any backflow prevention assembly shall be installed in an accessible location as close as possible to the service connection with proper clearances above the ground in accordance with the current set of standard details approved by the Water Division for backflow prevention assemblies.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Unless otherwise specifically designated by the Director, an Approved Backflow Prevention Assembly shall be one of the following types:
- Air Gap: An unobstructed vertical distance through the free atmosphere between the opening of any pipe or faucet supplying potable water to a tank plumbing fixture or other device and the flood level rim of said tank, plumbing diameter of the supply pipe or faucet and in no case shall be less than one inch.
- Reduced pressure principle assembly (hereafter “RP”): An assembly containing two independently acting approved check valves together with a hydraulic operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall be equipped with properly located test cocks equipped with brass plugs and tightly closing resilient seated shut-off valves at each end of the assembly.
- Pressure vacuum breaker assembly (hereafter “PVB”): An assembly containing an independently operating, loaded check valve and an independent operating loaded air inlet valve located on the discharge side of the check valve. The assembly shall be equipped with properly located test cocks that are fitted with brass plugs and tightly closing resilient seated shut-off valves located at each end of the assembly.
- Double check valve assembly (hereafter “DC”): An assembly composed of two independently acting, approved check valves, including tightly closing resilient seated shut-off valves at each end of the assembly that are fitted with properly located test cocks equipped with brass plugs.
- When any of the following items or activities listed in this section are present or conducted on premises served by the Public Potable Water Supply System, a potential hazard to the Public Potable Water Supply System shall be presumed and a backflow prevention assembly, of the type specified for that item or activity herein, must be placed at each service connection for that premises. The backflow prevention method shall be in accordance with that specified in Section 7 of the USC Manual and/or identified in the text of the subsection below. The location shall be as close as practicable to the point of service delivery except that the Customer may request that the Approved Backflow Prevention Assembly be located internally within the activity of facility. The Customer must demonstrate that the proposed location will adequately protect the Town’s Public Potable Water Supply System as well as satisfy the applicable requirements of the Article. For purposes of this section, the listed facilities, equipment or conditions shall be as defined in Section 7 of the USC Manual, or if not listed in the USC Manual, shall be defined in the Town of Queen Creek Construction Code. An Approved Backflow Prevention Assembly is required for the activities and facilities listed below that are connected to the Town’s Public Potable Water Supply System:
Industrial facilities:
- Aircraft and missile plants (Air Gap or RP)
- Beverage bottling plants (Air Gap, RP)
- Bottling plant (RP)
- Breweries (Air Gap or RP)
- Canneries, packing houses, reduction plants and food processing plants (Air Gap or RP)
- Chemical plant – manufacturing, processing, compounding or treatment (Air Gap or RP)
- Dye works (RP)
- Dairies and cold storage plants (Air Gap, RP or DC)
- Film laboratories 9 (Air Gap or RP)
- Laundry and dye works (Air Gap or RP)
- Metal manufacturing, cleaning, processing and fabrication plants (Air Gap or RP)
- Oil and gas production, storage or transmission properties (Air Gap or RP)
- Paper and paper production plants (Air Gap or RP)
- Power plants (Air Gap or RP)
- Radioactive material or substance-plants or facilities handling (Air Gap or RP)
- Rubber plants – natural or synthetic (Air Gap or RP)
- Sand and gravel plants (Air Gap or RP)
- Semiconductor manufacturing facilities (Air Gap or RP)
- Manufacturing, processing and fabricating plants using toxic or non-toxic materials (RP)
- Mortuaries (RPA)
- Sewage and storm drain facilities, reclaimed water (Air Gap or RP)
Medical facilities:
- Research laboratories (Air Gap or RP)
- Hospitals, medical buildings, sanitariums, morgues, mortuaries, autopsy facilities, nursing and convalescent homes and clinics (Air Gap or RP)
- Veterinary hospital, animal research or animal grooming shops (Air Gap or RP)
Commercial and educational facilities:
- Buildings: Any structure having a cross connection in violation of the Town of Queen Creek Plumbing Code or water – operated sewage pumping facilities, auxiliary water supplies or other like sources of contamination which would create a potential hazard to the Town’s Public Potable Water Supply System (Air Gap, RP).
- Carwash facilities (Air Gap or RP)
- Motion picture studios (Air Gap or RP)
- Storage buildings having booster pumps or above – ground storage tanks (Air Gap, RP)
- Multiple services – interconnected (Air Gap, RP)
- Mobile Home Park (RP). Exception: existing mobile home parks unless a specific hazard is identified
- Recreational vehicle parks (RP)
- Schools and colleges with laboratories (Air Gap or RP)
- Retail shopping centers, strip malls; retail and industrial shell buildings (when one service supplies more than one tenant) (RP). Exception: existing retail shopping center and strip malls, retail and industrial shell buildings (when one service supplies more than one tenant) unless a specific hazard is identified
- Any premises where a cross-connection is maintained (RP)
- Automotive repair (RP)
- Auxiliary water systems (interconnected) (RP)
- Auxiliary water system not interconnected (DC)
- Beauty shops
- Buildings with sewage ejectors (RP)
- Chemically treated potable or non-potable water systems
- Any connection to a fire hydrant (except fire department equipment) (RP or Air Gap)
- Irrigation system ((Premises having separate systems, such as parks, playgrounds, cemeteries, golf courses, schools, ranches, etc.) (RP)
- Public swimming pools (PVB)
- Sewage and storm-drainage facilities (RP)
Portable or temporary service or equipment:
- Construction sites or construction water services (Air Gap)
- Mobile equipment utilizing public portable water (e.g., water trucks, street sweepers, hydro-vac, etc.) (Air gap)
- Portable insecticides and herbicide spray tanks (Air Gap or RP)
Miscellaneous activities and equipment:
- Auxiliary water system (Air Gap or RP)
- Chemically contaminated water systems (Air Gap or RP)
- Fire System:
- Class 1 or 2 when a fire protection system is proposed, a double-check valve assembly, including two check valves, two OS&Y gate valves, and four test cocks shell be installed on the supply side of the sprinkler fire protection line. Occasionally, an FDC will also be required by the Queen Creek Fire Department.
These backflow prevention devices must be UL listed and/or listed by Factory Mutual Research Corporation. A serviceable check valve is also required on the fire rise; this check valve must also be UL listed and/or listed by Factory Mutual Research Corporation. Check valve assemblies are required to be inspected, tested and maintained at least annually to verify the valves are properly functioning. An annual flow and valve confidence test is also required to be conducted by a qualified and certified person approved by the Town’s Water Division. The flow test will be equal to the highest amount of gallons per minute that is required by the system. Test results shall be provided to the Town’s Water Division and the Fire Marshal within 30 calendar days following the inspection. Any system that fails inspection must be reported to the Fire Marshal and the system needs repaired immediately.
- Class 3, 4, 5 or 6 (RP).
- Industrial fluid systems. Any industrial fluid system interconnected with the public water supply and containing any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration that would constitute a health, system, pollution or plumbing hazard if introduced into an approved water supply (RP).
- Irrigation systems:
- System using a chemical injection system (RP)
- System having elevated areas which are higher than six inches below the PVB or multiple services (RP)
- System not subjected to backpressure (PVB)
- Restricted, classified or other closed facilities including civil works (Air Gap or RP)
- Solar heating system–direct and auxiliary (RP). Exception: once-through solar heating systems
- The Water Division shall determine on a case-by-case basis Backflow prevention requirements for any facilities, buildings, conditions or activities not listed in this section to prevent contamination or pollution of the Town’s Public Potable Water Supply System.
- All assemblies shall be above ground (design spec manual) accessible for testing and admittance. A pressure vacuum breaker assembly shall be installed properly above ground.
- Unless a cross connection problem is specifically identified, or as otherwise provided in this ordinance, the requirements of this ordinance do not apply to single-family residences used solely for residential purposes.
- Close as practicable is the point nearest to the service delivery where the assembly can be installed. The location shall be within 5 feet of service but, in no event, beyond the first tap.
- An Air Gap separation shall be located as close as practicable to the Customer’s point of service delivery. All piping between the Customer’s connection and receiving tank shall be entirely visible unless otherwise approved by the Water Division.
When two or more of the items or activities listed above are present or conducted on the same premises and served by the same service connection, the most restrictive backflow preventer required for any of the items or activities present or conducted on the premises shall be required to be utilized or installed at the service connection.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- An inspection shall be conducted to determine whether any Cross-Connections or other hazard potentials exist and to determine compliance with this Article. The Customer’s water system shall be available at all times during normal business hours for inspection by authorized personnel of the Water Division.
- Backflow prevention assemblies shall be tested at least once a year. A notice shall be issued by the Water Division to the Customer when a backflow prevention assembly is due for testing. If the testing reveals the assembly to be defective or in unsatisfactory operating condition, repairs shall be performed, including replacement of the assembly if necessary, which shall return the assembly to satisfactory operating condition within 30 calendar days after the date of the notice issued by the Water Division. The testing and maintenance of each assembly shall be performed at the sole expense of the Customer.
- If the Water Division or Customer learns or discovers, during the period between tests, that an assembly is defective or in unsatisfactory operating condition, the Customer shall perform any necessary repairs, including replacement of the assembly, if necessary, which shall return the assembly to satisfactory operating condition.
- The testing of backflow prevention assemblies shall be performed by an individual certified and approved by an agency recognized by the Water Division. A tester may be suspended from testing in Queen Creek for improper testing, maintenance, reporting or other improper practices as determined by the Water Division.
- The Customer shall maintain records, on forms provided by the Water Division, of the results of all tests and all servicing, repairs, overhauls or replacements of the backflow prevention assembly. A copy of the records shall be promptly submitted within 7 calendar days to the Water Division after completion of the activity for which the record is made.
- The Water Division shall have the right to enter the premises of any Customer to determine whether the Customer is complying with all requirements of this article. Customers shall allow the Water Division personnel ready access to all parts of the premises for the purposes of inspection, testing, records examination and copying, and the performance of any additional duties. Refusing to allow access or entry for Water Division personnel and unreasonable delays in allowing the Water Division personnel access, to the Customer’s premises shall be a violation of this article.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
When the Water Division finds that a Customer has violated, or continues to violate, any provision of this article, the Water Division may serve (by certified mail) upon that Customer a written Notice of Violation. Within 15 calendar days of the mailing of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the Customer to the Water Division. Submission of this plan in no way relieves the Customer of liability for any violations occurring before or after mailing of the Notice of Violation. Nothing in this section shall limit the authority of the Water Division to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Whenever a Customer has violated or continues to violate any provision of this Article 166, water service to the Customer may be severed.
- The Water Division may discontinue water service to any Customer who refuses, or unreasonably delays, entry or access to Town inspectors for inspection pursuant to section 16-69, or to any Customer who fails to timely submit records of tests and repairs of a Backflow prevention assembly.
- If the Water Division discovers that a Customer has not installed a required Backflow prevention assembly or that a Backflow prevention assembly has been improperly tested or maintained, bypassed or removed, or that an unprotected Cross-Connection exists in the Customer’s water system, the service connection shall be discontinued if the situation is not remedied within the time specified in the notice sent to the Customer as described in subsection (E) below.
- Service connection to a fire sprinkler system shall not be subject to disconnection under this section, but may be subject to penalties pursuant to this Article.
- Prior to disconnecting any service connection because a condition set forth in subsection (A), (B), or (C) above exists, the Water Division shall send a notice of service termination, by certified mail, to the Customer describing the condition and notifying the Customer that the condition must be remedied within 30 calendar days after mailing of the notice by the Water Division. If such condition is not remedied within the 30-day period, the Water Division shall send a second notice of service termination, by certified mail, to the Customer notifying the Customer that the water service will be disconnected in 10 calendar days if the condition is not remedied within such time period. The service connection shall not be restored until the condition is remediated to the satisfaction of the Director.
- Notwithstanding the above subsection (E), the Water Division may disconnect, without prior notice, water service to any Customer when the Water Division discovers that the Customer’s water system is contaminating the Public Potable Water Supply, or the Customer’s water system may cause a health hazard to the public water supply. Water service may be restored when the condition forming the basis for the termination has been remedied to the satisfaction of the Director. All costs, fees, and expenses incurred, and all surcharges and penalties relating to the termination and restoration of water service shall be paid prior to the water service being restored
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- All backflow prevention assemblies which will be installed shall be shown and specified on all required building and engineering plans. Town approval of the intended installation is required prior to issuance of any building permits.
- Installation permits for the installation of all backflow prevention assemblies required by the Town shall be obtained from the Town prior to installation. A separate permit shall be obtained for each required backflow prevention assembly to be installed, including replacement.
- Backflow prevention assemblies must be installed as to meet the current set of standard details and specifications of the Water Division and be tested by a certified tester and shown to be operating correctly before a temporary, or permanent, certificate of occupancy is issued by the Town.
- The Water Division may, in writing, suspend or revoke a permit issued under the provisions of this article, whenever the permit is issued in error, or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of any provision of the Uniform Plumbing Code or this article.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- The provisions of this Article shall apply to all new Customers and all Customers existing prior to the enactment date of the ordinance from which this article derives.
- Customers’ Backflow prevention assemblies installed prior to the enactment of the ordinance from which this article derives, and which do not comply with the requirements set forth in this article, shall be replaced with assemblies which comply with the standards set forth herein.
- All water Customers existing prior to the enactment date of the ordinance from which this article derives shall comply with the standards set forth herein within a period of time as determined by the Water Division. The maximum time allowed for compliance shall be ten (10) days from the date of mailing of notification.
- A change of ownership, name or type of use will require a new survey of water use. If the survey determines an assembly is required, installation needs to be completed before granting the change.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Town may adopt reasonable fees for reimbursement of costs of setting up and operating the Town’s Cross-Connection Control Program which may include:
- Fees for permit applications;
- Fees to recover legal costs resulting from enforcement to any Customer noncompliance including, but not limited to, administrative expenses, investigation, testing, legal proceedings and filings, and continued monitoring; and
- Other fees as the Town may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the Town.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
An action or decision of the Director under this Article shall be final, provided that the Customer shall have the right to appeal to the Civil Hearing Officer under the provisions of Article 5-6 and Article 5-7 of Chapter 5 Municipal Court of the Town Code; provided such appeal is in writing and received by the Civil Hearing Officer within 15 calendar days after appellant is notified of such decision.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
- Whenever a Customer has violated or continues to violate any provision of this Article, the Director may elect to commence an enforcement action as a civil code infraction as provided in Chapter 5 of the Town code, and to impose a civil penalty not to exceed $2,500 for each day a violation exists beyond the initial notice constituting a separate offense in the discretion of the Town Civil Hearing Officer.
- If a situation, which would otherwise result in discontinuation of water service, is not remedied within the time provided in the notice of service termination sent to the Customer, the Director of Utility Services, at his discretion, may install a backflow prevention assembly at the Customer’s point of service delivery and bill the Customer for all costs, together with all applicable penalties.
- The Director, at his discretion, may publish in the largest daily newspaper published in the Town, notice of customers who at least once during the preceding twelve-month period were in violation with any requirement of this article. The publication shall also summarize any enforcement action taken.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
In addition to the enforcement process and penalties provided herein, any condition caused, or permitted to exist in violation of any provision of this article is a threat to public health, safety and welfare, and is declared and deemed a public nuisance under Town Code Section 10-3-2 and shall be corrected or abated as required by the Director. Any Person(s) creating a public nuisance shall be subject to the provisions of Town Code Chapter 10 Health and Sanitation governing such nuisances, including reimbursing the Town for any costs incurred in removing, abating, or remedying said nuisance. The remedy provided herein shall be in addition to any other remedy authorized by this article.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Town shall not be held liable for any damages that may result from the shutting off or turning on of any potable or non-potable water supply piping or main for any purpose whatsoever, even should no notice have been given, nor for damages caused by any break or leak in any pipe or assembly.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
16-7-1 Policy16-7-2 Applicability16-7-3 Definitions16-7-4 Plans, Specifications16-7-5 Extension Reimbursement Agreements Authorized16-7-6 Agreement Between Town And Developer-Owner16-7-7 Agreement In Writing; Authority To Execute16-7-8 Financing-Generally16-7-9 Reimbursement Extension Cost16-7-10 Bidding For Installation Of Extension Lines; Approval Of Costs16-7-11 Allocation Of Reimbursable Cost-Water Extension16-7-12 Allocation Of Reimbursable Cost-Sewer Extension16-7-13 Collection Of Allocated Reimbursement Costs; Payment16-7-14 Service From Other Source; Unassessed Parcels; Limitation16-7-15 Dedication Of Extension Line16-7-16 Expiration Of Agreement16-7-17 Administration Fee16-7-18 Projected Allocation16-7-19 Assignability Of AgreementHISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
There is hereby established as set forth in this article a policy and orderly program for extension of the services and facilities of the town water and sewer system to serve and provide for newly developed areas and subdivisions within the town and those areas and subdivisions outside of the town for which town water or sewer service is desired and available.
It is in the public’s interest to maximize the use of its public rights-of-way. To this end the town has adopted master water and sewer plans that plan the size of lines and mains to service large areas. This eliminates the needs and extra expense of installing and maintaining several smaller lines and mains within the same public right-of-way. The existing system and currently planned future system covered by the development fees does not include systems for all sections of the Town’s adopted service areas.
The development community is required to construct water and sewer lines and mains, and other facilities, in accordance with the Town’s subdivision ordinance and approved master plans. It is the intent of this article to establish a method of reimbursement to the initial developer for the additional cost of providing a water or sewer system in excess of that needed to serve their development.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The elements of the extension policy and program stated in this article shall apply to extension of the town water and sewer systems.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Cost" means the actual construction cost pursuant to a written construction contract for an extension which is acceptable and approved by the Utility Services Director, or designee.
"Developer-owner" means any person who is responsible for the development of land (the “project”) creating a demand on the town’s water and sewer system and engaged in the development of one or more parcels of land and contracting for a town water or sewer system extension.
"Extension" means a water or sewer line subject to repayment of certain costs and defined as any one or more of the following: (i) mains extended beyond the limits of the project, constructed through the project, or constructed along the frontage or bounder of the project; (ii) mains which serve other property owners other than the developer-owner who is developing the project; or (iii) mains which are constructed to contain additional capacity to provide adequate flow above and beyond that required by the project based on the volume of flow and type of waste generated by the project.
"Participating charge" means the proportionate share of the cost (construction contract price) based on benefits derived in accordance with standards determined by the Utility Services Director and approved by the town for any existing main.
"Subsequent user" means any person who connects to, and is serviced by, an existing extension water or sewer line.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Upon development of any property, area or subdivision within the town or of any property area or subdivision outside of the town that resides within the approved designated water and/ or sewer service areas for which town water or sewer service is desired and available, all plans and specifications for water and sewer systems shall be prepared by a professional engineer, registered in the state, and in accordance with the town’s standards and specifications.
If it becomes necessary to extend the town’s water or sewer system, the cost of the extension will be the responsibility of the developer-owner. The plans and specifications for the extension must be approved by the Utility Services Department Director of the town.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The town may enter into an extension reimbursement agreement with a developer-owner who proposes to install an extension to service his development. Such an agreement shall provide for the collection, by the town, of a pro rata share of the costs for the extension from subsequent users of the extension and reimbursement to the developer-owner. The agreement shall comply with the provisions of this article.
An extension reimbursement agreement may only be entered into for those development projects which, in addition to complying with the provisions of this article, comply with the town’s planning objectives.
HISTORY
Adopted by Ord. 206-01 on 7/18/2001
Repealed & Reenacted by Ord. 458-09 on 10/7/2009
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Before the extension of any water or sewer main shall be made to serve a subdivision, platted or unplatted property, or any existing main tapped to provide service for any individual or unplatted property, the developer-owner desiring such service shall execute an agreement with the town which shall include the following:
- A warranty of workmanship and material for mains and facilities installed which shall run to the benefit of the town for a period of at least one year from the date of acceptance by the town;
- A diagram of all properties which are expected to be serviced by the proposed extension. The diagram shall be provided on approved standard quarter-section maps of the Town of Queen Creek or any other standardized atlas system designated by the town;
- A statement that the town acquires ownership of any main and appurtenances upon completion and acceptance of the work by the town;
- A statement that the town’s cost for inspecting such work shall be paid by the developer-owner;
- A statement of the developer-owner’s proportionate share of the cost for previously installed mains; and
- A statement of the maximum possible reimbursement that may accrue to the developer- owner for the cost of mains to be installed by him but from which others may be served. If others are served, a participating charge will made at the time of their development.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
An extension reimbursement agreement shall be in writing and on a form provided by the town. The provisions of the written agreement shall comply with this article and shall contain the entire understanding and agreement between the town and the developer-owner. The Town will not approve and/or execute an agreement after construction or acceptance by the town of the extension. Such agreements shall be recorded in the Maricopa and Pinal County Recorders’ offices.
The town manager or his designee is authorized to execute the agreement on behalf of the town. The developer-owner to whom the reimbursement is to be made must be stated on the agreement at the time of execution and it will be the duty of developer-owner ( the individual to whom reimbursement is to be made) to keep the Utility Services Department Director advised as to the correct mailing address, etc. for reimbursement.
The town retains and reserves the right (and ability) to enter into separate special agreements to cover unique situations where a standard repayment agreement is not applicable.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The following provisions related to financing the extension of water and sewer system mains may be applicable to mains to serve individuals, unplatted areas and subdivisions:
- When an existing main will serve the water or sewer system being created for the subdivision or platted area, any participating charges must be deposited with the town prior to start of construction for the proposed development.
- Where an existing main is to be tapped, a participating charge based upon that portion of the property to be developed shall be placed on deposit with the town prior to tapping the existing main.
- No person shall be permitted to extend service from his tap to adjacent property owned by someone else or to property for which a participating charge has not been advanced and deposited with the town without written approval of the town.
- The town will establish a separate account for each reimbursement agreement for the collection of participating charges and reimbursements to the party who financed the installation of the main. In no event will the sums reimbursed exceed the contract price for the installation of the extension.
- Should the property or any portion thereof not be served by the main or mains installed under the agreement, the developer-owner will not be reimbursed for the proportionate share of the main cost otherwise due from the property.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The extension costs for which a developer-owner may seek an extension reimbursement agreement are the actual construction costs (only those costs that do not exceed the contract price approved by the town), less any oversizing participation paid by the town and the 10 percent administrative fee provided for in section 16-7-17, associated with installation of the extension. In the event that the agreed-upon construction costs increase, the repayment agreement may be amended, in the sole discretion of the town, upon the approval of the additional construction costs by the town.
The engineering costs for the preparation of plans, specifications, and staking of the extension incurred by the developer-owner may be included in the agreed construction costs. The developer-owner is not entitled to reimbursement for the costs of installing water and sewer lines within the boundary of the project.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The selection of a contractor for the installation of the extension shall be made by competitive bidding. The bids shall be opened at a location designated by the town on a pre-determined date agreeable to the developer-owner and the town. The developer-owner shall submit to the town a notarized copy of all bids received, a copy of the bid tabulation and any information concerning the projected successful bidder. When awarding the construction work, the developer-owner shall obtain separate bid prices from their contractor for each item of work identified as eligible for reimbursement. The Utility Services Department Director and Town Engineer, or designee, has the authority to adjust any process determined not reasonably justified. Both the town and the developer-owner shall have the right to reject any and all bids. The construction costs shall be determined prior to the commencement of construction and shall be approved by the town. No contract shall be awarded for installation of an extension prior to town approval of the successful bidder.
After the contractor has been selected to perform the extension installation work, the developer owner shall submit the total proposed construction costs for the installation plus the projected engineering costs to the town.
The developer-owner’s engineer shall prepare and submit to the Utility Services Department Director and Town Engineer, or designee, for review and approval all construction items to be included in the cost. No construction may commence prior to the town’s approval of these costs. The final detailed plans and specifications for the extension must be approved by the Town Engineer prior to construction.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The reimbursable costs for an extension of water line shall be allocated, on a footage basis, to all property, including the developer-owner’s; adjacent to, and which may be served by, the water line extension.
The developer-owner’s property shall be allocated its proportionate share of the installation costs of the extension water line. The developer-owner shall not be entitled to reimbursement for this portion of the reimbursable extension costs.
The front footage for each parcel of property shall be established by the town. The Utility Services Department Director shall have sole and exclusive control of the connections to any proposed extension.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The reimbursable costs for an extension of sewer line shall be allocated, on an acreage service basis, to all property, including the developer-owner’s, which may be served by the sewer line extension.
The developer-owner’s property shall be allocated its proportionate share of the installation costs of the extension sewer line. The developer-owner shall not be entitled to reimbursement for this portion of the reimbursable extension costs.
The acreage service area for each parcel of property shall be established by the town. The maximum service area to be serviced by the proposed extension and its ultimate branches and laterals shall be determined by the Utility Services Department Director, or designee, based on sewer capacity requirements. The Utility Services Department Director shall have sole and exclusive control of the connections to any proposed extension.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The allocated reimbursement extension costs shall be collected by the town at the time the subsequent user of the property to which extension costs have been allocated applies to the town for a permit to connect to the existing extension. The allocated reimbursement extension costs must be paid prior to issuance of a connection permit or actual connection to the extension.
All funds collected pursuant to the extension reimbursement agreement, less the town’s administrative fee as provided in this article, shall be placed into a separate account for the collection and payment of allocated reimbursement extension costs.
Payment of collected reimbursement extension costs shall be made to the developer-owner on an annual basis each thirtieth day of June.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
If any parcel or property to which reimbursement extension costs have been allocated receives water or sewer service by means other than the extension water or sewer line covered by the agreement, the reimbursement extension costs allocated to that parcel will not be collected and the town shall not be responsible to the developer-owner for that amount.
If any parcel of property, which has not previously been allocated a pro rata share of the reimbursement extension costs, applies to the town for a permit to connect to the extension, the town shall assess a portion of the reimbursement extension cost, on a front footage or acreage service basis, to that parcel and collect the amount prior to issuance of the connection permit or actual connection to the extension.
In no event shall the developer-owner receive an amount which exceeds the total reimbursement extension costs less the developer-owner’s allocated share of those costs.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The extension reimbursement agreement shall provide that the extension water or sewer lines covered by the agreement shall become the property of the town upon completion of installation and acceptance by the town.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Agreements must be executed prior to construction of the extension. The term of the extension reimbursement agreement shall be set in the agreement. At the expiration of the term, the agreements shall automatically terminate and developer-owner shall have no right to reimbursement for any connection to the extension after the expiration date. Any balances remaining unpaid upon termination shall be canceled, and the town shall be fully discharged from any further obligation under the agreement. No interest shall accrue on any costs advanced by a developer-owner. There will be no reimbursements for participating charges collected prior to receipt of the developer-owner’s written request to enter an agreement.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The town fee for administration of the agreement and collection of the allocated reimbursement costs shall be 10 percent of the allocated reimbursement costs. The town will deduct a ten percent (10%) administrative fee from each payment received from subsequent users prior to disbursing any funds to the initial developer-owner. The initial developer-owner pays the administration fee.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The extension reimbursement agreement shall include a diagram approved by the town designating the properties which are expected to be served by the extension water or sewer line, the per front footage (water) and per acreage service (sewer) factors to be used for allocation of the reimbursement costs and the front footage (water) and acreage (sewer) assigned to each parcel for purposes of allocating the reimbursement costs.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The agreement shall set forth the name of the person to whom payment of the reimbursement amount shall be made. The developer-owner may assign to one party only, with the consent of the town, the right to receive payments under the extension reimbursement agreement if the assignee purchases or acquires the entire interest of the original property owner who entered into the repayment agreement and the assignment is in accordance with the specific terms of the extension reimbursement agreement. No other assignment of any portion of the extension reimbursement agreement may be made by the developer-owner or his assignee. Such an assignment shall not relieve the developer-owner from his duties and obligations under the reimbursement agreement.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
16-8-1 Definitions16-8-2 Approval Of Plans Prerequisite To Issuance Of Building Permit16-8-3 Bond Or Deposit16-8-4 Temporary WaiversHISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the text clearly indicates otherwise:
"Off-site improvements" means those required improvements in the public right-of-way and shall include, but not be limited to, asphaltic concrete surfacing, aggregate base, curb and gutter, valley gutters, concrete sidewalks, water mains, fire hydrants, sanitary sewers, storm drains and irrigation facilities when required.
"Redeveloped" means major additions or major alterations to existing structures, and shall include new structures on parcels of land having existing structures situated thereon.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
No building permit shall be issued by the town until plans are submitted indicating that off-site improvements are planned for the project in conformance with town standards and requirements. These off-site improvement plans shall be submitted with all other building plans and applications. Building plans shall be approved in writing by the development department. Off-site improvement plans shall be approved in writing by the Utility Services Department and Development Services Department.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
The Development Services Department shall deny final approval and certificate of occupancy of any building until the required off-site improvements are completed and have been inspected and approved by the appropriate town department, unless performance of off-site improvements is guaranteed by a performance bond, approved by the town attorney and the Utility Services Department Director, or a cash deposit with the finance and technology department for a sum which shall be in an amount fixed by the town.
The performance bond or cash deposit shall be returned to the depositor upon the approval of the town subsequent to the completion of the off-site improvements. It is further provided that the performance bond or cash deposit, or a portion thereof, the amount of such portion to be determined by the town, may be retained by the town as compensation for performing the work required in the approved off-site improvement plans; provided, that the permittee shall have failed, or refused, to install the work within 30 days after receipt of a notice in writing by the town.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
If any of the off-site improvements cause a hardship on the town, or it is not practical to construct the improvements because of the pending formation of an improvement district, the town may temporarily suspend the off-site improvements upon the property owners entering a contract with the town to accept an improvement district assessment or to construct the off-site improvements within 30 days after receipt of a notice to proceed issued by the town.
HISTORY
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
16-9-1 Setting And Amending Capacity Charges16-9-2 Water Capacity Charge16-9-3 Wastewater Capacity ChargeHISTORY
Adopted by Ord. 544-14 on 4/2/2014
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 700-19 on 6/5/2019
Amended by Ord. 702-19 on 8/7/2019
The Council may by ordinance or resolution set and amend any capacity charge for water and or wastewater, subject to all applicable notice and hearing requirements. Applicants should consult with the Utility Services Department for current charges.
HISTORY
Adopted by Ord. 544-14 on 4/2/2014
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Meter Size
| Capacity Ratio
| Water Capacity Charge
|
| 3/4" | 1.00 | $2,382
|
1”
| 1.67 | $3,978
|
1 1/2"
| 3.33 | $7,933
|
| 2" | 5.33 | $12,697
|
| 3" | 10.00 | $23,822
|
| 4" | 16.67 | $39,711
|
Meter sizes and associated fees are for compound meters. Fees for turbine meters and meters larger than 4-inches are subject to a special calculation.
HISTORY
Adopted by Ord. 544-14 on 4/2/2014
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 700-19 on 6/5/2019
Amended by Ord. 702-19 on 8/7/2019
Meter Size
| Capacity Ratio
| Sewer Capacity Charge
(Residential)
| Sewer Capacity Charge
(Non-residential)
|
| Single-Family - Per Dwelling Unit (Meters Less Than or Equal to 1") | 1.00 | $6,144 | - |
| Multi-Family - Per Dwelling Unit | 0.75 | $4,608 | - |
| 3/4" | 1.00 | $2,901
| $6,144
|
| 1" | 1.67 | $2,901
| $10,261
|
| 1 1/2" | 3.33 | $9,660
| $20,481
|
| 2" | 5.33 | $15,462
| $32,770
|
| 3" | 10.00 | $29,009
| $65,541
|
| 4" | 16.67 | $48,358
| $102,408
|
| 6" | 33.33 | - | $204,816 |
| 8" | 53.33 | - | $327,705 |
| 10" | 76.67 | - | $471,077 |
Meter sizes and associated fees are for compound meters. Fees for turbine meters and meters larger than 4-inches are subject to a special calculation.
HISTORY
Adopted by Ord. 544-14 on 4/2/2014
Repealed & Reenacted by Ord. 585-15 on 12/16/2015
Amended by Ord. 700-19 on 6/5/2019
Amended by Ord. 702-19 on 8/7/2019
Amended by Ord. 883-25 on 12/3/2025
16-10-1 Purpose16-10-2 Definitions16-10-3 Small Wireless Facilities In The Public Right Of Way16-10-4 Application16-10-5 Rates And Fees
HISTORY
Adopted by Ord. 655-18 on 2/7/2018
The intent and purpose of this article is to facilitate the development and installation of small wireless facilities in the Town of Queen Creek to supplement existing wireless communications networks and to increase capacity in high demand areas, while simultaneously promoting and preserving the health, safety, and general welfare of the residents of the Town and protecting and preserving the aesthetic qualities of the natural and built environment of the Town. Through this article, the Town seeks to balance the need for increased wireless communications capacity with the need for reasonable standards to preserve the aesthetic values of the Town and to ensure safe placement of small wireless facilities.
HISTORY
Adopted by Ord. 655-18 on 2/7/2018
The definitions contained in A.R.S. § 9-591 are incorporated by this reference and shall apply to this article as if fully set forth here.
HISTORY
Adopted by Ord. 655-18 on 2/7/2018
This section permits the installation of small wireless facilities in the right of way subject to the following requirements:
- No monopoles, utility poles associated with small wireless facilities, or small wireless facilities shall be collocated, installed, modified, or replaced in the public right of way unless the following requirements are met:
- An Application is submitted to and approved by the Town pursuant to Section 16-10-4;
- All Town requirements as set forth in this article are met;
- All other applicable codes and requirements are met;
- A Wireless Facility License Agreement is signed; and
- A Wireless Facility Site Permit issued.
- The installation and maintenance of monopoles in the public right of way and small wireless facilities on utility poles in the public right of way shall be subject to and comply with reasonable requirements, including the Wireless Facilities Standard Terms and Conditions, the Town’s Design Standards and Guidelines, and any site-specific requirements developed based upon consultation with the Town through the site review and permitting process.
- The installation and maintenance of monopoles in the public right of way and small wireless facilities on utility poles or monopoles in the public right of way shall be subject to rates and fees pursuant to Section 16-10-5 of this article.
- In addition to the above requirements, the installation, replacement, and/or modification of monopoles in the public right of way shall be subject to the requirements of Section 6.9 of the Town’s Zoning Ordinance.
- In addition to the above requirements, the installation, replacement, and/or modification of utility poles that exceed the greater of either 1) ten (10) feet above the tallest existing utility pole (excluding utility poles supporting only wireless facilities), that is located within five hundred (500) feet of the proposed site for the new, replacement or modified pole if that existing pole was in place prior to August 9, 2017, but the new pole cannot be more than fifty (50) feet above ground level; or 2) Forty (40) feet above ground level, shall be subject to the requirements of Section 6.9 of the Town’s Zoning Ordinance.
- In addition to the above requirements, collocations of new small wireless facilities that exceed ten (10) feet above the utility pole or wireless support structure (defined as including a monopole if there was an existing one in the ROW) and exceed fifty (50) feet above ground level shall be subject to the requirements of Section 6.9 of the Town’s Zoning Ordinance.
HISTORY
Adopted by Ord. 655-18 on 2/7/2018
- Prior to the collocation, installation, modification, or replacement of any monopole, utility pole associated with wireless facilities, or small wireless facility in the public right of way, the wireless provider must complete and submit an Application to the Town’s Department of Development Services.
- The Department of Development Services shall prescribe and provide a regular form of application for use by Applicants for permits required by this section. The Application shall include such information and details as the department deems necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed small wireless facility. If requested, the Applicant shall include maps, sketches, diagrams, or similar exhibits. The Applicant shall include proof of liability insurance.
- The Department of Development Services shall determine if the Application establishes that the utility poles associated with wireless facilities, monopoles, and/or small wireless facilities that are the subject of the Application comply with the following:
- Town Design Standards and Guidelines
- Town codes, ordinances, regulations, requirements, policies, and guidelines, regarding undergrounding
- Town codes, ordinances, regulations, requirements, policies, and guidelines, regarding public safety
- Town codes, ordinances, regulations, requirements, policies, and guidelines regarding spacing new utility poles
- All other applicable Town codes, ordinances, regulations, requirements, policies, and guidelines to which law to subject small wireless facilities authorizes the town.
- If it is determined that the Application does not establish compliance with requirements of this section, then the Application must be denied.
HISTORY
Adopted by Ord. 655-18 on 2/7/2018
- The Town Council shall, by ordinance or resolution, set and amend any rate, rate component, charge, or fee authorized by state law for the use of the public right of way and Town utility poles in connection with small wireless facilities including:
- Fees for conditional use permit applications
- Fees for collocation applications;
- Fees for the use of the right of way;
- Rates for the use of the Town’s utility poles;
- Fees to recover legal costs resulting from enforcement to any noncompliance including, but not limited to, administrative expenses, investigation, testing, legal proceedings and filings, and continued monitoring; and
- Other fees as the Town may determine necessary to carry out the requirements contained herein.
- All rates and fees set or amended pursuant to this article shall be reasonable and shall not exceed the amounts permitted by state law.
- The Town shall publish and make available its schedule of rates and fees.
- These fees relate solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the Town.
HISTORY
Adopted by Ord. 655-18 on 2/7/2018
16-11-1 Policy Established16-11-2 Definitions16-11-3 Applicability16-11-4 Sustainable Water Allocation Agreement Application16-11-5 Town Review Of Sustainable Water Allocation Applications16-11-6 Rates For Water16-11-7 Enforcement For Exceeding The Annual Sustainable Water Use Allotment- The Town of Queen Creek has finite water resources.
- The water allocation policy implemented in this Article 16-11 will assist the Town in maintaining a sustainable water supply for existing and future water users.
HISTORY
Adopted by Ord. 809-23 on 4/19/2023
"Allocation" shall mean the Town's act(s) of record allocating water it owns or may own in the future for delivery in its water system for current and future water customers. Allocation of water under this Article 16-11 does not convey any rights to others for the use, ownership, or reservation of such water to any particular customer being served or potentially to be served by the Town's water system, or for a different use.
"Annual" or "Annually" refers to a calendar year.
"Applicant" shall mean the owner, or owner's agent, who submits a water service request pursuant to the Queen Creek Town Code Chapter 16, for a new or change in use.
"Change in Use" shall mean a use by an existing Town water customer or on real property within the Town's water service area which causes the water use to exceed Tier I water use allocation and become a Tier I expanded water user or Tier II water user.
"Multiple and Large Meter Users" or "MLM Users" shall mean water users engaging in water uses and non-irrigation reclaimed water uses - excluding water meters currently in service for the applicant for the same use and level of water service prior to enactment of this Ordinance, water meters used solely for residential land use (as defined in Queen Creek Town Code Section 7-7-3), and landscape water meters, which:
- use or will use water sufficient to require installation of a 3-inch or greater meter or its equivalent in multiple meters;
- use of will use more than 60 acre feet of water annually (53, 565 gallons per day); or
- require or will require one or more new meters for a building that already has water service and the combined water use is or will be more than 60 acre feet annually (53,565 gallons per day).
"Sustainable Water Allocation Application" shall mean the application that must be submitted by all applicant desiring to become or are a MLM user.
"Sustainable Water Allocation Agreement" shall mean a written agreement that has been entered into between the applicant and the Town, as described in this Article.
"Tier I Water Use Allocation" shall mean up to an including 60 are feet of water annually (53, 565 gallons per day) per water use or user.
"Tier I Expanded Water Use Allocation" shall mean the Tier I use allocation plus up to an additional 40 acre feet of water annually, representing a total amount of up to 100 acre feet annually (89,275 gallons per day) per water use or user pursuant to a sustainable water allocation agreement entered in to under Section 16-11.
"Tier II Water" shall mean water that the applicant is required to acquire and has transferred to the Town, in excess of the Tier I Water Use Allocation and Tier I Expanded Use Allocation (if applicable), whether that water is acquired directly by applicant or is acquired by the Town pursuant to the Sustainable Water Allocation Agreement.
"Tier II Water Use Allocation" shall mean the Town Council accepted allocation of Tier II water to a MLM User in accordance with this Article and a Sustainable Water Allocation Agreement.
"Water" shall mean potable and reclaimed water served by the Town for any use other than for landscape or irrigation.
"Water Resource Management Strategy Report" shall mean the periodic report approved by the Town Council which defines the Tier I Water Use Allocation, outlines the Town's development goals, types of land uses to be encouraged by the Town's possible participation in the acquisition of Tier II water, and the criteria to be considered by Town Staff and the Town Council in the potential participation in the acquisition of Tier II water to MLM users who may meet the criteria. Those criteria shall include, but not be limited to, the water acquisition and allocation, and economic development policy, goals and strategies implemented by the Town.
"Water Service Request" shall mean an application for service under Section 16-2-7 and Article 16-5 of the Town Code.
HISTORY
Adopted by Ord. 809-23 on 4/19/2023
- The water usage of al MLM users in the Town, other than MLM users who are approved in accordance with subsection 16-11-3. are limited to the then-existing Tier 1 water allocation accepted by the Town in accordance with this Article 16-11.
- All MLM users desiring to exceed, or which are determined by the Town (either before or after installation of a water meter or commencement of delivery of water) to be operating a use that exceeds the Tier I water use allocation shall enter into a sustainable water allocation agreement that has been executed by the applicant and approved by the Town.
- MLM users may only exceed the Tier 1 water use allocation then existing, if and when the Town , in its sole discretion, specifically grants a water use allocation in accordance with this Chapter and pursuant to a sustainable water allocation agreement.
- The Town Council may waive any and all requirements in this Article 16-11 in a development agreement or other agreement with MLM User if the Town Council determines that such waiver is in the best interest of the Town.
HISTORY
Adopted by Ord. 809-23 on 4/19/2023
Amended by Ord. 820-23 on 10/4/2023
- All MLM users shall submit a sustainable water allocation agreement application to the Town prior to receiving water.
- The sustainable water allocation agreement application shall identify the type of water use, the size of the structures in the development and/or involved in the use, annual and monthly water use, and the phasing of development if applicable.
- The information provided by the applicant in the sustainable water allocation agreement application shall be used to calculate the applicant's Tier I water use allocation and the application of the provisions of Section 16-11-5.
HISTORY
Adopted by Ord. 809-23 on 4/19/2023
- Subject to subsection Chapter 16-11-5(B) and (C), the Town Water Resources Manager shall review and the Town Manager may recommend a sustainable water allocation agreement application as provided in this article.
- The Town Manager in consideration of a recommendation by the Town Water Resources Manager, will determine in their sole and absolute discretion whether, based on the most recent water resource management strategy report, a particular MLM user's development or change in use may be eligible for the application fo a Tier I expanded use allocation, and if so, how much Tier I expanded water use allocation the Town may provide to the development, and on what terms to be included in the sustainable water allocation agreement. Unless Tier II water is allocated to the development, the Town Manager shall have the authority to enter into a sustainable water allocation agreement as provided in this Article.
- Tier II water allocation determination.
- The Town Council, in consideration of a recommendation by the Town Manager, will determine in tis sole and absolute discretion whether, based on the most recent water resource management strategy report, if a particular MLM user's development or change in use may be eligible or the Town's participation in the acquisition of Tier II water, and if so, how much Tier Ii water the Town may participate for the development, and on what terms to be included in the sustainable water allocation agreement.
- To the extent the Town Council determines that it will not participate in the acquisition of Tier II water, the MLM user must purchase at its sole expense Tier II water, if available, in order to continue with the water service request for its planned development or change in use, which acquisition shall be documented in the sustainable water allocation agreement.
- Prior to authorizing the installation of any water meters or change in use for a MLM user desiring to exceed the tier i water use allocation, the Town and the MLM user shall enter into a sustainable water allocation agreement in a form approved by the Town. The sustainable water allocation agreement shall include the following provisions:
- Term of the agreement and terms for renewal.
- Town's determination regarding the water use allocation that will be permitted pursuant to the sustainable water allocation agreement.
- Terms and conditions for the purchase of water resources necessary for delivery of water under the sustainable water allocation agreement.
- Terms and conditions that the purchased water supply will meet all the requirements for the Town to qualify for or maintain a designation of assured water supply as outline in the arizona groundwater management act.
- Other terms and conditions deemed necessary by the Town in order to allow for the allocation of tier ii water under the sustainable water allocation agreement.
- All tiers of water are linked to the water meter and specific use at the site as specified in the sustainable water allocation agreement, and any rights under a sustainable water allocation agreement cannot be assigned, leased, transferred or joined with another use without prior submittal of a sustainable water allocation application and written authorization by the Town and corresponding amendment of the sustainable water allocation agreement or execution of a new sustainable water allocation agreement.
HISTORY
Adopted by Ord. 809-23 on 4/19/2023
Except as set forth in a sustainable water allocation agreement, all users shall pay the rates for delivery of water established by the Town Council, which may be amended from time to time, pursuant to Section 16-5-13 of the Town Code, or as otherwise allowed by law and approved by the Town Council.
HISTORY
Adopted by Ord. 809-23 on 4/19/2023
- The Town Water Resources Manager shall periodically review each mlm user's water usage, or anticipated use, based on a calendar year (or applicable portion thereof). A MLM user whose water usage is determined to be in excess of the amount set forth in the sustainable water allocation agreement shall be subject to the following enforcement:
- First exceedance - the MLM user must immediately reduce the amount of water it uses to the amount set forth in the sustainable water allocation agreement and must submit a written water use reduction plan in a form and substance acceptable to the town within 30 days following written request by the Town. Failure to comply with the foregoing shall be deemed a second exceedance.
- Second exceedance - the MLM user must immediately reduce the amount of water it uses to the amount set forth in the sustainable water allocation agreement, the town may acquire or utilize water credits or other available water resources to offset the exceedance by the MLM user. The MLM user shall reimburse the town for all reasonable costs for the water exceedance by the MLM user. Failure to comply with the foregoing shall be deemed a third exceedance.
- Third exceedance - the MLM user must immediately reduce the amount of water it uses to the amount set forth in the sustainable water allocation agreement, the town may acquire or utilize water credits or other available water resources to offset the exceedance by the MLM user. The MLM user shall reimburse the town for all reasonable costs for the water exceedance by the MLM user. The Town may in addition thereto, in its discretion, terminate the MLM user's sustainable water allocation agreement and lock or remove the MLM user's water meters and/or seek to enforce any or all remedies available at law or in equity (including expedited equitable relief).
HISTORY
Adopted by Ord. 809-23 on 4/19/2023
ARTICLE 17-1 TITLEARTICLE 17-2 PURPOSEARTICLE 17-3 DEFINITIONSARTICLE 17-4 AUTHORITY TO GRANT LICENSE, LICENSE REQUIRED, NON-EXCLUSIVE LICENSEARTICLE 17-5 APPLICATION PROCEDURESARTICLE 17-6 STANDARDS FOR GRANTING OR DENYING LICENSE APPLICATIONSARTICLE 17-7 LICENSE AGREEMENTARTICLE 17-8 OPERATING REQUIREMENTS FOR CABLE COMMUNICATIONS SYSTEMSARTICLE 17-9 FEES, BONDS, LETTERS OF CREDIT, LIQUIDATED DAMAGES AND APPEALSARTICLE 17-10 TERMINATION - REVOCATIONARTICLE 17-11 RENEWALARTICLE 17-12 TRANSFERS AND CHANGE OF CONTROLARTICLE 17-13 INDEMNITY INSURANCEARTICLE 17-14 ADMINISTRATIONARTICLE 17-15 GENERAL PROVISIONSARTICLE 17-16 RIGHTS RESERVED TO THE COUNCIL
This chapter shall be entitled the Town of Queen Creek Cable Communications Chapter.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
It is the purpose of this chapter to provide for the regulation and control of cable television systems operating within the town by the council, in the public interest; to authorize the council to grant one or more non-exclusive licenses to operate cable communications systems; to provide for the use of town streets, public utility easements, public rights of way and public places by licensee and compensation to the town for use of same; and to require that the provisions of this chapter be applicable to all licenses granted by the council. It is the further purpose and intent of this chapter to facilitate the provision of high quality cable television service to the citizens of the town while minimizing disruptions of the public domain for system installation and maintenance.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
For purposes of this chapter, the following words, abbreviations and their derivations shall have the meanings given herein. Words not defined are given the meaning in Section 602 of the Cable Act, 47 U.S.C. Subsection 522, and, if none, their common and ordinary meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The words "must" or "shall" are mandatory and the word "may" is permissive.
"Access channel" shall mean one or more channels dedicated in whole or in part for local non- commercial programming which is set aside for educational use or governmental use without a charge by the licensee for channel usage and which is not originated by a cable company; provided that such access programming shall not include:
- the retransmission of local television broadcast signals, or
- programming produced by persons unaffiliated with the cable company under the provisions of Section 612 of the Cable Act.
"Applicant" means any person that applies for a license.
"Application" means a proposal to construct and/or operate a cable system within the town, transfer a license, renew a license or modify a license. An application includes the initial proposal plus all subsequent amendments or supplements to the proposal and relevant correspondence.
"Basic cable service" or "basic service" means any service tier which includes the retransmission of local television broadcast signals.
"Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq., as amended.
"Cablecasting" means a non-broadcast signal that originates within the facilities of the cable communications system.
"Cable service", unless defined in the license agreement, means:
- one way transmission to subscribers of:
- video programming, or
- other programming service, and
- subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
"Cable television system" or "cable system" unless defined in the license agreement, means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the town. Such term does not include:
- Facility that serves only to retransmit the television signals of one or more television broadcast stations;
- A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility uses or crosses (above or through) any public right-of-way;
- A facility of a common carrier that is subject, in whole or part, to the provision of Title II of the Communications Act of 1934, 47 U.S.C. Subsection 201 et seq., except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers or
- Any facility of any electric utility used solely for operating its electric utility systems. Furthermore, if there is a connection of any such exempt system to a licensed system such exemption shall cease.
"Change of service" means all requests by existing subscribers for modification to their cable service, such as additions or deletions of premium services, additional outlets, remote controls FM service, etc. Such terms shall not include initial installation of basic cable service, total disconnection of basic cable service or service calls.
"Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and is capable of delivering a television channel.
"Complaint" is a subscriber or citizen issue, presented in verbal or written form, to the licensee or the town relating to any aspect of the licensee's performance under this chapter.
"Control of licensee or applicant" means the legal or practical ability to direct the affairs of the licensee or applicant either directly or indirectly, whether by contractual agreement or majority ownership of an economic interest. In the case of a limited partnership, a change in limited partner interests shall not constitute a change in control where the limited partners have no power to participate in the management of the partnership, and the general partner retains full power.
"Converter" is an electronic tuning device which converts transmitted signals to a frequency which permits their reception on an ordinary television set.
"Council" means the town Council of the Town of Queen Creek, Arizona, or such representative person or entity as may be designated initially or at some future date to act on cable television matters.
"Density" means the number of potential subscriber households per mile of cable system. Dwelling units shall be counted when they are within 250 feet of any portion of the cable distribution system including trunk and feeder cable lines.
"Dwelling unit" means any separate and distinct structure or part thereof which exists in finished form, occupied or capable of year-round occupation, and serves as a residence to one or more persons. Included in this definition, but not limited to are: all single family homes, each apartment unit, each condominium unit, patio homes, guest quarters and similar type structures.
"FCC" means the Federal Communications Commission or successor agency.
"Gross revenues", unless defined in the license agreement, shall mean all cash, credits, property of any kind or nature, or other consideration, less related bad debts up to a maximum of one and one-half percent annually of such cash, credits and property, received directly or indirectly by a licensee, its affiliates, subsidiaries, parent and any person, firm or corporation in which a licensee has a financial interest or which has a financial interest in a licensee, arising from or attributable to the licensee's operation of its cable television system within the town, including, but not limited to:
- Revenue from all charges for services provided to subscribers;
- Revenue for all charges for the insertion of commercial advertising upon the cable system;
- Revenue from all charges for the leased use of studios;
- Revenue from all charges for the installation, removal, connection and reinstatement of equipment necessary for a subscriber to receive cable service;
- Revenue from the sale, exchange, use or cablecast of any programming developed for community use or institutional users.
- Revenue from all charges for the use of or lease of leased access channels or band width.
- Revenue from the production or transmission over the cable system of video programming by licensee including programming produced by its mobile facilities.
- Any other income derived from the cable system.
Gross revenues shall not include taxes collected by licensee on behalf of any governmental authority; any surcharges for underground conversion of cable plant costs; any increase in the value of any stock, security or asset; the value of complimentary services provided to licensee's employees and is required by this chapter or any license; and dividends or other distributions made in respect of any stock or securities, or value received by a licensee or any of its affiliates, subsidiaries or parent relating to licensee services or through cooperative advertising.
Gross revenues shall not include cash, credit, property of any kind or nature or other consideration received by a licensee's affiliates, subsidiaries, parent or any person, firm or corporation ("affiliate") in which a licensee has a financial interest or which has financial interest in a licensee for any sales of advertising on the cable system, services to provide programming on the cable system, production services and/or telecommunication services which are cable services when such services are provided by an affiliate, which has all the following characteristics: the affiliate is a separate legal entity, with separate employees, with separate financial records (which may be part of consolidated financial reporting records) and a separate mission; it makes payments to licensee which meet market standards for the services and industries involved, even if it does not offer and provide its services to persons other than licensee in the same industry as licensee; and it was established for valid business purposes and not with the intent and purpose of circumventing payment of license fees on gross revenues. Nothing contained in this exclusion from gross revenues shall be interpreted to exclude from gross revenues such cash, credit, property of any kind or nature or other consideration which would be considered the licensee's gross revenues derived from the operation of the cable system under the Cable Act. Except for gross revenue from such sales of advertising on the cable system, services to provide programming on the cable system, production services or telecommunication services which are cable services received by such affiliate, this paragraph shall not exclude from gross revenues any source of gross revenues which an existing licensee itself is receiving at the time it is granted a license under this chapter.
When a licensee (or an affiliate) holds one or more other cable television licenses in Maricopa County, Arizona and/or Pinal County, Arizona and receives and allocates gross revenues from paragraphs 2, 6 and 7 under this definition, then gross revenues derived from paragraphs 2, 6 and 7 under this definition, shall be allocated pro rata to the town based on the ratio of the number of subscribers of licensee (or an affiliate), in the town to the number of subscribers of licensee (or an affiliate) in all the jurisdictions in Maricopa County, Arizona and/or Pinal County, Arizona, in which licensee (or an affiliate) holds a cable license. If a licensee does not allocate its gross revenues derived from paragraphs 2, 6 and 7 under this definition from such other jurisdictions then the number of subscribers in such jurisdictions shall not be included in the total number of subscribers in all other jurisdictions.
"Interconnect" or "interconnect of facilities" is the connection of one or more channels of licensee's system with other cable systems by direct cable, microwave link, satellite or other appropriate methods.
"Leased channel" or "leased access channel" means any channel designated in accordance with Section 612 of the Cable Act, 47 U.S.C. Subsection 532, for commercial use by persons unaffiliated with the licensee.
"License" means the non-exclusive right and authority, granted by the council, as described in this chapter, to construct, maintain and operate a cable television system through use of the public streets or public places in the town. This term does not include any license or permit that may be required by the chapter or other laws, ordinances or regulations of the council for the privilege of transacting and carrying on a business within the town or for disturbing the surface of any street or public thoroughfare.
"Licensee" means the person granted a license agreement by the council and any lawful successor, transferee or assignee of said person.
"License agreement" means a contract entered into in accordance with the provisions of this chapter between the council and a licensee that sets forth the terms and conditions under which the license will be exercised.
"Malfunction" means an equipment or facility failure that results in the loss of a viewable signal on one or more channels. A "major malfunction" has occurred when five or more channels are affected.
"Outage" means an equipment or facility failure that results in a total loss of signal on all cable channels affecting three or more subscribers within one linear mile during any one hundred twenty minute period.
"Overbuild" means a cable system constructed to serve subscribers currently served by an existing cable system, including those parts of an existing system that will be constructed within six months pursuant to plans filed with the council.
"PEG access channel" or "PEG channel" means any channel set aside for educational use or governmental use without a charge by the licensee for channel usage.
"Person" means any individual, corporation, joint venture, association, syndicate, trust, partnership or any other business entity who holds or applies for a license from the council.
"Property of licensee" means all property owned, installed or used within the town by a licensee in the conduct of a cable television system business.
"School" means any public educational institution, which is accredited by a nationally recognized institution, including primary and secondary schools, colleges and universities.
"Service call" shall result when service problems occur relating to:
- Fewer than three complaints regarding total loss of signal on all channels within within one linear mile during any one hundred twenty minutes,
- A degraded signal or picture on one or more channels, or
- Property damage by licensee employees or authorized contractors.
"Standard drop" means that cable connection which requires no more than a one hundred and twenty-five foot drop measured from the nearest point of subscribers home or place of business to the nearest active tap on the cable system, involving only one outlet and standard materials and does not involve a wallfish. In addition, a standard drop shall exclude custom installation work including specific subscriber requested work that requires nonstandard inventory or cable routing that requires construction methods exceeding reasonable underground or aerial work.
"Street" means the surface, the air space above the surface and the area below the surface of any public street, road, highway, path, sidewalk, alley, court, easement or other public right-of- way or public place now or hereafter held by the town, County of Maricopa, County of Pinal or State of Arizona for the purpose of public travel or public utilities.
"Subscriber" means any individual or entity legally receiving, for any purpose, cable services of the licensee's cable television system including, but not limited to, the basic service, redistribution of television broadcast signals, radio signals, licensee's original cablecasting, community programming, government and education access channels and other services such as leased channels, data and facsimile distribution, premium and pay per view channels and police, fire and similar public service communication.
"Town" means the Town of Queen Creek, a municipal corporation of the State of Arizona, in its present boundaries, and its future boundaries as increased or decreased by law.
"Town manager" means the Town Manager of Queen Creek, Arizona, or his designee, as will be communicated to the licensee in writing, if and when such designation occurs.
"Two-way capability" means the incorporation in a cable system of all appropriate design and engineering characteristics so that two-way transmission, including addressability, over the system can be implemented with a minimum of expense.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- Pursuant to A.R.S. § 9-505, as amended, the council has the authority to issue non- exclusive licenses to construct, install, maintain and operate cable communication systems within the town, and to regulate those cable operations. The council's authority is also based in common law pursuant to the town's ownership of the fee simple title to the streets of the town as well as its legal interest in easements and licenses granted to it by property owners for the purposes of municipal use.
- No provision of this chapter shall be deemed or construed to require the granting of a license.
- No person shall construct, install or maintain a cable system within any street in the town, or within any other public property of the town, unless a license agreement authorizing such use of said streets or property is in full force and effect.
- Any person providing cable services or maintaining a cable system in the town pursuant to a license granted by Maricopa County, Arizona and/or Pinal County Arizona, prior to the incorporation of the town, may continue to provide or maintain such system until such time as the town has granted its first license. If the person providing service or maintaining a system does not apply for and receive one of the first town licenses, then the person shall have one hundred twenty days from the effective date of the first licenses to provide for the abandonment or removal of the system.
- Any license issued by the council shall be non-exclusive, and the council specifically reserves the right to grant such additional licenses for cable systems as the council deems appropriate.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- Any person desiring to construct, install, maintain or operate a cable communication system within the town shall submit an application to the council. This application shall be filed with the town clerk, and must conform to Article 17-9 of this chapter and must address, at a minimum, the following information:
- The name, title, address, phone numbers and ownership interests for all owners holding five percent or more of the applying entity, including key contact and management personnel.
- The proposed construction or service area, construction schedule, likely time line, and construction standards, practices and procedures.
- The proposed service levels, including channel capacity, program selections, rates, customer service standards, problem resolution process, customer contact locations.
- Other pertinent information the applicant deems appropriate and helpful to the town in assessing the credibility and worthiness of the proposal.
- All applications filed with the town clerk remain the property of the town. Applications submitted may be returned as incomplete if they do not comply with all requirements of the town. The council reserves the right to issue a request for proposals at any time.
- Applications for consent to transfer a license or an interest in a license must conform to the requirements of Articles 17-9 and 17-12 of this chapter, while applications for renewal must conform to Articles 17-9 and 17-11.
- An application for modification of a license agreement must conform to Article 17-9 of this chapter and include, at a minimum, the following information:
- The specific modification requested;
- The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the impact on the applicant if the modification is not approved;
- A statement as to whether the modification sought is pursuant to 47 U.S.C. Section 545, and, if so, a demonstration that the requested modification meets the legal standards of said section; and
- Any other information necessary for the council to make a determination.
- To be acceptable for filing, an application must be submitted with any required filing fee, be properly executed on the forms prescribed by the council, and contain the information required by this chapter, and meet the requirements of any applicable request for proposals.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- All applications received that are acceptable for filing shall be placed in a public file with the town clerk.
- The council shall give full consideration to each application. The following factors may be deemed appropriate and shall be considered:
- The financial qualifications of the applicant and its ability to construct and operate the proposed system.
- The need for and quality of the service proposed, including rates to subscribers, whether or not rates are to be regulated.
- The technical, legal and character qualifications of the applicant, including applicant's willingness to abide by the limitations of this chapter.
- Technical and performance adequacy of the proposed system design, plant and equipment, including any specific knowledge or experience the council may have with the applicant.
- Where an applicant proposes to overbuild an existing cable system, the economic and technical feasibility of multiple cable systems, the impact on the existing licensee's system and the public interest, if the application were to be granted.
- All other factors which may affect the public interest.
- Thereafter, the council shall make a determination whether to approve or disapprove each application.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- Upon the approval of an application by the council, the applicant shall negotiate and execute a license agreement within sixty days. If the council and the grantee fail to agree on the terms of a license agreement within the sixty days of the date that the council's action approving the application, the approval shall expire without further action by the council. This time limit may be extended by the council for good cause. The license agreement shall incorporate all terms and provisions of this chapter wherein a requirement is placed upon the licensee, either expressed or implied by this chapter. The licensee shall expressly and specifically agree to accept the terms of and be bound by the terms of this chapter.
- A license agreement shall have the following characteristics:
- It authorizes use of the public rights-of-way for installing cables, wires, lines and other facilities to operate a cable system, but does not expressly or implicitly authorize the licensee to provide service to, or install cable, wires, lines or any other equipment or facilities upon property without owner consent [except for compatible easements or rights-of-way pursuant to 47 U.S.C. Section 541(a)(2)], or to use publicly or privately owned utility poles or conduits without a separate agreement with the owners. It also authorizes the licensee so to use, operate and provide similar facilities or properties rented, licensed or leased from other persons, firms or corporations, including but not limited to any public utility or other licensee licensed or permitted to do business in the town; provided, however, that neither the licensee nor the third party shall be relieved of any regulation or obligations as to its use of such facilities in the streets.
- It is subject to the paramount right of use of the public rights-of-way by the council and the public for public purposes. The council reserves the right to authorize use of public rights-of-way to other persons as it determines appropriate.
- It is nonexclusive and will not expressly or implicitly preclude the issuance of other licenses to operate cable systems within the town.
- It conveys no property right to the licensee or right to renewal other than as may be required by state or federal law.
- It constitutes a contract between the licensee and the council once it is approved by the council and executed by both parties. A licensee contractually commits itself to comply with the terms, conditions and provisions of the license agreement and with all applicable laws, ordinances, codes, rules, regulations and orders.
- The term of the license agreement shall not exceed fifteen years commencing on its effective date.
- A licensee shall execute a hold harmless agreement as part of the license agreement which shall set forth the obligation of the licensee over and above the insurance requirements contained in the license and this chapter.
- A licensee shall be subject to all laws, rules and regulations of the State of Arizona and the United States Government.
- Any of the provisions of this chapter may be amended by the council at any time. This chapter and such amended provisions shall be applicable to all existing license agreements; provided, however, that this chapter and such amended provisions shall not be applicable to an existing agreement where it would contravene a contractual right of the licensee under the license agreement, nor pose additional contractual burdens on the licensee.
- All notices and communications from a licensee to the council pursuant to this chapter or a license agreement shall be sent to the town manager unless the licensee is otherwise directed.
- Insofar as it is not inconsistent with or otherwise preempted by federal or state regulations, the license agreement shall grant the right and privilege to the licensee to provide non-cable communications services. Insofar as it is not inconsistent with or otherwise preempted by federal or state regulations, the council shall retain all authority to regulate non-cable telecommunication services to the extent necessary to protect the public interest and to ensure compliance with all provisions of this chapter.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
A licensee shall conform to the following minimum standards relative to the construction, operation and maintenance of a cable communications system in the town. It is not the intent of this article to prevent any licensee from providing more than the required minimum to meet the standards listed below.
- Rights of Individuals, Subscribers and Users.
- A cable system shall be operated in a manner consistent with the principles of fairness and equal accessibility of facilities, channels, studios and other services to all residents and other entities having a legitimate use of the system. A licensee shall not discriminate in terms of rates, terms of service or extension of service on the basis of age, race, creed, sex, religion, national origin or marital status. Nor shall a licensee fail to extend service to any part of the town on the basis of the income of the residents. A licensee shall maintain a business office open during normal business hours with listed local or toll-free telephone numbers to allow reasonable access by subscribers and members of the public. Unless a waiver is granted by the council, said office shall be located within ten miles of the town's corporate limits. When the office is closed, an answering machine or similar device, capable of receiving service complaints and inquiries must be employed.
- Licensee shall maintain a written record listing date of all complaints, identifying the subscriber or citizen, describing the nature of the complaint and when and what action has been taken by the licensee, if any, in response thereto; such record shall be kept at licensee's office and shall be available for inspection during regular business hours without further notice of demand of the town manager. A summary of such records must be retained for not less than one year. The licensee shall notify each subscriber at the time of initial subscription to service of the procedure to reporting and resolving complaints.
- A licensee shall establish procedures for the investigation and resolution of all complaints including, but not limited to, those regarding the quality of service and equipment malfunction. A copy of such procedures shall be provided to the council upon request.
- A licensee must provide each subscriber at the time cable service is installed, the following:
- written instructions for placing a service call, filing a complaint or requesting an adjustment, including the phone number and address of licensee's office;
- the telephone number of the town office responsible for administration of the cable license;
- a schedule of rates and charges for all available services;
- copies of the service contract, including disconnect and reconnect procedures and charges;
- a subscriber handbook and upon request any other written policies applicable to subscribers.
- A licensee shall establish and conform to the following policy regarding refunds to subscribers and users:
- If the licensee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the licensee shall provide such service or equipment within thirty days of the collection of the deposit or charge or it shall refund such deposit or charge within five days thereafter upon request of the subscriber. The subscriber must be advised of this right of refund at the time the order is placed.
- If any subscriber or user terminates any monthly service during a period of time for which said subscriber or user has made an annual or other payment in advance, the appropriate pro rata portion of said payment shall be refunded by the licensee.
- The following requirements shall apply to disconnections:
- There shall be no charge for total disconnection of cable service unless such charge was disclosed at the time the subscriber ordered service. All cable communications equipment shall be removed within a reasonable time from a subscriber's property at the subscriber's request, such time not to exceed thirty days from the date of the request.
- If any subscriber fails to pay a properly due monthly subscriber's fee or other charge, the licensee may disconnect the subscriber's service outlet; provided, however, that such disconnection shall not be effected until thirty days after the due date of the charges and shall include a prior written notice to the subscriber of the intent to disconnect. After disconnection, upon payment in full of all proper charges or fees, including the payment of any reconnection charge, the licensee shall promptly reinstate the service.
- A licensee may interrupt service on the cable system only for good cause and for the shortest time possible and, except in emergency situations, only after prior notice to subscribers and the council of anticipated interruption. No prior notice shall be required for the performance of system maintenance work requiring a maximum of one hour between the hours of six a.m. and twelve midnight, and four hours between the hours of twelve midnight and six a.m.
- A licensee shall at all times comply with the subscriber privacy provisions of 47 U.S.C. Section 551.
- No equipment shall be installed by the licensee for subscriber service without first securing a service request from the owner or resident of any private property involved, except in public utility easements.
- A licensee shall not originate or knowingly permit subliminal transmission at any time for any purpose whatsoever.
- A licensee shall provide a notice to each subscriber no less than thirty days prior to any change in the schedule of rates and charges for all available services.
- A licensee shall provide leased access channels as required under 47 U.S.C. Section 532. In the event that said federal provisions should cease to apply, the council reserves the right to promulgate other leased access requirements which shall apply, not to exceed those requirements specified in 47 U.S.C. Section 532.
- A licensee shall strictly adhere to the equal employment opportunity requirements of the FCC, 47 U.S.C. Section 554, state statutes and local regulations, and as the same may be amended from time to time.
- Cable System Construction Timetable.
- A cable system shall be constructed in accordance with the provision of the license agreement.
- It is the policy of the council to require construction of a cable system designed to serve subscribers in an area licensed by the council as rapidly and expeditiously as possible. The licensee shall immediately upon granting of the license agreement diligently pursue and obtain all necessary permits from the appropriate governmental agencies, utility companies and others as necessary to comply with the provision of this chapter and other federal, state and town laws, codes and resolutions. However, no construction shall begin until the notification requirements set forth elsewhere in this chapter are satisfied.
- A cable system shall be constructed pursuant to a construction timetable specified in the license agreement.
- Any delay beyond the terms of the timetable specified in the license agreement will be considered a violation of the terms of this chapter and the license agreement. Unless the licensee can establish that the delay was due to factors beyond its control, the licensee may be considered in default of the license agreement and the town manager may take whatever action the town manager is entitled to under this chapter and the license agreement.
- The licensee shall not be considered in default of the applicable construction schedule if the council approves a modification of the schedule change in advance. In submitting a request for a construction schedule modification, the licensee must fully explain the reasons for the delay, in writing. The delay must be disapproved by the council if it is not reasonably justified, would have unreasonably discriminating results or would unduly delay service to an area. Such a modification request shall be considered granted unless the licensee is notified by the council to the contrary in writing within forty-five days of the date on which the request was filed.
- The council may require a licensee to report on construction progress and provide information showing specifically whether the construction schedule is being met and the reasons for the delay. The town manager shall determine the format to be used for the report and the frequency of reporting.
- Where appropriate and reasonable, a licensee shall schedule construction activities to coordinate with any town construction on streets so as to avoid unnecessary inconvenience to the public.
- Line Extension Policy. Unless the license agreement provides otherwise, a licensee shall be required to extend its cable system pursuant to the following requirements:
- Upon reasonable request for service by any person located within any area of the town that meets density requirements of paragraph 2 of this subsection, the licensee shall, within ninety days, furnish the requested service to such person, unless prevented from providing said service due to factors outside licensee's control, such as permit restrictions, private easement considerations, etc. If such service has not been implemented within one hundred twenty days of said request, the council may impose liquidated damages for each day thereafter.
- The licensee must extend and make cable television service available to every unserved dwelling unit within any area of the town reaching the minimum density of at least thirty-five dwelling units per mile of plant as measured from licensee's nearest activated trunk or feeder line, whether the existing plant is aerial or underground, except that the licensee shall not be required to install cable where another authorized licensee has already done so. Licensee shall complete line extensions to an area reaching a density of at least five homes within 1,056 feet of existing active cable plant, or where an area has more than seven homes, at least one home per 151 street feet including the distance to existing active cable plant. Upon request, this density requirement may be modified by the council for a specific licensee, provided said licensee demonstrates that it would be commercially impracticable if licensee's compliance with said requirement would create a significant adverse impact on the capital costs of licensee's Queen Creek cable system.
- The licensee shall prevent unnecessary damage to streets and property by installing cables or conduits underground in new single family subdivisions at the same time and in the same trench as telephone, electric or similar services are installed. Given reasonable notice, the licensee shall install underground cable or conduit in all new subdivisions of five or more dwelling units within the service area at the same time and in the same trench as telephone, electric or similar services are installed. Cable need not be installed or activated until the new subdivision meets the criteria established for line extensions.
- The licensee must extend and make cable television service available to any resident requesting connection within the licensee's authorized service area at the regular installation charge if the connection to the resident would require no more than a one hundred twenty-five foot drop line, and provided that paragraph 2 of this subsection is met.
- With respect to requests for connection requiring a drop line in excess of one hundred twenty-five feet, the licensee must extend service to such residents at a one time charge not to exceed the actual costs incurred by the licensee for the distance exceeding one hundred twenty-five feet.
- Construction and Technical Standards. The following general requirements, which are not to be interpreted as imposing standards in excess of FCC imposed limits, apply to all licensees.
- In those areas and portions of the service area where the transmission and distribution facilities of the telephone company and the electric company are underground or later placed underground, the licensee shall likewise install its transmission facilities underground.
- In areas where facilities do not have to be underground, a licensee shall not erect any new poles along any street or public way of the town except as may be reasonably required or necessary to fill small gaps in the existing aerial utility systems and only then with the advance approval of the council.
- All television signals transmitted on a cable system must include any closed captioning information for the hearing impaired. Antennas, supporting structures and outside plant used in the system must be designed to comply with the recommendations of the Electronics Industries Association and applicable federal and local regulations on tower structures and outside plant.
- The licensee may perform at its expense any proof of performance tests designed to demonstrate compliance with the requirements of this chapter, the license agreement and the FCC. The town manager may require periodic proof of performance tests to be performed at the expense of the licensee. Upon request, the licensee must provide the test results promptly to the town manager.
- The licensee may advise the town manager when a proof of performance test is scheduled so that the town manager may have an observer present.
- A licensee may not design, install or operate its facilities in a manner that will interfere with the signals of any broadcast station, the electrical system located in any building, the cable system of another licensee, or individual or master antennas used for receiving television or other broadcast signals.
- Maintenance Specifications.
- The licensee shall construct, install and maintain its cable system in an orderly and workmanlike manner. The safety of the general public, the licensee's employees, the employees of the utility companies and all nearby property owners shall be a primary concern.
- All cables are to be installed, to the maximum extent possible, parallel with electric and telephone distribution facilities. Multiple-cable configurations shall be arranged in parallel and bundled to the maximum extent possible.
- As between licensee and the town, the licensee shall be solely and completely responsible for the actions taken by any contractor or other agent employed to construct or install the licensee's facilities on streets as well as on public or private property.
- The licensee shall give prior written notice, as set forth later in this article, of its intent to place underground facilities. Failure to provide such notice may subject a licensee to liquidated damages pursuant to Article 17-9 of this chapter or other enforcement sanctions.
- In addition, the licensee shall comply with all other town, state and federal laws and regulations which may be applicable to its operations.
- A licensee shall have available at all hours personnel capable of responding to emergency conditions requiring immediate repair to any facility owned by the state, county, town or the gas, electric and telephone utilities, as well as pipeline companies or similar industries. The licensee shall respond to normal requests for location of its facilities within forty-eight hours. The licensee shall be a member of the One Call Notification Center, or comply with state underground law, for its service area.
- In the event that licensee property, or the facilities and equipment of unauthorized cable communication providers, has been installed in a street or other dedicated public right-of-way without complying with the requirements of this chapter, or the license has been terminated, revoked or expired, or the use of any licensee property is discontinued for any reason for a continuous period of three months, licensee or any unauthorized cable communication provider, shall at its sole expense on the demand of the council remove promptly from the street all licensee or unauthorized cable communication provider property other than that which the council may permit to be abandoned in place. Upon such removal of subject property, licensee or unauthorized cable communication provider shall promptly restore the street or other public places from which the subject property was removed to a condition as near as possible to its prior condition. Subject property no longer in service may be left in place with the approval of and in a manner prescribed by the council. Upon abandonment of said property in place, licensee or unauthorized cable communication provider shall deliver to the council an instrument transferring ownership of the subject abandoned property to the town. Any cost arising from compliance with this provision shall be borne by the licensee or unauthorized cable communication provider.
- Use of Streets.
- A licensee must utilize, with the owner's permission, existing poles, conduits or such other facilities whenever possible. Underground street, sidewalk and driveway crossings not using existing conduits shall be bored unless specific council approval is received. A licensee may install its own poles only when approved by the council and subject to whatever reasonable terms the council requires.
- All transmission lines and other equipment must be installed and located to minimize interference with the rights and reasonable convenience of public and private property owners. The council reserves the right to issue such reasonable rules and regulations concerning the installation and maintenance of cable systems in the public rights-of-way, as may be consistent with this chapter, state and federal law.
- The licensee shall have at all times up-to-date route maps showing trunk and distribution lines. Licensee shall make all such maps available for review by the appropriate town personnel.
- Suitable safety devices and practices as required by town, state and federal laws, ordinances, regulations and permits must be used during construction and maintenance of a cable system.
- A licensee must remove, replace or modify at its own expense, any of its facilities within any public right-of-way when required to do so by the town manager to allow the town to change, maintain, repair, improve or eliminate a public thoroughfare. Nothing in this article shall prevent licensee from seeking and obtaining reimbursement from sources other than the town.
- A licensee must obtain any required permits before doing any excavation or causing disturbance to public thoroughfares or private property as a result of its construction or operations and must restore to their former condition such private property and public thoroughfares, the latter in a manner consistent with all applicable rules, regulations, resolutions or other town manager requirements relative to construction, repair or maintenance in public rights-of-way. If such restoration is not satisfactorily performed within a reasonable time in the opinion of the town manager, the town manager may, after prior notice to licensee, cause the repairs to be made at the expense of the licensee. The town manager may inspect ongoing construction and require a licensee to halt construction where the town manager finds the construction to be in non-compliance with the requirements of this chapter, the license agreement or a permit.
- Prior to commencement of underground construction a licensee must have complied with the following requirements:
- Have received a permit from the council for construction on public property or rights-of-way;
- Have requested and received clearance from utilities in the area of construction;
- Where new construction will be on private property or in public rights-of-way adjoining private property, have provided no less than seven days written notice by mail or hand delivered to all such property occupants. The notice shall include the name, address and toll-free phone number that the affected person may call for more information or to lodge a complaint.
- At the request of any person holding a valid building moving permit and upon sufficient notice, the licensee must temporarily raise, lower or cut its wires as necessary to facilitate such move upon not less than seventy-two hours advance notice. The direct expense of such temporary move must be paid by the permit holder, and the licensee may require payment in advance.
- System Services and Capability.
- The following minimum requirements for facilities and services apply to licenses. The council may require that a licensee exceed these minimum requirements. The town and all licensees realize that rapidly changing technological advances and related costs of same may allow for significant enhancements to the services offered during the term of any license agreement. License agreements may incorporate provisions for such enhancements as they become reasonably available to similar sized systems.
- Except as provided in the license agreement, a cable system must have a minimum capacity of fifty-four video channels available for immediate or potential use. Two-way capability may be designed into the system. Upon request, this minimum channel capacity may be modified by the council for a specific licensee, provided said licensee demonstrates that it would be commercially impracticable to comply with said requirement. A licensee shall have the burden of demonstrating, by clear and convincing evidence, that compliance with the minimum channel capacity would be commercially impracticable for its Queen Creek cable system.
- Standard installation and basic service to public buildings may be required without charge as set forth in the license agreement. Licensee may be required to make available, one service outlet to a conveniently accessible point in each municipal building and any other public building designated by the town manager. The installation charge to each occupant, if any, would not exceed licensee's direct cost (time and material). There may also be a minimum monthly service charge at the above locations.
- A licensee may design its system to allow the council to interrupt audio portions of the cable service in an emergency to deliver information to subscribers.
- A licensee must provide standby power for the head end so as to be able to operate some channels during a power outage for a minimum of six hours or as provided for in the license agreement.
- The council may waive minimum requirements for licenses where the applicant demonstrates that such waiver is in the public interest.
- The following requirements apply to access and community programming channels:
- Applications for a license shall include proposals for the provision of educational and governmental access channel sufficient to meet community needs during the term of the license as determined by the council. A licensee or applicant shall specify what grants, if any, it is willing to make for studio equipment and facilities to be used for local program production by all cable access users. Applicants are encouraged to include proposals for local origination programming by the licensee.
- All access channel operations must conform to the following minimum requirements:
- Access channels shall be carried on the licensee's lowest priced service offering.
- The license may require a licensee or other entity to manage the access channels and to establish reasonable rules for the use of access channels consistent with the requirements of this chapter and the intended purpose of such channels.
- The use of any educational access channel shall be made available free of charge to schools and other qualified educational institutions for the transmission of local educational programming.
- The use of any local government access channels shall be made available free of charge to the council for the transmission of government related programming.
- The licensee shall submit to the council on an annual basis a plan for publicizing access programs and access use.
- At the request of a licensee the council may promulgate rules under which channel capacity dedicated to access use may be used by the licensee when it is not being used for access purposes.
- A license shall include a provision for the licensee to provide channel capacity for community programming on terms and conditions specified in the license agreement.
- Interconnection.
- A licensee shall interconnect its cable system with other or all other systems located in the town, in nearby cities, or in the county upon the request of the council, where economically and technically feasible.
- Upon receiving the request of the council to interconnect, a licensee shall initiate negotiations with the other affected systems in order that technical details be resolved and costs may be shared on an equitable basis.
- Local Broadcast Channels.
Each cable system shall carry as part of the basic service local channels broadcast in its area as required and defined in current FCC regulations. In this regard, those parts of 47 C.F.R. Part 76 relating to carriage of local channel signals as existing, or as may be amended, shall apply and are incorporated herein by reference.
- Technology Review.
- The town and licensee shall meet at periods not exceeding three years or upon request of either to discuss changes in cable television laws, regulations, technology, competing services, the needs of the community and other factors impacting cable television. As a result of these discussions, this license may be modified by the town and the licensee to respond to the change in laws, regulations, technology, competing services, the needs of the community or other factors impacting cable television.
- If any of the following conditions occur, and upon written request of either licensee or town, the town manager and licensee agree to meet and discuss in good faith the terms of a mutually agreeable license amendment:
- Cable service similar to cable television service offered by licensee is provided by any entity using the streets and public ways, which is not subject to similar licensing requirements of the town.
- The Cable Act is amended to allow licensee to provide intrastate or interstate telecommunication and any regional Bell operating company to provide cable service.
- Any other significant event occurs, including but not limited to a final non-appealable order or judgement by a court of competent jurisdiction, which either licensee or town believes may impact the current terms and conditions of the license.
The purpose of the meeting and discussion is to use best efforts to reach mutually acceptable agreement for recommendation to the council for proposed council action within ninety days of such written request, on how to amend the license to relieve town or the licensee from any commercial impracticability, which arises from the condition in question. This provision shall not require that the license be amended, however it is intended to facilitate a process whereby the parties may reach a mutually acceptable agreement.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- Application Fee. Each application for a license to be granted under the authority of this chapter shall be accompanied by a non-refundable filing fee in the amount specified below, by certified or cashier's check made payable to the town. Non-refundable filing fees in the following amounts are required:
- For an initial license or renewal: $2,500.
- For consent to transfer or change ownership: $2,000.
- For license modifications:
- pursuant to 47 U.S.C. Section 545: $2,500.
- any other modification: up to $2,000.
- License Fee.
- In consideration of the fact the streets of the town will be used by a licensee in the operation of its cable system within the boundaries of the town and said streets are valuable properties acquired and maintained by the town at great expense to its taxpayers, and in consideration of the costs incurred by the town in regulating and administering each cable license, the licensee shall pay to the town no less than five percent of the licensee's gross annual revenue, from all sources attributable to the operations of the licensee within the licensed area. Adjustments for one-time fees paid may be considered.
- This payment shall be computed quarterly, for the preceding quarter, as of March 31, June 30, September 30 and December 31 of each year. Each quarterly payment shall be due and payable no later than thirty days after the relevant computation date. Each payment shall be accompanied by a financial report showing in detail the gross revenues of the licensee related to that quarter.
- Except as provided in paragraph 8 of this subsection, the payment required pursuant to this article shall be in addition to any other tax or payment owed to the town pursuant to any other applicable ordinance or chapter of the town code, regulation or law of the county, state or federal government.
- A license fee not received in full by the town within thirty days of its due date shall be deemed delinquent and subject to a late fee. The late fee for delinquent payment shall be five percent of the amount overdue plus interest at the rate of one and one-half percent per month, or parts thereof.
- Where the licensee fee is based on gross revenues, the licensee shall file, with each license payment, a statement of the gross revenues for the period on which the fees are based. Such a licensee must file within three months of the end of its fiscal year a statement of gross revenues for the preceding year, which is either audited or certified as accurate by an officer of the licensee. Any payment of license fees to adjust for a shortfall in the quarterly payments for the preceding year must be made not later than the filing date for the audited annual statement of gross revenues. Adjustments for any overpayment will be credited to subsequent quarterly payments. Interest and late charges (as specified above) will not be imposed for any payment necessary as a result of the yearly adjustment if the payment to correct the shortfall does not exceed ten percent of the total payments made during the preceding year. In the event such payment exceeds ten percent, the licensee is liable for interest and late charges for the entire amount due.
- The town manager shall have the right, upon reasonable notice, to inspect or audit during normal business hours a licensee's records showing the gross revenues and other relevant underlying data and information. Upon examination of such information, the town manager has the right to recompute any and all amounts paid under a license. Any additional amounts, due the town as a result of an audit and appeal process specified in the license agreement, shall be paid by the licensee within thirty days following written notice to the licensee by the council, which shall include a copy of the inspection or audit report. In the event that an inspection or audit results in additional monies owed the town in excess of five percent of the total paid, the licensee shall bear the total cost of the audit, and late charges and interest on the additional amount due.
- No acceptance by the council of any payment shall be construed as an accord that the amount paid is in fact the correct amount nor shall such acceptance of payment be construed as a release of any claim the council may have.
- There shall be allowed as an offset against the license fee due under this article any amounts licensee paid to the town during the prior quarter in privilege license (sales) taxes; provided, however, that there shall be no offset to the extent that licensee made payments of privilege license (sales) taxes on any gross income (within the meaning of the privilege license [sales] tax ordinance) which is not included in gross revenues under this chapter. The license shall provide for suitable procedures and methods for audit of this offset.
- Performance Bond.
- Within thirty days after the execution of the license agreement and prior to any construction work in the public right-of-way, the licensee shall file with the town manager a performance bond, or a letter of credit in a form acceptable to the town attorney, in the town's favor in the amount of fifty thousand dollars, or as specified in the license agreement. In the event that licensee fails to comply with any provision of this chapter or the license agreement, then there shall be recoverable jointly and severally from the principal and surety any and all damages or costs suffered by the town. These damages or costs shall include but not be limited to attorney's fees, cost of any action or proceeding and including the full amount of any compensation indemnification, cost of removal or abandonment of any property or other costs due and owing the town up to the full amount of such bond.
- At such time as ninety-five percent of planned construction in the town is complete, as specified in license agreement, the council may, at licensee's request, reduce or eliminate the performance bond requirement.
- The bond shall be issued by a surety company authorized to do business in the State of Arizona and shall be in a form approved by the town attorney, and contain the following endorsement:
"This bond may not be canceled, or allowed to lapse, until sixty days after receipt by the council, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." - The rights reserved by the council with respect to the bonds required are in addition to all other rights and remedies the council may have under this chapter, the license agreement or any other law.
- Irrevocable Letter of Credit.
- Within thirty days after written notification of the award of license by the council, the selected applicant shall provide the town manager a letter of credit from a financial institution licensed to do business in Arizona in the amount of ten thousand dollars, or as specified in the license agreement, as security for the faithful performance by licensee of all provisions of this chapter and compliance with all orders, permits and directions of any department of the town.
- The form and content of such letter shall be approved by the town attorney and contain the following endorsement:
"This letter of credit may not be canceled or allowed to lapse until thirty days after receipt by the town manager, by certified mail, return receipt request, of a written notice from the issuer of the letter of credit of its intent to cancel or not to renew."
In the event the letter of credit is insufficient to pay the town for any compensation, damages, penalties, costs or expenses owed it pursuant to this chapter or the license agreement, the licensee's performance bond may be drawn upon by the town manager for any amount due the town over and above the amount of the letter of credit. - Within fifteen days after written notice to licensee by the town manager that the town manager has withdrawn any amount from the letter of credit, licensee shall deposit or pay to the town manager a sum of money sufficient to restore such letter of credit to the original amount of ten thousand dollars, or as specified in the agreement.
- If a licensee fails to pay the town: any compensation within the time fixed by this chapter or the license agreement; any taxes due; or any damages, costs or expenses which the town incurs by reason of any act or default of the licensee; or if the licensee fails to comply with any provision of the license agreement which failure the town manager determines can be remedied or partially cured by demand on the letter of credit, the town manager may, following ten days notice to the licensee, withdraw from the letter of credit the amount so claimed by the town manager if within such period the licensee has not remedied the matter. The town manager shall immediately notify licensee of any such withdrawal, the date and amount.
- The rights reserved to the town manager with respect to the letter of credit are in addition to all other rights it may have under this chapter, the license agreement and any other law.
- Failure to maintain the letter of credit as required shall constitute a violation of the provisions of this chapter.
- Liquidated Damages.
All license agreements shall contain provisions for liquidated damages, in amounts as mutually agreed upon between the town manager and the licensee, for the licensee's failure to comply with various requirements of this chapter and the license agreement as specified below. All references to notices throughout this subsection shall be by certified or registered mail, return receipt requested.- For failure to substantially complete construction or line extensions as required, unless the council specifically approves a delay caused by the occurrence of conditions beyond the licensee's control, the licensee shall pay one hundred dollars per day for each day, or part thereof, the deficiency continues after licensee has been given notice of such deficiency and seven days within which to cure it pursuant to paragraph 8 of this subsection.
- For material failure to provide data, documents, reports and information in a timely manner as required, the licensee shall pay fifty dollars per day, or part thereof, that each violation occurs or continues after licensee has been given notice of such deficiency and seven days within which to cure it pursuant to paragraph 8 of this subsection.
- For material failure to test, analyze and report on the performance of the system following a request from the town manager to do so, the licensee shall pay twenty-five dollars per day for each day, or part thereof, that such noncompliance continues after licensee has been given notice of such deficiency and seven days within which to cure it pursuant to paragraph 8 of this subsection.
- Failure to substantially comply with the material provisions of Article 17-8 of this chapter, the licensee shall pay one hundred dollars per day for each day, or part thereof, that the violation continues after licensee has been given notice of such deficiency and seven days within which to cure it pursuant to paragraph 8 of this subsection.
- For substantial failure to remedy any other violation of the chapter or the license agreement within seven days of receipt of notice of each violation, the licensee shall pay one hundred dollars per day for each day, or part thereof, that the violation continues after licensee has been given notice of such deficiency and seven days within which to cure it pursuant to paragraph 8 of this subsection.
- For failure to substantially comply with reasonable orders of the town manager, the licensee shall pay fifty dollars per day for each day, or part thereof, that noncompliance continues after licensee has been given notice of such deficiency and seven days within which to cure it pursuant to paragraph 8 of this subsection.
- Liquidated damages will not be imposed by the town manager if the town manager finds that the failure of the licensee resulted from conditions beyond the licensee's control. Liquidated damages may be reduced or eliminated by the town manager if the town manager finds that the failure of the licensee resulted from excusable neglect. The licensee shall bear the burden of proof in establishing the existence of such conditions.
- Prior to assessing any of the liquidated damages set forth in this article, the town manager shall give licensee seven days written notice of its intention to assess such damages. In said notice, the town manager shall set forth, at a minimum, the following:
- amount to be assessed;
- factual basis for such assessment; and
- specific license provision alleged to have been violated.
Following receipt of notice set forth in this article, licensee shall have a seven day period during which time licensee and the town manager shall make reasonable efforts to resolve the dispute in question. Collection of liquidated damages by the town for any breach shall constitute the town's exclusive remedy for the period for which liquidated damages were collected. - The imposition and collection of liquidated damages as set forth above shall not prevent the town manager from pursuing other remedies for other violations of either the article or the license agreement for which liquidated damages have not been imposed and collected.
- Appeals.
- In the event that licensee contests the town manager's assessment of liquidated damages, or fails to respond to the above mentioned notices, within fourteen days the town manager shall convene an administrative hearing as specified in subparagraph a of this paragraph. Licensee may pay the fine, proceed with this hearing, or waive its rights to this administrative hearing and proceed directly to the public hearing before the council, as specified in subparagraph b of this paragraph.
- This shall be an administrative hearing, and licensee shall be afforded procedural due process, including an opportunity to be heard and to present evidence. Within fourteen days after the conclusion of such administrative hearing, the town manager shall issue a determination. In that determination the town manager may:
- find that licensee is not in violation of this chapter or the license agreement;
- find that licensee is in violation of this chapter or the license agreement, but that violation was with just cause and waive any penalty that might otherwise be imposed;
- find that licensee is in violation of this chapter or of the license agreement, take corrective action and foreclose on all or any appropriate part of the letter of credit or performance bond provided for elsewhere in this chapter;
- find that licensee is in material violation of this chapter and the license agreement and recommend the council declare the licensee in violation and terminate the license agreement, provided the council may take such action only after a public hearing as set forth in subparagraph b of this subsection.
- If a public hearing before the council is requested by licensee or is held pursuant to item 4 of subparagraph a of this paragraph, it shall be de novo and it shall convene within thirty days of the request thereof. Licensee shall be afforded full due procedural process, including without limitation, an opportunity to be heard and to present evidence. The council's decision, which shall include findings of fact and conclusions, shall be made not later than thirty days after the conclusion of the hearing. In that decision, the council may:
- find that licensee is not in violation of this chapter or the license agreement;
- find that licensee is in violation of this chapter or the license agreement, but that violation was with just cause and waive any penalty that might otherwise be imposed;
- find that licensee is in violation of this chapter or of the license agreement, take corrective action and foreclose on all or any appropriate part of the letter of credit and/or performance bond provided for elsewhere in this chapter;
- find that licensee is in material violation of this chapter and the license agreement and declare the licensee in violation and revoke the license agreement pursuant to Article 17-10.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- Termination.
The license shall terminate, upon the expiration of the term thereof, unless renewal is successfully applied for, per Article 17-11.
- Revocation.
- If a licensee is in material violation of this chapter or in default of the terms of its license agreement, the town manager may make written demand that the licensee come into compliance with said requirements within a reasonable period of time, as specified in Article 17-9. If the licensee is unwilling or unable to do so, the town manager may recommend the revocation, alteration or suspension of the license to the council, specifying the reasons for such action.
- A copy of any such recommendations shall be served by certified or registered mail, return receipt requested upon the licensee, and the licensee shall be given at least fourteen days notice prior to the date of a public hearing before the council to consider such action, and the licensee will be given an opportunity to present evidence and make arguments at such meeting.
- The council shall consider the recommendations, the response of the licensee, and hear from any other interested persons, and shall determine whether or not the licensee is in violation or default of its obligations and, if so, whether such failure was with just cause.
- If the council finds that the failure by the licensee was with just cause, the council shall direct the licensee to comply within such time and manner and upon such terms and conditions as are reasonable.
- If the council determines that the licensee's failure was without just cause, the council may declare the license revoked, altered or suspended. The council may provide a specified period of time for the licensee to come into compliance before the revocation takes effect.
- A license may be revoked, altered or suspended by the council on the following grounds, among others, and taking into account any ameliorating circumstances:
- Fails to comply with any material provision of this chapter or the license agreement.
- Makes willful false or misleading statements in any application.
- Engages in the practice of any fraud or deceit upon the town or subscribers.
- Fails to abide by the privacy provision of this chapter.
- Fails to make timely payment of any monies due the town pursuant to this chapter.
- Unless otherwise provided in the license agreement, fails to commence construction in the license area within three months and to commence basic service within six months from the effective date of the license agreement.
- Fails to file and maintain the bonds, insurance, records, failure to pay license fees or assessed property taxes.
- For repeated material failure to maintain service quality under the standards prescribed.
- Fails to restore service after forty-eight consecutive hours after notice to the licensee or interrupted service to the entire system, except when such interruption is beyond the control of the licensee.
- System Disposal.
In the event of termination or revocation of a license, the licensee involved shall offer to sell the cable system, at the fair market value, to a new licensee or applicant for a license. The fair market value shall be determined in accordance with generally accepted appraisal procedures. The original cost of all tangible and intangible property, as well as salvage value, book value, replacement cost, cash flow and other factors will be considered. Under no circumstances shall any valuation be made for any right or privilege granted by license. Should the licensee fail to negotiate a sale, as described above, the town may purchase the system at the fair market value for the purpose of leasing to a qualified operator until a buyer can be found, pursuant to the provisions of A.R.S. §9-509.
- Continuity of Service.
Licensee shall provide continuous service for the entire term of the license agreement to all subscribers and users in return for payment of the established rates, fees and charges. If licensee seeks to sell or transfer, or if the town revokes or fails to renew the license, licensee shall continue to operate the system as trustee for its successor in interest until an orderly and lawful change of operation is effected. This period of operation shall not exceed one hundred twenty days from the occurrence of any of the above events. Revenues accrued during that period of time shall be received by the operator. During such time, the cable system shall be operated under terms and conditions consistent with the most recent license agreement and this chapter.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- If a licensee decides to initiate a formal license renewal process in accordance with 47 U.S.C. Section 546, it must notify the council within thirty to thirty-six months prior to the license expiration date.
- In considering a renewal application, the council must consider whether:
- The licensee has substantially complied with the material terms of the existing license and applicable law;
- The quality of licensee's service, including signal quality, customer service complaint resolutions, billing practices (without regard to mix, quality or level of cable services) has been reasonable in light of community needs;
- The licensee has the financial, legal and technical ability to provide services, facilities and equipment set forth in its renewal proposal; and
- The licensee renewal proposal is reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests.
- If the council's assessment is that the license should not be renewed, the council may commence an administrative hearing in accordance with 47 U.S.C. Section 546.
- The provisions of 47 U.S.C. Section (a) - (g) notwithstanding, a licensee may submit an application for renewal in accordance with Section (h), which affords a cable operator the opportunity to submit a proposal for the renewal of a license at any time. The council may, after adequate public notice and comment, grant or deny such proposal.
- The renewal of a license does not become effective until any renewal fees have been paid by the licensee.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- Licensee shall not sell, transfer, assign, exchange or release, or permit the sale, transfer, assignment, exchange or release of more than forty-nine percent of the cumulative ownership of the system without prior written authorization from the council. For the purposes of this article, a merger or consolidation shall be deemed a transfer or assignment. The town manager shall be promptly notified in writing, within sixty days of the effective date of any such sale, transfer, assignment, exchange or release which constitutes more than five percent of the cumulative ownership of the system. Nothing in this article shall be deemed to prohibit a pledge or hypothecation or mortgage or similar instrument transferring conditional ownership of the systems assets to a lender or creditor in the ordinary course of business, unless such interest shall exceed seventy-five percent of the original cost or the fair market value, whichever is higher.
- No licensee shall sell, transfer, assign, exchange or release, or permit the sale transfer, assignment, exchange or release of more than ten percent of the cumulative ownership of the system, during the thirty-six month period commencing on final award to a licensee by the council, without expressed written consent of the council.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- The licensee shall at its sole cost and expense, indemnify, hold harmless and defend the town, its officials, boards, commissions, agents and employees by providing immediate defense with counsel approved by the council, against any and all claims, suits, causes of action, proceedings and judgments for damages arising out of construction, maintenance or operation of the cable communication system.
- The licensee, within thirty days after written notice of the granting of a license, shall provide the town with and maintain in full force throughout the term of the license agreement, insurance issued by a company duly authorized to do business in the State of Arizona, insuring with respect to the installation, construction, operation and maintenance of the system as follows:
- Comprehensive general and automobile liability coverage including, but not limited to, blanket contractual liability, completed operations liability, broad form property damage including but not limited to coverage for explosion, collapse, underground hazard and automobile non-ownership liability. This insurance shall be written in the following minimum amounts.
- Comprehensive general liability: $1,000,000 combined single limit, bodily injury and property damage
- Comprehensive automobile liability: $1,000,000 combined single limit, bodily injury and property damage
- Excess liability, covering all the above mentioned hazards, in the minimum amount of $4,000,000.
- Workers' compensation coverage as required by the laws and regulations of the State of Arizona.
- All insurance policies required herein shall include the town as a named insured party.
- Licensee shall be solely responsible for all premiums due and payable for insurance required herein. Licensee shall provide to the town a certified copy of the policies listed above.
- All insurance policies required herein shall be in a form approved by the town attorney and shall include a sixty day notice of cancellation or modifying endorsement.
- The provisions of subsection B of this article, in the discretion of the town, may be satisfied by proof of self-insurance.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- Inspection of Records. The council reserves the right during the term of the license agreement and during normal business hours and upon the giving of reasonable notice to examine, audit, review and obtain copies of licensee's contracts, engineering plans, accounting, financial data and service records relating to the property and operations of the licensee and to all other records required to be kept pursuant to this chapter. The review and copying of information should be subject to confidentiality protections and FCC privacy rules.
- Licensee Rules and Regulations. Copies of such rules, regulations, terms and conditions adopted by the licensee for the conduct of its business shall be provided to the town manager, upon request of the town manager.
- Town Manager. The town manager or his designee shall have responsibility for the day-to-day administration of cable communication operations within the town as governed by this chapter and the applicable license agreements. The town manager shall be empowered to take all administrative actions on behalf of the council except those actions specified herein which are reserved to the council or another town office or officer.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
- Non-Discrimination. Licensee shall not deny service, access or otherwise discriminate against subscribers, users or residents of the town. Licensee shall comply at all times with all applicable federal, state and town laws, rules and regulations, executive and administrative orders relating to non-discrimination and equal employment opportunities and requirements.
- Laws and Codes. Licensee shall comply fully with all applicable local, county, state and federal laws, codes, ordinances, rules and regulations.
- Cumulative Rights and Remedies. Except as specified herein, all rights and remedies of the town manager and the council in this chapter are cumulative and may be exercised singly or cumulatively at the discretion of the town manager or the council.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
Without limitation upon the rights which the council may otherwise have and subject to paragraph 9, subsection B of Article 17-7, the council does hereby expressly reserve the right to amend any article or provision of this chapter for any reason determined to be desirable by the council including, but not limited to:
- New developments in the state of technology of cable communications systems.
- Any changes in federal or state laws, rules or regulations.
HISTORY
Adopted by Ord. 156-99 on 6/16/1999
ARTICLE 18-1 FIRE PREVENTION AND PROTECTIONARTICLE 18-2 EMERGENCY SERVICE COST RECOVERYHISTORY
Repealed by Ord. 811-23 Section 18-3 on 5/3/2023
18-1-1 Fire Department Established; Authority And Duties18-1-2 Fire Department Response Outside Town Boundaries18-1-3 Enforcement; Annual Report18-1-4 Permits; Reviews And Inspections18-1-5 Modifications18-1-6 Conflicting Provisions18-1-7 On-Site Plans18-1-10 Explosives And Blasting18-1-8 Fireworks18-1-9 Violation; PenaltyHISTORY
Adopted by Ord. 497-11 on 5/18/2011
- There is hereby established for the Town of Queen Creek a Fire Department. The Fire Department shall be headed by the Chief of the Fire Department. The Chief of the Fire Department is hereby granted authority to enforce the provisions of this chapter and the Town’s adopted fire prevention code (the “Town of Queen Creek Fire Code” or the “Fire Code”). The Chief shall be responsible for the direction of all firefighting, fire prevention, and fire service activities of the Town and be responsible for planning and developing programs to protect the life and property in the Town from fire. The Chief shall be responsible for establishing departmental policies and rules necessary for the operation of the Fire Department. The Chief shall assign, appoint, and designate personnel and maintain training programs.
- The Chief of the Fire Department may designate members of the Fire Department as arson investigators who shall, while engaged in arson investigations in this State, possess and may exercise law enforcement powers of peace officers of this State provided that:
- The primary duty of arson investigators is the investigation, detection and apprehension of persons who have violated or are suspected of violating any provisions of A.R.S. title 13, chapter 17 (A.R.S. § 13-1701 et seq.) relating to crimes of arson; and
- Any individual designated as an arson investigator shall have law enforcement training under the provisions of A.R.S. § 41-1822.
- This subsection shall not be construed as granting any powers of peace officers of this State to arson investigators other than those necessary for the investigation, detection and apprehension authority as specifically provided herein.
- The Chief of the Fire Department shall appoint a Fire Marshal who shall perform the functions of fire prevention throughout the Town. The Fire Marshal is hereby granted authority to enforce the provisions of this chapter and the Town’s adopted Fire Code.
- The Fire Department shall be responsible for extinguishing fires and performing necessary public services of an emergency nature. The Fire Department shall also maintain effective operation of Fire Department communications.
- The Fire Department is hereby granted the authority to:
- Organize and maintain fire alarm and telephone systems, provide for the management and control of the same, for the appointment of superintendents thereof, also to erect and maintain suitable buildings, equipment and implements.
- Regulate or prohibit the manufacture, keeping, storing and using of powder, dynamite, gun cotton, nitroglycerine, fireworks and other explosive materials and substances.
- Regulate the storage of hay, straw, oil and other inflammable and combustible materials.
- Regulate the use of steam engines, gas engines, steam boilers and electric motors, and to prohibit their use in such localities as in the judgment of the Fire Marshal would endanger public safety or health; also to regulate the installation of gas and electric fixtures and appliances and to provide for proper inspection of same.
- Prescribe fire limits and determine the character and height of buildings that may be erected therein and the nature of the materials to be used in the construction, alteration or repair of such buildings or in the repair or alteration of existing buildings within such fire limits.
- Regulate the construction of and the materials used in all buildings, chimneys, stacks and other structures; and the construction and use of party walls; to prevent the erection and maintenance of unsafe or insecure buildings, walls, chimneys, stacks or other structures, and to provide for their summary abatement or destruction; to regulate the materials used in and the method of construction and location of drains and sewers, the materials used in wiring buildings or other structures for the use of electricity for lighting, power, heat or other purposes, and materials used in piping buildings or other structures for the purpose of supplying the same with water or gas and the manner of so doing; to prohibit the construction of buildings and structures which do not conform to such regulations.
- Require the owners and lessees of buildings or other structures to place upon or in them adequate fire escapes and appliances for protection against fire and for the extinguishment of fires.
- Prevent the construction and to cause the removal of dangerous chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers, apparatus and machinery used in any building in the Town; to regulate the carrying on of manufacturing liable to cause fire; to prevent the depositing of ashes, the accumulation of shavings, rubbish or any other combustible material in unsafe places, and to make all necessary provisions to guard against fires.
- Recover costs for services rendered within and without the Town’s corporate limits.
- Perform such additional duties and services as may be required by the Town Council.
- The Chief of the Fire Department and officers of the Fire Department, when at the scene of a fire or other emergency, may direct or assist peace officers in directing traffic there at or in the immediate vicinity.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
The Fire Department is hereby authorized to answer fire alarms, fight fires and provide emergency services beyond the corporate boundaries of the Town of Queen Creek whenever the Fire Chief, in his discretion, shall deem it necessary for the protection of lives and property. The Fire Department is authorized to charge Emergency Medical Equipment and Standby Personnel fees, and other charges for recovery of costs applicable when Town of Queen Creek firefighters, paramedics, and equipment are used to provide service outside the incorporated boundaries of the Town of Queen Creek.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
- The Fire Code, also referred to herein and within Chapter 7 of the Queen Creek Town Code as “This Code”, including all related technical codes and standards, amendments, rules and regulations for the technical codes, appendices and other building regulations adopted by the Town shall be enforced by the Fire Department of the Town, under the supervision of the Chief of the Fire Department.
- The Chief of the Fire Department may detail and assign such members of the Fire Department as fire prevention inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the Town Manager the employment of technical inspectors when necessary.
- A report on fire prevention activities shall be made annually and transmitted to the Town Manager, or more frequently as determined by the Chief of the Fire Department and Town Manager. It shall contain all proceedings under this chapter with such statistics as the Chief of the Fire Department may wish to include therein and recommendations of amendments to this chapter and the Fire Code.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
The Chief of the Fire Department, Fire Marshal, or designee, including designated fire code officials, are authorized to receive applications, review construction documents, conduct inspections and re-inspections, and issue certificates and permits, and stipulate conditions therefore. Permits shall not be issued when public safety would be at risk, as determined by the issuing fire code official(s).
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
The Chief of the Fire Department shall be authorized to determine the specific applicability of the Fire Code adopted by the Town when there are practical difficulties in carrying out the strict letter of the code, upon written application that a practical difficulty exists; provided, that the spirit of the Fire Code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Chief of the Fire Department thereon, shall be entered upon the records of the Fire Department, and a signed copy shall be furnished to the applicant.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
Nothing in the Fire Code adopted by the Town shall be construed to prevent the enforcement of other laws which prescribe more restrictive limitations, nor shall the permissive provisions of the Fire Code be presumed to waive limitations imposed by other statutes or ordinances of the Town or the State.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
Plans and specifications shall be submitted to the Fire Department for review and approval prior to construction. One set of Fire Department approved plans shall be on the job site for each inspection.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
Amended by Ord. 764-21 on 9/15/2021
Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within hazardous fire areas, except by permit issued by the Fire Marshal.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
- Fireworks shall not be used, possessed or sold in violation of this Chapter or Section 9-4-4 of the Town Code.
- Permits may be granted by the Chief of the Fire Department, Town Fire Marshal or designee for conducting a properly supervised public display of fireworks. Every such public display of fireworks shall be of such character and so located, discharged or fired, only after proper inspection and in a manner that does not endanger persons, animals, or property. A permit shall not be issued, and may be revoked, during time periods of high fire danger warnings. The Chief of the Fire Department, the Fire Marshal or his designee have authority to impose conditions on any permits issued, including, but not limited to, those requirements contained in A.R.S., Title 36, Article 1, the Fire Code adopted by the Town and any other applicable law. Permit conditions may include obligations by permittee for insurance, bonds and indemnity along with other measures.
- Liability for emergency responses related to use of fireworks.
- A person who uses, discharges or ignites permissible consumer fireworks, fireworks or anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, is liable for the expenses of any emergency response that is required by such use, discharge or ignition. The fact that a person is convicted or found responsible for a violation(s) of this Article is prima facie evidence of liability under this Section.
- The expenses of an emergency response are a charge against the person liable for those expenses pursuant to Subsection 1 above. The charge constitutes a debt of that person and may be collected by entities proportionately by the public agencies, for- profit or not- for-profit entities that incurred the expenses. The person’s liability for the expense of an emergency response shall not exceed $15,000.00 for a single incident. The liability imposed under this Section is in addition to and not in limitation of any other liability that may be imposed.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
Amended by Ord. 764-21 on 9/15/2021
- Additional offenses under this Chapter and the Fire Code are set forth in Article 9-4 of the Town Code.
- Except as otherwise specifically provided, enforcement and the penalties for violating any provision of this Chapter or the Fire Code are set forth in Article 9 of the Town Code.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
Amended by Ord. 764-21 on 9/15/2021
18-2-1 Short Title18-2-2 Findings18-2-3 Purpose And Intent18-2-4 Administration And Responsibility18-2-5 Definitions18-2-6 Emergency Service Cost Recovery18-2-7 Recovery Of Costs For Hazardous Waste Incidents18-2-8 Notice Of Responsibility And Service18-2-9 Appeal18-2-10 Method Of Collection18-2-11 Accounting For Costs Of Cleanup18-2-12 Use Of Costs Paid Or Collected18-2-13 Indemnity18-2-14 Effect Of Criminal Or Civil Proceedings On Cost Recovery Or Permit Issuance18-2-15 Professional Emergency Service Contracts18-2-16 Remedies And Non-Exclusive ChargesHISTORY
Adopted by Ord. 497-11 on 5/18/2011
This Article shall be known as the “Emergency Service Cost Recovery Ordinance”.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
The Town of Queen Creek is authorized to provide services relating to the protection of lives and property including, but not limited to, fire protection services, rescue services, emergency medical services, and hazardous material emergency response services.
The Fire Department can be called upon to provide fire-rescue services within and without the Town’s corporate limits.
These services include actions to mitigate injury to the public health, safety and welfare from fire, trauma, acute illness, hazardous conditions and other emergencies.
The expenses associated with providing these services can be substantial.
The Town Council of the Town of Queen Creek finds that the costs of providing some of the services of the Queen Creek Fire Department are an increasing burden on the Town of Queen Creek.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
It is the purpose and intent of the Town of Queen Creek to establish rates to cover costs of services which the Queen Creek Fire Department provides related to motor vehicle accidents, collisions, motor vehicle fires, motor vehicle extractions, technical rescue incidents, hazardous materials spills or discharge, wildland fires, non-permitted burns, incidents caused by negligence and/or willful disregard for established fire and life-safety codes including but not limited to utility line, and other emergency incidents within and without the Town’s corporate limits.
The Town of Queen Creek provides services to the community funded through the General Fund by tax revenues. Reimbursement may be sought for the increased costs of providing such services, whenever practicable, from parties who, by reason of neglect or malfeasance, cause incidents requiring police, fire and rescue services, or cause increased costs to the Town for gaining compliance with municipal ordinances. Cost recovery is a mechanism whereby these costs may be levied upon responsible parties, rather than the taxpayers of Queen Creek. To accomplish this, the Town of Queen Creek hereby establishes a cost recovery procedure in this article.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
The administration of this article is under the direction of the Town Manager and Fire Chief, and by delegation, the finance director. Each department manager is responsible for tracking costs associated with cost recovery under their respective supervision and forwarding cost recovery invoices, calculations and documentation to the finance director, Fire Chief and Town Manager.
The Town of Queen Creek shall, at its sole discretion, determine whether or not town resources and/or personnel are available for reimbursable services. Furthermore, all persons responsible for the enforcement or application of this article, shall not be liable for any damage or injury to persons or property arising out of or relating in any way to the application or enforcement of this article.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
“Cost(s) or Charge(s)” shall mean to include, but not be limited to, Town charges and expenses for emergency personnel salaries and costs and expense of incidents connected to: emergency incidents, hazardous material incidents, malicious incidents, motor vehicle collision, non-permitted burns, nuisance incidents, which are determined by the Fire Chief or as contained in the applicable Queen Creek fee schedule.
“Emergency Incident” shall mean to include, but not be limited to, those incidents that require fire, rescue and/or medical response in an immediate fashion, following established emergency response protocols, and includes, but is not limited to: hazardous material incidents, malicious incidents, motor vehicle collisions, non-permitted burns, nuisance incidents, technical rescue events, wildland fires and any other type of incident listed or designated in this article or designated by the Fire Chief.
“Expense of Incident” or “Incident Expense” means the costs and charges incurred by the Town of Queen Creek in making an appropriate emergency response to an incident. It consists of all costs directly arising because of the particular incident, including, but not limited to the actual costs and charges of providing police, firefighting, hazardous material incident management, rescue and emergency medical services at the scene of the incident, as well as the actual salaries and fringe benefits of the emergency personnel responding to the incident. Recoverable costs also include the actual costs for damage or destruction to Town of Queen Creek property, any utility or service charges to the Town from other public agencies resulting from the incident, and the actual cost of medical treatment for any Town personnel injured during the response.
“Emergency Personnel” means personnel who are employees of the Town of Queen Creek Fire Department during their involvement in an emergency or non-emergency incident/event.
“Hazardous Material Incident” means those incidents, including but not limited to emergency incidents, involving the release, or threatened release or exposure, of hazardous substances as defined in this article and/or any product that could prove a danger to health or the environment.
“Intentionally Wrongful Conduct” means conduct intended to injure another person or property.
“Malicious Incident” means those incidents, including emergency incidents, which stem from an individual’s intentional purpose to cause property damage, endanger lives, and/or cause the response of emergency personnel for other than an actual emergency.
“Motor Vehicle Collision” means incidents, including emergency incidents, involving one or more motorized vehicles including cars, trucks, buses, planes, helicopters, trains, motorcycles, and the vehicles and trailers being pulled by motorized vehicles.
“Non-Emergency Incident” means those incidents which allow for fire, rescue and/or emergency medical response in a less urgent fashion, following established non-emergency response protocols.
“Non-Permitted Burns” means the intentional disposal of debris without the oral and/or written permission from the Fire Department.
“Nuisance Incident” means those incidents that are of the same nature, on a repetitive basis, at the same location, due to lack of servicing to mechanical and/or electrical equipment of an emergency system, or the failure to correct a previously documented fire hazard, or false reporting of an emergency incident or any other fire department response that is deemed unnecessary by the Fire Chief, including but not limited to false alarms caused by carelessness.
“Responsible person” or “responsible party” within this article means any person or party:
- Who, by law is liable or made responsible for the payment to a governmental agency of its costs and expenses in providing police, fire, rescue and related emergency services;
- Whose negligence or intentionally wrongful conduct proximately causes an emergency incident affecting public health or safety which necessitates an emergency response or rescue effort by a governmental agency to deal with or prevent injury to persons or damage to property;
- Any person who is indebted to the Town by virtue of a duty, charge, cost, statutory duty, statutory obligation, statutory liability, tax or revenue imposed by law or ordinance; and
- If a responsible party is a minor, the parent or guardian of that minor shall be jointly and severally liable with the minor for the expense of an emergency incident, as allowed by law.
“Person” or “Party” means any individual or group of individuals; or association, company, corporation, firm, organization, or partnership, singular or plural, of any kind; or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.
“Technical Rescue Event” means incidents that require rope rescue, confined space rescue or technical rescue services and/or extraction.
“Special Event” means those non-emergency events that occur within and/or outside the Town limits that require the presence of Emergency Personnel employed by the Fire Department, or as requested by the owner of the involved property or event coordinator.
“Wildland Fire” means any outside fire involving general natural combustible materials, other than permitted burn, with no restriction concerning area involved, or size of any damaged area.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
- The Town of Queen Creek and the Queen Creek Fire Department may recover costs, charges and expenses of incidents connected to emergency incidents. A responsible person or party shall be liable to the Town for all incident expenses, as described in this article or as designated by the Fire Chief, connected to emergency incidents and the following listed incidents or services:
- Each person who is under the influence of an alcoholic beverage or any drug, or their combined influence, and whose negligent operation of a motor vehicle, boat, vessel, or aircraft caused by that influence proximately causes any incident resulting in an emergency incident, or whose intentionally wrongful conduct proximately causes any incident resulting in an emergency incident shall be liable to the Town for the expense of that emergency incident, not to exceed $2500.00 (twenty five hundred dollars), or any higher amount as may from time to time be established by law.
- The expense of hazardous material incidents, including expenses for the containment, confinement, clean-up and/or mitigation of hazardous substances, releases and threats of release or exposure as defined in this article.
- The expense of emergency incidents for fire suppression activity from a responsible party for the intentional setting of fire or the spread of fire to adjoining properties, or for fire suppression costs on occupied or mortgaged property against which a current, uncorrected notice of violation of a fire hazard has been issued.
- The expense of emergency incidents for the rescue or medical treatment, or both, of persons placed in jeopardy or injured by the negligence or intentionally wrongful conduct of a responsible party.
- The expense for injury to public safety personnel, or for damage to public property.
- Emergency incidents outside the Town of Queen Creek limits may be invoiced to the property owner(s) and person(s) receiving assistance from the Fire Department.
- Malicious Incidents may be invoiced to the responsible party(s).
- Motor Vehicle Collisions where extrication is performed may be invoiced per occurrence. In the event multiple vehicles are involved the costs, responsibility shall be joint and several among all responsible parties and persons.
- Motor Vehicle Collisions may be invoiced to the responsible party(s).
- Non-Emergency incidents may be invoiced to the responsible party(s).
- Non-Permitted Burns may be invoiced to the responsible party(s).
- Nuisance Incidents may be invoiced per occurrence to the responsible party(s).
- Permitted Burns that become out-of-control, as determined by the Fire Chief, due to negligence may be invoiced to the responsible party who was issued the permit.
- Special Events services.
- Technical Rescue Events may be invoiced to the responsible party(s).
- Wildland Fires caused by negligence may be invoiced to the responsible party starting the fire.
- Cost rates shall be invoiced at the determined rates for each resource, supplies, equipment, apparatus and personnel. The Town Council by separate resolution shall adopt a schedule of rates as described in this article and the Fire Chief shall have concurrent authority to designate incidents and services to be charged responsible parties and determine the rates therefore.
- After review by the Fire Chief and Town Manager, the director of finance may charge the expense defined in this article to each responsible party or person. Each responsible party or person is jointly and severally responsible for all expense defined under this article. The charge constitutes a debt to the Town of Queen Creek, and may be collected by the Town in the same manner as in the case of an obligation to a municipality under a contract, expressed or implied.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
- The Fire Chief is authorized to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into any property or facilities within the Town, including but not limited to hazardous material incidents described in this article. The following described persons shall be jointly and severally liable to the Town for the payment of all incident expenses incurred by the Town as a result of such cleanup or abatement activity:
- The person or persons whose negligent conduct or willful conduct or omission proximately caused such release, discharge or deposit;
- The person or persons who owned or had custody or control of the hazardous substance or waste at the time of such release, discharge or deposit, without regard to fault or proximate cause; and
- The person or persons who owned or had custody or control of the container which held such hazardous waste or substance at the time or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause.
- In the event that any person undertakes, either voluntarily or upon order of the Fire Chief or other city official, to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into any property or facilities within the Town, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in subsection A of this section shall be liable to the Town for all costs incurred as a result of such supervision or verification.
- The expense of an emergency response to any spill or release of a hazardous substance, as hereinafter defined, which poses a significant present threat or potential hazard to human life, property or environment, shall be a charge against the person or entity whose conduct, or that of its employees, agents or contractors, caused or permitted the incident resulting in the emergency response. Said charge shall constitute a debt that is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under contract.
- For the purposes of this subsection, costs incurred by the Town shall include, but shall not necessarily be limited to, the following: actual labor costs of Town personnel, including benefits and administrative overhead; cost of equipment operation; cost of any contract labor and materials. The charge for an emergency response shall be imposed in accordance with a schedule of fees, pursuant to the recommendation of the Chief of the Fire Department and Town Manager, adopted by resolution of the Town Council for the Town of Queen Creek, as it may from time to time be amended. Implementation of such an assessment procedure shall not be the exclusive remedy of the Town for recovery of such costs. The authority to recover costs under this subsection shall not include actual fire suppression services which are normally or usually provided by the Fire Department.
- The cost imposed pursuant to this section shall be reasonably commensurate to the verifiable costs involved in emergency response to and/or prevention, abatement, mitigation or confinement of spills or releases of hazardous substances within or beyond town limits.
- The Chief of the Fire Department or his designee shall determine the verifiable costs of the town for emergency response to hazardous substance spills or releases and shall use such costs to develop a cost recovery schedule of applicable charges necessary to recover town costs for such emergency responses. Said schedule shall be the basis for the Fire Chief's recommendation to the Town Manager and Town Council of the Town of Queen Creek.
- Payment of any charge hereunder shall not relieve a person or entity, its employees, agents or contractors from compliance with any other applicable law, rule or regulation.
- For purposes of this section 18-2-7 a hazardous substance shall be defined as any material that is identified in:
- The Code of Federal Regulations, Title 49, Section 171.8;
- Hazardous wastes such as any chemical, compound, mixture, substance or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the State to be ―hazardous waste as defined in 40 Code of Federal Regulations Section 261.1 through 261.33, as and if amended, except that, for purposes of this ordinance hazardous waste shall include household waste as defined in 40 Code of Federal Regulations Section 261.4B.1.
- Code of Federal Regulations, Title 40, Section 261.31—261.33; or
- Any substance which is known by the business handling it to be likely to pose a significant present or potential hazard to public health, safety or the environment.
- A material may be added to the list of hazardous substances as defined in section (H) hereof, upon a finding by the Fire Chief that the material, because of its quantity, concentration or physical or chemical characteristic, poses a significant present threat or potential hazard to human life, property or the environment if released into the community.
- An emergency response shall be defined as a response by a city department or agency to prevent, abate, mitigate or confine a spill or release of a hazardous substance within or without the Town’s corporate limits in order to protect human life, property or the environment from a significant present threat or potential hazard.
- A release or spill shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, burning, dumping or disposing into the environment and/or community.
- Any person or entity, its employees, agents or contractors who causes, permits or is responsible for a spill or release of a hazardous substance within the town limits, upon notification of the same, shall immediately cease all activities causing or likely to cause reoccurrence or continuation of such spills or releases and shall not resume such activities unless and until so directed by the Fire Chief or his designee.
- No person or entity, its employees, agents or contractors shall dispose of or store any hazardous substance on public property, except under direction of the Fire Chief or his designee.
- The remedies provided by this section shall be in addition to any other remedies provided by law.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
Any notice given for any purpose under this article (“Notice(s) of Responsibility”) shall be provided, in writing, to the responsible person or responsible party. Invoicing for costs under this article in connection with Notices of Responsibility shall contain, at a minimum, the date on which services were rendered by the Fire Department, the due date for payment of the invoice, the mailing address for payment, an explanation of the services provided, and the cost of rendered services.
Notice given for any purpose under this article shall be deemed received on the date when written notice is personally served in the same manner as provided by the Arizona Rules of Civil Procedure or mailed certified mail return receipt requested. If notice is served by certified mail, the notice shall be mailed to the last known address of the responsible person or party or the responsible person’s or party’s statutory agent. In the event that the post office address of the responsible person or party is unknown or if the responsible person or party cannot reasonably be reached by mail, the town may publish such notice in the newspaper used by the town for one publication, and such service shall be complete and shall have the same effect and force as if personally served upon such responsible person or party.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
Any responsible party, responsible person or person otherwise responsible for costs who disagrees with the Notice of Responsibility and/or costs invoiced under this article may appeal to the Town Manager by filing a written request with the Town Manager and Town Clerk no later than 15 days after receiving the Notice of Responsibility. The written appeal shall provide the reason for the appeal and describe the specific relief that the petitioner is seeking. The Fire Chief shall review the request and prepare a recommendation within 15 days. Upon receipt of the Fire Chief’s recommendations, the Town Manager shall notify the petitioner, in writing, of the date, time and location of the hearing on the appeal. The Town Manager may affirm, vacate, or modify the Notice of Responsibility, including the charges connected thereto. The Town Manager may extend the time for payment for a reasonable period of time. If no timely statement of appeal is properly made, then the Notice of Responsibility, including charges, becomes final when the time for appeal lapses. The town is authorized to record the Notice of Responsibility and connected calculation of charges with the appropriate County Recorder’s Office.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
The Town Manager shall be authorized to collect the amount of charges imposed pursuant to this article in the same manner and method as delinquent utility bills and taxes. The Town shall be empowered to maintain proceedings in a court of competent jurisdiction to collect the amount of charges authorized by this article, including costs, expenses and attorney’s fees in the same manner as municipal taxes. If delinquent, the amount of the charges, costs, expenses and fees shall be subject to the same penalties and the same procedure for foreclosure on property as are provided for municipal taxes.
- Whenever charges for cost recovery are not paid within a reasonable time following demand, the Town Manager and the Town Attorney, as applicable, are authorized to prosecute the claim to judgment in an appropriate court with jurisdiction and to take any other action appropriate for collection.
- The Town Attorney is authorized to collect any amounts due by civil or administrative action or both, together with all costs incurred in the collection of that indebtedness after demand for payment has been refused.
- Recovery of costs for emergency incidents is in addition to any separate right of the Town to recover costs and damages from a responsible party whose negligence or wrongful conduct causes damage or injury to public property or personnel, or both.
- The Town Manager, Fire Chief and Town Attorney are authorized to intervene or join in any action or proceeding, or initiate proceedings, connected to the costs and charges set forth in this article or pursuant to any other applicable law allowing for the recovery of costs of services.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
A public safety official shall keep a record of costs incurred in connection with response, cleanup, disposal and directly related administration of cleanup of emergency incidents. This documentation shall be regularly distributed to the Town Manager, Fire Chief and finance director.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
Any and all costs paid or collected pursuant to this article shall be deposited by the finance director in a public services revolving account. The public services revolving account within the town’s general fund is established, consisting of monies collected from payments levied under this article and such other funds as the Town Council may deem appropriate. The finance director shall administer the account. All costs paid or collected pursuant to the article that are deposited in the public services revolving account shall be designated for the Fire Department expenditures approved by the Town Council.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
Any person who requests emergency action, and any responsible person shall defend, indemnify, save and hold harmless the Town, its elected officials, officers, employees and agents, (collectively the Indemnitees) for, from and against any and all claims, demands, losses, damages, suits, actions, liabilities, fines, charges, penalties, obligations, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and cleanup actions of any kind, all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees and professional, expert or consultant fees (including, but not limited to, such expenses incurred in any attempt to enforce this indemnification provision and the cost of appellate proceedings(“Claims”), which may arise out of, in connection with, resulting from or related to in any manner, directly or indirectly, in whole or in part, out of any emergency incident.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
The initiation of administrative or civil proceedings for cost recovery does not bar the criminal prosecution of a responsible party for the associated violation. Similarly, criminal prosecution does not bar administrative or civil collection for cost recovery for the violation giving rise to the criminal prosecution. The existence of an issued permit shall not bar civil or criminal enforcement proceedings.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
The Fire Chief and Town Manager without compliance with formal contract bidding requirements may enter into professional emergency services agreements with qualified, licensed “HazMat” service providers for emergency abatement of hazardous materials incidents. Such providers shall be selected on the basis of quoted services rates, qualifications and availability.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
The remedies provided in this article are not exclusive or in lieu of any other rights and remedies that the town may have at law or equity. The foregoing charges of this article shall not be the exclusive charges that may be made by the Town for the cost and expense of emergency services, but shall only be supplemental thereto. Additional charges may be collected by the Town pursuant to any other law, including, but not limited to, general taxation, fees, other cost recovery rights and special assessment.
HISTORY
Adopted by Ord. 497-11 on 5/18/2011
ARTICLE 19-1 SPECIAL EVENTS PERMITTING19-1-1 Definitions19-1-2 Permit Required19-1-3 Permit Requirements19-1-4 Permit Conditions19-1-5 Violations19-1-6 Revocation19-1-7 Penalties19-1-8 AppealsThe following words, terms, and phrases, when used in this Article, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning:
"Applicant" is a person who applies for a permit pursuant to this Chapter and who, upon approval of the application, will be the permittee.
"Block Party/Neighborhood Event" is an organized neighborhood or public gathering held on a public or private street at a specified date, time, and location, for social purposes. The gathering is limited to the residents of the immediate neighborhood, involves the use of a public street for the event, and includes a request for a road or street closure.
"eProval" is the electronic software platform used by the Town to manage, process, and track special event permit applications and related approvals pursuant to this Chapter.
"Event Organizer" is any person who conducts, managers, promotes, organizes, aids, or solicits attendance at a special event. An event organizer may act on behalf of the applicant and/or permittee.
"Fee" is any applicable charge or assessment set forth by the Town Council.
"Non-Permitted Special Event" is an event for which a special event permit was required, but not obtained.
"Permit Administrator" is the designee assigned to supervise and oversee the special event permitting process. The permit administrator may designate another Town employee on the permit review committee to act on their behalf during their absence or when otherwise necessary.
"Permit Review Committee" is an interdepartmental group of designated Town employees responsible for the coordinated evaluation of special event permit applications. The committee is composed of representatives from various Town departments and division with subject matter expertise relevant to the event review process. Its purpose is to ensure that proposed events comply with applicable laws, policies, safety standards, and operational considerations. Members of the permit review committee may include, but are not limited to, representatives from the following areas: Parks and Recreation, Streets and Transportation, Police Department, Fire and Medical Department, Engineering and Public Works, Economic Development, Code Enforcement, Planning and Zoning, Legal, and Town Management or Administration. The committee reviews applications to assess impacts on public safety, infrastructure, traffic, community resources, and overall feasibility, and may recommend conditions for approval or denial of permits based on their professional evaluations.
"Permittee" is the person who applied for a permit pursuant to this Chapter and in whose name such permit was issued by the Town pursuant to this Article.
"Person" is an individual, firm, partnership, joint venture, association, corporation, any other group or combination acting as a unit, or any other entity of whatever kind or nature.
"Public Safety Services" is any services provided by the Town's Police, Fire and Medical, Parks, or Traffic Departments which may be impacted by the special event.
"Special Event" is an intermittent event, no more than four (4) consecutive days, held on public or private property (indoors, outdoors, or a combination thereof), that is inconsistent with the zoning, authorized, or approved use of a particular property.
"Special Events Permit" is the written authorization from the Town allowing a person, promoter, event organizer, and/or applicant to hold a special event pursuant to this Chapter.
"Temporary Use Permit" is a mechanism by which the Town may allow a use to locate within the Town of a short-term basis and by which it may allow a seasonal or transient uses not otherwise allowed. If a "special event" will cover more than four (4) consecutive days (excluding event set-up and dismantling) or if the event has been held more than four (4) times int he same calendar year at the same location, the applicant will be required to obtain a temporary use permit through the Town's Development Services Department.
"Tournament Event" is an organized competitive event held on a specified date, time, and location, involving individual participants or teams competing in one or more games, matches, or contests. The event may be open tot he public or limited to a specific group of participants; take place at public venues, including fields, courts, or other designated areas; and require the need or use of Town resources, such as field preparation, extended lighting, staff support, or other services.
"Town" is the municipal government of the Town of Queen Creek, including its departments, agenda, and authorized representatives, responsible for the administration and enforcement of this Chapter.
"Town Property" is that portion of any property, facility, structure, street, alley, path, lane, multiuse trail, sidewalk, facility, park, retention basin, wash, active play area, improvement, or other area as defined in Chapter 15, that is owned, leased, operated, maintained, or managed by the Town, or is otherwise open tot he Town for providing Town services.
HISTORY
Adopted by Ord. 876-25 on 10/15/2025
- In addition to any other permits, licenses, taxes, or requirements set forth in this code or the Zoning Ordinance, a permit may be required to conduct any of the following special events or activities within the Town:
- Any gathering, celebration, event, or activity that is held on Town property which may not be specifically authorized or otherwise approved for such use on a permanent basis.
- Any gathering, celebration, event, or activity taking place on private or Town property that would impact or disrupt traffic flow on public roadways or public access in or near the proposed location or along the event route.
- Any gathering, celebration, event, or activity taking place on private or Town property which requires a state-issued license as outlined in A.R.S. § 4-207.03 (Temporary Extension of Premises) or A.R.S. § 4-203.02 (Special Event License).
- Any gathering, celebration, event, or activity that is held in or on a property, space, facility, building, or structure in a manner that deviates from the permitted use, zoning, or appropriate International Building Code (IBC) occupancy classification.
- Any activity taking place on Town or privately owned property used as a public gathering place that involves a substantial deviation from the current land use designation or legal nonconforming use.
- A block party or neighborhood event as defined in this Article.
- A tournament event as defined in this Article.
- Any gathering, celebration, event, or activity that requires a level of public safety personnel or resources that would interfere with the normal or routine operations of the Town's public safety services.
- Any gathering, celebration, event, or activity taking place on private or Town property, which is open to the public and includes the use of fireworks, pyrotechnics, or other fire features.
- Any gathering, celebration, event, or activity taking place on private or Town property, which is open to the public and includes the use of amplified sound.
HISTORY
Adopted by Ord. 876-25 on 10/15/2025
- A permit is only valid for the specific location, date, time and special event for which the permit was issued. A permit is non-transferable and non-assignable. Any attempted transfer or assignment will void the permit, and all fees paid will be forfeited.
- A permit alone does not guarantee approval or use of the facility or property being requested. Events held on Town property requires a separate reservation permit obtained through the Parks and Recreation Department. Events held on private property require approval from the property owner.
- Each special event permit application received less than the required submission timeline prior to the earliest date of the proposed event, as established in this Article, may be subject to a late fee in an amount established by the Town Council by resolution. The Town may refuse to accept or approve any special event application submitted less than 30 days prior to the earliest date of the proposed event.
- For all special events, except a block party/neighborhood event or tournament event as defined in this Article, the applicant shall submit their application through the eProval software at least sixty (60) days before the scheduled starting date of the event of activity.
- For a block party/neighborhood event, as defined in this Article, the applicant shall submit their application through the eProval software at least fourteen (14) days before the scheduled starting date of the event or activity.
- For a tournament event, as defined in this Article, the applicant shall submit their application through the eProval software at least thirty (30) days before the scheduled starting date of the event or activity.
- Applications submitted after the required time period may be accepted, but an expedited fee may be required as established by the Town Council.
- An application must include all information outlined int he applicable manuals, including the special events application manual, the tournament application manual, the block party application manual, and any other manuals produced by the Town, as well as all required information entered into the Town's online eProval system. The Town may request additional information from the applicant as necessary to evaluate the application. Such information must be provided by the applicant in a timely manner to avoid delays in the review process.
- The Town will determine whether insurance is required for a special event. If required, the applicant must obtain insurance from and insurance company duly licensed by the State of Arizona, naming the Town as an additional insured in amounts as required by the Town. The specific policy form, limits, and endorsements must reflect the type of activity anticipated by the license and must be approved by the Town prior to issuance of a special event permit.
- The Town will determine if an indemnification agreement is required for a special event. If required, the agreement may include any of the following conditions:
- The applicant assumes full responsibility and liability for and indemnifies, defends, and holds the Town harmless against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the holding of the special event, including the preparation, set-up, holding and closeout; and/or
- The applicant assumes full responsibility and liability for and indemnifies, defends, and holds the Town harmless against all expenses incurred by the Town for public safety, sanitation and transportation personnel and resources required to preserve public order and protect public health, safety and welfare, together with any other expenses or costs that the Town may incur as a result of the special event; and/or
- The applicant assumes full responsibility and liability for and indemnifies, defends, and holds the Town harmless against all charges, expenses, and costs, including the Town's legal department services, incurred on account of or by reason of any such injuries, damages, liability, claims, suits, or losses, and all damages growing out of the same.
- The Town may require a surety bond and payment for Town resources.
- The permit administrator shall send the permit applications and other pertinent material to other Town departments that could be affected by the proposed special event or activity. Such departments may recommend to the permit administrator that the permit be issued only after the applicant has met, at their own cost, specific stipulations, including but not limited to any of the following:
- Hiring a stated number of public safety and/or security personnel.
- Erecting security fencing or approved security barriers.
- Acquiring and providing an official traffic control plan (TCP).
- Providing adequate parking for the duration of the special event.
- Agreeing to pay for any anticipated or unforeseen costs associated with the special event, that are reasonably assessed by the Town after the event, for items such as clean-up costs or charges to public safety requirements.
- Applying for and receiving all other necessary permits and approvals.
- Providing appropriate fire protection measures.
- Providing other measures to safeguard the health, safety, and welfare of the public.
- Providing proof of insurance if requested by the Town.
- Providing an indemnification agreement if requested by the Town.
- Providing a surety bond if requested by the Town.
HISTORY
Adopted by Ord. 876-25 on 10/15/2025
- The following conditions and prohibitions are applicable to every special event:
- A permittee and every vendor must conduct the business of a special event in compliance with all applicable federal, state, county, and local laws, including Chapters 7, 8, 8A, 9, 10, 11, 12, 14, and 15 of this Code.
- A special event must not unreasonably interfere with or detract from the promotion of public health, safety, or welfare and must not cause undue hardship on nearby residents or businesses.
- A special event must not create or result in unsafe or dangerous conditions for attendees or members of the public, as reasonably determined by the permit administrator, such as substantial interruptions to the safe and orderly movement of traffic, inadequate security or crown control, inadequate parking control measures, inadequate restroom facilities or trash receptacles.
- A special event must not incite violence or crime.
- The permittee and attendees of a special event must not engage in conduct that would constitute disorderly conduct under A.R.S. § 13-2904, as amended.
- A special event must not interfere with the operations of a police department, fire department, or other emergency personnel.
- A special event must not interfere with Town maintenance or construction.
- A special event must comply with the noise regulations of the Town Code as outlined in Article 9-6 unless an exemption is obtained.
- A special event must comply with the fire regulations of the Town Code as outlined in Chapter 18 of this Code.
- A special event must comply with the Town's Zoning Ordinance and associated use permits.
- A permittee and special event must comply with all conditions of approval of the license and must not materially deviate from the approved plans and specifications for the special event.
- The Town may deny a special event permit for any of the following reasons:
- The application was not submitted within the prescribed time period(s).
- The proposed date or location conflicts with a previously scheduled event or activity, including overlapping or adjacent use of space.
- The event date falls within a period subject to a Town-imposed moratorium, such as holidays or other restricted periods.
- The proposed site is unsuitable or unavailable for the planned event due to reservation, maintenance, or other operational constraints.
- The application is incomplete, contains material falsehoods or misleading information, or the applicant made false or misleading statements during the application process.
- Required fees or charges have not been paid in full as established by the Town Council.
- The applicant or affiliated party has previously caused damage to Town property, failed to pay outstanding Town debts, or has a documented history of violations, including citations or police responses related to prior events.
- The applicant was convicted of a crime involving moral turpitude within the past ten (10) years.
- The applicant or affiliated party has a documented history of violations, including citations or police responses in other jurisdictions or municipalities.
- The event is likely to cause injury to persons or damage to property or otherwise poses a threat to public health, safety, or welfare.
- The event would significantly interfere with the movement or response capabilities of public safety personnel or emergency services.
- The event would substantially disrupt traffic flow or public access in or near the proposed location or along the event route.
- The expected concentration of people, animals, or vehicles would exceed the safe capacity of the area and impede normal public safety operations.
- Required public safety or Town resources are unavailable, and supporting the event would impair the routine operations of these services.
- The event would unreasonably interfere with another permitted special event or Town-sponsored function.
- The event would detract from the promotion of public health, safety, or general welfare.
- Within the eighteen (18) month period immediately preceding the submission of the application; the applicant or the proposed special event failed to obtain a permit required by this Chapter; or the applicant, a vendor, or the special event violated or failed to comply with conditions set forth in this Article or the issued permit; or the applicant or the proposed special event had a permit revoked.
HISTORY
Adopted by Ord. 876-25 on 10/15/2025
- Refer to Chapter 9, Article 9-19 for specific violations.
HISTORY
Adopted by Ord. 876-25 on 10/15/2025
- The Town may revoke a special event permit if the permittee:
- Fails to abide by any of the conditions of the permit or any of the provisions of this Article;
- Fails to conduct the special event as presented on the application;
- Fails to comply with the terms and conditions of the permit;
- Poses a threat to public health or safety; or
- A state of emergency is declared.
- Upon revocation of a permit, the special event must immediately cease, the permittee and vendors must immediately remove or properly dispose of all property and trash of the special event, and the permittee, vendors, and attendees must immediately disperse.
HISTORY
Adopted by Ord. 876-25 on 10/15/2025
- Among other penalties that may apply, including revocation of a permit, a violation of any provision of this Article that is not otherwise designated shall be a civil violation and administered as outlined in Article 9-21-2(C).
- The permit holder may be held liable for all reasonable Town costs associated with the event, including but not limited to clean-up costs, emergency response costs, repairing or replacing damaged government property, additional security, or any other costs incurred by the Town as a result of a violation of this Article.
- Nothing in this Chapter or elsewhere int he Town Code regarding penalties shall be interpreted or applied to prevent imposing other or additional criminal penalties and/or relief as provided by state statute.
HISTORY
Adopted by Ord. 876-25 on 10/15/2025
- An applicant or permittee aggrieved by a decision of the permit administrator may appeal the decision by requesting a hearing within seven (7) calendar days of issuance of the decision. The appeal must be in writing, state the grounds and specific reasons for the appeal, including any supporting documents, and be sent to the Town Manager or their designee. The Town Manager or designee may deny and appeal without further review if the requirements of this subsection are not met.
- If an appeal meets the requirements of paragraph 19-1-8(A), the Town Manager or designee will issue a decision to sustain, modify, or overrule the permit administrator's decision.
- A decision of the permit administrator, if not appealed, will be the Town's final decision on a matter pursuant to this Article. If the decision of the permit administrator is appealed, the decision of the T own Manager or designee will the Town's final decision on the matter.
HISTORY
Adopted by Ord. 876-25 on 10/15/2025