CHAPTER 1 GENERAL(Ord 90-9)(Res 90-24)

ARTICLE 1-1 HOW CODE DESIGNATED AND CITED

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

ARTICLE 1-2 CONSTRUCTION OF ORDINANCES

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

ARTICLE 1-3 DEFINITIONS

1-3-1 General Rule Regarding Definitions1-3-2 Acts by Agents1-3-3 Code1-3-4 Council1-3-5 Day1-3-6 Daytime, Nighttime1-3-7 Department, Board, Commission, Office, Officer or Employee1-3-8 Gender; Singular and Plural1-3-9 In the Town1-3-10 Joint Authority1-3-11 Month1-3-12 Oath1-3-13 Or, And1-3-14 Person1-3-15 Personal Property1-3-16 Preceding, Following1-3-17 Property1-3-18 Real Property1-3-19 Shall, May1-3-20 Shall Have Been1-3-21 Signature or Subscription by Mark1-3-22 State1-3-23 Tenant or Occupant1-3-24 Tenses1-3-25 Time—Computation1-3-26 Time—Reasonable1-3-27 Town1-3-28 Week1-3-29 Writing1-3-30 Year

GENERAL1

Section 1-3-1 General Rule Regarding Definitions

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

Section 1-3-2 Acts by Agents

When this code or an ordinance requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.

Section 1-3-3 Code

The words “the code” or “this code” shall mean “The Code of the Town of Quartzsite, Arizona,” unless the context indicates otherwise.

Section 1-3-4 Council

Whenever the word “Council” is used, it shall be construed to mean the Common Council of the Town of Quartzsite, Arizona.

Section 1-3-5 Day

A “day” is the period of time between any midnight and the midnight following.

Section 1-3-6 Daytime, Nighttime

“Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.

Section 1-3-7 Department, Board, Commission, Office, Officer or Employee

Whenever any “department, board, commission, office, officer or employee” is referred to, it shall mean a department, board, commission, office, officer or employee of the town unless the context clearly indicates otherwise.

Section 1-3-8 Gender; Singular and Plural

Words of the masculine gender include the feminine; words in the singular number include the plural and words in the plural number include the singular.

Section 1-3-9 In the Town

The words “in the Town” or “within the Town” shall mean and include all territory over which the Town now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

GENERAL2

Section 1-3-10 Joint Authority

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

Section 1-3-11 Month

The word “month” shall mean a calendar month.

Section 1-3-12 Oath

“Oath” includes affirmation or declaration.

Section 1-3-13 Or, And

“Or” may be read “and,” and “and” may be read “or,” if the sense requires it.

Section 1-3-14 Person

The word “person” shall extend and be applied to firms, corporations or voluntary associations, as well as to individuals, unless plainly inapplicable.

Section 1-3-15 Personal Property

“Personal Property” includes every species of property, except real property as defined in this article.

Section 1-3-16 Preceding, Following

The words “preceding” and “following” mean next before and next after, respectively.

Section 1-3-17 Property

The word “property” shall include real and personal property.

Section 1-3-18 Real Property

“Real property” shall include lands, tenements and hereditaments.

Section 1-3-19 Shall, May

“Shall” is mandatory and “may” is permissive.

Section 1-3-20 Shall Have Been

The words “shall have been” include past and future cases.

GENERAL3

Section 1-3-21 Signature or Subscription by Mark

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

Section 1-3-22 State

The words “the state” shall be construed to mean the State of Arizona.

Section 1-3-23 Tenant or Occupant

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

Section 1-3-24 Tenses

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

Section 1-3-25 Time—Computation

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

Section 1-3-26 Time—Reasonable

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

Section 1-3-27 Town

Whenever the word “Town” is used, it shall be construed to mean the Town of Quartzsite, Arizona.

Section 1-3-28 Week

A “week” consists of seven consecutive days.

GENERAL4

Section 1-3-29 Writing

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

Section 1-3-30 Year

The word “year” shall mean a calendar year, except where otherwise provided.

GENERAL5

ARTICLE 1-4 REFERENCE TO CHAPTERS, ARTICLES OR SECTIONS:CONFLICTING PROVISIONS

1-4-1 Additional Rules of Construction1-4-2 References to this Code1-4-3 Conflicting Provisions—Different Chapters1-4-4 Conflicting Provisions—Same Chapter

Section 1-4-1 Additional Rules of Construction

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

Section 1-4-2 References to this Code

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

Section 1-4-3 Conflicting Provisions—Different Chapters

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

Section 1-4-4 Conflicting Provisions—Same Chapter

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

ARTICLE 1-5 SECTION HEADINGS

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

ARTICLE 1-6 EFFECT OF REPEAL

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

GENERAL

6

ARTICLE 1-7 SEVERABILITY OF PARTS OF CODE

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

ARTICLE 1-8 PENALTY

A. Any person found guilty of violating any provisions of this code, except as otherwise provided in this code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed two thousand five hundred dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described.

B. Any violation of or failure or refusal to do or perform any act required by Chapter 12 of this code constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of A.R.S. Title 28, Chapter 6, Articles 20 and 21 and amendments thereto.

ARTICLE 1-9 REPEAL OF EXISTING ORDINANCES

1-9-1 Effective Date of Repeal1-9-2 Ordinances Exempt from Repeal

Section 1-9-1 Effective Date of Repeal

All ordinances of the town except those specially exempted in this article, now in force and effect are hereby repealed effective at twelve o'clock noon on June 30, 1990 but all rights, duties and obligations created by said ordinances shall continue and exist in all respects as if this code had not been adopted and enacted.

Section 1-9-2 Ordinances Exempt from Repeal

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

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

B. Any ordinance making appropriation.

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

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

GENERAL

E. The continued existence and operation of any department, agency, commission 7

or office heretofore legally established or held.

F. Any bond of any public officer.

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

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

I. Any ordinance authorizing or setting out rules and regulations for the employment of persons by or through the town.

ARTICLE 1-10 EFFECTIVE DATE OF CODE

Each and every section of this code as herein contained and hereby enacted shall take effect and be in force on and after twelve o’clock noon on June 30, 1990 except that where a later effective date is provided it shall prevail.

CHAPTER 2 MAYOR & COUNCIL

ARTICLE 2-1 COUNCIL8

2-1-1 Elected Officers2-1-2 Corporate Powers2-1-3 Duties of Office (Ord No. 09-29)2-1-4 Vacancies in Council (Ord. No. 08-19)2-1-5 Compensation (Ord 89-08/09-14)(Res 96-04/99-09)2-1-6 Oath of Office2-1-7 Bond2-1-8 Financial Disclosure Statement2-1-9 Absence of Council Members (Ord 08-17)2-1-10 Qualification of Council Candidates (Ord 09-15)

Section 2-1-1 Elected Officers

The elected officers of the town shall be seven Council Members, one of whom shall be designated as Mayor in accordance with Section 2-2-1. The Mayor and Council Members shall constitute the Council and shall continue in office until assumption of duties of office by their duly elected or appointed successors. Council Members shall serve four years overlapping terms in the manner provided by state statute.

Section 2-1-2 Corporate Powers

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

Section 2-1-3 Duties of Office (Ord No. 09-29)

Council Members shall assume the duties of office at the regularly scheduled Council meeting next following the date of the general election at which, or effective as of the date of which, the Council Members were elected. Mayor and Council Members will abide by the Quartzsite Town Council Procedure and Legal and Ethical Standards (Quartzsite Town Council Procedure Policy) of Conduct Manual.

Section 2-1-4 Vacancies in Council (Ord. No. 08-19)

A. The Council shall fill a vacancy that may occur by either of the following:1. Appointment for the unexpired term.2. Appointment until the next regularly scheduled Council election if the vacancy

occurs more than thirty days before the nomination petition deadline.B. The member appointed shall meet the qualifications established in A.R.S. §9-232.

Section 2-1-5 Compensation (Ord 89-08/09-14)(Res 96-04/99-09)

A. Compensation of the Town Code of Quartzsite, sets forth that the compensation of elected officers may be fixed from time to time by resolution of Council. It is expressly understood that said increases shall be effected at the earliest possible date.

MAYOR & COUNCIL

9

That monthly compensation (STIPEND) for the Mayor is hereby set at $500.00 and the monthly compensation (STIPEND) for each Council Member is hereby set at $400.00.

B. That Council’s monthly stipend be pro-rated on a daily basis for the month (EITHER MARCH, MAY, SEPTEMBER, NOVEMBER DEPENDING UPON RECEIVING THE MAJORITY OF VOTES DURING A PRIMARY ELECTION, SEE SUBSECTION 2-2-1 AND 2-3-1) their seat is in question by election, to be paid one-half after each regularly scheduled Council Meeting for that month.

That if the Mayor or a Council Member leaves office prior to the last day of a month or takes office after the first day of the month, their compensation shall be prorated on a daily basis and they should be paid for only those days of the month which he or she serves.

C. THAT EACH COUNCIL MEMBER’S MONTHLY STIPEND PAYMENT SHALL BE PAID IN INSTALLMENTS OF ONE-HALF AFTER EACH REGULARLY SCHEDULED COUNCIL MEETING. EACH PAYMENT SHALL BE DEPENDENT AND CONDITIONED UPON HIS/HER ATTENDANCE EITHER IN PERSON OR TELEPHONICALLY AT EACH REGULARLY SCHEDULED COUNCIL MEETINGS, UNLESS SUCH ABSENCE IS EXCUSED BY THE MAYOR.

Section 2-1-6 Oath of Office

Immediately prior to assumption of the duties of office, each Council Member shall, in public, take and subscribe to the oath of office.

Section 2-1-7 Bond

Prior to taking office, every Council Member shall execute and file an official bond, enforceable against the principal and his sureties, conditioned on the due and faithful performance of his official duties, payable to the state and to and for the use and benefit of the town or any person who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity. A person so injured or aggrieved may bring suit on such bond under provisions identical to those contained in A.R.S. § 38-260. Bonds shall be in such sum as shall be provided by resolution, and the premium for such bonds shall be paid by the town.

Section 2-1-8 Financial Disclosure Statement (Res 89-06)

The Mayor and each Council Member shall file by January 31 of each year a financial disclosure statement in a form and with such information as provided by resolution of the Council.

Section 2-1-9 Absence of Council Members (Ord 08-17)

A Council Member shall not absent himself/herself from the Town for a greater period than thirty days without the consent of the Council.

MAYOR & COUNCIL

10

Section 2-1-10 Qualifications of Council Candidates (Ord 09-15)

A. The Town Council shall judge the elections, qualifications, and returns of its members pursuant to A.R.S. §9-234. Such qualifications shall not only include those contained within Title 16 of the Arizona Revised Statutes, but also any contained within this Quartzsite Town Code.

B. The qualifications for eligibility of Mayor or Council candidates for election to these positions includes the requirement that no delinquent or fixed fines and penalties, user fees, permit fees, and sales tax be owed to the Town of Quartzsite at the time of declaration of candidacy.

C. Council Members, candidates, and appointees for Town elected and appointed office shall be held to certain standards of conduct, which include compliance with all federal, state, and local laws, rules and regulations (i.e. to include, but not exclusive of, Arizona State standards of conduct for public officials, conflict of interest, open meetings laws, etc.).

D. Failure to comply with this ordinance shall result in ineligibility of the candidate or elected official seeking re-election to be qualified to run or be appointed to Town office.

E. Appointed official to Town offices of Manager, Attorney, Town Clerk, and Magistrate shall be held to the same standards and shall not be qualified to hold appointed positions.

ARTICLE 2-2 MAYOR

2-2-1 Direct Election of Mayor2-2-2 Vice Mayor2-2-3 Acting Mayor2-2-4 Powers and Duties of the Mayor (Ord 10-06)2-2-5 Absence of Mayor2-2-6 Failure to Sign Documents

Section 2-2-1 Direct Election of Mayor (Ord 91-05)

A. Commencing with the primary and the general election of the town in 1992, the Mayor shall be directly elected by the people by a majority vote of the qualified electors.

B. The term of the Mayor shall be for four years.

C. Any candidate who shall receive at the primary election, held by the town, a majority of all votes cast for Mayor at such primary election, shall be declared to be elected to the office of Mayor effective as of the date of the general election for the town and said candidate shall not be required to run for Mayor at the general election.

D. A candidate cannot run for both Mayor and Council Member at the same election.

MAYOR & COUNCIL

11

E. Council Members who desire to run for Mayor must resign their position on the Council as of the day they submit their nomination papers, unless they are in the last year of their term.

F. All other provisions of this code or Arizona Revised Statutes dealing with municipal elections are hereby declared to be applicable to the direct election of the Mayor for the town.

Section 2-2-2 Vice Mayor

The Council shall designate one of its members as Vice Mayor, who shall serve at the pleasure of the Council. The Vice Mayor shall perform the duties of the Mayor during his absence or disability.

Section 2-2-3 Acting Mayor

In the absence or disability of both the Mayor and Vice Mayor, the Council may designate another of its members to serve as acting Mayor who shall have all the powers, duties and responsibilities of the Mayor during such absence or disability.

Section 2-2-4 Powers and Duties of the Mayor (Ord 10-06)

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

A. He shall be the chief executive officer of the town.B. He shall be the chairman of the Council and preside over its meetings. He may

make and second motions and shall have a voice and vote in all its proceedings.C. He shall enforce the provisions of this code.D. He shall execute and authenticate by his signature such instruments as the

Council or any statutes, ordinances or this code shall require.E. He shall make such recommendations and suggestions to the Council as he may

consider proper.F. The Mayor and Council may, by proclamation, declare a local emergency to exist

due to fire, conflagration, flood, earthquake, explosion, war, bombing or any other natural or man-made calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the town. After declaration of such emergency, the Mayor and Council shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the town, including but not limited to:1. Imposition of a curfew in all or any portion of the town.2. Ordering the closing of any business.3. Closing to public access any public building, street or other public place.4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance.

G. He shall perform such other duties required by state statute and this code as well as those duties required as Chief Executive Officer of the town.

12

MAYOR & COUNCIL

Section 2-2-5 Absence of Mayor (Ord 07-19)

The Mayor shall not absent himself from the town for a greater period than thirty (30) days without the consent of the Council.

Section 2-2-6 Failure to Sign Documents

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

ARTICLE 2-3 COUNCIL ELECTION

2-3-1 Primary Election2-3-2 Non-Political Ballot2-3-3 General Election Nomination2-3-4 Election to Office2-3-5 Candidate Financial Disclosure2-3-6 Election Dates

Section 2-3-1 Primary Election

Any candidate who shall receive at the primary election a majority of all the votes cast shall be declared to be elected to the office for which he is a candidate effective as of the date of the general election, and no further election shall be held as to said candidate; provided that if more candidates receive a majority than there are offices to be filled then those equal in number to the offices to be filled receiving the highest number of votes shall be declared elected.

Section 2-3-2 Non-Political Ballot

Nothing on the ballot in any election shall be indicative of the support of the candidate.

Section 2-3-3 General Election Nomination

If at any primary election held as above provided there be any office for which no candidate is elected, then as to such office, said election shall be considered to be a primary election for nomination of candidates for such office, and the second or general municipal election shall be held to vote for candidates to fill such office. Candidates to be placed on the ballot at the general municipal election shall be those not elected at the primary election and shall be equal in number to twice the number to be elected to any given office or less than that number if there be less than that number named on the primary election ballot. Persons who receive the highest number of votes for the respective offices at such first election shall be the only candidates at such second election, provided that if there be any person who, under the provisions of this article, would have been entitled to become a candidate for any office except for the fact that

13

MAYOR & COUNCIL

some other candidate received an equal number of votes therefor, then all such persons receiving an equal number of votes shall likewise become candidates for such office.

Section 2-3-4 Election to Office

The candidates equal in number to the persons to be elected who receive the highest number of votes shall be declared elected.

Section 2-3-5 Candidate Financial Disclosure (Res 89-06)

Each candidate for the office of Council Member shall file a financial disclosure statement when such candidate files a nomination paper. The statement shall contain such information as required by resolution of the Council.

Section 2-3-6 Election Dates (Ord 93-10)

The primary election shall be held on the second Tuesday of March of every even-numbered year. The date for the general election shall be the third Tuesday of May of every even-numbered year.

ARTICLE 2-4 COUNCIL PROCEDURE

2-4-1 Regular Meetings2-4-2 Special Meetings2-4-3 Meetings to be Public2-4-4 Quorum2-4-5 Agenda (Ord 10-06)2-4-6 Order of Business (Ord 92-06)(Ord 92-08)(Ord 02-06)(Ord 08-22)2-4-7 Boards, Committees, and Commissions2-4-8 Voting2-4-9 Suspension of Rules

Section 2-4-1 Regular Meetings (Ord 89-05)(Ord92-07)(Ord 02-05)

The Council shall hold regular meetings on the second and fourth Tuesday of each month at 7:00 p.m., except when the day fixed for any regular meeting of the Council falls upon a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday unless otherwise noticed by the Town. All regular meetings of the Council shall be held at the location specified in the notice of the meeting.

Section 2-4-2 Special Meetings (Ord 89-05)

The Mayor, or the Council upon written request of three members, may convene the Council at any time after giving at least twenty-four hours notice of such meeting to members of the Council and the general public. The notice shall include the date, hour and purpose of such special meeting. In the case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances.

14

MAYOR & COUNCIL

Section 2-4-3 Meetings to be Public

All proceedings of the Council shall be open to the public, except that upon approval by a majority vote of the Council, the Council may meet in a closed executive session pursuant to the provisions of state law. Notice of meetings shall be given in a manner consistent with state statutes.

Section 2-4-4 Quorum

A majority of the Council shall constitute a quorum for transacting business, but a lesser number may adjourn from time to time and compel the attendance of absent members.

Section 2-4-5 Agenda (Ord 10-06)

Prior to each Council meeting, or on or before a time fixed by the Council for preparation and distribution of an agenda, whichever is earlier, the Town Clerk shall collect all written reports, communications, ordinances, resolutions, contracts and other documents to be submitted to the Council, prepare an agenda according to the order of business and furnish each Council Member, the Mayor and the Town Attorney with a copy of the agenda and any material pertinent thereto. Any member of the Town Council may request that items be placed on the Town Council’s agenda for consideration, discussion and legal action by submitting a written request to the Town Clerk’s office prior to the deadline for the specified agenda. All communication should be addressed to Council as a whole and not to any individual member thereof.

Section 2-4-6 Order of Business (Ord 92-06)(Ord 92-08)(Ord 02-06)(Ord 08-22)

A. CALL TO ORDERB. INVOCATIONC. PLEDGE OF ALLEGIANCED. ROLL CALL OF COUNCILE. REPORTS & ANNOUNCEMENTSF. CONSENT AGENDAG. NEW BUSINESSH. OLD BUSINESSI. COMMUNICATIONS/PETITIONS & CITIZEN COMMENTS (call to the public)J. ADJOURNMENT

Section 2-4-7 Boards, Committees and Commissions (Ord 96-06)

The Mayor shall create such boards, committees and commissions, standing or special as deemed necessary. The Mayor and Council, by a simple majority at a properly noticed public meeting, has the right to appoint members thereto. Boards, committees and commissions shall perform such duties as the Mayor and Council prescribe.

Section 2-4-8 Voting

A. The Mayor shall vote as a member of the Council.15

B. Upon the request of any member, the ayes and nays upon any question shall be taken and entered in the minutes.

MAYOR & COUNCIL

Section 2-4-9 Suspension of Rules

Any provisions of this article may be temporarily suspended in connection with any matter under consideration by a recorded vote of three-fourths of the members present, except that this section shall not be construed to permit any action that is contrary to state statutes.

ARTICLE 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS

2-5-1 Prior Approval2-5-2 Introduction2-5-3 Reading of Proposed Ordinance2-5-4 Requirements for an Ordinance2-5-5 Effective Date of Ordinances2-5-6 Signatures Required2-5-7 Publishing Required2-5-8 Posting Required

Section 2-5-1 Prior Approval

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

Section 2-5-2 Introduction

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

Section 2-5-3 Reading of Proposed Ordinance (Ord 93-10)

All Ordinances shall have at least one reading. This reading may be by title only, if the Council is in possession of printed copies of said ordinance. Upon the request of any member of the Council, the ordinance shall be read in full.

Section 2-5-4 Requirements for an Ordinance

Each ordinance should have but one subject, the nature of which is clearly expressed in the title. Whenever possible, each ordinance shall be introduced as an amendment to

16

this code or to an existing ordinance, and, in such case, the title of the sections to be amended shall be included in the ordinance.

MAYOR & COUNCIL

Section 2-5-5 Effective Date of Ordinances

No ordinance, resolution or franchise shall become operative until thirty days after its passage by the Council and approval by the Mayor, except measures necessary for the immediate preservation of the peace, health or safety of the town, but such an emergency measure shall not become immediately operative unless it states in a separate section the reason why it is necessary that it should become immediately operative, and unless it is approved by the affirmative vote of three-fourths of all the members elected to the Council, taken by ayes and nays and approved by the Mayor.

Section 2-5-6 Signatures Required

Every ordinance passed by the Council shall, before it becomes effective, be signed by the Mayor and attested by the clerk.

Section 2-5-7 Publishing Required

Only such orders, resolutions, motions, regulations or proceedings of the Council shall be published as may be required by state statutes or expressly ordered by the Council.

Section 2-5-8 Posting Required (Res 90-18)(Res 94-19)(Res 99-18)

Every ordinance imposing any penalty, fine, forfeiture or other punishment shall, after passage, be posted by the clerk in three or more public places within the town and an affidavit of the person who posted the ordinance shall be filed in the office of the clerk as proof of posting.

ARTICLE 2-6 INITIATIVE AND REFERENDUM (Ord 90-20)

2-6-1 Power Reserved; Time of Election2-6-2 Number of Signatures2-6-3 Time of Filing2-6-4 Sample Ballots and Publicity Pamphlets

Section 2-6-1 Power Reserved; Time of Election

There is reserved to the qualified electors of the town the power of the initiative and the referendum as prescribed by the state constitution. Any initiative or referendum matter shall be voted on at the next ensuing primary or general election, or at a special election called by the Council for such purpose.

Section 2-6-2 Number of Signatures

A. The total number of registered voters qualified to vote at the last municipal election, whether regular or special, immediately preceding the date upon which any initiative petition is filed shall be the basis upon which the number of qualified electors of the town required to file an initiative petition shall be computed.

17

MAYOR & COUNCIL

B. The basis upon which the number of qualified electors of the town required to file a referendum petition shall be as determined by state law.

Section 2-6-3 Time of Filing

A. Initiative petitions shall be filed at least 120 days prior to the election at which they are to be voted upon.

B. Referendum petitions shall be filed within thirty days of the adoption of the ordinance or resolution. If the town clerk is unable to provide petitioners with a copy of the ordinance of resolution at the time of application for an official number or on the same business day of the application, the thirty day period shall be calculated from the date such ordinance or resolution is available.

Section 2-6-4 Sample Ballots and Publicity Pamphlets

The following procedures relating to sample ballots and publicity pamphlets are hereby adopted for conducting elections at which an initiative or referendum is to be voted upon:A. A publicity pamphlet, containing the entire text of the official ballots, shall be

mailed by the town clerk to each household within the town in which a registered voter resides, not less than ten days prior to the election to which the sample ballot pertains.

B. The pamphlet shall contain the proposition as it will appear on the ballot together with a summary of each proposition. Each summary shall be followed by any arguments supporting the proposition followed by any arguments opposing the proposition.

C. Arguments supporting and opposing proposition appearing on the ballot shall be filed with the office of the town clerk by 5:00 p.m. not less than sixty days prior to the election at which the propositions are to be voted upon. Arguments supporting or opposing propositions appearing on the ballot shall meet the following requirements.1. Arguments must relate to the proposition proposed by initiative or referred

by referendum which will appear on the ballot.2. Arguments must identify the proposition to which they refer and indicate

whether the argument is in support of or opposition to the proposition.3. Arguments may not exceed three hundred words in length.4. Arguments must be signed by the person or persons who submit them.

Arguments submitted by organizations shall be signed on behalf of the organization by an officer of the organization authorized to take such action. All persons signing documents shall indicate their residence or post office address.

5. No person or organization shall submit more than one argument for each proposition to be voted upon.

6. Each argument shall be accompanied by a deposit in the amount of $100.00 to offset proportional costs of printing. This requirement shall not be waived on any account.

18

CHAPTER 3 ADMINISTRATION(Res 89-01)

ARTICLE 3-1 OFFICERS IN GENERAL

3-1-1 Officers3-1-2 Additional Officers3-1-3 Bond3-1-4 Vacancies; Holding More Than One Office3-1-5 Additional Powers and Duties

Section 3-1-1 Officers

There are hereby created the offices of town manager, town clerk, police chief, town engineer, town attorney and town magistrate who shall be appointed by the Council and who shall serve, with the exception of the magistrate, at the pleasure of the Council. The magistrate shall be appointed for a term of office as provided in Section 5-2-1.

Section 3-1-2 Additional Officers

The Council may appoint and remove from time to time such other officers as it may deem necessary and that are not provided for in this code or state statute.

Section 3-1-3 Bond

The Council shall require each officer of the town to give bond for the due discharge of his duties in such sums and with such security as it may direct and approve as determined by resolution. The town shall pay the costs of such bond.

Section 3-1-4 Vacancies; Holding More Than One Office

Any vacancy that shall occur in any town office shall be filled by appointment by the Council, provided that one person may hold more than one office and that, at the discretion of the Council, the functions of a town official may be validly performed and discharged by a deputy or another town official, or an otherwise qualified individual not holding office but employed at the pleasure of the Council.

Section 3-1-5 Additional Powers and Duties

In addition to any powers and duties prescribed in this code, each officer shall have such further powers, perform such further duties and hold such other office as may be provided by the Council through ordinance, resolution or order.

ARTICLE 3-2 OFFICERS

3-2-1 Town Manager3-2-2 Town Clerk (Ord 06-05/06-12/10-06/08-13/10-06)3-2-3 Police Chief3-2-4 Town Engineer3-2-5 Town Attorney3-2-6 Town Magistrate

19

ADMINISTRATION

Section 3-2-1 Town Manager

A. Office Created . The office of the town manager of the Town of Quartzsite is hereby created and established. The town manager shall be appointed by the Council wholly on the basis of his administrative and executive ability and qualifications and shall hold office for and at the pleasure of the Council.

B. Bond . The town manager shall furnish a corporate surety bond to be approved by the Council in such sum as may be determined by the Council. The bond shall be conditioned upon the faithful performance of the duties imposed upon the manager as prescribed in this article. Any premium for such bond shall be a proper charge against the town.

C. Compensation . The town manager shall receive such compensation as the Council shall fix from time to time.

D. Removal Procedure . The town manager may be removed by a majority vote of the Council. If requested, the Council shall grant him a public hearing within thirty days following notice of removal. During the interim, the Council may suspend the manager from duty, but shall continue his salary and, if the removal becomes final, shall pay his salary for one month following the removal date.

E. Powers and Duties . The town manager shall be the administrative head of the government of the town under the direction and control of the Council except as otherwise provided by the Council. He shall be responsible to the Council for the proper administration of all affairs of the town. In addition to his general powers as administrative head and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following paragraphs.

1. Appoint and, when necessary for the good of the service, suspend or remove all officers and employees of the town not appointed by the Council. He may authorize the head of a department or office to appoint, suspend or remove subordinates in such department or office.

2. Prepare the budget annually and submit it to the Council together with a message describing the important features and be responsible for its administration after adoption.

3. Prepare and submit to the Council at the end of the fiscal year a complete report on the finances and administrative activities of the town the preceding year.

4. Keep the Council advised of the financial condition and future needs of the town and make such recommendations as he may deem desirable.

5. Serve as personnel officer with such duties as directed by the Council, prescribed by this code and as set forth in the personnel rules and regulations. He shall recommend to the governing body a standard

20

schedule of pay for each appointive office and position in the town service, ADMINISTRATION

including minimum, intermediate and maximum rates. He shall authorize the payment of overtime pay for such employees as may work in excess of a normal work period. Such rates of pay and periods of work shall be in conformity with wages and salaries enacted by the Council

6. Recommend to the governing body from time to time adoption of such measures as he may deem necessary or expedient for the health, safety or welfare of the community or for the improvement of administrative services.

7. Consolidate or combine offices, positions, departments or units under his jurisdiction, with the approval of the Council. The manager may be the head of one or more departments.

8. Attend all meetings of the Council, unless excused therefrom, and take part in the discussion of all matters coming before the Council. He shall be entitled to notice of all regular and special meetings of the Council.

9. In case of accident, disaster or other circumstances creating a public emergency, the manager may award contracts and make purchases for the purpose of meeting said emergency; but he shall file promptly with the Council a certificate showing such emergency and the necessity for such action, together with an itemized account of all expenditures.

10. See that all laws and ordinances are duly enforced.

11. Investigate the affairs of the town or any department or division thereof. Investigate all complaints in relation to matters concerning the administration of the government of the town and in regard to service maintained by the public utilities in the town, and see that all franchises, permits and privileges granted by the town are faithfully observed.

12. Perform such other duties as may be required by the Council, not inconsistent with state law or town ordinances.

F. Council Not to Interfere With Appointments or Removals . With regard to officers and employees appointed by the manager, neither the Council nor any of its members shall direct or request the appointment of any person to, or his removal or suspension from, such office by the manager or any of his subordinates, or in any manner take part in the appointment or removal of such officers and employees in the administrative services of the town. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the manager.

21

ADMINISTRATION

Section 3-2-2 Town Clerk (Ord 06-05/Ord 06-12/Ord 08-13/Ord 10-06)

A. Appointment . The Clerk shall be appointed by the Town Manager. The position shall be classified and subject to the Town of Quartzsite Personnel Policy.

B. Records . The clerk shall keep a true and correct record of all business transacted by the Council and any other records that either pertain to the business of the town or that the Council directs. The clerk shall number, plainly label and file separately in a suitable cabinet all ordinances, resolution, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters, orders and other documents of whatever nature.

C. Public Inspection of Records . The clerk shall keep convenient for public inspection all public records and public documents under his control, as provided by state statute.

D. Monthly Reports . The clerk shall prepare and collect from town officers and employees such monthly reports prepared in such manner and to include such information as may be directed by the Council.

E. Minutes . The clerk shall prepare or cause to be prepared all minutes of Council proceedings and ensure their correctness and accuracy.

F. Ordinances, Resolution, Budgets and Notices . The clerk shall process, record, file, publish and, if required by state statute, post all ordinances, resolutions, budgets and notices that may be passed by the Council.

G. Duties as Treasurer . The clerk or the Town Manager’s designee shall hold the office of Town Treasurer and receive and safely keep all monies that shall come to the town and pay out the same when authorized by the Council. He shall keep a separate record and account of each different fund provided by the Council, apportion the monies received among the different funds as prescribed by the Council, and keep a complete set of books showing: every money transaction of the town, the state of each fund, from what source the money in each fund was derived and for what purpose expended, and he shall make monthly reports to the Council of all receipts and disbursements and the balance in each fund. At the end of the fiscal year he shall make a full and detailed statement of the receipts and expenditures of the town during the year, specifying the different sources of revenue and the amount received from each, all appropriations made by the Mayor and Council, and the object for which they were made, and the amount of money expended under each, the evidences of indebtedness issued, and what portion remains thereof outstanding, with the rate and amount of interest due thereon, and the amount of cash on hand.

H. Election Official . The clerk shall be the town election official and perform those duties required by state statute.

I. Licenses. The clerk shall issue or cause to be issued all licenses that may be prescribed by state statute or this code.

J. Administrative Duties. The clerk shall perform those administrative responsibilities and duties that are conferred upon him by the Town Manager in addition to those specified in this code.

ADMINISTRATION22

Section 3-2-3 POLICE CHIEF

The Police Chief shall be the chief of police and he shall perform such duties as may be required of him by law and as the Council may deem necessary.

Section 3-2-4 Town Engineer

The town engineer shall be appointed by the Council. The engineer shall have charge of the town streets, sewers and waterworks and shall perform such duties as may be required of him by law and such other duties as the Council may deem necessary.

Section 3-2-5 Town Attorney

The town attorney shall be appointed by the Council. The attorney shall act as the legal counselor and advisor of the Council and other town officials and, as such, shall give his opinion in writing when requested. He shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when required by the Council. He shall approve as to form, in writing, all drafts of contracts and all official or other bonds before final approval or acceptance thereof by the Council. He shall return within ten days all ordinances and resolutions submitted to him for consideration by the Council, with his approval or disapproval as to form noted thereon, together with his reasons therefor. He shall prosecute and defend all suits, actions or causes where the town is a party and shall report to the Council, when required, the condition of any suit or action to which the town is a party.

Section 3-2-6 Town Magistrate

The town magistrate shall be appointed by the Council and shall be the presiding officer of the magistrate’s court. He shall perform those functions necessary to the maintenance of the magistrate’s court as provided by state statute.

ARTICLE 3-3 PERSONNEL SYSTEM

3-3-1 Creation and Scope3-3-2 Conditions of Employment3-3-3 Rules and Regulations3-3-4 Political Contributions3-3-5 Personnel Board

Section 3-3-1 Creation and Scope

There is hereby adopted a merit system for the employees of the town, the provisions of which shall apply to all employees of the town, except elected officials, officers of the town appointed by the Council, persons engaged under contract to supply expert, professional or technical services, temporary employees and volunteer personnel who receive no regular compensation from the town.

ADMINISTRATION23

Section 3-3-2 Conditions of Employment

The appointment, promotion and tenure of every employee shall be conditioned solely on merit and fitness and the satisfactory performance of the duties and responsibilities assigned. No employee or applicant for employment shall be discriminated against on the basis of race, color, religion, sex, age or political affiliation.

Section 3-3-3 Rules and Regulations

The Council may adopt by resolution rules and regulation to give effect to this article, which may be modified or changed from time to time, but such rules and regulations shall follow the generally accepted principles of good personnel administration.

Section 3-3-4 Political Contributions

No officer, official or employee of the town shall use any influence or pressure upon any employee to obtain any assessment or contribution of money or time, either direct or indirect, for any political campaign or personal gain.

Section 3-3-5 Personnel Board

There is hereby created a personnel board of the Town of Quartzsite, which shall consist of seven members from the citizens of the town appointed by the Mayor and ratified by the Council. The scope of the personnel board shall be limited to the conduct of hearings on certain employee grievances and forwarding advisory recommendations to the Mayor and Council. The members of the personnel board shall serve at the pleasure of the Mayor and Council.

ARTICLE 3-4 PURCHASING (Ord 89-04)(Ord 93-06)(Res 89-07)

3-4-1 In General3-4-2 Exclusive Service3-4-3 Bidding3-4-4 Determination of Lowest Responsible Bidder3-4-5 Performance Bond3-4-6 Emergency Purchases3-4-7 Forms3-4-8 Professional Services3-4-9 Cooperative Purchasing

Section 3-4-1 In General

The town manager shall be the purchasing agent for the town. No purchase or contract for services of any kind or description, payment for which is to be made from funds of the town, shall be made by the purchasing agent, or any officer, employee or agent of the town, except in the manner set forth in this article, and unless said purchase is in accordance with the adopted town budget.

ADMINISTRATION24

A. Under $1,000.00 . Whenever any contemplated purchase or contract for services is for the sum of less than $1,000.00, the purchasing agent may order the item as needed without further formality.

B. $1,000.00 to $2,499.00 inclusive . Whenever any contemplated purchase or contract for services is for the sum of at least $1,000.00 but not more than $2,499.00, the purchasing agent shall solicit at least three bids for the item or service. Said solicitation may be orally obtained by him, and he may then award the purchase or contract of service to the lowest responsible bidder.

C. $2,500.00 to $4,999.00 inclusive . Whenever any contemplated purchase or contract for services is for the sum of more than $2,500.00 but less than$4,999.00, the purchasing agent shall solicit at least three written bids for the item or service on bid forms and award the purchase or contract of services to the lowest responsible bidder.

D. $5,000.00 and over . Whenever any contemplated purchase or contract for services is for the sum of $5,000.00 or more, the purchasing agent shall cause to be published in two issues of a newspaper of general circulation in the town, notice inviting bids, which notice shall be published at least ten days prior to the date set for the receipt of the bids. The notice herein required shall include a general description of the articles to be purchased or services to be performed and the time and place for opening bids. In addition, the purchasing agent shall post a notice inviting bids in the town hall and may also mail to all responsible prospective suppliers a copy of the notice inserted in the newspaper.

E. No Contract of $5,000.00 or more shall be let except by the Council. Whenever any contemplated purchase or contract for services is for the sum of $5,000.00 or more, the purchasing agent shall present the bids to the Council for approval, and advise the Council of the advantages or disadvantages of contract and bid proposals.

F. Purchases of used equipment are not subject to the bidding procedures applicable to other purchases on the recommendation of the purchasing agent and approval of the Council.

Section 3-4-2 Exclusive Service

In the event that there is only one firm or company or individual capable of providing a particular service or commodity and such services or commodities cannot be secured from other persons or companies, Section 3-4-1 shall not be applicable, and such services or commodities can be secured without bidding.

Section 3-4-3 Bidding

The purchasing agent and all parties contracting with the town shall follow the procedure set forth in this section in relation to all bids required under Section 3-4-1, Subsection D.

ADMINISTRATION25

A. All notices and solicitation of bids shall state the time and place for opening.

B. All bids shall be submitted sealed to the purchasing agent and shall be identified as bids on the envelope.

C. All bids shall be opened in public at the time and place stated in the public notice.

D. A tabulation of all bids received shall be posted in the Town Hall for public inspection.

E. The purchasing agent under Subsections A, B and C of Section 3-4-1 and the Council under Subsection D of that section shall have the authority to reject any and all bids and parts of all bids and re-advertise or re-solicit bids.

Section 3-4-4 Determination of Lowest Responsible Bidder

Unless the Council or purchasing agent shall exercise the right of rejection as provided by Section 3-4-3, the purchase or contract shall be made from and with the lowest responsible bidder for the entire purchase or contract or for any part thereof. In determining the lowest responsible bidder, the Council and purchasing agent shall consider:

A. The ability, capacity and skill of the bidder to perform the contract or provide the service required.

B. Whether the bidder can perform the contract or provide the services promptly or within the specified time, without delay or interference.

C. The quality of performance of previous contracts.

D. The previous and existing compliance by the bidder with laws and ordinances of the town.

E. The financial resources and ability of the bidder to perform the contract.

F. The quality, availability and adaptability of the supplies or services.

Section 3-4-5 Performance Bond

The purchasing agent shall have the authority to require a performance bond, in cash or otherwise, for such amount as he may deem sufficient to secure the execution of the contract for the best interest of the town.

Section 3-4-6 Emergency Purchases

In case of an emergency which requires immediate purchases of supplies or services and when time is of the essence, the Mayor shall be empowered to authorize the purchasing agent to purchase or secure services without complying with the procedures

ADMINISTRATION26

of this article. A full report in writing of the circumstances of any emergency purchase shall be filed by the purchasing agent with the Town Council at its next meeting.

Section 3-4-7 Forms

The purchasing agent shall prescribe and maintain such forms as he shall find necessary for the operation of the provisions of this article.

Section 3-4-8 Professional Services

Unless required by the Council, the bidding and other requirements of this article shall not apply to professional services. Such services shall include, but not be limited to, the following: physicians, attorneys, engineers and similar professions.

Section 3-4-9 Cooperative Purchasing

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

ARTICLE 3-5 OFFICE OF ZONING ADMINISTRATOR

3-5-1 Established3-5-2 Appointment of Administrator3-5-3 Duties3-5-4 Fees3-5-5 Appeals

Section 3-5-1 Established

The office of zoning administrator of the Town of Quartzsite is hereby established.

Section 3-5-2 Appointment of Administrator

A. The zoning administrator shall be appointed by the Council and may be the town manager, town clerk or any other individual appointed by the Council, which the Council finds to be qualified to hold said position.

B. It shall also be the duty of the zoning administrator to make recommendations to the planning and zoning commission as to zoning changes that are necessary in the town, and, upon the filing of an application with the zoning commission for a change of zoning, the zoning administrator shall hold a hearing after giving the same notice that it requires for a regular planning and zoning commission meeting prior to making said recommendations. After holding a public hearing, the zoning administrator shall make his recommendations, in writing, citing the facts upon which he relies in making his decisions and shall submit his

ADMINISTRATION27

recommendations to the planning and zoning commission prior to the planning and zoning commission holding any hearings which deal with the rezoning of any parcel of property within the town.

Section 3-5-4 Fees

The Council shall be authorized to establish a uniform schedule of fees to be charged by the zoning administrator for any duties performed by the administrator, and such fee schedule shall become effective upon approval of the Council.

Section 3-5-5 Appeals

Any decision or recommendation of the zoning administrator shall be appealable to the board of adjustment as established in the zoning ordinance of the town.

ARTICLE 3-6 CIVIL PREPAREDNESS AND DISASTER

3-6-1 Purposes3-6-2 Definitions3-6-3 Civil Preparedness Organization3-6-4 Powers and Duties (Ord 10-06)3-6-5 Mutual Aid3-6-6 Immunity of Town and Representatives Thereof3-6-7 Violations

Section 3-6-1 Purposes

The purpose of this article are to:

A. Reduce vulnerability of people and the community to damage, injury and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action.

B. Prepare for prompt and efficient rescue, care and treatment of persons victimized or threatened by disaster.

C. Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters.

D. Clarify and strengthen the roles of the Mayor, Council, manager and town agencies in prevention of, preparation for and response to and recovery from disasters.

E. Authorize and provide for cooperation in disaster prevention, preparedness, response and recovery.

F. Authorize and provide for coordination of activities relating to disaster prevention, preparedness, response and recovery by agencies and officers of this town,

ADMINISTRATION

28

agencies of the private sector and similar activities in which the federal government, the state and its political subdivisions may participate.

G. Provide a disaster management system embodying all aspects of pre-disaster preparedness and post-disaster response.

Section 3-6-2 Definitions

In this article unless the context otherwise requires:

A. “Civil preparedness” means the organization, administration, trained manpower, facilities, equipment, material, supplies, programs, emergency plans, ability to execute emergency plans and all other measures necessary and incidental thereto relating to disaster prevention preparedness response and recovery by all governmental and private sector agencies to protect or save health, life or property.

B. “Director” means the town manager or his designee.

C. “Disaster” means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property or extreme peril to the safety of persons

or property, resulting from any natural or manmade causes, including but not limited to fire, flood, earthquake, wind, storm, blight, drought, famine, infestation,

air contamination, epidemic, explosion, riot or other act of civil disobedience which endanger life or property, or hostile military or paramilitary action.

D. “Emergency” means the existence of a disaster within the town limits requiring immediate action by the emergency forces of the town.

E. Emergency forces” means all town governmental and private sector agencies, volunteers, facilities, equipment, trained manpower and other resources required to perform civil preparedness functions.

F. “Regulations” means the orders, rules and emergency procedures deemed essential for civil preparedness.

G. “State of emergency” means the duly proclaimed existence of a disaster within the state except a disaster resulting in a state of war emergency which is or is likely to be beyond the capabilities and resources of any single county, city, or town and requires the combined efforts of the state and the political subdivision.

H. “Sate of war emergency” means the situation which exists immediately whenever this nation is attacked or upon receipt by this state of a warning from the federal government indicating that such an attack is imminent.

ADMINISTRATION

Section 3-6-3 Civil Preparedness Organization29

The town manager is hereby authorized and directed to create a civil preparedness organization. The town manager or his designee shall be the director of civil preparedness.

Section 3-6-4 Powers and Duties (Ord 10-06)

A. The Council

1. Shall have the power to make, amend and rescind regulations, not inconsistent with regulations promulgated by the governor, necessary for civil preparedness, which regulations shall have the full effect of this article when a copy is filed in the office of the Town Clerk. Existing ordinances and regulations, or ordinances and regulations issued under authority of A.R.S. Title 26, Chapter 2, in conflict therewith, are suspended during the time and to the extent that they are in conflict.

2. May appropriate and expend funds, make contracts, obtain and distribute equipment, materials and supplies for civil preparedness purposes.

3. In the absence of specific authority in state emergency plans and procedures, the Council shall take emergency measures as deemed necessary to carry out the provisions of A.R.S. Title 26, Chapter 2.

4. In a state of war emergency the Council may waive procedures and formalities required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when the Council determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency. The Town shall be exempt during such emergency from budget limitations prescribed by Article IX, Section 20 of the State Constitution.

5. In addition to the powers granted by other provisions of the law or town ordinance, the Council may, by proclamation, declare an emergency or a local emergency to exist. The proclamation may be rescinded by a majority of the Council after twenty-four hours.

6. During an emergency or local emergency, the Mayor shall govern by proclamation and shall have the authority to impose all necessary regulations to preserve the peace and order of the Town including but not limited to:

a. Imposition of curfews in all or in a portion of the town;ADMINISTRATION

b. Ordering the closing of any business;c. Denying public access to any public building, street or other public place;

30

d. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the town for assistance.

B. The Town Manager

1. The Town Manager is responsible in nonemergency periods to act on behalf of the Council to develop a readiness plan for the town’s civil preparedness and for coordinated operations in disaster situations.

2. During emergencies, the Town Manager shall act as the principal advisor or aid to the Council on emergency operations. His major responsibility is to assure coordination among emergency forces and with higher and adjacent governments, by assuring that the emergency operation center functions effectively. He shall assist the Council in the execution of operations, plans and procedures required by the emergency.

3. The Town Manager shall prepare a comprehensive disaster basic plan whichshall be adopted and maintained by resolution of the Council upon the recommendations of the Town Manager. In the preparation of this plan as it pertains to town organization, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies be used to the fullest extent.

4. The disaster plan shall be considered supplementary to this article andhave the effect of law whenever emergencies, as defined in this article, have been proclaimed.

Section 3-6-5 Mutual Aid

In periods of local emergency as declared pursuant to this article, the Town is hereby granted full power to provide mutual aid to any affected area in accordance with local ordinances, resolution, emergency plans or agreements therefor. The Town may request from state agencies mutual aid including personnel, equipment and other available resources to assist the town during the local emergency in accordance with emergency plans or at the direction of the governor.

Section 3-6-6 Immunity of Town and Representatives Thereof

A. The Town shall not be liable for any claim based upon the exercise or performance, or the failure to exercise or perform a discretionary function or duty on the part of the town or any employee of the town, except willful misconduct, gross negligence or bad faith of any such employee, in carrying out the provisions of A.R.S. Title 26, Chapter 2.

ADMINISTRATION

B. The immunities from liability, exemptions from laws, ordinances and rules, all pensions, relief, disability workmen’s compensation and other benefits which apply to the activity of officers, agents or employees of the town when performing

31

their respective functions within the limits of the town shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorial under the provisions of this article, excepting willful misconduct, gross negligence or bad faith.

C. Volunteers duly enrolled or registered for services in a local emergency, a state of emergency or a state of war emergency in carrying out, complying with or attempting to comply with, any regulations issued pursuant to A.R.S. title 26, Chapter 2 or any local ordinance, or performing any of their authorized functions or duties, or training for the performance of their authorized functions or duties, shall have the same degree of responsibility for their actions and enjoy immunities as officers and employees of the state and its political subdivisions performing similar work.

Section 3-6-7 Violations

It is unlawful for any person to violate any provision of this article or to refuse or willfully neglect to obey any lawful regulation or order issued as provided in this article. This provision, however, does not apply to the refusal of any private organization or members thereof to participate in an emergency; local emergency or state of emergency as defined by this article.

CHAPTER 4 POLICE DEPARTMENT(Ord 90-14)(Res 90-27)

ARTICLE 4-1 POLICE DEPARTMENT

4-1-1 Created; Composition4-1-2 Appointment of Officers

32

4-1-3 Compensation of Officers4-1-4 Departmental Rules and Regulations4-1-5 Duties of the Police Department4-1-6 Answering Calls Outside the Town

Section 4-1-1 Created; Composition

There is hereby created a police department for the town which shall consist of a police chief and as many police officers as may from time to time be deemed necessary by the Council for the safety and good order of the town.

Section 4-1-2 Appointment of Officers

The Police Chief shall be appointed by the town manager with the concurrence of Council. The Council shall provide for the appointment of as many police officers as may from time to time be deemed necessary for the safety and good order of the town.

Section 4-1-3 Compensation of Officers

The Police Chief and the police officers of the town shall be compensated as determined by the Council. The Police Chief shall not receive any perquisites, commissions or compensation for his services as Police Chief, except as the Council may prescribe.

Section 4-1-4 Departmental Rules and Regulations

The police department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be adopted by the Council.

Section 4-1-5 Duties of the Police Department

It is the duty of the police department, under the direction of the police chief, to:

A. Enforce this code and the statutes of the State of Arizona within jurisdictional limits as conferred by law and to arrest and charge the violators thereof.

B. Take charge of the town jail and all prisoners confined therein, and all those who are sentenced to labor on the streets or public works of the town and to see that orders and sentences with reference to such are fully executed and complied with.

C. Deliver any persons who may be confined in the jail upon conviction of a crime committed under the jurisdiction of the magistrate’s court to any authorized officer of the town who shall at any time demand such prisoners. Any such authorized person so demanding and receiving such prisoners shall work such

POLICE DEPARTMENT

prisoners on the streets or alleys of the town or on any and all authorized work as may be determined by the Council.

D. Render such account of the police department, its duties and receipts as may be 33

required by the Council and keep non-confidential records of the office open to inspection by the Council at any time.

E. Direct traffic and ensure the orderly flow thereof and investigate and make reports of traffic accidents.

F. Inspect and ascertain the condition of traffic control devices of every description which have been erected within the town on the authority of the Council and notify the Council of any defects found therein.

G. Perform such additional duties as may be required by the Council.

Section 4-1-6 Answering Calls Outside the Town

The members of the police department are duly authorized to answer calls for aid and assistance beyond the corporate limits of the town pursuant to mutual aid agreements and state statutes.

CHAPTER 5 MAGISTRATE(Ord 90-07)(Res 90-11)

ARTICLE 5-1 MAGISTRATE COURT ESTABLISHED; JURISDICTION

There is hereby established in the town a magistrate’s court which shall have jurisdiction of all violations of this code, and jurisdiction concurrently with justices of the

34

peace of precincts in which the town is located of violation of laws of the state committed within the limits of the town.

ARTICLE 5-2 PRESIDING OFFICER

5-2-1 Town Magistrate5-2-2 Assistant Town Magistrate5-2-3 Powers and Duties of Town Magistrate

Section 5-2-1 Town Magistrate

A. The presiding officer of the magistrate’s court shall be the town magistrate, who shall be appointed by the Council. The town magistrate shall serve a term of two years, with the beginning and end of the term to be specified at the time of appointment.

B. The term shall automatically terminate upon expiration of said two-year period, unless prior thereto the Council shall by a majority vote otherwise direct.

C. Nothing in this article shall change the town’s right, after a due process hearing, to remove the magistrate for cause.

Section 5-2-2 Assistant Town Magistrate

A. The assistant town magistrate shall be appointed by the Council. He shall perform the duties of the town magistrate in the absence of the town magistrate in such manner as the Council may direct. The assistant town magistrate shall serve a term of two years, with the beginning and end of the term to be specified at the time of appointment.

B. The term shall automatically terminate upon expiration of said two-year period, unless prior thereto the Council shall by a majority vote otherwise direct.

C. Nothing in this article shall change the town’s right, after a due process hearing, to remove the assistant magistrate for cause.

Section 5-2-3 Powers and Duties of Town Magistrate

The powers and duties of the magistrate shall include:

A. The powers and duties set fourth and conferred upon him under the provisions of the state constitution and statutes, this code and the ordinances and resolution of the town.

MAGISTRATE

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

C. The responsibility for fixing and receiving all bonds and bails and receiving all 35

fines, penalties, fees and other monies as provided by law.

D. Payment of all fees, fines, penalties and other monies collected by the court to the treasurer.

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

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

ARTICLE 5-3 PROCEEDINGS OF COURT

A. The proceedings shall be conducted in accordance with the state constitution, the applicable state statutes and rules of the state supreme court pertaining to police courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure for the superior court, unless otherwise prescribed, and providing this code and resolutions of the town are not in conflict therewith.

B. The magistrate court proceedings shall be commenced by complaint under oath and in the name of the state setting forth the offense charged with and such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint.

C. If the magistrate is satisfied that the offense complained of has been committed by the person charged, he shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint, the magistrate may subpoena and examine witnesses as to the truth of the complaint.

ARTICLE 5-4 COLLECTION FEES: (Ord 00-06/Ord 07-27)

(A) A defendant who defaults in his or her obligation for the payment of monies owed or dues to the Magistrate Court, including but not limited to restitution, fines, sanctions, surcharges, assessments, penalties, bonds, costs and/or fees, is liable for any and all fees and charges assessed by a collection agency that is licensed pursuant to Title 32, Chapter 9, Article 2, Arizona Revised Statues, and that is engaged by the Magistrate Court to collect and enforce such payment. The collection fees and charges assessed by the collection agency shall be added to the sum or sums due from and chargeable against the defendant.

(B) A defendant who defaults in his or her obligation for the payment of monies owed or due to the Magistrate Court, including but not limited to restitution, fines, sanctions, surcharges, assessments, penalties, bonds, costs and/or fees, is liable for any and all fees and charges assessed by a duly licensed attorney, and

MAGISTRATE

who is engaged by the Magistrate Court to collect and enforced such payment. The collection fees and charges assessed by the attorney shall be added to the sum or sums due from and chargeable against the defendant.

36

(C) The Magistrate Court may collect a warrant fee of fifty dollars ($50.00) for each warrant the court is required to issue as the result of a Failure to Appear, which includes any failure to appear at a scheduled, or otherwise required, court appearance. This fee shall apply to all forms and types of warrants and shall be added to the amount set forth in the arrest warrant.

(D) The Magistrate Court may collect a suspension fee of fifty dollars ($50.00) for each suspension of any driver’s license which a court is required to issue as a result of a failure to pay a civil sanction criminal fine, or a default judgment in a civil traffic matter.

(E) The Magistrate Court may collect a credit card service fee to cover the costs associated with the processing of a payments of monies owed the court, by credit card. Such fee shall be reflected in those costs and charges assessed by the credit card processing center, as well as the costs of maintenance and operation by the Finance Department.

(F) The Magistrate Court may collect a Court Enhancement Fee of ten dollars ($10.00) which shall be assessed in addition to any fine, sanction, or penalty imposed by the court. The Court Enhancement Fee shall be collected after the statutory priorities of restitution and time payment fees, if applicable.

(G) The Court Enhancement Fee shall be received by the court in a manner consistent with the Arizona Supreme Court Accounting Standards and deposited with the Finance Department on a monthly basis for deposit into the Court Enhancement Fund. The Magistrate may use Court Enhancement Funds in conjunction with common project, programs or uses which may benefit the Court’s operations.

(H) All other funds collected under the provisions of this ordinance shall be deposited into the Town’s General Fund.

(I) Based upon demonstrated economic hardship, or in the interest of justice, but for no other reason, the Magistrate may waive, suspend, or defer payment of all or part of any fee adopted in this ordinance. The basis for such waiver shall be docketed or journalized in writing in the entry granting such relief.

ARTICLE 5-5 INCOMPATIBILITY OF OFFICE (Ord 00-06)

No town manager, assistant town manager, town clerk, police chief, town engineer, town attorney or anyone whose duties as an employee of the town have a direct relationship with the administration of the town as set out in Chapter 3 of this code shall hold the office of town magistrate or assistant town magistrate.

MAGISTRATE

ARTICLE 5-6 DISCIPLINE OF MAGISTRATE (Ord 00-06)

5-6-1 In General5-6-2 Due Process

37

5-6-3 Amendments5-6-4 Report and Recommendations5-6-5 Records5-6-6 Application of Rules of Civil Procedure5-6-7 Meetings5-6-8 Rules of Commission

Section 5-6-1 In General

A. Philosophy . The town recognizes and respects the division of powers between the legislative branch and the judicial branch. It enforces the concept that a judge must remain independent and free to exercise its responsibilities pursuant to Administrative Order 83-11, Arizona Supreme Court, and the Code of Judicial Ethics. For this reason the Town Council enacts this article to provide appropriate enforcement of the above mentioned standards.

B. The discipline mechanism set forth in this article shall be exercised with restraint and caution and only in the event that a judicial officer of this town is accused of violation of said standards. Discipline shall be applied only upon notice, due process and a showing of violation of the standards governing the conduct of municipal judges and the statutes and ordinances governing this town.

Section 5-6-2 Due Process

A. Any matter shall be heard either before the Town Council or, upon consent of a majority of the Town Council, by a three-member panel designated by the Town Council or by a special master, not a member of the Town Council, appointed by the Town Council. The panel or special master shall designate the time and place of the hearing. If there is a panel, members of the panel shall select a president by majority vote. The magistrate shall be given at least twenty days notice of a time and place of the hearing. Either the town clerk or counsel employed by the Town Council, or both, as determined by it, shall present the matter at the hearing. At the hearing, such evidence shall be received and oral evidence will be taken on oath or affirmation. The chairman of the panel, or any member designated by him or her, may issue subpoenas to compel the attendance of witnesses and production of records, documents or other tangible things designated therein, as may be required. No matter shall proceed under this article without prior direction by the Town Council upon reasonable cause.

B. The magistrate shall have the right to defend against the charges, to be represented by counsel, to examine and cross-examine witnesses and to require the issuance of subpoenas for the attendance of witnesses or for the production of any evidentiary matter.

MAGISTRATE

C. The proceedings at all formal hearings shall be fully recorded manually or by a recording device. When the hearing is before a three-member panel or a special master, the record shall be transcribed upon request and the original and one copy thereof shall be filed with the town clerk. Cost of transcribing shall be paid

38

by the requesting party.

D. Order of Hearing; Burden of Proof . Order of hearing shall be: First, the party presenting matter shall produce evidence. Second, the magistrate shall present evidence. Third, the party presenting the matter shall offer rebuttal. Fourth, each side shall, if desired, make brief concluding argument. Burden of proof shall be on the party presenting the matter and shall be proven by a preponderance of the evidence.

E. Upon showing of egregious acts the Council find as constituting immediate threat to public safety or order, the Council may suspend the magistrate at the time of such finding and appoint an alternate. Such suspension shall be effective until conclusion of the matter or sooner, as the Council determines. Any such suspension shall be with pay.

Section 5-6-3 Amendments

The panel or master may at any time allow amendments to the notice or answer, but if amendment is allowed, the opposing party shall be allowed time to respond. No amendments shall be allowed after the hearing.

Section 5-6-4 Report and Recommendations

A. Any three-member panel or special master conducting a hearing shall within twenty days after its conclusion, unless additional time is allowed by the Council, make a report to include findings of fact and suggested conclusions of law and recommendations, and transmit such report and the record to the Council which shall file the same in its permanent records. A copy of the report shall be delivered forthwith to the magistrate.

B. The Council may thereafter either dismiss the matter, or if it finds good cause it may decide the censure, removal or retirement of the magistrate. Final action of the Council shall require a majority vote of its members. The voting members need not personally have participated in or attended earlier relevant proceedings before or taken by the Council as a whole; but non-participants in the earlier proceedings shall have access to the record thereof, which record may be transcribed and made available to members upon request.

C. Each member of the panel, and any special master appointed under these rules, shall have the power to administer oaths for the taking of the testimony. Every witness in every proceeding hereunder shall be sworn upon oath or affirmation to tell the truth and not to disclose the existence of the proceeding, until the proceeding is no longer confidential under the rules.

CHAPTER 6 ANIMALS

ARTICLE 6-1 RULES AND REGULATIONS

6-1-1 Dangerous Animals6-1-2 Killing Dangerous Animals

39

6-1-3 Noises6-1-4 Strays; Housing6-1-5 Swine6-1-6 Biting Animals6-1-7 Animal Waste (Ord. No. 01-17)

Section 6-1-1 Dangerous Animals

It is unlawful to permit any dangerous, vicious animal of any kind to run at large within the town, and such animals shall be immediately impounded by the police department. Exhibitions or parades of animals, other than domestic pets, may be conducted only upon securing a permit from the town police department.

Section 6-1-2 Killing Dangerous Animals

The members of the police department are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property.

Section 6-1-3 Noises

It is unlawful to harbor or keep any animals that disturb the peace by loud noises at any time of the day or night.

Section 6-1-4 Strays; Housing

Any person who keeps or causes to be kept any horses, mules, cattle, burros, goats, sheep or other livestock or poultry shall keep such livestock or poultry in a pen or similar enclosure to prevent their roaming at large within the corporate limits of the town. Any such livestock or poultry running at large may be impounded by the police department. It is unlawful to cause or allow any stable or place where any animal is or may be kept to become unclean or unwholesome.

Section 6-1-5 Swine

It is unlawful to keep any live swine or pigs in the town.

Section 6-1-6 Biting Animals

Whenever any animal, except a dog, bites a person, the person so bitten and the owner of the animal shall immediately notify the enforcement agent, who shall cause an examination of the animal to be made by a duly licensed physician or a duly license veterinarian, and shall order the animal held on the owner’s premises or shall have it impounded as long as necessary for a complete examination. If it is determined that the animal is infected with rabies or other dangerous, contagious and infectious disease, it

ANIMALS

shall be the duty of the enforcement agent to destroy such animal in as humane a manner as is reasonably possible. If at the end of the quarantine or impoundment, a

40

veterinarian is convinced that the animal is free from such disease, the animal shall be released. If the animal dies during the period of quarantine or impoundment, its head shall be sent to the laboratory at the department of health services for examination.

Section 6-1-7 Animal Waste (Ord. No. 01-17)

The owner of every animal shall be responsible for the removal of excreta deposited by his/her animals on public walks, streets, or recreation areas. Violation of this section is a class three (3) misdemeanor.

ARTICLE 6-2 DOGS

6-2-1 Definitions6-2-2 Powers and Duties of the State Veterinarian and the Livestock

Board6-2-3 Powers and Duties of State Department of Health Services6-2-4 Powers and Duties of Enforcement Agent6-2-5 License Fees for Dogs; Tags; Records; Penalties; Classification6-2-6 Kennel Permit; Fee; Violation; Classification6-2-7 Anti-Rabies Vaccination; Vaccination and License Stations6-2-8 Rabies Control Fund6-2-9 Dogs At Large, Violation6-2-10 Barking Dog, Violation6-2-11 Handling of Biting Animals; Responsibility for Reporting; Authority

to Destroy Animals6-2-12 Unlawful Interference with Enforcement Agent6-2-13 Removing Impounded Dogs6-2-14 Unlawful Keeping of Dogs6-2-15 Violation; Classification6-2-16 Dogs; Liability6-2-17 Proper Care, Maintenance and Destruction of Impounded Animals

Section 6-2-1 Definitions (Ord. No. 01-07)

In this chapter unless the context otherwise requires:

A. “Animal” means any animal of a species that is susceptible to rabies, except man.

B. “At large” means on or off premises of the owner and not under control of the owner or other person acting for the owner. Any dog in a suitable enclosure or confined shall not be considered to be running at large.

C. “Department” means the state department of health services.

ANIMALS

D. “Enforcement agent” means that person in each Town who is responsible for the enforcement of this chapter and the regulations promulgated thereunder or such other person as designated by the Council.

41

E. “Impound” means the act of taking or receiving into custody by the enforcement agent any dog or other animal for the purpose of confinement in an authorized pound in accordance with the provisions of this chapter.

F. “Kennel” means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions.

G. “Livestock” means neat animals, horses, sheep, goats, swine, mules and asses.

H. “Owner” means any person keeping an animal other than livestock for more than six consecutive days.

I. “Pound” means any establishment authorized for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the enforcement agent in the performance of his official duties.

J. “Rabies quarantine area” means any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area.

K. “Stray dog” means any dog four months of age or older running at large that is not wearing a valid license tag.

L. “Vaccination” means the administration of an anti-rabies vaccine to animals by a veterinarian or in authorized pounds by employees trained by a veterinarian.

M. “Veterinarian”, unless otherwise indicated, means any veterinarian licensed to practice in this state or any veterinarian employed in this state by a governmental agency.

N. “Veterinary hospital” means any establishment operated by a veterinarian licensed to practice in this state that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment. A veterinary hospital may have adjacent to it or in conjunction with it, or as an integral part of it, pens, stalls, cages or kennels for quarantine, observation or boarding.

O. “Vicious animal” means any animal of the order carnivora that has a propensity to bite human beings without provocation and has been so declared after a hearing before a justice of the peace or a town magistrate.

ANIMALS

Section 6-2-2 Powers and Duties of the State Veterinarian and the Livestock Board

42

A. The state veterinarian shall designate the type or types of anti-rabies vaccines that may be used for vaccination of animals, the period of time between vaccination and revaccination and the dosage and method of administration of the vaccine.

B. The Arizona Livestock Board shall regulate the handling and disposition of animals classed as livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive of rabies.

Section 6-2-3 Powers and Duties of State Department of health Services

A. The state department of health services shall regulate the handling and disposition of animals other than livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive of rabies.

B. The state department of health services may require the enforcement agent to submit a record of all dog licenses issued and in addition any information deemed necessary to aid in the control of rabies.

Section 6-2-4 Powers and Duties of Enforcement Agent

A. The enforcement agent shall:

1. Enforce the provisions of this article and the regulations promulgated thereunder.

2. Issue citations for the violation of the provisions of this article and the regulations promulgated thereunder. The procedure for the issuance of notices to appear shall be as provided for peace officers in A.R.S. § 13-3903, except that the enforcement agent shall not make an arrest before issuing the notice.

3. Be responsible for declaring a rabies quarantine area within area of jurisdiction. When a quarantine area has been declared, the enforcement agent shall meet with the state veterinarian and representatives from the department of health services and the game and fish department to implement an emergency program for the control of rabies within an area. Any regulations restricting or involving movements of livestock within the area shall be subject to approval by the state veterinarian.

B. The issuance of citations pursuant to this section shall be subject to the provisions of A.R.S. § 13-3899.

C. The enforcement agent may designate deputies.

ANIMALS

Section 6-2-5 License Fees for Dogs; Tags; Records; Penalties; Classification (Ord No. 01-05/01-07)

43

A. The enforcement agent shall set an annual license fee which shall be paid for each dog four months of age or over that is kept, harbored or maintained within the boundaries of the town for at least thirty consecutive days of each calendar year. License fees shall become payable at the discretion of the Council. The licensing period shall not exceed the period of time for revaccination as designated by the state veterinarian. License fees shall be paid within ninety days. A penalty not to exceed four dollars shall be added to the license fee in the event that application is made subsequent to the date on which the dog is required to be licensed under the provisions of this article. This penalty shall not be assessed against applicants who furnish adequate proof that the dog to be licensed has been in their possession less than thirty consecutive days.

B. Durable dog tags shall be provided. Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the Town, the number of the license and the date on which it expires. The tag shall be attached to a collar or harness which shall be worn by the dog at all times while running at large, except as otherwise provided in this article. Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner and payment of a fee to the enforcement agent.

C. Any person who fails within fifteen days after written notification from the enforcement agent to obtain a license for a dog required to be licensed, counterfeits or attempts to counterfeit an official dog tag, or removes such tag from any dog for the purpose of willful and malicious mischief or places a dog tag upon a dog unless the tag was issued for that particular dog is guilty of a class 2 misdemeanor.

D. Licenses for winter visitors that have out of state licenses already in possession - $5.00.Licenses for winter visitors & residents that do not already have possession - $12.00.Licenses for dogs that have been spayed or neutered (provided that owner provides legal documentation) $5.00(Licenses are valid for one calendar year and are to be renewed on a yearly basis)Adoption Fee $20.00Impound Daily Fee $8.00Open Hour Drop-Off $10.00Regular Hours Pick-Up $25.00After Hours Pick-Up $50.00Animal Pick-Up Reference Bites $50.00Euthanasia $25.00

Section 6-2-6 Kennel Permit; Fee; Violation; Classification (Ord. No. 01-07)

A. A person operating a kennel shall obtain a permit issued by the board of supervisors of the county where the kennel is located except if each individual dog is licensed.

ANIMALS44

B. The annual fee for the kennel permit is seventy-five dollars.

C. A dog remaining within the kennel is not required to be licensed individually under A.R.S. § 11-1008. A dog leaving the controlled kennel conditions shall be licensed under A.R.S. § 11-1008, except if the dog is only being transported to another kennel which has a permit issued under this section.

D. A person who fails to obtain a kennel permit under this section is subject to a penalty of twenty-five dollars in addition to the annual fee.

E. A person who knowingly fails within thirty days after written notification from the county enforcement agent to obtain a kennel permit is guilty of a class 2 misdemeanor.

Section 6-2-7 Anti-Rabies vaccination; Vaccination and License Stations

A. Before a license is issued for any dog, the owner must present a vaccination certificate signed by a veterinarian stating the owner’s name and address and giving the dog’s description, date of vaccination, and type, manufacturer andserial number of the vaccine used, and date revaccination is due. A duplicate of each rabies vaccination certificate issued shall be transmitted to the enforcement agent on or before the tenth day of the month following the month during which the dog was vaccinated. No dog shall be licensed unless it is vaccinated in accordance with the provisions of this article and the regulations promulgated thereunder.

B. A dog vaccinated in any other state prior to entry into Arizona may be licensed in Arizona provided that, at the time of licensing, the owner of such dog presents a vaccination certificate, signed by a veterinarian licensed to practice in that state or a veterinarian employed by a governmental agency in that state, stating the owner’s name and address and giving the dog’s description, date of vaccination, and type, manufacturer and serial number of the vaccine used. The vaccination must be in conformity with the provisions of this article and the regulations promulgated thereunder.

C. The enforcement agent shall make provisions for vaccination clinics as deemed necessary. The vaccination shall be performed by a veterinarian.

Section 6-2-8 Rabies Control Fund

A. The enforcement agent or his authorized representative shall place the monies collected by him under the provisions of this article in a special fund to be known as the rabies control fund to be used for the enforcement of the provisions of this article and the regulation promulgated thereunder.

B. Any unencumbered balance remaining in the rabies control fund at the end of a fiscal year shall be carried over into the following fiscal year.

ANIMALS45

Section 6-2-9 Dogs At Large, Violation (Ord 99-07) A. For purposes of this section, “at large” means being neither confined by an

enclosure nor physically restrained by a leash.

B. It shall be unlawful for any person having ownership, possession or control of a dog to allow the dog to run at large within the Town of Quartzsite.

C. Each day a violation continues shall be deemed a separate offense.

D. Any dog at large shall be apprehended and impounded by an enforcement agent.

1. Said agent shall have the right to enter upon private property when it is necessary to do so in order to apprehend any dog that has been running at large. Such entrance upon private property shall be in reasonable pursuit of such dog and shall not include entry into a domicile or enclosure which confines a dog unless it be at the invitation of the occupant.

2. Said agent may issue a citation to the dog owner or person acting for the owner when the dog is at large. The procedure for the issuance of notice to appear shall be as provided for peace officers in A.R.S. § 13-3903, except the enforcement agent shall not make an arrest before issuing the notice. The issuance of citations pursuant to this article shall be subject toprovisions of A.R.S. § 13-3899.

3. In the judgment of the enforcement agent, if any dog at large or other animal that is dangerous or fierce and a threat to human safety cannot be safely impounded, it may be slain.

Section 6-2-10 Barking Dog, Violation (Ord 99-07)

A. It shall be unlawful for any person having ownership, possession or control of a dog within the Town of Quartzsite to allow the dog to excessively bark, howl, yelp, whine, or make other unreasonable noise which disturbs the peace or quiet of any neighborhood, family or person.

B. Each day a violation continues shall be deemed a separate offense.

Section 6-2-11 Handling of Biting Animals; Responsibility for Reporting; Authority to Destroy Animals (Ord. No. 01-07)

A. An unlicensed or unvaccinated dog or cat that bites any person shall be confined and quarantined in an authorized pound or, at the expense of the owner, at a veterinary hospital for a period of not less than ten (10) days. A dog properly licensed and vaccinated pursuant to this article that bites any person may be confined and quarantined at the home of the owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the enforcement agent.

ANIMALS

46

B. Any animal other than a dog or cat that bites any person shall be confined and quarantined in an authorized pound or, at the expense of the owner, at a veterinary hospital for a period of not less than fourteen days, provided that livestock shall be confined and quarantined for the fourteen day period in a manner regulated by the Arizona livestock board. If the animal is a caged rodent, it may be confined and quarantined at the home of the owner or where it is harbored or maintained, for the required period of time, with the consent of an in a manner prescribed by the enforcement agent.

C. Any wild animal which bites any person may be killed and submitted to the enforcement agent or his deputies for transmission to an appropriate diagnostic laboratory

D. Whenever an animal bites any person, the incident shall be reported to the enforcement agent immediately by any person having direct knowledge.

E. The Town enforcement agent may destroy any animal confined and quarantined pursuant to this article prior to the termination of the minimum confinement period for laboratory examination for rabies if:

1. Such animal shows clear clinical signs of rabies.

2. The owner of such animal consents to its destruction.

F. Any animal subject to licensing under this article found without a tag identifying its owner shall be deemed unowned.

G. The enforcement agent shall destroy a vicious animal upon an order of a justice of the peace or a town magistrate. A justice of the peace or town magistrate may issue such an order after notice to the owner, if any, and a hearing.

Section 6-2-12 Unlawful Interference with Enforcement Agent

It is unlawful for any person to interfere with the enforcement agent in the performance of his duties.

Section 6-2-13 Removing Impounded Animals

No person may remove or attempt to remove an animal which has been impounded or which is in the possession of the enforcement agent except in accordance with the provisions of this article and the regulations promulgated thereunder.

Section 6-2-14 Unlawful Keeping of Dogs

It is unlawful for a person to keep, harbor or maintain a dog within the town except as provided by the terms of this article.

ANIMALS

Section 6-2-15 Violation; Classification47

Any person who fails to comply with the requirements of this article, or violates any of its provisions, is guilty of a class 2 misdemeanor and may be subject to imprisonment for a maximum period of four months, or fined a maximum of $750.00, or both.

Section 6-2-16 Dogs; Liability (Ord 99-07)

Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog's owner or person(s) responsible for the dog when such damages were inflicted.

Section 6-2-17 Proper Care, Maintenance and Destruction of Impounded Animals

A. Any animal impounded in a county, city or town pound shall be given proper and humane care and maintenance.

B. Any dog or cat destroyed while impounded in a county, city or town pound shall be destroyed only by the use of one of the following:

1. Sodium pentobarbital or a derivative of sodium pentobarbital.

2. Nitrogen gas.

3. T-61 Euthanasia solution or its generic equivalent.

C. If an animal is destroyed by means specified in subsection B, paragraphs 1 or 3 of this section, it shall be done by a licensed veterinarian or in accordance with procedures established by the state veterinarian pursuant to A.R.S. § 24-153.

D. The governing body of any county, city or town which operates a pound shall establish procedures for the humane destruction of impounded animals by the methods described in subsections B and C of this section.

CHAPTER 7 BUILDING

ARTICLE 7-1 BUILDING CODE(Ord 97-02/98-02)(Res 90-01)

48

7-1-1 Adoption of International Building Code (Ord 05-04/Ord 09-30)7-1-2 Conformance with Zoning Ordinance7-1-3 Adoption of Construction Standards

Section 7-1-1 Adoption of International Building Code (90-01/97-07)(Ord 05-04/Ord 09-30)

That a certain document, three (3) copies of which are on file in the office of the Town Clerk of the Town of Quartzsite, La Paz County, Arizona, being marked and designated as the International Building Code 2006 edition, including Appendix Chapters, A,C,E,G,H,I, & J as published by the International Code Council, be and is hereby adopted as the Building Code of the Town of Quartzsite, in the State of Arizona, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulation, provisions, penalties, conditions and terms of said Building Code on file in the of the Town of Quartzsite are hereby, adopted, and made a part hereof, as fully set out in this ordinance, with the additions, insertion, deletions and changes, if any, prescribed in Section 2 of this ordinance.

The following sections are hereby revised:

Section 101.1. Insert: Town of QuartzsiteSection 1612.3. Insert: Town of QuartzsiteSection 1612.3. Insert: March 10, 2005Section 3410.2. Insert:

Section 7-1-2 Conformance with Zoning Ordinance

Whenever a building permit is issued to any person or entity and a building inspection performed, such building must conform to the provisions of the zoning ordinance of the town in addition to the provisions of this chapter.

Section 7-1-3 Adoption of Construction Standards (Ord 97-02/Ord 02-07)

That certain document known as “Town of Quartzsite Construction Standards” is hereby adopted and made a part of this chapter the same as though said document were specifically set forth in full herein and at least three copies of the said document shall be filed in the office of the clerk and kept available for public use and inspection.

ARTICLE 7-2 ELECTRICAL CODE (Ord 90-02/97-10)(Res 90-02)(Ord 05-01/Ord 09-33)

That a certain document, three (3) copies of which are on file in the office of the Town Clerk of the Town of Quartzsite, being marked and designated as the National Electrical

BUILDING49

Code published by the National Fire Protection Association, be and is hereby adopted as the Electrical Code of the Town of Quartzsite, for regulating the design, construction quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of electric conductors and equipment within or on public and private buildings or other structures, including mobile homes, recreational vehicle, and floating building; and other premises such as yards, carnival, parking, and other lots, and industrial substations, conductors and equipment on the premises, and optical fiber cable in the Town of Quartzsite; providing issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such National Electrical Code, 2005 Edition, published by the National fire Protection Association, on file in the office of the Town of Quartzsite are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance.

ARTICLE 7-3 MECHANICAL CODE (Ord 90-04/97-09)(Res 90-04)(05-03/Ord 09-32)

That a certain document three (3) copies of which are on file in the office of the Town Clerk of the Town of Quartzsite, being marked and designated as the International Mechanical Code, 2006 Edition, including Appendix Chapter A, as published by the International Code Council, be and is hereby adopted as the Mechanical Code of the Town of Quartzsite, in the State of Arizona regulating and governing the design, construction, quality of material, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Mechanical Code on file in the office of the Town of Quartzsite are hereby referred to adopted, and make a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes if any prescribed in Section 2 of this ordinance.

The following sections are hereby revised:

Section 101.1. Insert: Town of QuartzsiteSection 106.5.2 Insert: Adopted by ordinanceSection 108.4. Insert: Misdemeanor, Two thousand five hundred ($2500.00), six Months

ARTICLE 7-4 PLUMBING CODE (Ord 90-03/97-08)(Res 90-03)(Ord 05-06/Ord 09-35)

That a certain document three (3) copies of which are on file in the office of the Town Clerk of the Town of Quartzsite, being marked and designated as the International Plumbing Code, 2006 edition, including Appendix Chapters B, C, D, E, F, & G as published by the International Code Council, be and is hereby adopted as the Plumbing Code of the Town of Quartzsite, in the State of Arizona regulating and governing the design construction, quality of material, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Plumbing Code on file in the office of the Town of Quartzsite are hereby referred to adopted, and make a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes if any prescribed in Section 2 of this ordinance.

50

BUILDING

The following sections are hereby revised:

Section 101.1. Insert: Town of QuartzsiteSection 106.5.2 Insert: Adopted by ordinanceSection 108.4. Insert: Misdemeanor, Two thousand five hundred ($2500.00) six monthsSection 305.6.1 Insert: 12, 12Section 904.1. Insert: 12

ARTICLE 7-5 FIRE CODE (Ord. 03-04)(Res No. 06-06)

That certain code entitled 2003 Edition of the International Fire Code, copyrighted by the International Conference of Building Official is hereby adopted as the fire code of the town and made a part of this chapter the same as though said code was specifically set forth in full herein; and at least three copies of said code shall be filed in the office of the Town Clerk and kept available for public use and inspection.

ARTICLE 7-6 ABATEMENT OF DANGEROUS BUILDINGS CODE(Ord 90-06/97-11)(Res 90-06)That certain documents, three copies of which are on file in the office of the Town Clerk, being marked and designated as the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials, be and is hereby adopted as the code for the abatement of dangerous buildings of the town for the purpose of providing a just, equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by the Uniform Building Code or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished, this code shall apply to all dangerous buildings, as defined by the code, which are now in existence or which may hereafter become dangerous in the town.

ARTICLE 7-7 BUILDING OFFICIAL

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

ARTICLE 7-8 BUILDING PERMIT; FEES; AND POSTING (Ord 90-13/06-09)

A. A building permit must be applied for and issued by the building safety department prior to constructing any commercial or residential improvement, addition, renovation, or accessory structure/building which is greater than 120 square feet or that is not currently exempted from the permitting requirements of those code adopted within this chapter.

51

BUILDING

ARTICLE 7-9 INTERNATIONAL RESIDENTIAL CODE (Ord 05-02/Ord 09-34)

That a certain document three (3) copies of which are on file in the office of the Town Clerk of the Town of Quartzsite, La Paz County, Arizona, being marked and designated as the International Residential Code, 2006 edition, including Appendix Chapters A,B,C,D,E,G,H,J, & L as published by the International Code Council, be and is here by adopted as the Residential Code of the Town of Quartzsite, in the State of Arizona for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one and two family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with separate means of egress as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code on file in the office of the Town of Quartzsite are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.

The following sections are hereby revised:

Section R101.1 Insert: Town of QuartzsiteTable R301.2 (1) insert: Ground Snow Load ~ Zero

Wind Speed ~ 90Seismic Design Category ~ CWeathering ~ NegligibleFrost Line Depth ~ 12”Termite ~ Moderate to HeavyDecay ~ NoneWinter Design Temp ~39 DegreesIce Shield Underlayment Required ~ NoFlood Hazards ~ FEMA Firm MapAir Freezing Index ~ 0Mean Annual Temp ~ 73 Degrees

Section P2603.6.1 Insert: 12”, 12”Section P3103.1 Insert: 12”, 6”

ARTICLE 7-10 FUEL GAS CODE (Ord 05-05/Ord 09-31)

That a certain document three (3) copies of which are on file in the office of the Town Clerk of the Town of Quartzsite, being marked and designated as the International Fuel Gas Code, 2006 edition, including Appendix Chapters A,B, C,D as published by the International Code Council, be and is hereby adopted as the Fuel Gas Code of the Town of Quartzsite, in the State of Arizona regulating and governing the design construction, quality of material, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fuel Gas Code be on file in the office of the Town of Quartzsite are hereby referred to

52

adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes if any prescribed in Section 2 of this ordinance.

The following sections are hereby revised:

Section 101.1. Insert: Town of QuartzsiteSection 106.5.2 Insert: Adopted by resolutionSection 108.4. Insert: Misdemeanor, Two thousand five hundred ($2500.00), six Months

CHAPTER 8 BUSINESS REGULATIONS

ARTICLE 8-1 VENDOR SALES PERMIT (Ord 89-07/95-02/95-09/97-03)(Res 89-09/03-13)

8-1-1 Definitions8-1-2 Registration Required8-1-3 Vendor Sales Permit (Res 03-13)8-1-4 Non-assignability of Licenses8-1-5 Information Required (Ord 07-18)8-1-6 Fee (Res 03-13)(Res 07-20)8-1-7 Permit Required8-1-8 Park and Swap Lot Regulations8-1-9 Penalty (07-18)8-1-10 Removal of Temporary Structures (Ord. 01-12/04-06)

Section 8-1-1 Definitions

In this article, unless the context otherwise requires:

A. “Park and swap lot” means a building, structure, enclosure, lot or other area into which persons are admitted to display, exchange, barter, buy, sell or bargain for new or used merchandise, goods, food, wares or services. A park and swap lot shall be zoned C-2 (commercial) or by permission of a conditional use permit as approved by the Town Council.

B. “Park and swap meet” means activity carried on at the park and swap lot and consists of the admitting of any persons into a park and swap lot for the purpose of displaying, exchanging, bartering, buying, selling or bargaining for new and used merchandise, goods, food, wares or services.

C. “Park and swap meet owner” or “park and swap meet operator” means the person who controls the admission directly, or through agents, of persons and merchandise into the trading area.

D. “Park and swap meet participant” or “vendor” are interchangeable, means any person who is in the business of providing services or who brings goods, wares, food or merchandise, both new and second-hand, to a park and swap meet for the purpose of displaying, exchanging, bartering, buying, selling or bargaining said goods, wares, food, merchandise or services.

53

Section 8-1-2 Registration Required

Any person operating as a park and swap meet participant or vendor in the town shall register with the town and obtain a vendor sales permit showing such registration.

Section 8-1-3 Vendor Sales Permit (Res 03-13)

A. An annual vendor sales permit issued under the provisions of this article shall be displayed in a conspicuous place. This issued permit shall be effective for the fiscal year of July 1 through June 30.

BUSINESS REGULATIONS

B. The permit holder shall be entitled to commence business subject to therestriction that the permit holder shall comply with all ordinances, statutes and regulations required by federal authorities, state agencies, La Paz County and the town.

C. In the event that a person or organization is doing business and wishes to move to a new location, they shall pay the original vendor sales permit fee. This one permit fee entitles the holder to move to any park and swap lot within the town, but requires notification to the town of the new location.

Section 8-1-4 Non-assignability of Licenses

A vendor sales permit granted or issued under any of the provisions of this chapter shall not be assignable or transferable to any other business, organization or person.

Section 8-1-5 Information Required (ORD 07-18/ORD 08-14)

It shall be the duty of the town manager or such representative of the town as may be designated by the town manager, to require and obtain from every applicant purchasing a vendor sales permit the following information:

A. Name of business.B. Owner’s name.C. Permanent mailing address.D. Vehicle description and license plate number.E. Description of business activity and merchandise sold.F. Arizona transaction privilege tax license number, unless exempted by the State

of Arizona and the Town of Quartzsite as a service-oriented business.G. Specific location in the town where business is to be conducted.H. Valid Driver License or Valid Identification Number

Section 8-1-6 Fees (Res 99-01/03-13/07-20)

A fee of $50.00 shall be charged for each vendor sales permit. Council may change these fees and adopt regulations affecting this chapter by resolution. Fees collected by the town for vendor sales permit shall be designated a separate fund accounting code.

54

If a vendor is found to be doing business without a valid Town Permit, it is within the discretion of the Town Code Enforcement Official to offer an alternative to the immediate issuance of a criminal or civil citation as outlined in Section 8-1-9 of the Town Code. The fee schedule shall be the following in these circumstances and shall be cumulative:1) FIRST OFFENSE: Immediate purchase of a vendor’s permit at the current fee

of $50.00, plus an additional assessment fee of $50.00 for a total amount of $100.00.

2) SECOND OFFENSE: Immediate purchase of a vendor’s permit at the escalated permit and assessment fee of $200.00.

3) FURTHER OFFENSES: Each additional violation thereafter shall result in a doubling escalation of the permit and assessment fee.

At any time if such permit and assessment fee is not immediately paid, the vendor shall be either criminally or civilly cited for vending without a license pursuant to Section 8-1-9 (A) of the Town Code. Each violation shall be cumulative and escalation for additional violations shall follow the vendor year-to-year. If in subsequent years additional violations are committed by said vendor, the prior offenses from the preceding years shall be used as prior offenses in calculating the amount to be paid for the permit and assessment fee in applying Section 8-1-9 (B).

BUSINESS REGULATIONS

Section 8-1-7 Permit RequiredA. It shall be unlawful for any vendor to commence, transact or carry on any trade,

calling, profession or occupation, as set forth in this article, without first having obtained a valid vendor sales permit from the town. Furthermore, vendor shall comply with any and all licensing and regulation of such trade, business, calling, profession or occupation as may be required by the federal authorities, state agencies, La Paz County and the town.

B. The practicing, transaction or carrying on of any trade, business, calling, profession or occupation specified in this article without complying with any and all regulations, statutes or ordinances of the government entities as stated above, shall constitute a violation of this article.

C. The granting of a vendor sales permit is not deemed as evidence of proof that the vendor has complied with all provisions of this chapter nor shall it stop the town in seeking remedy for any violation of this chapter.

D. The fact that a person or organization is engaged in any business which, pursuant to this article requires a vendor sales permit, or that such person or organization has exhibited a sign indicating such business is being pursued shall be prima facie evidence of the responsibility of such person or organization to pay a vendor sales permit fee.

E. In any criminal or action brought for the violation of any of the provisions of this chapter, in the absence of evidence by the defendant otherwise, it shall be presumed that no vendor sales permit has been issued and the burden of proof as to the issuance of the permit shall be upon the defendant.

55

Section 8-1-8 Park and Swap Lot Regulations

A. Park and swap lots shall be zoned C-2 (Commercial) unless approved as outlined in the conditional use permit process in the planning and zoning ordinance.

B. The park and swap lot owner or park and swap lot operator shall notify the town of the presence of any vendor on his lot that does not have a current and valid vendor sales permit.

C. The fire department shall have the authority to enforce the Uniform Fire Code as it concerns code violations on any park and swap lot, including vendor’s tents, canopies and temporary structures.

Section 8-1-9 Penalty (Ord 07-18/07-20)

A. Any person, or organization vending in the Town without possessing a valid vendor sales permit or business license shall immediately cease and desist vending until having complied with this chapter and purchased a valid vendor sales permit.

BUSINESS REGULATIONS

B. In the alternative to issuing a citation and solely within the discretion of the Town Code Enforcement Official, a vendor who fails to obtain a vendor’s permit prior to doing business may be given the choice of two options, to either:

1) Immediately purchase a vendor’s permit at the fee adopted by the Town Council, as well as be assessed a supplemental fee in addition to this permit fee, with escalation of such fees for any future violations (as set by resolution pursuant to Section 8-1-6); or,

2) Immediately be issued a criminal or civil citation pursuant to Section 8-1-9(A).

Section 8-1-10 Removal of Temporary Facilities or Structures (Ord 01-12/Ord 04-06)

A. Vendor’s tents, tent frames, canopies, canopy frames and all temporary structures in any park and swap lot must be removed no later than 10 days after the vendor has closed his or her business. For purposes of this section, closure of business shall be deemed to have occurred 10 days after the vendor has ceased conducting any business at the tent, canopy or temporary structure. It shall be the property owner’s responsibility to remove such temporary facility/structure.

ARTICLE 8-2 BUSINESS LICENSE CODE (Ord 90-17)(Res 90-29)

8-2-1 License Required8-2-2 Issuance of License8-2-3 Payment8-2-4 Posting of License8-2-5 Exhibition of License Required

56

8-2-6 License Not Transferable8-2-7 Exemption8-2-8 Fees8-2-9 Information Required

Section 8-2-1 License Required

It is unlawful for any person to carry on any trade calling, profession, occupation or business, specified in this article, without first having procured a license from the town to do so either pursuant to Article 8-1 or this article and without complying with any and all regulations of such trade, calling, profession, occupation or business as specified in this article.

Section 8-2-2 Issuance of License

A. It shall be the duty of the clerk to prepare and issue a license under this article for every person, firm, company or corporation liable to pay a license fee hereunder, and to state in each license the amount charged, the period of time covered, the name of the person, firm or corporation for whom issued, 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.

BUSINESS REGULATIONS

B. In no case shall any mistake of the clerk, in stating the amount of a license, prevent or prejudice the collection by the town of what shall be actually due from anyone carrying on a trade, calling, profession, occupation or business, subject to license under this article.

Section 8-2-3 Payment

A. All business license fees shall be paid at the office of the town clerk in such manner as may be specified by the clerk. Such license fees shall be paid in the amounts and be due on the dates set forth in Section 8-2-8 of this code.

B. A separate license must be obtained for each branch establishment or separate place of business in which any trade, calling, profession, occupation or business is carried on. Each license shall authorize the person obtaining such license to carry on, pursue or conduct, only that trade, calling, profession, occupation or business described in such license and only at the location or place of business which is indicated.

Section 8-2-4 Posting of License

Every person, firm, company or corporation having a license under the provisions of this article, and carrying on a trade, calling, profession, occupation or business at a fixed place of business shall keep such license posted and exhibited, while in force, in some conspicuous part of the place of business. Every person having such a license, and not having a fixed place of business, shall carry such license with him at all times while carrying on that trade, calling, profession, occupation or business for which the same was granted. Every person, firm, company or corporation having a license under the provisions of this article shall produce and exhibit the same, when applying for a

57

renewal thereof, and whenever requested to do so by any police officer or by any other authorized to issue, inspect or collect licenses.

Section 8-2-5 Exhibition of License Required

A. The Police Chief shall have and exercise the power to make arrests and to cause complaints to be filed against all persons violating the provisions of this article.

B. The Police Chief or any duly authorized official shall have the power to enter free of charge, at any time, any place of business for which a license is required by this article, and to demand the exhibition of such license for the current term, from any person engaged or employed in the transaction of any such business. It is unlawful for such person to fail to exhibit such license when requested to do so.

BUSINESS REGULATIONS

Section 8-2-6 License Not Transferable

No license granted or issued under the provisions of this article shall be in any manner assignable or transferable to any other person, firm, company or corporation other than is therein mentioned or named without first obtaining permission from the Council.

Section 8-2-7 Exemption

Any person who has obtained a license pursuant to Article 8-1 of this code shall be exempted from having to obtain any license or pay any license tax imposed pursuant to this article. Any person wishing to sell any form of agricultural products produced by himself shall be exempted from any license tax imposed by this article for the privilege of selling such products only. Before receiving the exemption, an affidavit of the facts entitling the seller to an exemption must be filed with the clerk.

Section 8-2-8 Fees (Ord. 00-10)

All businesses, occupations, professions, trades or callings, not having first obtained a license pursuant to Article 8-1 of this code shall pay a license fee in the amount of $25.00 per year. All permits or licenses unless specifically excepted, shall be issued for a period of one year and shall run for 1-year to month of purchase when the license may be renewed, provided that no license or permit shall be renewed unless the licensee or permitee conforms with the provisions of this code. Licenses or permits issued under this code shall not be transferable.

Section 8-2-9 Information Required (ORD 08-14)

58

It shall be the duty of the town manager or such representative of the town as may be designated by the town manager to require and obtain from every applicant for a license or permit under this code the following information:

A. NameB. Permanent and local addressC. Business addressD. A brief description of the nature of business conducted and goods being soldE. Arizona transaction privileged tax license number, unless exempted by the State

of Arizona and the Town of Quartzsite as a service-oriented business.F. Proof of compliance with the town tax codeG. Driver’s license number and state where issuedH. Date of birthI. Name of all individuals working with applicantJ. Signature of applicant

CHAPTER 9 TRANSACTION PRIVILEGE TAX

ARTICLE 9-1 ADOPTION OF TAX CODE

That certain code entitled the Tax Code of the Town of Quartzsite including any amendments thereto is hereby adopted by reference and made a part of this code the same as though said code was specifically set forth in full herein. At least three copies of said code shall be kept on file in the office of the town clerk.

(Ord 89-06/89-11/89-12/89-13/90-08/94-03/95-01/95-07/98-05/98-06/99-04)(Res 89-08/90-17/95-01/96-23/98-12/99-21)

59

CHAPTER 10 HEALTH & SANITATION

ARTICLE 10-1 GARBAGE AND TRASH REMOVAL

10-1-1 Vehicles and Receptacles to be Spill-proof10-1-2 Spilled Refuse10-1-3 Dumping Refuse

Section 10-1-1 Vehicles and Receptacles to be Spill-proof

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.

Section 10-1-2 Spilled Refuse

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.

Section 10-1-3 Dumping Refuse

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 as specifically permitted in this chapter.

ARTICLE 10-2 REMOVAL OF LITTER

10-2-1 Definitions10-2-2 Litter on Private Premises10-2-3 Owner to Maintain Premises

60

10-2-4 Placement of Debris10-2-5 Procedure to Compel Removal of Litter10-2-6 Notice to Remove10-2-7 Service of Notice10-2-8 Appeal to Council10-2-9 Removal by Town10-2-10 Lien for Removal

Section 10-2-1 Definitions

In this article, unless the context otherwise requires:

A. “Litter” means any rubbish, trash, weeds, filth and debris which shall constitute a hazard to public health and safety and shall include all putrescible and non-putrescible solid wastes including garbage, trash, ashes, street cleaning, dead animals, abandoned automobiles and solid market and industrial waste; any deposit, accumulation, pile or heap of brush, grass, debris, weeds, cans, cloth, paper, wood, rubbish or other unsightly or unsanitary matter of any kind whatsoever; and any growth of weeds, brush, grass or other vegetable growth to a height of over six inches.

HEALTH & SANITATION

B. “Private premises” means any dwelling, house, building or other structure, designed or used either wholly or in part for residential, commercial or industrial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibules belonging or appurtenant to such dwelling, house, building or other structures.

C. “Public place” means any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.

Section 10-2-2 Litter on Private Premises

A. It is unlawful for any person to throw or deposit litter in or upon any street, alley, private grounds, public grounds, school grounds or church grounds.

B. Any violation of this section shall be punishable by a fine of no more than $500.00 or no more than thirty days in jail or both.

Section 10-2-3 Owner to Maintain Premises

A. The owner or person in control of any private premises shall at all times maintain the premises free of litter, provided that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

B. Any violation of this section shall be punishable by a fine of no more than $500.00 or no more than thirty days in jail or both.

61

Section 10-2-4 Placement of Debris

A. Any person, firm or corporation who shall place any rubbish, trash, filth or debris upon any private or public property not owned or under the control of said person, firm or corporation shall be guilty of a misdemeanor and, in addition to any fine which may be imposed for violation of any provision of this section, shall be liable for all costs which may be assessed pursuant to this article for the removal of said rubbish, trash, filth or debris.

B. Any violation of this section shall be punishable by a fine of no more than $500.00 or no more than thirty days in jail or both.

Section 10-2-5 Procedure to Compel Removal of Litter

The town manager shall enforce the provisions of Sections 10-2-2, 10-2-3 and 10-2-4 by prosecuting violators in the town magistrate’s court pursuant to the criminal provisions of said sections or in the event of inability to prosecute violators by reason of failure to secure jurisdiction over their persons, the manager shall compel the removal of litter by the procedure outlined in Sections 10-2-6 through 10-2-10 hereof.

HEALTH & SANITATION

Section 10-2-6 Notice to Remove

To compel the removal of litter through the provisions of this section and of Sections 10-2-7 through 10-2-10, if a person owning or controlling any property fails, neglects or refuses to remove or properly dispose of litter, located on property owned or controlled by such person, he shall be given written notice by certified mail by the manager to remove all litter from such property within thirty days from the date the notice was received by him, and prior to the date of compliance on the notice. Such notice shall be received not less than thirty days before the date set thereon for compliance and shall contain an estimate of the cost of removal by the town, a statement that unless the person owning or controlling such property complies therewith within thirty days from the date such written notice is received that the town will, at the expense of the person owning or controlling said property, perform the necessary work at a cost not to exceed the estimate given in the notice, and that, such person may appeal in writing to the Council within thirty days from the date the notice is received by him and prior to the date of compliance. An extension of the thirty-day notice may be issued by the manager in hardship cases not to exceed two weeks from the date of compliance.

Section 10-2-7 Service of Notice

Notice shall be personally served on the owner or person controlling such property, by a police officer of the town in the manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, or mailed to the owner or person controlling such property at his last known address by certified or registered mail, or the address to which the tax bill for the property was last mailed. If the owner does not reside on such property, a duplicate notice shall also be sent to him by certified or registered mail at his last known address.

Section 10-2-8 Appeal to Council62

Prior to the date set for compliance on the notice, the owner or person controlling such property may appeal in writing to the Council from the demand of the manager. The Council shall, at its next regular meeting after receiving the appeal, hear and determine the same and the decision of the Council shall be final. The Council may either affirm or reverse the decision of the manager or modify the scope of the work as required in the notice.

Section 10-2-9 Removal by Town

When any such person whom notice, as aforesaid, has been given, and on or before the date of compliance on the notice, or within such further time as may have been granted by the Council on appeal, fails, neglects or refuses to move from such property any or all litter, the manager is authorized to cause same to be removed and disposed of at the expense of the owner or person controlling such property. Upon completion of the work, the manager shall prepare a verified statement of account of the actual cost of such removal or abatement, the date the work was completed, and the street address and the legal description of the property on which said work was done, including five percent for additional inspection and other incidental costs in connection therewith, and shall serve a duplicate copy of such verified statement upon the person owning or controlling such property in the manner prescribed in Section 10-2-7. The owner or

HEALTH & SANITATION

person controlling such property shall have thirty days from the date of service upon him to appeal in writing to the Council from the amount of the assessment as contained in the verified statement. If an appeal is not filed with the manager within such thirty day period, then the amount of the assessment as determined by the manager shall become final and binding. If an appeal is taken, the Council shall, at its next regular meeting, hear and determine the appeal and may affirm the amount of the assessment, modify the amount thereof, or determine that no assessment at all shall be made. The decision of the Council shall be final and binding on all persons.

Section 10-2-10 Lien for Removal

If no appeal is taken from the amount of the assessment, or if an appeal is taken and the Council has affirmed or modified the amount of the assessment, 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 subject and inferior to the lien for general taxes and to all prior recorded mortgage and encumbrances of record. A sale of the property to satisfy a lien obtained under the provisions of this section 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 such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action.

ARTICLE 10-3 OPEN BURNING (Ord No 07-02)

63

10-3-1 General Provisions

Section 10-3-1 General Provisions

A. Applicability:

1. General Prohibition.Notwithstanding the provisions of any other rule in this Chapter, and subject to the exemptions set forth in this section, it is unlawful for any person to ignite, cause to be ignited, permit to be ignited, or suffer, allow or maintain any open outdoor fire.

 2. Conditional Exemptions.Provided a public officer, as defined in the subsections below, gives permission in writing for a fire, and immediately transmits a copy of such written permission to the Director of the Department of Environmental Quality and to the Delegated Authority, and further provided that the setting of any such fire shall be conducted in a manner and at such time as approved by the Delegated Authority, unless doing so would defeat the purpose of the exemption, the following fires are exempt from this Article:

CHAPTER 11 OFFENSES

ARTICLE 11-1 OFFENSES – GENERAL

11-1-1 Dangerous Constructions11-1-2 Excavations to be Covered11-1-3 Explosives11-1-4 Reserved for Future Use11-1-5 Minors11-1-6 Anti-Noise11-1-7 Obstruction of View11-1-8 Offensive Business11-1-9 Offensive Premises11-1-10 Prostitution11-1-11 Searchlights11-1-12 Signs and Banners11-1-13 Spitting11-1-14 Water – Flow Upon Streets Prohibited11-1-15 Loitering11-1-16 Obstruction of Streets, Sidewalks or Other Public Grounds; Free

Use of Property from Injurious, Indecent or Offensive Acts

Section 11-1-1 Dangerous Constructions

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

Section 11-1-2 Excavations to be Covered

A. It is unlawful for any person to make any excavation or dig any hole, drain or 64

ditch in any highway or thoroughfare in the town without providing a sufficient light at night and a temporary fence or suitable obstruction around or in front of such excavation to protect the public during the day.

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

Section 11-1-3 Explosives

It is unlawful for any person within the limits of the town to blast or use powder, fireworks or other explosives without a permit from the chief of police in writing.

Section 11-1-4 Reserved for Future Use

OFFENSES

Section 11-1-5 Minors

It is unlawful for any person seventeen years old or under to idle or loiter upon the streets or public places of the town between the hours of ten o’clock p.m. and six o’clock a.m. unless such person is accompanied by a parent, guardian or other person of lawful age having legal custody of such person. It is unlawful for any parent, guardian or other adult person having the care and custody of such person to encourage or allow such person to idle or loiter upon the streets or public places between the hours specified in this section unless accompanied by such parent or guardian. The provisions of this section shall not apply when the person is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the person.

Section 11-1-6 Anti-Noise (Ord 97-06)(Ord 03-01)

A. It is hereby declared to be a public nuisance, and it is unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store, RESIDENCE or any place of public, PUBLIC PLACE, OR AREA OF amusement, entertainment or accommodation, to play or permit to be played any music or musical instrument whether played by individuals, orchestra, radio, phonograph, music box, VEHICLE “BOOM BOX”, or other mechanical device or means in such a loud or unusual manner as to be offensive to the senses, or so as to disturb the slumber, peace and quiet, or otherwise interfere with or annoy the comfortable enjoyment of life or property of any person or neighborhood and is no less a nuisance because the extent of the annoyance inflicted is unequal.

B. It is unlawful to play, operate or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or sound

65

amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle shall have first applied to and received permission from the chief of police to operate any such vehicle so equipped.

C. It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing or unnecessary noise in the town that produces annoyance, inconvenience, discomfort or hurt to any person, or to the enjoyment of property or comfort of any person, or affect the safety, health or morals of the public.

D. It is unlawful for an operator of a diesel-powered motor vehicle having a load capacity of two tons or more to allow said vehicle to idle for a period of time in or adjoining a neighborhood within the town limits. This provision shall not apply to vehicles being repaired nor to vehicles engaged in loading or unloading cargo.

OFFENSES

E. It shall be unlawful for any person to operate a truck or other motor vehicle in such a manner as to cause the engine to emit additional noise from its exhaust or muffler system through deceleration or through a practice using the truck’s or vehicle’s engine as a brake i.e. unmuffled compression brake, except in circumstances of emergency for the protection of persons or property.

F. The standard to be adopted in evaluating a violation under this Section shall be that of a “reasonable man” of ordinary sensitivities.

Section 11-1-7 Obstruction of View

It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

Section 11-1-8 Offensive Business

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.

Section 11-1-9 Offensive Premises

It is unlawful for any person to suffer, or permit any premises belonging to or occupied by him, 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.

66

Section 11-1-10 Prostitution

It is unlawful for any person to practice prostitution, to patronize a prostitute or to solicit any person to visit or patronize a prostitute or place of prostitution.

Section 11-1-11 Searchlights

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.

Section 11-1-12 Signs and Banners

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 Council.

OFFENSES

Section 11-1-13 Spitting

It is unlawful for any person to spit upon any of the public sidewalks or crosswalks in the town or upon any public path, by-way or highway, or in or on any public ground or park in the town or upon the floor or interior of any public building in the town.

Section 11-1-14 Water – Flow Upon Streets Prohibited

A. 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.

B. 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, deliver 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 him.

Section 11-1-15 Loitering (Ord 96-01)

A. It shall be unlawful for any person to loaf, loiter or congregate upon any of the rights of way in the town so as to obstruct the use of the rights of way.

B. It shall be unlawful for any person who is not properly authorized to be within any town park, playground or recreational area during the hours of closure for such

67

premises as established by the town’s Parks and Recreation Board.

C. It shall be unlawful for any person to linger, loiter or otherwise use for business or social purposes any public room in any place of public accommodation after such person has been notified by the owner or manager thereof, or his agent, to leave the premises and not return.

Section 11-1-16 Obstruction of Streets, Sidewalks or Other Public Grounds; Free Use of Property from Injurious, Indecent or Offensive Acts (Ord 96-01)

It shall be unlawful for any person to obstruct any public street or alley, sidewalk or park or other public grounds within the town by committing any act of, or doing anything which is injurious to the health, or indecent or offensive to the senses, or to do in or upon any such streets, alleys, sidewalks, parks or other public grounds, any act or thing which is an obstruction or interference to the free use of any property or with any business lawfully conducted by anyone, in or upon, or facing or fronting on any of such streets, alleys, sidewalks, parks or other public grounds in the town.

OFFENSES

ARTICLE 11-2 OFFENSES – PARK (96-05)

11-2-1 Alcoholic Beverages in Parks11-2-2 Hours of Operation; Loitering11-2-3 Riding Vehicles on Grounds11-2-4 Damaging Facilities11-2-5 Park Regulations

Section 11-2-1 Alcoholic Beverages in Parks

A. It is unlawful for any person, while on the premises of any town park, to commit any of the following acts:

1. Drink or have in his possession any alcoholic beverage except with a permit as provided in subsection C of this section.

2. Have in his possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, its seal broken or the contents of which have been partially removed except with a permit as provided in subsection C of this section.

B. Upon conviction for violation of this section, the sentence to be imposed shall be a fine of not more than $500.00 or imprisonment for not more than thirty days, or both.

C. A permit is required to allow alcoholic beverage consumption and possession in the town parks which will be issued by the chief of police or his agent. The chief of police or any of his agents reserves the right to refuse or revoke any permits issued or to be issued.

68

Section 11-2-2 Hours of Operation; Loitering

A. All municipal parks, playgrounds and recreational facilities shall be open for the use of the general public between the hours of 6:00 a.m. and 10:00 p.m.

B. No person shall loiter upon the grounds of any municipal park, playground, recreational area or facility, without the express written permission of an authorized representative of the town between the hours of 10:00 p.m. and 6:00 a.m.

Section 11-2-3 Riding Vehicles on Grounds

No person shall drive or ride at any time any automobile, truck, motorcycle, motor scooter, horse or other motor vehicle or animal upon the grounds of any municipal park, playground, recreations area or facility, except within designated parking areas located upon the premises, without the express permission of the town or an authorized representative of the town.

OFFENSES

Section 11-2-4 Damaging Facilities

No person shall damage or wastefully or improperly use any temporary or permanent fixture in any municipal park, playground, recreation area or facility or cause the lighting facilities or electrical appliances to be turned on or used without the express permission of the town or an authorized representative of the town.

Section 11-2-5 Park Regulations

The following rules and regulations shall apply to all users of the Quartzsite Town Park (hereinafter sometimes referred to as the park). Rules and regulations as established herein shall be posted at park entrances and be available at the town hall.

A. The park is available on a first come, first served basis except:

1. During scheduled events, a portion of park facilities may be unavailable.

2. Reservable Ramadas. There are six small and one large ramada in the park. A maximum number of seven ramadas may be reserved on any given day. A reservation must be made in person or by mail to the town office, located at 465 N. Plymouth Avenue between 8:00 a.m. and 5:00 p.m., Monday through Friday (except holidays) and paid for at that time. The fee is $10.00.

3. All parties of 50 or more persons wanting to use the park are required to get a permit from the town. There is no charge unless also reserving a ramada.

B. Park hours are from daylight to 10:00 p.m. No one is allowed in the park after 69

10:00 p.m., except during a scheduled town activity or event, or without a special use permit from the town.

C. Maximum speed limit within the park is 15 miles per hour.

D. No vehicles are allowed inside of the park except on designated roads and parking areas. ATVs and other off-road vehicles are not allowed in the park unless such vehicle is licensed by the Department of Motor Vehicles and then only on designated roads and in designated parking areas.

E. Parking within the park is allowed only in designated areas.

F. Dumping of domestic or commercial trash within the park is strictly prohibited.

G. Littering is not allowed; each person or group is responsible for the cleanup of the area of the park which they use.

H. There is no overnight camping allowed in the park. There is no overnight parking of recreation vehicles allowed in the park except when authorized in connection with a special event permit.

OFFENSES

I No campfires allowed in the park except in grills provided, unless a fire container has been approved through the town.

J. Firearms, B.B. guns, blow guns, slingshots and archery are not allowed in the park, except in designated areas.

K. Discharging of firearms, firecrackers, rockets or any other fireworks within the park is prohibited without a permit.

L. Excessive noise will not be permitted.

M. Dogs must be on a leash at all times in the park. Pets are subject to the town’s animal control ordinance.

N. Hunting, trapping, catching, wounding or killing, or treating cruelly, attempting to catch, wound or kill, any bird or animal, molest or rob any nest of any kind or any lair or burrow of any animal within the park is strictly prohibited.

O. No alcoholic beverages may be consumed south of Senter Street except within 100 feet of the baseball park concession stand.

P. Alcoholic beverages cannot be sold in the park without a special event liquor license obtained pursuant to Section 11-2-1.

Q. Glass containers are not allowed in the park.

R. Intentional destroying, damaging, injuring, defacing, removing or disturbing of any natural feature, tree, shrub, wild flower, public building, sign, equipment or other structure or property within the park is prohibited as herein provided.

70

S. The park shall not be used for profit or personal gain. Events for non-profit organizations where an admission fee or a donation is charged can only be held in the park with the permission of the town. A use fee may be charged.

T. Park users shall abide by all current fire rules and restrictions.

U. Children, age eight and under, must be supervised by an adult while playing on the playground equipment.

ARTICLE 11-3 ALCOHOLIC BEVERAGES IN A MOTOR VEHICLE

A. No person shall drink any alcoholic beverage while in a motor vehicle upon a street or highway within the town limits.

B. No person shall have in his possession on his person, while driving a motor vehicle upon a street or highway within the town limits, any bottle, can or other receptacle containing alcoholic beverages which has been opened, or the seal broken or the contents of which have been partially removed.

OFFENSES

C. No person shall have in his possession, while in a motor vehicle upon a street or a highway within the town limits, any bottle, can or other receptacle, containing any alcoholic beverage which has been opened, or the seal broken or the contents of which have been partially removed.

D. It is unlawful for the registered owner of any motor vehicle, or the driver if the registered owner is not then present in the vehicle, when such vehicle is upon a street or highway within the town limits, of have any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or the seal broken or the contents of which have been removed, unless such container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

ARTICLE 11-4 DISPOSAL OF ABANDONED, LOST OR STOLEN PERSONAL PROPERTY (Ord 96-09)

11-4-1 Definitions11-4-2 Disposal of Weapons11-4-3 Disposal of Spirituous Liquor11-4-4 Disposal of Property Used in the Commission of a Crime11-4-5 Disposal of Other Property11-4-6 Disposal of Money11-4-7 Conversion to Town Use11-4-8 Certificate of Ownership, Sale11-4-9 Town Employees or Elected Officials Excluded11-4-10 Notices11-4-11 Money and Property Not Claimed and Taken Away

71

11-4-12 Records

Section 11-4-1 Definitions

In this article, unless the context otherwise requires:

A. “Abandoned property” means that personal property to which the owner has relinquished all right, title, claim and possession, with the intention of not reclaiming it or resuming its ownership, possession or enjoyment.

B. “Dangerous instrument” means any other object which is capable of inflicting pain or bodily injury.

C. “Explosive” means any dynamite, nitroglycerine, black powder or other similar explosive material including plastic explosives but does not mean or include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes.

OFFENSES

D. “Finder” means a person, not an owner, who accidentally and lawfully comes into possession of personal property. A finder shall not be an employee or elected official of the town.

E. “Lost property” means personal property with which the owner has casually and involuntarily parted and does not know where to find or recover it. Lost property shall not include property which has been intentionally concealed or deposited in a secret place for safe keeping.

F. “Owner” means the person in whom is vested the legal right, ownership, dominion or title of personal property. Owner may also include a person in whose favor there is a security interest or who is the beneficiary of a perfected lien or an encumbrance pertaining to an interest in personal property, but such person shall not have right superior to the owner who is not a secured party.

G. “Personal property” means that kind of property which usually consists of things tangible and movable which is not real property. As used in this article, personal property shall not include motor vehicles or animals.

H. “Spirituous liquor” includes, but is not limited to, alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor, malt beverage, absinthe or compound or any mixture of any alcohol, bitters, bitters containing alcohol, and any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits or other edibles preserved in ardent spirits, and beverages containing more than one-half of one percent of alcohol by volume.

I. “Stolen property” means that personal property which has been unlawfully taken and carried away without right or pretense of title, and without leave or

72

consent of the owner.

J. “Weapon” means any firearm, including but not limited to, deadly or non-deadly, spring gun, air gun or gas operated gun or any other like device capable of discharging a dangerous or deadly missile, or any other thing designed for lethal use or which is capable of inflicting serious bodily injury. Weapon shall not include a firearm in permanently inoperable condition.

Section 11-4-2 Disposal of Weapons

A. All weapons, explosive or other dangerous instruments which are seized by police officers in the line of duty and forfeited in accordance with Title 13, Arizona Revised Statutes or any other applicable state or federal law.

B. All weapons, explosives or other dangerous instruments which are seized, confiscated or impounded as a result of an arrest pertaining to the commission of a crime may be returned to a person when permitted by law after such person is adjudged not guilty or where all criminal charges are dismissed.

OFFENSES

C. If the owner of a lost, abandoned or stolen weapon cannot be located within ninety days from the date such a weapon comes into police custody, the weapon shall be returned to the finder where permitted by law. In the event the finder does not want the weapon or the finder fails to respond to notices, the weapon shall become the property of the Town Police Department to be disposed of pursuant to the discretion of the Town Police Department.

Section 11-4-3 Disposal of Spirituous Liquor

A. Spirituous liquor seized by a police officer in the line of duty pursuant to a violation of any federal, state or local law shall be destroyed by the Town Police Department sixty days following the conviction of the owner or possessor of such spirituous liquor.

B. In the event that such person is found not guilty or in the event that all criminal charges against such person are dismissed, the spirituous liquor may be returned to the owner where permitted by law.

C. Lost, abandoned or stolen spirituous liquor that is in the possession of the Police Department may be returned to the owner where permitted by law if claimed by the owner within ninety days after coming into possession of the Town Police Department.

Section 11-4-4 Disposal of Property Used in the Commission of a Crime

Upon the conviction of any person for the violation of a criminal offense as defined in Title 13, Arizona Revised Statutes, or other applicable federal state or local laws, personal property which was seized, confiscated or otherwise impounded by police

73

officers in the line of duty shall be destroyed or otherwise disposed of in accordance with Arizona Revised Statutes or other applicable federal, state or local laws.

Section 11-4-5 Disposal of Other Property

A. Lost, abandoned or stolen personal property received or in the custody of the Town Police Department shall be retained for a period of ninety days. During this ninety day period, the Town Police Department shall make reasonable attempts to identify the owner of such personal property and to notify the owner that the personal property is in the custody of the Town Police Department. Personal property shall be returned to the owner upon satisfactory proof of ownership.

B. In the event that an owner does not respond to notices concerning personal property, or in the event that an owner disclaims interest or otherwise declines to reclaim the personal property, the personal property shall be offered to the finder if identified.

C. In the event that personal property is offered to a finder, a finder shall be entitled to written notice pursuant to Section 11-4-10.

OFFENSES

D. If a finder or owner fails to respond within the specified time, the personal property shall be considered forfeited and may be sold at public auction, may become the property of the town, or may be destroyed at the discretion of the Town Police Department.

Section 11-4-6 Disposal of Money

A. Money or currency, excepting rare coins or coins or currency with numismatic value, as determined by the Town Police Department, which is received or in the custody of the Town Police Department shall be retained for a period of ninety days and then shall be deposited in the general fund of the town finance director in the event an owner or finder, after written notice as set forth in Section 11-4-10, does not claim or reclaim possession of such money or currency.

B. Rare coins or coins and currency with numismatic value shall be disposed of in accordance with the provisions of this article.

Section 11-4-7 Conversion to Town Use

Personal property that has not been reclaimed by an owner or claimed by a finder in accordance with the provisions of this article, may be converted to town ownership and used at the discretion of the Town Police Department.

Section 11-4-8 Certificate of Ownership, Sale

A. On delivery of personal property to a finder in accordance with the provisions of this article, the Police Chief or his designee shall execute a certificate of ownership of the personal property to the finder which certificate shall pass title of the personal property to the finder.

74

B. On delivery of personal property to a purchaser of any personal property sold under the provisions of this article, a certificate of ownership shall be issued by the Police Chief or his designee which certificate shall pass title of the personal property to the purchaser.

C. On the delivery of personal property or other forfeiture of personal property to the town, a certificate of ownership shall be issued by the Police Chief or his designee to the town which certificate shall pass title of the personal property to the town.

Section 11-4-9 Town Employees or Elected Officials Excluded

Employees or elected officials of the town who find or otherwise come into possession of lost, abandoned or stolen property shall not claim any right title or interest in the personal property. Any and all lost, abandoned or stolen personal property found or otherwise coming into possession of a town employee or elected official shall be relinquished to custody of the Town Police Department.

OFFENSES

Section 11-4-10 Notices

A. Written notice shall be given to owners and finders (if applicable) of personal property before such property may be sold or otherwise disposed of in accordance with the provisions of this article. Such written notices shall provide at least the following information:

1. A description of the property.2. The approximate date the property was seized, received or put in the

custody of the Town Police Department.3. The date on which the personal property will be sold or otherwise

disposed of if not claimed.

B. Written notice shall be sent to owners and finders (if applicable) by:

1. Personal service.2. Mailing a copy of the notice by first class mail to the last known address.3. In the event that an address is not known, by posting a notice in a public

place within the town office for a period of fourteen days.

C. A maximum of two notices shall be mailed to an owner of personal property. The first notice shall be mailed within fourteen days after the personal property comes into custody of the Town Police Department. The second notice shall be mailed not more than fourteen days after the first notice.

D. Only one notice shall be mailed to the finder of personal property within fourteen days after the personal property comes into custody of the Town Police Department.

75

E. Owners and finders of personal property shall claim or make arrangements to claim personal property no later than the date specified in the notice or within fifteen days of the date of written notice, or posting of a written notice.

Section 11-4-11 Money and Property Not Claimed and Taken Away

If money and property as described above is not claimed and taken away after ninety days, it will be handled in accordance with the provisions of this article.

CHAPTER 12 TRAFFIC; MOTOR VEHICLES

ARTICLE 12-1 ADMINISTRATION

12-1-1 Duty of Police Department12-1-2 Records of Traffic Violations12-1-3 Police Department to Investigate Accidents12-1-4 Traffic Accident Studies12-1-5 Traffic Accident Reports

Section 12-1-1 Duty of Police Department

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

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

C. The duties imposed on the police department by this chapter may be performed by a police agency under contract with and authorized by the town.

Section 12-1-2 Records of Traffic Violations

A. The police department, under the direction of the police chief, shall keep a record of all violations of the traffic laws of the town or of the state vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such record shall accumulate during at least a five-year

76

period and from that time on the record shall be maintained complete for at least the most recent five-year period.

B. All forms for records of violation and notices shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms.

C. All records and reports shall be public records.

Section 12-1-3 Police Department to Investigate Accidents

It shall be the duty of the police department, under the direction of the police chief, to investigate traffic accidents and to arrest and assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

TRAFFIC; MOTOR VEHICLES

Section 12-1-4 Traffic Accident Studies

Whenever the accidents at any particular location become numerous, the police chief shall conduct studies of such accidents and determine remedial measures.

Section 12-1-5 Traffic Accident Reports

A. The police department, under the direction of the police chief, shall maintain a suitable system of filing traffic accident reports. Accident reports or cards referring to them shall be filed alphabetically by location.

B. The police department, under the direction of the police chief, shall receive and properly file all accident reports made to it under state law or under any law of the town. All such accident reports made by drivers shall be for the confidential use of the town. No such report shall be admissible in any civil or criminal proceeding other than upon request of any person making such report or upon request of the court having jurisdiction, to prove compliance with the laws requiring the making of any such report.

ARTICLE 12-2 TRAFFIC CONTROL

12-2-1 Directing Traffic12-2-2 Obedience to Traffic Regulations12-2-3 Use of Coasters, Roller Skates and Similar Devices Restricted12-2-4 Traffic Control Devices12-2-5 Authority to Designate Crosswalks, Establish Safety Zones and

Mark Traffic Lanes12-2-6 Authority to Place and Obedience to Turning Markers12-2-7 Authority to Place and Obedience to Restricted Turn Signs12-2-8 Limitations on Turning Around12-2-9 One-Way Streets and Alleys

77

12-2-10 Regulation of Traffic at Intersections12-2-11 Drivers to Obey Signs12-2-12 Processions12-2-13 Speed Limits

Section 12-2-1 Directing Traffic

A. The police officers are hereby authorized to direct all traffic by voice, hand or signal.

B. Firefighters, when at the scene of a fire, may direct or assist a police officer in directing traffic thereat or in the immediate vicinity.

TRAFFIC; MOTOR VEHICLES

Section 12-2-2 Obedience to Traffic Regulations

It is unlawful, except as otherwise provided in this code, for any person to do any act forbidden or fail to perform any act required by this chapter or willfully fail or refuse to comply with any lawful order or direction of a police officer or of any fire department official.

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

No person upon roller skates or riding any coaster, toy vehicle or similar device shall go upon any roadway except while crossing a street on a crosswalk, and, when crossing, such person shall be granted all the rights and shall be subject to all of the duties applicable to pedestrians.

Section 12-2-4 Traffic Control Devices

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

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

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

78

The police chief is hereby authorized, on approval by the Council:

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

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

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

TRAFFIC; MOTOR VEHICLES

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

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

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

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

A. The police chief, on approval by the Council, is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn and shall place 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 turns are permitted.

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

Section 12-2-8 Limitations on Turning Around

The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district nor shall a driver upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.

Section 12-2-9 One-Way Streets and Alleys79

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

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

Section 12-2-10 Regulation of Traffic at Intersections

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

TRAFFIC; MOTOR VEHICLES

B. When any resolution of the Council shall designate any through street or intersection where vehicles are to stop or yield the right-of-way, the police chief shall erect and maintain the appropriate signs at every location where a vehicle must stop or yield the right-of-way.

Section 12-2-11 Drivers to Obey Signs

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

Section 12-2-12 Processions

A. No procession or parade, except funeral processions, shall be held without first securing a permit from the police chief, and all such requests for permits shall state the time, place of formation, proposed line of march, destination and such other information as the police chief may request.

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

C. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designed. This provision shall not apply at intersections where traffic is controlled by traffic control signals or a police officer.

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

Section 12-2-13 Speed Limits (Ord 91-01)

80

A. No person shall drive a vehicle on any street, except state highways, within the town limits at a speed in excess of twenty-five miles per hour, except as expressly hereinafter provided, and any speed in excess of this speed shall be prima facie evidence that the speed is too great and therefore unreasonable and unlawful.

B. For those specific streets or portions thereof as designated in this subsection, no person shall drive a vehicle in excess of the speed as specifically designated for said street or portion thereof, and any speed in excess of this speed shall be prima facie evidence that the speed is too great and therefore unreasonable and unlawful.

1. For Kofa Drive between Graber Road and Tyson Drive the speed limit shall be thirty-five miles per hour;

TRAFFIC; MOTOR VEHICLES

2. For Plymouth Road between Tyson Drive and Mockingbird Lane the speed limit shall be thirty-five miles per hour;

3. For Tyson Drive between Kofa Drive and Plymouth Road the speed limit shall be thirty-five miles per hour;

4. For all streets or portions thereof that shall extend through and be bounded on both sides by a public park the speed limit shall be fifteen miles per hour for that portion of the street as is contained within the boundaries of said park.

C. The maximum lawful speed as provided in this section shall be reduced to that which is reasonable and prudent under the conditions and having regard to the actual potential and potential hazards then existing as per subsection D of the A.R.S. § 28-701.

D. No person shall drive a motor vehicle at a speed that is less than that which is reasonable and prudent under existing conditions.

E. Any violations or failure to perform any act required by Chapter 12 of this code constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of Title 28, Chapter 5, Articles 2, 3 and 4, Arizona Revised Statutes in reference thereto.

ARTICLE 12-3 PARKING

12-3-1 Method of Parking12-3-2 Blocking Traffic12-3-3 Parking Adjacent to Schools12-3-4 Authority to Erect Signs Restricting Parking12-3-5 Parking Vehicles on Sidewalks12-3-6 Abandoned Vehicles on Public Property12-3-7 Restricted parking Areas for the Handicapped12-3-8 Fire Lanes on Public or Private Property

81

Section 12-3-1 Method of Parking

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

Section 12-3-2 Blocking Traffic

A. No person shall stop, stand or park any motor vehicle, or other vehicle, upon a street in the town in such a manner or under such conditions as to leave available less than twenty feet of the width of the roadway for the free movement of vehicular traffic, except that a person may stop temporarily, in the actual

TRAFFIC; MOTOR VEHICLES

loading or unloading of passengers or, when necessary, in the observance of traffic signs or signals of a police officer.

B. No person shall park a motor vehicle, or other vehicle, within an alley or entrance to a private driveway except for the loading or unloading of material, and not then unless such loading or unloading can be accomplished without blocking the alley to the free movement of vehicular traffic.

Section 12-3-3 Parking Adjacent to Schools

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

Section 12-3-4 Authority to Erect Signs Restricting Parking (Res 92-14)

The police chief, upon approval by the Council, may erect signs 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 in any way that may be necessary. No parking restrictions shall become effective until such restricted parking area is specifically designated by resolution of the Council and signs have been erected as authorized by this section. No person shall stop or stand a vehicle in disobedience to such parking restrictions.

Section 12-3-5 Parking Vehicles on Sidewalks (Ord 98-01)

No person shall park any vehicle, whether in usable condition or not, nor shall an owner permit his vehicle to be parked upon any sidewalk.

Section 12-3-6 Abandoned Vehicles on Public Property

Any vehicle remaining parked upon any sidewalk of the town for more than three days, or any disabled vehicle remaining parked upon any street of the town for more than seven days, is declared to be an abandoned vehicle and the police shall forthwith

82

remove the same from the sidewalks or streets of the town at the expense of the owner of such vehicle.

Section 12-3-7 Restricted Parking Areas for the Handicapped

No person shall park a vehicle in a parking space set aside and identified for use only by persons with physical disabilities, unless the vehicle has displayed thereon a distinguishing insignia or numbered plates bearing the international wheel chair symbol as provided in A.R.S. § 28-881.

TRAFFIC; MOTOR VEHICLES

Section 12-3-8 Fire Lanes on Public or Private Property (Ord 93-08)

A. The fire chief may require that fire lanes for new and existing structures by established on private or public property to provide access for fire-suppression operations by the use of an improved public street, areaway, parking lot, driveway or roadway.

B. A fire lane is an area, parking lot, driveway, roadway or portion thereof that shall be:

1. Designated or approved by the fire chief;

2. Identified with red painted curbs or six inch wide red stripe the full length of the fire lane, or each fire lane shall have approved signs at the beginning and end of the fire lane, with spacing between the signs not to exceed seventy-five feet. The signs shall be approved by the fire chief and comply with Appendix A, Standard Detail No. 1 of this chapter. Each sign shall face in the direction of oncoming traffic. Signs that identify entranceways only as a fire lane area shall be identified with approved fire lane signs on each side facing forward, and the area between the signs shall be red striped.

C. A fire lane sign shall be:

1. Affixed to a stationary pole or object.

2. Plainly visible.

3. Maintained clear of obstructions its entire length.

D. It is unlawful for any person to park any vehicle with or without power within, orotherwise obstruct any fire lane except as may be specifically permitted by the fire chief.

E. Any vehicle stopped or parked within a fire lane established, designated and 83

marked in accordance with this section shall be issued a “Notice of Ordinance Violation” by any member of a law enforcement agency or any representative the fire chief or the Town Police Department designates. Any vehicle stopped or parked within a designated fire lane may be removed at the vehicle owner’s expense. Removal of a vehicle under such circumstances may be authorized by the person in lawful possession of the property or by the fire chief or the Town Police Departmentor their representatives.

F. Fire lanes shall:

1. Extend to within one hundred and fifty feet of an entrance to the interior, or to a point as approved by the fire chief for buildings two stories or less in height.

TRAFFIC; MOTOR VEHICLES

2. Extend to within fifty feet of an entrance to the exterior, or to a point approved by the fire chief for a building three stories or more in height.

3. Be a minimum of twenty feet in width and have vehicle passing points twenty feet in width and of length and interval as designated by the fire chief.

4. Be surfaced to support the maximum weight of fire apparatus. Surfacing may be concrete, asphaltic concrete, brick, stone, but not necessarily limited to such materials, as approved by the fire chief. Engineering data shall be submitted with plans review submittal to substantiate weight-bearing capacity when required by the fire chief.

5. Have a vertical clearance of no less than thirteen feet, six inches.

6. Have a maximum gradient of eight percent (eight inches in one hundred feet).

7. Have forty-five feet minimum centerline radius on curves.

8. Be dead ended at no more than two hundred feet maximum length; or allow through passage; or terminate in minimum forty-five foot centerline radius cul-de-sac or hammerhead turning area.

G. It shall be unlawful for any person or firm to post a fire lane sign without the approval of the fire chief or his authorized representative.

H. Fire lanes established for new and existing structures shall conform to fire lane requirements applicable at the time of construction, provided that if no fire lane requirements were applicable at the time of construction, the fire chief may require establishment of fire lanes to conform with the current requirements.

I. The specific requirements for this section as applicable to a specific structure may be modified by the fire chief in recognition of varying occupancies, sizes and

84

hazards of building and the provisions of other means of access or fixed fire protection.

J. No person shall place or keep any vehicle, post, fence, growth, trash or other material or thing near any fire hydrant, fire sprinkler connection or fire standpipe connection that would prevent them from being immediately discernable or in immediate access to them for use. Signs or red painted curbs or six-inch wide red stripes the full length of the restricted area, prohibiting blocking of such fire protection equipment, may be required on private property installation.

K. That certain document known as the Town of Quartzsite Fire Lanes on Public or Private Property of which three copies shall be on file in the office of the town clerk is made a public record.

TRAFFIC; MOTOR VEHICLES

85

TRAFFIC; MOTOR VEHICLES

ARTICLE 12-4 ABANDONED VEHICLES ON PRIVATE PROPERTY

12-4-1 Definitions12-4-2 Abandoned Vehicles12-4-3 Abatement of Nuisance12-4-4 Enforcement Deferred for Certain Owners12-4-5 Exemption12-4-6 Violation; Penalty

Section 12-4-1 Definitions

In this article unless the context otherwise requires:

A. “Abandoned” means worn out, unused, stripped, unclaimed, scrapped, junked or discarded.

B. “Private property” means land owned in the town by any person, firm, partnership or corporation other than the United States or the State of Arizona.

C. “Storage” means the presence or locating of abandoned motor vehicles.

D. “Vehicle” means an automobile, truck or tractor, including trailers and farm equipment.

Section 12-4-2 Abandoned Vehicles

All abandoned vehicles being repaired or restored shall be kept in an enclosed area by the owner or occupant of the property upon which such vehicle is located, in such a manner as to not be visible from any point outside the property.

Section 12-4-3 Abatement of Nuisance

A. The owner, tenant, lessee or occupant of any private property within the corporate limits of the town upon which storage of an abandoned vehicle is made

86

and the owner of such abandoned motor vehicle involved in such storage shall jointly and severally be responsible for abating said nuisance.

B. Any owner, tenant, lessee, occupant or other person who fails, neglects or refuses to abate such nuisance shall be notified in writing by certified mail, return receipt requested by the town manager or his representative to abate said nuisance within thirty days from the date appearing on such written notice and that such person may appeal in writing to the Council within thirty days from the date the notice is received by him and prior to the date of compliance. An extension of the thirty day notice may be issued by the manager in hardship cases not to exceed two weeks from the date of compliance.

C. When any such owner, tenant, lessee, occupant or other person to whom notice as provided in this section has been mailed fails, neglects or refuses for more than thirty days from the date appearing on said notice to abate said nuisance,

TRAFFIC; MOTOR VEHICLES

the town manager or his representative is hereby authorized and directed to remove said abandoned motor vehicle from said premises, and dispose of the vehicle according to the provisions of the Arizona Revised Statutes relating to abandoned vehicles, including a report to the Motor Vehicle Division of the Arizona Department of Transportation. The owner or person controlling such property shall have thirty days from the date of service upon him to appeal in writing to the Council from the amount of the assessment as contained in the verified statement. If an appeal is not filed with the manager within such thirty day period, then the amount of the assessment as determined by the manager shall become final and binding. If an appeal is taken, the Council shall, at its next meeting, hear and determine the appeal and may affirm the amount of the assessment, modify the amount thereof, or determine that no assessment at all shall be made. The decision of the Council shall be final and binding on all persons.

Section 12-4-4 Enforcement Deferred for Certain Owners

A. If the owner of such abandoned motor vehicle is a member of and on active duty with the Armed Forces of the United States at the time of the notice provided for in this article, enforcement of this article shall be deferred until after his separation from the Armed Services.

B. If the owner of such abandoned motor vehicle is confined to a hospital or other medical facility at the time of the notice provided for in this article, enforcement of this article shall be deferred until after his discharge from the hospital or other medical facility.

Section 12-4-5 Exemption

Any motor vehicle which is being repaired by or on behalf of the owner thereof, or upon which restorative work is being performed by or on behalf of the owner thereof, shall not be subject to the terms of this article. Only vehicles being currently repaired or worked on are exempt.

Section 12-4-6 Violation; Penalty87

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

ARTICLE 12-5 WEIGHT LIMITS AND TRUCK PARKING (ORD NO. 06-10)

12-5-1 Purpose and Authority12-5-2 Definitions12-5-3 Restrictions and Notices12-5-4 Exemptions12-5-5 Permits12-5-6 Administration and Enforcement12-5-7 Penalties

CHAPTER 13 SUBDIVISION REGULATIONS

ARTICLE 13-1 TITLE, PURPOSE AND ADMINISTRATION

13-1-1 Purpose13-1-2 Short Title13-1-3 Jurisdiction

Section 13-1-1 Purpose

The purpose of these regulations is to provide for the harmonious development of the town to include the location and width of streets, building lines, open spaces, utilities or other physical improvements.

Section 13-1-2 Short Title

This chapter shall be known and may be cited as the Land Subdivision Regulations of the Town of Quartzsite.

Section 13-1-3 Jurisdiction

Except as may otherwise be provided by law, these regulations shall apply to all plats or subdivisions of all land within the corporate limits of the town.

ARTICLE 13-2 DEFINITIONS (Ord 95-08)

In this chapter, unless the context otherwise requires:

A. “Alley” means a public way which provides secondary means of access to abutting property usually to the side or rear of lots.

B. “Block” means a piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way or parks or a combination thereof.

C. “Building line” means a line on a plat indicating the limit beyond which buildings or structures may not be erected.

88

D. “Comprehensive plan” means the duly adopted plan for the long-range development of the community which includes maps, charts, illustrations and texts.

E. “Department” means the town manager or his agent.

F. “Easement” means a permanent or temporary grant of right by a property owner to the public, a corporation or other persons of the use of a strip of land for specified purposes. Ownership of said strip of land shall remain with the property owner.

G. “Final plat” means a plan or map prepared in accordance with the provisions of these regulations and those of any other applicable town ordinances, which plat

SUBDIVISION REGULATIONS

is prepared to be placed on record in the office of the county recorder of La Paz County.

H. “Governing body” means the Council of the Town of Quartzsite.

I. “Lot” means a portion of a subdivision or other parcel of land intended for the purpose whether immediate or future, of transfer of ownership or for building development.

J. “Preliminary plat” means the drawings and documents showing the character and proposed layout of the subdivision to indicate its suitability in relation to the community’s comprehensive plan.

K. “Right-of-way” means the entire way between property lines of abutting owners.

L. “Sidewalk” means a pedestrian walkway with permanent surfacing constructed to town standards.

M. “Street” means a right-of-way dedicated to the public use which provides principal vehicular and pedestrian access to adjacent properties including the right-of-way but not limited to streets, avenues, boulevards, roads, lanes, parkways, places, bridges, viaducts, alleys or easements for public or private vehicular use.

N. “Subdivider” means any person who offers for sale or lease six or more lots, parcels or fractional interests in a subdivision or who causes land to be subdivided into a subdivision for himself or for others, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to create subdivisions.

O. “Subdivision” means improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into six or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into more than two parts. Subdivision also includes any

89

condominium, cooperative, community apartment, townhouse or similar project containing six or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon but plats of such projects need not show the buildings or the manner in which the buildings or air space above the property shown on the plat are to be divided.

“Subdivision” does not include the following:

1. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots.

2. The partitioning of land in accordance with state statutes regulating the partitioning of land held in common ownership.

SUBDIVISION REGULATIONS

3. The leasing of apartments, offices, stores or similar space within a building or trailer park, nor to mineral, oil or gas leases.

ARTICLE 13-3 SUBMISSION AND CONSIDERATION OF PRELIMINARY PLATS

A. Any subdivider desiring to subdivide land that is subject to the provisions of these regulations shall file with the department ten copies of an application together with supporting documentation which contains the following:

1. The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor and certified engineer.

2. Names of the subdivision and all new streets.

3. General layout of adjacent unsubdivided property to show how streets and other public facilities, in the proposed subdivision, relate to the unsubdivided property.

4. The location and dimensions of all boundary lines of the property to be expressed in feet.

5. The location of existing streets, easements, water bodies, streams and other pertinent features such as washes, railroads, buildings, parks, cemeteries, drainage ditches or bridges. Generally such data should be shown on topographic maps with contour intervals of not less than two feet.

6. The location and width of proposed streets and easements, alleys and other public ways and building setback lines.

7. The locations, dimensions and areas of all proposed or existing lots.

90

8. Indication of the use of any lot (single-family, two-family, multi-family) and uses other than residential proposed by the subdivider with existing and proposed zoning district classification and boundaries.

9. The general plan of sewage disposal and water supply, in areas where approved public sewer or water systems are proposed to serve the subdivision. In other cases, a notation shall be made on the plat indicating type of sewage disposal or water system proposed.

B. Upon receipt of properly prepared application and accompanying fee as provided in Article 13-7, the department shall promptly conduct reviews of data submitted. Such review shall include opportunity for comment by representatives of private utilities, state department of transportation, county health department, school districts, United States postmaster, soil conservation service and various town departments. These agencies shall check the plat for conformance with the regulations and standards of their agencies and shall render a written report to

SUBDIVISION REGULATIONS

the department. If no report is received within fifteen days, the department may assume that the agency has no objections regarding the proposed plat, and such agency’s approval shall be assumed. After staff reviews and comments of technical agencies are received, a meeting shall be held between the department staff and developer regarding changes deemed advisable.

C. The developer shall submit ten copies of a revised (if necessary) preliminary plat to the department. Upon receipt of such plat and accompanying documents, the Council shall schedule a hearing within thirty days of such request. After such hearing, the Council shall approve as submitted, as modified or disapprove the preliminary plat and express its reasons therefor. The action of the Council shall be noted on the preliminary plat. One copy shall be returned to the subdivider.

D. If the Council fails to approve or disapprove the preliminary plat within the period of time set by this regulation, then such preliminary plat shall be deemed to have been approved unless the subdivider shall have consented to extend or waive such time limitation.

E. Approval of the preliminary plat does not constitute acceptance of the subdivision but authorizes preparation of the final plat. No grading or improvements shall take place in the subdivision prior to approval, endorsement and filing of the final plat.

F. The approval of a preliminary plat shall be effective for a period of one year at the end of which time final approval on the subdivision must have been obtained from the Council, although the plat need not yet be signed and filed with the county recorder. Any plat not receiving final approval within the period set forth herein shall be null and void, and the subdivider shall be required to resubmit a new plat for preliminary approval subject to all new zoning restrictions and subdivision regulations.

ARTICLE 13-4 SUBMISSION AND CONSIDERATION OF FINAL PLATS

91

A. Final plats shall be submitted to the department within one year of approval of the preliminary plat unless an extension is granted by the Council. The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state laws; and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of these regulations.

B. The original and ten copies of the final plat and other exhibits required for approval shall be submitted. The final plat shall be drawn in ink on tracing cloth, mylar or similar material and shall be at a scale of one inch to one hundred feet.

SUBDIVISION REGULATIONS

C. The final plat shall show the following:

1. The correct legal description of the property being subdivided;

2. True north point, graphic scale and date;

3. The boundary lines of the area being subdivided with accurate distances and angles, (maximum closure error of 1 in 5,000);

4. The lines of all proposed highways, streets and alleys with their width and names;

5. The accurate outline of any portion of the property intended to be dedicated or granted to public use;

6. The lines of all adjoining property and the lines of the adjoining highways, streets and alleys with their widths and names;

7. All lots designated by numbers;

8. The location and widths of building lines on front and side streets and the location and widths of utility easements, easements for possible future construction and easements for drainage purposes;

9. All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements and any other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot;

10. The radii, arcs, chords, points of tangency and central angles for all curvilinear streets and radii for rounder corners;

11. The location of all survey monuments and benchmarks together with their descriptions;

92

12. The names of the subdivision and the owner or owners or subdividers;

13. Acknowledgment of the owner or owners of the land being subdivided as to restrictions including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of easements required.

D. The following certificates are to be provided with the final plat in accordance with Article 13-5:

1. Acknowledgment of ownership by owner or owners, and statements, by a

SUBDIVISION REGULATIONS

notary public authorized to take the acknowledgments of deeds, to the effect, that all previous taxes have been paid and that all highways, streets, alleys and public grounds shown on the plat are dedicated for public use.

2. Surveyor or licensed professional engineer of the State of Arizona, certifying that he has accurately surveyed such subdivision and the correct location of all monuments shown, and all lots, blocks, highways, streets, avenues, alleys, public ways and grounds, and other grounds are well and accurately staked off and marked;

3. Space for approval of Council Planning Commission; and

4. Space for the La Paz County recorder to state the day, month, year, time, book and page that said plat was recorded.

E. Upon receipt of a properly prepared final plat and accompanying fee as provided in Article 13-7, the department shall promptly conduct reviews of data submitted for its conformity to the approved preliminary plat and as to its conformity to these land subdivision standards and other applicable town and state laws.

F. The Council shall approve or disapprove the final plat within thirty days of receipt. Before a final plat is recorded, the Council shall approve and accept streets and other public ways, service and utility easements and land dedicated for public use. Approval of the plat shall be shown over the signature of the Mayor and attested to by the town clerk. If the Council disapproves the plat, it shall advise the subdivider in writing of the reason for such disapproval.

G. If the governing body fails to act on the final plat within sixty days of its submittal to the department, the Council shall be deemed to have approved unless the subdivider shall have consented to extend or waive such time limitation.

ARTICLE 13-5 PUBLIC IMPROVEMENT AND DESIGN STANDARDS

A. The subdivider of land shall be required to install or otherwise provide for certain 93

improvements within the subdivision. Such improvements shall not be installed prior to proper endorsement of the final plat by the Council.

B. The proper installation of such improvements, other than those by a private utility company, shall be assured by provision of surety in the form of bond or cash escrow in favor of the town. All improvements installed by the developer shall comply with specifications and standards approved by the town.

C. Such surety shall be properly executed prior to any grading or construction and shall be released in segments upon written approval of the department. A building permit shall not be issued for a lot or tract in any subdivision for which such surety has not been furnished.

SUBDIVISION REGULATIONS

D. The minimum width for any street right-of-way shall be fifty feet except by special permit approved by the Council for purely local drives. All streets and other public spaces and easements shall conform in effect to the comprehensive plan, both as to location and as to width or size. When adjoining undeveloped property, a full street shall be dedicated.

E. The minimum width of any alley, wherever provided, shall be fifteen feet. Where alleys are not provided, easements may be required along lot lines of or across lots where necessary for the extension of water mains, sewer and similar purposes; such easement shall be a minimum width of eight feet along the appropriate property lines.

F. The arrangement of streets in new subdivisions shall make provision for the direct continuation of the principal existing streets in adjoining subdivisions (or their proper projection where adjoining property is not subdivided) insofar as they may be necessary for public requirements. In general, such streets shall be a width at least as great as the existing streets or fifty feet whichever is greater. The street and alley arrangement must also be such as to provide opportunity for access and use by adjoining property owners.

G. Wherever a street will not open into another street, an adequate circular turn around shall be provided. Grades of streets shall be the lowest feasible, and no grade shall be in excess of five percent on through traffic streets nor in excess of ten percent on any other street. Streets shall be paved with such paving of a type and strength suitable for the volume and character of traffic to be expected and should meet town specifications. All improvements shall conform to the best engineering standards. Due consideration shall be given throughout to the appearance of the subdivision and the various features thereof within its own boundaries and also in its environment in the town.

H. The subdivider shall install street signs at all intersections within the subdivision. Such street signs shall follow the street names designated on the approved final plat and shall comply with the specifications of the town.

I. The subdivider shall be responsible for the proper installation of all utilities including sanitary sewers and connection to approved treatment facilities and

94

water supply approved by the Arizona Department of Health Services or the Arizona Department of Environmental Quality. Such utilities shall be installed according to the specifications and minimum standards of the controlling utility company or public agency.

J. Sidewalks are required unless exempted by the Council.

ARTICLE 13-6 VARIANCES, EXCEPTIONS AND APPEALS

A. Whenever it is found that the land included in a subdivision plat, presented for approval, is of such size or shape, or is subject to, or is affected by such topographical location or conditions, or is to be devoted to such usage that full

SUBDIVISION REGULATIONS

conformity to the provisions of these regulations is impossible or impractical, the Council may set forth particular variation from these regulations, if, in their opinion, the variation will effect substantial justice and promote the public interest.

B. The subdivider may appeal to the Council decisions made in the enforcement or interpretation of these regulations by the department. Such appeals shall be filed within thirty days with the town clerk. If the Council sustains such decisions, the prior enforcement or interpretation shall be final, except as otherwise provided by law. If the Council overrules such decision, such decision shall be final.

C. The subdivider may request that permission be granted to commence construction on a model or show home prior to completion of public facilities required by these regulations. Such permission may be granted by the Council after filing of the final plat with the county recorder and upon satisfactory assurances by the developer that improvements will proceed in a timely manner. Such model or show home shall not be occupied for residential purposes until public improvements have been completed in accordance with these regulations and other laws of the town.

ARTICLE 13-7 FEES

A. Preliminary Plat . At the time of filing a preliminary plat, a subdivider shall pay to the town a basic fee of twenty-five dollars plus a fee of two dollars per lot.

B. Final Plat . At the time of filing a final plat, a subdivider shall pay to the town a basic fee of fifty dollars plus a fee of two dollars per lot.

ARTICLE 13-8 ENFORCEMENT, VIOLATION AND PENALTY

A. No building permit shall be issued for any structure upon a lot or tract in a subdivision that has not been subdivided and approved in the manner provided in these regulations, and no such plat, replat or dedication of a street or public way shall be filed with the recorder of La Paz County, as provided by law, until such plat, replat or dedication shall have endorsed on it that it has been approved in

95

accordance with these regulations.

B. It is unlawful for any person to offer to sell or lease or to contract to sell or lease or to sell or lease any subdivision or part thereof until a final plat thereof, in full compliance with provisions herein, is recorded in the office of the La Paz County recorder, except that this shall not apply to any parcel of a subdivision offered for sale or lease, contracted for sale or lease or sold or leased in compliance with any law or subdivision regulations regulating the subdivision plat design and improvement of subdivision in effect at the time the subdivision was established. The county recorder shall not record a plat located in the town unless the plat has been approved by the Council.

SUBDIVISION REGULATIONS

C. The town shall have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provisions of this chapter and to abate nuisances maintained in violation thereof; and in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of the building, structure or land.

ARTICLE 13-9 FLOODPLAIN MANAGEMENT (Ord 92-10/98-11/01-06/06-08)

That certain document entitled “Town of Quartzsite Flood Damage Prevention Ordinance” including any amendments thereto is hereby adopted by reference and made a part of this code the same as though said plan were specifically set forth in full herein. At least three copies of said code shall be kept on file in the office of the town clerk.

96

CHAPTER 14 CABLE COMMUNICATIONS(Ord 89-09)(Res 89-15/90-23)ARTICLE 14-1 CABLE COMMUNICATIONS CODE

14-1-1 Title14-1-2 Purpose14-1-3 Definitions14-1-4 Requirement for License14-1-5 Application14-1-6 Standards for Granting or Denying License Applications14-1-7 License Agreement14-1-8 General Requirements for Operating a Cable Communications

System14-1-9 Fees, Deposits and Bonds14-1-10 Termination; Revocation14-1-11 Change of Control14-1-12 Indemnity; Insurance14-1-13 Administration14-1-14 General Provisions14-1-15 Rights Reserved to Town

Section 14-1-1 Title

This chapter shall be entitled the Town of Quartzsite Communications chapter.

Section 14-1-2 Purpose

It is the purpose of this chapter to:

A. Authorize the town to grant non-exclusive licenses to operate a cable communications system in areas under its jurisdictions.

B. Provide for the payment of certain fees and other considerations to the town.

C. Promote the widespread availability of high quality cable communications service to residents of the town.

Section 14-1-3 Definitions97

In this chapter unless the context otherwise requires:

A. “Basic service” means all subscriber services provided by licensee covered by the regular monthly charge paid by all subscribers, excluding optional services for which a separate charge is made, or as specifically provided in the license agreement.

B. “Cablecasting” means a non-broadcast signal that originates within the facilities of the cable communications system.

CABLE COMMUNICATIONS

C. “Cable communications system” means any facility that, in whole or in part, receives directly or indirectly over the air, and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television or radio stations and distributes such signals together with such other signals as authorized by the Federal Communications Commission and the town by wire or cable to subscribing members of the public who pay for such service, but the term shall not include:

1. Any such system that serves only the residents of one or more apartment dwellings under common ownership and commercial establishments located on the premises of such apartment dwellings.

2. Any such system the facilities of which do not use a public street, road, alley or easement.

If there is a connection of any such exempt system to a licensed system such exemption shall cease.

D. “Channel” means a six megahertz (MHz) frequency band capable of carrying one standard color video signal or a combination of non-standard signals.

E. “FCC” or “Federal Communications Commission” means that agency as presently constituted by the Communications Act of 1934 as amended or any successor agency.

F. “License” means the right and authority granted by this chapter to licensee to construct, maintain and operate a cable television system through use of the public streets, other public rights-of-ways or the public places in the town.

G. “License area” means the area within the bounds of the Town of Quartzsite.

H. “Licensee” means a person who executes a license agreement with the town, in accordance with this chapter for the non-exclusive privilege to erect, construct, operate, maintain or dismantle a cable communication system in the town.

98

I. “Person” means any individual, corporation (whether for profit or non-profit), joint venture, partnership or any other business entity who holds or applies for a license from the town.

J. “Private channel” means any channel which is available only to subscribers who are provided with a special tap, converter or terminal equipment to receive signals on that channel.

K. “Subscriber” means any person or entity receiving cable services of licensee.

L. “Subscriber density” means the number of business or residential units per mile of system. Business and residential units shall be counted when they are

CABLE COMMUNICATIONS

within 250 feet of any portion of the cable distribution system including trunk or feeder cable.

M. “Two-way capability” means the ability to receive and transmit signals of any type from a subscriber terminal to other points in the system.

Section 14-1-4 Requirement for License

No person shall construct, install, maintain or operate a cable communication system within, along, over or under any street or other public property in the town, unless a license has first been granted pursuant to the provisions of this chapter.

Section 14-1-5 Application

A. Any person desiring to construct, install, maintain or operate a cable communication system within the area under the jurisdiction of the town shall make an application to be licensed to serve this area. This application shall consist of executed application forms as prescribed and furnished by the town. Failure of any applicant to fully provide all information requested on the application forms will be sufficient cause for not considering the application. This application shall be filed with the town clerk.

B. Any application filed with the town prior to the adoption of this chapter shall, upon payment of the application fee as required in Section 14-1-9, be considered a valid application.

Section 14-1-6 Standards for Granting or Denying License Applications

In making any determination as to an application, the Council shall give due consideration to the quality of the service proposed, the experience, character, background and financial responsibility of the applicant, willingness and ability to abide by the license limitations and requirements, and any other considerations deemed pertinent by the Council for safeguarding the interest of the town and the public.

Section 14-1-7 License Agreement

99

A. Upon the granting of a license by the town, the licensee shall execute a license agreement within sixty days. 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 and any amendments thereto. This agreement shall be binding upon the licensee, its successors, lessees or assignees.

B. This license shall be non-exclusive and shall be for a period of fifteen years commencing upon the execution of this license agreement between the town and the licensee.

CABLE COMMUNICATIONS

C. Upon written notice by the licensee, not more than one year prior to the 14 th anniversary of the effective date, and after the holding of a public hearing affording due process, the license may be renewed for a reasonable term, but not for more than fifteen years.

Section 14-1-8 General Requirements for Operating a Cable Communications System

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 section to prevent any licensee from providing more than the required minimum to meet the standards listed below.

A. System Capability . The cable communications systems shall be equipped to provide:

1. Two-way capability.2. Emergency override of all channels during a declared emergency or

disaster.

B. Construction Method . All basic trunk lines, associated feeder lines and single drops shall be placed by aerial or underground methods similar to the electric and telephone utility lines in the same area. The licensee may, with consent of the owner, use the poles and other equipment of utilities serving the town. The cable communications system shall be installed and maintained in accordance with standard good engineering practices and shall conform when applicable with the “National Electrical Safety Code” and the “Federal Communications Rules and Regulations” as they apply. The licensee shall have 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.

C. Service Schedule . No licensee shall be required to provide service to any site in his license area where such service is available from another licensee. A licensee need not provide service to an area having less density than thirty-five dwelling units per system cable mile.

100

D. Removal of Licensee Property . In the event that licensee property 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, of the use of any licensee property is discontinued for any reason for a continuous period of twelve months, licensee shall at it sole expense on the demand of the town remove promptly from the street all licensee property other than that which the town may permit to be abandoned in place. Upon such removal of licensee property, licensee shall promptly restore the street or other public places from which the licensee property was removed to a condition as near as possible to its prior condition. Licensee property no longer in service may be left in place with the approval of and in a manner prescribed by the town. Upon abandonment of said licensee’s property in place, licensee shall deliver to the town an instrument transferring ownership of such abandoned licensee

CABLE COMMUNICATIONS

property to the town. Any cost arising from compliance with this provision shall be borne by the license.

E. Local Office . Maintain an office within ten miles, accessible during all business hours and have a listed telephone and operate so that complaints and requests for repairs and adjustments may be received. Licensee shall maintain a written record listing date of customer complaints, identifying the subscriber, describing the nature of the complaint and when and what action has been taken by the licensee 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 or demand of the town. The licensee shall notify each subscriber at the time of initial subscription to service of the procedure for reporting and resolving complaints.

F. Service Provisions . Licensee shall:

1. Render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Repairs shall, at all times, be made within three business days. If new service is requested, said service shall be provided to the subscriber within three business days.

2. Be able to demonstrate by instruments and otherwise to subscribers that a signal of adequate strength and quality is being delivered to the subscriber’s terminal.

G. Local Channel . Each system shall carry as part of the basic service local channels broadcast in its area as required and defined in current F.C.C. 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. In the event the F.C.C. deletes the above referred requirement or ceases to exercise jurisdiction in this area, said requirement shall continue to apply to this chapter as they existed on the date immediately preceding such federal action.

H. Interconnection . The system shall be designed and operated so as to facilitate interconnection to any or all other systems within La Paz County, the Town of

101

Parker and the town. The cost of such interconnection links shall be shared equally by the connecting systems. Licensee shall interconnect such channels and at such time as the town may direct.

I. Privacy-Monitoring . Licensee shall strictly observe and protect the rights of privacy and property rights of subscribers and users at all times. Individual subscriber preferences of any kinds, viewing habits, political, social or economic philosophies, beliefs, creeds, religions or names, addresses or telephone numbers shall not be revealed to any person, governments unit, police department or investigating agency unless upon the authority of a court of law or upon prior voluntary valid authorization of the subscriber. Such authorization shall not in any event be required as a condition of receiving service. Exclusive

CABLE COMMUNICATIONS

of signals useful only for the control or measurement of systems performance, licensees shall not permit the transmission of any signal, including “polling” or monitoring of channel selection from the subscribers premises without first obtaining written permission from the subscriber.

J. Service to Public Buildings . Licensee shall make available, at a cost not to exceed direct cost (time and material), one service outlet to a conveniently accessible point in each public, private and parochial school, non-profit college or university, police station, fire station and town hall or other facility or building located within the license area and used for public purposes as may be designated by the town. There shall be a minimum monthly service charge at the above locations.

K. Maintenance . The system shall be maintained in accordance with the highest accepted standards of the industry. Each system shall be maintained so as to comply with all applicable technical standards and regulations as promulgated by the F.C.C. in this regard, 47 C.F.R. Section 76.601 et seq (Subpart K) relating to technical standards (including but not limited to performance monitoring and measurements) as existing or as may be amended, shall apply in full and are incorporated herein by this reference. In the event the F.C.C. deletes the above referenced technical standards or ceases to exercise jurisdiction in this area of technical standards, said standards shall continue to apply to this chapter as they existed on the date immediately preceding such federal action.

Section 14-1-9 Fees, Deposits and Bonds

The following fees are required for each license granted under the authority of this chapter:

A. 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 of $1,250.00 by certified or cashier’s check made payable to the town.

B. License Fee . Each licensee shall pay to the town an amount equal to 3% of licensee’s gross revenues from all sources attributable to the operations of the licensee pursuant to this chapter and the license agreement.

102

1. 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.

2. Licensee fee shall be treated as a cost of operation and shall not be recovered as a chargeable cost to subscribers.

CABLE COMMUNICATIONS

C. Performance Bond . Within thirty days after the execution of the license agreement, the licensee shall file with the town a performance bond for the benefit of the town in the amount of $25,000.00. 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.

1. The bond shall be maintained in full as a continuing obligation during the entire term of the license agreement.

2. 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.

D. Security Fund . Within thirty days after written notification of the award of license by the town, the selected applicant shall deposit with the finance director of the town, and maintain on deposit throughout the term of the license agreement, a security fund in the sum of $2,000.00 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.

1. Within fifteen days after written notice to licensee by the town that the town has withdrawn any amount from the security fund, licensee shall deposit or pay to the finance director a sum of money sufficient to restore such security fund to the original amount of two thousand dollars.

2. Failure to maintain the security fund as required shall constitute a violation of the provisions of this chapter.

Section 14-1-10 Termination; Revocation

A. Termination . The license shall terminate, upon the expiration of the term thereof, unless renewal is applied for, as provided in Section 14-1-7.

103

B. Revocation . Sufficient cause for revocation shall exist when the licensee:

1. Fails to comply with any provision of this chapter or the license agreement.

2. Makes willful or misleading statements in any application.

3. Engages in the practice of any misrepresentation, fraud or deceit upon the town, its residents, subscribers or any other governmental entity or agency.

CABLE COMMUNICATIONS

4. Fails to abide by the privacy provision of this chapter.

5. Fails to make timely payment of any monies due the town pursuant to this chapter.

6. Fails to commence construction in the license area within six months and to commence basic service within eighteen months from the effective date of the license agreement.

C. Appeal of Revocation . The town shall deliver to the licensee written notice of intent to revoke setting forth causes for revocation. A public hearing on this revocation shall be held by the Council no less than thirty days after issuance of said notice.

D. 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.

E. Continuity of Service . At the discretion of the town, 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 six months from the occurrence of any of the above events, and the town, in its discretion, may shorten said period.

Section 14-1-11 Change of Control

Licensee shall not sell, transfer, assign, exchange or release, or permit the sale, transfer, assignment, exchange or release of more than 5% of the cumulative ownership

104

of the system without prior written authorization from the town. For the purposes of this article, a merger or consolidation shall be deemed a transfer or assignment. Nothing in this article shall be deemed to prohibit a pledge or hypothecation or mortgage or similar instrument transferring conditional owner ship of the system’s assets to the lender or creditor in the ordinary course of business, unless such interests shall exceed 75% of the original cost or the fair market value, whichever is higher.

Section 14-1-12 Indemnity; Insurance

A. The licensee shall, at its sole cost and expense, indemnify, hold harmless and defend the town, its officials, boards, commissions, agents and employees, by

CABLE COMMUNICATIONS

providing immediate defense with counsel approved by the town, 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.

B. 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:

1. Liability, 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.

- for bodily injury, including death: $500,000.00 combined single limit.

- property damage: $500,000.00 combined single limit.

- comprehensive automobile liability: bodily injury $500,000.00 combined single limit.

- Excess umbrella liability in the minimum amount of 5,000,000.00.

2. Workers’ compensation coverage as required by the laws and regulations of the State of Arizona.

3. All insurance policies required herein shall include the Town of Quartzsite as a named insured party.

4. Licensee shall be solely responsible for all premiums due and payable for insurance required herein.

5. All insurance policies required herein shall be in a form approved by the 105

town attorney and shall include a sixty day notice of cancellation endorsement.

Section 14-1-13 Administration

A. Inspection of Records . The town 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 contract, engineering plans, accounting, financial data and service records relating to the

CABLE COMMUNICATIONS

property and operations of the licensee and to all other records required to be kept pursuant to this chapter.

B. Licensee Rules and Regulations . Copies of such rules, regulations, terms and conditions adopted by the licensee for the conduct of its business shall be filed with the town.

Section 14-1-14 General Provisions

A. 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.

B. Laws and Codes . Licensee shall comply fully with all applicable local, county, state and federal laws, codes, ordinances, rules and regulations.

C. Cumulative Rights and Remedies . All rights and remedies of the town in this chapter are cumulative and may be exercised singly or cumulatively at the discretion of the town.

Section 14-1-15 Rights Reserved to Town

Without limitation upon the rights which the town may otherwise have, the town does hereby expressly reserve the rights to amend any section or provision of this chapter for any reason determined to be desirable by the town including, but not limited to:

A. New developments in the state of technology of cable communications systems.

B. Any changes in federal or state laws, rules or regulations.

106

CHAPTER 15 ZONING

ARTICLE 15-1 DEVELOPMENT PROCEDURES (ORD NO. 95-10#2)

A. That document entitled “Town of Quartzsite, Arizona Development Procedures Ordinance AND Town of Quartzsite Zoning Ordinance” is hereby adopted as the “Zoning Code of the Town of Quartzsite” and made a part of this chapter the same as though said code was specifically set forth in full herein.

B. At least three copies of said code shall be filed in the office of the town clerk and kept available for public use and inspection.

ARTICLE 15-2 ZONING (ORD NO. 95-10#2)

(Ord 90-12/90-15/90-19/92-02/92-01/95-10#2/96-07/98-03/96-04/97-04/02-02)(Res 95-18)

107

CHAPTER 16 WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE – (Ord. No. 10-01)

(Ord 91-02/91-04/92-04/94-06)(Res 91-09/92-04/94-22)

ARTICLE 16-1 SEWER SERVICE

16-1-1 Definitions16-1-2 Sewer Connection Permit Requirements; Fees16-1-3 Sewer Capacity Fee (Connection Fees)16-1-4 Connection Required; Expenses; Abatement of Existing Facilities16-1-5 Public Sewer System Extensions (Ord. 00-04)16-1-6 Reimbursement Agreements (Ord. 00-04)16-1-7 Specific Sewer Service Area and Area-Specific Sewer Line

Extension Fees16-1-8 Water Closet Required16-1-9 Unlawful Acts16-1-10 Penalties

Section 16-1-1 Definitions

For the purpose of this article, the following words and terms shall have the following meanings unless the context indicates otherwise:

1. “A.A.C.” means the Arizona Administrative Code.

2. A.D.E.Q. means the Arizona Department of Environmental Quality.

3. “Approved laboratory procedures” means the measurements, tests and analyses of the characteristics of water and wastes in accordance with analytical procedures determined acceptable by Federal Guidelines as established in Title 40, Code of Federal Regulations, Part 136, or as approved by the Regional Administrator, U.S. Environmental Protection Agency.

4. “A.R.S.” means the Arizona Revised Statutes.

5. “Average quality” means the arithmetic average (weighted by flow value) of all the “daily determinations of concentration,” as that term is defined herein, made during a calendar month.

6. “BOD (biochemical oxygen demand)” means the oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of twenty degrees Centigrade, reported in milligrams per liter.

108

7. “Building sewer” means those drains commencing at and connecting one or more plumbing fixtures, usually within a structure, to a point approximately five feet outside the foundation of the structure.

8. “Calculated design capacity” means the maximum capacity of the treatment plant as determined by calculations used in standard engineering practice.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

9. “Calculated discharge” means the discharge from a user which is calculated based upon estimated waste/sewage flow rates as published by the latest edition of the Uniform Plumbing Code.

10. “Capital reserve” means the funds remaining on an annual basis from revenue collected from connection, monthly user fees and septage fees after payment of all wastewater treatment system expenses including debt service.

11. “Certified cost” means all costs as published in the Engineering News Record for Phoenix, Arizona, on the closest date to the first of January in each year. (See total development cost).

12. “Clean out” means a device which provides access from the surface to an underground sewer line.

13. “COD (chemical oxygen demand)” means the series of pipes, manholes and pumping stations, if applicable whose function it is to gather wastewater from divergent sources and deliver same to one central location.

14. “Collection system” means the series of pipes, manholes and pumping stations, if applicable, whose function it is to gather wastewater from divergent sources and deliver same to one central location.

15. “Connection fees” means those fees collected in return for the right to connect a “source” to the collection system.

16. “Cooling water” means the clean wastewater discharged from any heat transfer system, such as condensation, air conditioning, cooling or refrigeration.

17. “Daily composite sample” means a sample of wastewater continuously collected over a normal operating day.

18. “Daily composite sample quality” means the concentration of some parameter tested in a “daily composite sample,” as that term is defined herein, and reported proportional to flow.

19. “Daily determination of concentration” means for composite samples, “daily determination of concentration” shall be the same as “daily composite sample quality,” as that term is defined herein. For grab samples, the “daily determination of concentration” shall be the arithmetic average (weighted by

109

flow value) of all “grab sample qualities,” as that term is defined herein, determined by any calendar day.

20. “Department” means the Town’s Department of Public Utilities.

21. “Discharge” means the deposit of sewage, water or any liquid from any sewer user into the sewer system.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

22. “Domestic waste” means a typical, residential type waste which requires no pretreatment under the provisions of this article before discharging into the sanitary sewer system, excluding all commercial manufacturing and industrial wastes.

23. “Downflow” means the direction of flow in a sewer line.

24. “Equivalent plumbing units” means the method of calculating probable discharge based upon the quantity and/or size of plumbing fixtures on the property of a user.

25. “Equivalent residential unit” means the method of calculating discharge to the sewer based upon the average flow from a typical residence, set at 200 gallons per day per residence.

26. “Establishment, plant” means any establishment or plant producing liquid waste, with or without suspended solids, required to be discharged into the sewer system.

27. “Exterior invert” means the transition from sewer pipe to manhole at the entrance or “upstream” side of any manhole.

28. “Garbage” means solid waste generated by owner-users.

29. “Grab sample” means an individual sample of sewage collected in less than fifteen minutes.

30. “Grab sample quality” means the concentration of some parameter tested in a grab sample, as that term is defined herein.

31. “Industrial user” means any non-governmental, non-residential user of the sewer system which discharges any industrial waste and is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions: A, B, D, E, I.

32. “Industrial waste” means any liquid, free-flowing waste, including cooling water, resulting from any industrial or manufacturing process or from the development, recovery or processing of natural resources, with or without suspended solids.

33. “Inflation factor” means a modification in construction costs to achieve, as closely as possible constant January 1, 1993, dollars.

110

34. “Inflow” means water other than wastewater that enters a sewer 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 sewer and sanitary sewers, catch

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

basins, cooling towers, storm sewers, surface runoff, street wash waters or drainage.

35. “Interference” means inhibition or disruption of the sewer system, treatment processes or operations which contribute to a violation of any requirement of a National Pollutant Discharge Elimination System permit pursuant to Sections 307(b) and (c) of the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977.

36. “Lateral collection system” means that sewer line or series of sewer lines which connect two or more “sources” lying wholly within the property lines of a “user”. A “Lateral Sewer System” is constructed by or for and is maintained by or for a single “user”.

37. “Lateral sewer line” means that portion of a sewer system commencing at a point five feet outside of the foundation of a “source” being served to the connection of another “Lateral Sewer Line” after which the combined line shall be referred to as a “Lateral Collection System” or to the property line of the “user”. A “Lateral Sewer Line or Collection System” is constructed by or for and maintained by or for a single “user”.

38. “Maintenance” means keeping the treatment works in a state of repair, including expenditures necessary to maintain the capacity (capability) for which said works were designed and constructed.

39. “Management contract” The town may by contract employ professional services to perform the duties and functions of the department as provided herein.

40. “Manhole” means a structure located at regular intervals along a sewer pipe line of sufficient size for a work person to enter for the purpose of cleaning or maintaining the collection system.

41. “Master lease,” or the authority appointed by the town, may lease the entire wastewater treatment system. This lease shall be described as the master lease.

42. “Municipal Utility Administrative Committee,” appointed by the Council, the committee shall consist of Council Members and others appointed by the Council to serve as administrative body for the wastewater treatment system and shall present findings and recommendations on a regular basis to the Council for necessary action.

43. “Outfall sewer” means that series of pipes, manholes and pumping stations, if 111

applicable, necessary to convey the wastewater from the end of the collection system to the wastewater treatment plant.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

44. “Permittee, permit holder” means any person, firm, association, corporation or trust which owns, operates, processes or controls an establishment or plant being operated under a valid industrial waste permit to discharge waste into the sewer system.

45. “Producer” means any person, firm, association, corporation or trust which owns, operates, possesses or controls an establishment or plant, whether or not a permittee.

46. “Property line” means the boundary between the property owned by a user and property owned by the town or the wastewater treatment system.

47. “Replacement” means those expenditures made for obtaining and installing equipment, accessories and/or appurtenances during the useful life of the treatment works, which are necessary to maintain the capacity and performance of the treatment works for which they were designed and constructed.

48. “Residential units”:

Family. A family means one or more person occupying a premise and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house or hotel.

Single family dwelling. A single family dwelling means a building or pre-manufactured structure designed for occupancy by one family.

Two family dwelling. A two family dwelling means a building designed for occupancy by two families.

Multiple family dwelling. A multiple dwelling means a building or portion thereof designed for occupancy by three or more families.

Mobile home dwelling/Integrated Home. Mobile home dwelling means a structure transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical system contained therein.

49. “RV dwelling” means a transportable structure which is designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities and has RV-type self containment, which means grey water, black water, and fresh water tanks.

50. “Segment” means a portion of a sewer line commencing at the exterior upflow invert of a manhole and including all of that sewer line upflow to, and including, the next manhole.

112

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

51. “Septage and scavenger waste” means any discharge of concentrated wastewater into the system from a non-continuous source and shall include sludge removed from septic tanks and the accumulated waste from RV’s.

52. “Service line” means the sewer line from the property line of a customer to the point in the collection system where the discharge from the customer joins the discharge from one or more additional customers.

53. “Shall” means mandatory.

54. “Source” means that point, located at or within five feet of a structure from whence wastewater initially enters the wastewater collection system.

55. “Standard industrial classification” means a coded classification of industries based upon economic activity developed by the U.S. Department of Commerce as published in Standard Industrial Classifications Manual, 1972, Office of Management and Budget and its amendments.

56. “Standard methods” means the procedure as described in the most current edition of Standard Methods for the Examination of Water and Wastewater, published by the American Health Association, or the most current edition of Manual of Methods for Chemical Analysis of Water and Wastes published by the U.S. Environmental Protection Agency.

57. “Suspended solids (SS)” means solids measured in milligrams per liter that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by a laboratory filtration device, as defined in the “Standard Methods" as defined herein.

58. “System design capacity” means the design capacity for normal domestic wastewater as established by accepted engineering standards.

59. “Total developed cost” means the total cost of materials, labor, design, finance, property acquisition and management necessary to complete all or a portion of a collection system or treatment plant.

60. “Total organic carbon (TOC)” means the total of all organic compounds expressed in milligrams per liter as determined by the combustion-infrared method prescribed by approved laboratory procedure.

61. “Town engineer” means a registered professional engineer qualified in all applicable aspects of standard sewer design.

62. “Treatment parameter” means a fundamental characteristic of sewage around which treatment is designed, such as but not limited to flow, BOD, suspended solids and phosphorus.

63. “Upflow” means the direction in a sewer line opposite the direction of flow.WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

113

64. “User” means any person, lot, parcel of land, building, premises, municipal corporation or other political subdivision that discharges, causes or permits the discharge of wastewater in the sewer system.

65. “User fees” means the monthly fees collected from each “user” in return for treating the “wastewater” produced by the “source”.

66. “Wastewater treatment plant” means that portion of a wastewater treatment system commencing at manhole one, the most downstream manhole, and including all devices, holding areas, buildings, property and equipment involved in the actual treatment of the wastewater and the disposal of the effluent.

67. “Wastewater treatment system” means all facilities including the “wastewater treatment plant” and “collection system” for collecting, pumping, treating and disposing of wastewater, the residue thereof and the effluent water. A “wastewater treatment system” is owned by the “wastewater treatment system owner”. A “collection system may be maintained by a wastewater treatment system manager or the wastewater treatment system owner.”

68. “Water closet” means toilet existing within a residential or commercial structure connected directly to a sanitary sewer system. This shall exclude recreational vehicle toilets that are connected to a holding tank.

69. “Wastewater treatment department” means the town or such person, firm, authority or department as may be designated by the town to be the responsible administrative body of the wastewater treatment system.

70. “Wastewater treatment system owner” means the individual, company or municipality who at any given time holds title to the improvements described as the “wastewater treatment system”.

Section 16-1-2 Sewer Connection Permit Requirements; Fees (Res. No. 01-06)

A. Connection Authorization Required . It is prohibited for any person to tap or connect or cause to be tapped or connected any service, drain or other pipe to the sewer system or to connect its property to or with any such tap, drain or other pipe connected with said sewer system without first applying for and obtaining connection authorization from the department in coordination with the Town building department. This authorization is to be issued prior to any Town building permit required for any construction to be conducted in connection therewith.

B. It is the duty of the Town, before issuing said authorization to connect, to investigate and inquire into the conditions of all proposed connections to such sewer system for the purposed of ascertaining whether same can be made in a proper manner. In the event the department finds that the proposed connection can be made or installed in a proper manner and upon receipt of a properly prepared and executed application and upon receipt by the department of the

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

114

applicable fee as computed in accordance with Section 16-1-3 herein, it shall be the departments duty to issue to the applicant a permit to make or install said proposed connection in accordance with the adopted fee schedule.The permit shall apply to the type of user specified on the permit and shall not be transferable. The permit will expire in the event that a change of use occurs, a new structure is constructed or an old structure is enlarged.

C. The department shall keep a record of all permits issued and all taps and connections made. The records shall include the names of owners of the property, their agent, or to whom the permit was issued or for whom the tap or connection was made.

D. All applications for service which would result in the actual total system capacity exceeding the system design capacity, will be rejected.

E. The Council, on the recommendation of the Municipal Utility Administrative Committee, may prescribe by resolution such additional regulations and requirements governing connections and the use of said sewer system as may be proper and expedient.

Section 16-1-3 Sewer Capacity Fee (Connection Fees)(Res 95-16/96-05/98-09/01-06)

A. Property owners requiring sewer connection for phase I prior to October 3, 1994 shall be connected without charge. After October 3, 1994 any property owner within the Phase I service area shall be required to pay all designated fees including the connection charge.

B. All properties connecting to the sewer shall connect all structures: RV spaces, mobile homes, commercial establishments or facilities which generate wastewater within that property. No portions or partial service will be allowed.

C. The actual rates and categories will be set by resolution which may be amended from time to time. The rates will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

Section 16-1-4 Connection Required; Expenses; Abatement of Existing Facilities (Ord 98-04)

A. All persons owning, leasing or using real property, buildings or fixtures within the service area of the wastewater treatment system may cause all structures located on said property to be connected with said sewer system by submitting the appropriate application and paying the appropriate fees. All expenses of such connection within the property line (lateral lines) shall be borne by the owner of said property or building, or the person using or leasing the same.

B. It is prohibited for any person who connects to the wastewater treatment system to fail to abate, in conformance with the applicable standards, all cesspools,

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

septic tanks, leach lines, privies and open and unconnected drains within 115

structures and property connected to the wastewater system. All abated cesspools, septic tanks, leach lines and privies shall be inspected and approved by a department or town representative prior to final connection to the wastewater system.

C. All lots, parcels, or tracts by which the sewer line passes or whose property lineis within 200 feet of the sewer which are not connected to the sewer in accordance with Section 16.1.2 shall connect to the sewer within 90 days ofnotice Any line extensions from the sewer to the lot’s, parcel’s, or tract’s property line shall be at the expense of the Town. As to any provisions of this chapter that conflict with or contravene this subsection, this subsection shall prevail and be construed as if to give a consistent meaning to such sections. Violations shall consist of a criminal penalty of a Class I misdemeanor punishable by imprisonment for not more than one hundred and eighty (180) days, or a fine of up to $2,500, or both fine and imprisonment. Exemptions shall be given by the Town when the cost of connection is not financially viable. A sewer line extension is generally determined to be financially viable if that extension generatessufficient flow in sewage and subsequent connection fees and monthly userfees to cover associated development costs, debt retirement, and its pro rata share of operation and maintenance costs as determined by the department.

D. All new residential, commercial or industrial developments shall connect to the sewer if the sewer is within 200 feet of the property line and shall pay the appropriate fees. Violations may consist of a criminal penalty of a Class I misdemeanor punishable by imprisonment for not more than one hundred and eighty (180) days, or a fine of up to $2,500, or both fine and imprisonment.Exemptions shall be given by the Town when the cost of connection does Not meet cost effectiveness.

E. After completion of any new sewer line development, property owner connecting to the sewer shall have six months to connect to the system. For those property owners who may require additional time, a written request for a maximum three month extension shall be submitted to the Public Utilities Department for consideration. The request shall be presented sixty days prior to the imposed connection time limit.

F. Any parcel produced from a parcel split shall be required to connect to the sewer, as per Section 16-1-4-D.

G. Any existing non-conforming use parcel of land shall be required to connect to the sewer, as per Section 16-1-4-D.

Section 16-1-5 Public Sewer System Extensions (Ord. 00-04)

A. Size Requirements for Public Sewer and Service Laterals.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

1. Gravity public sewers shall be 8 inches in diameter, or larger, to be accepted as part of the Town

116

Of Quartzsite Wastewater Collection System, except as provided in subparagraph 2.

2. Six inch diameter public sewers will be accepted as part of the Town of Quartzsite Wastewater Collection System when:

a. The sewer serves only a small restricted area and is designed so that it cannot be extended to serve any additional area: or

b. The service does not exceed 250 feet in length; or

c. A manhole is located at the upstream terminus of the sewer.

3. The minimum size of a service lateral connecting to a public sewer shall be 4 inches in diameter.

B. Engineering Requirements.

1. The design and engineering of all public sewers shall be in conformance with the Town of Quartzsite’s Standard Specifications for Utility Installations.

2. All public sewers must be of a size to provide adequate capacity to service a specific designated area.

3. Construction drawings for such public sewers shall be certified by a registered engineer and shall be submitted to the Town Engineer for approval.

4. A letter of acknowledgement shall be submitted by the developer concurrently with the submittal of proposed project design drawings. Included in the letter will be:

a. Identification of the proposed project.b. Identification of the project developer.c. Acknowledgment of the project developer that:

1) The developer shall cause his professional engineer to submit all documents, required by the Arizona Department of Environmental Quality (ADEQ) Engineering Bulletin No. 10,

as applicable, to the ADHS for review and approval and to obtain all permits

required to facilitate completion of the proposed project.

2) The developer shall contract a professional engineer to provide detailed construction inspection services for the proposed project. Upon completion of the project, the developer’s engineer shall complete the ADEQ “Approval of Construction” documentation. Concurrently,

117

the developer’s engineer shall forward a copy of same, including one (1) set of mylar, reproducible as-built drawings, affixed with the developer’s engineer’s seal, and one electronic file to the Town of Quartzsite, Department of Public Utilities and Town Engineer for review and approval.

3) Upon issuance of the Approval of Construction by ADEQ,final

acceptance of the facility will be acknowledged by the Town of Quartzsite and the one-year warranty period shall commence.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

C. Conditions of Public Sewer Extensions.

1. All extensions to the Town of Quartzsite Wastewater Collection System shall begin at the nearest adequate public sewer, as determined by the Department and the Town Engineer.

2. A public sewer extension shall be required to extend across the total frontage of the property or development to be served.

3. Where the property or development is on a corner and includes two frontages, total frontage shall mean extension across one exterior side of the property or of the development, as determined by the Town Engineer in accordance with Sanitary Sewer Collection System Master Plan. All public sewer extensions will be eligible for reimbursements as provided in

Section 16-1-6.

4. The extension shall terminate at an upstream manhole, as determined by the Town with respect to the complete system, rather than at the end of the particular extension.

5. Public sewer extension shall be installed only in public streets, alleys, roads, highways, and other public and private property where satisfactory rights-of-way can be obtained by the Town.

6. The Town has no responsibility to maintain or repair the surface of any right-of-way or easement other than to restore it to its original condition following installation of any sewer extension.

D. Public Sewer Extensions Within or Bounding a Development.

1. Public sewers shall be installed to size, grade, and location as approved by the Town Engineer and in conformance with Town & ADEQ standards. Service laterals shall be installed to each lot within the development prior to paving the adjacent street. Where it is necessary to extend public

118

sewer from an existing adequate sewer to the development, the developer will be required to pay full cost of the line extension. The Town will enter into a reimbursement agreement with the developer as provided in Section 16-1-6.

2. The developer shall install service laterals, manholes and other Appurtenances including, but not limited to, sewer clean out, shut off valve at his expense concurrently with the public sewer construction in the development. All sewer improvements installed by a developer shall be guaranteed by the developer against any and all defects for a period of 1-year after acceptance of the installation by the Town & ADEQ.

3. The developer shall be responsible for ensuring that all conditions specified on the approved construction drawings have been met and certified by the Town Engineer prior to final acceptance of the system by the Town.

4. In the event that a public sewer is planned by a developer, and the area served by the development is smaller in size than the maximum area to be serviced by the proposed public sewer extension and its ultimate branches and laterals, the public sewer line shall be designed, engineered and constructed to service the maximum service area, as defined by the Sanitary Sewer Collection System Mater Plan.

5. In the event that the area to be developed is smaller than the maximum area to be serviced by the proposed public sewer, the Town may enter into a reimbursement agreement with the developer under provisions of Section 16-1-6.

E. Trunk Sewer Extension by Others.

1. Conformed to Requirements of Section 16-1-5:

a. Trunk sewer extensions, when undertaken by others, shall conform to the requirements of Section 16-1-5A through F inclusive.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

2. Sanitary Sewer Collection Master Plan:

a. All trunk sewer extension shall conform to the Sanitary Sewer Collection System Master Plan.

3. Plans and Specifications:

a. The Town of Quartzsite shall not perform field engineering or provide detailed plans and specifications for the developer.

b. Final detailed plans and specifications, easements and agreements for the trunk sewer extension and/or connection(s) must be signed

119

and approved by the Town of Quartzsite & ADEQ before construction begins.

c. The construction shall meet Town of Quartzsite & ADEQ specifications, and will be subject to inspection by the Town Engineer during this construction.

4. Adequate Capacity:

a. The maximum area to be served by any proposed trunk sewer extension and its ultimate branches shall be determined by the Town of Quartzsite based on the Sanitary Sewer Collection System Master Plan & ADEQ approval.

5. Contracting for Construction.

a. Sealed bids shall be required for any proposed trunk sewer line on which a reimbursement agreement is to be written. The bids shall be submitted to the Town for review after having been received and reviewed by the developer.

b. The Town as well as the developer shall have the right to reject any and all bids. Project construction cost shall be approved by the Town prior to commencement of construction.

c. Collector sewers, serviced laterals, and their appurtenances shall not be included in the trunk sewer project.

6. Reimbursement of Costs Where Applicable.

a. No costs will be reimbursed except on the basis of a reimbursement agreement in accordance with provisions of Section 16-1-6.

Section 16-1-6 Reimbursement Agreements (00-04)

A. Eligibility.

1. When a public sewer extension is installed outside or abutting the applicant’s lot, lots, subdivision or development, the applicant may be eligible for a public sewer extension reimbursement.

2. The Town will enter into an agreement with the original applicant of the public sewer extension and will collect and return to the applicant, as provided in the agreement, a public sewer reimbursement charge from parties wishing to make lateral connection to the sewer extension.

3. To be eligible for a reimbursement agreement, the original applicant for the public sewer extension must submit the certified costs of the extension as prescribed in Section 16-1-6-B within one hundred twenty (120) days from the date of acceptance of the line extension by the Town of

120

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

Quartzsite. Eligibility must be established in a timely manner so that project records and the utility atlas are fully updated. The applicant will be notified in writing of the availability of a reimbursement agreement by the Public Utilities Department.

B. Reimbursement Charge.

1. A public sewer reimbursement charge will be based on either one-half the cost per lineal foot of the sewer main extension abutting the premises of the part desiring to obtain a connection or connections to the main, or by an agreed upon fee per acre for the area served by the connection.

2. A certified cost per lineal foot of the sewer main extension shall be obtained by taking the total cost of construction of the extension divided by the total lineal feet of the sewer main extension installed.

3. The per parcel cost for reimbursement shall be obtained by one of the following methods, as appropriate:

a. Dividing the total cost of construction of the sewer main extension by the total number of parcels to be served by the extension, and subtracting the number of parcels to be served in the applicant’s development; or

b. Determining the difference between the total cost of construction of the sewer main extension and the cost for constructing an extension adequate to serve only the area of the applicant’s development, and dividing the difference by the number of parcels served in addition to the applicant’s development.

C. Cost of Construction.

1. The cost of construction of a main extension shall include in addition to the actual materials and installation costs of piping, manholes, wyes, and other appurtenances, including but not limited to, sewer clean out shut off valve and the engineering costs for preparation of plans and specifications, and costs for inspection and staking. The cost of service laterals shall not be included in the cost of construction of the sewer main extension for reimbursement purposes.

D. Payment by Applicant for Service Connection.

1. Every applicant for a service connection from a public sewer which is subject to a reimbursement agreement shall pay the appropriate public sewer reimbursement charge.

121

2. Applicants shall pay the public sewer reimbursement charge before construction of their connection to the sewer extension. This charge shall be in addition to all other applicable charges provided by these regulations, including the direct connection charge, inspection fees, and capacity charges.

E. Maximum Amount of Reimbursement.

1. The maximum amount of any reimbursement shall be identified in the agreement and shall not exceed 100% of the total certified construction cost of the extension plus accumulated interest. Interest to be compounded yearly and calculated based on the interest rate of U.S. Government Treasure Bills dated January 1 of each year following the date of acceptance of the line extension. The interest rate for the last months of a reimbursement period, if short of a full year, shall be at the interest rate as of January 1 of that year

2. The reimbursement cost shall be calculated using the reimbursement charge and multiplying it by the appropriate interest for each one year period or portion of one-year period. Interest begins at the date of acceptance of the line, and ends at the date of connection to that line by adding the

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

calculated interest to be calculated in the succeeding years period to the reimbursement charge amount before that period’s interest is calculated. The reimbursement cost will then be the sum of the reimbursement charge and each of the periods interest amounts. (Resolution No. 2644)

F. Terms of Reimbursement Agreement.

The reimbursement agreement shall have a maximum term of five (5) years and shall close at the end of that period whether or not the total amount of reimbursement has been made.

G. Applicability.

All reimbursement agreements shall comply with the above terms.

Section 16-1-7 Specific Sewer Service Areas and Area-Specific Sewer Line Extension Fees (00-04)

A. The department may recommend to the Council the acceptance of a specific sewer service area and the establishment of an area-specific sewer extension fee if:

1. An applicant for a permit to construct and extend a sewer line requests that the department approve construction of a sewer line with a capacity in excess of the size required to serve his development.

122

2. The department finds that such construction is:

a. In accordance with the sewer service plan of the town.b. That the construction is in the public interest.c. That the sewer line extension would have sufficient capacity to

serve property not owned by applicant.

3. The owner of the development submits plans and specifications for construction of the sewer in that service area to the department for review and approval.

B. The department may establish a specific sewer service area and an area-specific sewer line extension fee. A specific sewer service area and/or fee shall contain the following:

1. A description or map showing the specific sewer service area.

2. The cost of construction and installation of the sewer line and related facilities or a method to determine those costs.

3. A requirement that all landowners or other persons who connect to the sewer line extension shall pay, to the department an amount equal to theirpro rata share of the connection fee (in accordance with Section 1) or a fee based on parcel, lot, or tract or another appropriate method approved by the Town. These payments will pay for the cost of the plant, the

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

collections system, and related facilities and administrative costs of the department incurred in administering the specific sewer service area.

C. Prior to connection of the wastewater treatment system lines to the sewer line extension and area-specific sewer line, the department shall require such persons to pay their pro rata share of the cost as set forth in subsection B, paragraph 3 of this section.

D. Upon the recommendation of the department, the wastewater treatment system may advance a portion, or all, of the costs of construction of a sewer line extension or a sewage lift station with a capacity to serve a specific sewer service area and may establish an area-specific sewer line extension fee pursuant to subsection C of this section. The area-specific sewer line extension fee shall be utilized to reimburse the department for the cost of construction of the sewer line extension and/or lift station.

E. Sewer line extensions may be granted by the department at no cost to the user based on the financial viability of the extension and the projected user fees to be collected from additional system users connected to extension. A sewer line extension is generally determined to be financially viable if that extension generates sufficient flow in sewage and subsequent connection fees and monthly user fees to cover associated development costs, debt retirement and its pro rata share of operation and maintenance costs as determined by the department.

123

F. If the developer is required to pay for an oversized sewer in order to facilitate future connections between the Town interceptor and the newly developed property, the Town will enter into a development agreement with the developer which will outline reimbursement for the cost of the oversized portions of the sewer.

Section 16-1-8 Water Closet Required

It is prohibited for any person to occupy a residence or dwelling permanently connected to the wastewater treatment and collection system unless such residence or dwelling is equipped with a water closet in good working order, properly connected with the sanitary sewer where such sanitary sewer is available, or connected to an on-site wastewater disposal facility in good working order.

Section 16-1-9 Unlawful Acts

A. Any person who interferes with the officers or agents of the department in the discharge of their duties or who violate any of the provisions of this article is guilty of a misdemeanor. Such interference’s include, but are not limited to:

1. The tapping of either main or lateral sewer pipe belonging to the system.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

2. Laying, connecting, inspecting or repairing of either main or lateral sewer pipes.

3. The excavating, either directly or indirectly, of a street or alley for the purpose of connecting with the sewer system without first obtaining a permit from the department and the Town Building Department.

4. Illegal use of the wastewater treatment and collection system including, but not limited to:

a. Illegal deposit of any liquid or solid waste known to be not in compliance within acceptable waste treatment requirements.

b. Illegal connection of additional sources of sewer system i.e., RV,s connected to single-family residential sewer laterals.

c. Illegal operation of a commercial dump station connected to the wastewater system without first obtaining a dump station operation permit.

5. It is unlawful for any person whose property is connected to the wastewater system to allow any individual to dump septage into the wastewater system through their lawful connection without first paying the appropriate connection fees and monthly user fees.

B. No person shall discharge the contents of a swimming pool into a sanitary sewer.124

C. No person shall connect roof drains or storm water drains to the sanitary sewer.

Section 16-1-10 Penalties

A. Any person found violating the provisions of the Town of Quartzsite Wastewater Treatment System Code shall be subject to the following penalties and cost recovery:

1. Fines shall be those as set forth for a Class I misdemeanor.

2. In addition to the fine, costs equal to the remedy of the violation shall be assessed. Those costs include, but are not limited to:

a. Uncovering, inspecting, reinstalling (where required) and covering the tap.

b. Uncovering, inspecting, relaying or repairing the sewer.

c. Testing, re-excavating (where required), inspecting, backfilling and compacting of a street or alley excavated without a permit.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

d. Correcting or repairing any physical damage caused by an illegal discharge.

e. Correcting any process malfunctions and the resultant ADEQ fines (if accessed) caused by an illegal discharge.

ARTICLE 16-2 WASTEWATER TREATMENT, DISCHARGE & REQUIREMENTS

16-2-1 Authority of Wastewater Treatment Department16-2-2 Sewer Fees (Res no. 10)16-2-3 Industrial User Requirements16-2-4 Septic Tank, Scavenger Waste Haulers and Commercial Dump

Stations16-2-5 Accidental Discharges16-2-6 Discharge Restriction16-2-7 Industrial Pretreatment Requirements16-2-8 Penalties and Remedies16-2-9 Easements

Section 16-2-1 Authority of Wastewater Treatment Department

A. Design, Review and Issuance of Construction Permit . The Town wastewater treatment department, in conjunction with the Town building department, shall review all designs, plans, specifications, etc., relating to connection systems, pumping structures, monitoring stations, pretreatment works and sewer connections prior to issuing a construction permit. The department, in conjunction with the Town building department, shall issue a construction permit only if they are satisfied that all documents are in compliance with this code and

125

the connection systems, pumping structures, monitoring stations, pretreatment works and sewer connections will operate in a safe and sanitary manner. Prior to the issuance of a construction permit, the owner shall pay all fees assessed by the Town.

B. Inspection .1. Inspectors: Inspections of every facility that is involved either directly or

indirectly with the discharge of wastewater to the sewer system may be made by the Town engineer, the wastewater treatment department, the Town building department or their designate as they may deem necessary.

a. These facilities shall include, but not be limited to, sewer, sewage pumping plants, pollution control plant, all industrial processes, industrial wastewater generation, conveyance and pretreatment facilities, devices, connecting sewers and all similar sewage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this article.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

b. Access to all of the above facilities, or to other facilities directly or indirectly connected to the sewage systems, shall be given to authorized personnel of the department and/or the Town at all reasonable times, including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the Town department or its designate.

c. No person shall interfere with, delay, resist, or refuse entry to an authorized department or Town inspector attempting to inspect any wastewater generation, conveyance, or treatment facility connected directly or indirectly to the sewage system.

2. Construction inspections: All sewers to be attached directly to a sewer shall be inspected by personnel of the wastewater treatment department and Town building department during construction. At least forty-eight hours prior to taping the sewer, the wastewater treatment department and Town Building Department shall be notified. In making a connection to a sewer, no physical alteration of the facilities shall commence until an inspector is present. No wastewater shall be discharged into any sewage facility prior to obtaining inspections and approval of construction from the Town department. Following satisfactory completion of construction, the department shall issue a construction inspection certificate.

C. Collection of Fees and Miscellaneous Powers . Fees levied pursuant to this code shall be collected by the department. The department shall enforce such rules and regulations the Council authorizes as for the safe, economical and efficient management and protection of the system; for construction and use of the sewers and connection to the sewer system; and for the regulation, collection,

126

rebating and refunding of such sewer fees.

Section 16-2-2 Sewer Fees (Res. No. 01-06/Ord No. 09-36)

A. Necessity for Charges . It is hereby deemed necessary for the protection of the public’s health, safety and welfare that this system conform with federal, state and local laws and regulations. It is also necessary that a system of charges for sewer service be established which allocates the cost of providing sewer service to each user in such a manner that the allocated costs are proportionate to the cost of providing sewer service to that user, insofar as those costs can reasonably be determined.

B. Charges Established . Sewer charge categories will include, but are not limited to:

1. Sewer system capacity fee.2. Sewer user deposit.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

3. Sewer use charges.4. Hook-up fees.5. Tap fees.6. Septage or scavenger waste fees.7. Industrial cost recovery fees.8. Administration fees (inspection, plan review and permits).9. Special assessments.10. Delinquent charges.

The actual rates and categories will be set by resolution which shall be amended from time to time. The rate will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

C. Rate Establishment Procedures . Rates for each type of sewer charge and associated fees shall be reviewed periodically by the department and/or the Municipal Utility Administrative Committee. If the department recommends changes to the fee structure, they shall issue a request to the Council with a recommendation for fee modification. The Council shall then act upon the recommendation in accordance with the A.R.S. § 9-511.01. The rate schedules adopted by the Council shall be based upon the following factors:

1. Annual debt service charge for the retirement of project debt.

2. The total applicable cost of salaries and benefits of employees engaged in providing sewer service.

3. Applicable operating expenses, including parts, materials and services incurred in providing sewer service.

4. Applicable equipment replacement costs necessitated by the provision of sewer service.

127

5. Appropriate indirect costs of the department and other Town departments in rendering sewer related services, such as purchasing, accounting, billing and administration and insurance.

6. Other pertinent factors as determined by the Municipal Utility Administrative Committee and/or the Council.

7. Any shortfalls of operating revenue in prior operating period(s).

8. Any reserve funds required by funding agencies.

D. Sewer Use Charge .

1. For the purposes of determining the sewer use charge, the charge shall be based upon equivalent residential units. Each contributor on the system shall be evaluated as to their flow contribution and set as their

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

proportionate share of the equivalent residential unit. Sewer use charges shall commence when connection of the sewer line to the facility being served is no longer physically connected to the Town sewer line. The service charge shall be collected from the property owner whether or not said unit is occupied during the building period or any period when the property is not occupied.

2. Billing and Payment. Sewer service charges in this section shall be billed and paid monthly. Property owners shall be required to pay a deposit equivalent to one month when sewer service is requested. If monthly payments are made on time for twelve months, the deposit will be refunded, upon written request, by the owner.

3. Rate Schedule. The actual rates and categories will be set by resolution which shall be amended from time to time. The rate shall be established in compliance with the public hearing requirement of A.R.S. § 9-511.01.

Industrial rates shall be based upon volume of wastewater discharged and BOD and SS of the wastewater discharged. The actual rates and categories shall be set by resolution which may be amended from time to time. The rates shall be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

E. Sewer Use Charge; Determination of Payments and Charges . A proportionate charge shall be made to all users who discharge wastewater, either directly or indirectly into the sewer system based upon equivalent residential units.

F. Determination of Wastewater Quality . For industrial discharges, wastewater quality shall be determined from actual testing or from historical data; whichever is appropriate. The Council on recommendation of the Municipal Utilities Administrative Committee, shall, as necessary, modify these determinations and/or revise classifications in a continuing attempt to maintain equitable chargesfor the service required.

128

1. Testing by direct sampling, utilizing recognized field techniques, equipment and procedures shall be used for all industrial users. The BOD5 test shall be considered the standard test; however COD or TOC tests may be substituted in cases where it has been determined by the wastewater treatment department that the BOD5 test is not representative of actual wastewater loading. Wastewater characteristics shall be determined by the wastewater treatment department on the basis of monitored wastewater discharged, a certified statement from the user, or on the best available data as to the characteristics of such discharges.

2. Any change in the ongoing process(es) employed by a user contributing industrial waste which results in a variation of more than twenty-five percent in one or more of the effluent loading concentrations shall be

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

reported to the wastewater treatment department within thirty days of such change.

3. If it is determined through testing that a significant variation exists between the user’s certified data and the discharge characteristics monitored by the wastewater treatment department, the department shall adjust the sewer use charge based on the monitored data from the original date of certification, unless written communication has occurred, notifying the wastewater treatment department of changes in loading and giving specific dates of changes.

4. Designated Discharge: Where sampling and gauging of a specific user is not practical for physical, economic, safety or other reasons, the wastewater treatment department shall designate values for concentrations of the wastes discharged into the sewer system for all users in the same standard industrial classification or sub-classification.

G. Sewer System Capacity Fee . For the purpose of providing revenue to assist in the financing and to more equitably distribute the cost of the construction of necessary additions to the sewer system and the sewage treatment facilities, it is hereby determined and declared necessary to provide for the establishment, exaction and regulation of a sewer capacity charge as hereinafter determined, with such charge to be in addition to any and all other fees which shall be imposed with respect to the said sewer system.

The funds received from the collection of such charge, as it is herein authorized, shall be deposited daily with the Town who shall credit them to a special fund from which the Council may take appropriations for the payment of the cost and expense of the construction of the sanitary sewer system, pump stations and sewage treatment works and for the payment of the cost and expense of extensions to, or the enlargement of same.

The department director shall be and is hereby authorized and directed to charge and collect a sewer system capacity charge whenever:

129

1. A sewer system agreement has been executed by the parties.

2. Application is made for the issuance of a sewer permit to provide sanitary sewer service to a new structure.

3. At the time an existing structure is enlarged or its use changes.

4. When an existing structure is removed and a new structure built and reuse is made of an existing sanitary sewer service or a new sanitary sewer service is constructed, where such property is or will be tributary, directly or indirectly to any sanitary sewer built by the Town.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

Credit for any existing structure which has a use change, or for an existing structure enlarged or removed, may be applied against the system capacity imposed in the amount of the original structure charge up to, but not more than, the current charge.

H. Tap Fees . If a sewer tap is required to connect any building sewer or house sewer to the sewer system, a deposit for such tap shall be paid prior to the tap construction. The actual rates and categories shall be set by resolution which shall be amended from time to time. The rate shall be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

I. Special Assessments . This fee is applicable in the event of an unusual industrial Connection (see Section 16-2-4, or in the event of a specific sewer service area or area-specific line extension see Section 16-1-3), or in the event of an unforeseen event which shall require specific consideration.

J. Septage and Scavenger Waste Fees . Fees and charges for treatment of normal scavenger wastes shall be based on the costs of providing such services and on the expected overall average characteristics of such discharges, which shall be designated as 500 mg/l BOD and 500 mg/l suspended solids. The department shall designate characteristics on which to base charges in special situations such as discharges from sewage holding tanks on submission of proof that waste discharges have other than expected overall average concentrations and with provision of positive identification procedures. Charges shall be billed to licensed haulers at monthly intervals or at the discretion of the Council and shall be considered delinquent if not paid within 30 days of the billing date. Delinquency in payment shall be basis for revocation of permit.

K. Administrative Fees . Administrative fees shall include, but not be limited to:

1. Reimbursable expenses of the department.2. Bad check charges3. Lien recording fees.4. Account transfer fees.5. Plan review fees.6. Inspection fees.

130

The actual rates and categories will be set by resolution which shall be amended from time to time. The rate will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

L. Special Assessment Fees . For properties not within the present service area of the sewer system, the applicable fees shall include a connection fee payable on a lot or per parcel basis, which shall be established by the Council, similar in amount to the costs of construction of an equivalent collector sewer system adjacent to the landowner’s property, including the cost of construction, engineering, legal and administrative services, and in accordance with the benefit

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

received plus a fee for administrative services and in accordance with the benefit received, plus a fee for each lateral constructed in the public right-of-way to service the property; said money to be paid directly to the department in cash prior to the time of the connection to the department sewer system. Said money so collected is to be used to pay all or part of the cost of installing other main line sewers in the town as and when designated by the Council, or the costs of construction of additional sewage capacity. When said monies are not being expended for that purpose they are to be invested or spent at the discretion of the Council. The actual rates and categories shall be set by resolution which shall be amended from time to time. The rate shall be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

M. Delinquent Charges .

1. All rates and service charges are due and payable when rendered and shall be delinquent fifteen days after the date of the billing. Any delinquent account requiring special collection effort shall be assessed a delinquent collection charge. The actual rates and categories shall be set by resolution which shall be amended from time to time. The rate shall be established in compliance with the public hearing requirements of A.R.S. § 9-511.01. If the total of such delinquent charges is not received within five days after date of delinquency and notice of delinquency having been given, sewer service shall be disconnected, after notice, to the premises of the delinquent consumer and a delinquent disconnect fee charged to the customer’s account. The delinquent disconnect fee, plus the total amount of the bill due, and any deposit used to remedy the delinquency shall be collected before providing sewer service again to delinquent customer.

2. Customer’s sewer service shall be disconnected for nonpayment of a bill for sewer services rendered at a previous location provided such bill is not paid.

3. Any expense caused to the department for the repair or replacement of damaged, stolen, tampered or misused sewer facilities shall be charged against and collected from the person who caused the expense.

4. When a user of the sewer system has been notified of amount of sewer use charges remaining due after the deduction of his user deposit and

131

payment of the same has not been received within five days, the department shall assign the account to a bona fide collection agency.

5. Before sewer service will be provided to any premises, all charges against the premises then due and payable to the department, as required by this code, or including any of the following items must have been paid; on account of labor supplied or materials furnished by the department in the installation of service pipes connecting the premises with the town sewer

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

mains or for tapping the system sewer line; on account of service of sewer service previously supplied to the premises, whether used by the applicants or by some previous occupant of the premises; or on account of the assessment of any fine or penalty; or for turning sewer service off or on; or for repair or replacement of damaged, stolen or misused sewer works facilities.

6. Before disconnecting sewer for nonpayment of any sewer user charge, deposit or other assessment provided for in this code, the department shall give written notice of the discontinuance to the person and afford them or their designee an opportunity to appear before the department on any disputed matter relative to the discontinuance of sewer service.

7. A water/sewer customer who defaults in his or her obligation for the payment of utility monies owed to the Town of Quartzsite is liable for any and all fees and charges assessed by a collection agency that is licensed pursuant to Title 32, Chapter 9, Article 2, Arizona Revised Statutes, and that is engaged by the Town of Quartzsite to collect and enforce such payment. The collection fees and charges assessed by the collection agency shall be added to the sum or sums due from and chargeable against the customer.

N. Distribution of Sewer System Revenue and Establishment of Special Funds .

1. There shall be established the following funds into which the sewer charges, as levied herein, shall be distributed:a. Sewer System Operations, Maintenance and Capital Outlay Fund.

The sewer system operations, maintenance and capital outlay fund shall be used exclusively for debt service, operational expenses and equipment replacement expenses associated with the provision of sewer system services.

b. Renewal and Replacement Fund. The sewer system renewal and replacement fund shall be used as follows:(1) To fund any budget shortages in the sewer system

operations, maintenance and capital outlay fund.

(2) Funds collected in the renewal and replacement fund in excess of 1.25 times the annual system debt service and operation and maintenance costs shall be utilized within the system as deemed appropriate by the Council on

132

recommendation by the Municipal Utility Administrative Committee and the department.

c. Sewer System Users Deposit Fund. The sewer system users deposits shall be utilized exclusively for the purpose of temporarily paying a customer’s delinquent fees.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

2. The distribution of sewer charges shall be as follows:

a. Sewer System Capacity Charges. All Sewer system capacity fees (connection fees) will be deposited in the renewal and replacement fund.

b. Sewer System User Charges. Sewer user fees shall be allocated to the sewer system operations and capital outlay fund.

c. Sewer System User Deposits. One hundred percent of the sewer user deposit fund shall be used to assure payment of monthly users fees by customer, as follows:(1) If a customer is delinquent (see Section 16-2-2 N) in paying

their monthly user fee, then the department may utilize a portion of that user’s deposit to bring the account current.

(2) The customer will be considered delinquent until the deposit is returned to the full amount.

(3) If a customer in good standing is disconnected and/or sells their property, the total amount of the deposit will be refunded upon written request.

d. Special Assessments.

(1) Special assessments shall be utilized in accordance with the agreement between the wastewater department and the customer.

(2) Additional connection applications shall not be accepted after the plant reached “calculated design capacity” without review and approval by department confirming that actual maximum measured flow and treatment capacity does not exceed design capacity.

Section 16-2-3 Industrial User Requirements

A. Sewer Charges . Industrial users shall be required to pay a user fee. The actual rates and categories shall be set by resolution which shall be amended from time to time. The rate will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

B. Permits Required . All industrial users, as defined herein, shall obtain a permit for connection and discharge to The Town’s sewer system from the department.

133

C. Permit Application Requirements and Conditions :

1. An industrial user shall make application for a permit on a form provided by the department.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

2. The application will not be accepted unless the fee is paid.

3. An applicant, upon compliance with the terms and conditions established by this code for the issuance of industrial wastewater discharge permits and upon payment of established fees, shall be issued an industrial wastewater discharge permit which shall be valid for a period of one year from the date of issuance.

4. An applicant, upon continued compliance with the terms and conditions discharge permits, shall file an application for renewal of an industrial wastewater discharge permit, shall pay the town the appropriate renewal fees and shall be issued a renewed industrial wastewater discharge permit which shall be valid for a period of one year from the date of issuance of the renewal

5. An applicant seeking an industrial wastewater discharge permit must submit, as part of its application, the results of an analysis, compliance with standard methods, as that term is herein defined, and conducted by a professional testing laboratory acceptable to the department of a grab sample or a daily composite sample, as those terms are defined herein, of the effluent discharge from the applicant’s plant.

6. An applicant shall submit, as part of its application for a permit, a discharge report which must include but not be limited to, nature of process, volume, rates of flow, production quantities or any other information that is relevant to the generation of waste, including substances and concentrations in the wastewater discharge.

7. An applicant shall, as part if its application for a permit, submit a plat showing location and size of on-site sewers, sampling points, pretreatment facilities, sewers and any other pertinent details.

8. An applicant shall, as part of its application for a permit, list each product reproduced by type, amount and rate of production and the chemical components and quantity of liquid or gaseous materials stored on site, even though they may not normally be discharged into the sewer system.

9. In the event a producer of industrial waste who is authorized to make a connection to the sewer for industrial waste disposal under the provisions hereof, is sold, leased or whose operation is assumed or taken over by another person other than that named in the permit, a new application for permit shall be made by the new owner, lessee or operator. No permit issued under the provisions hereof shall be assignable, and a violation of this provision shall be grounds for summary suspension or revocation of

134

such permit by the wastewater treatment department.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

10. It shall be a condition of the permit that the department may at any time test any of the wastes being discharged by the company or plant for quality or quantity. A duly authorized department representative may enter the permittee’s premises at any time during business or operation hours for the purpose of inspecting plant operations to estimate quality and quantity of wastes as defined herein.

11. It shall be a condition of a permit that the permittee will install facilities (sampling well) at the permittee’s expense for the purpose of the wastewater department’s’ representative inspecting, observing and sampling representative flows.

12. It shall be a condition of the permit that periodic reports, hereinafter set forth or as required by the department, be submitted to the department.

13. Issuance of an industrial wastewater discharge permit shall not release the permit holder from the obligation to comply with all other provisions of this section.

14. The department shall change the conditions of any permit from time to time as circumstances, laws or regulations enacted by the state or federal government may require.

D. Industrial Agreements . Agreements between an industrial user and the department shall be entered into when any of the following conditions exists.

1. The user desires to reserve excess capacity in the sewer system. In such a case, the industrial user may be obligated to pay user charges on the capacity reserved for a minimum period of time as agreed to by the parties.

2. The user is a significant user as defined in this section.

E. Waste Monitoring Program .

1. In order to insure continuing compliance with the limitations and restrictions set forth in this article, each industrial user shall monitor its discharge to the sewer system by testing the discharge with sufficient frequency to insure that such limitations are not exceeded and such restrictions not violated. Such testing may be accomplished by a professional laboratory, or in cases where the user has sufficient testing capability, facilities, and expertise by the user itself.

2. The department shall require a laboratory analysis of a user’s discharge at any time. Such analysis shall be performed by:

135

a. An independent laboratory acceptable to the department.WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

b. An department laboratory operated by the department.

c. The user itself.

The authority to determine who shall perform the analysis rests with the department. The department shall require that all costs associated with such analysis be borne by the user.

The user shall permit access to the sampling point or sampling well to the department’s representative or the independent laboratory for the purpose of obtaining a sample during any hours of operation by the plants.

F. Reporting Requirements . A verified report shall be filed annually by all users with industrial wastewater discharge permits. Those users seeking renewal of an industrial wastewater discharge permit shall file said report with the application for renewal. The report shall include, at a minimum, the following:

1. The results of the test of quantity, using measuring equipment as required by this article.

2. A statement as to whether or not the applicant has made any changes in its operations that has or will, within the terms of the permit, increase the strength, volume or any other characteristic of the applicant’s discharge into the sanitary sewer system.

3. If the applicant has made changes in its operations that have or will increase, during the term of the permit, the strength, volume or any other characteristics of the user’s discharge into the sewer system, then:

a. The applicant shall describe the changes in operation that alter the strength, volume or any other characteristics of the discharge.

b. The applicant shall, if the department so requires, submit an analysis complete with standard methods and conducted in accordance with this section.

It shall be prohibited for a permit holder to change its industrial process without approval of the department if such change results in the user exceeding the levels for flow and discharge quality stated in the user’s permit.

Section 16-2-4 Septic Tank, Scavenger Waste Haulers and Commercial Dump Stations

A. It is unlawful to discharge or to allow to discharge septage and/or scavenger wastes into the system without a septage discharge permit.

B. Permit to Discharge . All person or companies wishing to operate a commercial dump station, or to discharge septage or scavenger wastes into the sewer

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE136

system must first obtain a scavenger waste discharge permit from the department. Permit applications shall include information on company ownership, identification and license number of all trucks to be used for delivery of waste to sewer facilities. It shall also include truck capacity and other information relating to the method of metering the septage or scavenger wastes into the system. Permit applications shall be signed by a responsible owner or manager of the company applying for permission to discharge. All waste hauling equipment and waste collection tanks operated by companies with permits shall be registered with the department and shall be identifiable by display of an assigned registration number and the truck or tank capacity in gallons.

C. Permit to Operate Dump Station . All persons wishing to operate a dump station for the purpose of collection of septage from non-continuous sources shall first apply for and receive a dump station permit from the department. All dump stations must consist of holding tanks with the capability of being sealed and locked, thus prohibiting collection when not in use. Each tank must be independently connected to the wastewater collection system and contain a lockable valve by which the discharge of the collected septage shall be regulated.1. The permits provided for in this section shall be issued by the department

to all applicants who comply with the terms and conditions set forth in this section and who pay the permit fee set annually by Council resolution, which fee reasonably corresponds to the expenses incurred in processing the application, and which fee is proportionally greater for accepting septic and/or scavenger wastes for discharge into the system.

2. The permits issued, as provided for in this section, shall expire one year after the date of issuance.

3. Non-compliance with any part of this section or subsequent regulations shall subject the permit holder to revocation of permit to utilize the services of the Town sewer system for disposal of septic and/or scavenger wastes. Re-issuance of permit to discharge after revocation shall be at the discretion of the department and shall be made subject to such conditions as it deems appropriate.

D. Regulations . The Council, by resolution, shall establish such regulations as deemed necessary to control the discharge of scavenger wastes to the sewer system.

E. Provision of Services Normal wastes from septic tanks, sewage treatment plants, etc., shall with the appropriate permit be discharged routinely. Permission to discharge other wastes that are not readily biodegradable or are not known to be compatible to the operation of wastewater treatment plants shall be refused. Special request shall be made to the department prior to discharge of any material of questionable acceptability. Some specific reasons for refusal of service shall include:

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

1. Material deleterious to treatment plant operation or operators, such as oils, 137

greases, gasoline, toxin’s, volatile solvents, sand, metallic particles or paints.

2. Materials which would cause unusual expense in handling and treatment unless prior arrangements have been made for the payment of additional costs of service.

3. Materials which would inhibit the performance of the treatment plant, such as acids, plating wastes or toxic materials.

The discharge of septic and/or scavenger wastes shall be permitted only at locations and during such hours as shall be established by the department. Thedischarge of septic and/or scavenger wastes to the sewer system at any other location is prohibited.

F. Dump Stations . Discharge of septage into the wastewater collection system from commercial dump station collection tanks shall be supervised by a department representative according to the following procedure:

1. Amount of septage collected in tank(s) shall be verified by department representative. Tank(s) shall then be sealed by department representative to prevent further collection of septage.

2. Tank(s) will be opened to allow septage discharge into collection system at an acceptable discharge rate to be determined by department representative based upon current system loading.

3. Upon notification that tank(s) are empty, department representative shall unseal tank for acceptance of septage.

G. Fees and Charges . Fees and charges for treatment of normal septage and/or scavenger wastes shall be based on the costs of providing such services and on the expected overall average characteristics of such discharges which shall be designated as 500 mg/l BOD and 500 mg/l SS. The department shall designate characteristics on which to base charges in special situations, such as discharges from sewage holding tanks, on submission of proof that waste discharges have other than expected overall average concentrations and with provision of positive identification procedures. Charges shall be billed at monthly intervals or at the discretion of the department and shall be considered delinquent if not paid within thirty days of billing date. Delinquency in payment shall be on the basis of revocation of permit. The actual rates and categories will be set by resolution which shall be amended from time to time. The rate shall be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

The fees shall be set periodically and shall be based upon:

1. The actual measured discharge or truck capacity as appropriate.138

2. The amount of BOD contained in the discharge.3. The amount of suspended solids contained in the discharge.4. A service fee for each load discharged.5. Such other factors as are determined by the Council as pertinent.

Section 16-2-5 Accidental Discharges

A. Each permitee shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this code.

B. For countermeasures to be taken by the department to minimize damage to the sanitary sewer system and/or degradation of the receiving waters, permittee shall notify the department immediately upon accidentally discharging wastes in violation of this code. This notification shall be followed within fifteen days of the date of occurrence by a detailed written statement describing causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve permittee of liability for any expense, loss or damage to the sanitary sewer system or for any fines imposed on the department on account thereof and/or for any enforcement action pursuant to this occurrence.

C. In order that officers, agents and employees of permittees be informed of the department’s requirements, permittee shall make available to their employees copies of this code, together with such other wastewater information and notices which may be furnished by the department from time to time for the purpose of improving and making more effective water pollution control. A notice shall be furnished and permanently posted on the permittee’s bulletin board advising officers, agents and employees whom to call in case of an accidental discharge in excess of the limits authorized by the permit.

D. Any possible connection or entry point for a hazardous and/or prohibited substance to the permittee’s plumbing or drainage system shall be appropriately labeled to warn operating personnel against discharge of such substance in violation of this section.

Section 16-2-6 Discharge Restrictions

A. The department shall determine the acceptability or unacceptability of any discharge to the system. Such a determination shall be made on the basis of sound engineering and operational evaluations, taking into consideration the nature and concentration of the discharge, its point of entry into the system, its compatibility with other discharges in the system, its compatibility with the treatment facility receiving it and all other factors pertinent to the effect of the discharge on any part of the system or treatment process. The department shall

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

impose charges on any user of the sewage works who discharges wastes having a strength greater than normal sewage or containing non-permissible quantities or prohibited substances into the public sewer system. The charges so imposed shall be based on the extra costs incurred by the department in surveillance, sampling and testing of the discharges, additional operating and maintenance

139

expenses and any other actions required to identify, handle, process or supplement normal activities due to the unauthorized discharge of excessive strength or unusual character wastes, plus overhead charges. Failure by a user to pay the charges and to provide such corrective measures as may be required to prevent further unauthorized discharges, after due notice by the department and being given a reasonable time to comply, shall be sufficient cause to discontinue sewer service to the premises.

B. Unacceptable discharges shall include but not necessarily be limited to those which have been determined by the department to:

1. Contain materials or substances which would constitute a hazard to life of personnel engaged in inspection, maintenance and operation of the system.

2. Contain materials or substances which are toxic, as defined in this code.

3. Contain materials or substances which are in any way deleterious to any part of the system.

4. Contain concentrations of any toxic or deleterious materials or substances in excess of any limits set thereon, in accordance with this code.

5. Cause the department to incur excessive expense in the handling or treatment thereof.

6. Be incompatible with the treatment process or inhibit the performance of the treatment process at the town wastewater facility.

7. Be of such volume or contain such BOD, suspended solids or other material load which could cause the treatment facility to exceed its design capabilities.

8. Cause a treatment facility of the department to fail to meet effluent requirements set by state and federal regulatory agencies or cause such effluent to have a degrading effect on the receiving body of water.

9. Contain viable pathogenic organisms in such quantities as to be a hazard to public health.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

C. The department shall refuse the service of the facilities to any person whose discharge is determined by the department to be unacceptable in accordance with the provisions of this code.

D. No person shall release or cause to be released or allow to run, leak or escape into the sewer system any discharge containing any materials or substances considered by the department to be toxic, as defined in this code, or to be in any

140

way deleterious to any part of the sewer system or treatment process. Certain materials shall by their nature be considered by the department to be toxic or deleterious except in small quantities or concentrations. Such materials or substances shall include by not necessarily be limited to:

1. Construction materials, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, fur, waste or any solid or viscous substance capable of or causing obstruction to the flow in sewers or other interference with the proper operation of the sewer system.

2. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solids or gases.

3. Steam or hot water above 105º Fahrenheit (40º Centigrade).

4. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 33ºF. and 150ºF. (1º C. and 65º C.).

5. Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property apt to cause damage or hazard to structures, equipment of the sewer system or personnel employed in its operation.

6. Any water or waste contain readily releasable cyanide (cyanide released at a temperature of 150º F./65º/and pH=2.5) in excess of 2 mg/l; any water or water containing total cyanide in excess of 5mg/l.

7. Coal tar, its derivatives and waste.

8. Any liquids or wastes containing toxic, radioactive, poisonous or other substances in sufficient quantities or rate of flow as to injure or interfere with any of the sewage treatment process, to cause corrosive structural damage, to constitute a hazard to human beings or animals or to create any hazard in the receiving waters.

9. Any storm water, surface water, ground water, roof runoff, surface drainage, cooling water or unpolluted process water.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

E. Certain toxic substances and pathogenic bacteria, admission of which into the system would otherwise be prohibited, shall be acceptable in a discharge if 1) reduced by treatment at the source to a point that it will meet the general purposes of these rules and regulations or come within any applicable standards set thereon now or hereafter in accordance with these regulations, or 2) discharge in such small concentrations so as to not be injurious to personnel; sewers; any biochemical, biological or other sewage treatment process or receiving water. Such substances shall include but not necessarily be limited to:

141

1. Any alcoholic, antibiotics, arsenic, bromine, iodine, chlorine, copper, copper salts, creosols, creosotes, fluorine, formaldehyde’s, mercury, phenols, phenol derivatives, silver, silver compounds, toxic dyes (organic or mineral) or zinc.

2. Any strong oxidizing agents, such as chromate’s, dichromate’s, permanganates or peroxides.

3. Any chemical compounds producing toxic, flammable or explosive gases either upon acidification, alkalization, oxidation or reduction.

4. Any strong reducing agents such as nitrates, sulfides, sulfites and thiosulfates.

5. Any waste from industrial process, hospital procedures or commercial processes containing viable pathogenic organisms.

F. Table A lists the maximum allowable values of certain materials in or characteristics of wastewater entering the sewer system. The department reserves the right to establish standards for substances not contained in this list. In setting additional standards, the department will generally follow the standards of the Water Pollution Control Federation. In defining and interpreting the values of Table A, reference shall be made to Standard Methods for the Examination of Water and Wastewater, American Water Works Association, latest edition.

G. Any discharge to the sewer system containing garbage may be made acceptable by means of grinding and dilution, provided, however, that the installation of and operation of any garbage grinder equipped with a motor are subject to review and approval by the department prior to such installation and operation and are subject to periodic inspection by the department thereafter.

TABLE AMaterial or MaximumCharacteristic Allowable Value

Arsenic 0.1 ppmBoron 1.0 ppm

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

Barium 10.0 ppmChromium, total 10.0 ppmCopper 10.0 ppmCyanides 2.0 ppmCadmium 2.0 ppmLead 0.1 ppmManganese 0.5 ppmMercury 0.05 ppmNickel 10.0 ppmSelenium 0.1 ppmSilver 0.5 ppmZinc 10.0 ppm

142

Iron 25.0 ppmPhenols 0.5 ppmTemperature 105º F.

The above limitations are intended to apply generally to all industrial users within the sewer system. If and when State and Federal regulatory agency regulations require a specific pretreatment concentration for a specific industry, whichever is the more stringent concentration level between these regulations shall apply.

Section 16-2-7 Industrial Pretreatment Requirements

A. Pretreatment will be required in the following instances and the department shall submit to the applicant the pretreatment levels which must be obtained.

1. If the department determines upon the initial application for a permit under this section that the proposed industrial waste must be pretreated by the applicant to lower the level of any of the components of the industrial waste discharge to the sewer.

2. In the event that the department must improve the discharge from its wastewater treatment plant or plants, the department shall require that a permit holder install or enlarge pretreatment facilities to lower the affected component of the permittee’s industrial waste discharge.

3. If any wastewater prohibited under the conditions of this code is produced, such producer shall pretreat the wastewater to the extent required to comply with the standards established herein before discharging to any sewer.

4. The acceptability of a pretreatment method for any given discharge, an application for which has been made in accordance with this section and the terms for the installation and use thereof, shall be reviewed by the department. Such a review shall be made on the basis of sound engineering and operational evaluation, taking into consideration all

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

factors pertinent to the effect of the discharge, both before and after pretreatment on any part of the system.

5. Pretreatment facilities shall at all times be subject to inspection by the department in order to determine if such facilities are efficiently performing the function for which they are installed.

6. If the department determines that a permittee, because of plant expansion and/or changes in plant operations, has increased either the strength or volume of the discharge, the department may require additional pretreatment to lower the level of the volume and/or any components of the industrial waste before discharge, unless such permittee has previously made industrial cost recovery payment for reservation of additional industrial capacity.

143

Pretreatment facilities required under the foregoing subsections shall be provided, operated and maintained at the permit holder’s expense.

B. Any sludge or other material removed from the industrial waste by the pretreatment facility shall be disposed of in accordance with applicable federal, state and local laws.

C. Dilution of waste discharged to the sanitary sewer system is prohibited, whether accomplished by the combination of two or more waste streams by a producer or producers, or by the addition of other liquids solely for the purpose of diluting the quality of the waste discharge.

One or more producers may, upon application and approval by the department, combine industrial waste streams prior to discharge to the town sanitary sewer system if, and only if, such combination of industrial waste streams produces a combined discharge of better quality than the two industrial waste streams would have been if discharged separately. However, if one or more producers are allowed to mix industrial waste streams to produce a better discharge, the user charge established herein, based on the quality of its industrial waste streams prior to combination, shall be paid to the town.

D. Detailed plans showing any pretreatment facilities shall be submitted to the department for approval before construction of the facilities. The review of such plans will in no way relieve such permit holders from the responsibility of modifying and operating the facilities to produce an effluent complying with the established conditions of the permit and federal regulations. Any subsequent, significant changes in the approved facilities or methods of operation shall be reported to the department and must be reviewed and approved by the department as complying with the provisions herein established. Furthermore, all facilities, methods of operation and discharges must comply with the rules and regulations contained in 40 C.F.R., Part 402.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

E. After the construction plans for such pretreatment plants have been approved and a permit issued, the plans shall be placed on file in permanent reproducible form with the department without cost to the department before a connection permit will be issued.

Section 16-2-8 Penalties and Remedies (Ord. 98-04)

A. There shall be a penalty imposed for violation of any of the following requirements, conditions, limitations or restrictions established in this code. The fines shall be those as set forth for any code violation.

1. Exceed quantity discharge limitations as set forth herein or as made part of an industrial wastewater permit.

144

2. Permit the discharge of excessive concentrations of substances limited by this article or by an industrial wastewater permit issued pursuant to this code.

3. Permit the discharge of any substance prohibited by this code or by a permit issued pursuant to this article.

4. Fail to pay any applicable sewer charge established by this code.

5. Knowingly misrepresent or omit any pertinent information from application permits or reported required by this code.

B. The imposition of a fine pursuant to this code shall not preclude the department from taking any other action necessary to recover fees, penalties or damages due and owing and arising out of the same occurrence.

Section 16-2-9 Easements

A. All property owners desiring the connection of the improvements on their property to the sewer system of the Town shall grant to the Town, at no charge, those easements necessary to properly effectuate the sewer connection desired.

B. All easements granted to the Town shall be subject to the following restrictions and conditions of use:

1. No person, firm or corporation having charge of property subject to easement in favor of the Town shall hereafter construct, build or establish a building upon the property subject to said easement. A building means a house, commercial building, industrial building or any structure of a size or construction that the moving thereof would cause great inconvenience to any person.

WASTEWATER TREATMENT AND COLLECTION SYSTEM CODE

2. Should the owner of the property subject to an easement in favor of the Town construct a building thereon in violation of this code, the Town shall employ individuals to clear said property and charge the costs of the same to the owner of the property. Nothing contained herein shall obligate the Town to compensate the owner of the property subject to the easement for the value of a “building” cleared. The Town shall take those steps as are required to work in the easement and preserve the improvement, rather than clear the improvements.

3. No person shall excavate deeper than three feet upon the property subject to the easement in favor of the Town without having first obtained a permit therefore as herein required. Such permit shall be issued by the Town. Applications for a permit to excavate upon property subject to easement in favor of the Town shall be made in writing to the Town and shall state thereon specifically the size of the space intended to be excavated and the purpose for the excavation.

145

4. No person shall plant any trees or shrubbery upon the property subject to the easement in favor of the Town without having secured a permit therefore. Applications for such permit shall be made to the Town. All trees and shrubs so planted shall be placed subject to the direction and approval of the Town. No boulders, benches or fences shall be built or maintained upon the property subject to the easement unless approved by the Town.

5. In the event any improvements are constructed within the boundaries of the easement and these create any additional costs to the Town because it must incur additional expenses to repair, install or replace its sewer, the property owner shall be charged all additional costs incurred.

146

147

148

CHAPTER 17 WATER SUPPLY AND DISTRIBUTION SYSTEM CODE - (Ord. No. 10-02)

(Ord 96-03)(Res 96-01)

ARTICLE 17-1 WATER SERVICE

17-1-1 Definitions17-1-2 Water Connection Permit Requirements; Fees17-1-3 Water Capacity Fee (Connection Fees)17-1-4 Connection Required; Expenses17-1-5 Distribution System Extensions (Ord. 00-05)17-1-6 Reimbursement Agreements (Ord. 00-05)17-1-7 Rates and Charges for Water Service (Ord. 00-05)17-1-8 Specific Water Service Areas and Area-Specific Water Line

Extension Fees17-1-9 Backflow Control Program – General Policy (Ord. 00-11)17-1-10 Unlawful Acts17-1-11 Penalties

Section 17-1-1 Definitions

For the purpose of this article, the following words and terms shall have the following meanings, unless the context indicates otherwise:

A. “A.A.C.” means the Arizona Administrative Code.

B. “ADEQ” means the Arizona Department of Environmental Quality.

C. “Approved laboratory procedures” means the measurements, tests and analyses of the characteristics of water and wastes in accordance with analytical procedures determined acceptable by Federal Guidelines as established in Title 40, Code of Federal Regulations, Part 136, or as approved by the Regional Administrator, U.S. Environmental Protection Agency.

D. “A.R.S.” shall denote the Arizona Revised Statutes.

E. “Average quality” means the arithmetic average (weighted by flow value) of all the “daily determinations of concentration,” as that term is defined herein, made during a calendar month.

F. “Backflow” is the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable supply of water from any source other than its intended source.

G. “Backflow preventer” means a device or means to prevent backflow into the potable water system.

H. “Building water line” means those pipes commencing at and connecting one or more plumbing fixtures, usually within a structure, to a point approximately five feet outside the foundation of the structure.

149

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

I. “Calculated demand” means the demand from a user which is calculated based upon estimated average, peak daily and peak hourly water demands as published by latest engineering design standards.

J. “Capital reserve” means the funds remaining on an annual basis from revenue collected from connection fees, monthly user fees and all other established fees after payment of all water system expenses including debt service.

K. “Certified cost” means all costs as published in the Engineering News Record for Phoenix, Arizona, on the closest date to the first of January in each year.

L. “Cross connection” means any connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture or any tank, receptacles, equipment or device, through which it may be possible for non-potable, used, unclean, polluted and contaminated water, or other substances, to enter into any part of such potable water system under any condition.

M. “Connection fees” means those fees collected in return for the right to connect a “user” to the distribution system.

N. “Department” means the Town of Quartzsite Department of Public Utilities.

O. “Demand” means the total use of water required by a user.

P. “Distribution system” means the series of pipes, reservoirs and pumping stations, if applicable, whose function it is to deliver water from divergent sources to deliver same to one central location.

Q. “Maintenance” means keeping the water system in a state of repair, including expenditures necessary to maintain the capacity (capability) for which said system was designed and constructed.

R. “Management contract” means those professional services with which the town may contract to perform the duties and functions of the department as provided herein.

S. “Municipal Utility Administrative Committee” appointed by the Town Council, to serve as administrative body for the water supply and distribution system and to present findings and recommendations regarding interpretation of the water code as required by the Town Council.

T. “Permittee, permit holder” means any person, firm, association, corporation or trust which owns, operates, processes or controls an establishment or plant requiring potable water.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE150

U. “Property line” means the boundary between the property owned by a user and property owned by the town or the water system.

V. “Replacement” means those expenditures made for obtaining and installing equipment, accessories or appurtenances during the useful life of the water system which are necessary to maintain the capacity and performance of the water system for which they were designed and constructed.

W. “Service line” means the water line from the property line of a customer to the point in the distribution system where the demand exists.

X. “Shall” means mandatory.

Y. “Standard methods” means the procedure as described in the most current edition of Standard Methods for the Examination of Water and Wastewater, published by the American Health Association, or the most current edition of Manual of Methods for Chemical Analysis of Water and Wastes published by the U.S. Environmental Protection Agency.

Z. “System design capacity” means the maximum capacity of the well, storage reservoir, booster pumps and distribution pipes as determined by calculations used in standard engineering practice.

AA. “Total developed cost” means the total cost of materials, labor, design, finance, property acquisition and management necessary to complete all or a portion of a water system.

BB. “Town engineer” means a registered professional engineer qualified in all applicable aspects of standard water design.

CC. “User” means any person, lot, parcel of land, building, premises, municipal corporation or other political subdivision that exhibits a demand for potable water.

DD. “User fees” means the monthly fees collected from each “User” in return for supplying potable water that conforms to the ADEQ requirements.

EE. “Water department” means the town or such person, firm, authority or department as may be designated by the town to be the responsible administrative body of the water system.

FF. “Water system” means all facilities including all wells, treatment works, reservoirs, pumps and pipelines necessary for delivering potable water to the user.

GG. “Water system owner” means the individual, company or municipality who at any given time holds title to the improvements described as the “water system”.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

151

Section 17-1-2 Water Connection Permit Requirements; Fees(Res 96-05)

A. Connection Authorization Required . It is prohibited for any person to tap or connect or cause to tap or connect any service or other pipe to the water system, or to connect its property to or with any such tap or other pipe connected with said water system without first applying for and obtaining connection permit from the department in coordination with the building department. This permit is to be issued prior to any Town building permit required for any construction to be conducted in connection therewith.

B. It is the duty of the town, before issuing said permit to connect, to investigate and inquire into the conditions of all proposed connections to such water system for the purpose of ascertaining whether same can be made in a proper manner. In the event the department finds that the proposed connection can be made or installed in a proper manner and upon receipt of a properly prepared and executed permit application and upon receipt by the department of the applicable fee as computed in accordance with Section 17-1-3, it shall be the department’s duty to issue to the applicant a permit to make or install said proposed connection in accordance with the adopted fee schedule.

The permit shall apply to the type of user specified on the permit and shall not be transferable. The permit will expire in the event that a change of use occurs, a new structure is constructed, or an old structure is enlarged.

C. The department shall keep a record of all permits issued and all taps and connections made. The records shall include the names of owners of the property, their agent, or to whom the permit was issued or for whom the tap or connection was made.

D. All applications for service which would result in the actual total system capacity exceeding the system design capacity, will be rejected.

Section 17-1-3 Water Capacity Fee (Connection Fees) (Res 96-05)

A. Property owners requesting water services for Phase 1 prior to the last day of February 1996 shall be connected without charge. After February 1996, any property owner within the Phase 1 service area shall be required to pay all designated fees including the connection charge.

B. All properties connecting to the water system shall connect all structures, RV spaces, mobile homes or commercial establishments or facilities which demand water within that property. No portions or partial service shall be allowed.

C. The actual rates and categories shall be set by resolution which shall be amended from time to time. The rates will be established in compliance with the public hearing requirement of A.R.S. § 9-511.01.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

152

Section 17-1-4 Connection Required; Expenses (Ord 98-04)

A. All persons owning, leasing or using real property, buildings or fixtures within the service area of the water system may cause all structures located on said property to be connected to said water system by submitting the appropriate permit application and paying the appropriate fees. All expenses of such connection within the property line (lines) shall be borne by the owner of said property or building, or the person using or leasing the same.

B. All lots, parcels, or tracts by which the water line passes or whose property line is within 200 feet of a water main which are not connected to the water system in accordance with Section 1.2 shall connect to the water system within 90 days of notice. As to any provisions of this chapter that conflict with or contravene this subsection, this subsection shall prevail and be construed as if to give a consistent meaning to such sections. Violations are as mandated by Section 16.2.8 of Ordinance 94-06 and Section 1.8 of Ordinance 96-03 and may consist of a criminal penalty of a Class I misdemeanor punishable by imprisonment for not more than one hundred and eighty (180) days, or a fine of up to $2,500, or both fine and imprisonment.

C. All new residential, commercial or industrial developments shall connect to the water system if the water main is within 200 feet of the property line and shall pay the appropriate fees. Violations are as mandated by Section 16.2.8 of Ordinance 94-06 and Section 1.8 of Ordinance 96-03 and may consist of a criminal penalty of a Class I misdemeanor punishable by imprisonment for not more than one hundred and eighty (180) days, or a fine of up to $2,500, or both fine and imprisonment.

D. After completion of the initial phase of construction, property owner connecting to the water system shall have 60 days to connect to the system. For those property owners who may require additional time, a written request for a maximum 30-day extension shall be issued to the town for consideration. The request shall be presented 2 weeks prior to the imposed connection time limit.

E. Any parcel produced from a parcel split shall be required to connect to the water system.

F. Any existing non-conforming use parcel of land shall be required to connect to the water system.

Section 17-1-5 Distribution System Extensions (Ord. 00-05)

A. Minimum Size.

1. No water line less than eight (8) inches inside diameter shall be Accepted as part of the Town of Quartzsite Water System.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

153

B. Grid System.

1. Distribution water lines of twelve (12) inches inside diameter are required on all section lines and distribution water lines of ten (10) inches inside diameter are required on all half section lines and distribution water lines of eight (8) inches inside diameter are required on all one sixteenth (1/16) lines except where otherwise called for by the Town of Quartzsite Water

Master Plan.

C. Conditions of Line Extensions.

1. All line extensions to serve a lot, lots, subdivisions or developments shall begin at the nearest adequate existing distribution line as determined by the Department and Town Engineer.

2. Water Distribution Lines.a. All water distribution lines other than those provided for in Section

17-1-5 D shall extend across the total frontage of the property or development to be served. Where the property or development is on a corner and fronts two exterior sides, total frontage shall mean one exterior side of the property or the development as determined by the Town Engineer in accordance with the Water Distribution System Master Plan.

b. For a property on a corner that abuts a section line and a half section line, or that abuts two section lines or two half section lines, the frontage for a line extension shall mean the longest of the two exterior sides abutting the section or half section lines.

c. Those properties, meeting the conditions of paragraph 2(b) above where a line extension is required across the longest exterior frontage of the property, are exempt from any reimbursement charge for a connection to a line extension on the property’s short exterior frontage when required by the Town for the purpose of looping the distribution system.

d. For those properties meeting the conditions of paragraph 2(b) above and where an adequate water distribution line already exists along one of the two exterior frontages at the time of development, a line extension is required to be installed across the property’s remaining exterior frontage. The property is exempt from any reimbursement charge for connection to the existing water distribution system.

3. Distribution lines shall be installed only in public streets, alleys, roads and highways and on other public and private property where satisfactory right-of-way can be obtained without involving direct purchase or lease of land by the Department.

154

4. Distribution lines may be installed in private streets or thoroughfares to provide water service to premises along such street upon approval of the Department, providing:

a. Right-of-way or easement provided is satisfactory to the Department.

b. The Department has no responsibility to maintain or repair the surface of the street other than to restore it to its original condition after cutting the street for installation of the water line or after repairs to the line.

5. Distribution lines which are extended or installed will become the property of the Town of Quartzsite after final inspection and acceptance by the Town & ADEQ approval of construction.

6. Construction drawings for water line extensions certified by a registered engineer shall be submitted to the Department & Town Engineer for approval and shall be in accordance with the Town of Quartzsite Standard Specifications for Utility Installations as adopted.

7. Payment is required for all water used in construction, sterilization and testing of water main extensions and the contractor or developer shall be held accountable for that cost. Amount of water used shall be estimated by the Department.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

D. Distribution Line Extensions Within Or Bounding A Development.

1. Installed by Developer.

a. Distribution lines shall be installed within or bounding the development to locations and grades and of such sizes as approved by the Town Engineer & Department and in conformance with Town standards as adopted. Distribution lines of sizes and at locations approved by the Town Engineer & Department and in conformance with the Town standards shall be installed for each lot within the development prior to paving the adjacent street.

b. Where the line extensions or a portion of the line extension does not meet the requirements listed in Paragraph (2) of this Section (17-1-5-D.2) the developer will be required to pay the full cost of the line extension or portion of the line extension.

c. The Town will enter into a reimbursement agreement with the developer requiring future customers to pay a pro rata share of the cost of the line extension if such initial service is taken during the term of the agreement. See Section 17-1-6.

d. The developer shall install a minimum one (1) inch water service connection for each lot within the development is his expense,

155

concurrently with the water line construction in the development. The service connections installed by a developer shall be guaranteed against any and all defects by the developer for a period of one (1) year after acceptance of the installations by the Town. No one except authorized Town personnel shall be authorized to install, remove or reinstall water meters and in the event the developer’s contractor, plumber, (or others), removes, changes or relocates water maters, the developer shall be charged the cost to the Town for restoring meters to their authorized and designated locations.

e. Fire hydrants shall be installed within and along perimeter streets of the development at locations and to lines and grades approved by the Town Engineer and in conformance with Town standards.

f. The developer shall be responsible for adjusting all water valves, meter boxes and appurtenances to the approved final grade before acceptance of the system by the Town.

g. A letter of acknowledgment shall be submitted by the developer concurrently with the submittal of proposed project design drawings. Included in the letter will be:

1. Identification of the proposed project.2. Identification of the project developer.3. Acknowledgement of the project developer.

i. The developer shall cause his professional engineer to submit all documentation required by the Arizona Department of Environmental Quality (ADEQ) Engineering Bulletin No. 10, as applicable, to the ADEQ for review and approval and to obtain all permits required to facilitate completion of the proposed project.

ii. The developer shall contract a professional engineer to provide detailed construction inspection services for the proposed project. Upon completion of the project, the developers engineer shall forward a copy of same, including one (1) set of mylar, reproducible as-built drawings, affixed with the developer’s engineer’s seal, and an electronic file to the Town of Quartzsite, Department of Public Utilities, for review and approval.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

iii. Upon issuance of the Approval to Operate by ADEQ, Final Acceptance

156

of the facility will be acknowledged by the Town of Quartzsite and the one year warranty period shall commence.

2. Installed by Town.

a. Subject to the limitation set forth below water line extensions of 10 inch or larger sizes as required by the Water Master Plan located on section lines and half section lines shall be installed by Town employees or by contract at Town expense.

b. Extensions installed and paid for by the Town will include the appropriate valves, tees, crosses, etc. as well as fire hydrants.

c. Water service installations to serve individual lots shall not be considered as part of the line extension installed at Town expense but may be included at the time of construction at the developer’s expense.

d. Line extensions are limited to a maximum per subdivision per fiscal year as budgeted in compliance with water adequacy.

e. Any line extensions in excess of the limitations set forth in Section 7-1-5.O as revised will be eligible for a reimbursement agreement under the provisions of Section 17-1-6.

3. Limitation on Town Installation

a. Funds for Town installed line extensions are derived from system development charge.

b. The total dollar amount of funds available in any one year for construction of distribution line extensions is limited by the Town to an amount equal to the cost of construction of a combination of one-half mile of ten (10) inch and twelve (12) inch main extensions.

c. Distribution of available funds for line extensions each fiscal year shall be on a first come basis. The project effective date for availability of funds is the date of the posting of construction assurances with the Town Engineer.

Section 17-1-6 Reimbursement Agreements (Ord. 00-05)

A. Eligibility.

1. When a 10” or larger line extension conforming to the Water Master Plan is installed outside, abutting or within the applicant’s lot, lots, subdivision or development, and does not meet the requirements of Section 17-1-5 D (2) & (3) for a line extension by the Town then the applicant shall be eligible for a line extension agreement.

157

a. Line extension smaller than 10 inches paid for by the applicant which may be used by property other than that being developed by the applicant shall be eligible for a reimbursement agreement.

2. The Town will enter into an agreement with the original applicant of the line extension and will collect and return to the applicant as provided in the agreement a distribution line reimbursement charge from parties connecting laterally to the line extension.

3. To be eligible for a reimbursement agreement, the original applicant for the line extension must submit the certified costs of the extension as prescribed in Section 17-1-6 B within one hundred twenty (120) days from the date of acceptance of the line extension by the Town of Quartzsite.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

Eligibility must be established in a timely manner so that project records and the utility atlas is fully updated. The applicant shall be notified in writing of the availability of a reimbursement agreement by the Town Utility Department.

B. Reimbursement Charge.

1. The reimbursement charge will be based on one-half the cost per lineal foot of the water line extension abutting the premises of the party desirous of obtaining a connection or connections to the line or by a fee per parcel for the area serviced by the connection

2. The certified cost per lineal foot of the water line extension shall be obtained by taking the total cost of construction of the extension divided by the total lineal feet of the water line extension that was installed. Such costs must be certified by both the developer’s Engineer and the Town Engineer. The per parcel fee shall be determined either by obtaining the total cost of construction of the extension minus the pro-rata share of cost for the line extension belonging to the original applicant served by the line extension; or by setting a fixed cost per parcel. Such cost to be certified by the developer’s engineer and the Town Engineer. The method used for determining per parcel cost shall be determined by the Town Engineer.

C. Cost of Construction.

1. The cost of construction of a line extension shall include in addition to the actual material and installation costs of piping, valves and other appurtenances, the engineering costs for preparation of plans and specifications and costs of inspection and staking. The cost of water service connections shall not be included in the cost of construction of the water line extension for reimbursement purposes.

D. Payment by Applicant for Service Connection.158

1. An applicant for a service connection from a line which is subject to a reimbursement agreement shall pay the appropriate reimbursement charges. Such charge(s) shall be in addition to all other applicable charges provided by these regulations, including charges for service connections, capacity charges and fees for meter installation.

2. A corner property meeting the provisions of Section 17-1-5 C.2 (c) or (d) of these regulations is exempt from payment of a reimbursement charge for connection to a line extension on the property’s other exterior frontage when for the purpose of looping the system.

3. Applicants shall pay the distribution line reimbursement charge before construction of their connection to the line extension. This charge shall be in addition to all other applicable charges provided by these regulations, including charges for service connection, capacity charges and meter installations.

E. Maximum Amount of Reimbursement.

1. The maximum amount of any reimbursement shall be identified in the agreement and shall not exceed 100% of the total certified construction cost of the extension. Interest to be compounded yearly and calculated based on the interest rate of U.S. Government Treasury Bills dated January 1 of each year following the date of acceptance of the line extension. The interest rate for the last months of a reimbursement period, if short of a full year, shall be at the interest rate as of January 1 of that year.

2. The reimbursement cost shall be calculated using the reimbursement charge and multiplying it by the appropriate interest rate for each one year period or portion of one-year period. Interest begins at the date of acceptance of the line, and ends at the date of connection to that line by

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

that particular applicant. Compound interest to be calculated by adding the calculated interest in the succeeding years period to the reimbursement charge amount before that period’s interest is calculated. The reimbursement cost will then be the sum of the reimbursement charge and each of the periods interest amounts.

3. Terms of Reimbursement Agreement.

4. The reimbursement agreement shall have a maximum term of five (5) years and shall close at the end of that period whether or not the total amount of reimbursement has been made.

5. All reimbursement agreements shall comply with the above terms.

159

Section 17-1-7 Rates and Charges for Water Service (Ord. 00-05)

1. Distribution System Development Charge.

2. Distribution system development charge is a charge for the Town providing adequate sized water distribution lines at the boundaries of a lot, lots, subdivisions or development.

3. A distribution system development charge shall apply to a property owner or developer when a connection is made to any portion of the Town Water Distribution System.

4. The charge shall be paid at such time as a water connection permit is issued for a single lot or at the time the construction assurances are posted with the Town Engineer for a subdivision or development.

5. No connection to any portion of the Town Water Distribution System is permitted until payment of the charge has been made.

6. A unit of cost rate per acre shall be developed by taking costs of construction of 2 miles of 12-inch distribution line and 2 miles of 10 inch distribution line and then dividing their sum by 640, the number of acres in a regular section of land.

7. Allowable items included in the costs of construction of the 10-inch and 12-inch distribution lines are: material and installation costs of pipe, valves, tees, crosses, etc., fire hydrants and costs of engineering, construction staking and inspection.

8. The unit cost rate shall be revised semiannually.

9. The two miles of 10 inch and 2 miles of 12-inch distribution lines included in the unit cost rate are the number of miles of distribution line in a typical section of land as required by the Water Master Plan.

10. The unit rate per acre for the year 2000 is $1,200.00.

11. A system development charge shall be calculated individually for each connection to the distribution system by multiplying the unit rate per acre by the total number of acres in the lot or development served by the connection. The total number of acres in a development shall mean the gross area within the development boundaries.

Section 17-1-8 Specific Water Service Areas and Area-Specific Water Line Extension Fees

A. The department may recommend to the Council the acceptance of a specific water service area and the establishment of an area-specific water extension fee if:

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

160

1. An applicant for a permit to construct and extend a water main requests that the department approve construction of a water main with a capacity in excess of the size required to serve his development.

2. The department finds that such construction is:

a. In accordance with the water service plan of the town.

b. In the public interest.

c. That the water main extension would have sufficient capacity to serve property not owned by applicant.

3. The owner of the development submits plans and specifications for construction of the water system in that service area to the department for review and approval.

B. The department may establish a specific water service area and an area-specific water system extension fee. A specific water service area and/or fee shall contain the following:

1. A description or map showing the specific water service area.

2. The cost of construction and installation of the water system and related facilities or a method to determine those costs.

3. A requirement that all landowners or other persons who connect to the water system extension shall pay to the department an amount equal to their pro rata share of the connection fee or a fee based on acreage or another appropriate method approved by the Town. These payments will pay for the cost of the supply, the distribution system and related facilities and administrative costs of the department incurred in administering the specific water service area.

C. Prior to connection of the water system mains to the water system extension and area-specific water main, the department may require such persons to pay their pro rata share of the cost as set forth in paragraph 3 of subsection B of this section.

D. Upon the recommendation of the department, the water system may advance a portion, or all, of the costs of construction of a water system extension with a capacity to serve a specific water service area and may establish an area-specific water system extension fee pursuant to subsection C of this section. The area-specific water system extension fee shall be utilized to reimburse the department for the cost of construction of the water system extension.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

E. Water System Extensions . Water system extensions may be granted by the 161

department at no cost to the user based on the financial viability of the extension and the projected user fees to be collected from additional system users connected to extension.

A water system extension is generally determined to be financially viable if that extension generates sufficient demand and subsequent connection fees and monthly user fees to cover associated development costs, debt retirement and its pro rata share of operation and maintenance costs as determined by the department.

F. If the developer is required to pay for an oversized water system in order to facilitate future connections between the Town system and the newly developed property, the Town will enter into a development agreement with the developer which will outline reimbursement for the cost of the oversized portions of the system.

Section 17-1-9 Backflow Control Program – General Policy (Ord. 00-11/01-15/09-39)

A. Purpose

To protect the public water supply of the Town of Quartzsite from the possibility of contamination or pollution by isolating to the consumer’s internal distribution system(s) or the consumer’s private water system(s) contaminants or pollutants that could backflow into the public water systems; and

To provide for the maintenance of a continuing program of backflow prevention, which will systematically and effectively prevent the contamination or pollution of all potable water systems.

B. Responsibility

The Town of Quartzsite (“Water Department”) shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. An approved backflow prevention assembly is required at the consumer’s water service connection, for the safety of the water system, if any auxiliary water supply exists. The Water Department or its designated agent shall give notice in writing to said consumer to install such an approved backflow prevention assembly on the consumer’s premises. The consumer shall immediately install such an approved backflow prevention assembly at the consumer’s own expense; and, failure, refusal, or inability on the part of the consumer to install, have tested, and maintained said assembly, shall constitute grounds for discontinuing water service to the premises immediately until such requirements have been met satisfactorily. Commercial and industrial consumers shall be required to install an approved backflow assembly to protect the potable water distribution system from contamination or pollution.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

C. Definitions162

The Town of Quartzsite Water Department – The Town of Quartzsite (“Water Department”) is invested with the authority and responsibility for the implementation of an effective cross-connection control program and for the enforcement of the provisions of this ordinance.

Approved – The term “approved” as herein used in reference to a water supply shall mean a water supply that has been approved by the Town of Quartzsite Water Department.

The term “approved” as herein used in reference to an air gap, a reduced pressure principle backflow prevention assembly or other backflow prevention assemblies or methods shall mean approved by the Town of Quartzsite.

Auxiliary Water Supply – Any water supply on or available to the premises other than the Town of Quartzsite approved public water supply will be considered as an auxiliary water supply. These auxiliary waters may include water from another purveyor’s public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or used waters or industrial fluids. These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the Water Department does not have sanitary control.

Backflow – The term “backflow” shall mean the undesirable reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the distribution pipes of the potable supply of water from any source or sources. See terms Backsiphonage and Backpressure.

Backpressure – The term “backpressure” shall mean any elevation of pressure in the downstream piping system (by pump, elevation of piping, or stream and/or air pressure) above the supply pressure at the point of consideration, which would cause, or tend to cause, a reversal of the normal direction of flow.

Backsiphonage – The term “backsiphonage” shall mean a form of backflow due to a reduction in system pressure, which causes a sub-atmospheric pressure to exist at a site in the water system.

Backflow Prevention Assembly – An assembly or means designed to prevent backflow and includes:

Air–Gap – The term “air gap” shall mean a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non- pressure receiving vessel. An “approved air gap” shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel-in no case less than 1 inch (2.54 cm).

Reduced Pressure Principle Backflow Prevention Assembly – The term “reduced pressure principle backflow prevention assembly” shall mean an assembly containing two independently acting approved check valves together with a hydraulically operating,

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

163

mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cock and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is designed to protect against a non-health (i.e. pollutant) or a health hazard (i.e. contaminant). This assembly shall not be used for backflow prevention of sewage or reclaimed water.

Contamination – The term “contamination” shall mean an impairment of the quality of water, which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, etc.

Cross-Connection – The term “cross connection” shall mean any unprotected actual or potential connection or structural arrangement between the public and a consumer’s potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.

1) The term “direct cross-connection” shall mean a cross connection which is subject to both backsiphonage and backpressure.

2)The term “indirect cross-connection” shall mean a cross-connection which is subject to backsiphonage only.

Cross Connections-Controlled – A connection between a potable water system and a non-potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.

Hazard, Degree of – The term “degree of hazard” shall mean either a pollutional (non-health) or contamination (health) hazard and is derived from the evaluation of conditions within a system.

Hazard-Health – The term “health hazard” shall mean an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer’s potable water system that would be a danger to health.

Hazard-Plumbing – The term “plumbing hazard” shall mean an internal or plumbing type cross-contamination in a consumer’s potable water system that may either be a pollutional or contamination type hazard. This includes but is not limited to cross-connections to toilets, sinks, lavatories, wash trays and lawn sprinkling systems. Plumbing type cross-connections can be located in many types of structures including homes, apartment houses, hotels, and commercial or industrial establishments. Such a connection, if permitted to exist, must be properly protected by an appropriate type of backflow prevention assembly from a pollutional or a contamination type hazard.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

164

Hazard-Pollutional – The term “pollutional hazard” shall mean an actual or potential threat to the physical properties of the water system or the potability of the public potable water system but that would not constitute a health or system hazard, as defined. The maximum degree or intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.

Hazard-System – The term “system hazard” shall mean an actual or potential threat of sever danger to the physical properties of the public potable water system or of a pollutional or contamination hazard that would have a protracted effect on the quality of the potable water in the system.

Industrial Fluids – The term “industrial fluids” shall mean any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include but not be limited to: polluted or contaminated used water; all types of process waters and used water originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form, planting acids and alkalies; circulated cooling waters connected to an opening cooling tower and/or cooling waters that are chemically or biologically treated and stabilized with toxic substances; contaminated by natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals, or systems, etc.; oils, gases, glycerin, paraffin, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or for firefighting purposes.

Pollution – The term “pollution” shall mean an impairment of the quality of the water to a degree which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.

Service Protection – The term “service protection” shall mean the appropriate type or method of backflow protection at the service connection, commensurate with the degree of hazard of the consumer’s potable water system.

Water-Potable – The term “potable water” shall mean any public water supply, that has been investigated and approved by the Arizona Department of Environmental Quality (“A.D.E.Q.”). The system must be operating under a valid health permit. In determining what constitutes an approved water supply, A.D.E.Q. has final judgment as to it’s potability.

Water-Non-Potable – The term “non-potable water” shall mean a water supply that has not been approved for human consumption by A.D.E.Q.

Water-Service Connection – The term “service connection” shall mean the terminal end of a service connection from the public potable water system, (i.e., where the Water Department may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer’s water system). If a water meter is installed at the end of the service

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

165

connection, then the service connection shall mean the downstream end of the water meter.

Water-Used – The term “used water” shall mean any water supplied by the Water Department, from a public potable water system to a consumer’s water system, after it has passed through the service connection and is no longer under the control of the Water Department.

D. Water System

1. The water system shall be considered as made up of two parts: The Town of Quartzsite’s System and the Consumer’s System.

2. The Town of Quartzsite’s System shall consist of the source facilities and the distribution system; and shall include all those facilities of where the water system under the complete control of the Water Department, up to the point where the consumer’s system begins.

3. The source facilities shall include all components utilized in the production, treatment, storage, and delivery of water to the distribution system.

4. The distribution system shall included the network of conduits used for the delivery of water from the source facilities to the consumer’s system.

5. The Consumer’s System shall include those parts of the facilities beyond the termination of the Town of Quartzsite’s System that are utilized in conveying potable water to points of use.

E. Policy and Requirements

1. No water service connection to any premises shall be installed or maintained by the Quartzsite Water Department unless the water supply is protected as required by Town of Quartzsite laws and regulations and this Ordinance. Service of water to any premises shall be discontinued by the Quartzsite Water Department if a backflow prevention assembly required by this ordinance is not installed, tested and maintained, or if it is found that a backflow prevention assembly had been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected. Appropriate fees shall be assessed for the disconnection and reconnection of water service to the consumer.

2. The Consumer’s System should be open for inspection at all reasonable times to authorized representatives of the Town of Quartzsite Water Department, to determine whether unprotected cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the Quartzsite Water Department shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the consumer has corrected the condition(s) in conformance with the Town of Quartzsite Ordinances and Codes relating to plumbing and

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

166

water supplies and the regulations adopted pursuant thereto. Appropriate Fees shall be assessed for disconnection and reconnection of water service to the consumer.

3. An approved backflow prevention assembly shall also be installed on each vice line to a consumer’s water system at or near the property line or immediately inside the building being served; but in all cases, before the first branch line leading off the service line wherever the following conditions exist:

A) In the case of premises having an auxiliary water supply, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard.

B) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. This shall include the handling of processed waters and waters originating from the water purveyor’s system which have been subject to deterioration in quality.

C) In the case of premises having internal cross-connections that cannot be permanently corrected or protected against, or intricate plumbing or piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line.

4. The type of protective assembly required by Section E, Subsection 3 (A), (B) and (C), shall depend upon the degree of hazard which exists as follows:

A) In the case of any premises where there is an auxiliary water supply as stated in Section E, Subsection 3 (A) of this section and it is not subject to any of the following rules, the Town of Quartzsite’s system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly.

B) In the case of any premises where there is any material dangerous to health, which is handled in such a fashion as to create an actual or potential hazard to the Town of Quartzsite’s System, the Town of Quartzsite’s System shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions may exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

167

C) In the case of any premises where there are unprotected cross-connections, either actual or potential, the Town of Quartzsite’s System shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly at the service connection.

D) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the Town of Quartzsite’s System shall be protected against backflow from the premises by either an approved air gap or an approved reduced pressure principle backflow prevention assembly on each service to the premises.

5. Any backflow prevention assembly required herein shall be a make, model and size approved by the Town of Quartzsite Water Department. An “Approved Backflow Prevention Assembly” shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association (AWWA) entitled:AWWA/ANSI C511-07* Standard for Reduced Pressure Principle Backflow Prevention Assemblies;

6. It shall be the duty of the consumer at any premises where backflow prevention assemblies are installed to have an initial field test performed by a certified backflow prevention assembly tester at the time of the initial installation and on a yearly basis herein after the initial installation.

Quartzsite Water Department shall notify the consumer when the annual test is required. Thirty (30) days shall be allowed for the consumer to complete the annual test. Failure to have the approved backflow assembly tested within the thirty (30) day time period shall result in a ten (10) day door notice of disconnection of service. Upon expiration of the ten (10) day notice without the completion and submission to the Water Department of a satisfactory annual test, service to the consumer shall be disconnected. Appropriate fees shall be assessed for disconnection and reconnection of water service to the consumer.

In those instances where the Quartzsite Water Department deems the hazard to be serious in the sole discretion of the Water Department, the Water Department may require field tests at more frequent intervals. These tests shall be at the expense of the consumer, and shall be performed by a certified tester approved by the Quartzsite Water Department. It shall be the duty of the Quartzsite Water Department, to see that these tests are made in a timely manner. The consumer may notify the Department in advance when the tests are to be undertaken so that an official representative may witness the field tests, if so desired. Backflow prevention assemblies shall be repaired, overhauled, or replaced at the expense of the consumer whenever said assemblies are found to be defective. Records of such tests, repairs, and overhauls shall be kept and copies filed with the Quartzsite Water Department.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

168

The Quartzsite Water Department shall keep an inventory of all records for a period of at least three (3) years, for Arizona Department of Environmental Quality inspection purposes as required.

7. All presently installed backflow prevention assemblies which do not meet the requirements of this ordinance but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the testing and maintenance requirements under section 6, be excluded from the requirements of these rules so long as the Quartzsite Water Department finds that they will satisfactorily protect the Town’s water system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the Quartzsite Water Department finds that the maintenance constitutes a hazard to health, the backflow prevention assembly shall be replaced by an approved backflow prevention assembly meeting the requirements of this ordinance or any related regulation.

All backflow prevention assemblies shall be installed to allow adequate space for testing and maintenance; provide for adequate drainage; allow adequate room for shut off valve rotation; allow space for attaching fittings and hoses to test cocks; include union coupling needed for removal of or repair to backflow; include y-type strainer used for protection of backflow device; include riser uprights that are copper wrapped in a minimum 10 mil wrapping tape or PVC that may be wrapped; risers shall be a minimum of 12” above and a maximum of 30” above grade; dissimilar metals shall be avoided to prevent electrolysis by using recommended PVC; consumers shall assure there are no physical connections between the meter and the backflow device; install a box cover to protect the backflow from heat & freezing; and install new pipe at a depth of no less than eighteen (18) inches.

8. The Town of Quartzsite Water Department shall submit to the Arizona Department of Environmental Quality and the local health authority a written cross-connection incident report within five business days of a cross-connection problem, which has resulted in the contamination of the public water system, including the information required in A.A.C.R.-18-4-115.H.

9. The Town of Quartzsite Water Department is authorized to make all necessary and reasonable rules and policies with respect to the enforcement of this ordinance. All such rules and policies shall be consistent with the provisions of this ordinance and shall be effective 30 days after being filed with the Town Clerk of the Town of Quartzsite.

Section 17-1-10 Unlawful Acts

A. Any person who interferes with the officers or agents of the department in the discharge of their duties or who violates any of the provisions of this article is guilty of a misdemeanor. Such interference’s include, but are not limited to:

1. The tapping of a water main belonging to the system.WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

169

2. Laying, connecting, inspecting or repairing of main.

3. The excavating, either directly or indirectly, of a street or alley for the purpose of connecting to the water system without first obtaining a permit from the department and the town building department.

4. Illegal use of the water system including, but not limited to:

a. Serving more than one lot or parcel from a single meter.

b. Being connected to the water main belonging to the system without a properly installed and maintained backflow assembly, where required.

Section 17-1-11 Penalties

Any person found in violation of the provisions of Section 17-1-7 will be subject to the following penalties and cost recovery:

A. Fines shall be those as set forth for any code violation.

B. In addition to the fine, costs equal to the remedy of the violation may be assessed. Those costs include, but are not limited to:1. Uncovering, inspecting, reinstalling (where required) and covering the tap.

2. Uncovering, inspecting, relaying or repairing the water main.

3. Testing, re-excavating (where required), inspecting, backfilling and compacting of a street or alley excavated without a permit.

4. Correcting or repairing any physical damage caused by an illegal connection.

ARTICLE 17-2 AUTHORITY OF WATER DEPARTMENT, CHARGES & EASEMENTS

17-2-1 Authority of Water Department17-2-2 Water Charges (Ord No. 09-36)17-2-3 Easements

Section 17-2-1 Authority of Water Department

A. Design, Review and Issuance of Construction Permit . The water department, in conjunction with the Town Building Department, shall review all designs, plans, specifications, etc., relating to water supply and distribution systems, pumping structures and water connections prior to issuing a construction permit. The department, in conjunction with the building department, shall issue a

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

construction permit only if they are satisfied that all departments are in 170

compliance with this code and the water supply and distribution systems, pumping structures and water connections will operate in a safe and sanitary manner. Prior to the issuance of a construction permit, the owner shall pay all fees assessed by the town.

B. Construction Inspections . All water lines and service lines to be attached directly to a water main shall be inspected by personnel of the water department and building department during construction. At least forty-eight hours prior to tapping the water main, the water department and building department shall be notified. In making a connection to a water system, no physical alteration of the facilities shall commence until a Department Inspector is present. No water shall be withdrawn from any water main prior to obtaining inspections, meter installation and approval of construction by the department. Following satisfactory completion of construction, inspection, pressure, and microbiological testing, the department shall issue a construction inspection certificate.

C. Collection of Fees and Miscellaneous Powers . Fees levied pursuant to this code shall be collected by the department. The department shall enforce such rules and regulations the Council authorizes as for the safe, economical and efficient management and protection of the system; for the construction and use of the waters and connections to the water system; and for the regulation, collection, rebating and refunding of such water fees.

Section 17-2-2 Water Fees (Res. No. 01-06/Ord No. 09-36)

A. Necessity for Charges . It is hereby deemed necessary for the protection of the public’s health, safety and welfare that this system conform with federal, state and local laws and regulations. It is also necessary that a system of charges for water service be established which allocates the cost of providing water service to each user in such a manner that the allocated costs are proportionate to the cost of providing water service to that user, insofar as those costs can reasonably be determined.

B. Charges Established . Water charge categories will include, but are not limited to:

1. Water system capacity fee.2. Water user deposit.3. Water use charges.4. Turn-on fees.5. Tap fees.6. Re-read fee (no error only).7. Administration fees (inspection, plan review and permits).8. Special assessments.9. Delinquent charges.

The actual rates and categories will be set by resolution which shall be amended from time to time. The rate will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

C. Rate Establishment Procedures . Rates for each type of water charge and 171

associated fees shall be reviewed periodically by the department or the Municipal Utility Administrative Committee. If the department recommends changes to the fee structures, they shall issue a request to the Council with a recommendation for fee modification. The Council shall then act upon the recommendation in accordance with A.R.S. § 9-511-01. The rate schedules adopted by the Council shall be based upon the following factors:

1. Annual debt service charge for the retirement of project debt.

2. The total applicable cost of salaries and benefits of employees engaged in providing water service.

3. Applicable operating expenses, including parts, materials and services incurred in providing water service.

4. Applicable equipment replacement costs necessitated by the provisions of water service.

5. Appropriate indirect costs of the department and other Town Departments in rendering water related services, such as purchasing, accounting, billing, administration and insurance.

6. Other pertinent factors as determined by the Municipal Utility Administrative Committee.

7. Any shortfalls of operating revenue in prior operating period(s).

8. Any reserve funds required by Funding Agencies.

D. Water Use Charge .

1. For the purposes of determining the water use charge, the charge will be based upon meter size, base rate and actual demand.

2. Water use charges shall commence when connection of the service line to the facility being served is completed and inspected and shall terminate only when the facility served is no longer physically connected to the Town water line.

3. Water service charges in this section shall be billed and paid monthly. Property owners will be required to pay a deposit equivalent to one month when water service is requested. If monthly payments are made on time for twelve months, the deposit will be refunded, upon written request, to the owner.

4. The actual rates and categories will be set by resolution which shall be amended from time to time. The rate will be established in compliance with the public hearing requirement of A.R.S. § 9-511.01.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

172

E. Water use Charge; Determination of Payments and Charges . A proportionate charge shall be made to all users who use potable water based upon meter size, base rate and actual demand.

F. Water System Capacity Fee . For the purpose of providing revenue to assist in the financing and to more equitably distribute the cost of the construction of necessary additions to the water system, it is hereby determined and declared necessary to provide for the establishment, exaction and regulation of a water capacity charge as hereinafter determined, with such charge to be in addition to any and all other fees which may be imposed with respect to the said water system.The funds received from the collection of such charge, as it is herein authorized, shall be deposited daily with the Town who shall credit them to a special fund from which the Council may take appropriations for the payment of the cost and expense of the construction of the water system, wells, pump stations and appurtenances and for the payment of the cost and expense of extensions to or the enlargement of same.

The department director shall be and is hereby authorized and directed to charge and collect a water system capacity charge whenever:

1. A water system agreement has been executed by the parties.

2. Application is made for the issuance of a water permit to provide water service to a new structure.

3. At the time an existing structure is enlarged or its use changes.

4. When an existing structure is removed and a new structure built and reuse is made of an existing water service or a new water service is constructed, where such property is or will be tributary, directly or indirectly to any water system built by the Town.

Credit for any existing structure which has a use change or for an existing structure enlarged or removed may be applied against the system capacity imposed in the amount of the original structure charge up to, but not more than, the current charge.

G. Tap Fees . A Water Tap is required to connect any building or house to the water system, the fees for such tap shall be paid prior to the tap construction. The actual rates and categories will be set by resolution which shall be amended from time to time. The rate will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

H. Turn-On/Off Fee . A turn-on/off fee must be paid at the time service is rendered. The actual rates and categories will be set by resolution which shall be amended

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

from time to time. The rate will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

173

I. Special Assessments . This fee is applicable in the event of an unusual industrial connection or in the event of a specific water area or area-specific line extension(see Section 17-1-5), or in the event of an unforeseen event which may require specific consideration.

J. Administrative Fees . Administrative fees shall include, but not be limited to:

1. Reimbursable expenses of the department.2. Bad check charges.3. Lien recording fees.4. Account transfer fees.5. Plan review fees.6. Inspection fees.

The actual rates and categories will be set by resolution which shall be amended from time to time. The rate will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.

K. Special Assessment Fees . For properties not within the present service area of the water system, the applicable fees shall include a connection fee payable on a per parcel basis, which shall be established by the Council, similar in amount to the costs of construction of an equivalent water system adjacent to the landowner'’ property, including the cost of construction, engineering, legal and administrative services, and in accordance with the benefit received, plus a fee for each service line constructed in the public right-of-way to service the property; said money to be paid directly to the department prior to the time of the connection to the department water system. Said money so collected is to be used to pay all or part of the cost of installing other water mains in the Town as and when designated by the Council, or the costs of construction of additional system capacity. When said monies are not being expended for that purpose, they are to be invested or spent at the discretion of the Council. The actual rates and categories will be set by resolution which shall be amended from time to time. The rate will be established with the public hearing requirements of A.R.S. § 9-511.01.

L. Delinquent Charges .1. All rates and service charges are due and payable when rendered and

shall be delinquent fifteen days after the date of the billing. Any delinquent account requiring special collection effort may be assessed a delinquent collection charge. The actual rates and categories will be set by resolution which shall be amended from time to time. The rate will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01. If the total of such delinquent charges is not received within five days after date of delinquency and notice of delinquency having been given, water service shall be disconnected, from the premises of the delinquent consumer and a delinquent turnoff fee charged to the customer’s account.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

The delinquent turnoff fee, plus the total amount of the bill due and any deposit used to remedy the delinquency, shall be collected before providing water service again to delinquent customer.

174

2. Customer’s water service may be disconnected for nonpayment of a bill for water services rendered at a previous location provided such bill is not paid within twenty days after the unpaid bill has been presented to the customer at his new location.

3. Any expense caused to the department for the repair or replacement of damaged, stolen, tampered or misused water facilities shall be charged against and collected from the person who caused the expense.

4. When a user of the water system has been notified of amount of water use charges remaining due after the deduction of his user deposit and payment of same has not been received within five days, the department shall assign the account to a bona fide collection agency.

5. Before water service will be provided to any premises, all charges against the premises then due and payable to the department, as required by this code, or including any of the following items must have been paid: on account of labor supplied or materials furnished by the department in the installation of service lines connecting the premises with the town water mains or for tapping the system water lines; on account of services of water service previously supplied to the premises, whether used by the applicants or by some previous occupant of the premises; or on account of the assessment of any fine or penalty; or for turning water service off or on; or for repair or replacement of damaged, stolen or misused water supply and distribution facilities.

6. Before disconnecting water for nonpayment of any water user charge, deposit or other assessment provided for in this code, the department shall give written notice of the discontinuance to the person and afford them or their designee an opportunity to appear before the department on any disputed matter relative to the discontinuance of water service.

7. A water customer who defaults in his or her obligation for the payment of utility monies owed to the Town of Quartzsite is liable for any and all fees and charges assessed by a collection agency that is licensed pursuant to Title 32, Chapter 9, Article 2, Arizona Revised Statutes, and that is engaged by the Town of Quartzsite to collect and enforce such payment. The collection fees and charges assessed by the collection agency shall be added to the sum or sums due from and chargeable against the customer.

M. Distribution of Water System Revenue and Establishment of Special Funds .

1. There shall be established the following funds into which the water charges, as levied herein, shall be distributed:

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

a. Water system operations, maintenance and capital outlay fund. The water system operations, maintenance and capital outlay fund shall be used exclusively for debt service, operational expenses

175

and equipment replacement expenses associated with the provision of water system services.

b. Renewal and replacement fund. The water system renewal and replacement fund shall be used as follows:

(1) To fund any budget shortages in the water system operations, maintenance and capital outlay fund.

(2) Funds collected in the renewal and replacement fund in excess of 1.25 times the annual system debt service and operation and maintenance costs shall be utilized within the system as deemed appropriate by the Council on recommendation by the Municipal Utility Administrative Committee and the department.

c. Water system users deposit fund. The water system users deposits shall be utilized exclusively for the purpose of temporarily paying a customer’s delinquent fees.

2. The distribution of water charges shall be as follows:

a. Water system capacity charges. All water system capacity fees (connection fees) will be deposited in the renewal and replacement fund.

b. Water system user charges & tap fees. Water user fees shall be allocated to the water system operations and capital outlay fund.

c. Water system user deposits. One hundred percent of the water user deposit fund shall be used to assure payment of monthly users fees by customer, as follows:

(1) If a customer is delinquent (see Section 17-2-2 L,) in paying their monthly user fee, then the department may utilize a portion of that user’s deposit to bring the account current.

(2) The customer will be considered delinquent until the deposit is returned to the full amount.

(3) If a customer in good standing is disconnected and/or sells their property, the total amount of the deposit will be refunded upon written request.

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

d. Special assessments.

(1) Special assessments shall be utilized in accordance with the 176

agreement between the water department and the customer.

(2) Additional connection applications may not be accepted after the plant reaches “calculated design capacity” without review and approval by department confirming that actual maximum measured demand does not exceed design capacity.

Section 17-2-3 Easements

A. All property owners desiring the connection of the improvements on their property to the water system of the town shall grant to the town, at no charge, those easements necessary to properly effectuate the water connection desired.

B. All easements granted to the town shall be subject to the following restrictions and conditions of use:

1. No person, firm or corporation having charge of property subject to easement in favor of the Town shall hereafter construct, build or establish a building upon the property subject to said easement. A building means a house, commercial building, industrial building or any structure of a size or construction that the moving thereof would cause great inconvenience to any person.

2. Should the owner of the property subject to an easement in favor of the Town construct a building thereon in violation of this code, the Town may employ individuals to clear said property and charge the costs of the same to the owner of the property. Nothing contained herein shall obligate the Town to compensate the owner of the property subject to the easement for the value of a “building” cleared. The Town may take those steps as are required to work in the easement and preserve the improvement, rather than clear the improvements.

3. No person shall excavate deeper than three feet upon the property subject to the easement in favor of the Town without having first obtained a permit therefore as herein required. Such permit shall be issued by the Town. Applications for a permit to excavate upon property subject to easement in favor of the Town shall be made in writing to the Town and shall state thereon specifically the size of the space intended to be excavated and the purpose for the excavation.

4. No person shall plant any trees or shrubbery upon the property subject to the easement in favor of the Town without having secured a permit therefore. Applications for such permit shall be made to the Town. All trees and shrubs so planted shall be placed subject to the direction and approval of the town. No boulders, benches or fences shall be built or

WATER SUPPLY AND DISTRIBUTION SYSTEM CODE

maintained upon the property subject to the easement unless approved by the Town.

5. In the event any improvements are constructed within the boundaries of 177

the easement and these create any additional costs to the town because it must incur additional expenses to repair, install or replace its water system, the property owner shall be charged all additional costs incurred.

178

179

CHAPTER 18 STREET NUMBERING(Ord 95-03/Ord 02-04)

ARTICLE 18-1 ADDRESSES

18-1-1 Definitions18-1-2 Addresses Required18-1-3 Lighted Numbers18-1-4 Additional Information18-1-5 Numbers on Unimproved Lots18-1-6 Administration18-1-7 911 Emergency Street Maps18-1-8 Compliance

Section 18-1-1 Definitions

In this chapter unless otherwise noted, the following terms shall have the meaning indicated:

A. “Address” shall mean the numbers assigned to a particular lot or parcel of land under the 911 Emergency Response System, which is the public record filed with the town clerk entitled “911 Emergency Street Maps”.

B. “Director” shall mean the director appointed by the Mayor and Council to be responsible for administration of this system in the town.

C. “Owner” shall mean the individual, partnership, corporation or other legal entity holding legal title to a lot or parcel in the town.

Section 18-1-2 Addresses Required

180

Every owner of any house or building located on an improved lot or parcel in the incorporated area of the town, is hereby required, within 120 days after receiving notice of the assignment of an address by the town to place the designated address on such house or building, or on another secure structure in the front yard or driveway of the improved lot or parcel. Addresses shall be displayed in a conspicuous location, so that the number is discernible and readable from a publicly accessible street or road. Numbers shall be at least three and one-half inches high, at least two inches wide with a line width of at least eight-tenths inches. Addresses shall be posted using durable materials and contrasting shades or colors to facilitate visibility.

Section 18-1-3 Lighted Numbers

Internally or externally lighted numbers may be utilized. However, no such lighted number shall violate applicable provisions of the town zoning ordinance.

Section 18-1-4 Additional Information

Additional directional or identification information may be placed with addresses. No such additional information shall violate applicable provisions of the zoning ordinances of the town as they currently exist or as amended.

STREET NUMBERING

Section 18-1-5 Numbers on Unimproved Lots

Addresses may also be placed on premises not occupied by houses or buildings. However, owners are not required to place addresses on unimproved lots or parcels. The town encourages the placement of such additional addresses in order to improve emergency and delivery services throughout the town.

Section 18-1-6 Administration

The director shall be responsible for informing owners of addresses applicable to their property and of the requirements of this chapter. The director shall also be responsible for informing owners and the 911 emergency response system when addresses are altered or reassigned. The director shall institute a program to advise owners who fail or refuse to display the address on an improved lot or parcel of the need to comply and to warn such owners that citations may be issued if the correct address is not displayed in the manner required by this chapter within thirty days after written notice of the warning.

Section 18-1-7 911 Emergency Street Maps

That certain document known as “911 Emergency Street Maps”, three copies of which are on file in the office of the town clerk, which document was made a public record by Resolution 95-05 is hereby referred to, and adopted and made a part hereof as if fully set out in this chapter.

Section 18-1-8 Compliance

Any owner who fails or refuses to display an address in accordance with this chapter shall be provided written notice and a warning to comply within thirty days. Any person

181

found guilty of violating any provision of this chapter upon conviction thereof shall be punished by a fine not to exceed $25.00 per day. Each day a violation continues shall be a separate offense punishable as hereinabove described but not to exceed four days.

CHAPTER 19 RIGHT-OF-WAYS(ORD 01-11)

ARTICLE 19-1 RIGHT-OF-WAYS

19-1-1 Permit Required; Exceptions19-1-2 Permit Application19-1-3 Bond19-1-4 Insurance19-1-5 Liability19-1-6 Fees (Res 03-02)19-1-7 Work Begun Without Permit19-1-8 Emergencies19-1-9 Construction19-1-10 Sight Visibility (09-21)

Section 19-1-1 Permit Required; Exceptions

(A) Permit required. It is unlawful for any person to work, build, construct, reconstruct, repair, alter, or grade, including the placement of any structures, including utility lines and poles, pipelines, signs, and plantings, within the public rights-of-ways or within a public utility easement of the Town without first obtaining a permit from the Town, obtaining approval for the planned work, and having the work supervised and inspected by the Town.

(B) Exceptions.

(1) (a) Plantings by residents of property abutting the right-of-way are exempt from this permit requirement so long as such planting:1. Does not interfere with travel on the public street or the

visibility of traffic signs;182

2. Is on that portion of the right-of-way abutting the resident’s property; and

3. Is more than 25 feet from an intersection.(b) The Town shall immediately remove any plantings in the right-of-

way if the Town Engineer determines that the requirements of this division (1) are not met. The Town shall have no obligations to provide reimbursement for the plantings removed.

(2) Utilities which have been granted franchises to utilize public streets and other public areas in the Town are exempt from the permit fees specified in Section 6.

Section 19-1-2 Permit Application

An applicant for a permit hereunder shall file with the Town an application showing:

(A) The name, address, and license number of the party doing the work.

(B) The location of the work area.RIGHT-OF-WAYS

(C) Plans (attached to the application) showing details of the proposed work. Said plans shall be prepared and sealed by an engineer duly registered and licensed in the state unless this requirement is waived in writing by the Town.

(D) The estimated cost of alteration.

(E) Such other information as the Town Engineer shall find reasonably necessary to determine whether a permit should be issued hereunder.

Section 19-1-3 Bond

(A) Each applicant with a project that the Town Engineer determines has a cost of work of $25,000.00 or more must deposit with the Town an amount in cash or a performance bond of 100% of the amount of the cost of work proposed in the application, as determined by the Town Engineer, as a guarantee that the work will be completed in accordance with the permit and the Town’s adopted or approved details and specifications. If the Applications solely for the placement of a structure in the right-of-way which will require disturbance of the roadway or other public facilities, the amount of the cash deposit or bond shall be 100% of the estimated cost of restoration of the roadway or public facility.

(B) The bond required under Section 3(A) shall be joint and several in form and made payable to the Town. The bond shall be signed by the applicant, or the property owner if he or she is not the applicant, and a qualified surety company authorized to transact business in the state. The condition shall be that the applicant will faithfully complete the work described in the application in accordance with the plans, specification, and conditions thereof.

(C) The bond required under Section 3(A) shall be released upon satisfactory completion and acceptance of the work, or may be cancelled after the applicant

183

has provided other security satisfactory to the Town which will cover obligations that remain.

(D) No deposit shall be less that $50.00 on work done under this subchapter.

(E) The bond required under Section 3(A) is subject to cancellation as noted above, or may be terminated after all obligations are fulfilled which were “permitted” prior to the Town Engineer receiving cancellation notice from the surety. The surety shall not cancel, change, or amend any bond without ten-days prior written notice having been served on the Town Engineer.

Section 19-1-4 Insurance

(A) No applicant with a project that the Town Engineer determines has a cost of work of $25,000.00 or more shall be entitled to a permit unless and until he or she shall have filed and maintained on file with the Town a certificate certifying that he or she or his or her company or business firm carries public liability and property damage insurance issued by an insurance carrier authorized to do business in the state insuring the applicant and the Town and its agents against

RIGHT-OF-WAYS

loss by reason of injuries to, or death of, persons, or damages to property arising out of or related to work performed by the applicant, its agents, or its employees while performing any work under such permit. Such insurance shall be primary and provide coverage for all liability assumed by the applicant under this section, and shall be provided by any permittee in the following minimum amounts:

(1) $500,000 for death of, or injury to, any one person in any one accident;(2) $1,000,000 for death of, or injuries to, more than one person in any one

accident;(3) $500,000 for damages to property.

(B) Failure by the applicant to provide the Town with such a certificate as required under Section 4(A), and failure by the Town to demand the filing by the permitee of such a certificate before such a permit is issued, shall not be deemed to waive the permittee’s obligation to provide the insurance specified herein. Such insurance certificate shall remain in effect and be kept on file with the Town Engineer until all work to be performed by the permittee under the permit has been completed. Where an encroachment involves a permanent obstruction, such insurance certificate requirements and other resolution stipulations shall remain in effect until such construction is removed. The insurance certificate shall provide that coverage cannot be cancelled or expire without providing 15-days written notice of such action to the Town also noting the permit number.

(C) This insurance requirement under Section 4(A) may be waived by the Town if the Town Engineer determines the financial resources of the applicant are sufficient to indemnify the Town pursuant to Section 5.

(D) No evidence of liability insurance or surety bond shall be required as condition precedent to the issuance of a permit to a federal, state, county, or political subdivision.

184

Section 19-1-5 Liability

The permittee shall be responsible for all liability imposed by law for personal injury or property damage arising out of or related to work performed by the permittee under the permit, or arising out of the failure on the permittee’s part to perform its work under the permit. If any claim of such liability is made against the Town, its officers, agents, boards, or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim, including claims alleging the joint negligence of the Town, its officers and employees, and the permittee, except to the extent actual negligence of the Town has been established.

Section 19-1-6 Fees (Res 03-02)

The Town Council shall, by resolution, establish a schedule of fees for the application processing and plan checking and for plan reviews and inspection permits required by this subchapter.

RIGHT-OF-WAYS

1) Utility Companies serving the general public, including electricity, natural gas, cable T.V. and telephone companies. Annual one time permit fee of $1,000.00 for blanket encroachment permit covering all work for a 12 month period anywhere in the town.

2) Single Family Residential encroachment permit fee of $25.00 for each individual encroachment permit.

3) Multi-Family Residential encroachment permit fee of $40.00 for each individual encroachment permit.

4) Commercial and Industrial Projects fee of $100.00 for each individual encroachment permit.

5) Recreational Vehicle and Mobile Home Parks fee of $50.00 for each individual encroachment permit.

6) Permits issued after work is begun fee is DOUBLE normal permit fee.

Section 19-1-7 Work Begun Without Permit

If any work is undertaken prior to securing a permit therefore, the Town Engineer may require the road right-of-way to be restored to its original condition prior to granting a permit, or may charge a reasonable fee not to exceed $500.00 in addition to the normal fee schedule for inspection and examination of the work done prior to issuance of a permit. All work shall cease until the town Engineer determines whether the public road should be restored to its original condition or to grant a permit in accordance with this subchapter.

185

Section 19-1-8 EmergenciesThis subchapter shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street, or from making excavation as may be necessary for the preservation of life or property when an urgent necessity therefore arises during the hours the offices of the Town Engineer are closed, except that those making emergency use shall apply for a permit within one calendar day after the offices are again opened.

Section 19-1-9 Construction

(A) All work done in public roads, streets, alleys, or ways shall be done in accordance with the permit and specifications of the Town for such installation. The Town Engineer may require, in the public interest, such structures as designated by him or her to properly control traffic, provide access to adjoining property, and maintain other facilities in the area.

(B) Any person, corporation, association, or political subdivision doing work under any permit as set forth in this subchapter shall notify the Town Engineer at least one full working day in advance of the time and place the work will begin.

CHAPTER 20 HEALTH AND DEVELOPMENT SERVICES BOARD(ORD NO. 06-11)

ARTICLE 20-1 HEALTH AND DEVELOPMENT SERVICES BOARD

20-1-1 Creation20-1-2 Membership and Terms of Office20-1-3 Compensation and Expenses20-1-4 Officers20-1-5 Duties20-1-6 Meetings20-1-7 Vacancies20-1-8 Removal of Members

Section 20-1-1 Creation

The Health and Development Services Board of the Town of Quartzsite, Arizona, is hereby created. Staff responsibilities shall be assigned through the Town Manager office.

Section 20-1-2 Membership and Terms of Office

A. The Health and Development Services Board shall consist of seven (7) members who shall be appointed by the Mayor and approved by the Council.

B. The appointments to this Board shall be for terms of three years each with the terms of members so staggered so that the terms of office of no more than three members shall expire in any one-year. The initial appointments shall be for two members with terms beginning upon the appointment for one year; for two members with terms beginning upon their appointment for two year and three members with terms beginning upon their appointment for three years. Thereafter, upon expiration of their term of office, all new appointments shall be

186

appointed for full three-year terms, except that in the event of death or resignation of a member, the vacancy shall be filled by appointment of the Mayor, subject to the approval of the Council, for the unexpired term.

C. All members shall be residents of the Town.

D. No individual shall be appointed to the Board if such individual has received funding from the Town either as an individual or an agency, or if such person is or was a member of an agency or organization within the last twelve months, or has served on the board of any agency or been the employee of any agency that has received funding from the Town at any time during the preceding twelve months.

E. No former member of the Health and Development Services Board shall make aapplication to the Town for funding as an individual or an the employee or representative of any agency within twelve months after they have ceased to be a member of the Board.

HEALTH AND DEVELOPMENT SERVICES BOARD

Section 20-1-3 Compensation and Expenses

The members of the Health and Development Services Board shall receive no salaries or other remuneration for their services as members of said Board and shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except to the extent, purposes and amount such expenses is first authorized and approved in advance by the Council.

Section 20-1-4 Officers

The Board shall elect a chairman and vice chairman from among its members to serve for a period of one year. The vice chairman shall preside at Board meeting in the absence of the chairman.

Section 20-1-5 Duties

The Health and Development Services Board is hereby charged with the following duties:

A. To conduct public hearings to determine the needs of Town residents with regard to:

1) Public health needs, including but not exclusive of provision of human services and care of the elderly, handicapped and developmentally disabled, food bank, information and referral, etc;

2) Development of Town, including, but not exclusive of, promotion of Town, historical preservation, community activities (i.e. fireworks, parade), etc.

B. To enhance the development of the public health and development through public forums, seminars and work with other agencies.

187

C. To review requests submitted by non-profit agencies for Town funding and to make recommendations to the Council regarding such funding.

D. To assist in the development of health care facilities, community services and activities.

E. To assist in developing recommendations to the Council as it concern the Town’s transit system.

Section 20-1-6 Meetings

The Board shall establish a regular meeting date which shall be placed on file in the office of the Town Clerk. Special meetings may be called by the chairman. A quorum shall consist of four members for the transaction of all business.

HEALTH AND DEVELOPMENT SERVICES BOARD

Section 20-1-7 Vacancies

Vacancies shall be filled in accordance with the provisions of Section 20-1-2 for the unexpired term of the member affected.

Section 20-1-8 Removal of Members

Members of the Board serve at the pleasure of the Council and may be removed from office by the Mayor with the concurrence of the majority of the Council. A member of the board shall not be absent more than three unexplained meetings. If such an absence occurs, the remaining members of the Board shall vote to retain or recommend to the Council that the absentee member be relieved of his duties on the Board.

ARTICLE 20-2 REQUEST FOR FINANCIAL ASSISTANCE

All requests for financial assistance shall comply with the following stipulations and conditions:

A. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. Such registration shall be provided at the time of the request. This article shall not apply to governmental or quasi-governmental jurisdictions.

B. All requests shall be submitted to the Town during the month of April of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget.

C. All requests received in accordance with subsection (B) of this article shall be referred to the Health and Development Services Board for purposed of review and recommendation to the Town Council.

188

D. In those instances where a request is due to unforeseen circumstances or whenthe public health, safety and welfare is at risk, the requirements of this Article may be waived by action of the Town Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the Health and Development Services Board.

ARTICLE 20-3 DOCUMENTATION AND REPORTING

A. Required Documentation:Any non-profit agency submitting a request for an allocation or grant of Town funds shall submit to the Town specific documentation including, but not limited to, the following: A copy of the agency’s most recent audit report; a certified copy of the agency’s most recent financial statement; detailed expenditure statements in order to provide detailed accounting of all funds previously received from the Town of Quartzsite; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contribution; client services information

HEALTH AND DEVELOPMENT SERVICES BOARD

as it applies to residents of the Town of Quartzsite, proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the Town.

B. Reporting Requirements:

Any non-profit agency receiving an allocation or grant of Town funds shall be required to submit to the Town, on a quarterly basis, a detailed accounting of the expenditure of Town funds for the previous quarter, a written report outlining the agency’s performance and accomplishments within the scope of work outlined in their contractual agreement with the Town of Quartzsite, and any other documentation as may be deemed necessary by the Town in order to determine the agency’s compliance with the provisions of the contract.

C. Contract Required; Procedure For Distribution Of Funds:1. All Town funds allocated or granted to any non-profit agency shall be by

means of a written contract based upon services to be provided to or work to be performed on behalf of the Town of Quartzsite and its residents in compliance with the provisions of Arizona Revised Statutes and Constitutional provisions regarding the use of public funds.

2. All Town funds allocated or granted under the provisions of this ordinance shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Town Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the Town.

189

D. Submittal of Requests For Funding:All funding requests submitted by non-profit agencies for the allocation or grant of Town funds shall be submitted to the Town Clerk’s office during the month of April of each year. Requests so submitted shall not be subject to Town funding unless approved by the Town Council and only following adoption of a final budget for the subsequent fiscal year.

190