Section 8-1-1 Adoption Of CodesSection 8-1-2 Rules And DefinitionsSection 8-1-3 Board Of AppealsSection 8-1-4 ContinuitySection 8-1-5 Rules And RegulationsSection 8-1-6 PermitsSection 8-1-7 FeesSection 8-1-8 EnforcementSection 8-1-9 ViolationsSection 8-1-10 Permit RequirementsSection 8-1-11 Amendments To International Building CodeThe Town of Wickenburg adopts the following documents, one paper copy and one electronic copy of which are on file in the office of the town clerk, being marked and identified as provided in this section, as codes of the Town of Wickenburg for regulating and governing the conditions and maintenance of all property, buildings, and structures; 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; providing for the issuance of permits and collection of fees; and each and all of the regulations, provisions, penalties, conditions and terms of the codes 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 below.
- The International Building Code, 2018 edition, is adopted including appendix C Group U-Agricultural Buildings and Appendix I Patio Covers, as published by the International Code Council.
- The International Residential Code for One-and Two-Family Dwellings, 2018 edition, is adopted including Appendix A Sizing and Capacities of Gas Piping; Appendix B Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances and Appliances for Use with Type B Vents; Appendix C Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems; Appendix H Patio Covers; Appendix P Sizing of Water Piping System; Appendix Q Tiny Houses; and Appendix T Solar Ready Provisions-Detached One-and Two-Family Dwellings and Townhouses, as published by the International Code Council.
- The International Mechanical Code, 2018 edition, is adopted as published by the International Code Council.
- The International Fire Code, 2018 edition, is adopted including Appendix B Fire-Flow Requirements for Buildings, Appendix C Fire Hydrant Locations and Distribution, Appendix D Fire Apparatus Access Roads, Appendix E Hazard Categories, Appendix F Hazard Ranking, Appendix G Cryogenic Fluids, Weight, and Volume Equivalents, Appendix H Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions, Appendix I Fire Protection Systems-Noncompliant Conditions, Appendix J Building Information Sign and Appendix L Requirements for Fire Fighter Air Replenishment Systems, as published by the International Code Council.
- The International Plumbing Code, 2018 edition, is adopted including Appendix E Sizing of Water Piping System, as published by the International Code Council.
- The International Existing Building Code, 2018 edition, is adopted as published by the International Code Council.
- The National Electric Code, 2017 edition, is adopted as published by the International Code Council.
- The International Fuel Gas Code, 2018 edition, is adopted including Appendix A Sizing and Capacities of Gas Piping, and Appendix B Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use with Type B Vents, as published by the International Code Council.
- The International Energy Conservation Code, 2006 edition, is adopted as published by the International Code Council.
- The Maricopa Association of Governments (MAG) Uniform Standard Specifications and Details for Public Works Construction, 2018 edition, is adopted as published by MAG.
(Ord. 1231/02-23)
(Ord. 1244/12-25)
HISTORY
Amended by Ord. 1000 on 4/7/2008
Amended by Ord. 1190 on 11/19/2018
Amended by Ord. 1231 on 2/21/2023
Approved by Ord. 1244 on 12/1/2025
- The term "International Building Codes" as used hereinafter shall mean the Codes referred to in Section 8-1-1.
- The terms used in this Article shall be defined as provided in the Codes adopted in Section 8-1-1, except as herein otherwise provided.
- Whenever the terms "Governing Body” or “City” or “Town” or “Municipality” are used in the International Building Codes, they shall mean the Town of Wickenburg.
- Whenever the terms "Mayor", "appointing authority", "Commission" or "City or Town Council" are used, they shall mean the Common Council of the Town of Wickenburg.
- Whenever the terms "Administrative Uuthority", Building Official" or "administrator” are used in the International Building Codes, it shall mean the Building Inspector of the Town of Wickenburg.
- Whenever the terms "Other Codes" or "Other Code" are used in the International Building Codes, they shall mean the other Code or other Codes adopted by the County of Maricopa and the State of Arizona.
- Reference to Chapters, Articles, Sections and Subsections or paragraphs and to tables thereof are to the International Building Codes.
- Administrative Provisions. Part 1 of the International Building Code in Section 8-1-1 shall be used as the administrative rules for administering this Article, except as otherwise hereinafter provided.
- Appeal. Any person directly affected by a decision, notice, or order issued by the code or building official, including a notice of assessment or assessment, or a determination as to the suitability of materials and methods of construction, may appeal such decision, notice, or order pursuant to this section. The Town Council shall appoint a Board of Appeals to preside over any such appeal. The Board of Appeals shall not be a regular standing body of Council but rather formed to hear each such appeal filed. The Board of Appeals shall consist of three officers who are qualified by experience and training to evaluate matters pertaining to property maintenance or application of technical codes, and who are not employees of the town. The Town Council has sole discretion in making an appointment to the Board of Appeals and judging the qualifications for service. The right to appeal under this subsection shall not be available to citations, which shall be adjudicated by the Town of Wickenburg Municipal Court pursuant to town code and state law requirements, including any right to appeal to such court decisions as may be applicable by law.
- Process Upon Appeal; Waiver. A written application for appeal shall be filed with the town clerk within 30 days after the day the decision, notice, or order was served. Failure to timely file an appeal shall constitute a waiver of the right to a hearing of the appeal and such person shall be stopped from denying the validity of any decision, notice, or order which could have been timely appealed.
- Grounds for Appeal. The application for appeal shall set forth the person’s reasons for believing that he or she is not in violation of the code; that the provisions of this code do not fully apply; that the rules legally adopted have been incorrectly applied; or other legal error in the decision, notice or order.
- Procedure on Appeal. Any party may be represented by an attorney and any person whose interests are affected shall be given an opportunity to be heard at the hearing. The Board of Appeals shall conduct the hearing, rule on any procedural matters and objections, and issue a final decision after the hearing. The final decision shall contain findings and conclusions and be provided to the parties within 30 days of the hearing.
- Fees. All appeals shall require payment of a filing fee as established by the Town Council of the Town of Wickenburg.
(Ord. 1231/02-23)
HISTORY
Amended by Ord. 1231 on 2/21/2023
The International Code Council and other publishers identified in Section 8-1-1 issues each edition of the International Building Codes periodically which is maintained by annual supplements. In order that this Article maintains its continuity, it shall be the responsibility of the Town Administration to review and present all such necessary supplements to the Common Council for appropriate action.
Town administration shall propose to the Common Council for adoption rules and regulations in the interest of public safety, health and general welfare to implement the provisions of this Article and to secure the intent thereof; but no such rules shall have the effect of waiving technical provisions specifically provided in the International Building Codes or of violating accepted engineering practices involving public safety.
- Applications shall be made and permits issued at the discretion of the Town administration for the following items:
- Construction, erection, demolition, alteration or repair of any building or structure.
- Installation or replacement of any plumbing fixtures which require changing or alteration of the rough plumbing servicing such fixture as well as the alteration or installation of rough plumbing for the service of future fixtures.
- The installation, replacement or alteration of any electrical fixtures appliance, outlet or service, which shall require a change, alteration, or replacement of any rough wiring.
- The installation or alteration of any heating, cooling, refrigeration or ventilating equipment which shall involve the installation or alteration of duct work or the alteration of fuel lines or electric wiring to the equipment.
- Masonry or other retaining walls which are retaining earth more than eighteen (18) inches in depth, detached accessory buildings more than one hundred forty-four (144) square feet in area, tool sheds, storage buildings and other accessory buildings with more than one hundred forty-four (144) square feet projection roof area. (Ord 1012/9-08) (Ord. 1075/8-10)
- In addition to the requirements of Section 105 IBC and Section R105 IRC of the International Building Codes for the application of a permit, the applicant shall also file a signed statement that the applicant is currently licensed to perform the work applied for in the permit under the provisions of A.R.S §32-1101, et. seq., with his license number. If the applicant is exempt from the provisions of that law, the statement shall contain the basis of the asserted exemption and the name and license number of any general, mechanical, electrical or plumbing contractor who will be employed on the work. (Ord. 1000/5-08)
HISTORY
Amended by Ord. 1000 on 4/7/2008
Amended by Ord. 1012 on 8/18/2008
Amended by Ord. 1075 on 8/16/2010
- For purposes of determining Building Permit Fees for Codes adopted by Section 8-1-1, valuation shall be determined in accordance with International Code Council Building Valuation data table and construction cost table released in august of each year. (Ord. 1140/6-14)
- The following shall require the issuance of a permit but shall be exempt from the requirement of collection of fees:
- Curbs, retaining walls, planter walls, fences and free-standing masonry walls up to thirty-six (36) inches in height and not retaining earth more than eighteen (18) inches in depth.
- Patio covers accessory to Group H, I and J occupancies up to one hundred (100) square feet provided other requirements are complied with.
- One story tool and storage sheds and other accessory buildings not used for human occupancy in the rear yard with not more than, one hundred forty-four (144) square feet of projected roof area provided all other requirements are complied with. (Ord. 1075/8-10)
- The following shall not require permit or fee:
- Residential television and radio antennas supported on roofs.
- Awnings projecting up to six (6) feet and attached to the exterior walls of buildings in Group I and J occupancy.
- Repairs or maintenance which involve only the replacement of component parts of existing work with similar materials for the purpose of maintenance, and which do not aggregate over one thousand dollars ($1,000.00) in valuation in any twelve (12) month period. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment.
- Paved driveways or sidewalks provided drainage is controlled to a public right-of-way.
- Painting, decorating and installation of floor covering.
HISTORY
Amended by Ord. 1075 on 8/16/2010
Amended by Ord. 1140 on 6/19/2014
It shall be the duty of the Town Planner or Town Manager to certify that all requisite Zoning clearances and approvals have been issued and are in order prior to the issuance of any permit for any activity for which a permit is required. Notwithstanding the foregoing, the Town Planner or Town Manager may authorize the issuance of an emergency permit if the work covered by the permit is intended to mitigate conditions, which may pose a hazard or threat to the health or safety of persons or property.
(Ord. 838/6-99)
HISTORY
Amended by Ord. 838 on 5/17/1999
It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the Town, cause the same to be done, contrary to or in violation of any of the provisions of this Article.
- Except for Plan Review fees, all fees due pursuant to this Article shall be paid prior to Building Permit issuance. Plan Review fees shall be paid at the time of filing an application. If additional Plan Review fees become due after the filing of an application, such fees shall be paid prior to the issuance of a Building Permit. All fees shall be in conformance with current fee schedules set forth in this Article. (Ord. 1040/4-09)
- Nothing in this Chapter shall be construed to require changes in the plans, construction or designated use of the building for which a lawful permit has been heretofore issued or otherwise lawfully authorized.
HISTORY
Amended by Ord. 1140 on 6/19/2014
The International Buildings Codes shall be amended as provided in paragraphs 1 through 10 herein.
1. THE INTERNATIONAL BUILDING CODE, 2018 EDITION, IS AMENDED AS FOLLOWS (DELETIONS IN STRIKETHROUGH; ADDITIONS IN UNDERLINE): (Ord. 1231/2-23)
Chapter 1. “Scope and Application”, is hereby amended as follows:
101.1 Title. These regulations shall be known as the Building Code of The Town of Wickenburg, hereinafter referred to as “this code.”
Section 101.2 “Scope”, is hereby amended as follows:
[A] 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use of occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories, above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code, as applicable.
Exceptions: The provisions of this code shall not apply to:
1. Federal, state or county-owned projects (building and land), which are exempt from the required permits, inspections, and fees of Town of Wickenburg code.
2. Work primarily located within a public way such as streets, roads, sidewalks, bridges, drainage structures, streetlights and traffic control signs or equipment. Pedestrian tunnels or bridges which cross a public way are regulated by this code when they directly connect one or more buildings located outside of the public way.
3. Canals, dams, and hydraulic flood control structures constructed by or under contract with a governmental agency or jurisdiction.
4. Utility towers, poles, equipment, or systems under the exclusive control of an electric utility and directly used to generate, transmit, transform, control, or distribute electrical energy to utility customers. Electrical installations in buildings used by the electric utility, such as office buildings, that are not an integral part of a generating plant, substation or control center, and electrical installations located on the premises of a utility customer, such as exterior lighting, service entrance equipment or customer-owned substation equipment, are regulated by this code.
5. Installation of communications equipment under the exclusive control of communications utilities and located outdoors or in a building space used exclusively for such installations. Communications wiring run inside a building is regulated by this code.
6. Piping and equipment owned and operated by a public service utility and directly used to produce, treat, distribute, or meter water to utility customers, or directly used to collect, treat or dispose of sewage or waste water from utility customers. Domestic plumbing systems within water or sewer utility plants are regulated by this code.
Section 101.3 “Intent”, is hereby amended as follows:
[A] 101.3 Intent. The purpose of this code is to establish the minimum requirements to provide a reasonable level of safety, public health and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire, explosion and other hazards, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.
The purpose of this Code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this code. Although the Planning & Development Department Director (hereinafter referred to as the “Director”) or designee is directed to obtain substantial compliance with the provisions of this code, a guarantee that all buildings, structures, or utilities have been constructed in accordance with all provisions of the code is neither intended nor implied.
Section 101.4 “Referenced Codes”, is hereby amended as follows:
[A] 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
Exception: Administrative requirements in the Town of Wickenburg Fire Code.
[A] 101.4.1 Gas. The provisions of the International Fuel Gas Code, as amended, shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
[A] 101.4.2 Mechanical. The provisions of the International Mechanical Code, as amended, shall apply to the installation, alterations, repair¸ and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators, and other energy-related systems.
[A] 101.4.3 Plumbing. The provisions of the International Plumbing Code, as amended, shall apply to the installation, alteration, repair, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems.
[A] 101.4.4 Property maintenance. The provisions of Article 10-5 Property Maintenance shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.
[A] 101.4.5 Fire prevention. The provisions of the International Fire Code, as amended, shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
[A] 101.4.6 Energy. The provisions of the International Energy Conservation Code, as amended, shall apply to all matters governing the design and construction of buildings for energy efficiency.
[A] 101.4.7 Existing Buildings. The provisions of the International Existing Building Code, as amended, shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
[A] 101.4.8 Electrical. The provisions of the National Electrical Code, as amended, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto.
[A] 101.4.9 Residential. The provisions of the International Residential Code, as amended, shall apply to detached one-and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height.
Section 104.10 “Modifications”, is hereby amended as follows:
[A] Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner’s authorized agent, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.
Requests for modification of a code requirement shall be made in writing on a form provided by Community Development and shall be accompanied by a non-refundable fee as set forth by the Town Council. The applicant is responsible for providing all information, calculations or other data necessary to document or substantiate each request. The building official may approve, approve with stipulations, or deny the application based upon the substantiating data submitted and the building official's determination that the modification results in substantial compliance with the intent of this code. In deciding each case, the building official may consider or require alternate methods or systems to be used in compensation for the particular code provision to be modified.
Section 104.10.1 “Flood Hazard Areas” is amended to read as follows: Flood hazard areas is determined by Maricopa or Yavapai County Flood Control District regulations, as applicable.
Section 105.2 “Work exempt from permit”, is hereby amended as follows:
[A] 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other codes, laws, or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area is not greater than 120 200 square feet (18.58 m²).
2. Fences not over 7 feet (2134 mm) 6 feet high. Fences over 6’ in height shall require a building permit demonstrating compliance with the Zoning Ordinance requirements and Town Code requirements for site drainage only.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1219mm) (48 inches) in height measured from the bottom top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ration of the height to diameter or width is not greater than 2:1.
6. Platforms, sidewalks, and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
7. Painting, papering, tilling, carpeting, cabinets, counter tops, and similar finish work.
8. Temporary motion picture, television, and theater stage sets, not including additional bleachers and grandstands.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. Barriers shall be installed in accordance with A.R.S. § 36-1681. A permit is required for pool barriers.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that does not project more than 54 inches (1372 mm) from the exterior wall and does not require additional support.
13. Nonfixed and moveable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1753 mm) in height.
14. Re-roofing with the same type of material as the original roofing and provided not more than two layers of asphalt shingles are applied over an existing asphalt shingle roof.
15. Installation of a nonstructural weatherproof exterior covering over an existing weatherproof covering on an existing structure so long as the new covering will not affect the fire-resistive classification of the existing.
Exception: Installation of an Exterior Insulation and Finish System (EIFS).
Section 105.6 “Suspension or revocation”, is hereby amended as follows:
[A] 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information; or in violation of any ordinance or regulation or any of the provisions of this code; or reasonable and continuous progress has not been made to complete the construction; or the continuance of any work becomes dangerous to life or property.
It shall be unlawful to proceed with any work for which a permit was issued after notice of permit suspension or revocation is served on the permit holder, the owner or the person having responsible charge of the work. Reinstatement of a suspended permit shall be by written notice from the building official authorizing work to resume, with or without conditions. Revoked permits shall be cancelled, and the permit fee shall not be refunded except as may be provided in Section 109.6 of this code.
Section 105.7 “Placement of permit”, is hereby amended as follows:
Section 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until completion of the project. The permit holder shall post a visible sign which identifies the permit number, street address and lot number or suite number where construction work is authorized until completion of the project. Other forms of identification may be used when approved by the building official.
Section 107 “Submittal Documents”, is hereby amended as follows:
Section 107 SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional as required by the State of Arizona Board of Technical Registration. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional licensed by the state of Arizona.
Section 107.4 “Amended construction documents”, is hereby amended as follows:
[A] 107.4 Amended construction documents.
Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. Amended sets of construction documents shall be subject to fees adopted by Resolution of the Town Council of the Town of Wickenburg.
Section 109 “Fees” shall be deleted in its entirety and replaced with: “The fees for activities and services performed under this Code shall be adopted by Resolution of the Town Council of the Town of Wickenburg.”
Section 111 “Certificate of Occupancy”, is hereby amended as follows:
SECTION 111 CERTIFICATE OF OCCUPANCY
[A] 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change of the occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the Town of Wickenburg.
Exceptions:
- Certificates of occupancy are not required for work exempt from permits under Section 105.2.
- Certificates of occupancy are not required for one and two family residences. Only final inspection approval and a utility clearance is required prior to occupancy.
[A] 111.5 Certificate of occupancy only. Application may be made for the building official to consider issuing a certificate of occupancy only for a change in use or for new use of an existing building when no construction permit has been issued. Application for such a certificate shall be on a form provided by the Community Development Department and shall include payment of a nonrefundable application and inspection fee. This fee shall be in addition to any plan review fee or subsequent permit fee that may be required by Section 109 of this Code.
Section 113 “Board of Appeals”, is hereby amended by deleting the section in its entirety and replacing it with: “Appeals shall be conducted pursuant to Section 8-1-3 of the Town Code.”
Section 116 “Unsafe Structures and Equipment” is hereby amended as follows:
SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT
[A] 116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or shock hazard or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
In addition to the provisions of this Code, all buildings, structures, and property shall be maintained in compliance with the provisions of Article 10-5 Property Maintenance and all unsafe buildings or structures shall be subject to the abatement and enforcement provisions of that code.
[A] 116.2 Definitions. Record Unsafe structures and equipment shall be classified as being an Unsafe or Imminent Unsafe condition.
The building official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.
UNSAFE CONDITION is a hazard that has the potential to cause harm or damage to life, health or property if not corrected. Sections 116.3, 116.4, and 116.5 include but are not limited to unsafe conditions.
IMMINENT UNSAFE CONDITION is an unsafe condition that is a high, real, and immediate risk to life, health, or property. Sections 116.3 and 116.4 include but are not limited to imminent unsafe conditions.
[A] 116.3 Notice Unsafe buildings or structures. If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
Conditions or defects that render a building or structure unsafe include, but are not limited to:
1. Where the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in this code for new buildings of similar structure, purpose or location.
2. Where any portion thereof has been damaged by fire, earthquake, wind, flood or any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of this Code for new buildings of similar structure, purpose or location.
3. Where any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquake than is required in the case of similar new construction.
4. Where the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle of one-third of the base.
5. Where any building or structure which, whether or not erected in accordance with all applicable laws and ordinances or not, has any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent, of the strength or fire-resisting qualities required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
Imminent unsafe conditions:
1. Where any door, aisle, passageway, stairway or other means of egress is locked, blocked or constricted so as to prevent safe and adequate means of egress in case of fire or panic.
2. Where any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof, is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in this code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted for such buildings.
3. Where the building or structure, or any portion thereof, is likely to collapse because of dilapidation, deterioration, or decay partially or completely; faulty construction; the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause.
4. Where, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
5. Where the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing our outside walls or coverings.
6. Where the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children or a harbor for vagrants, criminals or immoral persons.
7. Where any swimming pool is not enclosed with all barriers required by this Code.
116.4 Method of service Unsafe building service equipment.
Such notice shall be deemed properly served if a copy thereof is: Delivered to the owner personally; sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested; or delivered in any other manner as prescribed by local law. If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner’s agent or on the person responsible for the structure shall constitute service of notice on the owner.
Unsafe building service equipment is equipment which constitutes a fire hazard or hazard to life, health, property, or the public welfare by reason of use, construction, quality of materials or inadequate maintenance or dilapidation. Conditions or defects that render equipment unsafe include, but are not limited to:
116.4.1 Gas-fired, oil-fired or solid-fuel-fired appliance, devices or apparatus which have any of the following defects:
1. Defective heat exchangers.
2. Defective or improperly installed and adjusted controls and appurtenances
3. Equipment locations which will constitute a fire or explosion hazard.
4. Defective or improperly installed equipment.
Imminent unsafe conditions:
1. Defective or deteriorated vents, venting or flues which permit leakage of flue gases through the flue walls.
2. Defective or leaking fuel supply lines.
3. Insufficient fresh air supply for combustion of fuel and vent operation.
4. Heating appliances which are not property vented.
5. Excessive exhaust in boiler, furnace rooms or areas where gas, liquid or solid fuel fired equipment is located.
116.4.2 Electrical systems, appliances, devices or apparatus which have any of the following defects:
1. Loose or poor electrical connections creating a fire or shock hazard.
2. Equipment or circuits not properly grounded and bonded.
3. Misuse of flexible cords and cables.
4. Wiring method or equipment not properly supported.
5. Improperly installed or not suitable for the intended use and location.
Imminent unsafe conditions:
1. Uninsulated or exposed live parts and a fire or shock hazard exists.
2. Overloaded branch circuits, feeders or service equipment.
3. Equipment or conductors not properly protected from overload, short circuit or ground fault.
4. Equipment short-circuit, interrupting or withstand ratings insufficient for the available fault current at the line terminals of the equipment.
5. Inadequate maintenance, dilapidation, damage, obsolescence or abandonment.
116.4.3 Boilers or pressure vessels which have any of the following conditions:
1. Excessive scaling or corrosion, or cracks in seams, tubes or shells.
2. Defective or improperly installed operational controls, burners or other appurtenances.
3. Hazardous operation or location of equipment.
4. Unacceptable means for blowdown where required.
5. Insufficient fresh air supply for complete combustion of fuel and vent operation.
6. A boiler or pressure vessel operated above its allowable pressure or temperature.
Imminent unsafe conditions:
1. Defective or improperly installed safety valves, or safety valves of improper setting, capacity or acceptable means of discharge.
2. Defective or improperly installed vent system for products of combustion.
3. Insufficient fresh air supply for complete combustion of fuel and vent operation.
116.4.4 Refrigeration equipment which has any of the following defects:
1. Inadequate ventilation of machinery rooms.
2. Inadequate sizing, setting capacity or venting of pressure-relief valves.
3. Hazardous location or operation of equipment.
4. Defective or improperly installed safety controls.
5. Refrigerants of a type or quantity which is prohibited for conditions under which it is used.
Imminent unsafe conditions:
1. Systems using ammonia as a refrigerant where inadequate provisions have been made for disposal as required elsewhere in this Code.
116.4.5 Plumbing systems which have any of the following defects:
1. Drainage systems which are clogged, fouled or depositing solids.
2. No trap seal is provided or the seal is inadequate.
3. Lack of sewer venting or venting into an enclosed building or structure.
4. Leaking water, sewage, or sewer gas inside or outside a building.
5. Open or abandoned cesspools or septic tanks.
Imminent unsafe conditions:
1. Where the water does not meet the standards for potability as required by the Maricopa County Environmental Services Department.
2. The existence of cross connection, backflow or back siphonage, which creates health hazards or pollution.
3. Lack of running water to operate plumbing fixtures required for the use or occupancy of the premises.
116.5 Restoration Unsafe excavations.
Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of the International Existing Building Code.
An unsafe excavation is any abandoned swimming pool or any active or abandoned mining shaft, test hole, well, pit, trench or other excavation which is more than 4 inches (102 mm) in any lateral dimension and more than 3 feet (914 mm) in depth, whenever such excavation is not covered, fenced or otherwise enclosed such that the general public is exposed to an imminent hazard. This does not apply to active sand or gravel mines being operated in compliance with City and State laws.
116.6 Restoration Notice of violation.
Notices of violation shall describe the unsafe conditions and declare any unsafe conditions that are determined to be an imminent unsafe condition. A specified time must be stated on the notice by which the unsafe / imminent unsafe conditions must be abated by. A building permit must also be obtained to request an inspection to verify the unsafe imminent conditions has been abated.
The person or persons occupying or having control of any unsafe building, structure or building service equipment who knows or should have known an unsafe condition exists shall take immediate steps to vacate the building or structure or to otherwise safeguard the health and safety of the public including all building occupants, and shall notify the appropriate agency or agencies of the situation as follows:
1. The fire department shall be notified immediately of all personal injuries, fires, explosions or hazardous materials incidents.
2. The Water Services Department shall be notified immediately of all backflow, back siphonage or cross-connection incidents according to City procedures.
3. The gas utility shall be notified immediately of any unsafe conditions relating to gas piping or gas-fired building service equipment.
4. The electric utility shall be notified immediately of any shock injuries, fire or explosion relating to any electrical building service equipment.
5. In addition to the above notifications, the building official shall be notified within four hours of the occurrence of any structural failure or of any unsafe condition.
6. In addition to the above notifications, the building official shall be notified within 72 hours of the occurrence of any fire that caused structural damage or damage to required building service equipment, any plumbing cross-connection, or any other unsafe condition relating to building service equipment.
116.7 Authority for inspection and evaluation.
The building official shall follow the procedures for right of entry noted in Section 104.6. When the building official has reason to suspect that an unsafe condition exists, the building official is authorized to immediately issue abatement orders in accordance with Section 116.8 of these administrative provisions, or the building official may require the property owner to obtain a detailed engineering evaluation of the suspected unsafe condition before the building official determines the extent of abatement required.
1. When so ordered by the building official, the owner of any building or property suspected of containing an unsafe condition shall engage the services of a design professional registered in Arizona to conduct a detailed investigation and analysis of the suspected unsafe condition. The cost of such an investigation and report shall be paid by the property owner.
2. The registered design professional retained by the owner shall conduct a detailed investigation and evaluation of the suspected unsafe condition and shall issue a written report to the property owner and to the building official on the condition of the building, structure, or building service equipment, including recommendations for steps necessary to abate any unsafe condition found. The report shall be delivered to the building official on or before the date specified in the building official order requiring such report.
3. The content, findings and recommendations contained in the owner’s engineering report may be utilized by the building official to determine whether or not an unsafe condition exists, whether it creates an imminent unsafe condition and what, if any, abatement orders shall be issued.
4. Failure of a property owner to produce an engineering report on or before the date specified in the building official order shall be grounds for the building official to proceed with abatement proceedings up to and including orders to immediately vacate or demolish the subject building or structure.
116.8 Abatement of unsafe buildings, structures or building service equipment.
The building official shall, after inspection, determine whether a building, structure or building service equipment is an unsafe condition and, if so, whether it constitutes an imminent unsafe condition, as defined in Section 116.2 of these administrative provisions.
116.8.1 Unsafe conditions. If a building, a structure or any building service equipment is determined to be in an unsafe condition, the building official shall issue a written notice to the property owner or occupant of the premises describing the unsafe condition and order its repair or abatement within a specified time. The time allowed for repair or abatement shall be not less than that posted on the Notice of Violation starting from the date of the notice. Failure to repair or abate the unsafe condition within the time specified shall constitute grounds for the building official to initiate formal abatement procedures.
116.8.2 Imminent unsafe conditions. If a building, structure, or any building service equipment is determined to be in an imminent unsafe condition, the building official shall serve a written notice of violation on the person or persons occupying or having control of the building, structure or building service equipment and on the person or persons having recorded interest in the property. The notice of violation shall declare the imminent unsafe condition to be a nuisance and shall order its immediate abatement in accordance with the provisions of this section.
1. Notice of violation. Notices of violation declaring imminent unsafe conditions shall be served by personal service or by certified mail return receipt requested. Service shall be deemed complete upon delivery.
The notice of violation shall identify the address and legal description of the property in question and shall state the nature and extent of the imminent unsafe condition in such detail as to allow the property owner to identify and abate the imminent unsafe condition. The notice shall provide the name and phone number of a Town representative to contact concerning the imminent unsafe condition and acceptable methods of abatement. The notice shall state the Town’s authority to abate the violation if the owner fails to do so and the Town’s ability to assess the costs of such abatement against the property. The notice shall state the procedures to follow should the owner wish to appeal the decision of the building official.
Nothing shall preclude the building official from giving additional oral or written information notices. Nothing herein shall require the issuance of a notice of violation prior to commencement of emergency abatement or civil or criminal violation proceedings, pursuant to law.
2. Unsafe buildings or structures. In the case of an unsafe building or structure containing imminent unsafe conditions, the building official shall order the abatement by repair or by demolition of the building or structure. The unsafe building or structure and any buildings or structures placed in jeopardy by the unsafe buildings or structures shall be posted in accordance with this Code. The buildings or structures shall not be occupied or reoccupied until determined safe by the Building official.
3. Unsafe building service equipment. In the case of an unsafe building service equipment installation containing imminent unsafe conditions, the building official shall attach or affix a warning red tag to the equipment declared to be unsafe. Where equipment is declared to be in an imminent unsafe condition, the building official shall order such equipment disconnected or its use discontinued until the condition is abated per Code. In addition, the building official may order any building or structure which is placed in jeopardy by the unsafe equipment to be vacated, or the building official may order the disconnection of the affected utility service to the building, structure or equipment, and these buildings or structures shall not be occupied, reoccupied, or building service equipment reconnected until determined safe by the building official.
4. Posting of signs. When necessary to protect life, health or public welfare, the building official shall post signs which shall prohibit entry into an unsafe building or structure provided, however, that with permission of the building official it shall be lawful to enter the building for the purposes of removing personal property. It shall be unlawful to remove any such posted sign without permission from the building official.
5. Emergency barricades. If any building or structure is a hazard to life or limb to persons using a public street, alley or sidewalk, the public way shall be barricaded to prevent public use. The necessary barricades shall be erected on order from the building official. The costs for barricading of a public way under this section shall be assessed to and paid by the owner of the unsafe building or structure causing the need for such barricades.
6. Emergency abatement. In the event an emergency should occur wherein the continued existence of a building, structure or building service equipment would constitute an imminent unsafe condition to life, health or other property, the building official may cause such building or structure to be demolished, building service equipment removed or disconnected, swimming pool fenced or pumped dry or a cesspool or tank filled at once, all without notice. Such abatement shall be limited to the minimum work necessary to remove the imminent unsafe condition.
7. Abatement by the Town. If the owner of any unsafe building, structure or building service equipment fails to abate an imminent unsafe condition within the time specified in the Notice of Violation, the Town may abate any such imminent unsafe condition by repair, removal, or demolition in accordance with the provisions of Article 10-5 Property Maintenance. The costs of any Town abatement, including emergency abatement or temporary repairs, shall be paid by the property owner as set forth by Town Council.
8. Court-ordered abatement. In addition to any other abatement procedures provided in this Code, the building official may apply to the Municipal Court of the Town of Wickenburg or any other applicable court of general jurisdiction for an order allowing the Town to abate any unsafe condition in accordance with the provisions of the Wickenburg Town Code.
116.8.3 Appeals. Decisions, orders and notices of violation relating to unsafe buildings, structures or building service equipment may be appealed in accordance with Section 113 of this Code, except that any emergency abatement may be conducted in accordance with the Wickenburg Town Code and State law, as amended.
Chapter 2, “Definitions”, Section 202, is hereby amended as follows:
SECTION 202 DEFINITIONS
COMMON AREA. For the purposes of ADA compliance for visual notification, a common area shall be a room, space, or element made available for the use of a restricted group of people (for example, occupants of a homeless shelter, the occupants of an office building, or the guests of such occupants). Common areas shall include restrooms, hallways, lobbies, meeting and conference rooms, classrooms, cafeterias, filing and photocopy rooms, employee break rooms, open office areas exceeding 300 square feet, examination and treatment rooms, and similar areas that are not used solely as employee work areas in accordance with the U.S. Access Board technical Bulletin on Visual Alarms. Mechanical, electrical and telephone closets, janitor’s closets, and similar non-occupiable spaces that are not common areas or assigned work areas are not required to have visual alarms.
Chapter 3, “Occupancy Classification and Use”, is hereby amended as follows:
SECTION 308 INSTITUTIONAL GROUP I
308.2 Institutional Group I-1. Institutional Group I-1 occupancy shall include buildings, structures, or portions thereof for more than 10 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Buildings of Group I-1 shall be classified as one of the occupancy conditions specified in Section 308.2.1 or 308.2.2. This group shall include, but not be limited to, the following:
Alcohol and drug centers
Assisted living facilities
Congregate care facilities
Group Homes
Halfway houses
Residential board and care facilities
Social rehabilitation facilities
308.2.3 Six to 10 persons receiving custodial care. A facility housing not fewer than six and not more than 10 persons receiving custodial care shall be classified as Group R- 4.
308.2.4 Five or fewer persons receiving custodial care. A facility with five or fewer persons receiving custodial care shall be classified as Group R-3 or shall comply with the International Residential Code.
310.5 Residential Group R-4. Residential Group R-4 occupancy shall include buildings, structures, or portions thereof for more than 5 but not more than 10 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and receive custodial care. Buildings of Group R-4 shall be classified as one of the occupancy conditions specified in Section 310.5.1 or 310.5.2. The persons receiving care are capable of self-preservation. This group shall include, but not be limited to, the following:
Alcohol and drug centers
Assisted living facilities
Congregate care facilities
Group Homes
Halfway houses
Residential board and care facilities
Social rehabilitation facilities
Group R-4 occupancies shall meet the requirements for construction as defined for Group R-3 or shall comply with the International Residential Code, except as otherwise provided for in this code.
Chapter 12, “Interior Environment”, is hereby amended as follows:
SECTION 1203 TEMPERATURE CONTROL
1203.1 Equipment and systems. Habitable spaces shall be provided with active or passive space-heating and space-cooling systems capable of maintaining a minimum indoor temperature between 70°F (21°C) and 90°F (32°C) at a point 3 feet (914 mm) above the floor. The installation of portable space heaters or coolers shall not be used to achieve compliance with this section.
Section 1206, “Sound Transmission” is hereby amended as follows:
1206.4 Sound attenuation. All residential buildings or portions of buildings where the public is received, office areas and where normal noise level is low for first occupancy, including libraries, schools, and churches, pursuant to building permits issued after the effective date of this ordinance in order to achieve a maximum interior noise level of forty-five (45) decibels in areas within the noise contours described in A.R.S. section 28-846, as applicable.
Chapter 16, “Structural Design”, is hereby amended as follows:
SECTION 1607 LIVE LOADS, Table 1607.1, item number 25 is amended as follows:
OCCUPANCY OR USE
| UNIFORM (psf)
|
25. Residential
Habitable attics and sleeping areas
| 40 |
Delete Section 1612.3, Establishment of flood hazard areas and replace with:
“Flood hazard areas as determined by Maricopa or Yavapai County Flood Control District, as applicable.”
SECTION 1705 REQUIRED SPECIAL INSPECTIONS AND TESTS is amended as follows:
1705.4 Masonry construction. Add two (2) new exceptions to read as follows:
4. Masonry fences seven feet or less in height above grade.
5. Masonry retaining walls four feet or less in height from top bottom of footing to top of wall unless supporting a surcharge or impounding flammable liquids.
Add the following new section 1705.19 Special Electrical Inspections to read as follows:
1705.19 Special Electrical Inspections. The types of equipment or installations noted below shall be tested or inspected by a special inspector.
1. Ground-fault protection performance tests for equipment provided with ground- fault protection.
2. Switchboards, panelboards, motor control centers and other equipment rated at 1,000 amperes or more, or over 600 volts.
3. Transformers rated 100 kVA or more, single phase, or 300 kVA or more, three phase.
4. Conductors that supply equipment rated at 1,000 amperes or more, or over 600 volts.
5. Emergency and standby power systems, including switchboards, panelboards, distribution boards, transfer equipment, power source, conductors, fire pumps and exhaust and ventilation fans. This also includes verification of the installation in accordance with the required selective coordination study.
6. Selective Coordination - This includes verification of the installation in accordance with the required selective coordination study.
7. Special cases – Work which, in the opinion of the building official, involves unusual hazards or conditions.
Exception: The building official may waive the requirement for the employment of a special inspector if the construction is of a minor nature.
Add the following new section 1705.20 Mechanical Special Inspections to read as follows:
1705.20 Mechanical Special Inspections. The types of equipment or installations noted below shall be tested or inspected by a special inspector in accordance with regulations established by the building official:
1. Duct smoke detectors for air distribution systems as required by International Mechanical Code section 606.5.
2. Fire, fire/smoke, radiation, and smoke damper operation for dampers required by International Mechanical Code section 607.2.
3. Installation of grease duct enclosure alternative systems allowed under the exceptions to the International Mechanical Code section 506.3.11.
4. Special cases—Work which, in the opinion of the building official, involves unusual hazards or conditions.
5. Test and balance report for air balance of ventilation systems installed in ambulatory care and I-2 occupancies designed and installed in accordance with ASHRE 170 as required by the International Mechanical Code section 407.1.
Exception: The building official may waive the requirement for the employment of a special inspector if the construction is of a minor nature.
Add the following new section 1705.21 Plumbing Special Inspections to read as follows:
1705.21 Plumbing Special Inspections. The types of equipment or installations noted below shall be tested or inspected by a special inspector:
1. Medical Gas and Vacuum Systems as required by International Plumbing Code section 1202.
2. Special cases - Work which, in the opinion of the building official, involves unusual hazards or conditions.
Exception: The building official may waive the requirement for the employment of a special inspector if the construction is of a minor nature.
Section 1803 GEOTECHNICAL INVESTIGATIONS is hereby amended by adding new subsection:
1803.5.13 Post-tensioned slabs on ground. A geotechnical investigation is required for the design of all post-tensioned slabs on ground. The investigation report shall include all soil parameters as outlined in PTI DC-10.5. Information required on the drawings includes, but is not limited to, slab type, soil parameters, bearing value and depth, coefficient of subgrade friction, soil subgrade modulus, em and ym for expansive soils and all special inspection requirements.
Table 1806.2 Presumptive Load - Bearing Values is hereby amended to read as follows:
TABLE 1806.2 PRESUMPTIVE LOAD-BEARING VALUES
4. Sand, silty sand, clayey sand, silty gravel and clayey gravel (SW, SP, SMc, SCc, GM, and GC)
| 2,000
1,500
|
Section 1907 MINIMUM SLAB PROVISIONS is amended by adding new subsection:
1907.2 Post-tensioned slabs on ground. All post-tensioned slabs on ground shall be stamped, marked, or otherwise identified in a conspicuous location indicating the slab is a post-tensioned slab. Conspicuous locations include, but are not limited to, entrance porches, slabs at garage doors, patio slabs, metal tag attached to water service hose bibb.
Chapter 29, “Plumbing Systems”, is hereby amended to read as follows:
Section 2902, “Minimum Plumbing Facilities” is amended as follows:
[P] 2902.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex.
Exceptions:
1. Separate facilities shall not be required for dwelling units and sleeping units.
2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer.
3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.
4. Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 50 or fewer.
[P] 2902.6 Small occupancies. Drinking fountains shall not be required for an occupant load of 15 50 or fewer.
Chapter 31, “Special Construction”, is hereby amended to reads as follows:
Amend Section 3105 as follows:
SECTION 3105 AWNINGS, CANOPIES, AND SHADE STRUCTURES
3105.1 General. Awnings, shade structures or and canopies shall comply with the requirements of this section and other applicable sections of this Code. All provisions of this Code shall apply to nonresidential shade structures except as specifically modified by this section. The intent of this section is to provide less restrictive construction standards than this Code would otherwise require, provided all of the special design and construction requirements of these sections are met.
3105.2 1.5 Definitions.
For the purposes of this section and as used elsewhere in this Code, the following shall have the meanings shown herein.
INDUSTRIAL SHADE CANOPY. An industrial shade canopy is an awning, canopy or roof structure which provides solar protection for outdoor Group F or Group S factory, industrial or storage uses or equipment. Industrial shade canopies shall be classified as to Occupancy Group in accordance with Chapter 3 of this Code.
MERCANTILE SHADE CANOPY. A mercantile shade canopy is an awning, canopy or roof structure which provides solar protection for the outdoor storage, display or sale of merchandise as part of a Group M occupancy and includes the following:
1. A roof structure with not less than 50 percent of its perimeter wall area unenclosed; or
2. A slatted, lattice or louvered roof structure with not less than 25 percent of the roof area open to the sky; or
3. An open structural framework covered with shade cloth fabric as specified in Section 3105.4.
Mercantile shade canopies shall not apply to motor fuel dispensing facilities.
NON-RESIDENTIAL PATIO COVER. A non-residential patio cover is an awning, canopy or roof structure which provides solar protection for outdoor seating, dining, walkway or pedestrian entry areas accessory to a building of any occupancy and includes the following:
1. A roof structure with not less than 50 percent of its perimeter wall area unenclosed; or
2. A slatted, lattice or louvered roof structure with not less than 25 percent of the roof area open to the sky; or
3. An open structural framework covered with shade cloth fabric as specified in Section 3105.4.
Non-residential patio covers shall not apply to canopies or roof structures over vehicle drive-through lanes or porte-cocheres used by motor vehicles.
PARKING LOT SHADE STRUCTURE. A parking lot shade structure is a modified S-2 open parking garage. A parking lot shade structure is a Group U Occupancy with a freestanding roof supported on columns and entirely open on all sides with no enclosures beneath the roof.
RETRACTABLE AWNING. A retractable awning is a cover with a frame that retracts against a building or other structure to which it is entirely supported.
3105.32 Design and construction. Awnings, shade structures and canopies shall be designed and constructed to withstand wind or other lateral loads and live loads as required by Chapter 16 with due allowance for shape, open construction and similar features that relieve the pressures or loads. Structural members shall be protected to prevent deterioration. Awnings shall have frames of noncombustible material, fire-retardant-treated wood, heavy timber complying with Section 2304.11 wood of Type IV size, or 1-hour construction with combustible or noncombustible covers and shall either be fixed, retractable, folding or collapsible.
3105.4 3 Awnings, shade structure, and Ccanopy materials.,and shade structure materials Awnings, shade structures, and Ccanopies and shade structures shall be provided with an approved covering that complies with one of the following: constructed of a rigid frame work with an approved covering that meets the fire propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701 or has a flame spread index not greater than 25 when tested in accordance with ASTM E 84 or UL723.
1. The fire propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701.
2. Has a flame spread index not greater than 25 when tested in accordance with ASTM E84 or UL 723.
3. Meets all of the following criteria when tested in accordance with NFPA 286:
• 3.1 During the 40 kW exposure, flames shall not spread to the ceiling.
• 3.2 Flashover, as defined in NFPA 286, shall not occur.
• 3.3 The flame shall not spread to the outer extremity of the sample on any wall or ceiling.
• 3.4 The peak heat release throughout the test shall not exceed 800 kW.
Exception: The fire propagation performance and flame spread index requirements shall not apply to awnings installed on detached one- and two-family dwellings.
Adding the following sections:
3105.5 4 Industrial shade canopies. Industrial shade canopies shall comply with the provisions of Chapter 3 for their designated occupancy except as specifically modified below.
3105.54.1 Construction and Height. Industrial shade canopies shall be limited to one story in height and shall be entirely of Type I or Type II non-combustible construction. Industrial shade canopies shall meet the design requirements of Chapter 16.
3105.54.2 Location on Property. Industrial shade canopies shall comply with Table 601 and 602 for the fire resistive protection. Shade canopies attached to unlimited area buildings shall not encroach within the required 60 foot (18288 mm) open yard area. Not less than 50 percent of the shade canopy perimeter area shall be unenclosed.
3105.54.3 Allowable Area. Industrial shade canopies may be attached to a Group F or a Group S occupancy building of any construction type when the total combined area of the building and the shade canopy does not exceed the area limits specified in Sections 503 and 506 for the type of construction for the building.
2. THE INTERNATIONAL RESIDENTIAL CODE, 2018 EDITION, IS AMENDED AS FOLLOWS (DELETIONS IN STRIKETHROUGH; ADDITIONS IN UNDERLINE): Ord. 1231/2-23
Chapter 1, “Scope and Administration,” is hereby amended as follows:
R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family
Dwellings of “The Town of Wickenburg” and shall be cited as such and will be referred to herein as “this code.”
R101.2 Scope. The provisions of the International Residential Code for One-and Two-Family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height, with a separate means of egress, and their accessory structures not more than three stories above grade plane in height.
Exception: The following shall be permitted to be constructed in accordance with this code where, provided with a residential fire sprinkler system complying with Section P2904:
1. Live/work units located in one-and two-family dwellings, or townhouses and complying with the requirements of Section 419 of the International Building Code. Fire suppression required by Section 419.5 of the International Building Code when designed under the International Residential Code for One-and Two-family dwellings shall conform to Section P2904.
2. Owner-occupied lodging houses with five or fewer guestrooms.
3. A care facility with five or fewer persons receiving custodial care within a dwelling unit.
4. A care facility with five or fewer persons receiving medical care within a dwelling unit.
5. A care facility with five or fewer persons receiving care that reside within a single-family dwelling.
R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, Article 10-5 Property Maintenance, or the Wickenburg Fire Code, as amended by the Town of Wickenburg, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
SECTION R103. DEPARTMENT OF BUILDING SAFETY Reserved.
SECTION R104. DUTIES AND POWERS OF THE BUILDING OFFICIAL Reserved.
SECTION R105. PERMITS Reserved.
SECTION R106. CONSTRUCTION DOCUMENTS Reserved.
SECTION R108. FEES Reserved.
SECTION R109. INSPECTIONS Reserved.
SECTION R110. CERTIFICATE OF OCCUPANCY Reserved.
SECTION R112. BOARD OF APPEALS Reserved.
SECTION R113. VIOLATIONS Reserved.
SECTION R114. STOP WORK ORDER Reserved.
Chapter 2, “Definitions,” is hereby amended as follows:
SECTION R202. DEFINITIONS
Fire separation distance. The distance measured from the building face to one of the following:
1. To the closest interior lot line.
2. To the centerline of a street, an alley, or public way.
3. To an imaginary line between two buildings on the lot. The distance shall be measured at a right angle from the face of the framing.
Standard Plans. Plans authorized by the Development and Engineering Department to be used in construction on a repetitive basis. Standard plans may include options allowing variations to the building design that may alter the interior and exterior appearance.
Chapter 3, “Building Planning,” is hereby amended to read as follows:
R301.2 Climatic and geographic design criteria. Buildings shall be constructed in accordance with the provisions of this code as limited by the provisions of this section.
Ground snow load:
| 0 psf |
| Wind Speed: | 90 ,mph/ult. |
| Topographic effects | No |
| Special Wind Region | No |
| Wind-borne debris zone: | No |
| Seismic design category: | B |
| Weathering: | Negligible |
| Frost line depth: | 12" |
| Termite: | Moderate to heavy |
| Winter design temperature: | 32°F
|
Ice shield underlayment required:
| No |
Flood hazards:
| Per Maricopa or Yavapai County Flood Control District, as applicable.
|
Air freezing index:
| 0 |
Mean annual temperature:
| 71.2°
|
MANUAL J DESIGN CRITERIAN
Refer to Section M1401.3 and N1103.7 of the 2018 IRC.
Section 301.2.4 “Floodplain construction” is amended to read as follows:
R301.2.4 Floodplain construction. Buildings and structures constructed in whole or in part in flood hazard areas, and substantial improvement and restoration of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the Town of Wickenburg Code and Maricopa or Yavapai County Flood Control District, regulations, as applicable.
Section R301.5, “Live Load” is amended as follows:
TABLE R301.5
MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS
(in pounds per square foot)
USE
| LIVE LOAD
|
Uninhabitable attics without storage
| 10 |
Uninhabitable attics with limited storage
| 20 |
Habitable attics and attics served with fixed stairs
| 30 40 |
Balconies (exterior) and decks
| 40 |
Fire escapes
| 40 |
Guards and handrails
| 200 |
Guard in-fill components
| 50 |
Passenger vehicle garages
| 50 |
Rooms other than sleeping rooms
| 40 |
Sleeping rooms
| 40 |
Stairs
| 40 |
R302.2.2 Common walls. Common walls separating townhouses shall be assigned a fire resistance rating in accordance with Item 1 or 2. The common wall shared by two townhouses shall be constructed without plumbing or mechanical equipment, ducts, or vents in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be in accordance with chapters 34 through 43. Penetrations of the membrane of common walls for electrical outlet boxes shall be in accordance with section R302.4
1. Where a fire sprinkler system in accordance with P2904 is provided, the common wall shall not be less than 1-hour fire resistance rated wall assembly tested in accordance with ASTM E119, UL 263 or section 703.3 of the International Building Code (as amended by the Town of Wickenburg).
2. Where a fire sprinkler system in accordance with P2904 is not provided, the common wall shall not be less than a 2-hour fire resistance rated wall assembly tested in accordance with ASTM E119, UL 263 or section 703.3 of the International Building Code (as amended by the Town of Wickenburg).
R302.6 Dwelling-Garage Fire Separation. The garage shall be separated as required by Table 302.6. Openings in garage walls shall comply with section R302.5. Attachment of gypsum board shall comply with Table R702.3.5. The wall separation provisions of Table 302.6 shall not apply to garage walls that are perpendicular to the adjacent dwelling unit wall. (Ord. 1246)
Table R302.6 Dwelling-Garage Separation (Ord. 1246)
| Separation | Material |
| From the Residence and Attics | Not less than 1/2-inch 5/8 INCH gypsum board or equivalent applied to the garage side |
| From Habitable Rooms above the Garage | Not less than 5/8-inch type X gypsum board or equivalent |
| Stucture(s) supporting floor/ceiling assemblies used for separation required by this section | Not less than 1/2-inch gypsum board or equivalent |
| Garages located less than 3 feet from a dwelling unit on the same lot | Not less than 1/2-inch gypsum board or equivalent applied to the interior side of exterior walls that are within this area |
| From all Habitable Spaces Adjacent to the Garage | Not less than 5/8-inch type X gypsum board or equivalent |
| For SI: 1 Inch = 25.4MM, 1 Foot = 304.8MM. |
Amend Section R303 as follows:
Section R303. LIGHT, VENTILATION, AND HEATING AND COOLING
R303.10 Required heating and cooling. Every dwelling unit shall be provided with heating and cooling facilities capable of maintaining room temperatures between 70°F (21°C) and 90°F (50°C) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in all habitable rooms. The installation of one or more portable space heaters or portable space coolers shall not be used to achieve compliance with this section.
SECTION R309.5 Fire Sprinklers. DELETE this section in its entirety.
Amend R310, “Emergency Escape and Rescue Openings” as follows:
R310.4 Bars, grilles, covers and screens. Bars, grilles, covers, screens or similar devices are permitted to be placed over emergency escape and rescue openings, bulkhead enclosures, or window wells that serve such openings, provided that the minimum net clear opening size complies with Sections R310.1.1 to R310.2.3, and such devices shall be releasable or removable from the inside without the use of a key, tool, special knowledge or force greater than that required for normal operation of the escape and rescue opening. The dwelling shall be equipped with smoke alarms installed in accordance with Section R314.
SECTION R313 AUTOMATIC FIRE SPRINKLER SYSTEMS. DELETE this section in its entirety.
Amend SECTION R322 FLOOD RESISTANT CONSTRUCTION to read as follows:
SECTION R322 FLOOD-RESISTANT CONSTRUCTION. Buildings and structures constructed in whole or in part in flood hazard areas, and substantial improvement and restoration of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the Town of Wickenburg Code and Maricopa or Yavapai County Flood Control District regulations, as applicable.
Amend SECTION R326 SWIMMING POOLS, SPAS AND HOT TUBS to read as follows:
SECTION R326 SWIMMING POOLS, SPAS, AND HOT TUBS
R326.1 General. The provisions of this appendix shall control the design and construction of swimming pools, spas and hot tubs installed in or on the lot of a one- and two-family dwelling.
R326.2 DEFINITIONS General. For the purposes of these requirements, the terms used shall be defined as follows and as set forth in Chapter 2.
ABOVE-GROUND/ON-GROUND POOL." See "Swimming pool".
BARRIER. A fence, wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
HOT TUB. See "Swimming pool".
IN-GROUND POOL. See "Swimming pool".
RESIDENTIAL. That which is situated on the premises of a detached one- or two-family dwelling or a one-family townhouse not more than three stories in height.
SPA, NONPORTABLE. See "Swimming pool".
SPA, PORTABLE. A nonpermanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product.
SWIMMING POOL. Any structure intended for swimming or recreational bathing that contains water over 18 inches (457 mm) deep at any point, and, other than hot tubs and spas is wider than 8 feet (2400 mm) at any point. This includes in-ground, above ground and on-ground swimming pools and, other than the width, hot tubs and spas.
SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure.
SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool.
R326.3 SWIMMING POOLS
R326.3.1 In ground pools. In-ground pools shall be designed and constructed in conformance with ANSI/NSPl-5 as listed in Section AG107.
R326.3.2 Above ground and on-ground pools. Aboveground and on-ground pools shall be designed and constructed in conformance with ANSI/NSPl-4 as listed in Section AG107.
R326.4 SPAS AND HOT TUBS
R326.4.1 Permanently installed spas and hot tubs. Permanently installed spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPl-3 as listed in Section AG107.
R326.4.2 Portable spas and hot tubs. Portable spas and hot tubs shall be designed and constructed in conformance with ANSI/NSPl-6.
SECTION R326.5 BARRIER REQUIREMENTS: Delete in its entirety and add: “See Section 14-21-10 of the Town of Wickenburg Town Code.”
R326.5.3 Indoor swimming pool. All walls surrounding an indoor swimming pool shall comply with Section 326.5.2, Item 12.
R326.6 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
R326.7 Barrier exceptions.
1. For portable spas and hot tubs with a safety cover which complies with ASTM F 1346, as listed in Section R326, shall be exempt from the provisions of R326.5.2.
2. For spas and hot tubs, a hard safety cover which is latched or locked may be used provided the spa or hot tubs not more than 8 feet (2.44 m) in width at any point.
Chapter 4, “Foundations,” is hereby amended as follows:
Amend SECTION R401.1 FOUNDATIONS to read as follows:
R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for all buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas shall be in accordance with Maricopa or Yavapai County Flood Control District regulations, as applicable. Wood foundations shall be designed and installed in accordance with AWC PWF.
R401.4.1 Geotechnical evaluation. In lieu of a complete geotechnical evaluation the load-bearing values in Table R401.4.1 shall be assumed. A complete geotechnical evaluation is required for presumptive load- bearing values greater than 1500 pounds per square foot (72kPA).
Amend Section R403.1.1 Minimum size to read as follows:
R403.1.1 Minimum size. The minimum width, W, and thickness, T, for concrete footings shall be in accordance with Tables R403.1(1) through R403.1(3) and Figure R403.1(1 or R403.1.3, as applicable. The footing width shall be based on the load-baring value of the soil in accordance with Table R401.4.1. Footing projections, P, shall be not less than 2 inches (51 mm) and shall not exceed the thickness of the footing. Footing thickness and projection for fireplaces shall be in accordance with Section R1001.2. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1. Footings for wood foundations shall be in accordance with the details set forth in Section R403.2, and Figures R403.1(2) and R403.1(3).
Exception: For enclosure of existing carport and patio covers, non-bearing wood framed exterior walls within the projection of the existing roof may be supported on an existing, uncracked concrete slab. The minimum slab thickness shall be 3.5 inches and the construction shall comply with the requirements of R317 for protection against decay.
Chapter 5, “Floors,” is hereby amended as follows:
Amend Section R502.3.1 to read as follows:
R502.3.1 Sleeping areas and attic joists. Table R502.3.1(2) shall be used to determine the maximum allowable span of floor joists that support sleeping areas and attics that are accessed by means of a fixed stairway in accordance with Section R311.7 provided that the design live load does not exceed 30 40 pounds per square foot (1.92 k Pa) and the design dead load does not exceed 20 pounds per square foot (0.96 kPa). The allowable span of ceiling joists that support attics used for limited storage or no storage shall be determined in accordance with Section R802.5.
Chapter 11, “Energy Efficiency,” is hereby amended as follows:
Add new Section N1101.15 RESNET Testing & Inspection Protocol to read as follows:
N1101.15 RESNET Testing & Inspection Protocol. The residential Energy Services Network (RESNET) Mortgage Industry National Home Energy Rating System Standards Protocol for third party testing and inspections, shall be deemed to meet the requirements of sections N1102.4.1.1, N1102.4.1.2 and N1103.3.2, and shall meet the following conditions:
1. Third Party Testing and Inspections shall be completed by RESNET certified Raters or Rating Field Inspectors and shall be subject to RESNET Quality Assurance Field Review procedures.
2. Sampling in accordance with Chapter 6 of the RESNET Standards shall be performed by Raters or Rating Field Inspectors working under a RESNET Accredited Sampling Provider.
3. Third Party Testing is required for the following items:
a. N1102.4.1.1 – Building Envelope – Thermal and Air Barrier Checklist
b. N1102.4.1.2 – Testing – Air Leakage Rate.
c. N1103.3.2 – Sealing – Duct Tightness.
4. The other requirements identified as “mandatory” in Chapter 11 shall be met.
5. Alternate testing and inspection programs and protocols shall be allowed when approved by the Code Official.
Amend N1103.3.1 (R403.3.1) as follows:
N1103.3.1 (R403.3.1) Insulation (Prescriptive). Supply and return ducts in attics shall be insulated to a minimum of R-8 where 3 inches (76.2 mm) in diameter and greater and R-6 where less than 3 inches (76.2 mm) in diameter. Supply and return ducts in other portions of the building shall be insulated to a minimum of R-6 where 3 inches (76.2 mm) in diameter or greater and R-4.2 where less than 3 inches (76.2 mm) in diameter.
Exceptions:
1. Ducts or portions thereof located completely inside the building thermal envelope.
2. Supply and return ducts may be insulated to a minimum of R-6 when one or more of the following conditions are met:
2.1 Minimum SEER rating of space heating/cooling system is increased to 15.
2.2 Maximum U-factor is decreased to 0.35 and maximum SHGC is decreased to 0.22 for all fenestration products.
2.3 Wall cavity insulation minimum R-value is increased to R-19.
2.4 Residential buildings that meet the requirements of sections R102.1.1 or R405.
2.5 Residential buildings with attic radiant barriers in accordance with ASTM C1313, installed in accordance with ASTM C1743.
Amend N1106.4 (R406.4) “ERI-based compliance” to read as follows:
TABLE N1106.4 (R406.4)
MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE
| ENERGY RATING INDEX |
| 2 | 59' 57' |
¹ Energy generated from on-site renewable energy shall not be included in the calculation of the Energy Rating
Index value.
a. Where on-site renewable energy is included for compliance using the ERI analysis of Section N1106.4, the building shall meet the mandatory requirements of Section N1106.2, and the building thermal envelope shall be greater than or equal to the levels of efficiency and SHGC in Table N1102.1.2 or Table N1102.1.4.
Chapter 13, “General Mechanical System Requirements”, is hereby amended as follows:
Add a new section M1307.7 Liquefied Petroleum Appliances to read as follows:
M1307.7 Liquefied Petroleum Appliances. LPG appliances shall not be installed in an attic, pit or other location that would cause a ponding or retention of gas.
Chapter 24, “Fuel Gas”, is hereby amended to read as follows:
Add a new paragraph to G2406.2 Prohibited locations, by adding exception number 7, to read as follows:
7. Liquefied Petroleum Appliances. LPG appliances shall not be installed in an attic, pit or other location that would cause a ponding or retention of gas.
Amend Section G2415.12 by replacing the first paragraph with the following:
G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade for metal piping and 18 inches (457mm) for plastic piping.
Amend Section G2415.12 by deleting subparagraph G2415.12.1 in its entirety.
Chapter 39, “Power and Lighting Distribution”, is hereby amended to read as follows:
E3901.9 Basements, garages and accessory buildings. Not less than one receptacle outlet, in addition to any provided for specific equipment, shall be installed in each separate unfinished portion of a basement; in each vehicle bay at not less than (18) inches (457 mm) and not more than 5.5 feet (1676 mm) above the floor in attached garages; in each vehicle bay at not less than (18) inches (457 mm) and not more than 5.5 feet (1676 mm) above the floor in detached garages that are provided with electric power and in accessory buildings that are provided with electric power. [210.52(G)(1), (2), and (3)]
Add a new section E3902.14.1 “Indoor damp locations” to read as follows:
E3902.14.1 Indoor damp locations. 125-volt, single-phase, 15 and 20 ampere receptacles installed in indoor damp locations shall have ground-fault circuit-interrupter protection for personnel.
Amend Section E3908.8. “Types of equipment grounding conductors” Item 4 to read as follows:
4. Electrical metallic tubing with an additional equipment grounding conductor sized in accordance with Table E3908.12.
3. THE INTERNATIONAL MECHANICAL CODE, 2018 EDITION, IS AMENDED AS FOLLOWS (DELETIONS IN STRIKETHROUGH; ADDITIONS IN UNDERLINE): (Ord. 1231/2-23)
Section 101.1 Title is AMENDED to read as follows:
Section 101.1 Title. These regulations shall be known as the Mechanical Code of the Town of Wickenburg, hereinafter referred to as "this code."
Section 106.4.4 is DELETED in its entirety and REPLACED with the following:
Section 106.4.4 Extensions. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application had been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one extension of time for a period not to exceed 180 days. The extension shall be requested in writing and justifiable cause demonstrated.
Section 106.5.2 Fee schedule. Is DELETED in its entirety and REPLACED with the following:
Section 106.5.2 Fee schedule. All fees shall be in accordance with the Town of Wickenburg fee schedule as adopted by Town Council.
CHAPTER 3 GENERAL REGULATIONS
SECTION 303 EQUIPMENT AND APPLIANCE LOCATION
Section 303.3 Prohibited locations. Is AMENDED by ADDING a new item number to the subsection as follows:
6. Any room operating under negative pressure unless the appliances are listed for that environment and are not natural draft vented.
Section 303.7 Pit locations. Is AMENDED by ADDING new subsection:
Section 303.7.1 Liquid petroleum gas (LPG) appliances. Liquid petroleum gas (LPG) gas-fired appliances shall not be installed in an attic, crawl space or pit.
SECTION 304 INSTALLATION
Section 304.3 Elevation of ignition sources. Is AMENDED by ADDING new Exception 2 which reads as follows:
Exception 2: Clothes dryers installed in private garages.
SECTION 306 ACCESS AND SERVICE SPACE
Section 306.5 Equipment and appliances on roofs or elevated structures. Is AMENDED by ADDING new item 11 to read as follows:
11. When access is through a roof hatch or access door, the minimum clear access opening dimension shall not be less than 22 inches by 30 inches (559MM by 762 MM).
SECTION 307 CONDENSATE DISPOSAL
Section 307.2.1 Condensate disposal. Is REVISED by ADDING the following to the end of the paragraph:
Approved locations for the termination of condensate disposal drains are as follows:
1. Into a fixture tailpiece with correct plumbing fitting, waste air gap or laundry tray with secondary drain.
2. Above finished grade outside of the building in an area that will absorb the condensate flow without ponding that could cause damage to building components.
3. Over roof drains that connect to drainage pipes provided they terminate at or above grade in an area capable of absorbing the condensate flow without surface drainage.
SECTION 309 TEMPERATURE CONTROL
309.1 Heating and cooling systems. Is AMENDED to READ as follows:
Habitable spaces shall be provided with active or passive space-heating and space cooling systems capable of maintaining temperatures between 70°F (21°C) and 90°F (32°C) at a point 3 feet (914 mm) above the floor. The installation of portable space heaters or coolers shall not be used to achieve compliance with this section.
Exceptions:
1. Space heating and cooling systems are not required for Interior spaces where the primary purpose is not associated with human comfort.
2. Group F, H, S, and U occupancies.
CHAPTER 4 VENTILATION
SECTION 401 GENERAL
Section 401.4 Intake opening location. Is REVISED by ADDING a new exception to read as follows:
Exception: Replacement of existing evaporative coolers where it is determined by the Building Official that the replacement does not constitute a hazard.
SECTION 403 MECHANICAL VENTILATION
Section 403.3.1.5 Balancing. Is REVISED by DELETING the second sentence of this section and replacing it with the following:
Ventilation systems shall be balanced by individuals holding current certification from the Associated Air Balance Council (AABC), the National Environmental Balancing Bureau (NEBB) or other approved agencies.
CHAPTER 5 EXHAUST SYSTEMS
SECTION 502 REQUIRED SYSTEMS
Section 502.1 General. Is AMENDED by ADDING new Section 502.21 “Storage and Use of carbon dioxide (CO2)” to read as follows:
Section 502.21 Storage and use of liquid carbon dioxide (CO2) systems.
Indoor or outdoor areas that contain liquid carbon dioxide (CO2) stored in ASME pressure vessels in new and existing facilities shall be provided with mechanical exhaust ventilation in accordance with this section.
Exception: Outdoor storage areas in non-enclosed spaces designed to prevent the collection of vapors when approved by the Fire Marshal.
502.21.1 System requirements. Exhaust ventilation systems for liquid carbon dioxide CO2 tanks shall comply with all of the following:
1. The installation shall be in accordance with this code and the Town of Wickenburg Fire Code.
2. Mechanical ventilation shall be provided at a rate of not less than 1 cfm per square foot [0.00508 m3/(s • m2)] of floor area over the storage area.
3. The system shall operate continuously unless alternate designs are approved by the Fire Marshal.
4. A manual start control shall be provided outside of the room in a position adjacent to the access door to the room or in another approved location. The switch shall be a break-glass or other approved type and shall be labeled: VENTILATION SYSTEM EMERGENCY ON-ONLY.
5. Exhaust ventilation shall be designed to consider the density of the potential vapors released. For liquid CO2 systems, exhaust shall be taken from a point within 12 inches (305 mm) of the floor.
6. Makeup air shall be provided. The location of both the exhaust and makeup air openings shall be designed to provide air movement across all portions of the floor or room to prevent the accumulation of vapors.
7. Exhaust air shall not be recirculated to occupied areas. Exhaust termination shall be located where it will not allow for a dangerous accumulation of vapors and in accordance with Section 501.3.1 (2).
8. Sensors, controls, alarms, piping, and all accessory components shall be as prescribed by the Town of Wickenburg Fire Department.
SECTION 504 CLOTHES DRYER EXHAUST
Section 504.3 Cleanout. Is REVISED by ADDING the following to the end of the sentence:
The flexible connection between a single dryer exhaust vent and riser shall be considered as an acceptable cleanout for the purposes of this section.
CHAPTER 6 DUCT SYSTEMS
SECTION 602 PLENUMS
Section 602.2 Construction. Is REVISED by ADDING the following after the first sentence of the paragraph:
Plenum enclosures constructed of combustible materials shall be subject to the following requirements.
1. Sprinklers shall be installed within the plenum space in accordance with the International Fire Code and amendments.
2. Area smoke detectors shall be installed within the plenum space as per their listing.
3. Duct smoke detectors shall be installed in the return air system of all air moving equipment serving the plenum.
4. The area smoke detectors and duct smoke detectors shall shut down all air moving equipment serving the plenum whenever any detector detects smoke.
5. In occupancies not required to be equipped with a fire alarm system, actuation of any smoke detector shall activate a visible and audible signal in a location approved by the Building Official.
SECTION 606 SMOKE DETECTION SYSTEMS CONTROL
Section 606.2.1 Return air systems. Is AMENDED to read as follows:
606.2.1 Air distribution systems. Smoke detectors shall be installed in air distribution systems downstream of the filters and ahead of any branch connections in systems having a design capacity greater than 2,000 cfm (0.9m3/s).
Exception: Smoke detectors are not required where all portions of the building served by the air distribution system are protected by area smoke detectors connected to a fire alarm system in accordance with the International Fire Code. The area smoke detection system shall comply with Section 606.4.
CHAPTER 10 BOILERS, WATER HEATERS AND PRESSURE VESSELS
SECTION 1001 GENERAL
Section 1001.1 Scope. Is REVISED by DELETING Exception 7 in its entirety and REPLACING with the following:
Any boiler or lined water heater in excess of 200,000 BTU/H shall be subject to federal and state inspections. See Arizona Boiler Rules for Regulations, Title 20, Chapter 5.
SECTION 1004 BOILERS
Section 1004.1 Standards. Is REVISED by DELETING all text after the second sentence and INSERTING the following:
Boilers shall be designed and constructed in accordance with ASME Boiler and Pressure Vessel Code, and the Arizona Boiler Rules, Title 20 Chapter 5.
4. THE INTERNATIONAL FIRE CODE, 2018 EDITION, IS AMENDED AS FOLLOWS (DELETIONS IN STRIKETHROUGH; ADDITIONS IN UNDERLINE): (Ord. 1231/2-23)
The following sections of the International Fire Code, 2018 edition, are hereby amended:
SECTION 101 SCOPE AND GENERAL REQUIREMENTS is AMENDED as follows:
Section 101.1 Title. These regulations shall be known as the Fire Code of the Town of Wickenburg, hereinafter referred to as “this code.”
SECTION 102 APPLICABILITY is AMENDED to read as follows:
Section 102.3 A change in occupancy. A change of occupancy shall not be made unless the occupancy is made to comply with the requirements of this code and the International Existing Building Code. All changes in occupancy shall be coordinated with the Town of Wickenburg Fire Department.
New subsection ADDED to read as follows:
105.4.2.2 Electronic Construction Documents. Construction documents shall be provided in an approved electronic file format upon request by the fire code official.
New subsection ADDED to read as follows:
105.7.26 Fire Fighter Air Replenishment System (FARS). A construction permit is required for installation of or modification to a Fire Fighter Air Replenishment System (FARS). Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
SECTION 109 BOARD OF APPEALS is AMENDED to read as follows:
109.1 “Board of Appeals” is hereby amended by deleting the section in its entirety and replacing it with:
“Appeals shall be conducted pursuant to Section 8-1-3 of the Town Code.”
SECTION 110 VIOLATIONS is AMENDED to read as follows:
110.4 “Violation penalties” is hereby amended by deleting the section in its entirety and replacing it with: “Violations are handled in accordance with Section 8-1-9 of the Town Code and subject to the penalties in Section 1-8 of Town Code, including being charged with a class one misdemeanor, and upon conviction thereof punishment by a fine not to exceed Two Thousand Five Hundred Dollars ($2,500) or by imprisonment for a period not to exceed six (6) months, or both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein described.”
ADD new subsection to read as follows:
110.4.2 Abatement cost recovery. The cost of abatement shall be assessed against the property owner pursuant to the provisions of Wickenburg Town Code and state law.
AMEND section to read as follows:
112.4 Failure to comply. Any person who shall continue to work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable of a fine as established by the Town Council of the Town of Wickenburg, or a court of law, if a citation is issued.
SECTION 202 DEFINITIONS is AMENDED to read as follows:
FIRE CODE OFFICIAL. AMEND to read as follows:
The fire chief or fire marshal and their designees charged with the administration and enforcement of the code.
ADD new section to read as follows:
MODIFIED 13D and 13R SPRINKLER SYSTEM. The provisions and requirements of NFPA 13D, 13R and the IFC shall apply as appropriate to include fire sprinkler coverage in bathrooms, closets, garages, attached carports, attached covered patios, entry porches and attics.
AMEND section to read as follows:
308.1.4 Open Flame Cooking Devices. Charcoal burners, chimineas, barbecues fixed, or portable, and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.
Exceptions:
1. One- and two- family dwellings.
2. DELETED in its entirety.
3. DELETED in its entirety.
AMEND section to read as follows:
308.1.6.3 Sky lanterns. The lighting and release of Sky Lanterns shall be prohibited.
311.2.2 Fire protection. Amend by DELETING the Exceptions: in their entirety.
403.12.3 Crowd managers. DELETED in its entirety.
ADD new subsection to read as follows:
503.1.4 Storage Yards. Approved fire access shall be provided where required by the Fire Code Official for all new and existing outdoor storage areas. This includes, but is not limited to, storage piles throughout automotive yards, junkyards, and processing and recycling facilities.
ADD new subsection to read as follows:
Electric Gates. An approved key switch and pre-emption sensor shall be required on all new electric gates installed across a fire apparatus access road. The key switch and pre-emption sensor shall be installed in a location as approved by the fire code official.
Exception:
1. A pre-emption sensor is optional for a one- and two-family dwelling.
ADD new subsection to read as follows:
503.6.2 Manual Security Gates. An approved dual padlock locking system shall be required on all manual gates installed across a fire apparatus access road. An approved Fire Department pad lock shall be installed on one side and the owner/operator pad lock on the other side.
ADD new subsection to read as follows:
507.2.3 Water Supply. Sprinkler water supply shall be a separate connection to a looped public water supply and shall not serve domestic water service supply lines or fire hydrants.
Exception: Detached one- and two-family dwellings and townhouses including their accessory structures.
ADD new subsection to read as follows:
507.2.4 Operation of valves. Operation of sprinkler control valves, fire hydrants or street control valves shall be allowed only by properly authorized personnel and shall be accompanied by notification of duly designated parties. When the sprinkler protection, hydrant water is being regularly turned off and on to facilitate connection of newly completed segments, the sprinkler control valves, fire hydrants and street control valves shall be checked at the end of each work period to ascertain that protection is in service, this is the responsibility of the fire prevention program superintendent and recorded and maintained on daily logs until such time the project is completed. Fire department personnel may request access to logs at any time to verify valve control. Failure to control or record valves status will constitute a fire code violation for failure to obey orders and notices as required by this code.
AMEND section to read as follows:
507.3 Fire flow. Appendix B shall be used to determine fire flow requirements for buildings or portions of buildings and facilities. Open storage areas or yards are subject to approval of the fire code official.
AMEND section to read as follows:
510.1 Emergency responder radio coverage in new buildings. New buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. All buildings and structures with the following characteristics shall comply with Section 510:
1. Buildings or structures more than 3 stories above ground level;
2. Buildings or structures totaling 45,000 square feet (13 716 m²) or more on any single floor;
3. Buildings or structures that include a basement or other subterranean space totaling 250 square feet (76.2 m²) or more; or
4. Buildings or structures where fire code official has determined to have been constructed in a manner or with materials likely to limit the ability of emergency response personnel to effectively use radio communication while within that building or structure.
Exceptions:
1. Where approved by the building official and the fire code official, a wired communication system in accordance with Section 907.2.13.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.
2. Where it is determined by the fire code official that the radio coverage system is not needed.
3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.
4. Groups R-3, R-4, R-5, and U occupancies.
5. Buildings and structures utilizing only wood framing.
6. Buildings and structures less than thirty-five (35) feet (10 668 mm) above ground level and do not utilize any metal framing or metal roofing.
AMEND section to read as follows:
510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be sufficient to provide not less than a minimum signal strength of -95 dBm in 95% of the area on each floor when transmitting to and from a Public Safety Radio System. Applicable to the technology for either analog or digital signals.
ADD new subsection to read as follows:
510.4.1.1 1 Minimum Delivered Audio Quality (DAQ). A minimum DAQ of 3.4 for signal strength and intelligibility when utilizing the Public Safety Radio System. For public safety, the accepted objective is to provide DAQ 3.4 over the service area. DAQ 3.4 is defined as “speech understandable with repetition only rarely required, and with some noise and/or distortion” and represents a Bit Error Rate (BER) of 2%.
ADD new subsection to read as follows:
901.2.2 Plan certification for all other fire protection systems. Plan certification for all other fire protection systems shall be accompanied by a certification of compliance when required.
ADD new subsection to read as follows:
901.2.3 Minimum Design Requirements. Where an automatic sprinkler system is required in a building of undetermined use, the system design criteria shall meet the maximum use of the occupancy. Use is considered undetermined or speculative if the quantity and combustibility of contents, expected rates of heat release, total potential for energy release, height of stockpiles and the presence of flammable and combustible liquids are not available at the time of plan submission.
ADD new subsection to read as follows:
901.2.4 Water supply hydraulic calculations. Data for hydraulic calculations shall be based on 90 percent of the available water supply as determined by flow test information taken within the previous 120 days.
AMEND section to read as follows:
Section 901.4.6 Pump and Riser Room Size. At the time of construction, a dedicated interior fire pump and automatic sprinkler system riser room shall be provided with adequate space for all equipment necessary for the installation, as defined by the manufacturer, with sufficient working space around the stationary equipment. Clearances around equipment to elements of permanent construction, including other installed equipment and appliances, shall be sufficient to allow inspection, service, repair, or replacement without removing such elements of permanent construction or disabling the function of a required fire-resistance-rated assembly. Fire pump and automatic sprinkler riser rooms shall have a minimum dimension of 5 feet (1524mm) by 5 feet (1524mm). Access shall be provided through direct exterior access side hinged door(s) with a minimum 32 inch (813mm) clear width and a minimum height of 80 inches (2031mm).
Exception:
1. One- and two-family dwellings, townhouses, and Groups R-2, R-3 and R-4 with 13D and 13R as approved by the fire code official.
2. Accessory buildings and structures to one and two family dwellings, R-3 and R-4 occupancies located on the same property and as approved by the fire code official.
ADD new subsection to read as follows:
901.6.4 Certification. The building owner shall be responsible for assuring that each fire protection system is always maintained in an operable condition. Companies and service personnel providing or conducting inspections, testing, repair, maintenance or installation of fire protection systems and equipment shall possess an appropriate and valid license and/or certificate issued by the Arizona Registrar of Contractors for the type of system and work performed and approved by the fire code official.
Exception: Detached one-and two-family dwellings and townhouses.
AMEND by ADDING Exception to section, to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exception: One-and two-family dwellings and their associated detached accessory structures constructed under the provisions of the International Residential Code.
AMEND by ADDING two (2) new sections to read as follows:
903.13 Additions to Existing Buildings and Structure. All additions to existing buildings or structures and all buildings or structures that are expanded by an addition(s) shall be provided with an approved automatic fire sprinkler system throughout all levels complying with section 903.2.
Exception: The maximum aggregate fire area of an addition(s) is less than 1,000 square feet or 10% of the floor area of the existing building or structure, whichever is less.
903.14 Change of Occupancy within hazard level 1. An automatic fire sprinkler system shall be installed when a building, regardless of the building area, undergoes a change of occupancy.
ADD new subsection to read as follows:
903.4.4 Sprinkler System Supervision, Alarms and Monitoring R-4. All valves controlling the water supply for automatic sprinkler systems and water flow switches on sprinkler systems installed in R-4 occupancies shall be electronically supervised by a listed fire alarm control unit. Alarm, supervisory and trouble signals shall be automatically transmitted to an approved supervising station. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system.
ADD new subsection to read as follows:
907.1.3.1 Fire Alarm Control Panel Location. The fire alarm control panel shall be installed in the automatic sprinkler system riser room or a system controlling fire alarm annunciation panel shall be installed in the automatic sprinkler system riser room. When an annunciation panel is present in the automatic sprinkler system riser room, a map indicating the location of the main fire alarm control panel shall be present.
ADD new subsection to read as follows:
907.2.10.8 Group R-3 Childcare – Special Systems. A childcare facility that provides care for 6 to 10 children of any age for less than 24 hours when the rooms where such children are cared for are located on the level of exit discharge and each of these childcare rooms has an exit door directly to the exterior, shall be classified as Group R-3. At least one smoke detector shall be located within this childcare area and provided with third party monitoring.
AMEND section to read as follows:
3903.2 Prohibited occupancies. Extraction processes utilizing flammable gases or flammable cryogenic fluids shall not be located in any building containing a Group A, E, I or R occupancy including accessory structures to R occupancies.
Add new subsection to read as follows:
5003.1.1.1 Residential use and storage. The maximum allowable quantities shall not exceed one half of the allowable quantities of all tables listed in 5003.1.1 or 15 gallons of liquid or 150 pounds of solids, whichever is less.
AMEND Exceptions to read as follows:
5601.1 Scope.
Exceptions:
AMEND item 9 to read as follows:
9. Items preempted by federal or state laws or regulations.
ADD item 10 to read as follows:
10. The possession, manufacture, storage, handling, sale, and use of fireworks in accordance with other Town ordinances.
AMEND 5601.1.3 Fireworks, Exceptions, to read as follows:
5601.1.3 Fireworks.
Exceptions:
Item 4 is AMENDED in its entirety to read as follows:
4. The possession, storage, sale, handling and use of specific types of division 1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR parts 1500 and 1507, DOTN 49 CFR parts 100-185, and Arizona Revised Statutes (A.R.S.) section 36-1601, et seq., as applicable for consumer fireworks. The use and sale of permissible consumer fireworks as defined under A.R.S. section 36-1601, et seq.
5. THE INTERNATIONAL PLUMBING CODE, 2018 EDITION, IS AMENDED AS FOLLOWS (DELETIONS IN STRIKETHROUGH; ADDITIONS IN UNDERLINE): (Ord. 1231/2-23)
SECTION 101 GENERAL
Section 101.1 Title. Is AMENDED by inserting the words “Town of Wickenburg” as the name of jurisdiction.
SECTION 305 PROTECTION OF PIPES AND PLUMBING SYSTEM COMPONENTS
Section 305.4.1 Sewer depth. Is AMENDED by INSERTING “12 inches (305 mm)”.
SECTION 312 TESTS AND INSPECTIONS
Section 312.1 “Required tests” is REVISED to read as follows:
The permit holder or person doing the work shall make the applicable tests prescribed in Sections 312.2 through 312.10 to determine compliance with the provisions of this code. The permit holder or person doing the work shall give reasonable advance notice to the Building Official when the work is ready for inspection. The equipment, material, power and labor necessary for the inspection and test shall be furnished by the permit holder or person doing the work and shall be responsible for determining that the work will withstand the test pressure prescribed in the test. All plumbing system piping shall be tested with either available water pressure or by air.
SECTION 403 MINIMUM PLUMBING FACILITIES
Section 403.2 Separate Facilities. Is AMENDED to READ as follows:
Where plumbing fixtures are required, separate facilities shall be provided for each sex.
Exceptions:
1. Separate facilities shall not be required for dwelling units and sleeping units.
2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer.
3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.
4. Separate facilities shall not be required in business occupancies in which the maximum occupant load is 50 or fewer.
SECTION 410 DRINKING FOUNTAINS
Section 410.2 Small Occupancies. Is AMENDED as follows:
Drinking fountains shall not be required for an occupant load of 50 or fewer.
SECTION 603 WATER SERVICE
Section 603.1 Size of water service pipe. REVISE by ADDING the following sentence to the end of the section:
Replacement water service pipe size shall not be smaller than the pipe being replaced unless water service calculations are provided for sizing the new water line.
SECTION 1202 MEDICAL GASES
Section 1202, Medical Gases. is AMENDED by ADDING one additional subsection to read as follows:
1202.1.1 Level 3 dental facilities. Vacuum piping installed under an on-grade floor shall be installed in compliance with recommendations and drawings prepared by a registered design professional with the otherwise applicable provisions of NFPA 99 most recent published edition. All drawings and specifications shall be sufficiently comprehensive as to provide prescriptive installation criteria. Special inspection in accordance with IBC Section 1704.1 shall be provided.
6. THE INTERNATIONAL EXISTING BUILDING CODE, 2018 EDITION, IS AMENDED AS FOLLOWS (DELETIONS IN STRIKETHROUGH; ADDITIONS IN UNDERLINE): (Ord. 1231/2-23)
SECTION 101 GENERAL
Section 101.1 “Title: is AMENDED to read as follows:
These provisions shall be known as the Existing Building Code, as amended by the Town of Wickenburg, herein after referred to as “this code.”
Section 305.8 Scoping for alterations.
305.8.10 Toilet rooms. Is AMENDED to READ as follows:
Where it is technically infeasible to alter existing toilet and bathing rooms to be accessible, an accessible family or assisted-use toilet or bathing room constructed in accordance with Section 1109.2 of the International Building Code is permitted. The family or assisted-use toilet or bathing room shall be located on the same floor and in the same area as the existing toilet or bathing rooms. These directional signs shall include the International Symbol of Accessibility and sign characters shall meet the visual character requirements in accordance with ICC A117.1. In existing construction, one of two or more fixtures (water closets and/or urinals) may be removed to create space for one accessible stall in each existing toilet room. This may result in the reduction of one required water closet which shall be permitted when this reduction is needed to create a conforming accessible toilet stall. Any alteration under this section shall not reduce other accessibility requirements including, but not limited to required clear floor spaces and maneuvering spaces.
SECTION 1201 GENERAL
Section 12 “GENERAL” is AMENDED by ADDING new section to read as follows:
Section 1201.6 Energy Efficiency. Alterations and additions to an historic building shall be exempt from the provisions of the International Energy Conservation Code.
SECTION 1202 REPAIRS
Section 1202.4 Repair and replacement. Is AMENDED to read as follows:
Repair and replacement of existing or missing features using original materials shall be permitted. Partial replacement for repairs that match the original in configuration, height, and size shall be permitted. Glazing is subject to the requirements of Section 1203.8. Replacement glazing in hazardous locations shall comply with the safety glazing requirements of Chapter 24 of the International Building Code.
Exception: Glass block walls, louvered windows, and jalousies repaired with like materials.
SECTION 1203 FIRE SAFETY
Section 1203.3 “Means of egress and emergency escape and rescue” is AMENDED to read as follows:
Existing window and door openings and corridor and stairway widths less than those specified elsewhere in this code may be approved, provided that, in the opinion of the code official, there is sufficient width and height for a person to pass through the opening or traverse the means of egress. When approved by the code official, the front or main exit doors need not swing in the direction of the path of exit travel, provided that other approved means of egress having sufficient capacity to serve the total occupant load are provided.
SECTION 1204 CHANGE OF OCCUPANCY
1204.6 “Means of egress and emergency escape and rescue” is AMENDED to read as follows:
Existing window and door openings and corridor and stairway widths less than those that would be acceptable for non-historic buildings under these provisions shall be approved, provided that, in the opinion of the code official, there is sufficient width and height for a person to pass through the opening or traverse the exit and that the capacity of the exit system is adequate for the occupant load, or where the other operational controls to limit occupancy are approved by the code official.
7. THE NATIONAL ELECTRIC CODE, 2017 EDITION, IS AMENDED AS FOLLOWS (DELETIONS IN STRIKETHROUGH; ADDITIONS IN UNDERLINE): (Ord. 1231/2-23)
Section 90.2 Scope. Is AMENDED by ADDING new item (5) to subsection (A) Covered, which shall read as follows:
(5) The engineer or architect of record acting as the prime professional for the project shall employ one or more approved special inspectors for the following types of work:
Electrical special inspection:
1. Ground-fault protection performance tests for equipment provided with ground-fault protection.
2. Switchboards, panelboards, motor control center, and all other equipment rated 1,000 amps or more, or over 600 volts (over-potential test known as hi-pot testing.)
3. Emergency and standby power systems including: switchboards, panelboards, distribution boards, transfer equipment, power source, conductors, fire pumps, exhaust, and ventilation fans.
4. Other special inspections as required by the Building Official.
CHAPTER 2 WIRING AND PROTECTION
ARTICLE 210 BRANCH CIRCUITS
Section 210.5 Identification for Branch Circuits. Is AMENDED by ADDING new subsection (D) to read as follows:
(D) Color code. Where branch circuits requiring a neutral are installed in raceways, the colors of branch circuits connected to the same system shall conform to the following established color code.
VOLTS
| PHASE
| SYSTEM
| PHASE A
| PHASE B
| PHASE C
| NEUTRAL
|
| 120/208 | 3 | WYE | BLACK | RED | BLUE | WHITE |
| 277/480 | 3 | WYE | BROWN | ORANGE | YELLOW | GRAY |
| 120/240 | 3 | DELTA | BLACK | ORANGE | BLUE or RED | WHITE |
Exception 1: The above color coding is required in residential occupancies that have a 120/240-3 phase delta system. The high leg shall meet all requirements of NEC 110.15, 230.56, 408.3(C) and 408.3(f).
Exception 3: Conductors of listed cable assemblies shall be permitted to be permanently re-identified at the time of installation by distinctive markings at each outlet or termination where the conductor is visible and accessible; such as, six-inch taping or other effective means.
Exception 4: Additions to existing structures, where an acceptable color coding system exists, the existing color may be continued.
Exception 5: Switch legs and/or travelers may be identified by purple or pink.
ARTICLE 225 OUTSIDE BRANCH CIRCUITS AND FEEDER
Section 225.32 Location. Is AMENDED by ADDING the following exception:
Exception No. 5: For freestanding canopies, carports, towers, and similar structures, an individual disconnecting means shall be permitted to be located elsewhere on the premises. The disconnecting means shall be located within sight of the structure or shall be capable of being locked in the open position.
ARTICLE 230 SERVICES
Section 230.2 Number of Services. Is AMENDED by ADDING the following sentence and exception to the end of the first paragraph:
No electrical service on one parcel shall supply power to another separate and distinct parcel unless they are legally combined and under the same ownership.
Exception: Dwellings shall be allowed to supply other accessory structures on the same property.
ARTICLE 250 GROUNDING AND BONDING
Section 250.8 (B) Methods Not Permitted. Is AMENDED by ADDING sentence to the end of the paragraph as to read as follows:
Sheet metal screws shall not be used to connect grounding conductor clamps or connection devices to enclosures.
CHAPTER 3 WIRING METHODS AND MATERIALS
ARTICLE 300 GENERAL REQUIREMENTS FOR WIRING METHODS AND MATERIALS
Section 300.4(D) Cables and Raceways Parallel to Framing Members and Furring Strips., Exception 1 is REVISED to read as follows:
Exception 1: Steel nail plates, sleeves, or equivalent shall not be required to protect rigid metal conduit, intermediate metal conduit, or electric metallic tubing. Rigid nonmetallic conduit (electrical PVC) conduit will require protection.
CHAPTER 4 EQUIPMENT FOR GENERAL USE
ARTICLE 406 RECEPTACLES, CORD CONNECTORS, AND ATTACHMENT PLUGS
Section 406.4 General Installation Requirements. Is AMENDED by ADDING new item (G) Prohibited Locations, to read as follows:
No receptacle shall be installed in a readily accessible location directly behind or above a sink, range, counter-mounted cooking unit, grill, deep fryer or any such appliance where cords or receptacles could be subject to physical damage.
8. THE INTERNATIONAL FUEL GAS CODE, 2018 EDITION, IS AMENDED AS FOLLOWS (DELETIONS IN STRIKETHROUGH; ADDITIONS IN UNDERLINE): (Ord. 1231/2-23)
SECTION 101 GENERAL
Section 101.1 “Title” is AMENDED by inserting the words “Town of Wickenburg” in the name of jurisdiction.
SECTION 303 APPLIANCE LOCATION
Section 303.7 Pit locations. Is AMENDED by ADDING the following text to the end of the section:
Liquid petroleum gas (LPG) appliances shall not be installed in a pit.
SECTION 306 ACCESS AND SERVICE SPACE
306.5 Equipment and appliances on roofs of elevated structures. Is AMENDED by ADDING new item 11 to read as follows:
11. When access is through a roof hatch or access door, the minimum clear access opening dimension shall not be less than 22 inches by 30 inches (559 MM by 762 MM.)
SECTION 307 CONDENSATE DISPOSAL
Section 307.3 Drainpipe materials and sizes. REVISE the last sentence to read as follows:
Where the drainpipes for more than one unit are manifolded together for condensate drainage, the pipe or tubing shall be sized in accordance with TABLE 307.2.2 of the International Mechanical Code.
SECTION 404 PIPING SYSTEM INSTALLATION
Section 404.9 Above-ground outdoor piping. Is AMENDED by INSERTING the following sentence after the first sentence of this section to read as follows:
Piping less than 3 1/2 inches (152MM) above finish grade shall have a machine applied protective coating in accordance with Section 404.11.2.
Section 404.12 Minimum burial depth. Is AMENDED by DELETING “except as provided for in Section 404.12.1.”
Section 404.12.1 Individual outside appliances. Is DELETED in its entirety.
SECTION 503 VENTING OF APPLIANCES
Section 503.6.5 Gas vent termination. Is AMENDED by REVISING item 1 as follows:
1. Gas vents that are 12 inches (305MM) or less in size and located not less than 4 feet (1219MM) from a vertical wall or similar obstructions shall terminate above the roof in accordance with Figure 503.6.5.
SECTION 631 BOILERS
Section 631 Boilers. Is AMENDED by DELETING the text of the entire section and REPLACING it with the following:
Boilers shall be installed in accordance with ARIZONA ADMINISTRATIVE CODE, ARIZONA BOILER RULES, TITLE 20, CHAPTER 5.
SECTION 632 EQUIPMENT INSTALLED IN EXISTING UNLISTED BOILERS
Section 632 Equipment installed in existing unlisted boilers. Is AMENDED by DELETING the text of the entire section and REPLACING it with the following:
Boilers shall be installed in accordance with ARIZONA ADMINISTRATIVE CODE, ARIZONA BOILER RULES, TITLE 20, CHAPTER 5.
(Ord. 1231/2-23)
(Ord. 1244/12-25)
HISTORY
Amended by Ord. 1231 on 2/21/2023
Amended by Ord. 1244 on 12/1/2025
Amended by Ord. 1246 on 1/20/2026
- The standards for curb ramps specified in A.R.S § 9-499.02 shall be observed in the construction of new curbs and replacement curbs in the same manner and to the same extent as provided in the above referenced State Statute.
- The provisions of Title 34, Chapter 4, Article 1, Arizona Revised Statutes, are hereby incorporated in the Town Building Code in the same manner and to the same extent as required by the above referenced Statute.
Section 8-3-1 DefinitionsSection 8-3-2 Street Improvements RequiredSection 8-3-3 Construction In Public Rights-Of-Way; Location And Relocation Of Facilities In Public Rights-Of-WaySection 8-3-4 Street Improvements Constructed Prior To Development; Assessment PolicySection 8-3-5 Assessment ProcedureSection 8-3-6 Manner Of Collecting Unpaid AssessmentsSection 8-3-7 ExemptionsSection 8-3-8 FeesSection 8-3-9 Dedication And Acceptance Of Private RoadsIn this Article, unless the context otherwise requires:
- "Cost" means the actual cost of:
- Construction of the public street improvements as determined by the construction contract price.
- Inspection and permit fees.
- Engineering fees required for the preparation of plans and specifications.
- Other incidental fees required to complete the improvements.
- "Development" means the construction of residential, commercial or industrial buildings or structures or major additions or alterations to existing residential, commercial or industrial buildings or structures, not including subdivisions, and includes new buildings or structures on property having existing buildings or structures situated on such property. When such property is zoned for agricultural use or single-family residential use at the time of assessment, development shall also require a change of use or purpose. Nothing herein shall be construed to affect, eliminate or modify the requirements of the Town's Subdivision Code, which shall in all cases remain in effect.
- "Major Addition or Alteration" means any addition or alteration to an existing building hereafter made where the value of such addition or alteration, as determined by the Building Official for the purpose of establishing the applicable permit fee due under the Town Code, is twenty-five percent (25%) or more of the value of the building before such addition or alteration is started.
- "Owner" means the individual, corporation, partnership, trust or other legal entity that owns property adjacent to the street right-of-way.
- "Right-of-Way" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved or dedicated to the general public for street, highway, alley, public utility, pedestrian walkway, bikeway or drainage purposes.
- "Street Improvements" include, but are not limited to, asphaltic concrete surfacing, aggregate base, Portland cement concrete, curb and gutters, sidewalks, valley gutters, storm drainage facilities and irrigation tilling.
- "Street" means the full width of the right-of-way of any road, street, highway, alley, land or pedestrian walkway whether or not said road, street, highway, alley, land or pedestrian walkway has been improved or accepted for maintenance by the Town.
- At the time of development of property within the Town, the proprietor or owner of the property shall dedicate rights-of-way and easements and construct street improvements within and adjacent to such property in accordance with Town requirements. Dedications and street improvements shall not be considered complete until the Town Council, upon recommendation of the Town Engineer and Public Works Director accepts such dedications and improvements into the Town’s Street System. If accepted, the Town Clerk shall then record such dedications and improvements in the Maricopa County Recorder’s Office. (Ord. 1028/02-09)
- If the Council determines that street improvements within or adjacent to the property are necessary before the development of the property, the Council may order street improvements to be constructed by the Town as provided in Section 8-3-4 of this Article.
- If, in the opinion of the Town Engineer, the installation of street improvements would not be feasible from an engineering standpoint at the time of development, the installation of such improvements may be temporarily deferred provided a cash bond, irrevocable letter of credit or similar instrument as approved by the Town Attorney is deposited with the Town for the cost of such improvements. Estimated costs of the street improvement shall be established by the owner/developer's engineer and reviewed and approved by the Town Engineer.
- Notwithstanding the provisions of Subsections A and B of this Section, an owner may apply to the Council for partial or total waiver of the requirements set forth in Subsections A and B of this Section. Upon such application, the Town Council may waive a part or all of the street improvements and/or the posting of bonds or furnishing of security, if the Council reasonably determines that all or a portion of the improvements normally required under this Section will be constructed by the Town or some other owner, developer or subdivider within a reasonable time in the future.
- This Section shall not apply to subdivisions, which in all cases shall be governed by the Town’s Subdivision Code.
HISTORY
Amended by Ord. 1028 on 2/2/2009
- Permit Required; Contents of Application. It shall be unlawful for any permittee person or entity to construct, reconstruct, repair, alter, or grade on, upon, below, above or within the public rights-of-way without first obtaining a permit from the Public Works Department as provided in this Section and complying with the Zoning and Subdivision Codes of the Town. An applicant for a permit shall file a complete application with the Town that includes:
- Name, address and license number of the party doing the work.
- Location of the work area.
- Plans attached to the application showing details of the proposed construction. Such plans shall be prepared and sealed by an engineer registered and licensed in the State, unless the permittee demonstrates to the satisfaction of the Town that the work does not warrant imposing this requirement.
- A traffic control plan in accordance with Subsection b.
- Estimated cost of alteration.
- For wireless facilities, all information required in the Standards Terms and Conditions for Wireless Communications Facilities in the Right-of-Way. (Ord. 1189/11-18)
- For wired facilities, all information required in subsection G of this section. (Ord. 1220/8-21)
- Such other information as the town finds reasonably necessary to determine compliance with Town Codes.
- Traffic Control.
- Traffic Control Plans. A permittee shall submit a traffic control plan application to the Town at least two (2) business days prior to the proposed start date of construction activities. The traffic control plan application must include a traffic control plan. The traffic control plan must be designed and submitted by a certified member of the American Traffic Safety Services Association (ATSSA).
- Traffic Control Manual. The Town designates the Phoenix Barricade manual (1998 edition) as a public record and hereby adopts the Phoenix Barricade manual (1998 edition) three copies of which are on file in the Town Clerk’s office as the Town’s Official Traffic Control manual for Construction Work Zones with the following changes:
- Arrow boards are required for all lane closures on arterial streets.
- Lane closures on arterial streets are not permitted between 5:30 a.m. and 8:30 a.m. or between 3:30 p.m. and 7:00 p.m. unless previously approved by the Traffic Engineer or Public Works Director.
- A permittee shall hire a uniformed off-duty police officer to be present when construction activities take place within three hundred (300) feet of a signalized intersection or if required by the engineer. Permittee’s must arrange for a police officer five (5) calendar days in advance of planned construction activities.
- Fees. Plan checking fees and inspection fees as established by the Council by resolution shall be paid prior to issuance of a permit. Such fees shall be reasonably related to costs directly incurred in providing services relating to the administration of the permits.
- Location and Relocation of Facilities in Public Rights-Of-Way.
- General. If the work to be performed in a public right-of-way involves the installation, construction, erection, replacement or relocation of any facilities, a permit must be obtained from the Building Department/Public Works Department. Such permit shall be issued on such conditions as are reasonable and necessary to ensure compliance with the terms and conditions of Town Codes. The application shall include all information required in Subsection B. Each permittee is responsible for ensuring that its facilities are installed, constructed and maintained in strict accordance with Town Codes; that all required licenses, franchises and other permits are applied for and obtained before any work commences; and that the terms and conditions thereof are strictly followed. In addition, if the facility is a wireless facility, it shall comply with the requirements of Subsection E, including the Requirement to obtain a master license prior to issuance of a permit. (Ord.1189) Where a facility is used by more than one permittee, each permittee is fully responsible for ensuring that all requirements are satisfied.
- Joint Use of Trenches. In order to minimize degradation of streets, traffic impacts and other interference with the use of public rights-of-way, work shall be coordinated so that to the greatest extent possible, consistent with economic feasibility, joint trenching is utilized. The Public Works Department shall adopt rules to facilitate joint trenching in the public rights-or-way.
- Traffic Safety. The facilities to be constructed, installed, operated, and maintained by the permittee shall be so located or relocated as to interfere as little as possible with traffic or other authorized uses over, under, or through the public rights-of-way. Those phases of construction relating to traffic control, backfilling, compaction, and paving, as well as the location or relocation of said facilities shall be subject to regulation by the Town Council.
- Records. The permittee shall keep accurate records of the location of all facilities in the public rights-of-way and furnish them to the town upon request or at such periodic intervals as the Town may require. In order for the Town to regulate users in the public rights-of-way, upon completion of new or relocation construction of underground facilities in the public rights-of-way, the permittee shall provide the Town with the location of the underground and above ground facilities in a format compatible with the current Town mapping format.
- Restoration. Whenever the permittee shall cause any opening or alteration to be made for any purpose in any public rights-of-way, the work shall be completed within a reasonable time, and the permittee shall, without expense to the Town and upon completion of such work, restore the property disturbed in a manner consistent with the Town’s adopted standards, or as required by its permit, license, or franchise which may incorporate special standards when required for Town purposes. Landscaping, whether in the public rights-of-way or on private property, which is damaged by a permittee shall be restored to its condition as it existed prior to the work. A permittee shall exercise special care when working near established trees or shrubs. If established trees or shrubs die within six (6) months of completion of work by a permittee, it is presumed that the permittee caused such damage if the work performed was in the location of the roots of such tree or shrub.
- Town’s Facilities. The installation, use and maintenance of the permittee’s facilities within the public rights-of-way authorized herein shall be in such a manner as not to interfere with placement, construction, use, and maintenance of public rights-or-way, street lighting, water pipes, drains, sewers, traffic signal systems, or other utility systems that have been, or may be, installed, maintained, used or authorized by the town. Upon the Town’s request, the permittee’s facilities will be relocated at permittee’s expense (unless state law expressly requires otherwise). Upon the Town’s request, by a time specified by the Town, if the permittee fails to move its facilities, the Town may do so and will bill the permittee the costs of relocation and the permittee shall pay those costs within thirty (30) days after its receipt of the invoice. Further, the permittee shall reimburse the Town any additional cost the Town incurs due to the delay in location or relocation of the permittee’s facilities, including all design and construction costs.
- Interference. The permittee shall not install, maintain, or use any of its facilities in such a manner as to damage or interfere with facilities of another located within the public rights-of-way.
- Location and Maintenance of Above-ground Facilities. The Town shall approve the location of aboveground facilities, such as boxes, cabinets and similar equipment or appurtenances. The permit shall set forth the location of such aboveground facilities. If the Public Works Director determines that a proposed location would impair traffic visibility or visibility of existing signage or would substantially harm existing landscaping, or that similar conditions exist which would justify a denial of a permit in that location, the permit shall be denied. Aboveground facilities shall be maintained in good condition. If the Town finds any of permittee’s above-ground facilities are not maintained in good condition, permittee shall correct such condition within three (3) business days of receiving notice from the Town.
- Undergrounding of New Utilities. No new poles and wires shall be erected in the Town above the surface of the ground unless a permit is first secured from the Public Works Department, except that the following construction may be installed without such a permit:
- Temporary service facilities, such as facilities to furnish emergency service during an outage, facilities to provide service to construction sites, or other service of a limited duration, such as to a fair, carnival, outdoor exhibit or other function where the facilities will be installed for a temporary period only;
- Pad-mounted transformers or pull boxes, service terminals, pedestal-type telephone terminals, telephone splice closures, or similar on-the-ground facilities normally used with and as part of an underground electric distribution, telephone, data, telegraph or television system, or on-the-ground facilities attached to existing overhead facilities which are used for the purpose of connecting an underground system with the existing facilities;
- Transmission lines, together with related switch yards, substations and related equipment.
- Plans. All facilities shall be installed per plans prepared by a registered professional engineer. The Town shall approve all plans before the work commences. A permittee may install facilities on existing utility poles or in existing conduit where permission is granted by owner of the utility pole or conduit, and such permission is verified by the Town except where those same poles are scheduled to be replaced with buried facilities. The Town may require the permittee to prove that it has such permission from the owner to use the owner’s facilities. No new poles, or longer poles, will be permitted in the public rights-of-way for any new facilities. If permittee installs facilities on existing poles as provided herein, the permittee shall bury its facilities if such poles are removed and not replaced in kind for any reason. If the permittee makes use of existing conduit of another person, the permittee shall be subject to the provisions of this Section in the use of such conduit in the public rights-of way. As used herein, a pole installed to replace a damaged pole shall not be considered to be a new pole.
- Insurance, Bonding. Each permittee must obtain and maintain such insurance, bonding, and security fund requirements as specified by the Town, or if no specific requirements are specified, as are required by the Town for similar facilities. No work shall commence unless these requirements have been satisfied, and the Town may require the permittee to remove or stop work on facilities or require a permittee to cease using the facility, when any insurance, bonding and security fund requirements are not satisfied.
- Repairs. A permit shall be obtained from the Public Works Department prior to a person removing, relocating, or reconstructing, if necessary, any portion of a person’s facilities. Notwithstanding the foregoing, the Town understands and acknowledges there may instances when a person is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. The permittee will notify the Town prior to such repairs, if practicable, and will obtain the necessary permits in a reasonable time after notification.
- Conflict with Town Projects.
- Identification of Conflict. If, during the design process of public improvements, the Town discovers a potential conflict with proposed construction, the permittee shall either:
- Locate and, if necessary, expose its facilities in conflict; or
- Use the one-call notification center (“blue stake”) to locate or expose its facilities. The permittee shall reimburse the Town for the cost resulting from the use of such location service. The Town shall make reasonable efforts to design and construct projects pursuant to this Section so as to avoid relocation expense to the permittee. Permittee shall furnish the location information in a timely manner, but in no case longer than ten (10) calendar days from the Town’s request.
- Priority Right. The Town reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, re-grade, widen, realign, or maintain any public rights-of-way, Aerial, surface, or subsurface improvements, including, but not limited to, traffic control conduits, storm sewers, subways, tunnels, bridges, viaducts, or any other public construction within the public rights-of-way.
- Relocation. When the Town invokes its prior superior right to the public rights-of-way, the permittee shall move its facilities located in the public rights-of-way, at its own cost, to such a location as the Town directs.
- Procedures. If, during the course of the project, the Town determines permittee’s facilities are in conflict, the following shall apply.
- Prior to the Town notice to proceed to contractor: the permittee shall, within a reasonable time, but in no event exceeding one (1) month, remove or relocate the conflicting facility. This time prior shall begin running upon receipt by the permittee of written notice from the Town. However, if both the Town and permittee agree, the time frame may be extended based on the requirements of the project.
- Subsequent to Town notice to proceed to contractor: The Town and the permittee will immediately begin the coordination necessary to remove or relocate the facility. Actual construction of such removal or relocation is to begin no later than seventy-two (72) hours, if practicable, after written notification from the Town to proceed.
- Damage to Town Rights-of-Way and Facilities.
- If, in the installation, use, or maintenance of its facilities, the permittee damages or disturbs the surface or subsurface of any public rights-of-way or adjoining public property, or the public improvement located thereon, therein, or thereunder, the permittee shall promptly, at its own expense, and in a manner acceptable to the Town, restore the surface or subsurface of the public rights-of-way or public property, or repair or replace the public improvement thereon, therein, or thereunder, in as good a condition as before such damage or disturbance. If such restoration, repair or replacement of the surface, subsurface, or any structure located thereon, therein, or thereunder is not completed within a reasonable time, or such repair or replacement does not meet Town standards, the Town shall have the right to perform the necessary restoration, repair, or replacement, either through its own forces, or through a hired contractor, and the occupant agrees to reimburse the town for its expense in so doing within thirty (30) days after receipt of the invoice therefore.
- The permittee shall reimburse the town for all reasonable costs arising from the reduction in the service life of any public road or pavement damage, if required by any other Town ordinances or resolutions, resulting from pavement cuts of permittee. Permittee agrees to pay such costs within thirty (30) days from the date of issuance of an invoice from Town. (Ord. 1140/6-14)
- Relocation of Facilities.
- General. The Town shall not bear any cost of relocation of existing facilities, irrespective of the function served, where the Town facilities or other facilities occupying the public rights-of-way under authority of a Town permit, license, or franchise which must be relocated, are already located in the public rights-of-way and the conflict between the permittee’s potential facilities and existing facilities can only be resolved expeditiously as determined by the town by the movement of the existing Town or other approved facilities.
- Delay. If permittee’s failure to keep or provide accurate records to Town or if permittee’s relocation effort so delays construction of a public project causing the Town to be liable for damages, the permittee shall reimburse the Town for those damages attributable to the delay created by the permittee.
- Town Costs. Except as otherwise provided in a license, franchise, or permit, or by other provision of law, the entire cost of relocation shall be borne by the Town if the permittee is required by the Town to relocate facilities which are located in private easements obtained by the permittee prior to the dedication of the public rights-of-way from which facilities must be relocated. These prior rights of the permittee would also be unaffected by any subsequent relocation. “prior rights” as used in this Subsection means private easement or other legally sufficient rights obtained by the permittee prior to the dedication of the public rights-of-way from which the facilities are requested by the Town to be relocated.
- Rights Reserved to Town. Without limiting the rights that the Town might otherwise have, the Town hereby expressly reserves the following rights, powers and authorities:
- To exercise its governmental powers now or hereafter to the full extent that such posers may be vested in or granted to the Town.
- To determine any question of fact relating to the meaning, terms, obligations, or other aspects of this section and the instruments issued under this section.
- To grant multiple, non-exclusive licenses, franchises, or permits within the Town to other persons.
- Town Police Power; Continuing Jurisdiction.
- Police Power. The permittee shall at all times be subject to all lawful exercise of the Police power by the Town, including any and all ordinances, rules or regulations which the Town has adopted or may adopt, and all laws, rules, regulations, order, and policies of the State and the United States Government. Any conflict between the provisions of this Section and other provisions of the Town Code, the stricter requirement shall apply.
- Continuing Jurisdiction. The Town shall have continuing jurisdiction and supervision over any facilities located within or on public rights-of-way. However, it is recognized that the daily administrative, supervisory, and enforcement responsibilities of the provisions of this Article and any license or franchise shall be delegated and entrusted to the Town Manager or Director of Public Works to interpret, administer, and enforce the provisions of this Section, and to promulgate standards regarding the construction, reconstruction, relocation, maintenance, dismantling, abandonment, or use of the facilities within the public rights-of-way.
- Violation. From and after the effective date of this ordinance, it shall be unlawful for any person to occupy the public rights-of-way unless the person is in compliance with the provisions of this Section and any other applicable ordinance, license, franchise or requirement.
- Wireless Facilities in the Right-of-Way. (Ordinance 1189/11-18)
- This paragraph applies to the use of the public rights-of-way by wireless providers as that term is defined in A.R.S. Section 9-591. It applies to telecommunications corporations as that term is defined in A.R.S. Section 9-581, only if and to the extent a telecommunications corporation has or intends to locate wireless facilities in the public rights-of-way and is a wireless provider.
- Those certain documents, three copies of which are on file with the Town Clerk entitled, “Wireless Facilities in the Right-Of-Way Standard Terms and Conditions” and “Design Standards, Concepts and Requirements Wireless Facilities in the Right-of-Way” are hereby declared to be public records and are adopted by reference to regulate work on, below and above a right-of-way that involves wireless communications facilities. In addition to other requirements in this Section 8-3-3, an applicant requesting to locate a wireless communications facility in the right-of-way shall comply with the requirements set forth in the Wireless Facilities in the Right-of-Way Standard Terms and Conditions and Design Standards, Concepts and Requirements Wireless Facilities in the Right-of-Way.
- Microcell Equipment in the Right-of-Way. (Ordinance 1189/11-18)
- Applicability. Notwithstanding any provisions of this section to the contrary, the provisions of this paragraph F shall apply to the installation, operation and maintenance of microcell equipment mounted on strands in the Town by telecommunications corporations and cable operators. A person that has all applicable authorizations required to provide commercial mobile radio service using microcell equipment may use microcell equipment to provide commercial mobile radio service.
- Applications. Applications for the installation, operation and maintenance of microcell equipment on strands within the Town shall comply with the requirements of this section.
- Fees. The Council shall establish fees for microcell equipment mounted on strands by resolution.
- Limitations. At each site where microcell equipment is installed, such installation is limited to:
- Not more than two strand-mounted antennas and radio pairs that are owned by a person described in paragraph 1 of this section.
- Related devices owned by the applicant that are mounted on a strand between the microcell poles on which the strands are mounted, including power supplies, housings, cables and similar supporting furnishings and improvements.
- Definitions. As used in this subsection:
- "Microcell Equipment" means devices that are connected to aerial facilities that are used solely for transmitting, processing and receiving voice and data wireless telecommunications services. Microcell equipment does not include any ground-based equipment.
- "Microcell Pole" means a pole or similar structure and attached appurtenances, including strands, that is designed for telecommunications, cable, data or electric functions.
- Telecommunications Service – Wired Facilities in the Public Highway. (Ord. 1220/8-21)
- Definitions. In this Paragraph G, unless the context otherwise requires:
“Commercial Mobile Radio Service” means two-way voice commercial mobile radio service as defined by the Federal Communications Commission in 47 United States Code § 157.
“Environmental Laws” means the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Arizona Hazardous Waste Management Act, A.R.S. §§ 49-901, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq. or the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq. or any other applicable federal, state, county or local law pertaining to hazardous substances, waste or toxic substances and their reporting requirements.
“Facilities” means the plant, equipment, and property used in the provision of telecommunications services and not owned by the town, including but not limited to wires, pipe, conduits, pedestals, antennas, and other appurtenances placed under the public highways and not owned by the town and used in the provision of telecommunication services. The term does not include wireless facilities as that term is defined in A.R.S. § 9-591 or video services as defined in A.R.S. § 9-591.
“Hazardous Substances” means those substances defined as toxic or hazardous substances, pollutants, or wastes by environmental laws and the following substances: gasoline, kerosene, or other petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.
“In-kind Payments” means facilities and/or services provided or to be provided by licensee in lieu of all or a portion of the fees imposed by town for the use of the public highway.
“Interstate Telecommunications Services” means telecommunications services provided between users in Arizona and users outside of Arizona.
“License” means this non-exclusive authorization granted by the town to construct, operate, maintain, reconstruct, repair and remove the facilities of licensee.
“Public Emergency” means any condition which, in the opinion of town officials, poses an immediate threat to the lives or property of the citizens of the town or others caused by any natural or man-made disaster, including but not limited to, storms, floods, fire, accidents, explosions, major water main breaks, hazardous material spills, etc.
“Public Highway” or “Highway” means all roads, streets and alleys and all other dedicated public rights-of-way and public utility easements of the town.
“System Route Map” means the map showing the locations of the facilities in the use areas pursuant to a license, as may be amended by town engineer approval of permits for new use areas.
“Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received, as defined in A.R.S. § 9-581. The term does not include commercial mobile radio services, pay phone services, interstate services, wireless services or video services.
“Telecommunications Corporation” means any public service corporation to the extent that it provides telecommunications services in this state.
“Telecommunications Services” means the offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the facilities used. The telecommunications services of a licensee shall be described in the license approved by the council.
“Use Areas” means the initial locations of the facilities of a licensee as set forth in a license and approved new use areas pursuant to Paragraph 4.b(1) of this subsection G.
“User Contracts” means contracts a licensee enters into with third parties to use the facilities pursuant to a license.
“Video Services” has the same meaning as in A.R.S. § 9-1401.
“Wireless Services” has the same meaning as in A.R.S. § 9-591. - License Required.
- No telecommunications corporation shall install, maintain, construct or operate telecommunications facilities in any public highway in the town unless a license to use the highways to provide telecommunications services has first been granted by the town council under this chapter to such telecommunications corporation; provided, however, that this chapter does not apply to the installation, maintenance, construction and operation of wireless facilities as that term is defined in A.R.S. § 9-591 or a video service network as that term is defined in A.R.S. § 9-1401.
- Notwithstanding Paragraph 2.a above, any telecommunications corporation that was providing telecommunications service within the State of Arizona as of November 1, 1997, pursuant to a grant made to it or its lawful predecessors prior to the effective date of the Arizona constitution, may continue to provide telecommunications services pursuant to that state grant, until and unless the state grant is lawfully repealed, revoked or amended, and need not obtain any further grant from the town to provide telecommunications services; provided, however, that such entity must in all other respects comply with the requirements applicable to the telecommunications corporations as provided in Title 9, Chapter 5, Article 7 of the Arizona Revised Statutes.
- Nothing in this ordinance shall be deemed to affect the terms or conditions of any license or permit issued by the town prior to the effective date of the amendments of this ordinance or to release any party from its obligations thereunder. Those licenses or permits shall remain fully enforceable in accordance with their terms. The town manager, with the consent of the council, may enter into agreements with licensees or permittees to modify or terminate an existing license or agreement.
- A license to any telecommunications corporation to use the highways to install, maintain, construct or operate telecommunications facilities shall not authorize the use of the highways to provide any other service, including video services and wireless services; nor shall the issuance of the same invalidate any license or permit that authorizes the use of the highways for such other services; nor shall the fact that a telecommunications corporation holds a license or permit to make any other use of the highway or to provide any other service, authorize installation, maintenance, construction or operation of telecommunications facilities in any highway in the town, without obtaining a license hereunder.
- Any license granted shall not be exclusive.
- License Application.
- Any telecommunications corporation desiring a license under this chapter to construct, install, operate and maintain telecommunications facilities in public highways of the town shall file an application with the town clerk requesting a license in the form prescribed by the town and shall pay an application fee in an amount established by resolution of the town council. Such amount shall be payable in cash, certified or cashier’s check, wire transfer, or in any other manner acceptable to the town manager, made payable to the town. No application shall be considered without receipt of said fee. The applicant shall be responsible for reimbursing the town’s full reasonable costs in excess of the application fee in processing the application. The application fee is in addition to any permit fees established for persons doing work or locating facilities in the public highway.
- Each application shall be in a form provided by the town, and, at a minimum, (1) show where the initial facilities the applicant will use will be located, or contain such other information as the town may deem necessary in order to ensure that the applicant will comply with requirements for use of the highways; (2) identify the applicant, its name, address and telephone number; (3) contain a description of the services to be provided; and (4) set out a description of any agreement with any other entity that would permit such entity to use the facilities.
- Each applicant shall provide a letter of credit in favor of the town in the amount of $100,000 to be in effect during construction of the initial system build out. The letter of credit shall then be reduced to $50,000 for the remaining term of the license.
- Upon receiving an application for a license that satisfies the conditions of Paragraph 3.b above, the town shall promptly proffer a telecommunications license to the applicant for its review, and may inquire into matters relevant to the issuance of the license. If the applicant agrees to the terms and conditions of the license, the request shall be submitted to the council with a recommendation for approval.
- Conditions of License.
- As a condition of issuing or renewing a license to use the public highways to provide telecommunications services, the town may require:
- Proof that the applicant has received a certificate of public convenience and necessity from the Arizona Corporation Commission;
- The applicant to agree to comply with highway use requirements that the town may establish from time to time;
- The applicant to agree to provide and maintain accurate maps showing the location of all its facilities and the facilities it will use in the highways within the town, and to comply with such other mapping requirements as the town may establish from time to time; applicant shall provide the town with electronic mapping information in a format compatible with the current town electronic mapping;
- The applicant to obtain the insurance, and provide proof of insurance as required by the town; to post the performance bonds and security fund required by the town; and to agree to fully indemnify the town, its officers, agents, boards and commissions, in a form satisfactory to the town; and agree that it shall have no recourse whatsoever against the town or its officials, boards, commissions, agents or employees for any loss, costs, expense or damages arising out of any provision or requirement of the town because of the enforcement of the license or because of defects in this chapter or the license issued;
- The applicant to agree to comply with and be bound by the administrative and enforcement provisions as may be prescribed from time to time by the town.
- Every license shall be subject to the following administrative and enforcement provisions:
- The permission granted by a license is limited to the use areas, which shall be identified in the system route map attached to an approved license. New use areas may be approved upon application for a permit pursuant to Section 8-3-3, Paragraphs A through D for such new use areas. The applications shall include specific information on the location of the new use areas and the proposed facilities. Upon approval by the town engineer, the new use areas shall be depicted on the system route map and shall be subject to all terms and conditions of the license and lawful conditions, if any, imposed by the town.
- A licensee’s facilities shall meet the applicable standard specifications and requirements of the town. Licensee's use of the public highway shall be according to plans approved by the town engineer, provided that such approval shall not be unreasonably withheld or delayed. Facilities shall not be located aboveground unless there is no practical alternative and any such facilities shall be earth-toned colors or screened to the extent reasonably practical. Licensee's installation of facilities shall be coordinated with the town to accommodate opportunities for common installation. Prior to the start of any construction work, licensee shall notify all affected residents or businesses at least forty-eight (48) hours in advance of any street, alley, sidewalk, and driveway closures in order to allow them to make suitable arrangements to have all vehicles moved to a satisfactory location outside the closed area. If an emergency requires activity without such written notice, the licensee shall use reasonable efforts to provide timely actual notice to the owners or other persons having lawful control of the adjoining property. Licensee shall identify a representative, such as a project manager, who shall be the contact person for the town during any construction periods.
- A licensee shall maintain “as-built” drawings of its facilities located within the public highway and furnish a copy electronically in a mapping format compatible with the current town electronic mapping format and in hard copy form. Upon completion of new or relocation construction of underground facilities in the public highway, licensee shall create and maintain precise, up-to-date maps of any of its facilities and any aboveground equipment located in the public highway and precise and verifiable horizontal and vertical location information and will make this information available to the town upon the installation of any new facilities. A licensee will also provide surface-location marking of licensee's facilities that are located underground within any public highway within thirty (30) business days of installation. If complete updates are not provided in a compatible format, licensee shall pay the actual, reasonable costs the town incurs to update the town's electronic mapping format due to the location or relocation of the licensee's facilities. In the event licensee fails to supply records in the town specified format and there is a cost to the town in converting licensee-provided files, licensee will be responsible for the conversion costs and will pay such costs within thirty (30) days of the date of the bill from the town invoicing the amount due.
- The authority granted by a license does not authorize licensee’s use of the facilities for the construction, installation or operation of wireless facilities, a cable television system, a cable system, or a video services system or authorize the licensee to operate as a cable operator or video services provider as those terms are defined in the Communications Act of 1934, state law, or the town code. The authority granted by a license does not authorize the use of the public highway for an open video system as defined in the Communications Act of 1996 or as defined or authorized by the Federal Communications Commission. The authority granted by a license is not in lieu of any other license or franchise the town may require to occupy the public highways to provide service other than as authorized under a license.
- A licensee shall comply with rules and regulations of the Federal Communications Commission and Arizona Corporation Commission that apply to the services that licensee provides over the facilities in the public highway.
- In order for the town to determine a licensee's compliance with the terms of a license, within 30 days of a request for disclosure by the town, the licensee shall provide the documentation requested by town. For purposes of confirming that the licensee is providing solely services authorized under a license, upon reasonable request and notice by the town, the licensee shall make available for joint inspection and testing as requested by the town, the current services being provided by licensee through the facilities authorized by a license. If the licensee determines that in order to respond to the town's request for documentation and inspection that it must reasonably provide proprietary information, the licensee shall so designate such claim to proprietary treatment on documents provided to the town.
- If the facilities of a licensee or any other licensee equipment, improvements or activities within the use areas present any immediate hazard or impediment to the public, to the town, to other improvements or activities within or without the use areas, or to the town's ability to safely and conveniently operate the public highway or perform the town's utility, public safety and other public health, safety and welfare functions, then licensee shall immediately remedy the hazard, comply with the town's requests to secure the use areas, and otherwise cooperate with the town at no expense to town to remove any such hazard or impediment. Licensee's work crews shall report to the use areas within four (4) hours of any request by the town under this paragraph.
- If a licensee abandons use of its facilities, or upon cancellation, revocation or termination of a license, licensee shall notify the town and may, subject to the town’s approval, permanently abandon the facilities in place. In lieu of permanent abandonment, the town may require a licensee to the reasonable satisfaction of the town and, without cost or expense to the town, promptly to remove its facilities and to restore the public highway. If a licensee fails or refused to remove the facilities required by town to be removed, the town may do so and licensee shall pay the cost of such removal and the restoration of the highway. Upon permanent abandonment, if the town does not require removal, a licensee shall submit to the town a proposal and instruments for transferring ownership to the city. Any facilities which are not removed within one hundred twenty (120) days of the town’s written request automatically shall become the property of the town. The Arizona Blue Stake Center must be notified to record abandoned facilities.
- Any and all rights granted to a licensee shall be subject to the prior and continuing right of the town to use the public highway, including the use areas. Any and all rights granted to a licensee shall also be subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims to title which may affect the public highway. A license shall be construed to grant, convey, create or vest a perpetual real property interest in land to a licensee.
- A licensee accepts the risk that there may now or in the future exist in the use areas other work and improvements that the town may approve from time to time. The town shall have full authority to regulate use of the use areas and to resolve competing demands and preferences regarding use of the use areas and to require a licensee to cooperate and participate in implementing such resolutions.
- Neither the town nor any agent, contractor or employee of the town shall be liable to a licensee, its customers or third parties with user contracts for any service disruption or for any other harm caused them or the facilities due to competing uses of the public highway.
- A licensee may enter into user contracts with unrelated third parties in the ordinary course of the licensee’s business for use of portions of the facilities of the licensee. All such third parties shall obtain a license from the town pursuant to A.R. S. § 9-583, Paragraph D. No person shall transmit data over the facilities of the licensee or otherwise use the facilities except under a user contract with a licensee. The licensee shall provide to town (i) the name of the third party, (ii) the name, title, address, telephone number, and email address of a person with authority to speak for the third party, (iii) the route of the proposed service, and (iv) any other information relevant to the use of the public highway by the third party reasonably requested by the town.
- All signage is prohibited except that a licensee shall install and thereafter maintain all signs and markings that the facilities and the licensee’s activities may make necessary for safe use of the use areas by the public, the town, licensee and other persons who may be at the use areas at any time for any reason.
- Licenses shall be personal to the licensee. Except as provided in the license, no transfer of a license or licensee, or change of control over the same (including, but not limited to, transfer by forced or voluntary sale, merger, consolidation, receivership, or any other means) shall occur unless prior application is made to the town and the town’s prior written consent is obtained, which consent will not be unreasonably withheld or delayed. In making a determination as to whether to approve a transfer, the town may consider the same information and qualifications required of an original application for a license; whether the licensee is in compliance with its license and this chapter and, if not, the proposed transferee’s commitment to cure such noncompliance; whether the transfer would result in an evasion of other applicable provisions of law, or impair lawful contracts; and the effect of the transfer on the town’s interest. No application for a transfer of a license shall be granted unless the proposed transferee agrees in writing that it will abide by and accept all terms of the chapter and the license, and that it will assume all obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous licensee under this chapter and the license for all purposes, including renewal. Approval by the town of a transfer of a license does not constitute a waiver or release of any of the rights of the town under this chapter or the license, whether arising before or after the date of the transfer.
- Every licensee shall be subject to the town’s exercise of such police, regulatory and other powers as it now has or may later obtain, and a license may not waive the application of the same.
- Every license shall be subject to revocation if the licensee fails to comply with the material terms and conditions of the license, or applicable law; provided, however, that a license shall not be revoked unless the licensee is given written notice of the defect in performance, and fails to cure the performance within sixty (60) days of the notice, except where the town finds that the defect in performance is due to intentional misconduct, is a violation of criminal law, or is part of a pattern of violations where the licensee has already had notice and opportunity to cure. A hearing shall be held before a license is revoked if the licensee requests a hearing.
- Activities of a licensee and contractors of a licensee in the public highway shall be subject to environmental laws, now or hereafter imposed. A licensee and/or its contractors shall not produce, dispose, transport, treat, use or store any hazardous substances upon or about the public highway. These prohibitions shall not apply to: (i) ordinary gasoline, diesel fuel or other fuels or lubricants necessary for ordinary use in motor vehicles and ordinary construction machinery permitted upon the highway, and any such materials shall be properly and lawfully contained in ordinary quantities in ordinary tanks and receptacles that are permanently installed in such vehicles and machinery, or small portable tanks that are being used for fueling permitted construction machinery, and (ii) electric backup batteries and other materials that may contain hazardous substances that are commonly used in the provision of telecommunications services. Disposal of hazardous substances shall be in accordance with environmental law. A licensee shall promptly notify the town of any hazardous substance at any time discovered or existing upon the highway. Within twenty-four hours after any violation by a licensee or its contractors of this license pertaining to hazardous substances, the licensee shall give the town notice reporting such violation.
- The town shall have the right, because of a public emergency, to sever, disrupt, remove, tear out, dig up or otherwise damage and/or destroy facilities of a licensee without any prior notice to licensee, if the action is deemed necessary by the town manager. In such event, the town shall not be liable to the licensee, its contractors or its customers or their parties for any harm so caused to them or the facilities except due to gross negligence or willful misconduct of town. The town shall inform the licensee of any actions taken. Licensee shall be responsible for repair at its sole expense of any of its facilities damaged pursuant to any such action taken by the town.
- Penalties for Violation of License.
- Damages for Violation of the License Terms. Any remedies available to the town are cumulative, and are not limited by the recovery of any amounts pursuant to the insurance provisions of the license or pursuant to any indemnity clause.
- A requirement that if the licensee fails to pay amounts owed to the town by the time prescribed for payment, the licensee shall pay interest on the amounts owed, at the rate of one percent (1%) per month.
- A requirement that licensee shall produce books and records for the town’s inspection and copying, prepare reports, respond to questions and permit the town to have access to its facilities as the town may request in order to determine whether licensee has complied with its obligations under the license, or other applicable law.
- A licensee that receives a telecommunications service license pursuant to this chapter may apply for a renewal of its license, which renewal shall be reviewed in accordance with the requirements of state law.
- Any license granted by the town pursuant to this chapter shall commence upon adoption of the license and acceptance of the license by the licensee within thirty (30) days of the grant. The license shall be effective for a period of five (5) years, and subject to the conditions and restrictions provided in the instrument and this chapter.
- Compensation.
- The town shall not levy a tax, rent, fee or charge to a telecommunications corporation for the use of a public highway to provide telecommunications services, or levy a tax, fee or charge upon the privilege of engaging in the business of providing telecommunications services, except that, in connection with its provisions of telecommunications services and its use of the highways to provide the same, each telecommunications corporation shall:
- Pay a transaction privilege tax on the business of providing telecommunications services or applicable use tax.
- Pay public highway construction permit fees established from time to time by the town pursuant to Section 8-3-3, Paragraphs A through D.
- Pay all reasonable costs associated with the construction, maintenance and operation of its facilities in the public highways used to provide telecommunications services, including reasonable costs associated with damage caused to the public highways.
- A telecommunications corporation that has placed facilities in public highways that carry interstate traffic between and among the telecommunication corporation’s points of presence exclusive of facilities used by the local network and the portion of the interstate network that carries intrastate calls, shall pay an annual fee based on the number of linear feet of trench in the public highways.
The rate per linear foot shall be set by council resolution and shall not exceed the highest rate per linear foot a political subdivision charged a licensee on or before December 31, 1999. The rate per linear foot shall not be increased in any year by more than the increase in the average Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics. - The licensee may provide in-kind benefits such as facilities or services to the town if agreed to by the town and licensee. The calculation of the in-kind benefits shall be set forth in the license. Any in-kind facilities provided to the town under the license shall remain in possession and ownership of the town after the term of the license expires. The value of in-kind benefits shall be less than or equal to, and may be offset against, payments of interstate linear foot charges or transaction privilege tax on the business of providing telecommunications service owed to the town, but shall not be offset for any combination of intrastate and interstate charges.
- If the licensee disputes the amount of town construction permit fees or other fees payable under this chapter, the matter shall be referred to a dispute resolution board. The board shall consist of three (3) members agreed upon by both parties. Expenses for the board shall be shared equally by the town and the licensee. The board will hear the dispute promptly, and render a decision within twenty (20) days after the hearing. All decisions of the board are non-binding on the town and the licensee; however, the findings of the board shall be admissible in any legal action. The town and the licensee shall accept or reject findings of the board within thirty (30) days after receipt of the findings. If damages are assessed by the board, the licensee shall pay town within thirty (30) days of receipt of an invoice. Late charges of five percent (5%) and interest charges of one and one-half percent (1.5%) per month shall be added for late payment.
- If an application for a license is denied, the town manager will provide the applicant with a written justification for the denial with references to the applicable statutes, ordinances, codes or substantive policy statements on which the denial is based. The notice of denial will explain the applicant’s right to protest the denial to the town council, that the applicant must specify the basis for its protest, including a description for why it believes the town council incorrectly denied the license, and that the protest must be filed within 20 working days of the date of the denial.
(Ord. 1004/6-08) (Ord. 1189/11-18)
HISTORY
Amended by Ord. 1004 on 5/19/2008
Amended by Ord. 1140 on 6/19/2014
Amended by Ord. 1189 on 11/19/2018
Amended by Ord. 1220 on 8/2/2021
When the Council has determined that streets within the Town are necessary before development of the property, the Council may order street improvements to be constructed by the Town at the Town's expense. Such expense shall be assessed against the adjacent property subject to the following:
- The assessment of property, if adjacent arterial streets are involved, shall not exceed the cost of improving more than one-half (1/2) of the width or more than one thousand (1,000) lineal feet of such adjacent arterial street.
- The assessment of property shall not exceed the actual costs incurred by the Town at the time of construction.
The Council, at a public hearing, shall determine the necessity of street improvements if the cost thereof is to be assessed against the adjacent property. Notice of said hearing shall be given to the owners, and other affected persons who would be assessed for the cost of improvements, by regular mail no less than ten (10) days prior to the date of the hearing. Notice of hearing shall contain:
- A description of the proposed street improvement.
- The estimated cost of assessment for each affected parcel.
- The date, time and place that the Council intends to consider the necessity of street improvements and adoption of a resolution of intention. Notice shall also be published in accordance with the provisions of A.R.S. § 39-204 and shall also be conspicuously posted along the line of the proposed improvement at least ten (10) days prior to the hearing on necessity of the improvements.
- The property owners and any other persons directly interested in proposed street improvements or the assessment may, prior to the time fixed for the hearing, file in the office of the Town Clerk, a written objection briefly specifying the grounds for objection.
- At the time of public hearing, the governing body shall hear and pass upon any objections to the proposed improvements, and its decision shall be final and conclusive. It may modify the extent of the proposed improvements and proceed without the necessity for republishing, reposting and re-mailing new notices.
- At the conclusion of the hearings, the Council may pass its resolution of intention directing that plans, specifications and estimates of the cost and expenses of the proposed improvements be prepared by the Town Engineer and filed with the Town Clerk in order that a call for sealed bids be made.
- Upon completion of the improvements, the Council shall by resolution, at a public hearing, determine the cost of the improvements and assess against the properties adjacent to the street improvement, the total amount of the costs and expenses of the work in accordance with Section 8-3-4 of this Article. Notice of this public hearing shall be given to the property owner, and other affected persons who would be assessed for the cost of improvements, by regular mail at least ten (10) days prior to the date of the hearing. This notice shall contain:
- A description of the street Improvement; and
- The amount of the proposed assessment for each affected parcel of property.
- The property owners and any other persons, directly interested in the street improvements or in the assessment, who have any objection to the legality of the assessment or to any of the previous proceedings connected therewith or who claim that the work has not been performed according to the contract, may, prior to the time fixed for the hearing, file in the office of the Town Clerk, a written notice briefly specifying the grounds for objection. At the time fixed for hearing, or at any time thereafter to which the hearing may be postponed, the Council shall hear and rule upon the objections. The decision of the Council shall be final and conclusive as to all errors, informalities and irregularities which the Council might have remedied or avoided at any time during the progress of the proceedings.
- The Council's resolution shall provide that any assessments remaining unpaid shall be paid prior to or at the time of the development of the assessed property.
- A resolution declaring the assessment and describing the properties against which the assessments are imposed shall be recorded in the Office of the County Recorder. When so recorded, the amount so assessed shall be a lien upon the properties assessed for ten (10) years thereafter, or until such assessments are paid, whichever first occurs, and such recordings squall be notice to all persons interested in the contents of the record.
- Any assessment made under this Section shall abate if the property has not been developed within ten (10) years of the assessment.
- When it is necessary to improve a full street and sufficient right-of-way is not available, the Town Engineer may obtain the right-of-way upon terms that are just to the property owner and the Town, including assumption by the Town of all or part of the cost of street improvements.
At the time of development of the property adjacent and abutting such improvements, the Council shall fix, levy and assess the amount to be repaid upon such property and collect the amounts of such improvements as County taxes are collected All Statutes providing for the levy and collection of State and County taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the assessments provided for in this Article.
Street improvements otherwise required by this Article shall not be required as follows:
- The street improvements required in Section 8-3-2 shall not be required where the property is zoned R1-35 (single-family residential), R1-12 (single-family residential) or R1-6 (single-family residential), except that if the property is a subdivision the Town's Subdivision Code shall apply.
- Street improvements shall not be required where the constructions alteration or addition consists solely of installation or replacement of mechanical equipment.
- Street improvements shall not be required where additions or alterations to a building are less than twenty-five percent (25%) of the value of the building before the addition or alteration is started. The first time a value determination is made after March 5, 1984, for the issuance of a permit to add or alter a building, that value from that time henceforth shall be used. Whenever the subtotal of all alterations and additions from that time exceeds twenty-five percent (25%) of the determined value, street improvements shall be required. Each and every addition or alteration shall be added to the other to determine the applicable percentage.
- There shall be a plan review fee of fifty dollars ($50.00) per page for all plans submitted by an owner for street improvements under this Article.
- All street improvements shall be inspected. Owner shall pay the actual costs of all inspections required by the Town. Prior to issuance of a Building Permit, owner shall deposit with the Town an amount of money, as determined by the Building Official, equal to the estimated cost of making the inspections. If the actual cost of making the inspections is less than the amount deposited by owner, the balance shall be returned to owner. If the actual cost of making the inspections is greater than the estimated cost of making the inspections, the owner shall pay to the Town the difference.
This Section sets forth Town requirements for acceptance of private roadways into the Town’s street and road system as follows:
- A written request shall be filed with the Public Works Director identifying the private roadway proposed to be accepted into the Town’s street and road system. The Public Works Director shall review the request and determine whether the private roadway shall be accepted.
- If the Director of Public Works determines that the private roadway should be accepted into the Town’s street and road system, the Town will pay the cost of hiring a surveyor to prepare the legal description for the proposed public right-of-way and the cost of any required title search to establish ownership of said right-of-way.
- All owners of property adjacent to the proposed right-of-way shall dedicate the right-of-way to the Town at no cost to the Town. The right-of-way dedication shall be in fee simple and shall include any utility easements required by the Town.
- Upon completion of Steps 2 and 3 above, the Town will begin road grading to upgrade the condition of the road.
- Any phases of additional roadway improvements including, but not limited to chip seal, double chip seal, or hot mix asphalt surfacing shall be reviewed by the Public Works Director and final determination shall be made by the Wickenburg Common Council.
- Any additional phases of roadway improvements shall require a written agreement between the Town and adjacent property owners who will be responsible for paying the cost of said additional improvements setting forth the terms and conditions of payment for design and construction of the improvements. Design and construction shall not begin until 100% of the estimated cost of design and construction of the roadway is deposited with the Town as determined by the Public Works Director. The deposit for the design and construction of the roadway shall be placed in a special account and used only for such purposes. If the actual cost of design and construction is greater than the estimated cost, the property owners who are parties to the agreement shall pay such additional cost. If the actual costs of design and construction is less than the estimated cost, the Town shall refund the balance of the deposit to the property owners in proportion to the amount they deposited.
- Any and all utility improvements will be considered at a future date; however, the proposed right-of-way shall allow for future utility needs as set forth in paragraph 3.
(Ord. 979/05-07)
HISTORY
Amended by Ord. 979 on 3/19/2007
ARTICLE 9-1 BUSINESS LICENSEARTICLE 9-2 REGULATION OF PAWNBROKERS, SECONDHAND, SCRAP AND JUNK DEALERSARTICLE 9-3 SPECIAL EVENTS PERMITARTICLE 9-4 MOBILE MERCHANTSARTICLE 9-5 SHORT-TERM RENTALS AND VACATION RENTALS
(Revised Ord. 1199/09-19)
HISTORY
Amended by Ord. 1199 on 9/3/2019
Section 9-1-1 License Purpose And RequirementsSection 9-1-2 Application And IssuanceSection 9-1-3 Application ProcedureSection 9-1-4 Standards For IssuanceSection 9-1 5 Term Of LicenseSection 9-1-6 Number Of LicensesSection 9-1-7 License To Be ExhibitedSection 9-1-8 Officer Of Business LicensesSection 9-1-9 Duties And Powers Of License OfficerSection 9-1-10 Transfer Of LicenseSection 9-1-11 Prorating ProhibitedSection 9-1-12 Expiration Of LicenseSection 9-1-13 Business License FeesSection 9-1-14 Denial Or Non-Renewal Of Business License ProcessSection 9-1-15 Revocation Of Business License- The purpose of this Chapter is to provide the Town with records of names, addresses and other data of all persons, corporations, firms and companies conducting business in, or affecting residents or businesses located in the Town; to enable the Town, in conjunction with Maricopa and Yavapai Counties, the State of Arizona and the United States of America, to enforce its various tax laws, accumulate demographic data for use by the Mayor, Common Council and Town staff for use in adopting ordinances, resolutions, motions and other legislation, including rules and regulations; to promote the health, welfare and safety of its residents and other members of the general public by providing information to the Police, Fire and other emergency agencies for use in their efforts to enforce laws, prevent crimes, fires and accidents; and further to allow for a system of cross-references and cross-filing of business entities for use in locating responsible parties in cases of emergencies in order to not only facilitate safety personnel in locating persons to assist in reducing hazardous events and evacuation plans, but also to establish responsibility for assessment of fines and other enforcement action by not only the Town but also the State and Federal officials and agencies. It is not the purpose of this Chapter to endorse or represent to the general public, any business entity, person, firm, corporation or company that such is qualified to furnish materials, retail or wholesale, the quantity or quality thereof of merchandise or services, whether occupational, technical or professional, it being hereby declared that any License issued pursuant to this Chapter in no way is to be interpreted or relied upon as affirming or even suggesting that the Licensee is qualified to perform the services for which the Licensee is authorized, or that the tangible items or material sold or supplied by the Licensee is of merchantable quality or quantity.
- It is unlawful for any person, whether as principal or agent, either for himself or for another person, or for any corporation, or as a member of any firm or co-partnership, to commence, practice, transact or to carry on any trade, calling, profession, occupation or business within the Town limits without first having procured a Business License from the Town to do so and without complying with all regulations of such trade, calling, profession, occupation or business as specified or required by the United States Government or the State of Arizona and its political subdivisions. No License shall be issued without the proof by the applicant of such compliance and verification by the License Officer or designee that no violation of the Town’s zoning regulations will occur by such issuance.
- The practicing or carrying on of any trade, calling, profession, occupation or business by any person, corporation or partnership without first having procured a Business License from the Town to do so, or without complying with any and all regulations of such trade, calling, profession, occupation or business, as required by other law or by this Chapter shall constitute a separate violation of this Chapter for each and every day that such trade, calling, profession, occupation or business is practiced, carried on or conducted within the Town.
- Any where in this Article where it states License Officer or Town Manager it shall be understood that also means the License Officer or his/her designee.
- The only exceptions to the aforementioned Licensing requirements shall be: (Ord. 1148/04-15)
- Nonprofit organizations legally organized and able to provide documentation and agencies of any federal, state or local governments.
- Fundraising projects of nonprofit and bona fide religious organizations, not conducted on a regular basis.
- Newsboys for the sale of newspaper subscriptions.
- Title Companies per Arizona State Statutes.
- Persons, corporations, firms or companies providing services exclusively to the Town of Wickenburg in an amount of less than $5,000 per fiscal year. (Ord. 1198/06-19)
- Street Sales Prohibited. It is unlawful for any person to erect or maintain any booth, stand, groundcover, table, or counter on any sidewalk, street, alleyway or right-of-way in the Town for the purpose of barter, sale or trade; or keep or maintain upon the sidewalk, right-of-way, street or alleyway any movable booth, table, groundcover, counter or stand for the purpose of barter, sale or trade without first obtaining permission from the Town Manager unless authorized through the issuance of a “Special Event Permit” or contract.
HISTORY
Amended by Ord. 1148 on 4/20/2015
Amended by Ord. 1198 on 6/3/2019
- It shall be the duty of the License Officer upon receipt of a properly completed application for a Business License and verification of the data contained thereon including zoning (land use) clearance, to prepare and issue a License under this Chapter for every person, corporation or partnership required to pay a Business License fee hereunder and to state in each License the amount charged for the same, the period of time covered thereby, the name of the person, corporation or partnership for whom issued and the trade, calling, profession, occupation or business permitted and the location or place of business where the trade, calling, profession, occupation or business is to be carried on, transacted or practiced.
- In no case, shall any mistake made by the License Officer in issuing any License or collecting the amount of fee for any License or the amount actually due from any person required to pay for a License as provided herein, prevent, prejudice or stop the Town from collecting the correct amount of fee or charge for any License or the amount actually due from any person required to pay for a License as provided herein, or revoking any License erroneously issued and refunding the fee collected.
- No greater or lesser amount of money shall be charged or received by the Licensing Officer for any License than is provided for in this Chapter, and no License shall be issued for any period of time other than as provided herein.
- All charges for a License required by this Chapter shall be paid in advance and in lawful money of the United States of America at the Office of the License Officer.
All applicants for a Business License required by this Chapter shall file a written, sworn application with the License Officer. Such application shall be signed by the applicant if an individual, or by a partner if a partnership, or by the president if a corporation. The application shall be made on forms available in the Office of the License Officer and include, but may not be limited to, the following information: business trade name, address of business, business physical location and mailing addresses, email address, business owner, home street address, home telephone number, business telephone number, fax number, exact nature of the business, number of employees, date the business will begin in Town, signature of the applicant certifying the statements to be true and correct, title of the applicant and date signed.
- The Arizona Employer Sanctions Law (Laws 2007, Chapter 279) restricts the Town’s authority to issue Business Licenses to those applicants lawfully present in the United States. Unless the applicant is exempt as described in Subsection B., below, the Town may not issue a Business License to an individual unless that individual presents any one of the following documents:
- Arizona Driver’s License issued after 1996 or an Arizona Non-Operating Identification License;
- Driver License issued by any State that verifies lawful presence in the United States;
- Birth certificate or delayed birth certificate issued in any state, territory, or possession of the United States;
- United States certificate of birth abroad;
- United States passport;
- Foreign passport with a United States Visa;
- Form I-95 with a photograph;
- United States Citizenship and Immigration Services Employment Authorization document or Refugee Travel document;
- United States Certificate of Naturalization;
- United States Certificate of Citizenship;
- Tribal Certificate of Indian Blood; or
- Tribal or Bureau of Indian Affairs affidavit of birth.
- If either of the following apply, an individual is exempt from the requirement that he/she present one of the documents listed in Subsection A., above, prior to being issued a Business License:
- Both of the following apply:
- The individual is a citizen of a foreign country or, if at the time of application, the individual resides in a foreign country; and
- The benefits that are related to the License do not require the individual to be present in the United States in order to receive those benefits.
- All of the following apply:
- The individual is a resident of another state.
- The individual holds an equivalent License in that state and the equivalent License is of the same type being sought in this state.
- The individual seeks the Arizona License to comply with this State’s Licensing Laws and not to establish residency in this state.
- If a document listed in Subsection “A” does not contain a photograph of the individual, the individual shall also present a government issued document that contains a photograph of the individual.
- The License Officer shall approve the application within seven (7) days, unless there is evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, or general welfare of the town and its residents. The following will constitute valid reasons for disapproval of an application:
- Fraud, misrepresentation or false statement contained in the application for a Business License.
- Any violation of this Chapter or failure to meet any licensing requirements, including timely payment of fees.
- Conducting a business in violation of any federal, state, county or local law.
- The Licensee is a corporation and is no longer qualified to transact business in the state.
- The applicant cannot provide satisfactory proof that he/she/it is authorized to hold a Business License pursuant to the Employer Sanctions Law (Laws 2007, Chapter 279).
- Transaction Privilege Tax Required. Application fees levied in this Chapter shall be in addition to transaction privilege taxes required by Chapter 9A of this Code. Failure of an applicant or Licensee to comply with Chapter 9A shall be sufficient grounds for denial of a Business License application or revocation of any Business License.
The charge for annual Business Licenses provided herein shall become due and payable on the first business day in January of each year and shall expire on the last day of December each year, except: (A) that any new License charge shall become due and payable and be paid on or before the day of commencing to carry on, transact or practice the trade, calling, profession, occupation or business for which a Business License is required by this Chapter.
- A separate charge for a Business License shall be paid for each branch establishment or separate place of business in which any person, corporation or partnership shall carry on, transact or practice a trade, calling, profession, occupation or business.
- When more than one (1) trade, calling, profession, occupation or business is carried on, transacted or practiced by the same person, corporation or partnership at one (1) fixed place of business, only one (1) Business License shall be required and the charge for such License shall be the highest charge applicable to any of the activities, and all activities shall be listed on the Business License issued. However, there shall be no more than three (3) total trades, callings, professions, occupations and/or businesses at one (1) fixed place of business owned by one owner or corporation.
- When more than one (1) trade, calling, profession, occupation or business shall be carried on, transacted or practiced by the same person, corporation or partnership without any fixed place of business, a separate License shall be required and a separate appropriate charge be paid for each activity for which a License is required by this Chapter.
- Each person, corporation or partnership having a Business License and having a fixed place of business shall keep said License, while in force, at some conspicuous place or location within the place of business.
- Each person, corporation or partnership having a License and no fixed place of business shall carry such License with him at all times, while engaged in any activity for which the License was issued, except that a person acting for any such corporation, firm or company and not being the only person acting for such corporation, firm or company may carry with him a copy of the License which has been issued by the License Officer and plainly marked or stamped "Duplicate."
- Each person, corporation or partnership having a Business License shall produce and exhibit the same whenever requested to do so by any Peace Officer of the Town or by the License Officer.
- The License Officer shall be Officer of Business Licenses for the Town.
- The License Officer, immediately upon the facts coming to his/her knowledge, shall investigate the name of any person, corporation or partnership thought to be carrying on, transacting or practicing any trade, calling, profession or business within the Town without first having obtained a Business License as required by this Chapter.
- The License Officer, each in the discharge and performance of his/her duties, shall have and exercise the following powers:
- To request assistance and/or an investigation for a possible arrest through a Peace Officer of the Wickenburg Police Department for any violation of the provisions of this Chapter.
- To enter, free of charge and at any reasonable time, any place of business for which a Business License is required by this Chapter pursuant to Arizona Revised Statutes §9-833. This Statute includes, in part, the following requirements for inspections:
- A municipal officer of the Town who enters any premises of a regulated person for the purpose of conducting an inspection shall present photo identification on entry of the premises; state the purpose of the inspection and the legal authority for conducting the inspection; afford the regulated person time to obtain an authorized onsite representative to a company the municipal officer on the premises; provide copies of original documents if officer takes any documents from premises; if inspection is tape recorded, all parties shall be advised of same; name and telephone number of municipal contact person available to answer questions regarding the inspection and appeal process shall be provided the regulated person; provide regulated person a copy of inspection report within thirty (30) days of inspection.
- To designate a qualified person to carry out all or a portion of the duties and responsibilities of the License Officer set forth in this Chapter.
- When the charge for any License required hereunder shall remain unpaid for twenty-one (21) days from and after the due date, such charge shall be delinquent, and the License Officer, on the day upon which said charge becomes delinquent, shall add thereto an amount equal to twenty-five percent (25%) of said charge as a penalty, and no receipt or License shall be issued thereafter by the License Officer until the charge and penalty shall be paid in full. If the account remains delinquent for a period exceeding thirty (30) days, the penalty shall be pursuant to Article 1-8 PENALTY of the Wickenburg Town Code.
No Business License issued under the provisions of this Chapter shall be assigned or transferred to any other person, corporation or partnership; Town Business Licenses are non-transferable.
No Business License fee herein provided shall be prorated.
All Business Licenses issued shall be issued for a period no longer than one (1) calendar year. All Licenses issued under this Chapter shall expire at 11:59 p.m. of the last day of the calendar day and/or year during which the Business License was issued.
The town council shall establish the fees for business licenses by resolution. The length of license shall be as follows:
| # | FEE | LENGTH OF LICENSE | TYPE OF BUSINESS TO BE CONDUCTED
|
| A. |
| One Calendar Year
| Any permanent standard business being conducted within the Town limits of Wickenburg with or without a fixed place of business including home occupations
|
| B. |
| One Calendar Year
| Any permanent standard business being conducted within the Town limits of Wickenburg with a fixed place of business that serves and/or sells liquor
|
| C. |
| Per Day | Temporary license for not more than seven (7) consecutive days per month for door-to-door, business-to-business type activity
|
| D. |
| For Up To 4 Consecutive Days
| Temporary “Special Event Permit” for not more than four (4) consecutive days per month for individual vendors with approved Special Event Permit application from Town
|
| E. |
| Ongoing
| Non-Profit Organizations; Newspaper Sales; Title Companies (Per State Statutes)
|
| F. |
| October, November, December – New Year, January, February, March and April
| Seasonal license for any standard business being conducted within the town limits of Wickenburg with or without a fixed place of business including home occupations for not more than seven (7) months. (Ord. 1147/4-15) |
(Ord. 1140/6-14)
HISTORY
Amended by Ord. 1140 on 6/19/2014
- Upon receipt of a Business License application, if the License Officer determines that grounds exist to deny or not renew a Business License, the License Officer shall notify the applicant or Licensee in writing of the intent to deny or not renew the License, including a summary of the grounds for the action. The notification shall be sent by certified mail to the address on file. The applicant or licensee shall have ten (10) business days from receipt of the written notice to petition the License Officer, in writing, including a statement of reasons why the License should not be denied or should be renewed and request a hearing. If a response is not received by the License Officer in the time stated, the denial or non-renewal shall be final and notice of such shall be sent to the applicant or Licensee. If a response is received by the License Officer, the License Officer, within five (5) business days of receipt of the response, shall either withdraw the intent to deny or not renew or shall schedule a hearing before the Town Manager and shall notify the applicant/Licensee in writing by certified mail of either the withdrawal or of the time, place, and date of the hearing. The hearing shall be conducted in an informal manner. The applicant/Licensee may be represented by counsel. The rules of evidence shall not apply. The Town Manager shall issue a written decision within five (5) business days after the completion of the hearing and shall mail a copy of the decision by certified mail to the address of the applicant/Licensee on file. In no event shall more than forty-five (45) calendar days elapse between receipt by the License Officer of a request for hearing and mailing by the Town Manager of the final decision unless the applicant/Licensee consents, in writing, to additional time. In the case of an intent to deny or non-renew a License, the applicant/Licensee may continue to conduct business under the License pending receipt of the final decision of the Town Manager subject to all restrictions set forth in this Chapter and Town Code, State and Federal law. The decision shall be final at the end of five (5) business days after it is postmarked and shall constitute final administrative action.
- A final administrative decision to deny or not renew a Business License may be appealed to the Maricopa County Superior Court by Special Action or other available procedure. The Town shall consent to expedited hearing and disposition.
- A Business License granted under this Chapter may be revoked for any of the following reasons:
- Any fraud or misrepresentation contained in the License application;
- Any fraud, misrepresentation or false statement made in connection with the business being conducted under the License;
- Any violations of this Chapter;
- Conviction of the Licensee of any felony or conviction of the Licensee of any misdemeanor involving dishonest or fraudulent intent (moral turpitude);
- Conducting the business in an unlawful manner or in such a manner as to constitute a menace to the health, safety, morals or general welfare of the public;
- Receipt of an order to revoke a License or Licenses pursuant to the Employer Sanctions Law (Laws 2007, Chapter 279).
- If the License Officer determines that grounds exist for revocation of a Business License, the License Officer shall notify the Licensee in writing of the intent to revoke the License, including a summary of the grounds for the action, notification shall be sent by certified mail to the address on file. in the event a License is revoked, the Licensee shall have ten (10) business days from receipt of the written notice of revocation to petition the License Officer in writing, including a statement of reasons why the License should not be revoked and request a hearing. If a response is not received by the License Officer in the time stated, the revocation shall be final and notice of such shall be sent to the Licensee. Within five (5) business days after receipt of a response, the License Officer shall either withdraw the intent to revoke and so notify the Licensee in writing by certified mail or shall schedule a hearing before the Town Manager and shall notify the Licensee in writing by certified mail of the time, place, and date of the hearing. The hearing shall be conducted in an informal manner. The Licensee may be represented by counsel. The rules of evidence shall not apply. The Town Manager shall issue a written decision within five (5) business days after the completion of the hearing and shall mail a copy of the decision by certified mail to the address of the Licensee on file. In no event shall more than forty-five (45) calendar days elapse between receipt by the License Officer of a request for hearing and mailing by the Town Manager of the final decision unless the Licensee consents to additional time. In the case of a revocation of a License, the Licensee may continue to conduct business under the Licensee pending receipt of the final decision of the Town Manager. The decision shall be final at the end of five (5) business days after it is postmarked and shall constitute final administrative action.
- A final administrative decision to revoke a Business License may be appealed to the Maricopa County Superior Court by Special Action or other available procedure. The Town shall consent to expedited hearing and disposition.
- A revoked License may not be reapplied for until one (1) year from the anniversary date of when the revocation has expired.
Section 9-2-1 DefinitionsSection 9-2-2 Pawnbrokers ReportSection 9-2-3 Secondhand, Junk - Scrap Dealers ReportSection 9-2-4 Reports To Be Clear And LegibleSection 9-2-5 Altering MerchandiseSection 9-2-6 Failure To ComplyIn this Chapter unless the context otherwise requires:
- "Junk and/or Scrap Dealers" means a person having a fixed place of business within the Town and engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, old rags, sacks, bottles, cans, papers, metal or other articles commonly known as "junk” and/or “scrap."
- "Pawnbroker" means a person engaged in conducting, managing or carrying on the business of pawn broking or the business of loaning money for himself or for any other person receiving as security for the repayment thereof pawns or pledges of personal property, or the business of purchasing personal property and selling or agreeing to resell such articles to vendors, their personal representatives or their assignees, at the prices agreed upon at or before the time of such purchase, whether such business be the principal or sole business so carried on, managed or conducted, or merely incidental to, in connection with or a branch or department of some other business.
- "Pawnshop" means any room, store or place in which a business as defined in Subsection B of this Section is engaged in, carried on or conducted.
- "Secondhand Dealer" means any person engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares, merchandise or articles, whether such business be the principal or sole business so carried on, managed or conducted, or be merely incidental to, in connection with or a branch or department of some other business.
- It is unlawful for any pawnbroker or any employee or agent of any pawnbroker within the Town to fail, neglect or refuse to make out and deliver to the Chief of Police between twenty-four (24) hours and one week/seven (7) days after the receipt thereof, a full, true and complete report of all goods, wares, merchandise or articles received on deposit in pawn or pledge or by purchase. Report forms are available at Town Hall or Police Department in both paper and electronic formats. The electronic format allows a business owner to email the report daily or weekly directly to the Chief of Police. The merchandise must be retained onsite for one week/seven (7) days by pawnbroker after the report is filed with the Chief of Police.
- Such report shall show the hour of the day and the date when each article was received on deposit, in pawn or pledge or by purchase, and the true name and address, as nearly as the same is known or can be ascertained, the person by whom any goods, wares, merchandise or articles were left or deposited, pawned, pledged or sold together with a description of such person. The description shall be through attaching to the required report a copy of the seller’s current and valid driver’s license or some type of current photo identification card. Such report shall also show the amount loaned or paid thereon, the quantity or number purchased and a complete description of each article so received including all distinguishing marks thereof.
- It is unlawful for any secondhand dealer and/or collector, junk dealer and/or collector, or scrap dealer and/or collector, within the Town to fail, neglect or refuse to make out and deliver to the Chief of Police, between twenty-four (24) hours and one week/seven (7) days after the receipt thereof, a full, true and complete report of all goods, wares, merchandise or articles received on deposit, in pawn or pledge or by purchase. Report forms are available at Town Hall or Police Department in both paper and electronic formats. The electronic format allows a business owner to email the report daily or weekly directly to the Chief of Police. The merchandise must be retained onsite for one week/seven (7) days by pawnbroker after the report is filed with the Chief of Police.
- Such report shall show the hour of the day and the date when each article was received on deposit, in pawn or pledge or by purchase, and the true name and address, as nearly as the same is known or can be ascertained by the secondhand dealer/collector, junk dealer/collector, and/or scrap dealer/collector, of such person by whom any such goods, wares, merchandise or articles were left or deposited, pawned, pledged or sold, together with a description of such person. The description shall be through attaching to the required report a copy of the seller’s current and valid driver’s license or some type of photo identification card. Such report shall also show the amount loaned or paid thereon, the quantity or number purchased and a complete description of each article so received including all distinguishing marks thereof.
All reports required by the provisions of this Chapter are to be prepared in a clear and legible manner. The reports shall be provided to the Chief of Police between twenty-four (24) hours and one week/seven (7) days; and, available for review by any member of the Wickenburg Police Department upon request.
It is unlawful for any pawnbroker dealer/collector, secondhand dealer/collector, scrap dealer/collector and/or junk dealer/collector to deface, alter, change or destroy, part with, conceal, give away, sell or dispose of any goods, wares, merchandise or articles before one (1) week/seven (7) days has elapsed after preparing a report required by the provisions of this Chapter.
Each failure, neglect or refusal to prepare and deliver to the Chief of Police, a clear and legible report as required by this Chapter within the time limits set forth herein, or made available for review by any member of the Wickenburg Police Department upon request and each defacement, alteration, change, destruction, parting with, concealment, gift, sale or disposition of any goods, wares, merchandise or article before one (1) week/seven (7) days has elapsed after the preparation and delivery of such report shall constitute a violation of this Chapter.
Section 9-3-1 Purpose; DefinitionsSection 9-3-2 Permit RequiredSection 9-3-3 Waiver Of FeesSection 9-3-4 ConditionsSection 9-3-5 Grounds For DenialSection 9-3-6 Waivers- The purpose of this Chapter is to establish a process for permitting and regulating certain temporary activities conducted on public property or private property when public safety is potentially impacted. This Chapter is adopted pursuant to the authority of A.R.S. §9-240, as amended, and is intended to provide fair and reasonable regulations governing the time, place, and manner in which a special event may take place, and in doing so, provide for the health, safety, and welfare of the public and assist the Town and its appropriate officers in enforcing applicable provisions of A.R.S. Title 9 and Title 36.
- For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
- “Special Event” means any public or private function which:
- Requires temporary parking areas; or
- Is held in a public park or on public right-of-way; or
- Has amplified music or voices which can be heard outside of the event location; or
- Requires temporary traffic control to provide for safe ingress and egress to the event venue; or
- Requires a Special Event Liquor License; or
- Requires temporary sanitation facilities; or
- Requires the installation of temporary structures or tents of more than 120 square feet; or
- Has other adverse impact on public health, safety and/or welfare.
- Special Event shall not include:
- School functions at school facilities, unless spillover (as defined below) is anticipated; or
- Ordinary and customary events at a venue designed to accommodate them.
- “Spillover” means when participants of, or spectators to, a Special Event congregate on, park, or move to any property or right-of-way not associated with the event venue.
Any person or organization wishing to operate, maintain or conduct a Special Event within the Town limits must first obtain a Special Event Permit to do so. The written application to the Town should be submitted at least 30 days before the first day of the proposed special event. If the application is not submitted at least 30 days before the event, the Town may, in its discretion, process the application if doing so will not interfere with other staff duties. The sponsoring organization can apply for a blanket permit for a six (6) month period for reoccurring events on behalf of the individual vendors. Individual vendors shall still be required to pay for a Town Special Event Permit or a regular annual Business License in the case of reoccurring events. No Permit shall be issued until all conditions required pursuant to this Chapter have been met and fulfilled. The maximum number of people permitted at any event will be based upon the nature of the event and the physical capacity of the site where the event will take place.
Certain events may be eligible for fee waivers at Town facilities. The Town Manager shall have the discretion to waive fees for:
- Government agencies, if hosting a public meeting.
- Professional Government Organizations, where the Town of Wickenburg is the host.
- Local Emergency Relief efforts.
- Other events as deemed appropriate by the Town Manager that create positive economic impacts for the Town so long as the total fee waived does not exceed 50% of the total fees charged.
Any other fee waivers shall require Town Council approval.
(Ord. 1182/04-18)
HISTORY
Amended by Ord. 1182 on 3/19/2018
- Noise Standards. It shall be unlawful for any person entity or operation at any Special Event to create any amplified noise, or to allow the creation of any amplified noise, which causes the noise level measured on any residential property outside of the Special Event venue to exceed the noise regulations found in Town Code Section 10-1-11.
- Sanitation.
- The applicant shall provide and maintain toilet and hand washing facilities that are adequate for the anticipated maximum attendance and event duration as directed by the Public Works Department and County Health Department.
- The applicant shall provide and maintain an adequate number of trash receptacles based on the size of the event (square footage), number of projected attendees and nature of event as approved by the Public Works Director. If the event is large enough, arrangements shall be made through the Public Works Department for sanitation pickups at scheduled intervals during the period of the special event.
- All food vendors shall comply with the requirements of the County Health Department for permits and food handling practices.
- Security. The applicant may be required, at the applicant’s expense, to provide security services, and/or extra duty Peace Officers for event security as determined by the Chief of Police. In making the determination of the need for security services, the Chief of Police shall consider the event nature, anticipated attendance, access to alcohol, ticket for money handling and any other factors deemed relevant. If private security services are to be used, the Chief of Police must approve the security service provider and the security plan for the event. If extra-duty Peace Officers will be used, the Chief of Police will coordinate the hiring of officers and the security plan preparation.
- Medical Services. The applicant may be required to furnish medical services, on standby, during the entire event based on expected temperatures during an outdoor event, the nature of the event, expected attendance, age of the expected attendees and participants, and accessibility of the event venue to emergency vehicles. In the case medical services are deemed necessary at the event, a Medical Services Plan shall be approved by both the Chief of Police and Fire Chief at least ten (10) days prior to the event start date.
- Lighting. Events which take place or where attendees may still be present after dark will be required to provide adequate illumination of all use areas, sanitation facilities, parking areas and areas of pedestrian travel. If lighting is required for the event, a lighting plan shall be submitted with the special event permit application to ensure compliance with Town Code Section 14-19-9.
- Parking. Adequate parking shall be provided for all Special Events without spillover. In the event temporary parking areas are to be used, a parking layout and circulation plan shall be prepared and submitted with the special event permit application. In temporary parking areas, all parking spaces shall be adequately marked and dust control measures shall be performed throughout the event.
- Traffic Control. Adequate access to the event venue shall be required for the general public and emergency vehicles. If the access points to the event venue do not have adequate capacity for the expected ingress/egress traffic volumes, temporary traffic control measures shall be required. Where temporary traffic control measures are to be utilized, a traffic control plan shall be submitted with the special event permit application.
- Appropriate Zoning. The Special Event venue shall have the appropriate zoning for the proposed event.
- Signage. All signage to be employed in the advertisement of the Special Event shall be in compliance with the Town’s Sign Code Section 14-18-14.
- Sales. All event vendors shall hold a current Wickenburg Business License. This includes the applicant if tickets are to be sold. All merchandise and ticket sales are taxable in accordance with the laws of the State of Arizona. Tickets to an event shall not be sold prior to approval of the Special Event Permit issued by the Town.
- Insurance. The amount and type of insurance required for a Special Event shall be determined on a case by case basis, based upon the recommendation of the Arizona Municipal Risk Retention Pool as insurance provider to the Town. The applicant shall provide at a minimum, $1,000,000 liability and $2,000,000 general aggregate naming the Town of Wickenburg as an additional insured. A Certificate of Insurance shall be provided to the License Officer at least 5 days prior to the event date.
- After review, by all appropriate Departments, of the application material, the License Officer may deny issuance of Special Event Permit if any of the following applies:
- The applicant has failed to meet the conditions imposed pursuant to this Chapter;
- The proposed event is intended to be conducted in a manner or location not meeting the health, safety, zoning, or fire standards established by the rules and regulations of the Town, the laws of the State of Arizona or rules and regulations adopted by any of its agencies;
- The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the Special Event Permit or in any other document required pursuant to this Chapter;
- That the applicant, his or her employee, agent or any person associated with the applicant as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment, of an offense:
- Involving the presentation, exhibition or performance of an obscene production, motion picture or play, or of selling obscene matter;
- Involving lewd conduct which is conduct showing, or intended to excite, lust or sexual desire;
- Involving the use of force and violence upon the person of another;
- Involving misconduct with a child or children; or
- An offense against the provisions of Arizona law respecting narcotics and dangerous drugs or of any equivalent offense under the law of any state which if committed in Arizona would have been a violation of the Arizona statutory provisions.
- The scheduled date of the Special Event conflicts with other previously scheduled events such that it will result in an undue impact on the Town's resources and staff.
- Where the application is denied, the License Officer shall mail to the applicant written notice of denial within 3 days of the action. The notice shall include a statement of the reasons the application was denied. The applicant may request a review of this denial by the Town Manager who will schedule a meeting during which the applicant may present evidence in support of the application.
At the discretion of the Town Manager, application timeline submittal requirements may be waived if found necessary.
Section 9-4-1 PurposeSection 9-4-2 DefinitionsSection 9-4-3 Compliance With State Licensing RequirementsSection 9-4-4 Licensing RequirementsSection 9-4-5 Operational RequirementsSection 9-4-6 Violations; Suspension; Revocation
(Ordinance 1199/09-19)
HISTORY
Amended by Ord. 1199 on 9/3/2019
This article is adopted to protect the health, safety and welfare of the town and its residents by enacting reasonable regulations for mobile merchants, their employees, agents, lessees or independent contractors by requiring compliance with minimum standards for safety and security.
The below words and phrases, wherever used in this article shall be construed as defined in this section unless, clearly from the context, a different meaning is intended. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
- “Applicant” means the person who applies for a business license pursuant to Article 9-1 and this article.
- “Controlling Person” means a natural person who either (A) has a ten percent (10%) or greater interest in the ownership or earnings of the business, or (B) is any of the following:
- An officer, director, or any stockholder who owns ten per cent (10%) or more, of a corporation licensee/applicant;
- A general partner of a limited partnership licensee/applicant or partner of a non-limited partnership licensee/applicant;
- An officer, president, or secretary of a limited liability company/corporation licensee/applicant; or
- The sole proprietor of a sole proprietorship licensee/applicant.
- “Designated Agent” means the person designated by the licensee/applicant to receive notices from the town pursuant to this article.
- “Legal Parking Space”:
- Means an area designated for vehicle parking in the town right-of-way that may be paved or unpaved and may be delineated by road surface markings.
- Does not include a parking space in a parking lot on property owned by the town.
- “Licensee” means the person who applied for a business license and in whose name the business license was issued by the town.
- “Mobile Food Unit” means a food establishment that is licensed by this state, that is readily movable and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle as defined in Arizona Revised Statutes Section 28-101.
- “Mobile Merchant” means any person who owns, controls, manages or leases a mobile sales unit or contracts with a person to prepare foods and vend from, drive or operate a mobile sales unit.
- “Mobile Merchant” means any person who sells any type of tangible personal property, including, but not limited to, food and drink, at or adjacent to the person’s mobile sales unit in which such tangible personal property is carried. This definition shall not include any person working or acting for a person holding a mobile merchant permit issued in accordance with this section.
- “Mobile Sales Unit” means any vehicle used for carrying tangible personal property for sale at or adjacent to the vehicle in which such tangible personal property is carried.
- “Person” means an individual, partnership, corporation, association or any other entity of whatever kind or nature.
- “Right-of-Way” means an area of land owned by the town and is used for street or highway purposes.
- “Semi-Permanent Structure” means equipment, or any dining area, including, but not limited to, tables, chairs, booths, bar stools, benches, and standup counters.
It shall be unlawful for any person to operate a mobile food unit or act as a mobile food vendor without having first obtained a valid license from the State of Arizona Department of Health Services pursuant to A.R.S. § 36-1761.
- It shall be unlawful for a person to operate a mobile sales unit at any location within the town without obtaining a business license in accordance with Article 9-1 and this article.
- Application Requirements; Procedure. In addition to the requirements of Article 9-1, an application shall include, but not be limited to, the following information:
- The names, addresses, and contact information for the applicant, including all controlling persons and designated agents;
- A general description of the goods to be sold by the mobile merchant;
- A description, license plate number and photograph of the mobile sales unit;
- A valid driver’s license; and
- If the applicant is a mobile food vendor, copies of required certificate(s) from the health services department in Maricopa County.
- A new or renewal license shall be issued to an applicant pursuant to this article unless:
- The applicant fails to provide a completed application, the required application fee;
- The applicant fails to pay the applicable license fee for a new or renewal license when the application is approved;
- The applicant or a controlling person is currently in violation of this article or other Town Code requirement;
- The application contains false or misleading information;
- The applicant has a current debt related to any open or closed account maintained or formerly maintained with the town;
- The applicant or controlling person failed to comply with any federal and state laws, regulations promulgated by the Arizona Department of Health Services or Maricopa County, or the Town Code; or
- Evidence was provided to the Town establishing that the applicant or controlling person, within the five-year period immediately preceding the submission of the application, was convicted of any of the following:
- Felony involving trafficking in stolen property, fraud, forgery, theft, burglary, robbery, extortion, conspiracy to defraud, or any preparatory offenses of the aforementioned crimes;
- Felony involving a fraudulent or dishonest act;
- Felony involving the sale, manufacture or transportation of any dangerous drug as defined under A.R.S. § 13-3401, a “violent crime” under A.R.S. Title 13, Chapters 11, 12, 13 or a “sexual offense” under A.R.S. Title 13, Chapter 14, or for conduct in another jurisdiction which if carried out in Arizona would constitute an offense under one of the statutory provisions enumerated in this subsection; or
- Misdemeanor involving moral turpitude.
- Timeframes for Issuance of Licenses.
- Administrative timeframe. Unless the license has already been issued, within fifteen (15) days after receiving a license application under this article, the town shall determine whether the application is administratively complete, and notify the applicant as set forth in this article.
- Substantive timeframe. Within forty-five (45) days after the town notifies the applicant that the application is administratively complete, the town will complete its substantive review of the license application.
- Overall timeframe. Within ninety (90) days after receiving an application under this article, the town will grant or deny a license.
- An application is deemed withdrawn if, within thirty (30) days after the date of a request for additional information during the substantive timeframe, the applicant does not supply the requested information or provide justification for the delay. On receipt of justification, the town shall allow the applicant thirty (30) additional days to provide the requested information before deeming the application withdrawn.
- Except as otherwise provided, the timeframes in this section shall be extended and suspended as provided by state law.
- It is unlawful for any person to operate a mobile sales unit that does not meet the requirements in this section.
- Fire Safety and Inspection. A mobile merchant must ensure that all mobile sales units comply with the version of the International Fire Code in effect at the time when the license is issued, state law, and the Town Code relating to fire and explosion safety standards.
- A mobile sales unit(s) shall be inspected by the town’s Fire Department, or the mobile merchant shall provide evidence that the mobile sales unit passed a fire inspection by another city or town fire department in this state within the preceding twelve (12) months.
- Refuse, Trash and Litter Maintenance. A mobile sales unit shall:
- Provide a minimum of one fifteen (15) gallon trash receptacle within fifteen (15) feet of each individual mobile sales unit for customers and employees;
- Maintain an area around the mobile unit clear of litter, garbage, rubble and debris; and
- Transport the trash from the area of operation to an authorized waste disposal location.
- Noise Restrictions.
- Noise levels from mobile sales units shall not exceed the town’s noise ordinance standards pursuant to Section 10-1-11.
- Security.
- The mobile sales unit and the surrounding vending area shall be maintained in a safe and clean manner at all times.
- A mobile sales unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be directed downwards and away from rights-of-way and adjacent properties.
- The mobile sales unit and its customers shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley, or other public right-of-way.
- Insurance.
- If the mobile sales unit operates an event sponsored by the town or operates on public property, including rights-of-way or property owned by the town, the mobile merchant shall obtain insurance naming the town as an additional insured in amounts as required by the town and in accordance with the requirements of A.R.S. Title 9, Chapter 4, Article 7.2.
- The insurance company issuing the policy shall be authorized to issue commercial liability policies in Arizona by the Arizona Department of Insurance.
- The policy shall designate by manufacturer’s serial or identification number all mobile sales units for which coverage is granted.
- The policy shall insure the person named in the policy and any other person using the mobile merchant with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance or use of the mobile sales unit in Arizona.
- Location.
- Residential Areas. A mobile merchant shall not operate in a public right-of-way in an area zoned for residential use or within two hundred fifty (250) feet of an area zoned for residential use, except:
- A mobile merchant selling only ice cream may operate on public rights-of-way in areas zoned for residential use; or
- Subject to applicable laws and the Town Code, a mobile merchant may operate on private property in a residential area if the mobile merchant obtains a separate agreement with the property owner to operate a mobile sales unit for a maximum of six (6) hours within a twenty-four (24) hour period on the private property.
- Town-Owned Property. A mobile merchant shall only operate in a legal parking space. If the mobile merchant desires to operate on town property other than a legal parking space in a right-of-way, the mobile merchant shall obtain from the town:
- A separate licensing for use, services contract, or similar agreement, which will be entered into at the town’s sole discretion and applicable law; or
- A special event permit or similar permission in accordance with the Town Code.
- Private Property. A mobile merchant shall obtain written permission to use any private property where a mobile sales unit is operating and shall provide proof of such written permission on demand by the town.
Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile sales unit shall not remain in one location on private property for longer than ninety-six (96) consecutive hours, unless the town grants permission for a permitted special event greater than four (4) days. “One location” within this subsection means a location within a parcel of land and includes movements from different parked positions within the same parcel.
- Parking. A mobile sales unit shall comply with this subsection and applicable law as it pertains to parking, unless parking is governed by a separate subsection in this article.
- Except as provided in Section 9-4-5(H)(2), a mobile sales unit shall only operate in a legal parking space.
- A mobile sales unit, including any semi-permanent structure used or associated with the mobile sales unit, may use no more than one (1) legal parking space, unless the mobile merchant has a separate agreement with the town to use additional legal parking spaces or parking spaces on town property other than right-of-way.
- No mobile sales unit exceeding twenty-four (24) feet may park diagonally in a diagonal parking space or park in any manner that occupies more than one (1) diagonal parking space.
- No mobile sales unit shall operate with the serving window facing street traffic.
- A mobile sales unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile sales unit shall not occupy a legal parking space for more than six (6) hours in a twenty-four (24) hour period. “Occupy” within this subsection means within one hundred (100) feet of the place in which the mobile sales unit was initially parked.
- A mobile sales unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by the Wickenburg Zoning Code and applicable law, and includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9, Chapter 4, Article 7.2.
- A mobile merchant shall not claim or attempt to establish any exclusive right to park at a particular street location, unless the parking space is part of a permitted event.
- Signs. A mobile merchant shall comply with the town sign code.
- It is a violation of this article for any person to provide false information on any license application.
- It is a violation of this article for a person to operate a mobile sales unit that either fails to meet all the requirements in this article.
- It is a violation of this article for a mobile merchant to fail to display the license or other required documents, including proof of insurance or fire inspection, to a peace officer or town inspector on demand.
- The town shall give written notice of a violation to the licensee or designated agent that may result in the suspension or revocation of the license. The notice shall include a description of the violation, the statutory or code reference, how the licensee can comply with the requirements, a description of the process whereby a hearing may be requested, the time limit for requesting a hearing, and a warning that failure to timely request a hearing may result in suspension or revocation of the license. The notice shall be served on the licensee or designated agent by either personal service or registered/certified mail. Service of the notice shall be deemed complete upon mailing to, or personal service on, the licensee or designated agent.
- The licensee or designated agent receiving a notice under this section may request a hearing pursuant to Section 9-1-15. If the licensee fails to comply with the requirements of this article by the date provided in the notice, the town may suspend or revoke the license as provided in this section.
- If a license is revoked pursuant to this section, the license and its controlling person(s) may not apply for a license under this article for a period of one (1) year from the date of revocation.
Section 9-5-1 PurposeSection 9-5-2 DefinitionsSection 9-5-3 Permit Required; PenaltiesSection 9-5-4 Emergency Point Of Contract Requirements; PenaltiesSection 9-5-5 Compliance With The Law; Prohibited UsesSection 9-5-6 Neighbor Notification RequiredSection 9-5-7 Advertisement RequirementsSection 9-5-8 Posting On The Property RequiredSection 9-5-9 Insurance RequiredSection 9-5-10 Background Checks RequiredSection 9-5-11 Standards And Operating Requirements; Health And SafetySection 9-5-12 Permit SuspensionsSection 9-5-13 Enhanced PenaltiesSection 9-5-14 AppealsSection 9-5-15 Judicial ReliefSection 9-5-16 SeverabilityHISTORY
Approved by Ord. 1245 on 6/1/2026
This Article is adopted to protect the health, safety, and welfare of the community of the Town by enacting reasonable regulations for short-term rentals and vacation rentals. These regulations are in addition to other codes of the Town.
In this Article, unless the context or definitions in A.R.S. § 9-500.39 indicate otherwise, the following terms or phrases are defined as follows:
“Advertisement” means any method of soliciting the use of property for vacation rental purposes.
“Applicant” means the owner or owner’s designee who applies with the Town for a permit or renewal of a permit.
“Days” shall mean calendar days unless stated otherwise.
“Designee” and “Agent” are interchangeable for purposes of this Article and mean any person or persons with the charge, care, or control of any property, dwelling unit, or portion thereof. “Designee” includes the “emergency point of contact.”
“Emergency point of contact” means the owner or individual designated by the owner to: (i) serve as the local twenty-four (24) hour emergency point of contact for the vacation rental; and (ii) respond to complaints and emergencies relating to the vacation rental in a timely manner as required by this Article.
“Neighbor notification” means the written notice provided by the owner or the owner’s designee prior to offering a vacation rental for rent for the first time, which is delivered to (i) each single-family residential property adjacent to the vacation rental property and directly and diagonally across the street from the vacation rental property, or (ii) if the vacation rental is located within a multifamily residential building, each residential unit located on the same building floor as the vacation rental property. The neighbor notification shall include the valid permit number issued by the Town, the physical address of the vacation rental, and the name, address, and twenty-four (24) hour telephone number of the emergency point of contact.
“Online Lodging Marketplace” has the same meaning prescribed in A.R.S. § 42-5076.
“Owner” means any person who, alone or with others, has title or interest in a property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and includes any person who as agent, executor, administrator, trustee, or guardian has charge, care, or control of any property, dwelling unit, or portion thereof.
“Permit” means authorization by the Town to operate a vacation rental in accordance with this Article.
“Person” means an individual, public entity, firm, corporation, partnership, limited liability company, trust, association, or any other business entity or juridical person, whether operating on a for-profit or nonprofit basis.
“Timely manner” means responding to complaints and emergencies in person, by phone, or by email within the timeframe required by public safety personnel not to exceed sixty minutes for emergencies and within 24 hours for non-emergency requests.
“Short-term rental” and "vacation rental" are interchangeable for purposes of this Article and mean any individually or collectively owned single-family or one-to-four-family house or dwelling unit, or any unit or group of units in a condominium or cooperative, that is also a transient public lodging establishment or owner-occupied residential home offered for transient use. “Vacation rental” does not include:
a. accommodations or property that is classified for property taxation under A.R.S. § 42-12001; or
b. any unit that is used for any nonresidential use, including a special event that would otherwise require a permit, retail, restaurant, banquet space, or other similar use.
“Transaction privilege tax license” is the State license pursuant to A.R.S., Title 42.
"Transient" has the same meaning prescribed in A.R.S. § 42-5070.
- Permit required. Prior to use of a property as a vacation rental, the owner of the property shall obtain an annual vacation rental permit from the Town. Renting, or offering for rent, a vacation rental without complying with the permit requirement in this Section is prohibited. No separate business license shall be required by the Town. The permit issued under this section shall serve as the required business license.
- Permit applications. The owner of a proposed vacation rental shall submit to the Town a permit application on a form furnished by the Town. The permit application shall be signed by the applicant and shall contain the following minimum information, which shall be made publicly available:
- The physical address of the residential property proposed to be used as a vacation rental.
- The name, address, and telephone number of the owner for which the vacation rental registration certificate is to be issued. If the property owner is an entity, the legal name of the entity and its statutory agent.
- The name, address, and telephone number of each designee of the owner, if any.
- The full name, address, and twenty-four (24) hour telephone number of the individual who will serve as the emergency point of contact.
- Proof of a valid transaction privilege tax license.
- Acknowledgment by the owner of an agreement to comply with all applicable laws, regulations, and ordinances, including the requirement that the owner and each designee shall not be a registered sex offender, been convicted of any felony act that resulted in death or serious physical injury, or been convicted of any felony use of a deadly weapon within the past five years.
- Attestation of compliance with the notification required in this Article.
- Evidence of liability insurance appropriate to cover the vacation rental in the aggregate of at least $500,000 or evidence that each vacation rental transaction will be provided through a platform that provides equal or greater primary liability insurance coverage for the vacation rental.
- Evidence the vacation rental is registered with Maricopa County Assessor’s Office in accordance with A.R.S. § 33-1902.
- If the applicant is an individual, proof of lawful presence in the United States in accordance with A.R.S. §§ 1-502 and 41-1080.
- Permit fee. Every application, including any renewal application, for a vacation rental permit under this Article shall be accompanied by a non-refundable fee established by Town Council resolution.
- Issuance; reasons for denial. The Town shall issue or deny the permit within seven (7) business days after receipt of a complete application, except that the Town may deny issuance of a permit for any of the following reasons:
- The applicant failed to provide the information required under subsection B;
- The applicant failed to pay the permit fee required under subsection C;
- The applicant provided false information;
- The owner or designee of the owner: (i) is a registered sex offender; (ii) has been convicted of any felony act that resulted in death or serious physical injury; or (iii) has been convicted of any felony use of a deadly weapon within five (5) years of submitting the application; or
- At the time of application, the owner has a suspended permit for the same vacation rental or any of the following applies:
- one violation at the vacation rental that resulted in or constituted any of the offenses described in Section 9-5-13; or
- three violations of this Article at the vacation rental within a twelve (12) month period, not including an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.
- Notice of denial; appeal. The Town Manager or designee shall give notice of the denial of an application to the applicant by mailing and/or emailing the notice to applicant at the address listed on the application. The notice of the denial shall inform the applicant of the right to appeal the denial as provided for in Section 9-5-14.
- Maintaining Accurate Information; Violations. All applicants and persons holding permits issued pursuant to this Article shall give prior written notice to the Town Manager or designee of any material change in information submitted in connection with an application for a permit or renewal of a permit. The notice shall be provided to the Town Manager or designee not less than ten (10) days prior to the effective date of the change. Any information required for an application under this Section is deemed to be material for purposes of this Section. A violation of this subsection is a civil offense.
- Term of Permit; Renewal application. All permits issued under this Article shall be valid for a period of one (1) year from the date of their issuance unless suspended or otherwise revoked. Except where the Town has received a new application along with the requisite fees, it shall be unlawful for any person to operate a vacation rental after the expiration date recorded upon the face of the vacation rental permit.
- Operating Without a Permit; Penalties. A vacation rental that fails to apply for a permit or license within thirty (30) days of the permit application being made available by the Town shall immediately cease operations. In addition to any other penalty pursuant to the Town Code, the Town may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner’s designee fails to apply for permit within thirty (30) days of receiving the written notice of violation from the Town. Representations or advertisements including online listings that reference the property, house or dwelling unit location within the Town is prima facie evidence that a vacation rental is operating in the Town.
- Non-transferable. No permit shall be transferable either as to location or as to person.
- Implementation. The Town Manager or designee shall develop the necessary forms and/or database necessary to implement this Section.
- Emergency Responses; Violations. When requested by a law enforcement officer, the owner or emergency point of contact whose name appears on the permit application must be on the vacation rental premises, or be available over the phone or text, within sixty (60) minutes of the request.
- Non-emergency Responses; Violations. The owner or emergency point of contact shall respond to all other complaints relating to the vacation rental in person, over the phone, by e-mail, or by text in a timely manner.
- Maintaining Accurate Emergency Information. All applicants and persons holding permits issued pursuant to this Article shall give prior written notice to the Town Manager or designee of any change to the contact information provided to the Town for the emergency point of contact. The notice shall be provided to the Town Manager or designee not less than ten (10) days prior to the effective date of the change.
- Violations. In addition to any other penalty pursuant to the Town Code, a violation of this Section shall be a civil offense.
- Penalties. In addition to any other penalty pursuant to the Town Code, an owner shall be subject to civil penalties of up to $1,000 for every thirty (30) days the owner fails to provide notice to the Town as required under this subsection. Before imposing the initial civil penalty, the Town shall provide thirty (30) days' notice to the owner by mailing and/or emailing a notice of violation to the owner’s address provided to the Town. The notice of the violation shall inform the applicant of the right to appeal the denial as provided for in Section 9-5-14. Notwithstanding the date of the notice of violation, the date for calculating the penalties shall be the first day the vacation rental is occupied following the owner’s failure to provide the notice to the Town regarding the change.
- A vacation rental shall comply with the federal, state, and local laws, including laws relating to public health and safety, sanitation, solid waste, hazardous waste, tax privilege licensing, property tax registration, traffic control, pollution control, noise, property maintenance, and nuisance abatement.
- No person or entity shall operate a vacation rental in violation of this Article or other law. In addition, the use of a vacation rental property for any of the following uses or purposes is strictly prohibited:
- Any nonresidential use;
- Holding a special event that requires a permit or license pursuant to town ordinance or state law or rule;
- Operating a retail business, restaurant, event center, banquet hall or similar use;
- Housing sex offenders;
- Operating or maintaining a sober living home;
- Selling liquor, illegal drugs, or pornography;
- Operating a nude or topless dancing;
- Obscenity;
- Adult-oriented business; or
- Any other use prohibited by A.R.S. § 9-500.39 or the Town Code.
- A vacation rental lacking a valid transaction privilege tax license issued by the State of Arizona shall not be rented or offered for rent.
- No person or entity may receive payment or accept a fee, directly or indirectly, for facilitating the rental of a vacation rental operating in violation of this Code or other law.
- In addition to any other penalty pursuant to the Town Code, any person who causes, allows, facilitates, aids, or abets any violation of this Article shall be subject to a civil offense.
- The failure of any designee to comply with this Article shall not relieve the owner of liability under this Article.
- Neighbor notification. Prior to offering a vacation rental for rent for the first time, the owner or designee shall provide written neighbor notification in the form required by the Town to:
- Each single-family residential property adjacent to the vacation rental property, directly across from the vacation rental property, and diagonally across the street from the vacation rental property; and
- If the vacation rental is located within a multifamily residential building, each residential unit on the same building floor as the vacation rental property.
- Form of neighbor notification. The neighbor notification shall include the following minimum information:
- The permit number issued by the Town;
- The physical address of the vacation rental; and
- The name, physical address, email address, and twenty-four (24) hour telephone number of the emergency point of contact.
- Additional neighbor notification required. Any change to the information provided under subsection A shall require additional neighbor notification by the owner or designee not later than five (5) days prior to each change. The additional notification shall be provided in the manner required by subsections A and B.
- Attestation. At the time of the application, the owner or designee shall provide to the Town an attestation of compliance with the neighbor notification required by this Section.
- Violations. In addition to any other penalty pursuant to the Town Code, a violation of this Section shall be a civil offense.
- Permit Number Disclosure. To protect the peace, health, safety, and general welfare of the Town’s residents and visitors, the owner or owner’s designee shall be responsible for displaying the permit number issued by the Town on each advertisement for such vacation rental.
- Required Disclosure. In addition to the permit number that must be included in the Short-Term Rental’s listing, the owner shall complete and prominently display the following statement in the Short-Term Rental’s Online Lodging Marketplace or other listing:
- The owner of this property will provide you with pertinent safety information, explain your responsibilities under the Town of Wickenburg Town Code, and expect you to certify your compliance therewith.
- You must not use this property for any nonresidential or other prohibited activity or use, as defined in Town of Wickenburg Town Code Section 9-5-5. Any renter who causes, permits, facilitates, aids, or abets such prohibited use of this property shall be subject to a civil infraction carrying a mandatory penalty of a minimum of $500.00, in addition to any other penalties which the Town may impose.
- The use of this Short-Term Rental to house sex offenders is prohibited by State Law and by the Town of Wickenburg Town Code. The owner of this Short-Term Rental is required to perform a background check on you and your guests prior to your stay.
- Violations. In addition to any other penalty pursuant to the Town Code, a violation of this Section shall be a civil offense. Each advertisement in violation of this Section shall constitute a separate violation.
- Posting at the Vacation Rental. The owner of the vacation rental must display the name, phone number, and email address of the owner, designee, and emergency point of contact in a conspicuous place in the vacation rental.
- Booking Information. To protect the peace, health, safety, and general welfare of the Town’s residents and visitors, the owner of a Short-Term Rental shall (1) provide each booking guest with a statement of applicable Town rules and regulations, or direct each booking guest thereto, and inform the booking guest that rental of the unit constitutes an agreement to comply with such rules and regulations, and (2) display the Permit number issued by the Town on each advertisement for such Short-Term Rental.
- Failure to Comply. In addition to any other penalty pursuant to the Town Code, a violation of this Section shall be a civil offense. Each day a vacation rental does not display the information required by this Section shall constitute a separate violation.
- Required insurance. Prior to offering or renting a vacation rental for rent for the first time, liability insurance appropriate to cover the vacation rental in the aggregate of at least $500,000 shall be provided by the owner or the online marketplace platform.
- Proof of insurance. Proof of the required liability insurance coverage shall be provided to the Town at the time of the application.
- Violation. In addition to any other penalty pursuant to the Town Code, a violation of this Section shall be a civil offense. Each day a vacation rental lacks the insurance required by this Section shall constitute a separate violation.
- No sex offender shall be permitted to rent or occupy the vacation rental. Owners who allow a sex offender at the vacation rental shall be found in violation of this Section.
- Within twenty-four (24) hours of every booking, a sex offender background check on each guest shall be conducted by the owner or by the online lodging marketplace on which the vacation rental is advertised. The owner shall demonstrate compliance with this requirement by retaining a full copy of each background check for a minimum of twelve (12) months after the booking date and providing the copy to the Town upon a request by a police officer.
- In addition to any other penalty pursuant to the Town Code, any person who violates this Section shall be subject to a civil offense.
- The failure of an online lodging marketplace to conduct a background check shall not relieve the owner of liability under this Section.
- Standards and Operating Requirements.
- An owner or owner’s representative shall (a) affirmatively respond to complaints in person, over the phone, or by email, and (b) abate the incident from which the complaint arose in a timely manner regardless of when the owner receives notice of the complaint. If such a response is due within one hour under this Article’s definition of timely manner, the response is deemed necessary to protect the peace, health, safety, and welfare of the general public, and the owner or owner’s representative shall so respond in person. If the response is due within 24 hours, the owner or the owner’s representative shall respond either in person, by telephone, or by email. Failure of the owner or the owner’s representative to respond to a complaint as provided herein is a violation of this Article, and the owner shall be deemed responsible for such violation regardless of whether an owner’s representative has been designated.
- Prior to the commencement of the occupancy or during check-in, the owner shall explain and describe all rules and regulations applicable to the use of the property as a short-term rental including, but not limited to, parking restrictions, restrictions on noise and amplified sound, trash collection schedules, special event and nonresidential use restrictions, fire evacuation routes, and any other information, as required by this Code, applicable to the short-term rental and the surrounding neighborhood. Prior to or upon the booking guest’s arrival at the short-term rental, the owner shall provide the booking guest with a written copy of the statement of rules and regulations acknowledged by the booking guest at the time of booking as required by Section 9-5-11(A)(4). The owner shall keep a record of compliance with this section.
- Trash and refuse shall not be left stored within public view, except in proper collection containers for the purpose of collection by the solid waste service provider. Containers shall not be placed for collection before 6:00 p.m. on the day preceding the date of collection, and after the containers are emptied, they shall be removed from the street and stored in a screened area by the end of the collection day.
- The following notice must be completed in 14-point or larger bold font, on a laminated or otherwise similarly shielded paper, and prominently displayed on the inside of the front door and the primary door to the backyard or in a conspicuous location near each such door. The notice below shall also include information regarding the location of all fire extinguishers and Town of Wickenburg parking and waste disposal regulations.
NOTICE
USE OF THIS PROPERTY FOR ANY OF THE FOLLOWING PURPOSES IS PROHIBITED; VIOLATORS MAY BE SUBJECT TO SUBSTANTIAL PENALTIES:
1. Housing sex offenders;
2. Operating or maintaining a sober living home;
3. Selling controlled substances, liquor, or pornography;
4. Obscenity, Nude or topless dancing, and other adult-oriented businesses, performances, parties, or activities in which value is given in exchange for an adult-oriented service;
5. Any uses prohibited under A.R.S. § 9-500.39, or federal, state, or local law; or
6. Any use that disturbs neighboring properties’ peace and enjoyment including, but not limited to, excessive noise, impeding traffic, obstruction of public streets by crowds or vehicles, use or possession of illegal drugs, drinking in public areas, the service of alcohol to minors or consumption of alcohol by minors, fighting, disturbing the peace, and/or littering.
USE OF THIS PROPERTY FOR ANY OF THE FOLLOWING PURPOSES IS PROHIBITED; VIOLATORS MAY BE SUBJECT TO SUBSTANTIAL PENALTIES:
Use for any nonresidential use, including:
1. For a special event that would otherwise require a permit or license pursuant to Town ordinance or a state law or rule; or
2. Operating a retail business, restaurant, event center, banquet space, or similar use.
Your local contact person’s name is and can be reached by phone 24 hours a day, seven days a week, at - - .
B. Health, Safety, and Sanitation. To protect the health, safety, and general welfare of all short-term rental occupants, short-term rentals must meet the minimum standards for habitable structures set forth in this Code and the Town’s Zoning Ordinance and the following requirements. The Town may require inspection if it has a reason for concern that the short-term rental may not be compliant with the Town of Wickenburg’s fire, building, or zoning requirements.
- Smoke and carbon monoxide (CO) detection and notification system. A working smoke alarm and carbon monoxide (CO) alarm system, which may require the installation and maintenance of several detection units, shall be present within the short-term rental and maintained annually as required under NFPA (National Fire Protection Association) 72. The owner or owner’s representative shall keep and make available for inspection upon request by the Fire Marshal a record of all inspections and maintenance activities.
- Fire extinguisher. A portable, multi-purpose fire extinguisher shall be installed, inspected, and maintained as required under NFPA 10 in any kitchen area and on each floor of a short-term rental and within twenty (20) feet of every outdoor fire feature, fire pit, patio heater, fireplace, or other areas with fire. The extinguisher(s) shall be installed on the wall in an open, common area or in an enclosed space with appropriate markings visibly showing the location of the fire extinguisher.
- Fire Safety and Emergency Evacuation Map. The owner shall provide and prominently display a map of the short-term rental showing the following information: safe routes of egress in the event of a fire or other emergency; the location of telephone(s) required under this Article; the location of fire detection and suppression equipment; and any additional information relevant to such emergency preparedness measures. Such maps shall include the full property address, emergency information (911), and owner contact information.
- Air Filters. As applicable, all HVAC filters in the short-term rental shall be changed every three (3) months or according to the manufacturer’s instructions. The owner or owner’s representative shall keep and make available for inspection upon request by the Town a record of all HVAC filter changes.
- Cleaning. The owner shall have the short-term rental cleaned between bookings following CDC guidelines and using household disinfectant products recommended by the United States Environmental Protection Agency.
- Pest Control. The owner shall ensure that the short-term rental receives regular (at least monthly) pest control treatments to keep the interior of all buildings and structures and exterior area of the premises free from infestation of insects, rodents, and other noxious pests where such infestation threatens the health, safety, or welfare of a person or persons.
- Permit suspensions. The Town may initiate an administrative process to suspend a vacation rental permit for a period of up to twelve (12) months for any of the following:
- Three verified violations of this Article within a twelve (12) month period, not including any such violation based on an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.
- One verified violation that results in or constitutes any of the following:
- A felony offense committed at or in the vicinity of a vacation rental by the owner of the vacation rental or by the owner’s designee;
- A serious physical injury or wrongful death at or related to a vacation rental resulting from the knowing, intentional or reckless conduct of the owner of the vacation rental or the owner’s designee;
- The owner of the vacation rental or the owner’s designee knowingly or intentionally housing a sex offender, allowing offenses related to adult-oriented businesses, sexual offenses, or prostitution, or operating or maintaining a sober living home; or
- The owner of the vacation rental or the owner’s designee knowingly or intentionally allowing the use of a vacation rental for a special event that would otherwise require a permit or license pursuant to the Town code or a state law or rule or for a retail, restaurant, banquet space or other similar use.
- Appeals. A decision to suspend a permit may be appealed by the owner as set forth in Section 9-5-14.
- The remedies in this Article are cumulative and the Town may proceed under one or more such remedies.
- In addition to any other penalty pursuant to the Town Code, and notwithstanding any other law, the Town may impose a civil penalty of the following amounts against an owner if the owner causes, allows, facilitates, aids, or abets a verified violation of any provision of this Article or fails to perform any act or duty required by this Article, related to the same vacation rental property within the same twelve-month period:
- Up to $500 or up to an amount equal to one night’s rent for the vacation rental as advertised, whichever is greater, for the first violation.
- Up to $1,000 or up to an amount equal to two nights’ rent for the vacation rental as advertised, whichever is greater, for the second violation.
- Up to $3,500 or up to an amount equal to three nights’ rent for the vacation rental as advertised, whichever is greater, for a third and any subsequent violation.
If multiple violations arise out of the same response to an incident at a vacation rental, those violations are considered one violation for the purpose of assessing civil penalties.
- In addition to any other penalty pursuant to the Town Code, any property that operates as a vacation rental and fails to apply for vacation rental permit in accordance with this Article within thirty (30) days of the application process being made available by the Town, must cease operations immediately. In addition to any fines imposed pursuant to this Section, the Town may impose a civil penalty of up to one thousand dollars ($1,000) per month against the owner if the owner or owner’s designee fails to apply within thirty (30) days of receiving written notice of the failure to comply with this Article.
- Any person aggrieved by any decision with respect to the denial of or a refusal to issue a vacation rental permit, the suspension of a vacation rental permit, or a penalty imposed pursuant to this Article may appeal the decision by filing a written notice of appeal with the Town Manager or designee no later than thirty (30) days from the date of the decision letter. The notice of appeal shall be on a form approved by the Town.
- An appeal under this Section does not operate as a stay of the permit suspension.
- This Section is not applicable to judicial actions brought pursuant to Section 9-5-15 or to penalties including fines imposed by a court.
- Notwithstanding Section 9-5-12, any attempted or completed felony act, arising from the occupancy or use of a vacation rental that results in a death, or actual or attempted serious physical injury, shall be grounds for judicial relief in the form of a suspension of the property's use as a vacation rental for a period that shall not exceed twelve (12) months.
- The Town Attorney may initiate proceedings in the Town court or other court of competent jurisdiction to enforce this Section.
In the event any section or provision of this Article shall be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Article as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.
ARTICLE 10-1 UNLAWFUL ACTSARTICLE 10-2 REMOVAL OF LITTER (SEE ARTICLE 10-5 PROPERTY MAINTENANCE)ARTICLE 10-3 INOPERABLE VEHICLES (SEE ARTICLE 10-5 PROPERTY MAINTENANCE)ARTICLE 10-4 ENVIRONMENTAL NUISANCES (SEE ARTICLE 10-5 PROPERTY MAINTENANCE)ARTICLE 10-5 PROPERTY MAINTENANCEARTICLE 10-6 FIREWORKSARTICLE 10-7 ALARM SYSTEMSSection 10-1-1 Dangerous ConstructionsSection 10-1-2 Damage To PropertySection 10-1-3 Deposits Of Injurious Material On ThoroughfaresSection 10-1-4 Excavations To Be CoveredSection 10-1-5 ExplosivesSection 10-1-6 False Or Misleading Reports To PoliceSection 10-1-7 (Reserved)Section 10-1-8 Furnishing Weapons And Other Articles To PrisonersSection 10-1-9 LitteringSection 10-1-10 MinorsSection 10-1-11 Noise And FumesSection 10-1-12 Obstruction Of StreetsSection 10-1-13 Interference With Use, Obstruction Of ViewSection 10-1-14 Offensive BusinessSection 10-1-15 Offensive PremisesSection 10-1-16 ProstitutionSection 10-1-17 SearchlightsSection 10-1-18 Signs And BannersSection 10-1-19 Water-Flow Upon StreetsSection 10-1-20 WeaponsSection 10-1-21 Public ParksSection 10-1-22 Open GatesSection 10-1-23 Prohibition Of Smoking In Certain PlacesSection 10-1-24 Obstructing Government OfficialsSection 10-1-25 Urban Camping- It is unlawful for any person to maintain or allow any signs, billboards, awnings or 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.
- It is unlawful for any person to place or keep on any window sill, porch or other projection above the first story of any building abutting on any sidewalk any article which might do injury by falling upon any person on the sidewalk in front of such building, unless said article be securely fastened or protected by screens.
- It is unlawful for any person to damage in any manner or attempt to damage or tamper with any pipe lines, water hydrants, official signs or signals, street lamps or lights, or the fixtures and appliances "hereunto belonging upon any of the poles or other objects for use in connection with the lighting of the streets of the Town or any water pipes, hydrants or any appliances pertaining to the water or sewer works, or any other property of any and every character belonging to the Town.
- It is unlawful for any person to willfully or wantonly destroy or injure any line erected or constructed for the transmission of electrical current or to break the seal on any electric meter or to interfere in any manner with the registration of electric current passing through the electric meter by the use of any wire, or other device to prohibit the meter from properly registering electric current or to destroy any polies, conduits, wires, cables, insulators or support upon which wires or cables may be suspended, or any part of such line or appurtenances or apparatus connected with, or any house, shop, building or other structure or machinery connected with or necessary to the use of any line erected or constructed for the transmission of electrical current or set fire to, that shall in any manner interrupt or interfere with the transmission of electrical current over and along any such lines.
- It is unlawful for any person to deface, walk, ride or drive upon or over any sidewalk or street crossing composed of or containing cement, during the construction thereof, or before the same is thrown open to public use.
- It is unlawful for any person to damage in any manner any road, street or bridge in the Town limits by using the same, by heavy vehicles, malicious destruction or by any act that will result in damage to any such road, street or bridge.
- It is unlawful to break or destroy any window, door or part of any dwelling owned or occupied by another or to break or sever from any premises owned or occupied by another any gate, fence, railing, tree, brush or vine or any property whatsoever or to deface, mutilate or injure the same.
- It is unlawful for any person within the Town to throw stones or other missiles at railroad trains; or to let off the brakes of railroad cars standing on side tracks or tamper with the couplings of railroad cars, or to uncouple cars standing on railroad tracks, or to uncouple the air hose of the air brake system on railroad cars; or to remove, tamper with or break switch lamps or other signals set to control the movements of trains or to jump on or off moving trains, or to throw refuse upon or in any way litter the depot or station grounds of any railroad.
It is unlawful for any person, either willfully and maliciously or carelessly and negligently to drop, throw, place or scatter upon any street, alley, sidewalk or public place in the Town any nails, tacks, broken glass, glass bottles or any instrument or thing whatsoever of such nature as to be capable of injuring persons or property.
- It is unlawful for any person to make any excavation or dig any hole, drain or ditch in any highway or thoroughfare in the Town without providing a sufficient light at night and a temporary fence or suitable obstruction around or in front of such excavation during the day.
- It is unlawful for any person to maintain a well, cellar, pit or other excavation of more than two feet (2’) in depth on any unenclosed lot without providing substantial curbing, covering or protection of such excavation.
- It is unlawful for any person within the limits of the Town to blast or use powder or other explosives without a BLASTING Permit from the Building Safety Department in compliance with the 2003 INTERNATIONAL FIRE CODE. The application for a Permit shall be filed at least ten (10) days prior to the use of the explosives. The Blasting Permit shall be valid for not more than thirty (30) days and shall be valid only for the site identified in the Permit. An application for a Blasting Permit shall include the following information and documents:
- A fee in an amount set by council resolution and a valid Certificate of Insurance. (Ord. 1140/6-14)
- A Blasting Plan identifying the site, type of blasting and amount of explosives to be used or stored at the site (if any).
- A copy of a valid Federal Explosives User’s Permit or Federal Explosives License.
- A copy of any license required by the Arizona Registrar of Contractors for the type of blasting operations proposed.
- A Site Plan showing the security for the site during the blasting operations.
(Ord. 993/12-07)
HISTORY
Amended by Ord. 993 on 12/17/2007
It is unlawful for any person willfully to make to the Police Department of the Town any false, fraudulent, misleading or unfounded report or statement, or willfully to misrepresent any fact for the purpose of interfering with the operation of the Police Department or with the intention of misleading any Police Officer.
(Ord. 1023/12-08)
HISTORY
Amended by Ord. 1023 on 11/17/2008
It is unlawful for any person to furnish or attempt to furnish or take into jail or to deliver or attempt to deliver to any prisoner therein confined, or in the custody of any officer, any weapon, tool, intoxicating liquors, drug or other article without the consent of the officer in charge.
It is unlawful for any person to throw or deposit any litter in or upon any street, alley, public grounds, school grounds or church grounds.
It is unlawful for any person seventeen (17) years of age or under to idle or loiter upon the streets or public places of the Town between the hours of 10:30 p.m. and 5:00 a.m. on Sundays through Thursdays, and between the hours of 12:00 midnight and 5:00 a.m. on Fridays and Saturdays unless such person is accompanied by a parent, guardian or some 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 of 10:30 p.m. and 5:00 a.m. Sundays through Thursdays and 12:00 midnight and 5:00 a.m. on Fridays and Saturdays 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. Any minor who is gainfully employed with the permission of his parents may obtain a special permit to travel to and from his place of employment at hours later than set forth in this Section.
(Ord. 1141/07-14)
HISTORY
Amended by Ord. 1141 on 7/4/2014
- Definitions.
- "A Band Level" means the total sound level of all noise as measured with a sound level meter using a-weighting network. The unit is the dB(A).
- "Community Noise Standards" shall mean the noise standards set forth in subsection B, unless modified pursuant to subsection E or F.
- "Decibel (dB)" means a sound pressure that is 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, two × 10-5 newton/meter2.
- "Emergency Work" means any work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency which has or may result in a disruption of service and which is necessary to restore property to a safe condition following a public calamity or work required to protect the health, safety or welfare of persons or property or work by private or public utilities when restoring utility service.
- "Sound Level (noise level)" in decibels (dB) is the sound measured with the a-weighting and slow response by a sound level meter.
- "Sound Level Meter" means an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks used to measure sound levels which satisfies the pertinent requirements in American National Standard specifications for sound level meters S1.4-1971 or the most recent revision thereof.
- Allowable Noise Levels. It is unlawful for any person to create or permit any noise that produces a dB(A) beyond that person's property line exceeding the levels specified in Table I. Where property is used for both residential and commercial purposes, the residential sound levels shall be used only for measurements made on the portion of the property used solely for residential purposes.
TABLE 1
Zone
| Day of the Week
| TIME
| dB(A)
|
| Residential | Sunday through Thursday
| 7:00 A.M. TO 10:00 P.M.
| 70 |
| Sunday through Thursday
| 10:00 P.M. TO 7:00 A.M.
| 62 |
| Friday and Saturday
| 7:00 A.M. TO 12:00 A.M.
| 70 |
| Friday and Saturday
| 12:00 A.M. TO 7:00 A.M.
| 62 |
| Commericial | Sunday through Thursday
| 7:00 A.M. TO 10:00 P.M.
| 72 |
| Sunday through Thursday
| 10:00 P.M. TO 7:00 A.M.
| 65 |
| Friday and Saturday
| 7:00 A.M. TO 12:00 A.M.
| 72 |
| Friday and Saturday
| 12:00 A.M. TO 7:00 A.M.
| 65 |
| Industrial | Sunday through Thursday
| 7:00 A.M. TO 10:00 P.M.
| 85 |
| Sunday through Thursday
| 10:00 P.M. TO 7:00 A.M.
| 70 |
| Friday and Saturday
| 7:00 A.M. TO 12:00 A.M.
| 85 |
| Friday and Saturday
| 12:00 A.M. TO 7:00 A.M.
| 70 |
- Other Noises Prohibited; Standards for Excessive Noise.
- Notwithstanding any other provisions of this section, and in addition thereto, it shall be unlawful for any person without justification to make or continue, or cause or permit to be made or continued, any unnecessary, excessive or offensive noise, which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
- It shall be unlawful for any person engaging in the following activities to produce noise beyond the property line of the property on which the activities are conducted and which disturbs the peace and quiet of a neighborhood or person:
- Creating or allowing a loud, disturbing noise in connection with the loading or unloading of any vehicle;
- Owning, possessing, harboring or permitting any domesticated animal or bird which frequently or for continuous duration howls, barks, meows, squawks or makes other sounds;
- Allowing or causing any shouting, yelling, screaming or any other form of raucous vocalization by a person or group of people; this provision is not intended to preclude any party from exercising their constitutional first amendment right to lawful, peaceful assembly.
- Any noise created by construction activities including, but not limited to, repair, remodeling, demolition, drilling, wood cutting or excavation work conducted from 8:00 p.m. through sunrise; except that a person may engage in the above listed activities at that person's own residence from sunrise through 8:00 p.m.
- General Exemptions. The following activities are exempted from the provisions of subsections A and B above:
- Heating, Cooling and Pool Equipment, when functioning in accord with manufacturer's specifications and is in proper operating condition, shall be exempt from the noise ordinance requirements. (Ord 1177/11-20-17)
- Lawn maintenance equipment when it is functioning in accord with manufacturer's specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition;
- Non-amplified noises resulting from the activities such as those planned by school, governmental or community groups;
- Athletic, musical or cultural activities or events (including practices and rehearsals) conducted by or under the auspices of public or private schools, and public or private colleges or universities;
- Noises of safety signals, warning devices and emergency pressure relief valves;
- Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
- Emergency work necessary to restore property to a safe condition following a fire, flood, accident or natural disaster; to restore public utilities; or to protect persons or property from an imminent danger;
- All noises coming from the normal operations of railroad trains;
- Normal noises associated with the taking off or landing of aircraft;
- Parades, concerts, festivals, fairs or similar activities that remain within any sound limits approved by the town and permitted by a special event permit;
- Noises of church chimes;
- All utility equipment, including well pumps, transmission lines, power plant equipment, during normal operation provided that no plant equipment may cause the noise level measured inside any sleeping or living room inside any residential dwelling unit to exceed forty-five (45) db(a) between the hours of 10:00 p.m. and 7:00 a.m., nor fifty-five (55) db(a) between the hours of 7:00 a.m. and 10:00 p.m.;
- An event being held pursuant to a town issued special events permit provided that the business is operating in accordance with the conditions of the special use permit.
- Noises made by livestock located on property zoned to allow for the keeping of livestock.
- Temporary Exemptions. The Town Manager is authorized to grant a temporary exemption from the allowable noise levels established by this section if such temporary exemption would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary exemption is sought. A temporary exemption must be in writing and signed by the Town Manager and must set forth the name of the party granted the exemption, the location of the property for which it is authorized and the date(s) and time(s) for which it is effective. A temporary exemption may be granted only for the period of time that is reasonably necessary to conduct the activity and, in no case shall exceed thirty (30) days. The following factors shall be considered by the Town Manager in determining whether to grant a temporary exemption:
- The balancing of the hardship to the applicant, the community and other persons in not granting the variance against the adverse impact on the health, safety and welfare of persons adversely affected and any other adverse effects of the granting of the variance;
- The nearness of any residence or residences, or any other use which would be adversely affected by sound in excess of the limits prescribed by this article;
- The level of the sound to be generated by the event or activity;
- Whether the type of sound to be produced by the event or activity is usual or unusual for the location or area for which the variance is requested;
- The density of population of the area in which the event or activity is to take place;
- The time of day or night which the activity or event will take place;
- The nature of the sound to be produced, including but not limited to whether the sound will be steady, intermittent, impulsive or repetitive.
- Variances. Persons wishing to continue activities which commenced prior to the effective date of this section and which create noise in excess of the allowable noise levels may seek a variance from the town manager. A request for variance must be in writing and signed by the requesting party. If approved, the variance shall be signed by the town manager and shall set forth the name of the party granted the exemption, the location of the property for which it is authorized, the date(s) and time(s) for which it is effective and the dB(A) level(s) authorized. A variance shall be granted only if the town manager finds that strict enforcement of the terms of this section would cause a hardship and no other reasonable alternative of engaging in the activity exists. The following factors shall be considered by the town manager in determining whether to grant a variance:
- The balancing of the hardship to the applicant, the community and other persons in not granting the variance against the adverse impact on the health, safety and welfare of persons adversely affected and any other adverse effects of the granting of the variance;
- The nearness of any residence or residences, or any other use which would be adversely affected by sound in excess of the limits prescribed by this article;
- The level of the sound to be generated by the event or activity;
- Whether the type of sound to be produced by the event or activity is usual or unusual for the location or area for which the variance is requested;
- The density of population of the area in which the event or activity is to take place;
- The time of day or night which the activity or event will take place;
- The nature of the sound to be produced, including but not limited to whether the sound will be steady, intermittent, impulsive or repetitive.
- Other Prohibited Noise.
- No person may use any automobile, motorcycle or other vehicle, engine or motor of whatever size, stationary or moving, instrument, device or thing, in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
- No person may operate any mechanical device operated by gasoline, or otherwise, without having a muffler, in good working order and in constant operation, to prevent excessive or unusual noise and smoke; and no person shall use a muffler cutout, bypass or similar device.
- No person may operate or use any automobile, motorcycle or other vehicle, engine or motor of whatever size, stationary or moving, on race tracks, race courses, or other similar tracks or courses at places of amusement, not being public highways, between the hours of 10:30 p.m. and 8:00 a.m. on Sundays through Thursdays, or between the hours of 12:00 midnight and 8:00 a.m. on Fridays and Saturdays.
- No person shall operate sound amplification systems in a vehicle at an excessive level that disturbs the peace and quiet of a neighborhood or other persons.
- Except as authorized by law, no person shall operate or permit the operation of any sound amplification system in or on a vehicle in such a manner that the sound is plainly audible at a distance of fifty (50) feet, or in such a manner that it causes a person to be aware of vibration accompanying the sound at a distance of fifty (50) feet.
- It shall be unlawful for an operator of a diesel-powered motor vehicle having a load capacity of two (2) tons or more to allow said vehicle to idle for a period of time in excess of two (2) hours while located within the town limits. This provision shall not apply to vehicles being repaired nor to vehicles immediately engaged in loading or unloading cargo.
- Enforcement. The Police Department, the Building Inspector, Animal Control Officer for animal noises and Town Prosecutor are authorized to enforce the provisions of this section.
HISTORY
Amended by Ord. 1177 on 10/16/2017
- It is unlawful for any person to obstruct any public street, 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 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.
- It is unlawful for any person or entity to utilize town property or equipment in any manner other than which it was intended by the manufacturer or owner, or in such a manner as it is injurious to health or indecent or offensive to the senses.
- It is unlawful for any person or entity to place or cause to be placed on any public street, alley, sidewalk, or public right-of-way, for any length of time, any objects or material, including but not limited to gravel, plants, soil, lumber, bricks, rocks, and pipes, trash, debris, or garbage, which includes waste or refuse such as food, wrappers, packaging, used paper and personal hygiene products, construction debris, and accumulations of filth or nuisance conditions as defined by law, or hazardous material including hypodermic needles, used drug paraphernalia, items soiled with bodily fluids or waste such as blood, feces, or urine, or to cause damage to the pavement, curb, gutter or sidewalk of any right-of-way. This provision shall not apply to utility or Town Personnel performing lawful Town or utility work in the public street, alley, sidewalk or public right-of-way.
(Ord 880/10-01) (Ord. 1168/10-16) (Ord. 1247/03-26)
HISTORY
Amended by Ord. 880 on 11/15/2001
Amended by Ord. 1168 on 9/19/2016
Amended by Ord. 1247 on 3/2/2026
- It is unlawful for any person to maintains allow any tree, hedge, billboard or other obstructions which interfere with the use of public sidewalks or 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.
- The Town Council is hereby provided full and complete control over all trees which are outside the property lines of privately-owned real property; provided, the Council shall also have the right to trim any trees or shrubbery on either public or private property that interferes, or appears to threaten to interfere with any electric power or other utility pole, line or appliance.
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 occupation or activity offensive to the senses or prejudicial to the public health within the limits of the Town.
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.
It is unlawful for any person to practice prostitution or to solicit any person to visit or patronize a prostitute or place of prostitution.
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 (1/2) 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.
It is unlawful for any person to place any banner or sign upon any street light pole, traffic signal pole or utility pole within the Town without first obtaining authorization from the Council.
- It is unlawful for any person to willfully or negligently permit or cause the escape or flow of water in such quantity as to cause flooding, or to impede vehicular or pedestrian traffic, to create a hazardous condition to such traffic, or to cause damage to the public streets of the Town.
- It is unlawful for any person to willfully or negligently permit or cause the escape or flow of irrigation water in such quantity as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition to such traffic, or to cause damage to the public streets of the Town 'through the failure or neglect to properly operate or maintain any irritation structure, delivery ditch or waste ditch in which said person has a vested right or interest or through the willful or negligent failure of said person to accept irrigation water after it has been ordered by him.
- It is unlawful for any person within the limits of the Town to fire or discharge any BB gun, air gun, pellet gun, dart gun, slingshot, and gas-operated gun or other similar gun or instrument.
- The prohibitions of the preceding Subsection A. shall not apply to the use of any such gun or instrument by:
- Any person while located on that person’s property or the property of another with the express permission of the property owner and so long as such use does not project BBS, pellets, darts, rocks or other projectiles beyond the property limits.
(Ord. 1059/5-10)
HISTORY
Amended by Ord. 1059 on 3/1/2010
- Except as provided in Subsection B of this Section, it is unlawful for any person to linger, loiter, sleep or otherwise be within the Town parks, playgrounds or recreational areas, including restrooms and other structures therein, during the hours from 10:00 p.m. to 5:00 a.m., unless prior thereto written approval has been obtained from the Community Services Department for an organized activity.
- Overnight parking of trailers and recreational vehicles is permitted only as follows:
- Constellation Park. Overnight parking of trailers and recreational vehicles is permitted providing that such trailer or recreational vehicle is a self-contained unit. No dumping of sanitary wastes or litter shall be permitted. It is unlawful for any trailer or recreational vehicle to park within Constellation Park for more than seven (7) consecutive days within any thirty (30) day period.
- Community Center Campground. No overnight parking.
- No glass beverage containers are permitted in public parks of the Town.
- No dogs, with the exception of certified guide dogs for the blind and certified service animals, are permitted on any municipal owned ballfields. (Ord. 961/6-10)
- Enforcement:
- Employees of the Community Services Department may be designated as Park Rangers to enforce the Town Code within Town Parks, including but not limited to parking lots, sidewalks, and ramadas. The Police Department shall train the Park Rangers with regard to the issuance of citations for violations of Town Code provisions within Town Parks.
- The Park Rangers of the Town shall enforce the provisions of the Town Code and shall have the authority to issue citations for violations of the Town Code within Town Parks.
(Ord. 986/7-07)
HISTORY
Amended by Ord. 986 on 6/4/2007
It is unlawful for any person to leave or cause to leave any gate within the Town open that results in the roaming of livestock at large within the Town.
- Definitions. In this section unless the context otherwise requires:
- “Employee” means any person who is employed by an employer for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.
- “Employer” means a person, business, partnership, association, the State of Arizona and its political subdivisions, corporations, including a municipal corporation, trust, or non-profit entity that employs the service of one or more individual persons.
- “Enclosed Area” means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling. Enclosed area includes a reasonable distance from any entrances, windows and ventilation systems so that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and so that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means.
- "Owner" means the legal owner of the building, the director of the organization owning the building, the manager or chief executive officer of a corporate owner of the building or the person in charge at any given time of the operation of the building or any business conducted therein.
- “Physically Separated” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passageway) and independently ventilated from smoke-free areas, so that air within permitted smoking areas does not drift or get vented into smoke-free areas.
- “Place of Employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, private offices and vehicles owned and operated by the employer during working hours when the vehicle is occupied by more than one person. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.
- “Public Place” means any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas or apartment buildings, condominiums or other multi-family housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theatres, and waiting rooms. A private residence is not a “public place” unless it is used as a child care, adult care, or health care facility.
- “Retail Tobacco Store” means a retail store that derives the majority of its sales from tobacco products and accessories.
- “Smoking” means inhaling, exhaling, burning, or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product.
- "Sports Facilities" means enclosed areas of sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, billiard halls, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sporting events.
- “Veteran and Fraternal Clubs” means a club as defined in A.R.S. §4-101(7)(a)(b) or (c).
- Smoking is prohibited in all public places and places of employment within the town except:
- Private residences, except when used as a licensed child care, adult day care, or health care facility.
- Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than fifty percent (50%) of rooms rented to guests in a hotel or motel are so designated.
- Retail tobacco stores that are physically separated so that smoke from retail tobacco stores does not infiltrate into areas where smoking is prohibited under the provisions of this section.
- Veterans and fraternal clubs when they are not open to the general public.
- Smoking when associated with a religious ceremony practiced pursuant to the American Indian religious freedom act of 1978.
- An outdoor patio so long as tobacco smoke does not enter areas where smoking is prohibited through entrances, windows, ventilation systems, or other means.
- A theatrical performance upon a stage or in the course of a film or television production if the smoking is part of the performance or production.
- Regulation of Smoking in Places of Employment.
- The prohibition on smoking in places of employment shall be communicated to all existing employees by the effective date of this section and to all prospective employees upon their application for employment.
- No employer may discharge or retaliate against an employee because that employee exercises any rights afforded by this section or reports or attempts to prosecute a violation of this section.
- Posting of Signs and Ashtray Removal.
- “No smoking” signs or the international “no smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, or other person in control of that place identifying where smoking is prohibited by this section and where complaints regarding violations may be registered.
- Every public place and place of employment where smoking is prohibited by this section shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
- All ashtrays shall be removed from any area where smoking is prohibited by this section by the owner, manager or other person having control of the area.
- In addition to any other duty contained herein, any owner, manager, employer or employee upon either observing or being advised of a violation of this chapter, shall advise the violator that smoking is prohibited under town ordinance and advise the smoker to extinguish the smoking material and shall call the police if the smoker refuse to comply.
- Any person found guilty of violating any of the provisions of this chapter shall be found guilty of a petty offense and upon conviction thereof shall be fined not less than one hundred dollars ($100.00), or more than five hundred dollars ($500.00). Each occurrence or day that a violation continues shall be a separate offense, punishable as described above. In no case shall a person convicted of a violation of this section be eligible for suspension of their fine.
(Ord. 1003/5-08)
HISTORY
Amended by Ord. 1003 on 5/19/2008
- It is unlawful for any person to knowingly obstruct, delay, resist or oppose any police officer, any member of the fire department, or any other town official in the performance or attempted performance of his or her duties. It is an affirmative defense to any charge pursuant to this section that the person only uttered words alone, regardless of how offensive or obscene the words may be.
- It is unlawful for any person to knowingly fail or refuse to obey or otherwise comply with any lawful order issued by a police officer, including fleeing or refusing a request to provide a full, true name when such officer has reasonable suspicion that criminal activity is occurring, has occurred, or is about to occur.
- It is unlawful for any person to torture, torment, beat, kick, mutilate, injure, disable or kill any animal used by a town official in the performance of its functions and duties, or to interfere or meddle with any animal while being used by a town official in the performance of any of the functions or duties of the town. Anyone who violates this section is guilty of a class 1 misdemeanor.
(Ord. 1167/10-16)
HISTORY
Amended by Ord. 1167 on 9/19/2016
- Purpose. The purpose of this section is to maintain streets, sidewalks, parks and other public and private areas within the town in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the town. Nothing in this section is intended to interfere with otherwise lawful and ordinary uses of public or private property.
- Definitions. Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this section.
“Camp” means to utilize camp facilities and/or camp paraphernalia for the purpose of temporarily or permanently sleeping or living at that location, including but not limited to, activities such as laying down of bedding, erecting tents or any other structure providing shelter, digging or breaking earth, using camp paraphernalia, storing personal belongings, starting a fire, regularly cooking or preparing meals, or living in a parked vehicle. Any activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting the activity are in fact using the area for the purpose of temporarily or permanently sleeping or living at the location regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.
“Camp Facilities” include, but are not limited to, tents, huts, lean-tos, tarps, cardboard boxes or structures, vehicles, vehicle camping outfits, or temporary shelter.
“Camp Paraphernalia” includes, but is not limited to, materials intended to be used as beds or bedding, blankets, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
“Establish” means setting up or moving equipment, supplies or materials onto public or private property to camp or operate camp facilities.
“Maintain” means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.
“Operate” means participating or assisting in establishing or maintaining a camp or camp facility.
“Personal Property” means tangible items greater than one cubic foot in size, other than signs, which are reasonably recognizable as belonging to individual persons and which have apparent utility and value.
“Private Property” means all private property including, but not limited to, streets, sidewalks, alleys and improved or unimproved land.
“Public park” means all town parks and playgrounds.
“Public place” means public plazas, transportation facilities, bus stops, schools, attractions, monuments, and improved and unimproved public area.
“Sidewalk” means the area between the street and the abutting property, including any pedestrian way and landscape strip.
“Street” means any street, highway, alley, avenue or other public way or public grounds in the town that is open to the public, used or intended to be used, by vehicular traffic.
“Town Manager” means the Town Manager or designee.
- Prohibited Acts.
- It shall be unlawful for any person to camp in any public park, public place, or any public street, alley, lane, parkway, or other right-of-way, whether such right-of-way has been dedicated to the public, in fee or by easement, except in the case of a physical emergency, the administration of medical assistance, or where specifically authorized by the Town.
- It is unlawful and a public nuisance for any person to wash one’s body or belongings in a fountain, a sprinkler or watering system or a splash pad.
- No person may sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk.
- It is unlawful for any person to knowingly leave personal property unattended on a sidewalk. The prohibitions of this subsection do not apply to personal property left unattended on a public sidewalk for less than two hours that is actively being loaded or unloaded or to any person performing a town approved or permitted activity.
- In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises as a matter of individual and public safety.
- Exceptions and Permits for Special Events.
- This section shall not apply to any activity otherwise made lawful, including, but not limited to, lawful protesting activity and lawful picketing activity.
- The Town Manager, in his or her discretion, may issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the town, youth or school events, marathons or other sporting events and scouting activities. The town manager may consult with various town departments, the department of health and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit.
The Town Manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to, security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises. When the Town Manager shall issue any permit under the terms of this section, the same may be revoked at any time thereafter by the Town Manager if the Town Manager become satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare.
The town may establish a reasonable fee, to be paid in advance by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the Town Manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon with the proposed temporary camp or camp facility is to be located.
It is a defense to a charge pursuant to this section that the person has a permit issued.
- It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the town manager in accordance with the provisions of this section.
- Temporary Exclusion from Town Park Properties. A law enforcement officer may issue a written exclusion order barring an individual from a specific public park for up to thirty (30) days if the individual receives two (2) or more citations for violating park regulations within that same park during a one-year period. The exclusion order applies only to the park where the violations occurred.
- Violations.
- Violation of this section shall be punishable as a class three (3) misdemeanor and subject to a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a period not to exceed thirty (30) days, or both such fine and imprisonment, and the court can order payment for the town’s actual costs of transporting and storing property of the violator. Each day that a violation continues shall be a separate offense punishable as herein described.
- Nothing contained in this section shall be construed as requiring any warning to any person before the enforcement of the provisions of this section.
- A violation of this section is hereby declared to be a public nuisance. In the event of a continuing violation of this section, the Town Attorney may institute civil actions to abate a public nuisance under this section and is hereby authorized to pursue a request for injunctive relief in a court of competent jurisdiction. In the event that an injunction is issued pursuant to this subsection, the court may also award reasonable attorney fees in favor of the town.
- An individual charged with violation of this chapter, with the consent of the individual, may be taken to a facility providing social services related to mental health, housing, and/or substance abuse treatment in lieu of citation, subject to availability.
- Upon conviction for a violation of this chapter, in addition to any other factors deemed appropriate by the court, the court shall consider in mitigation whether or not the person immediately removed all personal property and litter, including but not limited to bottles, cans, and garbage from the campsite after being informed they were in violation of the law.
(Ord. 1213/1-21) (Repeal and Replace by Ord. 1247/03-26)
HISTORY
Amended by Ord. 1213 on 1/21/2021
Repealed & Reenacted by Ord. 1247 on 3/2/2026
HISTORY
Repealed by Ord. 1190 on 11/19/2018
Amended by Ord. 1244 on 12/1/2025
HISTORY
Repealed by Ord. 1190 on 11/19/2018
Amended by Ord. 1244 on 12/1/2025
HISTORY
Repealed by Ord. 1190 on 11/19/2018
Amended by Ord. 1244 on 12/1/2025
Section 10-5-1 TitleSection 10-5-2 Scope And IntentSection 10-5-3 Conflict Of Ordinances And Effect Of Repeal Of Prior OrdinanceSection 10-5-4 SeverabilitySection 10-5-5 DefinitionsSection 10-5-6 Enforcement; GeneralSection 10-5-7 Owner Of RecordSection 10-5-8 Notice Of ViolationSection 10-5-9 Civil CitationsSection 10-5-10 Civil ProcedureSection 10-5-11 Civil PenaltiesSection 10-5-12 Recidivist OffendersSection 10-5-13 Criminal ComplaintsSection 10-5-14 Inspection WarrantsSection 10-5-15 Buildings And StructuresSection 10-5-16 Land MaintenanceSection 10-5-17 VehiclesSection 10-5-18 Public Nuisance ConditionsSection 10-5-19 Vacant Structures; Unsafe Structures And Equipment; Occupancy ProhibitedSection 10-5-20 Abatement Or DemolitionHISTORY
Repealed by Ord. 1190 on 11/19/2018
Adopted by Ord. 1244 on 12/1/2025
This ordinance shall be known as the “Property Maintenance Ordinance of the Town of Wickenburg, Arizona.” Within this ordinance, the following terms shall be synonymous with the Property Maintenance Ordinance of the Town of Wickenburg: this ordinance, Wickenburg Property Maintenance Ordinance, and the property maintenance ordinance.
- This ordinance shall apply to all buildings, structures, and lands within the Town without regard to use, date of construction, improvement, or alteration.
- This ordinance shall be construed to secure its expressed intent, which is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises, unless specifically exempted in subsection 10-5-2(C) below. Existing structures and premises that do not comply with the provisions of this ordinance shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to, and changes of occupancy in existing buildings shall comply with Town codes, ordinances, and regulations.
- This ordinance shall not require changes in existing buildings and utilities when alterations were installed and have been maintained in accordance with the Town codes in effect at the time of construction or alteration of the subject building or utilities. This subsection does not apply when the building has been determined to be an imminent danger, unsafe, unhealthy, blighted, or deteriorated.
- In any case where a provision of this Article conflicts with a provision of any other ordinance or code of the Town, the provision that establishes the highest standard for the promotion and protection of public health and safety shall prevail.
- In cases where two (2) or more provisions of this Article conflict, the most stringent or restrictive provision shall prevail.
- Nothing in this ordinance shall be construed to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this ordinance, or with private restrictions placed upon property by covenant, deed, or other private agreement.
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance, which shall remain in full force and effect. To this end, the provisions of this ordinance are hereby declared to be severable.
The following words, terms, and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Abandoned or inoperable vehicle: Any vehicle that is partially or wholly dismantled, discarded, wrecked; on blocks, stands, or similar devices; stripped or scrapped; inoperable due to mechanical disassembly; with a deflated tire or tires; physically incapable of operation; or incapable of operation for other reasons, including an expired license plate (more than one month) or the absence of a license affixed or assigned thereto.
- Abate: To correct that which causes or constitutes a public nuisance by removal, rehabilitation, repair, relocation, stoppage, elimination, demolition, or destruction.
- Adopted codes: Any provisions of the building code, mechanical code, electrical code, plumbing code, residential code, fuel gas code, or energy conservation code, as amended and adopted by the Town.
- Animal waste: Household pet waste; waste from stables, kennels, pet pens, chicken coops, veterinary establishments; and any other domesticated or undomesticated animal feces.
- Blight, blighted, or blighting: Any unsightly, deteriorated, dilapidated, withered, or decayed condition of a building, structure, accessory building, fence, landscaping, or property characterized by neglect, lack of maintenance, damage, or any similar condition. Examples include, but are not limited to: accumulation of debris; wood (unless used for cooking or heating); scrap iron or other metal; boxes; paper; vehicle parts; tires; abandoned or inoperable equipment or vehicles; discarded appliances; items that may harbor insect or vermin infestation or create a fire hazard; landscaping that is overgrown, dead, or damaged; fences that are broken, rotted, damaged, or leaning; buildings or structures exhibiting general disrepair or dilapidation, including but not limited to deteriorated shingles, peeling or chipping paint, broken doors or windows, or any other evidence of neglect or lack of maintenance.
- Building: Any structure, either temporary or permanent, having a roof and used or built for the shelter and enclosure of persons, animals, chattels, or property of any kind. This includes tents, awnings, or vehicles situated on private property and used for purposes of a building.
- Code official: The executive official in charge of enforcing violations of this ordinance. The Code Official shall be the Town Manager or his/her authorized designee.
- Construction materials: Any material commonly used in construction or landscaping, including but not limited to asphalt, concrete, plaster, tile, rocks, bricks, sand, dirt, lumber, blocks, or other similar materials.
- Debris: Substance or material of little or no apparent value, including but not limited to deteriorated lumber, old newspapers, cardboard material, scrap metal, vehicle parts, discarded furniture parts, stoves, sinks, cabinets, household fixtures, refrigerators, abandoned, broken, or neglected equipment, or the scattered remains of items.
- Deteriorate, deteriorated, deterioration: A lowering in quality of the condition of a building, structure, or parts thereof, including but not limited to holes, breaks, rot, crumbling, cracking, peeling, rusting, or any other evidence of physical decay, neglect, or lack of maintenance.
- Driveway: An unobstructed area directly connecting a public or private street with vehicle parking, loading, or maneuvering areas.
- Exterior property: The open space on the premises and on adjoining property under the control of owners or operators of such premises.
- Fence (includes screen walls or retaining walls): A self-standing structure constructed of wood, chain link, metal, masonry, or similar materials designed for and commonly used to provide semi-privacy, security, screening, or bank retention between grade separations.
- Graffiti: The writing, drawing, inscribing, etching, spray painting, sketching, or otherwise applied message, initials, designs, drawing, slogan, sign, symbol, or mark of any type that is made on any public or private building, structure, or surface without the express permission of the building, structure, or surface owner.
- Imminent danger: An unsafe condition that poses immediate and substantial risk of injury or property damage if corrective action is not taken.
- Inspection warrant: An order in writing, signed by a judge of a court of competent jurisdiction, authorizing entry into private property to inspect for violations of the Wickenburg Town Code or other relevant laws and regulations.
- Judge: A Town of Wickenburg Municipal Court Judge.
- Municipal court: Town of Wickenburg Municipal Court.
- Occupant: Any individual living or sleeping on premises, in a building or structure, or having possession or custody of a space on or within a premises, building, or structure.
- Owner: Any individual, association, corporation, limited liability company, partnership, limited partnership, trust, or real estate investment trust.
- Person: An individual, proprietorship, partnership, corporation, or other legal entity.
- Private property: Land owned by any person other than the United States, the State of Arizona, a county, a town, a school district, or a special district.
- Premises: A lot, plot, or parcel of land, including any buildings thereon.
- Potential danger: A condition that can cause an unreasonable risk of death, serious personal injury, or serious damage to property, and which can become an imminent danger if further deterioration occurs.
- Responsible party: Any person, agent, operator, firm, or corporation having a legal or equitable interest in a property, or otherwise having charge, care, or control of a property, including but not limited to an owner, tenant, executor, administrator, trustee, or guardian of the estate of the owner.
- Sound condition: Free from decay or defects and capable of performing the task for which it was designed, in the manner it was intended.
- Structure: Any piece of work artificially built up or composed of parts joined together in some definite manner.
- Trash: All non-putrescible wastes consisting of both combustible and noncombustible solid waste material, excluding ashes.
- Unsafe equipment: Any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the structure that is in such disrepair or condition that it is a hazard to life, health, property, or safety of the public or occupants of the premises or structure.
- Unsafe structure: A structure that is dangerous to the life, health, property, or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible.
- Unsheltered: Any area on a premises located outside a garage or other building or structure in such a manner as to be visible to a person standing upon any public street, sidewalk, or at ground level upon any adjoining piece of property.
- Vehicle: Every device by which any person or property is or may be transported or drawn, including but not limited to automobiles, all-terrain vehicles, recreational vehicles, motor homes, travel trailers, utility trailers, horse trailers, watercraft, and watercraft trailers. Devices moved by human power or used exclusively upon stationary rails or tracks are exempt.
- Vehicle parts: Any part(s), component(s), or accessory of a vehicle.
- Vehicle repair: The service, repair, or routine maintenance of a vehicle, including but not limited to lubrication, minor repair and tune-up of engines, tire rotation, engine or transmission overhaul or replacement, body or frame repair or replacement work, or other repair, replacement, restoration, or similar activities.
- Weed: Any valueless, undesirable, invasive, or troublesome plant growing wild or where it is not wanted, including but not limited to vegetation which bears seeds of a downy or wingy nature; tumbleweed, sagebrush, chaparral, and any other brush or vegetation of uncontrolled growth which may provide harborage for insects or other infestations or which is likely to become a fire hazard when dry; vegetation that is otherwise noxious or dangerous; or dry grass, stubble, brush, or other flammable material which may endanger public health or safety.
- Yard, front: A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the principal building.
- Yard, rear: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
- Yard, side: A yard lying between the side lot line of the lot and the line drawn through the nearest point of a principal building, extending from the front yard to the rear yard, or in the absence of either of said yards, from the front to the rear lot lines respectively.
- Zoning ordinance: Land Use and Zoning Ordinance of the Town of Wickenburg, Arizona.
- The Community Development Department shall be charged with the administration of this ordinance. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Code Official or designee shall have the authority to appoint deputy Code Officials, code inspectors, and other related technical officers and employees.
- The Code Official or designee shall have authority, as necessary in the interest of public health, safety, and general welfare, to adopt and promulgate rules and procedures, interpret and implement the provisions of this ordinance, and secure the intent thereof.
- The Town may proceed either civilly or criminally against any person who is responsible for aiding or abetting, causing, permitting, or facilitating any violation of any provision of this ordinance or for failing to perform any act or duty required by this ordinance. A written notice of violation shall be issued to the alleged violator in accordance with the provisions of Section 10-5. If the violation is not remedied within the time frame specified in the notice of violation, a citation may be issued.
- Each day a violation of any provision of this ordinance, or the failure to perform any act or duty required by this ordinance, continues shall constitute a separate violation or offense.
- It shall be unlawful for any responsible party who has received a notice of violation to sell, transfer, mortgage, lease, or otherwise dispose of such property until the provisions of this ordinance have been complied with, or until such responsible party first furnishes the grantee, transferee, mortgagee, or lessee a true copy of any notice issued by the Code Official or his/her authorized designee and furnishes to the Code Official or his/her authorized designee a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging receipt of such notice and fully accepting responsibility, without condition, for making the corrections or repairs required by such notice.
- The owner, occupant, or person in lawful control of the property may be held jointly and severally responsible for compliance with this ordinance.
- Violations of this ordinance are in addition to any other violation enumerated within the Town Code and in no way limit the penalties, actions, or procedures which may be taken by the Town for any violation of this ordinance that is also a violation of any other provision of the Town Code or any other applicable law. The remedies specified herein are cumulative, and the Town may proceed under these or any other remedies authorized by law.
- Any responsible party failing to comply with the provisions of this ordinance shall be deemed guilty of a misdemeanor for those offenses deemed criminal under this ordinance or responsible for a civil violation for all other offenses.
- Notice shall be personally served on the responsible party by a code enforcement officer, police officer, or a vendor who provides such services, or mailed by certified mail to the owner or person controlling the property at his or her last known address, and if the notice is a Notice of Abatement, to the address to which the tax bill for the property was last mailed. If the owner does not reside on the property, a duplicate Notice of Violation shall be sent to him or her by certified or registered mail at his or her last known address. In the event that the post office address of the owner or person controlling the property is unknown or if the owner or person controlling the property cannot be reached by mail, a Notice of Violation may be posted at or on the property in a conspicuous place, and that posting shall have the same effect and force as if personally served upon the owner or user of the property.
The owner(s) of record, as recorded in the Maricopa County or Yavapai County Recorder's Office or as stated on the County Assessor's Office tax bill, may be presumed to have lawful control over any building or parcel of land.
The Code Official or designee shall seek voluntary compliance with the provisions of this ordinance before issuing a civil citation or criminal complaint, as applicable. This shall include a written notice of violation served on the responsible person or persons.
- A notice of violation may be issued by the Code Official or designee, any code inspector, police officer, or other Town agent or employee duly authorized by the Town Manager.
- A notice of violation shall include:
- Identification of the property or location of the violation;
- A statement of the violation(s) in sufficient detail to allow a responsible party to identify and correct the problem;
- A re-inspection date;
- A statement that the Town may abate the violation if the responsible party does not correct the violation prior to reinspection, as per A.R.S. § 9-499; and
- The name and contact information of the person at the Town for further inquiries.
- A notice of violation shall be deemed effective on the date when the written notice is either:
- Hand-delivered in person to the owner, occupant, manager, or agent of the premises where the violation has occurred, or to the person responsible for the violation;
- Mailed by certified or first-class mail, postage prepaid, addressed to the owner, occupant, agent, manager, or responsible person at the last known mailing address, return receipt requested;
- Served on the owner, occupant, agent, manager, or responsible person in the same manner as provided in the Arizona Rules of Civil Procedure; or
- In the event that the post office address of the owner or person controlling the property is unknown or if the owner or person controlling the property cannot be reached by mail, a Notice of Violation may be posted at or on the property in a conspicuous place, and that posting shall have the same effect and force as if personally served upon the owner or user of the property.
- Failure of the responsible party, property owner, occupant, manager, or authorized agent of the property owner to receive a notice of violation shall not preclude the subsequent issuance of a civil citation or criminal complaint, as applicable.
- Nothing in this section shall prevent the Town from taking immediate action to protect the public from an imminent danger to health or safety as otherwise provided by law.
- Unless otherwise designated as a criminal offense in this ordinance, if a violation continues past the time provided for voluntary compliance in the notice of violation, a civil citation may be issued to the person responsible for the violation.
- A civil citation may be issued by the Code Official or designee, any code inspector, police officer, or other Town agent or employee duly authorized by the Town Manager.
- The citation shall include:
- The date of the violation;
- The location of the property; and
- Reference(s) to the section(s) of this ordinance violated.
- The citation shall direct the defendant to appear in Wickenburg Municipal Court no more than thirty (30) calendar days from the issuance of the citation, or as otherwise directed by the Court.
- The citation shall provide notice that if the defendant fails to appear in Wickenburg Municipal Court as directed, a default judgment will be entered for the violation. In addition, a default fee may be imposed for failure to appear as set forth in Section 10-5-11 of this ordinance.
- Service of the citation may be accomplished and will be deemed proper and complete by any of the following means:
- Hand-delivering the citation to the defendant;
- Mailing a copy of the citation by certified or registered mail, return receipt requested, to the defendant's last known address.
- Any method authorized by the Arizona Rules of Civil Procedure.
- The defendant shall appear in Wickenburg Municipal Court on the date indicated in the citation to admit or deny the allegations contained in the citation. The defendant may appear in person or through an attorney. If the defendant admits the allegations, the court shall immediately enter a judgment against the defendant in the amount of the fine for the violation charged. If the defendant denies the allegations, the court shall set a hearing date for the matter.
- If the defendant fails to appear in Wickenburg Municipal Court as directed by the citation, the court shall enter a default judgment and impose the fine and default fee required by Section 10-5-11 of this ordinance.
- If the defendant fails to appear at the time and place set for the hearing by the court, the court shall enter a default judgment and impose the fine and default fee required by Section 10-5-11 of this ordinance.
- Any person that violates this ordinance shall be subject to a civil penalty of two hundred fifty dollars ($250.00) for the first violation and five hundred dollars ($500.00) for a second violation within any twelve (12) month period. The dates of the offenses shall determine the twelve (12) month period. In addition, the court may enter an order requiring the defendant to abate the violation within a prescribed period of time.
- Any defendant that fails to appear in Wickenburg Municipal Court as directed by a citation issued pursuant to this ordinance, or who fails to appear at the time and place set for a hearing of a matter arising under this ordinance, shall be subject to an additional default fee as established by the Wickenburg Municipal Court.
- Any judgments issued by the Wickenburg Municipal Court shall be subject to all surcharges and fees imposed by state law in addition to the civil fines required by this ordinance.
- Judgments shall be collected in the same manner as any other civil judgment as provided by law.
- Any person deemed to be a recidivist offender shall be penalized and fined subject to the provisions of Section 1-8(D) of the Town Code.
- The recidivist process is designed to provide relief through an expedited enforcement process for persons or entities who repeatedly violate any provision of this ordinance or other Town ordinances and who have demonstrated an inability or unwillingness to comply with this chapter.
- Any violation of this Article, whether initially deemed civil or criminal in nature, committed by a person deemed a recidivist as set forth in this section, shall be deemed a Class 1 Misdemeanor and shall be addressed as provided in Section 1-8(D).
- A person shall be deemed a “recidivist” if such person has been issued a notice of violation, civil citation, or criminal charges two (2) or more times within the last twenty-four (24) month period relating to violations of the same provisions of this ordinance.
- To address frequently occurring violations on recidivist parties or properties, the Town Manager or authorized designee may initiate non-complaint-based inspections or code compliance checks on recidivist parties or properties after case resolution to check for recurrence of the same violation(s).
- Cases involving persons designated as recidivist may be submitted to the Town Prosecutor for further action consistent with this chapter.
The Code Official or designee, or any other Town agent or employee duly authorized by the Town Manager, may seek the issuance of a complaint by a police officer or the Wickenburg Town Prosecutor for criminal prosecution of any person who commits a criminal offense as set forth in this ordinance.
- Every criminal action and proceeding under this ordinance shall be designated a Class 1 misdemeanor and commenced and prosecuted in accordance with the laws of the State of Arizona relating to misdemeanors and the Arizona Rules of Criminal Procedure.
- Upon conviction of a person for a criminal offense, the court may impose any combination of the following:
1. A sentence of incarceration not to exceed six (6) months in jail;
2. A base fine not to exceed two thousand five hundred dollars ($2,500.00), exclusive of penalty assessments prescribed by law;
3. A term of probation;
4. An order requiring the defendant to abate the violation within a prescribed period of time; and
5. Notwithstanding the elective penalties above, a recidivist offender shall be subject to the penalties set forth in Article 1-8 of the Town Code.
- The Code Official or designee may seek the issuance of an inspection warrant by a judge if access to any property, building, or structure that the Code Official has authority to inspect is denied. The supporting affidavit shall establish that there is probable cause that a violation of this ordinance or the Town Code exists and that the proposed inspection is reasonable and necessary. Probable cause may be established based on any of the following:
- Previous inspections have shown violations, and the present inspection is necessary to determine whether those violations have been abated.
- Complaints have been received by the Community Development Department from persons who, by status or position, have personal knowledge of Town Code violations occurring on the subject property, building, or structure.
- The inspection of the premises in question is to be made pursuant to an administrative plan containing neutral criteria supporting the need for the inspection.
- In executing an inspection warrant on an occupied property, the code inspector shall, before entry, make a reasonable effort to present credentials, authority, and purpose to the owner, occupant, agent, manager, or person in possession of the property and produce the warrant or a copy thereof upon request. A copy of the warrant shall be left with the owner, occupant, agent, manager, or person in possession of the property.
- In executing an inspection warrant on an unoccupied property, the code inspector authorized to execute the warrant need not inform anyone of authority and purpose but may promptly enter the designated property if it is unoccupied or reasonably believed to be in such condition. In such case, a copy of the inspection warrant shall be conspicuously posted on the property.
- Any person who willfully refuses to permit an inspection lawfully authorized by a warrant issued pursuant to this section is guilty of a Class 1 misdemeanor.
- An inspection warrant shall be executed within five (5) calendar days from its issuance. The warrant shall be returned to the judge within three (3) court business days after execution.
- All buildings, structures, accessory structures, detached garages, fences, walls, and storage structures shall be maintained in a structurally sound condition, free from blight, and in good repair, and must not be erected, altered, or occupied contrary to applicable law.
- Upon issuance of a stop work order by the Code Official, no person shall continue any work on any building, structure, accessory structure, detached garage, fence, wall, or storage structure that has been erected, altered, or occupied contrary to applicable law.
- All exterior surfaces of any buildings or structures, including but not limited to appurtenances, fences, walls, roofs, windows, window frames, screens, doors, garage doors, door frames, canopies, awnings, cornices, porches, stairways, railings, or similar items, shall be properly maintained and shall not present a blighted or deteriorated appearance.
- All exterior doors, garage doors, door frames, skylights, windows, and window frames shall be maintained in sound condition, securely fit in their frames, and be substantially weather-tight. They shall not present a deteriorated or blighted appearance. Window screens, if present, shall be free from excessive tears or holes or bent or broken frames. All glazing materials shall be maintained free from cracks and holes. Boarded window or door openings on an occupied structure are prohibited, except for temporary boarding prior to repairs.
- All fences, screen walls, and retaining walls on the property shall be maintained in a safe and structurally sound condition and shall not present a deteriorated or blighted appearance. This includes, but is not limited to, leaning or damaged fences, use of tarps, fences missing slats or blocks, deterioration of paint or materials, or any other materials that are broken, damaged, or rotting in such amounts as to present a deteriorated or blighted appearance. All materials shall be of typical fence type, uniform, compatible in color and structure, and consistent with the design thereof.
- All exterior surfaces exposed to weather, except decorative brick, stone, or decay-resistant woods, shall be protected with paint or other protective covering. All exterior painted surfaces shall be maintained in sound condition. Painted surfaces that present a blighted or deteriorated appearance, including but not limited to substantial fading, excessive peeling, flaking, chipping, or cracking, shall be eliminated and surfaces repainted. This subsection applies to any exterior surfaces of any buildings or structures, including fences, walls, or appurtenances such as rooflines, fascia, windows, window frames, window screens, doors, garage doors, doorframes, canopies, awnings, cornices, porches, stairways, railings, or similar items in public view.
- Roofs and all appurtenances shall be structurally sound and maintained in a safe condition. Roof coverings shall be substantially free from broken, rotted, split, or curled materials and shall not present a deteriorated or blighted appearance. All materials shall be uniform, compatible, and consistent.
- All overhang extensions, including but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts, shall be maintained in good repair and properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
- All sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a proper state of repair and maintained free from deteriorated or blighted appearance or hazardous conditions.
- Buildings shall have approved premises identification address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be numerals or alphabet letters. Numbers shall be a minimum of four (4) inches high with a minimum stroke width of one-half (½) inch.
- No person shall place any personal property, materials, goods, wares, merchandise, or similar items of any kind in or upon any public street, sidewalk, alleyway, or right-of-way. Items placed by or approved by the Town are exempt from this subsection.
- No person shall place, deposit, or leave in or upon any public or private property, public street, alleyway, sidewalk, rights-of-way, park, or other Town building or property any waste materials, trash, weeds, bottles, glass, cans, pieces of scrap metal, metal articles, paper, or other accumulation of debris or items, except for placement of refuse for collection in accordance with Article 10 of the Town Code.
- No person shall allow the accumulation of rubbish, debris, trash, garbage, refuse, or other wastes, except that which is deposited in proper containers for sanitation collection, in unsheltered areas of private property. This includes items such as, but not limited to, cardboard, bottles, glass, cans, pieces of scrap wood, metal, metal articles, paper, plastic, boxes, tires, vehicle parts, or other materials that constitute a hazard to the health and safety of the occupants, the neighborhood, or the public, or that create a blighted condition.
- No person shall place or store furniture (except furniture designed and placed for outdoor use), household or personal items, equipment, appliances, vehicle parts, landscape material, construction material (except as allowed in subsection E), cardboard, plastic, tarps, canvases, debris, or similar materials in public view or any unsheltered area of any property.
- No person shall store construction materials or similar materials in public view or any unsheltered area of any property. This section shall not apply to construction materials when active construction activities and a valid building permit exist for the property, and the materials are intended to be incorporated into the permitted project.
- No owner or occupant of any property shall allow or permit any trees, shrubs, or other plant growth on the property to impede, obstruct, or interfere with free passage upon any public street, sidewalk, or alleyway; obstruct the visibility of drivers; or interfere with any traffic control device, sign, or street lighting. Tree limbs must be maintained to hang no lower than fifteen (15) feet above any public street or alleyway and eight (8) feet above any public sidewalk. Trees below eight (8) feet, shrubs, or other plant growth must be maintained away from any public sidewalk.
- No person owning or occupying any property fronting on any street, alleyway, or public place in the Town shall allow grass or weeds characterized as uncontrolled, unmaintained, or overgrown, including those areas between the property line and the street, when such conditions create a blighted condition, may harbor infestations, or are likely to become a hazard to public health or safety.
- No person shall allow or permit any exterior property condition that presents a blighted or deteriorated appearance, including but not limited to yards, ground covers, trees, shrubs, or other landscaping vegetation that is substantially dead or damaged, characterized by uncontrolled growth or lack of maintenance, or any other similar conditions.
- No person shall allow any palm tree to have an excessive accumulation of dead or dry fronds that descend downward from the base of the lowest living frond, which may result in insect or other infestations or create conditions likely to become a hazard to public health or safety.
- No person shall allow graffiti on any sidewalk, wall, building, fence, sign, or any other structure or surface owned by such person. The owner shall keep such property free from graffiti when the graffiti is visible from the street or other public way, or any other public or private property. Any surface that has been defaced with graffiti must be restored to its original state by the owner.
- No person shall attach or place any sign, placard, poster, banner, or any other advertising device to any tree, public utility structure, traffic control device, streetlight standard, or any other device upon public streets, alleyways, sidewalks, or rights-of-way unless pursuant to a permit, license, or other approval from the Town.
- No person shall park or permit to be parked any vehicle displayed for sale upon any public street or private property, including vacant property, except where the sale of a vehicle is customary and incidental to the principal use of the property and in accordance with the zoning ordinance, except as follows:
- The display of one (1) vehicle for sale is permitted at a residence when the vehicle is titled to the owner or occupant of the property, is parked on an improved parking surface on the property and is not being sold in connection with an automobile sales business.
- No more than three (3) vehicles may be displayed for sale at the same residence within a calendar year.
- No more than one (1) vehicle shall be displayed for sale at any time.
- No person shall park or permit any vehicle to be parked on any property or vacant property except where the parking of such vehicles is customary and incidental to the principal use of the property and in accordance with zoning ordinances.
- A vehicle cover placed on any vehicle that is visible from any public street or sidewalk must be properly maintained and made exclusively for covering vehicles. A proper cover does not include bed linen, paper, cardboard, plastic sheeting, tarps, or any other item or material not manufactured specifically as a vehicle cover. The use of a vehicle cover on any abandoned or inoperable vehicle as defined in this ordinance is limited to a vehicle that is stored in a carport.
- No person shall store an abandoned or inoperable vehicle, including any vehicle being repaired or restored, that is visible from any public street or sidewalk except where the storage, repair, or restoration is customary and incidental to the principal use of the property and in accordance with the zoning ordinance. An abandoned or inoperable vehicle, including any vehicle being repaired or restored, may be stored in a carport if the vehicle is covered with a properly maintained vehicle cover made exclusively for covering vehicles as described in subsection 10-5-17(C) above.
- Within any residentially zoned district, no person shall perform any vehicle repairs except as follows:
- All vehicle repairs performed must be customary and incidental to the principal use of the property.
- Any vehicle undergoing repair must be titled to the owner or occupant of the property.
- Vehicle repairs shall not exceed ten (10) calendar days unless removed from public view.
- The painting of vehicles in any residential district is prohibited.
- No person shall leave, place, or park any abandoned vehicle or inoperable vehicle upon any public street, alleyway, public or private parking lot, or Town property.
- No person shall erect, maintain, use, place, deposit, cause, allow, leave, or permit to remain in or upon any private lot, building, structure, or property, or in or upon any public street, alleyway, sidewalk, right-of-way, or other public or private place, any condition, thing, or act that is injurious to health or safety; an obstruction to the free use of property; or that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons; or that unlawfully obstructs the free passage or use, in the customary manner, of any stream, public park, square, street, or highway. Such conditions constitute a public nuisance and are no less a nuisance because the extent of annoyance or damage inflicted is unequal. In addition, any violation of this Town Code that is continuous with respect to time is a public nuisance.
- No person shall abandon, discard, store, or keep in any place accessible to children a refrigerator or any other self-latching container of a capacity greater than one and one-half (1½) cubic feet that is outside of any dwelling unit or within any unoccupied or abandoned building or structure without removing the doors, lids, hinges, latches, or securing it to prevent access.
- All property shall be maintained to prevent the erosion of soil and the accumulation of stagnant water (except in approved retention areas and reservoirs) that may cause a hazardous or unhealthy condition or breed insects.
- No person shall allow any swimming pool, architectural pool, hot tub, spa, or pond to remain or be maintained in a condition that breeds insects, may result in insect or other infestations, is polluted or stagnant, or creates a blighted condition.
- No person shall fail to maintain a swimming pool area enclosure as required in the Town Zoning Code.
- No person shall permit or cause the discharge of water from any swimming pool, architectural pool, or spa into any public street, alleyway, right-of-way, or any abutting or adjacent public or private property.
- No person who keeps or controls any animal shall cause, allow, or permit any manure of such animal to be unloaded, left, or dumped in or upon any ditch, street, alleyway, sidewalk, wash, vacant lot, or adjacent public or private property within the Town.
- Within residential and commercial zoned properties, animal waste such as manure or droppings shall be removed from pens, kennels, stables, yards, and other enclosures at least twice weekly, or more frequently if conditions so necessitate, and from the property at least once each week.
- It shall be unlawful for any person to deposit, or permit to be deposited, in an unsanitary manner upon public or private property within the Town, or in any area under the jurisdiction of the Town, any human or animal excrement, sewage, household or industrial wastes, or other polluted water or objectionable waste.
- No person shall cause, allow, leave, or permit to remain in or upon any private lot, building, structure, or property any vector, vermin, or other noxious pest infestation of any kind, including but not limited to insects, bees, wasps, pigeons, rats, or rodents. All premises shall be kept free from the presence or apparent evidence of vector, vermin, or other noxious pest infestation, including nesting places, or any other unsightly or unsanitary condition that could harbor infestations.
- All vacant structures and premises thereof, or vacant land, shall be maintained in a clean, safe, secure, and sanitary condition as provided herein so as not to cause blight or adversely affect public health or safety.
- All vacant premises, including those areas between the property line and the street, shall be maintained to prevent grass, weeds, and other vegetation characterized as uncontrolled, unmaintained, or overgrown when such conditions create a blighted condition, may harbor infestations, or are likely to become a hazard to public health or safety. Parcels with existing undisturbed natural desert vegetation are exempt from this subsection when the Code Official or designee determines there is sufficient separation between the vegetation and adjacent property lines.
- All unsecured vacant or abandoned buildings or structures must be permanently secured to prevent entry by unauthorized persons pursuant to approved board-up specifications. Any wood or similar material used to secure a building or structure must be painted a color compatible with the building or structure. A copy of board-up specifications may be obtained from the Community Development Department.
- Unsecured vacant structures and land that have been subject to dumping on more than one occasion shall have signs stating “No Dumping” erected thereon in accordance with applicable laws and shall be secured to prevent future occurrences of dumping by installing permanent fencing, ditches, or berms, or by placing four (4) foot high posts at four (4) foot intervals, or any other equally effective method approved by the Code Official or designee or adopted codes.
- When a structure or equipment is found by the Code Official or designee to be (1) a potential or imminent danger, (2) an unsafe structure, (3) unsafe equipment, or (4) unfit for human use or occupancy, the Code Official or designee is authorized to secure the building and declare it an unsafe structure or equipment pursuant to the provisions of this subsection.
- When the Code Official or designee has declared a premises, building, structure, or equipment unsafe, the Code Official shall post a notice bearing the words “Unsafe Structure – Occupancy Prohibited” or similar, and a statement of the penalties provided for occupying the premises, building, or structure, operating the equipment, or removing the notice. The notice shall be served to the owner or the person responsible for the property in accordance with Section 10-5-8 of this ordinance.
- No person shall occupy any building or structure that has been declared unsafe by the Code Official or designee.
- No person shall operate any equipment that has been declared unsafe by the Code Official or designee.
- No owner or responsible party of any property or premises shall allow anyone to occupy any building or structure declared unsafe by the Code Official or designee.
- No person shall deface or remove a notice of unsafe premises, building, structure or equipment without the approval of the Code Official or designee.
- Notwithstanding other provisions of this ordinance, whenever, in the opinion of the Code Official or designee, there is imminent danger posing the risk of immediate substantial risk of injury or property damage if corrective action is not taken due to an unsafe condition of an unsecured vacant or abandoned building or structure, the Code Official shall order the necessary work to be done, including the boarding up of openings to render such structure temporarily safe, whether or not the legal procedures herein described have been instituted; and shall cause such other action to be taken as deemed necessary to meet such emergency. For purposes of this subsection, a vacant or abandoned building or structure shall also include any building or structure that has sustained fire, water, or other substantial damage and is currently unoccupied due to such damage.
- The Code Official or designee shall order the owner or responsible party of any premises upon which is located any condition, violation, building, or structure that in the Code Official’s judgment constitutes a hazard to public health or safety, or is so dilapidated or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair, to remove or abate such condition or violation, or to demolish and remove such structure. If the structure or condition is capable of being made safe by repairs or abatement, the owner may repair or abate to make safe and sanitary, or demolish and remove at the owner’s option.
- The Code Official or designee may require the owner or responsible party to abate, remove, or demolish the hazardous condition, violation, building, or structure within thirty (30) days after written notice has been served by the Town. The Notice of Abatement shall be in conformance with A.R.S. § 9-499, and must be served either by personal service or certified mail, return receipt requested. If served by certified mail, the notice shall be mailed to the last known address of the owner, the owner’s authorized agent, or statutory agent, as well as to the address to which the tax bill for the property was last mailed. The notice shall include:
- The legal description of the property;
- Appeal rights pursuant to this section; and
- The estimated cost of abatement, removal, or demolition to the Town if the owner or responsible party does not comply.
Notwithstanding the above, the Town Attorney is authorized to bring an action in the Superior Court of the County where the property is located to abate, enjoin, and prevent the nuisance activity.
- If the owner or responsible party fails to comply within the time frame provided, the Town may, at the expense of the owner or responsible party, abate, remove, or demolish the hazardous condition, violation, building, or structure, and the owner or responsible party shall be liable for all costs incurred.
- When the Town has effected abatement, removal, or demolition, the actual cost of such work, including a twenty-five percent (25%) surcharge for other incidental costs in connection therewith, shall become an assessment upon the property from which the condition, violation, building, or structure was abated or removed. The owner of record shall be liable for payment. If the actual cost, including surcharge, has not been paid within thirty (30) days of billing, such assessment shall be recorded in the Office of the County Recorder in which the property is located. From the date of recording, it shall be a lien on such property until paid. Such liens shall be prior and superior to all other liens, obligations, mortgages, or other encumbrances, except liens for general taxes.
- A prior assessment against the property shall not be a bar to a subsequent assessment or assessments for such purposes, and any number of liens on the same property may be enforced in the same action.
- A Notice of Abatement or the assessment may be appealed to the Town Manager, or designee, for an administrative hearing for review of such notice or assessment. A request for an administrative hearing shall be made within the time frame prescribed for compliance.
Section 10-6-1 DefinitionsSection 10-6-2 Fireworks Prohibited; ExceptionsSection 10-6-3 Sales Of FireworksSection 10-6-4 Posting Of Signs By Persons Engaged In The Sale Of FireworksSection 10-6-5 Authority To Enforce Violations Of This Article; Means Of EnforcementSection 10-6-6 Liability For Emergency Responses Related To Use Of Fireworks; DefinitionsSection 10-6-7 Penalty
(Ord. 1079/10-10)
HISTORY
Amended by Ord. 1079 on 10/18/2010
- The following words, terms and phrases, when used in this article have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- "Consumer Firework" means those fireworks defined by Arizona Revised Statutes §36-1601.
- "Display Firework" means those fireworks defined by Arizona Revised Statutes §36-1601.
- "Fireworks" means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework, display firework or permissible consumer firework as defined by Arizona Revised Statutes §36-1601.
- "Novelty Items" means federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices, sparklers, and certain toys as defined in Arizona Revised Statutes §36-1601.
- "Permissible Consumer Fireworks" means those fireworks as defined by Arizona Revised Statutes §36-1601 that may be sold within the Town of Wickenburg even where the use of those items has been prohibited.
- "Supervised Public Display" means a monitored performance of display fireworks open to the public and authorized by permit by the Wickenburg Fire Chief or his designee.
- The use, discharge or ignition of fireworks within the Town of Wickenburg is prohibited; except as provided for in this Section. The use, discharge or ignition of fireworks within the Town of Wickenburg is limited to the annual Town sponsored Fourth of July celebration conducted by a reputable fireworks company with the express authorization by Mayor & Council upon the recommendation of the Wickenburg Fire Chief. If a use is approved by the Wickenburg Fire Chief or designee, a Permit must be issued and signed and kept in the possession of the holder.
- Nothing in this Section or Article shall be construed to prohibit the use, discharge or ignition of novelty items or the occurrence of a supervised public display of fireworks.
- Permits may be granted by the Wickenburg Fire Chief or designee for conducting a properly supervised public display of fireworks. Each such public display of fireworks shall be of such character and so located, discharged or fired, only after proper inspection by the Wickenburg Fire Chief or designee and in a manner that does not endanger persons, animals, or property. The permittee shall provide proof of insurance in an amount and form required by the Town. A Permit shall not be issued, and may be revoked, during time periods of high fire danger warnings. The Wickenburg Fire Chief has authority to impose conditions on any permits granted.
- No person shall sell or permit or authorize the sale of permissible consumer fireworks to a person under sixteen (16) years of age.
- No person shall sell or permit or authorize the sale of permissible consumer fireworks in conflict with Arizona State Law.
- Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs indicating the following:
- The use of fireworks, except novelty items as defined by the Wickenburg Town Code in Section 10-6-4-C of this Section, and including permissible consumer fireworks is prohibited.
- Permissible consumer fireworks authorized for sale under Arizona State Law may not be sold to persons under the age of sixteen (16) years old.
- Signs required under this Section shall be placed at each cash register and in each area where fireworks are displayed for sale.
- The Wickenburg Fire Chief or designee shall develop regulations concerning the size and color of the required signs and shall develop a model sign. The required sign regulations and model sign shall be posted on the Town of Wickenburg’s website and filed with the Town Clerk’s office.
- A Wickenburg Fire Chief, Fire Marshall, Police Officer and/or Town Attorney may issue criminal complaints to enforce this Article.
- A person who uses, discharges, or ignites permissible consumer fireworks, fireworks or anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, is liable for the expenses of any emergency response that is required by such use, discharge or ignition. The fact that a person is convicted for a violation(s) of this Article is prima facie evidence of liability under this Section.
- The expenses of an emergency response are a charge against the person liable for those expenses pursuant to Subpart “A” of this Section. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, non-profit entities, or not-for-profit entities that incurred the expenses. The person’s liability for the expense of an emergency response shall not exceed ten thousand dollars ($10,000.00) for a single incident. The liability imposed under this Section is in addition to and not in limitation of any other liability that may be imposed.
- For the purposes of this Section:
- “Expenses of an Emergency Response” means reasonable costs directly incurred by public agencies, for-profit entities, or not-for-profit entities that make an appropriate emergency response to an incident.
- “Reasonable Costs” include the costs of providing Police, Firefighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.
The penalty for violating any prohibition or requirement imposed by this Article is a Class 1 Misdemeanor and subject to the penalties set forth in Section 1-8 of this Code.
Section 10-7-1 Registration Of Alarm SystemsSection 10-7-2 False Alarms And Permit RevocationSection 10-7-3 Appeal ProceduresSection 10-7-4 Penalties
(Ord 1086/4-11)
HISTORY
Amended by Ord. 1086 on 3/21/2011
- It shall be unlawful to operate, or cause to be operated, an alarm system at an alarm site without a valid Alarm Permit being registered. A separate Alarm Permit Registration is required for each alarm system. Alarm Permits must be obtained prior to the installation and/or activation of an alarm system. An alarm user with an alarm system in operation at the time of the effective date of this Article must register the alarm within thirty (30) days of notification by the Alarm Administrator, as designated by the Town Manager.
- The application for an Alarm Permit Registration shall be made on a form approved by the Alarm Administrator and be accompanied by the required fee(s) if applicable. The application must be completed in full and shall include at a minimum:
- Address of the alarm site;
- The name, address (including apartment/suite number), and telephone numbers for the Alarm Permit holder;
- The classification of the alarm site as either residential (includes apartment, condo, mobile home, etc.) or commercial;
- The classification of each alarm system located at the alarm site (i.e. burglary, holdup, duress, panic alarms or other) and whether the alarm is audible or silent;
- Mailing address, if different from the address of the alarm site;
- Any dangerous or special conditions present at the alarm site;
- Names and telephone numbers of at least two (2) individuals who have agreed to act as primary or secondary responder to:
- Receive notification of alarm system activation at any time;
- Respond to the alarm site as required by Wickenburg Personnel no later than fifteen (15) minutes during normal business hours (8:00 a.m. to 5:00 p.m., Monday-Friday) and twenty-five (25) minutes during all other times; and
- Grant access to the alarm site and deactivate the alarm system if necessary.
- The type of business conducted at a commercial alarm site;
- Date of alarm system installation or activation, whichever is applicable;
- The name, address, and telephone number of the alarm business; and
- The name, address, and telephone number of the monitoring company, if different from the alarm business.
- An alarm user’s Permit shall be available within the alarm site for inspection by the Alarm Administrator.
- Alarm Permits are not transferable from one alarm user to another alarm user or from one alarm site to another alarm site. An alarm user shall inform the Alarm Administrator of any change that alters any of the information listed on the Alarm Permit Registration application within five (5) business days of such change.
- Alarm Permits shall be issued for a calendar year (“permit year”).
- All fines and fees owed by an Alarm Permit applicant must be paid before an Alarm Permit may be issued or renewed.
- Any alarm system which has three (3) or more false alarms within a permit year shall be subject to assessment as provided in this Subsection.
- If the Wickenburg Police and/or Fire Department records three (3) or more false alarms within the permit year:
- The Alarm Administrator shall notify the alarm user by certified mail of such fact and direct that a report be submitted to the Alarm Administrator within ten (10) days of the date of the notice. The report shall contain:
- A description of the action taken or to be taken to discover and eliminate the cause of the false alarms; and
- Specific defenses, if any, why the alleged false alarms should not be considered false alarms. Evidence that a false alarm was caused by an act of God, common cause or action of the telephone company shall constitute affirmative defenses to an assessment for the particular false alarm.
- If the report is not timely received by the Alarm Administrator, any notified party shall be deemed to have waived their right to any further review or hearing as provided in this Subsection, and the alarm user operating the alarm system generating the false alarms will be assessed pursuant to Subsection 5 of this Section.
- If the report required by Subsection B of this Section is submitted, the Alarm Administrator shall review the corrective action taken or to be taken to discover and eliminate the cause of the false alarms and the specific defenses, if any, set forth in the report. If it is determined that the corrective action taken or to be taken will substantially reduce the likelihood of false alarms or that a valid defense to the initial determination of false alarms has been accepted, a notice will be sent to the alarm user that no assessment will be made at that time. The notice shall specifically set forth the findings and conclusions of the Alarm Administrator with respect to the review of the report submitted.
- If the Alarm Administrator determines that the action taken or to be taken will not substantially reduce the likelihood of false alarms or that a defense to the initial determination of false alarms has not been alleged or accepted, a notice shall be sent by certified mail to the alarm user that they will be assessed a false alarm assessment pursuant to Subsection 5 of this Section. The Notice of Decision shall contain the specific findings and conclusions of the Alarm Administrator with respect to the review of the report submitted.
- Assessments imposed pursuant to this Section shall be charged per false alarm upon the fourth (4th) and any subsequent false alarms within a permit year, the amount of such assessment to be established by council resolution. The alarm user shall be responsible for the immediate payment of assessments. (Ord. 1140/6-14)
- If the alarm user fails to pay the assessment within the time provided after receipt of written notification from the Alarm Administrator as provided in this Section, the Alarm Permit may be revoked. A revoked Permit may be reinstated upon payment of a registration fee and payment of all outstanding assessments.
HISTORY
Amended by Ord. 1140 on 6/19/2014
- Any alarm user aggrieved by a decision of the Alarm Administrator made pursuant to this Section, may within ten (10) days of receipt of Notice of Decision, appeal to a Hearing Officer designated by the Town Manager. A copy of the appeal request shall be sent to the Alarm Administrator.
- The request for an appeal shall set forth the specific objections to the decision of the Alarm Administrator which form the basis of the appeal.
- The Hearing Officer shall set a time and place for the Hearing as soon as practicable.
- The decision of the Hearing Officer shall be based upon the evidence presented and it shall:
- Affirm the decision of the Alarm Administrator, in which case any assessment or Permit revocation imposed pursuant to this Section shall be sustained; or
- Reverse the decision of the Alarm Administrator, in whole or part, in which case no assessment shall be imposed.
Anyone found guilty of violating any provision of this Article, except for the provisions of Section 10-7-2, shall be guilty of a Class One Misdemeanor and subject to the penalties set forth in Article 1-8.
ARTICLE 11-1 PURPOSE; SUBDIVISION ADMINISTRATIONARTICLE 11-2 DEFINITIONSARTICLE 11-3 PLATTING PROCEDURES AND REQUIREMENTSARTICLE 11-4 SUBDIVISION DESIGN PRINCIPLES AND STANDARDSARTICLE 11-5 STREET AND UTILITY IMPROVEMENT REQUIREMENTSARTICLE 11-6 GRADING AND DRAINAGE REQUIREMENTSARTICLE 11-7 MODIFICATIONARTICLE 11-8 LAND SPLITSARTICLE 11-9 LOT SPLITSThe purpose of this Chapter is to provide for the orderly growth and harmonious development of the Town of Wickenburg; to secure adequate traffic circulation through coordinated street systems with relation to the major thoroughfares, adjoining subdivisions, and public facilities; to achieve individual property lots having optimum utility and livability; to secure adequate provisions for water supply and distribution, drainage and flood control, sanitary sewerage, and other health requirements; to ensure and facilitate provision of sites for schools, recreation and other public proposes; to promote conveyance of land by accurate legal description; and to establish logical procedures for the achievement of this purpose. The Wickenburg Community Development Director is hereby designated and authorized to receive and process and otherwise act upon preliminary and final subdivision plats in accordance with these regulations. Where this Chapter imposes a greater restriction upon land improvement or development, and land use that is imposed or required by existing provisions of law, ordinance, contract, or deed, this Chapter shall control.
HISTORY
Amended by Ord. 1251 on 7/6/2026
In this Chapter, unless the context requires otherwise:
- "ADEQ." Arizona Department of Environmental Quality. (Ord. 1046/9-09)
- "ADOT." Arizona Department of Transportation. (Ord. 1046/9-09)
- "ADWR." Arizona Department of Water Resources. (Ord. 1046/9-09)
- "All Weather Crossing." A hard surface of concrete and self-cleaning paved area extending across or through a water course. (Ord. 1046/9-09)
- "Alley." A public way providing secondary vehicular access and service to properties that also abuts upon a street.
- "Bedrock." The solid, undisturbed bedrock in place either at the ground surface or beneath surficial deposits of gravel, sand or soil.(Ord. 1046/9-09)
- "Block." A piece or parcel of land or group of lots entirely surrounded by public streets, water courses, railroads or packs or a combination thereof.
- "Building Official." The Building Official for the Town of Wickenburg. (Ord. 1046/9-09)
- "Building Permit." A Permit issued by the Building Official for the construction of a new or remodeled residential, industrial or commercial structure or for modifications to the use of an existing structure. (Ord. 1046/9-09)
- "CHD." County Health Department. (Ord. 1046/9-09)
- "CFCD." County Flood Control District. (Ord. 1046/9-09)
- "Clearing or Grubbing." The removal, relocating or addition of any plant, bush, tree, cacti, or six inches (6”) of top soil or rock. (Ord. 1046/9-09)
- "CLOMR." Conditional Letter of Map Revision. (Ord. 1046/9-09)
- "COE." U.S. Army Corps of Engineers. (Ord. 1046/9-09)
- "Conditional Approval." An affirmative action by the Community Development Director indicating that approval of the Preliminary Plat will be forthcoming upon satisfaction of certain specified stipulations. (Ord. 1251/7-26)
- "Contractor." Party responsible for carrying out the contract per plans and specifications. (Ord. 1046/9-09)
- "Developer." A person or individual, developer or his/her agent, firm, partnership, association, corporation, municipality or agent of the aforementioned groups or its agencies or political subdivisions acting as a unit as well as an individual. (Ord. 1046/9-09)
- "Development." Any manmade change to improved or unimproved real estate, including but not limited to buildings, or other structures, mining dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (Ord. 1046/9-09)
- "Drainage Administrator." A Town appointed Public Official that oversees the effects of development on future drainage patterns with the power to enforce this ordinance. (Ord. 1046/9-09)
- "Easement." A grant by the owner of the use of a strip of land to the public, a corporation or persons for specific uses and purposes as so designated. (Ord. 1046/9-09)
- "Engineering Plans." Plans, profiles, cross-sections, specifications and other details of construction of public improvements, prepared by a Registered Engineer in accordance with the approved Preliminary Plat and in compliance with public improvement standards.
- "EPA." U.S. Environmental Protection Agency that issued the regulations to control pollutants in stormwater runoff discharges (The Clean Water Act and NPDES Permit Requirements). (Ord. 1046/9-09)
- "Excavation." Any act which earth, sand, gravel, rock or other earthen material is cut into, dug, uncovered, displaced or relocated, and shall include the conditions resulting therefrom. (Ord. 1046/9-09)
- "Exception." Any parcel of land located within the boundaries of a subdivision that is not included in the Plat.
- "Existing Grade." The grade or elevation of the existing ground surface prior to excavation or filling. (Ord. 1046/9-09)
- "FEMA." Federal Emergency Management Agency. (Ord. 1046/9-09)
- "Fill." The deposits of soil, rock, or other materials placed by humans. (Ord. 1046/9-09)
- "Final Approval." The unconditional approval of a Final Plat by the Community Development Director as evidence by certification thereon by the Town Clerk. (Ord. 1251/07-26)
- "Finish Grade." The final grade or elevation of the ground surface after grading is completed. (Ord. 1046/9-09)
- "General Permit." A General Permit for stormwater runoff discharges associated with industrial or construction activity issued by the EPA or a delegated State under the NPDES Stormwater Regulations. (Ord. 1046/9-09)
- "General Plan." The Wickenburg General Plan.
- "Grading." Any excavation or filling or combination thereof and shall include the conditions resulting from any excavation or fill including the natural drainage pattern. (Ord. 1046/9-09)
- "Grading Permit." A Permit issued by the Town to perform earthwork such as grading, filling, excavating, cutting or other site earthwork, and prior to obtaining a Building Permit. (Ord. 1046/9-09)
- "ITE." Institute of Transportation Engineers. (Ord. 1046/9-09)
- "LOMR." Letter of Map Revision. (Ord. 1046/9-09)
- "Lot." A piece or parcel of land separated from other pieces or parcels by description, as in a subdivision or on a record survey map or by metes and bounds, for purposes of lease, transfer of ownership or separate use.
- "Corner Lot." A lot abutting on two (2) or more intersecting streets having an interior angle of intersection not exceeding one hundred thirty-five (135) degrees.
- "Double Frontage Lot." An interior lot, one (1) side of which is contiguous with the rear line of a corner lot.
- "Key Lot." An interior lot, one (1) side of which is contiguous with the rear line of a corner lot.
- "Lot Depth." The distance, measured on a line parallel to the axis of the lot, between a point on the front lot line and a point on the rear lot line which is closest to the proposed or existing dwelling or principal building or any part thereof.
- "Lot Line." A line bounding a lot:
- "Front Lot Line." The lot line coinciding with the street line; or, in the case of a corner lot, the shortest of two (2) lot lines coinciding with street lines; or, in the case of a double frontage lot, both lot lines coinciding with street lines
- "Side Lot Line." Any lot line other than a front or rear lot line; in case of a corner lot, the lot line abutting the side street is termed an exterior side lot line; all other side lot lines are termed interior side lot lines.
- "Rear Lot Line." The lot line opposite and farthest from the front lot line; for a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and farthest from the front lot line, not less than ten feet (10’) long and wholly within the lot.
- "Lot Width."
- In the case of a rectangular lot or a lot abutting on the outside of a street curve, the distance between side lot lines, measured at the minimum front setback line parallel to the street or street chord.
- In the case of a lot abutting in the inside of a street curve, the distance between side lot lines measured at the rear line of the dwelling, or when there is no dwelling, thirty feet (30’) behind the minimum front setback line, parallel to the street or street chord.
- "MAG." Maricopa Association of Governments. (Ord. 1046/9-09)
- "Major Streets and Thoroughfares Plan." That part of the General Plan, which provides for development of the major streets and highways system of the Town.
- "NFIP." National Flood Insurance Program. (Ord. 1046/9-09)
- "NPDES." National Pollution Discharge Elimination System is the requirement of federal law pursuant to 33 United States Code Section 1342 requiring a developer, public or private, to control or eliminate erosion and other forms of water pollution from a site. (Ord. 1046/9-09)
- "On-Lot Detention." The detaining of stormwater on an individual lot for a given design frequency, said area of lot being exclusive of public streets, alleys, or other land dedicated for public use. (Ord. 1046/9-09)
- "Onsite Retention." The retention of stormwater volume that falls on the site for a given design frequency storm, said site being exclusive of public streets, alleys, or other land dedicated for public use. (Ord. 1046/9-09)
- "Outfall." The lowest point of the lot (when final grading and improvements are complete) that will provide for continuity of drain water disposal to the street, alley, drainage channel or easement. (Ord. 1046/9-09)
- "Owner." The person, corporation, or other legal entity, holding title to land by deed, or as vendees under land contract, or holding other title of record.
- "Planning Agency." The Planning and Zoning Advisory Commission of the Town of Wickenburg.
- "Plat." A map of a subdivision.
- "Preliminary Plat." A map, including supporting data, of a proposed subdivision prepared in accordance with Section 11-3-4 (E) of this Chapter.
- "Final Plat." A map of a subdivision prepared in accordance with Section 11-3-5 (E) of this Chapter.
- "Preliminary Approval." Unconditional approval of a Preliminary Plat by the Community Development Director, as evidenced by meeting minutes and noted upon copies of the Plat. (Ord. 1251/07-26)
- "Public Improvement Standards." A set of regulations establishing specifications and instructions to be followed in planning, design and construction of certain public improvements, formulated and enforced by the Town Engineer and duly approved by the Town Council.
- "Public Utility." Underground, above ground or overhead facilities furnishing to the public under State or Municipal regulations, electricity, gas, steam, communications, water, drainage, flood control, irrigation, garbage or trash disposal and sewage disposal; also, such person, firm, corporation, or municipal department or board, as the context indicates.
- "Re-Subdivision." The redesign or recombination of a group of lots or record, or of an entire recorded subdivision, not involving a new street and not creating any additional lots; or, the division into more than two (2) parts of any lot, tract or parcel of land, the boundaries of which have been fixed by a recorded plat, whether or not a new street is involved; provided, however, that the transfer of ownership of parcels or strips of land to or between adjoining property owners where such transfer does not create additional lots, shall not be deemed re-subdivision.
- "Retaining Wall." A wall that supports earth higher on one side than the other side (measured from the top of the footing to the top of the retaining wall); a retaining wall over three feet (3’) shall be designed by a civil or structural engineer and approved by the Town prior to construction. (Ord. 1046/9-09)
- "Rough Grade." An approximate elevation of the ground surface conforming to the proposed design. (Ord. 1046/9-09)
- "Site." Any lot or parcel of the land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. (Ord. 1046/9-09)
- "Soil." All earth material of whatever origin overlies bedrock. (Ord. 1046/9-09)
- "Street." Any street, avenue, boulevard, road, lane, parkway, place, drive or right-of-way which is an existing state, county or municipal roadway; or a vehicular access way shown on a plat which has been approved by the elected body or agency given the statutory authority to do so, and duly recorded in the Office of the Maricopa County Recorder. A street includes all land within the right-of-way whether improved or unimproved, pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges, viaducts and landscaping.
- "Arterial Route." A general term including freeways, expressways, major arterial streets and interstate, state or county highways and usually section line roads.
- "Collector Street." A street with limited continuity serving the primary function of carrying traffic from local streets to arterial routes, and the secondary function of providing access to abutting properties.
- "Local Street." A street serving the primary function of providing access to abutting property.
- "Cul-de-Sac." A short local street having one end permanently terminating in and including a vehicular turning area.
- "Street Line." A line describing the boundaries of a street right-of-way.
- "Subdivider." The person, firm, corporation, partnership, association, syndicate, trust or other legal entity that makes application and initiates proceedings for the subdivision of land in accordance with these regulations; provided, that an individual serving as agent for such legal entity shall be deemed the subdivider.
- "Subdivision." The division or lease, transfer of ownership, or building development of a tract or parcel of land into four (4) or more lots, tracts or parcels; or in a new street in involved, any division of a parcel of land; or, resubdivision of land heretofore divided or platted into lots, tracts or parcels; provided that the partitioning of land in accordance with state statutes regulating partitioning of land held on common ownership, shall not be deemed a subdivision.
- "SWPPP." Stormwater Pollution Prevention Plan required by Stormwater Regulations or Permits that includes site map(s), an identification of construction/contractor activities that could cause pollutants in the stormwater and a description of measures or practices to control these pollutants. (Ord. 1046/9-09)
- "Town." The Town of Wickenburg, in the counties of Maricopa and Yavapai and in the State of Arizona, except as otherwise provided. (Ord. 1046/9-09)
- "Town Engineer." An engineer who is licensed by the State of Arizona and who has been employed to design or oversee work regulated by this ordinance. (Ord. 1046/9-09)
- "Useable Lot Area." That portion of a lot useable for or reasonably adaptable to the normal use for which the lot is intended, and not including area which is covered by water, is excessively steep or has its normal use restricted by certain types of easements.
HISTORY
Amended by Ord. 1046 on 9/21/2009
Amended by Ord. 1251 on 7/6/2026
Section 11-3-1 Plat RequiredSection 11-3-2 Outline Of ProceduresSection 11-3-3 Pre-Application StageSection 11-3-4 Preliminary Plat StageSection 11-3-5 Final Plat StageNo person, firm, corporation or other legal entity shall, for the purpose of circumventing this Chapter, hereafter sell, offer to sell or divide any lot, piece or parcel of land which constitutes a subdivision or part thereof, as refined herein, without first having recorded a plat in accordance with this Chapter.
The preparation, submissions, review, and official action concerning all subdivision plats located within the Town of Wickenburg shall proceed through the following progressive stages:
- Pre-application State
- Preliminary Plat Stage
- Final Plat Stage
This stage of subdivision planning comprises an investigatory period preceding preparation of the Preliminary Plat. If, during this stage, it is determined that a charge in zoning will be proposed for all or part of the tract, the subdivider should prepare to initiate an application for zoning amendment simultaneously with submission of a Preliminary Plat.
- The subdivider shall confer with the Community Development Director and present informally a general outline of the subdivider's proposal, including but not limited to:
- Sketch plans and ideas regarding land use, street and lot arrangement and tentative lot sizes;
- Tentative proposals regarding utility and street improvements.
- The Community Development Director shall advise the subdivider of procedures, design and improvement standards and platting requirements. The Community Development Director shall investigate the following aspects of the proposal and report its recommendations to the subdivider:
- Existing zoning or proposed zoning amendment;
- Adequacy of existing and proposed school, recreation and other public sites;
- Sufficiency of existing and proposed street and utility systems, existing and proposed uses of adjoining lands, and any special problems such as topography, drainage and flooding.
HISTORY
Amended by Ord. 1251 on 7/6/2026
This stage includes preparation, submission, review and approval of the Preliminary Plat. Processing will be expedited by submission of all information essential to determining the intended character and general acceptability of the proposal.
- Preliminary Plat Submission.
- Filing and Meeting Dates. An application for plat approval, together with a copy of the Preliminary Plat and required supporting data, prepared in accordance with Section 11-3-4(E) of this Chapter, shall be filed with the Community Development Director.
- Zoning Amendment. The Preliminary Plat shall be designed to meet all requirements of the zoning district in which it is located; however, in the event that an amendment of zoning is deemed necessary, such application shall accompany submission of the Preliminary Plat.
- Filing Fees. Application for plat approval shall include payment to the Town Clerk of a filing fee, the amount of which shall be established by council resolution. The filing fee shall also cover filing of an amended or revised Preliminary Plat when processed as the same case. (Ord. 1140/6-14)
- If it meets all requirements of Section 11-3-4 (E), the application shall be assigned a case number; otherwise, it shall be rejected and the subdivider notified as to the deficiencies.
- Preliminary Plat Review.
- It shall be the duty of the Community Development Director to review the Preliminary Plat for technical and engineering compliance with this Chapter and to review the plat for compliance with good planning principles.
- On receipt of the Preliminary Plat, the Community Development Director shall distribute copies to:
- The Town Engineer for the review of street plans and compliance with Town road and street standards, compliance with Flood Plain Regulations, and for tentative determination of street and drainage improvement requirements.
- The Director of Public Works for review of water and sewage disposal.
- The Superintendent of the Wickenburg School District for his/her information.
- Where the land abuts a State highway, or where the Community Development Director otherwise determines appropriate, to the Arizona Department of Transportation for recommendations regarding rights-of-way and intersection design.
- The Community Development Director shall review the Preliminary Plat for compliance with public objectives, giving special attention to design principles and standards as set forth in Article 11-4 of this Chapter, to utility methods and systems, to existing and proposed zoning and land use of the tract and environs, and to land required for schools, parks and other public facilities.
- Affected electric and telephone utilities.
- Fire, Police and Ambulance Departments.
- The reviewing offices shall transmit their recommendations in writing to the Community Development Director.
- Community Development Director Review.
- If all requirements of this Chapter have been met, the Community Development Director shall meet with the subdivider to review the plan and approve the Preliminary Plat.
- If the plat is generally acceptable but requires minor revision before preparation of the Final Plat, the Community Development Director shall conditionally approve the Preliminary Plat and specify the conditions of approval in writing to the subdivider.
- If the Community Development Director determines that the plat contains major deficiencies, and if the subdivider agrees to correct such deficiencies, the case may be held over pending revision, resubmission and reprocessing; otherwise, the Community Development Director shall reject the Preliminary Plat. If the Community Development Director rejects the plat, the Community Development Director shall provide the reasons in writing to the subdivider. Thereafter, any new filing of a plat for the same tract, or any part thereof, shall follow normal procedures and be subject to a new filing fee.
- Significance of Approval. (Ord. 1010/8-08)
- Approval of a Preliminary Plat constitutes authorization for the subdivider to proceed with the preparation of the Final Plat and engineering plans. Preliminary approval is valid for a period of twelve (12) months and may be extended once for six (6) months at the discretion of the Zoning Administrator if he/she determines that the subdivision has not been abandoned. The subdivider may submit the Final Plat, or any part thereof, on or before the expiration date. If approval expires prior to filing of Final Plat, the Preliminary Plat shall be resubmitted for approval as a new case, and a new fee paid.
- If the Community Development Director’s review of a resubmitted plat reveals no substantial change from the previously approved Preliminary Plat and that conditions under which previous approval was granted have not changed, the filing fee shall be refunded and the resubmitted plat shall be approved.
- Information Required for Preliminary Submission.
- Form and Scale. Preliminary Plat information shall be presented on one (1) or more plan sheets with written data entered directly thereon or contained in letters attached thereto. All mapped data for the same plat shall be drawn at the same standard engineering scale, said scale have not more than one hundred feet (100’) to the inch.
- Identification Data.
- Proposed subdivision name; location by section, township and range; reference by dimension and bearing to a section corner or one-quarter section corner
- Name, address and phone number of subdivider
- Name, address and phone number of person preparing plat
- Scale, north point and date of preparation including any revision dates.
- Existing Conditions Data.
- Topography by contours, related to USGS survey datum or other datum approved by the Town Engineer, shown on same sheet as the subdivision layout. Contour interval shall usually be: two feet (2’) for grades up to five percent (5%); five feet (5’) for grades of five percent (5%) to ten percent (10%), and ten feet (10’) for grades over ten percent (10%).
- Precise location of water wells; washes and drainage ditches, including direction of flow; location and extent of areas subject to inundation and data regarding frequency of inundation, and the delineation of the 100-Year Flood Boundary and indicating its elevation.
- Location, widths and names of all platted streets, alleys, utility rights-of-way of public record; public areas and permanent structures to be retained within or adjacent to tract.
- Name, book and page numbers of recorded plats abutting the tract or across a boundary street
- Dimensions of tract boundaries and acreage of tract.
- Proposed Conditions Data.
- Street layout, including location and width of all streets, alleys, crosswalks and easements and proposed names of streets
- Lot layout, including scaled dimensions of typical lots; minimum and maximum size lots; number of lots; width and depth of all corner lots and lots on street curves; each lot numbered consecutively and total number of lots; total acreage; proposed density.
- Location, width and proposed use of easements
- Location, extent and proposed use of all land to be dedicated or reserved for public use
- Location and boundaries of all existing and proposed zoning classifications
- Draft of proposed deed restrictions.
- Proposed Utilities. The Preliminary Plat shall include the layout of all proposed utilities. Preliminary drainage calculations and layout of proposed storm drainage system shall be submitted, including location of outlets.
(Ord. 1043\07-09)
HISTORY
Amended by Ord. 1010 on 7/29/2008
Amended by Ord. 1043 on 6/15/2009
Amended by Ord. 1140 on 6/19/2014
Amended by Ord. 1251 on 7/6/2026
This stage includes final design of the subdivision, final engineering of public improvements, submittal of plat and plans by the subdivider, plat review and approval by the Community Development Director. No plat shall be submitted for final approval to the Community Development Director until plans for all off-site improvements have been approved by the Town Engineer.
- Presubmission Requirements.
- Zoning. The Final Plat shall meet all requirements of the zoning district in which it is located; and necessary zoning amendments shall have been adopted by the Council prior to filing of the Final Plat.
- Preparation of Final Plat. The Final Plat shall be in substantial conformance to the approved Preliminary Plat and be prepared in accordance with Section 11-3-4 (E) of this Chapter.
- Easements. Final Plat submission shall include letters signifying approval of utility easements by the public utilities.
- Final Plat Submission. The Final Plat, together with the recordation fee, shall be filed with the Town Clerk. The Clerk shall record the date of filing and immediately transmit the submittal to the Community Development Director. At the time of submission for Final Plat approval, a filing fee shall be paid the amount of which shall be established by council resolution. (Ord. 1140/6-14)
- Final Plat Review.
- The Community Development Director shall check the submittal for completeness: If incomplete, it shall be returned to the Clerk, the filing date shall be voided and the subdivider so notified. If complete and if the Final Plat substantially conforms to the approved Preliminary Plat, the Community Development Director shall approve the final plat, and the Town Clerk shall transcribe a certificate of approval until the plat, first making sure that the other certificates required in Section 11-3-4-(E) of this chapter have been duly executed. (Ord. 933/11-04)
- If, in the opinion of the Community Development Dirctor, the Final Plat does not substantially conform to the approved Preliminary Plat, the Community Development Director the plat shall reject the Final Plat and shall provide the reasons for rejection to the subdivider in writing.
- Final Plat Approval & Recordation. (Ord. 1028/2-09)
- Upon notification the Community Development Director approves the plat, the Town Clerk shall transcribe a Certificate of Approval upon the plat, first making sure that the other certificates required in Section 11-3-4-(E) of this Chapter have been duly executed. (Ord. 933/11-04)
- If the plat is approved, the Town Clerk shall then record the plat in the Maricopa County Recorder’s office. The subdivider shall pay the recordation fees. Two (2) copies of the recorded plat shall be retained in the Community Development Director's file.
- All rights-of-way and improvements intended to be dedicated to the Town for maintenance and operation shall be constructed and/or installed within the time period agreed upon pursuant to an agreement to install improvements as required by Section 11-5-9. Dedications and improvements shall not be considered complete until the Town Council, upon recommendation of the Town Engineer and Public Works Director accepts such dedications and improvements into the Town’s street and utility system. If accepted, the Town Clerk shall then record such dedications and improvements in the Maricopa County Recorder’s office. Engineering plans for required improvements must be submitted within 90 days after approval of the final plat, pursuant to section 11-5-7.
- Information Required for Final Plat Submission.
- Medium of Presentation.
- The Final Plat shall be drawn in India ink on linen, plastic or other non-shrinking material on a sheet or sheets of twenty-four inches (24”) by thirty-six inches (36”) proportions.
- The plat shall be drawn to an accurate scale having not more than one hundred feet (100’) to an inch.
- Copies of the Final Plat shall be reproduced in the form of blueline or black ink prints on a white background.
- Identification Data.
- Name of subdivision and location by section, township, range and county
- Name, address and registration number or seal of the registered professional engineer or registered land surveyor preparing the plat
- Scale, north point and date of plat preparation.
- Survey Data.
- Boundaries of the tract fully balanced and closed, showing all bearings and distances, determined by an accurate survey in the field; all dimensions expressed in feet and decimals thereof
- Any exceptions within the plat boundaries located by bearings and distances expressed in feet and decimals thereof, determined by an accurate survey in the field
- Location and description of cardinal points to which all dimensions, angles, bearings and similar data on the plat are referenced; two (2) corners of the subdivision traverse shall be tied by course and distance to separate section corners or quarter section corners
- Location and description of all physical encroachments upon the boundaries of the tract.
- Establish and permanently set a minimum of one (1) elevation monument for every twenty (20) acres in the proposed subdivision.
- Descriptive Data.
- Name, right-of-way lines, courses, lengths, width of all public streets, alleys, crosswalks, and utility easements; radii points of tangency, and central angles of all curvilinear streets and alleys and radii of all rounded street intersections
- All drainage ways, designated as such and dedicated to the public
- All utility and public service easements, including any limitations of easements; construction within such easements shall be limited to utilities, landscaping and wood, wire or removable section type fences
- Location and all dimensions of all lots
- All lots numbered consecutively throughout the plat; exceptions and tracts shall be dimensioned and identified by letter or number
- Location of all adjoining subdivisions with date, book and page number of recordation noted, or if unrecorded, so marked.
- Any private deed restrictions to be imposed upon the plat or any part thereof, typewritten and attached to the plat and to each copy thereof.
- The Flood Zone as established by the Federal Emergency Management Agency shall be indicated for each lot or parcel within the proposed Subdivision.
- Existing and approved future improvements. Required improvements to be shown on the plat may include streets, utilities, stormwater drainage and retention, recreation and open space facilities, survey monuments, landscaping, streetlights, street and traffic control signs, and fencing. (Ord. 1028/2-09)
- Dedication and Acknowledge. (Ord. 1028/2-09)
- Streets, Rights-Of-Way and Public Easements. Statement of dedication of all streets, alleys, crosswalks, drainage ways and easements for public purposes by the owners and spouses of the owners; if land to be dedicated are mortgaged, the mortgagee shall also sign the plat. Dedication shall include a written description by section, township and range of the tract. If the plat contains private streets, public utilities shall be reserved the right to install and maintain utilities in the street rights-of-way. The Town Engineer shall establish required dedication language.
- Private Utility Easements. All easements required to be dedicated to a private utility shall be identified on the plat. The Final Plat shall contain an offer of dedication for all such easements to the appropriate utility company. Acceptance of such offers shall be the responsibility of the utility company.
- Certifications.
- Certification by the registered professional engineer or registered land surveyor making the plat that it is correct and accurate, and that the monuments described in it have been located as described.
- Certificates of approval by the Community Development Director.
- Certification of recordation by the Maricopa County Recorder.
HISTORY
Amended by Ord. 933 on 11/15/2004
Amended by Ord. 1028 on 2/2/2009
Amended by Ord. 1140 on 6/19/2014
Amended by Ord. 1251 on 7/6/2026
Section 11-4-1 Conform To RequirementsSection 11-4-2 Public SitesSection 11-4-3 Land Unsuitable For Proposed UseSection 11-4-4 Street Location And ArrangementSection 11-4-5 Street DesignSection 11-4-6 Construction Standards And SpecificationsSection 11-4-7 Lot PlanningSection 11-4-8 Easement PlanningSection 11-4-9 Street NamesSection 11-4-10 Street LightsEvery subdivision shall conform to requirements and objectives of the General Plan, or any parts thereof, as adopted by the Council, to the Wickenburg Zoning Code, to other ordinances and regulations of the Town, and the Arizona Revised Statutes, as amended.
Where the tract contains all or any part of the site of a school, park or other public site, as shown on the General Plan or as recommended by the Council, such site shall either be dedicated to the public or reserved for acquisition by the public within a specified period of time. An agreement shall be reached between the subdivider and the appropriate public agency regarding time, method and cost of such acquisition. In the event of failure to reach such agreement within a reasonable period of time for reasons satisfactory to the Council, the Council may determine that requirements of this section have been met.
Land subject to periodic flooding or land which cannot be properly drained or land which, in the opinion of the Community Development Director, is unsuitable for the proposed use, shall not be subdivided; however, the Community Development Director may approve subdivision of such land upon receipt of evidence from a registered civil engineer, that the construction of specific improvements can be expected to render the land useable, in which event construction upon such land shall be prohibited until the specified improvements have been planned in an acceptable manner and construction has been planned in an acceptable manner and construction has been guaranteed. All requirements of the Town’s Floodplain Chapter shall be met.
HISTORY
Amended by Ord. 1251 on 7/6/2026
- Whenever the tract embraces any part of a street designated in the adopted major streets and thoroughfares plan, such street shall be platted in conformity therewith.
- Street layout shall provide for the continuation of existing collector streets in adjacent areas and such other streets as the Community Development Director may designate.
- Whenever the tract is located within an area for which a neighborhood plan has been approved by the Planning Agency, the street arrangement shall conform substantially to that plan.
- Certain proposed streets, as designated by the Community Development Director, shall be extended to the tract boundary to provide future connections with adjoining unplatted lands. In general, these extensions should not be farther apart than the maximum permitted length of a block. (See Section 11-4-5 (E).)
- Local streets shall be so arranged as to discourage their use by traffic originating outside the immediate area.
- When a proposed subdivision abuts or contains an existing or proposed arterial route, the Community Development Director may require marginal access streets or reverse frontage with non-access easements along the arterial route or such other treatment as may be justified for protection of properties from the nuisance and hazard of high volume traffic and for preservation of the traffic function of the arterial route.
- When a residential subdivision abut the right-of-way of a railroad or limited access highway or abuts a commercial or industrial land use, the Community Development Director may recommend location of a street approximately parallel to such right-of-way or use at a distance suitable for appropriate use of intervening land, such distance being determined with due regard for approach grades, drainage, bridges or future grade separations.
- Streets shall be so arranged in relation to existing topography as to produce desirable lots of maximum utility and streets of reasonable gradient, and to facilitate adequate drainage.
- Except where alleys are justified by special conditions, they are not considered appropriate in residential subdivisions; however continuation to a logical outlet of an existing dead end alley in an adjoining subdivision and the extension of an existing alley pattern where underground utilities are located in alleys shall be considered justifying conditions. When alleys are platted, the alley alignment and arrangement shall be such as to provide optimum convenience for truck service circulation and to avoid alley openings opposite fronts of residential lots. Alleys shall be required at the rear of multi-family residential, commercial or industrial developments; except where, in the opinion of the Community Development Director, other provision is made for adequate permanent access for proposes of fire protection, parking and loading.
- Half streets are discouraged except where necessary to provide rights-of-way required by the major streets and thoroughfares plan, to complete a street pattern already begun or to ensure reasonable development of an adjoining unplatted parcel. Where a half street exists abutting the tract and said half street furnishes the sole access to residential lots, the remaining half street shall be platted within the tract.
HISTORY
Amended by Ord. 1251 on 7/6/2026
- Minimum Required Right-of-Way Widths.
- Principal and major arterial rights-of-way shall be determined by the Town Engineer prior to submittal of a Preliminary Plat. The right-of-way requirement shall be based on the standards set forth in the General Plan as mitigated by existing conditions of topography, traffic volume and traffic flow.
- Collector Streets. Sixty feet (60’)
- Local Streets.
- Local streets serving single-family residences only. Fifty feet (50’)
- Local streets serving multi-family, commercial or industrial frontages. Sixty feet (60’)
- Cul-de-sac streets shall terminate in a circular right-of-way fifty feet (50’) radius with an improved traffic turning circle at least forty feet (40’) in radius, or the Community Development Director may approve an alternate, yet equally convenient turn around configuration justified by unique or extraordinary conditions.
- Maximum Length of Cul-De-Sac Streets. Four hundred feet (400’) measured along the street centerline from the intersection of right-of-way lines to the extreme depth of the turning circle.
- Alleys. Sixteen feet (16’) when there is residential property on both sides or twenty feet (20’) when abutting commercial or industrial districts.
- Alley intersections and sharp changes in alignment shall be avoided, but, where necessary, corners shall be cut off ten feet (10’) on each side to permit safe vehicular movement.
- Dead end alleys shall be prohibited.
- All “half” alleys shall have a minimum width of twelve feet (12’).
- Dead End Streets. Dead end streets shall not be approved except in locations designated by the Planning Commission as necessary for connection to adjacent unplatted lands. In any case, a dead-end street serving more than four (4) lots shall provide by easement a temporary turning circle with a forty-foot (40’) radius or other acceptable design to accomplish the same purpose.
- Grades.
- Maximum Grades.
- Collector streets – seven percent (7%)
- Local streets – ten percent (10%).
- Vertical Curves. Collector and local streets minimum length – one hundred feet (100’).
- Horizontal Alignment.
- When tangent centerlines deflect from each other more than ten (10) degrees and less than ninety (90) degrees, they shall be connected by a curve with a minimum centerline radius of five hundred feet (500’) for collector streets, or one hundred fifty feet (150’) for local streets.
- Between reverse curves there shall be a tangent section of centerline not less than one hundred feet (100’) long.
- Streets intersecting an arterial route shall do so at a ninety (90) degree angle; local streets shall typically intersect at right angles, but in no case at less than seventy-five (75) degrees.
- Street jogs with centerline offsets of less than one hundred twenty-five feet (125’) shall be avoided, except where unique or extraordinary conditions may justify modification as approved by the Town Engineer.
- Local streets intersecting a collector street or arterial route shall have a tangent section of centerline at least one hundred fifty feet (150’) in length measured from the right-of-way line of the major street; except that no such tangent is required when the local street curve has a centerline radius greater than four hundred feet (400’) measured from a center located on the major street right-of-way line.
- Street intersections with more than four (4) legs and Y-type intersection with legs meeting at acute angles shall be prohibited.
- Street line intersections shall be rounded by a circular arc having a minimum tangent length of twelve feet (12’).
- Maximum Block Length. Fifteen hundred feet (1500’) measured along the centerline of the street and between intersecting street centerlines; except in subdivisions where lot areas average one half (1/2) acre or more, this maximum may be exceeded by five hundred feet (500’).
HISTORY
Amended by Ord. 1251 on 7/6/2026
All construction within the public right-of-way shall conform to the latest edition of the Uniform Standard Details for Public Works Construction and the Uniform Standard Specifications for Public Works Construction published by the Maricopa Association of Governments (MAG).
- Lot Width, Depth and Area.
- Lot width, depth and area shall comply with the minimum requirements of the Zoning Code; however, where drainage problems exist or prevail, the Community Development Director may require special lot width, depth and area exceeding minimum requirements of the zoning district.
- Depth to width ratio of the useable area of a lot shall usually be not greater than three (3) to one (1).
- Side lot lines shall be substantially at right angles or radial to street lines, except where other treatment can be justified.
- Every lot shall abut upon a public street furnishing satisfactory access to another existing public street; except that where special circumstances justify, private streets may be permitted provided that they are constructed to standards acceptable to the Community Development Director, are contained in a permanent private easement and responsibility for continued maintenance in vested in a corporation of lot owners.
- Single-family residential lots extending through the block and having frontage on two (2) non-intersecting streets shall be prohibited. Reverse frontage along any street shall be prohibited except where expressly permitted in accordance with Section 11-4-4 (F) of this Code or where otherwise justified in the opinion of the Community Development Director.
HISTORY
Amended by Ord. 1251 on 7/6/2026
- Utility Easements. Easements for utilities shall be provided as follows:
- General. (Ord. 1043/7-09)
- Where alleys are provided – four feet (4’) for aerial overhang on each side of alley, provided for by dedication but not delineated on plat.
- Where no alley in provided – six feet (6’) on each side of rear lot lines.
- Along side lot lines – six feet (6’) on each side of lot lines for distribution facilities and, when determined necessary by the public utility, one foot (1’) on each side of lot lines for street lighting.
- Guy and anchor easements – one foot (1’) on each side of a lot line and approximately thirty-five feet (35’) in length measured from the rear lot line in locations designated by the public utility.
- Easement Design. For lots facing on curvilinear streets, utility easements or alleys shall usually consist of a series of straight lines with points of deflection not less than one hundred twenty feet (120’) apart, said paints of deflection always occurring at the junction of side and rear lot lines on the side of the exterior angle; however, curvilinear easements or alleys may be employed, providing that the minimum radii of centerlines are not less that eight hundred feet (800’).
- Drainage. Where an important surface drainage course abuts or crosses the tract, dedication of a public drainage way of a width sufficient to permit widening, deepening, relocating, or protecting such drainage course shall be required.
- Usable Lot Area. Land within a public street or drainage way, or land within an easement for major power transmission (tower) lines or pipelines shall not be considered a part of the usable lot area except where lots exceed one-half (1/2) acre in area; provided that this shall not be applicable to land included in utility easements for distribution or service purposes.
- Non-Access Easements. Lots arranged to back to major streets, railroads or commercial or industrial districts, as provided in Section 11-4-4 (F), shall have a recorded non-access private easement one foot (1’) wide along the rear lot line.
- Trail Easements. Easements for trails shall be provided as follows:
- General. Non-motorized trail easements shall be dedicated for non-motorized public use.
- Requirements. Trail easements shall be required only in existing washes and suitable terrain.
HISTORY
Amended by Ord. 1043 on 6/15/2009
Street names shall be consistent with the natural alignment and extension of existing named streets; new street names shall not duplicate or be closely similar to any existing street name.
Street lights are required in all subdivisions in accordance with the adopted Street Light Policy of the Town and as specified in the Schedule of Improvements charted in Article 11-5 or as required by the Town Engineer for vehicular or pedestrian safety and at all intersections which involve arterial or collector streets.
Section 11-5-1 PurposeSection 11-5-2 Responsibility For ImprovementsSection 11-5-3 Engineering PlansSection 11-5-4 Construction And InspectionSection 11-5-5 Required ImprovementsSection 11-5-6 Lift Stations, Septic Tanks And Water SupplySection 11-5-7 Final Plat SubmittalSection 11-5-8 Schedule Of Improvement Requirements For SubdivisionsSection 11-5-9 Agreement To Install ImprovementsSection 11-5-10 Final Acceptance And Dedication Of Street, Utility And Public ImprovementsIt is the purpose of this Article to establish in outline the minimum acceptable standards for improvement of public streets and utilities, to define the responsibility of the subdivider in the planning, construction and financing of public improvements and to establish procedures for review and approval of engineering plans.
- The planning, construction and financing of all required sidewalks, curbs, gutters, pavement, sanitary sewers, storm sewers, water mains, fire hydrants, drainage structures, trail easements and street lights shall be the responsibility of the subdivider and shall comply with public improvement standards approved by the Town. The Town will not consider allowing a subdivider to meet the requirements for this Section by participation in a Town Improvement District. (Ord 1043/7-09)
- Schedule of Required Improvements. Improvements required by this Section shall be set forth according to the schedules in Section 11-5-8 of this Chapter.
- Ribbon curbs shall be allowed in subdivisions having a minimum lot size of 21,500 square feet when, in the opinion of the Community Development Director, they are the preferable curb system in terms of drainage and the use of ribbon curbs will not compromise the function or structural integrity of the roadway, nor unnecessarily create additional maintenance costs for the Town. The subdivider shall be responsible for providing the necessary engineering documentation to support the use of ribbon curbs.
HISTORY
Amended by Ord. 1043 on 6/15/2009
Amended by Ord. 1251 on 7/6/2026
- The subdivider shall be responsible for having a registered engineer prepare a complete set of engineering plans, satisfactory to the Town Engineer, for construction of required improvements. Such plans shall be based on the approved Preliminary Plat and be prepared in conjunction with the Final Plat. The engineer shall not be the Town Engineer nor any engineer retained by or operating as an independent contractor of behalf of the Town. Engineering plans shall have been approved by the Town Engineer prior to approval of the Final Plat and shall be within specifications of the Town and in accordance with good engineering practices.
- The subdivider shall pay a Plan Review Fee as established by Resolution of the Town Council. Said fees shall be paid upon submittal of the plans.
(Ord. 1010/8-08)
HISTORY
Amended by Ord. 1010 on 7/29/2008
- All improvements in the public right-of-way shall be constructed under inspection and approval of the Town Engineer. Construction shall not commence until a Permit has been issued for such construction, and if work has been discontinued for any reason, it shall not be resumed until after notifying the Town Engineer in advance.
- All underground utilities to be installed in streets shall be constructed prior to the surfacing of such streets. Service stubs to platted lots within the subdivision for underground utilities shall be placed to such length as to avoid disturbance of street improvements when service connections are made.
Street and utility improvements shall be designed and constructed in compliance with adopted public improvements standards and in accordance with the adopted schedule of improvement requirements.
- The use of lift stations in approved sewer systems may be allowed in accordance with the following standards and requirements:
- All lift stations shall be Gorman-Rupp or equivalent as approved by the Town Engineer and Public Works Director.
- Lift stations shall be designed and sized to serve the sewer service area defined by the Master Sewer Plan or as otherwise required by the Public Works Director and the Town Engineer.
- All lift station installations shall be covered by a comprehensive warranty by the developer or the manufacturer for a minimum period of one (1) year.
- The developer shall provide the Town with a back up motor and pump prior the final sign off by the Town for the Arizona State Department of Real Estate.
- The septic tanks may be utilized in subdivisions consisting of lots with a minimum size of one (1) acre in accordance with the following:
- When the cost of extending the sewer to the project site is four (4) times the cost of installing septic and dry sewer systems.
- A Hydro-Geologic Study has been completed and sealed by a registered hydro-geologist or other qualified professional registrant which finds that the area to be subdivided can accommodate septic systems without posing a threat to the groundwater.
- That the installation of a septic system is prohibited within the area delineated by the Well Head Protection Program as a Well Head Protection Zone.
- That all requirements of the Maricopa County Health Department regarding the installation of septic tanks shall be complied with.
- That in any subdivision with a minimum lot size of one (1) acre which utilizes septic systems, a dry sewer shall also be installed. Upon approval of the Town’s Public Works Director and Engineer, Polyvinyl Chloride (PVC) pipe may be utilized in conformance with Maricopa Association of Governments (MAG) Standard Details and Specifications for Public Works Construction.
- Subdivisions with a minimum lot size as restricted by zoning to 175,000 square feet may utilize septic systems in accordance with Paragraphs 2 through 4 of this Subsection. (Ord. 882/6-02)
- All subdivisions, except those having a minimum lot size of 175,000 square feet as restricted by zoning shall be served by the Town’s water system. Subdivisions that are restricted by zoning to a minimum lot area of 175,000 square feet may utilize shared private wells upon approval of a Fire Protection Plan as recommended to the Town Council by the Wickenburg Fire Chief. (Ord. 882/6-02)
The subdivider shall provide facilities for an adequate water supply for fire flow to the subdivision in accordance with the Town’s Fire Code. If the facilities are not directly connected to the Town Water System, such facilities shall be adequate to deliver throughout the subdivision a minimum 1,000 gallons per minute for a thirty (30) minute duration and shall include a backup power source. Fire flow requirements may be decreased by fifty percent (50%) if an approved automatic fire sprinkler system is installed in all units in the subdivision. (Ord. 1020/12-08)
HISTORY
Amended by Ord. 882 on 5/1/2002
Amended by Ord. 1020 on 11/3/2008
Two (2) sets of engineering plans and specifications for the installation of required streets, sewer, electric and water utilities; drainage; streetlights; flood control; adequacy of water and improvements shall be filed with the Town Engineer simultaneously with filing of the Final Plat. Plans shall be reviewed by the Town Engineer and a Certificate of Approval filed with the Town Clerk prior to recordation of the plat. If engineering plans have not been approved within ninety (90) days after approval of the Final Plat, the Community Development Director may require that the Final Plat be resubmitted.
HISTORY
Amended by Ord. 1251 on 7/6/2026
- TYPE "A" DEVELOPMENT. All multi-family residential developments and motels, which constitute, or are located in, a subdivision.
REQUIRED STREET IMPROVEMENTS- COLLECTOR STREETS
- Sixty (60) foot right-of-way; forty (40) foot pavement measured back to back of curb; twenty-four (24) inch vertical curb and gutter.
- Five (5) foot concrete sidewalks.
- MINOR STREETS
- Sixty (60) foot right-of-way; forty (40) foot pavement measured back to back of curb; twenty-four (24) inch vertical curb and gutter.
- Four (4) foot concrete sidewalks.
- CUL-DE-SAC STREETS (Ord. 903/8-03)
- Fifty-foot (50’) right-of-way radius with a paved turning circle having a radius of thirty-seven-and one-half feet (37.5’) to face of curb for a curb face to curb face diameter of seventy-five feet (75’). Twenty-four inch (24”) vertical curb and gutter.
- Four (4) foot concrete sidewalks.
- ALLEYS
- Sixteen (16) foot right-of-way; sixteen (16) foot pavement width with normal or inverted crown depending on drainage needs.
- STREET AND LOT GRADING; CURB & GUTTER; PAVEMENT; SIDEWALKS: all per adopted standard details and specifications.
- STREET SIGNS to be placed at all intersections upon completion of pavement; per adopted standard details and specifications.
- MONUMENTS: permanent monuments shall be installed at all corners, angle points, points of curve, and street intersections. After installation of all improvements, subdivider shall have registered engineer or land surveyor check location of monuments and certify as to their accuracy.
- CORNER MARKERS: iron pipe shall be set at all corners, angle points and points of curve for each lot prior to plot recordation.
- STREET LIGHTING: in accordance with Section 11-4-10.
REQUIRED UTILITY IMPROVEMENTS- SEWAGE DISPOSAL: Public system per adopted standard details and specifications
- WATER SUPPLY: Public system per adopted standard details and specifications
- STORM DRAINAGE:
- Underground collection system discharging into dedicated surface drainage ways or underground drains; per adopted standards and specifications as determined appropriate for the individual development by the Town Engineer.
- All existing streets within or abutting the plat shall be drained to acceptable outlet; all drains shall be within dedicated public easements.
- TYPE "B" DEVELOPMENT. All single-family developments having a lot area less than 21,500 square feet; all two-family developments and mobile home subdivisions.
REQUIRED STREET IMPROVEMENTS- COLLECTOR STREETS
- Sixty (60) foot right-of-way; forty (40) foot pavement measured back to back of curb; twenty-four (24) inch vertical curb and gutter.
- Five (5) foot concrete sidewalks.
- MINOR STREETS
- Fifty (50) foot right-of-way; thirty-two (32) foot pavement measured back to back of curb; twenty-four (24) inch vertical curb and gutter.
- Four (4) foot concrete sidewalks.
- CUL-DE-SAC STREETS (Ord. 903/8-03)
- Fifty-foot (50’) right-of-way radius with a paved turning circle having a radius of thirty-seven-and one-half feet (37.5’) to face of curb for a curb face to curb face diameter of seventy-five feet (75’). Twenty-four inch (24”) vertical curb and gutter.
- Four (4) foot concrete sidewalks.
- ALLEYS - Prohibited
- STREET AND LOT GRADING; CURB & GUTTER; PAVEMENT; SIDEWALKS: all per adopted standard details and specifications.
- STREET SIGNS to be placed at all intersections upon completion of pavement; per adopted standard details and specifications.
- MONUMENTS: permanent monuments shall be installed at all corners, angle points, points of curve, and street intersections. After installation of all improvements, subdivider shall have registered engineer or land surveyor check location of monuments and certify as to their accuracy.
- CORNER MARKERS: iron pipe shall be set at all corners, angle points and points of curve for each lot prior to plot recordation.
- STREET LIGHTING: in accordance with Section 11-4-10
REQUIRED UTILITY IMPROVEMENTS- SEWAGE DISPOSAL: Public system per adopted standard details and specifications
- WATER SUPPLY: Public system per adopted standard details and specifications
- STORM DRAINAGE:
- Underground collection system discharging into dedicated surface drainage ways or underground drains; per adopted standards and specifications as determined appropriate for the individual development by the Town Engineer.
- Surface collection system discharging into dedicated surface drainage ways per adopted standards and specifications.
- All existing streets within or abutting the plat shall be drained to acceptable outlet; all drains shall be within dedicated public easements.
- TYPE "C" DEVELOPMENT. All single-family residential developments having a minimum lot area exceeding 21,500 square feet.
REQUIRED STREET IMPROVEMENTS- COLLECTOR STREETS
- Sixty (60) foot right-of-way; forty (40) foot pavement measured back to back of curb; twenty-four (24) inch vertical curb and gutter.
- Five (5) foot concrete sidewalks.
- MINOR STREETS
- Fifty (50) foot right-of-way; thirty-two (32) foot pavement measured back to back of curb; twenty-four (24) inch vertical curb and gutter, or Ribbon Curb in accordance with Section 11-5-2,C.
- CUL-DE-SAC STREETS (Ord. 903/8-03)
- Fifty-foot (50’) right-of-way radius with a paved turning circle having a radius of thirty-seven-and one-half feet (37.5) to face of curb for a curb face to curb face diameter of seventy-five feet (75’). Twenty-four inch (24”) vertical curb and gutter or ribbon curb in accordance with Section 11-5-2-C.
- ALLEYS - Prohibited
- STREET AND LOT GRADING; CURB; OR CURB & GUTTER; PAVEMENT all per adopted standard details and specifications.
- SIDEWALKS: required for all Collector Streets; optional for minor streets and cul-de-sac streets.
- STREET SIGNS to be placed at all intersections upon completion of pavement; per adopted standard details and specifications.
- MONUMENTS: permanent monuments shall be installed at all corners, angle points, points of curve, and street intersections. After installation of all improvements, subdivider shall have registered engineer or land surveyor check location of monuments and certify as to their accuracy.
- CORNER MARKERS: iron pipe shall be set at all corners, angle points and points of curve for each lot prior to plot recordation.
- STREET LIGHTING: in accordance with Section 11-4-10
REQUIRED UTILITY IMPROVEMENTS- SEWAGE DISPOSAL: Public system per adopted standard details and specifications
- WATER SUPPLY: Public system per adopted standard details and specifications
- STORM DRAINAGE:
- Surface collection system discharging into dedicated surface drainage ways per adopted standards and specifications.
- All existing streets within or abutting the plat shall be drained to acceptable outlet; all drains shall be within dedicated public easements.
- TYPE "D" DEVELOPMENT. All single-family residential developments having a minimum lot area of 35,000 square feet and zoned R1-35.
REQUIRED STREET IMPROVEMENTS- COLLECTOR STREETS
- Sixty (60) foot right-of-way; forty (40) foot pavement measured back to back of curb; twenty-four (24) inch vertical curb and gutter.
- Five (5) foot concrete sidewalks.
- MINOR STREETS
- Fifty (50) foot right-of-way; thirty-two (32) foot pavement width measured back to back of curb; twenty-four (24) inch vertical curb and gutter, or Ribbon Curb in accordance with Section 11-5-2,C.
- CUL-DE-SAC STREETS (Ord. 903/8-03)
- Fifty-foot (50’) right-of-way radius with a paved turning circle having a radius of thirty-seven-and one-half feet (37.5) to face of curb for a curb face to curb face diameter of seventy-five feet (75’). Twenty-four inch (24”) vertical curb and gutter or ribbon curb in accordance with Section 11-5-2-C.
- ALLEYS - Prohibited
- STREET AND LOT GRADING; CURB; OR CURB & GUTTER; PAVEMENT all per adopted standard details and specifications.
- SIDEWALKS: required for all Collector Streets; optional for minor streets and cul-de-sacs
- STREET SIGNS to be placed at all intersections upon completion of pavement; per adopted standard details and specifications.
- MONUMENTS: permanent monuments shall be installed at all corners, angle points, points of curve, and street intersections. After installation of all improvements, subdivider shall have registered engineer or land surveyor check location of monuments and certify as to their accuracy.
- CORNER MARKERS: iron pipe shall be set at all corners, angle points and points of curve for each lot prior to plot recordation.
- STREET LIGHTING: not required
REQUIRED UTILITY IMPROVEMENTS- SEWAGE DISPOSAL: Public system per adopted standard details and specifications or as otherwise stipulated in Section 11-5-6,B., for lots having a minimum area of 43,560 square feet.
- WATER SUPPLY: Public system per adopted standard details and specifications
- STORM DRAINAGE:
- Surface collection system discharging into dedicated surface drainage ways per adopted standards and specifications.
- All existing streets within or abutting the plat shall be drained to acceptable outlet; all drains shall be within dedicated public easements.
- TYPE "E" DEVELOPMENT. All single-family residential subdivisions having a minimum lot area of five (5) acres or more, but not restricted to said area by zoning.
REQUIRED STREET IMPROVEMENTS- COLLECTOR STREETS
- Sixty (60) foot right-of-way; forty (40) foot pavement measured back to back of curb; twenty-four (24) inch vertical curb and gutter.
- MINOR STREETS
- Fifty (50) foot right-of-way; thirty-two (32) foot pavement measured back to back of curb; twenty-four (24) inch vertical curb and gutter, or Ribbon Curb in accordance with Section 11-5-2,C.
- CUL-DE-SAC STREETS (Ord. 903/8-03)
- Fifty-foot (50’) right-of-way radius with a paved turning circle having a radius of thirty-seven-and one-half feet (37.5) to face of curb for a curb face to curb face diameter of seventy-five feet (75’). Twenty-four inch (24”) vertical curb and gutter or ribbon curb in accordance with Section 11-5-2-C.
- ALLEYS - Prohibited
- STREET AND LOT GRADING; CURB; OR CURB & GUTTER; PAVEMENT all per adopted standard details and specifications. Ribbon curb may be used as approved by Town Engineer.
- SIDEWALKS: required for all Collector Streets; optional for minor streets and cul-de-sacs.
- STREET SIGNS to be placed at all intersections upon completion of pavement; per adopted standard details and specifications.
- MONUMENTS: permanent monuments shall be installed at all corners, angle points, points of curve, and street intersections. After installation of all improvements, subdivider shall have registered engineer or land surveyor check location of monuments and certify as to their accuracy.
- CORNER MARKERS: iron pipe shall be set at all corners, angle points and points of curve for each lot prior to plot recordation.
- STREET LIGHTING: not required
REQUIRED UTILITY IMPROVEMENTS- SEWAGE DISPOSAL: Public system per adopted standard details and specifications or as otherwise stipulated in Section 11-5-6.
- WATER SUPPLY: Public system per adopted standard details and specifications
- STORM DRAINAGE:
- Surface collection system discharging into dedicated surface drainage ways per adopted standards and specifications.
- All existing streets within or abutting the plat shall be drained to acceptable outlet; all drains shall be within dedicated public easements.
- TYPE "F" DEVELOPMENT. All single-family residential subdivisions restricted by zoning to a minimum lot area of 175,000 square feet. (Ord. 882/6-02)
REQUIRED STREET IMPROVEMENTS- COLLECTOR STREETS
- Sixty (60) foot right-of-way; forty (40) foot pavement measured back to back of curb; twenty-four (24) inch vertical curb and gutter.
- MINOR STREETS
- Fifty (50) foot right-of-way; thirty-six (36) foot road bed; twenty-eight (28) foot paving width with Maricopa Edge having a minimum width of twelve (12) inches, minimum depth of eight (8) inches, and a minimum base width of six (6) inches (reference MAG Standard Detail No. 201). All driveways shall be paved between the edge of the paved roadway and the right-of-way line. Curb and gutter shall be provided for the length of the driveway, with a twenty (20) foot radius and extending along edge of paved roadway from point of tangency for a minimum distance of twenty (20) feet. Curb or curb and gutter as required by the Town Engineer and Public Works Director for drainage and erosion control.
- CUL-DE-SAC STREETS (Ord. 903/8-03)
- Fifty-foot (50’) right-of-way radius with a paved turning circle having a seventy-five-foot (75’) diameter with Maricopa Edge. Curbing or curb and gutter as required by the Town Engineer and Public Works Director.
- ALLEYS - Prohibited
- STREET AND LOT GRADING; CURB; OR CURB & GUTTER; PAVEMENT: as per adopted standard details and specifications. May use Maricopa Edge as approved by the Town Engineer and Public Works Director.
- SIDEWALKS: required for all Collector Streets; optional for minor streets and cul-de-sacs.
- STREET SIGNS to be placed at all intersections upon completion of pavement; per adopted standard details and specifications.
- MONUMENTS: permanent monuments shall be installed at all corners, angle points, points of curve, and street intersections. After installation of all improvements, subdivider shall have registered engineer or land surveyor check location of monuments and certify as to their accuracy.
- CORNER MARKERS: iron pipe shall be set at all corners, angle points and points of curve for each lot prior to plot recordation.
- STREET LIGHTING: not required
REQUIRED UTILITY IMPROVEMENTS (Ord. 882/6-02)- SEWAGE DISPOSAL: Public system per adopted standard details and specifications or septic systems in accordance with Section 11-5-6.
- WATER SUPPLY: Public system per adopted standard details and specifications or shared private wells in accordance with Section 11-5-6.C.
- EASEMENTS: All subdivisions that may be approved without sewer or water in accordance with Section 11-5-6.B and C., of this Code shall provide necessary utility easements as determined by the Town across the property to accommodate future development as it may occur on adjacent or nearby parcels.
- STORM DRAINAGE:
- Surface collection system discharging into dedicated surface drainage ways per adopted standards and specifications.
- All existing streets within or abutting the plat shall be drained to acceptable outlet; all drains shall be within dedicated public easements.
HISTORY
Amended by Ord. 882 on 5/1/2002
Amended by Ord. 903 on 9/4/2003
- Upon approval of the Final Plat, the subdivider shall execute and file an agreement between the Subdivider and the Town specifying the period within which the subdivider or the subdivider's agent or contractor will complete all required improvements to the satisfaction of the Town Engineer. The agreement shall provide for inspection of all improvements by the Town Engineer and payment by the subdivider of the actual cost of such inspections. The subdivider shall deposit with the Town an amount of money equal to the estimated actual cost of making the required inspections. If the actual cost of making the inspections is less than the amount deposited by the subdivider, the balance shall be returned to the subdivider. If the actual cost of making the inspections is greater than the estimated cost of making the inspections, the subdivider agrees to pay to the Town the balance of the actual cost of making the inspections.
- The agreement may also provide for construction of improvements and units and for an extension of time under specified conditions; provided the subdivider shall post a performance bond, assurance or other security as may be appropriate and necessary to insure installation of the required street, sewer, electric and water utility; drainage; street lighting; flood control and improvements meeting established minimum standards of design and construction.
HISTORY
Amended by Ord. 1251 on 7/6/2026
- All street, utility and public improvements intended to be dedicated to the Town for maintenance and operation shall not be considered complete until the Town Council, upon recommendation of the Town Engineer and Public Works Director, accepts such dedications and improvements into the Town’s street and utility system. If accepted, the Town Clerk shall then record such dedications and improvements in the Maricopa County Recorder’s office. Engineering plans for required improvements must be submitted within ninety (90) days after approval of the Final Plat, pursuant to Section 11-5-7.
- A one (1) year warranty period exists from the date of final acceptance, during which the developer/owner is responsible for making any repairs or replacement at its expense. A maintenance bond in the amount of ten percent (10%) of the cost of the street, utility and public improvements shall be submitted by the developer/contractor prior to issuance of the final acceptance letter. Upon completion of the warranty period, assuming there is no outstanding warranty claim, the maintenance bond will be released.
(Ord. 1028/2-09)
HISTORY
Amended by Ord. 1028 on 2/2/2009
Section 11-6-1 PurposeSection 11-6-2 GeneralSection 11-6-3 Permits Required And ExceptionsSection 11-6-4 Grading Permit Limitations And ConditionsSection 11-6-5 Engineering Review FeesSection 11-6-6 Drainage ReportSection 11-6-7 Construction DetailsSection 11-6-8 Inspection And SupervisionSection 11-6-9 Design StandardsSection 11-6-10 Responsibility Of PermitteeSection 11-6-11 Modification Of Approved PlansSection 11-6-12 Completion Of Work
(Ord. 1046/9-09)
HISTORY
Amended by Ord. 1046 on 9/21/2009
The purposes of this Article are:
- To provide for the public health, safety and general welfare of the residents of the Town by setting forth procedures to obtain permits for grading and drainage in subdivisions in the Town.
- To protect the environment by regulating excavation and grading on property.
- To reduce aggradations of waterways and siltation of flood control structures while preserving and enhancing the natural environment including, but not limited to, the natural landforms and vegetation in the Town.
- To minimize loss of life and property through the careful regulation of development.
- To protect existing watersheds, natural waterways, and minimize soil erosion.
- To ensure that all new development is free from adverse drainage conditions.
- To encourage the preservation of the existing landscape by maximum retention of natural topographic features and to minimize the scarring of hillside construction.
- Scope and Application.
- All excavation and grading in subdivisions in the Town shall be performed in accordance with the provisions of this Article, provided however that nothing in this Article shall prevent the enforcement of other laws which prescribe more restrictive limitations, nor shall the provisions of this Article waive any limitations imposed by other statutes or ordinances.
- This Article shall be used with the Drainage Design Manuals for Maricopa County - Hydrology, Hydraulics and Erosion Control; and the Yavapai County Drainage Criteria Manual. The objective of the Drainage Design Manuals for Maricopa and Yavapai County is to provide technical guidance for storm drainage facilities. In case of conflict, the requirements of this Article shall govern.
- A grading permit shall be obtained prior to the issuance of a building permit for all physical improvements associated with single-phased projects or for the first phase of multi-phased projects issued by the Town in accordance with applicable Town standards. Complete development and site plan approval on proposed projects in their entirety is required. The Town Engineer or Flood Plain Manager will make the determination that the grading will not adversely impact the natural conveyance of the drainage system or adjoining property if no application is required.
- Permit Requirements. Except as provided in Section 11-6-3, Subsection C Exceptions, no person shall commence grading, excavations or fills without first obtaining a grading permit from the Community Development Department/Planning and Building Department.
- Plans and Specifications. Each application for a grading permit shall be accompanied by two (2) sets of plans and specifications prepared and signed by an Arizona Registered Civil Engineer and shall include supporting data consisting of a soil engineering report prepared and signed by an Arizona Registered Civil Engineer.
- Information on Plans and Specifications. Plans shall be drawn to scale and supplemented with a bar-graph to preclude changes via enlargements or reductions upon substantial paper or Mylar, and stored on computer diskettes as specified by the Town. Plans shall be of sufficient clarity to indicate the nature and extent of work proposed and show in detail that it will conform to the provisions of this Article and all relevant laws, codes, rules and regulations. The first sheet of each set of plans shall give the location of the work, the name and address of the property owner, and the person by whom they were prepared. The Town shall not accept plans that are excessively smudged or poorly printed or drawn. The plans shall include, at a minimum, the following information:
- Specific location, assessor tax parcel number(s) and zoning district classification.
- Property limits and two-foot contour intervals of existing ground or as determined by the Town Engineer; and details of terrain and area drainage with a north indicating arrow.
- Limiting dimensions, elevations, slopes and finish contours or elevations to be achieved by the grading and proposed drainage channels and related construction.
- Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drainage system.
- Location and floor elevations of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent property owners, which are within fifty feet (50’) of the property or which may be affected by the proposed grading operation.
- Location and specification of temporary traffic and parking surfaces complying with the dust control permit of the county.
- A site plan in map view with perpendicular cross sections reflecting, center line of street, gutter, curb, lot, pad, finished floor, basement, garage, fencing and drainage swales and/or openings in fence.
- Soil Engineering Report. The soil engineering report, when required by Section 11-6-2, Subsection B shall include data regarding the: 1. Nature, distribution and strength of existing soil and rock; 2. Geologic factors affecting stability and safety; and 3. Conclusions and recommendations for grading requirements and design criteria for corrective measures of weak and/or unstable conditions including buttress fills when necessary, opinions and recommendations, covering adequacy of sites to be developed by the proposed grading, including stability of slopes.
- Storm Drainage Precautions. All applications for a grading permit shall include a safety plan to provide adequate erosion control as per the National Pollution Discharge Elimination System (NPDES) program and/or drainage devices, debris basins or other safety devices to protect the life, limb, health, property and welfare; and private and public property of others from damage of any kind. No permit shall issue without Town approval of a Storm Drainage Safety plan.
- Modification of Proposed Work. The Town may require grading operations and project designs to be modified if weather-generated problems occur that were not considered at the time the grading permit was issued.
- Storm Drainage Requirements. All development within subdivisions in the Town shall provide engineered storm drainage improvements necessary to insure that the development is safe from inundation from the design storm, and that adjoining properties are not adversely impacted by the proposed development. Peak runoff flow from a 100-year, 2-hour storm shall not exceed pre-development runoff. Any site that ultimately drains to a flood control structure that is currently owned and operated by the Flood Control District of Maricopa County shall not have the peak flow and total volume of runoff exceed pre-development conditions.
- Minor Modifications. The Town Engineer may grant minor modifications to the provisions of this Article and amendments relating thereto when there exists an unnecessary hardship substantially limiting the preservation and enjoyment of property rights and resulting from a literal interpretation of this Article and amendments relating thereto. Minor modifications shall not be authorized unless it is found that:
- Special circumstances or conditions apply to the property; and
- Authorizing of the minor modification is necessary for the preservation and enjoyment of substantial property rights; and
- Authorizing of the minor modification will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general; and
- Authorizing the minor modification will not have a detrimental effect on any Flood Control system or structure as established by the Town of Wickenburg, Maricopa County or Yavapai County; and
- Granting of the minor modification will be in harmony with the purposes sought to be attained by this Article and amendments relating thereto.
If in the opinion of the Town Engineer, the modification is not justified, the applicant may appeal the decision to the Board of Adjustment. In order to reverse the determination by the Town Engineer, the Board shall make a finding that includes 1 through 5 above and includes the technical and factual detail upon which the reversal is based. - Hazardous Conditions. Whenever the Town determines that any existing excavation, embankment or fill has become a hazard to life and limb, endangers property, or adversely affects the safety, use or stability of a public way or drainageway, such condition shall be deemed a nuisance and the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Town shall, within the period specified, therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this Article.
If the person or agent in control of the property fails to repair or eliminate such nuisance within the time specified in the notice from the Town, the Town is authorized to abate such nuisance by following the procedures set forth in Article 10-4 of the Town Code.
- Drainage.
- Any alterations to existing natural drainage systems shall meet the requirements of the Drainage Design Manuals for Maricopa County - Hydrology, Hydraulics and Erosion Control; and the Yavapai County Drainage Criteria Manual. The Town may determine if it is necessary to reinforce the stability of such drainage if in the opinion of the Town Engineer or Building Official there are signs of erosion or where the proposed development may add water runoff greater than current levels.
- Except in cases of bedrock-bottomed drainage, the slope of a new or relocated drainageway shall be a minimum of one (1) foot in one hundred (100) feet (1 percent slope). Side slopes of new or relocated drainage shall not exceed a ratio of three (3) horizontal to one (1) vertical.
- New drainage or relocated drainage shall be designed with slope rounding to blend with natural contours. New or relocated drainage shall be designed to blend with the natural terrain. In most cases, this shall mean a curvilinear watercourse. New or relocated drainage shall be designed to vary in width or depth similar to natural drainages.
- Filling and Excavation.
- No person shall do any grading, filling, excavating, cutting or other site earthwork without first having obtained a grading permit. To obtain a grading permit, the applicant shall submit plans; drawings; engineering studies; supporting data, including the quantity of cut and the quantity of fill; and such other information as required by the Town. The information and documentation shall clearly indicate the extent and nature of the work proposed, and the location of any temporary construction envelope fences required to be erected. All submitted documentation must meet Town requirements and be approved by Town staff before a permit is issued by the Town, (except where a building permit may be issued and a grading permit is not required).
- A grading permit issued for grading, filling, excavating, cutting or other site earthwork shall comply with the requirements of this Article.
- Upon issuance of a grading permit, all earthwork shall be completed within six (6) months or diligently pursued. Two additional extensions of six (6) months may be applied for with the permission of the Zoning Administrator, as per Section 11-6-4, Subsection C.
- Exceptions.
- The following activities may be conducted without formal issuance of a grading permit:
- A fill less than two (2) feet in depth and placed on natural terrain with a slope flatter than five (5) feet horizontal to one (1) foot vertical and not intended to support structures and which, in either case, shall not obstruct a drainage course.
- Grading by a Public Utility Company in private easements that do not obstruct a natural water course.
- Sanitary landfills and refuse disposal areas which are regulated by the Maricopa and Yavapai County Health Departments.
- Excavations performed in drilling water supply wells and septic systems.
- An excavation which does not exceed fifty (50) cubic yards, does not obstruct a drainage course, and:
- Is less than two (2) feet in depth, or
- Which does not create a cut slope greater than five (5) feet in height and steeper than three (3) horizontal to one (1) vertical.
- Unless otherwise expressly provided herein, a grading permit shall not be required for the following:
- Existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land or building or structure is discontinued for twelve months, or is destroyed to the extent of fifty percent of its value, as determined by a competent appraiser, any further use shall comply with this Article.
- Reasonable repair or alteration of property for the purposes for which the property was legally used on (date of adoption) except that any alteration, addition or repair to a nonconforming building or structure which would result in increasing its flood damage potential shall be either flood proofed or elevated to or above the regulatory flood elevation.
- Reasonable repair of structures constructed with the written authorization required by A.R.S. §48-3613.
- Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to A.R.S. Title 40, Chapter 2, Article 6.2 (Power Plant and Transmission Line Siting Committee).
- The Town may issue a building permit without a grading permit for additions to, or enlarging an existing building or for a new single family residence in a drainageway or floodplain in a subdivision recorded prior to November 1, 1977, provided the building floor elevation is set not less than fourteen inches (14”) above the outfall of the lot and the minimum height necessary for floodplain management, provided such permit has been approved by the Town.
- Written authorization shall not be required, nor shall the Town prohibit:
- The construction of bridges, culverts, dikes and other structures necessary to the construction of public highways, public roads and any streets intersecting a watercourse.
- Any flood control district, county, town or other political subdivision from exercising powers granted to it under A.R.S. Title 48, Chapter 21 (Flood Control Districts).
- The construction of streams, waterways, lakes and other auxiliary facilities in conjunction with the development of public parks and recreation facilities by a federal or state public agency or a political subdivision of the State of Arizona.
- Before any construction authorized by this subsection may begin, construction plans shall be approved by the Town Engineer and as appropriate the Maricopa and Yavapai County Flood Control Districts. These exceptions do not preclude any person and/or agency from liability if their actions increase flood hazards to any other person or property.
- Neither the issuance of a building permit under the provisions of this Article, nor compliance with the provisions hereof, or with any conditions imposed in the building permit, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the Town for damage to other persons or property.
- Authorization.
- The issuance of a grading permit shall constitute authorization to do only that work, which is described or illustrated on the application for the permit or on the site, plans and specifications approved by the Town. The Town may revoke a permit if the site is not being developed in compliance with the approved site plan.
- The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor the approval of, any violation of, or deviation from the provisions of this Article or any other ordinance, code, law, rule or regulation. A permit shall be considered invalid if, a violation of this Article or deviation there from, has occurred upon completion of work. When such violation occurs, the permit shall be deemed to be canceled and the ground shall be restored to the condition it was in prior to the start of the grading work.
- The issuance of a permit, based upon drawings and specifications, shall not prevent the Town from thereafter requiring the correction of errors in said drawings and specifications or from stopping unlawful construction operations being carried on hereunder.
- It shall be required that all work performed within public right-of-way shall be licensed, insured and a bonded Contractor.
- Jurisdiction of Other Agencies. Permits issued under the requirements of this Article shall not relieve the owner of the responsibility for securing required permits for work to be done that is regulated by other ordinances, departments or divisions of the Town or other governing agencies. A Grading Permit shall not be issued until all required permits are obtained from the Arizona Department of Environmental Quality (ADEQ), the County Health Departments (CHD), the County Flood Control District (CFCD), potential 404 permit and other agencies.
- Time Limits. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within one hundred eighty (180) days after the date of issuance of the grading permit. If the permittee is unable to complete the work within the specified time, a letter shall be submitted to the Zoning Administrator prior to the expiration of the permit requesting an extension of time and setting forth the reasons for the requested extension. If, in the opinion of the Zoning Administrator, such an extension is warranted, up to an additional 6 months can be granted for the completion of the work. The permittee shall only be allowed two (2) extensions or 6 months each.
- Conditions of Approval. In granting any permit under this Article, the Town may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:
- Compliance with dust control requirements of the county and the State Department of Environmental Quality (ADEQ). Vehicles carrying loads should have them covered with a secure tarpaulin, netting or other covering to prevent the load from spilling or blowing from the vehicle.
- Requirements for fencing of excavations or fills, which would otherwise be hazardous.
- Improvement of any existing site condition to bring it up to standards of this chapter.
- A landscaping plan shall be required. The landscaping plan shall consist of the preservation of mature native vegetation or the relocation of new native vegetation, all of which shall be placed along the edges of the proposed rights-of-ways or streets as part of an approved streetscape plan.
- Requirement for submittal of a Storm Water Pollution Prevention Plan (SWPPP).
- Bonds.
- Requirements. A permit shall not be issued for more than ten thousand cubic yards (10,000 C.Y.) of grading unless the permittee shall first post with the Town a cash bond or a bond executed by the owner and a corporate surety authorized to do business in Arizona as a surety in an amount sufficient to cover the cost of the project, including corrective work necessary to remove and eliminate geological hazards, all as determined by the Developer.
- Conditions. Every bond shall include the conditions that the permittee shall:
- Comply with all of the provisions of this Article, applicable laws and ordinances;
- Comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the Town Engineer.
- Complete all of the work contemplated under the permit within the time limit specified in the permit or in Section 2.B.3. If the Town extends the time specified in the permit, no such extension shall release the surety upon the bond.
- Failure to Complete Work. The term of each bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the Town. At the beginning of the project the Contractor shall estimate the cost of the bond. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the Town may order the work required by the permit to be completed to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, said deposit or any unused portion thereof shall be refunded to the permittee. In the event where development of the property does not immediately commence, a maintenance bond in the amount of 10 percent of the value of the grading shall be provided to ensure that the graded property is properly maintained and does not become a nuisance. In the event a bond or approved assurance for the proposed work is provided through some other ordinance or stipulation, a second assurance to fulfill this Article shall not be required.
- Assurance of Construction Through Loan Commitment. In lieu of providing assurance of construction in the manner provided above in this section, the permittee may provide assurance of construction for grading improvements by delivering to the Town, prior to the issuance of a permit, an agreement in a form approved by the Town Attorney between an approved lending institution and the permittee, stating that funds sufficient to cover the entire cost of performing the proposed work, including engineering and inspection costs, in an amount approved by the Town, have been deposited with such approved lending institution. Such agreement shall provide that such funds in the stated amount are specifically allocated and will be used by the permittee, or on his behalf, only for the purpose of performing the grading improvements. The Town shall be the beneficiary of such agreement or the permittee’s rights thereunder shall be assigned to the Town and shall approve each disbursement of any such funds. The agreement may also contain terms, conditions and provisions normally included by such lending institutions in loan commitments for construction funds, or as may be necessary to comply with statutes, codes and rules applicable to such lending institutions.
- Liability. Neither the issuance of a permit under the provisions of this Article nor the compliance with the provisions hereof, or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the Town for damage to other persons or property.
- Revocation. If the Town determines that the work authorized under any permit issued under this Article is not proceeding in accordance with the approved application, or is proceeding in violation of this Article or any other ordinance of the Town, or if it determines that there has been any false statement or misrepresentation as to a material fact in the application or payment for said permit or plans on which the permit was based, the Town shall notify the person obtaining the permit and the owner that such work fails to conform to said permit, or that the permit was obtained by false representations and that such failure in obtaining the permit be corrected without delay. If the owner or person obtaining the permit fails or refuses to make such correction within the time specified in said notice, the Town shall issue a stop work order. Such notice shall be in writing and signed by the Town. It is unlawful for any person to proceed with any part of such work after such notice is served. When necessary, law enforcement personnel shall be employed to insure compliance.
- Streets and Driveways. All grading for streets and driveways shall be done in accordance with the recommendations and guidelines in accordance with MAG Standards and the approved grading plans.
- Denial of Permit.
- Geological or Flood Hazard. If, in the opinion of the Town, the land area for which grading is proposed is subject to geological or flood hazard to the extent that the proposed corrective work will not eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied.
- Unlawful Grading. The Town shall not issue a permit in any case where it finds that the work as proposed by the applicant will endanger any private property or result in the depositing of debris or soils on any public way or seriously interfere with any existing drainage course. However, if it can be shown to the satisfaction of the Town that the hazard would be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the Town may issue the permit.
Applicant shall pay all Engineering Review Fees for permit application review as set by the Town Council as per adopted resolution.
A drainage report shall be submitted at the time of the preliminary plat review or when determined by the Town Engineer. The application will not be accepted and a preliminary plat review will not be scheduled without the drainage report. The report shall be prepared by an Arizona Registered Civil Engineer. The following information shall be covered in the report:
- Hydrology.
- Study Requirements. A hydrology study shall be performed for each development in a subdivision within the Town. The study shall define the overall and sub-drainage areas. It shall also determine appropriate hydrologic data for the following:
- Off-Project Areas. The peak flows, time of concentration, and other hydrologic data, for each off-project drainage area tributary to the project shall be computed and submitted in summary form. Storm runoff exiting on property under development and flowing onto an Arizona Department of Transportation (ADOT) right-of-way, shall be subject to ADOT’s review and approval process.
- Project Sub-Basins. The project shall be divided into tributary sub-basins contributing to appropriate design points. The pertinent hydrologic data shall be computed for each and submitted in summary form.
- Basis of Design. The basis of design shall be the Drainage Design Manuals for Maricopa County - Hydrology, Hydraulics and Erosion Control or if in Yavapai County the Yavapai County Drainage Criteria Manual, as prepared and published by the Flood Control District of Maricopa County and Yavapai County Flood Control District, respectively; and the Arizona Department of Water Resources (ADWR).
- Floodplain Administration. The Engineer shall comply with the requirements of the Town of Wickenburg, Federal Emergency Management Agency (FEMA), U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (COE) requirements. CLOMR, LOMR, COE 404 and EPA 401 applications and/or permits may be required by these other agencies.
- Hydraulics.
- Basis of Design. The basis of design shall be the Drainage Design Manuals for Maricopa County – Hydrology, Hydraulics and Erosion Control and if in Yavapai County the Yavapai County Drainage Criteria Manual. The Design Engineer is responsible for evaluating the specific design conditions to determine the appropriate design criteria in evaluating the hydraulic design and anticipated operation and maintenance conditions. The following provisions shall not relieve the Design Engineer, Consultant, Developer or Owner of the responsibility to apply generally accepted design practices and professional conduct.
- Street Drainage. The basis of design for local streets shall be the ten-year storm being contained within the pavement section with a maximum depth of six inches (6”) at the gutter or where there is no gutter, then it shall be measured at the crown line.
- Streets shall be designed to carry the following minimum flows:
- Major and minor arterial streets are to carry a ten-year (10-yr) flow between the curbs and maintain a twelve-foot (12’) dry lane in each direction; and carry the one hundred-year (100-yr) flow within the right-of-way with a maximum depth of six inches (6”) over the crown of the street, for emergency vehicles and evacuation purposes.
- Collectors and local streets are to carry ten-year (10-yr) flows between the curbs, the fifty-year (50-yr) flows within the right-of-way.
- Underground storm drains are required when the above street capacity or maximum depth is exceeded.
- Streets shall have a crowned section for drainage. Exceptions may be submitted with specific written request to the Town Engineer and written acknowledgment by the Town.
- In general, dip crossing of open channels shall be avoided.
- All storm drains and channels shall be constructed in public rights-of-way or dedicated easements. The minimum width of the right-of-way or easement shall be adequate to allow a minimum continuous twelve foot (12’) wide maintenance road, but in no case less than ten feet (10’) wide.
- Where access to a new development requires crossing of a channel or wash, an all-weather crossing must be provided. Additional all-weather crossings may be required by the Town.
- Depth of flow within drainage easements shall not exceed twelve inches (12”), excluding the area of the channel structure.
- Drainage Between Lots.
- Routing of drainageways between lots or buildings is discouraged and will be allowed only upon written request from the developer and written approval of the Town and are recommended to be buried, culvert grated or ditched.
- The ends of the right-of-way or easement shall be treated in such a manner as to prevent non-maintenance vehicular access without diminishing the hydraulic capacity of the channel. Removable bollards, railings or barricades or gates shall be installed.
- A minimum of 25% of the up-stream opening shall be assumed to be clogged with debris, when considering design capacity.
- Fencing or railing may be required by the Town Engineer if an open channel is used.
- Headwalls, wing walls, retaining walls, grated and trash racks are required in the design of channels and storm drains.
- Retention/Detention Facilities & Areas.
- The design engineer shall determine and present calculations on each retention/detention facility required for their project. The retention/detention volume for the one hundred-year (100-yr), two-hour (2 hr) storm, shall be provided. Basin volume which exceeds the contribution from the sub-area it serves will not be considered as volume provided.
- A Drainage easement shall be recorded over each retention/detention area within the project for both “public” and “private” basins.
- All retention/detention facilities shall be sized to retain 100% of the required volume of the one hundred-year, two-hour storm falling over the entire project (gross area including streets) required to meet post-development criteria.
- Freeboard. There shall be a one-foot freeboard from the basin emergency overflow level to the lowest building elevation. This overflow level is the basin design level above the outfall elevation designed for the one-hundred-year (100-yr) event. This design would allow ponding to occur in excess of the design level should outlet clogging or extreme/successive flow events occur. The outfall elevation shall be lower than the emergency overflow level.
- The outfall elevation and overflow elevation shall be shown on the plans.
- Retention/Detention facilities located within a drainageway, channel way, or floodway are prohibited.
- Grading.
- Depths. The overall depth shall not exceed three feet (3’) without authorization of the Town. If granted, the side slopes shall be flattened. At the Town’s option, the basin may be fenced to allow steeper side slopes or greater depths. In no case shall the depth exceed one foot (1’) without a positive means of disposing of accumulated runoff.
- Side Slopes and Bottom.
- Side Slopes.
- Side slopes adjacent to public right-of-way, or when there is pedestrian type access to that portion of the basin, shall have a side slope of 6:1 or flatter. There shall be at least two feet of level ground between the back of the sidewalk and the beginning of the side slope grading.
- Side slopes adjacent to walls, fences, hedges, etc. (i.e., no or limited pedestrian type access in that area) may have side slopes up to 4:1 adjacent to public right-of-way or easement and 4:1 adjacent to private property. There shall be at least two feet of level ground adjacent from any wall or vertical obstruction to the top of the side slope grading.
- Bottom. The bottom of all basins shall be sloped towards the discharge points. The minimum bottom slope shall be 0.1%.
- Parking Lots. Retention/Detention of runoff in parking lots of developments is allowed subject to the following guidelines:
- No storage volume of a ten-year – 2-hour storm or less may be retained/detained on a parking lot. The balance shall be retained/detained in landscaped areas and/or retention/detention facilities.
- Parking spaces shall provide one dry access with no point of the space to exceed 0.50 feet deep.
- Handicapped parking and loading spaces shall be free from ponding.
- Disposal/Discharge.
- A bleed-off discharge to an existing storm drain or drainage channel of sufficient capacity to convey the anticipated flows from the tributary drainage areas after the storm.
- Shallow pit percolation tests shall be performed in retention areas to determine natural percolation. The test shall be performed at the same depth as the bottom of the proposed basin, or 3 feet below the natural ground surface, whichever is lower. Tests shall be submitted prior to approval of the drainage plans. All retained or detained runoff shall be dissipated within 36 hours following each storm.
All development shall be constructed in compliance with the Maricopa Association of Governments (“MAG”) Standard Details and Specifications as modified by the Town and in accordance with all federal, state and local laws regulating such development.
All grading operations for which a grading permit is required shall be subject to inspection by the Town. When required by the Town, special inspection of grading operations and special testing shall be performed in accordance with the provisions of this Section.
- Standard Grading Requirements. The Town may inspect the work and may require adequate inspection and compaction control by a certified soil testing agency. The testing agency responsibility shall include, but need not be limited to, certification concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills. When the Town has cause to believe that geologic factors may be involved, the grading operation shall be required to conform to engineered grading requirements.
- Notification of Non-Compliance. Work, as described under this Article, is performed at a sub-standard level or not in conformance to the guidelines and stipulations of this ordinance, the Civil Engineer and/or its designated and qualified designee shall stop order all work until corrective measures are taken. Recommendations for corrective measures, if deemed necessary by the Town, shall be submitted. Recommendations for corrective measures, if deemed necessary by the Town, shall be submitted.
- Transfer of Responsibility by Permittee. If the Civil Engineer or the testing agency of record listed in the grading permit are changed or replaced during the course of the work, the permittee is responsible for the replacement of a registered or certified professional to supervise the project through completion and notification shall be given to the Town.
- Cuts.
- General. On all lots or parcels, development, design and construction techniques should blend scale, form and visual character into the natural land forms, and minimize exposed scars. Cuts shall conform to the provisions of this Section.
- Substructure Protection. The Permittee shall determine any utilities or other substructures that exist in the location to be excavated no less than two (2) working days prior to the commencement of any work by calling the Blue Stake Center. Excavation shall be undertaken with sufficient care not to interrupt the utility service function or to disturb the utility or other substructure physical supports.
- Drainage Design and Treatment. Any alterations to existing natural drainage systems shall meet requirements pursuant to Section 5.B.
- Safety. Cuts shall be adequately fenced to preclude unauthorized access, as determined by the Town.
- Natural Contours. All buildings, structures, driveways and roads shall, to the greatest extent practicable, utilize the natural contours of the land so as to minimize disturbed area.
- Blending. At the intersections of cuts and fills, slopes shall be adjusted and warped to flow into each other or into the natural ground surfaces without noticeable break.
- Cut Slopes. Concrete and masonry decorative walls, and retaining walls used in association with cut slopes shall be color treated or veneered to blend in with the surrounding natural colors of the native rock and soils at the site. The surfaces shall be rough textured with heavy shadow patterns.
- Driveways. Where justified by topographic conditions, the maximum slope of a driveway may exceed fifteen percent (15%), provided that minimum standards for break overs are maintained as determined and applied by the Town. However, the Wickenburg Fire Department has indicated that for fire protection services, driveways exceeding seventy-five feet (75’) in length with a grade of eight percent (8%) or greater, or any driveway with a grade in excess of twelve percent (12%) do not constitute reasonable access for fire apparatus and therefore, in such cases, the Town is relieved of any and all liability.
- Fills.
- General. Development, design and construction techniques on all lots or parcels shall blend with the natural land forms, minimizing exposed scars. Fills shall conform to the provisions of this Section. In the absence of an approved Soil Engineering Report, these provisions may be waived by the Town for minor fills not intended to support structures.
- Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two (2) to one (1).
- Preparation of Ground.
- The ground surface shall be cleared and grubbed to receive fill by removing vegetation, roots one and one-half (1-1/2) inches in diameter and larger, non-complying fill, topsoil and other unsuitable materials; by scarifying to provide a bond with the new fill and, where the slope is steeper than five (5) to one (1) and the height is greater than five (5) feet, by benching into sound bedrock or other competent material. This information should be specified in the Soil Engineering Report.
- The bench under the toe of a fill, on a slope steeper than five (5) to one (1), shall be no less than ten (10) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow, or a paved drain shall be provided.
- When fill is to be placed over a cut, the bench under the toe of fill shall be no less than ten (10) feet wide. The cut shall be made before placing the fill and accepted as a suitable foundation for the fill by a Soil Engineer.
- Compaction. All fills shall be compacted to a minimum of ninety-five percent (95%) under, and within five (5) feet of structures, and within traffic areas. Compaction within existing or proposed right-of-way or streets shall be per MAG Specifications. For all other areas, compaction shall be to a minimum of ninety percent (90%) of maximum density as determined by MAG specifications.
- Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. In no cases shall fill slopes be steeper than two (2) horizontal to one (1) vertical. Slopes shall be designed to blend with the natural terrain according to Section 2 of this Article.
- Drainage and Terracing. Drainage and terracing shall be provided. The area above fill slopes and the surfaces of terraces shall be graded as required by Section 5. – Inspection and Supervision of this Article.
- Blending. At the intersections of cuts and fills, slopes shall be adjusted and warped to flow into each other or into the natural ground surfaces without noticeable break.
- Walls. Concrete and masonry decorative walls, and retaining walls used in association with fill slopes shall be color treated or veneered to blend in with the surrounding natural colors of the native rock and soils at the site. The surfaces shall be rough textured with heavy shadow patterns. An Arizona Registered Civil Engineer shall design the retaining walls for fills greater than five feet (5’).
- Fill Material; Exceptions.
- Organic materials are not authorized. No rock or similar irreducible material with a maximum dimension greater than eight (8) inches in maximum dimension shall be buried or placed in fills.
- Rocks greater than eight (8) inches in maximum dimension may be authorized by the Town only when a Soil Engineer devises a proper method of placement, continuously inspects their placement and approves the fill stability. When so authorized, the following three (3) conditions shall be complied with:
- Prior to issuance of the Grading Permit, potential rock disposal areas shall be delineated in the grading plan;
- Rock sizes greater than eight (8) inches in maximum dimension shall be no less than ten (10) feet below grade as measured vertically;
- Rocks shall be placed so as to fill all voids with fines.
- Cut and Fill Slopes Greater Than 20%. All portions of a lot or parcel having a natural slope of 20% or greater within any horizontal distance with a five-foot elevation change shall be subject to an engineering solution acceptable to the Town Engineer. Such slopes shall be identified on subdivision plats and this requirement noticed in the public. In all rural and residential zoning districts, the extent of grading on that portion of a lot which has a natural slope of 20% or greater within any horizontal distance with a five-foot (5’) elevation change shall be limited to a total area not to exceed 20% of the lot.
- Drainage.
- Existing Drainage Facilities. No person shall alter any natural drainage course or existing drainage facility in such a way as to damage or endanger by flooding, erosion, or any other means, any public or private property or improvements.
- Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street storm drain or natural watercourse approved by the Town and/or any other jurisdictional Flood Control District as a safe place to deposit such waters.
- Erosion Prevention. Adequate provision shall be made to prevent surface waters from damaging the face of an excavation or fill. All slopes shall be protected from surface water runoff from above by berms or swales.
- Terrace Drains. All swales or ditches on drainage terraces shall be graded to provide suitable drainage and designed to prevent erosion and provide durability.
- Re-Vegetation of Cut and Fill Slopes. Cut and fill slopes shall be seeded or otherwise re-vegetated within one month of completion or as soon as the planting season allows as determined by the Town. Re-vegetation of cut slopes shall include a mix of plant types indigenous to the area and similar to surrounding plant life, with size and species to provide for variation in color, texture and mass. This may range from trees to low wildflower groundcovers. Irrigation and maintenance adequate for the survival of the plant species, as determined by the Town, shall be provided until mature enough to survive without programmed care by the legal owners of the cut slope. For cuts greater than 5,000 cubic yards, the re-vegetation plan shall be submitted by a Registered Landscape Architect or Engineer. In all cases the slope shall be finished and re-vegetated with natural rock and plant material in quantities consistent with the area and in a manner that substantially reduces the potential for erosion.
- Setbacks.
- General. Cut and fill slopes shall be setback from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary.
- Top of Cut Slope. The top of cut slopes shall be made not nearer to a site boundary line than one fifth (1/5) of the vertical height of cut with a minimum of two feet (2’) and a maximum of ten feet (10’). The setback may need to be increased for any required interceptor drains.
- Top of Fill Slope. The top of fill slope shall be made not nearer to the site boundary line than one-half the height of the slope with a minimum of two (2) feet and a maximum of twenty (20) feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated into the work as the Town of Wickenburg deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include, but are not limited to:
- Additional setbacks
- Provision for retaining or slough walls
- Mechanical or chemical treatment of the fill slope surface to minimize erosion
- Provisions for the control of surface waters
- Modification of Slope Location. The Town may approve alternate setbacks. The Town may require an investigation and recommendation by a Civil Engineer to demonstrate that the intent of this Section has been satisfied.
- Exceptions for Design Cuts and Fills. Improvements to existing streets or highways, or improvements to existing cut slopes which do not conform to this Article may be excepted. Any exception shall be authorized by the Town.
- Compliance with Plans and Requirements. All permits issued hereunder shall be presumed to include the provision that the applicant, his agent, contractor or employees shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this Article.
- Protection of Utilities. During the grading operations, the permittee shall be responsible for the prevention of damage to any street or drainage facilities or to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment.
- Protection of Adjacent Property. The permittee is responsible for the prevention of damage to adjacent property, and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property prior to supporting and protecting such property from settling, cracking or other damage which might result. Restoration of adjacent property shall include re-vegetation, when necessary.
- Surplus Material. All surplus excavated material shall be removed from the lot or parcel prior to final inspection by the Town.
No modification of the approved grading plans may be made without the approval of the Town. All necessary revisions to soils and geological reports shall be submitted with the revised plans.
- Final Reports. Upon completion of the construction work, the Town may require the following reports, drawings and supplements thereto covering the following subjects:
- An As-Graded grading plan prepared by the Civil Engineer, including original ground surface elevations, as-graded ground surface elevations, lot and parcel drainage patterns, and locations and elevations of all surface and subsurface drainage facilities. The Civil Engineer shall provide certification that the work was accomplished in accordance with the approved final grading plan.
- As and when required by Section 11-6-2, Subsection B, a Soil Engineering Report shall include the locations and elevations of field density tests, summaries of field and laboratory tests, and other substantiating data and comments on any changes made during the engineering field grading and their effect made in the engineering investigative report. The Civil Engineer shall assemble this report or have assigned the task of completing this report through his designated and certified designee. The report shall contain a final description of the geology of the site, any new information disclosed during the grading, and the effect of these facts on the recommendations incorporated in the approved grading plan.
- Notification of Completion. The permittee or his agent shall notify the Town when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures, have been completed and the final reports have been submitted and accepted by the Town.
Section 11-7-1 Extraordinary ConditionsSection 11-7-2 Appeal And HearingSection 11-7-3 Additional RequirementsWhere there exists extraordinary conditions of topography, land ownership, adjacent development, or other similar circumstances not provided for in this Chapter, the Community Development Director may, upon request of the subdivider, approve modification of the enforcement of this Chapter in such manner and to such extent as the Community Development Director deems appropriate to the public interest. Any such modification of the provisions of this Chapter shall be clearly noted in the Community Development Director's decision regarding both the Preliminary Plat and Final Plat.
HISTORY
Amended by Ord. 1251 on 7/6/2026
In the event that an appeal for modification of enforcement of this Chapter does not receive affirmative action by the Community Development Director, the subdivider may file such appeal with the Town Clerk and, the Town Manager or designee may make such modifications, as the Town Manager deems proper. The Community Development Director shall make known to the Town Manager the Community Development Director's recommendations and reasons for denial of the appeal.
HISTORY
Amended by Ord. 1251 on 7/6/2026
In modifying the standards or requirements set forth in this Chapter, as provided above, the Community Development Director may make such additional requirements as are deemed necessary to secure substantially the objectives of the standards or requirements so modified.
HISTORY
Amended by Ord. 1251 on 7/6/2026
- "Land Splits" means the division of improved or unimproved land the area of which is two and one-half (2 1/2) acres or less into two (2) or three (3) tracts or parcels of land for the purpose of sale or lease.
- Prior to the division of any land by a land split as defined in Subsection A of this Article, the person proposing such a land split shall submit to the Community Development Director a plat showing such land split. The plat shall indicate the reservation of all necessary street and utility easements for the tract or parcel created by such land split.
HISTORY
Amended by Ord. 1251 on 7/6/2026
- Of Record. Any lot, which has been surveyed, deeded and provided perfected access and recorded with the office of the Maricopa County Recorder prior to December 7, 1994, will be considered a legal lot of record.
- Any lot, which is hereafter created, shall conform in all respects to the zoning ordinance, and as such applicable the subdivision regulations of the Town. Each lot shall be surveyed and filed with the Town. Lots, which are found to be in compliance with the applicable sections, will be issued a certificate of compliance and are thereby eligible to apply for a building permit.
ARTICLE 12-1 ADMINISTRATIONARTICLE 12-2 TRAFFIC CONTROLARTICLE 12-3 PARKINGARTICLE 12-4 STREET LIGHT REGULATIONSSection 12-1-1 Duty Of Police DepartmentSection 12-1-2 Records Of Traffic ViolationsSection 12-1-3 Police Department To Investigate AccidentsSection 12-1-4 Traffic Accident StudiesSection 12-1-5 Traffic Accident Reports- It shall be the duty of the Police Department to provide for the enforcement of the street traffic regulations of the Town and all of the State vehicle laws applicable to street traffic in the Town, to make arrests for traffic violations, to investigate accidents and to assist in developing ways and means to improve traffic conditions and to carry out all duties specially imposed upon the Police Department by this Chapter.
- In addition, the Police Department is authorized to enforce the provisions of this Code, or of any of the ordinances of the Town of Wickenburg or the laws of the State of Arizona regulating the standing or parking of vehicles, including enforcement of said ordinances and laws on private property, where authorized to do so by the owner or owners of private property in accordance with Article 12-3-7 (C) of this Chapter.
- The Police Department 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 (5) year period and from that time on the record shall be maintained complete for at least the most recent five (5) year period.
- All forms for records of violations 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.
- All records and reports shall be public records.
It shall be the duty of the Police Department 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.
Whenever the accidents at any particular location become numerous the Police Chief shall conduct studies of such accidents and determine remedial measures.
- 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.
- The Police Department shall receive and properly file all accident reports under State law or under any law of the Town, but all such accident reports made by drivers shall be for the confidential use of the Town and 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 a compliance with the laws requiring the making of any such report.
Section 12-2-1 Directing TrafficSection 12-2-2 Obedience To Traffic RegulationsSection 12-2-3 Use Of Coasters, Roller Skates And Similar Devices RestrictedSection 12-2-4 Traffic Control DevicesSection 12-2-5 Authority To Designate Crosswalks; Establish Safety ZonesSection 12-2-6 Authority To Place And Obedience To Turning MarkersSection 12-2-7 Authority To Place And Obedience To Restricted Turn SignsSection 12-2-8 Limitations On Turning AroundSection 12-2-9 One-Way Streets And AlleysSection 12-2-10 Regulation Of Traffic At IntersectionsSection 12-2-11 Drivers To Obey SignsSection 12-2-12 ProcessionsSection 12-2-13 SpeedSection 12-2-14 Restriction Of Truck Travel Upon Town StreetsSection 12-2-15 Off-Road Vehicles On Town PropertySection 12-2-16 Construction Activity And Traffic Control- The officers of the Police Department are hereby authorized to direct all traffic by voice, hand or signal.
- Officers of the Fire Department, when at the scene of a fire, may direct or assist the officer of the Police Department in directing traffic thereat or in the immediate vicinity.
It is unlawful for any person to do any act forbidden or fail to perform any act required by this Chapter. It is unlawful for any person to willfully fail or refuse to comply with any lawful order or direction of any Police Department official or of any Fire Department official.
It is unlawful for any person upon roller skates or riding any coaster, toy vehicle or similar device to go upon any roadway except while crossing a street on a crosswalk and, when crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians.
- The Manager 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.
- 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.
The Manager is hereby authorized:
- 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.
- To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.
- To designate and mark appropriately loading zones and taxicab zones, and upon such appropriate marking such zones shall not be subject to the provisions of Article 12-3 when used for the intended purposes.
- To mark lanes for traffic on street pavements at such places as he may deem advisable, consistent with the traffic laws of the Town.
- The Manager is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law.
- 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.
- The Manager, 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.
- 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 arm such sign.
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 and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic.
- The Manager shall designate any streets or alleys which are to he limited to one-way traffic.
- The Manager 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.
- The Manager shall designate through streets, intersections where stops are required, and intersections where vehicles shall yield the right of way.
- The Manager shall erect and maintain the appropriate signs at every location where a vehicle must stop or yield the right-of-way.
Whenever traffic signs are erected as provided in this Chapter, every driver of a vehicle shall obey such signs unless directed to proceed by the Police Chief 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.
- 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.
- 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.
- 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 designated. This provision shall not apply at intersections where traffic is controlled by traffic control signals or the Police Chief.
- 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.
It shall be unlawful for any person to drive a vehicle upon any unpaved, dirt street in excess of fifteen (15) miles per hour or any paved street in excess of twenty-five (25) miles per hour, except where otherwise specifically provided by sign or this Code.
(Ord. 1130/02-14)
HISTORY
Amended by Ord. 1130 on 1/18/2014
- This Section shall apply solely to users of streets within the Town boundaries and under the jurisdiction of the Town of Wickenburg. Users of highways within the Town limits, which are within the State highway system and under the jurisdiction of the State of Arizona, shall comply with the requirements of State law and upon such compliance are exempt from this Section.
- No truck as defined in Subsection C herein shall be operated upon Town streets.
- Truck in this Section shall mean vehicles with motive power, other than buses and recreational vehicles, having three (3) or more axles and measuring thirty-six feet (36’) or longer in overall length, including truck and load, which are designed and used primarily for carrying property other than the effects of the driver.
- The following exceptions shall be made to this Section:
- This Section shall not apply to fire apparatus, road machinery, or implements of husbandry including farm tractors temporarily moved upon a Town street.
- Trucks as defined in Subsection C of this Section, may operate on Town streets for the delivery of merchandise, materials or equipment going to a specific location on a restricted street. In such cases, said vehicles shall use the restricted streets for as short a distance as possible.
- Trucks having a base of operations on a Town street may enter or leave its base of operations at any time by the most direct route.
- Trucks may use Town streets when picking up or delivering to businesses or addresses on said streets. In such cases, said vehicles shall use said Town streets for as short a distance as possible.
- Except for emergency fire, police or medical vehicles or apparatus operating during an actual emergency, all trucks, vehicles, machinery and trailers of any type operating on Town streets and which measure thirty feet (30’) or longer in overall length are prohibited from traveling east-bound on West Yavapai Street past its intersection with Jefferson Street. Such vehicles shall follow alternative routing designated by the Town.
- Any person driving any truck as defined in Subsection C of this Section, upon any street under the jurisdiction of the Town of Wickenburg, shall be liable for all damage to any street, light or sign of the Town as a result of any illegal operation, driving or moving of any vehicle in violation of this Section. When the driver is not the owner of the truck but is so operating, driving or moving the same with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage. Such damage may be recovered in a civil action brought by the Town.
It is unlawful for any person to operate any motor vehicle on property of the Town except on established roads or drives or in designated parking areas.
A uniformed police officer of the Town shall be present when construction activities take place within three hundred feet (300') of a signalized intersection and/or when construction activities affect the flow of traffic of any public roadway, as determined by the public works director or authorized designee. Permittees must arrange for a police officer five (5) calendar days in advance of planned construction activities by calling the police department's off-duty request line. If a Town
police officer is unable to be scheduled for the desired days, the permittee will be notified at least forty-eight (48) hours in advance, and construction activities may proceed only with a uniformed officer from another jurisdiction or municipality present.
(Ord. 1226/6-22)
(Ord. 1242/4-25)
HISTORY
Amended by Ord. 1226 on 6/6/2022
Amended by Ord. 1242 on 4/21/2025
Section 12-3-1 Method Of ParkingSection 12-3-2 Blocking TrafficSection 12-3-3 Parking Adjacent To SchoolsSection 12-3-4 Authority To Erect Signs Restricting ParkingSection 12-3-5 Parking Vehicle On SidewalksSection 12-3-6 Abandoned VehiclesSection 12-3-7 Restricted Parking Areas For Physically Disabled Persons; Identification; ViolationsSection 12-3-8 Parking Vehicles Where The Curb Is Painted RedSection 12-3-9 Parking Of Motorized Vehicles On Town StreetsExcept 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 (18”) of the right-hand curb.
- It is unlawful for any person to stop, stand or park any motor vehicle or other vehicle, upon a street in the Town in such manner or under such conditions as to leave available less than twelve feet (12’) of the width of the roadway for the free movement of vehicular traffic, except that a person may stop temporarily in the actual loading or unloading of passengers or, when necessary, in the observance of traffic signs or signals of the Police Chief.
- It is unlawful for any person to park a motor vehicle, or other vehicle, within an alley or entrance to a private driveway except for the loading or unloading of materials, and not then unless such loading or unloading can be accomplished without blocking the alley to the free movement of vehicular traffic.
- It is unlawful for a person to stop, stand or park any motor vehicle or other vehicle, upon a street in town in such manner or under such conditions as to leave available less than twelve feet of the width of the roadway for the free movement of vehicular traffic, except that a person may stop temporarily for the actual loading and unloading of passengers or, when necessary, in the observance of traffic signs or signals of the police chief.
- It is unlawful for a person to park a motor vehicle, or other vehicle, within an alley or entrance to a private driveway except for the loading and unloading of materials, and not then unless such loading or unloading can be accomplished without blocking the alley to the free movement of vehicular traffic.
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 (1) hour before school opens until one (1) hour after school closes on any school day.
The Manager 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 signs have been erected as authorized by this Section. It is unlawful for any person to stop or stand a vehicle in disobedience to such parking restrictions.
It is unlawful for any person to park any vehicle, whether in usable condition or not, or for an owner to permit his vehicle to be parked upon any sidewalk in the Town.
Any vehicle remaining parked upon any sidewalk of the Town for more than three (3) days, or any disabled vehicle remaining parked upon any street of the Town for more than seven (7) days, is declared to be an abandoned vehicle and the Police shall forthwith remove the same from the sidewalks or streets of the Town at the expense of the owner of such vehicle.
- For purposes of this Section and its enforcement, the term “restricted parking area for physically disabled persons” shall refer to those spaces designated by a sign stating, “reserved parking” and bearing the internationally accepted symbol of access in accordance with Title 28 of the Arizona Revised Statutes. Additionally, such restricted parking area shall include any loading/unloading zone directly adjacent to the parking space designated by painted stripes.
- Those persons or businesses required by law or otherwise electing to provide restricted parking areas for physically disabled persons shall maintain such parking so that its designation as parking restricted to such persons is readily obvious. Maintenance shall include the repainting of the lines delineating the area as needed to insure adequate visibility and the upkeep of the sign designating the space as restricted in accordance with Title 28 of the Arizona Revised Statutes.
- No person shall park in a restricted parking area for physically disabled persons unless the vehicle has displayed thereon a distinguishing insignia or numbered plates bearing the international symbol of access in compliance with Title 28 of the Arizona Revised Statutes.
- No person shall park in a restricted parking area adjacent to a restricted parking area for physically disabled persons designated by painted stripes.
- Any person or business which causes a parking space to be set aside as a restricted parking area for physically disabled persons shall be deemed to have given consent to the Wickenburg Police Department to enforce a violation of this Section when such violation occurs on the private property of such person or business.
- Any sign required or otherwise erected pursuant to this Section shall, in addition to all other required information, have displayed thereon a notice that the maximum penalty for a violation is $500.
- Notwithstanding, the provisions of sub-Section (F) above, upon determination that any person or business is in non-compliance with sub-Section (B) of this Section, a written warning shall first be either mailed or hand-delivered to the person or business, giving ten (10) days to such person or business to come into compliance.
- Violations of this Section shall be designated civil offenses and subject to the penalties set forth in Section 1-8 of this Code. Each day the person or business fails to come into compliance with this Code shall constitute a separate violation.
(Ord. 1042/6-09)
HISTORY
Amended by Ord. 1042 on 5/18/2009
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic, where the curb is painted red at the direction of the Manager.
- Definitions. The following words, terms and phrases, when used in this section, shall have the meanings when used in this section, except where the context clearly indicates a different meaning;
"Motorized Vehicle" means any vehicle designed to operate on land, water or air, that is self-propelled, was self-propelled or is intended to be self-propelled.
"Recreational Vehicle" means:- A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls that fold for towing by another vehicle and unfolds for camping;
- A motor home or bus designed to provide temporary living quarters for recreational, camping or travel use, and built on or permanently attached to a self-propelled motorized vehicle chassis or on a chassis, cab or van that is an integral part of the completed vehicle;
- A park trailer built on a single chassis, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than 320 square feet and not more than 400 square feet when it is set up, except that it does not include fifth wheel trailers;
- A travel trailer mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use, of a size or weight that may or may not require special highway movement permits when towed by a motorized vehicle. This subsection includes fifth wheel trailers;
- A portable truck camper constructed to provide temporary living quarters for recreational, travel or camping use and consisting of a roof, floor and sides designed to be loaded onto and unloaded from the bed of a pickup truck;
- Boats of any size and type.
"Street" means the entire width between the boundary lines of every right-of-way including the improved or unimproved shoulder.
"Truck" means a vehicle other than a recreational vehicle, having three (3) or more axles and measuring thirty-six (36) feet or longer in overall length, including truck and load, which are designed and used primarily for carrying property other than the effects of the driver or passengers, and includes a motor vehicle to which has been added a box, platform or other equipment for such carrying.
"Utility Trailer" means a vehicle without motor power, other than a pole trailer or semitrailer, designed for carrying property and for being drawn by a motorized vehicle.
"Emergency Services" means a vehicle unintentionally does not operate and repairs are necessary to make the vehicle operational. Vehicle shall be permitted to park on street for no longer than twenty-four (24) hours for subject repair. - Parking of trucks, recreational, utility trailers and boats on streets is prohibited in excess of forty-eight (48) hours except as permitted in this section.
- No person shall park a truck on any street over forty-eight (48) hours, except as follows:
- While actively loading and unloading the truck.
- While emergency services are being provided by the truck's occupant. This does not include any general maintenance or service of the truck itself.
- No person shall park a recreational vehicle or utility trailer on any street, except a person may park a recreational vehicle or utility trailer for a period not to exceed forty-eight (48) hours; provided, the recreational vehicle or utility trailer does not block the driveway. Under no circumstances shall persons be allowed to inhabit a recreational vehicle while parked on a street.
- It is prohibited for any of the aforementioned vehicles or utilities to park within fifteen feet (15’) from any hydrant, marked crosswalk, flashing beam or any traffic control signal or sign.
- Should a warning or citation be issued for illegal parking, vehicle or utility must be relocated to private property and not to other location on same street or adjoining street.
- There shall be no requirement to post warning signs.
- Civil Traffic Violations. Any violation of the provisions of this article shall constitute a warning to the registered owner followed by a civil traffic violation and subject to the penalty provisions of section 1-8.
(Ord. 1151/8-15)
HISTORY
Amended by Ord. 1151 on 8/3/2015
Section 12-4-1 Residential AreasSection 12-4-2 Major ArterialsSection 12-4-3 Replacement LightingSection 12-4-4 ImplementationSection 12-4-5 Removal/Turn-OffsSection 12-4-6 Final Acceptance And Dedication Of Streetlights
(Ord. 871/4-01)
HISTORY
Amended by Ord. 871 on 4/2/2001
Install 9,500 lumen high-pressure sodium lights on thirty-foot (30’) steel poles with mast arms. Install lights at all intersections and at mid-block, as necessary, keeping a spacing of approximately 374 feet using the apex of the property lines for position.
Install 30,000 HPS lights on thirty-eight and one-half foot (38.5’) steel poles with mast arms on one (1) side of the street only. Spacing should be approximately 325 feet for one (1) sided lighting on up to four (4) lane streets.
- If wood pole distribution or transmission lines exist along a major arterial, which requires one-sided lighting, use these poles for lighting.
- For major arterials having more than four (4) lanes, lights should be installed on both sides using staggered spacing.
As replacements occur on the Town of Wickenburg system, they shall conform to these Street Light Regulations.
On an annual basis, the Town Council may establish a dollar amount that is available for the installation of streetlights in areas, which were not provided with them at the time the area was developed. The Council may accept applications for installation of streetlights, which are accompanied by a petition bearing the signatures of at least fifty-one percent (51%) of the property owners on the street in the area to be serviced.
- The Council shall not accept applications to install streetlights in subdivisions approved after January 1, 1994.
Any light installed at the Town’s expense shall not be removed and/or disconnected unless the same process is followed as required under Section 12-4-4 above. Any request for removal or disconnect must be approved by the Council.
Any street lights intended to be dedicated to the Town for maintenance and operation shall be accepted and dedicated in the same manner as set forth in Section 11-5-10.
(Ord. 1028/2-09)
HISTORY
Amended by Ord. 1028 on 2/2/2009
ARTICLE 13-1 UTILITIES IN GENERALARTICLE 13-2 GARBAGE AND TRASH SERVICEARTICLE 13-3 SEWER SERVICEARTICLE 13-4 WATER SERVICEARTICLE 13-5 WATER SERVICE EXTENSIONARTICLE 13-6 UTILITY SERVICEARTICLE 13-7 WATER CONTAMINATION PREVENTIONARTICLE 13-8 ELECTRICAL SERVICEARTICLE 13-9 TELECOMMUNICATIONS SERVICESection 13-1-1 Establishment Of Utility RatesSection 13-1-2 Agreement For Utility ServiceSection 13-1-3 DepositsSection 13-1-4 Billing And Payment For Utility ServiceSection 13-1-5 Delinquent Bills: Termination Of ServiceSection 13-1-6 Reestablishment Of Utility ServiceSection 13-1-7 Customer TransfersSection 13-1-8 Temporary Partial ServiceSection 13-1-9 Customer ResponsibilitiesSection 13-1-10 Conditions Of Receipt Of Utility ServiceSection 13-1-11 Utility EquipmentSection 13-1-12 Unlawful Acts; Tampering; Obstruction; Discontinuation Of ServiceSection 13-1-13 Limitation Of LiabilitySection 13-1-14 Procedure To Challenge Utility BillsSection 13-1-15 Right To Enter; InspectionsSection 13-1-16 Miscellaneous- Rates, deposits, fees and charges for each utility service provided by each Utility Department, including the terms and conditions upon which they will be collected, may be established by resolution of the Council.
- Rates for each Utility Service Department shall be sufficient to:
- Pay when due all bonds and interest thereon for the payment of which revenue has been pledged, encumbered or charged; and,
- Provide for all expenses of operation, maintenance, expansion, and replacement of facilities; and,
- Provide reasonable reserves for the purposes set forth in Paragraphs 1 and 2 of this Subsection for each Utility Service Department to which such rates apply; and,
- Provide for capital improvements in the Town at levels deemed appropriate by Council. (Ord. 998/5-08)
- Applicable taxes, fees, assessments or other charges imposed by any governmental entity related to a specific utility service may be added to the bill for that utility service as a pass through cost unless otherwise included in the service rate. The method of passing through any such cost shall be determined by the Town Manager who shall reduce the methodology to writing and deposit a copy thereof with the Town Clerk.
HISTORY
Amended by Ord. 998 on 4/7/2008
- An agreement for utility service by the Town and a customer is initiated as follows:
- The act of requesting or receiving utility service from the Town constitutes an agreement by the customer to comply with all the terms and conditions related thereto which are imposed by the Town.
- A landlord automatic transfer of service agreement must be executed by all landlords, which will constitute an agreement, by the landlord to comply with all the terms and conditions related thereto, which are imposed by the Town.
- As a condition of initiating, continuing or re-establishing utility service, the Town may require the customer to execute an agreement for utility service in a form provided by the Town.
- The Town Manager may permit utility service to be activated by telephone.
- The Town may reject any application for utility service for any good and sufficient reason, including, but not limited to the failure to meet conditions of rendering service specified in Section 13-1-10.
- Each applicant for utility service, as a condition of receiving service, shall deposit with the Town the sum established by the Council as the initial deposit for the type and class of service requested. Such sum shall constitute a deposit for the protection of the Town in the event of failure of such customer to meet all obligations due the Town by the reason of purchase of such utility service.
- If it becomes apparent that the initial deposit is insufficient or is excessive to provide for the protection of the Town, then the Finance Director shall have the right to make an adjustment either for additional deposit or rebate to the customer as may be appropriate.
- In lieu of said deposit, and at the sole discretion of the Town, the Town may accept:
- Letters of credit or guarantee issued by the applicant’s previous utility provider for the same type of utility service within one (1) year from termination of service from the previous utility provider. Said letters must be mailed or sent by facsimile directly to the Town from the previous utility and be received by the Town within five (5) days of the applicant’s request for service. Letters otherwise presented to the Town shall not be accepted in lieu of deposits.
- An alternative means of securing payment, approved by the Town Manager in his sole discretion, such as the establishment of a line of credit with a bank.
- The Town shall return such deposit to the consumer if during any consecutive twelve (12) month period; the customer has paid his electric utility bills without delinquency.
- Bills for utility services shall be mailed on a regular schedule (in most instances monthly) and shall be due twenty-five (25) days thereafter. Each bill shall separately set forth the amount due for each utility service for which a charge is being made.
- Where the utility service is measured, the Town shall bill based on the readings of the measuring device unless the Town is unable to read the measuring device or has reason to believe the measuring device is inaccurate. In such instances, the Town shall bill based upon the customer’s estimated usage utilizing generally accepted estimating techniques. The customer’s bill shall indicate if the billing is based upon an estimate of usage.
- Payments for utility service shall be first applied to amounts due for delinquent bills, in the following order: trash and garbage collection, sewer service, electric service and water service and then to the current bills in the same order.
- A utility service bill which remains unpaid twenty-six (26) days from the billing date is delinquent and is subject to a late payment penalty, as established by the Town Council by resolution, and to termination on not less than ten (10) days notice in accordance with Subsection B of this Section. The Town may discontinue all or a portion of other Town supplied utility service for the failure to pay billings, when due, for any Town supplied utility service.
- The Town shall mail written notice of its intent to terminate service to a delinquent account not less than ten (10) days in advance of the intended date of termination. The customer shall be notified as to which utility service is subject to termination and that the bill may be discussed with the Town Manager or designee. Notice may be provided on or with the regular billing to the customer or by separate notice delivered by hand or regular United States Postal Service at the service address or the most recent mailing address provided by the customer. No further notice or attempt to collect the delinquent account shall be made. In the event payment is made in the field, both a late payment penalty and a field collection charge, as established by the Council by resolution, must also be paid at the time to bring the account current.
- The billing date shall be the date the bill is mailed as reflected by the billing date on the bill, the postmark date, the receipt provided by the United States Postal Service or similar service or a certificate of mailing prepared by the Town. In the event evidence reflecting differing billing dates is presented, the later date shall control.
- Any utility bill not paid in full within thirty (30) days after service is terminated will be subject to appropriate collection activities, and the customer shall be responsible for any pay all costs of collection, including Court costs and reasonable attorneys fees. All judicial judgments entered in favor of the Town on delinquent accounts shall be reported to one (1) or more credit bureaus, as determined by the Town.
- The Town Manager may grant up to a thirty (30) day extension of any time limit provided in this Section upon written request and for good cause shown.
- A utility service which has been terminated shall not be reestablished except upon payment of any delinquent amounts owed to the Town, the usual fee for establishing the utility service, late payment penalties, reestablishment of a deposit, which shall be the greater of the current utility deposit established by the Council or double the average billings for the six (6) months prior to service being cut-off, any other applicable fees or charges established by the Council and any other incidental costs, expenses or employee time occasioned by the shutoff.
- The Town Manager may establish procedures by which a delinquent bill may be brought current in not more than six (6) installment payments. The Council may set an installment fee. Failure to comply with the terms and conditions so established shall be grounds for immediate termination of utility service with or without notice.
Whenever a customer voluntarily terminates a utility account with the Town and wishes to open a new account for the same or any class of utility service:
- Any amount due on the final bill of their previous account may, at the Town’s sole discretion, be transferred to the new account. Said amount shall be treated the same as any other amount due on the new account.
- Any deposit from the previous account may, at the Town’s sole discretion, be applied to their final bill or transferred to the new account.
Whenever a customer will be temporarily absent from a property receiving utility service from the Town, and desires to halt some, but not all of the utility service provided by the Town, the customer may do so by informing the Town of their departure date and their return date and the service or services they wish to temporarily stop. The temporary stop period must be for at least three (3) months. The Town may halt such service for the time period specified; however, no adjustment in rates shall be made for any month in which the utility service was rendered to the property.
- Each customer shall be responsible for timely paying for utility services provided under the customer’s name or to the customer’s property until the utility service is duly terminated or discontinued pursuant to this Chapter.
- Each customer shall be responsible for maintaining all facilities on the customer’s side of the point of delivery in a safe and efficient manner and in accordance with any applicable law, rule, regulation or order.
- Each customer shall be responsible for safeguarding all Town property installed in or on the customer’s premises for the purpose of providing utility services.
- Each customer shall exercise all reasonable care to prevent loss or damage to Town property, excluding ordinary wear and tear. The customer shall be responsible for loss of damage to utility property on the customer’s premises arising from neglect, carelessness or misuse and shall reimburse the utility for the cost of necessary repairs or replacements.
- Each customer shall be responsible for payment for any equipment damage resulting from unauthorized breaking of seals, interfering, tampering or bypassing the measurement device used by the Town to measure the utility service being provided.
- Any person, who leases, rents or otherwise permits the occupancy of their real property within the Town or which is eligible to receive utility service from the Town shall notify the Town if the property is not to be provided utility service by the Town. Any property owner who fails to notify the Town shall be jointly and severally liable for any utility service requested or received by the tenant, lessee or other occupant of their property.
- Each customer shall be responsible for providing, without cost to the Town, all utility equipment, lines, meters and appurtenant facilities necessary for the Town to provide proper utility service to the customer and to provide title to such facilities in a manner deemed acceptable to the Town.
- Each customer shall be responsible for providing safe ingress and egress to, and cooperating with, the Town’s employees, representatives and agents for the purpose of assessing facilities related to the provision of utility service and to perform inspections related to the provision of utility service and shall maintain all easements and right-of-way of the Town free and clear of obstructions and hazardous conditions.
- Each customer shall comply with all applicable provisions of this Code and any other law, rule, regulation or order governing the provision or receipt of utility service.
- No utility service shall be initiated, continued or reestablished unless all of the following are met:
- The Town offers and determines it is capable of providing the utility service under an established rate.
- Providing the utility service would not involve excessive cost to the Town.
- Providing the utility service would not adversely affect the service to existing customers.
- The customer has executed a service agreement for the utility service in a form provided by the Town or, where permitted by the Town Manager, has activated service by telephone.
- All deposits, fees and other charges applicable to the utility service have been paid.
- All bills rendered for utility service provided to the customer and/or the service location have been paid.
- All extensions to the Town’s system necessary to provide service to the customer have been constructed and accepted by the Town, without cost to the Town.
- All improvements at the service location necessary to enable the Town to provide the utility service have been completed, without cost to the Town.
- Adequate easements and rights-of-way, satisfactory to the Town, have been granted to the Town to ensure the Town can provide proper utility service to the service location.
- The dwelling or residence, if intended for human habitation, i.e. equipped with a water closet in good working order, properly connected to a sanitary sewer or where such sanitary sewer is not available, connected to a sanitary cesspool in good working order.
- The customer and the service location are in compliance with all provisions of this Code and all rules, regulations and procedures adopted hereunder.
- The initiation, continuation or reestablishment of utility service shall not constitute a determination by the Town that the conditions for service set forth above have been met, nor does it preclude the Town from pursuing any remedy available to the Town arising from the customer’s failure to satisfy the condition including, but not limited to, termination of utility service with or without notice.
- All utility equipment, including, but not limited to, water mains, sewer mains, service pipes, meters, trash containers and appurtenant equipment supplied or maintained by the Town or on the Town’s side of the point of delivery shall be and is vested in the Town. In no case shall the owner of any premises have the right to claim any right, title or interest therein except where otherwise provided in this code or by written contract with the Town. The owner of the premises shall provide Town documentation evidencing the Town’s title to said facilities in a form acceptable to the Town, if so requested by the Town.
- No person, without the prior consent of the Town Manager, shall use, connect to or otherwise manipulate the Town’s utility equipment.
- Every person who interferes with the officers or agents of the Town in the discharge of their duties under this Chapter, or who digs up or causes to be dug up any street or alley in the Town for the purpose of connecting with the water, irrigation, effluent reuse or sewer systems of the Town without first obtaining a permit from the building official to do so, or who, having such a permit, digs up or causes to be dug up any portion of any street or alley for the purpose of connecting with water, irrigation, effluent refuse or sewer system and fails to replace the street or alley in its original condition or who violates any of the provisions of this Chapter is guilty of a misdemeanor.
- It shall be unlawful for any person intentionally, knowingly or recklessly to tamper with, deface or damage, as these terms are defined in A.R.S. § 13-1601 any utility, as this item is defined in A.R.S. § 13-1601, appliance or fixture, including but not limited to any hydrant, valve, line pipe, plant, meter, well, storage tank, booster station, waterworks appliance, sewer appliance or other utility fixture or in any other manner interfere with the operation of any part of the water, irrigation, effluent reuse or sewer systems of the Town.
- No person shall obstruct or place upon or about any utility appliance or fixture, including but not limited to any valve, valve box, curb cock, meter box or water gate connected with the water, irrigation, effluent reuse or sewer systems of the Town or any object, material, debris or structure of any kind that shall prevent free access to the same at all times or in any manner tamper with or injure such appurtenances. No person shall fill up or cover over any valve or meter box.
- The Town may discontinue, suspend or refuse service to any consumer or other person who tampers with, obstructs the water supply system of the Town, or who otherwise willfully disregards the provisions of the utility services contract or this Code, commits fraud or abuse.
- The Town may further discontinue, suspend or refuse utility service for any of the foregoing reasons:
- As a result of emergency repair, insufficient supply, legal process, strike, riot, fire, flood, accident or any unavoidable cause.
- An unauthorized turn-on.
- The failure of the customer or the property owner to meet any of the conditions for initiating, continuing or reestablishing service set forth in Sections 13-1-9 and 13-1-10.
- To prevent fraud or abuse.
- Emergency repairs.
- Insufficient supply caused by factors outside the control of the Town.
- Legal process.
- Local emergency requiring emergency measures.
- At the direction of the Council or other public authorities.
- Any person who wishes to discontinue a utility service shall provide not less than three (3) days advance notice to the Town of the intended termination of the utility service. The notice shall include the customer’s name, service location, account number, the utility service to be terminated and the proposed termination date and shall not be deemed given unless in writing and received by the Town. The Town Manager may establish, in writing, an alternative notice procedure such as telephonic notice. If termination of the utility service would violate this Chapter, the customer shall be so notified and the utility service shall not be discontinued.
The Town does not warrant nor guarantee its ability to provide continuous or uninterrupted utility service, nor does the Town warrant or guarantee any particular level of utility service. In the event utility service is interrupted, discontinued, irregular or defective or fails from causes beyond the Town’s control or due to the ordinary negligence of its employees, servants or agents, the Town shall not be liable for damages, claims or losses arising therefrom.
- All bills tendered for Town utility services are presumed to be correct. A customer who believes a utility bill or any charge related to his/her utility service is incorrect shall:
- Immediately contact the Town Utility Billing Division and report the incorrect charge or bill.
- Upon review of the information, a meter reader shall be sent to verify the meter is functioning or determine if there is a malfunction or observable problem.
- If the meter is found to be malfunctioning, Utility Billing staff will immediately contact the customer and send an adjusted billing statement within five (5) working days.
- If the meter is found to be functioning, the Utility Billing staff will advise the customer and review possible reasons for the amount of water used. It is the responsibility of the customer to identify the actual cause and it is not the Town’s responsibility to remedy problems other than those related to the meter.
- If the customer still feels the meter is malfunctioning despite the inspection by the meter reader, the customer will be provided the option of having the meter removed and tested at his/her expense based on the Town's actual cost. The customer shall pay the testing fee prior to the meter being sent for testing.
- The customer shall be provided with a list of at least two (2) qualified independent meter testing firms to select from when he/she completes the “meter test form” and pays the fee to start the meter testing process.
- Upon receipt of the test results of the independent firm that the meter is malfunctioning, the Town Utility Division will, within five (5) working days, refund the cost of the test and adjust the customer’s billing statement accordingly.
- Upon receipt of the test results of the independent firm that the meter is functioning properly, no refund or billing statement adjustment shall be made.
- If the results of the meter testing determine the meter is undercharging the customer, no refund or bill adjustment shall be made.
- If the customer continues to have a reasonable belief that the meter is malfunctioning, he/she may contact the Town and arrange to meet with the Town Manager or designee to discuss the disputed bill and the grounds for said dispute. Following the meeting, the Town Manager or designee shall determine whether the utility bill is correct or whether an adjustment in the bill is appropriate. The determination shall be provided in writing to the customer by mail. The Town Manager or designee’s determination shall be final.
- The Town Manager, may, at his/her discretion, authorize a one-time adjustment for unanticipated leaks, such as a major pipe break on the customer’s property. A one-time adjustment is defined as being authorized on/for the same property, not owner, once every five (5) years.
- An “extreme utility bill,” defined as a utility bill at least five (5) times greater than the customer’s average monthly bill based on the previous six (6) month period for his/her property, shall go through the above outlined challenge process to dispute the bill. If no definite results are found after the meter is tested and properly inspected, the Town Manager may, at his/her sole discretion, authorize a utility bill reduction in ten percent (10%) increments up to fifty percent (50%), but in no case shall the Town Manager have the authority to waive the entire utility bill. If the utility bill is reduced by any percentage, the adjustment shall be defined as a one-time adjustment which equates to once every five (5) years for said property, not owner.
- Disputing a bill or contacting the Town regarding a bill shall not relieve the customer of the obligation to make a timely payment as specified by Section 13-1-4 or preclude the Town from terminating utility service or taking any other action permitted by this Chapter or otherwise. The customer shall continue paying the monthly utility bill while the utility bill dispute process is being followed by the Town.
(Ord. 1104/5-12)
HISTORY
Amended by Ord. 1104 on 5/7/2012
- The Town shall have the right to enter commercial, institutional and industrial establishments and to enter upon residential property for inspection purposes related to the provision of utility service as required by this Code or any other law, rule, regulation or order of any entity having jurisdiction there over and for the enforcement of this Article.
- Provision shall be made for regular inspection of the Town’s facilities used in providing utility service and when required by this Code or any other law, rule, regulation or order of any entity having jurisdiction there over, for the inspection of premises receiving utility service for purposes related to the provision of utility service.
- This Chapter governs the operation of utility services provided by the Town. The provisions of this Article shall be applicable generally to all utility services provided by the Town. Where provisions of this Article conflict with specific provisions in Articles 13-1, 13-2, 13-3, 13-4, 13-5 or 13-7, the provisions of those Articles shall apply.
- "Utility service" shall mean water service, electric service, sewer service and trash and garbage collection provided by the Town.
- The services provided for under this Chapter are limited to the Town’s equipment ability and capacity. This Chapter shall not create any liability nor impose any affirmative duty upon the Town, its officers or employees. Nothing herein shall mandate the Town to secure new sources of revenue or allocate existing funds in any particular manner.
- Enforcement rights granted to the Town under this Chapter are cumulative and in addition to any other remedy available to the Town at law or equity.
Section 13-2-1 DefinitionsSection 13-2-2 PurposeSection 13-2-3 Responsibilities Of The Public Works DirectorSection 13-2-4 Hours Of CollectionSection 13-2-5 Authority To CollectSection 13-2-6 Solid Waste Collection Service MandatorySection 13-2-7 Customer Responsibilities--GeneralSection 13-2-8 Types Of ServiceSection 13-2-9 EnclosuresSection 13-2-10 Miscellaneous ServicesSection 13-2-11 Unobstructed Passage In Streets And AlleysSection 13-2-12 Receptacles--General RequirementsSection 13-2-13 Town Ownership Of Town-Provided ContainersSection 13-2-14 Construction And Demolition MaterialsSection 13-2-15 Residential Collection RequirementsSection 13-2-16 Automated Residential Solid Waste And Recycling CollectionSection 13-2-17 Residential Bulk Waste CollectionSection 13-2-18 Commercial Collection RequirementsSection 13-2-19 Prohibited SubstancesSection 13-2-20 Prohibited ActsSection 13-2-21 Abatement Of ViolationsSection 13-2-22 Solid Waste License Required For Use Of Public Roads And Alleys By Solid Waste Collection VehiclesSection 13-2-23 License ExceptionsSection 13-2-24 License ApplicationSection 13-2-25 License ConditionsSection 13-2-26 Vehicle RequirementsSection 13-2-27 Container RequirementsSection 13-2-28 Seizure And Impoundment Of ContainersSection 13-2-29 ReportsSection 13-2-30 Prohibited PracticesSection 13-2-31 Cause For Denial, Modification, Or RevocationSection 13-2-32 Denial Of License--AppealSection 13-2-33 Notice Of License Violations--Opportunities For Cure; Termination; AppealSection 13-2-34 Interim Solid Waste License
(Ord. 1127/12-13)
HISTORY
Amended by Ord. 1127 on 12/16/2013
For the purposes of this article, the following words, terms and phrases shall have the meanings defined by this section, except where the context clearly indicates a different meaning:
- "Automated Contained Solid Waste Collection System" means a contained solid waste collection system that utilizes Town-specified solid waste containers and a solid waste collection vehicle equipped with a lifting device.
- "Automotive Parts" means any part or combination of parts of any kind of motor vehicle, including but not limited to tires, batteries, seats, engines, fuel tanks, doors, auto glass and upholstery.
- "Authorized Solid Waste Collector" means the Town or any contractor operating within the Town under a valid solid waste service permit or license.
- "Brush" means tree limbs and shrubbery clippings not exceeding three feet in length.
- "Bulk Waste" means wooden and cardboard boxes, crates (except as used to contain clippings, cactus or matter which, according to the provisions of this article, will be collected by the Town), appliances, furniture, machinery, automobile parts and all other non-vegetative matter, which by reason of size or shape are not readily containable. Bulk waste also includes tree trunks, branches or limbs, regardless of length, which are ten or more inches in diameter.
- "Construction and Demolition Waste" means all debris, rubble, soil and excess materials from any construction, demolition, repair or remodeling operations, whether on private, public, residential or commercial premises, whether to the primary structure or any other structure, and whether produced by the work or at the direction of the property owner, contractor, subcontractor, agent, or any other party.
- "Commercial Solid Waste" means any solid waste produced by the operation of or as a by-product of any business, without regard to whether the business is licensed in the Town, or whether the business activity is conducted in a public business, private residence, within the Town, or any other location.
- "Commercial Solid Waste Generator" means any person in charge of, owning, leasing, renting or occupying any business, industrial or commercial building other than a private residence, including, but not limited to a store, office, factory, hotel, tourist court, mobile home park, motel, motor court, motor hotel, trailer court, apartment complexes, condominiums, townhouses and similar configured housing complexes, apartment hotel or residential building ordinarily leased for a period of less than three months. (Ord. 1142/8-14)
- "Containable Solid Waste" means all putrescible and non-putrescible solid wastes, including but not limited to, wrapped garbage, wrapped small dead animals, wrapped or boxed ashes, wastepaper, excelsior, rags, bottles, crockery, bedding, clothing, carpets, leather, tin cans, metal scraps, small mechanical parts, shavings, floor sweepings, grass and weed clippings, twigs, tree limbs not exceeding four feet in length, and other similar waste and debris.
- "Contained Solid Waste" means all solid waste placed in containers for disposal.
- "Contaminated Materials" means any materials which, when prepared for one of the acceptable forms of collection described in this article, contain materials which are not acceptable under that particular form of collection.
- "Filth" means manure, excrement, or similar substance.
- "Fly-Tight" means the lid of the container must fit flush around all contact points and prevent entry of flies or rodents.
- "Garbage" is putrescible and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- "Hazardous Material" means any chemical, compound, mixture, substance or article which is designated by the U.S. Environmental Protection Agency or appropriate agency of the state to be hazardous, as that term is defined by or pursuant to federal or state law. Hazardous material includes but is not limited to medical wastes, herbicides, pesticides, explosives, and radioactive, toxic, flammable or corrosive materials.
- "Household Hazardous Waste" means any waste that would otherwise be a hazardous waste pursuant to Arizona Revised Statutes, Title 49, and 40 Code of Federal Regulations, Part 261 but is excluded as a hazardous waste because it is generated by the normal day-to-day activities of households.
- "Imminent Health or Safety Hazard" means condition of real property, solid waste or recycling container that places a person's life, health, safety or property in high risk of peril when such condition is immediate, impending on the point of happening and menacing.
- "Incipient Hazard" means condition of real property that can become an imminent or health hazard if further deterioration occurs that can cause unreasonable risk of death or severe personal injury.
- "Licensed Hauler or Licensee" means a person with a current license issued by the Town of Wickenburg for commercial or industrial recycling or solid waste management.
- "Litter" means all garbage, waste and debris not properly prepared for collection under this Code.
- "Medical Waste" means materials defined as medical waste by Arizona Revised Statutes.
- "Metal Goods" means appliances acceptable for collection under the Town's metal goods collection program, if any. "Metal goods" shall include refrigerators, freezers, ovens, stoves, air conditioners, washers, dryers and water heaters, and shall specifically exclude smaller household appliances and electronic equipment.
- "Open Area" means any park, street, gutter, sidewalk, sewer, boulevard, alley, greenbelt, square, vacant lot, space, ground or other area where solid waste material may accumulate.
- "Prohibited Substance" means any liquid, solid, or gas with an ignition temperature or flashpoint of less than 200 degrees Fahrenheit, including but not limited to, gasoline, benzene, naphtha, or other flammable or explosive substance; any material having a pH lower than five and one-half or higher than nine or having any other corrosive property that could be injurious or hazardous to Town collection employees or which could cause damage to equipment; any noxious or malodorous substance offensive to the senses and depriving other properties or a considerable number of persons of the comfortable enjoyment of life or property; or any hypodermic needle or syringe.
- "Public Works Director" means the director of the Public Works Department or his/her designee.
- "Putrescible Materials" means solid waste which is capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors or gases and capable of providing food for or attracting birds, insects, snakes, rodents or animals capable of transferring a diseased bacterium or virus from one organism to another.
- "Recycling Container" means a container owned by the Town for use as part of the Town's recycling program, if any.
- "Recyclable Materials" means solid waste that has been set aside or separated from other solid waste for the purpose of being collected and recycled, and which is, at the Public Works Director’s discretion, acceptable recyclable material. "Acceptable recyclable material" may include the following materials if clean and dry: paper, cardboard, chipboard, plastic containers made from polyethylene terephthalate ("PETE") or high density polyethylene ("HDPE"), other plastics #3 - #7, glass bottles and jars, steel food cans, aluminum cans, disposable aluminum bake ware and aluminum foil and other materials determined by the Public Works Director as being marketable.
- "Residence" means any structure or premises used as a domicile, dwelling, or habitation including single family dwellings, duplexes, tri-plexes and four-plexes. (Ord. 1142/8-14)
- "Residential Solid Waste" means household garbage and rubbish produced by residents on or in their residential premises, specifically excluding:
- Construction and demolition waste, whether on or off the residential premises, and whether to the primary residential structure or any other structures.
- Commercial or industrial solid waste, whether produced at the residence or at any other location.
- Hazardous materials.
- Body waste.
- Manure.
- Large animals exceeding 75 pounds
- "Residential Solid Waste Generator" means any person in charge of, owning, leasing, renting or occupying any building or buildings used solely for a family or private residential domicile, including but not limited to single family dwellings, duplexes, tri-plexes and four-plexes. (Ord. 1142/8-14)
- "Solid Waste" means all wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof, brush, and containable rubbish, filth, construction and demolition waste, brush, bulk waste, metal goods and prohibited substances when these terms are not specifically noted in this article.
- "Solid Waste Container" means a container owned by the Town or contracted hauler and made available for use as part of the Town's automated solid waste and recycling collection program.
- "Solid Waste Inspector" means any police officer, code enforcement officer, or other Town employee with authorization from the Public Works Director to inspect public and private properties, to issue citations and to enforce the provisions of this article.
HISTORY
Amended by Ord. 1142 on 8/18/2014
The purpose of this article is to (i) protect the health and safety of the citizens of the Town, (ii) protect the environment by establishing minimum standards for the safe and sanitary collection, storage, treatment, transportation, processing, and disposal of solid waste and recyclables generated for collection by the Town of Wickenburg.
- The Public Works Director, in order to protect the health and safety of the citizens and the environment of the Town, is authorized and directed to implement and enforce the provisions of this Article to control the storage, collection, treatment, transportation, processing, and disposal of solid waste and recyclables. Nothing in this article is intended or shall be construed so as to infringe or supplant the authority of the Maricopa and Yavapai County Health Departments, Arizona Department of Health Services, Arizona Department of Environmental Quality or the United States Environmental Protection Agency in this area pursuant to federal and state laws.
- The Public Works Director shall make such schedules, rules and regulations concerning the collection, disposal and hauling of solid waste, recyclable materials and other wastes by any party; or relating to the operation of any transfer station, disposal site, recycling or waste reduction program or other similar activities or facilities.
Hours of collection of solid waste or recyclables by private and municipal collectors shall be regulated by the Town. It shall be a violation of this Article to collect or remove or to cause, permit, facilitate, aid or abet the collection or removal of solid waste or recyclables between the hours of 10:00 p.m. and 6:00 a.m.
For purposes of this section, "private" means any entity other than the Town, including commercial, non-profit or otherwise, collecting solid waste or recyclables.
- The Town, its duly authorized agents, servants or employees, and Town authorized private collectors, subject to the limitations set forth in the license, franchise, permit or contract, have the exclusive right to collect solid waste.
- Regular Town refuse collection services may be rendered to areas outside the Town limits at the discretion of the Town Manager and as deemed appropriate by the Public Works Director; out-of-town customers will be charged a fee set by Council resolution.
- No person or business establishment within the Town shall be permitted to avoid or refuse to accept solid waste collection service, and the failure of any party to accept such service shall not exempt that party from the payment of the charges for such service. Temporary discontinuance or suspension of solid waste service is permitted for a fee as set by Council resolution, and as allowed under Wickenburg Town Code, Section 13-1-8.
- In the event that the Public Works Director determines that the Town is unable to reasonably, efficiently, or safely provide collection services to certain residents, establishments or communities such as, but not limited to, proximity of other serviced areas, size or density of development, or terrain, the Town may substitute another means of collection or require the person to seek service from another source until the situation is resolved. At any time, the Town-may require any resident to receive Town residential solid waste collection if the Public Works Director deems the service appropriate. Any person providing such service shall comply with all applicable provisions of this article.
Every person, owner, tenant or occupant within the town or otherwise receiving solid waste collection service shall:
- Provide for the collection, control and disposition of refuse in or upon any and all premises owned, leased or occupied by or for them.
- Cooperate with such agents or agencies as may be provided by law for the collection, control and disposition of refuse.
- Maintain and keep clean the alley adjacent to the premises owned, leased or occupied by or for them.
- Place or cause to be placed all refuse accumulated on the premises, owned, leased, or occupied by or for them in receptacles or containers provided to them.
- Keep lids for refuse containers down in a closed position at all times in order to prevent flies, except when a container is being filled, emptied or cleaned.
- Maintain refuse containers of sufficient number to accommodate the refuse and recycling disposal needs of such residence, premises or establishment, as determined by the director.
- Maintain refuse containers in good repair and in sanitary condition, free of any markings or decals not placed on the containers by the town. Containers that have become unserviceable due to ordinary wear and tear will be replaced by the town at no cost to customer. Notice that a container has been determined to be no longer serviceable through conditions other than ordinary wear and tear, or is being maintained in an unsanitary condition, shall be given as provided in section 66-274. If containers supplied by town require cleaning, painting, or refurbishing, then the cost of such work shall be charged to the customer.
- Residences. The Town, at its discretion, shall provide weekly automated residential solid waste collection service and weekly automated residential recycling service. Each residence receiving service under this subsection shall be provided containers for individual use and curbside collection. Additionally, residents may request additional containers for a fee, as set by Council Resolution.
- Business Establishments. The Town or an authorized solid waste collector shall provide commercial solid waste collection service to business establishments as required by state, county and Town regulations. If the business establishment is serviced by an authorized solid waste collector other than the Town, the service schedule of no less than two (2) pick-ups per week shall be set by the contractor and customer subject to approval by the Public Works Director.
The Town reserves the right to require commercial solid waste generators and business establishments to utilize Town or private commercial collection sufficient to properly manage the volume of solid waste generated by this business. Containers may be required to be in enclosures that shall be designed in accordance with the provisions of the Town Code and shall be properly accessible and sufficiently sized to accommodate the number of containers for the volumes of solid waste generated. All enclosures shall have proper drainage to prevent accumulation and stagnation of any liquid.
The Town may provide additional or variant services, including, but not limited to, dead animal collection, residential bulk waste and metal goods collection, moving box pickups, or other solid waste related activities at an hourly rate as illustrated in the Town’s fee schedule, set by Council Resolution.
- It shall be a violation of this Article for any person to permit trees, shrubs or brush growing upon their property to encroach on or over any public right-of-way so as to interfere with the movement of persons or vehicles. It is the responsibility of the responsible party to trim trees or shrubbery on their property and in the adjacent right-of-way back to their property line and allow 18-foot height clearance.
- It shall be a violation of this Code to have any obstruction, including but not limited to, parked vehicles, within 5 feet of a solid waste or recycling container placed out for collection service or to obstruct the solid waste or recycling collection operations in any other manner.
- It is the duty of every person, or commercial or residential solid waste generator to place or cause to be placed all solid waste accumulating on the premises in suitable receptacles or containers provided by the Town, or an authorized solid waste collector.
- All materials prepared for collection shall be stored in a Town-approved container until removed by the Town or an authorized solid waste collector, unless those materials are properly prepared for the Town's bulk waste collection service, if any.
- Solid waste and recyclables shall be stored, collected and hauled for disposal in accordance with Maricopa and Yavapai County Health Codes and Arizona Department of Health Services and Arizona Department of Environmental Quality Regulations.
- Any person using a Town-provided container shall be required to use and maintain the container as follows:
- All solid waste and recycling containers shall be maintained and stored in a sanitary condition. Maintain the container free of intense odors, evidence of flies in any stage of development, and any other nuisance or threat to public health or safety. Any violations of this section are subject to the “Can Cleaning” fee as set by Council resolution.
- Customer will be responsible for reporting any container damage or loss to the Town. Refuse collection containers are the property of the Town and the Town shall replace, on a one-at-a-time basis, containers that are in poor state of repair from ordinary wear and tear.
- In instances where containers furnished to refuse customers are lost, destroyed or subjected to abuse as an intentional or negligent act or omission of the customer, his or her employees or members of his family, the customer shall be required to pay the pro rata costs of replacement or repair.
- Customer shall not damage the container intentionally, or use the container for any purpose other than those specified in this article. Customer shall not use the container in any manner which is unsafe, or which a reasonably prudent person would believe is unsafe.
- The lids or covers of any solid waste and recycling containers shall at all times be kept secure in such a manner to prevent intrusion of moisture, infestation of insects, and scattering of solid waste or recyclables. Covers shall be kept closed except when containers are being loaded or emptied.
- It shall be a violation of this Article for any person not authorized by the Town to remove, collect or disturb the solid waste and recyclables stored in such containers or to remove from a solid waste or recycling container any solid waste or recyclables set out for collection and disposal by the Town or agents of the Town or licensed solid waste haulers. This prohibition does not apply to law enforcement officers acting within the scope of their official duties.
- It shall be a violation of this Article for any person to utilize the solid waste or recycling containers or receptacles assigned to other persons for the disposal of solid waste or recyclables without their permission. This does not apply to the automated solid waste or recycling collection system where residents share the use of common containers.
- All boxes, cartons and crates shall be collapsed before being placed in solid waste or recycling containers. Ashes shall be soaked with water to extinguish any live embers and contained in tied bags before placement in solid waste containers.
- Explosives or flammable materials of any kind shall not be placed in any solid waste or recycling container.
- Corrosives, reactive, oxidizers, lead acid batteries or any hazardous waste shall not be disposed of in solid waste or recycling containers.
- Pool chemical containers shall be emptied, rinsed, drained and moisture free prior to being placed in a solid waste or recycling container.
- All solid waste and recyclables shall be stored in a manner that does not present a health or safety hazard or public nuisance, including but not limited to, the breeding of insects. No person shall place, deposit or allow to be placed or deposited on his or her premises or private property or any public street, alley or right-of-way any solid waste or recyclables except in a manner prescribed in this article. In the event that the violation is not corrected, the violation is considered a public nuisance that may be abated.
- It is the responsible party’s responsibility to properly contain solid waste or recyclables generated on their premises and to keep the area around the container continuously clear and free of all debris. If the property has alley solid waste service, the term "area" includes the alley.
- It shall be a violation of this Code to place material in any solid waste or recycling container of a volume or weight which prevents the collection vehicle from emptying the container or which damages the collection vehicle or container. Maximum weight of material placed in any 90- to 100-gallon container shall not exceed 200 pounds.
- The Town may place a receptacle or receptacles approved by the Town at each residence or establishment that is authorized or required to receive residential collection service from the Town.
- Each person or entity which shall contract with, or accept garbage service from the Town, using a Town owned receptacle, shall, by acceptance of such service, recognize the right of the Town to enter upon the premises of such person or entity to retake possession of the garbage receptacle(s) upon termination of service, or temporary suspension, and shall be deemed to have extended to the Town an express license to so enter the premises for that purpose.
- The Town will furnish one solid waste and one recyclable container for the accumulation, storage, and collection of solid waste. Additionally, such residents may request additional containers for a fee, as set by Council resolution.
- If a solid waste or recycling container is in violation of this Article and presents a health or safety hazard, the solid waste inspector shall issue a notice of violation to the responsible party. In the event the violation is not corrected, the violation is considered a public nuisance that may be abated in a method compliant with all Town, County and State regulations. All expenses related to the abatement shall be billed to the responsible party.
Construction and demolition solid waste shall not be placed in a solid waste or recycling container. If such construction and demolition solid waste is generated, the responsible party is responsible for the removal and disposal of such solid waste. All construction and demolition solid waste shall be removed promptly and shall not be stored in any location where it may be blown or otherwise dispersed beyond the construction site. In the event that the violation is not corrected, the violation is considered a public nuisance that may be abated in compliance with the procedures set forth in Section 10-5-3(B) of this Code.
- All residential solid waste generators for whom Town-supplied solid waste service is available shall subscribe to the municipal solid waste service, and shall pay the fee assessed.
- The Public Works Director may require any residential solid waste generator regularly generating solid waste that exceeds 100 gallons or 200 pounds of solid waste within a collection period to acquire an additional container or containers, subject to the appropriate fee per container, or any resident regularly generating solid waste that requires special handling, to schedule a special bulk waste collection subject to the appropriate collection fees.
- Only properly prepared materials shall be acceptable for collection under this article.
- The frequency of contained solid waste collections shall be in accordance with the Maricopa and Yavapai County Health Codes and the Arizona Department of Environmental Quality Regulations.
- Collection days shall be as designated by the Public Works Director.
- The Public Works Director shall determine the service level required and method of collection.
- Only the Town shall be authorized to remove any Town-owned solid waste or recycling container from its assigned location. It shall be a violation of this Code for any other person to remove a container from the address to which it is assigned.
- Residences receiving collection under any of the Town's collection programs are limited to one empty of the container being serviced, per collection day.
- Proper Preparation for Collection. All residential solid waste prepared for collection by the Town's automated residential solid waste collection program shall be prepared for collection as follows:
- Containers set out for collection must be placed in the street in front of the house to which they are assigned, with the wheels adjacent to the curb of the sidewalk, and the lid opening toward the street. Where there is no sidewalk, the container must be placed at the edge of the street, within two feet of the pavement or improved road, as applicable. Some areas are designated for alleyway collection, as determined by the Public Works Director. Containers will be placed in alleyway with opening facing the alleyway.
Containers will not be collected from private driveways, or when placed within 5 feet of a vehicle, mailbox or other obstruction to safe collection as determined by the Public Works Director. At no time may containers be left on the sidewalk. All variances require the written authorization of the Public Works Director.
All refuse intended for collection by Town shall be deposited in containers furnished by the Town or licensed solid waste hauler. Such containers, on regular collection days, shall be located at a pick-up point designated by the Public Works Director, which in some instances may be off the customer’s property and located on public right-of-way or private right-of-way used by the general public.
The Public Works Director shall designate the pick-up points, taking into consideration any inconvenience to refuse customers and the size and maneuverability of Town collection equipment, provided if a customer is not satisfied as to the designated pick-up point, he or she may appeal in writing to the Town Manager. Upon appeal, the Town Manager shall render his or her decision within fourteen (14) days after receipt of the written appeal. - To ensure containers are placed out on time, containers may be placed at the curb after 6:00 p.m. on the day preceding collection. Containers for street collection shall be placed at the curb for service no later than 6:00 a.m. on the day of collection. Containers must be removed prior to 11:00 p.m. of the day of collection. It shall be a violation of this Code to place or permit containers to remain adjacent to the curb except upon regular collection days. Containers shall be stored, between collection days, on the user's property so as not to interfere with pedestrian or vehicular traffic.
- The lids of containers set out for residential solid waste collection must be entirely closed.
- All solid waste prepared for residential solid waste collection including grass clippings must be bagged and securely tied to exclude flies and other pests. Loose branches and brush may not be bagged under the condition that the un-bagged material empties readily during normal collection conditions.
- The contents of the container must be arranged so that they fall out easily when serviced by authorized collection vehicles. The Town shall not be required to remove any materials which remain in the container after the container has been serviced by the collection vehicle.
- All household medical and infectious solid waste, including lancets, syringes and hypodermic needles, must be properly contained before disposing of in the solid waste container. Household and infectious waste must be placed in plastic bags and securely tied before placing in the solid waste container. Lancets, syringes and hypodermic needles must be placed in a rigid, leak-proof and puncture-resistant container with a secured and taped lid and must be clearly labeled identifying the contents before placing in the solid waste container. Depositing or disposing of household medical and infectious waste or lancets, syringes and hypodermic needles in any recycling container is prohibited.
- All prescription drugs and medicines shall be disposed of according to the guidelines in this article unless there are specific disposal instructions on the drug label or patient information form, or unless a pharmacy or other licensed agency can provide disposal for such items. Prescription drugs and medication shall not be flushed down the toilet unless instructed by this documentation. If no disposal instructions are provided, prescription drugs and medicine shall be disposed in the household trash. Medications shall be removed out of their original containers and mixed with an undesirable substance. A small amount of water or other liquid shall be added to solid medications to cause the pills or capsules to dissolve. Coffee grounds or cat litter shall be added to liquid medication to absorb the medication. Blister packs shall be wrapped in multiple layers of duct tape or opaque tape. Unused ampules, vials and intravenous fluid bags should not be opened and shall be wrapped with duct or other opaque tape to minimize breakage and then placed in an opaque plastic container, such as an empty yogurt or margarine tub. Medication that has been combined with the undesirable substance shall be placed in a sealable bag, empty can or other container to prevent leaking into the garbage. The top of the container can be duct taped to the bottom of the container for additional security.
- Recyclable materials must not be bagged and must be placed in the container in such a manner that they separate under the normal operating procedures of the applicable materials recovery facility.
- Only recyclable materials shall be collected by the Town's residential recycling collection program.
- All materials prepared for the Town's residential bulk waste collection program, if such a program exists, shall be prepared for collection and disposed of in accordance with this section.
- It shall be a violation of this Article to place bulk waste out for collection before collection is scheduled.
- Bulk waste shall be placed out for collection no later than 6:00 a.m. on the scheduled day of collection.
- Bulk waste placed out for collection shall be in neat stacks.
- Bulk waste placed out for curbside collection shall be placed on the resident's property, parallel to the street or curb. The Public Works Director may designate alternative placement and collection points. Bulk waste shall not be placed on the sidewalk or in the street, behind a fence or any obstruction or barrier.
- Bulk waste shall not be placed within five feet of any fixed object, solid waste or recycling container or in any manner which would interfere with or be hazardous to pedestrians, bicyclists, equestrians or motorists.
- No more than five cubic yards of brush or bulk shall be collected from a single residence on a scheduled brush or bulk collection date.
- The amount of bulk waste placed out for collection shall not exceed a total un-compacted volume of 10 cubic yards per fiscal year. The responsible party shall arrange for the commercial transportation and licensed disposal for additional bulk waste over 10 cubic yards per fiscal year.
- Century plants, cacti, and similar plants which are difficult to handle, or may present a danger to collection employees, shall be contained in boxes or containers after having been cut to lengths of no more than three feet. Any such container or box shall enable municipal collection workers to pick up the container or box without risk of exposure to the contents, and shall weigh, when loaded, no more than 50 pounds per container.
- Items of bulk waste which are acceptable for normal residential collection are:
- Tree limbs and branches less than six feet in length and 8 inch in diameter and palm fronds.
- Metal or automobile parts and material less than 50 pounds.
- Pipe less than four feet in length and less than 50 pounds.
- Household items, furniture, appliances, bicycles, and other durable goods.
- Bagged or boxed leaves, weeds, grass, small vegetation clippings and hedge clippings.
- Construction and demolition waste generated by a resident less than 25 pounds.
- Cardboard boxes.
- Items of bulk waste which are not acceptable for normal residential collection include:
- Tree limbs and branches more than six feet in length.
- Metal material in excess of 50 pounds.
- Pipe more than four feet in length or over 50 pounds.
- Un-bagged leaves, weeds, grass and small vegetation and hedge clippings.
- More than 25 pounds of construction and demolition solid waste generated by a resident or any amount generated by a contractor.
- Cement, cement blocks, brick, asphalt, stones and dirt.
- Lead acid batteries or any hazardous, infectious or medical solid waste.
- Metal or automobile parts and material more than 50 pounds.
- Automotive tires or tires of any other type.
- It shall be a violation of this Article to place unacceptable bulk waste items or improperly placed bulk waste items out for collection. The responsible party shall remove and dispose of all bulk waste improperly placed and any unacceptable items of bulk waste at their own expense. The Public Works Director may require that yard waste be separated from other bulk waste for collection in an alternative manner.
- In the event a violation is not corrected, the violation is considered a public nuisance that may be abated.
- All commercial solid waste generators shall maintain their alleys and the area surrounding the solid waste containers free from solid waste and other potential hazards to the public health, safety, or welfare. Where unusual or inordinate waste material is generated, special collections shall be arranged with the Town.
- Commercial establishments may, by contract, receive Town solid waste collection services and Town-owned or contractor-owned containers. These containers shall be positioned by the Town no more than 300 feet from an entrance to the commercial structure as designated by the commercial solid waste generator and approved by the Town. Collection employees shall at all times have convenient accessibility to said containers.
- All commercial solid waste prepared for commercial solid waste collection shall be prepared in accordance with this section. This section shall apply to all business establishments serviced within the Town of Wickenburg, whether serviced by the Town or any other authorized solid waste collector. Business establishments shall be required to contract with an authorized solid waste collector to dispose of all waste produced onsite.
- No person shall deposit or cause to be deposited in any solid waste container which is serviced by the Town any prohibited substance as defined in this article. The Public Works Director may, by special agreement, contract to haul prohibited substances when placed in special containers and clearly labeled. Unless the Public Works Director has contracted by special agreement to haul the prohibited substances, it is the responsibility of the generator of such substances to ensure their removal.
- Construction and demolition waste, defined in this article, shall not be placed in solid waste containers. Removal of construction waste shall be the responsibility of the owner of the real property upon which such waste is generated. Small quantities of construction and demolition waste may be collected through the bulk waste program as per the conditions of that program.
- Unacceptable materials that will not be collected under this article may subject the producer to a fine under this article and will be the generator's responsibility to ensure their removal. Unacceptable material may be removed by the Town at the generator's expense as set forth in this article. Unacceptable material may be collected through special collection events that are periodically scheduled by the Public Works Director.
- Prohibited Materials. The following materials are unacceptable for collection under any collection program described in this article:
- Improperly prepared materials means any acceptable material that is not properly prepared for collection. "Improperly prepared for collection" shall include otherwise acceptable materials which are set out for collection at the wrong time or in the wrong place.
- Tires and other automotive parts. No tires or other auto parts greater than 50 pounds shall be acceptable. "Automotive parts" includes any part or combination of parts of any kind of motor vehicle, including but not limited to tires, batteries, seats, engines, fuel tanks, doors, auto glass, and upholstery.
- Dirt, rock, masonry, soil, sod, gravel, cement, concrete, masonry blocks, bricks, tile or any other similar materials exceeding 50 pounds shall not be acceptable.
- Gardening and landscape business waste. No landscapers, tree trimmers, lawn maintenance businesses or similar operators may dispose of yard-waste or any other solid waste in solid waste containers unless the waste is generated solely from the grounds of the property and the property owner or manager has approved such disposal.
- Fire hazards. No hot ashes, hot cinders, burning matter, loose sawdust, flammable or volatile liquids, or any other material which presents a fire hazard shall not be acceptable.
- Hazardous material.
- Medical waste.
- Contaminated materials.
In addition to all other requirements set forth in this Article, it shall be a violation of this Article to:
- Place or cause to be placed any solid waste upon any public or private property not owned or under the bulk waste generator’s control;
- Place or cause to be placed in a solid waste container any garbage, waste, rubbish, containable rubbish, filth or dead animal which is not contained within a securely fastened leak-proof plastic bag, unless otherwise exempted by this article;
- Place or cause to be placed more than a limited amount of filth in a solid waste container; as established by the Public Works Director;
- Place or cause to be placed any solid waste in a container not owned or maintained by said property owner;
- Fail to restrain any vicious animal and prevent interference with collection employees acting in the course of their duties;
- Bury, dump, dispose or release upon any street, alley, right-of-way or public land, any solid waste or recyclables including construction and demolition solid waste, unless otherwise permitted in this Article.
- Fail to remove the construction and demolition waste from the premises within 30 days from the date on which it was placed upon the premises, or not later than the final building inspection, the clearance of public utilities, or the issuance of a certificate of occupancy, whichever comes first.
- Burn solid waste except in incinerators that may be permitted by the county and the Town. Any burning of solid waste must comply with the rules and regulations established by the Arizona Department of Health Services and the United States Environmental Protection Agency.
- Interfere with authorized collection of solid waste in any way.
- To knowingly collect, place or cause to be placed or collected any hazardous waste or similar materials from any container or any public or private property, except as specifically permitted by the Arizona Department of Environmental Quality or the United States Environmental Protection Agency.
- Collect, transport or receive any solid waste or other wastes within or upon any public or private streets in the Town, or anywhere in the Town, except in leak-proof containers or vehicles so constructed that no solid waste or other wastes leak or sift through, fall out or be blown from such container or vehicle. Any person collecting or transporting any solid waste or other wastes shall immediately pick up all solid waste or waste which drops, spills, leaks or is blown from the collecting or transporting container or vehicle, and shall otherwise clean the place onto which any such solid waste or wastes were dropped, spilled, blown or leaked.
- Deposit or cause to be deposited, in any recycling container, anything other than acceptable recyclable materials.
- Remove, collect, or disturb solid waste in a container that is set out for collection for the purposes of recycling or disposal by the Town, its agents, unless authorized by the owner of the solid waste.
- Remove, collect, or disturb recyclable materials deposited for collection at any of the Town's designated recycling drop-off and collection centers. Town employees acting within the scope of their employment are not subject to the prohibitions described in this section.
- The owner of record, as recorded in the Maricopa or Yavapai County Recorders’ Office records of the property at which a violation of this article exists, may be presumed to be a person having lawful control over any building, structure or parcel of land. If more than one person shall be recorded as the owner of the property, said persons may be jointly and severally presumed to be persons having lawful control over the building, structure or parcel of land.
- If a responsible party served with a notice of violation or citation by the Town fails to correct the violation within the period specified, the Town may correct or abate the condition as described in the notice and, in addition to any fine which may be imposed for a violation of this article, the responsible party shall be liable for all costs which may be assessed pursuant to this article for the correction or abatement of the condition.
- If in the opinion of the Public Works Director the condition constitutes an imminent health or safety hazard, the Public Works Director may immediately abate the hazard without notice. Such abatement of an imminent health or safety hazard shall be limited to the minimum work necessary to remove the hazard.
It is a violation of this Article for any person or entity to collect and transport, or cause to be collected and transported, any solid waste on or along any public street or alley in the Town without such person or entity obtaining and maintaining a solid waste license from the Town for the period during which such solid waste is to be collected and hauled on or along any such public street or alley unless excepted from the provisions by law. For the purposes of this section, solid waste shall also include recyclable materials.
The provisions of this article shall not be applicable to any person or entity collecting and transporting solid waste on or along a public street or alley in the Town when:
- Persons who collect, transport or dispose of medical waste, infectious waste, hazardous waste, toxic waste or any other similar category of solid waste for which the person has obtained a required state, county or federal permit to engage in such activities.
- This exemption shall not extend to collection, transportation or disposition of materials not enumerated herein.
- Such person is an owner or occupant of property from which solid waste is taken to a designated recycling point within the Town to the extent such trash is eligible for deposit at such recycling point;
- Such person is an owner or occupant of property wherein such person has or has caused to be generated small amount of nonhazardous building materials from time to time and transports such materials in his or her own vehicle to a proper point of disposal;
- Persons who engage in the activities described in this article only secondarily or incidentally to other services or activities (e.g. lawn services, tree trimming services, contracting, etc.).
The Town Public Works Director has the authority to issue Commercial Hauler Licenses. A class A License is required for persons providing commercial or industrial solid waste management services alone or in conjunction with commercial or industrial recycling. A Class B License is required for persons that solely provide commercial or industrial solid waste management services in the Town. A Class C License is required for persons that solely provide commercial or industrial recycling.
Applicants for a solid waste license, or for annual renewal thereof, shall file a Town application form to include the following:
- The name(s), local address, permanent home and business address and telephone number of the individual(s) applying for the license and the organization or persons on whose behalf the application is completed;
- The name(s), business address and telephone number of all owners, partners, general managers and principal officers;
- Evidence that the applicant possesses the adequate equipment and necessary qualifications to collect, transport and dispose of the solid waste in a manner satisfactory to the Public Works Director and in conformity with all applicable federal, state, county and Town laws, rules and regulations;
- A description of any violations of a Solid Waste License within the last three (3) years;
- Other information as the Public Works Director may require verifying the applicant's qualifications and information submitted in the application. Such information may include an audited financial statement and other indicators of financial stability of the applicant;
- A nonrefundable license application fee as established by Council resolution.
- In consideration for the right to use the public rights-of-way within the Town to operate a commercial or industrial recycling or solid waste management service, a person providing such services shall pay an annual license fee, in consideration for the right to use the public rights-of-way, as established by Council Resolution. Annual license fees shall be paid within ten (10) days from issuance of the License and within thirty (30) days prior to each subsequent anniversary date of the issuance of the License to renew.
- Required insurance verification.
- A License is not effective until applicant has executed the License.
- The Public Works Director shall issue a solid waste license to each applicant upon satisfactory submittal of a license application, insurance and payment of fees. Application for renewal shall be submitted to the Town at least 30 days prior to the annual expiration of the current license.
- License is for one (1) fiscal year period.
- Licenses are nontransferable.
- Licensee is to comply with all applicable laws and regulations.
- Licensee is to comply with the hours of collection established by the Public Works Director.
- The Licensed hauler shall indemnify and hold the Town harmless from any loss, harm, claim, cost or liability of any kind arising out of operation of the Licensee’s business. The Licensee shall reimburse the Town for all costs including litigation costs and attorney fees in connection with any such claim or liability.
- Licensee consents to allow the Town’s authorized representatives to examine any property or records of the Licensed Hauler which relate to license compliance, at all reasonable times. Licensee may identify confidential records which may impact competition to be excluded from inspection.
All vehicles used for solid waste collection and transportation within the Town must have all required vehicle licenses or certificates in place at the time of initial license application and each license renewal. Vehicles may be inspected by the Public Works Department or the police department at any time on a random basis during the term of the license. All vehicles must meet the following requirements throughout the term of the license:
- Vehicles must be in good condition and repair and comply with current Arizona Department of Transportation standards. The bodies shall be of readily cleanable construction and watertight. A current garbage hauler license issued by the Maricopa and/or Yavapai County Health Departments must be maintained for all vehicles.
- Vehicles shall be maintained and operated in a clean and neat manner so as to prevent solid waste from spilling, leaking and blowing from the container onto the roadway;
- All open top roll-off containers must be covered or tarped when in transit to prevent solid waste or contents from spilling or blowing from the container onto the roadway;
- Vehicles shall be equipped with an approved backup protection device;
- The outside of each vehicle must be clearly identified with the name and phone number of the licensee operating the vehicle. All letters shall be no less than three (3) inches in height, legible from a distance of ten (10) feet and shall be displayed on both sides and rear of the vehicle. Each vehicle shall additionally display one Town-provided decal, affixed permanently and clearly visible on the driver's side door. Only vehicles with a Town decal may be used in the performance of the license.
- Licensee shall have joint responsibility with the solid waste customer to keep and maintain sufficient standard commercial containers as to accommodate the disposal needs of the establishment.
- Containers may be inspected annually. If the container fails to meet such standards as set forth herein, the Public Works Director may issue a notice of violation to the responsible party by means of tagging the container and delivery of a Notice of Violation in person or by first class certified mail, return receipt requested. Any violation not addressed within seven (7) calendar days may result in a civil sanction as set by fee schedule. Each day that the violation continues is a separate offense.
- Licensee shall at all times maintain its containers, roll-off bodies and solid waste compactors in sanitary conditions and good repair as may be determined by the Public Works Director. All licensee-owned containers, roll-off bodies and solid waste compactors shall be painted and have the licensee's name and telephone number legibly identified with lettering at least three (3) inches in height and legible from a distance of ten (10) feet.
- Licensee shall service only containers, roll-off bodies or solid waste compactors consistent with the license issued under this article. The commercial containers, roll-off bodies and solid waste compactors shall be located on the customer’s property so as not to interfere with vehicular or pedestrian traffic and shall be in conformance with all license and Town Code requirements.
- If a violation presents a health or safety hazard in the judgment of the Town, the Public Works Director may remove the container and dispose of it at the responsible party’s expense.
- In addition to any other penalties set forth in this Article, any solid waste container which is placed or maintained at a commercial, industrial, or multi-family establishment in violation of any Town or state law may be seized and impounded by the Town, at the owner's expense. Prior to the seizure and impoundment of any solid waste container, the Town shall conspicuously post upon said container a notice of violation which sets forth the specific violation and the date in which the container will be seized if the violation has not been corrected. The notice of violations shall be posted at least ten days prior to the seizure of the container.
- The owner of any container which is impounded pursuant to the provisions of this section shall have 30 days to pay the Town cost of seizure and storage, as set by Council resolution, to retrieve the container. If the owner of a container has failed to pay the applicable cost or failed to retrieve the container within 30 days of its seizure, the Town is authorized to dispose of the container upon such condition and terms as determined by Town.
- All licensees under this division shall provide two copies of the quarterly report; one to the Town Clerk and a second to the Public Works Department with the following information, in writing, each calendar quarter, or portion thereof, that the license is in effect:
- The number of customers being serviced within the Town limits itemized as follows:
- Single-family residential accounts.
- Multi-family accounts.
- Commercial/industrial accounts.
- The total number of containers being serviced.
- The total number of tons of solid waste collected and sites where deposited.
- The total number of tons recycled and sites where deposited.
- The reports shall be submitted not later than the last day of the month following the end of the quarter. All reports submitted pursuant to this section shall remain confidential to the extent allowed under federal and state law.
- Upon the written request of the Public Works Director, licensee shall provide all other information as may become necessary to conform or assist in conforming to all applicable federal, state, county, or Town laws, articles resolutions, rules and regulations concerning solid waste, recycling, source reduction or similar activities.
It shall be a violation of this Article and a violation of the terms of the license issued for any licensee to engage in any of the following practices:
- Failure to comply with any provision of this article or of a license between the Town and licensee.
- Provision of solid waste collection services to residential and commercial waste generators in the Town without a license provided under the provisions of this article, and unless such license is in full force and effect.
- Failure to comply with any of the provisions of Title 49, Arizona Revised Statutes or Arizona Administrative Code, Title 18, Article 8 or any applicable county regulation.
- To contract, combine or conspire with one or more other licensees under this article or persons for the purpose of restraining competition or limiting competition for the provision of solid waste collection services to commercial generators.
- To engage in predatory pricing practices in violation of the Arizona Uniform Antitrust Act.
- To provide solid waste collection services to any single family dwelling units or accounts without a written agreement executed by the Town.
- Licenses may be denied, modified, or revoked by the Town after notice and hearing for any of the following causes:
- Fraud, misrepresentation, or false statement contained in the application.
- Any material violation of this article including payment of fees, or failure to meet any other licensing requirements after notice and opportunity to cure within the reasonable time specified by the Town.
- Conducting a business in violation of any federal, state, county or local law, including Title 49 Arizona Revised Statutes.
- The licensee is convicted of untrue, fraudulent, misleading or deceptive advertising.
- The licensee is a corporation and is no longer qualified to transact business in the State of Arizona.
- Willful, grossly negligent, or repeated violations of this article, the license, or any other applicable law or regulation relating to the provision of solid waste collection services.
- A license shall not be revoked if the licensee's violation of the license is the result of force majeure.
- Any decision by the Public Works Director to deny an application shall be in writing and set forth the findings and reasons for the decision. The decision shall be mailed to the applicant.
- Any aggrieved person may appeal a decision by the Public Works Director to deny a license application.
- The appeal shall be filed with the Town Clerk no later than 15 days after receipt of the Public Works Director's decision, and shall consist of a written statement fully describing the grounds for appeal.
- The Town Clerk shall schedule a hearing within 30 days of receipt of the appeal, and notice shall be mailed to the appellant.
- The Town Manager shall preside over a Hearing on the appeal.
- Following a Hearing on the appeal, the Town Manager shall render a written decision on the appeal, setting forth the findings and reasons for the decision.
- Any aggrieved person may appeal the Town Manager’s decision to Superior Court.
- If the Public Works Director determines that a licensee is in violation of this Code or the license, the Public Works Director may:
- Find that the licensee is in violation of the terms of the license and order corrective action; or
- In the case of a material violation, terminate the license, following a Hearing.
- Notice of the violations shall be served by certified mail to the licensee and shall set forth the nature of the violation. The licensee shall:
- Cure any such violation within the time specified by the Town or take reasonable steps to cure said violation and diligently continue such efforts until said violation is cured. Licensee shall report to the Town, in writing, at ten (10) day intervals as to its efforts, indicating the steps taken to cure said violation and reporting the licensee's progress until such violation is cured.
- Within twenty (20) days of receipt of such notice, respond to the Town in writing, if the licensee contests the Town's determination that a violation has occurred. The response should include such information or documentation as necessary to support the licensee's positions.
- If the licensee in its response contests the Town's determination that a violation has occurred within fifteen (15) days of the notice, the Public Works Director shall schedule a hearing.
- Following a hearing, if the Public Works Director determines that the licensee has committed a violation, the determination shall be in writing, including findings of facts and reasons for its decision. The decision of the Public Works Director shall become final unless a licensee requests a public hearing before the Hearing Officer appointed by the council within fifteen (15) days of its receipt of the Public Works Director's decision.
- If a public hearing before the Town Manager is requested by licensee, it shall be de novo and it shall convene within thirty (30) days of the request. All witnesses shall be sworn and shall be subject to cross-examination; however, formal rules of evidence shall not apply. The hearing Officer's decision, which shall include findings of fact, shall be made not later than twenty (20) calendar days after the conclusion of the hearing. In that decision, the Hearing Officer may:
- Find that licensee is not in violation of the license;
- Find that licensee is in violation but that such violation was with just cause and waive any penalty that may otherwise be imposed;
- Find that licensee is in violation of the terms of the license and requires corrective action;
- In the case of a material violation, declare the licensee in violation and revoke the license.
- In addition to all other rights and powers retained by the Council under this article or otherwise, the Hearing Officer shall have the right to revoke the license and all rights and privileges of the licensee for any of the reasons set forth in this article.
An applicant for a solid waste license whose application has been denied, or a solid waste contractor whose solid waste license has been revoked, may obtain an interim solid waste license to conduct operations pending its appeal to the Council appointed Hearing Officer or to the Superior Court. An application for an interim solid waste license may be submitted and issued in the same manner as for a Commercial Hauler License.
Section 13-3-1 DefinitionsSection 13-3-2 Sewer District Established: Connection RequiredSection 13-3-3 Responsibility Of OfficersSection 13-3-4 Area To Be ServedSection 13-3-5 Lateral Extensions To Existing Sewers; Permit RequiredSection 13-3-6 Plan For ExtensionSection 13-3-7 SpecificationsSection 13-3-8 Construction And In-Progress InspectionSection 13-3-9 Extension Rights ReservedSection 13-3-10 Costs Of ExtensionSection 13-3-11 ReplacementSection 13-3-12 Acceptance; Ownership, Authorization To UseSection 13-3-13 Connections; Charges To DevelopersSection 13-3-14 RatesSection 13-3-15 Connection To Sewer RequiredSection 13-3-16 Repair Or MaintenanceSection 13-3-17 Property Owner Responsible For Cleaning, Repair And Replacement Of Building Sewers And ConnectionsSection 13-3-18 Usage Of Sanitary SewersSection 13-3-19 PermitsSection 13-3-20 Powers And Authority For InspectionSection 13-3-21 Determination Of Character And Concentration Of Industrial WastesSection 13-3-22 Discharge Of Rainwater Or Uncontaminated Water ProhibitedSection 13-3-23 Prohibition Of Grease, Oil And SandSection 13-3-24 Additional RegulationsSection 13-3-25 Sewage Treatment Facility Expansion/Wastewater Treatment PlantUnless the context requires otherwise, the definitions given in this Section shall be used in the interpretation of this Article, the issuance of permits, the making of charges for service and all other operations of this Article.
- "B.O.D." (Denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter by weight.
- "Branch Sewer" means an arbitrary term for a sewer which receives sewage from lateral sewers from a relatively small area.
- "Building Connection or Sewer Tap" shall mean the connection to the public sewer and the extension therefrom of the sewer to the property line in an alley or street, or to the easement line in an easement, whichever is applicable, depending on the location of the public sewer.
- “Commercial Services” shall means service for any business, industrial or commercial building other than a private residence, including, but not limited to a store, office, factory, hotel, tourist court, mobile home park, motel, motor court, motor hotel, trailer court, apartment complexes, condominiums, townhouses and similar configured housing complexes, apartment hotel or residential building ordinarily leased for a period of less than three months. (Ord. 1142/8-14)
- "Developer" shall mean any person or persons engaged in the organizing and financing of a sewage collecting system within an area contributing to a branch, main, or a trunk sewer of the Town sewer system. Such may be either a subdivider or a legally constituted improvement district.
- "Discharger" shall mean any person that discharges or causes a discharge to a public sewer.
- "Domestic Wastewater" shall mean the water carried wastes produced from non-commercial or non-industrial activities and which result from normal human living processes.
- "Effluent" shall mean the liquid outflow of any facility designed to treat, convey or retain wastewater.
- "House Connection" shall mean the sewer connecting the building waste drainage system to the public waste drainage system to the public sewer for the Purpose of conveying domestic wastewater.
- "Industrial Connection Sewer" shall mean the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater.
- "Industrial Wastes" shall mean the liquid gaseous, or solid wastes produced as a result of any commercial or industrial operation.
- "Industrial Wastewater" shall mean all water carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional; commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of non-human origin.
- "Lateral Sewer" shall mean a sewer which discharges into a branch or other sewer and has no other common sewer tributary to it.
- "Main Sewer" shall mean a sewer which receives sewage from one or more branch sewers as tributaries.
- "Natural Outlet" shall mean any outlet into a watercourse, ditch, or other body of surface or groundwater.
- “New Construction” shall mean a new building or development for which a Building Permit is issued after September 3, 2008. “New Construction” does NOT include new accessory buildings or alterations or modifications to an existing dwelling. (Ord. 1011/9-08)
- "Person" shall mean any individual, partnership, committee, association, corporation, public agency, and any other organization or group of persons.
- "pH" shall mean the logarithm of the reciprocal of the hydrogen ion concentration. A stabilized pH will be considered as a pH which does not change beyond the specified limits when the waste is subjected to aeration. A pH value indicates the degree of acidity or alkalinity.
- "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension.
- “Public Corporation" shall mean this state and any political subdivision thereof, any incorporated municipality therein, any public agency of the state or any political subdivision thereof or any corporate municipal instrumentality of this state.
- "Public Sewer" shall mean any sewer dedicated to public use and whose use is controlled by a public corporation.
- “Rates” shall mean those rates determined by staff or outside professional services using industry standard method and shall include but not limited to the full replacement cost of all assets, staffing needs, operational expenses and any other item to ensure a safe and reliable water utility. Rates shall be set by council resolution.
- “Residential Services" shall mean service to any structure or premises used as a domicile, dwelling, or habitation including single family dwellings, duplexes, tri-plexes and four-plexes.
- "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
- "Section" shall mean a section of this Article.
- "Septic Tank Waste" shall mean any sewage from a holding tank such as vessels, chemical toilets, campers, trailers, motor homes, septic tanks and septic haulers.
- "Sewage" shall mean a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
- "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage.
- "Sewage Works" shall mean all facilities for collecting, pumping, treating and disposing of sewage.
- "Sewerage" shall mean any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.
- "Sewerage System" shall mean a network of wastewater collection, conveyance, treatment and disposal facilities interconnected by sewers and owned by the Town.
- "Sewer" shall mean a pipe or conduit for carrying sewage.
- "Shall" is mandatory and "may" is permissive.
- "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water or other liquids and which are removable by laboratory filtering.
- "Town" is the Town of Wickenburg, Arizona.
- "Trunk Sewer" shall mean a sewer constructed, maintained and operated by the Town that conveys wastewater to Town's treatment facilities and into which lateral and collecting sewers discharge.
- “Uncontaminated Water" shall mean any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the municipal storm water drainage system.
- "User" shall mean discharger.
- "Wastewater" shall mean the water carried wastes of the community derived from human or industrial sources including domestic wastewater and industrial wastewater. Rainwater, groundwater or drainage of uncontaminated water is not wastewater.
- "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.
- Symbols and Models.
- “Cu'' shall mean a user's charge for O & M per unit of time.
- “Cs'' shall mean a surcharge for wastewaters of excessive strength.
- “Vc'' shall mean the O & M cost for transportation and treatment of a unit of wastewater volume.
- “Vu'' shall mean the volume contribution from a user per unit of time.
- “Vt'' shall mean the total volume contribution from all users per unit of time.
- “Bc" shall mean the O & M cost for treatment of a unit of biochemical oxygen demand (BOO).
- "B" shall mean the concentration of BOD from a user above a base level.
- “Sc'' shall mean the O & M cost for treatment of a unit of suspended solids.
- "S" shall mean the concentration of SS from a user above a base level.
- “Pc" shall mean the O & M cost for treatment of a unit of any pollutant.
- “Pu" shall mean the total contribution of any pollutant from a user per unit of time.
- "FC" shall mean fixed costs or those costs related to billing and collections such as - meter reader salary, revenue clerk salary, computer operator salary' data processing supplies, postage and cost of forms.
- "VC" shall mean the variable cost of O & M of the sewer system which are all costs other than as defined in "FC".
(Ord. 1132/3-14)
HISTORY
Amended by Ord. 1011 on 8/4/2008
Amended by Ord. 1132 on 3/2/2014
Amended by Ord. 1142 on 8/18/2014
- Sewer District. For the better protection of the health and convenience of the inhabitants of the Town, real property located within the Town or annexed into the Town in the future is hereby declared to be a Sewer District.
- Connection Required. Except as provided in paragraph C., all new construction within the Sewer District shall connect to the Town’s sewer system and all existing residential and commercial properties shall connect to the Town’s sewer system when a Town sewer line is extended to within three hundred (300) feet of the property. Where connection to the sewer system is required pursuant to this Section, the owner of the real property shall cause to be connected to the sewer system all privies, cesspools and open or unconnected drains within one hundred and twenty (120) days of the date of written notice from the Town requiring connection. Such connection shall be in accordance with Town requirements, the cost of connection shall be borne by the property owner and within six (6) months any septic tanks, privies, cesspools, or similar private sewage disposal facility shall be abandoned and filled with suitable material pursuant to County regulations.
- Exceptions. Connection to the sewer system shall not be required for:
- An individual single family dwelling when it is determined by the Town Engineer and the Public Works Director or his/her designee that either (i) the dwelling was served by an alternative sewage disposal system as of September 3, 2008, or (ii) the cost of the required extension exceeds the cost of an approved alternative sewage disposal system by four (4) times. (Ord. 1132/3-14)
- A development, other than an individual single-family dwelling, that is a single-family project, multi-family project or commercial or industrial building of less than 50,000 square feet, when it is determined by the Town Engineer and the Public Works Director that either (i) the project or building was served by an alternative sewage disposal system as of September 3, 2008, or (ii) the cost of the required extension exceeds the cost of an approved alternative sewage disposal system by six (6) times.
- A development that includes a commercial or industrial building of 50,000 square feet or greater, when it is determined by the Town Engineer and the Public Works Director that either (i) the building was served by an alternative sewage disposal system as of September 3, 2008, or (ii) the cost of the required extension exceeds the cost of an approved alternative sewage disposal system by ten (10) times.
- Owner Election to Connect. Owners of real property that are exempt from the requirement to connect to the Town’s sewer system may elect to do so, in which event the cost of such connection shall be borne by the owner.
- State or Federal Law Requiring Connection. Notwithstanding anything contained herein to the contrary, if State or Federal Law requires abandonment of a septic system, connection to the Town’s sewer system shall be required at the expense of the affected property owners.
(Ord. 1011/9-08) (Ord. 1176/7-17)
HISTORY
Amended by Ord. 1011 on 8/4/2008
Amended by Ord. 1132 on 3/2/2014
Amended by Ord. 1176 on 6/19/2017
For the convenience, best administration and operation of the sewer system of the Town, it is hereby made the duty of the Town officers and employees in charge of and operating the Town sewer system to perform the same duties with respect to the operation, management and control of the sewer system as is required of them in the operation and management and control of the water system except as may be otherwise provided in this Code or by resolution or ordinance of the Council.
(Ord. 1132/03-14)
HISTORY
Amended by Ord. 1132 on 3/2/2014
- The maximum area to be serviced by the proposed sewer main extension and its ultimate extensions shall be determined by the Town Engineer based on local topography and drainage conditions. In the event the area to be serviced by the developer is less in size than the maximum area to be serviced by the proposed sewer main extension and its ultimate extensions, the sewer main extension shall be designed, engineered and constructed to serve the maximum area described heretofore.
- Except as provided in subsection C of this section, no sewer service shall be provided outside the Town's corporate limits.
- Sewer service may be provided outside the Town's corporate limits when:
- Such sewer service was being provided prior to June 1, 1974; or
- Such sewer service is for the purpose of serving Town facilities; or
- The developer desiring to cause an extension of the sewer system executes an agreement as follows:
- The developer shall agree to annex the property into the Town at such time as the Town determines it is lawful and feasible to do so.
- The sewer service may be terminated upon the sale of the property for which the sewer service is being provided, unless prior thereto it is annexed into the Town.
- The developer causing an extension of the sewer system shall agree to pay all costs for the construction of said extension but may, in part, be reimbursed as provided in Section 13-3-10, subsection B of this Code.
- The developer shall warrant the sewer line extensions and upon final inspection, convey same to the Town.
- In cases in which a sewer in existence prior to June, 1974, can serve a customer if a lateral sewer but no other sewer is extended, the Town reserves the right to install such lateral sewer from such existing sewer to such customer's property line at the customer's expense and without engineering other than that provided by the Public Works Director or his/her designee notwithstanding other provisions of this Article.
- It is unlawful for any person to tap or connect or cause to be tapped or connected, any service drain or other pipe with the sewer system of the Town or to connect their property to or with any such tap, drain or other pipe connected with the sewer system without first applying for and obtaining a permit from the Public Works Director, and payment of the appropriate sewer/wastewater development fee provided for under Chapter 8, Article 8-4 of the Code. It is hereby made the duty of the Public Works Director, before issuing a permit, to investigate and inquire into the sanitary and other conditions of the proposed connections with such sewer system for the purpose of ascertaining whether or not same may be made or installed in a proper and sanitary condition and in accordance with the Plumbing Code, State laws and such specifications as are provided in this Article or as may be adopted by the Council. (Ord. 803/6-96)
(Ord. 1132/03-14)
HISTORY
Amended by Ord. 803 on 6/3/1996
Amended by Ord. 1132 on 3/2/2014
A developer who wishes to extend sewer facilities must employ a civil engineer registered in Arizona to perform the field engineering and to prepare detailed plans and specifications for such extension. This engineer shall not be the Town Engineer nor any engineer employed by, retained by or operating as an independent contractor on behalf of the Town. The final detailed plans and specifications for the sewer extension must be approved by the Town Engineer as being within such specifications of the Town as are provided in this Article and as may be adopted by the Council and as are in accordance with good engineering practice, before construction begins. All extensions of sewer mains shall have Council approval prior to the beginning of construction.
- There shall be installed no lateral sewer of a diameter of less than four inches, nor branch sewer of a diameter of less than six inches, nor a main or trunk sewer of a diameter less than eight inches. Further, the Town reserves the right to specify diameters larger than those provided in this subsection.
- All sewer mains and service lines shall be constructed of polyvinyl chloride ASTM D-3034, SDR-35 or vitrified clay pipe ASTM C-700. (Ord. 803/6-96)
- Except for lateral sewers, sewer lines shall be installed only in dedicated rights-of-way along such streets or alleys and in easements for such purpose accepted by the Town.
- There shall be installed within the developer's area, at the developer's expense, one sewer tap for each potential lateral as determined by the Town Engineer. Further, from each aforementioned tap there shall be installed at the developer's expense, a lateral, in a direction specified by the Town Engineer, to at least the boundary of the dedicated right-of-way of the extension.
HISTORY
Amended by Ord. 803 on 6/3/1996
- Prior to the start of construction, an offsite improvement permit shall be obtained from the Public Works Department. No such permit shall be issued until plans for the extension have been approved pursuant to Section 13-3-6, Plan for Extension. The cost of said permit shall be determined by Resolution of the Council. The estimated cost of inspections shall be collected prior to issuance of the permit. If the actual cost of inspections exceeds the estimate, the additional amount must be paid to the Town prior to final approval of the extension. If the actual cost of inspections is less than the estimated cost, the overcharge will be refunded.
- The construction of sewer line extensions as contemplated in this Article shall meet the specifications, requirements and approval of the Town and such construction shall be subject to in-progress inspection by the Town Engineer or the Public Works Director or his/her designee of Public Works. (Ord. 1132/3-14)
HISTORY
Amended by Ord. 1132 on 3/2/2014
The Town reserves the right to install any sewer line extension.
- Except as may be provided in subsection B of this section, the developer causing an extension of sewer lines shall pay in full for all rights of way, easements, engineering, the construction and installation of all lines, pipes, mains and other features necessary for the extension as determined by the Town Engineer. Upon final inspection and acceptance of the improvements by the Town, the developer shall relinquish all rights and interest to the improvement, rights-of-way and all claims for reimbursement by others except as provided in subsection B of this section.
- When a developer desires to construct a sewer line extension, and said extension includes the capacity to serve more properties than those being developed by the developer (excess capacity); and said excess capacity is to be provided in accordance with Section 13-3-4, subsection A of this Code, the Town may enter into a utility line extension payback agreement to provide for the pro-rata reimbursement by those who subsequently derive benefit from said extension to the developer who caused, and paid for, the installation of the extension under consideration. Such reimbursement shall be accomplished pursuant to a utility extension payback agreement in the form, and with the content, adopted by resolution of the Council. The utility extension payback agreement may be tailored to suit the particular situation, provided however, that the following criteria and administrative procedures shall be complied with.
- Those who subsequently derive benefit shall be defined as developers or property owners who subdivide or develop land within the sewer service area of the proposed extension and its ultimate extensions as determined pursuant to Section 13-3-4, subsection A of this Code after an offsite improvement permit has been issued for the proposed extension. Excluded from this definition are existing developments which are served by existing sewer lines within the service area of the sewer line extension.
- Apportionment of the cost shall be based on the designated sewer service area as determined pursuant to Section 13-3-4, subsection A of this Code exclusive of dedicated rights-of-way or easements. The cost apportioned to a given parcel shall be the pro-rated share of the total cost of the project in the ratio of the area of the parcel to the service area of the proposed extension and its ultimate extensions, or, as otherwise established by resolution of the Council.
- Costs apportioned to lands under the provisions of this subsection shall be collected by the Town from each owner as a prior condition to the provision of sewer service to the property in question.
- Utility payback agreements shall remain in effect for a specified time period which in no case shall exceed ten years.
- The Town's Finance Director shall establish and maintain an accounting procedure for the express purpose of administering and monitoring all such utility pay-back agreements.
All persons or other entities who create, cause to be built, or build any sewer line extensions shall also pay for any and all such replacements including but not limited to those of street surfacing, curbs or sidewalks, as become necessary as a result of the creation, building or construction of such extensions.
Except for a lateral extension to an existing sewer as described in this Article, when an extension is completed and approved by the Town Engineer as conforming to the provisions of this Article and to such health regulations as may be otherwise provided, then the Town Council shall, by resolution, accept, approve and authorize the use thereof, provided that the extension shall first have been conveyed to the Town free and clear of any and all encumbrances.
- The Town shall have exclusive control of connections to sewer line extensions.
- Building or house connection (sewer tap) charges and monthly sewer service charges within the developer's area shall be made at the rate approved by Council resolution. (Ord. 1132/03-14)
- Before any tap or connection is made, the applicant/developer shall pay to the Town the applicable sewer/wastewater fee as approved by Council resolution. (Ord. 1132/03-14)
HISTORY
Amended by Ord. 1132 on 3/2/2014
- A flat fee charge shall be made to defray fixed costs. The amount of the flat rate charge shall be determined by dividing the total fixed costs by the number of sewer users connected to the sewer system at that particular time.
Formula: Monthly charge = FC divided by the number of sewer users divided by 12. - A charge shall be established per each 1,000 gallons of metered water usage to defray the operation and maintenance variable cost. The amount to be charged for normal strength domestic sewage shall be determined by applying actual metered water usage to the following formula:
Cu = VC/(Vt-Vu) i.e. a usage charge shall be equal to the total variable cost divided by the total volume contribution from all users times the volume contribution from that particular user. - Any user which discharges any toxic pollutants or makes a contribution which is higher in strength than the normal wastewater shall be assessed a surcharge based on the following formula:
Cs = (Bc (B) + Sc (S) + Pc (Pu)) Vu
Therefore, any contributor that exceeds the concentration of normal domestic sewage in BOD, suspended solids or other pollutant concentrations shall be assessed proportionately to that contribution by the surcharge method. - The Town has no industrial users. Prior to connecting an industrial user to the sewer system the Town shall have its industrial cost recovery system of charges approved by the Environmental Protection Agency.
- The Town shall review and revise, if necessary, not less often than every two years the wastewater contribution of sewer users, the total cost of operation and maintenance of the treatment works, and its approved user charge system in order to maintain the proportionate distribution of operation and maintenance cost among users and adjust the rate accordingly. The user rate system shall generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement parts) of the treatment works.
- The user charge system shall take precedence over any terms or conditions of agreements or contracts between the Town and users (including industrial users, special districts, other municipalities or federal agencies or installations) which are inconsistent with the federal wastewater treatment regulations.
- Federal pretreatment requirements will be enforced.
- It is unlawful to fail to pay any established sewer service charge.
- Each user will be notified annually by separate mailing, notice in the local newspaper or by message on the regular bill in conjunction with a regular bill, of the rate and that portion of the user charge which is attributable to operating and maintaining wastewater treatment services.
- Upon approval of the Public Works Director or his/her designee, any individual user may, at the user’s expense and subject to the regulations of the Town, install a separate meter in order to determine the quantity of water actually entering the sewer system, and the future sewer charges shall be limited to that water actually entering the sewer system as so determined by the Director of Public Works or his/her designee. (Ord. 1132/03-14)
- Water meter adjustments to reflect sewer flow:
- Upon written request by a non-industrial user, the Public Works Director or his/her designee shall determine the average water billed to each such user during the preceding January, February and March. (Ord. 1132/03-14)
- The average monthly water bill determined in paragraph 1 above shall represent sewage usage for non-industrial users for a 12-month period beginning July 1 of each year.
- If the Public Works Director or his/her designee determines that adequate water meter information is not available for billing, due to incomplete consumption records such as may occur with new users or users served by private water companies, then the user will be charged the average billing for that user class. (Ord. 1132/03-14)
- If any customer/user of the Town's sewer system makes a written request for investigation of a malfunction in his water supply system, the Public Works Director or his/her designee shall cause an investigation to be made to determine if the customer's water system is malfunctioning. If the Public Works Director or his/her designee determines that there is a malfunction of the customer's water system and by reason thereof the customer's sewer charges will, or have been, substantially increased, the Public Works Director or his/her designee may instruct the Finance Director to adjust the customer's sewer bill, and water bill if applicable, to reflect past and outstanding charges to the customer. The term "substantially increased" as herein used is defined as an increase of 1,000 gallons or more and any adjustments made shall be in increments of 1,000 gallons. (Ord. 1132/03-14)
HISTORY
Amended by Ord. 1132 on 3/2/2014
- For the better protection of the health, safety and general welfare of the citizens of Wickenburg, all persons owning real property adjoining rights-of-way or easements in which there are pipes, lines or mains of the public sewer system shall cause all privies, cesspools and open and unconnected drains to be connected to the sewer system within ninety days after receipt of written notice from the Town requiring said connection.
- All development within the Town limits of Wickenburg, but not adjacent to a right-of-way or easement in which sewer lines, pipes or mains have been installed, shall extend the sewer system to the site of the development and cause connection to the sewer except individual single family dwelling when it is determined and found by the Town Engineer and the Public Works Director or his/her designee that the cost of the required extension exceeds the cost of an approved alternative sewage disposal system by four (4) times. (Ord. 803/6-96) (Ord. 1132/03-14)
HISTORY
Amended by Ord. 803 on 6/3/1996
Amended by Ord. 1132 on 3/2/2014
- The Town reserves the right and assumes full responsibility of costs for repair or maintenance of branch, main or trunk sewers.
- Repair or maintenance of lateral sewers shall be the responsibility of the customer. In the event that such repair or maintenance occasions the breaking of street surfacing, curbs or sidewalks, or occasions excavating in a dedicated right-of-way, the Town reserves the right to make suitable replacements or repairs at the customer's expense.
- The property owner shall be responsible for the cleaning, unstopping, maintenance and repair of the building connection piping serving his property from his home or building to the public sewer line.
- Where the correction of a stoppage requires the repair or replacement of a damaged or broken section of the building connection, and the damaged or broken section is located off property in a street or alley, the owner or his contractor shall obtain a permit from the Community Development/Neighborhood Services Director to do work in a public right-of-way prior to doing the work. (Ord. 1132/03-14)
HISTORY
Amended by Ord. 1132 on 3/2/2014
- No person shall discharge or deposit any of the following waste materials into any Town sewer:
- Any liquid or vapor having a temperature higher than 150° F.
- Any water or waste which may contain more than 100 milligrams per liter, by weight, of fat, oil or grease, exclusive of soap. Provided that up to 500 milligrams per liter may be discharged by permit authorization.
- Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquids, solid or gas.
- Any garbage that has not been properly shredded.
- Any ashes, cinders, sand, mud, straw, shaving, metal, glass, bones, rags, feathers, tar, plastics, wood, paunch manure or other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the treatment works.
- Any water or wastes having a stabilized pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage treatment plant or system.
- Any water or wastes having a biochemical oxygen demand in excess of 500 milligrams per liter by weight.
- Any waters or wastes containing more than 500 milligrams per liter by weight of suspended solids.
- Any waters or wastes having an objectionable color which is not removable in the existing sewage treatment plant process.
- Any waters or wastes containing a toxic or poisonous substance or any other materials in sufficient quantity to injure or interfere with any waste treatment process, or constitute a hazard to humans or animals, or create any hazard in the receiving stream at the sewage treatment plant.
- Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
- Any noxious or malodorous gas or substance capable of creating a public nuisance.
- Any waters or wastes containing more than 200 milligrams per liter of chlorides. Provided that up to 500 milligrams per liter may be discharged by permit authorization.
- Any industrial waste having a total kjeldahl nitrogen to BOD ratio greater than 6:100 by weight.
- Septic tank waste as defined in this Article.
- No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town and any person whereby an industrial waste of unusual strength or character may be admitted into the sanitary sewers by the Town either before or after approved pretreatment or pre-handling and subject to payment thereof by the industry involved.
- Notice shall be given to the Public Works Director or his/her designee whenever a change in the industrial process of waste discharge is contemplated or when the normal operation of the industry discharging industrial waste into the Town sewer system will be interrupted for three days or longer with no industrial discharge. (Ord. 1132/03-14)
HISTORY
Amended by Ord. 1132 on 3/2/2014
- Any person desiring to deposit or discharge, or who is now depositing or discharging any industrial waste into the sanitary sewers shall make application for the disposal of industrial waste to the Public Works Director or his/her designee. The Public Works Director or his/her designee shall approve such applications only when evidence is submitted by the applicant that the discharge into the sanitary sewer will comply with all of the requirements of this Code. (Ord. 1132/03-14)
- Should any person fail to secure a permit or fail to have his application approved or is subsequently found to be exceeding the limits set forth in his permit, the Town Officer in charge of the sewer system's operations upon twenty-four hour notice, if such person is using Town water, shall disconnect such person's connection with the Town water system and the same will only be reconnected at such owner's expense; and if such person, after twenty-four hours notice, shall have his connection with the Town sewer system severed, such services will only be restored at such person's expense.
HISTORY
Amended by Ord. 1132 on 3/2/2014
- The Public Works Director or his/her designee and other duly authorized employees of the Town, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this Code.
- Authority is hereby granted to the Public Works Director or his/her designee after approval of the Mayor and Council to temporarily exclude any industrial waste, whether pre-treated or not, from the sanitary sewers whenever, in the opinion of the Public Works Director or his/her designee, such action is necessary for the purpose of determining the effects of such wastes upon the sewage system and sewage treatment plant or for the purpose of preventing detrimental effects to said system and plant or to the receiving stream.
(Ord. 1132/03-14)
HISTORY
Amended by Ord. 1132 on 3/2/2014
- The industrial waste of each person discharging same into the Town sanitary sewers shall be subject to periodic inspection and a determination of character and concentration of said wastes shall be made quarterly, or more often as may be necessary, by the Public Works Director or his/her designee or his authorized assistants. (Ord. 1132/03-14)
- Samples shall be collected and composited in such a manner as to be representative of the actual quality of the industrial wastes. The laboratory methods used in the examination of said wastes shall be those set forth in Standard Methods for the Examination of Water and Wastewater - as published by the American Public Health Association, the most recent edition, a copy of which is on file with the Town Clerk for inspection by any interested parties. (Ord. 1132/03-14)
- The determination of the character and concentration of the industrial wastes by the Public Works Director or his/her designee, or his authorized assistants, shall be binding as a basis for charges. (Ord. 1132/03-14)
- Total costs incident to the supervision, inspection, sampling and analyzing of industrial wastes shall be included in any special charge made to persons discharging industrial wastes into the Town sanitary sewers.
HISTORY
Amended by Ord. 1132 on 3/2/2014
No person shall discharge or cause to be discharged any rainwater, storm water, groundwater, street drainage, subsurface drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water into any sewerage facility which directly or indirectly discharges to facilities owned by the Town.
Interceptor Units Shall Be Installed. Grease, oil and sand interceptor units shall be installed in compliance with the Uniform Plumbing Code when, in the opinion of the Public Works Director or his/her designee, they are necessary for the proper handling of wastewater containing excessive amounts of grease, oil or sand; except that such interceptor units shall not be required for residential users. All interceptor units shall be of the type and capacity approved by the Public Works Director or his/her designee and shall be so located to be easily accessible for cleaning and inspection. Such interceptor units shall be inspected, cleaned and repaired regularly, as needed, by the user at user's expense. The user shall keep and maintain records for the preceding three years that document all cleanings, repairs and proper disposal from all such interceptor units. Such records shall be available for inspection by the Public Works Director or his/her designee.
(Ord 1132/03-14)
HISTORY
Amended by Ord. 1132 on 3/2/2014
The Council may from time to time, by resolution, prescribe such additional regulations and requirements governing connections to and the use of said sewer system as may be proper or expedient.
In compliance with the Arizona Department of Environmental Quality Regulations (ADEQ), the setback area established in ADEQ Rule R18-9-B201(l) for the Sewage Treatment Facility/Wastewater Treatment Plant located at the alignment of South Tegner Street is decreased to three hundred feet (300’) as measured from the Disposal Component closest to an adjacent dwelling or workplace and such adjacent dwelling or workplace. No dwelling, workplace, Sewage Treatment Facility/Wastewater Treatment Plant or Disposal Component of the Sewage Treatment Facility/Wastewater Treatment Plant shall encroach into the setback area.
(Ord. 1044/8-09)
HISTORY
Amended by Ord. 1044 on 8/3/2009
Section 13-4-1 Discontinuance Of ServiceSection 13-4-2 RatesSection 13-4-3 PaymentSection 13-4-4 Connect ChargeSection 13-4-5 MetersSection 13-4-6 LiabilitySection 13-4-7 Regulations Part Of ContractSection 13-4-8 Restriction On Resale Of Water- Any person who desires to discontinue the use of water service shall file written notice with the Town at least three days in advance of intended termination of service. Responsibility for water service consumed extends to the time of departure or the time specified for departure, whichever occurs last.
- The Town may discontinue water service upon any of the following conditions:
- To prevent fraud or abuse.
- Disregard of Town rules pertaining to water service.
- Emergency repairs.
- Insufficient supply caused by factors outside the control of the Town.
- Legal process.
- Direction of public authorities.
- Local emergency requiring emergency measures.
- Tampering with meter or other equipment by the consumer.
The Council shall by Resolution determine the monthly rate to be paid for water service.
- Billings from the Town to its customers for water service shall be due and payable within fifteen days after mailing and delinquent thereafter. Water customers not paying in full their billing for water services, within fifteen days from the date the water bill is due, shall immediately thereafter have water service to the establishment for which the unpaid billing exists disconnected. Service shall not be reconnected to such customer until:
- The delinquent amount is paid in full;
- A reconnect fee of thirty dollars is made to the Town; and
- A deposit for future billings is made which deposit shall be an amount double the average monthly billing for the last six months prior to service cut-off, or the average of the number of months the meter has been installed if the installation of the meter is less than six months or fifteen dollars, whichever is greater. (Ord. 1133/3-14)
- Any monies deposited with the Town pursuant to this section shall be held in a separate account established by the Town. The Town shall return the deposit in full at the end of a one year period of time from the date of reconnection only if during that period of time no water billing is unpaid or delinquent.
- The only exception to the service disconnection provisions is a thirty-day extension which may be granted by the Town Manager upon written request and for good cause.
- The Town may discontinue other Town-supplied utility service for failure to pay for billings for water service.
HISTORY
Amended by Ord. 1133 on 3/2/2014
In addition to the charge provided in Section 13-4-3, each customer shall pay a connect charge for each original connection for water services as set by Council resolution.
(Ord. 1133/3-14)
HISTORY
Amended by Ord. 1133 on 3/2/2014
- Meters to be Used. Each customer of water supplied by the Town shall be supplied such water only through a standard designed water meter as specified by the Public Works Director or his/her designee which shall measure the consumption of water in terms of gallons, and no water service shall be supplied any consumer except in accordance herewith. The Town shall not be construed to be a consumer. Title to the water meters so installed shall remain in the Town and said meters shall be services and repaired by the Town. (Ord. 1133/3-14)
- Individual meters shall be installed for each occupancy unit, and each occupant thereof shall be billed separately by the Town; however, upon approval by the Public Works Director or his/her designee a master meter may be utilized for multi-occupancy projects and the base monthly charge as established by resolution of the Council shall be charged for that meter. The base monthly rate will be calculated by each residential/commercial dwelling as a fee per dwelling. (Ord. 1007/7-08, Ord. 1133/3-14)
- Meter Specifications. Water meter and service shall be of sufficient size as specified by the Internal Building Code version adopted by the town. (Ord. 1133/3-14)
The building inspector shall have authority to require reasonable meter and service sizes larger than those of the schedule. - Water Meter Failure. If a water meter fails to operate and a reading cannot be taken, a bill shall be made by the Town in an amount based on the average monthly billing of the previous three months.
- Interference by Dogs. In the event any dog kept on the premises interferes with meter reading by an employee of the Town and the meter is not read, a billing shall be made by the Town in an amount based on the average monthly billing of the previous three months.
(Ord. 1007/7-08) (Ord. 1011/9-08) (Ord. 1133/3-14)
HISTORY
Amended by Ord. 1007 on 6/16/2008
Amended by Ord. 1011 on 8/4/2008
Amended by Ord. 1133 on 3/2/2014
- Interruption of Service. The Town shall notify the consumer in advance of any anticipated interruption of service when such advance notice is possible. The Town shall not be responsible for any interruption of water service caused by forces beyond its control.
- Liability Limited. No liability shall attach to the Town for any injury or damages that may result from turning on or shutting off the water in any main, service connection or pipe; or the restriction of use or discontinuance of any water service, or any failure of the water supply, regardless of any notice or lack of notice thereof. The Town shall not be held liable, in any respect, for the condition, defects, failure or use of any pipe, connection, fixture or appurtenance, not belonging to the Town, on any premises, or for loss or damage resulting therefrom.
All regulations contained in this Article shall be considered a part of the contract of every resident of the Town taking water service from the Town, and such resident taking water service shall be considered as having expressly consented to be bound thereby. Consumers outside the Town limits shall, upon application for water service, be required to sign a statement agreeing to the regulations set forth in this Article.
- If a customer purchases water services from the Town for distribution through a system owned or operated by the customer and imposes separately stated charges on other persons, the aggregate amount of the separately stated charges shall not exceed the actual cost paid by the customer to the Town for the water services.
- The customer shall provide to each person subject to a separately stated charge, a statement of the average water service charge per month per person for the prior year.
- The customer shall, at the Town’s request, provide a list of each separately stated charge imposed upon each person for the prior month.
- The term “water customer,” as used in this section, shall not include the following:
- A public service corporation that charges rates and fees set by the Arizona Corporation Commission, as defined in the Arizona Constitution, Article XV, Section 2.
- A retail establishment that sells water in a container or allows consumers to provide their own containers for transporting water.
(Ord. 1164/5-16)
HISTORY
Amended by Ord. 1164 on 5/16/2016
Section 13-5-1 DefinitionsSection 13-5-2 Area To Be ServedSection 13-5-3 PlansSection 13-5-4 SpecificationsSection 13-5-5 Construction And In-Progress InspectionSection 13-5-6 Extension Rights Reserved; Costs Of ExtensionSection 13-5-7 Replacement Or RepairSection 13-5-8 Acceptance; Health Inspection; Ownership; Authorization To UseSection 13-5-9 Connections; Meters; Maintenance; ChargesSection 13-5-10 Connection RequiredSection 13-5-11 Prohibited ActsIn this article unless the context otherwise requires:
- “Water Main” means an arbitrary term for a pipe carrying water.
- “Developer” means any person engaged in the requesting and financing of water main extension beyond the present Town water mains. A developer may be either a subdivider or a legally constituted improvement district.
- “New Construction” shall mean a new building or development for which a building permit is issued after September 3, 2008. “New Construction” does NOT include new accessory buildings or alterations or modifications to an existing dwelling or building. (Ord. 1011/9-08)
- “Residence Services” shall mean any structure or premises used as a domicile, dwelling, or habitation including single family dwellings, duplexes, tri-plexes and four-plexes. (Ord. 1133/3-14, Ord. 1142/8-14)
- “Commercial Services” shall mean any person in charge of, owning, leasing, renting or occupying any business, industrial or commercial building other than a private residence, including, but not limited to a store, office, factory, hotel, tourist court, mobile home park, motel, motor court, motor hotel, trailer court, apartment complexes, condominiums, townhouses and similar configured housing complexes, apartment hotel or residential building ordinarily leased for a period of less than three months. (Ord. 1133/3-14, Ord. 1142/8-14)
- “Rates” shall be determined by staff or outside professional services using industry standard method and shall include but not limited to the full replacement cost of all assets, staffing needs, operational expenses and any other item to ensure a safe and reliable water utility. Rates shall be set by council resolution. (Ord. 1133/3-14)
(Ord. 1011/9-08) (Ord. 1133/3-14) (Ord. 1142/8-14)
HISTORY
Amended by Ord. 1011 on 8/4/2008
Amended by Ord. 1133 on 3/2/2014
Amended by Ord. 1142 on 8/18/2014
- The maximum area to be serviced by the proposed water main extension and its ultimate extensions shall be determined by the Town Engineer based on local topography. In the event the area to be serviced by the developer is less in size than the maximum area to be serviced by the proposed water main extension and its ultimate extensions, the water main extension shall be designed, Engineered and constructed to serve the maximum area described heretofore.
- Except as provided in subsection C of this section, no water service shall be provided outside the Town’s corporate limits.
- Water service may be provided outside the Town’s corporate limits when:
- Such water service was being provided on October 6, 1980; or
- Such water service is for the purpose of serving Town facilities; or
- The owner of property for which the water service is requested executes an agreement as follows:
- The developer shall agree to annex the property into the Town at such time as the Town determines it is lawful and feasible to do so.
- The property owner, his heirs, personal representatives, successors in interest and assigns shall agree to pay all costs for temporary connection, upon execution of the agreement, and to pay all actual costs, plus twenty percent administrative costs, of the construction of the property owner’s pro rata share of the costs of extending a permanent water main to the property, with said costs to be paid prior to commencement of actual construction but payable upon presentation by the Town of an estimate of the line extension costs related to the property owner’s pro rata share of same.
- The property owner agrees that the agreement assessing the cost of extending a water main to his property, executed pursuant to this subparagraph, shall not only be binding upon him but also on his heirs, personal representatives, successors in interest and assigns and shall constitute a covenant running with the land, extinguishable upon full compliance of this agreement. The property owner shall also agree that he, his heirs, successors in interest and assigns shall not oppose any improvement district formed in the future for the purpose of extending a permanent water line to serve the subject property.
- Upon approval by the Town Manager, and in accordance with Section 13-5-10, subsection B of this Code, an individual property owner may utilize a temporary connection to the water system to serve one single family dwelling unit in lieu of extending the system in accordance with Section 13-5-2 of this code. Prior to approval of such temporary connection, the property owner shall agree in writing to pay a pro-rata share of the cost of any future water main extensions which would serve the property in question.
A developer who wishes to extend water facilities must employ a Civil Engineer registered in Arizona to perform the field Engineering and to prepare detailed plans and specifications for such extension. This Engineer shall not be the Town Engineer nor any Engineer retained by or operating as an independent contractor on behalf of the Town. The final detailed plans and specifications for the water main extension must be approved by the Town Engineer as being within such specifications of the Town as are herein provided and as may be otherwise provided and as are in accordance with good Engineering practices before construction begins. The Town will charge to the developer a plan review fee as determined by Council resolution. All extensions of water mains shall have Council approval prior to the beginning of construction.
(Ord. 1133/3-14)
HISTORY
Amended by Ord. 1133 on 3/2/2014
- Any water main extension as contemplated herein shall be designed to provide a minimum of forty-five (45) pounds per square inch of water pressure and at a rate of flow to be determined by the Town Engineer at all points within the maximum area to be served by said extension and its ultimate extensions.
- No water main of diameter less than eight inches shall be installed, except that lines which interconnect (loop) two water mains may, at the discretion of the Town Engineer, be of a six-inch (6”) diameter. The Town reserves the right to increase the diameter of the main extension.
- All water mains shall be interconnected (looped) in a pattern approved by the Town Engineer as providing for maintenance of adequate pressure and as providing for future extension to the maximum area to be serviced.
- Water mains shall be installed only in dedicated streets or alleys or in dedicated rights of way along such streets or alleyways, and in easements for such purpose accepted by the Town.
- Fire Hydrants shall be installed along all water main extension as follows: (Ord. 1027/2-09)
- Fire hydrants shall be installed at a distance of not more than five hundred feet (500’) from an existing fire hydrant in residential areas unless otherwise authorized by a Fire Protection Plan approved by the Wickenburg Fire Chief or Public Works Director or his/her designee. Fire hydrants shall be connected by at least a six inch (6”) ductile iron pipe. (Ord. 1133/3-14)
- All Fire Hydrants shall be of the Mueller Super Centurion type or other equivalent as approved by the Public Works Director or his/her designee. (Ord. 1133/3-14)
- Each Fire Hydrant shall have three (3) outlets consisting of two: two and one-half inch hose nozzles and one: four and one half inch pumper nozzle with NST (National Standard Thread). (Ord. 1133/3-14)
- All Fire Hydrants shall be painted red.
- All water mains shall be as follows: 1) Six (6) to sixteen (16) inch diameter pipe shall be ductile iron, minimum 150 psi or as specified by the Town Engineer/Public Works Director or his/her designee. 2) Sixteen (16) inch diameter pipe or greater may be either ductile iron or concrete pressure pipe-steel cylinder type. (Ord. 803/6-96) (Ord. 1133/3-14)
- Water service lines connecting a water main to a customer’s meter shall be Type K Soft Copper, no less than one inch (1”) or as specified by the Town Engineer/Public Works Director or his/her designee. (Ord. 803/6-96) (Ord. 1133/3-14)
(Ord. 1027/2-09) (Ord. 1133/3-14)
HISTORY
Amended by Ord. 803 on 6/3/1996
Amended by Ord. 1027 on 2/2/2009
Amended by Ord. 1133 on 3/2/2014
- Prior to the start of construction, an offsite improvement permit shall be obtained from the Community Development/Neighborhood Services Department. No such permit shall be issued until plans for the extension have been approved pursuant to Section 13-3-6, Plan for Extension and the appropriate water development fee paid pursuant to Chapter 8, Article 8-4 of the Code. The cost of said permit shall be determined by Resolution of the Council. The estimated cost of inspections shall be collected prior to issuance of the permit. If the actual cost of inspections exceeds the estimate, the additional amount must be paid to the Town prior to final approval of the extension. If the actual cost of inspections is less than the estimated cost, the overcharge will be refunded. (Ord. 803/6-96) (Ord. 1133/3-14)
- The construction of water main extensions shall meet the specifications, requirements and approval of the Town, and such construction shall be subject to in-progress inspection by the Town Engineer and the Public Works Director or his/her designee. (Ord. 1133/3-14)
HISTORY
Amended by Ord. 803 on 6/3/1996
Amended by Ord. 1133 on 3/2/2014
- The Town reserves the right to install any water main extensions.
- Except as may be provided in subsection C of this section, the developer causing an extension of the water system shall pay in full for all rights-of-way, easements, Engineering, the construction and installation of all mains and other features necessary for the extension as determined by the Town Engineer. Upon final inspection and acceptance of the improvements by the Town, the developer shall relinquish all interest in the improvements, right-of-way and all claims for reimbursement by others except as provided in subsection C of this section.
- When a developer desires to construct a water line extension, and said extension includes the capacity to serve more properties than those being developed by the developer (excess capacity); and said excess capacity is to be provided in accordance with Section 13-5-2, subsection A of this code, the Town may enter into a utility line extension payback agreement to provide for the pro-rata reimbursement by those who subsequently derive benefit from said extension, to the developer who caused and paid for the installation of the extension under consideration. Such reimbursement shall be accomplished pursuant to a utility extension payback agreement in the form, and with the content, adopted by resolution of the council. The utility extension payback agreement may be tailored to suit the particular situation provided, however, that the following criteria and administrative procedures shall be complied with.
- Those who derive subsequent benefit shall be defined as developers or property owners who subdivide or develop land within the water system service area as determined pursuant to Section 13-5-2, subsection A of this code after an offsite improvement permit has been issued for the purposed extension. Excluded from this definition are existing developments which are served by existing water lines within the service area of the water line extension.
- Apportionment of the cost shall be based on the total area within the designated water service area as determined pursuant to Section 13-5-2, subsection A of this code, exclusive of dedicated rights-of-way or easements. The cost apportioned to a given parcel shall be the pro-rated share of the total cost of the project in the ratio of the area of the parcel to the service area of the proposed extension and its ultimate extensions; or as otherwise established by resolution of the council.
- Costs apportioned to lands under the provisions of this subsection shall be collected by the Town from each owner as a prior condition to the providing of water service to the property in question.
- Utility payback agreements shall remain in effect for a specified time period which in no case shall exceed ten years.
- The Town’s finance director shall establish and maintain an accounting procedure for the express purpose of administering and monitoring all such utility payback agreements.
All persons or other entities who create, cause to be built, or build any water main extensions as contemplated herein shall also pay for any and all such replacements including but not limited to those of street surfacing, curbs or sidewalks, as become necessary as a result of the creation, building or construction of such extensions.
When a water main extension is completed and approved by the Town Engineer, then the council shall, by resolution, accept, approve and authorize the use thereof, provided that there has been filed with the Town clerk suitable health certification for such extension by the Maricopa County health department, and provided further that the extension shall first have been conveyed to the Town free and clear of any and all encumbrances.
- The Town shall have exclusive control of connections to water main extensions. Meters of customers serviced by such water mains shall be located in dedicated streets or alleyways or in dedicated rights-of-way along such streets or alleyways or in dedicated easements for such purposes accepted by the Town.
The Town reserves the right and assumes full responsibility of costs for repair or maintenance of water mains and of lines connecting such mains to a customer’s meter, except as follows: In cases in which, prior to July 15,1974, customers’ meters have been placed in locations other than herein described, the Town reserves the right to maintain or repair water lines connecting water mains and such customers’ meters with the cost to the customer not to exceed such cost as would incur were the meter in the location herein described. - Building or house connection (water tap) charges and monthly water service charges within the developer’s area shall be made at the prevailing rates.
- Before any tap or connection is made, the applicant/developer shall pay to the Town the applicable water TAP fee per Council resolution. (Ord. 1133/3-14)
HISTORY
Amended by Ord. 1133 on 3/2/2014
- Connection Required. Except as provided in Paragraph B, all new construction on real property within the Town or annexed into the Town in the future shall connect to the Town’s water system. Where connection to the water system is required pursuant to this Section, such connection shall be completed within ninety (90) days of the date of written notice from the Town requiring connection. Such connection shall be in accordance with Town requirements and the cost of connection shall be borne by the owner of the new construction.
- Exceptions. Connection to the water system shall not be required for:
- An individual single family dwelling when it is determined by the Town Engineer and the Public Works Director or his/her designee that either (i) the dwelling was served potable water by a private well as of September 3, 2008, or (ii) the cost of the required extension exceeds the cost of an approved alternative water delivery system by four (4) times. (Ord. 1133/3-14)
- A development, other than an individual single-family dwelling, that is a single-family project, multifamily project or commercial or industrial building of less than 50,000 square feet, when it is determined by the Town Engineer and the Public Works Director or his/her designee that either (i) the project or building was served potable water by a private well as of September 3, 2008, or (ii) the cost of the required extension exceeds the cost of an approved alternative water delivery system by six (6) times. (Ord. 1133/3-14)
- A development that includes a commercial or industrial building of 50,000 square feet or greater, when it is determined by the Town Engineer and the Public Works Director or his/her designee that either (i) the building was served potable water by a private well as of September 3, 2008, or (ii) the cost of the required extension exceeds the cost of an approved alternative water delivery system by ten (10) times. (Ord. 1133/3-14)
- Properties where only irrigation water is used.
- Owner Election to Connect. Owners of real property that are exempt from the requirement to connect to the Town’s water system may elect to do so, in which event the cost of such connection shall be borne by the owner.
- Separation. In the event that any properties are serviced both by the Town and non-Town water supply systems, then no component part of one such system shall be closer than ten (10) feet from any component part of such other system.
(Ord. 1011/9-08 (New Section)) (Ord. 1133/3-14)
HISTORY
Amended by Ord. 1011 on 8/4/2008
Amended by Ord. 1133 on 3/2/2014
It is unlawful for any person to excavate or cause an excavation to be made for the purpose of laying water lines or pipes in the public streets, alleyways or in easements accepted by the Town for such water lines or upon the property of the Town without first complying with the provisions of this article.
Section 13-6-1 Utility Service DepartmentsSection 13-6-2 DefinitionsSection 13-6-3 AccountingSection 13-6-4 BondingSection 13-6-5 Transfers Of ServicesThere shall be established four utility service departments known as electrical utility service department, garbage and trash utility service department, sewer utility service department and water utility service department.
- “Electrical Utility Service Department” shall mean the purchase, production, distribution or sale of electric energy pursuant to article 13-1 of this chapter.
- “Garbage and Trash Utility Service Department” shall mean the collection and disposal of refuse for a monthly service fee pursuant to article 13-2 of this chapter.
- “Sewer Utility Service Department” shall mean the collection and treatment of sewage waste materials for a monthly service fee pursuant to article 13-3 of this chapter.
- “Water Utility Service Department” shall mean the purchase, production, distribution and sale of water pursuant to articles 13-4 and 13-5 of this chapter.
(Ord. 1133/3-14)
HISTORY
Amended by Ord. 1133 on 3/2/2014
- Each utility service department shall maintain an account separate from each other utility service department and separate from any other fund or account of the Town.
- All proceeds received from the sale of bonds and all fees, rents, tolls or other charges received by the Town from the operation of any utility service department shall be paid into a separate account, in the name of such utility service department.
- Funds on deposit for each utility service department shall be used to pay all bonds and interest thereon and to provide for all expenses of operation, maintenance, expansion and replacement of facilities for such utility service department or for another utility service department, for capital improvements of the Town or for rebate of the Town property tax.
- Costs of administration and other costs of the Town shall be paid from each utility service department account to the extent that such costs can be allocated to such utility service department and only to the extent of the proven need of such utility service department.
Nothing in this Chapter shall prohibit the utilization of the combined assets of all utility service departments as collateral for bonding or financing purposes for any utility service department.
Any utility service provided from any utility service department to any department of the Town shall be charged to the department receiving such service at the actual cost of the utility service department providing such service.
Section 13-7-1 Purpose Of ArticleSection 13-7-2 Policy Of ArticleSection 13-7-3 Application Of ArticleSection 13-7-4 DefinitionsSection 13-7-5 Where Backflow Prevention Is RequiredSection 13-7-6 Type Of Assembly RequiredSection 13-7-7 Backflow Prevention Assembly, Installation, Maintenance And RepairSection 13-7-8 PermitsSection 13-7-9 Inspections And Site SurveysSection 13-7-10 TestingSection 13-7-11 Notice Of Discontinuation Of ServiceSection 13-7-12 Termination Of Water ServiceSection 13-7-13 RecordsSection 13-7-14 Prohibited ActsSection 13-7-15 Limitation Of LiabilitySection 13-7-16 FeesSection 13-7-17 Availability Of StandardsThe purpose of this Article is as follows:
- To protect the public potable water supply system of the Town from contamination or pollution by isolating, within the customer’s water system, contaminants and pollutants which could backflow through the service connection into the public potable water supply system.
- To provide for an ongoing program of cross-connection control which will prevent the contamination or pollution of the public water supply system.
- To comply with the Arizona Department of Environmental Quality Backflow Prevention Regulations.
- Under this Article, the customer is responsible for protecting the public water supply system from contamination due to backflow or back-siphonage of contaminants or pollutants through the customer’s water service connection.
- In furtherance of this Policy:
- Section 13-7-5.C. requires a backflow prevention assembly to be installed, maintained and tested by the customer, at the customer’s expense, at each service connection to the premises whenever the structure connected to the public potable water supply was constructed after 1994, except as otherwise required by law.
- The Town is undertaking a site inspection program to assist in identifying locations where the Town or its authorized representative may deem installation, maintenance and testing of a backflow prevention assemblies or other backflow prevention methodology is appropriate for the safety of the public water supply system.
- Backflow prevention assemblies or devices required by this Article, including sections 13-7-5 and 13-7-6 of this Article shall be installed by the customer, at the customer’s expense within the time period specified in the written notice, unless otherwise provided in this Article or by law.
- Backflow prevention assemblies or devices required by this Article shall be maintained and tested by the customer, at the customer’s expense, to ensure operation thereof on a continuing basis.
- The customer, at the customer’s expense, shall retain records of installation, maintenance, testing and repair, as required in section 13-7-13.
- Failure or refusal on the part of the customer to install, maintain and test such backflow prevention assembly or device or to maintain records thereof as required by this Article shall constitute grounds for discontinuing water service to the premises until such assembly has been so installed, maintained and tested.
- This Article does not limit the Town’s right to disconnect water service, with or without notice as deemed appropriate by the Town, to protect the public’s health, safety or welfare.
This Article shall apply to all premises served by the public potable water supply system of the Town or to any other approved potable water supply of the Town, including any private, auxiliary or emergency source. The provisions of this Article shall not apply to single family residences constructed prior to 1995 unless a backflow, back-siphonage or cross-connection problem is identified at a particular residence by inspection or site survey or the residence is used to conduct a business enterprise or any hobby that utilizes water on site in such a way that it constitutes an actual or potential threat to the public water system.
As used in this Article:
- “Approved Backflow Prevention Assembly” means a backflow prevention assembly of the size and type approved by the Public Works Department as appropriate to protect the Town’s potable water supply from the decree of hazard presented by the customer’s water system, that has completely met the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California as are published from time to time and, where on a fire system, has Underwriters Laboratory and Factory Mutual approval or listing, or as otherwise described, limited or provided in this Article.
- "Auxiliary Water Supply” means any water supply on or available to the premises other than the Town’s approved water distribution system. These auxiliary waters may include “used water” or “industrial fluid.” Auxiliary water supplies not approved as a potable water supply by the Town are hereby declared to be dangerous to health pursuant to Section 13-7-6.
- “Backflow” means the reversal of the flow of water or mixture of water and other liquids, gases or other substances into any part of the Town’s water distribution system.
- “Backflow Prevention Assembly” or “Assembly” means a device or means designed to prevent backflow and includes:
- "Air-Gap." The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the vessel. An approved air-gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the overflow rim of the vessel and, in no case, less than one inch.
- "Reduced Pressure Principle Assembly." An assembly of two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, properly located test cocks for the testing of the check and relief valves, and tightly closing resilient seat shut off valves at both ends of the device. The entire assembly must have been manufactured in full compliance with ASSE Standard 1013 for reduced pressure principle assemblies. The assembly shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the Town’s water supply side of the assembly. To be approved, these assemblies must be readily accessible for in-line maintenance and testing, and be installed in a location where no part of the assembly will be submerged. The Public Works Department must approve an acceptable method of handling discharge water from the assembly.
- "Double Check Valve Assembly." An assembly of two independently operating approved check valves with tightly closing resilient seat shut-off valves on each end of the check valve. The entire assembly must have been manufactured in full compliance with ASSE Standard 1015 for double check valve assemblies. To be approved, these assemblies must be readily accessible for in-line maintenance and testing, and have properly located testcocks for the testing of the check valves. This assembly shall only be used to protect against a non-health hazard.
- "Double Check-Detector Check Valve Assembly." A specially designed assembly composed of a line-size approved double check valve assembly with a specific bypass 5/8” x 3/4” or 3/4" water meter and a 3/4" approved double check valve assembly. The meter shall register low rates of flow. This assembly shall only be used to protect against a non-health hazard. To be approved, these assemblies must be readily accessible for in-line maintenance and testing and have properly located test cocks for the testing of the check valves, plus a tightly closing resilient seat shutoff valve at each end of the double checks, and shall comply fully with ASSE Standard 1048.
- "Pressure Vacuum Breaker Assembly." An assembly containing an independently operating loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly shall be equipped with properly located test cocks and tightly closing resilient shut-off valves located at each end of the assembly, and shall comply with ASSE Standard 1020.
- "Atmospheric Vacuum Breaker."
- A non-testable device containing a float check, and an air inlet port. The flow of water into the body causes the float to close the air inlet port. When the flow of water stops, the float falls, which open the inlet, port to allow air to enter, thereby preventing back-siphonage. All such devices will comply with ASSE Standard 1001.
- A shut-off valve immediately upstream is allowed, but no valving of any kind downstream of the device is permitted. An atmospheric vacuum breaker is designed to protect against a health hazard under a back-siphonage condition only. This assembly is also known as the non-pressure-type vacuum breaker. The atmospheric vacuum breaker may not be utilized as sole, direct protection of a cross-connection that could otherwise pollute or contaminate the public water distribution system.
- “Certified General Tester,” means a person who holds a valid “General” tester certification issued by the California-Nevada American Water Works Association Section, the Arizona State Environmental Technical Training Center or other certifying authority approved by the Arizona Department of Environmental Quality.
- “Commercial or Industrial Water Customer” means any non-residential water customer. Examples of such customers would include, but are not limited to: business enterprises of all sorts, government owned or operated buildings or properties, apartment buildings, hospitals, and all irrigation sprinkler systems which have their own dedicated water service connection. Residential water users who conduct a business enterprise or any hobby at their home that utilizes water on site in such a way that it constitutes an actual or potential threat to the public water system are also defined as “commercial or industrial” water users.
- “Customer” means the owner, official custodian or person in control of any premises supplied water service by or in any manner connected to the Town’s public potable water system. The Town may deem any person or entity reflected in the Town’s records as the applicant for water service, the party responsible for paying the water bill or as the party paying the water bill as a customer for the purposes of this Article.
- “Cross-Connection” means a cross-connection as defined in Section 104-M of the Uniform Plumbing Code as amended and as adopted by the Town from time to time.
- “Industrial Fluids” means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutant or plumbing hazard if introduced into the Town’s water distribution system. This may include, but is not limited to: polluted or contaminated waters; all types of process waters and “used waters” originating from the Town’s water distribution system which may have deteriorated in sanitary quality; chemicals in fluid form, plating acids and alkalines, circulated cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters; oils; gases; glycerin; paraffin’s; caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for fire-fighting purposes.
- “Used Water,” means any water supplied by the Town to a customer’s water system after it has passed through the point of delivery and is no longer under the sanitary control of the Town.
- One or more approved backflow prevention assemblies or other backflow prevention methods approved by the Public Works Department as appropriate to prevent contamination or pollution from entering the Town’s public water supply system shall be installed, maintained and tested by the customer, at the customer’s expense, to ensure operation thereof on a continuing basis whenever the customer’s system or equipment contains water or other substances of known, unknown or questionable quality that may contaminate, pollute or otherwise deteriorate the quality of the Town’s public potable water.
- Approved backflow prevention assemblies shall also be installed by the customer, at the customer’s expense, at every service connection where the following conditions exist:
- An auxiliary water system exists, unless the Town has accepted such auxiliary water system as an additional potable water source and the source has received all necessary regulatory approvals for the use as a potable water supply by the Town.
- Internal cross connections exist that, in the judgment of the Public Works Department, are not correctable, or intricate plumbing arrangements which make it impractical to determine whether cross connection exists.
- Security requirements or other prohibitions or restrictions exist making it impractical to make a complete site survey.
- There is a repeated history of cross connections being established or reestablished.
- An approved backflow prevention assembly shall be installed by the customer, at the customer’s expense, at every service connection to the Town’s public potable water system and thereafter maintained and tested by the customer to ensure operation thereof on a continuing basis whenever the facility connected to the Town’s public potable water supply system was constructed after 1994.
- One or more approved backflow prevention assemblies or other backflow prevention methods shall be installed and thereafter maintained and tested by the customer, at the customer’s expense, to ensure operation thereof on a continuing basis whenever the Public Works Department or its authorized representative provides written notice to the customer that, based upon an inspection or site survey, the Public Works Department or its authorized representative has determined that the public potable water supply may be subject to contamination, pollution or other deterioration of quality by conditions or potential conditions within the customer’s water system.
- Fire sprinkler systems subject to the provisions of A.R.S. §41-2168 shall be protected by the procedures formulated by the Public Works Department for backflow prevention complying with A.R.S. §41-2168.
- Construction water meters shall be equipped with an approved air gap or a reduced pressure backflow prevention assembly, as determined by the Public Works Department. Such assemblies are subject to all provisions of this Article.
- Temporary meters, other than construction meters, shall be equipped with a reduced pressure backflow prevention assembly. Such assemblies are subject to all provisions of this Article.
- The Public Works Department shall determine the type of protection or assembly required dependent upon the degree of hazard the department determines exists, except that a double check valve assembly shall not be installed where the contamination hazard is dangerous to health. The Public Works Department may authorize the use of a double check valve assembly where the water or substance is not dangerous to health, but may create a nuisance, be aesthetically objectionable or could cause some damage to the distribution system or its appurtenances.
- Any property with more than one water service shall, at the discretion of the Public Works Department, have backflow protection on each service to the property.
- Wherever an uninterrupted water supply is required, multiple assemblies mounted for parallel flow shall be required.
- The customer shall install any backflow prevention assembly or device required by this Article as a condition to seeking connection or reconnection to the Town’s public potable water system. The Town may require the customer to provide evidence of the installation and operational status of any required backflow prevention assembly or device, including records of maintenance and testing, as a condition of making any connection or reconnection to the Town’s public potable water system.
- Where a service connection to the Town’s public potable water system already exists, the customer shall complete installation of an approved and operational backflow prevention assembly or device within the time specified in the notice of the requirement. Where the notice does not specify a time frame, installation shall be completed within thirty (30) days of the date of the notice.
- Backflow prevention assemblies and devices shall be protected from the elements. All assemblies and devices shall be installed at the customer’s expense and in accordance with the requirements of the Public Works Department and any other governmental entity having jurisdiction there over outside, above ground, and adjacent to the meter on the customer side of the meter, with the following exceptions:
- For residential services, a below grade double check assembly may be installed in a properly sized valve box, unless a double check valve assembly is otherwise prohibited by section 13-7-6: and
- For commercial services, the Public Works Department may allow testable internal protection measures at the actual cross-connection location(s).
- The back-flow prevention assembly shall be maintained by the customer to ensure proper operation on a continuing basis and sufficient to protect the public potable water supply against any potential hazard posed by the customer’s water system or equipment.
- Whenever backflow prevention assemblies required by this Article are found to be defective, they shall be repaired or replaced at the expense of the customer within a reasonable time not to exceed 10 days, unless, upon a showing of good cause, the Public Works Department determines a longer period is appropriate and does not constitute an unreasonable risk to the public potable water system.
- Installation Permits for the installation of all assemblies, devices or methods shall be obtained from the Public Works Department prior to installation. A separate permit shall be obtained for each assembly, device or method to be installed, including replacement.
- It shall be the duty of the person doing the work authorized by the permit to notify the Public Works Department in writing that said work is ready for inspection and testing. Such notification shall be given not less than twenty-four (24) hours before the work is to be inspected and tested and shall be given only if there is reason to believe that the work done will meet the current requirements of the Uniform Plumbing Code, this Code and the University of Southern California Standards, as referred to in the 9th Edition Manual of Cross-Connection Control, or such subsequent editions as approved by the Public Works Department.
- All approved backflow prevention assemblies and other assemblies which are required by applicable federal, state, local or other regulations to be tested or inspected annually shall be subject to an inspection with certification to be provided to the Town after each testing of the assembly. In instances where such assemblies, if not properly installed or maintained, could pose a serious hazard to the Town’s water distribution system, those assemblies shall be subject to more frequent testing and inspections. A Certified General Tester shall conduct the inspections and testing required by this section.
- The Town shall conduct periodic site surveys as determined appropriate by the Public Works Department to determine whether cross-connection or other sanitary hazards or violations of this Article, or other applicable regulations, exist. An employee or contractor of the Town who is a Certified General Tester shall perform such site surveys and shall have the right to enter any premises supplied with the Town’s water distribution system.
- When any inspection testing or site survey reveals that a backflow prevention assembly is in an unsatisfactory operating condition or otherwise in a non-permitted condition under this Article, it shall be repaired or replaced by the customer, at the customer’s expense. Any necessary repairs, including replacement or overhaul of the assembly, if necessary, shall be completed within a reasonable time not to exceed ten days.
- Each backflow prevention assembly shall be tested by the customer, at the customer’s expense, upon the occurrence of each of the following:
- Upon installation or replacement of the assembly; and
- Annually upon the anniversary date of the installation or replacement of the assembly; and
- Upon the repair, overhaul or relocation of any assembly.
- Such testing shall be accomplished by a Certified General Tester. Testing shall be in accordance with the procedures described in the 9th edition of the University of Southern California Manual of Cross-Connection Control, or such subsequent editions as approved by the Cross-Connection Control Program Manager.
- No backflow prevention assembly shall be placed in service unless it has been tested and is functioning as designed and in a satisfactory manner.
- Whenever notice is required to be given by this Article, the Town or its authorized representative shall give not less than ten (10) days written notice to the customer, except in case of emergency. Notice herein shall be deemed given when deposited in the United States mail at Wickenburg, Arizona, first class postage paid, and addressed to the water customer as such customer’s address appears on the record of customers maintained by the Town for water billing purposes. The Town may use any other means of notice, such as door hangers, certified mail, express delivery, as it deems reasonably calculated to provide notice to the customer. Any violation which involves an immediate danger of potentially allowing any substance into the Town’s water distribution system shall constitute an emergency, and the notice provided herein shall not be required prior to terminating water service.
- Initial notice of a backflow prevention assembly or device requirement shall include such information as the Public Works Department determines is appropriate under the circumstances and may include a description of:
- The nature of the problem sought to be addressed;
- The type or types of backflow prevention assembly or device that is being required:
- The proper place and manner of installation;
- The time by which installation must be completed;
- The testing and record keeping requirements;
- The consequences of failing to timely install, or test a required assembly or device or to maintain records thereof.
- Notice of a violation of this Article shall include such information as the Public Works Department deems appropriate under the circumstances and shall state the nature of the violation, the date on which water service to the promises will be terminated, and a telephone number or address where the customer may make inquiry regarding the notice and determine what corrective action is necessary to avoid termination of service.
- The Public Works Department may terminate water service to any premises connected to the Town’s public potable water distribution system after providing notice, upon its determination that the customer or occupants of the premises are violating any provision of this Article.
- The Public Works Department shall terminate water service to any premises connected to the Town’s public potable water distribution system if one or more of the following conditions exists:
- An unprotected cross-connection exists on the premises.
- An approved backflow prevention assembly has not been installed as required by this Article, is not working, has been altered, removed or bypassed or is found to otherwise require the disconnection of the premises from the Town’s water distribution system by the Public Works Department.
- A backflow, back-siphonage or cross-connection problem is identified at a single-family residence.
- A test record of a backflow prevention assembly, as required by this Article, has not been submitted to the Public Works Department.
- Water service terminated under this section shall not be resumed until the customer demonstrates to the satisfaction o the Public Works Department that the premises are in compliance with this Article.
- Each customer shall maintain records, on forms approved by the Public Works Department, of the results of all tests, services, repairs, overhauls or replacements of backflow assemblies and shall include:
- Date of each test.
- Name and approval number of person performing the inspection or test.
- Test results/inspection.
- Repairs or servicing required.
- Repairs and date completed.
- Services performed and date completed.
- Results of final test.
- The customer shall promptly deliver a copy of each such record to the Public Works Department after completion of the activity for which the record was made.
- Each assembly shall have a tag attached listing the manufacturer and serial number of the assembly.
- The Public Works Department shall retain those records for a period of at least three years.
No bypassing of required assemblies or methods of backflow prevention shall be allowed under any circumstances except for fire emergency.
This Article makes the customer responsible for protection of the public water supply system from contamination or pollution due to the backflow through the customer’s water service connection and shall not create any liability nor shall it impose any affirmative duty upon the Town, its officers or employees.
In order to defray the Town’s costs in establishing and administering the provisions of this Article, the council shall, by resolution, set the fees to be charged to each customer required to install a backflow prevention assembly or method and over what period of time such customer shall be allowed to make monthly installment payments therefore. The customer shall be entitled to up to two site surveys, inspections or combination thereof, as deemed appropriate by the Public Works Department, per assembly or method of backflow prevention per calendar year without any additional charge, provided if more than two site surveys, inspections or combination thereof, are required in any calendar year, an additional fee may be charged, in which event the council will set such an amount from time to time by resolution.
- Both the Public Works Department and the building department shall maintain and make available for review to those customers of the Town’s water distribution system, plumbing companies and general contractors, information regarding backflow and/or anti-siphon devices, materials, assembly and construction diagrams. Devices, assemblies and their installation, where required, shall be equal to or better than those available for review.
- The Public Works Department shall maintain a list of backflow prevention assemblies by type and manufacturer. The list, together with instructions for proper installation, shall be available to any customer required to install a backflow prevention assembly.
- The Public Works Department shall maintain a current list of Certified General Testers, which shall be available to any customer required to maintain a backflow prevention assembly.
- Information maintained and available for review in these departments is subject to supplementation and modification from time to time without the necessity to amend this Article and without the necessity of public hearings or comments.
Section 13-8-1 Electrical Extension PolicySection 13-8-2 Duty To Prevent Landscape Interference With Power Lines- Developers, non-owner builders and builders of homes or commercial buildings shall extend electrical service, at its or their sole expense, to accommodate structures constructed by it or them, as well as they shall rebuild, at its or their sole expense, existing service lines and facilities necessary to furnish adequate electrical power capacity, voltage and amperage to accommodate the customers to be served by the electrical extension so as to adequately accommodate the customers to be served by the electrical extension. (Ord. 816/4-97)
- Developers, non-owner builders and builders of homes or commercial buildings may be eligible for a partial refund of the costs for such extension of electrical service, as set forth above, if an economic study performed to Town criteria and examining all factors determined relevant by the Town, such as revenue, operating expenses, permanent connected improvements (a customer with both a meter set and the premise occupied), demonstrates a partial refund, not exceeding 70% of the cost of construction, provided by periodic payments over not less than a five (5) year period will provide the cost of service and an acceptable rate of return. A development shall not be eligible for a refund unless the Town and the developer/builder have entered into a development agreement setting forth the conditions, schedule and factors for the refund, prior to final plating or if no plat is required, issuance of a construction permit relating to the project.
HISTORY
Amended by Ord. 816 on 4/21/1997
- Property owners or persons controlling property within the Town of Wickenburg shall prevent all trees, landscaping, and improvements on their property from obstructing, encroaching upon or otherwise interfering with power lines, which may or may not be located on the property. Failure to prevent such interference with power lines is hereby declared to be a nuisance.
- Failure to prevent said interference may result in Town action, including the trimming and/or removal of the offending landscaping, at the Town’s discretion. The property owner or person controlling the property shall pay all expenses incurred by the Town for trimming and/or removing the obstructions.
- The Town may remove such obstructions and charge the cost of such removal, in addition to any other penalty allowed under this Code, to the property owner or person controlling the property. Upon completion of the work, the Town Manager or other authorized Town Official shall prepare a verified statement of account of the actual cost of such removal, the date the work was completed, a description of the work done, and any other incidental costs incurred in connection with the removal.
- The person or entity upon whom such costs are assessed may appeal from the amount of the assessment as contained in the verified statement in writing to the Town Council within thirty (30) days of receipt of the verified assessment. If an appeal is not filed with the Town Clerk within thirty (30) days, the amount of the assessment, as determined by the Town Manager or other authorized Town Official, shall become final and binding. If an appeal is taken, the Common Council shall, at its next regular meeting, hear and determine the appeal. The Common Council may affirm the amount of the assessment, modify the amount thereof, or determine that no assessment shall be made. The decision of the Common Council shall be final and binding on all persons.
Section 13-9-1 DefinitionsSection 13-9-2 License Or Franchise RequiredSection 13-9-3 License ApplicationSection 13-9-4 Conditions Of License Or FranchiseSection 13-9-5 CompensationIn this chapter, unless the context otherwise requires:
- “Cable Services” and “Cable System” shall have the same meaning as defined in Cable Communications Policy Act of 1984.
- “Commercial Mobile Radio Service” means two-way voice commercial mobile radio service as defined by the Federal Communications Commission in 47 United States Code Section 157.
- “Facilities” means the plant, equipment, and property used in the provision of telecommunications services and not owned by the town, including but not limited to poles, wires, pipe, conduits, pedestals, antenna, and other appurtenances placed in, on, or under highways and not owned by the town and used in the provision of telecommunication services.
- “Public Highway” or “Highway” means all roads, streets and alleys and the other dedicated public rights-of-way and public utility easements of the town.
- “Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received. The term does not include commercial mobile radio services, pay phone services, interstate services or cable services provided by a cable system.
- “Telecommunications Corporation” means any public service corporation to the extent that it provides telecommunications services in this State.
- License Required. No telecommunications corporation shall install, maintain, construct or operate telecommunications facilities in any public highway in the town unless a license to use the highways to provide telecommunications services has first been granted by the council under this chapter or a franchise awarded by the electorate under Article XIII of the Arizona Constitution and this chapter to such telecommunications corporation.
- Exception. Notwithstanding Subsection A, any telecommunications corporation that was providing telecommunications service within the State of Arizona as of October 31, 1997, pursuant to a grant made to it or its lawful predecessors prior to the effective date of the Arizona constitution, may continue to provide telecommunications services pursuant to that state grant, until and unless the state grant is lawfully repealed, revoked, or amended, and need not be obtain any further grant from the town to provide telecommunications services; provided, however that such entity must in all other respects comply with the requirements applicable to the telecommunications corporations as provided in Title 9, Chapter 5, Article 7 of the Arizona Revised Statutes.
- Existing Franchises and Licenses. Nothing in this ordinance shall be deemed to affect the terms or conditions of any franchise, license, or permit issued by the town prior to the effective date of the amendments of this ordinance or to release any party from its obligations thereunder. Those franchises, licenses or permits shall remain fully enforceable in accordance with their terms. The town manager, with the consent of the council, may enter into agreements with franchise holders, licensees or permittees to modify or terminate an existing franchise, license or agreement.
- Limitations. A franchise or license to any telecommunications corporation to use the highways to install, maintain, construct or operate telecommunications facilities shall not authorize the use of the highways to provide any other service; nor shall the issuance of the same invalidate any franchise, license or permit that authorizes the use of the highways for such other services; nor shall the fact that a telecommunications corporation holds a franchise, license or permit to make any other use of the highway or to provide any other service, authorize installation, maintenance, construction or operation of telecommunications facilities in any highway in the town without obtaining a license or franchise hereunder.
- Use of Licensee Facilities. A telecommunications licensee may enter into contract for use of its facilities within the public highways to provide telecommunication services. Persons using such licensee’s facilities must themselves obtain a telecommunication license if such person constructs, installs, operates or maintains telecommunication facilities within the public highway of the town. If the persons using such licensee’s facilities do not construct, install, operate or maintain telecommunication facilities within the public highway of the town, such persons need not obtain a separate license, but the telecommunications licensee must disclose the identity of such persons to the town.
- License or Franchise Not Exclusive. Any license or franchise granted shall not be exclusive.
- Any telecommunications corporation desiring a license or franchise under this chapter to construct, install, operate and maintain telecommunication facilities in streets and other highways of the town shall file an application with the town clerk requesting at the applicant’s election either a franchise or license in the form prescribed by the town, and shall pay a fee in an amount established by council resolution and payable in cash, certified or cashier’s check, wire transfer, or in any other manner acceptable to the manager, made payable to the town. No application shall be considered without receipt of said fee. The applicant shall be responsible for reimbursing the town’s full reasonable costs in excess of the application fee in processing the application, including, in the case of an application for a franchise, costs of an election. The filing fee is in addition to any permit fees established for persons doing work or locating facilities in streets and other highways of the town. (Ord. 1140/6-14)
- Each application shall, at a minimum, (1) show where the facilities the applicant will use will be located, or contain such other information as the town may deem necessary in order to ensure that the applicant will comply with requirements for use of the highways; (2) identify the applicant, its name, address and telephone number; (3) contain a description of the services to be provided; and (4) set out a description of any agreement with any other entity that would permit such entity to use the facilities.
- Upon receiving an application for a license or franchise that satisfies the conditions of subsection (B), the town shall promptly proffer a telecommunications license or franchise to the applicant for its review, and may inquire into matters relevant to the issuance of the license or franchise. If the applicant agrees to the terms and conditions of the license or franchise, the request shall be submitted to the council with a recommendation for approval (in the case of a license) or a franchise election (in the case of an application for a franchise). Notwithstanding the foregoing, the town need not issue or renew a license or franchise, or schedule a franchise election, if the applicant has previously had a license or franchise revoked, or for any other reason permitted under Arizona law.
HISTORY
Amended by Ord. 1140 on 6/19/2014
- General Conditions. As a condition of issuing or renewing a license or franchise to use the public highways to construct, install, operate and maintain telecommunications facilities the town may require:
- Proof that the applicant has received a certificate of public convenience and necessity from the Arizona Corporation Commission;
- The applicant to agree to comply with highway use requirements that the town may establish from time to time;
- The applicant to agree to provide and maintain accurate maps showing the location of all its facilities and the facilities it will use in the highways within the town, and to comply with such other mapping requirements as the town may establish from time to time;
- The applicant to obtain the insurance, and provide proof of insurance as required by the town; to post the performance bonds and security fund required by the town; and to agree to fully indemnify the town, its officers. agents, boards and commissions, in a form satisfactory to the town; and agree that it shall have no recourse whatsoever against the town or its officials, boards, commissions, agents or employees for any loss, costs, expense or damages arising out of any provision or requirement of the town because of the enforcement of the license or franchise or because of defects in this chapter or the license or franchise issued;
- The applicant to agree to comply with and be bound by the administrative and enforcement provisions as may be prescribed from time to time by the town.
- Administration and Enforcement. Every franchise or license shall be subject to the following administrative and enforcement provisions:
- Franchises and licenses shall be personal to the franchisee or licensee. Except as provided in the license or franchise, no transfer of a franchise, franchisee, license or licensee, or change of control over the same (including, but not limited to, transfer by forced or voluntary sale, merger, consolidation, receivership, or any other means) shall occur unless prior application is made to the town and the town’s prior written consent is obtained, which consent will not be unreasonably withheld or delayed. In making a determination as to whether to approve a transfer, the town may consider the same information and qualifications required of an original application for a license or franchise; whether the licensee or franchisee is in compliance with its license or franchise and this chapter and, if not, the proposed transferee’s commitment to cure such non-compliance; whether the transfer would result in an evasion of other applicable provisions of law, or impair lawful contracts; and the effect of the transfer on the town’s interest. No application for a transfer of a license or franchise shall be granted unless the proposed transferee agrees in writing that it will abide by and accept all terms of the chapter and the license or franchise, and that it will assume all obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous licensee or franchisee under this chapter and the license or franchise for all purposes, including renewal. Approval by the town of a transfer of a license or franchise does not constitute a waiver or release of any of the rights of the town under this chapter or the franchise or license, whether arising before or after the date of the transfer.
- Every franchisee or licensee shall be subject to the town’s exercise of such police, regulatory and other powers as it now has or may later obtain, and a franchise or license may not waive the application of the same.
- Every franchise or license shall be subject to revocation if the franchisee or licensee fails to comply with the material terms and conditions of the license or franchise, or applicable law. Provided, however, that a franchise or license shall not be revoked unless the franchisee or licensee is given written notice of the defect in performance, and fails to cure the performance within sixty (60) days of the notice, except where the town finds that the defect in performance is due to intentional misconduct, is a violation of criminal law, or is part of a pattern of violations where the franchisee or licensee has already had notice and opportunity to cure. A hearing shall be held before a license is revoked if the licensee requests a hearing.
- Penalties for violation of franchise or license.
- Damages for violation of the franchise or license terms. Any remedies available to the town are cumulative, and are not limited by the recovery of any amounts pursuant to the insurance provisions of the license or franchise, or pursuant to any indemnity clause.
- A requirement that if the franchisee or licensee fails to pay amounts owed to the town by the time prescribed for payment, the franchisee or licensee shall pay interest on the amounts owed, at the rate of one percent (1%) per month.
- A requirement that franchisee or licensee shall produce books and records for the town’s inspection and copying, prepare reports, respond to questions and permit the town to have access to its facilities as the town may request in order to determine whether licensee or franchisee has complied with its obligations under the franchise or license, or other applicable law.
- Renewal. A licensee that receives a telecommunications service license pursuant to this chapter may apply for a renewal of its license, which renewal shall be reviewed in accordance with the requirements of state law.
- No Warranty. The issuance of a license, permit or other authorization by the town is not a representation or warranty that such license, permit, or authorization is a legally sufficient substitute for a franchise, and it not a representation or warranty that a franchise is not required.
- Term. Any license granted by the town pursuant to this chapter shall commence upon adoption of the license and acceptance of the license by the provider within thirty (30) days of the grant. The license shall be effective for a period of five (5) years, and subject to the conditions and restrictions provided in the instrument and this chapter.
- The town shall not levy a tax, rent, fee or charge to a telecommunications corporation for the use of a public highway to provide telecommunications services, or levy a tax, fee or charge upon the privilege of engaging in the business of providing telecommunications services, except that, in connection with its provisions of telecommunications services and its use of the highways to provide the same, each telecommunications corporation shall:
- Pay a transaction privilege tax on the business of providing telecommunications services or applicable use tax, as may be specified from time to time in Chapter 9-A of the Wickenburg Town Code.
- Pay public highway construction permit fees and utility poles and wires construction permit fees established from time to time by the town.
- Pay all reasonable costs associated with the construction, maintenance and operation of its facilities in the public highways used to provide telecommunications services, including reasonable costs associated with damage caused to the public highways.
- Nothing in this section is intended to limit the obligation of any person to pay amounts owed under any franchise of license. Provided that, for franchises or licenses issued after the effective date of this ordinance, payments required under such franchise or license for the provision of telecommunications services shall comply with the provisions of A.R.S. Section 9-581.
The Zoning Code of the Town of Wickenburg is currently being revised. Here is a link to the current Zoning Code.
ARTICLE 15-1 IN GENERAL
(Effective July 7, 2014)
HISTORY
Amended by Ord. 1139 on 7/7/2014
Section 15-1-1 Statutory AuthorizationSection 15-1-2 Adoption Of Flood Insurance Maps And Study For Property Located In The Town Of Wickenburg In Maricopa CountySection 15-1-3 Adoption Of Floodplain Regulations For Property Located In The Town Of Wickenburg In Maricopa CountySection 15-1-4 Adoption Of Flood Insurance Maps And Study For Property Located In The Town Of Wickenburg In Yavapai CountySection 15-1-5 Adoption Of Floodplain Regulations For Property Located In Wickenburg In Yavapai CountySection 15-1-6 Designation Of Floodplain ManagementIn A.R.S. § 48-3610, the Arizona State Legislature enabled the Town to adopt regulations in conformance with A.R.S. § 48-3603 designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Town Council of the Town of Wickenburg, Arizona, does ordain as follows:
Those public records entitled “Flood Insurance Study (FIS) for Maricopa County, Arizona and Incorporated Areas” and “Flood Insurance Rate Maps (FIRMS) for Maricopa County, Arizona and Incorporated Areas” dated October 16, 2013, and all subsequent amendments and/or revisions, three copies of which shall be kept on file in the office of the Town Clerk, are hereby adopted by reference as the basis for establishing the Special Flood Hazard Areas for Floodplain Management of the Town of Wickenburg in Maricopa County. The Special Flood Hazards Areas documented in the Flood Insurance Study and Flood Insurance Rate Maps are the minimum area of applicability of the Floodplain Management regulations and may be supplemented by studies for other areas as allowed in the regulations.
That public record designated as the “Floodplain Regulations for Maricopa County, June 25, 2014,” and all subsequent amendments and/or revisions, three copies of which shall be kept on file in the office of the Town Clerk, is hereby adopted as the legal basis for implementing floodplain management in this community for property located in the Town of Wickenburg and in Maricopa County.
Those public records entitled “Flood Insurance Study (FIS) for Yavapai County, Arizona and Incorporated Areas” and “Flood Insurance Rate Maps (FIRMS) for Yavapai County, Arizona and Incorporated Areas,” dated September 3, 2010 and all subsequent amendments and/or revisions, three copies of which shall be kept on file in the office of the Town Clerk, area hereby adopted by reference as the basis for establishing the special flood hazard areas for floodplain management in the Town of Wickenburg in Yavapai County. The special flood hazard areas documented in the Flood Insurance Study and Flood Insurance Rate Maps are the minimum area of applicability of the Floodplain Management Regulations and may be supplemented by studies for other areas as allowed in the regulations.
That public record designated as the Yavapai County Flood Control District “Flood Damage Prevention Ordinance” dated November 1, 2010, and all subsequent amendments and/or revisions, three copies of which shall be kept on file in the office of the Town Clerk, is hereby adopted as the legal basis for implementing floodplain management in this community for property located in Wickenburg and in Yavapai County.
The Town of Wickenburg delegates the responsibility of Floodplain Management for property located in the Town of Wickenburg and in Maricopa County to the Flood Control District of Maricopa County and for property located in the Town of Wickenburg and in Yavapai County to the Yavapai County Flood Control District as provided for in A.R.S. § 48-3610. The Community Development and Neighborhood Services Director is designated as the National Flood Insurance Program Floodplain Administrator for the Town and is responsible for coordinating with the Flood Control District of Maricopa County and the Yavapai County Flood Control District and will serve as the community point of contact on National Flood Insurance Program issues for County, State and Federal Officials.
ARTICLE 16-1 IN GENERALARTICLE 16-2 AIRCRAFTARTICLE 16-3 MOTOR VEHICLESARTICLE 16-4 OFFENSESARTICLE 16-5 COMMERCIAL PHOTOGRAPHYARTICLE 16-6 USE OF ROADS AND WALKSARTICLE 16-7 USE OF GATE POSITIONSARTICLE 16-8 FIRE HAZARDS AND FUELING OPERATIONSARTICLE 16-9 OBLIGATION OF TENANTSARTICLE 16-10 COMMERCIAL OPERATIONSARTICLE 16-11 SPECIAL PROVISIONS PERTAINING TO HELICOPTERSARTICLE 16-12 SPECIAL PROVISIONS PERTAINING TO ULTRALIGHT VEHICLESARTICLE 16-13 RATES AND CHARGES
New Chapter 1/84
HISTORY
Adopted by Ord. 595 on 1/3/1984
Section 16-1-1 DefinitionsSection 16-1-2 General Rules And RegulationsAll words and phrases used in this chapter shall have the following meaning, unless its context requires otherwise. All definitions contained within the Federal Aviation Act of 1958 and all amendments thereto are incorporated herein. All definitions shall be interpreted consistently with the Federal Aviation Act and amendments thereto.
- “Aircraft” means a device that is used or intended to be used for flight in the air, including helicopters and ultralight vehicles.
- “Airport” means all of the area comprising the Wickenburg Municipal Airport, as now existing or as the same may hereafter be expanded and developed and shall include all of its facilities. “Airport” shall include all airports owned or operated by the town.
- “Council” means the town council of the Town of Wickenburg, Arizona.
- “Director” means the town manager or that individual appointed as director by the town manager, ratified by the town council. The director shall have responsibility for superfixing the operation of the airport.
- “Field Area” means that area used for aircraft taxiing, run up, take off, landing, tiedowns, loading, and unloading of passengers and baggage. Field area shall include all areas used by vehicles or pedestrians to gain access to any of the above, and shall include all additional areas designated by the director as a field area.
- “Town” means the Town of Wickenburg, Arizona.
- “Public Area” means all other airport areas not field areas, except those areas designated by a tenant or the director as non-public areas. The director shall have the power to overrule a tenant’s designation of an area as a non-public area and may designate said area to be public.
- “Ultralight Vehicle” means an aircraft that is used for manned operation in the air by a single occupant for recreational or sport purposes only, which does not have any U.S. or foreign airworthiness certificate; if unpowered, the aircraft weighs less than 155 pounds; if powered, the aircraft weighs less than 254 pounds empty, has a fuel capacity not exceeding five U.S. gallons, is not capable of more than fifty-five knots calibrated airspeed at full power in level flight, and has power-off stall speed which does not exceed twenty-four knots calibrated airspeed.
- The director may promulgate such rules, regulations, orders and instructions as are necessary in the administration of this chapter. He may post signs at the airport which state or apply such rules, regulations, orders or instructions. Each person on the airport shall comply with all rules, regulations and signs posted by the director pursuant to this chapter. Each member of the staff of the director, as a representative of the director, is empowered to require compliance with the provisions of this chapter and all rules and regulations issued by the director.
- The airport shall be conducted as a public air facility for the promotion and accommodation of civil aviation and associated activities.
- The airport shall be open for public use at such hours and subject to such restrictions as may be determined by the director.
- The privilege of using an airport and its facilities shall be conditioned on the assumption of the user thereof of full responsibility and risk for such use, and the user therefore releases and agrees to hold the town and its officers and employees harmless, and to indemnify them from any liability or loss resulting from such use. The owners and operators of all aircraft based at the airport shall comply with all applicable provisions of Title 28, Chapter 12, Arizona Revised Statutes. The Town reserves the right to deny use of the airport to any person who is judged by the director to be endangering the public’s safety, health and welfare. Persons regularly operating aircraft at the airport, including ultralights vehicles, shall carry and maintain in effect, liability insurance in an amount to be set by the airport director and shall not be less than $1,000,000.00 combined single limit for bodily injury and property damage. For purposes of this section, “regularly operating aircraft at the airport” shall mean a permanently based aircraft which is either hangared or has a monthly tie-down space permit agreement at the airport.
- Except in case of emergency and except for special provisions pertaining to helicopters in Article 16-11 of this chapter, no person shall land any aircraft within the corporate limits of the town except upon a regularly established airport field at the airport.
Section 16-2-1 Aircraft OperationsSection 16-2-2 Aircraft Accident Procedures- No person shall conduct any aircraft operation to, on, from or over the airport except in conformity with all Federal Aviation Administration regulations, the applicable provisions of Arizona Revised Statutes, Title 28, Chapter 12, this chapter, and rules and regulations promulgated by the director.
- No person shall operate any aircraft unless he holds a valid, current student pilot, private pilot or commercial pilot certificate or license with ratings appropriate to the type of aircraft operated and conditions under which they are operating. Reciprocal certificates issued by foreign governments are acceptable if the authorization contained in the certificates are comparable to the domestic certificates mentioned and are so accepted by the Federal Aviation Administration. If no pilot certificate or license is required by the Federal Aviation Administration in order to operate an aircraft, such as an ultralight vehicle, the aircraft pilot shall be the holder of a certificate or license appropriate to some type of aircraft for which a pilot’s certificate or license is required, in order that the safety of others using the airport may be assured.
- No person shall take off or land an aircraft on the airport except on a hard surface area, unless otherwise authorized by the director.
- All aircraft traffic shall conform to the established traffic pattern as approved by the director and posted at the airport. Based helicopter operators will submit traffic patterns to the director for approval.
- No persons shall park an aircraft on any runway or taxiway at the airport.
- No person shall park or store an aircraft at the airport except in areas designated by the director.
- Preventative maintenance work, as defined in Title 14, Part 43, Appendix A(c), Code of Federal Regulations, may be performed at the airport tiedown areas by the owner or operator of the aircraft. Aircraft owners who possess current mechanic ratings such as A&P and A&I may do additional work in the tiedown areas subject to the approval of the director. All other aircraft maintenance, rebuilding, and alterations shall be performed only in areas designated by the director.
- No person shall conduct experimental flight or ground demonstrations on the airport without prior permission of the director and Federal Aviation Administration approval.
- No person shall take any aircraft from the landing area or hangars or operate such aircraft while under the influence of intoxicating liquor or a dangerous drug.
- No person shall board or disembark from any aircraft on a runway or in the take-off or landing area except in an emergency or with prior approval of the director.
- Persons parking transient aircraft on terminal transient areas shall register their aircraft with the director or his representative as soon as possible after landing at the airport.
- All owners and operators who desire to base their aircraft at the airport shall register their aircraft with the director or his representative prior to beginning operations. Any change in ownership of the aircraft shall be reported immediately.
- No person shall leave an aircraft unattended unless it is properly tied down or placed in a hangar.
- No engine in an aircraft shall be started or run without a competent person at the engine controls, and unless blocks have been placed in front of the wheels or the aircraft has adequate parking brakes. No aircraft engine shall be operated in such manner as to endanger life or property.
- No aircraft shall be operated in, or taxied into or out of, a hangar.
- If the director believes the conditions at the airport, or any portion thereof, are unfavorable for aircraft operations, he may close the airport, or such portions thereof, using applicable Federal Aviation Administration procedures, as appropriate.
- No aircraft capable of movement on the ground shall be operated on the airport unless it is equipped with wheels and wheel brakes, except with the permission of the director.
- No aircraft shall be permitted to remain on any part of the landing or take-off areas for the purpose of repairs.
- All aircraft shall be taxied at slow and reasonable speeds and shall not be taxied onto a runway without first stopping and waiting for any approaching aircraft preparing to land.
- No person shall, without the owner’s permission, interfere or tamper with an aircraft parked or stored at the airport.
- No person shall move an aircraft on the airport in a negligent or reckless manner.
- No person shall start or taxi any aircraft on the airport in a place where the air or exhaust blast is likely to cause injuries to persons or property. If the aircraft cannot be taxied without violating this paragraph, the operator must have it towed to the desirable destination.
- No person in any aircraft shall cause or permit to be thrown out, discharged from or dropped within the town limits, any dust, spray, object or thing except loose water or loose sand ballast when absolutely essential to the safety of the occupants of the aircraft and except as herein provided; except that aircraft used for dusting or spraying on agricultural lands for agricultural purposes may dust or spray agricultural crops.
- Persons involved in aircraft accidents occurring at the airport shall make a full report thereof to the director or his representative within twenty-four hours after such accident. The report must include the name and address of the persons involved. For purposes of this section, an aircraft accident shall include any event involving an aircraft and a motor vehicle, person or stationary object which results in property damage, personal injury or death.
- Any person damaging property on the airport by means of contact with aircraft shall report such damages to the airport office immediately and shall be fully responsible to the town for costs of repairs.
- Every pilot and aircraft owner shall be responsible for the prompt removal of his disabled aircraft or parts thereof, as directed by the director or his representative, subject to accident investigation requirements.
Section 16-3-1 General RegulationsSection 16-3-2 Parking- No motor vehicle shall be operated on the airport if it is so constructed, equipped or loaded as to endanger persons or property.
- Each operator of a motor vehicle involved in an accident between that vehicle and an aircraft, or in any other motor vehicle accident on the airport that results in personal injury or in a total property damage of more than fifty dollars shall make a full report thereof to the director or his representative as soon as possible after the accident. The report must include the name and address of the person reporting.
- No person shall operate any motor vehicle on the airport in violation of this chapter, or rules and regulations promulgated and posted by the director or the laws of the State of Arizona.
- No person shall operate a motor vehicle on the airport in a negligent or reckless manner, or in excess of posted speed limits.
- No person shall operate any motor vehicle on the airport while under the influence of intoxicating liquor, or any narcotic or habit-forming drug.
- No motor vehicle shall be permitted on taxiways, runways or operational areas except authorized maintenance or service vehicles, without prior permission of the director or his representative.
- All motor vehicles shall be operated only in those areas of the airport as may be authorized from time to time by the director and then under the rules and regulations established therefor.
- Operators of motor vehicles on the field area shall yield the right-of-way to taxiing aircraft.
- All motor vehicles on the field area shall pass to the rear of aircraft whose engines are running.
- When backing gasoline tenders, the driver shall remain in the vehicle and shall not stand on the running board or fender. Gasoline tenders shall at no time be so positioned as to prevent their rapid removal.
- Except as authorized by the director, no person shall clean or make any repairs to motor vehicles anywhere on the airport other than designated shop areas, except those minor repairs necessary to remove such motor vehicle to a proper location.
- No person shall park or stand a motor vehicle on the airport except in an area specifically designated therefor.
- No person shall park a motor vehicle in any posted area on the airport for a period longer than that prescribed in the town.
- No person shall park a vehicle in a restricted or reserved area on the airport unless he displays, in the manner prescribed by the director, a parking permit issued by the director for that area.
- No person shall double-park a motor vehicle on any road on the airport.
- No person shall abandon a motor vehicle on the airport.
- No person shall park or stand a motor vehicle at any place on the airport in violation of any sign posted by the director.
- No person shall park or stand a motor vehicle within fifteen feet of a fire hydrant on the airport, or park in such a manner as to block any fire gate or entrance, road or taxiway.
- No person shall park a motor vehicle in any marked space in such manner as to occupy more than one space.
- No person shall park a motor vehicle in individual storage hangars, aircraft shelters or tiedown spaces unless permitted by the owner or lessee of said structure or space.
- No person shall move, interfere, or tamper with any motor vehicle, or take or use any motor vehicle part, instrument or tool thereof, without the permission of the owner or satisfactory evidence of the right to do so duly presented to the director or his representative.
- The director, or his agent, may remove, at the owner’s expense, any motor vehicle which is parked on the airport in violation of this chapter. The vehicle shall be subject to a lien for the cost of removal.
Section 16-4-1 Nuisances, Littering, Vandalism ProhibitedSection 16-4-2 BicyclesSection 16-4-3 Horseback RidingSection 16-4-4 HuntingSection 16-4-5 Solicitation And AdvertisingSection 16-4-6 AnimalsSection 16-4-7 LoiteringSection 16-4-8 Entrance Into Restricted AreasSection 16-4-9 Alcoholic Beverages- It shall be unlawful to commit any act or to omit to act in such a way as to create a nuisance on the airport.
- It shall be unlawful for any person to dispose of garbage, papers, refuse or other such material on the airport except in receptacles provided for that purpose.
- It shall be unlawful for any person to destroy, injure, deface, or disturb any building, sign equipment, marker or other surface, tree, flower, lawn or other public property on the airport.
- It shall be unlawful for any person to use a restroom other than in a clean and sanitary manner.
- It shall be unlawful for any person to alter, make additions to, or erect any building or sign or make any excavations on the airport without the permission of the director, subject to lease provisions.
- It shall be unlawful for any person to willfully abandon any personal property on the airport. A person has abandoned personal property when it remains unattended and without written permission of the director for a period of thirty days or more.
It shall be unlawful to operate a bicycle at the airport except in those areas as may be authorized from time to time by the director and then under rules and regulations established therefor.
It shall be unlawful for any person to ride horseback on the airport without permission of the director.
No person shall hunt, pursue, trap, catch, injure or kill any bird or animal on the airport without authorization of the director.
- It shall be unlawful for any person to solicit fares, alms or funds for any purpose on the airport without permission of the director.
- It shall be unlawful for any person to post, distribute or display signs, advertisements, circulars or other printed or written manner in a public area of the airport except in locations designated by the director.
It shall be unlawful for any person to enter the airport with a dog or other domestic animal unless that animal is kept restrained by a leash or is confined so as to be completely under control.
It shall be unlawful for any person to loiter or remain on any part of the airport more than the time reasonably necessary to complete airport related business.
It shall be unlawful for any unauthorized person to enter any restricted area posted as being closed to the public.
It shall be unlawful for any person to drink alcoholic beverages in the terminal building lobby.
Section 16-5-1 Unauthorized Commercial Photography ProhibitedSection 16-5-2 Authorization By DirectorIt shall be unlawful for any person to take a still, motion or sound picture on the airport for commercial purposed without the permission of the director and as authorized in Section 16-5-2 herein.
The director may allow any of the following to take pictures on the airport for commercial purposes:
- Professional photographers and motion picture cameramen photographing events on the airport as representatives of news concerns or bona fide news publications.
- Professional photographers and motion picture cameramen photographing events at the airport, for non-profit exhibit, to stimulate interest in air commerce or travel or for non-profit educational purposes.
- Professional photographers photographing scenes on the airport for general artistic purposes.
Section 16-6-1 In GeneralSection 16-6-2 ObstructionsSection 16-6-3 Picket LinesIt shall be unlawful for any person to travel on the airport except on a road, walk or other place provided for the kind of travel he is doing.
It shall be unlawful for any person to occupy or place and object on the road or walk on the airport in a manner that hinders or obstructs its proper use.
It shall be unlawful for any person to walk in a picket line as a picket or take part in a labor or other public demonstration on any part of the airport except in a place specifically assigned by the director for picket lines or other public demonstrations.
Section 16-7-1 Authorization RequiredSection 16-7-2 PassengersSection 16-7-3 Explosives; Flammable MaterialsSection 16-7-4 RepairsIt shall be unlawful for any person to use an aircraft gate position on the airport unless he has been authorized to use it.
Except in an emergency, it shall be unlawful for any person to emplane or deplane passengers on the airport in an area that has not been established for that purpose by the director.
It shall be unlawful for any person to park an aircraft which is carrying explosives or flammable materials, nor shall he load or unload such items on or from such aircraft, other than in areas designated by the director.
It shall be unlawful for any person to repair an aircraft while it is parked at the gate position except for minor adjustments.
Section 16-8-1 Fuel Delivery And DispensingSection 16-8-2 Cleaning FluidsSection 16-8-3 Open Flame OperationsSection 16-8-4 SmokingSection 16-8-5 StorageSection 16-8-6 Apron Surface Areas And Floor SurfaceSection 16-8-7 DopingSection 16-8-8 Fueling OperationsSection 16-8-9 Uniform Fire CodeSection 16-8-10 Inspections- It shall be unlawful for any person to transport or deliver aviation fuels on the airport unless he is the holder of a valid permit with the town authorizing such activity.
- It shall be unlawful for any person to dispense fuels into an aircraft unless he is the holder of a valid permit with the town authorizing such activity, except after hours when said authorized personnel are not available. Any person self-fueling an aircraft after hours shall comply with the requirements of Section 16-8-8 of the Town Code.
It shall be unlawful for any person to use a flammable or volatile liquid having a flash point of less than one hundred degrees Fahrenheit to clean an aircraft, aircraft engine, propeller or appliance in an aircraft hangar or similar type building, nor within fifty feet of another aircraft, building or hangar.
It shall be unlawful for any person to have in his possession an open flame, flame producing device, or other source of ignition in any hangar or similar type of building except in locations approved by the director.
It shall be unlawful for any person to smoke on any apron or ramp, in any hangar or shop, in any aircraft or in any other place on the airport where smoking is specifically prohibited by the director.
- It shall be unlawful for any person to store or stock material or equipment on the airport in a manner that constitutes a fire hazard.
- It shall be unlawful for any person to store any combustible materials, flammable liquids or other hazardous materials in an aircraft hanger or other building on the airport except in locations and containers approved by the Wickenburg fire department.
Each person to whom space on the airport is leased, assigned or made available for use shall keep the space free and clear of oil, grease, or other foreign materials that could cause a fire hazard or slippery or otherwise unsafe condition.
- It shall be unlawful for any person to conduct a doping process on the airport except in a properly designed fire resistive and ventilated room or building in which all lights, wiring, heating, ventilating equipment, switches, outlets and fixtures are approved for use in such hazardous areas, and in which all exit facilities are approved and maintained for such use, or except in an open area as designated by the director.
- It shall be unlawful for any person to enter or work in a dope room while doping processes are being conducted unless he is wearing spark-proof shoes.
- It shall be unlawful for any person to fuel or defuel an aircraft on the airport while:
- Its engine is running or is being warmed by applying external heat;
- It is in a hanger or enclosed space;
- Passengers are in the aircraft unless a passenger loading ramp is in place at the cabin door, the door is open, and a cabin attendant is at or near the door. A “no smoking” sign shall be displayed in the cabin and the rule enforced.
- It shall be unlawful for any person to knowingly start the engine of an aircraft on the airport if there is any gasoline or other volatile flammable liquid on the ground beneath it of sufficient quality to constitute a hazard.
- It shall be unlawful for any person to operate a radio transmitter or receiver, or switch electrical appliances on or off, in an aircraft on the airport while it is being fueled or defueled.
- During the fueling of an aircraft on the airport, the dispensing apparatus and the aircraft shall both be grounded in accordance with orders instructions of the director.
- Each person engaged in fueling or defueling on the airport shall exercise care to prevent the overflow of fuel, and shall have readily accessible and adequate fire extinguishers.
- During the fueling or defueling of an aircraft on the airport, no person shall, within fifty feet of that aircraft, smoke or use any material that is likely to cause a spark or be a source of ignition.
- Each hose, funnel or appurtenance used in fueling or defueling an aircraft on the airport shall be maintained in a safe, sound and non-leaking condition and must be properly grounded to prevent ignition of volatile liquids.
All persons shall comply with the provisions of the most recently adopted Uniform Fire Code of the town.
The town fire chief or his duly authorized representatives shall inspect monthly, or as often as may be necessary, all buildings and premises for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread or endanger life or property from fire. All orders, notices or recommendations of the town fire chief shall be complied with by all persons without delay.
Section 16-9-1 Use Of PremisesSection 16-9-2 Trash ContainersSection 16-9-3 Storage Of EquipmentSection 16-9-4 Right Of InspectionSection 16-9-5 Provisions Incorporated Into Lease AgreementsNo lessee or sublessee of airport property shall knowingly allow that property to be used or occupied for any purpose prohibited by this chapter.
- It shall be unlawful for any tenant, lessee, sublessee concessionaire or agent of any of them, doing business on the airport to keep uncovered trash containers on a sidewalk or road or in a public area of the airport.
- It shall be unlawful for any person to operate a vehicle for hauling trash, dirt or any other material on the airport unless it is built to prevent its contents from dropping, sifting, leaking or otherwise escaping.
- It shall be unlawful for any person to spill dirt or any other material from a vehicle operated on the airport.
It shall be unlawful for any lessee or sublessee of a hanger, shop facility or other operational area specified by the director on the airport to store or stack equipment or material in a manner to be a hazard to persons or property.
The director, or his authorized representative, shall have the right at all reasonable times to inspect all areas under lease to or occupied by tenants.
The provisions of this chapter shall be deemed incorporated in every lease and sublease and violations of the provisions of this chapter or any rule or regulation issued pursuant to this chapter shall result in termination of said lease or sublease.
Section 16-10-1 PolicySection 16-10-2 ProhibitionsSection 16-10-3 DefinitionsSection 16-10-4 Insurance Requirements For Commercial OperationsAs the operator and proprietor of the airport, on behalf of the citizens of the town, it is the policy and intent of the council:
- To operate the airport in a businesslike manner with as little cost as possible to the taxpayer through the imposition of fair and reasonable rentals, fees and charges.
- To provide for both private and commercial aviation at the airport to the extent practicable within physical, economical and environmental constraints.
- To provide for the full range of on-base aeronautical support through private enterprise consistent with the need for the service and the availability of space and physical facilities.
- To protect airport patrons and users form unsafe and inadequate aeronautical service and to maintain and preserve all airport facilities in a safe, secure, and orderly condition.
- To promote fair competition and not expose those who have lawfully undertaken to provide commodities and services at the airport to irresponsible or unethical business or commercial activity on the airport.
- To permit and provide adequate facilities for owner of general aviation aircraft to work on and service their own aircraft within such limits as may be imposed by this section or airport regulation for purposes of safety, preservation of airport facilities, and protection of the public interest.
- To promote the utility, educational and recreational aspects of general aviation.
- It is unlawful for any person to engage in any business or commercial activity on the airport without a lease approved by the council, or by a sublease from a duly authorized master lessee which is approved by the council. For the purposes off this article, a “Person” means any individual or group of individuals, including a company, partnership, corporation or other association. This prohibition shall apply to persons who use the airport as a base for conducting their activity but whose officer or other place of business is not situated on the airport.
- This prohibition does not apply to:
- Aircraft operations in which the flight originates and terminates elsewhere and the airport is utilized as a temporary stopping place for such purposes as landings, refueling or other aeronautical service, or the embarking or debarking of passengers, except in the case of charter or air taxi airlines.
- Company or corporate-owned aircraft where personnel or products are transported free of charge, the trip being merely incidental to the company’s principal business and not, in itself, a major enterprise for profit.
- Casual or isolated transactions such as sales by the owner.
- Pilot training and flight instruction, including rental of aircraft related to such training and instruction upon compliance with the following:
- Written approval of the airport director is received; and
- The person carrying on the activity has all necessary state and federal certifications and licenses for pilot training and flight instruction.
- Rental of aircraft upon compliance with the following:
- Written approval of the airport director is received; and
- The person carrying on the activity meets all state and federal requirements.
For the purpose of this article, a “business or commercial activity” includes the following types of activities when done for hire, compensation or reward:
- Retail sales of any goods, wares, merchandise or services.
- Pilot training and flight instruction.
- Sale, rental or charter of aircraft.
- Air carrier and air taxi operations.
- Sale of aviation petroleum products.
- Sales or service of aircraft parts, avionics, instruments or other aircraft equipment.
- Repair, maintenance, rebuilding, alteration or exchange of aircraft and aircraft engines, components or other parts.
- Flying clubs.
The airport director may require insurance, including commercial insurance, from any commercial operation at the airport. Such insurance requirement shall be set by the airport director and shall be not less than $1,000,000.00 combined single limit coverage for bodily injury and property damage, and shall name the town as an additional insured. No lease entered into pursuant to this article shall become effective until proof of such insurance is filed in the office of the airport director. Any person conducting a commercial operation at the airport releases and agrees to hold the town and its officers and employees harmless and to indemnify them for any liability of loss resulting from such suit. The Town reserves the right to deny the use of the airport to any person who is judged by the director to be endangering the public safety, health and welfare.
Section 16-11-1 Use Of Heliport Required; Permits For Use Other Than At HeliportsSection 16-11-2 ExceptionsSection 16-11-3 Emergency Landings- Except as provided in Sections 16-11-2 and 16-11-3 herein, it shall be unlawful to take off or land in any area within the town limits in a helicopter, except on a regularly established heliport or landing place, without first obtaining a permit to do so from the chief of police. The chief of police may issue a permit if the following conditions are met:
- The pilot is duly licensed by the Federal Aviation Administration.
- The helicopter to be used is licensed by the Federal Aviation Administration.
- The safety of lives of the inhabitants of the town will not be endangered by the proposed flight or landing.
- The noise attendant upon the flight or landing will not be detrimental to the neighborhood.
- Liability insurance in the amount of $1,000,000 combined single limit for bodily injury and property damage has been obtained and is in effect.
- Helicopter take-offs and landings for the purposes hereafter enumerated may be made without a permit issued by the chief of police provided all other conditions of Section 16-11-1 herein have been met.
- A take-off or landing by an authorized representative of the news media.
- A take-off or landing to assist in investigating an accident or to remove persons or property from the scene of an accident.
- A take-off or landing to assist in a medical emergency.
- A take-off or landing to assist the police department in any investigation being conducted by the police department.
The provisions of Section 16-11-1 herein shall not apply to helicopter landings made necessary by a helicopter emergency.
Section 16-12-1 Compliance With The Provisions Of This Chapter Required; Compliance With Federal Aviation Regulations Required; Compliance With Guidelines Adopted By The Town Council RequiredSection 16-12-2 Separate Landing FieldSection 16-12-3 Inspection RequirementsSection 16-12-4 Hazardous OperationsPersons operating ultralight vehicles as defined in Section 16-1-1 shall, in addition to the provisions of this article, comply with all other provisions of this chapter and of the Federal Aviation Regulations, Part 103, and the guidelines adopted by the Town Council.
(Ord. 1239/4/24)
HISTORY
Amended by Ord. 1239 on 4/15/2024
The director may establish a separate landing field for use exclusively by ultralight vehicles. Such landing field shall be clearly marked and visible from the air at one hundred feet. If a separate landing field for ultralight vehicles is established, it shall be unlawful for ultralight vehicles to take-off or land at any landing field other than the landing field established for use by ultralight vehicles.
Any person operating an ultralight vehicle and using the airport shall, upon request, allow the director or his designee to inspect the vehicle to determine the applicability of this article.
No person may operate any ultralight vehicle in a manner that creates a hazard to other persons or property.
A schedule of rates and charges for use of the airport and its facilities shall be established by the council, and each person or organization subject to said rates and charges shall promptly pay the amounts due. A copy of such schedule shall be available at the airport office in the terminal building.
ARTICLE 18-1 MUNICIPAL CEMETERY
(Ord. 1097/11-11)
HISTORY
Amended by Ord. 1097 on 11/21/2011
Section 18-1-1 Reaffirmation And Creation Of Town CemeterySection 18-1-2 Certain Past Transactions AffirmedSection 18-1-3 Future Burials, Interments, Disinterments And Sales Of Cemetery PlotsSection 18-1-4 DefinitionsSection 18-1-5 General OperationSection 18-1-6 Rules, Fees And Details Of OperationSection 18-1-7 General ConditionsSection 18-1-8 Plot Markers And LandscapingSection 18-1-9 Transfer Of PlotsSection 18-1-10 Opening And Closing Of GravesSection 18-1-11 Ownership Of Cemetery PlotSection 18-1-12 Additional RegulationsSection 18-1-13 Headstone And Bench Placement Rules And RegulationsSection 18-1-14 LightingIt is hereby reaffirmed, established and created, on a parcel of real property located on Kellis Road, a Municipal Cemetery which shall hereafter be known as Wickenburg Municipal Cemetery, the legal description hereof is on file in the Office of the Town Clerk, title thereto having derived from the United States of America by Patent Number 1050119 dated September 29, 1931.
It is hereby declared to be a nuisance and shall be unlawful for any person to bury the body of a human being within the corporate limits of the Town except in the Cemetery organized and conducted in conformity with the laws of the State of Arizona. (§9-499.01, §9-240(b), (11)(b), §32-2194)
All previous interments are hereby reaffirmed to be legal, as to their families and survivors, and any illegal or irregular transactions in respect to previous interments, shall be resolved between the Town and third parties at no cost to family and survivors.
No burials, plot sales nor interments shall be accomplished without the express, written permission of the Town Clerk, or his/her authorized representative upon providing him/her with all proper documentation. Disinterment may be accomplished only with a Final Exhumation Order from the Arizona Superior Court, Maricopa County, Arizona or through a State of Arizona Disinterment Permit.
- "Casket" means a commercially made container or equivalent, constructed of wood, board, or metal, in which a human body is buried.
- “Cemetery” means the Wickenburg Municipal Cemetery.
- “Cemetery Director” means the Town Manager or designee.
- “Certificate of Right of Internment” means the right to be buried in a specific plot as issued by the town.
- "Contractor" shall mean any person, firm or corporation or anyone engaged in placing, erecting, burying or repairing any memorial, or performing any work in the cemetery, other than an employee of the Town.
- "Disinterment" shall mean the removal of the entombed or buried remains of a deceased person which can only be done through a Final Exhumation Order of the Arizona Superior Court, Maricopa County, Arizona or State of Arizona Disinterment Permit.
- “Grave”/ “Gravesite” has the same meaning as plot.
- "Interment" shall mean the disposition of human remains by burial or inurnment.
- “Interment Right” shall mean the particular right to inter the remains of a deceased person in a specific interment space within the cemetery in accordance with a Certificate of Interment Right, subject to the limitations and regulations set forth herein.
- “Interment Services” shall refer to the opening and closing of a particular interment space/plot located in the cemetery.
- “Interment Space” shall refer to the particular grave or niche within the cemetery to which a particular interment right relates.
- “Inurnment” means placement of cremated remains into a niche.
- "Memorial" shall mean any marker or structure upon or in any plot or niche, placed thereupon or therein or partially therein for the purpose of identification or in memory of the interred.
- “Niche” means space used, intended to be used, for inurnment of cremated human remains.
- “Outer Burial Container” shall refer to the rigid outer container used to surround a casket or a cremated remains container, and shall include the products commonly known as vaults and grave liners.
- "Owner" shall mean the legal possessor of a Certificate of Interment Right.
- "Perpetual Care" shall mean that all plots for which interment rights are sold or transferred shall have "perpetual" care as herein defined, free of further cost to the purchaser after payment of the original purchase price.
- “Plot” means space in the cemetery used or intended to be used for the interment of human remains. the term includes and applies to one (1) or more adjoining graves/plots, and/or one (1) or more adjourning niches.
- "Town" means the Town of Wickenburg and its successors and assigns.
- "Wickenburg Municipal Cemetery" shall mean the area set aside, dedicated and platted for the interment of human remains.
(Ord. 1161/2-16)
HISTORY
Amended by Ord. 1161 on 2/16/2016
- Management. The cemetery is owned by the Town of Wickenburg and shall be managed by the Cemetery Director or his/her designee as provided by resolution, from time to time. The Cemetery Director, with approval of the Council, may enter into contractual agreements with third parties to perform all or portions of day-to-day operation of the cemetery, provided such contracts conform to the provisions of Chapter 4, Article 4-4 Purchasing of the Town Code.
- Records. The Town Clerk shall be responsible for maintaining all records of sales of cemetery plots and shall issue documents of sales or conveyances to the purchasers and grantees thereof in the name of, and for the benefit of, the Town.
- Accounting and Funds. The Finance Director shall be responsible for maintaining records of all income, whether from sales of cemetery plots, incidental and administrative charges, deposits or donations, and for all expenditures, whether actually paid or apportioned as between the Town’s administrative staff, derived from, or expended in connection with, the operation of the cemetery. It is not necessarily anticipated that the income received from the abovementioned sources will be sufficient to allow for the cemetery to be self-supporting; therefore, Council is hereby authorized to appropriate additional funds for the operation and maintenance of the cemetery.
- Resident Indigent Burials. All indigent burials are handled by Maricopa County through the local funeral homes.
- Right to Select Cemetery Plot. The Town Manager/Cemetery Director or his/her designated representative shall have the exclusive right to select the site of a cemetery plot for the sale or conveyance of cemetery plots. Upon request of survivors and family members, efforts may be made to allow selections of cemetery plot sites provided, however, the Town reserves the exclusive right to select the site of a cemetery plot or plots for sales and conveyances.
- Creation of Additional Plots. The creation of additional plots at the cemetery is expressly prohibited except by the Town. No other entity, contractor or funeral home may authorize the enlargement, reduction, re-platting or change in any of the boundaries or conduct any grading in the cemetery or of any Section or Sections thereof, including the right to modify or change the locations of, or remove or re-grade, features, roads, drives, trees, shrubs, flowers, landscaping and walks without the written permission of the Cemetery Director.
- Improvements at Cemetery. The Town shall have sole and exclusive authority with respect to the planting, sodding, surveying and all improvements within the cemetery grounds. Written authorization is required by the Cemetery Director prior to any improvements being performed. No tree, shrubs or bushes shall be planted on, near or adjacent to any cemetery plots. If any tree, shrub or plant, by means of its roots, branches, or otherwise, becomes detrimental to the interment space upon which it stands or any adjacent interment spaces or avenues, or if for any other reason its removal is deemed necessary, the Cemetery Director shall have the right to remove or require removal of such tree, shrub or plant, or any part thereof, or otherwise correct the existing condition. In the event of any such removal, neither the Town nor funeral home director shall have any obligation to replace the removed tree, shrub or plant.
- Caskets and Alternative Containers. All ground interments shall be made in caskets or alterative containers. All such caskets or alternative containers shall be constructed from at least three-quarter inch (3/4”) thick particle board of sufficient strength to support the weight of an adult human body. Alternatively, caskets or alternative containers constructed from cardboard, corrugated fiberboard, pressed paper or similar materials may be used if such caskets have been approved by the Cemetery Director after receipt of satisfactory proof by the funeral home that such casket has been adequately tested and shown to be of sufficient strength to support the weight of an adult human body. Effective for certificates of interment issued on or after March 18, 2016, alternative containers may be used to bury up to four (4) urns in one (1) gravesite. For sales of gravesites made prior to March 18, 2016, up to six (6) urns may be placed in one gravesite.
- Option to Create Perpetual Care Funds. The Council, by ordinance, may create or order the creation of a perpetual care fund and provide for its source and use.
(Ord. 1161/2-16)
HISTORY
Amended by Ord. 1161 on 2/16/2016
- Fees.
- By resolution, from time to time, the Mayor and Common Council shall establish fee schedules setting for the sales and conveyances of cemetery plots, administrative fees, set-up fees, grave opening and closing fees, grave-site maintenance fees, recording fees, Cremain Niche fees and other miscellaneous fees and charges incidental to the orderly operation and maintenance of the Cemetery.
- Payments for gravesites shall be made at either the Town of Wickenburg during regular business hours at 155 North Tegner Street, Suite A, or through the local funeral homes.
- Funeral Homes using the cemetery are responsible for the initial standard landscaping of the gravesites in the cemetery. The initial landscaping fee charged by the Funeral Homes shall not exceed an amount set by council resolution which shall include gravel and proper maintenance for one (1) year after burial.
- The Town is responsible for care of the gravesites after one (1) year.
- Any cemetery plots or certificate of right of interment sold or given to another individual, shall provide the Town with a notarized document with both seller and buyer original signatures and date of sale. Under no circumstances shall the Town accept faxed or reproduced/copied signatures. An administrative and recordation fee as established by council resolution shall be charged by the Town.
- Gravesite locations are awarded on a first-come/first-served basis.
- The Town will set up a payment plan for partial payments in lieu of a one-time payment in full for any grave site or sites for any plots on the “reserved” list. Payment arrangements shall be made through the Town Finance Department per Section 18-1-5.C. of this Chapter.
- Rules and Regulations for Operation and Maintenance of Cemetery. Council shall establish written rules and regulations necessary, convenient and proper for implementation of the provisions of this Chapter. Representatives of each funeral home located within the Town, under contract with the Town, shall be specifically invited to review proposed amendments and to provide input and comments.
(Ord. 1140/6-14) (Ord. 1161/2-16)
HISTORY
Amended by Ord. 1140 on 6/19/2014
Amended by Ord. 1161 on 2/16/2016
- Interment will be made only with a written permit (Certificate of Right of Interment) from the Funeral Home Director or Town. The permit shall contain as much of the following data as reasonably obtainable: name, age, date of death, date of burial, date of birth, place of birth of deceased, military service, and whether the decedent was married or unmarried. It shall also include the specific location of burial plot(s) or cremain niche(s).
- Disinterment may be conducted only with a Final Exhumation Order from the Arizona Superior Court, Maricopa County, Arizona or an Exhumation Permit from the State Of Arizona.
- The Town may, from time to time, make improvements to the Cemetery up to and including changing the layout of cemetery plots not sold if it’s deemed to be in the best interest of all parties.
- Motor vehicles shall be driven only upon such roads within the Cemetery as the Town may designate. The maximum speed limit will be 10 miles per hour at all times. If a funeral is being conducted the speed limit of 10 miles per hour may need to be reduced for safety purposes.
- A cemetery plot is not to be used for any purpose other than as a place of burial for human remains or as a memorial to deceased persons.
- Glass containers are not permitted on gravesites.
- Cemetery hours shall be from sunrise to sunset and shall be closed at all other times.
- No animals shall be allowed on the cemetery grounds with the exception of dogs certified as seeing eye, companion and/or service dogs.
- Limited double depth of the burial of a casket/vault is allowed per plot depending on the type of soil where the plot is located on the cemetery grounds. The request must be made prior to any burials occurring at the specific gravesite. If cremains are being buried, up to four (4) urns shall be allowed to be interred in one (1) plot. For certificates of rights of interment issued prior to March 18, 2016, up to six (6) urns shall be allowed in one gravesite.
- On an annual basis, each funeral home contracted with the Town shall, before undertaking any interments or disinterments, furnish the Town with a current Certificate of Insurance naming the Town of Wickenburg as an additional insured in an amount of not less that two million dollars ($2,000,000.00). Said insurance shall insure the Town against all third party liability claims of any and all kinds related to the funeral home or Funeral Director’s operation, or anticipated operation, conducted or to be conducted in the cemetery, save and except the Town shall be liable for its own negligence, gross negligence, or intentional acts and omissions. Additionally, any funeral home or Funeral Director, or their designees or subcontractors, agree to hold the Town of Wickenburg harmless for all third party liability claims of any and all kinds related to the funeral home or Funeral Director’s operations, or anticipated operations, conducted or to be conducted in the cemetery.
- Any funeral home or Funeral Director licensed in the State of Arizona may contract with any other funeral home or Funeral Director for location of available gravesites or other assistance, and any contract fees or charges shall be handled and resolved by and between the contracting funeral homes and Funeral Directors.
- Removal (disinterment) of interred or inurned remains by heirs, owners or any other person having an interest in any interment rights for the purpose of reselling the interment rights shall be strictly prohibited.
- Decorations on individual gravesites including boxes, shells, toys, sprinkling cans, receptacles, artificial or natural flowers, or similar items shall be permitted to be placed on any grave space as long as it’s kept within the boundaries of the individual gravesite. No curbing or permanent borders are allowed. If a family wishes special gravel and/or other decorations on a specific gravesite they may work with the Funeral Home Director to accomplish this. If, in the opinion of, the Cemetery Director, an item or items are unsafe and/or unstable, said items may be removed by Town Personnel.
- Neither the Town nor Funeral Director(s) shall be responsible for theft and/or damage to any personal property, including artifacts, headstones, personal effects, etc., placed on or near interment spaces or elsewhere on the cemetery grounds.
- Any person entering the cemetery grounds other than during posted visiting hours, without prior authorization in writing from the Cemetery Director shall be considered a trespasser.
- Vehicles driving through the cemetery grounds shall always be driven on the right side of the cemetery roadways. Vehicles are not allowed to turn around on the driveways or roadways and are not allowed to park or come to a full stop in front of an open grave, unless in connection with a graveside service.
- No person shall be permitted to hunt any animals within the cemetery grounds.
- The cemetery grounds are sacred and devoted to the burial of the human dead. The provisions and penalties of the law, as provided by this Article and State Statute, will be strictly enforced in all cases of injury, disturbance and disregard to the Town's rules and regulations set forth within.
- Children under the age of twelve (12) years old shall not be permitted on the cemetery grounds unless accompanied by an adult.
- Bicycles, scooters of any type and motorcycles and motor bikes of any type are not permitted on cemetery grounds except when in attendance at a funeral or on cemetery business.
- Depositing of any type of litter/rubbish on the walkways, roads, grounds, graves, gravesites or anywhere on cemetery grounds is prohibited.
- No person shall willfully or maliciously deface, break, destroy, disturb, or remove a monument, grave stone, grave marker erected for a deceased person or mark, deface, injure, destroy or disturb any fence post, rail, plant, tree, decoration or wall within the cemetery grounds.
(Ord. 1161/2-16) (Ord. 1162/4-16)
HISTORY
Amended by Ord. 1161 on 2/16/2016
Amended by Ord. 1162 on 4/4/2016
- The owner of a cemetery plot shall have the right to erect a headstone under the supervision of the Funeral Director(s) or the Cemetery Director. Headstones may be upright, flat, slanted or beveled. The Cemetery Director may approve alternative headstones if he determines such alternative is generally consistent with the above requirements. In addition, the headstone shall comply with the following standards:
- Does not create a safety hazard
- Contains no moving parts or sharp edges
- Is manufactured of sturdy/long lasting materials; no wood or deteriorating materials are permitted
- Has a professional appearance
- If a single cemetery plot is used for more than one (1) set of human remains, not more than three (3) markers shall be allowed on the gravesite. The markers shall contain all names, dates, etc. of all the deceased buried therein.
- The owner of a cemetery plot wishing to install a bench or other type of special ornamental headstone shall first receive written approval from the Cemetery Director. The proposed location, size, and type of ornamental headstone or bench will determine its suitability to the site. The special headstone shall be installed by a professional.
- New gravesites, during the time without a headstone, will be identified with a temporary legible marker furnished by the funeral home presiding over the burial.
- No vault shall be built either partly or entirely aboveground with the exception of cremation niches constructed by the Town on the cemetery grounds.
- Plot owners are prohibited from raising or depressing the surface of a gravesite above or below the surrounding ground.
- No shrubs, trees or plants are permitted to be planted on cemetery grounds without written approval from the Cemetery Director. If a shrub, tree or other type of plant is installed by a gravesite or anywhere else on the cemetery grounds without written permission it will, if deemed necessary, be removed immediately by the Funeral Director and/or Town Personnel.
- All flat markers are not required to be placed flush with the ground due to the topography of the cemetery. Care shall be given to make sure any protrusion will not be a safety issue.
- Permanent cemetery plot enclosures, curbing and boundary markers are strictly prohibited.
- The Town shall not be responsible for any defects in material or workmanship, errors or omissions relating to outer burial containers, memorials or foundations purchased from and/or installed by persons or entities other than the Town.
- The Town reserves and shall have the right to inspect the completed installation of outer burial containers, memorials, and foundations installed by others at any time. If a problem is found, the Funeral Director shall cause the correction of the problem to be taken care of immediately.
(Ord. 1161/2-16) (Ord 1162/4-16)
HISTORY
Amended by Ord. 1161 on 2/16/2016
Amended by Ord. 1162 on 4/4/2016
- Owners of a cemetery plot shall not transfer or assign any Certificate of Right of Interment for a plot, without prior consent, in writing, by the Town. Transfers shall require the owner to provide the Town with an original signed and notarized document by both the seller and buyer stating exactly what Certificate of Right of Interments are being transferred to whom and from whom and date of transaction.
- No conditional or partial transfer of interment rights and no sale or conveyance of an undivided interest therein, except to a person or persons who are already co-owners shall be permitted.
- Any funeral homes, funeral home directors and their personnel using the cemetery have no authority to give, trade, transfer, disinter or barter with any cemetery plots occupied or unoccupied at any time, for any reason. The Town owns the cemetery property which includes all current and future plots.
(Ord. 1140/6-14) (Ord. 1161/2-16)
HISTORY
Amended by Ord. 1140 on 6/19/2014
Amended by Ord. 1161 on 2/16/2016
- All interments and disinterments in the cemetery shall be performed only by qualified persons, firms, corporations, or under the direct supervision of funeral homes, funeral home directors and their personnel, licensed in the State of Arizona. Any party that inters or disinters or does any type of work in the cemetery shall provide the Town with a Certificate of Insurance outlined in Section 18-1-7.J. Disinterments shall be allowed only with a State Exhumation Permit or Court Order from Maricopa County Superior Court provided to the Town Clerk’s office prior to disinterment. The Town reserves the right to do maintenance, make improvements, and do other necessary acts in the best interest of the cemetery.
- The Town shall be afforded at least forty-eight (48) hours notice before an interment unless a holiday falls during that period. All paperwork must be in the Town Clerk’s office prior to burial.
- A five (5) day notice shall be provided to the Town Clerk’s Office prior to an exhumation/disinterment. The exhumation of a body or cremains shall not be made without a Final Exhumation Order from the Arizona Superior Court, Maricopa County, Arizona (court order) or a State of Arizona Exhumation Permit; a copy of which shall be provided to the Town Clerk’s office. An administrative fee covering the cost of exhumation shall be paid to the town in an amount established by council resolution for each exhumation/disinterment. The exhumation fee shall be paid to the Town prior to the exhumation. If an exhumation is conducted, the Town shall not be responsible or under any liability for damage to any casket, case, urn or other items to the gravesite or adjacent gravesites. All repairs shall be made immediately by the company or funeral home director conducting the disinterment.
- State law requires that all out of town or out of state burials have a signed “Burial Permit” which allows for transfer of the body. A copy shall be provided to the Town Clerk’s Office at least forty-eight (48) hours prior to said burial or transfer of human remains.
- All agreements for purchase of cemetery interment rights shall be on approved Town forms, supplied by the Town to all respective funeral homes contracted with the Town to conduct business at the cemetery and signed by an authorized representative of the Town Clerk’s office or his/her designee.
- It shall be the responsibility of the funeral home and funeral director who conducted the interment to fill and repair sunken gravesites for a period of one (1) year from the date of interment. Failure of the funeral home or funeral director to correct the problem within three (3) working days after receipt of notice from the Town of the problem may result in the Town correcting the problem, in which case the Funeral Home or Funeral Director who conducted the interment shall be required to reimburse the Town a costs as established by council resolution. (Ord. 1140/6-14)
- Any and all funeral homes, funeral directors, and subcontractors before and after interments or disinterments shall return any areas or items of every kind and nature to a condition equal to or better than the areas or items were prior to activity. The areas and items herein referred to shall include, but are not limited to, headstones and markers (moving and replacement), brick or block walls or other retainers or fences and groundcover landscaping. Brick or cement bordering type landscaping around any gravesites shall not be replaced if removed for any reason; it is prohibited in the cemetery. Any damages or disturbances not repaired or remedied to a condition equal to or better prior to damage or disturbance shall be resolved in one (1) or more of the following manners:
- The funeral home, funeral director, or their subcontractors shall, within ten (10) days after demand by the Town to repair and/or restore areas or items, remedy the situation to the satisfaction of the Town Cemetery Director. The Town may charge a reasonable administrative/inspection fee for the time and effort expended in issuing the demand and inspecting the results not to exceed an amount per notice and/or inspection of site as established by council resolution. (Ord. 1140/6-14)
- The Town, at its option, may make the repairs and/or restoration to the items and/or areas and invoice the responsible party for its actual costs plus twenty-five percent (25%) administrative/inspection surcharge. Persons invoiced shall make full payment to the Town within ten (10) days of receipt of said invoice. If payment is not paid within the ten (10) day time period, the Town shall be entitled, in addition to the invoiced amount, to investigation, collection, and attorney fees from the party or parties in default of invoiced amount(s).
- In addition to either or both of the above remedies, the Town may, at its option, prohibit the funeral home, funeral director, or subcontractors with a cease and desist order from entering into (for business purposes), or in any way using or conducting any type of operations within the cemetery grounds until the debt is paid in full.
- The following shall apply to the new Section 10 and any future burials/interments in any Sections within the cemetery whenever possible:
- There shall be no permanent borders or curbs allowed in the cemetery. Any borders or curbs damaged shall not be replaced but removed entirely from gravesite. Any gravesites that are not yet occupied and have no curb or border installed shall remain without the curb or border being installed once a burial has occurred. Only the gravesites with it currently installed and in good condition shall remain grandfathered.
- The funeral homes, contracted with the Town will make reasonable efforts to ensure all graves shall be permanently marked within one (1) year of burial. If this deadline can not be met, the funeral home director shall notify the Cemetery Director of the reasons for the delay.
- The planting of trees adjacent to gravesites is strictly prohibited. Other areas on the cemetery grounds may be available to plant memorial trees only with obtaining written authorization by the Cemetery Director. If an individual wants to plant a tree at on cemetery grounds and receives written approval from the Cemetery Director; only Pines, Palo Verde, and Mesquite Trees may be planted. No irrigation is available for any landscaping along gravesites. The Cemetery Director or his designee shall determine the location of any memorial trees planted on cemetery grounds.
- No permanent markers shall be placed in the scattering garden.
HISTORY
Amended by Ord. 1140 on 6/19/2014
- The ownership interest in a cemetery plot consists of the right of interment in said plot if purchased in full. The plot can be used for no other purpose than interment of human remains. The plot may be privately sold to another person if the plot is unoccupied and the provisions of Section 18-1-9(A) are met.
- Upon full payment for a Certificate of Right of Interment for a cemetery plot, a receipt will be provided by the Town Clerk’s Office to the buyer. Every plot shall be subject to this Article and all State Statutes governing municipal cemeteries. No statement of any agent or employee of the Town, any individuals or funeral home personnel contrary thereto shall be binding to the Town.
- If ownership transfer is due to the death of one of the plot owners, the remaining plot owner shall be responsible for providing the proper documentation to the Town Clerk’s Office reflecting the plot was legally given to same. Transfers or bequeaths are only allowed on plots that are unoccupied and a recordation and administrative fee shall be paid to the Town to complete the transfer in an amount established by council resolution.
- If the owner of a cemetery plots passes away, the plots become part or his/her estate to be administered by his/her executor. If there is no estate executor, then next of kin, or “majority beneficiary”, may authorize the opening and closing of the grave for interment of any additional plots owned by deceased. The Cemetery Director shall be provided proof of executorships or majority beneficiary in the form of a will, statutory declaration or evidence of identity to transfer the ownership of any additional plots.
- If a person feels a plot(s) is his/her property, he/she must provide the Cemetery Director with a recorded cemetery deed evidencing such ownership prior to March 18, 2016, naming such person as owner. Such evidence may include a Town issued and dated receipt stating same. This must be provided in advance of any burial.
- Interment rights shall be purchased solely for the purpose of personal or family interment or the interment of the person designated in the purchase of the gravesite paperwork and not for the purpose of speculation.
(Ord. 1140/6-14) (Ord 1161/2-16)
HISTORY
Amended by Ord. 1140 on 6/19/2014
Amended by Ord. 1161 on 2/16/2016
- Only the cemetery plot owner or recognized immediate family member can authorize the placement of any monument works at the gravesite. Any monument works must be arranged through an authorized monument dealer adhering to all industry regulations.
- It is the cemetery plot or plots owner’s responsibility to keep current the mailing address on file with the Town Clerk’s Office current.
- Rights of interment in the cemetery shall not be subject to attachments, garnishments, creditor claims, or executions to satisfy debts, obligations or torts of any owner thereof.
- In every interment an outer container shall be used such as a concrete or fiberglass box or vault, or some type of liner made of stone, brick or concrete. In the case of cremains, a casket shall not be required to bury cremains. An urn to hold the remains is an approved burial method.
- The Cemetery Director shall not be responsible to provide any equipment for funerals or burials. Funeral homes, funeral directors and/or their subcontractors, shall be responsible for all labor, equipment, and materials necessary for excavation and backfill of gravesites, setting up and removing lowering devices, tents, chairs, and any and all items necessary to properly conduct gravesite activities and interments in the cemetery.
- The interment of two (2) caskets/vaults in one (1) gravesite double depth; or up to four (4) urns in a single plot is allowed with prior written permission when the plot or plots are purchased. The only exception to this provision is if the Cemetery Director tests the soil and finds it to be too rocky/solid for double depth burials. In all cases of multiple interments, there shall be only one (1) headstone allowed for all those buried in gravesite unless special circumstances are found by the Cemetery Director when advised of the situation in writing. For certificates of rights of interment issued prior to march 18, 2016, up to six (6) urns shall be allowed in one gravesite.
- Urns with human remain ashes shall be buried, at minimum, three feet (3’) deep in the designated gravesite. Up to six (6) urns shall be allowed to be interred in one (1) plot for Certificates of Interment Rights issued prior to March 18, 2016 and, on or after March 18, 2016, up to four (4) urns shall be allowed in one gravesite.
- When instructions from plot owner regarding the location of an interment space in a plot cannot be obtained, the Cemetery Director or his/her designee may authorize the opening of the plot to see if it is the proper location, so as not to delay the funeral. The Town shall not be liable for any error made in taking this action.
- The Town shall not be responsible for compliance with any order not in writing or for any mistake made due to the lack of precise and proper instructions.
- The Town shall not be responsible for obtaining an Interment Permit, a Final Exhumation Order from the Arizona Superior Court or State Exhumation Permit, nor for establishing the identify of the person to be interred.
- The Cemetery Director shall exercise due care in authorizing a disinterment of human remains, but, in no case, shall assume any liability for damage to any body, casket, or burial case in the disinterment/removal process. The Cemetery Director shall have the right to require an appropriate agreement, signed by all parties, that such person(s) will hold the Town harmless from any liability claim or demand arising therefrom. Disinterments shall only be allowed by the Town if a Court Order or State Permit is provided to the Town Clerk’s Office in advance of such action.
- Drinking intoxicants and the use of loud, obscene or objectionable language are prohibited on cemetery grounds. No picnics shall be allowed on cemetery grounds.
- Soliciting the sale of flowers, plants, trees, or any commodity is prohibited within the bounds of the cemetery.
- All questions regarding cemetery plots, services and burials shall be directed to the Cemetery Director or his/her designee. Appropriate arrangements for weekend or holiday needs must be made in advance with the Town.
(Ord. 1161/2-16) (Ord. 1162/4-16)
HISTORY
Amended by Ord. 1161 on 2/16/2016
Amended by Ord. 1162 on 4/4/2016
- All persons planning to set a headstone will work with the Cemetery Director or Funeral Director for proper placement and alignment. If the headstone is set improperly, as determined by the Cemetery Director or Funeral Director, it will be removed and the individual that set the stone will be required to reset the headstone at no cost to the Town or Funeral Home. Funeral director shall notify the town when scheduling the placing of a headstone.
- All headstones shall comply with section 18-1-8 Plot Markers and Landscaping.
- One (1) headstone will be placed at the head of each grave site and centered. Headstones, whenever possible, will be placed in a straight line with the headstones to the left and right of the grave. This shall be up to the discretion of the Funeral Directors and/or Cemetery Director or his/her designee.
- Placement Of Headstones And Benches/Ornamental Structures.
- Single Remains Grave Headstones: under no condition shall the headstone be larger in width than the actual gravesite.
- Double Grave Headstones: under no condition shall the headstone be larger in width than the two (2) actual gravesites.
- One Gravesite/Multiple Buried Remains: when one (1) gravesite is used for up to one (1) casket or four (4) urns or two (2) caskets double depth, not more than three (3) headstones shall be used for all those buried in the single plot. It shall be the responsibility of the Funeral Director to make sure the owner understands this and purchases headstones, bench or ornamental structure that is large enough to list all names, dates and other pertinent information the owner wants on the headstones.
- Benches/Ornamental Structures: all persons wishing to install a memorial bench or some type of ornamental structure must first receive written approval from the presiding Cemetery Director or Funeral Director contracted with the Town. Once approved, the Funeral Director or Cemetery Director shall ensure soil compaction is tested to make sure it can handle the weight properly and that it is of industry standard approved dimensions.
- Any deviation from the above rules is strictly forbidden except with written consent from the Cemetery Director or his/her designee is received in writing prior to any deviation.
- The Town reserves the right to make changes to this Article to better serve the needs of the cemetery when appropriate.
(Ord. 1161/2-16)
HISTORY
Amended by Ord. 1161 on 2/16/2016
- All gravesite lighting shall be solar powered.
- Any lighting installed shall be approved by the Cemetery Director or his/her designee to make sure it does not project on any adjacent headstone and/or gravesite.
ARTICLE 19-1 PURPOSE AND APPLICABILITYARTICLE 19-2 DEFINITIONSARTICLE 19-3 ADMINISTRATIONARTICLE 19-4 AUTHORITYARTICLE 19-5 LICENSE REQUIREDARTICLE 19-6 APPLICATION FOR LICENSEARTICLE 19-7 LICENSE SCOPEARTICLE 19-8 LICENSE TERMARTICLE 19-9 TECHNICAL STANDARDSARTICLE 19-10 CONSTRUCTION OF CABLE SYSTEM; USE OF PUBLIC RIGHTS-OF-WAYARTICLE 19-11 LINE EXTENSIONSARTICLE 19-12 SECURITY DEPOSIT OR LETTER OF CREDITARTICLE 19-13 INSURANCEARTICLE 19-14 INDEMNIFICATIONARTICLE 19-15 ACCESS CHANNELSARTICLE 19-16 CONNECTION AND BASIC SERVICE TO PUBLIC BUILDINGSARTICLE 19-17 DISCRIMINATION PROHIBITEDARTICLE 19-18 CUSTOMER SERVICE REQUIREMENTSARTICLE 19-19 REPORTS AND RECORD KEEPINGARTICLE 19-20 PERFORMANCE EVALUATIONSARTICLE 19-21 ENFORCEMENT OF CERTAIN CUSTOMER SERVICE STANDARDSARTICLE 19-22 LIQUIDATED DAMAGESARTICLE 19-23 ENFORCEMENT OF LICENSEARTICLE 19-24 ADDITIONAL GROUNDS FOR REVOCATION OR TERMINATION OF LICENSEARTICLE 19-25 UNFORESEEN EVENTS AND FORCE MAJEUREARTICLE 19-26 EFFECT OF TERMINATION OR EXPIRATION ON TELECOMMUNICATIONS SERVICESARTICLE 19-27 CHANGES IN TECHNOLOGY AND DEVELOPMENTARTICLE 19-28 UNLAWFUL SOLICITATION OR GIFTSARTICLE 19-29 TRANSFERSARTICLE 19-30 RENEWAL OF LICENSEARTICLE 19-31 SEVERABILITY- The purpose of this Chapter is to regulate the operation of cable television systems operating within the Town to protect the public health, safety, general welfare, and to provide for the payment of fees and other valuable in-kind services to the Town for the privilege of using the public rights-of-way and other public places.
- This chapter shall apply to a Cable Television license granted on or before December 31, 2019, unless the licensee has elected to terminate its license during the period commending January 1, 2020 and ending June 30, 2020, pursuant to Arizona Revised Statutes Section 9-1412. (Ord. 1202/11-19)
HISTORY
Amended by Ord. 1202 on 11/4/2019
In this Chapter, unless the context requires otherwise, terms or words shall have the meaning as defined herein. Words not defined herein or therein are given their meaning in Section 602 of the Cable Act, 47 U.S.C. § 522, and, if none, their common and ordinary meaning.
- “Access Channel” means one or more channels dedicated in whole or in part for local non-commercial programming which is set aside for educational and governmental use, without a charge by the Licensee for channel.
- “Basic Cable Service” or “Basic Service” means any service tier which includes the retransmission of local television broadcast signals.
- “Cable Act” means the Cable Act of 1934, the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., as amended, the 1992 Cable Act, and the Telecommunications Act of 1996 (“1996 Act”) as amended.
- “Cable System” means a facility, consisting of a set of open transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:
- A facility that serves only to retransmit the television signals of one or more television broadcast stations;
- A facility that serves only subscribers in 1 or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way;
- Any facilities of any electric utility used solely for operating its electric utility systems. If any electric utility-based provider operates or maintains connection to this licensed system, that provider is not exempt from the provisions of this Chapter and must either be Licensed or the connection shall cease;
- A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, Subsection 201, et seq., except that the facility will be considered a Cable System to the extent that it is used in the transmission of video programming directly to subscribers.
- “Cable Communications Service” means the two-way transmission of video or other programming service to subscribers and any subscriber interaction, if any, required for the selection or use of such video programming or other programming service delivered via the Cable System as defined herein. “Cable Service” shall be synonymous with this definition.
- “Complaint” means a subscriber or citizen issue presented in formal written form, to the Licensee or to the Town relating to any aspect of the Licensee's performance under this section.
- “Control of a Licensee or Applicant” shall mean majority voting control of the Licensee; provided that, any financing arrangement, including but not limited to the legal ownership, possession or ability to direct the daily affairs of the services provided by Licensee - either directly or indirectly, whether by contractual Agreement, transfer, assignment, sublet or subdivision in any way or through any mechanism including a sale or lease of the Cable System or a sale or change of control.
- “Density per Cable Plant Mile” means the number of Dwelling or Occupied Units per mile of Licensee’s cable system, measured on a linear foot basis (in underground trench or aerial strand) from the nearest technically feasible point of connection to the Licensee’s cable system to the structure or structures where cable service has been requested.
- “Dwelling or Occupied Unit” means any separate and distinct structure or part thereof which exists in finished form, occupied or capable of year-round occupation, and serves as a residence to one or more persons or place of business. Included in this definition, but not limited to this definition are: all single family homes, each apartment or multi-family unit, each condominium unit, patio homes and similar type structures and occupied commercial and industrial businesses.
- “Educational Institution” includes any public educational institution, which is accredited by a nationally recognized organization, including local primary and secondary schools, colleges and universities.
- “Fair Market Value” means the price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at that time.
- “FCC” means the Federal Communications Commission.
- “Government Agency” means any state, local, regional or special government agency with a physical presence within the Town of Wickenburg.
- “Gross Revenues” means all cash, credits, property of any kind or nature, or other consideration, less related bad debt not to exceed one and one-half per cent annually, that is received directly or indirectly by the cable operator, its affiliates, subsidiaries or parent or any person, firm or corporation in which the cable operator has a financial interest or that has a financial interest in the cable operator and that is derived from the cable operator’s operation of its cable system to provide cable service in the area of jurisdiction. Gross revenues include all revenue from charges for cable service to subscribers and all charges for installation, removal, connection or reinstatement of equipment necessary for a subscriber to receive cable service, and any other receipts from subscribers derived from operating the cable system to provide cable service, including receipts from forfeited deposits, sale or rental of equipment to provide cable service, late charges, interest and sale of program guides. Gross revenues also include all income the cable operator receives from the lease of its facilities located in the public streets, roads and alleys, unless services that the lessee provides over the leased facilities are subject to a transaction privilege tax of the licensing authority. Gross revenues do not include revenues from commercial advertising on the cable system, the use or lease of studio facilities of the cable system, the use or lease of leased access channels or bandwidth, the production of video programming by the cable operator, the sale, exchange, use or cablecast of any programming by the cable operator in the area of jurisdiction, sales to the cable operator’s subscribers by programmers of home shopping services, reimbursements paid by programmers for launch fees or marketing expense, license fees, taxes or other fees or charges that the cable operator collects and pays to any governmental authority, any increase in the value of any stock, security or asset, or any dividends or other distributions made in respect of any stock or securities.
- “License” means the right granted by the Town to construct, maintain and operate a Cable System over, on, or under streets, roads and all other public ways, easements, public places and rights-of-way within all or specified areas of the Town and as otherwise described within the License Agreement. The term does not include any License or permit that may be required by this Chapter or other laws, ordinances, or
regulations of the Town for the privilege of transacting and carrying on a business within the Town or for disturbing the surface of any street or public thoroughfare.
- “Licensee” means the person, firm or corporation to whom a License is granted under the terms of this Chapter, and its successors, transferees or assignees subject to the Control, Ownership and Transfer provisions contained in this Chapter.
- “License Fee” is the fee based on the Gross Revenue derived from operating and use of public rights-of-way and for operating a Cable System within the limits of the Town.
- “Normal Operating Conditions” means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
- “Public Right-of-Way” shall mean the surface, air space above the surface, and the area below any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive, bridge, tunnel, park, waterway, easement, or right-of-way now or hereafter held by the Town, or dedicated for use by the Town, use by the general public, or use compatible with Cable System operations.
- “Person” means any individual, corporation, partnership, association, limited liability company, joint venture, or organization of any kind and the lawful trustee, successor, assignee, transferee, or personal representative thereof.
- “Service Call” shall result when service problems occur relating to a loss of or degraded signal or picture on one or more channels or services, or verifiable property damage by Licensee employees or authorized contractors.
- “Service Interruption” means the loss of picture or sound on one or more cable channels.
- “Signal” means any transmission of radio frequency energy or of optical information including below ground or suspended aerial cables.
- “Standard Drop” means that cable connection which requires no more than a one hundred and twenty-five foot (125’) drop measured from the nearest point of subscriber’s home or place of business to the nearest active tap on the Cable System, involving only one outlet and standard materials and does not involve a wallfish. In addition, a standard drop shall exclude custom installation work including specific subscriber requested work that requires nonstandard inventory or cable routing that requires construction methods exceeding reasonable underground or aerial work. A standard drop shall include cutting in one or more taps and extending cable as necessary.
- “Subscriber” means any person, business or entity who legally receives any Cable Service provided by a Cable System but does not include persons who receive not more than two channels of non-commercial closed-circuit video service which is not made available to the general public.
- “Two-Way Capability” means the incorporation in a cable system of all appropriate design and engineering characteristics so that two-way transmission, including addressability, over the system can be implemented with a minimum of expense.
- “User” means a person utilizing a cable system's facilities for purposes of transmission of material or information to subscribers or others.
Section 19-3-1 Town ManagerSection 19-3-2 Actions By The Town CouncilThe Town Manager (or designee) has responsibility for the administration and enforcement of this Chapter, including:
- Establishing procedures for the conduct of public hearings and other proceedings required by this Chapter or the License Agreement;
- Conducting public hearings, including designating hearing officers;
- Coordinating management and operations of Town government access channels; and
- Administering corrective remedies as described herein (if necessary) to meet the terms of this Chapter or the License Agreement.
- The following actions are subject to approval by the Council:
- Granting or renewing a License;
- Approving transfer of a License if approval is needed under Article 19-29;
- Revoking a License; and
- Modifying a License Agreement in a manner that substantially alters material provisions of the License.
- All other actions are subject to approval by Town Manager, the Public Works Department director or other Town official as designated in this Chapter.
The Town has authority to grant non-exclusive licenses to construct, operate and maintain cable systems in the public rights-of-way and other public places within the Town of Wickenburg pursuant to A.R.S. § 9-505 and the federal Cable Act.
It is unlawful to construct, operate or maintain a cable system in the public rights-of-way and other public places within the Town without a valid license issued under this Chapter.
Section 19-6-1 Application For New LicenseSection 19-6-2 License FeesSection 19-6-3 Issuance Of LicenseSection 19-6-4 Conditional Approval- Each applicant for a license to construct, operate or maintain a cable system in the Town shall be filed with the Town Clerk and shall include the following:
- The corporate name, address and telephone number of the applicant;
- The names and addresses of any affiliated, parent or subsidiary companies and their relationship to applicant;
- Financial statements, prepared by a certified public accountant, showing applicant’s ability to complete construction and installation of the proposed cable system and/or continue operation of an existing system;
- A description of the cable system proposed to be constructed, installed, maintained or operated by applicant.
- Any other information required by Town and relevant to issuance of a cable system license.
- A license fee as provided in section 19-5-4.
- All applications filed with the Town Clerk remain the property of the Town. Applications submitted may be returned as incomplete if they do not comply with all requirements of the Town.
- Each application for new license, renewal, transfer or assignment, or modification of License to be granted under the authority of this Chapter shall be accompanied by a fee in an amount established by council resolution. (Ord. 1140/6-14)
- If the applicant’s application is not approved, such fee is non-refundable. If the application is approved, the application fee will be refunded by offset of license fees to be paid to Town.
- In consideration of the License granted, Licensee shall pay the Town five percent (5%) of the Licensee's Gross Revenues as defined in this Chapter. Licensee must pay the License fee due to the Town for the preceding quarter within thirty (30) days of the end of that quarter. Monthly payments will be acceptable.
HISTORY
Amended by Ord. 1140 on 6/19/2014
- Upon receipt of any application for license, the Town Manager shall prepare a report, including recommendations concerning the application, to be presented to the Town Council at a public hearing. The Town will evaluate all applications submitted within 180 days of receipt of a complete application.
- Within 180 days after receiving a complete application, a public hearing shall be held to consider the application and receive public comments. Factors to be considered may include, but are not limited to, the quality of cable services proposed, areas to be served, rates, benefit to the Town, experience, background, and financial responsibility of the applicant, its management and owners, technical and performance quality of equipment, willingness to meet construction and physical requirements, to meet all requirements of this Chapter, and to abide by all applicable laws, rules and regulations.
- Following the first public hearing on an application, the Town Council may direct staff to conduct further negotiations with an applicant, or set further public hearings. Within 180 days after the first public hearing, the Town Council shall make a final decision that such application be denied, or that such license be granted with the terms and conditions approved by Council. The decision shall be based on the public record, issued in writing and shall be final.
No license granted shall become effective unless and until the license is officially accepted by licensee, and all insurance, letter of credit and bond requirements are submitted within twenty (20) days from Town Council approval of a license or such longer period of time approved by Council.
- A license issued under this Chapter authorizes licensee to construct, operate and maintain a cable system in the public rights-of-way for installing cables, fiber, wires, lines, and other facilities in order to provide cable services. A licensee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public rights-of-way in the Town such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appropriate to the operation of the system.
- A license does not authorize licensee to install cables, wires, lines, or any other equipment or facilities on private property without the owner’s consent.
- Licensee is authorized to use, operate and provide similar facilities on or to properties rented, licensed or leased from other persons, firms or corporations, including but not limited to any public utility or other licensee licensed or permitted to do business in the Town; provided, however, that neither the licensee nor the third party shall be relieved of any regulation or obligations as to its use of such facilities in the streets, as required by local building or other Code or Ordinance.
- A license is subject to the paramount right of use by the Town and the public for public purposes consistent with applicable law.
The term of any license shall not exceed fifteen (15) years. A license may be renewed by the Town pursuant to this Chapter and then applicable law.
Section 19-9-1 FCC StandardsSection 19-9-2 Continuous 24-Hour OperationSection 19-9-3 Scheduled TestingSection 19-9-4 Testing For Compliance With FCC StandardsSection 19-9-5 Maintenance Of The System In Good Working OrderSection 19-9-6 Technical Specifications Of Cable SystemLicensee shall operate and maintain its Cable System in compliance with all Federal Communications Commission (“FCC”) requirements, including but not limited to those set forth in 47 C.F.R. Part 76 or as amended. If federal law is subsequently amended or minimum technical specifications are no longer mandated by the FCC, the technical specifications in effect at the time of adoption of the License Agreement shall govern. Should the FCC promulgate amended technical requirements which exceed the performance guidelines in effect at time of the adoption the License Agreement, Licensee shall operate its System in compliance with such applicable FCC requirements. All maintenance performed on the Cable System by the Licensee shall be in accordance with FCC regulations governing technical performance and operating standards, currently in effect or hereinafter amended.
The Cable System shall operate continuously for 24 hours daily without severe material degradation or malfunction of signal under normal operating conditions. The term "normal operating conditions" as used herein means those service conditions which are within the control of the Licensee. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
For any scheduled testing of the System which causes any substantial interruption to Cable Service, the Licensee must make reasonable efforts to notify Subscribers within ten (10) days prior to such testing and possible interruption. This notification includes but is not limited to notification by character generator on the Cable System or neighborhood flyers in the areas to be tested. Insofar as feasible, Licensee shall voluntarily interrupt the provision of Cable Service only with good cause and for the shortest time possible during periods of minimum Cable System use.
Following construction of the Cable System, tests shall be conducted on this System which shall meet FCC Cable Television System Technical Performance Standards of 47 C.F.R. §76.601 through and including §76.630. On request of the Town, the Licensee shall provide copies of test results and documentation of any required repairs determined to be needed by the required tests.
Licensee shall maintain all of the material properties, assets and equipment of the Cable System, and all such items added in connection with any upgrade, in good repair and proper working order and condition throughout the term of its License.
Licensee shall construct, install, operate and maintain its Cable System at all times in compliance with the specifications and standards set forth in the License.
Section 19-10-1 In GeneralSection 19-10-2 Construction Performance BondSection 19-10-3 Construction PlansSection 19-10-4 Construction ScheduleSection 19-10-5 RelocationSection 19-10-6 InterferenceSection 19-10-7 SafetySection 19-10-8 UndergroundingSection 19-10-9 Permits; DamageSection 19-10-10 Blue StakeSection 19-10-11 Tree TrimmingSection 19-10-12 Temporary ChangesSection 19-10-13 Co-Location And Joint TrenchingSection 19-10-14 Pole AttachmentsLicensee shall comply with the terms of all current and applicable and lawful zoning, building and other ordinances, regulations, codes, guidelines and laws controlling the location, construction of, or attachment to towers, poles, cables, amplifiers, conduits and other facilities owned, leased and otherwise used by Licensee for the Cable System. This includes requirements to obtain applicable permits. No construction will take place in public easements or public rights-of-way prior to any required permitting by and approval of Town of Wickenburg Public Works Department, which shall not be unreasonably withheld or delayed. Licensee shall construct its Cable System in compliance with the Town Code, Article 8-3 Street Improvements, as may be amended. In case of any conflict between Article 8-3 and this License, the more stringent terms shall apply.
- Ongoing Construction. To ensure the Licensee's performance of License obligations, Licensee shall have in force at all times a performance and payment bond in favor of the Town in an amount equal to the reasonable estimated cost of the project at least ten (10) days prior to the start of any construction. This bond shall be approved by the Town Attorney and Town Manager, and shall be maintained throughout the period of construction only, unless construction of the cable system is ongoing. If construction is ongoing throughout the term of this license, the Performance Bond shall be effective throughout the term of this License. The Town reserves the right to approve the form of the Performance Bond.
- Interest. When the Licensee furnishes a deposit or deposits money pursuant to this section, interest at the rate of 5% (five percent) per annum shall be credited or paid to the Licensee annually during the continuance of the deposit.
- Withdrawal. In the event the Licensee fails to comply with any law, ordinance, or regulation governing the Licensee, or fails to well and truly observe, fulfill and perform each term and condition of the License, there shall be recoverable, jointly and severally from the principal of the bond, any damages or loss suffered by the Town as a result, plus a reasonable allowance for consultant and attorney’s fees, including and up to the full amount of the bond. Town shall have the right to make a withdrawal without further notice to Licensee, if Licensee, after reasonable notice and opportunity to cure any default under this License, has failed to effect such cure.
- Release. Upon completion of construction and payment of all construction obligations of the full cable system satisfactory to the Town, the Town Attorney may, with the approval of the Town Manager, eliminate or reduce the requirement of the Licensee to maintain the said bond, considering performance history of the Licensee and other factors.
- Waiver. The Performance Bond provisions may be conditionally waived by the Town in good faith of high standards of past performance in working within the pubic rights-of-way. Licensee is under obligation to maintain the highest standards of performance while working within the public right-of-way within the Town, and if, at any time, the Town Manager or Town Council find that the Licensee has failed to maintain standards set forth in Article 8-3 Street Improvements and/or this License, the Town Manager may revoke such amnesty, upon written notice of non-compliance, with opportunity for Licensee to remedy the non-compliance as defined in this Chapter.
Prior to commencement of new construction or expansion of the System, the Licensee shall provide the technical specifications, in adequate detail, to be utilized in the construction of the Cable System. At such time that the Licensee applies for a permit to construct a new portion of the System, the Licensee shall submit to the Town Public Works Department a detailed site plan or map showing the proposed location of that portion of the System and the relationship of that portion of the System to all existing roadway systems, with sufficient information for Wickenburg Public Works Department to issue the right-of-way permit, and to inspect the work being performed in the public easements and public rights-of-way. Upon completion, and at the Town’s request, the Licensee shall file construction plans with the Town in hard copy. If requested by the Town, the Licensee shall also file construction plans in electronic mapping format compatible with the Town’s current electronic mapping format, showing the location of all underground cable; provided, however Licensee may request Town to pay the actual reasonable costs of supplying the mapping in the Town’s current electronic mapping format.
The Town may require Licensee to report on construction progress and provide information showing how the construction schedule established in the License or construction permits is being met.
Licensee must remove, replace, or modify at its own expense any of its facilities in a public right-of-way when the Town requires it to do so, to allow the Town to change, maintain, repair or improve a public thoroughfare or perform other public improvements. Any privilege claimed under this License by the Licensee in any street, alley, or public rights-of-way, shall be subordinate to any lawful occupancy of the streets, or other public property, or which in the future may interfere with the public safety or necessary public improvements as determined necessary by the Town. The Town reserves every right and power to require the Licensee to protect, support, temporarily disconnect or relocate in the same street, alley or public space, at the Licensee’s expense and after ninety (90) days advanced notice, by reason of traffic conditions, public safety, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water or sewer pipes, signal lines and any other type of structures or improvements by the Town or other public agencies when acting in an official capacity. The Licensee shall have the choice to either relocate or abandon the infrastructure in place.
All transmission lines, equipment and structures, including poles, shall be installed and located to cause minimum interference with the rights and reasonable convenience of property owners.
Suitable safety devices and practices as required by local, Town, state and federal laws, regulations, and permits must be used during construction, maintenance, and repair of a cable system.
Licensee must put the cable underground at its expense on streets and roads where both electrical and telephone utility wiring are underground, and must move the cable underground after initial installation when electrical and telephone utility wiring are moved underground. The Licensee must put the cable underground between a street or road and a subscriber's residence if both electrical and telephone utility wiring are underground. A Licensee may install aerial cable on electric or telephone utility poles if Licensee agrees to pay any reasonable additional costs for Licensee permits for such aerial installation; provided, however the Town reserves the right to require License to underground facilities at Licensee’s own expense when the pole is taken down.
Licensee must obtain any required permits before starting construction work on public rights-of-way. Licensee shall not be required to pay any Town permit fee or inspection fee for work in the public rights-of-way, unless state law is amended to allow the Town to charge such fees in addition to the License Fee. Licensee, at its own expense, shall promptly restore all public rights-of-way to their former or better condition after construction is completed within the area permitted. The Town, may, after prior written notice to the Licensee, repair any damage done by the Licensee at the Licensee's expense if restoration is not satisfactorily performed within a reasonable time, any amnesty from providing Performance or Surety Bond contained in this Article may be rescinded. Licensee shall bear all reasonable costs that are associated with damage caused to public streets, road and alleys by construction, maintenance and operation of its facilities in the public streets, roads that are imposed on a competitively neutral and nondiscriminatory basis in relation to costs borne by telecommunications corporations under A.R.S. § 9-582, subsection C.
Licensee shall participate in the regional one call utility locating system (Blue Stake).
Subject to the supervision and direction of the Town, Licensee may trim trees within public rights-of-way at its own expense as necessary to protect its wires and facilities, and with National Electrical Safety Code and other clearance requirements. A Licensee may trim trees on private property with the consent of the property owner.
At the request of any person holding a valid building moving permit and upon sufficient notice, the Licensee must temporarily raise, lower or cut its wires as necessary to facilitate a move. The direct expense of these temporary changes, including standby time, must be paid by the permit holder. The Licensee may require payment in advance.
Licensee shall cooperate with the Town and all other persons with authority from the Town to occupy and use the public rights-of-way in the coordination and construction activities and joint-trenching projects, and shall provide the Town with a proposed construction schedule in, around or that may affect the public rights-of-way. The Town Engineer shall coordinate all construction locations, activities, and schedules to minimize public inconvenience, disruption, or damage to the public rights-of-way of the Town.
Licensee may utilize, after obtaining the owner’s permission and in accordance with a separate executed Pole Attachment Agreement, existing poles, conduits or such other facilities whenever feasible, and may make its own facilities available for other Licensees or other users of the streets on reasonable terms when feasible. Nothing in this section, however, shall be interpreted as to grant the right to use any existing easement or to utilize any poles, conduits, easements, or other facilities without the owner’s permission. Underground streets, sidewalk and driveway crossings not using existing conduits shall be bored unless specific Town approval is received. The Licensee may install its own poles only when approved by the Town and then subject to whatever reasonable terms and conditions the Town requires.
- After completion of construction or any upgrade of the Cable System required by a License, or at any time after issuance of a License if no construction or upgrade is required by the License, Licensee shall extend its Cable System in accordance with the provisions of this Article.
- Upon request of an unserved Dwelling Unit or Occupied Unit, subject to the exceptions set forth in subsection (C), Licensee shall extend its cable system and provide cable service as follows:
- Standard Drops. If the Unit is located within one-hundred twenty -five feet (125’) of the nearest feasible point of connection to any Licensee’s cable distribution system, including but not limited to trunk and feeder lines, and aerial lines, then, within ten (10) calendar days from the request, Licensee shall complete a Standard Drop connection at the standard connection charge.
- Location Beyond Standard Drop. If the Unit is located beyond a distance of one-hundred twenty-five feet (125’) of the nearest feasible point of connection to any of the Licensee’s cable distribution system, including but not limited to trunk and feeder lines, and aerial lines, then, within one hundred twenty (120) days from request, Licensee shall complete a connection at the standard connection charge plus an amount equal to the reasonable actual labor and material costs incurred by Licensee for the additional facilities and work required to extend the line beyond the Standard Drop.
- Exceptions. Licensee shall not be required to comply with the line extension requirements set forth in subsections (A and B) where:
- Licensee is unable to obtain access to easements and rights-of-way which are reasonable under prevailing market conditions.
- Another cable system operator licensed under this Chapter has already installed and is operating a cable system.
- The line extension is not commercially impracticable, as reasonably determined by the Town Council.
- Additional time for the line extension is required due to unusual circumstances, including without limitation, street crossings, in which case the time requirements are extended for such reasonable time as required under the circumstances. The City Manager may require Licensee to demonstrate an extension of time is required.
- The Density per Cable Plant Mile is less than forty (40) Dwelling or Occupied Units per Cable Plant Mile. For illustrative purposes, if one mile of cable plant is extended to pass by 40 Dwelling or Occupied Units, density per cable plant mile is 40. If one-half mile of cable plant is extended to pass by 20 Dwelling or Occupied Units, the density is 40. If one-fourth mile of cable plant is extended to pass by 10 Dwelling Units or Occupied Units, the density is 40. If one-eighth mile of cable plant is extended to pass by 5 Dwelling Units or Occupied Units, the density is 40.
Section 19-12-1 AmountSection 19-12-2 InterestSection 19-12-3 WithdrawalSection 19-12-4 Automatic ReplenishmentSection 19-12-5 Return Of DepositSection 19-12-6 RightsLicensee must post with the Town a Security Deposit, Irrevocable Letter of Credit or Bond in an amount set forth in the license before the license is effective. The Town must hold the security deposit as security for:
- Faithful performance of all applicable compensation provisions of law, this Chapter and the License Agreement;
- Collection from the Licensee for any claims, liens, taxes or compensation due to the Town because of the operation or maintenance of the Cable System, or costs or expenses that the Town is compelled to pay by reason of any act or default of the Licensee in connection with this Chapter or its License.
The Town shall place any such security deposit in an interest-bearing account such as those in which the Town general funds are located. The interest will accrue to the benefit of the Licensee but may not be withdrawn. All interest is added to and becomes part of the original security deposit during the term of the License.
The Town may immediately withdraw an appropriate amount, including interest and penalties, from the security deposit if:
- After ten (10) days notice the Licensee fails to pay to the Town any fees or taxes due and unpaid, damages, or costs or expenses that the Town is compelled to pay by reason of any act or default of the Licensee in connection with this License, unless Licensee contests the matter within the ten (10) day notice period; or
- After thirty (30) days notice to the Licensee, the Licensee fails to comply with any provision of the License that the Town reasonably determines can be remedied by an expenditure of the security deposit.
The Town must promptly notify the Licensee of the amount and date of any withdrawal.
The Licensee shall replenish the Security Deposit unless Licensee appropriately remedies the issue. If any amount is contested by the Licensee, then there needs to be a resolution of that issue prior to replenishment. The parties shall agree to negotiate in good faith about any replenishment should the initial security fund be depleted by any amount.
The Town must return the security deposit to the Licensee after termination or expiration of the License if there is no outstanding default or unpaid amounts owed to the Town by the Licensee.
The rights reserved to the Town with respect to the security deposit are in addition to all other rights of the Town under this Chapter and the License Agreement or other law. An action, proceeding, or exercise of a right with respect to the security deposit does not affect any other right the Town may have.
Section 19-13-1 Insurance AmountsSection 19-13-2 IncreasesSection 19-13-3 Self InsuranceUpon acceptance of a license, the Licensee shall file with the Town Clerk and shall thereafter during the entire term of such license maintain in full force and effect, at its own expense, a general comprehensive liability insurance policy or policies which shall insure licensee and provide primary coverage for the Town, its officers, boards, commissions, agents and employees, against liability for loss or liability for personal injury, death, property damage (both automobile and non-automobile caused), or other damages in such amounts as set forth in the License. Such policy or policies shall be issued by a company approved by the manager and shall be in a form approved by the Town attorney, with minimum combined single limits of liability coverage in the amount of $2,000,000.00. The policy or policies shall name the Town, its officers, boards, commissions, agents and employees as additional insured and contain a provision that a written notice of any cancellation, modification or reduction in coverage of said policy shall be delivered to the clerk 30 days in advance of the effective date thereof. No license granted under this Chapter shall be effective unless and until certificates of insurance evidencing coverage required above are delivered to the clerk. Any substitute policy or policies shall be subject to the same approvals and shall comply with all of the provisions of this subsection.
The Council may require increases in the amount of types of coverage no more frequently than every five years, based on increases in the CPI, so as to ensure full protection of the Town and the public. The licensee shall have six months from the date of notification from the manager to comply with any increase.
A licensee may self-insure the above-described policy coverages if such licensee or its parent is of sufficient financial standing to reasonably provide such insurance. A licensee that elects to self-insure shall file with the Town a certificate of insurance as specified by the Town.
Section 19-14-1 In GeneralSection 19-14-2 IndemnificationSection 19-14-3 OverbuildAny Licensee issued a License under this Chapter shall indemnify the Town as set forth in this Article, and the indemnification provisions of this Article survive any expiration or termination of a License.
- Licensee shall indemnify, hold harmless, and defend the Town, its officials, boards, commissions, agents, and employees, against any claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance, or operation of its cable system regardless of whether the act or omission complained of is authorized, allowed or prohibited by the License. This requirement includes claims arising out of copyright infringement or a failure by the Licensee to secure consent from the owner, authorized distributor, or Licensee of a program to be delivered by the Cable System.
- To the fullest extent permitted by law, Licensee shall defend, indemnify and hold harmless the Town of Wickenburg, its agents, officers, officials and employees for and against all tort claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted either wholly or in part from the acts, errors, mistakes, omissions, work or services of the Licensee, its agents, employees, contractors or subcontractors in the performance of its activities, and regardless of whether or not such claim, damages, loss or expenses are caused in part by the non-negligent actions of the Town of Wickenburg. By law, the Town and its employees may not be indemnified and held harmless in cases where the Town or its employees cause willful damage or loss to a system, and may also be responsible for such claims, damages and losses, should they occur.
- Licensee has a contractual duty to defend, hold harmless and indemnify the Town of Wickenburg, its agents, officers, officials and employees shall arise in connection with any tort claims, damages, losses or expenses that are attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting there from, caused either wholly or in part by Licensee’s acts, errors, mistakes, omissions, work or services in the performance of its activities including any employee of the Licensee or any other person for whose acts, errors, mistakes, omissions, work or services the Licensee may be legally liable, and regardless of whether or not such claim, damages, losses or expenses are caused in part by the non-negligent or non-willful actions of the Town of Wickenburg.
In the event of an overbuild situation by a new provider of multiple channels of video programming, the Town may require written agreements from the new provider to require the new provider to indemnify each Licensee for any damage to facilities and services caused by construction or maintenance of the cable systems of the new providers.
Section 19-15-1 Access ChannelsSection 19-15-2 Town ResponsibilitiesSection 19-15-3 Capital Grant- Town may require Licensee at Licensee’s own expense to provide access channel capacity to transmit programming over which the Licensee exercise no editorial control except as authorized by 47 United States Code § 531(e). The educational or governmental access programming shall be limited to not more than two (2) channels of public, educational or governmental access programming in the basic service tier of the cable television system and not more than two channels of noncommercial governmental programming, at least one of which may be programmed by the federal government, in the digital programming tier of the cable television system. If channel capacity is required, the programming shall be specified in the License and
the cable operator may require that the channels regularly display an unobtrusive logo or other suitable identifier of the cable operator as set forth in the License.
- Licensee at its own expense shall provide, maintain, and operate facilities and equipment of the cable television system, including facilities and equipment for signal carriage, processing, reformatting and interconnection:
- To connect the cable television system, as it may be relocated from time to time, to transmit programming to and from existing locations of public, educational or governmental access facilities and to allow monitoring of access programming at the facilities. The term “existing” shall mean those locations designated in the License.
- To transmit public, educational and governmental access channels to subscribers with the same prevailing quality, functionality and identification as other channels.
- The value of any channel capacity provided pursuant to this section, and the costs and expenses incurred pursuant to this section may not be offset against the Licensee Fee levied or assessed under the License.
Town and/or the Educational Institution using an Access Channel shall be responsible for day-to-day operation of the Access Channels, and adopting reasonable rules governing use of the Access Channels.
If provided for in the License, Licensee shall provide a capital grant for purchase of equipment and facilities for the Access Channel(s).
Section 19-16-1 Standard Drop To Public BuildingsSection 19-16-2 Basic ServiceUpon request of the Town, Licensee shall provide, without charge, a minimum of one activated standard drop to all present and future public buildings as designated by the Town from time to time, including but not limited to: public schools, colleges and universities; Town fire stations and police stations; public libraries; Town community center; and Town recreational facilities.
If requested by Town at any time, Licensee shall provide basic service free of charge to offices and facilities of the Town. The value of any basic service provided by Licensee shall not be offset against the License Fee levied or assessed under the License.
- Licensee must have a uniform rate structure for its Cable Services throughout the License area to the extent required by the Cable Act and the FCC rules.
- Licensee must not deny, delay, or otherwise burden service or discriminate against subscribers or users on the basis of age, race, religion, color, sex, sexual orientation, handicap, national origin, martial status, or geographic location, except for discounts for the elderly and handicapped.
- Licensee shall not deny cable service to any potential subscriber because of the income of the residents of the area in which the subscriber resides.
- Licensee shall provide all residential areas (and commercial and industrial areas where economically feasible) within the Town with access to Cable Services, provided that all such permission as may be required from the owner of the property is reasonably available, subject to the requirements set forth in this License.
- For purposes of determining compliance with this Article, Licensee shall maintain and allow the Town to inspect on request, a basic service area map to current customers illustrating current service areas within the Town limits.
Section 19-18-1 Telephone AvailabilitySection 19-18-2 Customer Service CenterSection 19-18-3 Installations, Outages, And Service CallsSection 19-18-4 Communication Between Cable Operators And Cable SubscribersSection 19-18-5 Information To Be Provided To Cable SubscribersSection 19-18-6 Notice To Subscribers Concerning Rate And Service ChangesSection 19-18-7 Subscriber Bill Information And Bill DisputesSection 19-18-8 Change In Federal RegulationsSection 19-18-9 Continuity Of Service MandatorySection 19-18-10 Subscriber Privacy- Licensee shall maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. Trained company representatives will be available to respond to customer telephone inquiries during normal business hours. After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day.
- Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time.
Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located.
Under normal operating conditions, each of the following four standards will be met no less than nine-five (95) percent of the time, measured on a quarterly basis:
- Standard installations will be performed within seven (7) business days after an order has been placed. “Standard” installations are those that are located up to 125 feet from the existing distribution system.
- Excluding conditions beyond the control of the operator, the cable operator will begin working on “service interruptions” promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem.
- The “appointment window” alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.
- Refund checks will be issued promptly, but no later than either: 1) The customer’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or 2) The return of the equipment supplied by the cable operator if service is terminated.
- Credits for service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted.
Licensee shall comply with all requirements set forth in 47 C.F.R. § 76.1602 as may be amended.
License shall comply with all requirements set forth in 47 C.F.R. § 76.1603 as may be amended.
Bills must be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity curing the billing period, including optional charges, rebates and credits. In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days.
In the event the FCC amends regulations related to customer service found in 47 C.F.R. Part 76 the Town may require Licensee to confirm its customer service standards to amended FCC regulations.
- It is the right of all subscribers to receive all available services from the Licensee if their financial and other obligations to the Licensee are satisfied.
- If this License is terminated, the Licensee shall make good faith efforts to ensure that all subscribers receive continuous, uninterrupted service until the termination is final, and then refund the remaining portion of the monthly service charge to the subscriber.
- If Licensee discontinues service to its subscribers without Town approval, the License may be terminated immediately.
Licensee shall protect the privacy of all subscribers as provided for in the federal Cable Act. Licensee shall not condition subscriber service on the subscriber's grant of permission to disclose information, which, cannot be disclosed without the subscriber's explicit consent under federal law.
Section 19-19-1 Records Of Written ComplaintsSection 19-19-2 InspectionSection 19-19-3 Subscriber InformationSection 19-19-4 Annual ReportsLicensee must maintain a complete record of formal written complaints received and action taken. These records must be open to the Town for inspection during normal business hours, subject to applicable law, including privacy laws. Licensee must maintain complaint records for three (3) years. In lieu of retaining all complaint records for the entire term of the License, Licensee shall provide the Town with a monthly or quarterly report summarizing the total number and nature of formal written complaints, including e-mail complaints, that describes the nature of the complaint, action taken, and final resolution.
Licensee must maintain a complete set of books and records, relevant to its obligations under the License, available for inspection upon fourteen (14) calendar days’ notice by the Town during normal business hours.
The Town Manager, as the authorized signatory, or designee, may request subscriber information from the Licensee to the extent permitted under the Cable Act (47 U.S.C. § 551) and such information must be made available at Licensee’s office in the Phoenix metropolitan area for inspection and copying in any format as requested by the Town under this Chapter. Public access to such information or inspection or the Town’s ability to withhold such information is subject to Arizona Revised Statutes and other applicable law.
Unless this requirement is waived, in writing, in whole or in part by the Town Manager or Town Council, the Licensee shall submit a written annual report to the Town, or prepare a report available for viewing by the Town Manager or designee. Information in this section may be subject to open records laws, unless otherwise designated as confidential and not to be disclosed. Non-disclosure shall be based on the statutory threshold for public information and proprietary information, and shall be marked as such by the Licensee. Licensee must file with the Town a report which includes:
- A current revenue statement showing the Gross Revenues by the Licensee during the preceding calendar year,
- The total number of current and new homes passed,
- The total number of current and new subscribers,
- Proposed growth areas,
- Service offerings by type and price, including all bundled and premium services,
- Responses to formal written complaints, malfunctions and service failures (the last three responses to formal complaints, malfunctions and service failures, are only required if more than ten (10) formal written complaints are received or if a response to a specific complaint is requested by the Town),
- A current list of officers and members of the Board of Directors or similar controlling body of the Licensee and any affiliates, reflecting any changes in ownership during the previous calendar quarter,
- A disclosure statement of all corporations, partnerships and/or other persons with more than a 5% (five percent) ownership interest in the Licensee, stating the nature of the ownership interests, reflecting any changes during the previous calendar year,
- Copy of current map showing areas of Town serviced by Licensee, clearly delineating streets and other boundaries of service;
- A current emergency contact and notification list including after-hour numbers for key staff,
- A summary update concerning emerging issues (such as Legislative issues) affecting or involving Services and Service delivery as identified by the Town, and
- Other information that the Town may reasonably request.
The Town may hold a minimum of three (3) formal performance evaluations in public hearing settings during the term of each License. The Town Manager may determine the times for the hearings and the issues that the Licensee must address in the hearings. Nothing in this section shall prohibit the Town Manager from conducting other performance evaluations and audits in non-public hearing settings as deemed necessary.
Town shall give Licensee at least 90 days written notice of its intention to enforce customer service standards found in Sections 19-19-5, 19-18-6, and 19-18-7.
Section 19-22-1 AmountSection 19-22-2 Notice And Opportunity To CureAny license issued by the Town shall provide for liquidated damages for a failure by Licensee to comply with the license. The amount(s) of liquidated damages shall be set forth in the license. Liquidated damages are in addition to any other remedy the Town may pursue at law.
Prior to imposition of liquidated damages, the Town Manager shall give written notice to licensee of licensee’s alleged failure to comply with the license, and may provide a reasonable opportunity to cure said violations if a cure has not already been affected. Within fifteen (15) days from receipt of said notice, Licensee may request a hearing with the Town Manager. Within thirty (30) days of receipt of such request, the Town Manager or his designee shall conduct a hearing and render a written decision as to whether the violations were satisfactorily cured, if no cure can be affected, whether a reasonable alternative remedy was affected, and/or whether liquidated damages are appropriate. Within fifteen (15) days of receipt of such decision, Licensee may appeal this decision to the Town Council which will conduct a hearing de novo. The decision may be appealed within thirty (30) days by any aggrieved party to superior court. The record on appeal shall include written and oral presentations made by each party at the hearing and any other information considered at the hearing. The court in its judgment may award the prevailing party reasonable attorneys fees, not to exceed $20,000.
Section 19-23-1 Notice Of ViolationSection 19-23-2 DefaultSection 19-23-3 Hearing Available To LicenseeSection 19-23-4 Appeal Of DefaultSection 19-23-5 RevocationSection 19-23-6 Jurisdiction And VenueThe Town shall provide Licensee with a detailed written notice of any License violation upon which it proposes to take action. The notice shall state that Licensee has ten (10) business days following the date of the Notice to: (1) demonstrate a violation does not exist or cure the alleged violation, or, (2) if the violation can not reasonably be cured within 10 business days, to initiate a reasonable plan of action to correct such violation (including a projected date by which it will be completed) and notify the Town of such plan of action.
If Licensee fails to disprove or correct the violation within ten (10) business days following the date of Notice of Violation or, in the case of a violation which cannot be corrected in 10 business days and Licensee has failed to notify the Town of the Licensee’s reasonable plan of corrective action and to correct the violation within the specified time frame, then the Town may declare the Licensee in default, which declaration must be in writing. In the event that the Town declares Licensee in default, the Town shall have the right to institute legal proceedings to collect damages from the date of declaration of default, or to exercise any other rights and remedies afforded to the Town in law or equity, provided, however, that the Town may institute revocation proceedings against Licensee only after declaration of default, pursuant to Section 19-23-5 Revocation and only on the grounds set forth therein.
Within fifteen (15) days after receipt of a written declaration of default from the Town, Licensee may request, in writing, a hearing before the Town Council. Such hearing shall be held within thirty (30) days of the receipt of the request therefore and a decision rendered within ten (10) days after the conclusion of the hearing. Any decision shall be in writing and shall be based upon written findings of fact. The decision may be appealed within thirty (30) days by any aggrieved party to superior court. Subject to the Town police powers that may require immediate cessation of Licensee operations to protect the public health, safety, welfare and property, Licensee may continue to operate until there is a final, non-appealable decision to revoke.
Licensee may appeal a declaration of default to a court of competent jurisdiction.
Subject to federal, state and local law, the Town may revoke the License for any material breach or repetitive breaches of the License. Prior to revocation, the Town Council will hold a public hearing on the issue of revocation, and then determine, by written resolution, whether or not to revoke the License based on the recommendations of the Town Manager, information presented at the public hearing, and other evidence in the record. Licensee shall be given notice and opportunity to appear at the hearing and present evidence. The decision may be appealed within thirty (30) days by any aggrieved party to superior court. Subject to the Town police powers that may require immediate cessation of Licensee operations to protect the public health, safety, welfare and property, Licensee may continue to operate until there is a final, non-appealable decision to revoke.
Any legal action, whether in law or equity, commenced by either party to the License, shall be commenced in the Superior Court of the State of Arizona, Maricopa County.
Section 19-24-1 BankruptcySection 19-24-2 ForeclosureSection 19-24-3 AbandonmentSection 19-24-4 Due ProcessThe Town may revoke this License one hundred and twenty (120) days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the Licensee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding, to the extent consistent with federal bankruptcy law.
In accordance with section 23(c), the Town may revoke this License if there is a foreclosure or other judicial sale of any of the facilities, equipment or property of Licensee, by serving notice on Licensee and the successful bidder at the sale. This License and all rights and privileges of this License will be revoked thirty (30) days after the Town serves notice under this subsection unless:
- The Town has approved a transfer of the License; and by the terms and conditions of the License; or
- The successful bidder has agreed with the Town to assume and be bound by the terms and conditions of the License.
The Town may revoke this License if Licensee abandons, terminates, or fails to operate or maintain service to its subscribers for a period of one hundred eighty (180) days. In this case, the Town may:
- Require the former Licensee to remove its facilities and equipment at the Licensee's or surety's expense, or at the expense of both, after determining that the Cable System cannot be economically maintained and operated;
- Acquire ownership of the Cable System, to the extent otherwise permitted by law, at fair market value on the recommendation of the Town Manager and with the approval of the Council; and
- After a public hearing, sell, assign, or transfer all or part of the assets of the Cable System abandoned by a Licensee for the best price offer obtainable. However, the legal, character, financial, technical, and other qualifications of the purchaser must meet Town approval.
A license may be terminated under this Article only after Licensee is afforded notice and hearing as provided for in Article 19-23.
- Licensee shall not be deemed in default of provisions of the License where performance was rendered impossible by acts of God, war, riots, civil disturbances, labor strikes, floods, or other circumstances beyond Licensee's reasonable control or not reasonably foreseeable, and the License shall not be revoked or Licensee penalized for such noncompliance, provided that Licensee takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with the License without unduly endangering the health or safety of Licensee's employees or the integrity of its property, or the health or safety of the public, or the integrity of rights-of-way, public property, or private property.
- With respect to any provision of this License or Chapter 19, the violation or noncompliance with which could result in the imposition of a financial penalty, forfeiture or any other sanction or enforcement procedure upon the Licensee, such violation or noncompliance will be excused if such violation or noncompliance is the result of an event of Force Majeure. The Licensee shall also be excused from performing any obligation to the extent such failure to perform is caused by a utility servicing or monitoring its utility poles, if any, to which the Licensee’s facilities are attached. Furthermore, the parties hereby agree that it is not the Town’s intention to subject the Licensee to penalties, fines, forfeiture or revocation of this License or the Ordinance for violations of this License Franchise or Chapter 19 where the violation was a good faith error that resulted in no or minimal negative impact on Subscribers.
If Licensee operates separate telecommunications services other than Cable Service over the Cable System, upon expiration, termination or revocation of this License for any reason, Licensee shall no longer provide Cable Service using the public rights-of-way or public easements in the Town. Licensee shall have a one-hundred eighty (180) day period thereafter to obtain from Town such licenses, permits or other approvals or agreements as may be lawfully required for Licensee to continue using the Cable System facilities for other telecommunications services. After such period, any right for the Cable System to be in public rights-of-way and public easements shall only be pursuant to such new licenses, permits or other approvals or agreements. Nothing herein shall be constructed to authorize Licensee to utilize the Cable System for anything over than Cable Services.
Both technology and the community are rapidly changing. As such, continuous modifications to the System may be required to incorporate new technology or improve services. The Town or Licensee may determine upon mutual agreement that a change in the terms of the License is required to meet the needs and interests of the community, that the System or License requirements should be updated, changed, or revised, or that additional services should be provided locally. Upon request of Town or Licensee, the parties shall meet and negotiate in good faith proposed changes necessary to meet the needs of the community. As such changes are acceptable to each party, an amendment to the License may occur.
It is unlawful for any person to solicit, accept, or offer any gift, favor, loan, service, promise, employment, or anything of value to a Town official or employee, or for a Town official or employee to solicit or accept anything of value, for the purpose of influencing the grant, modification, renewal, transfer, or any other matter affecting a License or the administration or enforcement of this Chapter. Licensee shall not offer gifts as defined herein to the Town, its employees or assigns.
Section 19-29-1 In GeneralSection 19-29-2 ApplicationSection 19-29-3 DecisionLicensee’s right, title, or interest under this License may not be sold, transferred, assigned or otherwise encumbered, other than to an entity controlling, controlled by, or under common control with the Licensee at the time the License is issued, without the prior consent of the Town. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title or interest of the Licensee in the License or Cable System in order to secure indebtedness.
An entity which seeks approval of a proposed transfer shall file an application for approval of that transfer no later than one hundred and twenty days (120) prior to the proposed effective date of the transfer. The application shall be accompanied by a fee as set forth in 19-6-2A.3. In making a determination to approve or disprove the application, the Town shall conduct an ascertainment process to consider the legal, financial and technical qualifications of the proposed transferee to operate the cable system in the same manner required by the Town for a renewal or new License, and within the guidelines established in federal law.
The Town shall have one hundred and twenty (120) days following the submission of the application for transfer to render a decision. At the discretion of the Town Manager, the Town shall conduct a public hearing (if necessary) and if the Town does not render a decision within one hundred and twenty (120) days, the transfer shall be deemed approved. Approval by the Town of a transfer of the License does not constitute a waiver or release of any of the rights of the Town under Town Code or the License Agreement, unless otherwise provided by law.
Section 19-30-1 Formal RenewalSection 19-30-2 Formal Renewal ProcessSection 19-30-3 Informal Renewal ProcessSection 19-30-4 Final DecisionSection 19-30-5 Events After Denial Of RenewalSection 19-30-6 AppealIf an existing Licensee initiates a formal License renewal process under 47 USC § 546 (a) through (g) of the Cable Act, the Licensee must notify the Town, at least thirty-six (36) months and no later than thirty (30) months before the License expiration date.
When the Town receives a notice from the Licensee, the Town shall take the following actions:
- The Town will not begin review of any renewal request unless all applications and fees have been paid. The future renewal of this License is not effective until the Licensee has followed the renewal process including submittal of a completed application and the payment of the renewal fee. The Town shall notify the Licensee of the current amount of the renewal fee and current procedures for renewal.
- The Town shall review and evaluate the future cable-related community needs and interests and the Licensee's past performance. The review and evaluation shall include opportunity for public comment.
- On completion of the review and evaluation, the Town shall notify the Licensee that it may file a renewal application. The notice shall specify the information to be included in the renewal application and the deadline for filing the application. The filing deadline shall not be earlier than thirty (30) days after the date of the notice. If the Licensee does not submit a renewal application by the specified date, the License may not be renewed under this subsection.
- The Town shall hold one or more public hearings on the renewal application when the application is received or provide some other procedure for public comment on the application.
- After the public hearing or comment period, the Town Manager shall recommend to the Council that it either:
- Renew the License, as written, subject to the existing terms of the License Agreement satisfactory to the Town and the Licensee;
- Renew the License, subject to new or amended terms of the License Agreement satisfactory to the Town and the Licensee; or
- Issue a preliminary decision that the License should not be renewed.
- Council action must be taken within four (4) months of the date of the renewal application notice to the Licensee.
- In considering a renewal application, the Town must consider whether:
- The cable operator has substantially complied with the material terms of the existing License and with applicable law;
- The quality of the cable operator's service, including signal quality, response to consumer complaints, and billing practices has been reasonable in light of community needs (but without regard to the mix or quality, of cable services or other services provided over the Cable System);
- The cable operator has the financial, legal, and technical ability to provide the services, facilities, and equipment in its proposal; and
- The cable operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting the needs and interests.
- If a preliminary decision is made that the License should not be renewed, at the request of the Licensee or on its own initiative, the Town must commence an administrative proceeding under 47 U.S.C. § 546 (c) of the Cable Act. Parties to the hearing and the public must have thirty (30) days after the recommended decision is issued to comment. The Town Manager must recommend that the Council grant or deny an application within thirty (30) calendar days after the deadline for receipt of comments if the request requires that formal procedures are followed.
If Licensee does not utilize the formal renewal process under the Cable Act, Licensee shall file an application for a license with the Town pursuant to section 19-5-1 at any time pursuant to 47 U.S.C. § 546(h), but at least six (6) months prior to expiration of the existing License. The Town must hold one or more public hearings or provide some other procedure for public comment on the proposal. After the public hearing or comment period, the Town Manager must recommend that the Council grant or deny the License renewal and the terms and conditions of any recommended renewal. A denial under this subsection shall not affect Licensee’s formal renewal rights under the Cable Act.
- Regardless of formal or informal procedures, the Council must hold a public hearing on all renewal applications. After the public hearing, the Council must consider all of the evidence, either grant or deny the renewal application by written resolution, and give the findings of fact and reasons for its determination in the resolution.
- The Council must hold a public hearing on the License Agreement prior to final Council action on the License.
- Subject to Article 19-26, if the Town denies the renewal of License, the Town may, on the recommendation of the Town Manager and with the approval of the Council and the Licensee, acquire ownership of the Cable System or transfer operation of the System to another company. Any acquisition or transfer under this subsection must be at fair market value, determined on the basis of the Cable System valued as a going concern.
- Subject to Article 19-26, if the Town does not renew License, and to the extent consistent with applicable law, the Town has the option of (a) purchasing the Cable System if agreeable to Licensee, (b) require the Licensee or surety to remove the facilities and equipment at the Licensee or surety’s expense, or (c) begin condemnation proceedings and permit the facilities to remain until ownership has been determined or bond surety collected.
- If any or all of the components of the Cable System in, on or above the Town’s rights-of-way are not removed within one year, the Cable System will be considered abandoned and becomes the property of the Town.
- Notwithstanding anything to the contrary in this License, Town shall not require the removal, sale or other disposition of the Cable System until any judicial or administrative appeal of the Town’s decision to revoke or not renew the License is final and non-appealable. Furthermore, if within thirty (30) days from said final decision Licensee commences and continues to make good faith efforts to sell its Cable System, Licensee shall have a period of one year from said final decision to transfer or sell its Cable System.
The Town Council’s decision to not renew may be appealed to superior court. Subject to the Town police powers that may require immediate cessation of Licensee operations to protect the public health, safety, welfare and property, Licensee may continue to operate until there is a final, non-appealable decision to not renew.
If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The invalidity of any portion of the Chapter shall not abate, reduce or otherwise affect any consideration or other obligation required of the licensee or any license granted hereunder.
ARTICLE 19B-1 GENERAL PROVISIONSARTICLE 19B-2 UNIFORM VIDEO SERVICE LICENSESARTICLE 19B-3 DUTIES OF VIDEO SERVICE PROVIDERSARTICLE 19B-4 FEES AND CHARGES; IN-KIND GOODS OR SERVICESARTICLE 19B-5 MISCELLANEOUSARTICLE 19B-6 ENFORCEMENT
(Ordinance 1202 11/19)
HISTORY
Adopted by Ord. 1202 on 11/4/2019
Section 19B-1-1 Purpose And IntentSection 19B-1-2 DefinitionsSection 19B-1-3 Unlawful Acts; ViolationThe purposes of this chapter are to comply with the requirements of Arizona Revised Statutes Title 9, Chapter 13 and federal law and to set forth regulations for the application by video service providers for uniform video services licenses for the provision of video services and other authorized services in the town, to provide for issuance of uniform video services licenses in accordance with law, to provide for imposition of non-discriminatory license fees, and to otherwise carry out the mandates of Arizona Revised Statutes Title 9, Chapter 13 and federal law. It is the intent of this chapter that all rights and obligations set forth in Arizona Revised Statutes Title 9, Chapter 13 are preserved and shall apply, irrespective of whether specifically set forth in this chapter.
The definitions set forth in A.R.S. Section 9-1401 shall apply to this chapter.
- It is unlawful for a video service provider to establish, operate or to carry on the business of video service in the town without first having been issued and continuing to hold a local license issued pursuant to this chapter.
- It is unlawful for any video service provider to construct, operate or maintain a video service network within the boundaries of the town without first having been issued and continuing to hold a local license issued by the town pursuant to this chapter.
- It is unlawful for any person to make any unauthorized connections, whether physically, electrically, acoustically, inductively or otherwise, with any part of a licensed video service network within the town for the purpose of enabling himself or herself or others to receive any video service without the permission of the video service provider to whom a local license has been issued.
- It shall be unlawful for any person, without the consent of a licensee, to willfully tamper with, remove or injure any equipment associated with a video service network of a video service provider.
Section 19B-2-1 Application And IssuanceSection 19B-2-2 Authority GrantedSection 19B-2-3 Undergrounding Of FacilitiesSection 19B-2-4 Limitations Of LicenseSection 19B-2-5 Obligations Upon Expiration- This section shall not apply to incumbent cable operators who have elected to continue to operate within a service area as defined in its existing local license with the town. The requirements of this section shall apply to video services licenses granted on or after January 1, 2020.
- Prior to the commencement of any construction or expansion of a video service network or the provision of any video service, a video service provider shall file with the town clerk an application and an affidavit in a form provided by the town clerk. The application shall be in the form of application approved by the council and shall include all information and not more than the information required by the application form and Arizona Revised Statutes Section 9-1414.
- The application shall be accompanied by an affidavit in the form approved by the council signed by one of the principal executive officers or general partners of the applicant that the information set forth in the application are true and accurate.
- The application and affidavit shall be submitted to the town clerk, who shall forward the application and affidavit to the town Community Development and Neighborhood Services Department for review.
- If the Community Development and Neighborhood Services Department determines that the application and affidavit are incomplete or otherwise deficient under Arizona Revised Statute Section 9-1414, written notice shall be given to the applicant not later than fifteen days after the date of filing of the application and affidavit. The written notice shall:
- Explain the incompleteness or deficiency in detail.
- Specify the information or other items that are necessary for proper completion of the application and affidavit.
- A uniform video services license shall be issued within thirty days from the date a complete application was filed with the town clerk. The term of a uniform video services license shall not exceed ten years.
- If written notice of an incomplete or deficient application and affidavit is not given within fifteen days after the date of filing, or if the uniform video services license is not issued within thirty days from the date a complete application has been submitted, the agreement shall be deemed complete and issued to the applicant in the form submitted.
- No fees shall be charged for filing or processing an application, affidavit, notice or other document related to the issuance of the uniform video services licenses.
- Amendments to a uniform video services license to add service areas shall be processed in the same manner as the original uniform video services license.
- The term of a uniform video services license may be extended by the holder of a video service provider filing with the town clerk a notice to extend the term for a specified period not to exceed ten years. The notice shall be filed at least one month before the end of the term of the uniform video services license.
- Any use of or attachment by a video service provider to a utility or other pole owned by the town must first be approved in a separate contract with the town, at the sole discretion of the town council. If, pursuant to such contract, the town requires the video service provider to locate facilities in ducts or conduits or on poles owned by the town, the town shall not require the video service provider to pay for the installation in the ducts or conduits or on the poles.
- If a video services provider submits an application, the town shall issue to a video service provider or its affiliate a permit to attach allowed Wi-Fi radio equipment to the video service network in the highways. The permit shall allow installation, operation and maintenance of allowed Wi-Fi radio equipment. The town may require that all of the allowed Wi-Fi radio equipment at a single location fit within a fifteen-inch cube and be contained entirely within a ground-mounted pedestal or be connected directly to and mounted at the same height as one of the video service provider's aerial horizontal conductors. This subsection does not do any of the following:
- Prohibit the town from requiring a video service provider to place underground aerial facilities to which allowed Wi-Fi equipment is attached.
- Prohibit the imposition of a tax, rent, fee or charge on revenue from services provided through allowed Wi-Fi radio equipment.
- Affect the authority of the town to manage its highways or to exercise its police powers, including review and approval of an application before issuing a permit.
- Affect the town’s authority to deny, limit, restrict or determine the terms and conditions for the use of or attachment to the utility poles or attachments to other poles of the town by a video service provider.
A uniform video services license granted by the town shall authorize the video service provider to
- Provide video service in the town in the service area designated in the application and affidavit during the term of the uniform video services license.
- Construct and operate a video service network in the highways in each service area, in compliance with the uniform video services license and town laws.
- Operate and maintain facilities installed in the highways in the service area pursuant to A.R.S. Section 9-1442(H) and (J), subsection I and J [Wi-Fi radio equipment on cable systems], A.R.S. Section 9-584 [microcell equipment] and A.R.S., Chapter 5, Article 8 [small wireless facilities].
All wires, cable, conductors, ducts, conduits and similar facilities shall be placed underground unless such facilities are attached to existing utility or telephone poles and the poles are used primarily for utility or telephone purpose.
- Any uniform video services license granted under this chapter shall be nonexclusive.
- Any privilege claimed under any uniform video services license by the video service provider in any highway shall be subordinate to any lawful occupancy or use thereof by the town and shall be subordinate to any prior easements, prior licenses to use the highways, and any other private property rights that may be superior to the uniform video services license issued.
- A video service provider shall be subject to all existing requirements of the town’s rules, regulations and specifications or hereafter enacted or established pursuant to the town’s police powers and taxing authority, and shall comply with all applicable existing state and federal laws and regulations or hereafter enacted or established.
- Any uniform video services license granted shall not relieve the video service provider of any obligation involved in obtaining pole space from any department of the town, utility company, or from others lawfully maintaining poles in highway.
- A video service provider shall agree to comply with all generally applicable nondiscriminatory ordinances, including but not limited to street or highway use, mapping, insurance, performance bonds, security fund, indemnification or similar requirements that apply to the use and occupation of any highway. There is hereby preserved to the town the power to amend any section of the town Code related to construction in highways pursuant to its police powers.
A video service provider may terminate a uniform video service license by filing a written notice of termination with the town clerk. Such notice shall be filed at least ninety days before termination of service. The notice shall also be sent to all subscribers within the affected service area at least ninety days prior to termination of service.
Section 19B-3-1 Construction In The HighwaysSection 19B-3-2 Revocation For Non-Use Of Uniform Video Service LicenseSection 19B-3-3 ReportsSection 19B-3-4 Bundling Of ServicesSection 19B-3-5 Notice Of Change Of InformationVideo service providers and their subcontractors shall comply with (i) the requirements of this chapter and Chapter 14, 19-10 and 8-3, (ii) construction standards of the Federal Communications Commission (FCC) Rules and Regulations, Part 76 Subpart K (Technical Standards), as amended from time to time, and (iii) detailed standards submitted by the video service provider as part of any application submitted to the town.
A video service provider shall provide video service to at least one subscriber within each service area authorized by a uniform video service license within twenty-four months after the date the uniform video service license is issued. If the video service provider fails to comply with this section, the town may revoke the uniform video service license.
A video service provider shall file all reports required by and in compliance with A.R.S. Section 9-1432. The reports shall be filed with the town clerk. All such reports shall be confidential unless the video service provider has consented in writing to the disclosure.
Except as otherwise provided by federal law, if a video service provider offers video service bundled with other services that are not video service for a single discounted price, all of the following apply:
- The method that the video service provider uses to determine gross revenue subject to license fees by allocating the single discounted price among the bundle of video service and nonvideo services shall be reasonable and supported by the video service provider's books and records.
- For the purpose of meeting the video service provider's burden of proof, the town shall accept as reasonable, for purposes of meeting the video service provider’s burden of proof, an allocation based on an objective and verifiable method using the books and records that the video service provider kept in the regular course of business for other purposes, including nontax purposes.
- A video service provider may not use bundled offerings as a means to evade paying license fees.
If any information required by Section 19B-2-1, paragraph B changes, the video service provider shall notify the town in writing within thirty days of such change.
Section 19B-4-1 License Fee On Gross Revenue; Transaction Privilege TaxesSection 19B-4-2 Public, Educational Or Governmental Access Programming- A video service provider shall pay to the town a license fee as a percentage of gross revenues for the use of the highways to provide video service within its service area. The license fee shall be established by resolution of the town council and shall be imposed equally and uniformly on video service providers and holdover cable operators.
- The license fee shall be paid quarterly on or before the twentieth day of the month following the quarter end, and becomes delinquent on the last business day of that month. If such payment is not made by the next to the last business day of the following month, the town will impose a rate of interest for both underpayments and overpayments in the amount of the federal short-term rate determined pursuant to 26 United States Code section 6621(b), plus three percentage points per month commencing from the date payment should have been made, unless the payment is subject to a bona fide dispute, and continuing until the payment is made. Fractions of a month shall be considered to constitute a full month for the purpose of computing interest.
- The license fee shall be imposed equally and uniformly on all video service providers and holdover cable operators.
- The total of the rates of the license fee, the transaction privilege taxes imposed and in-kind contributions described in FCC Rule 19-80, Section 76-42 (unless agreed to in a separate agreement) shall not exceed a rate of five percent.
- The payment of the license fee by the licensee to the town shall be made by delivery of the same to the town Finance Department on or before the twentieth day of the month following the quarter end, and becomes delinquent on the last business day of that month.
- Delinquent accounts shall accrue interest at the rate of the federal short-term rate determined pursuant to 26 United States Code Section 6621(b), plus three percentage points.
- Video service providers shall provide channel capacity to transmit programming over which the video service provider exercises no editorial control except as authorized by 47 United States Code § 531I. The channel capacity shall be limited to one of the following:
- Not more than two channels of public, educational or governmental access programming in the basic service tier of the video service network and not more than two channels of noncommercial governmental programming, at least one of which may be programmed by the federal government, in the digital programming tier of the video service network.
- Not more than two lines of access programming with each line of programming carried on up to two standard definition channels and two switched digital high-definition channels.
- None of the annual fair market value of any channel capacity provided pursuant to Paragraph A above may be offset against the license fee set forth in Section 19B-4-1.
- A video service provider may require that channels regularly display an unobtrusive logo or other suitable identifier of the video service provider, if the town requires channel capacity pursuant to this section.
- A video service provider shall pay all costs and expenses to provide, maintain and operate facilities and equipment of the video service network, including facilities and equipment for signal carriage, processing, reformatting and interconnection for all of the following: (i) to connect the video service network or cable system, as it may be relocated from time to time, to transmit programming to and from existing locations of public, educational or governmental access facilities and to allow monitoring of access programming at the facilities, and (ii) to transmit public, educational and governmental access channels to subscribers with the same prevailing quality, functionality and identification as other channels. Costs other than capital costs incurred by the video service provider are subject to FCC Rule 19-80, Section 76-42.
- All video service providers and incumbent cable operators shall provide at no initial or recurring charge the basic service tier of video service to one outlet and one receiving device at each building occupied by the town that is not more than two hundred feet from the nearest technically and commercially feasible point of connection on the video service network. The town shall designate the building in writing to the video service provider. Costs incurred by the video service provider or incumbent cable operator are subject to FCC Rule 19-80, Section 76-42.
- The town shall notify in a timely manner each video service provider with a uniform video services license in the town of changes to the boundaries of the town.
- Audits, including audits of bundled services, of a video services provider’s books and records shall be conducted in compliance with A.R.S. Section 9-1445.
- Except as otherwise provided by law or federal regulation, a uniform video service license is fully transferable to any person whether the transfer arises through merger, sale, assignment, restructuring, change of control or other type of transaction. A transfer does not include an assignment of a uniform video service license for the purpose of securing indebtedness. A transfer may include less than all service areas associated with a uniform video service license. The video service provider shall file with the town clerk written notice of the transfer of the uniform video service license. On the filing of notice under this subsection the transferee becomes the holder of the uniform video service license.
- Enforcement of this chapter shall be in compliance with A.R.S. Section 9-1451.
- A uniform video services license is subject to and shall be governed by all applicable provisions of federal, state and local law. Notwithstanding any other provisions of the uniform video services license to the contrary, the uniform video services license shall at all times comply with all laws and regulations of the state and federal government or any administrative agencies thereof; provided, however, if any such state or federal law or regulations shall require the licensee to perform any service, or shall permit the licensee to perform any service, or shall prohibit the licensee from performing any service, in conflict with the terms of the license or this chapter, then as soon as possible following knowledge thereof, the licensee shall notify the town attorney of the point of conflict believed to exist between such regulation or law and this chapter or the license.
The requirements of this chapter shall be enforced through the procedures set forth in Arizona Revised Statutes Section 9-1451.
ARTICLE 20-1 DEFINITIONSARTICLE 20-2 FOREST PLANARTICLE 20-3 TOWN FORESTERARTICLE 20-4 TREE REQUIREMENTSARTICLE 20-5 INTERFERENCE WITH TOWN TREE BOARDFor the purposes of this chapter, the following words and phrases shall have the following meanings:
- “Forest Plan” shall mean the Wickenburg Community Forest Plan adopted by the town council.
- “Park Trees” shall mean trees, shrubs, bushes and all other woody vegetation in public parks, or to which the public has free access as a park, and all areas owned by the town other than rights-of-way.
- “Street Trees” shall mean trees, shrubs, bushes and all other woody vegetation on public lands lying within the rights-of-way of all streets, avenues, boulevards, roads or ways within the town.
Section 20-2-1 Adoption Of Forest PlanSection 20-2-2 Compliance With Forest Plan RequiredThe town’s Tree Board USA shall recommend to the town council a forest plan. Upon receipt of the recommendation of the Tree Board USA, the town council shall adopt a forest plan which contains the type of trees which may be planted upon town streets and in parks and requirements for the care of such trees.
All street trees and park trees shall be planted and maintained in compliance with the forest plan.
Section 20-3-1 Designation Of Town ForesterSection 20-3-2 Duties And Responsibilities Of Town ForesterThe Director of Parks, Recreation and Facilities is hereby designated as town forester.
It shall be the responsibility of the town forester to administer the forest plan and to annually make recommendations to the Tree Board USA for any modifications which may be needed to the forest plan.
Section 20-4-1 PlantingSection 20-4-2 Prohibited PlantingSection 20-4-3 Public Tree CareSection 20-4-4 Posting Of Signs, Reflectors, Numbers Or LettersSection 20-4-5 Tree Removal On Public PropertyStreet trees shall conform to the forest plan. No species other than those included in the forest plan may be planted as street trees or park trees without approval of the town tree board. The Tree Board USA may authorize exceptions to forest plan where it determines compliance is not feasible or in the best interest of the town.
It has been determined that olive trees produce large amounts of allergenic wind- borne pollens which are noxious and contribute to human diseases. Therefore, it shall be unlawful to plant within the town limits, the following species of trees:
Common Name
| Botanical Name
|
| Olive* | Oliea Europa |
(The Council has identified mulberry trees as one they like)
*Olive trees which are pollenless and fruitless such as “Swan Hill Olive” may be planted.
The town shall have the right to plant, prune, maintain, and remove all street trees and park trees as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of public grounds. The town Tree Board USA may remove or cause or order to be removed, any tree or part thereof, which is in an unsafe condition or which is injurious to sewers, sidewalks, electric power lines, gas lines, water lines, or other public improvements, or is infected with any injurious insect, pest or disease. This section does not prohibit the planting of street trees by adjacent property owners provided that the selection and location of such trees is in accordance with the forest plan and this chapter.
It shall be unlawful for any person to nail, or affix by stapling, gluing, or other manner any sign, reflector, number or letter to any street tree or park tree within the town limits.
No person shall remove or otherwise disturb any tree on any town-owned property without first obtaining written consent of the town forester. The person receiving permission shall abide by the forest plan.
It shall be unlawful to prevent, delay or interfere with town personnel, the town Tree Board USA, the town forester or any of their agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees, or trees, as authorized in this chapter.
The fee schedule for Fiscal Year 2026-27 is available on the town website by clicking in the link.
The Tax Code for the Town of Wickenburg is available by clicking on this link.