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Home My WebLink AboutPackets - Council Packets (1318) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION FEBRUARY 11, 2002 MAGISTRATE COURT BUILDING 11,000 N. LA CANADA DRIVE STUDY SESSION — AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL 1. Discussion regarding the Implementation Plan for Appointments to Boards and Commissions 2. Discussion regarding the proposed Amendments to Criminal Code 3. Discussion regarding the State Land Comment Letter (Pima County Application for Preserve Initiative) ADJOURNMENT The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Oro Valley Town Clerk, at 229-4700. Posted: 02/08/02 4:30 p.m. lh TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: February 11, 2002 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Chuck Sweet, Town Manager SUBJ: BOARD AND COMMISSION APPOINTMENTS SUMMARY: Duringthe December 19 Regular Town Council Meeting, the Town Council requested that staff developan implementation plan for each Board and Commission, such that the membership is ultimately appointed by each Council Member with the appointees' terms to be coterminous with the Council Members' terms. Currently, the Town of Oro Valley has 14 boards or commissions and 2 task forces. (This number does not include any sub-committees formed off of an original committee.) Of the members on these Boards and Commissions, twenty-three of their terms will expire this year. While researching this item, staff contacted the City of Tucson and obtained information on their appointment processes (see attached Exhibit "B"). Please note that Tucson, beinga charter government, versus a general law city with an established ward system, does have city council member appointees who serve the same term as the council member. However after contacting the League of Arizona Cities and Towns regarding this item Cathy Connolly, Executive Director, indicated that to have individuals as appointees of a specific council member is, in fact, unusual, and not common practice for general law cities and towns. However, should the Council desire to pursue this appointment process there are several scenarios which the Council could consider: 1. Council makes Board/Commission appointments by lottery to initiate the process. i.e. Council would draw specific terms of existing Board/Commission members (applies to either five or seven member boards). Staff did not provide scenarios for this type of appointment; 2. Using the scenarios on Exhibit A, each Council Member would have one appointment for those Boards/Commissions whose membership total five; 3. Council appoints Board/Commission term using the scenario on Exhibit A (or a variation thereof) for those Boards/Commissions whose membership total seven. Below are several options for a five-member Council to appoint a seven member board: a. The Mayor would have two board appointments, the remaining Council Members would each have one, and the Manager would have one; b. The Mayor would have two board appointments and Council Member A (term expiring 2006) would have two appointments; c. The Mayor would have two board appointments and the Council would choose by lottery and/or rotate who would have two board appointments. In any of the above scenarios, if the Council were to adopt this procedure, it is strongly recommended that language be added stating that Board and Commission terms be fourY ear terms, coterminous with the appointing official. Additionally, the Town Code would need to be amended to state that Board & Commission appointments would be made by specific Council Members. Regarding, the Grievance Review Board, due to the fact that the employee members of this Board are elected by fellow employees, and the two citizen representatives are required to have extensive human resources/conflict resolution or mediation experience, staff recommends that Council leave this selection process as is. Following review and evaluation of this procedure, many unanswered questions remain for which staff would request direction from the Council. Examples are as follows: • Board/Commission member resigns with less than one year on his/her term. How difficult would it be to replace that member, knowing that his/her term would be less than one year and that he/she may not serve again? • Does the board member have any guarantee that he/she would not be replaced due to his coterminous council member's resignation/removal/death? • Would staff continue to use Board/Commission application forms? Would Council continue to draw from the pool of applications? • Does the Council want to adopt term limits for Board and Commission members? Using the current interview selection process, candidates are selected based upon their qualifications and ability to represent the Town in a fair and impartial manner. Therefore, it is important to note that staff feels strongly that the process of Council coterminous appointment of Board and Commission Members would be a politically- charged process whereby the most qualified individual would, perhaps, not receive the appointment. Additionally, staff is concerned with the amount of time that would be necessary to administer such a process. MANAGER'S RECOMMENDATION Following review and research of the above, I am respectfully requesting that this item bep laced on the Council's next regular agenda for action to implement term limits on Board and Commission members as recommended by the Government Review Task Force, and to continue with the current selection and appointment process for Boards and Commissions appointments. ATTACHMENTS: List of current Board & Commission Members & Terms Exhibit "A" - Appointment Scenarios Exhibit "B" - City of Tucson Board/Commission Infor •.tion / ar/i /_411 Chuck Swee own Manager TOWN COUNCIL NAME TERM TITLE TOWN COUNCIL Paul Loomis May-02 Mayor Richard Johnson May-04 Vice Mayor Francis LaSala May-02 Council Member Bart Rochman May-04 Council Member Werner Wolff May-04 Council Member TOV BOARDS AND COMMISSIONS NAME TERM TITLE PLANNING COMMISSION Bill Moody 9/13/00-6130/02 Chair Martha Briggs 9/13/00-6/30/02 Vice-Chair William Matsukado 9/13/00-6/30/02 Commissioner Dean McCook 7/1/01-6/30/03 Commissioner Don Cox 7/1/01-6/30/03 Commissioner Ken Kinared 7/1/01-6/30/03 Commissioner Robert Krenkowitz 7/1/01-6/30/03 Commissioner DEVELOPMENT REVIEW BOARD James Vogelsberg 6/21/00-6/30/02 Chair Nancy Mager 7/1/01-6/30/03 Member Al Kunisch 7/1/01-6/30/03 Member Vincent Baiocchetti 6/21/00-6/30/02 Member Barbara Bell 6/21/00-6/30/02 Member Richard Underwood 7/1/01-6/30/03 Member Jeff Weatherford 6/21/00-6/30/02 Member BOARD OF ADJUSTMENT Henry Suozzi 11/1/00-6/30/02 Chair Bill Adler 9/1/01-6/30/03 Vice-Chair Bart Schannep 11/7/01-6/30/02 Member Lyra Done 9/1/01-6/30/03 Member Cindy Lewis 10/4/00-6/30/02 Member GRIEVANCE REVIEW BOARD Ethel Rocco 1/1/02-12/31/03 Chair Jack Redavid 1/1/02-12/31/03 Citizen Member Steve Faaborg 1/1/01-12/31/02 Emp Member Roxana Garrity 1/1/01-12/31/02 Emp Member Lorinda Navarro 1/1/01-12/31/02 Emp Member PARKS AND RECREATION ADVISORY BOARD Doug White 10/18/00-5/31/02 Chair Mark Brosseau 10/18/00-5/31/02 Vice-Chair Jo Terry Sinding 6/20/01-5/31/03 Member Mike Wilson 6/20/01-5/31/03 Member Joel Brault 6/20/01-5/31/03 Member Jennifer Fuchs 11/15/00-5/31/02 Member John Russell 11/15/00-5/31/02 Member BUDGET AND BOND COMMITTEE Robert Schlichting 6/7/00-6/30/02 Chair Tom Polley 6/7/00-6/30/02 Vice-Chair Lyra Done 7/1/01-6/30/02 Member Honey Pivirotto 7/1/01-6/30/03 Member Andrew Masterman 7/1/01-6/30/03 Member MUNICIPAL PROPERTY CORPORATION BOARD OF DIRECTORS Steve Lucas 12/1/01-9/30/04 President Bob Horn 2/7/01-11/30/03 Secretary Thomas Vetrano 12/1/01-9/30/04 Treasurer INDUSTRIAL DEVELOPMENT AUTHORITY A Lauren Rhude 9/20/00-9/30/06 President Sidney Felker 9/20/00-9/30/04 Vice-President Richard Burris 9/20/00-9/30/02 Sec'y/Treas PUBLIC ART REVIEW COMMITTEE Harriet Hough Member David Grigsby Member Gigi Miller Member WATER UTILITY COMMISSION John Dohogne(Out of TOV) 9/1/99-6/30/02 Member Mike Caporaso (Tech-TOV) 10/4/00-6/30/03 Chair Leo Leonhart(Commercial) 9/1/99-6/30/02 Vice-Chair LaQuita Stec(Citizen) 3/15/00-6/30/02 Member Jennifer Gillaspie(Tech-TOV) 8/20/01-6/30/04 Member Gordon Byrnes(Turf) 8/20/01-6/30/04 Member Gregg Forszt(At-Large) 10/4/00-6/30/03 Member PIMA COUNTY FLOOD CONTROL DISTRICT ADVISORY BOARD Nick Bokaie Jim Hossley Alternate NARANJA TOWN SITE MASTER PLAN EXECUTIVE COMMITTEE Don Chatfield Member Lyra Done Member Kit Donley Member Bonnie Haymore Member John Wickham Member Brent Sinclair Project Manager TASK FORCE Brent Sinclair Comm.Dev.Director Bill Jansen Town Engineer Danny Sharp Police Chief Ainsley Reeder Parks&Rec Administrator Mark Brosseau Parks&Rec Advisory Board Member Richard Eggerding GOVAC Member Bill Moody P&Z Commission Member Nancy Mager DRB Member Bob SchlichtingBudget&Bond Committee Member Dennis Lindblad Monterra Knolls Resident Colleen Wampler Monterra Hills Resident Stan Weintraub Citizen-at-Large Crissie Rowley Copper Creek Resident Pam Cleveland Monte Del Oro Resident Diana Walker Copper Creek School Official Donna KelleyCopper Creek School Official(alt.) GENERAL PLAN UPDATE TECHNICAL ADVISORY COMMITTEE Jim Mazzocco/Ben Changkakoti Pima County Development Services Dennis Cady Pinal County Planning Department Joel Shapiro Town of Marana Jack Siry City of Tucson Kenneth Conrad Catalina Council Andy Gunning Pima Association of Governments Gordon Taylor/Katherine Williams Arizona State Land Department Debra Sydenham Arizona Department of Commerce Sherry Barrett U.S.Fish and Wildlife Service Mike Borens U.S.Forest Service,Coronado Nat. Forest TBD U.S.National Park Service Sherry Ruther Arizona Game&Fish TBD Amphitheater School District TBD Fire Marshall Barbara Becker U of A School of Planning Bob Kovitz Oro Valley Town Manager Department Alan Forrest Oro Valley Water Utility Department Martin Roush Oro Valley Public Works Department Jeff Weir Oro Valley Economic Development Ainsley Reeder Oro Valley Parks&Rec Chuck Trujillo Oro Valley Police Department Brent Sinclair Oro Valley Community Development STEERING COMMITTEE Andrew Shedlock Youth Representative,CDO High School Tom Bush Disability Community Carol Clark Citizen at large Don Cox P&Z Commission Appointee Alan Dankwerth Citizen at large Jeff Dauenhauer Youth Rep., Ironwood High School Dick Eggerding Greater Oro Valley Arts Council Mary Glueck Mayor Loomis Appointee David Koford Health Care Community Alfred Kunisch DRB Appointee John Neis Council Member Johnson Appointee Karen Rogers Council Member Wolff Appointee Steve Ruble Alternate Citizen at Large Eric Shoberg Southern Arizona Homebuilders Assoc. Pat Spoerl Citizen at large Charles Walton Senior Representative Andrew Way Northwest Chamber of Commerce Allen Weinstein Council Member Rochman Appointee Mike Wilson Parks&Rec Adv. Board Appointee Joe Winfield Vice-Mayor LaSala Appointee Allen Wright Oro Valley Neighborhood Coalition STORM WATER UTILITY COMMISSION Thomas Waddell 10/3/01-10/3/02 Chairman Nick Bokaie 10/3/01-10/3/02 Vice-Chairman Leann O'Brian 10/3/01-10/3/03 Member Richard Hawkinson 10/3/01-10/3/03 Member Ralph Stein 10/3/01-10/3/03 Member TRANSIT TASK FORCE Tom Bozich Member Betty Goldberg Member Mike Skilsky Member Gregg Forzst Member Diane Seifried Member Larry Howell Member Ron Gonzales Member Chuck Walton Member Jerry Bustamante Member Carol Ellis Member Bill Matsukado Member John Russell Member Aimee Ramsey Member Nate Peterson Member Dick lzen Member Robyn Hamilton Member TRAILS TASK FORCE Bill Adler 8/15/01-12/31/01 Member Karen Baker 8/15/01-12/31/01 Member Stanley Bingham 8/15/01-12/31/01 Member Charles LeForge 8/15/01-12/31/01 Member Rosemary Minter 8/15/01-12/31/01 Member Sally Sanders 8/15/01-12/31/01 Member Joseph Winfield 8/15/01-12/31/01 Member Jo Terry Sinding 8/15/01-12/31/01 Member EXHIBIT "A" Planning & Zoning Seat#1 Seat#2 Seat#3 Seat#4 Seat#5 Seat#6 Seat#7 Term Term Term Term Term Term Term expires 6/02 expires 6/02 expiresexpires 6/02 6/03 expires 6/03 expires 6/03 _ expires 6/03 SCENARIO 1 Mayor term expiring'06 appoints seat#4-in 03 for two year term and in 05 for one xp g year appoints seat#5—in 03 for two year term and in'05 for one year Vice Mayor term expiring'04 appoints seat#1—in 02 for two year term Council Member A—term expiring '06 appoints seat#6—in 03 for two year term and in 05 for on year Council Member B--term expiring'04 appoints seat#2 in 02 for two year term Council Member C—term expiring'04 appoints seat#3 in 02 for two year term Manager appoints seat#7 in 2003 for two year term SCENARIO 1 term Mayor expiring'06 appoints seat#4-in 03 for two year term and in 05 for one y � g year appoints seat#5—in 03 for two year term and in'05 for one year Vice-Mayor term expiring'04 appoints seat#1 —in 02 for two year term Council Member A—term expiring'06 appoints seat#6—in 03 for two year term and in 05 for one year appoints seat#7 in 2003 for two year term and in'05 for one year Council Member B—term expiring'04 appoints seat#2 in 02 for two year term Council Member C—term expiring'04 appoints seat#3 in 02 for two year term Development Review Board Seat#4 Seat#5 Seat#1 Seat#2 Seat#3Seat#6 Seat#7 Term Term Term Term Term Term Term expires 6/02 .fres 6/03 expo 6/03 ti expires 603 expires 6102. expires 6/02 expires 6/02 SCENARIO 1 again in 04 Mayor term expiring'06 appoints seat#1—in 02 and appoints seat#5 in 03 for two years and in'05 for one year Vice Mayor term expiring'04 #2 in 02 for 2 year term Council Member A—term expiring '06 appoints seat #6 in 03 and again in'05 for one year Council Member B—term expiring'04 appoints seat#3 in 02 for two year term Council Member C—term expiring'04 appoints seat#4 in 02 for two year term Manager appoints seat#7 in 2003 for two year term SCENARIO 2 again in 04 Mayor term expiring'06 appoints seat#1_in 02 and a g appoints seat#5 in 03 for two year term and in'05 for one year Vice-Mayor term expiring'04 #2 in 02 for 2 year term Council Member A—term expiring '06 appoints seat #6 in 03 and again in'05 for one year appoints seat#7 in 2003 for two year term and in'05 for one year Council Member B—term expiring'04 appoints seat#3 in 02 for two year term Council Member C—term expiring'04 appoints seat#4 in 02 for two year term Board of Adjustment #1 Seat#2 Seat#3 Seat#4 t Seat expires 6/03 Term expires6/02 Term expires6/03 Term Term.expires 6/02 Term expires 6/02 Mayor term expiring'06 appoints seat#4 in'03 for two years and in'05 for one year Vice-Mayor term expiring'04 appoints seat#1 in 02 for two years Council Member A—term expiring '06 appoints seat#5 in'03 for two years and in'05 for one year Council Member B—term expiring'04 appoints seat#2 in 02 for two years Council Member C—term expiring'04 appoints seat#3 in 02 for two years Parks and Recreation #3 Seat#4 Seat#5 Seat#6 Seat Seat#� Seat#2 Seat Term Term Term Term Term Tenn Term 0 expires A 5/02 expires 5/03 _ expires 5/03 expires 5/03 expires 5/02 expires.5/02 expires 5/ 2 SCENARIO 1 in 04 Mayor term expiring'06 appoints seat#1—in 02 and again appoints seat#5 in 03 for two years and in'05 for one year Vice-Mayor term expiring'04 #2 in 02 for two year term Council Member A—term expiring'06 appoints seat #6 in 03 and again in'05 for one year Council Member B—term expiring'04 appoints seat#3 in 02 for two year term Council Member C—term expiring'04 appoints seat#4 in 02 for two year term Manager appoints seat#7 in 2003 for two year term SCENARIO 2 Mayor term expiring'06 appoints seat#1—in 02 and again in 04 y � appoints seat#5 in 03 for two year term and in'05 for one year Vice-Mayor term expiring'04 #2 in 02 for two year term Council Member A—term expiring'06 appoints seat #6 in 03 and again in'05 for one year appoints seat#7 in 2003 for two year term and in'05 for one year Council Member B—term expiring'04 appoints seat#3 in 02 for two year term Council Member C—term expiring'04 appoints seat#4 in 02 for two year term Water Utility x. . ' leat#7 Seat#3 Seat#4 Seat#5 t Seat#1 Seat#2 Term Term Term Term Term Term Term �44 03 expires _. _,._ ... expires 02 expires 02 expires 02 s 03 xp e �. ._ xp SCENARIO 1 Mayor term expiring '06 appoints seat#5-in 03 for two year term and in 05 for one year appoints seat#6—in 04 for two year term Vice-Mayor term expiring'04 appoints seat#1—in 02 for 2 year term Council Member A—term expiring'06 appoints seat#4—in 03 for two year term and in 05 for one xp g year Council Member B—term expiring'04 appoints seat#2 in 02 for two year term Council Member C—term expiring'04 appoints seat#3 in 02 for two year term Manager appoints seat#7 in 2004 for two year term SCENARIO 2 Mayor term expiring 06 appoints seat#5-in 03 for two year term and in 05 for one year appoints seat#6—in 04 for two year term Vice-Mayor term expiring'04 appoints seat#1—in 02 for 2 year term Council Member expiring A—term a iris '06 appoints seat#4—in 03 for two year term and in 05 for one year appoints seat#7 in 2004 for two year term Council Member B—term expiring'04 appoints seat#2 in 02 for two year term Council Member C—term expiring'04 appoints seat#3 in 02 for two year term Stormwater Utility Commission Seat#1 Seat #3 Seat#4 Seat#5#2 Seat Term e Term expires Term expires Term expires expires Term expires 10/02 10/02 10f03 10/03 10/03 Mayor term expiring'06 appoints seat#4 in'03 for two years and in'05 for one year Vice-Mayor term expiring'04 appoints seat#1 in 02 for two years Council Member A—term '06 appoints seat#5 in'03 for two years and in'05 for one year Council Member B—term expiring'04 appoints seat#2 in 02 for two years Council Member C—term expiring'04 appoints seat#3 in 02 for two years Board of Adjustment #2 Seat#3 Seat#4 Seat#5 Seat#1 Seat ' Term expires 6/02 Term expires 6/02 Term expires 6/02 Term expires 6/03 Term expires 6/03 Mayor term expiring'06 appoints seat#4 in'03 for two years and in'05 for one year Vice-Mayor term expiring'04 appoints seat#1 in 02 for two years Council Member A—term expiring'06 appoints seat#5 in'03 for two years and in'05 for one year Council Member B—term expiring'04 appoints seat#2 in 02 for two years Council Member C—term expiring'04 appoints seat#3 in 02 for two years JAN-16-2002 11:03 MAYOR'S OFFICE 520 791 5348 P.01/12 P 0 Sox 27210 ;,r � �-( �m � fu �,l�� + 1 T � E_: 'st jfyjTi[ ll+e rjftrt "r Tucson,AZ 85726-7210C4, CIerksOffice Phone:520-791-4121 _ r Fax;520-791-6090 �� !, ., . ..::.�:{ ,�..... Fia)( To: Cathy Cuvelier,Town Clerk,Oro Valley From. iana Pena,Office Supervisor Fax: 297-0428 Date: January 16,2002 Phone: Pages: 12, Re: Board and Commissions CC: ❑Urgent ❑For Review ❑ Please Comment DPdease Reply ❑ Please Recycle •Comments: Cathy, Here Is what we have. This has not been updated In a while, but when it is we can send you an updated copy. This will give you an Idea of how the membership Is compiled. Thanks. EXHIBIT "B" • 20.1 (AGENDA) RULES COMMITTEE, Mayor and Council: 3 members. Must be members of the governing body. 20.3 AIRPORT AUTHORITY, TUCSON BOARD OE DIRECTORS (Private Non- profit Corporation): 9 members. One (1) member of Mayor and Council serves as a liaison. 20.2A ARMORY PARK HISTORIC ZONE ADVISORY BOARD: 12 members and 2 alternates. Must be a minimum of 6 members. Applicants may submit to the Mayor and Council a list of persons whom they recommend to be appointed to the Board.'The composition shall be as follows: 1/3 residents of the area; 1/3 property owners in the area; and 1/3 who shall have special qualifications in such areas as architecture, architectural history, planning, landscape architecture or related fields. Appointments are made by the Mayor and Council. Terms are for 4 years. 26.2 ART AND COMMUNITY DESIGN COMMITTEE, PUBLIC: 15 members. The Mayor and each Council Member shall appoint 1 member; Tucson-Pima Arts Council shall appoint 7 members; and the City Manager shall appoint 1 member. Terms shall be coterminous with the term of office of the appointing official or until their successors are appointed. Other members terms shall be for 4 years. 26.3 ARTS CENTER ADVISORY BOARD, PERFORMING: 9 members. The Mayor Y and each Council Member shall appoint 1 member. The Mayor and Council shall jointly appoint 2 members. Members shall serve coterminous with the appointing official, and the 2 appointed jointly shall serve 2 year terms from date of appointment 26.1 ARTS COUNCIL, TUCSON-PIMA: 15 members. One (1) Tucson City Council Member selected by the Governing body. Term pleasure of governing body. Y Rest appointed by Pima County Board of Supervisors Member (1); 13 recommended by a nominating committee of 5 persons, 2 from local government and 3 selected by the Executive Committee. 20.4C AUDIT SUBCOMMITTEE: Members are Council Members. 20.4D BAJA: Members are Council Members. 28.2B BARRIO HISTORICO HISTORIC ZONE ADVISORY BOARD: 11 members. Must be a minimum of 6 members. Applicants may submit to the Mayor and Council a list of persons whom they recommend to be appointed to the Board. The composition shall be as follows: 1/3 residents of the area; 1/3 property owners in the area; and 1/3 who shall have special qualifications in such areas as architecture, architectural history, planning, landscape architecture or related JAN-16-2882 11:04 MAYOR'S OFFICE 520 791 5348 P.03/12 fields. Appointments are made by the Mayor and Council. Terms are for 4 years. 06.3 BICYCLE ADViSORY COMMITTEE, 'TUCSON-LIMA COUNTY: 17 members. The Mayor and each Council Member shall appoint 1 member and 10 shall be appointed by the Pima County Board of Supervisors. The terms of each of the City members of the Committee shall be coterminous with the term of the appointing official. 03.0 BOARD OF ADJUSTMENT: 7 members. Each member of the City Council appoints 1 member who must be a resident of the appointing Council Member's ward. The Mayor appoints 1 member who must be a resident of the city. No member of the Board of Adjustment is to hold any city, county, or state elective office or be a permanent employee of the City while a member of the Board of Adjustment. The terms of each member is coterminous with the term of the appointing official. 04.0 BOARD OF APPEALS: 7 members appointed by Mayor and Council for a 4 year staggered term_ 10.0 BOND PROJECT OVERSIGHT COMMITTEE: 11 members appointed by the City Manager. At least 7 members appointed from lists of suggested members submitted by each member of the Mayor and Council. Members shall serve until September 15, 1998. 40.0 BUDGET ADVISORY COMMITTEE: 14 members appointed 2 each by Mayor and Council Member. Members shall serve coterminous with the appointing official. 41.1 BUILDING CODE COMMITTEE, UNIFORM: Minimum 7 members appointed by Mayor and Council and Board of Supervisors for a 3 year staggered term. 20.5 CABLE CORP. BOARD OF DIRECTORS, TUCSON COMMUNITY: Mayor and Council do no appoint members after initial term. 20.4E CHARTER REVIEW COMMITTEE: Members are Council Members. Review Charter for potential changes and if changes are identified, then a broader based committee be formed to make recommendations. 20.2 CHILD/FAMILY STRATEGIC PLAN (Mayor's committee): 11.0 CML SERVICE COMMISSION: 5 members appointed by Mayor and Council, for a 6 year staggered term. Terms expire on the same date as the first regular Mayor and Council meeting in January. JAN-16-2002 11:04 MAYOR'S OFFICE 520 791 5348 P.04i12 20.4V CLEAN AND BEAUTIFUL, TUCSON: A Council Member serves as a liaison to the Board of Directors. 33.0 COMMUNITY DEVELOPMENT ADVISORY COMMITTEE: 15 members. The Mayor and each Council Member shall each appoint 2 members. Director of Community Services Department shall appoint I member. The terms of office shall be coterminous with the appointing official. Member appointed by the Director of Community Services shall serve for 2 year term. 20.2 COMMUNITY SERVICES SUBCOMMITTEE, Mayor and Council: 3 members of the Mayor and Council. Term is coterminous with term of office. 13.1 CONVENTION CENTER COMMISSION, TUCSON: 7 members appointed by Mayor and each Council Member. The term of office shall be coterminous with the appointing official. 28.3 CON VENTO 517E COMMITTEE, AKA SAN AGUSTIN TASK FORCE: 7 members. Not subject to the open meeting laws and local boards, commissions and committees policies. 25.1 DEFERRED COMPENSATION INVESTMENT COMMITTEE, TUCSON CITY EMPLOYEES; 3 members appointed by Mayor and Council to serve 3 year staggered terms to expire Juni 30. 25.2 DEFERRED COMPENSATION MANAGEMENT BOARD. TUCSON CITY EMPLOYEES: 5 members, 2 City employees elected by Plan participants; Human Resources Director or designate; Finance Director or designate; and resident of Tucson community appointed by the City Manager. Terms of elected participants shall be 3 years, resident member is unspecified. 01.0 DEVELOPMENT REVIEW BOARD: 7 members, of whom 5 are regular members and 2 are alternates. Each member of the Mayor and Council appoints 1 member. Terms are coterminous with appointing official. 22.2 DISABILITY ISSUES, TUCSON COMMISSION ON: 13 members. The Mayor and each Council Member shall appoint 1 member; the Mayor and Council shall appoint 3 members jointly, the City Manager shall nominate 3 members for final approval by Mayor and Council. The terms of members appointed by the Mayor or a Council Member shall be coterminous with the appointing official, all others shall be for a term of 4 years. 14.2 DOWNTOWN ADVISORY COMMITTEE: 17 members appointed by Mayor and Council. (Expand after 9/16/96 meeting.) 14.3 DOWNTOWN DEVELOPMENT CORPORA-110N (Private Nonprofit Corporation); Board of Directors members consist of not fewer than 3 nor more JAN-16-2002 11:04 MAYOR'S OFFICE 520 791 5348 P.05/12 than 25 persons serving 6 year staggered terms of office; Advisory Council members consists of not more than 36 members serving 6 year staggered terms of office. 20.2 ECONOMIC DEVELOPMENT, COMMITTEE ON (Mayor's committee): 02.0 EDUCATION COMMISSION, METROPOLITAN: 32 members. Five (5) appointed by the Mayor and Council. Rest are appointed by the Chairman, Pima County Board of Supervisors and Institutions of Education. Members should be residents of Pima County and should possess knowledge of issues and concerns relating to education. Representation on this Commission shall, in every way possible, represent different segments of the community, including age, gender and ethnic groups. The terms of the members of the Commission appointed by the Mayor and Council shall be four years. 41.2 ELECTRICAL CODE COMMITTEE: Minimum 7 members appointed by Mayor and Council and Board of Supervisors for a 3 year staggered term. 27.0 EMERGENCY SERVICES COMMISSION, TUCSON-PIMA COUNTY: 10 members appointed by a majority vote of both the Mayor and Council and the Pima County Board of Supervisors. Members shall serve a 4 year staggered term. 28.2C EL PRESIDIO HISTORIC ZONE ADVISORY BOARD; 9 members. Must be a minimum of 6 members. Applicants may submit to the Mayor and Council a list of persons whom they recommend to be appointed to the Board. The composition shall be as follows: 1/3 residents of the area; 1/3 property owners in the area; and 1/3 who shall have special qualifications in such areas as architecture, architectural history, planning, landscape architecture or related fields. Appointments are made by the Mayor and Council. Terms are for 4 years. 19.1 ENERGY COMMISSION, TUCSON-PIMA COUNTY METROPOLITAN: 16 members. The Mayor, each Council Member, and the City Manager shall each appoint 1 member. Eight (8) shall represent Pima County. Each member of the Commission shall serve a term of 2 years from the time of that member's appointment 14.6 ENTERPRISE ZONE COMMISSION, TUCSON/SOUTH TUCSON: 8 mem- bers. Members consist of the Mayor of the City of South Tucson and the Mayor and Council of the City of Tucson. Terms are coterminous with that officials term of office. jyt- ENVIRONMENTAL COUNCIL, TUCSON: 15 members. The Mayor and each G�ispOCouncil Member shall appoint 1 member, City Manager shall appoint 2 528 791 5348 P.06/12 JAN-16-2082 11:05 MAYOR'S OFFICE members. The Audobon Society, League of Women Voters, Neighborhood Coalition of Greater Tucson, Sierra Club, Greater Tucson Economic Council and the Tucson Metropolitan Chamber of Commerce shall EACH appoint I member. The terms of members appointed by the Mayor and Council Members shall be coterminous with the appointing official, all others shall be for a term of 4 years from date of appointment 41.3 FIRE CODE REVIEW COMMITTEE: Minimum 7 members appointed by Mayor and Council and Board of Supervisors for a 3 year staggered term. 25.5 FIRE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM BOARD, TUCSON: 5 members. The Mayor or designee of the Mayor with the approval of the City Council shall serve as Chairman; 2 members shall be elected by secret ballot by System members employed by the Tucson Fire Department; and 2 citizens, 1 of whom shall be the Chairperson of the Civil Service Commission, and the other appointed by the Mayor with the approval of the City Council. Terms: Mayor or designee, mayoral term; 2 elected members, 4 year staggered terms expiring June 30; Civil Service Chair, length as Chair to Civil Service Commission; and citizen, 4 year staggered term expiring June 30. FISCAL AND HUMAN RESOURCES SUBCOMMITTEE, Mayor and Council: 3 members of the Mayor and Council. Appointments to be reviewed annually at the first Mayor and Council meeting in December. 28. E FORT LOWELL HISTORIC ZONE ADVISORY BOARD: 9 members and 3 advisory members (non voting). Must be a minimum of 6 members. Applicants may submit to the Mayor and Council a list of persons whom they recommend to be appointed to the Board. The composition shall be as follows: 1/3 residents of the area; 113 property owners in the area; and 1/3 who shall have special qualifications in such areas as architecture, architectural history, planning, landscape architecture or related fields. Appointments are made by the Mayor and Council. Terms are for 4 years. • FREE TRADE AGREEMENT TASK FORCE: 21 members_ Two (2) members , appointed by Tucson City Council. Terms are for 1 year from the first official meeting of the Task Force. 15.0 GROUNDWATER CONSULTANT BOARD: Unspecified number of consultants selected by the Director of the Water Department from within or without the Tucson area. Membership shall be unlimited in number, and each member of the board shall sign a personal services contract with the city. Members shall serve for an indefinite period of time, and the Director of the Water Department shall have the power to remove any member of the board upon giving notice as provided in the personal services contract. JAN-16-2002 11:05 MAYOR'S OFFICE 520 791 5348 P.07/12 28.1 HISTORICAL COMMISSION, TUCSON-PIMA COUNTY: 23 members. The Mayor and each Council Member shall appoint 1 city resident member, the Mayor and Council shall jointly appoint 5 additional members, who reside in the city, to serve coterminous with the appointing official. Ten (10) additional members shall be appointed by and represent Pima County and 1 shall be appointed by and represent the City of South Tucson, members shall serve a term of 4 years. 20.4V HOMELESS, TUCSON PLANNING COUNCIL FOR THE: Council Members. 16.0 HOUSING ADVISORY AND APPEALS BOARD: 7 members. The Mayor and each Council Member shall appoint 1 member to serve coterminous with the appointing official_ 45.1 HOUSING COMMISSION, METROPOLITAN: 13 members appointed jointly by Mayor and Council. Terms of membership shall be 4 years. All terms shall expire on December 31 of the applicable year. 22.1 HUMAN RELATIONS COMMISSION, TUCSON: 7 members, representing the Metropolitan community, appointed 1 each by Mayor and Council Member. Members shall serve coterminous with the appointing official. 14.4 INDUSTRIAL DEVELOPMENT AUTHORITY (IDA) BOARD OF DIRECTORS (Private Non-profit Corporation): 7 directors "elected" by Mayor and Council, in accordance with the Authority's Bylaws as amended by Resolution #12383 and pursuant to AR.S. § 35-705. The directors term of office shall be for 6 years. Each director shall be a qualified City elector and may not be an officer or employee of the City. 28.2G JOHN SPRING NEIGHBORHOOD HISTORIC ZONE ADVISORY BOARD: Membership list not provided at this time. Must be a minimum of 6 members. Applicants may submit to the Mayor and Council a list of persons whom they recommend to be appointed to the Board. The composition shall be as follows: 1/3 residents of the area; 1/3 property owners in the area; and 1/3 who shall have special qualifications in such areas as architecture, architectural history, planning, landscape architecture or related fields. Appointments are made by the Mayor and Council. Terms are for 4 years. 41# LANDFILL PROJECTS, CITIZENS ADVISORY OVERSIGHT COMMITTEE cL,Et FOR: 7 members. The Mayor and each Council Member shall appoint 1 member to serve coterminous with the appointing official. 23.2 LANDSCAPE ADVISORY COMMITTEE: 14 members, recommended by the City Manager, appointed by Mayor and Councilfor a 2 year term. JAN-16-2802 1105 MAYOR'S OFFICE 520 791 5348 P.08/12 17.0 LIBRARY BOARD, TUCSON: 10 members. Five (5) members appointed by Mayor and Council and 5 members appointed by the Board of Supervisors of Pima County. Members shall serve 4 year terms. 09.0 MAGISTRATES MERIT SELECTION COMMISSION, CITY: 9 members. Four (4) attorney members, 2 registered Republicans and 2 registered Democrats appointed by the County Bar Association. Five (5) non-attorney members, 3 of whom shall be selected by members of the Governing Body who represent the political party in the majority; and 2 of whom shall be selected by members of the Governing Body who represent the political party of the minority. Members shall serve a 1 year term_ 05.0 MASSAGE EXAMINERS, COMMITTEE OF: 5 members recommended by the existing Committee of Massage Examiners and appointed by the Mayor and Council. Term of office is 3 years. 05.1 (MASSAGE) LICENSE APPEALS BOARD: 4 members representing the Police Department, the Mice of the City Attorney, the Finance Department, and the Committee of Massage Examiners. Terms are unspecified_ 41.6 MECHANICAL CODE COMMITTEE: Minimum 7 members appointed by Mayor and Council and Board of Supervisors for a 3 year staggered term. 14.1 MINORITY AND WOMEN BUSINESS ENTERPRISE COMMISSION: 7 members. The Mayor and each Council Member shall appoint 1 member to serve coterminous with the appointing official. 18.0 NATIVE AMERICAN AFFAIRS, URBAN METROPOUTAN TUCSON COMMISSION ON: 22 members. The Mayor and each Council Member shall appoint I member. Pima County shall appoint 7 members, the City of South Tucson, the San Xavier Tribal Council of the Tohono O'Odham Nation and the Pascua Yaqui Tribal Council shall EACH appoint 1 member, and the Commission shall appoint 5 members. The terms of those members appointed by the Mayor and Council shall be coterminous with the appointing official, and the terms of the other Commission members shall be for 4 years. Appointments to a vacant position shall be for the unexpired portion of the term. 43.0 NOISE REDUCTION TASK FORCE: 7 members appointed by Mayor and Council for a term to expire 1 year from appointment. 23.0 PARKS AND RECREATION COMMISSIQN, TUCSON: 7 members. The Mayor and each Council Member shall appoint 1 member to serve coterminous with the appointing official 28.2E PIE ALLEN HISTORIC ZONE ADVISORY BOARD: 8 members and 1 advisory member. Must be a minimum of 6 members. Applicants may submit to the 520 791 5348 P.09/12 JAN-16-2002 11:06 MAYOR'S OFFICE Mayor and Council a list of persons whom they recommend to be appointed to the Board. The composition shall be as follows: 1/3 residents of the area; 1/3 property owners in the area; and 1/3 who shall have special qualifications in such areas as architecture, architectural history, planning, landscape architecture or related fields.Appointments are made by the Mayor and Council. Terms are for 4 years. 21.0 PIMA ASSOCIATION OF GOVERNMENTS, AIR QUALITY EXECUTIVE COMMITTEE: Council Members are members: 21.0 PIMA ASSOCIATION OF GOVERNMENTS, REGIONAL COUNCIL.: Mayor is a member. 07.0 PLANNING COMMISSION: 13 members. Each member of the City Council appoints 2 members, both of whom must be residents of the city and at least 1 of whom must be a resident of the Council Member's ward. The Mayor appoints 1 member who must be a resident of the city. The term of each member of the Commission is coterminous with the term of the appointing official. 41.6 PLUMBING CODE COMMITTEE: Minimum 7 members appointed by Mayor and Council and Board of Supervisors for a 3 year staggered term 12.1 POLICE ADVISORY COMMITTEE, CITIZENS: 13 members, shall be residents of the city and shall not have ever been convicted of a felony. Mayor and each Council Member shall appoint 1 member; the Fraternal Order of Police, Lodge No. 1, shall nominate for appointment by the Mayor and Council, 2 members from the Police Department who hold a rank no greater than sergeant; the Pima County Tucson Women's Commission and the Tucson Human Relations Commission shall EACH nominate 1 member for appointment by the Mayor and Council. The terms of the members appointed by Mayor and Council shall be coterminous with the appointing official, other members shall serve 4 year terms. 25.5 POLICE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM BOARD, TUCSON: 5 members. The Mayor or designee of the Mayor with the approval of the City Council shall serve as Chairman; 2 members shall be elected by secret ballot by System members employed by the Tucson Police Department; and 2 citizens, 1 of whom shall be the Chairperson of the Civil Service Commission, and the other appointed by the Mayor with the approval of the City Council. Terms: Mayor or designee, mayoral term; 2 elected members, 4 year staggered terms expiring June 30; Civil Service Chair, length as Chair to Civil Service Commission; and citizen, 4 year staggered term expiring June 30. 44# POLLUTANT DISCHARGE ELIMINATION SYSTEM, NATIONAL(NPDES): 12 members. Five (5) representatives from each of the five jurisdictions; 2 City of Tucson appointees; 2 Pima County citizen appointees and 3 remaining JAN-16-2002 14:06 MAYOR'S OFFICE 520 791 5348 P.10i12 jurisdictions appoint 1 citizen each. The terms of the elected officials will expire at the end of their official term. Citizens serve a 2 year term. 14.5 PRIVATE INDUSTRY COUNCIL, PIMA COUNTY: 25 members. Mayor and Council shall nominate for appointment 15: 7 business, 2 education, 2 community based organizations, 2 labor, 1 handicapped rehabilitation agencies, and 1 Wagner Peyser (Public Employment Services. Pima County Board of Supervisors shall appoint the remaining 10 members. Members shall serve 3 year terms, PUBLIC SAFETY SUBCOMMITTEE, Mayor and Council: 3 members of the ' - ' Mayor and Council. Terms are coterminous with term of office. 20.2 PUBLIC WORKS AND ENVIRONMENTAL ISSUES SUBCOMMITTEE, Mayor and Council: 3 members of the Mayor and Council. Terms are coterminous with term of office. 25.3 RETIREMENT SYSTEM BOARD OF TRUSTEES, TUCSON CITY EMPLOYEES SUPPLEMENTAL: 6 members. Chairperson appointed by Mayor, subject to approval of Council; Director of Human Resources; Director of Finance; 2employee-representative trustees, nominated and elected by the contributing members, and 1 retired (non voting) member appointed by a majority of the other board members. 25.4 RETIREMENT SYSTEM INVESTMENT ADVISORY COUNCIL, TUCSON CITY EMPLOYEES SUPPLEMENTAL: 3 members appointed by Mayor, subject to approval of the Council to serve 3 year staggered terms to expire June 30. 20.2 SCHOOL DISTRICT'S ACTION TASK FORCE (Mayor's committee): 36.2 SIGN CODE ADVISORY AND APPEALS BOARD: 7 members appointed by Mayor and Council. Terms of appointment shall be for 4 years from date each term ends. Appointment to fill vacancies shall be for the unexpired terms. 24.1 SISTER CITIES ASSOCIATION OF TUCSON (Private Non-profit Corporation): Mayor and Council no longer appoint members; however, the Corporation receives money from the City of Tucson. 20.4U SMALL BUSINESS AND TUCSON BUSINESS COAUTION: Council Members. 14.7 SMALL BUSINESS COMMISSION: 17 members. The Mayor and each Council Member shall appoint 2 members; 1 at-large and 1 by ward; 3 members shall be appointed jointly by the Mayor and Council. The terms of the members appointed by individual Mayor and Council Members shall be coterminous with the elected official making the appointment; the Mayor and Council joint appointments shall be for 2 year staggered terms. JAN-16-2002 11:06 MAYOR'S OFFICE 520 791 5348 P. 11i12 41.7 SPA/POOL CODE COMMITTEE: Minimum 7 members appointed by Mayor and Council and Board of Supervisors for a 3 year staggered term. 38.2 STORMWATER MANAGEMENT STUDY, TUCSON (CAC): 7 to 11 members appointed by Mayor and Council to serve until completion of project. 06.5 STORMWATER TECHNICAL ADVISORY COMMITTEE(STAG: 13 members. Members are appointed jointly by Mayor and Council for terms of four years from the date of appointment_ TRADE AGREEMENT TASK FORCE, FREE: 21 members appointed by the 61),¢ 13 1* following government entities and interested agencies for 1 year term: 4 members (1 from each office) Congressional Representatives; 2 members each: University of Arizona; Pima Community College; Pima County Board of Supervisors; Tucson City Council; Union Representatives; 1 member each: Tucson Airport Authority; Greater Tucson Economic Council; Tucson Chamber of Commerce; Hispanic Professional Action Committee; Hispanic Chamber of Commerce; Border Trade Alliance; Arizona-Mexico Commission. 06.1 TRANSPORTATION ADVISORY COMMITTEE, CITIZEN: 16 members. Mayor and each Council Member shall appoint 1 member; 1 member shall be selected by the Commission on Disability Issues and shall be a member of the disabled community; 8 positions shall be selected by a screening committee. The terms of the members shall be coterminous with the appointing official; other appointments shall befog 4 year terms. 30.0 UTILITY PLANNING AND COORDINATION COMMITTEE: Unspecified number of members. Unspecified terms. Not subject to open public meeting law requirements. 31.0 VETERANS' AFFAIRS COMMITTEE: Unspecified number of members. Currently 41 members. Appointments by Committee, ratification by Mayor and Council. Additional delegates as the Mayor and Council may appoint. Four (4) year staggered terms to expire on December 31. 08.0 WATER ADVISORY COMMITTEE, CITIZENS': 15 members. The Mayor and Council shall each appoint 1 member of the Committee. The City Manager shall nominate eight members for final approval by Mayor and Council. Terms of those Committee members appointed by the Mayor and Council shall be coterminous with the appointing official. Members nominated by the City Manager and approved by Mayor and Council shall serve 4 year terms from date of appointment 28.2D WEST UNIVERSITY HISTORIC ZONE ADVISORY BOARD: 8 members. Must be a minimum of 6 members. Applicants may submit to the Mayor and Council a list of persons whom they recommend to be appointed to the Board. The JAN-16-2002 11:07 MAYOR'S OFFICE 520 791 5341=1 1-.1e/le composition shall be as follows: 1/3 residents of the area; 1/3 property owners in the area; and 1/3 who shall have special qualifications in such areas as architecture, architectural history, planning, landscape architecture or related fields. Appointments are made by the Mayor and Council. Terms are for 4 years. 29.0 WOMEN'S COMMISSION, Mayor COUNTY/TUCSON te Non-profit Corporation): 20 members. nd each Membershalappoit 1 member to serve coterminous with the appointing official. Thirteen (13) members appointed by the Pima County Board of Supervisors and the Commission. 20.2 YOUTH VIOLENCE, TASK FORCE ON(Mayors committee): 20.2 YOUTH AND FAMILY ISSUES SUBCOMMITTEE, Mayor and Council: 3 members of the Mayor and Council. Appointments to be reviewed annually at the first Mayor and Council meeting in December. /71 hi-L:617 11 eM7itiar#L ote fil-leZed /01ber-C, cle 7„,„ r a defi-ii- 4,(4•44,A, TOTAL P.12 2 TOWN OF ORO VALLEY STUDY SESSION Page 1 of 1 COUNCIL COMMUNICATION MEETING DATE: 02/11/02 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin C. Sidles, Town Prosecutor Dan L. Dudley, Town Attorney SUBJECT: Discussion of Proposed Ordinance No. (0) 02 - to Omnibus Criminal Code Revised SUMMARY: The Omnibus Criminal Code Revision came before the Town Council on February 6, 2002 and was declared a Public Record. The Omnibus Criminal Code Revision will come before the Town Council on March 20, 2002 for consideration and action. I have attached a copy of the Council Communication dated February 6, 2002 and the Criminal Code Revision for your consideration. RECOMMENDATION: ATTACHMENTS: 1. Council Communication of February 6, 2002 and the Proposed Ordinance 2. Omnibus Criminal Code Revision SUGGESTED MOTION(S): ./Ct(Ags Town Prosecutor ft' - Town Attorney fir If.40)1. Town Manar Faco�amuay‘on poi SS Omnibus Criminal coa�aoo • TOWN OF ORO VALLEY Page 1 of 2 COUNCIL COMMUNICATION MEETING DATE: February 6, 2002 TO: HONORABLE MAYOR AND COUNCIL FROM: Dan Dudley, Town Attorney SUBJECT: Resolution No. (R) 02.0 ; making that certain document, Oro Valley Town Code Chapter 10, Offenses, a public record. SUMMARY: Presented is the amendment to Oro Valley Town Code Chapter 10, Offenses, which is declared to be ap ublic record and which will remain on file in the Town Clerk's office as a public record for at least thirty (30) days thereafter at which time Ordinance No. (0) 02 - will be brought before the Council for consideration and action.(*Ordinance No. will be assigned at time of agenda-posting. Amendments to Chapter 10, Offenses, provides regulations and enforcement mechanisms relative to activities believed undesirable. Over the years, the Prosecutor's Office and the OVPD have faced various situations for which no ordinance existed within the Oro Valley Town Code to prohibit activities believed undesirable by the OVPD and the Town Attorney's office. By amending Chapter 10, Offenses, the Town will be able to regulate and or prohibit the activities in certain circumstances including, but not limited to, the following: • 10-1-13 Urinating or Defecating in Public 10-1-14 Soliciting Passengers or Baggage 10-1-15 Public Property; Injuring 10-1-16 Abandoned Refrigerator, Icebox, or Container 10-1-19 Keeping of Junk Restricted 10-1-20 Willful Failure to Return Library Property 10-1-21 Expectorating on Sidewalks or in Public Buildings 10-1-22 Weapons in Parks or Other Public Places Prohibited 10-1-24 Impersonating a Police Officer 10-1-25 Prohibited Use of Public Right-of-Way 10-1-26 Prohibited Use of Town Logo 10-1-27 Unlawful Parking 10-1-28 Weapons Near a School Prohibited 10-1-29 Town Property; Squatting on Prohibited 10-1-30 Throwing Stars and Nunchuckas;Possession by Minors Prohibited; Sale to Minors Prohibited 10-1-31 Possession of Butterfly Knives and Brass Knuckles Prohibited 10-1-32 Obstructing Government Operations 10-1-33 Unlawful Use of 911 Emergency Line 10-1-34 Indecent Exposure 10-1-35 Loitering 10-1-36 Narcotics; Keeping Paraphernalia; Acting as Lookout TOWN OF ORO VALLEY Page 2 of 2 COUNCIL COMMUNICATION MEETING DATE: February 6, 2002 10-1-37 Same— Seizure, Destruction of Paraphernalia 10-1-38 Open Container in Public Prohibited 10-6 Anti-Graffiti 10-7 Regulating Picketing of a Private Residence in Residentially Zoned Districts 10-8 Laser Pointers 10-9 Handbills 10-10 Loud or Unruly Gatherings 10-11 Newsracks 10-12 Parade and Public Assembly FISCAL IMPACT: None RECOMMENDATION: I move to approve Resolution No. (R) 02 - 08 , making the amendment to the Oro Valley Town Code Chapter 10, Offenses, Council, a public record. ATTACHMENTS: 1)Resolution No. (R) 02 -08 2) Ordinance No. (0) 02 - 3)Proposed Omnibus Criminal Code (Public Record) C4 --- le# Town Attorney ae,,,,,j I 1 , , t Town 'Walla:.•r ORDINANCE NO. (0) 02 - AN ORDINANCE OF THE TOWN OF ORO VALLEY,ARIZONA, RELATING TO THE OMNIBUS CRIMINAL CODE REVISION WHICH COMPILES A NUMBER OF REGULATIONS FOR VARIOUS CRIMINAL VIOLATIONS NOT ALREADY INCLUDED IN THE ORO VALLEY TOWN CODE; COMPELLING THE TOWN COUNCIL.TO COLLECTIVELY ACCEPT THE WHOLE ENACTMENT OF WHICH SPECIFIES ENFORCEMENT MECHANISMS OF SUCH VARIOUS OFFENSES; AUTHORIZING ADDITIONAL SECTIONS TO THE ORO VALLEY TOWN CODE CHAPTER 10 ("OFFENSES")BY REFERENCE; AND PROVIDING FOR PENALITIES THEREOF; REPEALING ALL RESOLUTIONS, ORDINANCES,AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER WHEREAS, on September 27, 1989,the Town Council did approve Ordinance Number (0) 89-21, which adopted that certain document entitled, "Oro Valley Town Code, Chapter 10, Offenses," as the tenth chapter of the official Town Code; and WHEREAS, pursuant to ARS § 9-240(B)(12), the Town Council shall regulate the Police of the Town, and prescribe their powers and duties; and WHEREAS, pursuant to Oro Valley Town Code 4-1-5,Duties of Police Department, it is the duty of the police department, under the direction of the Police Chief to enforce the Oro Valley Town Code and the statutes of the State of Arizona within jurisdictional limits as conferred by law, and to arrest and charge the violators thereof; and WHEREAS, penalties are provided for violating any provision of these Articles which prescribes the Town's various criminal code regulations and enforcement mechanisms; and WHEREAS, the Town has deemed it necessary to add certain Sections and Articles to Chapter 10 in order to provide regulations and prescribe enforcement relative to various criminal offenses, not yet detailed in the Oro Valley Town Code, that occur within the Town in order to preserve the peace, health, and safety of the Town. NOW, 'THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Town of Oro Valley, Arizona, as follows: Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 SECTION 1. A. That certain document known as "Article 10-1, Miscellaneous Offenses, Sections 10-1-13 through 10-1-16, and 10-1-19 through 10-1-39," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Resolution No. (R) 02 - of the Town of Oro. Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. B. Pursuant to ARS § 9-803, any penalty clause contained in a code or public record, adopted by reference, shall be set forth in full in the adopting ordinance as follows: Section 10-1-23 Penalties -Unless otherwise specified, all violations of Chapter 10 of the Oro Valley Town Code, all violations of the Oro Valley Zoning Code, all violations of the adopted Building and Fire Codes and other Town Codes shall be designated as class one misdemeanors. Any person found guilty of violating this Code shall be punished by a fine of not more than two thousand five hundred dollars ($2,500.00); imprisonment for not more than one hundred eighty(180) days; or placed on probation up to three (3) years or any combination thereof. In the case of a minor person, the parents or legal guardian shall be jointly and severably liable with the minor for the payment of all fines and terms of probation. SECTION 2. A. That certain document known as "Article 10-6, Anti-Graffiti," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Resolution No. (R) 02 - of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. B. Pursuant to ARS § 9-803, any penalty clause contained in a code or public record, adopted by reference, shall be set forth in full in the adopting ordinance as follows: Section 10-6-5 Penalties — (A) Fines and Imprisonment. Any person violating this Ordinance shall be punished by a fine of not less than twenty five dollars ($25.00) for the first offense; five hundred dollars ($500.00) for the second offense; and one thousand dollars ($1,000.00) for each subsequent offense, or by imprisonment in jail or probation or by both fine and imprisonment and probation at the discretion of the court. (1) In the case of a minor, the parents or legal guardian shall be jointly and severably liable with the minor for payment of all fines. (2) Failure of the parents or legal guardian to make Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 payment ment may result in the filing of a lien on the parent's or legal guardian's property that includes the fine and administrative costs. (3) Upon an application and finding of indigence, the court may decline to order fines against the minor, parents, or guardian. (B) Restitution. In addition to any punishment specified in this Section, the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor,the parents or legal guardian shall be ordered jointly and severably liable with the minor to make the restitution. (C) Forfeiture and Personal Property. All personal property, including but not limited to automobiles, motorcycles, and bicycles, used or intended to be used in violating this Ordinance shall be forfeitable to the Town. In forfeiting such personal property, the Town shall follow the procedures outlined in State statutes concerning forfeitures of personal property. In any forfeiture proceeding under this Section, the court shall not order a forfeiture unless it finds that the forfeiture is commensurate with the severity of the violation to the extent required by the Arizona and United States constitutions. (D) Community Service. In lieu of, or as part of, the penalties specified in this Section, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements: (1) The minor or adult shall perform at least thirty(30)hours of community service within the Town boundaries of Oro Valley. (2)At least one parent or guardian of the minor shall be in attendance a minimum of fifty percent (50%) of the period of assigned community service. (3)The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police. (4)Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have a rehabilitative effect on the minor or adult, including community service that involves graffiti removal. (5) Any minor determined to be a ward of the court under Arizona State law as a result of committing an offense in the Town's option, to perform community service, including graffiti removal service of not less than thirty(30)hours nor more than eighty (80) hours. (E)Civil Responsibility for Damages for Wrongful Sale,Display or Storage. Any person who sells, displays or stores, or permits the sale, display or storage, of graffiti implements in violation of the provisions of this Ordinance shall be personally liable for all costs, including attorney's fees and court costs, incurred by any party in connection with the removal of graffiti, or such party's prosecution of a civil claim for reimbursement or damages resulting from such graffiti removal or property repair, arising from the use by any person of such wrongfully sold, displayed or stored graffiti implement in violation of the provisions of this Ordinance, provided that such liability shall not exceed two thousand five hundred dollars ($2,500.00). Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 SECTION 3. That certain document known as "Article 10-7, Regulating Picketing of a Private Residence in Residentially Zoned Districts," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Resolution No. (R) 02 - of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 4. That certain document known as "Article 10-8, Laser Pointers," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Resolution No. (R) 02 - of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 5. That certain document known as "Article 10-9, Handbills," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Resolution No. (R) 02 - of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 6. A. That certain document known as "Article 10-10, Loud and Unruly Gatherings," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Resolution No. (R) 02 - of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. B. Pursuant to ARS § 9-803, any penalty clause contained in a code or public record, adopted by reference, shall be set forth in full in the adopting ordinance as follows: Section 10-10-5 Penalties — The penalty for a party found responsible for the occurrence of a subsequent unruly gathering, as provided in Section 10-10-4, shall be a minimum mandatory fine of five hundred dollars ($500.00) for a first violation, a minimum mandatory fine of one thousand dollars ($1,000.00) for a second violation, and minimum mandatory fines of one thousand five hundred dollars ($1,500.00) for the third or each subsequent violation thereafter. The civil fines provided herein shall be in addition to any other penalties imposed by law for particular violations of the law committed during the course of an unruly gathering. The court may also enter an order of abatement against a party found responsible for a violation of this Article. SECTION 7. That certain document known as "Article 10-11, Newsracks," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 Resolution No. (R) 02 - of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 8. That certain document known as "Article 10-12, Parade and Public Assembly," of the Oro Valley Town Code, three copies of which are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona, which document was made a public record by Resolution No. (R) 02 - of the Town of Oro Valley, Arizona, is hereby referred to, adopted, and made a part hereof as if fully set out in this Ordinance. SECTION 9. Pursuant to ARS § 41-1346,the governing body of the Town shall maintain efficient record management for local public records and it has been determined that this Ordinance is a public record with three copies of said Ordinance to remain on file in the office of the Town Clerk. SECTION 10. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. SECTION 11. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona, this day of , 2002. TOWN OF ORO VALLEY ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Dan L. Dudley, Town Attorney Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 OMNIBUS CRIMINAL CODE REVISION Ch 10 Offenses Office of the Oro Valley Town Attorney/sib 1.28.02 OMNIBUS CRIMINAL CODE 10-1-16 Abandoned 10-1-13 Urinating or Defecating Refrigerator, Icebox or in Public. Container. It is unlawful for any person to A. It shall be unlawful for urinate or defecate in a public place, or any person to leave outside of any any place exposed to any public view, building or dwelling, or in a place except in an established lavatory or accessible to children any abandoned, toilet. Any violation of this provision unattended or discarded icebox, shall be a class one misdemeanor. refrigerator or any other container of any kind which has an airtight door or lock 10-1-14 Soliciting Passengers or which may not be released from the Baggage. inside of such. It is unlawful for any person to B. It shall be unlawful for • enter into or upon any transportation any person to leave outside of any terminal or shelter, or any hotel, motel, building or dwelling or a place resort, or any grounds thereof, for the accessible to children any abandoned, purposes of soliciting passengers for any unattended or discarded icebox, purpose, or soliciting passengers, guests refrigerator or any other container of any or baggage to be transported or carried kind which has an airtight snaplock or in such a manner, without the consent of other device thereon without first the owner of such grounds or the person removing the said snaplock or doors in charge thereof. from said icebox, refrigerator or container. 10-1-15 Public Property; Injuring. 10-1-19 Keeping of Junk Any person who shall Restricted. negligently, willfully or maliciously It shall be unlawful for any injure, deface, pull down, change the person to store or keep, maintain or fail placement of, prohibit removal of, or in to completely remove and properly any manner break or destroy any traffic dispose of all junk on and visible from signage, signpost or board containing the beyond the property lines of property .name or number of any street in the owned, leased, occupied, maintained, Town, or who shall pull down, used, or controlled by such person for obliterate, deface or destroy any house more than thirty (30) days. All junk must or door number placed upon any house be removed within thirty (30) days of or door in the Town, or who shall placement. Junk for purposes of this mutilate, deface, destroy, or shall article is defined as the accumulation of attempt to move, mutilate, deface or in (1) any waste product; (2) discarded any manner damage any public fountain, furniture; (3) discarded glass, metal, water tank or tower, public art, public plastic or paper; (4) machinery parts, • exhibit, public bench, public including vehicles; (5) inoperative amphitheater, music stand, sidewalk or material wastes; (7) litter; (8) discarded path.or other property belonging to the or empty containers, except those in Town shall be guilty of a Class One authorized recycling containers; or (9) Misdemeanor. items that in their present state are of minimal value without being transported shall be governed by this Code. This or processed; which is not confined provision shall not apply to any items within ajunkyard as properly licensed intended for immediate use for sporting by the Town and in an appropriately or other recreational activities; to duly zoned area. sworn peace officers before, during or after the normal course of their duties; or 10-1-20 Willful Failure to to Town personnel if such an item is Return Library normally used as a tool within the course Property. of their duties. It shall be unlawful for . any person to willfully fail to return any 10-1-23 Penalties Unless book, pamphlet, record, magazine or otherwise specified, all violations of other property of any library located Chapter 10 of the Oro Valley Town within the municipal boundaries within Code, all violations of the Oro Valley five (5) calendar days after receipt of Zoning Code, all violations of the notice from the library demanding return adopted Building and Fire Codes and of such property. For purposes of this other Town Codes shall be designated as Section, any library record showing a class one misdemeanors. Any person notification being sent will be found guilty of violating this Code shall automatically admissible in any court be punished by a fine of not more than proceeding without any further action. two thousand five hundred dollars Any such mailing will be presumed by ($2,500.00); imprisonment for not more the court to be received by the person than one hundred eighty (180) days; or three (3) days after the date of such placed on probation up to three (3) years mailing. or any combination thereof. In the case of a minor person, the parents or legal 10-1-21 Expectorating on guardian shall be jointly and severably Sidewalks or in Public liable with the minor for the payment of Buildings. all fines and terms of probation. It shall be unlawful for any person to expectorate upon any of the 10-1-24 Impersonating a Police sidewalks or upon the floors of any Officer. indoor or outdoor theater, public No person shall impersonate or building, church or room used for public hold himself out to be a police officer of assemblies. Such violation shall be a this State, or use, wear or display an Class Two misdemeanor. insignia, badge or indicia of a peace officer of this State, as may be evidenced 10-1-22 Weapons in Parks or by the use of the words police, sheriff, Other Public Places federal agent on such various insignia; Prohibited. nor shall such person operate or permit It shall be unlawful for any to be operating a motor vehicle with a person to carry or otherwise possess a siren, or red light, blue light or white weapon anywhere within a public park light whether flashing or steady beam, in or public building. State Law shall conjunction with any insignia used by govern all firearm prohibition at a park peace officers of this State unless such or public building. All other weapons person is currently employed as a peace officer of this state.. 10-1-28 Weapons Near A School Prohibited. 10-1-25 Prohibited Use of Public It shall be unlawful for anyone to Right-of-Way. carry or otherwise possess any weapon It shall be unlawful for any as defined in the state statutes or Town person to use a public street, highway, Code within 250 feet of any school or alley, lane, parkway, sidewalk or other school grounds, public or private, right-of-way, whether such right-of-way located within the Town limits unless has been dedicated to the public in fee or such weapon is located within a private by easement or otherwise, for lying, residence already located within 250 feet sleeping or remaining in a sitting of any school or school grounds, and is position thereof, except in the case of a possessed by the authorized physical emergency or the owner/occupant. This provision also administration of medical assistance. shall not apply to areas such as a park where state law provisions regarding 10-1-26 Prohibited Use of Town firearms take precedence if such a Park Logo. is within 250 feet of a school. However, It shall be unlawful for any the person possessing such a firearm in person to manufacture, make, sell, such an area must comply with the design, transfer or use any item which current state law or this Code shall take has the Oro Valley Town logo contained effect. This provision shall apply on it without the express prior consent of whether the school is in session at the the Oro Valley Town Council or their time or not. This provision shall not designee, or, in an emergency situation, apply to any items intended for the approval of the Town Manager. Nor immediate use for sporting or other may any item or insignia, regardless of recreational activities; to any duly shape or design, which has the words qualified peace officer, or any Town or "Town" or "Oro" or "Valley", either school personnel for which the weapon used separately, together or in a is reasonably classified as a "tool" for combination which indicates a the scope of their duties. connection to an official Town sponsorship, be used without the prior 10-1-29 Town Property— approval of the Town Council or their Squatting on designee. This shall include election Prohibited. materials and/or publications. All persons entering upon, or assisting to enter upon; enclosing, or 10-1-27 Unlawful Parking assisting to enclose; locating, or assisting It shall be unlawful for a vehicle to locate upon; or in any manner to stand, stop, and park or otherwise connected with taking up, occupying, block, on all roads within the Town, enclosing or assisting to enclose, or public or private, any main traveled obstructing any property under the portion of any roadway. authority of the Town, for the purpose of taking possession, directly or indirectly, of anyof the vacant or unoccupied lands, simply on display as part of a regular or lands occupied by governmental exhibit open to the public or in the structures, owned, claimed or held in possession of a certified martial arts trust by the Town, or in conflict with the instructor to be used for teaching ordinances providing for and regulating purposes. the sale of public lands, owned, claimed or held in trust by the Town, shall be 10-1-31 Possession of Butterfly - guilty of a Class One Misdemeanor. Knives and Brass Knuckles Prohibited. 10-1-30 Throwing Stars and It.is unlawful for any person to Nunchuckas; Possession possess, store, own or give away any By Minors Prohibited; knife or cutting instrument with a blade Sale to Minors longer than one and one half inches Prohibited. opening on a central pivot and capable A. It is unlawful for any of being opened and locked by one hand person in this Town to sell, lend, or give (commonly known as a "butterfly to a minor, or to allow a minor to knife ) or any instrument designed to possess, any instrument, without slip onto the hand and commonly known handles, consisting of a metal plate as "brass knuckles" anywhere within the having three (3) or more radiating points town limits of Oro Valley unless such with one (1) or more sharp edges and items are part of a regular exhibit designed in. the shape of a polygon, capable of being viewed by the public or trefoil, cross, star, diamond, or any other are being used as a tool in the regular geometric shape that can be used as a course of employment. weapon for throwing. It is also unlawful for any person in this Town to sell, lend 10-1-32 Obstructing or give to a minor, or allow a minor to Government Operations possess, any instrument consisting of A person commits obstructing a two handles of any hard material government operation is such person connected by a chain, rope, wire or other knowingly obstructs, impairs or hinders: y connecting device, that can be used as a A. A governmental function weapon. by a public servant acting under color of B. It is unlawful for any his official authority; or minor in this Town to manufacture or B. The enforcement of the cause to be manufactured, imported into penal law or the preservation of the the Town, keep for sale, or offer or peace by a peace officer acting under expose for sale or give, lend or possess color of his official authority. any instrument as defined in subsection (a) of this Section. 10-1-33 Unlawful Use of 9-1-1 C. It is a defense to this Emergency Line. statute that the items in question are only It is unlawful for any person to being used in a martial arts class or dial the 9-1-1 line and hang up without tournament currently in session and speaking except for a serious medical properly sanctioned by the governing emergency. It is unlawful to use 9-1-1 body of such martial arts discipline. It is for a situation that is not an emergency if a defense to this charge if such items are such a person does so on more than one occasion within any ninety (90) day 1. To submit to public view period and has been previously the named areas without cover; or instructed not to call the number for the 2. To submit to public view purpose called for previously. the named areas with cover or less than one (1)layer of opaque covering. 10-1-34 Indecent Exposure. A. It shall be unlawful for 10-1-35 Loitering. any person to recklessly or willingly A person is guilty of loitering expose or display his or her anus, when he: buttocks, . genitals, pubic areas, areola 1. Loiters, remains or and/or the nipple of the female breast to wanders about in a public place for the view by any member of the public, or purpose of begging; or recklessly or willfully aid or assist in the 2. Loiters or remains in a exposure or display of another's anus, public place for the purpose of gambling buttocks, genitals, pubic areas, areola with cards, dice or other gambling and/or the nipple of the female breast in paraphernalia; or any place viewable by a member of the 3. Loiters or remains in a public, including police officers, public place for the purpose of engaging including, but not limited to, a street, or soliciting another person to engage in alleyway, driveway, right-of-way, deviate sexual intercourse or other parking lot, park, bus stop, hallways, sexual behavior of a deviate nature; or aisle, places of assembly whether indoor 4. Loiters or remains in or or outdoor, such as bingo halls, fairs, about a school, not having any reason or carnivals, businesses, swap meets, relationship involving custody of or museums, or any other place of public responsibility for a pupil or student, or accommodation, but not to include: any other specific, legitimate reason for 1. Regular or authorized being there, and not having written performers or performances on theater, permission from anyone authorized to concert hall, music hall or nightclub grant the same; or stages, or movie house screens, bars or 5. Whenever a peace officer restaurants, except as prohibited in other has reasonable suspicion that a person sections of this Code. has violated a federal law, state law or B. It shall be no defense that town code provision, that person shall the viewer or viewers: provide proof of identity upon request 1. Consented to the Proof of identity shall be defined as that exposure or display; or described in Arizona Revised Statute 28- 2. Voluntarily subjected 1595 (b) or its progeny; or himself or herself to the exposure or 6. Loiters or remains in any display; or transportation facility, unless specifically 3. Was not, or were not, authorized to do so, for the purpose of annoyed, offended, shocked or outraged soliciting or engaging in any business, by the exposure or display. trade or commercial transaction C. In this Section, unless the involving the sale of merchandise or context requires otherwise, "exposure or services; or for the purpose of display" means: entertaining persons by singing, dancing or playing any musical instrument; or 7. Loiters or remains in any transportation facility, bus stop, etc. or is 10-1-38 Open Container in found sleeping therein, and is unable to Public Prohibited. give a satisfactory explanation of his It is unlawful for any person to presence; or consume an alcoholic beverage in 8. Loiters or remains in any public, or to be in possession of any place with one (1) or more persons for open container of an alcoholic beverage the purpose of lawfully using or in public without a proper permit. For possessing marijuana, or a narcotic or purposes of this Section, non-alcoholic dangerous drug as defined in Arizona beers are included within the definition Revised Statute 13-3400 et. seq. or its of alcoholic beverages as they do contain progeny. minute traces of alcohol and to aid in the enforcement of this Section by avoiding 10-1-36 Narcotics—Keeping the taking of samples of and analysis of Paraphernalia; Acting every beverage. "In public" shall As Lookout. include the common areas of apartment If any person shall keep or complexes in its definition. A person exhibit any box, pipe, cup, hypodermic located on their private balcony area of needle, thing, or apparatus used for an apartment building is not considered unlawfully smoking, eating, inhaling, to be"in public". injecting or consuming any substance defined as a narcotic by A.R.S. §13- 3401, or if any person shall act as a 10-1-39 Severability lookout or tender at any place where Should any portion of any such acts are practiced or carried on, s/he provision of the Oro Valley Town Code shall be guilty of a misdemeanor. be found to be unconstitutional by a court of competent jurisdiction, that 10-1-37 Same--Seizure, provision or portion of any provision Destruction of shall be severable and not affect the Paraphernalia. validity of the remaining portions of the It shall be the duty of the police provision or other provisions. officers of the Town to seize and safely keep all cups, pipes, apparatus, boxes, hypodermic needles and things used for the purpose of unlawfully eating, smoking, inhaling, injecting or otherwise consuming any substance defined as a narcotic by A.R.S. §13-3401, and produce the same in court. Such articles shall be retained until the final disposition of any case in which they may be required as evidence, to be then destroyed by order of the court; but nothing herein contained shall prevent the destruction of such articles no longer required to be retained as evidence. ARTICLE 10-6 used to make permanent marks on any ANTI-GRAFFITI natural or man-made surface. D. Graffiti means any 10-6-1 Reserved unauthorized inscription, word, figure, 10-6-2 Definitions painting or other defacement that is 10-6-3 Prohibited Acts written, marked, etched, scratched, 10-6-4 Accessibility to Graffiti sprayed, drawn, painted, or engraved on Implements or otherwise affixed to any surface of 10-6-5 Penalties public or private property by any graffiti 10-6-6 Rewards and implement, to the extent that the graffiti Reimbursement for was not authorized in advance by the Information owner or occupant of the property, or, 10-6-7 Graffiti as Nuisance despite advance authorization, is 10-6-8 Removal of Graffiti by otherwise deemed a public nuisance by Perpetrator the Town Council. 10-6-9 Removal of Graffiti by E. Graffiti implement means Property Owner or an aerosol paint container, a broad- Town tipped marker, gum label, paint stick or 10-6-10 Ease of Removal graffiti stick, etching equipment, or Provisions brush . 10-6-11 Prevention Provisions F. Paint stick or graffiti stick 10-6-12 Trust Fund means any device containing a solid form of paint, chalk, wax, epoxy, or 10-6-1 Reserved other similar substance capable of being applied to a surface by pressure and 10-6-2 Definitions. leaving a mark of at least one-eighth For therP u oses of this Code, (1/8t) of an inch in width. p the following words shall have the G. Person means any meanings respectively ascribed to them individual, partnership, cooperative in this Section, except where the context association, private corporation, personal clearly indicates a different meaning: representative, receiver, trustee, assignee A. Aerosol paint container or any other legal entity. means any aerosol container that is adapted or made for the purpose of 10-6-3 Prohibited Acts. applying spray paint or other substances A. Defacement. It shall be capable of defacing property. unlawful for any person to apply graffiti B. Broad-tipped marker to any natural or man-made surface on means anytip felt indelible marker or any Town-owned property, or, without similar implement with a flat or angled the permission of the owner or occupant, writing surface that, at its broadest on any non-Town-owned property. width, is greater than one-fourth (1/4t) B. Possession of Graffiti of an inch, containing ink or other Implements: pigmented liquid that is not water 1. By Minors at or Near soluble. School Facilities. It shall be unlawful C. Etching equipment means for any person under the age of eighteen any tool, device, or substance that can be (18) years to possess any graffiti implement while on anyschool property, eighteen (18) years without the written p P p grounds, facilities, buildings, or consent of the parents or guardian of the structures, or in areas immediately person. adjacent to those specific locations upon B. Display and Storage. public property, or upon private property 1. Every person who owns, without the prior written consent of the conducts, operates, or manages a retail owner or occupant of such private commercial establishment selling property. The provisions of this Section aerosol paint containers, paint sticks, or shall not apply to the possession of broad tipped markers shall store the broad-tipped markers or other containers, sticks or markers in an area instruments by a minor attending or continuously observable, through direct travelling to or from a school at which visual observation of surveillance the minor is enrolled if the minor is equipment, by employees of the retail participating in a class at the school that establishment during the regular course formally requires the possession of of business. broad-tipped markers or other such 2. In the event that a instruments. The burden of proof in any commercial retail establishment is prosecution for violation of this Section unable to store the aerosol paint shall be upon the minor student to containers, paint sticks, or broad-tipped establish the need to possess a broad- markers in an area as provided above, tipped marker. the establishment shall store the containers, sticks, and markers in an area 2. In Designated Public not accessible to the public in the regular Places. It shall be unlawful for any course of business without employee person to possess any graffiti implement assistance. while in or upon any public facility, C. Signage Required. Every park, playground, swimming pool, person who operates a retail commercial recreational facility, or other public establishment selling graffiti implements building or structure owned or operated shall: bythe Town or while in or within fifty 1. Place a sign in clear, (50) feet of an underpass, bridge public view at or near the display of such abutment, storm drain, or similar types products stating: "Graffiti is against the of infrastructure unless otherwise law. Any person who defaces real or authorized by the Town. personal property with paint or any other liquid or device is guilty of a crime 10-6-4 Accessibility to Graffiti punishable by imprisonment of up to 180 Implements. days and/or a fine up to $2,500.00." A. Furnishing to Minors 2. Place a sign in the direct Prohibited. It shall be unlawful for any view of such persons responsible for person, other than a parent or legal accepting customer payment for graffiti guardian to sell, exchange, give, loan, or implements stating: "Selling spray otherwise furnish, or cause to permit to paint, paint sticks, or broad-tipped be exchanged, given, loaned, or markers to persons under 18 years of age otherwise furnished, any aerosol paint is against the law and punishable by a container, broad-tipped marker, or paint fine of$2,500.00." stick to any person under the age of 10-6-5 Penalties. concerning forfeitures of personal A. Fines and Imprisonment. property. In any forfeiture proceeding Any person violating this Code shall be under this Section, the court shall not punished by a fine of not less than order a forfeiture unless it finds that the twenty five dollars ($25.00) for the first forfeiture is commensurate with the offense; five hundred dollars ($500.00) severity of the violation to the extent for the second offense; and one thousand required by the Arizona and United dollars ($1,000.00) for each subsequent States constitutions. offense, or by imprisonment in jail or D. Community Service. In probation or by both fine and lieu of, or as part of, the penalties imprisonment and probation at the specified in this Section, a minor or adult discretion of the court. may be required to perform community 1. In the case of a minor, the service as described by the court based parents or legal guardian shall be jointly on the following minimum requirements: and severably liable with the minor for 1. The minor or adult shall payment of all fines. perform at least thirty (30) hours of 2. Failure of the parents or community service within the Town legal guardian to make payment may boundaries of Oro Valley. result in the filing of a lien on the 2. At least one parent or parent's or legal guardian's property that guardian of the minor shall be in includes the fine and administrative attendance a minimum of fifty percent costs. (50%) of the period of assigned 3. Upon an_application and community service. finding of indigence, the court may 3. The entire period of decline to order fines against the minor, community service shall be performed parents or guardian. under the supervision of a community B. Restitution. In addition service provider approved by the Chief to any punishment specified in this of Police. Section, the court shall order any 4. Reasonable effort shall be violator to make restitution to the victim made to assign the minor or adult to a for damages or loss caused directly or type of community service that is indirectly by the violator's offense in the reasonably expected to have a amount or manner determined by the rehabilitative effect on the minor or court. In the case of a minor, thep arents adult, including community service that or legal guardian shall be ordered jointly involves graffiti removal. and severably liable with the minor to 5. Any minor determined to make the restitution. be a ward of the court under Arizona C. Forfeiture of Personal State law as a result of committing an Property. All personal property, offense in the Town shall be required, at including, but not limited to, the Town's option, to perform automobiles, motorcycles and bicycles, community service, including graffiti used or intended to be used in violating removal service of not less than thirty this Code shall be forfeitable to the (30) hours nor more than eighty (80) Town. In forfeiting such personal hours. property, the Town shall follow the E. Civil Responsibility for procedures outlined in State statutes Damages for Wrongful Sale, Display or Storage. Any person who sells, displays investigates and verifies the accuracy of or stores, or permits the sale, display or the claim and determines that the storage, of graffiti implements in requirements of this Section have been violation of the provisions of this Code satisfied. shall be personally liable for all costs, D. The Town shall including attorney's fees and court costs, reimburse to any person reporting by incurred by any party in connection with means of a mobile or cellular phone an the removal of graffiti, or such party's act of graffiti vandalism or existence of prosecution of a civil claim for graffiti within the Town the amount of reimbursement or damages resulting the direct phone charges, exclusive of from such graffiti removal or property taxes, incurred by the person. repair, arising from the use by any person of such wrongfully sold, 10-6-7 Graffiti As Nuisance. displayed or stored graffiti implement in A. The existence of graffiti violation of the provisions of this Code, on public or private property in violation provided that such liability shall not of this Code is expressly declared to be a exceed two thousand five hundred public nuisance and; therefore, is subject dollars ($2,500.00). to the removal and abatement provisions specified in this Code. 10-6-6 Rewards and B. It is the duty of both the Reimbursements for owner of the property to which the Information. graffiti has been applied and any person A. Pursuant to this Section who may be in possession or who has of the Town Code, the Town may offer a the right to possess such property to at reward in an amount to be established by all times keep the property clear of resolution of the Town Council for graffiti. information leading to the identification and apprehension of any person who 10-6-8 Removal of Graffiti by willfully damages or destroys any public Perpetrator. or private property by the use of graffiti. Any person applying graffiti on The local police department shall public or private property shall have the administer such reward program. In the duty to remove the graffiti within event of damage to public property, the twenty-four (24) hours after notice by offender or the parents or legal guardian the Town or private owner of the of any unemancipated minor must property involved. Such removal shall reimburse the Town for any reward paid. be done in a manner prescribed by the In the event of multiple contributors of Chief of Police, the Director of the information, the Town in the manner it Department of Public Works, or any shall deem appropriate shall divide the additional Town department head, as reward amount. authorized by the Town Council. Any B. Claims for rewards under person applying graffiti shall be this Section shall be filed with the Town responsible for the removal or for in the manner specified by the Town payment of the removal. Failure of any Council. person to remove graffiti or pay for the C. No claim for a reward removal shall constitute an additional shall be allowed until the Town violation of this Code. Where an unemancipated minor applies graffiti, requirements of subsection A above the parents or legal guardian shall also shall not apply if the property owner or be responsible for such removal or for responsible party can demonstrate that: the payment for the removal. 1. The property owner or responsible party lacks the financial 10-6-9 Removal of Graffiti By ability to remove the defacing graffiti; or Property Owner or 2. The property owner or Town. responsible party has an active program If graffiti is not removed by the for the removal of graffiti and has perpetrator according to Section 10-6-8, scheduled the removal of the graffiti as graffiti shall be removed pursuant to the part of that program, in which case it following provisions: shall be unlawful to permit such property A. Property Owner to remain defaced with graffiti for a Responsibility. It is unlawful for any period of fifteen (15) days after service person who is the owner or who has by First Class Mail of notice of the primary responsibility for control of defacement. property or for repair or maintenance of C. Right of Town to property in the Town to permit property Remove. that is defaced with graffiti to remain 1. Use of Public Funds. defaced for a period of ten (10) days Whenever the Town becomes aware or after service by First Class Mail of is notified and determines that graffiti is notice of the defacement. The notice located on publicly or privately-owned shall contain the following information: property viewable from a public or 1. The street address and quasi-public place, the Town shall be legal description of the property authorized to use public funds for the sufficient for identification of the removal of the graffiti, or for the property; painting or repairing of the graffiti, but 2. A statement that the shall not authorize or undertake to property is a potential graffiti nuisance provide for the painting or repair of any property with a concise description of more extensive an area than where the the conditions leading to the finding; graffiti is located, unless the Town 3. A statement that the Manager, or the designee of the Town graffiti must be removed within ten (10) Manager, determines in writing that a days after receipt of the notice, and that more extensive area is required to be if the graffiti is not abated within that repainted or repaired in order to avoid an time, the Town will declare the property aesthetic disfigurement to the to be a public nuisance, subject to the neighborhood or community, or unless abatement procedures in Town Code the property owner or responsible party Section 10-6-9; and agrees to pay for the costs of repainting 4. An information sheet or repairing the more extensive area. identifying any graffiti removal 2. Right of Entry on Private assistance programs available through Property. Prior to entering upon private the Town and private graffiti removal property or property owned by a public contractors. entity other than the Town for the B. Exceptions to Property purpose of graffiti removal, the Town Owner Responsibility. The removal shall attempt to secure the consent of the property owner or responsible party and the Hearing Officer after the due process a release of the Town from liability for hearing shall be final and not appealable. property damage or personal injury. If If, after the due process hearing, the property owner or responsible party regardless of the attendance of the owner fails to remove the offending graffiti or the responsible party or their within the time specified by this Code, respective agents, the Hearing Officer or if the Town has requested consent to determines that the property contains remove or paint over the offending graffiti viewable from a public or quasi- graffiti, and the property owner or public place, the Hearing Officer shall responsible party has refused consent for give written notice in an eradication entry on terms acceptable to the Town order that, unless the graffiti is removed and consistent with the terms of this within ten (10) days, the Town shall Section, the Town shall commence enter upon the property, cause the abatement and cost recovery proceedings removal, painting over (in such color as for the graffiti removal according to the shall meet with the approval of the provisions specified below. Hearing Officer), or such other D. Abatement and Cost eradication thereof as the Hearing Recovery Proceedings. Officer determines appropriate, and shall 1. Notice of Due Process provide the owner and the responsible Hearing. The Town Manager, or the party thereafter with an accounting of designee of the Town Manager, serving the costs of the eradication effort on a as the Hearing Officer, shall provide the full cost recovery basis. property owner of record and the party 3. Eradication Effort. Not responsible for the maintenance of the sooner than the time specified in the property, if a person is different than the order of the Hearing Officer, the Town owner, not less than forty-eight (48) Manager, or the designee of the Town hours notice of the Town's intent to hold Manager, shall implement the a due process hearing at which the eradication order and shall provide an property owner or responsible party shall accounting to the owner and the be entitled to present evidence and argue responsible party of the costs thereof. that the property does not constitute a 4. Cost Hearing. The owner public nuisance. Notice shall be deemed or responsible party may request a cost to be completed if served by First Class hearing before the Hearing Officer on Mail. There shall be a presumption that the eradication accounting, and the mail was delivered in any legal appropriate due process must be proceeding. If the owner of record extended to the owner or responsible cannot be found after a diligent search, party. If following the cost hearing, or if the notice may be served by posting a no hearing is requested, after the copy thereof in a conspicuous place implementation of the eradication order, upon the property for a period of ten (10) the Hearing Officer determines that all days and publication thereof in a or a portion of the costs are newspaper of general circulation appropriately chargeable to the published in the area in which the eradication effort, the total amount set property is located. forth in the eradication accounting, or an 2. Determination of the amount thereof determined as Hearing Officer. The determination of appropriate by the Hearing Officer, shall be due andPaY able by the owner or 3. The Town's right to responsible partywithin thirty (30) days. remove graffiti or to paint the P Any amount of eradication charges encroaching object; or assessed by the Hearing Officer that are 4. The permittee's providing less than the total amount set forth in the the Town with sufficient matching paint eradication accounting shall be and/or anti-graffiti material on demand explained by written letter from the for use in the painting of the encroaching Hearing Officer to the Town Council. object containing graffiti. 5. Lien. As to such property C. Condition Tentative where the responsible party is the Maps. In approving tentative or parcel property owner, if all or any portion of maps, conditional use permits, variances, the assessed eradication charges remain or other similar land use entitlements, after unpaid thirtyda s, pursuant to the Town shall consider imposing any or P Y the authority created by State law, the all of the following conditions, or other portion thereof that remains unpaid shall similar or related conditions, at the constitute a lien on the property that was public hearing required by law for the subject of the eradication effort. The approval of the tentative or parcel map, Director of Public Works shall present a conditional use permit, variance or other Resolution of Lien to the Town Council, similar land use entitlement. and upon passage and adoption thereof 1. Use of Anti-Graffiti shall cause a certified copy of the Lien to Material. Developer shall apply an anti- be recorded with the Town Clerk's graffiti material of a type and nature that Office. is acceptable to the Town Manager, or the designee of the Town Manager, to 10-6-10 Ease of Removal the publicly viewable surfaces on the Provisions. improvements to be constructed at the A. Common Utility Colors site deemed by the Town Manager, or and Paint-type. Any gas, electric, designee, to be likely to attract graffiti; telephone, water, sewer, cable, telephone 2. Right of Access to and other utility operating o eratin in the Town Remove Graffiti. Developer shall shallP aint its above-surface metal permanently grant, prior to resale of any fixtures with a uniformP aint type and of the parcels that are within the territory color that meets with the approval of the of the map, the right of entry over and Town Manager. access to such parcels, upon forty-eight B. Condition Encroachment (48) hours posting of notice by Permits. All encroachment permits authorized Town employees or agents,to issued by the Town shall, among such the Town for the purpose of removing or other things, be conditioned on: painting over graffiti; 1. TheP ermittee's application 3. Supply Town with of an anti-graffiti material to the Graffiti-Removal Material. Developer encroaching object of a type and nature shall, for a period of two (2) years after that is acceptable to the Town Manager, the resale of the final lot, provide the or the Town Manager's designee; Town with sufficient matching paint 2. Thep ermittee's immediate and/or anti-graffiti material on demand removal of anygraffiti. for use in the painting over or removal of graffiti; or 4. Owner to Immediately abatement hearing, at the discretion of Remove Graffiti. Developer shall, either the Hearing Officer. as part of the general conditions, 1. At Owner's Expense. covenants and restrictions, or separate Any surface of a structure on a parcel of covenants recorded against individual land for non-residential purposes that lots, prior to resale of any of the parcels, has been defaced with graffiti equal to or covenant in a form satisfactory to the more than five (5) times in twelve (12) Town that the owner of the lots shall months shall be declared a public immediately remove any graffiti placed nuisance and required to be retrofitted, at thereon. the cost of the property owner, with features or qualities as may be 10-6-11 Prevention Provisions. established by the Town as necessary to A. Design of Potential reduce the attractiveness of the surface Graffiti-Attracting Surfaces. Any for graffiti, or as necessary to permit applicant for design review approval, more convenient or efficient removal of conditional use permit, special use graffiti. In exercising the authority permit, unclassified use permit, hereunder, the Town may not impose a development agreement, or other form of cost on the property owner of greater development or building permit shall, to than two thousand five hundred dollars the extent deemed feasible by the Town ($2,500.00.). Manager, or the designee of the Town 2. At Town's Cost. The Manager, have designed any building owner of property used for non- structures visible from any public or residential purposes on which is located quasi-public place in such a manner to a surface of a structure that has been consider prevention of graffiti, defaced with graffiti equal to or more including, but not limited to the than five (5)times in twelve(12) months following: shall permit the Town to enter the 1. Use of a protective property and, at the Town's cost, make coating to provide for the effective and modifications as necessary to reduce the expeditious removal of graffiti; attractiveness of the surface for graffiti, 2. Use of additional or as necessary to permit more lighting; convenient or efficient removal of 3. Use of non-solid fencing; graffiti. 4. Use of landscaping designed to cover large expansive walls, 10-6-12 Trust Fund. such as ivy or similar clinging The Town Council hereby vegetation; or creates the Town of Oro Valley Anti- 5. Use of architectural Graffiti Trust Fund. Penalties assessed design to break up long, continuous against violators of this Code shall be walls or solid areas. placed in the fund, along with any B. Retro-Fit Existing monetary donations received from Graffiti-Attracting Surfaces; Non- persons wishing to contribute to the Residential Structures. The following fund. The Council shall direct the provisions may be incorporated in a expenditures of monies in the fund. graffiti eradication order during an Such expenditures shall be limited to the payment of the cost of graffiti removal, the payment, at the discretion of the Town Manager, or his designee, of rewards for information leading to the conviction of violation of the Code, the costs of administering the Code, and such other public purposes as may be approved by the Council by resolution. ARTICLE 10-7 REGULATING PICKETING OF A It shall be unlawful to picket any private PRIVATE RESIDENCE IN residence for any reason except as RESIDENTIALLY ZONED provided for elsewhere within this DISTRICTS article. 10-7-1 Definitions 19-7-3 Exemptions. 10-7-2 Picketingof Private Nothing herein shall prohibit: Residence Prohibited A. The picketing of a as the Exemptions residence which is used 10-7-3 p 10-7-4 Time Restrictions occupant's sole place of business. 10g -7-5 Warnin B. The picketing of a. , 10-7-6 Defense to Prosecution residence used as a place of public 10-7-7 Penalty meeting; C. A person or group of persons from marching in a residential zoned area without stopping at a 10-7-1 Definitions. particular private residence; or A. Directed, focused, or D. A person or group of targeted at means that a particular persons from marching in a residential private residence or any of its occupants zoned area on a defined route without has been made the sole object of stopping at any particular residence or picketing and that the picketing takes residences. place directly in front of the particular private residence or the private residence 10-7-4 Time Restrictions. on either targeted r side of the tar eted residence. Picketing in residential zoned B. Picket means to station or areas is permitted only during the post one or more persons, with or following hours: without a sign, before or about a A. Monday through Friday particular residence. 9:00 a.m. to 12 Noon C. Private residence means B. Saturday -a - sin lefamil duplex, or multi-family 9:00 a.m. to 5:00 p.m. single-family, dwelling. C. Sunday D. Reserved 1:00 p.m. to 5:00 p.m. E. Residential zoned district means a section of the 10-7-5 Warning Town, which the General Before a person may be arrested Plan has designated, for for violating Section 10-7-2, the person single-family, duplex, or must have been ordered to move, g � multi-familydwellings. disperse, or otherwise remedy the violation by: A. A police officer; B. A member of the fire department; or • C. A person with authority 10-7-2 Picketing of Private Residence Prohibited. to control the use of the residence which is the "focus" or "target" of the picketing. 10-7-6 Defense to Prosecution. It is a defense to prosecution under this Section that a person: A. Was not given a warning as provided in Section 10-7-5; or B. Promptly obeyed a warning as provided in Section 10-7-5. 10-7-7 For Penalty Provision; See Section 10-1-23 ARTICLE 10-8 LASER POINTERS 10-8-2 Definitions. In this Code, the following words 10-8-1 Purpose and Intent and terms shall have these defined 10-8-2 Definitions meanings; 10-8-3 Reserved A. Town is the Town of Oro 10-8-4 Prohibited Uses Valley. 10-8-5 Use on Law B. Knowingly means having Enforcement and Other general knowledge of, or reason to Town Personnel know, or a belief or ground for belief Unlawful which warrants further inspection or 10-8-6 Penalty inquiry of the age of a minor. C. Laser pointer means any 10-8-1 Purpose and Intent. hand-held device containing a small The Town Council of Oro Valley diode laser that is capable of emitting an enacts this Code to address public safety, intense beam of light. health and nuisance concerns created by D. Minor means an the mishandling of laser pointer devices. unemancipated person less than eighteen The Council finds that: (18)years of age. A. The Federal Drug E. Person means an Administration and other agencies have individual, partnership, cooperative issued warnings on the misuse of laser association, private corporation, personal pointers, particularly in connection with representative, trustee, receiver, assignee minors; or any other legal entity. B. Laser pointer misuse has been associated with visual impairment, 10-8-3 Reserved. such as temporary "flashblindness", , headaches and "afterimages"; 10-8-4 Prohibited Uses. C. In addition to visual A. It shall be unlawful for impairment, exposure to lasers can cause any person to direct the light from a laser temporary distraction or panic, posing pointer into the eye or eyes of another P � the potential for serious physical harm in person. some cases; B. It shall be unlawful for D. Laser pointer beams have any person to direct the light from a laser been misused by minors and others to pointer upon another person, a person's distract, harass, alarm or annoy persons vehicle, or upon an animal, without or animals, and can be mistaken for the consent. laser sighting device of a firearm; and C. This Section shall not g g E. Laser pointer use with the apply to: Town threatens public peace, safety and 1. A person who is licensed welfare, and should be regulated. or otherwise authorized by law to use a laser device in the person's profession if The Council enacts this Code the laser device is used by the person in pursuant to its police powers, as discharging or attempting to discharge specified in the Arizona Revised the person's official duties; or Statutes. 2. A law enforcement officer who uses a laser device in discharging or attempting to discharge the officer's official duties. 10-8-5 For Penalty Provision; See Section 10-1-23. ARTICLE 10-9 HANDBILLS they do not wish to be solicited by such 10-9-1 Intent and Purpose persons or do not desire to receive 10-9-2 Definitions handbills or advertising matter; 10-9-3 Posting Notice, Placard, B. To protect the people Bill,Etc.,Prohibited against the health and safety menace and 10-9-4 Throwing Handbills in the expense incident to the littering of Public Places Prohibited the streets and public places by the 10-9-5 Placing Handbills In or promiscuous and uncontrolled Upon Vehicles distribution of advertising matter and 10-9-6 Distribution of commercial and non-commercial Handbills on handbills; and Uninhabited or Vacant C. To preserve the people's Private Premises constitutional right to receive and Prohibited disseminate information. 10-9-7 Distribution of Handbills Where 10-9-2 Definitions. Prohibition Properly The following words, terms and Posted phrases, when used in this Code, have 10-9-8 Distribution of the meanings ascribed to them in this Handbills at Private Section, except where the context clearly Premises; Exemption indicates a different meaning: 10-9-9 Handbills Depicting A. Commercial handbill Certain Matter shall mean and include any printed or Prohibited written matter, any sample or device, 10-9-10 Existing Ordinances circular, leaflet, pamphlet, paper, Not Affected booklet, or any other printed or 10-9-11 Penalty otherwise reproduced original or copies of any matter or literature: 10-9-1 Intent and Purpose. 1. Which advertises for sale The Town Council of the Town any merchandise, product, commodity, of Oro Valley finds and declares that to or thing; protect the people against the nuisance 2. Which directs attention to of and incident to the promiscuous any business or mercantile or distribution of handbills and circulars, commercial establishment, or other with the resulting detriment and danger activity, for the purpose of either directly to public health and safety, the public or indirectly promoting the interests interest, convenience and necessity thereof by sales; requires the regulation thereof and to 3. Which directs attention to that end the purposes of this Code are or advertises any meeting, theatrical specifically declared to be as follows: performance, exhibition, or event of any kind, for which an admission fee is A. To protect local residents charged for the purpose of private gain against trespassing by solicitors, or profit; but the terms of this clause canvassers or handbill distributors upon shall not apply where an admission fee is the private property of such residents if charged or a collection is taken up for they have given reasonable notice that the purpose of defraying the expenses incident to such meeting, theatrical aforesaid definitions of a commercial performance, exhibition, or event of any handbill or a newspaper. kind, when either of the same is held, D. Obscene means material given or takes place in connection with which depicts or describes sexual the dissemination of information which conduct that is objectionable or is not restricted under the ordinary rules offensive to accepted standards of of decency, good morals, public peace, decency which the average person, safety and good order; provided, that applying contemporary community nothing contained in this clause shall be standards would find, taken as a whole, derived to authorize the holding, giving appeals to prurient interests or material or taking pan of meeting, theatrical which depicts or describes, in a patently y g performance, exhibition, or event of any offensive way, sexual conduct kind without a license, where such specifically defined by the applicable license is or may be required by any law State law, which, taken as a whole, lacks of this State, or under any ordinance of serious literary, artistic, political, or this Town; or scientific value. 4. Which, while containing E. Person shall mean and reading matter other than advertising include any person, firm, partnership, matter, is predominantly and essentially association, corporation, company or an advertisement, and is distributed or organization of any kind. circulated for advertising purposes, or F. Private premises shall for the private benefit and gain of any mean and include any dwelling, house, person so engaged as advertiser or building, or other structure, designed or distributor. This shall not apply to used either wholly or in part for private political materials. residential purposes, whether inhabited, B. Newspaper shall mean uninhabited or vacant, and shall include and include any newspaper of general any yard, grounds, walk, driveway, circulation as defined by general law, porch, steps, vestibule or mailbox any newspaper duly entered with the belonging or appurtenant to such United States Postal Service, in dwelling, house, building, or other accordance with federal statute or structure. regulation, and any newspaper filed and G. Public place shall mean recorded with any recording officer as and include any and all streets, provided by general law; and, in addition boulevards, avenues, lanes, alleys, or thereto, shall mean and include any other public ways, and any and all public periodical or current magazine regularly parks, squares, spaces, plazas, business published with not less than four issues parking lots, grounds, and buildings. per year, and sold to the public. C. Non-Commercial handbill shall mean and include any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the 10-9-3 Posting Notice, Placard, non-commercial handbill in or upon any Bill,Etc.,Prohibited. automobile or other vehicle. The No erson shall post, stick, provisions of this Section shall not be P stamp, paint or otherwise affix, or cause deemed to prohibit the handing, the same to be done by any person, any transmitting or distributing of any notice, placard, bill, card, poster, commercial or non-commercial handbill advertisement or other paper or device to the owner or other occupant of any calculated to attract the attention of the automobile or other vehicle, who is public, to or upon any sidewalk, willing to accept the same. crosswalk, curb or curbstone, flagstone, or any other portion or part of any public 10-9-6 Distribution of way or public place, or any lamp post, Handbills on electric light, telegraph, telephone or Uninhabited or Vacant trolley line pole, or railway structure, Private Premises hydrant, shade tree or tree-box, or upon Prohibited. the piers, columns, trusses, girders, It shall be unlawful for any railings, gates or other parts of any person to distribute, deposit, place, public bridge or viaduct, or other public throw, scatter or cast any commercial or structure or building, or upon any pole, non-commercial handbill in or upon any box -or fixture of the fire alarm except private premises which are uninhabited such as may be authorized or required by or vacant. the laws of the United States, or the State of Arizona, and the Ordinances of 10-9-7 Distribution of the Town. Handbills Where Prohibition Properly 10-9-4 Throwing Handbills in Posted. Public Places It. shall be unlawful for any Prohibited. person to distribute, deposit, place, It shall be unlawful for any throw, scatter or cast any commercial or person to deposit, place, throw, scatter or non-commercial handbill upon any cast any commercial or non-commercial premises, if requested by anyone thereon handbill in or upon any public place not to do so, or if there is placed on said within the Town. Provided, however, premises in a conspicuous position near that it shall not be unlawful for any the entrance thereof, a sign bearing the person to hand out or distribute, without words: "No Trespassing", "No Peddlers charge to the receiver thereof, any or Agents", "No Advertisements", or commercial or non-commercial handbill any similar notice, indicating in any in any public place to any person willing manner that the occupants of said to accept such handbill. premises do not desire to be molested or to have their right of privacy disturbed, 10-9-5 Placing Handbills In or or to have any such commercial or non- Upon Vehicles commercial handbills left upon such Prohibited. premises. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or 10-9-8 Distributing Handbills A. Which is reasonably At Private Premises; likely to incite or to produce imminent Exceptions. lawless action; or A. No person shall throw, B. Which is obscene or deposit, or distribute any commercial or unlawful. non-commercial handbill in or upon private premises except by handing or 10-9-10 Existing Ordinances transmitting any such handbill directly to Not Affected. the owner, occupant, or other person This Code shall not be deemed to then present in or upon such private repeal, amend or modify any Ordinance premises; provided, that, except where ever ordained, either prohibiting, the premises are posted as provided in regulating or licensing canvassers, this Code or where anyone upon the hawkers, peddlers, transient merchants, premises requests otherwise, a person or any person using the public streets or may place or deposit any such places for any private business or commercial or non-commercial handbill enterprise, or for commercial sales, not in or upon such private premises, if such covered herein. handbill is contained in a plastic bag ventilated with airholes throughout the 10-9-11 For Penalty Provision; surface of the bag, or unventilated See Section 10-1-23. plastic bag no greater than six (6) inches in width, or if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places. Mailboxes may not be so used when so prohibited by federal postal law regulations. B. The provisions of this Section shall not apply to the distribution of mail by the United States or to newspapers; except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property. 10-9-9 Handbills Depicting Certain Matter Prohibited. It shall be unlawful for any person to post, hand out, distribute or transmit any sign, or any handbill: ARTICLE 10-10 B. Premises shall be posted LOUD OR UNRULY GATHERINGS with a notice as provided in this section each time an unruly gathering occurs. In 10-10-1 Definition — Loud the event that premises are already Gathering Unlawful. posted at the time of the subsequent An unruly gathering is a posting, the one hundred twenty day gathering of five (5) or more persons on period from the date of the existing any private property, including property posting shall be extended to one hundred used to conduct business, in a manner twenty days from the date of the which causes a disturbance of the quiet subsequent posting. Once premises are enjoyment of private or public property initially posted as a result of an unruly by any person or persons, and shall be gathering and the conduct causing the unlawful. Such disturbances include, gathering to be unruly has ceased, a but are not limited to, excessive noise or resumption of unruly behavior on the traffic, obstruction of public streets by premises resulting in another police crowds or vehicles, drinking in public, response shall constitute a new and the service of alcohol to minors or separate unruly gathering for the consumption of alcohol by minors, purposes of this article. fighting, disturbing the peace, and C. The owner, occupant, or littering. An unruly gathering may be tenant of the posted premises shall be abated by reasonable means including, responsible for ensuring that the notice is but not limited to, citation or arrest of not removed, moved, defaced or violators under applicable ordinances or concealed. The removal, movement, state statutes, including this one. defacement, or concealment of a posted notice shall be a civil infraction carrying 10-10-2 Notice of Unruly a penalty of a minimum mandatory two Gathering Posting. hundred dollar ($200.00) fine, in A. The premises at which the addition to any other penalties which unruly gathering occurs shall be posted may be imposed under this article. The with a notice stating that the intervention owner, occupant or tenant of the of the police has been necessitated by premises or sponsor of the event the occurrence of an unruly gathering at constituting the unruly gathering, if the premises. The notice shall state the present, shall be consulted as to the date of the police intervention, and that location in which such notice is posted any subsequent unruly gathering on the in order to achieve the security of the same premises within a one hundred and notice and to provide for its prominent twenty (120) day period shall result in display. liability for the penalties provided for in D. An owner, occupant or -this article. Parties liable include any tenant of the posted premises may persons in attendance causing the contest the posting of the notice by filing gatheringto be unruly, or any owner, a written application for hearing with the occupant or tenant of the premises at Oro Valley Magistrate Court requeting which the unruly gathering occurred, or that the court determine whether any sponsor of the event constituting the justification existed for posting of the unruly gathering. notice under the provisions of this article. The application shall be filed initial twenty-day ten (10) days after the period shall be a civil posting of the notice, or, if the notice is infraction. The following parties, if within ten (10) da s after found responsible for such an infraction, given by mail, Y notice, and in no shall be liable for the penalties provided mailing the circumstances thereafter. The court shall for in Section 10-10-5. set a time and ate for a hearingto be held 1. The owner of the property not later than thirty (30) da. s after where the unruly gathering occurred, Y receipt of the written application for a provided that notification of posting was hearing and shall notifyboth the mailed to the owner of the property as applicant and the town prosecutor's provided for in Section 10-10-3, and that office of the hearing date. At the the unruly gathering occurred not less Town shallprove bya than two (2) weeks after the mailing of hearing, the preponderance of theevidencethat the such notification. P posting of the notice was justified 2. The owner, occupant or pursuant to t provisions rovisions of this article. tenant of the property where the unruly gathering occurred. 10-10-3 Notification of Property 3. The person or persons Owner. who organized or sponsored the event Notification of theP osting of the constituting the unruly gathering. notice of the unruly gathering shall be 4. Any person in attendance anyroe owner at the at the unruly gathering who engaged in mailed to property rty � address shown on the Pima County any conduct causing the gathering to be tax assessment records. The unruly. property notification shall advise the property Nothing in this Section shall be subsequent owner that any unruly construed to impose liability on the within one hundred and twenty owner, occupant or tenant of the premises same on days s the shall premises or sponsor of the event result in liabilityof the owner constituting the unruly gathering, for the property penalties as provided in conduct of the persons who are in for all applicablep article. Notification shall be made attendance without the express or this by certified mail. The return receipt implied consent of the owner, occupant, shall be prima facie evidence of service tenant or sponsor, as long as the owner, for court proceedings. The owner of the occupant, tenant or sponsor has taken all property may also be notified by steps reasonably necessary to exclude telephone and will be documented once the uninvited persons from the premises. individual contact with the owner has Where an invited person engages in been made and the owner notified of the unlawful conduct which the owner, unruly gathering and posting. occupant, tenant or sponsor could not P g reasonably foresee and could not 10-10-4 SubsequentUnruly reasonably control without the Gathering a Civil intervention of the police, the unlawful Infraction; Parties conduct of the person shall not be Liable. attributable to the owner, occupant, The Y occurrence of an unrul tenant, or sponsor for the purposes of gathering on same premises remises more determining liability under this Section. than once in any one hundred and 10-10-5 Penalty. The penalty for a party found responsible for the occurrence of a subsequent unruly gathering, as provided in Section 10-10-4, shall be a minimum mandatory fine of five hundred dollars ($500.00) for a first violation, a minimum mandatory fine of one thousand dollars ($1,000.00) for a second violation, and minimum mandatory fines of one thousand five hundred dollars ($1,500.00) for the third or each subsequent violation thereafter. The civil fines provided herein shall be in addition to any other penalties imposed by law for particular violations of the law committed during the course of an unruly gathering. The court may also enter an order of abatement against a party found responsible for a violation of this article. 10-10-6 Enforcement. The police department is authorized to enforce the provisions of this article provided that enforcement is initiated by a complaint from a member of the public. The complaining member of the public shall not necessarily be required to appear in court before a violator may be found responsible. ARTICLE 10-11 signals, hydrants, mailboxes and similar NEWSRACK appurtenances, and access to locations used for public transportation purposes; 10-11-1 Intent and Purpose 4. Reduce visual blight on 10-11-2 Definitions the public rights-of-way, protect the 10-11-3 Newsracks Prohibited aesthetics and value of surrounding 10-11-4 Permit Required 'properties, and protect the quiet of 10-11-5 Application for Permit residential areas; 10-11-6 Conditions for Permit 5. Reduce exposure of the 10-11-7 Hold Harmless town to. personal injury or property 10-11-8 Newsrack Identification damage claims and litigation; and Required 6. Protect the right to 10-11-9 Location,Placement distribute information protected by the and Number of United States and Arizona Constitutions Newsracks through the use of newsracks. 10-11-10 Standards for B. Preservation of Maintenance and Constitutional rights. It is not the intent Installation of this Code in any way to discriminate 10-11-11 Display of Certain against, regulate or interfere with the Matter Prohibited publication, circulation, distribution or 10-11-12 Violations dissemination of any printed material 10-11-13 Appeals that is constitutionally protected. 10-11-14 Abandonment 10-11-2 Definitions. 10-11-1 Purpose. As used in this Code, unless the A. Purpose. The provisions context otherwise clearly indicates: and prohibitions hereinafter contained A. Block means one (1) side and enacted are in pursuance of and for of a street between two (2) consecutive therP u ose of securing and promoting interacting streets. p the public health, morals and general B. Distributor means the welfare of persons in the Town of Oro person responsible for placing and Valley in their use of public rights-of- maintaining a newsrack in a public right- ways through the regulation of of-way. placement, appearance, number, size and C. Explicit sexual acts servicing of newsracks on the public means depictions of sexual intercourse, rights-of-ways so as to: oral copulation, anal intercourse, oral- 1. Provide for pedestrian anal copulation, bestiality, sadism, and driving safety and convenience; masochism, or excretory functions in 2. Ensure no unreasonable conjunction with sexual activity, interference with the flow of pedestrian masturbation, or lewd exhibition of or vehicular traffic, including ingress to, genitals; whether any of the above or egress from, any place of business or conduct is depicted or described as being from the street to the sidewalk; performed alone or between members of 3. Provide reasonable access the same or opposite sex or between for the use and maintenance of humans and animals, or other acts of sidewalks, poles, posts, traffic signs and sexual arousal involving any physical contact with a person's genitals, pubic 2. It depicts, describes or hair, perineum, anus or anal region. represents in a patently offensive D. Newsrack means any self- manner, sexual behavior as defined in service or coin-operated box, container, Section 1; and storage unit or other dispenser installed, 3. It lacks serious literary, used, or maintained for the display and artistic, political or scientific value when sale of newspapers or other news the publication or material is considered periodicals. as a whole. E. Obscene means material I. Public Works Director which depicts or describes sexual refers to the Public Works Director or conduct that is objectionable or the designee of the Public Works offensive to accepted standards of Director. decency which the average person, J. Roadway means that applying contemporary community portion of a street improved, designed, standards would find, taken as a whole, or ordinarily used for vehicular travel. appeals to prurient interests; or material K. Sexual arousal, which depicts or describes, in a patently gratification or affront when used in this offensive way, sexual conduct Code to state the purpose or effect of specifically defined by applicable State statements, words, pictures or law, and taken as a whole, lacks serious illustrations means depictions of the literary, artistic, political or scientific following subjects or acts: value. 1. Sexual intercourse, oral F. Parkway means the area copulation, anal intercourse, oral-anal between the sidewalk and the curb of contact, bestiality, direct physical any street, and where there is no stimulation of genitals, flagellation or sidewalk, the area between the edge of torture in the context of a sexual the roadway and the property line relationship, or any of the following adjacent thereto. Parkway shall also depicted sexually oriented acts or include any area within a roadway that is conduct: anilingus, buggery, not open to vehicular travel. coprolagnia, coprophagy, coprophilia, G. Person means any person cunnilingus, fellatio, necrophilia, or persons, or entity including, but not pederasty, pedophilia, piquerism, limited to, a corporation, partnership, sapphism, zooerasty; or unincorporated association or joint 2. Human genitals in a state venture. of sexual stimulation, arousal, or H. Pictorial material means tumescence; or any material suggesting or conveying a 3. Use of human or animal visual image, and includes, but is not masturbation, sodomy, oral copulation, limited to, a photograph, painting or coitus, ejaculation; or drawing. Any pictorial material is 4. Fondling or touching of `obscene" if all of the following apply: human genitals, pubic region, buttock, or 1. The average person, female breast; or applying contemporary community 5. Masochism, erotic or standards, would find that it appeals to sexually-oriented torture, beating or the prurient interests when the publication or infliction of pain; or material is considered as a whole; and 6. Erotic or lewd touching, projects onto, into, or which rests, fondling or other contact with an animal wholly or in part, upon the roadway of by a human being; or any public street. 7. Human excretion, B. No person shall install, urination, menstruation, vaginal or anal use, or maintain any newsrack which in irrigation. whole or in part rests upon, in, or over L. Sexual behavior means any public sidewalk or parkway: the patently offensive representation, 1. When such installation, depiction or description of any of the use, or maintenance endangers the safety following: of persons or property; 1. Ultimate sexual acts, 2. When such site or actual or simulated, including vaginal location is used for public utility intercourse between a male and a purposes, roadside right-of-way public female, and anal intercourse, fellatio and transportation purposes, or other cunnilingus between persons regardless governmental use; of gender. 3. When such newsrack 2. Masturbation, excretory unreasonably interferes with or impedes functions and lewd exhibition of the the flow of pedestrian or vehicular genitals. traffic, including parked or stopped 3. The actual or simulated vehicles; the ingress in or egress from infliction of pain by one individual upon any residence or place of business; the another, or by an individual upon use of poles, posts, traffic signs or himself, for the purpose of the sexual signals, hydrants, mailboxes, or other gratification or release of either objects permitted at or near said individual, as a result of flagellation, location; beating, striking or touching of an 4. When such newsrack erogenous zone, including without interferes with the cleaning of any limitation the thigh, genitals, buttock, sidewalk by the use of mechanical pubic region, or, if such person is a sidewalk cleaning machinery; or female, a breast. 5. In any other manner 4. Ultimate sexual acts, inconsistent with or in violation of the actual or simulated, between a human provisions of this Code. being and an animal. M. Sidewalk means any 10-11-4 Permit Required. surface provided or the exclusive use of It shall be unlawful for any pedestrians. person, firm or corporation to erect, N. Street means all the area place, maintain or operate on any public dedicated to public use for public street street or sidewalk, or in any other public purposes and shall include, but not be way or place, in the Town of Oro Valley limited to, roadways, parkways, alleys any newsrack without first having and sidewalks. obtained a permit from the Public Works Director specifying the exact location of such newsrack. One permit may be 10-11-3 Newsracks Prohibited. issued to include any number of A. No person shall install, newsracks, and shall be signed by the use, or maintain any newsrack which applicant. 1041-7 Hold Harmless. 10-11-5 Application for Permit. Every owner of a newsrack who A. Application for such places or maintains a newsrack on a permit shall be made, in writing, to the public sidewalk or parkway in the Town Public Works Director upon such form of Oro Valley shall file a written as shall be provided by him, and shall statement with the Public Works contain the name and address of the Director in a form satisfactory to the applicant, the proposed specific location Town Attorney, whereby such owner of said newsrack, and shall be signed by agrees to indemnify and hold harmless the applicant. the Town,. its officers, and employees, B. From the above from any loss, liability, or damage, application information the Public including expenses and costs, for bodily Works Director shall approve the or personal injury, and for property locations. He shall be guided therein damage sustained by any person as a solely by the standards and criteria set result of the installation, use and/or forth in this Code. In any case where the maintenance of a newsrack within the Public Works Director disapproves of a Town of Oro Valley. particular location, such disapproval shall be without prejudice to the 10-11-8 Newsrack Identification registrant designating a different location Required. or locations. - Every person who places or maintains a newsrack on the streets of 10-11-6 Conditions for Permit. the Town of Oro Valley shall have his A. Permits shall be issued permit number, name, address, and for the installation of a newsrack or telephone number affixed to the newsracks without prior inspection of newsrack in a place where such the location but such newsrack or information may be easily seen. Prior to newsracks and the installation, use or the designation of location by the Public maintenance thereof shall be conditioned Works Director under Section 10-11-9 upon observance of the provisions of this herein, the registrant shall present Code. Permits shall be issued within evidence of compliance with this twenty-four (24) hours (excluding Section. Saturday, Sunday and legal holidays) after the application has been filed. A 10-11-9 Location, Placement, permit fee of ten dollars ($10.00) shall and Number of be required. This feel shall only cover Newsracks. the expense (including staff time) of A. Any newsrack which processing the paperwork. The above fee rests in whole or in part upon, or on any is based on these expenses. portion of a public right-of-way or which B. Such permits shall be projects onto, into, or over any part of a valid for three (3) years and shall be public right-of-way shall be located in renewable pursuant to the procedure for accordance with the following original applications referred to in provisions of this Section: Section 10-11-5 and upon payment of 1. No newsrack shall be the ten dollar($10.00) permit fee. used or maintained which projects onto, into, or over any part of the roadway of any public street, or which rests, wholly (ix) Within one hundred (100) or in part upon, along, or over any feet of any other newsrack on the same portion of the roadway of any public side of the street in the same block street. containing the same issue or edition of 2. No newsrack shall be the same publication. chained, bolted, or otherwise attached to (x) On any access ramp for any fixture located in the public right-of- disabled persons. way, except to other newsracks. (xi) Within three (3) feet of 3. Newsracks may be placed any pole for a street light, telephone next to each other, provided that no poles, etc. group of newsracks shall extend for a 5. No more than eight (8) distance of more than eight (8) feet newsracks shall be located on any public along a curb, and a space of not less than right-of-way within a space of two three (3) feet shall separate each group hundred (200) feet in any direction of newsracks. within the same block of the same street; 4. No newsrack shall be provided, however, that no more than placed, installed, used or maintained: sixteen (16) newsracks shall be allowed (i) Within five (5) feet of on any one block. In determining which any marked crosswalk; newsracks shall be permitted to be (ii) Within fifteen(15) feet of located or to remain if already in place, the curb return of any unmarked the Public Works Director shall be crosswalk. guided solely by the following criteria: (iii) Within five (5) feet of (i) First priority shall be any fire hydrant, fire call box or other daily publications (published five (5) o emergency facility. more days per week). (iv) Within five (5) feet of (ii) Second priority shall be any driveway. publications published two (2) to four (v) Within three (3) feet (4) days per week. ahead or twenty-five (25) feet to the rear (iii) Third priority shall be of any sign marking a designated bus publications published one (1) day per stop. week. (vi) Within five (5) feet of the (iv) Fourth priority shall be outer end of any bus bench. publications published less than one (1) (vii) At any location whereby day per week. the clear space for the passageway of pedestrians is reduced to less than six(6) 10-11-10 Standards for fee. Maintenance and (viii) Within three (3) feet of or Installation. on any public area improved with lawn, Any newsrack which in whole or flowers, shrubs, trees or other in part rests upon, in or over any public landscaping, or within three (3) feet of sidewalk or parkway, shall comply with any display window or any building the following standards: abutting the sidewalk or parkway or in A. No newsrack shall exceed such a manner as to impede or interfere five(5)feet in height, thirty(3) inches in with the reasonable use of such window width, or two(2)feet in thickness. for display purposes. B. No newsrack shall be the opaque material should not have used for advertising signs or publicity visible tears or openings; other than that dealing with the 5. The paper or cardboard purposes display, sale, or purchase of the parts or inserts thereof are reasonably newspaper or news periodical sold free of tears, peeling or fading; and therein. 6. The structural parts C. Each newsrack shall be thereof are not broken, dented or unduly equipped with a coin-return mechanism misshapen. to permit a person using the machine to secure an immediate refund in the event 10-11-11 Display of Certain the person is unable to receive the paid Matter Prohibited. for publication. The coin-return Publications offered for sale from mechanism shall be maintained in good newsracks, placed or maintained on or working order. projecting over the street or sidewalk, D. Each newsrack shall have shall not be displayed or exhibited in a affixed to it in a readily visible place so manner which exposes to public view as to be seen by anyone using the from the street or sidewalk any of the newsrack, a notice setting forth the name following: and address of the distributor and the A. Any publication or telephone number of a working material which exposes to public view telephone service to call to report a any pictorial material that is obscene; malfunction, or to secure a refund in the B. Any statements or words event of a malfunction of the coin-return describing explicit sexual acts, sexual mechanism, or to give the notices organs, or excrement where such provided for in this Code. statements or words have as their E. Each newsrack shall be purpose or effect sexual interest and maintained in a neat and clean condition arousal, gratification or affront; _ and in ood repair at all times. C. Any picture or illustration g Specifically, but without limiting the depicting explicit sexual acts as defined generality of the foregoing, each in this Code where such picture or newsrack shall be serviced and illustration has as its purpose or effect maintained so that: sexual interest and arousal, gratification 1. It is reasonably free of or affront; or dirt and grease; D. Any picture or illustration 2. It is reasonably free of depicting explicit sexual acts as defined chipped, faded, peeling and cracked in this Code where such picture or paint in the visible painted areas thereof, illustration has as its purpose or effect 3. It is reasonably free of sexual interest and arousal, gratification rust and corrosion in the visible or affront. unpainted metal areas thereon; 4. The clear plastic or glass 10-1-12 Violations. parts thereof, if any, through which the Upon determination by the publications therein are viewed are Public Works Director that a newsrack unbroken and reasonably free of cracks, has been installed, used or maintained in dents, blemishes and discolorations; or, violation of the provisions of this Code, an order to correct the offending condition shall be issued to the receipt of notice of any protested distributor of the newsrack. Such order decision or action by filing with the shall be telephoned to the distributor and Office of the Town Clerk a letter of confirmed by mailing a copy of the order appeal briefly stating therein the basis by certified mail return receipt for such appeal. A hearing shall be held requested. The order shall specifically on a date note more than ten (10) days describe the offending condition, suggest after receipt of the letter of appeal. The actions necessary to correct the appellant shall be given at least five (5) condition, and inform the newsrack days notice of the time and place of the distributor of the right to appeal. Failure hearing. The Appeals Board shall give to properly correct the offending the appellant, and any other interested condition within five(5) days (excluding party, a reasonable opportunity to be Saturdays, Sundays, and legal holidays) heard, in order to show cause why the after the mailing date of the order or to determination of the Public Works appeal the order within three (3) days Director should not be upheld. At the after its receipt shall result in the conclusion of the hearing, the Appeals offending newsrack being summarily Board shall make a final and conclusive removed and processed as unclaimed decision. This decision shall be property. If the offending newsrack is immediately appealable to a court of not properly identified as to owner under competent jurisdiction. the provisions of Section 10-11-8 hereof, it shall be removed immediately and 10-11-14 Abandonment. processed as unclaimed property. An In the event that a newsrack impound fee, which shall be measured remains empty for a period of thirty (30) by the Town's cost and expense of continuous days, the same shall be impounding, shall be assessed against deemed abandoned, and may be treated each newsrack summarily removed. The in the manner as provided in Section 10- Public Works Director shall cause 11-12 for newsracks in violation of the inspection to be made of the corrected provisions of this Code. condition or of a newsrack reinstalled after removed under this Section. The distributor of said newsrack shall be charged a dollar inspection fee for each newsrack so inspected. This charge shall be in addition to all other fees and charges required pursuant to this Code. 10-11-13 Appeals. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this Code may appeal and shall be appraised of his right to appeal to the Town's Appeals Board. An appeal must be perfected within three (3) days after ARTICLE 10-12 E. Person means any person, PARADE AND PUBLIC ASSEMBLY firm, partnership, association, corporation, company or organization of any kind. 10-12-1 Definitions F. Public assembly means 10-12-2 Permit Required any meeting, demonstration, picket line, 10-12-3 Exceptions rally or gathering of more than twenty 10-12-4 Application (20) persons for a common purpose as a 10-12-5 Fees result of prior planning that interferes 10-12-6 Police Protection with the normal flow. or regulation of 10-12-7 Standards for Issuance pedestrian or vehicular traffic or 10-12-8 Non-discrimination occupies any public area in a place open 10-12-9 Notice of Denial of to the general public. Application G. Sidewalk is any area or 10-12-10 Alternative Permit way set aside or open to the general 10-12-11 Appeal Procedure public for purposes of pedestrian traffic, 10-12-12 Notice to Town and whether or not it is paved. Other Officials H. Street is any place or way 10-12-13 Contents of Permit set aside or open to the general public 10-12-14 Duties of Permittee for purposes of vehicular traffic, 10-12-15 Prohibitions including any berm or shoulder parkway, 10-12-16 Public Conduct During right-of-way, or median trip thereof. Parades or Public Assemblies 10-12-2 Permit Required. 10-12-17 Revocation of Permit This Code shall not apply to the 10-12-18 Penalty following: A. Funeral Processions; 10-12-1 Definitions. B. Students going to and A. Chief of Police means the from school classes or participating in Chief of Police of the Town of Oro educational activities, provided that such Valley. conduct is under the immediate direction B. Town means the Town of and supervision of the proper school Oro Valley. ` authorities; C. Parade means any march, C. A governmental agency demonstration, procession or motorcade acting within the scope of its functions; consisting of persons, animals, or and vehicles or a combination thereof upon D. Spontaneous events the streets, parks or other public grounds occasioned by news or affairs coming within the Town with an intent to attract into public knowledge within two (2) public attention that interferes with the days of such public assembly, provided normal flow or regulation of traffic upon that the organizer thereof gives written the streets, parks or other public notice to the Town at least twenty-four grounds. (24) hours prior to such parade or public D. Parade or public assembly. assembly permit means a permit as required by this Code. 1042-4 Application. 2. The names, addresses and A. A person seeking a telephone numbers of the headquarters parade or general assembly permit shall of the organization for which the parade file an application with the Chief of or public assembly is to be conducted, if Police on forms provided by such officer any, and the authorized and responsible and the application shall be signed by heads of the organization; the applicant under oath. 3. The requested date of the B. For single, non-recurring parade or public assembly; parades or public assemblies, an 4. The route to be traveled, application for a permit shall be filed including the starting point and the with the Chief of Police at least ten (10) termination point; days and not more than one hundred 5. The approximate number eighty (180) days before the parade or of persons who, and animals and public assembly is proposed to vehicles which will constitute such commence. The Chief of Police may parade or public assembly and the type waive the minimum ten (10) day filing of animals and description of the period and accept an application filed vehicles; within a shorter period if, after due 6. The hours when such consideration of the date, time, place and parade or public assembly will start and nature of the parade or public assembly, terminate; the anticipated number of participants, 7. A statement as to whether and the Town services required in the parade or public assembly will connection with the event, the Chief of occupy all or only a portion of the width Police determines that the waiver will of the streets proposed to be traversed; not present a hazard to public safety. 8. The location by street of C. For parades or public an assembly area for such parade or assemblies held on a regular or recurring public assembly; basis at the same location, an application 9. The time at which unites for a permit covering all such parades or of the parade or public assembly will assemblies during that calendar year begin to assemble at any such area; may be filed with the Chief of Police at 10. The intervals of space to least sixty (60) days and not more than be maintained between units of such -one hundred eighty(180) days before the parade or public assembly; date. and time at which the first such 11. If the parade or public parade or public assembly is proposed to assembly is designed to be held by, or on commence. The Chief of Police may behalf of, any person other than the waive the minimum sixty (60) day applicant, the applicant for such permit period after due consideration of the shall file a letter from that person with factors specified in subsection B above. the Chief of Police authorizing the D. The application for applicant to apply for the permit on his parade or public assembly permit shall behalf; set forth the following information: 12. The type of public 1. The name, addresses and assembly, including a description of telephone number of the person seeking activities planned during the event; to conduct such a parade or public 13. A description of any assembly; recording equipment, sound amplification equipment, banners, signs, detour or preempt citizen travel and use or other attention-getting devices to be of the street and sidewalks. The speech used in connection with the parade or content of the event shall not be a factor public assembly; in determining the amount of police 14. The approximate number protection necessary. If possible, of participants (spectators are by without disruption of ordinary police definition not participants); services or compromise of public safety, 15. The approximate number regularly scheduled on-duty personnel of spectators; will police the event. If the Chief of 16. A designation of any Police deems additional police public facilities or equipment to be protection for the public assembly utilized; and necessary, he shall so inform the 17. Any additional facts that applicant for the permit. The applicant the Chief of Police finds reasonably then shall have the duty to secure the necessary to a fair determination as to police protection deemed necessary by whether a permit should issue. the Chief of Police at the sole expense of the applicant. 19-12-5 Fees. B. Persons engaging in A. A non-refundable fee of parades or public assemblies conducted twenty dollars ($20.00) to cover for the sole purpose of public issue administrative costs of processing the speech protected under the First permit shall be paid to the Town of Oro Amendment are not required to pay for Valley by the applicant when the any police protection provided by the application is filed. Town. B. If the application is for the use of any Town property or if any 10-12-7 Standards for Issuance. Town services shall be required for the A. The Chief of Police shall parade or public assembly, the applicant issue a permit as provided herein when, shall pay, prior to the issuance of a from a consideration of the application permit, the charges for those services in and from such other information as may accordance with a schedule of service otherwise be obtained, he finds that: costs approved by the Town Council by 1. The conduct of the parade resolution. or public assembly will not substantially interrupt the safe and orderly movement 10-12-6 Police Protection. of other pedestrian or vehicular traffic A. The Chief of Police shall contiguous to its route or location; determine whether and to what extent 2. The conduct of the parade additional police protection is reasonably of public assembly will not require the necessary for the parade or public diversion of so great a number of Town assembly for traffic control and public police officers to properly police the line safety. The Chief of Police shall base of movement and the areas contiguous this decision on the size, location, thereto as to prevent normal police duration, time and date of the event, the protection of the Town; expected sale or service of alcoholic 3. The concentration of beverages, the number of streets and persons, animals, and vehicles at public intersections blocked, and the need to assembly points of the parade or public assembly will not unduly interfere with subsequent proposed application, the proper fire and police protection of, or resulting deploying of police services ambulance service to, areas contiguous would have an immediate and adverse to such public assembly area. effect upon the welfare and safety of 4. The conduct of the parade persons and property; and or public assembly is not reasonably 12. No event is scheduled likely to cause injury to persons or elsewhere in the Town where the police property; resources required for that event are so 5. The parade or public great that the deployment of police assembly is scheduled to move from its services for the proposed parade or point of origin to its point of termination public assembly would have an expeditiously and without reasonable immediate and adverse effect upon the delays en route. welfare and safety of persons and 6. Adequate sanitation and property. other required health facilities are or will B. No permit shall be be made available in or adjacent to any granted that allows for the erection or public assembly areas; placement of any structure, whether 7. There are sufficient permanent or temporary, on a Town parking places near the site of the parade street, sidewalk, or right-of-way unless or public assembly to accommodate the advance approval for the erection or number of vehicles reasonably expected; placement of the structure is obtained 8. The applicant has secured from the Town Council. the police protection, if any, required under Section 10-12-6. 10-12-8 Non-Discrimination. 9. Such parade or public The Chief of Police shall assembly is not for the primary purpose uniformly consider each application of advertising any product, goods or upon its merits and shall not discriminate event that is primarily for private profit, in granting or denying permits under this and the parade itself is not primarily for Code based upon political, religious, profit. The prohibition against ethnic, race, disability, sexual orientation advertising any product, goods or event or gender related grounds. shall not apply to signs identifying organizations or sponsors furnishing or 10-12-9 Notice of Denial of sponsoring exhibits or structures used in Application. the parade. The Chief of Police shall act 10. No parade or public promptly upon a timely filed application assembly permit application for the same for a parade or public assembly permit time and location is already granted or but in no event shall grant or deny a has been received and will be granted. permit less than forty-eight (48) hours 11. No parade or public prior to the event. If the Chief of Police assembly permit application for the same disapproves the application, he shall time but location is already granted or notify the applicant either by personal has been received and will be granted, delivery or certified mail at least forty- and the police resources required for that eight (48) hours prior to the event of his prior parade or public assembly are so action and state the reasons for denial. great that in combination with the 10-12-10 Alternative Permit. D. The Director of the A. The Chief of Police, in Department of Public Works; denying an application for a parade or E. The Postmaster; and public assembly permit, may authorize F. The manager or the conduct of the parade or public responsible head of each public assembly at a date, time, location, or transportation utility, the regular routes route different from that named by the of whose vehicles will be affected by the applicant. An applicant desiring to route of the proposed parade or public accept an alternate permit shall, within assembly. five (5) days after notice of the action of the Chief of Police, file a written notice 10-12-13 Contents or Permit. of acceptance with the Chief of Police. Each parade or public assembly B. An alternate parade or permit shall state the following public assembly permit shall conform to information: the requirements of, and shall have the A. Starting and approximate effect of, a parade or public assembly ending time; permit issued under this Code. B. Minimum speed of parade units; 10-12-11 Appeal Procedure. C. Maximum speed of A. Any applicant shall have parade units; the right to appeal the denial of a parade D. Maximum interval of or public assembly permit to the Town space to be maintained between parade Council. The denied applicant shall units; make the appeal within five (5) days E. The portions of the streets after receipt of the denial by filing a that may be occupied by the parade or written notice with the Chief of Police public assembly; and a copy of the notice with the Town F. The maximum length of Clerk. The Town Council shall act upon the parade in miles or fractions thereof; the appeal at the next scheduled meeting and following receipt of the notice of appeal. G. Such other information as B. In the event that the the Chief of Police shall find necessary Town Council rejects an applicant's to the enforcement of this Code. appeal, the applicant may file an immediate request for review with a 10-12-14 Duties of Permittee. court of competent jurisdiction. A. A permittee hereunder shall comply with all permit directions 10-12-12 Notice to Town and and conditions and with all applicable Other Officials. laws and ordinances. Immediately upon the issuance of B. The parade or public a parade or public assembly permit, the assembly chairman or other person Chief of Police shall send a copy thereof heading such activity shall carry the to the following: parade or public assembly permit upon A. The Mayor and Town his person during the conduct of the Manager; parade or public assembly. B. The Town Attorney; C. The Fire Marshall; • 10-12-15 Prohibitions. notice is constructed or made of a cloth, The following prohibitions shall paper, or cardboard material; apply to all parades and public G. It shall be unlawful for assemblies: any person participating in a parade or A. It shall be unlawful for public assembly to utilize sound any person to stage, present, or conduct amplification equipment at decibel levels any parade or public assembly without that exceed those limits imposed by first having obtained a permit as herein Town Code 10-1-4; provided; H. It shall be unlawful for B. It shall be unlawful for any person to ride, drive, or cause to be any person to participate in a parade or ridden or driven by any animal or any public assembly for which the person animal-drawn vehicle upon any public knows a permit has not been granted; street, unless specifically authorized by C. It shall be unlawful for the permit. any person in charge of, or responsible for the conduct of, a duly licensed 10-12-16 Public Conduct During parade or public assembly to knowingly Parades or Public fail to comply with any condition of the Assemblies. permit; A. No person shall D. It shall be unlawful for unreasonably hamper, obstruct or any person to engage in any parade or impede, or interfere with any parade or public assembly activity that would public assembly or with any person, constitute a substantial hazard to the vehicle or animal participating or used in public safety or that would materially a parade or public assembly. interfere with or endanger the public B. No driver of a vehicle peace or rights or residents to the quiet shall drive between the vehicles or and peaceful enjoyment of their persons comprising a parade or public property; assembly when such vehicles or persons E. It shall be unlawful for are in motion and are conspicuously any person participating in any parade or designated as a parade or public public assembly to cavy or possess any assembly. length of metal, lumber, wood, or similar C. The Chief of Police shall material for purposes of displaying a have the authority, when reasonably sign, poster, plaque or notice, unless necessary, to prohibit or restrict the such object is one-fourth inches (1/4") or parking of vehicles along a street less in thickness and two inches (2") or constituting a part of the route of a less in width, or if not generally parade or public assembly. The Chief of rectangular in shape, such object shall Police shall post signs to that effect, and not exceed three-fourths inches (3/4") in it shall be unlawful for any person to its thickest dimension. park of leave unattended any vehicle in F. It shall be unlawful for violation thereof. No person shall be any person to carry any sign, poster, liable to parking on a street unposted in plaque, or notice, whether or not violation of this Code. mounted on a length of material as specified in subsection E of this Section, unless such sign, poster, plaque, or 10-12-17 Revocation of Permit. The Chief of Police shall have the authority to revoke a parade or public assembly permit instantly upon violation of the conditions or,standards for issuance as set forth in this Code or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the parade or public assembly would have an immediate and adverse effect upon the welfare and safety of persons or property. 10-12-18 For Penalty Provision; See Section 10-1-23. TOWN OF ORO VALLEY 3 COUNCIL STUDY SESSION COMMUNICATION MEETING DATE: February 11,2002 TO: HONORABLE MAYOR& COUNCIL FROM: Sangeeta Jain, Planner II SUBJECT: STUDY SESSION, 0V4-02-01, PIMA COUNTY'S PETITION (NO. 35-105026-000) TO NOMINATE STATE TRUST LANDS NORTH OF ORO VALLEY TOWN BOUNDARIES FOR CONSERVATION PURPOSES BACKGROUND: Pima CountyBoard of Supervisors filed a petition with the Arizona State Land Department in November 2001 p to reclassifylands north of the Oro Valley Town limits for conservation purposes. This has been done under the Preserve Initiative (API) and includes approximately 9,560 acres of land. The property would be used Arizona for natural and cultural resource preservation and public recreation and education. STAFF REPORT: Arizona Preserve Initiative The API wasp assed by the Arizona State Legislature and signed into law in 1996. It is designed to encourage the reservation of select parcels of state Trust land in and around urban areas for open space to benefit future p generations. A state or localg overnment, business, state land lessee or a group of citizens may petition the State Land Commissioner to have certain Trust land nominated and reclassified for conservation purposes. After all appropriate notifications, public hearings, consideration of physical and economic impacts, the Commissioner mayreclassifythe subject land. The Commissioner must consider recommendations from a five-member � Conservation Advisory Committee as well as consult with local and regional planning authorities. Once the land is reclassified, the Commissioner may withdraw land from sale or lease for three to five years to allow ros ective purchasers time to prepare the plan for the property and to raise funds. With one independent p p appraisal, an independent review appraisal of the fair market value, and required legal notice, a conservation lease or sale may be auctioned. Petition Description There are two elements of the petition - Tortolita Mountain Park Expansion (TMPE) and Tortolita East Biological Corridor (TEBC). The majority of the subject property is located within the expansion boundary of Tortolita Mountain Park (see � y the attached map) as adopted by the Board of Supervisors in April 1997. TMPE includes land west of the eastern boundary of Rancho Vistoso (RV) Neighborhood (NH) 12 to Tortolita Mountain Park, and north up to the Pinal County line (see-attached map). It includes a total of 6,118 acres of State Land. It also includes 1,600 acres of State Trust land in Pinal County which are subject to approval of Pinal County Board of Supervisors. The TEBC includes land east of the eastern boundary of RV NH 12 to Oracle Road, north to Pinal County(see- attached map). It includes a total of 3,442 acres of State Land. TEBC, a biological linkage, will connect the Tortolita Mountain Range with Big Wash, Catalina State Park, the Canada del Oro Wash, the Sutherland Basin, r TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 4 and the Coronado National Forest. The TEBC was identified as a key element of the Pima County's Sonoran Desert Conservation Plan. Town of Oro Valley's General Plan Most of thero osed State Trust Lands for conservation are consistent with the Town of Oro Valley's General p p Plan. In 1996 all of these lands west of Sausalito Wash were designated as Parks and Open Space, with a back up designation ation of Rural Low Density Residential (RLDR 0-0.3 Dwelling units per acre). The lands east of Sausalito Wash to approximately Big Wash were designated as Master Planned Community(MPC). In October 2000, a General Plan amendment changed the designation of the MPC area to Parks and Open Space with a back up designation ation of Master Plan Community and a maximum overall density of one dwelling unit per acre. Thus, the only area in conflict with the Town's General Plan is the area between Big Wash and Oracle Road, which is designated as Commerce Park. Governor's Preserve Initiative (GPI) Study In the mid 1990s, the Governor of Arizona took an initiative to propose selected State lands for conservation purposes. This area is shown on the current Town of Oro Valley General Plan (see the attached map). The proposed petition does include all the area that was shown under the limits of the GPI. Town of Oro Valley POST Plan The POST Plan supports the Tortolita Mountain Park Expansion. The reclassification area contains many trails listed on the Eastern Pima County Trail System Master Plan including the Honeybee Canyon Trail, Sausalito Wash Trail, WAPA Power Line Trail, Big Wash Trail, and the Twenty-Seven Wash Trail. Oracle Road Scenic Corridor The Trust Lands proposed for reclassification in this application form the western viewshed of the Oracle Highway corridor, one of the most scenic drives in southern Arizona. This route is identified by the Pima County's Comprehensive Plan and Town of Oro Valley's General Plan as a scenic corridor. The acquisition of the Trust Lands by Pima County will help protect this scenic corridor. Town Actions to Annex the Area The Town submitted a request to the State to annex much of this area in the late 1990s. This was tabled by the State. The Town Manager is now in the process of preparing another annexation request. Other Impacts Most of the text below has been derived from the Pima County's petition application. Encroaching Urban Development: Though lack of infrastructure and access will postpone development in the area, all of the subject property is open to future urban development. Open Space: The State Trust Land proposed for reclassification is composed of undisturbed natural open space, the conservation of which will not only create a biological corridor between the Tortolitas and the Catalinas, but also help protect natural and cultural resources, create a significant community asset, and enhance the value of adjacent properties. Pima County's Open Space Bond program, which as approved by the voters in May 1997, will provide approximately $4 million to facilitate the acquisition of the subject reclassification lands. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 4 Rural Character: The area immediately surroundingTortolita Mountain Park presently has a special rural 'n increasingly rare in proximity to metropolitan Tucson. This rural character, a quality which is becoming g y character will be protected at least in part through the reclassification and eventual acquisition of the subject g Trust Lands by Pima County for the TMPE and the TEBC. State Trust Lands possess outstanding scenic values. The Tucson Basin is Unique Scenic Beauty: The subject surrounded by breathtaking mountain ranges, but the Tortolita's landforms offer a special, unique blend of large unusual formations, includingthe prominent peaks and ridges that comprise the major quantities of rock in canyons of the range. The most identifiable of the park's peaks is 4,651' Tortolita's Peak, a community landmark, and its craggyslopes are visible from a substantial portion of the Tucson Basin. Vegetation: The subject Trustlarge,Lands contain lar e, undisturbed, healthy stands of saguaro, barrel, ocotillo and cholla cactus, mesquite, pa to verde and ironwood trees (some of which are hundreds of years old), and a wide variety of native grasses, bushes and other plants. It also contains excellent examples of some very scenic Sonoran Desert habitat, includingsome of the largest and most impressive saguaro cacti in southern Arizona. • subject lands also encompass several very important riparian corridors - Honeybee Riparian Areas: The p BigWash, and Twenty-Seven Wash. All of these are in excellent condition and Canyon, Sausalito Creek, y . wildlife habitat that should beprotected. Each of these washes experience substantial flows on contain valuable . basis. While nota perennial stream, water can regularly be found in Honey Bee Canyon. an intermittent The property also encompasses key portions of the range's watershed, including parts of four Drainage Basins: p p y p drainage basins Cochise Canyon, Wild Burro Canyon, Canada Agua, and North Ranch. Each of these are important regional hydrological ical features that should be protected. The undisturbed natural washes that cross the gn g a si ificant role in regional flood control, as well as the recharge of the area's aquifer. property play Cultural Resources:• The Tortolita Mountains area is rich in cultural resources, and the subject reclassification land is no exception. p Evidence of occupation by Hohokam Indians can be found throughout the area. The most g significant resource is the large and well-known "Indian Town" site, which straddles the Pima-Pinal county line. Pima County plans tp o conduct a comprehensive cultural resources survey after the land has been converted to conservation status to collect additional data. Wildlife Habitat:: The Tortolita Mountains area supports a wide range of wildlife, and is capable of supporting certain Special Status wildlife species. A wildlife survey conducted by Pima County in 1996 identified a wide range of animal andspecies, including bird s ecimountain lion, peccary, mule deer, and large numbers of birds and lizards. Protecting important these im ortant habitat areas is considered essential to assuring the long-term health and viability of the wildlife populations in the Tortolita Mountains. p Physical and Economic Impacts: The local communities will benefit from the preservation of natural open Tortolita Mountain view sheds, which will enhance the quality of life in these areas, make them more space and desirable places to live, bolster land values, and contribute to the resort activities in the area. The local nit will also benefit from the protection of an area suitable for scientific and historic research. academic community Three potential negativep economic impacts could occur from the reclassification: (1) lands along Oracle Road, gn which have been designated as Commerce Park, would not be developed as commercial; (2) there would be a loss of short-term revenues v nues related to residential construction; and (3) future development would be shifted further north requiring more costly extensions of infrastructure. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 4 Attachments: 1. Map showing State Trust Lands for proposed reclassification 2. Petition Application MI.A I. ..,L Pla 1111"i-nd Zoni r: A d inistrator 0 /# omunit Develo' ent Director y F:\OV\OV4\2002\04-02-01\TC SS Report Feb 2002.doc `.A.1 A Town Mana:e Ir v MCM:f:f,WM Arizonc& Jane Dee Hull Governor fl Sae Land Dep&rmen Y:c r. a ca m .o- w�tR ^ • Michael E.Anable • o+ State Land Commissioner 1616 West Adams Street Phoenix,AZ 85007 www.land.state.az.us ARIZONA PRESERVE INITIATIVE Tci. 3, 2.c10 2 Petitioner: P1TY cz Co - Petition#: 35-/D5 d 2 6 Location: A/or i aka Et ± 0 74-4 e /0 r Q /, fci J1fs ., Legal: ---70 5 R. f • — / S. . . / County: fii / a n a p 1 rn a Total Acres: /0 77 �C ASLD Rights-of-Way Section �C ASLD Environmental Resources &Trespass Section ASLD Agriculture Section X ASLD Commercial Leasing Section X ASLD Sales Section X ASLD Range Section ASLD Water Rights Management Section ASLD Minerals Section X ASLD Engineering Section ASLD Planning Section X ASLD Forest and Rangeland Ecologist, Patrick Boles AZ Dept of Agriculture,Native Plant Law Specialist Arizona Game and Fish Department Arizona State Parks X Arizona State Museum State Historic Preservation Office }C Arizona Department of Transportation r Volley City Planning &Zoning Dept. fI'rri ct` 4'.'A c.‘e rifrG( County Association of Governments �C PILYid ai zl fin a.) County Planning&Zoning Dept. Surface Lessee(s) The State Land Department has received the attached petition to reclassify the subject property as suitable for conservation and will process it on its merits. While a team will be put together to work on planning and disposition issues surrounding this p $ition,we would appreciate any comments which you might elect to submit within 30 days so that the Department might consider them in making its decisions. See enclosed petition and maps. Thank you. Sincerely, Comment: 0 favorable 0 unfavorable 0 no comment 0 let's discuss , , •.: Arizona Preserve Initiative • Enclosure G:\CO I\Formletters\30day ltr.wpd "Serving Arizona's Schools and Public Institutions Since 1915" Submit Petition To: Departmental Use Only: Titles&.Contracts Rolodex • • Recommendation/Initials Date Ari:ona State Land Department Exam: Approve Public Records 1616 W.Adams Exam$: Deny Phoenix,AZ 85007 Int Title: Reject Bond Required: 51,000' App Entry Withdrawn .1 * Additional bonding amounts may be assessed by the State Land Commissioner pursuant to A.R.S.§37-312(D)and R12-5-2503 depending on the size and complexity of the proposed reclassification project. PETITION TO NOMINATE TRUST LAID AS SUITABLE FOR CONSERVATION PURPOSES Type or print in ink. - n. 0�. 4,12pPETITIOiti NO. (�� 351 • INA 1. PETITIONER(see Certification,page 6): • Board of Supervisors of Pima County, Arizona Name(s) c/o Pima County Parks and Recreation Department 1204 W. Silverlake Road Mailing Address Tucson Arizona 85713 cityiTown State Zip Rafael Payan, Director (520) 740-2690 Contact Person Phone 2. LEGAL DESCRIPTION: Complete legal description below and attach map(s) outlining area. SLD USE ONLY TWN. RNG. SEC. LEGAL.DESCRIPTION ACRES COUNTY CITY GRT PARCEL 11S 13E 5 NE4 171.5 Pima . 11S 13E 4 S2N2 N2SW NWSE • 461.2 Pima 11S 13E 3 Entire section 660.2 Pima 11S 13E 2 Entire section 658.3 Pima 11S 13E 1 W2 655.6 - Pima 11S 13E 10 Entire section 640.0 Pima 11S 13E 11 Entire section 640.0 Pima 11S 13E 12 W2 320.0 Pima 3. What are the proposed conservation uses of the land? (Use separate sheet if necessary) of The Arizona State Trust Lands listed above are within the expansion boundary Tortolita Mountain Park. The property will be used for natural and cultural resourceP reservation and public recreation and education. ' fir-- ».�Cti•i.�'•:'=� .,V, rT 2 Legal Descri•tion of Trust Lands Within Tortolita Mountain Park, Continued: 2. LEGAL DESCRIPTION: Complete legal description below and attach map(s) outlining area. SLD USE ONLY TWN. RI`i G. SEC. LEGAL DESCRIPTION ACRES COUNTY CITY GRT PARCEL , 11S 13E 16 Entire section 640.0 Pima Trust Lands in Pinal County: ' T1OS RI2E 36 1 Entire section 640.0 Final T1OS R13E 31 Entire section 639.0 Final T1OS R13E 32 W2 320.0 Final Subject to the approval of Pinal Board of Supervisors Legal Description of Trust Lands Within the Tortolita East Biological Corridor 2. LEGAL DESCRIPTION': Complete legal description below and attach maps) outlining area. SLD USE ONLY TWN. RNG. SEC. LEGANT L DESCRIPTION ACRES COCOY CITY GRT PARCEL T 11S 13E i 1 E2 320.0 Pima 11S " 13E 12 E2 320.0 Pima 11S 13E i 13 NE4 160.0 Pima T 11S 14E 15 Entire section • 640.0 Pima 11S 14E I 6 Entire section 640.0 Pima 11S 14E 7 Entire section 639.4 Pima I1S 14E 1 8 Entire section 640.0 Pima •i 11S 14E � 16 All in section 274.41 Pima 11 11S 14E 17 All in section 589.8 Pima 11S 14E 18 N2 319.0 Pima « , 11S 14E 20 NE4 170.5 Pima y 1 L _ e that follow show how the proposed conservation reclassification lands related The maps on the sixpag s P P to various aspects of Tortolita Mountain Park, as well as the location of the Tortolita East Biological Corridor. These maps include: 1. Tortolita Mountain Park Planning Boundary(page 3). 2. Tortolita Mountain Park Land Acquisition Priorities (page 4). 3. Tortolita Mountain Park Physiography(page 5). 4. Tortolita Mountain Park Adopted Concept Master Plan (page 6). 5. 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(..,,.......i. 1 i p.....1 • ' -,.!:,,: c P.=W. ..,:.., g,,- a. i • --, 1 . ) 1 Lki JULO69 •• '' . . nl : Titles&Contracts Rolodex# / 3 6 ö lam. Submit Petition To: Departmental Use O y RecommendationfInitiais Date Ariz• e31.447 I r,1 .rent Exam: O °� Approve O Public e rds l0 rb f 16 ams Exam#: Deny Phocniz, '�07 �N F....), Int Title: Reject Ski ,_ •i . :--- Bond R. ed: nth i'• . c'` 51,000* App Entry Withdrawn _ * Additio .14k:•'in:a . ay be assessed by the State Land Commissioner pursuant to A.R.S.§37-312(D)and R12-5-2503 depending on the size and compl '-• .4,17:. = 'posed reclassification project. PETITION TO NOMINATE TRUST LAND AS SUITABLE FOR CONSERVATION PURPOSES w'filliirek Type or print in ink. .� 4 41 -45, 6r- /0' O � , - 000PETITION No. • 10041) 1 1. PETITIONER(see Certification,page 6): g A I XI I rs ?2STPE Board of Supervisors of Pima County, Arizona 10 :k 0 DEPT Name(s) 111111111W g c/o Pima County Parks and Recreation Department 1204 W. Silverlake Road Mailing Address Tucson Arizona 85713 Ci /Town State Zip Dan Felix, Director (520) 740-2690 Contact Person t S3 0 Phone 2. LEGAL DESCRIPTION: Complete legal description below and attach map(s) outlining area. _ SLD USE ONLY TWN. RNG. SEC. LEGAL DESCRIPTION ACRES COUNTY CITY GRT PARCEL Pima -.) 1 115 13E 5 ' NE4 171.5 • 11S 13E 4 S2N2 N2SW NWSE 461.2 Pima , I3 2 11S 13E 3 Entire section 660.2 Pima f . 1 (;C2, , r . , - - Entire section 658.3 Pima � �� 11S 13E 2 11S 13E 1'/ W2 • 655.6 Pima .`t • 11S 13E 10 ' Entire section 640.0 Pima , i:'; ; :) i \c-1:-.C) , 11S 13E 11 ' Entire section 640.0 Pima 1..i ,, , --.,.,..L_ • 11S 13E 12 . W2 320.0 1 Pima ) 0 331 ()o . 3. What are the proposed conservation uses of the land? (Use separate sheet if necessary) The Arizona State Trust Lands listed above are within the expansion boundary of Tortolita Mountain Park. The property will be used for natural and cultural resourceP reservation and public recreation and education. 2 Legal Description of Trust Lands Within Tortolita Mountain Park, Continued: 2. LEGAL DESCRIPTION: Complete legal description below and attach map(s) outlining area. SLD USE ONLY TWN. RNG. SEC_ LEGAL DESCRIPTION ACRES COUNTY CITY GRT PARCEL .. 11S 13E 16' Entire section 640.0 Pima ,- f --tet Trust Lands in Pinal County: { T10S R12E 36 • Endre section 640.0 Pinal ' - , T10S R13E 31 639.0 Pinal --Entire section ; t 320.0 Pinal -, T10S R13E 32 W2 1. -` =Subject to the approval of Pinal Board of Supervisors 1 Legal6 5e0 Description of Trust Lands Within the Tortolita East Biological Corridor 2. LEGAL DESCRIPTION: Complete legal description below and attach map(s) outlining area. . SLD USE ONLY TWN. RNG. SEC_ LEGAL DESCRIPTION ACRES COUNTY CITY . GRT PARCEL 11S 13E 12 E2 .0. Pima 320 -,1 -t ! _ • j 7 11S 13E 13 1 NE4 160.0 Pima , r- .+- • ' 6 3 9 4 Pima . . . .: f � ''.. .7:1') 11S 14E 7 • Entire section , . ; 11S 14E 8 640.0 Pima / ' ,`Entire section i 4. r., j • 11S 14E 16 ' All in section 274.4 Pima :;. 2►._,; ` �.,;( A v, 11S 14E • 1 7 ' All in section 589.8 .Pima 4 5 ! -;,—i.)‘44. r 11S 14E 18 -` N2 . 319.0 Pima /(' -`. =� � `_'� � - ..-:1),.;2) 1 `tel 11S 14E 20 NE4 2 170.5 Pima � --;: :;'' 80 4c l • ,x.„,dry` The maps on the six pages that follow show how the proposed conservation reclassification P g Ptjd-° ' P location of the lands relate to various aspects of Tortolita Mountain Park, as well as the Tortolita East Biological Corridor. These maps include: 1. Tortolita Mountain Park Planning Boundary (page 3). 2. Tortolita Mountain Park Land Acquisition Priorities (page 4). 3. Tortolita Mountain Park Physiography (page 5). 4. Tortolita Mountain Park Adopted Concept Master Plan (page 6). 5. Tortolita East Biological Corridor Map (page 7). 6. T ortolita Mountain Park and Tortolita East Biological Corridor Map (page 8). • . __ .. . . • ., v.... 3 its Mountain Park ... Tortolita East R13E ogical • API ... . Streets Washes township And Range Lines •��.F.—.7 �-rya... `=��C:r_��'w^...Z. :ti=!.�%'?� e� Lines -`c.��'S.-...yw�'^�;�fa,,;ye :�`�;ri X33'_.?tt;.-a->�. '35 . � :_�- _ - active Boundary C,l--. -_�}� �'`^��t-1 �r'.:��'tea:'- �_'� fitA ''` = of in Park Expansion Boundary 'IMA COUNTY TORTOLITA ;tate Trust API Lands 0 MOS AIN 0 6 C i � •ARK 1 •4 //---- , ____f_- --ion depicted on this display is the result alyses performed on a variety of databases maintained by several governmental agencies. . of the information presented is limited to 1 3 ve accuracy of these databases on the date 8 isis. The Pima County Department of n Technical Services Division makes no ling the accuracy of the information depicted is sub ect to the Department of Transportation $'vicesDivision's Use Restriction Agreement. ----- -----J '227' 4 : \1(6 - • 1 Scale 1: 24000 ad'Cr 17~10111111 low 7-fa-t-- VICESA •., ` • VICES „-4111,11;:',-2,-.."71,-,-,......:7f--,---::.-2. , y , f !-.....1.: Jew/ 'cur.,-,...J-] , cc r li� y "C • Technical Services - ::'” �•. L ' tone Avenue '`w.,•.-c-°=�'1• ' zona 85701-1207 9th Floor :':. t 4 As-,)„z . 670 - FAX (520) 798-3429 .�,`'”`R`,,-... dot.co.pima.az.us 9 4. Referencing the criteria identified in Rule R12-5-2502(A), identify why the land is suitable for conservation purposes (attach additional sheets if necessary). Open Space: In accordance with Rule R12-5-2502(A), the Arizona State Trust Land proposed for reclassification in this application is composed of undisturbed natural open space, the conservation of which will help protect Pima County's invaluable natural and cultural resources, create a significant community asset, and considerably enhance the value of adjacent State Trust Land. The majority of the subject property is located within the expansion boundary of Tortolita Mountain Park, a Pima County Natural Resource Park that was established by the Pima County Board of Supervisors in 1986. A formal Master Plan for the park was commissioned in 1996 and adopted by Board of Supervisors on April 15, 1997. The master plan identifies the 6,118 acres of Trust Land cited in this application that are located within the park's expansion boundary as the park's top priority expansion lands. A map of the park's expansion priorities can be found on page 4 of this application. As the map indicates, the property in Sections 1, 2, 3, 4, 5, 10, 11, and 12 of T11 S, R13E are listed as First Priority acquisitions, and Section 16 of Ti 1 S, RI 3E is listed as a Second Priority acquisition. The 3,441acres of Trust Land included in this application that are located outside (east) of the park's Board-adopted expansion boundary (the Trust Lands in Sections 1, 12 and 13 of Ti1 S, R 13 E, and Sections 7, 8, 16, 17, 18, and 20 of Ti1 S, R 14E) make up the Tortolita East Biological Corridor, a biological linkage that will connect the Tortolita Mountain Range with Big Wash, Catalina State Park, the Canada del Oro Wash, the Sutherland Basin and the Coronado National Forest. A map that depicts the Trust Lands that comprise the Tortolita East Biological Corridor can be found on page 7 of this application. The Tortolita East Biological Corridor was formally identified as a key element of the Pima County's recently- developed Sonoran Desert Conservation Plan, which was adopted by the Pima County Board of Supervisors on October 27, 1998. To be effective, biological corridors should be as wide and unaffected as possible, and Pima County believes the subject corridor is of sufficient size to serve its intended purpose. It is anticipated that the lands encompassed by the Tortolita East Biological Corridor will ultimately be incorporated into Tortolita Mountain Park. All of the subject reclassification property is threatened by encroaching urban development from the south, east and north, and needs to be placed under conservation protection at the earliest opportunity to assure its continued availability for incorporation into the park, as well as its viability as a biological corridor. The 7,600 acre Rancho Vistoso community is located immediately south of the proposed reclassification lands within the town of Oro Valley, and the project's developers recently purchased a 350-acre parcel of adjacent private property in an effort to enlarge the project. In addition, we understand that another large retirement community is planned for southern Pinal county just west of the existing SaddleBrooke development. This accelerating development pattern argues for immediate action in order to preserve the subject Trust Land for mountain park and biological corridor purposes. Tortolita Mountain Park will serve as the principal natural open space park for the rapidly growing northwest region of the Tucson Basin, including the Town of Oro Valley, and the 10 Catalina, which is consideringincorporation. Saddlebrooke, a large retirement village of communityjust inside Pinal County, will also be served by the park. Each of these communities is home to large numbers of outdoor enthusiasts--including hikers, equestrians, mountain bicyclists and birdwatchers--all of whom will be able to use the park for recreation purposes. The adjacent Tortolita East Biological Corridor, which is bisected by three trails listed on the Eastern Pima County Trail System Master Plan (two washes and a utility corridor), will also provide appropriate ro riate low-impact recreational activities consistent with its status as a biological linkage area. Further, the area immediately surrounding Tortolita Mountain Park presently has a special rural character, a quality which is becoming increasingly rare in proximity to metropolitan Tucson. This rural character will be protected--at least in part--through the reclassification and eventual acquisition of the subject Trust Lands by Pima County for Tortolita Mountain Park and the Tortolita East Biological Corridor. Pima County's Open Space Bond program, which as approved by the voters on May 20, 1997, will provide approximately $4 million to facilitate the acquisition of the subject reclassification lands. Pima County will seek to leverage matching grants from all available sources--including the state's"Growing Smarter" program--to enhance the purchasing power of the bond funds. Unique Scenic Beauty: The subject Tortolita Mountains-area State Trust Lands possess outstanding scenic values. The Tucson Basin is surrounded by breathtaking mountain ranges, but the Tortolita's landforms offer a special, unique blend of large quantities of rock in unusual formations, including the prominent peaks and ridges that comprise the major canyons of the range. The most identifiable of the park's peaks is 4,651' Tortolitas Peak, which extends onto the subject State Trust Lands in Section 4 of T 11 S, R 13 E. Tortolitas Peak is a community landmark, and its craggy slopes are visible from,a substantial portion of the Tucson Basin. The riparian corridors that pass through the subject Trust Lands--Honey Bee Canyon, Sausalito Creek, Big Wash, and Twenty-Seven Wash--possess exceptional scenic values as well. The subject Trust Lands also contain excellent examples of some very scenic Sonoran Desert habitat, including some of the largest and most impressive saguaro cactus in southern Arizona. The area is unusually rich in crestate saguaros, which are rare and unique. The Trust Lands proposed for reclassification in this application form the western viewshed of the Oracle Highway corridor, one of the most scenic drives in southern Arizona. This route is identified in the Pima County Comprehensive Plan as one of the community's five principal "gateway" corridors, and the corridor derives much of its beauty from these undisturbed Trust Lands. The acquisition of the subject Trust Lands by Pima County will help protect this irreplaceable scenic corridor and, as noted above, help preserve some of the special rural character the area presently enjoys. Wildlife and Vegetation: The subject Trust Lands are principally composed of the Sonoran Desertscrub Plant Community, Paloverde-Cacti-Mixed Scrub Series interspersed with small sections of Sonoran Riparian 11 Scrubland, Mixed Scrub Series and Interior Chaparral, Scrub Oak Series. The vegetation is particularly impressive.lush and im ressive. While no special status plant species have been identified on the subject Trust Lands or elsewhere within the park, the lands do contain large, undisturbed, healthy stands of saguaro, barrel, ocotillo and cholla cactus, mesquite, palo verde and ironwood trees (some of which are hundreds of years old), and a wide variety of native grasses, bushes and other plants. The subject lands also encompass several very important riparian corridors--Honeybee Canyon, Sausalito Creek and Big Wash--all of which are in excellent condition and contain valuable wildlife habitat that should be protected. The Tortolita Mountains area also supports a wide range of wildlife, and is capable of supporting certain Special Status wildlife species. The endangered cactus ferruginous pygmy owl has been sighted within a few miles of the park's planning boundary, and the subject reclassification lands contain habitat considered suitable for the owl. The Sonoran desert tortoise, a species of special concern, is commonly found within the kind of Paloverde-Cacti Mixed Scrub Series habitat found on the subject Trust Lands, and are likely to be found there. Other Special Status wildlife found on and around the subject lands include the American peregrine falcon, the Lesser long- nosed bat, the Mexican long-tongued bat, and the California leaf-tongued bat. A wildlife survey conducted as a part of the master planning process for the park in 1996 identified a wide range of animal and bird species, including mountain lion, peccary, mule deer, and large numbers of birds and lizards. The Tortolita Mountains are also home to a small herd of wild horses--one of the few such herds remaining in southern Arizona. Cultural Resources: The Tortolita Mountains area is rich in cultural resources, and the subject reclassification land is no exception. Evidence of occupation by Hohokam Indians can be found throughout the area. The most significant resource is the large and well-known "Indian Town" site, which straddles the Pima-Pinal county line and is located in Sections 2 and 3 of the proposed reclassification area. Other known sites are located in Sections 1, 11, and 12. However, the area has not yet been systematically surveyed, and additional sites are expected to exist--particularly along Honeybee Canyon and Sausalito Creek in the adopted park expansion boundary, and along Big Wash in the proposed Tortolita East Biological Corridor. The Pima County Parks and Recreation Department plans to conduct a comprehensive cultural resources survey in conjunction with the Pima Community College Archeology Program after the land has been converted to conservation status to collect additional data. A map that depicts the area's known cultural sites is available for review upon request. Because the subject lands contain highly significant known cultural resources, and because additional cultural resource sites are expected to be discovered as further surveys are conducted, the mitigation costs associated with developing the land are likely to be considerable. Wildlife Habitat: •As previously mentioned, the Trust Lands proposed for reclassification contain a large quantity of very significant wildlife habitat. This habitat includes the lower (eastern) slopes and bajada of the Tortolita Mountains, and the Honeybee Canyon, Sausalito Creek, Big Wash and Twenty- Seven Wash riparian corridors. Protecting these important habitat areas is considered essential to assuring the long-term health and viability of the wildlife populations in the Tortolita Mountains. 12 Just as important as maintaining the integrity of these important wildlife habitat areas through preservation is the need to link them to other nearby public open space preserves such as Catalina State Park and the Coronado National Forest. Such linkages will allow the continuation of the natural migration patterns of the animals that frequent this area, which will help protect the �' health of thesePoP ulations by avoiding the habitat fragmentation that can isolate them and compromise their gene pools. Per Rule R12-5-2502(A), the wildlife habitat contained within the subject reclassification lands is located a sufficient distance from existing roads, utility corridors and urban development to assure its viability, and the proposed Torotolita East Biological Corridor will help assure that wildlife movement can occur between the habitat contained within Tortolita Mountain Park and nearby public open space preserves. Other features (including whether, and for what reasons, reclassification is in the best interest of the State Land Trust). The subject Trust Land includes a variety of other features that make it especially worthy of conservation reclassification. As noted, the property contains segments of both Honey Bee Canyon, Sausalito Creek, Big Wash and Twenty-Seven Wash--four very significant natural desert wash corridors. Each of these washes experience substantial flows on an intermittent basis. While not a perennial stream, water can regularly be found in Honey Bee Canyon. The property also encompasses keyportions of the range's watershed, including parts of four drainage basins-- P Cochie Canyon, Wild Burro Canyon, Canada Agua and North Ranch. Each of these drainages are important regional hydrological features that should be protected. The undisturbed natural washes that cross the property play a significant role in regional flood control, as well as the recharge of the area's aquifer. The reclassification area--within the park boundaries and within the biological corridor--also contains outstanding trails-based recreation potential for hikers, equestrians, and bicyclists. Several trails listed on the Eastern Pima County Trail System Master Plan (Pima County Ordinance #1996-75) cross the property, including the Honeybee Canyon Trail (Trail #33), the Sausalito Wash Trail (Trail #34), the WAPA Power Line Trail (Trail #180), the Big Wash Trail (Trail #156) and the Twenty-Seven Wash Trail (Trail #168). The property also offers excellent opportunities for environmental education and scientific research. The subject land is surrounded by adjacent State Trust Lands, the value of which will be considerably enhanced as the park is developed (the value of properties located next to natural P open space reserves is demonstrably greater than property located in developed areas away from P P large tracts of preserved open space). Lands that back up to parks, forests and natural open space are much more attractive toP otential home buyers, and thus more valuable to the development community. A good case in point is SaddleBrooke, which was located to take advantage of its . natural resource surroundings, and is a major reason why people buy homes in this. remote community. In summary, the proposed reclassification will not only benefit the citizens of Pima and Pinal County and the natural environment in a variety of important ways, it will also directly and significantly benefit the State Land Trust. 13 ExistingSurface Uses (items B, C and D may be submitted on separate sheets). 5. A. Are any of the following on the land? 1. Planning Permit issued under the Urban Lands Act? No, per the Arizona State Land Department. 2. Approved Development Plan under the Urban Lands Act? No, per the Arizona State Land Department. 3. Holding Lease? No, per the Arizona State Land Department. B. Identify all existing surface users of the land by lease number: Grazing Lease(s): #005-000962-00-000 - D.M. and Glenda Martin, Rail X Ranch Commercial Lease(s): #003-000845-00-000 - Arizona Department of Juvenile Justice #003-101175-00-000 - Greater Catalina #003-054074-00-000 - Thurland Reay Family Special Land Use Permit(s): #023-103384-00-000 - Coronado Vista LTD Partnership Rights -of-Way: #009-000970-00-000 - Arizona Dept. of Transportation (Perpetual) #009-003568-00-000 - Pima County (Perpetual) #014-029816-00-000 - U.S. West Communications #014-031082-00-000 -U.S. West Communications #014-047500-00-000 - U.S. West Communications #014-094268-00-000 -American Telephone and Telegraph Co. #016-004950-00-000 - Pima County(Perpetual) #016-061327-00-000 - Pima County (Perpetual) #016-090721-00-000 - SAX(Perpetual) #016-091970-00-000 - Cornett (Perpetual) #016-094226-00-000 - Pima County (Perpetual) #016-095588-00-000 - Arizona Dept. of Corrections (Perpetual) #018-041560-00-000 - Tucson Electric Power Company #018-084478-00-000 - U.S. West Communications #018-084479-00-000 - U.S. West Communications #018-094250-00-000 - Tucson Electric Power Co. #018-098837-00-000 - Tucson Electric Power Co. #018-101123-00-000 - Lago Del Oro Water Co. 14 #065-000098-00-000 - U.S. Bureau of Reclamation (Perpetual) #065-000249-00-000 - U.S. Army Corps of Engineers (Perpetual) #071-002678-00-000 -U.S. West Communications (Perpetual) #071-003334-00-000 - Southwest Gas Corporation (Perpetual) #071-003336-00-000 - Southwest Gas Corporation (Perpetual) #071-003340-00-000 - Southwest Gas Corporation (Perpetual) #071-003892-00-000 - U.S. West Communications (Perpetual) #071-004118-00-000 - Tucson Electric Power Co. (Perpetual) #071-004146-00-000 - U.S. West Communications (Perpetual) #071-004944-00-000 -U.S. West Communications (Perpetual) Other Use(s) - (please identify use) Mineral lease #004-098270-08-000 - Catalina Marble, Inc. Mineral lease #011-000919-00-000 - Catalina Marble, Inc. Mineral lease#011-004336-00-000 - Catalina Marble, Inc. Mineral lease#011-004337-00-000 - Catalina Marble, Inc. Mineral lease #011-004338-00-000 - Catalina Marble, Inc. Mineral lease #011-004339-00-000 - Catalina Marble, Inc. Mineral lease#011-004340-00-000 - Catalina Marble, Inc. Mineral lease #01 1-004341-00-000 - Catalina Marble, Inc. Mineral lease#023-101910-00-000 - Catalina Marble, Inc. Limited ROE#029-099158-00-000 -Del Webb Const. Co. Federal NRC #065-000249-00-000 -U.S. Army Corps of Eng. C. For each of the existing surface uses listed in SB above, state how the use will be affected physically by the proposed conservation use(s)you have identified in response to Question#3. Grazing Leases. The grazing leases across the subject State Trust Lands will remain unaffected during the period of the API reclassification. However, Pima County intends to eventually acquire the property within the park's expansion boundary for formal addition to the park, and at that time, the status of grazing activity on the land will be reviewed by the Pima County Board of Supervisors. The Department has met with the grazing lease holder, Mr. Martin, and his son, and both are aware of Pima County's plans to proceed with the development of Tortolita Mountain Park. • Commercial Lease(s). The physical effects of the proposed reclassification on the existing commercial leases has yet to be determined, but Pima County will seek to minimize or negate the impact, if applicable, wherever possible. 15 Special Land Use Permit(s). The physical effects of the proposed reclassification on the existing State Land Use Permit has not yet been determined, but, as with the Commercial Leases, Pima County will work with the SLUP holder and seek to minimize or negate the impact, if applicable, wherever possible. Rights -of-Way. The rights-of-way listed above will not be affected. Other Use(s) (please identify use). The existing mineral leases on the subject property will be addressed in accordance with the terms of the Arizona Preserve Initiative. Pima County's intent is to someday phase out mining on the subject reclassification lands, as it is incompatible with the purpose and intent of the park. Pima County is likely to oppose any expansion of the existing mining operation as incompatible with the park, and also because of the potential natural resource and watershed impacts likely to occur from any enlargement of the mine. We do not anticipate that the other uses listed--the Del Webb Limited ROE, which will eventually expire, and the U.S. Army Corps of Engineers Non-Rental Contract (Code 65)--will be affected. D. For each of the existing surface uses listed in 5B above, state how the use will be affected economically by the proposed conservation uses(s) you have identified in response to Question#3. Grazing Leases. During the life of the proposed API reclassification, the grazing lessee will not be affected economically. Grazing will continue on the subject State Trust Lands. However, after the land is acquired by Pima County, the status of grazing on the subject lands will be reviewed by the Pima County Board of Supervisors, who will determine if the practice is compatible with the park and the intended conservation use of the land. An important element of the county's recently-adopted Sonoran Desert Conservation Plan involves the preservation of existing ranches in the Eastern Pima County area, and this commitment will play a major role in the Board's decisionmaking when the status of Tortolitas-area grazing leases are considered. However, it should be noted that ranching in the subject area is becoming increasingly difficult, as the region is developing rapidly. Considerable growth has occurred in the Town of Oro Valley, and a new large-scale retirement community is planned for construction just. north of the subject area in Pinal County. In addition, the community of Catalina is considering incorporation. Given the rapid pace of growth, it is unlikely that the area would remain suitable for ranching beyond the next 8-10 years in any event. The rancher, Mr. Martin, recognizes that the 16 character of the area is changing, and has acquired grazing lands elsewhere in southern Arizona that will allow the continuation of his family's ranching business. Commercial Lease(s). The economic effects of the proposed reclassification on the existing commercial leases has yet to be determined, but Pima County will work with the existing lease holder to seek to minimize or negate the impact, if applicable, wherever possible. Special Land Use Permit(s). The economic effects of the proposed reclassification on the existing State Land Use Permit has not yet been determined, but, as with the Commercial Leases, Pima County will work with the SLUP holder and seek to minimize or negate the impact, if applicable, wherever possible. Rights-of-Way. The listed rights-of-way will not be affected. Other Use(s) (please identify use). The mineral leases that presently exist on the property will be addressed in accordance with the terms of the Arizona Preserve Initiative. The intent of Pima County is to someday phase out this use in the park, as it is incompatible with the purpose and intent of a Pima County Natural Resource Park. While Pima County will not seek to secure the cessation of mining activities at the existing mine any time in the near future, the county is likely to oppose the expansion of the existing mining operation as incompatible with the park, and also because of the potential natural resource and watershed impacts which are like to arise from any expansion of the mine. The ultimate economic impact of the county's plans on this lessee are unknown, as the county is unaware of the current productivity of the mine and the viability of the markets in which the mined material is sold. We do not anticipate that the other uses listed--the Del Webb Limited ROE, and the U.S. Army Corps of Engineers Non-Rental Contract (Code 65)--will be affected economically. 6. In what local jurisdictions(s), i.e. city, town or county, is the land located? The proposed reclassification lands are located within unincorporated Pima County and unincorporated Pinal County. The lands are immediately north of the incorporated town of Oro Valley, a municipality with a population of approximately 23,500, and west of the village of Catalina, which is considering incorporation. Most of the subject reclassification land is located within three miles of the Oro Valley municipal boundary. However, some of the lands, particularly the lands within Pinal County, are not within the three-mile API boundary limit. 17 Pima County requests that these lands be subject to the 10-mile API boundary extension recently approved for use in Pima County by the Arizona State Legislature through the passage of SB 1088. This legislation specifically recognizes State Trust Lands in Pinal County within the boundaries of Tortolita Mountain Park (T1OS, R12E and T1 OS, R 13 E) as eligible for the application of the 10-mile boundary extension. In addition, the lands meet the "specific physical characteristic" requirement set forth in SB 1088 in that they are a contiguous part of the Tortolita mountain range. 7. Local Government Comprehensive Plan and Zoning (attach maps if necessary): A. What use does the local governing authority designate for the land in its comprehensive plan? The Pima County Comprehensive Plan places the subject reclassification land in three principal categories: Resource Conservation (RC), Resource Transition (RT), and Development Reserve (DR). The purpose of the Resource Conservation category is described in the Plan as follows: "To recognize and protect existing, and provide for future, public open space land necessary to achieve policy objectives regarding environmental quality, public safety, open space and recreation and cultural heritage and to promote an interconnected, regional open space network, including parks, trails, desert belts, natural washes, flood-plains, and other open space areas." The purpose of the Resource Transition category is as follows: "To preserve open space characteristics of development-sensitive lands in the vicinity of public resource management units; to promote development that blends with the natural landscape, to extend visually the public land boundaries, and to protect wildlife habitat." The purpose of the Development Reserve category is as follows: "To designate areas for potential urban land use based on considerations regarding the provision of public services and infrastructure." The Resource Conservation and Resource Transition categories recognize the inherent sensitivity of the subject lands and encourages their preservation to the maximum extent feasible.A map that depicts the area proposed for conservation reclassification.inside park boundaries and its Pima County Comprehensive Plan status can be found in Appendix A of this application. The Development Reserve Category is a designation that identifies areas that may be appropriate for development based on the satisfaction of the elements of an analysis process prescribed in the Pima County Zoning Code (Chapter 18 18 Code).the Pima CountyCode . DR-designated lands have a designated maximum residential gross density of just 0.3 RAC. The Pinal County Comprehensive Plan identifies the subject Trust Lands within Pinal County as beinglocated in a Land Use Capability category of"Little or No Capability" for development. The vast majority of the Tortolita Mountains area within Pinal County is listed in the Pinal County Comprehensive Plan as being of either"Little or No Capability" or "Low Capability" for development. B. Is thero osed conservation use(s) consistent with that comprehensive plan? P P Yes No If yes, how is it consistent or if not, how does it differ? In the opinion of Andy Gunning, the Pima County Comprehensive Plan Manager, the proposed osed conservation use of the subject Trust Land is consistent with the intent of the area's designation, which, with the exception of the land designated as Development Reserve (DR), is to either to preserve these lands in their natural state or to maintain as much of their natural open space character as is possible. Mr. Gunning also believes that conservation is consistent with the lands designated as Development Reserve,because the lands presently lack the infrastructure to support development and contain sensitive natural and cultural resources worthy of protection. A map depicting the Pima County Comprehensive Plan designations for most of the area surrounding Tortolita Mountain Park can be found in Appendix A. Interested parties are invited to contact Mr. Gunning at (520) 740-6800 for additional information should questions arise. The protection of the subject State Trust Lands and its linkage with other nearby public open space preserves is consistent with several other aspects of the Pima County Comprehensive Plan, which states "The goal of the Comprehensive Plan with regard to open space is to support an integrated regional open space system as proposed in the Open Space Committee Report and adopted in the CLUE (Conceptual Land Use Element). The Y space open system, composed of public parks and preserves, river parks, P desert belts,natural and cultural landmarks, protected floodplain and wildlife habitat, and subdivision linkages, shall be the basis for subregional and site-specific open space preservation." (p. 3B-6). The Plan's Conceptual Land Use Element further directs the implementation of an"... interconnected open space and recreation system..." (p. 3C-13), as well as efforts to "improve the livability of urban planning areas..." (p. 3C-15). The subject conservation reclassification application will help accomplish all of these Comprehensive Plan goals. The proposed conservation use of the subject Trust Land in Pinal County is consistent with the Pinal County Comprehensive Plan, which identifies the property as having "Little or No Capability" for development. For additional information regarding Pinal 19 County's land designations, please call Pinal County Planning Director Dennis Cady at (520) 868-6442. C. What is the existing zoning on the property? The vast majority of the existing zoning on the subject reclassification land located in Pima County is "RH," (Rural Homestead) or"IR" (Institutional Reserve). The RH Zone allows just one residence per 180,000 square feet, or approximately 4.1 acres. RH is the second lowest-density zoning category used by Pima County. Only the IR Zone, which allows one residence per 36 acres, is lower density. Both zoning categories are intended to maximize the preservation of natural open space. A very small amount of the Pima County Trust Land proposed for reclassification in this application(specifically the land in Section 16 of T 11 S, R14E) is zoned GR-1. According to the Pima County Zoning Code, the GR-1 zone is "...intended to encourage orderly growth in rural and semirural areas...," and has a minimum lot size of 36,000 square feet, making it another relatively low density land use. The existing zoning on the State Trust Lands located in Pinal County is GR, or General Rural. The GR zoning category is intended for large lots with a minimum size of 54,500 square feet, or one residence per 1.25 acres. Maps depicting the existing zoning surrounding Tortolita Mountain Park in both Pima and Pinal Counties is attached to this application(please see Appendix B). D. Is the proposed conservation use(s) consistent with the existing zoning? Yes ✓ No Ifyes how is it consistent, or if not, how does it differ? The Pima County Planning Department has indicated that the conservation use of the subject State Trust Land is consistent with the RH and IR zones, which, as noted, are the lowest-density of all Pima County zoning categories. The RH and IR zones emphasize the protection of natural open space, which is consistent with the intent of the proposed conservation reclassification. The small amount of GR-1-zoned Trust Land in this application is also consistent with conservation by virtue of its location immediately adjacent to HRV (high resource value) lands and inherent large-lot requirement. The proposed conservation use is also consistent with the existing GR zoning in Pinal County. The GR zone is a low-density rural zoning designation applied broadly in areas of little or no existing development. However, the true measure of the consistency of the proposed conservation use with existing Pinal County land use policies is the fact that the area has been designated in the Pinal Comprehensive Plan as an area with "Little or No Capability" for development. 20 8. A. Identify the positive physical and economic impacts of the proposed conservation use(s) on the local community nearest the land. The proposed conservation reclassification of the subject State Trust Land will benefit the local communities nearest the land in a variety of tangible ways. The communities of Catalina, Oro Valley and SaddleBrooke will benefit from the preservation of natural open space and Tortolita Mountain viewsheds, which will enhance the quality of life in these areas, make them more desirable places to live, and bolster land values. (The value of adjacent Trust Land will be enhanced as well). Conserving these Trust lands will facilitate their incorporation into Tortolita Mountain Park,which will provide recreation opportunities for hikers, walkers, bicyclists, horseback riders, and other low-impact recreationists, as well as environmental education and scientific research opportunities. Providing these kinds of new opportunities will stimulate the local business economy, which will seek to meet the increased demand for a wide variety of products and services generated by tourists and local park users. Businesses that will benefit or be created include hiking, equestrian and bicycle shops and outfitters, restaurants, hotels, automobile services, tour guide businesses and much more--all of which will increase the local tax base and create a wide variety of new jobs. The local academic community (the University of Arizona and Pima College) will also benefit from the protection of an area suitable for scientific and historic research. In addition, the creation of the Tortolita East Biological Corridor through the protection of the Trust Lands adjacent to Tortolita Mountain Park will provide a much-needed linkage between the Catalina and Tortolita Mountains and help protect the viability of the area's precious wildlife resources. Adjacent local communities will benefit from the establishment of the Tortolita East Biological Corridor, which will soften the interface between the area's urban and natural environments and reduce the likelihood and severity of conflicts between humans and animals. The net effect of the conservation of the subject State Trust Land will be a large-scale benefit for adjacent local communities, and the State Land Trust as well. B. Identify the negative physical and economic impacts of the proposed conservation use(s) on the local community nearest the land. The conservation of the subject State Trust Land is not expected to have any significant negative physical or economic impacts on the local communities nearest the land. 9. Who or what entity would likely manage the land if, after classification, the land is approved for lease or purchase for conservation purposes? The subject reclassification land will be managed by Pima County through the Pima County Parks and Recreation Department, which already oversees 3;245.75 acres of property in the Tortolita Mountain range. The property will ultimately be managed in accordance with the Tortolita Mountain Park Master Plan, a comprehensive planning document adopted by the Pima County Board of Supervisors on April 15, 1997 (Resolution #1997-73), and other adopted Pima County mountain park and natural resource area policies and regulations. A copy of the Master 21 Plan has been previously provided to the State Land Department. Additional copies of the Master Plan, or a copy of the Tortolita Mountain Park Background Report, will be provided to the State Land Department upon request. 10. What is the known mineral potential of the land, if any, including sand and gravel uses? 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