Chapter 1.05
CODE ADOPTION, AUTHORITY, AND PENALTY
Sections:
1.05.020 How code is designated and cited.
1.05.030 Construction of ordinances.
1.05.050 Reference to code – Conflicting provisions.
1.05.080 Severability of parts of the code.
1.05.085 Repeal of conflicting provisions.
1.05.090 Authority of code compliance officers.
1.05.010 Code adopted.
A. The Sahuarita Town Code, as declared a public record pursuant to Resolution No. 2006-11, is hereby adopted as the town code for the town of Sahuarita, Arizona, and replaces the former town code and zoning code.
B. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to the ordinance codified in this section and sections of the town code. [Ord. 2015-098 § 1; Ord. 2006-02 §§ 1, 2; Ord. 1995-10 §§ 1, 2.]
1.05.015 Reserved.
[Ord. 2015-098 § 1; Ord. 2006-02 § 4.]
1.05.020 How code is designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated “The Code of the Town of Sahuarita, Arizona,” and may be so cited. Such code may also be cited as the “Sahuarita Town Code.” [Ord. 2023-169 § 3 (Exh. A); Ord. 2015-098 § 1; prior code Art. 1-1.]
1.05.030 Construction of ordinances.
The rules and the definitions set forth in this chapter shall be observed in the construction of this code and the ordinances of the town unless such construction would be inconsistent with either the manifest intent of the council, the context of this code or the ordinances of the town. [Ord. 2015-098 § 1; prior code Art. 1-2.]
1.05.040 Definitions.
A. General Rule Regarding Definitions. All words and phrases shall be construed and understood according to the common and approved use of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
B. Definitions.
1. Acts by Agents. When an act is required to be done which may by law as well be done by an agent as by the principal, such requirements shall be construed to include all such acts when done by an authorized agent.
2. Code. When the word “code” is used, it shall mean the town code of the town of Sahuarita, Arizona, unless the context indicates otherwise.
3. Code Compliance Officer. “Code compliance officer” means any employee designated and authorized by the town manager to administer and enforce any provision of the town code, the building code, the zoning code or any other town ordinance, or any duly authorized agent or designee of that employee, regardless of the employee’s position title.
4. Council. When the word “council” is used, it shall mean the town council of the town of Sahuarita.
5. County. When the word “county” is used, it shall mean Pima County, Arizona, unless the context clearly indicates otherwise.
6. Day. “Day” is the period of time between any midnight and the midnight following.
7. Daytime – Nighttime. “Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.
8. Department – Board – Commission – Office – Officer – Employee. Whenever any “department,” “board,” “commission,” “office,” “officer” or “employee” is referred to, it shall mean a department, board, commission, office, officer or employee of the town of Sahuarita unless the context requires otherwise.
9. Gender – Singular and Plural. Words of the masculine gender include the feminine, words in the singular include the plural and words in the plural include the singular.
10. Joint Authority. All words purporting to give a joint authority to three or more town officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.
11. Mayor. “Mayor” means the mayor of the town of Sahuarita unless otherwise specifically designated.
12. Month. “Month” means a calendar month.
13. Oath. “Oath” includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
14. Owner. The word “owner” applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of part of such building or land.
15. Person. The word “person” includes a corporation, company, partnership, association or society as well as a natural person.
16. Personal Property. The term “personal property” includes every species of property, except real property as defined in this section.
17. Preceding – Following. The words “preceding” and “following” mean next before and next after, respectively.
18. Property. The term “property” includes lands, tenements and hereditament and personal property.
19. Real Property. The term “real property” includes lands, tenements and hereditament.
20. Shall – May. “Shall” is mandatory and “may” is permissive.
21. Shall Have Been. The words “shall have been” include past and present and future cases.
22. Signature or Subscription by Mark. “Signature” or “subscription” includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his or her own name near the signer’s or subscriber’s name, but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
23. Tenses. The present tense includes the past and future tenses, and the future includes the present.
24. Time – Computation. The time within which an act is to be done as provided in this code or in any order issued pursuant to any ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is a Saturday, Sunday or holiday it shall be excluded, and when such time is expressed in hours, the whole of Saturday, Sunday or a holiday, from midnight to midnight, shall be excluded.
25. Time – Reasonable. In all cases where any section of this code shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.
26. Town. When the word “town” is used, it shall mean the town of Sahuarita, Pima County, Arizona, except as otherwise provided. The words “in the town” or “within the town” shall mean and include all territory over which the town has jurisdiction for the exercise of its police powers or other regulatory powers as authorized by statute.
27. Week. A “week” consists of seven consecutive days.
28. Writing. The term “writing” means any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless expressly provided otherwise.
29. Year. “Year” means a calendar year unless otherwise provided. [Ord. 2015-098 § 1; prior code Art. 1-3.]
1.05.050 Reference to code – Conflicting provisions.
A. Additional Rules of Construction. In addition to the rules of construction specified in STC 1.05.030 and 1.05.040, the rules set forth in this section shall be observed in the construction of this code.
B. References to This Code. All references to titles, chapters or sections are to the titles, chapters and sections of this code unless otherwise specified.
C. Conflicting Provisions – Different Titles. If the provisions of different titles of this code conflict with or contravene each other, the provisions of each title shall prevail as to all matters and questions growing out of the subject matter of such title.
D. Conflicting Provisions – Same Title. If conflicting provisions are found in different sections of the same title, the provisions of the section which is last in numerical order shall prevail unless such construction is inconsistent with the meaning of such title. [Prior code Art. 1-4.]
1.05.060 Section headings.
Headings of the several sections of this code are intended as a convenience to indicate the contents of the section and do not constitute part of the law. [Prior code Art. 1-5.]
1.05.070 Effect of repeal.
When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. [Prior code Art. 1-6.]
1.05.080 Severability of parts of the code.
It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this code shall be severable, and if any provision of this code is held unconstitutional for any reason by a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of the code. [Prior code Art. 1-7.]
1.05.085 Repeal of conflicting provisions.
All ordinances, resolutions, or motions and parts of ordinances, resolutions or motions of the council in conflict with the provisions of the ordinance codified in this chapter are hereby repealed, effective as of the effective date of the ordinance codified in this chapter. All internal references within the town code to any affected provision are hereby updated. [Ord. 2006-02 § 3.]
1.05.090 Authority of code compliance officers.
Code compliance officers are granted the authority expressly and impliedly necessary for the administration and enforcement of those areas of the town code, the building code, the zoning code, or any other town ordinance that the code compliance officer is responsible for. This authority includes, but is not limited to, authorization to issue uniform civil code complaints, as described in STC Title 15, for any violations of the town code, the building code, the zoning code or any town ordinance that are classified as civil offenses. Code compliance officers may not issue citations for violations that are classified as criminal offenses. [Ord. 2015-098 § 1.]
1.05.100 Penalty.
A. General Violations. Except as otherwise provided in this code, any person found guilty of violating any provisions of this code shall be guilty of a class one misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $2,500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described.
B. Traffic Violations. Any violation of or failure or refusal to do or perform any act required by STC Title 10 or ARS Title 28, constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of ARS Title 28, Chapter 6, Articles 20 and 21, and amendments thereto. [Ord. 2015-098 § 1; Ord. 1995-10 § 6; prior code Art. 1-8. Formerly 1.05.090.]