Chapter
1
GENERAL
PROVISIONS
Sec.
1-1. How code designated and cited.
The ordinances embraced in the
following chapters and sections shall constitute and be designated "The
Code of the City of Tempe, Arizona" and may be so cited. Such code may
also be cited as "Tempe City Code".
(Code
1967, § 1-1)
Charter reference—Codification of ordinances, § 2.15.
State law reference—Adoption of codes by reference, A.R.S.,
9-801—9-804.
Sec. 1-2.
Definitions and rules of construction.
In the construction of this code and of
all ordinances of the city, the following rules shall be observed, unless such
construction would be inconsistent with the manifest intent of the city council
or the context clearly requires otherwise:
City. The words "the city" or
"this city" shall be construed as if followed by the words "of
Code. The words "the Code" or
"this Code" shall mean "The Code of the City of Tempe,
Arizona".
Computation
of time. Except as
otherwise provided, the time in which an act is required to be done shall be
computed by excluding the first day and including the last day, unless the last
day is a holiday, and then it is also excluded. In cases in which notice of a
decision by the city must be given to a petitioner and in which the petitioner must
file a notice of appeal of such decision within a time certain of less than ten
(10) days, such time shall be computed starting with the day after the day
during which the notice of decision is received by the petitioner by personal
service or registered or certified mail.
State law reference—Similar provisions, A.R.S. § 1-243.
Council or city
council. Whenever the words "council" or "city council"
are used, they shall be construed to mean the city council of the City of
Tempe, Arizona.
County.
The words "the
county" or "this county" shall mean the
Day.
A day is the period of
time between any
Daytime
is the period of time
between sunrise and sunset.
State law reference—Similar provisions, A.R.S., § 1-215(6).
Department,
board, commission, office, officer or
employee. Whenever any department,
board, commission, office, officer or employee is referred to, it shall mean a
department, board, commission, office, officer or employee of the city, unless
the context clearly indicates otherwise.
Gender.
The masculine gender
includes the feminine and neuter.
State law reference—Similar provisions, A.R.S., § 1-214.
In
the city. The words
"in the city" or "within the city" shall mean and include
all territory over which the city now has, or shall hereafter acquire,
jurisdiction for the exercise of its police powers or other regulatory powers.
State law references—Extraterritorial jurisdiction, A.R.S. §§
9-240(B)(21), 9-276(A)(18), 9-402; application of municipal ordinance to
municipally owned, leased, etc., property, A.R.S. § 9-401.
Joint
authority. All words
giving a joint authority to three (3) or more persons or officers shall be
construed as giving such authority to a majority of such persons or officers.
State law reference—Similar provisions, A.R.S., § 1-216.
Month. The word "month" shall mean a
calendar month.
State law reference—Similar provisions, A.R.S., § 1-215(19).
Nighttime
is the period between sunset
and sunrise.
State law reference—Similar provisions, A.R.S. § 1-215(21).
Number. The singular number includes the
plural, and the plural the singular.
State law reference—Similar provisions, A.R.S., § 1-214.
Oath.
"Oath"
includes affirmation or declaration.
State law reference—Similar provisions, A.R.S., § 1-215(22).
Or,
and. "Or" may
read "and" and, "and" may be read "or," if the
sense requires it.
Owner. The word "owner" applied to a
building or land, shall include any part owner, joint owner, tenant in common,
joint tenant or tenant by the entirety of the whole or a part of such building
or land.
Person.
"Person"
includes any person, firm, association, organization, partnership, business
trust, corporation or company.
State law
reference—Similar
provisions, A.R.S., § 1-215(24).
Personal
property includes money,
goods, chattels, dogs, things in action and evidences of debt.
State law reference—Similar provisions, A.R.S., § 1-215(25).
Preceding,
following. The words
"preceding" and "following" mean next before and next
after, respectively.
Property.
The word
"property" shall include real and personal property.
State law reference—Similar provisions, A.R.S., § 1-215(27).
Real
property shall include
lands, tenements and hereditaments.
State law reference—Similar provisions, A.R.S., § 1-215(28).
Shall,
may. "Shall"
is mandatory and "may" is permissive.
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 own name near the signer's or subscriber's name.
State law reference—Similar provisions, A.R.S., § 1-215(31).
State. The words "the state" or this
"state" shall be construed to mean the State of
Technical
and nontechnical words. All
words and phrases shall be construed and understood according to the common and
approved usage of the language, but technical words and phrases and such others
as may have acquired a peculiar and appropriate meaning in the law shall be
construed and understood according to such peculiar and appropriate meaning.
State law reference—Similar provisions, A.R.S., § 1-213.
Tenses.
The present tense
includes the past and future tenses, and the future includes the present.
State law reference—Similar provisions, A.R.S., § 1-214.
Week.
A "week"
consists of seven (7) consecutive days.
Writing.
"Writing"
includes any form of recorded message capable of comprehension by ordinary
visual means. Whenever any notice, report, statement or record is required or
authorized by this code, it shall be made in writing in the English language
unless it is expressly provided otherwise.
Year.
The word
"year" shall mean a calendar year, except where otherwise provided.
(Code
1967, § 1-2)
Sec. 1-3.
Ordinances not affected by code.
Nothing in this code or the ordinance
adopting this code shall affect any ordinance:
(1) Promising or guaranteeing the payment of
money for the city or authorizing the issue of any bonds of the city or any
evidence of the city's indebtedness or any contract or obligation assumed by
the city;
(2) Providing
for the annual tax levy;
(3) Granting
a franchise;
(4) Relating to the salaries of the city officers
or employees;
(5) Annexing
territory to the city;
(6) Naming, renaming, opening, accepting or
vacating streets or alleys in the city;
(7) Relating
to zoning;
(8) Relating
to subdivision control;
(9) Adopted for purposes which have been
consummated;
(10) Which is temporary, although general in
effect; or
(11) Special, although permanent in effect, and
all such ordinances are hereby recognized as continuing in full force and
effect to the same extent as if set out at length in this code.
Sec. 1-4.
Provisions considered as continuations of existing ordinances.
The provisions appearing in this code,
so far as they are the same as those of ordinances existing at the time of the
effective date of the code, shall be considered as continuations thereof and
not as new enactments.
(Code
1967, § 1-3)
Sec. 1-5.
Code does not affect prior offenses, rights, etc.
Nothing in this code or the ordinance
adopting this code shall affect any offense or act committed or done, or any
penalty or forfeiture incurred, or any contract or right established or
accruing before the effective date of this code.
State law reference—Effect of adoption of state statutes on
prior offenses and punishments, A.R.S. § 1‑105.
Sec. 1-6.
Catchlines of sections; history notes, etc.; references to code.
(a) The
catchlines of the several sections of this code printed in boldface type are
intended as mere catch words to indicate the contents of the section and shall
not be deemed or taken to be titles of such section, nor as any part of the
section, nor, unless expressly so provided, shall they be so deemed when any
such section, including the catchline, is amended or reenacted.
(b) The
history or source notes appearing in parentheses after sections in this code
are not intended to have any legal effect but are merely intended to indicate
the source of matter contained in the section.
Cross references and state law references which appear after sections or
subsections of this code or which otherwise appear in footnote form are
provided for the convenience of the user of this code and have no legal effect.
(c) All
references to chapters, articles or sections are to the chapters, articles and
sections of this code unless otherwise specified.
(Code
1967, § 1-4)
State law reference—Similar provisions, A.R.S. § 1-212.
Sec. 1-7.
General penalty; civil penalties; fees and collection; continuing
violations.
(a) Whenever in this code, or in any ordinance
of the city or in any order, rule or regulation issued or promulgated pursuant
thereto, any act is prohibited or is made or declared to be unlawful or an
offense or a misdemeanor, or the doing of any act is required or the failure to
do any act is declared to be unlawful or an offense or a misdemeanor, where no
specific penalty is provided therefor, the violation of any such provision of
this code or other ordinance of the city or such order, rule or regulation
shall be punished by a fine not exceeding two thousand five hundred dollars
($2,500) plus applicable surcharges, or imprisonment for a term not exceeding
six (6) months, or by both such fine and imprisonment.
(b) Any
person violating any of the provisions of this code which are designated as
subject to civil sanction or penalty shall be punished by imposition of a civil
sanction not to exceed five hundred dollars ($500), unless another penalty is
specified.
(c) If
the court refers any delinquent fines, fees, sanctions, penalties or
restitution for collection, any collection or attorney costs are recoverable
from the defendant and may be added to any balance due from the defendant to
the court.
(d) In
the discretion of the sentencing judge or magistrate, persons convicted of any
violation of this code, or any ordinance of the city or any order, rule or regulation
promulgated pursuant thereto, may be sentenced to a term of probation not
exceeding three (3) years subject to such terms and conditions, including but
not limited to the imposition of a fine or incarceration, or both such fine and
incarceration, as the judge or magistrate deems appropriate and in the best
interests of justice.
(e) Every
day a violation of this code or any ordinance of the city or such order, rule
or regulation shall continue shall constitute a separate offense.
(Code
1967, § 1-7; Ord. No. 508.2, 4-12-84; Ord. No. 808.90-01, 2-8-90; Ord. No.
95.11, 4‑13‑95; Ord. No. 2002.35, 8-8-02)
Sec.
1-8. Commencement of civil action,
citation, contents.
(a) Unless otherwise specified, all civil actions for violations of this code which are designated as subject to civil sanction or penalty shall be commenced by delivering a citation to the person responsible for the violation.
(b) The citation shall direct the defendant to appear in Tempe Municipal Court or pay the fine imposed within fourteen (14) days after issuance of the citation. The form shall contain a schedule of fines and penalties.
(c) The
citation shall be served by delivering a copy to the defendant by any of the following
means:
(1) By
service upon the defendant;
(2) By first class mail, postage prepaid, addressed to the defendant at the last known address. Service by mail is deemed complete upon deposit in the U.S. mail;
(3) By
posting the citation on the property where the violation has occurred; or
(4) By any of the methods described in rules 4, 4.1 or 4.2, Arizona Rules of Civil Procedure.
(d) The citation shall contain the date and location of the violation, reference to the Tempe City Code provision or ordinance violated, and notice that within fourteen (14) days from the date on which the citation was issued the fine for the violation must be paid to and received by the Tempe Municipal Court or a request for a hearing be made to and received by the Tempe Municipal Court.
(e) The citation shall state that if the
defendant fails to appear within the time specified, and either pay the fine
for the violation or request a hearing, judgment by default will be entered in
the amount of the fine designated on the citation for the violation charged
plus a penalty amount as may be established by this code for the defendant's
failure to appear.
(Ord. No. 2002.35, 8-8-02)
Sec. 1-9.
Appearance; payment by mail.
(a) The
defendant shall, within fourteen (14) days of the issuance of the citation,
appear in person or through his attorney in the Tempe Municipal Court, and
shall either admit or deny the allegations contained in the citation, or defendant
may proceed as provided in paragraph (b) below.
If the defendant admits the allegations, the court shall immediately
enter judgment against the defendant in the amount of the fine for the
violation charged. If the defendant
denies the allegations contained in the citation, the court shall set a date
for a hearing of the matter.
(b) The defendant may admit the allegation in the citation and pay the fine indicated by mailing the citation together with a check or money order made payable to the Tempe Municipal Court. If admitting the allegation, the defendant may also pay the fine by credit card as prescribed by the court. If payment is not received by the court date provided on the citation, a default judgment will be entered.
(c) Any defendant who appears in the Tempe Municipal Court and denies the allegations as provided in subsection (a) above shall be deemed to have waived any objection to service of the citation, unless such objection is affirmatively raised by the defendant at the time of the first appearance in relation to the citation.
(Ord.
No. 2002.35, 8-8-02)
Sec. 1-10. Default
judgment; collection of judgments.
(a) In
addition to any civil sanction imposed, the city court shall assess a default
fee of not less than fifty dollars ($50), unless another amount is specified in
the Code, for:
(1) Each default judgment entered upon a failure of the defendant to
appear for any civil violation, or for any civil traffic violation, unless such
default judgment is set aside under Rule 28 of the Rules of Procedure in Civil
Traffic Violation Cases; or
(2) A failure to pay any civil sanction imposed by the court.
(b) A
judge or hearing officer may waive all or part of the default fee if the payment
of the fee would cause a financial hardship to the defendant.
(c) No
judgment may be entered against a fictitiously identified defendant, unless the
citation is amended to reflect the true identity of the defendant who received
the citation.
(d) The court may enforce collection of
delinquent fines, fees, reinspection fees and penalties as may be provided by
law. Any judgment for civil sanction
pursuant to this article may be collected as any other civil judgment.
(Ord. No. 2002.35, 8-8-02)
Sec. 1-11. Rules
of procedure and appeal.
The Arizona Rules of Procedure in Civil
Traffic Violation Cases shall be followed by the Tempe Municipal Court for
civil citations issued pursuant to the Tempe City Code except as modified or
where inconsistent with the provisions of the Tempe City Code or as modified or
established for use by the Tempe Municipal Court or the Arizona Supreme Court.
(Ord. No. 2002.35,
8-8-02)
Sec.
1-12. Effect of repeal of ordinances.
The repeal of an ordinance shall not
revive any ordinances in force before or at the time the ordinance repealed
took effect. 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.
(Code
1967, § 1-5; Ord. No. 2002.35, 8-8-02)
State law
reference—Similar
provisions, A.R.S. § 1-252.
Sec. 1-13. Severability of parts of code.
It is hereby declared to be the
intention of the city council that the sections, paragraphs, sentences, clauses
and phrases of this code are severable, and if any phrase, clause, sentence,
paragraph or section of this code shall be declared unconstitutional or
otherwise invalid by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this
Code.
(Code
1967, § 1-6; Ord. No. 2002.35, 8-8-02)
Sec. 1-14. Supplementation of code—generally.
(a) By
contract or by city personnel, supplemental to this code shall be prepared and
printed whenever authorized or directed by the council. A supplement to the
code shall include all substantive permanent and general parts of ordinances
adopted during the period covered by the supplement shall be so numbered that
they will fit properly into the code and will, where necessary, replace pages
which have become obsolete or partially obsolete, and the new pages shall be so
prepared that when they have been inserted, the code will be current through
the date of the adoption of the latest ordinance included in the supplement.
(b) In
preparing a supplement to this code, all portions of the code which have been
repealed shall be excluded from the code by the omission thereof from reprinted
pages.
(c) When
preparing a supplement to this code, all portions of this code, the codifier
(meaning the person, agency or organization authorized to prepare the
supplement) may make formal, nonsubstantive changes in ordinances and parts of
ordinances included in the supplement, insofar as it is necessary to do so to
embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings
and titles for sections and other subdivisions of the code printed in the
supplement, and make changes in such catchlines, headings and titles;
(3) Assign appropriate numbers to sections and
other subdivisions to be inserted in the code and, where necessary to
accommodate new material, change existing section or other subdivision numbers;
(4) Change the words "this ordinance"
or words of the same meaning to "this chapter", "this
article", "this division", etc., as the case may be, or to
"sections ___________ to ___________" inserting section numbers to
indicate the sections of the code which embody the substantive sections of the
ordinance incorporated into the code; and
(5) Make other nonsubstantive changes necessary
to preserve the original meaning of ordinance sections inserted into the code,
but in no case shall the codifier make any change in the meaning or effect of
ordinance material included in the supplement or already embodied in the code.
(Ord. No. 2002.35, 8-8-02)
Sec. 1-15. Same—exclusion of special or temporary
ordinances.
Ordinances hereafter adopted which are
not of a general or permanent nature shall not be prepared for insertion in
this code.
(Ord.
No. 2002.35, 8-8-02)